LAWS & EXECUTIVE ISSUANCES: WELFARE AND PROTECTION OF CHILDREN and DISASTER RESPONSE MANAGEMENT (1907-2010)

Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
foreword
the welfare and protecon of children

and disaster response management
have long been among the government’s
priority concerns. Today, in the context
of increasing populaon and the growing effects of global warming,
the welfare and protecon of children as well as disaster response
management have become immensely alarming challenges to
sustained development in the Philippines.
This compilaon of Philippine laws and execuve issuances

is intended to serve as a reference material for legislators and policy
makers in craing laws and formulang policies and programs that
are more responsive to current needs for children’s welfare and
effecve disaster response management. Students and researchers
will also find this compilaon equally helpful as it enables them to
gain a broader perspecve on the spectrum of government iniaves
for safeguarding children’s welfare and consolidang communal
capabilies for disaster response management.
This book contains the laws and execuve issuances of different

administraons through the American period, the Commonwealth
era, the Japanese occupaon, up to the country’s independence
covering the period 1907 to 2010. Thus, the reader will see laws
that are named Acts, Commonwealth Acts, Presidenal Decrees and
Republic Acts.
Execuve issuances are those promulgated by the President

of the Philippines such as Execuve Orders, Presidenal Decrees and
Presidenal Proclamaons. It also includes orders emanang from the
different departments of the government such as the Department of
Health and the Department of Social Welfare and Development. Laws
and execuve issuances on the welfare and protecon of children and
disaster response management from 1907 to 2010, whether these
have been repealed and amended, are included in this book.
This book is the first of a series of topical compilaons of laws

which will be produced by the House Secretariat, a most commendable
program of legislave documentaon which will certainly enrich the
terrain of legislave policy making in the country.
I acknowledge the reless efforts devoted into the producon

of this book by the House Secretary General Marilyn B. Barua-
Yap and the Legislave Informaon and Resource Management
Department consisng of the Legislave Library Service and the
Archives and Museum Management Service, as well as the Prinng
and Reproducon Service.
FELICIANO BELMONTE, JR.

Speaker
PART I - CHILD SPECIFIC LAWS
TABLE OF CONTENTS
PART 1
CHILD SPECIFIC LAWS
LEGAL ISSUANCES
ACT NO. 1670 3

AN ACT AUTHORIZING THE TRUSTEES OR DIRECTORS
OF ASYLUMS AND INSTITUTIONS WHERE POOR
CHILDREN ARE MAINTANED AT PUBLIC EXPENSE TO
PLACE SUCH CHILDREN IN CHARGE OF SUITABLE
PERSONS AND PROVIDING FOR THE ADOPTION OF SUCH
CHILDREN.
ACT NO. 2490 5

AN ACT TO CREATE A BOARD OF DENTAL HYGIENE FOR
THE PURPOSE OF ESTABLISHING AND MAINTAINING
FREE DENTAL CLINICS FOR CHILDREN MATRICULATED
IN PUBLIC AND PRIVATE SCHOOLS OF PRIMARY
INSTRUCTIONS IN THE PHILIPPINE ISLANDS, AND FOR
OTHER PURPOSES.
ACT NO. 2782 8

AN ACT APPROPRIATING THE SUM OF THIRTY
MILLION SEVEN HUNDRED AND FIVE THOUSAND
EIGHT HUNDRED AND TWENTY-FOU PESOS FOR THE
EXTENSION OF FREE ELEMENTAL INSTRUCTION TO
ALL CHILDREN OF SCHOOL AGE.
i
LAWS & ISSUANCES ON WELFARE AND PROTECTION OF CHILDREN AND DISASTER RESPONSE MANAGEMENT
ACT NO. 2815 9

AN ACT TO REORGANIZE THE GOVERNMENT
ORPHANAGE ESTABLISHED IN ACCORDANCE WITH ACT
NUMBERED TWENTY-SIX HUNDRED AND SEVENTY-ONE
WHICH SHALL HEREAFTER BE KNOWN AS THE BUREAU
OF DEPENDENT CHILDREN, TO DEFINE ITS FUNCTIONS
AND AUTHORITY, AND FOR OTHER PURPOSES
ACT NO. 2988 12

AN ACT TO ABOLISH THE PUBLIC WELFARE BOARD
AND TRANSFER ITS POWERS AND FUNCTIONS TO THE
OFFICE OF THE PUBLIC WELFARE COMMISSIONER;
MAKE THE BUREAU OF DEPENDED CHILDREN A
DIVISION OF THE OFFICE OF THE PUBLIC WELFARE
COMMISSIONER; CHARGE SAID OFFICE WITH THE
ACTIVITIES AND FUNCTIONS RELATIVE TO THE
PROTECTION OF INFANCY, AS PROVIDED FOR IN ACTS
NUMBERED TWENTY-SIX HUNDRED AND THIRTY-
THREE AND TWENTY-NINE HUNDRED AND FIVE,
AND WITH ALL WORK IN GENERAL, RELATED IWTH
MATERNITY, HYGIENE AND CHILD WELFARE, AND FOR
OTHER PURPOSES.
ACT NO. 3029 14

AN ACT TO PROVIDE FOR THE MEDICAL INSPECTION OF
THE CHILDREN OF THE PUBLIC ELEMENTARY SCHOOLS
OF THE PHILIPPINE ISLANDS.
ACT NO. 3071 15

AN ACT TO REGULATE THE EMPLOYMENT OF WOMEN
AND CHILDREN IN SHOPS, FACTORIES, INDUSTRIAL,
AGRICULTURAL, AND MERCANTILE ESTABLISHMENTS,
AND OTHER PLACES OF LABOR IN THE PHILIPPINE
ISLANDS; TO PROVIDE PENALTIES FOR VIOLATION
HEREOF, AND FOR OTHER PURPOSES.
ii
ACT NO. 3094 18

AN ACT TO CONFER CERTAIN POWERS UPON
INSTITUTIONS FOR THE CARE OF ORPHAN, HOMELESS,
NEGLECTED OR ABUSE CHILDREN.
ACT NO. 3203 21

AN ACT RELATING TO THE CARE AND CUSTODY OF
NEGLECTED AND DELINQUENT CHILDREN; PROVIDING
PROBATION OFFICERS THEREFOR; IMPOSING PENALTIES
FOR VIOLATION OF ITS PROVISIONS AND FOR OTHER
PURPOSES.
ACT NO. 3559 26

AN ACT TO AMEND SECTION SEVEN OF ACT NUMBERED
THIRTY-TWO HUNDRED AND THREE ENTITLED “AN ACT
RELATING TO THE CARE AND CUSTODY OF NEGLECTED
AND DELINQUENT CHILDREN; PROVIDING PROBATION
OFFICERS THEREFOR. IMPROVING PENALTIES FOR
VIOLATORS OF ITS PROVISION, AND FOR OTHER
PURPOSES.”
ACT NO. 3725 27

AN ACT PROVIDING FOR APPEAL IN CASES OF
ORDERS OF COMMITMENT OF DELINQUENT MINORS
BY AMENDING SECTION THREE OF ACT NUMBERED
THIRTY TWO HUNDRED AND THREE, ENTITLED “
AN ACT RELATING TO THE CARE AND CUSTODY OF
NEGLECTED AND DELINQUENT CHILDREN; PROVIDING
PROBATION OFFICERS THEREFOR. IMPROVING
PENALTIES FOR VIOLATORS OF ITS PROVISION, AND
FOR OTHER PURPOSES.”
iii
ACT NO. 3799 29

AN ACT GRANTING CERTAIN COMPENSATION TO
THE WIFE OR LEGITIMATE CHILDREN UNDER AGE
OF TWENTY-ONE YEARS OF ANY SENATOR OR
REPRESENTATIVE WHO IS DIES DURING HIS TERM OF
OFFICE, AND APPROPRIATING FUNDS THEREFOR.
ACT NO. 3854 30

AN ACT CONCERNING THE GUARDIANSHIP OF
INCOMPETENT VETERANS AND OF MINOR CHILDREN
OF DISABLED OR DECEASED VETERANS OF
FORMER MEMBERS OF THE MILITARY AND NAVAL
ESTABLISMENTS OF THE UNITED STATE.
ACT NO. 4139 32

AN ACT AUTHORIZING THE RENTING OF TEXTBOOKS
TO INTERMEDIATE AND SECONDARY PUPILS IN THE
PUBLIC SCHOOLS, AND FOR OTHER PURPOSES.
ACT NO. 4209 34

AN ACT APPROPRIATING FUNDS FOR THE MAINTENANCE
AND OPERATION OF AN INSTITUTION FOR THE CARE OF
BABIES AND CHILDREN BELOW TWO YEARS OF AGE
WHO ARE NEGATIVE LEPERS, TO BE TRANSFERRED
FROM CULION TO WELFAREVILLE AND FOR OTHER
PURPOSES.
COMMONWEALTH ACT NO. 99 36

AN ACT TO AMEND ARTICLE EIGHTY OF ACT NUMBERED
THIRTY-EIGHT HUNDRED AND FIFTEEN, ENTITLED “AN
ACT REVISING THE PENAL CODE AND OTHER PENAL
LAWS” AS AMENDED BY ACT NUMBERED FORTY-ONE
HUNDRED AND SEVENTEEN.
iv

AN ACT PROVIDING FOR THE SUPPORT OF PRIMARY AND
INTERMEDIATE EDUCATION AND OTHER PURPOSES.

AN ACT TO PROVIDE FOR THE ACQUISITION OF
PHILIPPINE CITIZENSHIP BY NATURALIZATION, AND
TO REPEAL ACTS NUMBERED TWENTY-NINE HUNDRED
AND TWENTY-SEVEN AND THIRTY-FOUR HUNDRED
AND FORTY-EIGHT (SECTION 2,6,15,16).

AN ACT TO CREATE A CORPORATION TO BE KNOWNAS
THE GIRL SCOUTS OF THE PHILIPPINES, AND TO DEFINE
ITS POWERS AND PURPOSES.

AN ACT APPROPRIATING THE SUM OF FIVE HUNDRED
THOUSAND PESOS FOR THE RESUMPTION OF THE
ACTIVITIES AND FUNCTIONS RELATIVE TO THE
PROTECTION OF EARLY INFANCY, MATERNITY, AND
CHILD HEALTH.

AN ACT TO ESTABLISH MUNICIPAL MATERNITY AND
CHARITY CLINICS.
BATAS PAMBANSA NO. 92 51

AN ACT MODIFYING THE DEFINITION OF THE CRIME
OF CORRUPTION OF MINORS AND INCREASING THE
PENALTY THEREFOR, AMENDING FOR THE PURPOSE
ARTICLE THREE HUNDRED FORTY OF THE REVISED
PENAL CODE.
v
BATAS PAMBANSA NO. 232 52

AN ACT PROVIDING FOR THE ESTABLISHMENT AND
MAINTENANCE OF AN INTEGRATED SYSTEM OF
EDUCATION.
REPUBLIC ACT NO. 19 55

AN ACT APPROPRIATING THE SUM OF ONE HUNDRED
THOUSAND PESOS FOR THE IMPROVEMENT OF THE
MATERNITY AND CHILDREN’S HOSPITAL IN THE CITY
OF MANILA

AN ACT AUTHORIZING THE PAYMENT, UNDER CERTAIN
CONDITIONS, OF A GRATUITY TO THE WIDOW AND/
OR CHILDREN, AND IN THEIR ABSENCE TO THE
OTHER HEIRS, OF A DECEASED OFFICER OR MEMBER
OF ANY POLICE FORCE OR SIMILAR GOVERMENTAL
ORGANIZATION ENGAGED IN THE MAINTENANCE
OF PEACE AND ORDER, APPROPRIATING FUNDS
THEREFOR

CHILDREN ENROLLED IN PRIVATE SCHOOLS, COLLEGES
AND UNIVERSITIES IN THE PHILIPPINES.

AND CHILDREN, TO PROVIDE PENALTIES FORVIOLATION

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF
THE NATIONAL INDIGENT CHILDREN’S HOSPITAL,
APPROPRAITING FUNDS FOR THE PURPOSE
vi

AN ACT TO AMEND SECTION THREE, SEVEN AND
TWELVE OF REPUBLIC ACT NUMBERED SIX HUNDRED
SEVENTY-NINE, ENTITLED “AN ACT TO REGULATE THE
EMPLOYMENT OF WOMEN AND CHILDREN, TO PROVIDE
PENALTIES FOR VIOLATION HEREOF, AND FOR OTHER
PURPOSES.”

AN ACT AMENDING SECTIONS ONE, TWO, THREE,
FOUR AND FIVE OF REPUBLIC ACT SEVEN HUNDRED
THIRTY-ONE PROVIDING FOR THE ESTABLISHMENT
OF THE NATIONAL CHILDREN’S HOSPITAL AND
APPROPRIATING FUNDS FOR THE PURPOSE

AN ACT ESTABLISHING A NATIONAL COORDINATING
CENTER FOR THE STUDY AND DEVELOPMENT OF
FILIPINO CHILDREN AND YOUTH, AND APPROPRIATING
FUNDS THEREFOR.

AN ACT TO CREATE THE UNITED NATIONS CHILDREN’S
FUND NATIONAL COMMITTEE

AN ACT PROHIBITING THE COLLECTION OF
CONTRIBUTIONS FROM SCHOOL CHILDREN OF PUBLIC
PRIMARY AND INTERMEDIATE SCHOOLS

AN ACT TO AMEND REPUBLIC ACT NUMBERED FOUR
THOUSAND TWO HUNDRED SIX ENTITLED “AN ACT
PROHIBITING THE COLLECTION OF CONTRIBUTIONS
FROM SCHOOL CHILDREN OF PUBLIC PRIMARY AND
INTERMEDIATE SCHOOLS.”
vii

AN ACT CREATING COUNCIL FOR THE PROTECTION OF
CHILDREN IN EVERY CITY AND MUNICIPALITY OF THE
PHILIPPINES AND FOR OTHER PURPOSES
.
ANACT ESTABLISHINGATEN-YEAR TRAINING PROGRAM
FOR TEACHERS OF SPECIAL AND EXCEPTIONAL
CHILDREN IN THE PHILIPPINES AND AUTHORIZING THE
APPROPRIATION OF FUNDS THEREFOR.

AN ACT TO FURTHER AMEND REPUBLIC ACT NUMBERED
FOUR THOUSAND TWO HUNDRED SIX ENTITLED “AN ACT
PROHIBITING THE COLLECTION OF CONTRIBUTIONS
INTERMEDIATE AND HIGH SCHOOLS.”

AN ACT AMENDING REPUBLIC ACT NUMBERED
FIFTY-TWO HUNDRED FIFTY, ENTITLED “AN ACT
ESTABLISHING A TRAINING PROGRAM FOR TEACHERS
OF SPECIAL AND EXCEPTIONAL CHILDREN IN THE
PHILIPPINES AND APPROPRIATING FUNDS THEREFOR

AN ACT ESTABLISHING A DAY CARE CENTER IN
EVERY BARANGAY, INSTITUTING THEREIN A TOTAL
OF DEVELOPMENT AND PROTECTION OF CHILDREN
PROGRAM, APPROPRIATING FUNDS THEREFOR, AND
FOR OTHER PURPOSES
viii

AN ACT TO HELP POOR BUT DESERVING STUDENTS
PURSUE THEIR EDUCATION BY ENCOURAGING THEIR
EMPLOYMENT DURING SUMMER AND/OR CHRISTMAS
VACATIONS, THROUGH INCENTIVES GRANTED TO
EMPLOYERS, ALLOWING THEM TO PAY ONLY SIXTY
PER CENTUM OF THEIR SALARIES OR WAGES AND THE
FORTY PER CENTUM THROUGH EDUCATION VOUCHERS
TO BE PAID BY THE GOVERNMENT, PROHIBITING
AND PENALIZING THE FILING OF FRAUDULENT OR
FICTITIOUS CLAIMS, AND FOR OTHER PURPOSES

AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT
AND PRIVATE HEALTH INSTITUTIONS WITH ROOMING-
IN AND BREASTFEEDING PRACTICES AND FOR OTHER
PURPOSES

AN ACT PROVIDING FOR STRONGER DETERRENCE
AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, PROVIDING
PENALTIES FOR ITS VIOLATION, AND FOR OTHER
PURPOSES

AN ACT INTEGRATING DRUG PREVENTION AND
CONTROL IN THE INTERMEDIATE AND SECONDARY
CURRICULA AS WELL AS IN THE NONFORMAL,
INFORMAL AND INDIGENOUS LEARNING SYSTEMS AND
FOR OTHER PURPOSES
ix

AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN
BELOW 15 YEARS OF AGE IN PUBLIC AND PRIVATE
UNDERTAKINGS, AMENDING FOR THIS PURPOSE
SECTION 12, ARTICLE VIII OF R.A. 7610

AN ACT TO LENGTHEN THE SCHOOL CALENDAR FROM
TWO HUNDRED (200) DAYS TO NOT MORE THAN TWO
HUNDRED TWENTY (220) CLASS DAYS

AN ACT AMENDING SECTION 25 OF BATAS PAMBANSA
BLG. 232, OTHERWISE KNOWN AS THE “EDUCATION
ACT OF 1982”

AN ACT REQUIRING COMPULSORY IMMUNIZATION
AGAINST HEPATITIS-B FOR INFANTS AND CHILDREN
BELOW EIGHT (8) YEARS OLD, AMENDING FOR THE
PURPOSE PRESIDENTIAL DECREE NO. 996, AND
APPROPRIATING FUNDS THEREFOR

AN ACT PROVIDING FOR THE FAIR AND EQUITABLE
ALLOCATION OF THE DEPARTMENT OF EDUCATION,
CULTURE AND SPORTS’ BUDGET FOR CAPITAL
OUTLAY

AN ACT ESTABLISHING THE RULES TO GOVERN
INTERCOUNTRY ADOPTION OF FILIPINO CHILDREN,
AND FOR OTHER PURPOSES
x

AN ACT CREATING THE NATIONAL YOUTH COMMISSION,
ESTABLISHING A NATIONAL COMPREHENSIVE AND
COORDINATED PROGRAM ON YOUTH DEVELOPMENT,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

AN ACT PROMOTING SALT IODIZATION NATIONWIDE
AND FOR RELATED PURPOSES

AN ACT DECLARING EVERY SECOND SUNDAY
OF DECEMBER AS THE NATIONAL CHILDREN’S
BROADCASTING DAY

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF
RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST
PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE, AND FOR OTHER PURPOSES

AN ACT ESTABLISHING FAMILY COURTS, GRANTING
THEM EXCLUSIVE ORIGINAL JURISDICTION OVER
CHILD AND FAMILY CASES, AMENDING BATAS
PAMBANSA BILANG 129, AS AMENDED, OTHERWISE
KNOWN AS THE JUDICIARY REORGANIZATION ACT
OF 1980, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

CHILDREN’S TELEVISION ACT OF 1997
xi

AN ACT PROMULGATING POLICIES AND PRESCRIBING
MEASURES FOR THE PREVENTION AND CONTROL OF HIV/
AIDS IN THE PHILIPPINES, INSTITUTING A NATIONWIDE
H I V / A I D S I N F O R M AT I O N A N D E D U C AT I O N A L
PROGRAM, ESTABLISHING A COMPREHENSIVE HIV/
AIDS MONITORING SYSTEM, STRENGTHENING THE
PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER
PURPOSES

AN ACT PROVIDING ASSISTANCE AND PROTECTION
FOR RAPE VICTIMS, ESTABLISHING FOR THE PURPOSE
A RAPE CRISIS CENTER IN EVERY PROVINCE AND
CITY, AUTHORIZING THE APPROPRIATION OF FUNDS
THERFOR, AND FOR OTHER PURPOSES

AN ACT ESTABLISHING TIlE RULES AND POLICIES ON
THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND
FOR OTHER PURPOSES

AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO
SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

AN ACT ESTABLISHING THE PHILIPPINE FOOD
F O RT I F I C AT I O N P R O G R A M A N D F O R O T H E R
PURPOSES
xii

AN ACT PROMULGATING A COMPREHENSIVE POLICY
AND A NATIONAL SYSTEM FOR EARLY CHILDHOOD
CARE AND DEVELOPMENT (ECCD), PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES

AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE
FOR BASIC EDUCATION, ESTABLISHING AUTHORITY
AND ACCOUNTABILITY, RENAMING THE DEPARTMENT
OF EDUCATION, CULTURE AND SPORTS AS THE
DEPARTMENT OF EDUCATION. AND FOR OTHER
PURPOSES

AN ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY WOMEN
AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION
AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER
PURPOSES

AN ACT REGULATING THE PACKAGING, USE, SALE,
DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO
PRODUCTS AND FOR OTHER PURPOSES

AN ACT PROVIDING FOR THE ELIMINATION OF THE
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 ACT”
xiii

AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE
THE SURNAME OF THEIR FATHER, AMENDING FOR THE
PURPISE ARTICLE 176 OF EXECUTIVE ORDER NO. 209,
OTHERWISE KNOWN AS THE “FAMILY CODE OF THE
PHILIPPINES”

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFOR, AND FOR OTHER PURPOSES

AN ACT PROMULGATING A COMPREHENSIVE POLICY
AND A NATIONAL SYSTEM FOR ENSURING NEW BORN
BABY

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE
JUSTICE AND WELFARE SYSTEM, CREATING THE
JUVENlLE JUSTICE AND WELFARE COUNCIL UNDER
THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS

AN ACT REQUIRING THE CERTIFICATION OF THE
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
(DSWD) TO DECLARE A ‘“CHILD LEGALLY AVAILABLE
FOR ADOPTION” AS A PREREQUISITE FOR ADOPTION
PROCEEDINGS, AMENDING FOR THIS PURPOSE
CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8552,
OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT
OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN
AS THE INTER-COUNTRY ADOPTION ACT OF 1995,
xiv
PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN

AS THE CHILD AND YOUTH WELFARE CODE, AND FOR
OTHER PURPOSES

A N A C T P E N A L I Z I N G TO RT U R E A N D O T H E R
CRUEL, INHUMAN AND DEGRADING TREATMENT
OR PUNISHMENT AND PRESCRIBING PENALTIES
THEREFOR

AN ACT PROVIDING FOR THE LEGITIMATION OF
CHILDREN BORN TO PARENTS BELOW MARRYING AGE,
AMENDING FOR THE PURPOSE THE FAMILY CODE OF
THE PHILIPPINES, AS AMENDED

A N A C T E X PA N D I N G T H E P R O M O T I O N O F
BREASTFEEDING, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS “AN
ACT PROVIDING INCENTIVES TO ALL GOVERNMENT
AND PRIVATE HEALTH INSTITUTIONS WITH ROOMING-
IN AND BREASTFEEDING PRACTICES AND FOR OTHER
PURPOSES”
EXECUTIVE ISSUANCES
PRESIDENTIAL DECREE NO. 148 479

AMENDING FURTHER CERTAIN SECTIONS OF REPUBLIC
ACT NUMBERED SIX HUNDRED SEVENTY-NINE AS
AMENDED, COMMONLY KNOWN AS THE WOMEN AND
CHILD LAW.
xv

THE CHILD AND YOUTH WELFARE CODE

PROVIDING FOR COMPULSORY BASIC IMMUNIZATION
FOR INFANTS AND CHILDREN BELOW EIGHT YEARS
OF AGE.

A DECREE TO ORDAIN AND PROMULGATE A CODE
RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM
LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND
PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER
PURPOSES

AMENDING CERTIAN PROVISIONS OF CHAPTER THREE,
TITLE EIGHT OF PRESIDENTIAL DECREE NUMBERED
SIX HUNDRED AND THREE OTHERWISE KNOWN AS THE
CHILD AND YOUTH WELFARE CODE AND FOR OTHER
PURPOSES.

AMENDING CERTAIN PROVISIONS OF CHAPTER THREE,
TITLE EIGHT OF PRESIDENTIAL DECREE NUMBERED
SIX HUNDRED AND THREE AS AMENDED OTHERWISE
KNOWN AS CHILD AND YOUTH WELFARE CODE AND
FOR OTHER PURPOSES.

ESTABLISHING A FOUNDATION FOR RESPIRATORY
DISEASES OF CHILDREN.
xvi

PROVIDING FOR A NATIONAL PROGRAM FOR SOCIAL
SERVICES AND DEVELOPMENT FOR THE FILIPINO
CHILDREN AND YOUTH.

EXTENDING RETIREMENT BENEFITS TO UNMARRIED
SURVIVING CHILDREN OF MAJORITY AGE, OR TO
SURVIVING PARENTS, OR TO UNMARRIED BROTHERS
AND SISTERS OF MILITARY PERSONNEL WHO DIE IN
LINE OF DUTY.
PRESIDENTIAL DECREE NO.1900 579

EXEMPTING “SAVE THE CHILDREN FEDERATION,
INC.” FROM THE PAYMENT OF TAXES AND CUSTOMS
DUTIES.

FILIPINO CHILDREN AND YOUTH PARTICIPATION IN THE
NATIONAL-BUILDING LAW OF 1985.
EXECUTIVE ORDER NO. 51 585

ADOPTING A NATIONAL CODE OF MARKETING
OF BREASTMILK SUBSTITUTES, BREASTMILK
SUPPLEMENTS AND RELATED PRODUCTS, PENALIZING
VIOLATION THEREOF, AND FOR OTHER PURPOSES.

AUTHORIZING THE MINISTRY OF SOCIAL SERVICES
AND DEVELOPMENT TO TAKE PROTECTIVE CUSTODY
OF CHILD PROSTITUTES AND SEXUALLY EXPLOITED
CHILDREN, AND FOR OTHER PURPOSES
xvii

AMENDING ARTICLES 27, 28, 29, 31,33 AND 35 OF
PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN
AS THE “CHILD YOUTH WELFARE CODE”

CREATING A COMMITTEE FOR THE SPECIAL PROTECTION
OF CHILDREN FROM ALL FORMS OF NEGLECT, ABUSE,
CRUELTY, EXPLOITATION, DISCRIMINATION AND OTHER
CONDITIONS PREJUDICIAL TO THEIR DEVELOPMENT.

DECLARING NATIONAL GOVERNMENT AGENCIES AND
OTHER CONCERNED AGENCIES TO ACTIVELY SUPPORT
AND IMPLEMENT PROGRAMS ON THE “BRIGHT
CHILD”.

PROVIDING FOR THE IMMEDIATE RELEASE OF
DETAINED CHILDREN IN CONFLICT WITH LAW (CICL)
AS DECLARED UNDER R.A 9344, ENTITLED “ JUVENILE
JUSTICE AND WELFARE ACT OF 2006”.

IMPLEMENTING THE NATIONAL COMMITMENT
FOR “BAKUNA ANG UNA SA SANGGOL AT INA”,
ATTAINING WORLD HEALTH ORGANIZATION’S GOALS
TO ELIMINATE MEASLES AND NEONATAL TETANUS,
ERADICATE POLIO,CONTROL HEPATITIS B, AND OTHER
VACCINE PREVENTABLE DISEASES

EXPANDING THE PRESCHOOL COVERAGE TO INCLUDE
CHILDREN ENROLLED IN DAY CARE CENTERS.
xviii

AFFIRMING THE ROLES OF EARLY CHILDHOOD CARE
AND DEVELOPMENT COUNCIL AND THE COUNCIL FOR
THE WELFARE OF CHILDREN.
PROCLAMATION NO. 6 624

IMPLEMENTING A UNITED NATIONS GOAL ON
UNIVERSAL CHILD IMMUNIZATION BY 1990

PROCLAIMING THE ADOPTION AND IMPLEMENTATION
OF THE PHILIPPINE PROGRAM OF ACTION FOR CHILDREN
IN THE 1990

REAFFIRMING THE COMMITMENT TO THE UNIVERSAL
CHILD AND MOTHER IMMUNIZATION GOAL BY
LAUNCHING THE POLIO ERADICATION PROJECT

TH
DECLARING THE 17 DAY OF OCTOBER OF EVERY YEAR
AS NATIONAL CHILDREN’S DAY

DECLARING THE MONTH OF OCTOBER OF EVERY YEAR
AS NATIONAL CHILDREN’S MONTH

DECLARING AS A NATIONAL STATE POLICY THE
REGISTRATION OF BIRTHS, DEATHS, MARRIAGES AND
FOUNDLINGS.
xix

DECLARING THE SECOND WEEK OF FEBRUARY OF
EVERY YEAR AS “NATIONAL AWARENESS WEEK FOR
THE PREVENTION OF CHILD SEXUAL ABUSE AND
EXPLOITATION”

DECLARING THE FOURTH WEEK OF MARCH 1996 AS
“PROTECTION AND GENDER-FAIR TREATMENT OF THE
GIRL SCOUTS CHILD YOUTH”

DECLARING THE SECOND WEEK OF DECEMBER OF
EVERY YEAR AS “RESPONSIBLE TELEVISION OF
CHILDREN WEEK”

DECLARING OCTOBER 2006 – OCTOBER 2007 AS “CHILD
ABUSE PREVENTION YEAR”

DECLARING THURSDAY, DECEMBER 28, 2006 (HOLY
INNOCENTS’ DAY) AS A SPECIAL DAY DEDICATED
TO STREET CHILDREN AND OTHER ABANDONED,
ORPHANED, ABUSED AND MARGINALIZED YOUTH.
MEMORANDUM ORDER NO. 71 649

DIRECTING THE SECRETARY, DEPARTMENT OF LABOR
AND EMPLOYMENT, TO TAKE IMMEDIATE AND
EFFECTIVE MEASURES TO ENSURE THE PROHIBITION
AND ELIMINATION OF THE WORST FORMS OF CHILD
LABOR THROUGH THE PHILIPPINE TIME-BOUND
PROGRAM AND OTHER INITIATIVES PURSUANT TO THE
ILO CONVENTION 182
xx
PART II - DISASTER RESPONSE MANAGEMENT
MEMORANDUM ORDER NO. 203 652

DESIGNATING THE DEPARTMENT OF SOCIAL WELFARE
AND DEVELOPMENTAS THE LEAD AGENCY IN ENSURING
THAT THE RIGHTS AND WELFARE OF CHILDREN IN
CONFLICT WITH THE LAW ARE PROTECTED
PART II
DISASTER MANAGEMENT
LEGAL ISSUANCES
ACT 1809 657

AN ACTAPPROPRIATING THE SUM OF THE ONE HUNDRED
THOUSAND PESOS FROM INSULAR FUNDS FOR THE
RELIEF OF SUFERERS FROM PUBLIC CALAMITIES.
ACT 2628 658

AN ACT CREATING A PHILIPPINE RED CROSS,
DESIGNATING ITS POWERS AND DUTIES
ACT 4164 663

AN ACT TO PREVENT THE EXCESSIVE INCREASE IN THE
PRICE OF CERTAIN PRIME NECESSITIES OF LIFE ON THE
OCCASSION OF A PUBLIC CALAMITY, PENALIZING THE
VIOLATION THEREOF, AND FOR OTHER PURPOSES.

AN ACT TO PROVIDE FOR THE CIVIL DEFENSE IN TIME
OF WAR OR OTHER NATIONAL EMERGENCY, CREATING
A NATIONAL CIVIL DEFENSE ADMINISTRATION, AND
FOR OTHER PURPOSES.
xxi

ACT STRENGTHENING THE PHILIPPINE DISASTER
RISK REDUCTION AND MANAGEMENT SYSTEM,
PROVIDING FOR THE NATIONAL DISASTER RISK
REDUCTION AND MANAGEMENT FRAMEWORK AND
INSTITUTIONALIZING THE NATIONAL DISASTER
RISK REDUCTION AND MANAGEMENT PLAN
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
EXECUTIVE ISSUANCES

STRENGTHENING THE PHILIPPINE DISASTER CONTROL
CAPABILITY AND ESTABLISHING THE NATIONAL
PROGRAM ON COMMUNITY DISASTER

CREATING A CIVILIAN EMERGENCY ADMINISTRATION,
DEFINING ITS POWERS AND DUTIES AND PROVIDING
FOR THE COORDINATION AND CONTROL OF CIVILIAN
POPULATION IN EXTRAORDINARY AND EMERGENCY
CONDITIONS

PROMULGATING THE RULES AND REGULATIONS FOR
THE ORGANIZATION AND TRAINING OF VOLUNTEER
GUARDS
EXECUTIVE ORDER. NO. 159 730

REQUIRING ALL DEPARTMENTS, BUREAUS, OFFICES,
AGENCIES, INSTRUMENTALITIES AND POLITICAL
SUBDIVISIONS OF THE GOVERNMENT, INCLUDING
CORPORATION OWNED OR CONTROLLED BY THE
xxii
PART II - DISASTER RESPONSE MANAGEMENT
GOVERNMENT, THE ARMED FORCES, GOVERNMENT

HOSPITAL, AND PUBLIC EDUCATIONAL INSTITUTIONS
TO ESTABLISH THIER RESPECTIVE DISASTER CONTROL
ORGANIZATION.

PROVIDING FOR COMPENSATORY BENEFITS TO
DISASTER VOLUNTEER WORKER ENGAGED IN
EMERGENCY OPERATIONS.

ADOPTING THE STRATEGIC NATIONAL ACTION PLAN
(SNAP) ON DISASTER RISK REDUCTION (DRR). 2009 –
2019 AND INSTITUTIONALIZING DRR.
ADMINISTRATIVE ORDER NO. 151 743

CREATING A NATIONAL COMMITTEE ON DISASTER
OPERATIONS
INDEX 747
xxiii
CHILD SPECIFIC LAWS - LEGAL ISSUANCES
PART I
CHILD SPECIFIC LAWS
ü
q Legal Issuances
q Executive Issuances
1
2
ACT NO. 1670
AN ACT AUTHORIZING THE TRUSTEES OR DIRECTORS OF

ASYLUMS AND INSTITUTIONS WHERE POOR CHILDREN
ARE MAINTAINED AT PUBLIC EXPENSE TO PLACE SUCH
CHILDREN IN CHARGE OF SUITABLLE PERSONS AND
PROVIDING FOR THE ADOPTION OF SUCH CHILDREN.
By authority of the United States, be it enacted by the Philippine Commission,

that:
SECTION 1. The board of trustees or directors of any asylum or

institution in which poor children are cared for and maintained at public
expense are hereby authorized, with the consent of the Director of Health,
to place any orphan or other child so maintained therein whose parents are
unknown, or being known are unable or unwilling to support such child, in
charge of any suitable person who may desire to take such child and shall
furnish satisfactory evidence of his ability suitably to maintain, care for,
and educate such child.
SEC. 2. The entrusting of any child to a person in the preceding section

shall not constitute a legal adoption and shall not affect the civil status of
such child or prejudice the right of any person entitled to its legal custody
or guardianship.
SEC. 3. It shall be the duty of any person who shall take any poor
child from an asylum or institution, as provided in section one of this Act,
suitably to maintain, care for, and educate such child while in his custody.
The Director of health shall visit such child personally or by agent at least
once every three months and make all inquiries as to its welfare.
SEC. 4. If the Director of Health shall find that any child so taken from
any asylum or institution is not being properly maintained, cared for, and
educated, or if the person with whom such child has been placed shall no
longer desire to retain the custody thereof, the Director of Health shall again
place the child in the asylum or institution from which it was taken.
3
SEC. 5. Upon the application of any person to the trustees or directors

of any asylum or institution where poor children are maintained at public
expense to adopt any child so maintained therein, it shall be the duty of such
trustees or directors, with the approval of the Director of Health, to report
the fact to the provincial fiscal, or in the city of Manila to the city attorney,
and such official shall hereupon prepare the necessary papers and present
the matter to the proper court. The cost of such proceedings in court shall
be de oficio.
SEC. 6. The public good requiring the speedy enactment of this bill,
the passage of the same is hereby expedited in accordance with section two
of “An laws,’’ passed September twenty-sixth, nineteen hundred.
SEC. 7. This act shall take effect on its passage.
Enacted, July 8, 1907
4
ACT NO. 2490
AN ACT TO CREATE A BOARD OF DENTAL HYGIENE FOR THE

PURPOSE OF ESTABLISHING AND MAINTAINING FREE
DENTAL CLINICS FOR CHILDREN MATRICULATED IN PUBLIC
AND PRIVATE SCHOOLS OF PRIMARY INSTRUCTION IN THE
PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES
By authority of the United States, be it enacted by the Philippine Legislature,

that:
SECTION 1. Board of Dental Hygiene; appointment; duties; meetings. –

The Secretary of the Interior shall appoint three lawfully qualified practicing
dentists, residents of the Philippine Islands, to form the Board of Dental
Hygiene. The members of this Board shall hold office until their successors
shall have been appointed and qualified. They shall serve without any
compensation whatsoever. Immediately after their appointment, they shall
meet and elect from among their number a chairman and a secretary. They
shall meet from time to time, as the needs of their duties may require. On or
before January first, nineteen hundred and sixteen, they shall present to the
Director of Health a report of the work performed since their appointment,
setting forth the number of children whose teeth have been attended to, the
nature of the dental work done for them, and any other information they
may deem of interest, and stating all sums of money received and the origin
thereof, and all disbursements, and the purposes thereof. They shall under no
circumstances contract obligations in a sum in excess of the actual amount of
cash on deposit in the Insular Treasury to the credit of the Board. They shall
perform all such other duties as may be necessary to carry out the purposes
of this Act.
SEC. 2. Funds, how provided. – The Board of Dental Hygiene is

authorized to solicit and accept money for the purposes and use of the dental
clinics in the public schools of the Philippine Islands, during the period from
its organization to December first, nineteen hundred and fifteen.
5
SEC. 3. Funds, how deposited. – All sums received for the purposes
of the present Act shall be forthwith deposited in the Insular Treasury to the
credit of a fund to be designated as dental hygiene fund. It shall be the duty
of the members of the Board, or their agents, to issue each contributor or
subscriber to the fund a receipt countersigned by the Insular Treasurer, for
the exact sum paid by him and deposited in the Insular Treasury.
SEC. 4. Expenditure of the money. – The money so received, or so

much thereof as may be necessary, shall be disbursed for no other purpose
except that of furnishing free dental service to the poor children in the public
schools of the Philippine Islands, when deemed in the best interest of the
pupils attending the schools, and to any and all children attending public and
private schools of primary instruction. The expenditures shall be limited to
the following items:
(a) Purchase of dental instruments and equipment necessary for properly

carrying out the dental work contemplated by this Act.
(b) Essential expenditures in connection with the raising of funds, and

the establishment of dental clinics, and the necessary expenses in connection
with the business of the Board.
(c) For material, medicines, and dental supplies to be used for dental
work on the school children.
(d) For the compensation of dentists, assistants, and others doing real
dental work for the school children.
(e) For the compensation of such assistance or service as may be

essential for carrying out the dental work in an adequate and sanitary
manner.
SEC. 5. Employees. – All dentists, assistants, and other employees paid

out of the dental hygiene fund shall be natives of the Philippine Islands or
of the United States. They shall be selected impartially and in accordance
with their aptitude for performing the service required.
6
SEC. 6. Disbursements upon vouchers. – The Insular Treasurer shall

not under any circumstances pay any money out of the dental hygiene fund
created by this Act, except upon the presentation of vouchers duly signed by
all three members of said Board and countersigned by the Director of Health
and the Director of Education, and in case of the absence of one or both of
them, or of any other good reason for inability to secure their approval, by
their representatives in their respective Bureaus.
SEC. 7. This Act shall take effect on its passage.
Enacted, February 5, 1915
7
ACT NO. 2782
AN ACT APPROPRIATING THE SUM OF THIRTY MILLION SEVEN

HUNDRED AND FIVE THOUSAND EIGHT HUNDRED AND
TWENTY-FOUR PESOS FOR THE EXTENSION OF FREE
ELEMENTAL INSTRUCTION TO ALL CHILDREN OF SCHOOL
AGE
Be it enacted by the Senate and House of Representatives of the Philippines

in Legislature assembled and by the authority of the same:
SECTION 1. There is hereby appropriated, out of any funds in the Insular

Treasury not otherwise appropriated, the sum of thirty million seven hundred
and five thousand eight hundred and twenty-four pesos, or such part thereof
as may be necessary, for the purpose of extending the facilities of free
elemental instruction to all the children of school age of the Archipelago.
Of this sum there shall be available for investment on the first of January,
nineteen hundred and nineteen, the sum of seven hundred and thirty-five
thousand pesos; on the first of January, nineteen hundred and twenty, the
sum of three million nine hundred and nineteen thousand pesos; on the
first of January, nineteen hundred and twenty-one, the sum of six million
three hundred and five thousand four hundred pesos; on the first of January,
nineteen hundred and twenty-two, the sum of eight million seven hundred
and ten thousand four hundred and forty pesos; and on the first of January,
nineteen hundred and twenty-three, the sum of eleven million thirty-five
thousand nine hundred and eighty four pesos.
The sums so appropriated shall be in addition to the sums appropriated in

the annual appropriations for the Bureau of Education and shall be expended
with the approval of the Council of State. The unexpended balances at the
end of each one of the aforesaid years shall revert to the general funds of
the Insular Treasury.
SEC. 2. This Act shall take effect on its approval.
Approved, December 6, 1918
8
ACT NO. 2815
AN ACT TO REORGANIZE THE GOVERNMENT ORPHANAGE

ESTABLISHED IN ACCORDANCE WITH ACT NUMBERED
TWENTY-SIX HUNDRED AND SEVENTY-ONE WHICH SHALL
HEREAFTER BE KNOWN AS THE BUREAU OF DEPENDENT
CHILDREN, TO DEFINE ITS FUNCTIONS AND AUTHORITY,
AND FOR OTHER PURPOSES.

SECTION 1. The Government orphanage established in accordance

with Act Numbered Twenty-six hundred and seventy-one, entitled “An Act
to appropriate the sum of one hundred and fifty thousand pesos or so much
thereof as may be necessary, for charitable purposes,” is hereby reorganized
and shall hereafter be known as the “Bureau of Dependent Children” and
be under the jurisdiction of the Secretary of the Interior.
SEC. 2. The Bureau of Dependent Children shall have the powers

generally exercised by other Bureaus of the Government and shall have a
Director and an Assistant Director, who shall receive compensation at the rate
of not to exceed five and four thousand pesos respectively, per annum.
These officers may be furnished subsistence and quarters and any other
contingent service sanctioned by the Department head.
SEC. 3. The Bureau of Dependent Children shall, under the direct

executive control, direction, and supervision of the Department of the
Interior, have the following powers, duties, and functions:
(a) To provide orphaned or needy children with means for their care
and education and training in a useful trade or occupation at some suitable
institution until they shall be able to begin to earn their own living. The
Director of the Bureau of Dependent Children shall for all legal purposes
be the guardian of every child under his care.
9
(b) To provide the necessary care for children who are invalids since
their birth or have become such through disease, or who are in need of
institutional treatment.
(c) To care for, educate, reform, and correct minors admitted to the
institution or committed to the same by the courts of justice: Provided, That
minors committed by the courts of justice shall not be discharged without
the knowledge and consent of the committing court.
(d) The Bureau of Dependent Children shall be authorized to make

investigations or request of any agent of the authorities or police officer any
assistance or information that may be necessary, and it shall be the duty of
such agent to furnish the desired assistance or information.
(e) The schools in the institution established under the control of the
Bureau of Dependent Children shall adopt a curriculum as prescribed by
the Director of Education, and the certificates issued by said schools shall
be recognized and given consideration the same as those issued by other
Government schools.
(f) The Bureau of Dependent Children shall have general supervision

and control over all Insular, provincial, and municipal institutions including
those of the chartered cities, whose purposes are the same as those of the
Bureau of Dependent Children.
SEC. 4. The necessary expenses for the acquisition of land, construction

of buildings, purchase of equipment, and others, shall be determined and
authorized in the appropriations for nineteen hundred and twenty and
subsequent years: Provided, however, That with a view to facilitating the
preliminary work, the Secretary of Commerce and Communications may, in
his discretion, authorize such initial expenses of the Bureau of Dependent
Children as may be considered indispensable, in connection with the
preparation of plans and, whenever possible, the acquisition of all or part
of the land required.
10
SEC. 5. The Secretary of the Interior is hereby empowered to authorize

the operation of the Bureau of Dependent Children and the execution of
any of the provisions of this Act whenever the circumstances may require
it, and in addition to the authority granted in the last preceding section the
Emergency Board and the Public Welfare Board may grant such necessary
funds as the Secretary of the Interior may request.
Approved, March 4, 1919
11
ACT NO. 2988
AN ACT TO ABOLISH THE PUBLIC WELFARE BOARD AND

TRANSFER ITS POWERS AND FUCTIONS TO THE OFFICE OF
THE PUBLIC WELFARE COMMISSIONER; MAKE THE BUREAU
OF DEPENDED CHILDREN A DIVISION OF THE OFFICE OF
THE PUBLIC WELFARE COMMISSIONER; CHARGE SAID
OFFICE WITH THE ACTIVITIES AND FUCTIONS RELATIVE TO
THE PROTECTION OF INFANCY, AS PROVIDED FOR IN ACTS
NUMBERED TWENTY-SIX HUNDRED AND THIRTY-THREE
AND TWENTY-NINE HUNDRED AND FIVE, AND WITH ALL
WORK IN GENERAL, RELATED WITH MATERNITY, HYGIENE,
AND CHILD WELFARE, AND FOR OTHER PURPOSES.

SECTION 1. The Public Welfare Board, established by Act Numbered

Twenty-five hundred and ten, as amended by Act Numbered Twenty-seven
hundred and forty-five, is hereby abolished, and all functions, duties, and
powers of said Board are conferred upon and transferred to the Public
Welfare Commissioner, whose office is hereby created, under the direction
and executive control of the Department of the Interior. Said Commissioner
shall be appointed by the Governor-General, by and with the consent of the
Senate. The relations of direction and dependence between the Office of the
Public Welfare Commissioner and the Department of the Interior shall be
governed by chapter five of the Administrative Code, as amended by Act
Numbered Twenty-eight hundred and three.
SEC. 2. It is hereby directed that the Bureau of Dependent Children, as

organized under Act Numbered Twenty-eight hundred and fifteen, shall be
merged with the Office of the Public Welfare Commissioner, as created by
this Act. Said Bureau of Dependent Children, upon being so merged, shall be
considered as a division of the Office of the Public Welfare Commissioner.
Upon said merger, the present officers and employees of the Bureau of
Dependent Children shall be transferred to the Office of the Public Welfare
Commissioner and shall continue in the enjoyment of the same rights and
12
privileges which they have been enjoying heretofore, under the Civil Service
rules.
SEC. 3. It is further provided that hereafter the sum of one million

pesos, or so much thereof as may remain unexpended, appropriated by
Act Numbered Twenty-six hundred and thirty-three, as amended by Act
Numbered Twenty-nine hundred and five, may be disbursed, any provisions
of existing law to the contrary notwithstanding for general work related with
maternity, hygiene, and child welfare, and all activities, duties, and functions
prescribed by said acts, as amended by the present Act, shall be performed
through the Office of the Public Welfare Commissioner.
With regard to the maternity, hygiene, and child welfare work, any
officer or employee of the Insular, provincial or municipal governments shall
render services when required by the Secretary of the Interior, and may receive
additional compensation therefore if authorized by said Secretary.
SEC. 4. The Secretary of the Interior, through the Office of the Public
Welfare Commissioner, shall have authority, and it shall be his duty, to
investigate, promote, coordinate, inspect, and regulate all work related with
maternity, hygiene, and child welfare in the Philippine Islands, any provisions
of existing law to the contrary notwithstanding. And said Secretary, through
the Public Welfare Commissioner, may establish and maintain maternity
hospitals, puericultural institutions, dispensaries, hospitals, and other
establishments for the care of children and for the instruction of the personnel
which shall have charge of this work.
SEC. 5. All and each of the acts inconsistent herewith are hereby
repealed.
Approved, February 24, 1921
13
ACT NO. 3029
AN ACT TO PROVIDE FOR THE MEDICAL INSPECTION OF THE

CHILDREN OF THE PUBLIC ELEMENTARY SCHOOLS OF THE
PHILIPPINE ISLANDS.

SECTION 1. Beginning with the month of June, nineteen hundred and

twenty-two, it shall be the duty of the Director of Health to provide for the
medical inspection of the children in all Government elementary schools at
least once each year.
SEC. 2. The Director of Health shall detail any surgeon or officer of the
Health Service to make such inspection without additional remuneration:
Provided, however, that the travelling expenses and per diems of surgeons
or health officers so detailed shall be paid out of the funds of the Bureau of
Education.
14
ACT NO. 3071

AND CHILDREN IN SHOPS, FACTORIES, INDUSTRIAL,
AGRICULTURAL, AND MERCANTILE ESTABLISHMENTS,
AND OTHER PLACES OF LABOR IN THE PHILIPPINE ISLANDS;
TO PROVIDE PENALTIES FOR VIOLATION HEREOF, AND FOR
OTHER PURPOSES.

SECTION 1. It shall be unlawful for any person, firm or corporation to

employ females or males below the age of fourteen years as laborers in the
mines or in places of labor where explosives are used or manufactured.
SEC. 2. Any person, firm or corporation owning a factory, shop or

industrial or mercantile establishment, shall be obliged to provide and place
in its establishment, for the use of its laborers, seats proper for women and
children and permit them to use said seats during the hours when they are
free of work and during working hours, provided they can perform their
duties in this position without detriment to efficiency. Laborers shall be
allowed not less than sixty minutes for their noon meal.
SEC. 3. No person, firm or corporation shall employ nor permit the

employment of any person below the age of sixteen years for work in its
shops, factories, commercial or industrial establishment or other places of
labor for more than seven hours daily or forty-two hours weekly. It shall be
the duty of every employer to post signs in the most conspicuous places in
each room where minors are working, stating the hours during which these
are authorized to work.
SEC. 4. No person, firm or corporation shall employ nor permit the

employment of any boy or girl below the age of fourteen years in its factory,
shop, commercial or industrial establishment or other place of labor on school
days, unless such child knows how to read and write. Every employer shall
be obliged to have in his establishment a duly certified copy of the birth
15
certificate of each of his laborers below the age of eighteen years while such
laborer is employed by him.
SEC. 5. It shall be unlawful for any person, firm or corporation licensed

to establish a bar to employ or permit the employment in said bar of females
under eighteen or males under sixteen years of age.
SEC. 6. It shall be unlawful for any person, firm or corporation to employ

women in factories, shops and similar places of labor where the nature of
the work requires the employee to work always standing.
SEC. 7. It shall be unlawful for any person, firm or corporation to

employ or permit the employment of persons below the age of sixteen
years in departments or divisions of their factories, shops or other places of
labor where work is being done in connection with the preparation of any
poisonous, noxious, explosive or infectious substance.
SEC. 8. It shall be unlawful for any person, firm or corporation to employ

or permit the employment in his factory, shop, commercial or industrial
establishment, or other place of labor of persons below the age of eighteen
years for performing any work not specified in this Act which involves
serious danger to the life of the laborer.
SEC. 9. An person, firm or corporation owning, leasing or managing

a factory, shop or place of labor of any description shall be obliged to
establish for the use of its laborers separate and suitable closets and separate
lavatories for males and females, and to provide at least one dressing-room
for the women and children: Provided, That the Director of the Bureau of
Labor shall be authorized, in his discretion, to exempt from this provision
small shops which, on account of their small capital, cannot comply with
the provisions of this section.
SEC. 10. No person, firm or corporation shall employ or permit the

employment in its factory, shop or other place of labor of any person below
the age of sixteen years as operator of elevators, doorman or fireman, or to
clean machinery, work underground, or do similar work.
16

employ or cause the employment of persons below the age of sixteen years
in billiard rooms, cockpits or other places where games are being played
with stakes of money or things worth money, and in dance halls, stadiums
or race courses as bailarinas, boxers or jockeys.
SEC. 12. No person, firm or corporation shall employ in its factory,

shop or other place of labor, or permit the employment therein of any person
below the age of sixteen years, to work before six o’clock ante meridian or
after six o’clock post meridian.
SEC. 13. Every person, firm or corporation owning or managing a

factory, shop or place of labor of any description shall be obliged to grant
to any woman employed by it as a laborer who may be pregnant, thirty days
vacation with pay before and another thirty days after confinement: Provided,
That the employer shall not discharge such laborer without just cause, under
the penalty of being required to pay to her wages equivalent to the total of
two months counted from the day of her discharge.

employ or permit the employment of persons below the age of sixteen years
for the sale of medicines and drugs in a pharmacy or for any work that may
affect the health of the public.
SEC. 15. Any person, firm or corporation violating any of the provisions
of this Act shall be punished by a fine of not less than fifty pesos nor more
than two hundred and fifty, or by imprisonment for not less than ten days
nor more than six months, or both, in the discretion of the court.
In the case of firms or corporations, the presidents, directors or managers

thereof or, in their default, the persons acting in their stead, shall be criminally
responsible for each violation of the provisions of this Act.
17
ACT NO. 3094
AN ACT TO CONFER CERTAIN POWERS UPON INSTITUTIONS

FOR THE CARE OF ORPHAN, HOMELESS, NEGLECTED, OR
ABUSED CHILDREN

SECTION 1. Any public institution or any benevolent or charitable

society incorporated under the laws of the Philippine Islands and duly
authorized therefor by the Secretary of the Interior, through the Public
Welfare Commissioner, having for its object the receiving, aiding, caring
for, placing out for adoption and consenting to adoption or improving
the condition of orphan, homeless, neglected, or abused children, whose
teachings are not contrary to the Christian principles of morality, shall have
authority to receive, control, train, educate, aid, care for, dispose of, place
out for adoption and consent to the adoption of any child under eighteen
years of age, when the father and mother or person or persons legally entitled
to act as guardian of such child shall, in writing, surrender it to the charge
and custody of such institution or society, and the person of the child shall
thereafter be in the legal custody of said institution or society for the purposes
herein stated : Provided, That in the case of the death or legal incapacity of
the father, or his abandonment of the child for the period of two years or
more, the mother alone shall have the authority to make such surrender, and
in the case of the death or legal incapacity of the mother, or her abandonment
of the child for said period, the father alone shall have authority to make
such surrender of such a child.
SEC. 2. When any child shall have been surrendered in accordance

with the preceding section and such child shall have been accepted by such
institution or society, the rights of its natural parents, guardian of its person,
if any, or other custodian shall cease, and such institution or society, while
authorized as provided for in section one of this Act, shall be entitled to the
custody and control of such child during its minority, and shall have authority
to care for, educate, train, and place it out temporarily or for adoption in a
18
suitable home and to consent to its adoption under the laws of the Philippine
Islands in such manner as shall best secure its welfare.
SEC. 3. It shall be unlawful for any child so surrendered or committed

without reasonable cause therefor to leave the person, institution, or society,
or for any person to induce or attempt to induce a child to leave such person,
institution, or society who has the care, custody, and control of such child
as provided herein. Any violation of this section shall be punished by
imprisonment for not more than one year, or by a fine not exceeding two
thousand pesos, or both such fine and imprisonment, in the discretion of the
court: Provided however, That any foreigner violating this section may also,
upon recommendation, be subject to deportation: Provided, further, That in
the interpretation of this section, the provisions of section two of this Act
shall be considered.
SEC. 4. When the parents of any minor are dead, or by reason of long
absence or legal or physical disability have abandoned it, or cannot support it
through vagrancy, negligence, or misconduct, or neglect, or refuse to support
it, or unlawfully beat or otherwise habitually maltreat it, or cause or allow
it to engage in common begging, or to commit offenses against the law, the
Court of First Instance of the province in which the parents reside or the child
is found, upon petition filed by some reputable resident of the province, or
by any benevolent or charitable association of any of said provinces, may
issue an order requiring such parents to show cause, or, if the parents are
dead or not found in the province, requiring the fiscal of the province to
show cause, at a time and place fixed in the order, why the child should not
be taken from its parents, if living; and if upon the hearing it appears the
allegations of the petitions are true, and that it is for the best interest of the
child, the court may make an order taking it from its parents, if living, and
committing it to any suitable orphan asylum, children’s home, benevolent
or charitable association, or benevolent society or person, to be ultimately
placed, by adoption or otherwise, in a home found for it by such asylum,
children’s home, benevolent or charitable association, society or person,
subject to the general supervision of the Public Welfare Commissioner and
the rules and regulations prescribed by said officer, with the approval of the
Secretary of the Interior. No bond shall be required in such cases: Provided,
19
That the Secretary of the Interior shall from time to time require a report
on the conditions of children in the care of such institution, whether living
within or outside the same.
20
ACT NO. 3203
AN ACT RELATING TO THE CARE AND CUSTODY OF NEGLECTED

AND DELINQUENT CHILDREN; PROVIDING PROBATION
OFFICERS THEREFOR; IMPOSING PENALTIES FOR
VIOLATIONS OF ITS PROVISIONS AND FOR OTHER
PURPOSES.

SECTION 1. Any public institution, Insular, provincial, or municipal,

including those of chartered cities, established or that may hereafter be
established for the care, custody, correction, education, and training of
orphan, homeless, neglected, abused, defective, and delinquent children,
shall be under the supervision and administration of the Office of the
Public Welfare Commissioner, and the system of instruction to be adopted
therefore shall be conducted as part of the school system under the control
and jurisdiction of the Office of the Public Welfare Commissioner. These
institutions shall be known as industrial schools or by other appropriate
names, but not as reformatories or correctional institutions.
SEC. 2. Any private institution or any benevolent or charitable society

incorporated under the laws of the Philippine Islands and duly authorized
therefore by the Secretary of the Interior, upon recommendation of the Public
Welfare Commissioner, the purposes of which are the same as those of the
institutions mentioned in section one hereof, shall be under the general
inspection and supervision of the Office of the Public Welfare Commissioner
and the rules and regulations adopted by such institutions shall be subject
to the approval of the Secretary of the Interior, upon the recommendation
of the Public Welfare Commissioner.
SEC. 3. Whenever any boy or girl less than eighteen years of age shall
be accused in any court of an offence not punishable by life imprisonment
or death, the court, before passing sentence of conviction, shall suspend all
further proceedings in the case and shall commit such minor to the custody
of any of the institutions mentioned in sections one and two of this Act,
21
until said minor shall have reached his majority or for such less period as
to the court may seem proper, subject to the conditions provided in section
seven hereof, or may allow him to remain and be cared for elsewhere, under
probation and subject to visitation and supervision of a probation officer,
as hereinafter provided, whom the court may require to report from time to
time on the case: Provided, That the court prior to making the commitment
of any minor to any private institution shall take into consideration the
religion of the minor and that of his parents or next of kin, and avoid his
commitment to any private institution not under the control and supervision
of the religious sect or denomination to which such minor or his parents or
next of kin belong.
SEC. 4. The charges, affidavits, testimony or judgments against a minor

committed under this Act shall not be a bar to the exercise of his rights as a
citizen and to his holding public office or employment.
SEC.. 5. Minors at present confined in any Insular, provincial or

municipal jail who were under the age of eighteen years on the date of their
conviction, may be transferred by executive order of the Governor-General
for the period of the unexpired portion of their sentences to any of the
institutions mentioned in the preceding sections of this Act: Provided, That
any prisoner transferred by virtue of this section may, upon recommendation
of the Public Welfare Commissioner, be retransferred by executive order of
the Governor-General to the prison or jail from which he was transferred,
there to be confined for the unexpired portion of his sentence: Provided,
further, That before the transfer of these minor prisoners herein provided,
they shall not be made to remain in the same room or enclosure where adult
convicts are confined. Such minor prisoners shall be provided with a suitable
room for their confinement. All reasonable and actual expenses incurred in
connection with the transfer for the transportation, guarding, and subsistence
of such minor prisoners shall be borne by the province or municipality in
which they were sentenced, if they be a provincial or municipal prisoners,
or by the appropriation for the Office of the Public Welfare Commissioner
if they be Insular prisoners.
SEC. 6. Any institution to which minors are committed in accordance

with this Act shall be entitled to receive such sum as may be fixed by the
22
Public Welfare Commissioner with the approval of the Secretary of the

Interior for the care, maintenance, instruction, and reformation of each minor
so committed. Except as otherwise specially provided, the expense of the
maintenance of minor delinquents shall be borne as follows: in the case of
a municipal or chartered city minor delinquent, by the city or municipality
in which the offense with which the minor is charged was committed; in the
case of a provincial minor delinquent, by the province in which the offense
was committed; and in the case of an Insular minor delinquent, by the Office
of the Public Welfare Commissioner: Provided, That the court may require
the maintenance, in whole or in part, of a minor delinquent committed to
any institution in accordance with this Act, by his relative or those liable
and able to support and educate him.
SEC. 7. Any minor delinquent committed to an institution in accordance

with sections three and five of this Act or allowed to stay elsewhere, may be
paroled by the head of the institution, under such conditions as the latter may
prescribe subject to the approval of the Public Welfare Commissioner, or may
be returned to the court for either sentence or dismissal. The probation period
of the minor allowed to stay at a place other than the institutions mentioned
in sections one and two of this Act shall rest with the probation officer and
at its termination he shall return such minor to the court for either sentence
or dismissal.
SEC. 8. Any minor arrested for an offence not punishable by life

imprisonment or death shall not be kept for a period of more than twenty-
four hours in any jail or room in a police station where adult convicts are
confined. Any violation of this section shall be punishable by a fine of not
more than one hundred pesos.
SEC. 9. The Secretary of the Interior, upon the recommendation of

the Public Welfare Commissioner, is hereby authorized to appoint and fix
the compensation of the technical and administrative personnel, including
probation officers, of the industrial schools mentioned in section one hereof,
until such positions shall have been included in the Appropriation Act.
SEC. 10. A probation officer shall have the following powers and duties:
(a) he shall have the powers of a sheriff and police officer; (b) he shall make
23
or order such investigations as may be required by the court; (c) he shall

be present in court in order to represent the interests of the minor when a
case is heard in which such minor is a party; (d) he shall furnish the court
such information and assistance as the judge may require; (e) he shall take
charge of the minor before and after trail as may be directed by the court;
and (f) he shall bring his charge to the court with or without warrant when
such action is necessary.
SEC. 11. The Public Welfare Commissioner, subject to the approval of

the Secretary of the Interior, shall have the following powers and duties: (a) he
shall have the powers of a police officer, and shall have authority to designate
persons who, because of the nature of their official duties, have to exercise
the same powers; (b) he shall make investigations upon all matters relating
to his official duties; (c) he shall prescribe the authority to be exercised by
the head or superintendent of each industrial school over the other officers
and employees thereof; (d) he shall fix the curricula for all industrial schools
under his jurisdiction; and (e) he shall approve plans for the construction
of industrial school buildings to be built by the municipalities, provinces,
and chartered cities, and fix the amount of land required in each case. The
Public Welfare Commissioner or other person conducting any investigation
authorized by him may administer oaths and take testimony in connection
therewith.
SEC. 12. The boys’ and girls’ reformatories of the City of Manila and
any other public institution already established for minor delinquents, shall
be reorganized in accordance with this Act by administrative order of the
Secretary of the Interior.
SEC. 13. Any unexpended balances from the appropriations of the Office
of the Public Welfare Commissioner for nineteen hundred and twenty-four
and nineteen hundred and twenty-five shall, at the request of the Public
Welfare Commissioner, be made available by the Secretary of the Interior
for the purposes of this Act and shall not be reverted to the general funds in
the Insular Treasury.
SEC. 14. All provisions of this Act and other laws applicable to minors
shall be liberally construed and the judgement of the court and the care,
24
custody, and discipline of the children by the persons in charge of them

shall approximate that which they should receive from their parents and they
shall be treated, not as criminals, but as in need of aid, encouragement, and
guidance.
SEC. 15. All and each of the acts inconsistent herewith are hereby
repealed.
25
ACT NO. 3559
AN ACT TO AMEND SECTION SEVEN OF ACT NUMBERED THIRTY-

TWO HUNDRED AND THREE ENTITLED “AN ACT RELATING
TO THE CARE AND CUSTODY OF NEGLECTED AND
DELINQUENT CHILDREN; PROVIDING PROBATION OFFICERS
THEREFOR; IMPOSING PENALTIES FOR VIOLATIONS OF ITS
PROVISIONS, AND FOR OTHER PURPOSE.”

SECTION 1. Section seven of Act Numbered Thirty-two hundred and

three is hereby amended to read as follows:
“SEC. 7. Any minor delinquent committed to an institution in accordance

with sections three and five of this Act or allowed to stay elsewhere, may be
paroled by the head of the institution, under such conditions as the latter may
prescribe subject to the approval of the Public Welfare Commissioner, or
may be returned to the court for either sentence or dismissal. The probation
period of the minor allowed to stay at a place other than the institutions
mentioned in sections one and two of this Act shall rest with the probation
officer and its termination he shall return such minor to the court for either
sentence or dismissal.
“In all cases where any such minor delinquent is returned to the court
for either sentence or dismissal the court shall render such final judgment of
either sentence or dismissal as in the opinion of the court the records of such
minor during his confinement in the institution to which he was committed
or during his probation period and the recommendation of the Public Welfare
Commissioner shall justify.”
Approved, November 26, 1929
26
ACT NO. 3725
AN ACT PROVIDING FOR APPEAL IN CASES OF ORDERS OF

COMMITMENT OF DELINQUENT MINORS BY AMENDING
SECTION THREE OF ACT NUMBERED THIRTY-TWO
HUNDRED AND THREE, ENTITLED “AN ACT RELATING TO
THE CARE AND CUSTODY OF NEGLECTED AND DELINQUENT
CHILDREN; PROVIDING PROBATION OFFICERS THEREFOR;
IMPOSING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS
AND FOR OTHER PURPOSES.”

SECTION 1. Section three of Act Numbered Thirty-two hundred and

three is hereby amended to read as follows:
“SEC. 3. Whenever any boy or girl less than eighteen years of age shall
be accused in any court of an offense not punishable by life imprisonment
or death, the court, before passing sentence of conviction, shall suspend all
further proceedings in the case and shall commit such minor to the custody
of any of the institutions mentioned in sections one and two of this Act,
until said minor shall have reached his majority or for such less period as
to the court may seem proper, subject to the conditions provided in section
seven hereof, or may allow him to remain and be cared for elsewhere, under
probation and subject to visitation and supervision of a probation officer,
as hereinafter provided, whom the court may require to report from time to
time on the case: Provided, That the court prior to making the commitment
of any minor to any private institution shall take into consideration the
religion of the minor and that of his parents or next of kin, and avoid his
commitment to any private institution not under the control and supervision
of the religious sect or denomination to which such minor or his parents
or next of kin belong: Provided, further, That any such minor may appeal
from the order of commitment issued as in this section provided in the same
manner as appeals are made in all criminal cases in accordance with General
Orders Numbered Fifty-eight, known as the Code of Criminal Procedure,
as amended.”
27
28
ACT NO. 3799
AN ACT GRANTING CERTAIN COMPENSATION TO THE WIFE OR

LEGITIMATE CHILDREN UNDER THE AGE OF TWENTY-ONE
YEARS OF ANY SENATOR OR REPRESENTATIVE WHO DIES
DURING HIS TERM OF OFFICE, AND APPROPRIATING FUNDS
THEREFOR.

SECTION 1. Upon the death of any member of the Senate or House of

Representatives during his term of office, his widow or, in default thereof,
his legitimate children under the age of twenty-one years shall be paid a
compensation equivalent to the total of one year’s salary of such deceased
Senator or Representative, upon presentation of proof of his death.
SEC. 2. The sum of twenty-one thousand pesos is hereby appropriated,

out of any funds in the Insular Treasury not otherwise appropriated, to be
placed at the disposal of the Senate or House of Representatives for the
payment of the compensation herein authorized to the widow or children
of any Senator or Representative who may have died during the Eighth
Legislature. Hereafter, the sums necessary to carry out the purposes of this
Act shall be provided in the annual appropriation acts.
29
ACT NO. 3854
AN ACT CONCERNING THE GUARDIANSHIP OF INCOMPETENT

VETERANS AND OF MINOR CHILDREN OF DISABLED OR
DECEASED VETERANS OF FORMER MEMBERS OF THE
MILITARY AND NAVAL ESTABLISHMENTS OF THE UNITED
STATES

SECTION 1. When used in this Act:
The term “Veterans Administration” shall mean that agency of the

United States Government authorized to administer laws relating to the relief
and other benefits for former members and their dependents of the military
and naval establishments of the United States.
The term “ward” means a beneficiary of the Veterans Administration.
SEC. 2. The judge of a Court of First Instance of each province may

appoint guardians for the persons and estates, or either of them, of wards
who are inhabitants or residents of the province or who reside without
the Philippine Islands and have estates within the province. When the
whole or part of the estate under guardianship is derived from the Veterans
Administration, the Manila Branch of that organization may petition the court
that such an appointment be made, and it is hereby authorized to ask that it
be represented by the Bureau of Justice in all court proceedings involving
such guardianship.
Before the appointment of such a guardian takes effect, the judge must
require of such guardian a bond to the ward in an amount not less than the
sum then due and estimated to be payable by the said Veterans Administration
during the ensuing year.
SEC. 3. When such guardian presents his account to the court for
settlement and allowance, a true and correct copy thereof shall be sent by the
30
clerk of court to the Branch Office of the Veterans Administration in Manila

within such time as shall, in the usual course of mail and travel, enable the
said office to send a representative at the hearing of such account and make
such objections as may be proper.
SEC. 4. Such a guardian shall be allowed a reasonable amount for

his expenses incurred in the execution of his trust, such compensation for
his services as the court in which his accounts are settled, deems just and
reasonable, and also a commission upon all disbursements made by him:
Provided, That such compensation and commission shall not exceed five
per centum of the income of the ward during any year. In the event of
extraordinary and unusual services rendered by such guardian, the court may,
upon petition and after hearing thereon, authorize additional compensation
therefor payable from the estate of the ward. Notice of such petition and
hearing shall be given the Branch Office of the Veterans Administration in
Manila in the manner provided above within such time as shall enable the
said office to send a representative at the hearing to make such objections
as are proper.
SEC. 5. All the provisions of chapter twenty-seven of Act Numbered One

hundred and ninety, in so far as they are not in conflict with the provisions
hereof, shall apply to proceedings under this Act.
SEC. 6. Act Numbered Thirty-five hundred and forty-five is hereby

repealed, but the pending cases under said Act shall be governed by the
provisions of this Act.
31
ACT NO. 4139
AN ACT AUTHORIZING THE RENTING OF TEXTBOOKS TO

INTERMEDIATE AND SECONDARY PUPILS IN THE PUBLIC
SCHOOLS, AND FOR OTHER PURPOSES.

SECTION 1. The Director of Education is hereby authorized to rent

textbooks to intermediate and secondary school pupils such public schools
as in his opinion have the necessary facilities for the safekeeping and
preservation of such textbooks and count with the necessary personnel
to attend to the renting of the same as soon as textbooks are purchased
in accordance with the provisions of section two of this Act. The rate of
rental to be charged for each term which shall not exceed twenty-five per
centum of the value of the books for one year or fifteen per centum for one
semester shall be decided by the Secretary of Public Instruction upon the
recommendation of the Director of Education. The rent shall be payable
in advance before such term or semester: Provided, That pupils desiring
to purchase instead of rent textbooks may allowed to do so: And provided,
further, That if in the opinion of the Director of Education, the funds available
for the purchase of textbooks to be rented in accordance with the provision
of this Act are not enough to acquire textbooks for the intermediate and
secondary pupils, preference shall be given to the purchase of textbooks for
the lower grades.
SEC. 2. The books to be rented shall be purchased by the Bureau of

Education out of the reimbursable funds provided under the authority of
section six hundred and four of the Revised Administrative Code. All income
from the renting or sale of these books shall accrue to that fund.
SEC. 3. When textbooks rented shall become unserviceable through

ordinary wear and tear, they should be condemned by the Insular Auditor
or his authorized representative.
32
SEC. 4. The Secretary of the Public Instruction is hereby empowered

to promulgate rules and regulations governing the operation of the system
of renting textbooks as provided in this Act, including the guaranty to be
given for the return of the textbooks or the value thereof and to cover any
damage not occasioned by ordinary wear and tear.
33
ACT NO. 4209
AN ACT APPROPRIATING FUNDS FOR THE MAINTENANCE AND

OPERATION OF AN INSTITUTION FOR THE CARE OF BABIES
AND CHILDREN BELOW TWO YEARS OF AGE WHO ARE
NEGATIVE LEPERS, TO BE TRANSFERRED FROM CULION TO
WELFAREVILLE, AND FOR OTHER PURPOSES.

SECTION 1. There is hereby appropriated out of any funds in the Insular

Treasury, not otherwise appropriated, the sum of thirty-two thousand pesos
for the maintenance and operation, during the period from September,
nineteen hundred and thirty-five to December nineteen hundred and thirty-
six, of an institution for the care of babies and children below two years of
age, negative of leprosy, to be transferred from Culion to Welfareville. The
amount herein appropriated, figured on a yearly basis, shall be expended as
follows:
SALARIES AND WAGES OF PERSONNEL

(All with subsistence and quarters)
.................................................................................. Per annum

One physician ........................................................... P 2,400.00
One head nurse ........................................................ 960.00
Two nurses at P720 .................................................. 1,440.00
One clerk .................................................................. 480.00
Temporary and emergency employees ..................... 3,696.00
Total .................................................................. 8,976.00
34
MISCELLANEOUS EXPENSES
Consumption of supplies and materials ................... 8,624.00

Illumination and power service ............................... 1,500.00
Postal, telephone and telegraph service .................... 120.00
Other services ........................................................... 4,680.00
Travelling expenses of persons
not Government employees ................................. 100.00
Total ................................................................. 15,024.00

Grand Total ....................................................... 24,000.00
Approved, August 1, 1935
35
COMMONWEALTH ACT NO. 99
AN ACT TO AMEND ARTICLE EIGHTY OF ACT NUMBERED

THIRTY-EIGHT HUNDRED AND FIFTEEN, ENTITLED “AN ACT
REVISING THE PENAL CODE AND OTHER PENAL LAWS,” AS
AMENDED BY ACT NUMBERED FORTY-ONE HUNDRED AND
SEVENTEEN.
Be it enacted by the National Assembly of the Philippines:
SECTION 1. Article eighty of Act Numbered Thirty-eight hundred and

fifteen, as amended, is hereby further amended to read as follows:
“ART. 80. Suspension of sentence of minor delinquents. - Whenever a

minor of either sex, under eighteen years of age at the date of the commission
of a grave or less grave felony, is accused thereof, the court, after hearing
the evidence in the proper proceedings, instead of pronouncing judgement
of conviction, shall suspend all further proceedings and shall commit such
minor to the custody or care of a public or private, benevolent or charitable
institution, established under the law for the care, correction or education of
orphaned, homeless, defective, and delinquent children, or to the custody or
care of any other responsible person in any other place subject to visitation
and supervision by the Director of Public Welfare or any of his agents or
representatives, if there be any, or otherwise by the superintendent of public
schools or his representatives, subject to such conditions as are prescribed
hereinbelow until such minor shall have reached his majority or for such
less period as the court may deem proper.
“The court, in committing said minor as provided above, shall take into
consideration the religion of such minor, his parents or next of kin, in order
to avoid his commitment to any private institution not under the control and
supervision of the religious sect or denomination to which they belong.
“The Director of Public Welfare or his duly authorized representatives

or agents, the superintendent of public schools or his representatives, or the
person to whose custody or care the minor has been committed, shall submit
36
to the court every four months and as often as required in special cases, a
written report on the good or bad conduct of said minor and the moral and
intellectual progress made by him.
“The suspension of the proceedings against a minor may be extended

or shortened by the court on the recommendation of the Director of Public
Welfare or his authorized representatives or agents, or the superintendent of
public schools or his representatives, according as to whether the conduct
of such minor has been good or not and whether he has compiled with the
conditions imposed upon him, or not. The provisions of the first paragraph
of this article shall not, however, be affected by those contained herein.
“If the minor has been committed to the custody or care of any of the
institutions mentioned in the first paragraph of this article, with the approval
of the Director of Public Welfare and subject to such conditions as this official
in accordance with the law may deem proper to impose, such minor may be
allowed to stay elsewhere under the care of a responsible person.
“If the minor has behaved properly and has complied with the conditions
imposed upon him during his confinement, in accordance with the provisions
of this article, he shall be returned to the court in order that the same may
order his final release.
“In case the minor fails to behave properly or to comply with the
regulations of the institution to which he has been committed or with
the condition imposed upon him when he was committed to the care of a
responsible person, or in case he should be found incorrigible or his continued
stay in such institution should be inadvisable, he shall be returned to the
court in order that the same may render the judgment corresponding to the
crime committed by him.
“The expenses for the maintenance of a minor delinquent confined in

the institution to which he has been committed, shall be borne totally or
partially by his parents or relatives or those persons liable to support him,
if they are able to do so, in the discretion of the court: Provided, That in
case his parents or relatives or those persons liable to support him have not
37
been ordered to pay said expenses or are found indigent and cannot pay said
expenses, the municipality in which the offense was committed shall pay
one-third of said expenses; the province to which the municipality belongs
shall pay one-third; and the remaining one-third shall be borne by the National
Government: Provided, however, That whenever the Secretary of Finance
certifies that a municipality is not able to pay its share in the expenses above
mentioned, such share which is not paid by said municipality shall be borne
by the National Government. Chartered cities shall pay two-thirds of said
expenses; and in case a chartered city cannot pay said expenses, the internal
revenue allotments which may be due to said city shall be withheld and
applied in settlement of said indebtedness in accordance with section five
hundred and eighty-eight of the Administrative Code.”
SEC. 2. To carry out the purposes of this Act, the amount of fifty thousand
pesos is hereby annually appropriated out of any funds in the Philippine
Treasury not otherwise appropriated.
SEC. 3. This Act shall take effect on January first, nineteen hundred
and thirty-seven.
Approved, October 27, 1936
38
AN ACT PROVIDING FOR THE SUPPORT OF PRIMARY AND

INTERMEDIATE EDUCATION AND OTHER PURPOSES.
SECTION 1. Public primary education (Grade one to Grade Four,

inclusive) shall be supported by the National Government: Provided, That the
City of Manila shall continue to appropriate for school purposes, including
the construction of primary buildings not less than the average amount
appropriated for school for the last three years: And provided, further, That
sites for primary schools shall be acquired by the municipal, municipal
district or city governments through purchase or donation.
SEC. 2. Instruction in the intermediate grades shall be supported by the

chartered cities, municipalities and municipal districts with funds derived
from the real estate tax, from the internal revenue allotment, and from other
sources of revenue that now or may hereafter accrue to the regular municipal
school fund: Provided, That, upon certification of the Secretary of Finance
that a municipal district is unable to support its intermediate schools and an
appropriation is available for the purpose, the President may authorize the
granting to such municipal district of the necessary aid from the National
Treasury.
SEC. 3. To provide additional funds either for the improvement or the

extension of intermediate instruction, the chartered cities, municipalities,
and municipal districts are hereby empowered to levy a school tax of not
more than two pesos per capita on all inhabitants of both sexes from the age
of eighteen to sixty, inclusive.
SEC. 4. This Act shall take effect at the beginning of the school year
nineteen hundred and thirty-nine – nineteen hundred and forty: Provided,
That in case of inability of any chartered city, municipality, or municipal
district, due to justifiable cause, to provide the full amount required for the
support of its intermediate schools or classes, the National Government may
39
continue to grant the necessary financial aid but only up to end of the school
year 1939-1940.
40
AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE

CITIZENSHIP BY NATURALIZATION, AND TO REPEAL ACTS
NUMBERED TWENTY-NINE HUNDRED AND TWENTY-SEVEN
AND THIRTY-FOUR HUNDRED AND FORTY-EIGHT.
XXX
XXX
XXX
SEC. 6. Widow and minor children of aliens dying after declaration of

intention not required to file declaration of intention. – When any alien who
has declared his intention to become a citizen of the Philippines dies before
he is actually naturalized the widow and minor children of such alien may,
by complying with the other provisions of this Act, be naturalized without
making any declaration of intention.
SEC. 15. Effect of the naturalization on wife and children. – Any woman
who is now or may hereafter be married to a citizen of the Philippines, and
who might herself be lawfully naturalized shall be deemed a citizen of the
Philippines.
Minor children of persons naturalized under this law who have been
born in the Philippines shall be considered citizens thereof.
A foreign-born minor child, if dwelling in the Philippines at the time

of the naturalization of the parent, shall automatically become a Philippine
citizen, and a foreign-born minor child, who is not in the Philippines at the
time the parent is naturalized, shall be deemed a Philippine citizen only during
his minority, unless he begins to reside permanently in the Philippines when
41
still a minor, in which case, he will continue to be a Philippine citizen even

after becoming of age.
A child born outside of the Philippines after the naturalization of his

parent, shall be considered a Philippine citizen, unless within one year after
reaching the age of majority, he fails to register himself as a Philippine citizen
at the American Consulate of the country where he resides, and to take the
necessary oath of allegiance.
SEC. 16. Right of widow and children of petitioners who have died. –
In case a petitioner should die before the final decision has been rendered,
his widow and minor children may continue the proceedings. The decision
rendered in the case shall, so far as the widow and minor children are
concerned, produce the same legal effect as if it had been rendered during
the life of the petitioner.
XXX
XXX
XXX
SEC. 22. Repealing clause. – Act Numbered Twenty-nine hundred

and twenty-seven as amended by Act Numbered Thirty-four hundred and
forty-eight, entitled “The Naturalization Law” is repealed: Provided, That
nothing in this Act shall be construed to affect any prosecution, suit, action,
or proceedings brought; or any act, thing, or matter, civil or criminal, done or
existing before the taking effect of this Act, but as to all such prosecutions,
suits, actions, proceedings, acts, things, or matters, the laws, or parts of laws
repealed or amended by this Act are continued in force and effect.
SEC. 23. Date when this Act shall take effect. – This Act shall take effect
on its approval.
Approved, June 17, 1939
42
AN ACT TO CREATE A CORPORATION TO BE KNOWN AS THE GIRL

SCOUTS OF THE PHILIPPINES AND TO DEFINE ITS POWERS
AND PURPOSES.
SECTION 1. Concepcion R. Gonzales. Trinidad F. Legarda, Emilia

Q. Lim, Concepcion M. Gil, Marina Y. Vargas, Pilar Hidalgo Lim, Josefa
Llanes Escoda, Helena Z. Benitez, Maria Aurora Quezon, Lulu Reyes,
Lily de las Alas, Leni Alano, Erlinda Kalaw, Betty Magalona, Lourdes
Ledesma, Minerva G. Loudico, all of Manila, Philippines, their associates
and successors, are created a body corporate, under the control, direction,
and supervision of the Commissioner on Health and Public Welfare, by the
name, style, and title of “Girl Scouts of the Philippines” (hereinafter called
the corporation). The principal office of the corporation shall be in the City
of Manila, Philippines.
SEC. 2. The said corporation shall have perpetual succession, with

power to sue and be sued; to hold such real and personal estate as shall be
necessary for corporate purposes, and to receive real and personal property
by gift, device, or bequest; to adopt a seal; to have offices and conduct its
business and affairs in the City of Manila and in the several provinces, cities,
municipalities, and barrios of the Philippines; to make and adopt by-laws,
which shall be submitted to the approval of the Commissioner on Health and
Public Welfare, and generally to do all such acts and things (including the
establishment of regulations for the election of associates and successors) as
may be necessary to carry into effect the provisions of this Act and promote
the purposes of said corporation.
SEC. 3. The purposes of this organization is to help girls from seven to

eighteen years of age to realize the ideals of womanhood, as a preparation
for their responsibilities in the home and service to the community and in the
realization of this purpose the corporation shall be directing and coordinating
43
head of the Girl Scout Movement in the Philippines, and shall fix and maintain
standards for the movement which will inspire the rising generation with
the highest ideals of citizenship, character, conduct, and attainment.
SEC. 4. The Girl Scout Corporation is non-sectarian and non-political

but its units shall willingly cooperate with educational and other groups
whose ideals and procedure are in accord with those conferred or authorized
by this Act.
SEC. 5. The governing body of the said corporation shall consist of

an executive board composed of residents of the Philippines. The number,
qualifications, and terms of office of members of the executive board shall
be prescribed by the by-laws. The persons mentioned in section one of
this Act shall constitute the first executive board and shall serve until their
successors are elected and have qualified. Vacancies in the executive board
shall be filled by a majority vote of the remaining members thereof. The
by-laws may prescribe the number of members of the executive board
necessary to constitute a quorum of the board, which number may be less
than a majority of the whole number of the board. The executive board shall
have power to make and to amend the by-laws, and by a two-thirds vote of
the whole board at a meeting called for this purpose, may authorize and cause
to be executed mortgages and liens upon the property of the corporation.
The executive board may, by resolution passed by a majority of the whole
board, designate three or more of their number to constitute an executive or
governing committee, of which a majority shall constitute a quorum, which
committee, to the extent provided in said resolution or in the by-laws of the
corporation, shall have and exercise the powers of the executive board in the
management of the business affairs of the corporation, and may have power
to the affirmative vote of a majority of the whole board, may appoint any
other standing committees, and such standing committees shall have and
may exercise such powers as shall be conferred or authorized by the by-laws.
With the consent in writing and pursuant to an affirmative vote of a majority
of the members of said corporation, the executive board shall have authority
to dispose in any manner of the whole property of the corporation.
44
SEC. 6. An annual meeting of the incorporators and their associates

shall be held once in every year after the year of incorporation, at such time
and place as shall be prescribed in the by-laws, for the purpose of making
reports and transacting such other business as may come before the meeting.
Special meetings of the corporation may be called upon such notice as maybe
prescribed in the by-laws. The number of members which shall constitute a
quorum at any annual or special meeting shall be prescribed in the by-laws.
The members and executive board shall have power to hold their meetings
and keep the seals, books, documents, and papers of the corporation within
or without the City of Manila.
SEC. 7. The corporation created by this Act shall adopt distinctive

badges, uniforms, and insignia and shall be made available to and used
only by registered Girl Scouts or officials who have satisfactorily complied
with the international requirements prescribed by the World Bureau of this
movement and which the Girl Scouts of the Philippines shall use in carrying
out its program in accordance with purposes of this Act.
SEC. 8. Any donation or contribution which from time to time may

be made to the Girl Scouts of the Philippines by the Government or any
of its subdivisions, branches, offices, agencies or instrumentalities shall be
expended by the executive board in pursuance of this Act.
SEC. 9. On or before the first day of April of each year, the said
corporation shall make and transmit to the President of the Philippines a
report of its proceedings for the year ending December thirty-first preceding,
including a full, complete, and itemized report of receipts and expenditures
of whatever kind.
SEC. 10. From and after the passage of this Act, it shall be unlawful for
any person within the jurisdiction o the Philippines to falsely and fraudulently
call himself out as, of represent himself to be, a member of, or an agent for,
the Girl Scouts of the Philippines; and any person who violates any of the
provisions of this Act shall be punished by imprisonment of not to exceed six
45
months or a fine not exceeding five hundred pesos, or both, in the discretion
of the court.
SEC. 11. This Act shall take effect upon its approval.
Approved, May 26, 1940.
46
AN ACT APPROPRIATING THE SUM OF FIVE HUNDRED THOUSAND

PESOS FOR THE RESUMPTION OF THE ACTIVITIES AND
FUNCTIONS RELATIVE TO THE PROTECTION OF EARLY
INFANCY, MATERNITY, AND CHILD HEALTH.
Be it enacted by the Senate and House of Representatives in Congress

assembled:
SECTION 1. In order to insure and afford adequate facilities for the

resumption and continuation of the protection of early infancy and the
promotion of the general work of the Government related to maternity and
child health, there is appropriated, out of any funds in the National Treasury
not otherwise appropriated, the sum of five hundred thousand pesos to be
expended at the discretion of the Secretary of Health and Public Welfare:
Provided, That the funds herein appropriated shall not be affected by any
priority appropriation established by law.
SEC. 2. It shall be the duty of the Secretary of Health and Public Welfare,
through the Bureau of Health, to reorganize as soon as practicable, the
puericulture centers and maternity houses existing on or before the approval
of this Act, and establish new ones in the different municipalities, municipal
districts and chartered cities where such institutions are urgently needed. The
Director of Health or his duly authorized representatives shall have control
and supervision over the puericulture centers.
SEC. 3. Said institutions shall be maintained by the National Government

and by the chartered city or municipality or municipal district in which
established. The share of the National Government and of the cities,
municipalities and other entities shall be in the following proportion: sixty
per centum shall be paid out of the National fund and forty per centum by the
local entity concerned. Said amount shall be deposited with, and certified to,
by the treasurer of the city or municipality or municipal district concerned,
who shall act as treasurer ex-officio of the puericulture center or maternity
house therein.
47
48
AN ACT TO ESTABLISH MUNICIPAL MATERNITY AND CHARITY

CLINICS.
Be it enacted by the Senate and House of Representatives in Congress

assembled:
SECTION 1. Subject to the provisions of this Act, the Director of Health

shall establish municipal maternity and charity clinics in municipalities and
municipal districts having a population of not more than eight thousand
inhabitants: Provided, That said municipalities and municipal districts have
no puericulture centers or other health organizations established.
SEC. 2. To take charge of a municipal maternity and charity clinic

established under this Act the Director of Health shall appoint a duly licensed
physician; a registered nurse should there be no physician available; or a
registered midwife, should no physician, or registered nurse be available:
Provided, however, that such appointee shall reside in the municipality or
municipal district for which he is appointed and that he shall serve subject to
the rules and regulations that may be promulgated by the Director of Health
with the approval of the Department Head.
SEC. 3. The municipal maternity and charity clinic shall attend to all
obstetrical cases in the municipality and shall render free service to indigent
patients certified as such by the municipal treasurer.
SEC. 4. A physician appointed to take charge of a municipal maternity

and charity clinic shall be given a basic compensation of one hundred pesos
a month provided said physician attends to at least fifty patients during the
month, fifty percent of whom shall be mothers and babies under one year of
age; in addition, said physician shall be granted an additional compensation
of twenty-five pesos per every child birth personally attended by him or her,
said rate of additional compensation not to exceed fifty pesos or a total of
one hundred fifty pesos a month including the basic compensation.
49
A registered nurse shall have a basic compensation of sixty pesos a

month provided she attends to at least forty patients during the month; in
addition the nurse shall be given an additional compensation of fifteen pesos
for every childbirth attended by her which additional pay shall not exceed
a total of forty pesos during the month or a total monthly compensation
including the basic salary, of one hundred pesos.
A registered midwife shall have a basic compensation of thirty

pesos a month provided she attends to thirty patients during the month; in
addition, she shall be granted an additional compensation of ten pesos for
every childbirth attended by her during the month which additional pay
shall not exceed forty pesos or a total of seventy pesos including her basic
compensation.
SEC. 5. In Mindanao and Sulu and the Provinces of Palawan, Mindoro,

Samar, Batanes, and the Mountain Province, the basic pay and the additional
compensation provided in section four of this Act shall be doubled.
SEC. 6. The sum of seven hundred thousand pesos is hereby appropriated

from the funds of the National Treasury not otherwise appropriated to cover
the expenses for salaries, supplies, equipment, traveling expenses and other
sundry expenses that may be needed to carry out the provisions of this Act
and shall not be affected by any priority appropriation established by law.
50
REPUBLIC OF THE PHILIPPINES

BATASANG PAMBANSA PB No. 485
Third Regular Session
BATAS PAMBANSA BLG. 92
AN ACT MODIFYING THE DEFINITION OF THE CRIMEOF

CORRUPTION OF MINORS AND INCREASING THE PENALTY
THEREFOR, AMENDING FOR THE PURPOSE ARTICLE THREE
HUNDRED FORTY OF THE REVISED PENAL CODE.
Be it enacted by the Batasang Pambansa in session assembled:
SECTION 1. Article three hundred forty of the Revised Penal Code is

hereby amended to read as follows:
“ART. 340. Corruption of Minors. – Any person who shall promote

or facilitate the prostitution or corruption of persons underage to satisfy
the lust of another, shall be punished by prison mayor, and if the culprit
is a public officer or employee, including those in government owned or
controlled corporations, he shall also suffer the penalty of temporary absolute
disqualification.’’
51
REPUBLIC OF THE PHILIPPINES

BATASANG PAMBANSA
Fifth Regular Session
BATAS PAMBANSA BLG. 232
ANACT PROVIDING FOR THE ESTABLISHMENTAND MAINTENANCE

OF AN INTERGRATED SYSTEM FOR EDUCATION
Be it enacted by the Batasang Pambansa in session assembled:
xxx
xxx
Chapter 2
RIGHTS
SEC. 9. Rights of Students in School. – In addition to other rights, and

subject to the limitations prescribed by the laws and regulations, students
and pupils in all schools shall enjoy the following rights:
1. The right to receive, primarily through competent instruction,

relevant quality education in line with national goals and conducive
to their full development as persons with human dignity.
2. The right to freely choose their field of study subject to existing

curricula and to continue their course therein up to graduation,
except in cases of academic deficiency, or violation of disciplinary
regulations.
3. The right to school guidance and counselling services for making

decisions and selecting the alternatives in fields of work suited to
his potentialities.
52
4. The right of access to his own school records, the confidentiality of

which the school shall maintain and preserve.
5. The right to issuance of official certificates, diplomas, transcript of

records, grades, transfer credentials and other similar documents
within thirty days from request.
6. The rights to publish a student newspapers and similar publications,

as well as the right to invite resource persons during assemblies,
symposia and other activities of similar nature.
7. The right to free expression of opinions and suggestions, and to

effective channels of communication with appropriate academic
and administrative bodies of the school or institution.
8. The right to form, establish, join and participate in organizations

and societies recognized by the school to foster their intellectual,
cultural, spiritual and physical growth and development, or to form,
establish, join and maintain organizations and societies for purposes
not contrary to law.
9. The right to be free from involuntary contributions, except those

approved by their own organizations or societies.
xxx
xxx
Chapter 2
ADMINISTRATIVE PROVISIONS
SEC. 71. Separability Provision. – Any part or provision of this

Act which may be held invalid or unconstitutional shall not affect its
remaining parts or provisions.
53
SEC. 72. Repealing Clause. – All laws or parts thereof inconsistent

with any provision of this Act shall be deemed repealed or modified, as
the case, may be.
SEC. 73. Effectivity. – This Act shall take effect upon its approval.
Approved, September 11, 1982
54
H.B. No. 353
First Congress
of the
First Session
Begun and held at the City of Manila on Saturday, the twenty-fifth day of May,
nineteen hundred and forty-six
——■——
[REPUBLIC ACT NO. 19]
AN ACT APPROPRIATING THE SUM OF ONE HUNDRED THOUSAND

PESOS FOR THE IMPROVEMENT OF THE MATERNITY AND
CHILDREN’S HOSPITAL IN THE CITY OF MANILA

in Congress assembled:
SECTION 1. Out of any funds in the National Treasury not otherwise

appropriated there is hereby appropriated the sum of one hundred thousand
pesos or so much thereof as may be necessary to be expended by the Director
of the Bureau of Health upon approval by the Secretary of Health and Public
Welfare for the construction of a dormitory building and additional wards
for the Maternity and Children’s Hospital in the City of Manila, as well as
for the purchase of hospital, medical and other necessary equipment and
supplies for the said hospital.
SEC. 2. Any sum or sums of the appropriation hereinabove mentioned

remaining unexpended on the thirtieth day of June, nineteen hundred and
forty-eight shall revert to the general funds of the National Treasury and
55
shall not thereafter be available for expenditure except in pursuance of

appropriation made by law.
Approved.
______________________________
President of the Senate
______________________________
Speaker of the House of
Representatives
Finally passed by the Senate on September 16, 1946.
FELIX L. LAZO
Secretary of the Senate
56
This Act, which originated in the House of Representatives, was finally

passed by the same on September 2, 1946.
______________________________
Secretary of the House of
Representatives
Approved: September 25, 1946
MANUEL ROXAS
President of the Philippines
57
H. No. 359
First Congress
of the
First Session
Begun and held at the City of Manila on Saturday, the twenty-fifth day of May,
nineteen hundred and forty-six
——■——
AN ACT AUTHORIZING THE PAYMENT, UNDER CERTAIN

CONDITIONS, OF A GRATUITY TO THE WIDOW AND/OR
CHILDREN, AND IN THEIR ABSENCE TO THE OTHER HEIRS,
OF A DECEASED OFFICER OR MEMBER OF ANY POLICE
FORCE OR SIMILAR GOVERMENTAL O R G A N I Z A T I O N
ENGAGED IN THE MAINTENANCE OF PEACE AND ORDER,
APPROPRIATING FUNDS THEREFOR.

SECTION 1. In addition to any right or benefit which, by operation

of law, accrues to the widow and/or children of a deceased officer or
member of any police force or similar governmental organization, whether
national, provincial, city or municipal, engaged in the maintenance of peace
and order, there is authorized to be paid to such widow and/or children a
gratuity equivalent to one year salary, but in no case less than the sum of one
thousand pesos, if the deceased officer or member of the force shall have
been killed while engaged in the performance of his duties in connection
58
with the campaign for the maintenance of peace and order, or as a direct
consequence of his participation therein. If such deceased has no surviving
widow or children, such gratuity shall be paid to his other heirs in the order
of succession established by the Civil Code.
SEC. 2. The President of the Philippines shall issue such rules and
regulations as may be necessary to carry out the provisions of the Act.
SEC. 3. The sum of five hundred thousand pesos, or so much thereof as

may be necessary, is appropriated out of any funds in the National Treasury
not otherwise appropriated, to carry out the provisions of this Act for the
current fiscal year. Thereafter, a like amount shall be included in the annual
General Appropriation Act to meet the payment of the gratuities herein
authorized for the succeeding years.
SEC. 4. This Act shall take effect as of January first, nineteen hundred
and forty-six.
Approved,
______________________________
______________________________
Representatives
Finally passed by the Senate on September 9, 1946.
FELIX L. LAZO
59

passed by the same on August 9, 1946.
N. PIMENTEL
Representatives
MANUEL ROXAS
60
S. No. 230
First Congress
of the
Second Session
Begun and held at the City of Manila on Monday, the twenty-seventh day of
January, nineteen hundred and forty-seven
——■——

CHILDREN ENROLLED IN PRIVATE SCHOOLS, COLLEGES
AND UNIVERSITIES IN THE PHILIPPINES.

SECTION 1. Effective July first, nineteen hundred and forty-seven,

it shall be the duty of the principal, director and/or president of a private
school, college or university, with a total enrollment of three hundred or more
to provide part or full time physician for the yearly medical inspection of
the pupils and students enrolled therein, who shall render reports at the end
of every quarter, to wit: end of September, December, March and June of
each school year, of their school health activities to the Director of Health.
Said physician shall be placed under the direct supervision of the Bureau of
Health.
SEC. 2. It shall be incumbent on the Bureau of Health to formulate a

school health medical inspection program to be observed by private schools,
colleges and universities in the Philippines.
61
SEC. 3. Any principal, director or president of a private school, college

or university who fails to comply with this or part of this Act, shall upon
conviction, pay a fine of not more than five hundred pesos.
SEC. 4. Any act or part thereof in conflict with the provisions of this
Act is hereby repealed.
Approved,
______________________________
______________________________
Representatives
This Act, which originated in the Senate, was finally passed by the
same on May 22, 1947.
ANTONIO ZACARIAS
62
Finally passed by the House of Representatives on May 22, 1947.
______________________________
Representatives
Approved: June 14, 1947
MANUEL ROXAS
63
H. No. 1126
Second Congress
of the
Third Session
Begun and held in the City of Manila on Monday, the twenty-eight day of
January, nineteen hundred and fifty-two
——■——
AN ACT TO REGULATE THE EMPLOYMENT OF WOMEN AND

CHILDREN, TO PROVIDE PENALTIES FOR VIOLATION

SECTION 1. Employment of children below fourteen years of age. – (a)

Children below fourteen years of age may only be employed to perform light
work —
(1) which is not harmful to their health or normal development, and
(2) which is not such as to prejudice their attendance in school or to

benefit from the instruction there given.
(b) No child below fourteen years of age shall be employed or permitted

or suffered to work on school days in any shop, factory, commercial,
industrial, or agricultural establishment or any other place of labor unless
64
such child knows how to read and write shall be evidenced by an educational
certificate issued by the principal of the public or private elementary school
in the locality where such child resides; but in case the child cannot produce
said certificate, the managing employer of the establishment concerned shall
conduct an intelligence test to determine whether the child can read and
write.
(c) This section shall not apply —
(1) to domestic work in the family;
(2) to employment in establishment in which only members of the

employer’s family are employed, except employment which is harmful,
prejudicial or dangerous under other provisions of this Act;
(3) to work done in vocational, technical, or professional schools, which

is essentially of an educative character and is not intended for commercial
profit, provided such schools are duly authorized under the law; or
(4) to employment as gymnast, acrobat, circus or show performer, or

in any dancing, theatrical or musical exhibition.
SEC. 2. Employment of children below sixteen years of age.–(a) No

child under sixteen years of age shall be employed or permitted or suffered
to work –
(1) in any industrial undertaking or in any branch or division thereof,

including –
(aa) mines, quarries, and other works for the extraction of minerals
from the earth;
(bb) undertaking in which articles are manufactured, transformed,

altered, cleaned, repaired, ornamented, finished, adapted for sale, or broken
up or demolished;
(cc) undertakings engaged in shipbuilding or in the generation,

transformation or transmission of electricity or motive power of any kind;
65
(dd) undertakings engaged in building and civil engineering, works,

including constructional, repair, maintenance, alteration and demolition
work; and
(ee) undertakings engaged in the transport of passengers or goods by

road or rail, or in the handling of goods at docks, quays, wharves, warehouses,
or airports.
(2) in any shop, factory, industrial establishment or other place of

labor—
(aa) as operator of elevators, motorman, or fireman;
(bb) to operate or assist in operating or to clean machinery;
(cc) to work underground or with the use of ramps or scaffoldings;

or
(dd) to do any work similar to any of the foregoing.
(3) in billiard rooms, cockpits, other place where games are played
with stakes of money or things worth money, or in a bar, night club, dance
hall, stadium, or race track, as waiter, boxer or jockey.
SEC. 3. Employment of children below eighteen years of age. –(a)

No woman below eighteen years of age shall be employed or permitted or
suffered to work in any bar, night club, or dance hall.
(b) No child below 18 years of age shall be employed or permitted or

suffered to work in any pharmacy for the preparation of drugs.
(c) No person below eighteen years of age shall be employed or

permitted or suffered to work in any shop, factory, industrial or commercial
establishment or other place of labor—
(1) where the work is done in connection with the preparation or

involves contamination with any noxious, poisonous, infectious or explosive
substances; or
66
(2) where the work, not otherwise specified in this Act, involves serious
danger to the life or health of the employee, as the Secretary of Labor
may determine after consultation with representatives of employers and
employees or organizations thereof.
For the purposes of paragraph (2) of subsection (c) of this section,

the Secretary of Labor shall from time to time issue orders specifying the
occupations which he determines would involve serious danger to the life
or health of the employees and shall cause such orders to be published in
the newspapers of general circulation or by such other means as he deems
reasonably calculated to give to interested persons general notice of such
issuance. Any such order shall take effect thirty days after entry thereof.
SEC. 4. Medical examination of children for fitness for employment.

—(a) No person below eighteen years of age shall be admitted to employment
in any shop, factory, commercial, industrial or agricultural establishment
or other place of labor unless he shall have been found fit for the work on
which he is to be employed by a thorough medical examination conducted
without cost to such person by a qualified Government physician or by any
other qualified physician approved by the Secretary of Labor. The fitness for
employment shall be evidenced by a certificate of the examining physician,
which may be issued—
(1) subject to specified conditions of employment; or
(2) for a specified employment or group of employments involving

similar risks.
(b) It shall be the duty of every employer of a person under eighteen

years of age to have such person medically examined at least every six
months or oftener, as the Secretary of Labor may require in exceptional cases
involving high health risks, to determine the continued fitness of such person
for employment. Such examination shall be without cost to the employee.
(c) The Secretary of Labor shall have the power, in case of occupations
involving high health risks, to require medical examination and re-
examination for fitness for employment until the age of twenty-one years.
67
(d) The Secretary of Labor shall refer to the appropriate authorities

for vocational guidance and physical and vocational rehabilitation the cases
of children found by medical examination to require such service.
SEC. 5. Hours of work of children; night work. — (a) No child below

sixteen years of age shall be employed or permitted or suffered to work in
any shop, factory, commercial or industrial establishment or other place of
labor—
(1) for more than seven hours daily or forty-two hours weekly; and
(2) between six o’clock in the afternoon and six o’clock in the morning
of the following day.
(b) No child who has attained the age of sixteen years but is below
the age of eighteen years shall be employed or permitted or suffered to
work in any shop, factory, commercial or industrial establishment or other
place of work between ten o’clock at night and six o’clock in the morning
of the following day. Children employed at night under the provisions of
this subsection shall be granted a rest period of at least thirteen consecutive
hours between two working periods.
SEC. 6. Written consent of parent. – Other provisions of this Act

notwithstanding, no person below eighteen years shall be employed,
permitted or suffered to work in any shop, factory, commercial or industrial
establishment, or other place of work or employment without written consent
of his parent, guardian or person having custody over him.
SEC. 7. Employment of women. — (a) No woman shall be employed

in any shop, factory, commercial or industrial establishment or other place
of labor—
(1) to perform work which requires the employee to work always

standing or which involves the lifting of heavy objects; or
(2) to work between ten o’clock at night and six o’clock in the morning
of the following day.
68
An employer may be exempted from the requirement of paragraph (2)

of subsection (a) of this section—
(1) in case of force majeure causing an interruption in the work which

was not foreseen and which is not of a recurring character; or
(2) by the Secretary of Labor, if he finds, after proper investigation,

that the work has to do with raw materials or materials in the course of
treatment which are subject to rapid deterioration and night work is necessary
to preserve such materials from loss.
(b) In any shop, factory, commercial, industrial, or agricultural

establishment or other place of labor where men and women are employed,
the employer shall not discriminate against any woman in respect to
terms and conditions of employment on account of her sex, and shall pay
equal remuneration for work of equal value for both men and women
employees.
SEC. 8. Maternity protection. – (a) In any shop, factory, commercial,

industrial or agricultural establishment or other place of labor, the employer
shall grant to any woman employed by him who may be pregnant vacation
with pay for six weeks prior to the expected date of delivery and for another
eight weeks after normal delivery of miscarriage at the rate of not less than
sixty per cent of her regular or average weekly wages. The employer shall
have the right to require any woman applying for vacation leave with pay
under this section to produce a medical certificate stating that delivery will
probably take place within six weeks. The vacation shall be extended without
pay on account of illness medically certified to arise out of the pregnancy
or delivery or miscarriage rendering the woman unfit for work. Prolonged
absence on account of illness incident to pregnancy or delivery or miscarriage
shall not be a valid ground for discharge.
(b) It shall be the duty of every employer having at least fifteen

married women in his employ to establish an adequate nursery near the place
of work where they may leave their children, said nursery to be under the
supervision of either a registered nurse or a qualified midwife.
69
SEC. 9. Facilities for women and children.—(a) It shall be the duty

of every employer—
(1) to provide seats proper for women and children and permit them
to use such seats when they are free from work and during working hours,
provided they can perform their duties in this position without detriment to
efficiency; and
(2) to establish separate and suitable toilet rooms and lavatories for men
and women and provide at least a dressing room for women and children.
The Secretary of Labor may exempt from the requirement of paragraph

(2) of this subsection small shops which, on account of their small capital,
cannot comply therewith.
(b) It shall be the duty of every employer to allow his employees not
less than sixty minutes for their noon meals.
SEC. 10. Special work permits; rules and regulations.– (a) The
Secretary of Labor or his duly representative shall have the power to grant
a special permit for the employment of any child whose employment is
otherwise prohibited in this Act, whenever in his judgment the economic
necessity of the family to which such child belongs requires his assistance
for increasing the family income. Such permit shall be issued under such
condition as will not prejudice the compulsory school attendance of any child
under the rules and regulations prescribed by the Secretary of Education
under section 1 of this Act and as may be necessary for the protection of
such child.
(b) The Secretary of Labor shall have the power, after consultation
with representatives of employers and employees or organizations thereof,
to make amend, or rescind such rules and regulations as may be necessary
to carry out the purposes of this Act. Such rules and regulations, without
limiting the generality of the foregoing may define terms used in this Act and
may include terms and condition to prevent the circumvention or evasion
of the provisions of this Act. Such rules and regulations shall take effect
70
thirty days after publication in newspaper of general circulation and by such

other means as the Secretary of Labor deems reasonably calculated to give
the public general notice of its issuance.
SEC. 11. Enforcement of Act.— (a) The Director of Labor shall

enforce this Act and the rules and regulations promulgated by the Secretary
of Labor hereunder.
(b) Every employer employing women and children shall keep a

printed abstract of this Act conspicuously posted in or about the premises
wherein they are employed. Every employer shall keep a list of the women
and children employed by him and shall furnish the Director of Labor with
copy of such list and shall also keep on file the birth certificates, educational
certificates, medical certificates, and special work permits pertaining to such
children.
(c) The Director of Labor or his authorized representative shall have

the power to enter any place of employment, during office hours where
women and children are employed, to require the production of such list,
birth certificates, educational certificates, medical certificates, special work
permits and other pertinent books and records, to question any employee
therein and make such investigation of any fact, matter or condition as may
be necessary to apprehend violations of this Act or as will aid in the proper
enforcement of this Act.
SEC. 12. Violations and penalties.– (a) It shall be unlawful for any
employer to discharge any women employed by him who may be pregnant
for the purpose of preventing such woman from enjoying the benefits of
section 7 of this Act or to discharge such woman while on leave on account
of her pregnancy or confinement.
(b) It shall be unlawful for any employer to discharge any woman

or child employed by him for having filed a complaint under this Act or
to discharge such woman and child or any other employee who has given
testimony or is about to give testimony under this Act.
71
(c) Any violation of any provision of this Act shall be punished by a

fine of not less than one hundred pesos nor more than five thousand pesos,
or by imprisonment for not less than thirty days nor more than one year, or
by both such fine and imprisonment, in the discretion of the court.
If the violation is committed by a firm, association or corporation, the

manager or in his default, the person acting as such, shall be liable.
SEC. 13. Separability. – If any provision of this Act or the application

thereof to any person or circumstance shall be held invalid, the remainder of
the Act or the application of such provision to person or circumstances other
than those as to which it is held invalid, shall not be affected thereby.
SEC. 14. Repeal of prior inconsistent laws.—— Act Numbered Thirty

hundred and seventy-one, entitled “An Act to regulate employment of women
and children in shops, factories, industrial, agricultural, and mercantile
establishments, and other places of labor in the Philippine Islands; to provide
penalties for violations hereof, and for other purposes,” and such other acts
as are inconsistent herewith are hereby repealed.
SEC. 15. Effectivity. – This Act shall take effect on its approval.
Approved,
______________________________
______________________________
Acting Speaker of the House of
Representatives
Finally passed by the Senate on March 6, 1952.
TORIBIO P. PEREZ
72
This Act, which originated in the House of Representatives was finally

passed by the same on May 15, 1950.
______________________________
Representatives
Approved: April 15, 1952
______________________________
73
S. No. 268
Second Congress
of the
Third Session
Begun and held in the City of Manila on Monday, the twenty-eight of January,
nineteen hundred and fifty-two
——■——
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE NATIONAL

INDIGENT CHILDREN’S HOSPITAL, APPROPRAITING FUNDS
FOR THE PURPOSE
Be it enacted by the Senate and the House of Representatives of the Philippine

SECTION 1. There is hereby established, under the Department of

Health, a hospital in the City of Manila, to be known as the National Indigent
Children’s Hospital, which shall be under the management and supervision of
a Director who must be a physician of good refute, graduate from a medical
college of recognized standing and had for five years engaged in the practice
of medicine. The Director of the said hospital shall be appointed by the
Secretary of Health, and shall receive a compensation of six thousand per
annum. The Director of the National Indigent Children’s hospital shall have
all the powers conferred generally on chiefs of Government hospital.
74
SEC. 2. It shall be incumbent upon the National Indigent Children’s

Hospital to render free medical service and give accommodation gratuitously
to sick and/or undernourished and indigent children, at the request of their
parents or guardians.
SEC. 3. The Director of the National Indigent Children’s Hospital shall

have authority to promulgate, with the approval of the Director of Hospitals,
such rules and regulations not inconsistent with law, as may be necessary to
secure the efficient administration of the hospital and the proper enforcement
of laws relating thereto.
SEC. 4. With the approval of the Secretary of Health, the Director

may allow subsistence, quarters, and laundry service in kind to physicians,
nurses, or employees serving in the hospital whenever such action seems
advisable for the best interest of the public service.
SEC. 5. Upon the approval of this Act, the personnel and all properties
and other assets of the Indigent Children’s Hospital shall be transferred
and automatically reverted to the National Indigent Children’s Hospital
established under the provision hereof.
SEC. 6. The sum of two hundred and fifty thousand pesos or so much
thereof as may be necessary, is hereby authorized to be appropriated out of
any funds of the National Treasury not otherwise appropriated, for building
expenses, purchase of supplies, materials, and equipment; salaries and wages
of personnel and other necessary expenses of the National Indigent Children’s
Hospital during the fiscal year ending on the thirtieth day of June, nineteen
hundred and fifty-three and thereafter, the same amount shall be set aside
in the General Appropriations Act every year, for the same purpose.
Approved,
75
______________________________
______________________________
Representatives
This Act, which originated in the Senate was finally passed by the
TORIBIO P. PEREZ
Finally passed by the House of Representatives on May 22, 1952.
N. PIMENTEL
Representatives
______________________________
76
H. No. 2426
Third Congress
of the
First Session
Begun and held in the City of Manila on Monday, the twenty-fifth day of January,
nineteen hundred and fifty-four
——■——
AN ACT TO AMEND SECTION THREE, SEVEN AND TWELVE OF

REPUBLIC ACT NUMBERED SIX HUNDRED SEVENTY-NINE,
ENTITLED “AN ACT TO REGULATE THE EMPLOYMENT OF
WOMEN AND CHILDREN, TO PROVIDE PENALTIES FOR
VIOLATION HEREOF, AND FOR OTHER PURPOSES.”

SECTION 1. Sections three, seven and twelve of Republic Act Numbered

Six hundred seventy-nine are amended to read as follows:
“SEC. 3. Employment of persons below eighteen years of age. – (a)

No woman below eighteen years shall be employed or permitted or suffered
to work, with or without compensation, in any bar, night club, dance hall,
dancing school for men, escort service, lodging house, massage clinic, hotel,
resort or other place of work similar to the foregoing, as hostess, waitress,
77
individual entertainer or escort for men, taxi-dancer, professional dance

partner, attendant, or in any other similar capacity.
“(b) No child below eighteen years of age shall be employed or

permitted or suffered to work in any pharmacy or laboratory for the
preparation of drugs or pharmaceutical or chemical products.
“(c) No person below eighteen years of age shall be employed or

permitted or suffered to work in any shop, factory, industrial or commercial
establishment or other place of labor—
“(1) where the work is done in connection with the preparation of, or
involves contamination with, any noxious, poisonous, infectious or explosive
substances; or
“(2) where the work, not otherwise specified in this Act involves
serious danger to the life or health of the employee, as the Secretary of
Labor may determine after consultation with representatives of employers
and employees or organizations thereof.
“For the purposes of paragraph (2) of subsection (c) of this section,

the Secretary of Labor shall from time to time issue orders specifying the
occupations which he determines would involve serious danger to the life
or health of the employees and shall cause such orders to be published
in newspaper of general circulation or by such other means as he deems
reasonably calculated to give to interested persons general notice of such
issuance. Any such order shall take effect thirty days after entry thereof.
“SEC. 7. Employment of women. – (a) No woman, regardless of

age, shall be employed in any shop, factory, commercial or industrial
establishment or other place of labor to perform work which requires the
employee to work always standing or which involves the lifting of heavy
objects.
“(b) No woman, regardless of age, shall be employed or permitted or

suffered to work, with or without compensation , in any industrial undertaking
78
or branch thereof between ten o’clock at night and six o’clock in the morning
of the following day, except those who are immediate members of the family
operating or owning the same. An employer may be exempted from the
requirement of this subsection—
“(1) in case of force majeure causing an interruption in the work which

was not foreseen and which is not of a recurring character;
“(2) by the Secretary of Labor, if he finds, after proper investigation,

that the work has to do with raw materials or materials in the course of
treatment which are subject to rapid deterioration and night work is necessary
to preserve such materials from loss; and
“(3) by the President of the Philippines, with or without the

recommendation of the Secretary of Labor, in case of emergency where
national interests demand the suspension of the night work prohibition for
women in a particular industry or industries.
“(c) No woman, regardless of age, shall be employed or permitted or

suffered to work, with or without compensation, in any commercial or non-
industrial undertaking or branch thereof, other than agricultural, between
twelve o’clock midnight and seven o’clock in the morning of the following
day, except those who are immediate members of the family owning or
operating the same.
“(d) No woman, regardless of age, shall be employed or permitted or

suffered to work in any agricultural undertaking at night time without giving
her a period of rest of not less than nine consecutive hours.
“The prohibition against night work for women provided for in

subsections (b), (c) and (d) hereof shall not apply to —
“(1) women holding responsible positions of a managerial or technical

character; and
79
“(2) women employed in health and welfare services.
“(e) In any shop, factory, commercial, industrial, non-industrial, or

agricultural establishment or other place of labor where men and women
are employed, the employer shall not discriminate against any woman in
respect to terms and conditions of employment on account of her sex, and
shall pay equal remuneration for work of equal value for both men and
women employees.
“SEC. 12. Violation and penalties. – (a) It shall be unlawful for any
employer: (1) to discharge any woman employed by him for the purpose of
preventing such woman from enjoying the benefits of sections seven or eight
of this Act; (2) to discharge such woman on account of her pregnancy, or
while on leave or in confinement due to her pregnancy; or (3) to discharge
or refuse the admission of such woman upon returning to her work for fear
that she may again be pregnant.
“(b) It shall be unlawful for any employer to discharge any woman

or child employed by him for having filed a complaint under this Act or
to discharge such woman or child or any other employee who has given
testimony or is about to give testimony under this Act.
“(c) It shall be unlawful for any employer to discharge any woman or

child employed by him for any other cause which is not attributable to the
fault of such employee or worker.
“(d) Any violation of any provision of this Act shall be punished by a

fine of not less than one hundred pesos nor more than five thousand pesos,
or by imprisonment for not less than thirty days nor more than one year, or
by both such fine and imprisonment, in the discretion of the Court.
“If the violation is committed by a firm, association or corporation, the

manager or, in his default, the person acting as such, shall be liable.”
80
Approved,
______________________________
______________________________
Representatives
Finally passed by the Senate on May 20, 1954.
______________________________

N. PIMENTEL
Representatives
RAMON MAGSAYSAY
President of the Philippine
81
H. No. 4332
Third Congress
of the
Second Session
Begun and held in the City of Manila on Monday, the twenty-fourth day of
January, nineteen hundred and fifty-five.
——■——
AN ACT AMENDING SECTIONS ONE, TWO, THREE, FOUR

AND FIVE OF REPUBLIC ACT SEVEN HUNDRED THIRTY-
ONE PROVINDING FOR THE ESTABLISHMENT OF THE
NATIONAL CHILDREN’S HOSPITALANDAPPROPRIATING
FUNDS FOR THE PURPOSE

SECTION 1. Section one, two, three, four and five of Republic

Act Numbered Seven hundred thirty-one are hereby amended to read as
follows:
“SECTION 1. There is hereby established under the Bureau of Hospitals,

the National Children’s Hospital, which shall be under the management and
supervision of a chief who must be a physician of good refute, graduate from
a medical college of recognized standing and has for five years engaged
in the practice of medicine. The chief of said hospital shall be appointed
by the Secretary of Health, upon the recommendation of the Director of
82
Hospitals, and shall receive a compensation of not more than six thousand
pesos per annum. The chief of the National Children’s Hospital shall have
all the powers conferred generally on chiefs of government hospitals.
“SEC. 2. It shall be incumbent upon the National Children’s Hospital

to render free medical service and give accommodation gratuitously to sick
and/or undernourished children, subject to the rules and regulations of the
Bureau of Hospitals.
“SEC. 3. The chief of the National Children’s Hospital shall have

authority to promulgate, with the approval of the Director of Hospitals,
such rules and regulations not inconsistent with law, as may be necessary to
secure the efficient administration of the hospital and the proper enforcement
of laws relating thereto.
“SEC. 4. With the approval of the Director of Hospitals, the chief may
allow subsistence, quarters, and laundry service in kind to physicians, nurses
or employees serving in the hospital whenever such action seems advisable
for the best interest of the public service.
“SEC. 5. Upon the approval of this Act, the existing Indigent Children’s
Hospital shall be abolished and the personnel and all the files, records,
supplies, equipment, properties and other assets and unexpected balances
of the appropriation of said hospital shall be transferred to the National
Children’s Hospital established under the provision hereof.”
Approved,
______________________________
______________________________
Representatives
83
Finally passed by the Senate on May 19, 1955.
FIDEL M. HENARES

N. PIMENTEL
Representatives
Approved:
RAMON MAGSAYSAY
84
H. No. 780
Fifth Congress
of the
First Session
Begun and held in the City of Manila on Monday, the twenty-second day of
January, nineteen hundred and sixty-two.
——■——
AN ACT ESTABLISHING A NATIONAL COORDINATING CENTER FOR

THE STUDY AND DEVELOPMENT OF FILIPINO CHILDREN
AND YOUTH, AND APPROPRIATING FUNDS THEREFOR.

SECTION 1. There is hereby established a National Coordinating Center

for the Study and Development of Filipino Children and Youth which shall
be charged with the duty of conducting and encouraging research among
public and private schools, colleges, universities, institutions, agencies,
organizations and entities interested in child and youth development with
the end in view of making scientific and thorough study and understanding
of Filipino children as the basis of a more effective educational system.
SEC. 2. The Center shall be governed by a Board of Trustees composed

of the Secretary of Education, who shall be ex-officio chairman of the Board,
or in his absence, the Undersecretary of Education; the Director of the Child
85
Study Center, and five additional members who shall be renowned authorities
or professors or heads of departments in reputable universities and colleges
in any of the fields of education, medicine, nutrition, sociology, psychology,
psychiatry, social work and allied fields.
SEC. 3. It shall be the duty of the Board of Trustees to plan a program

of research, as well as to encourage, stimulate, initiate and coordinate study
and research, and to distribute results of researches in children and youth
to schools, colleges, universities, institutions, agencies, and organizations
interested in the study and development of Filipino children and youth.
SEC. 4. The Board of Trustees shall be aided by the Director of the

Child Study Center who shall be elected by the Board of Trustees and shall
have the same qualifications as the other members of the Board. There
shall be a clerical staff as well as a staff of experts and specialist preferably
educational psychologists, psychiatrists, sociologists, and such other
professionally qualified people to conduct research on a scientific level, who
shall be appointed by the Board of Trustees upon the recommendation of
the Director of the Child Study Center. The Board of Trustees shall appoint
and fix the salaries of the above-named personnel in accordance with Civil
Service Law, rules and regulations and promulgate rules and regulations for
the operation of the Child Study Center.
SEC. 5. The Board of Trustees may, in its direction, grant scholarships,

in research to gifted individuals interested in children as well as recommend
money grants to schools, colleges, universities, institutions, organizations
and agencies actually conducting research in Filipino children and youth.
SEC. 6. To carry out the purpose of this Act, the amount of five hundred
thousand pesos is hereby appropriated, out of any funds in the National
Treasury not otherwise appropriated, for the fiscal year nineteen hundred
sixty-two to nineteen hundred sixty-three. Thereafter, the funds for this
purpose shall be included in the annual General Appropriations Act.
Approved,
86
EULOGIO RODRIGUEZ CORNELIO T. VILLAREAL

President of the Senate Speaker of the House of
Representatives
Finally passed by the Senate on This Act which originated in the

May 17, 1962. House of Representatives, was
finally passed by the Same on
May 17, 1962.
REGINO S. EUSTAQUIO INOCENCIO B. PAREJA

Secretary of the Senate Secretary of the House of
Representatives
DIOSDADO MACAPAGAL
87
H. No. 11307
Fifth Congress
of the
Third Session
Begun and held in the City of Manila on Monday, the twenty-seventh day of
January, nineteen hundred and sixty-four
——■——
AN ACT TO CREATE THE UNITED NATIONS CHILDREN’S FUND

NATIONAL COMMITTEE

SECTION 1. The United Nations Children’s Fund National Committee

of the Philippines, herein referred to as the National Committee, is hereby
created under the President of the Philippines, to serve as a liaison agency
between the Government of the Philippines and the United Nations Children’s
Fund (UNICEF), to associate principal bodies in the Philippines interested
in health, welfare, and cultural matters with the work of the UNICEF,
and to implement the International Agreement between the UNICEF and
the Philippines signed on November twenty, nineteen hundred and forty-
eight.
SEC. 2. The members of the National Committee shall be appointed

by the President of the Philippines, and shall be composed of the following:
(1) The Secretary of Health, (2) the Social Welfare Administrator, (3) the
88
Secretary of Education, (4) the Budget Commissioner, (5) the Secretary

of Foreign Affairs, (6) the Chairman of the National Science Development
Board, and (7) a representative of the civic organizations in the country as
recommended by the recognized national civic organizations. The Chairman
of the National Committee may be appointed from among these members
by the President of the Philippines.
SEC. 3. The National Committee shall create an executive committee

and such other committees and subcommittees as may be necessary for the
effective and efficient performance of its duties and proper exercise of its
powers and responsibilities.
The executive committee shall also be the secretariat of the National

Committee to be headed by a board secretary who shall also act as the
secretary of the National Committee.
SEC. 4. The members of the National Committee will serve in honorary

capacity and shall receive no compensation or remuneration, except traveling
expenses and per diems for each day of actual attendance in each session of
the National Committee, its committees and sub-committees, in such amount
and under such conditions as the National Committee, with the approval of
the President of the Philippines, may prescribed. They shall each serve a
term at the pleasure of the President of the Philippines.
SEC. 5. The National Committee shall have the following powers and
duties:
(a) To assume the functions and duties of the United Nations Appeal
for Children (Philippines);
(b) To promulgate rules and regulations for the conduct of its affairs;
(c) To advise the Government of the Philippines on matters relating

to UNICEF, especially on the best ways and means by which the welfare
and health of Filipino children and mothers could best be taken advantage
of by the Philippines;
89
(d) To advise Philippine delegates to the UNICEF conferences,

whenever necessary; and
(e) To submit annual and other reports to the President of the Philippines
on its activities and accomplishment.
SEC. 6. All items of personnel, offices, properties, monies, and

such other appropriations included in the original UNICEF Administrative
Committee, as created by the President of the Philippines and as embodied
in Republic Act Numbered Twenty-seven hundred, are hereby absorbed and
transferred to the National Committee.
SEC. 7. The present CARE-Department of Health Child Feeding

Program shall be known as the CARE-UNICEF National Committee-
Assisted Child Feeding Program, and all present appropriations pertaining
to the said program including itemized and lump-sum appropriations for its
personnel, equipment, sundries and other items, which previously existed
under Republic Act Numbered Twenty-seven hundred and/or previous
Appropriation Acts, are hereby transferred to the National Committee.
SEC. 8. All Acts or parts of Acts, rules and regulations, and executive
orders inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Approved,
FERDINAND E. MARCOS CORNELIO T. VILLAREAL

Representatives
90
Finally passed by the Senate on This Act which originated in the

finally passed by the Same
on May 19, 1964.

Representatives
DIOSDADO MACAPAGAL
91
H. No. 218
Fifth Congress
of the
Fourth Session
Begun and held in the City of Manila on Monday, the twenty-fifth day of January,
nineteen hundred and sixty-five
——■——
AN ACT PROHIBITING THE COLLECTION OF CONTRIBUTIONS

INTERMEDIATE SCHOOLS

SECTION 1. The collection of contributions for the Red Cross, Anti-

Tuberculosis, Parent-Teacher Associations, School Athletic Meets, Medical
and Dental Services or for any other project or purpose, whether voluntary or
otherwise, from school children of public primary and intermediate schools
is hereby prohibited: Provided, however, That this prohibition shall not
cover membership drives of the Red Cross.
SEC. 2. Any person who violated the provisions of this Act shall be
punished by a fine of not less than fifty pesos nor more than one hundred
pesos of imprisonment for not more than one month or both in the discretion
of the court.
92
Approved,
FERDINAND E. MARCOS CORNELIO T. VILLAREAL

Representatives
Finally passed by the Senate on This Act which originated in the House
May 13, 1965. of Representatives, was finally
passed
by the Same on May 18, 1965.

Representatives
DIOSDADO MACAPAGAL
93
S. No. 152
Sixth Congress
of the
First Session
Begun and held in the City of Manila on Monday, the twenty-fourth day of
January, nineteen hundred and sixty-six
——■——
AN ACT TO AMEND REPUBLIC ACT NUMBERED FOUR THOUSAND

TWO HUNDRED SIX ENTITLED “AN ACT PROHIBITING THE
COLLECTION OF CONTRIBUTIONS FROM SCHOOL CHILDREN
OF PUBLIC PRIMARY AND INTERMEDIATE SCHOOLS.”

SECTION 1. Section 1 of Republic Act Numbered Four thousand two

hundred six is hereby amended to read as follows:
“SEC. 1. The collection of contributions for the Anti-Tuberculosis,

Parent-Teacher Associations, School Athletic Meets, Medical and Dental
Services or for any other project or purpose, whether voluntary or otherwise,
from school children of public primary and intermediate and high schools is
hereby prohibited: Provided, however, That this prohibition shall not cover
membership fees of school children in the Red Cross, the girl scout of the
Philippines and the boy scouts of the Philippines.”
94
SEC. 2. The title of Republic Act Numbered four thousand two hundred
six is hereby amended to read as follows:
“AN ACT PROHIBITING THE COLLECTION OF CONTRIBUTIONS

FROM SCHOOL CHILDREN OF PUBLIC PRIMARY, INTERMEDIATE
AND HIGH SCHOOLS.”
Approved,
ARTURO M. TOLENTINO CORNELIO T. VILLAREAL

Representatives
This Act, which originated in the Finally passed by the House of

Senate was finally passed by the Representatives on May 19, 1966

Representatives
FERDINAND E. MARCOS
95
S. No. 217
H. No. 2327
Sixth Congress
of the
Second Session
Begun and held in the City of Manila on Monday, the twenty-third day of
January, nineteen hundred and sixty-seven
——■——
AN ACT CREATING COUNCIL FOR THE PROTECTION OF CHILDREN

IN EVERY CITY AND MUNICIPALITY OF THE PHILIPPINES
AND FOR OTHER PURPOSES.

SECTION 1. It is the declared policy of the sate not only to assure that
every family should be helped into bringing up their children to make them
useful men and women but also to see that the proper direction, supervision,
and guardianship in the training, education, and other interests of its minor
citizens be undertaken by it.
SEC. 2. To implement this sacred duty of the State, there is hereby

created in every city and municipality including municipal district, a
“Council for the Protection of Children,” which is hereinafter referred to as
the Council, to be composed of the City or Municipal Mayor, as Chairman,
and two members of the City or Municipal Council to be elected among
96
themselves, the City or Municipal Health Officer, the City or Municipal

Supervising Teacher, the Chief of Police, a representative of the Social
Welfare Administration, and a representative of the PTA Organizations in the
City or Municipality to be elected for a term of one year by the presidents of
the different PTA Organizations in said City or Municipality, as members.
In the absence of the City or Municipal Mayor, the Vice-Mayor shall be the
presiding officer of the Council.
SEC. 3. The Council shall hold meetings at the call of the City or
Municipal Mayor but it may also be convoked upon written request of at
least two members thereof. The Chairman and members of the Council shall
not receive any per diem or allowance or emolument whatsoever.
SEC. 4. A majority of the members is sufficient for the Council to

transact its business provided that in the absence of a quorum, the Council
may adjourn from day to day.
SEC. 5. The Council shall supervise and act as a guardian for the health,
education and well-being of all the minors within the city or municipality,
and for this purpose it shall, among others, have the functions provided for
in Article 360 of the Civil Code.
SEC. 6. Within six months after the approval of this Act, all city
and municipal mayors shall convoke the Council herein created and start
implementing the provisions of this Act.
Approved,
GIL J. PUYAT JOSE B. LAUREL, JR.

Representatives
97

Senate was finally passed by the Representatives on May 18, 1967
ELISEO M. TENZA INOCENCIO B. PAREJA

Representatives
FERDINAND E. MARCOS
98
H. No. 2678
Sixth Congress
of the
Third Session
Begun and held in the City of Manila on Monday, the twenty-second day of
January, nineteen hundred and sixty-eight
——■——
AN ACT ESTABLISHING A TEN-YEAR TRAINING PROGRAM FOR

TEACHERS OF SPECIAL AND EXCEPTIONAL CHILDREN IN THE
PHILIPPINES AND AUTHORIZING THE APPROPRIATION OF FUNDS
THEREFOR.

SECTION 1. There is hereby established, under the administration

and supervision of the Bureau of Public Schools, in cooperation with the
University of the Philippines a ten-year program for the training for teachers
of special and exceptional children.
SEC. 2. The term “special and exceptional children” shall include the
mentally retarded, the crippled, the deaf and hard of hearing, the speech
handicapped, the socially and emotionally disturbed and the gifted.
99
SEC. 3. The institutions of learning chosen by the Department of

Education to carry out the training of teachers for this program shall grant
the necessary credit.
SEC. 4. All expenses to be incurred therefor, such as tuition and other

fees, and stipend for teachers trainees shall be charged against the funds of
the program and shall be disbursed by the Director of Public Schools.
SEC. 5. The program shall as far as practicable, include the setting up

of pilot classes for special and exceptional children in regular schools with
the end view of integrating said children into the regular school program
and of encouraging socialization.
The program shall set up projects in such a way that special education
shall be conducted within the facilities of regular school whenever
possible.
The program shall also set up research and survey projects to identify
and locate exceptional children in need of its services.
SEC. 6. A number of scholarships shall be created every year for ten

years for prospective teachers who shall undertake the training courses.
The coordinator of all the program shall see to it that scholarship grantees
and teacher trainees under the program are intellectually and emotionally
prepared to handle special education.
SEC. 7. The Secretary of Education shall issue such rules and

regulations and shall employ such specialists, as may be necessary to
implement the provisions of this Act.
SEC. 8. The sum of three hundred fifty thousand pesos is hereby

authorized to be appropriated out of any funds in the National Treasury
not otherwise appropriated to carry out the provisions of this Act for the
fiscal year nineteen hundred and sixty-eight. Thereafter, such sums as are
necessary for the operation of said training program shall be included in the
annual General Appropriations Act.
100
Approved,

Representatives
Finally passed by the Senate on This Act, which originated in the

finally passed by the same on
March 5, 1968

Representatives
FERDINAND E. MARCOS
101
S. No. 815
H. No. 1323
Sixth Congress
of the
Fourth Session
Begun and held in the City of Manila on Monday, the twenty-seventh day of
January, nineteen hundred and sixty-nine
——■——
AN ACT TO FURTHER AMEND REPUBLIC ACT NUMBERED

FOUR THOUSAND TWO HUNDRED SIX ENTITLED “AN
ACT PROHIBITING THE COLLECTION OF CONTRIBUTIONS
INTERMEDIATE AND HIGH SCHOOLS.”

SECTION 1. Section 1 of Republic Act Numbered Four thousand two

hundred six is hereby further amended to read as follows:
“SEC. 1. The sale of tickets and/or the collection of contributions in

any form whatsoever, by any person for any project or purpose, whether
voluntary or otherwise, from school children, students and teachers of public
and private schools, colleges and universities is hereby prohibited: Provided,
however, That this prohibition shall not cover membership fees of school
children and students in the Red Cross, the girl scouts of the Philippines and
102
the boy scouts of the Philippines: Provided, finally, That this prohibition
shall not cover the contributions of parents and other donors for the support
of barrio high schools.”
SEC. 2. Section 2 of the same Act is hereby amended to read as

follows:
“SEC. 2. Any educational institution or person who violate the

provisions of this Act shall be punished by a fine of not less than one thousand
pesos but not more than five thousand pesos or imprisonment for not more
than one month or both in the discretion of the court. If the violation is
committed by a private educational institution, the Secretary of Education,
at his discretion, shall, in addition to the above penalty, suspend, revoke, or
otherwise cancel the authority to operate such educational institution.”
SEC. 3. The title of the same Act is hereby amended to read as

follows:
“AN ACT PROHIBITING THE SALE OF TICKETS AND/OR THE

COLLECTION OF CONTRIBUTIONS FROM WHATEVER PROJECT
OR PURPOSE FROM STUDENTS AND TEACHERS OF PUBLIC AND
PRIVATE SCHOOLS, COLLEGES AND UNIVERSITIES”.
Approved,

Representatives
103

Senate, was finally passed by the Representatives on May 22, 1969

Representatives
FERDINAND E. MARCOS
104
H. No. 18599
Sixth Congress
of the
Ninth Special Session
——■——
AN ACT AMENDING REPUBLIC ACT NUMBERED FIFTY-TWO

HUNDRED FIFTY, ENTITLED “AN ACT ESTABLISHING A
TRAINING PROGRAM FOR TEACHERS OF SPECIAL AND
EXCEPTIONAL CHILDREN IN THE PHILIPPINES AND
APPROPRIATING FUNDS THEREFOR

SECTION 1. Section one of Republic Act Numbered fifty-two hundred

fifty is hereby amended to read as follows:
“SECTION 1. There is hereby established, under the administration

and supervision of the Bureau of Public Schools, in cooperation with the
University of the Philippines, the Philippine Normal College, and the School
for the Deaf and the Blind, a ten-year program for the training of special and
exceptional children.”

follows:
105
“SEC. 4. All expenses to be incurred therefore, such as tuition and

other fees, stipends of teacher trainees, development and training abroad
of members of the faculty of the cooperating institutions and those of the
special education staff of the General Office, Bureau of Public Schools, and
other expenses incident to the implementation of this Act shall be charged
against the funds of the program and shall be disbursed by the Director of
Public Schools: Provided, That the expenses for development and training
abroad shall not exceed ten per centum of the total appropriation provided
in Republic Act Numbered Five thousand two hundred and fifty.”
106
H. No. 882
S. No. 801

Congress of the Philippines
Metro Manila
Fourth Regular Session
Begun and held in Metro Manila, on Monday the twenty-third day of July,
nineteen hundred and ninety.
——■——
AN ACT ESTABLISHING A DAY CARE CENTER IN EVERY BARANGAY,

INSTITUTING THEREIN A TOTAL OF DEVELOPMENT AND
PROTECTION OF CHILDREN PROGRAM, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

SECTION 1. Title. – This Act shall be known as the “Barangay-Level

Total Development and Protection of Children Act.”
SEC. 2. Declaration of Policy. – It is hereby declared to be the policy

of the State to defend the right of the children to assistance, including proper
care and nutrition, and to provide them with special protection against all
forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial
to their development.
107
Filipino children up to six (6) years of age deserve the best care and
attention at the family and community levels. Towards this end, there
is hereby established a day care center in every barangay with a total
development and protection of children program as provided in this Act
instituted in every barangay day care center.
SEC. 3. Program Framework. – The total development and protection

of children program for day care centers shall be provided for children up
to six (6) years of age with the consent of parents: Provided, however, That,
in case of abused, neglected or exploited children, such consent shall not be
required. The program shall include the following:
a) Monitoring of registration of births and the completion of the

immunization series for prevention of tuberculosis, diphtheria, pertussis,
tetanus, measles, poliomyelitis and such other diseases for which vaccines
have been developed for administration to children up to six (6) years of
age;
b) Growth and nutritional monitoring, with supplementary nutritional

feeding and supervision of nutritional intake at home;
c) Care for children of working mothers during the day and, where
feasible, care for children up to six(6) years of age when mothers are working
at night: Provided, That the day care center need not take care of the children
in a particular place but shall develop network of homes where women may
take care of the children up to six (6) years of age of working mothers during
work hours, with adequate supervision from the supervising social welfare
officer of the Department of Social Welfare and Development: Provided,
further, That, where young children are left to the care of a paid domestic,
an elderly relative or older children without adequate and competent adult
supervision, the supervising social worker officer shall provide such training
and adult supervision until the children’s care meets adequate standards
whereby the children under their care will develop normally as healthy, happy
and loved children, even in the absence of their mothers during working
hours;
108
d) Materials and network of surrogate mothers-teachers who will

provide intellectual and mental stimulation to the children, as well as
supervised wholesome recreation, with a balance program of supervised
play, mental stimulation activities, and group activities with peers;
e) A sanctuary for abuse, neglected or exploited children either in one

child institution in the barangay and/or a network of sanctuary-homes which
will take in children in urgent need of protection due to a situation which
endangers the child or which has exposed the child to cruelty and abuse:
Provided, That the day care center, with help and support of the barangay
chairman and their barangay-level support systems, may call upon law
enforcement agencies when the child needs to be rescued from an unbearable
home situation;
f) A referral and support system for pregnant mothers for prenatal

and neonatal care and, in the proper case, for delivery of the infant under
conditions which will remove or minimize risk to mother and child: Provided,
That the high-risk mothers shall be referred to the proper tertiary or secondary
care service personnel and children who are at risk from any condition or
illness will be brought for care: Provided, further, That the day care center
shall be alert to illegal abortions and incompetent and untrained hilots so
that they are provided the needed basic training for normal delivery and
are trained to recognize high-risk pregnancies which should be referred to
competent obstetrical and pediatric medical care for mother and child who
are at risk; and
g) A support system and network of assistance from among the members

of the barangay for the total development and protection of children.
SEC. 4. Implementing Agency. – The program shall be implemented

by the barangay.
The sangguniang barangay may call upon private volunteers, who are
responsible members of the community, and utilize them to assist in the care
of children and provide consultative services for medical, educational, and
other needs of the children.
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SEC. 5. Functions of the Department of Social Welfare and Development.

– The department shall:
(a) Formulate the criteria for the selection, qualifications, training

and accreditation of barangay day care workers and the standards for
the implementation of the total development and protection of children
program;
(b) Coordinate activities of nongovernment organizations with the day

care workers and other social workers of the Department in order that their
services may be fully utilized for the attainment of the program goals; and
(c) Protect and assist abused, neglected or exploited children and secure
proper government assistance for said children.
SEC. 6. Funds for the Center, the Program and Day Care Workers. –
(a) The funds for the establishment, maintenance and operation of barangay
day care centers shall be appropriated from the national budget and shall be
included in the annual General Appropriations Act as part of the budget of
the Department of Social Welfare and Development.
(b) The province, city or municipality concerned shall provide financial

assistance for the establishment of every barangay day care center within
their respective locality.
(c) Barangay day care workers in accredited day care centers shall
receive a monthly allowance of not less than Five hundred pesos (P500.00) to
be charged to the annual appropriations of the Department of Social Welfare
and Development.
(d) In order to carry out the provisions of this Act, the amount needed
for the program and day care workers shall be appropriated in the General
Appropriations act of the year following its enactment into law.
(e) A portion of health programs available to the Philippines under

official aid or official debt arrangements from foreign countries, the amount
110
to be determined by the Office of the President, shall be extended in support

of the day care centers.
SEC. 7. Repealing Clause. – All laws, decrees, rules and regulations,

and executive orders contrary to or inconsistent with this Act are hereby
repealed or modified accordingly.
SEC. 8. Effectivity. – This Act shall take effect upon its approval and
completion of its publication in at least two (2) national newspapers of
general circulation.
Approved,
JOVITO R. SALONGA RAMON V. MITRA

Representatives
This Act which is a consolidation House Bill No. 882 and Senate Bill
No. 801was finally passed by the House of Representatives and the Senate
on September 14, 1990 and September 11, 1990, respectively.
EDWIN P. ACOBA QURINO D. ABAD SANTOS, JR.

Representatives
Approved: November 23, 1990
CORAZON C. AQUINO
111
S. No. 29

Metro Manila
Begun and held in Metro Manila, on Monday, the twenty-second day of July,
nineteen hundred and ninety-one.
——■——
[REPUBLIC ACT NO. 7323 ]
AN ACT TO HELP POOR BUT DESERVING STUDENTS PURSUE

THEIR EDUCATION BY ENCOURAGING THEIR EMPLOYMENT
DURING SUMMER AND/OR CHRISTMAS VACATIONS,
THROUGH INCENTIVES GRANTED TO EMPLOYERS,
ALLOWING THEM TO PAY ONLY SIXTY PER CENTUM OF
THEIR SALARIES OR WAGES AND THE FORTY PER CENTUM
THROUGH EDUCATION VOUCHERS TO BE PAID BY THE
GOVERNMENT, PROHIBITING AND PENALIZING THE FILING
OF FRAUDULENT OR FICTITIOUS CLAIMS, AND FOR OTHER
PURPOSES

SECTION 1. Any provision of law to the contrary notwithstanding, any

person or entity employing at least fifty (50) persons may during the summer
and/or Christmas vacations employ poor but deserving students fifteen (15)
years of age but not more than twenty five (25) years old, paying them a
112
salary or wage not lower than the minimum wage provided by law and other
applicable labor rules and regulations.
For purposes of the Act, poor but deserving students refer to those
whose parent’s combined incomes, together with their income, if any, do not
exceed Thirty-six thousand pesos (P 36,000.00) per annum. Employment
should be at the Labor Exchange Center of the Department of Labor and
Employment (DOLE).
SEC. 2. Sixty per centum (60%) of said salary or wage shall be paid by
the employer in cash and forty per centum (40%) by the Government in the
form of a voucher which shall be applicable in the payment for his tuition fees
and books in any educational institution for secondary, tertiary, vocational
or technological education. The amount of the education voucher shall be
paid by the Government to the educational institution concerned within
thirty (30) days from its presentation to the officer or agency designated by
the Secretary of Finance.
The voucher shall not be transferable except when the payee thereof dies or
for a justifiable cause stops in his duties in which case it can be transferred
to his brothers or sisters. If there be none, the amount thereof shall be paid
his heirs or to the payee himself, as the case may be.
SEC. 3. The Secretary of Labor and Employment, the Secretary of

Education, Culture and Sports and the Secretary of Finance shall issue the
corresponding rules and regulations to carry out the purposes of this Act.
The Secretary of Labor and Employment shall be the Project Director of

this program.
SEC. 4. Any person or entity who shall make any fraudulent or fictitious
claim under this Act, regardless of whether payment has been made, shall
upon conviction be punished with imprisonment of not less than six (6)
months and not more than one (1) year and a fine of not less than Ten thousand
pesos (P 10,000.00), without prejudice to their prosecution and punishment
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for any other offense punishable under the Revised Penal Code or any other
penal statute.
In case of partnerships or corporations, the managing partner, general

manager, or chief executive officer, as the case may be, shall be criminally
liable.
SEC. 5. The amount necessary to carry out the purposes of this Act is
hereby authorized to be appropriated in the General Appropriations Act for
1992 and the subsequent annual general appropriations acts.
SEC. 6. This Act shall take effect after its publication in the Official
Gazette or in at least two (2) national newspapers of general circulation.
Approved,
RAMON V. MITRA NEPTALI A. GONZALES

Speaker of the House President of the Senate
of Representatives
This bill which originated from the Senate was finally passed by the
Senate and the House of Representatives on February 6, 1992 and February
3, 1992, respectively.
CAMILO L. SABIO ANACLETOD.BADOY,JR.

Secretary General Secretary of the Senate
Approved: March 30, 1992
CORAZON C. AQUINO
114
S. No. 1466
H. No. 34369

Metro Manila
——■——
AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND

PRIVATE HEALTH INSTITUTIONS WITH ROOMING-IN AND
BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES

SECTION 1. Title. – This Act shall be known as “The Rooming-In and

Breastfeeding Act of 1992”.
SEC. 2. Declaration of Policy. – The state adopts rooming-in as a national

policy to encourage, protect and support the practice of breastfeeding. It shall
create an environment where basic physical, emotional, and psychological
needs of mothers and infants are fulfilled through the practice of rooming-in
and breastfeeding.
Breastfeeding has distinct advantages which benefit the infant and the
mother, including the hospital and the country that adopts its practice. It
115
is the first preventive health measure that can be given to the child at birth.
It also enhances mother-infant relationship. Furthermore, the practice of
breastfeeding could save the country valuable foreign exchange that may
otherwise be used for mild importation.
Breastmilk is the best food since it contains essential nutrients completely

suitable for the infant’s needs. It is also nature’s first immunization, enabling
the infant to fight potential serious infection. It contains growth factors that
enhance the maturation of an infant’s organ systems.
SEC. 3. Definition of Terms. – For purposes of this Act, the following

definitions are adopted:
a) Age of gestation – the length of time the fetus is inside the mother’s
womb.
b) Bottlefeeding – the method of feeding an infant using a bottle with

artificial nipples, the contents of which can be any type of fluid.
c) Breastfeeding – the method of feeding an infant directly from the

human breast.
d) Breastmilk – the human milk from a mother.
e) Expressed breastmilk – the human milk which has been extracted

from the breast by hand or by breast pump. It can be fed to an infant using
a dropper, a nasogastric tube, a cup and spoon, or a bottle.
f) Formula feeding – the feeding of a newborn with infant formula

usually by bottlefeeding. It is also called artificial feeding.
g) Health institutions – are hospitals, health infirmaries, health centers,

lying-in centers, or puericulture centers with obstetrical and pediatric
services.
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h) Health personnel – are professionals and workers who manage

and/or administer the entire operations of health institutions and/or who are
involved in providing material and child health services.
i) Infant – a child within zero (0) to twelve (12) months of age.
j) Infant formula – the breastmilk substitute formulated industrially

in accordance with applicable Codex Alimentarius standards, to satisfy the
normal nutritional requirements of infants up to six (6) months of age, and
adopted to their physiological characteristics.
k) Lactation management – the general care of a mother-infant nursing

couple during the mother’s prenatal, immediate postpartum and postnatal
periods. It deals with educating and providing knowledge and information
to pregnant and lactating mothers on the advantages of breastfeeding, the
physiology of lactation, the establishment and maintenance of lactation, the
proper care of the breasts and nipples, and such other matters that would
contribute to successful breastfeeding.
l) Low birth weight infant - a newborn weighing less than two thousand
five hundred (2,500) grams at birth.
m) Mother’s milk – the breastmilk from the newborn’s own mother.
n) Rooming-in – the practice of placing the newborn in the same room

as the mother right after delivery up to discharge to facilitate mother-infant
bonding and to initiate breastfeeding. The infant may either share the
mother’s bed or be placed in a crib beside the mother.
o) Seriously ill mothers – are those who are: with severe infections; in
shock; in severe cardiac or respiratory distress; or dying; or those with other
conditions that may be determined by the attending physician as serious.
p) Wet-nursing – the feeding of a newborn from another mother’s

breast when his/her own mother cannot breastfeed.
117
CHAPTER I
ROOMING-IN AND BREASTFEEDING OF INFANTS
SEC. 4. Applicability. – The provisions in this Chapter shall apply

to all private and government health institutions adopting rooming-in and
breastfeeding as defined in this Act.
SEC. 5. Normal Spontaneous Deliveries. – The following new-born

infants shall be put to the breast of the mother immediately after birth and
forthwith roomed-in within thirty (30) minutes:
a) well infants regardless of age of gestation; and
b) infants with low birth weights but who can suck.
SEC. 6. Deliveries by Caesarian. – Infants delivered by caesarian

section shall be roomed-in and breastfed within three (3) to four (4) hours
after birth.
SEC. 7. Deliveries Outside Health Institutions. – Newborns delivered

outside health institutions whose mothers have been admitted to the obstetrics
department/unit and who both meet the general conditions stated in Section
5 of this Act, shall be roomed-in and breastfed immediately.
SEC. 8. Exemptions. – Infants whose conditions do not permit

rooming-in and breastfeeding as determined by the attending physician,
and infants whose mothers are either: a) seriously ill; b) taking medications
contraindicated to breastfeeding; c) violent psychotics; or d) whose
conditions do not permit breastfeeding and rooming-in as determined by
the attending physician shall be exempted from the provisions of Section 5,
6, and 7: Provided, That these infants shall be fed expressed breastmilk or
wet-nursed as may be determined by the attending physician.
SEC. 9. Right of the Mother to Breastfeed. – It shall be the mother’s

right to breastfeed her child who equally has the right to her breastmilk.
Bottlefeeding shall be allowed only after the mother has been informed by
118
the attending health personnel of the advantages of breastfeeding and the

proper techniques of infant formula feeding and the mother has opted in
writing to adopt infant formula feeding for her infant.
CHAPTER II
HUMAN MILK BANK
SEC. 10. Provision of Facilities for Breastmilk Collection and Storage.

– The health institution adopting rooming-in and breastfeeding shall provide
equipment, facilities, and supplies for breastmilk collection, storage and
utilization, the standards of which shall be defined by the Department of
Health.
CHAPTER III
INFORMATION, EDUCATION
AND RE-EDUCATION DRIVE
SEC. 11. Continuing Education, Re-education and Training of

Health Personnel. – The Department of Health with the assistance of other
government agencies, professional and non-governmental organizations
shall conduct continuing information, education, re-education, and training
programs for physicians, nurses, midwives, nutritionist-dietitians, community
health workers and traditional birth attendants (TBAs) and other health
personnel on current and updated lactation management.
Information materials shall be given to all health personnel involved

in maternal and infant care in health institutions.
SEC. 12. Information Dissemination to Pregnant Women. – During

the prenatal, perinatal and postnatal consultations and/or confinements
of the mothers of pregnant women in a health institution, it shall be the
obligation of the health institution and the health personnel to immediately
and continuously teach, train, and support the women on current and updated
lactation management and infant care, through participatory strategies such
119
as organization of mothers’ clubs and breastfeeding support groups and to

distribute written information materials on such matters free of charge.
CHAPTER IV
MISCELLANEOUS PROVISIONS
SEC. 13. Incentives. – The expenses incurred by a private health

institution in complying with the provisions of this Act, shall be deductible
expenses for income tax purposes up to twice the actual amount incurred:
Provided, That the deduction shall apply for the taxable period when the
expenses were incurred: Provided, further, That the hospital shall comply
with the provisions of this Act within six (6) months after its approval.
Government health institutions shall receive an additional appropriation

equivalent to the savings they may derive as a result of adopting rooming-in
and breastfeeding. The additional appropriation shall be included in their
budget for the next fiscal year.
SEC. 14. Sanctions. – The Secretary of Health is hereby empowered to

impose sanctions for the violation of this Act and the rules issued thereunder.
Such sanctions may be in the form of reprimand or censure and in cases of
repeated willful violations, suspension of the permit to operate of the erring
health institution.
SEC. 15. Rules and Regulations. – The Secretary of Health, in

consultation with other government agencies, professional and non-
governmental organizations concerned shall promulgate the rules and
regulations necessary to carry out the provisions of this Act.
SEC. 16. Repealing Clause. – All acts, laws, decrees, executive orders,
rules and regulations or parts thereof, which are contrary to or inconsistent
with this Act are hereby repealed, amended, or modified accordingly.
SEC. 17. Separability Clause. – If any clause, sentence, paragraph or

part of this Act shall be declared to be invalid, the remainder of this Act or
any provision not affected thereby shall remain in force and effect.
120
SEC. 18. Effectivity. This Act shall take effect one hundred twenty
(120) days after publication in at least two (2) newspapers of general
circulation.
Approved,
RAMON V. MITRA NEPTALI A. GONZALES

of Representatives
This bill which is a consolidation of Senate Bill No. 1466 and House Bill
No. 34369, was finally passed by the Senate and the House of Representatives
on February 5, 1992 and February 4, 1992, respectively.
CAMILO L. SABIO ANACLETO D. BADOY, JR.

CORAZON C. AQUINO
121
H. No. 6946
H. No. 26431
H. No. 35354
S. No. 1209

Metro Manila
Begun and held in Metro Manila, on Monday the twenty-second day of July,
——■——
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL

PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMATION, PROVIDING PENALTIES FOR ITS VIOLATION,

ARTICLE I
TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS
SECTION 1. Title. – This Act shall be known as the “Special Protection

of Children Against Child Abuse, Exploitation and Discrimination Act.”
SEC. 2. Declaration of State Policy and Principles. – It is hereby

declared to be the policy of the State to provide special protection to children
122
from all forms of abuse, neglect, cruelty, exploitation and discrimination and
other conditions prejudicial to their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and
crisis intervention in situations of child abuse, exploitation and child abuse.
The State shall intervene on behalf of the child when the parent, guardian,
teacher or person having care or custody of the child fails or is unable to
protect the child against abuse, exploitation and discrimination or when such
acts against the child are committed by the said parent, guardian, teacher or
person having care and custody of the same.
It shall be in the policy of the State to protect and rehabilitate children

gravely threatened or endangered by circumstances which affect their
survival and normal development and over which they have no control.
The best interests of children shall be the paramount consideration in

all actions concerning them, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated
in the United Nations Convention on the Rights of Child. Every effort shall
be exerted to promote the welfare of children and enhance their opportunities
for a useful and happy life.
SEC. 3. Definition of Terms. –
a) “Children” refers to persons below eighteen (18) years of age or those

over but are unable to fully take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition;
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;
123
(3) Unreasonable deprivation of his basic needs for survival, such as

food and shelter; or
(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.
c) “Circumstances which gravely threaten or endanger the survival

and normal development of children” include, bur are not limited to, the
following:
(1) Being in a community where there is armed conflict or being

affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and morals

which unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural

areas without the care of parents or a guardian or any adult supervision
needed for their welfare;
(4) Being a member of an indigenous cultural community and/or living

under conditions of extreme poverty or in an area which is underdeveloped
and/or lacks or has inadequate access to basic services needed for a good
quality life;
(5) Being a victim of man-made or natural disaster or calamity; or
(6) Circumstances analogous to those above-stated which endanger

the life, safety or normal development of children.
d) “Comprehensive program against child abuse, exploitation and

discrimination” refers to the coordinated program or services and facilities
to protect children against:
(1) Child prostitution and other sexual abuse;
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(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuse; and
(5) Circumstances which threaten or endanger the survival and normal

development of children.
ARTICLE II
PROGRAM ON CHILD ABUSE,

EXPLOITATION AND DISCRIMATION
SEC. 4. Formulation of the Program. – There shall be a comprehensive

program to be formulated by the Department of Justice and the Department
of Social Welfare and Development in coordination with other government
agencies and private sector concerned, within one (1) year from the effectivity
of this Act, to protect children against child prostitution and other sexual
abuse; child trafficking; obscene publication and indecent shows; other
acts of abuse; and circumstances which endanger child survival and normal
development.
ARTICLE III
CHILD PROSTITUTION AND OTHER SEXUAL ABUSE
SEC. 5. Child Prostitution and other Sexual Abuse. – Children, whether

male of female, who for money, profit, or any other consideration or due to
the coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion

perpetua shall be imposed upon the following:
125
(a) Those who engage in or promote, facilitate or induce child

prostitution which include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;\
(2) Inducing a person to be a client of a child prostitute by means of

written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as

a prostitute;
(4) Threatening or using violence towards a child to engage him as

prostitute; or
(5) Giving monetary consideration, goods or other pecuniary benefit

to a child with the intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse or lascivious

conduct with a child exploited in prostitution or subjected to other sexual
abuse: Provided, That when the victim is under twelve (12) years of age,
the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape
and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for
rape or lascivious conduct, as the case may be: Provided, That the penalty
for lascivious conduct when the victim is under twelve (12) years of age
shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager

or owner of the establishment where the prostitution takes place, or of the
sauna, disco, bar, resort, place of entertainment or establishment serving as
a cover or which engages in prostitution in addition to the activity for which
the license has been issued to said establishment.
SEC. 6. Attempt to Commit Child Prostitution. – There is an attempt

to commit child prostitution under Section 5, paragraph (a) hereof when
any person who, not being a relative of a child, is found alone with the said
child inside the room or cubicle of a house, an inn, hotel, motel, pension
126
house, apartelle or other similar establishments, vessel, vehicle or any other

hidden or secluded area under circumstances which would lead a reasonable
person to believe that the child is about to be exploited in prostitution and
other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph

(b) of Section 5, hereof when any person is receiving services from a child
in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for
the consummated felony under Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of child prostitution under this
Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV
CHILD TRAFFICKING
SEC. 7. Child Trafficking. – Any person who shall engage in trading

and dealing with children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration, or barter, shall
suffer the penalty of reclusion temporal to reclusion perpetua. The penalty
shall be imposed in its maximum period when the victim is under twelve
(12) years of age.
SEC. 8. Attempt to Commit Child Trafficking. – There is an attempt to

commit child trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason
therefore and without clearance issued by the Department of Social Welfare
and Development or written permit or justification from the child’s parents
or legal guardian;
(b) When a pregnant mother executes an affidavit of consent for

adoption for a consideration;
127
(c) When a person, agency, establishment or child-caring institution

recruits women or couples to bear children for the purpose of child
trafficking;
(d) When a doctor, hospital or clinic official or employee, nurse,

midwife, local civil registrar or any other person simulates birth or the
purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-
income families, hospitals, clinics, nurseries, day-care centers, or other child-
caring institutions who can be offered for the purpose of child trafficking.
A penalty lower by two (2) degrees than that prescribed for the
consummated felony under Section 7 hereof shall be imposed upon the
principals of the attempt to commit child trafficking under this Act.
ARTICLE V
OBSCENE PUBLICATIONS AND INDECENT SHOWS
SEC. 9. Obscene Publications and Indecent Shows. – Any person who

shall hire, employ, use, persuade, induce or coerce a child to form in obscene
exhibitions and indecent shows, whether live or in video, pose, or model
in obscene publications or pornographic materials or to sell or to distribute
the said materials shall suffer the penalty of prision mayor in its medium
period.
ARTICLE VI
OTHER ACTS OF ABUSE
SEC. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and

Other Conditions Prejudicial to the Child’s Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty
or exploitation or be responsible for other conditions prejudicial to the
128
child’s development including those covered by Article 59 of Presidential

Decree No. 603, as amended, but not covered by the Revised Penal Code, as
amended, shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve
(12) years under or who is ten (10) years or more his junior in any public or
private place, hotel, motel, beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist resort or similar places
shall suffer the penalty of prision mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000): Provided, That this provision
shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and
tradition, or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one
prohibited by this Act to keep or have in his company a minor as provided
in the preceding paragraph shall suffer the penalty of prision mayor in its
medium period and a fine of not less than Forty thousand pesos (P40,000):
Provided, however, That should the perpetrator be an ascendant, stepparent
or guardian of the minor, the penalty to be imposed shall be prision mayor
in its maximum period, a fine of not less than Fifty thousand pesos (50,000),
and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation
of any public or private place of accommodation, whether for occupancy,
food, drink or otherwise, including residential places, who allows any person
to take along with him to such place or places any minor therein described
shall be imposed a penalty of prision mayor in its medium period and a fine
of not less than Fifty thousand pesos (50,000), and the loss of license to
operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a streetchild
or any other child to:
(1) Beg or use begging as a means of living;
129
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision
correccional in its medium period of reclusion perpetua
For purposes of this Act, the penalty for the commission of acts
punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph
1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of
murder, homicide, other intentional mutilation, and serious physical injuries,
respectively, shall be reclusion perpetua when the victim is under twelve
(12) years of age. The penalty for the commission of acts punishable under
Articles 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised
Penal Code, for the crimes of qualified seduction, acts of lasciviousness
with the consent of the offended party, corruption of minors, and white slave
trade, respectively, shall be one (1) degree higher than that imposed by law
when the victim is under twelve (12) years of age.
The victim of the acts committed under this section shall be entrusted
to the care of the Department of Social Welfare and Development.
ARTICLE VII
CHILDREN IN SITUATIONS OF ARMED CONFLICT
SEC. 11. Sanctions for Establishments or Enterprises which Promote,

Facilitate, or Conduct Activities Constituting Child Prostitution and Other
Sexual Abuse, Child Trafficking , Obscene Publications and Indecent Shows,
and Other Acts of Abuse. – All establishments and enterprises which promote
or facilitate child prostitution and other sexual abuse, child trafficking,
obscene publications and indecent shows, and other acts of abuse shall
be immediately closed and their authority or license to operate cancelled,
without prejudice o the owner or manager thereof being prosecuted under
this Act and/or the Revised Penal Code, as amended, or special laws. A
sign with the words “off limits” shall be conspicuously displayed outside
the establishments or enterprises by the Department of Social Welfare and
Development for such period which shall not be less than one (1) year, as
130
the Department may determine. The unauthorized removal of such sign shall
be punishable by prision correctional.
An establishment shall be deemed to promote or facilitate child

prostitution and other sexual abuse, child trafficking, obscene publications
and indecent shows, and other acts of abuse if the acts constituting the same
occur in the premises of said establishment under this Act or in violation of
the Revised Penal Code, as amended. An enterprise such as sauna, travel
agency, or recruitment agency which: promotes the aforementioned acts as
part of a tour for foreign tourists; exhibits children in a lewd or indecent
show; provides child masseurs for adults of the same or opposite sex and
said services include any lascivious conduct with the customer; or solicits
children for activities constituting the aforementioned acts shall be deemed
to have committed the acts penalized herein.
ARTICLE VIII
WORKING CHILDREN
SEC. 12. Employment of Children. – Children below fifteen (15) years of

age may be employed: Provided, That the following minimum requirements
are present:
(a) The employer shall secure for the child a work permit from the
Department of Labor and Employment;
(b) The employer shall ensure the protection, health, safety and morals
of the child;
(c) The employer shall institute measures to prevent exploitation or

discrimination taking into account the system and level of remuneration,
and the duration and arrangement of working time; and
(d) The employer shall formulate and implement a continuous program

for training and skill acquisition of the child.
131
The Department of Labor and Employment shall promulgate rules and

regulations necessary for the effective implementation of this section.
SEC. 13. Non-formal Education for Working Children. – The Department

of Education , Culture and Sports shall promulgate a course design under its
non-formal education program aimed at promoting the intellectual, moral and
vocational efficiency of working children who have not undergone or finished
elementary or secondary education. Such course design shall integrate the
learning process deemed most effective under given circumstances.
SEC. 14. Prohibition on the Employment of Children in Certain

Advertisements. – No person shall employ child models in all commercials or
advertisements promoting alcoholic beverages, intoxicating drinks, tobacco
and its byproducts, and violence.
SEC. 15. Duty of Employer. – Every employer shall comply with the
duties provided for in Articles 108 and 109 of Presidential Decree No.
603.
SEC. 16. Penalties. - Any person who shall violate any provision of this
Article shall suffer the penalty of a fine of not less than One thousand Pesos
(P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment
of not less than three (3) months but not more than three (3) years, or both
at the discretion of the court: Provided, That, in case of repeated violations
of the provisions of this Article, the offender’s license to operate shall be
revoked.
ARTICLE IX
CHILDREN OF INDIGENOUS CULTURAL COMMUNITIES
SEC. 17. Survival, Protection and Development. – In addition to

the rights guaranteed to children under this Act and other existing laws,
children of indigenous cultural communities shall be entitled to protection,
survival and development consistent with the customs and traditions of their
respective communities.
132
SEC. 18. System of and Access to Education. – The Department of

Education, Culture and Sports shall develop and institute an alternative
system of education for children of indigenous cultural communities which
is culture-specific and relevant to the needs and the existing situation in
their communities. The Department of Education, and Culture and Sports
shall also accredit and support non-formal but functional indigenous
educational programs conducted by nongovernmental organizations in said
communities.
SEC. 19. Health and Nutrition. – The delivery of basic social services
in health and nutrition to children of indigenous cultural communities shall
be given priority by all government agencies concerned. Hospitals and
other health institution shall ensure that children of indigenous cultural
communities are given equal attention. In the provision of health and nutrition
services to children of indigenous cultural communities, indigenous health
practices shall be respected and recognized.
SEC. 20. Discrimination. – Children of indigenous cultural communities

shall not be subjected to any and all forms of discrimination.
Any person who discriminates against children of indigenous cultural

communities shall suffer a penalty of arresto mayor in its maximum period
and a fine of not less than Five thousand pesos (P5,000) nor more than Ten
thousand pesos (P10,000).
SEC. 21. Participation. – Indigenous cultural communities, through

their duly-designated or appointed representatives shall be involved in
planning, decision-making, implementation, and evaluation of all government
programs affecting children of indigenous cultural communities. Indigenous
institutions shall also be recognized and respected.
ARTICLE X
CHILDREN IN SITUATIONS OF ARMED CONFLICT
SEC. 22. Children as Zones of Peace. – Children are hereby declared

as Zones of Peace. It shall be the responsibility of the State and all other
133
sectors concerned to resolve armed conflicts in order to promote the goal of

children as zones of peace. To attain this objective, the following policies
shall be observed:
(a) Children shall not be the object of attack and shall be entitled to
special respect. They shall be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed

Forces of the Philippines or its civilian units or other armed groups, nor be
allowed to take part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health

and emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including
those involved in fact-finding missions from both government and non-
government institutions shall be ensured. They shall not be subjected to
undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units
shall not be utilized for military purposes such as command posts, barracks,
detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of

families temporarily separated due to armed conflict.
SEC. 23. Evacuation of Children During Armed Conflict. – Children

shall be given priority during evacuation as a result of armed conflict. Existing
community organizations shall be tapped to look after the safety and well-
being of children during evacuation operations. Measures shall be taken to
ensure that children evacuated are accompanied by persons responsible for
their safety and well-being.
SEC. 24. Family Life and Temporary Shelter. – Whenever possible,

members of the same family shall be housed in the same premises and given
134
separate accommodation from other evacuees and provided with facilities

to lead a normal family life. In places of temporary shelter, expectant and
nursing mothers and children shall be given additional food in proportion
to their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.
SEC. 25. Rights of Children Arrested for Reasons Related to Armed

Conflict. – Any child who has been arrested for reasons related to armed
conflict, either as combatant, courier, guide or spy is entitled to the following
rights:
(a) Separate detention from adults except where families are

accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardian of the

child; and
(d) Release of the child on recognizance within twenty-four (24) hours

to the custody of the Department of Social Welfare and Development or any
responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should
find that the aforesaid child has committed the acts charged against him,
the court shall determine the imposable penalty, including any civil liability
chargeable against him. However, instead of pronouncing judgment of
conviction, the court shall suspend all further proceedings and shall commit
such child to the custody or care of the Department of Social Welfare and
Development or to any training institution operated by the Government,
or duly-licensed agencies or any other responsible person, until he has had
reached eighteen (18) years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the
Department of Social Welfare and Development or the agency or responsible
individual under whose care he has been committed.
135
The aforesaid child shall be subject to visitation and supervision by

a representative of the Department of Social Welfare and Development or
any duly-licensed agency or such other officer as the court may designate
subject to such conditions as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the
order of the court in the same manner as appeals in criminal cases.
SEC. 26. Monitoring and Reporting of Children in Situations of Armed

Conflict. – The chairman of the barangay affected by the armed conflict shall
submit the names of children residing in said barangay to the municipal
social welfare and development officer within twenty-four (24) hours from
the occurrence of the armed conflict.
ARTICLE XI
REMEDIAL PROCEDURES
SEC. 27. Who May File a Complaint. – Complaints on case of 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) Officer, social worker or representative of a licensed child-rearing

institutions;
(e) Officer or social worker of the Department of Social Work and

Development;
(f) Barangay chairman; or
136
(g) At least three (3) concerned, responsible citizens where the violation
occurred.
SEC. 28. Protective Custody of the Child. – The offended party shall
be immediately placed under the custody of the Department of the Social
Welfare and Development pursuant to Executive Order No. 56, series of 1986.
In the regular performance of this function, the officer of the Department of
the Social Welfare and Development shall be free from any administrative,
civil or criminal liability. Custody proceedings shall be in accordance with
the provisions of Presidential Decree No. 603.
SEC. 29. Confidentiality. – At the instance of the offended party, his

name may be withheld from the public until the court acquires jurisdiction
over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist

in case of printed materials, announcer or producer in case of television
and radio broadcasting, producer and director of the film in case of the
movie industry, to cause undue and sensationalized publicity of any case of
violation of this Act which results in the moral degradation and suffering of
the offended party.
SEC. 30. Special Court Proceedings. – Cases involving violations of

this Act shall be heard in the chambers of the judge of the Regional Trial
Court duly designated as Juvenile and Domestic Relations Court.
Any provision of existing law to the contrary notwithstanding and with

the exception of habeas corpus, election cases, and cases involving detention
prisoners and persons covered by Republic Act No. 4908, all courts shall
give preference to the hearing or disposition cases involving violations of
this Act.
137
ARTICLE XII
COMMON PENAL PROVISIONS
SEC. 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its
maximum period if the offender has been previously convicted under this
Act;
(b) When the offender is a corporation, partnership or association, the

officer of employee thereof who is responsible for the violation of this Act
shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum

period when the perpetrator is an ascendant, parent, guardian, stepparent or
collateral relative within the second degree of consanguinity or affinity, or
a manager or owner of an establishment which has no license to operate or
its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately

after service of sentence and forever barred from entry to the country;
(e) The penalty provided for this Act shall be imposed in its maximum
period if the offender is a public officer or employee: Provided, however,
That if the penalty imposed is reclusion perpetua or reclusion temporal,
then the penalty of perpetual or temporary absolute disqualification shall
also be imposed: Provided, finally, That if the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall also be
imposed; and
(f) A fine to be determined by the court shall be imposed and

administered as a cash fund by the Department of Social Welfare and
Development and disbursed for the rehabilitation of each child victim, or
any immediate member of his family if the latter is the perpetrator of the
offense.
138
ARTICLE XIII
FINAL PROVISIONS
SEC. 32. Rules and Regulations. – Unless otherwise provided in this

Act, the Department of Justice, in coordination with the Department of Social
Welfare and Development, shall promulgate rules and regulations for the
effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in
two (2) national newspapers of general circulation.
SEC. 33. Appropriations. – The amount necessary to carry out the

provisions of this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following its enactment into law and
thereafter.
SEC. 34. Separability Clause. – If any provision of this Act is declared

invalid or unconstitutional, the remaining provisions not affected thereby
shall continue in full force and effect.
SEC. 35. Repealing Clause. – All laws, decrees, or rules inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.
SEC. 36. Effectivity Clause. – This Act shall take effect upon
completion of its publication in al least two (2) national newspapers of
Approved,
NEPTALI A. GONZALES RAMON V. MITRA

Representatives
139
This Act which is a consolidation House Bill Nos. 6946, 29431, 35354
and Senate Bill No. 1209 was finally passed by the House of Representatives
and the Senate on February 7, 1992.
ANACLETO D. BADOY, JR. CAMILO L. SABIO

Secretary of the Senate Secretary General
CORAZON C. AQUINO
140
H. No. 31366
S. No. 108

Metro Manila
——■——
AN ACT INTEGRATING DRUG PREVENTION AND CONTROL IN

THE INTERMEDIATE AND SECONDARY CURRICULA AS WELL
AS IN THE NONFORMAL, INFORMAL AND INDIGENOUS
LEARNING SYSTEMS AND FOR OTHER PURPOSES

SECTION 1. There shall be integrated in the intermediate and secondary

curricula whether in public or private schools as well as in the nonformal,
informal, and indigenous learning programs the ill effects of drug abuse,
drug addiction, or drug dependency.
S EC. 2. The Department of Education, Culture and Sports in

coordination with the Department of Health and the Dangerous Drugs Board
shall promulgate such rules and regulations as may be necessary for effective
implementation of this Act.
141
SEC. 3. The Department of Education, Culture and Sports may enlist

the assistance of any government agency or instrumentality to carry out the
objectives of this Act.
SEC. 4. All instructional materials needed by the public schools to

teach the subject matter as provided under this Act shall be supplied by the
Department of Education, Culture and Sports.
Approved.
NEPTALI A. GONZALES RAMON V. MITRA

President of the Senate Speaker of the House
of Representatives
This Act which is a consolidation of House Bill No. 31366 and Senate
Bill No. 108 was finally passed by the House of Representatives and the
Senate on January 20, 1992 and October 22, 1991, respectively.
ANACLETO D. BADOY, JR. CAMILO L. SABIO

Approved: July 11, 1992
FIDEL V. RAMOS
142
S. No. 1155
H. No. 8179

Metro Manila
Second Regular Session
Begun and held in Metro Manila, on Monday the twenty-sixth day of July,
nineteen hundred and ninety-three.
——■——
AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW

15 YEARS OF AGE IN PUBLIC AND PRIVATE UNDERTAKINGS,
AMENDING FOR THIS PURPOSE SECTION 12, ARTICLE VIII
OF R.A. 7610

SECTION 1. Section 12, Article VIII of R.A. No. 7610 otherwise known
as the “Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act” is hereby amended to read as follows:
“SEC. 12. Employment of Children. – Children below fifteen (15) years

of age shall not be employed except:
1) When a child works directly under the sole responsibility of his

parents or legal guardian and where only members of the employer’s family
are employed: Provide, however, That his employment neither endangers
143
his life, safety, health and morals, nor impairs his normal development:
Provided, further, That the parent or legal guardian shall provide the said
minor child with the prescribed primary and/or secondary education; or
2) Where a child’s employment or participation in public entertainment

or information through cinema, theater, radio or television is essential:
Provided, 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:
and Provided, That the following requirements in all instances are strictly
complied with:
(a) The employer shall ensure the protection, health, safety, morals and
normal development of the child;
(b) 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
(c) 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.
The Department of Labor and Employment shall promulgate rules and

regulations necessary for the effective implementation of this Section.”
SEC. 2. All laws, decrees, executive orders, rules and regulations or

parts thereof contrary to, or inconsistent with this Act are hereby modified
or repealed accordingly.
144
SEC. 3. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national newspapers
of general circulation whichever comes earlier.
Approved,
JOSE DE VENECIA, JR EDGARDO J. ANGARA

of Representatives
This Bill, which is a consolidation of Senate Bill No. 1155 and

House Bill No. 8179, was finally passed by the Senate and the House of
Representatives on October 7, 1993 and October 6, 1993, respectively.
CAMILO L. SABIO EDGARDO E. TUMANGAN

FIDEL V. RAMOS
145
S. No.
H. No. 11104

Metro Manila
Begun and held in Metro Manila, on Monday the twenty-fifth day of July,
nineteen hundred and ninety-four.
——■——
AN ACT TO LENGTHEN THE SCHOOL CALENDAR FROM TWO

HUNDRED (200) DAYS TO NOT MORE THAN TWO HUNDRED
TWENTY (220) CLASS DAYS

SECTION 1. Lengthening of School Calendar. – Any provision of law

to the contrary notwithstanding, the school calendar for each year beginning
school year 1995-1996, shall be lengthened to not more than two hundred
twenty (220) class days, inclusive of class days which may be subsequently
suspended due to natural or man-made calamities.
The increase in the number of school days during the school year
shall not be considered as a basis for additional pay for teachers who are
paid salaries for the entire twelve (12) months of the school year: Provided,
That the preceding provision shall not apply to those who are paid salaries
computed by the number of hours they actually teach or whose salaries and
146
hours of work are governed by existing Collective Bargaining Agreements

(CBAs).
SEC. 2. Non-reduction of Class Hours. – The total number of class

hours per day provided under the present system shall not be reduced to
compensate for the increase in class days.
SEC. 3. Start of the School Year. – The school year shall start on the
first Monday of June but not later than the last day of August.
In the implementation of this Act, the Secretary of Education, Culture

and Sports shall determine the end of the regular school year, taking into
consideration the Christmas and summer vacations, and the peculiar
circumstances of each region.
In the exercise of this authority, the Secretary of Education, Culture

and Sports may authorize the holding of Saturday classes for elementary
and secondary levels for public and private schools.
SEC. 4. Issuance of Rules and Regulations. – The Secretary of

Education, Culture and Sports shall issue, within ninety (90) days after the
approval of this Act, the necessary rules and regulations to implement this
Act and ensure that the total class days prescribed in this Act shall be devoted
to the attainment of learning objectives.
The DECS shall submit to the Committees on Education, Arts and

Culture of both Houses of Congress copies of the implementing rules and
guidelines within thirty (30) days after its promulgation.
SEC. 5. Repealing Clause. – All laws, presidential decrees, executive

orders, rules and regulations or parts thereof inconsistent with this Act are
hereby repealed or modified accordingly.
SEC. 6. Effectivity Clause. – This Act shall take effect upon its
approval.
Approved.
147

of Representatives
This Act, which is a consolidation of Senate Bill No. 463 and House Bill
on August 18, 1994 and August 23, 1994, respectively.

Approved: 25 August 1994
FIDEL V. RAMOS
148
S. No. 498

Metro Manila
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July,
nineteen hundred and ninety-three.
——■——
AN ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232,

OTHERWISE KNOWN AS THE “EDUCATION ACT OF 1982”

SECTION 1. Section 25, Chapter 3 of the Education Act of 1982 is

“SEC. 25. Establishment of Schools. – All schools shall be established

in accordance with law. The establishment of new national schools and
the conversion of existing schools from elementary to national secondary
schools or from secondary to national secondary or tertiary schools shall
be by law: Provided, That any private school proposed to be established
must incorporate as either a non-stock or a stock educational corporation in
accordance with the provisions of the Corporation Code of the Philippines.
This requirement to incorporate may be waived in the case of family-
administered pre-school institutions.
149
Provided, That the minimum paid-up capital for stock: educational

institutions for those engaged in elementary education shall not be less
than One million pesos (P 1,000,000.00); not less than Two million
five hundred thousand pesos (P 2,500,000.00) for those offering both
elementary and secondary education; and not less than Five million pesos
(P 5,000,000.00) for those offering elementary, secondary and tertiary and
postgraduate courses, except existing educational institutions organized as
stock corporations which may retain their original capitalization.
“Existing educational institutions organized as stock corporations may

automatically apply for renewal of their corporate existence when the original
period is about to expire.
“Provided, finally, That stock educational institutions may be allowed

only in capital-intensive courses of study as may be determined by the
Department of Education, Culture and Sports, the Commission on Higher
Education, and the Department of Science and Technology, as the case may
be.
“Any school that is established or organized as a stock corporation shall

be ineligible for any form of government subsidy, incentive or assistance,
except those given to individual students and teachers in the form of
scholarships, student loans or other forms of subsidy as already mandated
under existing laws. Government assistance to non-stock schools for
educational programs shall be used exclusively for that purpose.
“Taxes shall not be due on donations to educational corporations.”
SEC. 2. The Department of Education, Culture and Sports and

the Commission on Higher Education, as the case may be, are hereby
authorized to formulate within sixty (60) days from the approval of this Act
implementing rules and guidelines governing the establishment and operation
of stock educational corporations that may be organized pursuant to this Act
with particular emphasis on meeting the objectives of quality education and
academic excellence provided for by the provisions of Batas Pambansa Blg.
232, otherwise known as the Education Act of 1982.
150
SEC. 3. All laws, rules and ordinances inconsistent with this Act are
SEC. 4. This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.
Approved.
EDGARDO J. ANGARA JOSE DE VENECIA, JR.

of Representatives
Senate on June 1, 1994 and June 2, 1994, respectively.
EDGARDO E. TUMANGAN CAMILO L. SABIO

Approved: 25 August 1994
FIDEL V. RAMOS
151
S. No. 642
H. No. 12128

Metro Manila
——■——
AN ACT REQUIRING COMPULSORY IMMUNIZATION AGAINST

HEPATITIS-B FOR INFANTS AND CHILDREN BELOW EIGHT (8)
YEARS OLD, AMENDING FOR THE PURPOSE PRESIDENTIAL
DECREE NO. 996, AND APPROPRIATING FUNDS THEREFOR

SECTION 1. Section 2 of Presidential Decree No. 996, is hereby amended

to read as follows:
“SEC. 2 Scope. – Basic immunization services shall include: (a) BCG

Vaccination against tuberculosis; (b) Inoculation against diptheria, tetanus,
and pertussis; (c) Oral poliomyelitis immunization; (d) Protection against
measles; (e) Immunization against rubella; (f) Immunization against
Hepatitis-B; (g) such other basic immunization services for infants and
children below eight years of age as determined by the Secretary of Health
in a department circular: Provided, That newborn infants of women with
152
Hepatitis-B shall be given immunization against Hepatitis-B within twenty-

four (24) hours after birth.”
SEC. 2. The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following
its enactment into law and thereafter.
SEC. 3. This Act shall take effect upon its approval and completion
of its publication in at least two (2) newspapers of general circulation.
Approved,

of Representatives
on December 8, 1994 and December 20, 1994, respectively.

Approved: December 30, 1994
FIDEL V. RAMOS
153
S. No. 2003
H. No. 13063

Metro Manila
——■——
AN ACT PROVIDING FOR THE FAIR AND EQUITABLE ALLOCATION

OF THE DEPARTMENT OF EDUCATION, CULTURE AND
SPORTS’ BUDGET FOR CAPITAL OUTLAY

SECTION 1. Title. – This Act shall be known and cited as the “Fair and
Equitable Access to Education Act.”
SEC. 2. Declaration of Policy. – It is hereby declared the policy

of the State to uphold the primacy of education, to foster patriotism and
nationalism, accelerate social progress, and promote total human liberation
and development. Accordingly, the State shall provide for the development
of its citizenry as represented by all legislative districts by ensuring them
fair and equitable access to the infrastructure and tools necessary for quality
education. Towards this end, the State shall provide all legislative districts a
minimum and continuing level of educational development by establishing
an objective mechanism that would make equitable the allocation of the
154
Department of Education, Culture and Sports’ (DECS) budget for capital

outlay.
SEC. 3. Definition of Terms. – As used in this Act, the following terms

are hereby defined as follows:
a) Capital outlay – refers to the provisions of the General Appropriations

Act, particularly those pertaining to the budget of the DECS for elementary
and secondary education for (i) the acquisition and improvement of sites;
(ii) the construction, replacement, rehabilitation and repair of buildings,
classrooms, libraries, workshops, toilets and other structures; and (iii)
furniture, fixtures, and equipment such as, but not limited to, desks, chairs,
laboratory and workshop implements, computers, books, and the other basic
and essential tools for learning whose beneficial use shall exceed one (1)
year; and
b) Classroom shortage – refers to the number of classrooms whose

construction, in considering the number of students divided by the existing
number of classrooms, shall result in a student-classroom ratio of 45:1;
classrooms shall mean those exclusively used for instructional purposes and
shall exclude offices, libraries, laboratories, workshops and the like.
SEC. 4. Allocation of Appropriation. – Notwithstanding any provision

of the law to the contrary, the annual DECS budget for capital outlay, as
defined in Section 3 (a), shall be allocated among the legislative districts in
the following manner:
a) On the first year of the effectivity of this Act:
1) thirty percent (30%) of the total capital outlay to be allocated pro-

rata according to each legislative district’s student population in relation to
the total student population of the country;
2) sixty percent (60%) of the total capital outlay to be allocated only

among those legislative districts with classroom shortages as defined in
Section 3 (b), pro-rata to the total classroom shortage of the country pursuant
to Section 3 (b) as determined by the DECS;
155
3) ten percent (10%) to be allocated in accordance with the

implementation of the policy of this Act as may be determined by the
DECS.
b) On the second year and every year thereafter:
1) fifty percent (50%) of total capital outlay to be allocated pro-rata

according to each legislative district’s student-population in relation to the
total student population of the country;
2) forty percent (40%) of the total capital outlay allocated only among
those legislative districts with classroom shortages, as defined in Section
3 (b), pro-rata to the total classroom shortage of the country pursuant to
Section 3 (b) as determined by the DECS; and
3) ten percent (10%) to be allocated in accordance with the

implementation of the policy of this Act as may be determined by the
DECS.
SEC. 5. Use of Allocation. – The total amount allocated herein shall be

used exclusively for capital outlay pursuant to the educational priorities of
the legislative district, as determined by the DECS upon prior consultation
with the representative of each legislative district: Provided, That the primary
objective in the use of any allocation shall be to eliminate classroom shortages
if any: Provided, further, That any amounts allocated in accordance with
subparagraph (1) of paragraphs (a) and (b) of the preceding section shall be
used only for the acquisition or improvement of school sites, construction of
schoolbuildings and classrooms and the purchase of material or equipment
that directly aid in education: Provided, furthermore, That the amount so
appropriated in accordance with subparagraph (2) of paragraphs (a) and (b)
of the same section shall be used exclusively for the construction of new
schoolbuildings: Provided, finally, That if the amount so appropriated in
subparagraph (2) of paragraphs (a) and (b) should exceed the amount required
to meet classroom shortage, the excess shall be integrated with subparagraph
(1) of paragraphs (a) and (b) of the same section excluding capital outlays
of division offices, regional and central offices.
156
SEC. 6. Implementing Rules and Regulations. – The DECS, upon

prior consultation with the Department of Budget and Management, shall
promulgate the necessary rules and regulations for the immediate and
effective implementation of this Act within a period of sixty (60) days
after its effectivity. The DECS officials shall submit to the Committees
on Finance, and Education, Arts and Culture of both Houses of Congress
copies of the implementing rules and regulations within thirty (30) days after
its promulgation. Any violation of this Section shall render the concerned
official liable under Republic Act No. 6713, otherwise known as the “Code
of Conduct and Ethical Standards for Public Officials and Employees,” and
other existing administrative and/or criminal laws.
SEC. 7. Certification. – Any person charged in the implementation

of this Act shall certify under oath to be attached in the payroll or salary
voucher under which his salary is paid that the provision of this Act on the
allocation of appropriation for the year as provided under Section 4 has been
fully complied with.
SEC. 8. Penal Clause. – Any public official or employee or private

individual who willfully or knowingly misappropriates the funds allocated
herein or uses the same for personal gain in violation of Section 5 of this
Act shall be punished with perpetual disqualification from public office and
imprisonment for not less than six (6) years but not more than fifteen (15)
years.
SEC. 9. Release of Capital Outlays. – The appropriation herein

provided for the construction, rehabilitation, replacement completion and
repair of schoolbuildings shall be directly released to and administered by
the Department of Public Works and Highways based on the work program
submitted by the DECS: Provided, That fifty percent (50%) of the total
appropriation for capital outlay shall be released automatically on the first
quarter of the calendar year, including its corresponding notice of cash
allocation.

unconstitutional, the same shall not affect the validity and effectivity of the
other provision hereof.
157
SEC. 11. Repealing Clause. – All laws, decrees, orders, rules and
regulations, and all other issuances or parts thereof, which are inconsistent
with this Act are hereby repealed or modified accordingly.
Approved,

of Representatives
This Act, which is a consolidation of Senate Bill No. 2003 and

House Bill No. 13063, was finally passed by the Senate and the House of
Representatives on February 7, 1995.

Approved: February 20, 1995
FIDEL V. RAMOS
158
S. No. 1984
H. No. 10363

Metro Manila
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July,
——■——
AN ACT ESTABLISHING THE RULES TO GOVERN INTERCOUNTRY

ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER
PURPOSES

ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. -This Act shall be known as the “Inter-Country

Adoption Act of 1995.”
SEC. 2. Declaration of Policy. – It is hereby declared the policy of the

State to provide every neglected and abandoned child with a family that will
provide such child with love and care as well as opportunities for growth
and development. Towards this end, efforts shall be exerted to place the
child with an adoptive family in the Philippines. However, recognizing that
159
inter-country adoption may be considered as allowing aliens, not presently

allowed by law to adopt Filipino children if such children cannot be adopted
by qualified Filipino citizens or aliens, the State shall take measures to ensure
that inter-country adoptions are allowed when the same shall prove beneficial
to the child’s best interests, and shall serve and protect his/her fundamental
rights.
SEC. 3. Definition of Terms. – As used in this Act, the term:
a) Inter-country adoption refers to the socio-legal process of adopting

a Filipino child by a foreigner or a Filipino citizen permanently residing
abroad where the petition is filed, the supervised trial custody is undertaken,
and the decree of adoption is issued outside the Philippines.
b) Child means a person below fifteen (15) years of age unless sooner
emancipated by law.
c) Department refers to the Department of Social Welfare and

Development of the Republic of the Philippines.
d) Secretary refers to the Secretary of the Department of Social Welfare

and Development.
e) Authorized and accredited agency refers to the State welfare agency

or a licensed adoption agency in the country of the adopting parents which
provide comprehensive social services and which is duly recognized by the
Department.
f) Legally-free child means a child who has been voluntarily or

involuntarily committed to the Department, in accordance with the Child
and Youth Welfare Code.
g) Matching refers to the judicious pairing of the adoptive child and

the applicant to promote a mutually satisfying parent-child relationship.
h) Board refers to the Inter-country Adoption Board.
160
ARTICLE II
THE INTER-COUNTRY ADOPTION BOARD
SEC. 4. The Inter-Country Adoption Board. – There is hereby created

the Inter-Country Adoption Board, hereinafter referred to as the Board, to act
as the central authority in matters relating to inter-country adoption. It shall
act as the policy-making body for purposes of carrying out the provisions of
this Act, in consultation and coordination with the Department, the different
child-care and placement agencies, adoptive agencies, as well as non-
governmental organizations engaged in childcare and placement activities.
As such, it shall:
a) Protect the Filipino child from abuse, exploitation, trafficking and/

or sale or any other practice in connection with adoption which is harmful,
detrimental, or prejudicial to the child;
b) Collect, maintain, and preserve confidential information about the

child and the adoptive parents;
c) Monitor, follow up, and facilitate completion of adoption of the

child through authorized and accredited agency;
d) Prevent improper financial or other gain in connection with an

adoption and deter improper practices contrary to this Act;
e) Promote the development of adoption services including post legal

adoption;
f) License and accredit child-caring/placement agencies and collaborate

with them in the placement of Filipino children;
g) Accredit and authorize foreign adoption agency in the placement

of Filipino children in their own country; and
161
h) Cancel the license to operate and blacklist the child-caring and

placement agency or adoptive agency involved from the accreditation list
of the Board upon a finding of violation of any provision under this Act.
SEC. 5. Composition of the Board. – The Board shall be composed

of the Secretary of the Department as ex officio Chairman, and six (6) other
members to be appointed by the President for a nonrenewable term of six
(6) years: Provided, That there shall be appointed one (1) psychiatrist or
psychologist, two (2) lawyers who shall have at least the qualifications of
a regional trial court judge, one (1) registered social worker and two (2)
representatives from non-governmental organizations engaged in child-
caring and placement activities. The members of the Board shall receive a
per diem allowance of One thousand five hundred pesos (P1,500) for each
meeting attended by them: Provided. further, That no compensation shall
be paid for more than four (4) meetings a month.
SEC. 6. Powers and Functions of the Board. – The Board shall have
the following powers and functions:
a) to prescribe rules and regulations as it may deem reasonably

necessary to carry out the provisions of this Act, after consultation and upon
favorable recommendation of the different agencies concerned with child-
caring, placement, and adoption;
b) to set the guidelines for the convening of an Inter-country Adoption

Placement Committee which shall be under the direct supervision of the
Board;
c) to set the guidelines for the manner by which selection/matching or

prospective adoptive parents and adoptive child can be made;
d) to determine a reasonable schedule of fees and charges to be exacted

in connection with the application for adoption;
e) to determine the form and contents of the application for inter-country

adoption;
162
f) to formulate and develop policies, programs and services that will

protect the Filipino child from abuse, exploitation, trafficking and other
adoption practice that is harmful, detrimental and prejudicial to the best
interest of the child;
g) to institute systems and procedures to prevent improper financial

gain in connection with adoption and deter improper practices which are
contrary to this Act;
h) to promote the development of adoption services, including post-

legal adoption services;
i) to accredit and authorize foreign private adoption agencies which

have demonstrated professionalism, competence and have consistently
pursued non-profit objectives to engage in the placement of Filipino children
in their own country: Provided, That such foreign private agencies are duly
authorized and accredited by their o\m government to conduct inter-country
adoption: Provided. however, That the total number of authorized and
accredited foreign private adoption agencies shall not exceed one hundred
(l00) a year;
j) to take appropriate measures to ensure confidentiality of the records

of the child, the natural parents and the adoptive parents at all times;
k) to prepare, review or modify, and thereafter, recommend to the

Department of Foreign Affairs, Memoranda of Agreement respecting
inter-country adoption consistent with the implementation of this Act and
its stated goals, entered into, between and among foreign governments,
international organizations and recognized international nongovernmental
organizations;
l) to assist other concerned agencies and the courts in the implementation

of this Act, particularly as regards coordination with foreign persons, agencies
and other entities involved in the process of adoption and the physical transfer
of the child; and
163
m) to perform such other functions on matters relating to inter-country

adoption as may be determined by the President.
ARTICLE III
PROCEDURE
SEC. 7. Inter-Country Adoption as the Last Resort. – The Board shall

ensure that all possibilities for adoption of the child under the Family Code
have been exhausted and that inter-country adoption is in the best interest of
the child. Towards this end, the Board shall set up the guidelines to ensure
that steps will be taken to place the child in the Philippines before the child
is placed for inter-country adoption: Provided, however, That the maximum
number that may be allowed for foreign adoption shall not exceed six hundred
(600) a year for the first five (5) years.
SEC. 8. Who May be Adopted. – Only a legally free child may be the
subject of inter-country adoption. In order that such child may be considered
for placement, the following documents must be submitted to the Board:
a) Child study;
b) Birth certificate/foundling certificate;
c) Deed of voluntary commitment/decree of abandonment/death

certificate of parents;
d) Medical evaluation/history;
e) Psychological evaluation, as necessary; and
f) Recent photo of the child.
SEC. 9. Who May Adopt. – Any alien or a Filipino citizen permanently

residing abroad may file an application for inter-Country adoption of a
Filipino child if he/she:
164
a) is at least twenty-seven(27)years of age and at least sixteen (16)

years older than the child to be adopted, at the time of application unless
the adoptor is the parent by nature of the child to be adopted or the spouse
of such parent;
b) if married, his/her spouse must jointly file for the adoption;
c) has the capacity to act and assume all rights and responsibilities of
parental authority under his national laws, and has undergone the appropriate
counseling from an accredited counselor in his/her country;
d) has not been convicted of a crime involving moral turpitude;
e) is eligible to adopt under his/her national law;
f) is in a position to provide the proper care and support and to give

the necessary moral values and example to all his children, including the
child to be adopted;
g) agrees to uphold the basic rights of the child as embodied under

Philippine laws, the U.N. Convention on the Rights of the Child, and to
abide by the rules and regulations issued to implement the provisions of this
Act;
h) comes from a country with whom the Philippines has diplomatic

relations and whose government maintains a similarly authorized and
accredited agency and that adoption is allowed under his/her national laws;
and
i) possesses all the qualifications and none of the disqualifications

provided herein and in other applicable Philippine laws.
SEC. 10. Where to File Application. – An application to adopt a

Filipino child shall be filed either with the Philippine Regional Trial Court
having jurisdiction over the child, or with the Board, through an intermediate
agency, whether governmental or an authorized and accredited agency, in
the country of the prospective adoptive parents, which application shall be
165
in accordance with the requirements as set forth in the implementing rules

and regulations to be promulgated by the Board.
The application shall be supported by the following documents written

and officially translated in English:
a) Birth certificate of applicant(s);
b) Marriage contract, if married, and divorce decree, if applicable;
c) Written consent of their biological or adopted children above ten

(10) years of age, in the form of sworn statement;
d) Physical, medical and psychological evaluation by a duly licensed

physician and psychologist;
e) Income tax returns or any document showing the financial capability

of the applicant(s);
f) Police clearance of applicant(s);
g) Character reference from the local church/minister, the applicant’s

employer and a member of the immediate community who have known the
applicant(s) for at least five (5) years; and
h) Recent postcard-size pictures of the applicant(s) and his immediate

family.
The Rules of Court shall apply in case of adoption by judicial

proceedings.
SEC. 11. Family Selection/Matching. – No child shall be matched to a

foreign adoptive family unless it is satisfactorily shown that the child cannot
be adopted locally. The clearance, as issued by the Board, with the copy of
the minutes of the meetings, shall form part of the records of the child to
be adopted. When the Board is ready to transmit the Placement Authority
to the authorized and accredited inter-country adoption agency and all the
166
travel documents of the child are ready, the adoptive parents, or anyone of
them, shall personally fetch the child in the Philippines.
SEC. 12. Pre-adoptive Placement Costs. – The applicant(s) shall bear

the following costs incidental to the placement of the child:
a) The cost of bringing the child from the Philippines to the residence of
the applicant(s) abroad, including all travel expenses within the Philippines
and abroad: and
b) The cost of passport, visa, medical examination and psychological

evaluation required, and other related expenses.
SEC. 13. Fees, Charges and Assessments. – Fees, charges, and

assessments collected bv the Board in the exercise of its functions shall be
used solely to process applications for inter-country adoption and to support
the activities of the Board.
SEC. 14. Supervision of Trial Custody. – The governmental agency or

the authorized and accredited agency in the country of the adoptive parents
which filed the application for inter-country adoption shall be responsible
for the trial custody and the care of the child. It shall also provide family
counseling and other related services. The trial custody shall be for a period of
six(6) months from the time of placement. Only after the lapse of the period
of trial custody shall a decree of adoption be issued in the said country, a
copy of which shall be sent to the Board to form part of the records of the
child.
During the trial custody, the adopting parent(s) shall submit to the
governmental agency or the authorized and accredited agency, which shall in
turn transmit a copy to the Board, a progress report of the child’s adjustment.
The progress report shall be taken into consideration in deciding whether or
not to issue the decree of adoption.
The Department of Foreign Affairs shall set-up a system by which

Filipino children sent abroad for trial custody are monitored and checked as
reported by the authorized and accredited inter-country adoption agency as
167
well as the repatriation to the Philippines of a Filipino child whose adoption

has not been approved.
SEC. 15. Executive Agreements. – The Department of Foreign Affairs,

upon representation of the Board, shall cause the preparation of Executive
Agreements with countries of the foreign adoption agencies to ensure the
legitimate concurrence of said countries in upholding the safeguards provided
by this Act.
ARTICLE IV
PENALTIES
SEC. 16. Penalties. – a) Any person who shall knowingly participate

in the conduct or carrying out of an illegal adoption, in violation of the
provisions of this Act, shall be punished with a penalty of imprisonment
ranging from six(6) years and one ( 1) day to twelve(12) years and/or a fine of
not less than Fifty thousand pesos (P50,000), but not more than Two hundred
thousand pesos (P200,000), at the discretion of the court. For purposes of
this Act, an adoption is illegal if it is effected in any manner contrary to the
provisions of this Act or established State policies, its implementing rules
and regulations, executive agreements, and other laws pertaining to adoption.
Illegality may be presumed from the following acts:
1) consent for an adoption was acquired through, or attended by

coercion, fraud, improper material inducement;
2) there is no authority from the Board to effect adoption;
3) the procedures and safeguards placed under the law for adoption
were not complied with; and
4) the child to be adopted is subjected to, or exposed to danger, abuse

and exploitation.
b) Any person who shall violate established regulations relating to the

confidentiality and integrity of records, documents and communications
168
of adoption applications, cases and processes shall suffer the penalty of

imprisonment ranging from one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos (P5,000), but not more
than Ten thousand pesos (Pl0,000), at the discretion of the court.
consummated felony under this Article shall be imposed upon the principals
of the attempt to commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate or

where it involves two or more children shall be considered as an offense
constituting child trafficking and shall merit the penalty of reclusion
perpetua.
Acts punishable under this Article are deemed committed by a syndicate

if carried out by a group of three (3) or more persons conspiring and/or
confederating with one another in carrying out any of the unlawful acts
defined under this Article. Penalties as are herein provided shall be in addition
to any other penalties which may be imposed for the same acts punishable
under other laws, ordinances, executive orders, and proclamations.
SEC. 17. Public Officers as Offenders. – Any government official,

employee or functionary who shall be found guilty of violating any of the
provisions of this Act, or who shall conspire with private individuals shall, in
addition to the above-prescribed penalties, be penalized in accordance with
existing civil service laws rules and regulations: Provided, That upon the
filing of a case, either administrative or criminal, said government official,
employee or functionary concerned shall automatically suffer suspension
until the resolution of the case.
ARTICLE V
FINAL PROVISIONS
SEC. 18. Implementing Rules and ReKulations. – The Inter-country

Adoption Board, in coordination with the Council for the Welfare of Children,
the Department of Foreign Affairs, and the Department of Justice, after
169
due consultation with agencies involved in child-care and placement, shall

promulgate the necessary rules and regulations to implement the provisions
of this Act within six(6) months after its effectivity.
S EC. 19. Appropriations. – The amount of Five million pesos

(P5,000,000) is hereby appropriated from the proceeds of the Lotto for
the initial operations of the Board and subsequently the appropriations of
the same shall be included in the General Appropriations Act for the year
following its enactment.
SEC. 20. Separability Clause. – If any provision, or part hereof, is held

invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected, shall remain valid and subsisting.
SEC. 21. Repealing Clause. – Any law, decree, executive order,

administrative order or rules and regulations contrary to, or inconsistent
with the provisions of this Act are hereby repealed, modified or amended
accordingly.
SEC. 22. Effectivity Clause. – This Act shall take effect fifteen (15)
days after its publication in two (2) newspapers of general circulation.
Approved,
JOSE DE VENECIA, JR. EDGARDO J. ANGARA

of Representatives

House Bill No. 10363 was finally passed by the Senate and the House of
Representatives on June 2, 1995.
170
CAMILO L. SABIO
FIDEL V. RAMOS
171
H. No. 11614
S. No. 1977

Metro Manila
——■——
AN ACT CREATING THE NATIONAL YOUTH COMMISSION,

ESTABLISHING A NATIONAL COMPREHENSIVE AND
COORDINATED PROGRAM ON YOUTH DEVELOPMENT,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

SECTION 1. Title. – This Act shall be known as the “Youth in Nation-

Building Act.”
SEC. 2. Policy. – The State recognizes its responsibility to enable the

youth to fulfill their vital role in nation-building and hereby establishes the
National Comprehensive and Coordinated Program on Youth Development,
creates the structures to implement the same and appropriates adequate
funds to provide support for the program and implementing structures on a
continuing, sustained basis.
172
The State hereby declares that “Youth” is the critical period in a person’s
growth and development from the onset of adolescence towards the peak of
mature, self-reliant and responsible adulthood comprising the considerable
sector of the population from the age of fifteen (15) to thirty (30) years.
The State further declares the National Comprehensive and

Coordinated Program on Youth Development shall be based on the following
principles:
(a) Promotion and protection of the physical, moral, spiritual,

intellectual and social well-being of the youth to the end that the youth
realize their potential for improving the quality of life;
(b) Inculcation in the youth of patriotism, nationalism and other basic

desirable values to infuse in them faith in the Creator, belief in the sanctity
of life and dignity of the human person, conviction for the strength and unity
of the family and adherence to truth and justice;
(c) Encouragement of youth involvement in character-building and

development activities for civic efficiency, stewardship of natural resources,
agricultural and industrial productivity, and an understanding of world
economic commitments on tariffs and trade and participation in structures
for policy-making and program implementation to reduce the incidence of
poverty and accelerate socioeconomic development; and
(d) Mobilization of youth’s abilities, talents and skills and redirecting

their creativity, inventive genius and wellspring of enthusiasm and hope for
the freedom of our people from fear, hunger and injustice.
SEC. 3. Development Program. – In order to attain the declared

national policy, there is hereby established the “National Comprehensive
and Coordinated Program on Youth Development”, hereinafter referred to
as the “Development Program.”
The components of the development program are the following:
173
(a) Formulation, approval and implementation of the Medium-Term

Youth Development Program for four (4) years following the approval of
this Act and every three (3) years thereafter, which shall be aligned to and
shall complement the Medium-Term Philippine Development Plan for
the corresponding period, taking into account the existing National Youth
Development Plan as provided for in Executive Order No. 176, series of
1994;
(b) A national study on the “Situation of Youth in the Philippines”, for

the period up to the approval of this Act, and every three (3) years thereafter
which identifies priority needs, prevailing attitudes and values of youth,
the existing services, and the gaps in services delivery of the basic needs of
youth;
(c) A “National Review, Evaluation and Reform” of all organizations

delivering services to youth for the period up to the approval of this Act and
every three (3) years thereafter;
(d) Activities to operationalize the implementing structures of the

Development Program, preparations and participation in activities of youth
of global significance, including World Youth Day, and provide leadership
and support therefor on a continuing, sustained basis;
(e) The comprehensive, coordinated nationwide service delivery

system comprising (i) existing public and civic services for youth which
after review and reform or realignment fully support the policy and program
framework under this Act; and (ii) innovative services and delivery systems
institutionalized in areas without or with inadequate services and which
are responsive to needs, following pilot demonstration projects to test the
validity and feasibility of the services; and
(f) The participation of Filipino youth in the Biennial World Youth

Day starting 1997 in Paris, France and every two (2) years thereafter.

terms are hereby defined:
174
(a) “Youth” shall refer to those persons whose ages range from fifteen
(15) to thirty (30) years old;
(b) “Youth Organizations” shall refer to those organizations whose

membership/composition are youth;
(c) “Youth-Serving Organizations” shall refer to those registered

organizations or institutions whose principal programs, projects and activities
are youth-oriented and youth-related; and
(d) “Commission” shall refer to the National Youth Commission.
SEC. 5. National Youth Commission. – There is hereby created

the “National Youth Commission,” hereinafter referred to as the
“Commission”.
It shall be composed of the following:
(a) A chairman;
(b) One commissioner representing Luzon;
(c) One commissioner representing Visayas;
(d) One commissioner representing Mindanao;
(e) Two (2) commissioners to be chosen at large; and
(f) The President of the Pambansang Katipunan ng mga Sangguniang

Kabataan, as commissioner, who shall serve in an ex officio capacity.
The first set of chairman and commissioners, which shall have a term of
four (4) years, shall be constituted by the President of the Philippines from
among the list of nominees submitted by youth organizations or institutions
with national or regional constituencies and which have been in existence
for at least three (3) years as of the approval of this Act.
175
The succeeding chairman and the two (2) commissioners to be chosen

at large shall be appointed by the President from a list of at least three (3)
but not more than five (5) nominees for each position, submitted by youth
and youth-serving organizations or institutions with national constituencies
duly registered with the Commission.
The succeeding commissioners representing Luzon, Visayas and

Mindanao, respectively, shall be appointed by the President from a list of
at least three (3) but not more than five (5) nominees for each position,
submitted by youth and youth-serving organizations or institutions in their
respective areas duly registered with the Commission.
The chairman and the appointive commissioners shall serve for a

term of three (3) years, with reappointment for another term. The chairman
shall have the rank and privileges of a department undersecretary, and the
appointive commissioners shall have the rank and privileges of assistant
secretaries of a department. The ex officio commissioner shall also have the
rank and privileges of assistant secretary of a department.
SEC. 6. Status and Nature of the Commission. – The Commission shall

be independent and autonomous and shall have the same status as that of
national government agency attached to the Office of the President.
The Commission shall exercise corporate powers. It shall have a seal,

may sue and be sued, and shall be the sole policymaking coordinating body
of all youth-related institutions, programs, projects and activities of the
government.
SEC. 7. Qualifications of the Chairman and the Commissioners. –

The chairman shall not be more than forty-five (45) years of age, and the
appointive commissioners no more than forty (40) years of age, at any time
during their incumbency; natural-born citizens of the Philippines; have
occupied positions of responsibility and leadership in duly registered youth
and youth serving organizations or institutions; of good moral character;
and not have been convicted of any crime involving moral turpitude.
176
The chairman shall serve as the chief executive officer of the

Commission.
SEC. 8. Objectives of the Commission. – The objectives of the

Commission are:
(a) To provide the leadership in the formulation of policies and in the

setting of priorities and direction of all youth promotion and development
programs and activities;
(b) To encourage wide and active participation of the youth in all

governmental and nongovernmental programs, projects and activities
affecting them;
(c) To harness and develop the full potential of the youth as partners
in nation-building; and
(d) To supplement government appropriations for youth promotion

and development with funds from other sources.
SEC. 9. Powers of the Commission. – The Commission shall have the

following powers:
(a) To appoint the officers and other personnel of the Commission and
fix their compensation, allowances and other emoluments, subject to the civil
service and other existing applicable laws, rules and regulations;
(b) To suspend, dismiss, or otherwise discipline for cause, any

employee, and/or to approve or disapprove the appointment, transfer or detail
of employees, subject to the provisions of existing laws and regulations;
(c) To enter into contracts;
(d) To acquire, use and control any land, building, facilities, equipment,
instrument, tools and rights required or otherwise necessary for the
accomplishment of the objectives of the Commission;
177
(e) To acquire, own, possess and dispose of any real or personal

property;
(f) To accept donations, gifts, bequests, and grants;
(g) To ensure the implementation by various government departments

and agencies of their youth developmental projects and activities as indicated
in their respective annual budgets;
(h) To issue rules and regulations in pursuance of the provisions of

this Act; and
(i) To perform any and all other acts incident to or required by virtue
of its creation.
SEC. 10. Functions of the Commission. – The Commission shall have

the following functions:
(a) To formulate and initiate the national policy or policies on youth;
(b) To plan, implement, and oversee a national integrated youth

promotion and development program;
(c) To establish a consultative mechanism which shall provide a forum

for continuing dialogue between the government and the youth sector on
the proper planning and evaluation of policies, programs and projects
affecting the youth, convening for the purpose, representatives of all youth
organizations and institutions, including the sangguniang kabataan from
barangay, municipal, city, provincial and national levels;
(d) To assist and coordinate with governmental and nongovernmental

organizations or institutions in the implementation of all laws, policies,
programs and projects relative to youth promotion and development;
(e) To seek or request the assistance and support of any government

agency, office or instrumentality including government-owned or
178
controlled corporations, local government units as well as nongovernmental

organizations or institutions in pursuance of its policies, programs and
projects;
(f) To conduct scientific, interdisciplinary and policy-oriented

researches and studies on youth-related matters, as well as trainings, seminars
and workshops that will enhance the skills and leadership potentials of the
youth, instilling in them nationalism and patriotism, with particular emphasis
on Filipino culture and values;
(g) To establish and maintain linkages with international youth and

youth-serving organizations or institutions and counterpart agencies of
foreign governments in order to facilitate and ensure the participation of
Filipino youth in international functions and affairs;
(h) To administer youth exchange programs as well as monitor and

coordinate all foreign-sponsored youth programs and projects such as the
Ship for Southeast Asia Youth Program and other similar exchanges and
goodwill missions;
(i) To establish such organizational structures including regional offices,

as may be required to effectively carry out its functions;
(j) To conduct promotion and fund-raising campaigns in accordance

with existing laws;
(k) To allocate resources for the implementation of youth programs

and projects;
(1) To extend and provide support or assistance to deserving youth

and youth organizations including scholarship grants;
(m) To register, establish and/or facilitate and help in the establishment

of youth organizations and youth-serving organizations;
(n) To participate in international youth fora, symposia and organizations

such as the International Youth Forum, Asian Youth Council, Asian Youth
179
Forum, United Nations Commission for International Youth Year (IYY) and
other similar bodies;
(o) To provide training and a national secretariat for the Sangguniang

Kabataan National Federation pursuant to R. A. No. 7160, otherwise known
as the Local Government Code;
(p) To submit an annual report on the implementation of this Act to

the President and to Congress; and
(q) To perform such other functions as may be necessary to effectively

and efficiently carry out the provisions of this Act.
SEC. 11.. The Secretariat and the Executive Director. – The Commission
shall organize a secretariat to be headed by an executive director who shall
serve as the chief operating officer.
The executive director shall be appointed by the President of the

Philippines upon the recommendation of the national commission for a term
of three (3) years with reappointment for another term, and must have the
qualifications, rank and privileges of a bureau director. He must not be more
than forty-five (45) years of age during his incumbency, and must possess
executive and management experience of at least three (3) years and with
considerable exposure to youth affairs, projects and programs management.
He shall be responsible for the effective implementation of the policies
promulgated by the Commission and shall also direct and supervise the
day-to-day operations of the Commission.
The first executive director shall have a term of four (4) years.
The staffing pattern and compensation schedule of the secretariat shall

be drawn up in accordance with existing laws, rules and regulations.
SEC. 12. Duties and Responsibilities of the Secretariat. – The Secretariat

shall be responsible for:
180
(a) Ensuring an effective and efficient performance of the functions

of the Commission and prompt implementation of the programs;
(b) Proposing specific allocation of resources for projects instated

under the approved programs;
(c) Submitting periodic reports to the Commission on the progress and

accomplishment of programs and projects;
(d) Preparing an annual report on all activities of the Commission;
(e) Providing and performing general administrative and technical staff

support; and
(f) Performing such other functions as the Commission may deem

necessary.
SEC. 13. Parliament of Youth Leaders. – There is hereby constituted

the “Youth Parliament.” The Youth Parliament shall be initially convened
not later than six (6) months from the full constitution of the Commission,
and shall meet at the call of the National Commission, and thereafter be
convened every two (2) years. The Youth Parliament shall have a regular
session from two (2) to three (3) days every time it is convened, but may
form task forces which may meet during the period between the convening
thereof.
Delegates to the Youth Parliament shall be chosen by the Commission

taking into consideration equal and geographical representation among men
and women. All delegates shall be of good moral character, able to read and
write, has not been convicted of any crime involving moral turpitude, and
shall not be more than thirty (30) years of age on the day of election to the
position by virtue of which he qualifies as a delegate and on the day the
Parliament is convened. The delegates shall elect the President of the Youth
Parliament who shall preside during the session of the Youth Parliament.
181
The Youth Parliament at the end of each regular session shall present
its proceedings, declarations and resolutions to the Commission.
SEC. 14. Advisory Council. – There shall be an Advisory Council which

shall be composed of the Secretary of the Department of Education, Culture
and Sports (DECS), as chairman, and the Secretaries of the Department
of Budget and Management (DBM), the Department of Social Welfare
and the Development (DSWD), the Department of the Interior and Local
Government (DILG), the Department of Agriculture (DA), the Department
of Foreign Affairs (DFA), Department of Labor and Employment (DOLE),
the Department of Environment and Natural Resources (DENR), Director-
General of the National Economic and Development Authority (NEDA), the
Chairman of the Philippine Charity Sweepstakes Office (PCSO), and the
chairmen of both Senate and House committees dealing with youth and sports
development, and the Philippine Sports Commission (PSC), as members.
The Council shall meet once every three (3) months, or as often as
may be necessary, upon call of its chairman, advise and be consulted by
the Commission on important matters relating to youth affairs, welfare and
development.
The Council may form task forces which shall convene between the
meetings of the Council. The Commission shall provide the technical support
and the secretariat required by the Council to function according to this
Act.
SEC. 15. Appropriations. – There is hereby authorized to be appropriated

the amount of Fifty million pesos (P50,000,000) as additional funding for
the Commission, to be charged against the unexpended contingency funds
of the Office of the President.
Thereafter, the amount needed for the operation and maintenance of

the Commission shall be included in the annual General Appropriations
Act: Provided, That operating expenses of the Commission itself shall not
exceed fourteen percent (14%) of the annual appropriation and that at least
eighty-six percent (86%) of said annual appropriation shall be disbursed for
the national youth development program, projects and activities.
182
SEC. 16. Transfer of Assets, Properties and Funds. – Assets, properties,

and funds of the Pambansang Katipunan ng Kabataang Barangay and that
of the Presidential Council for Youth Affairs under the Office of the President
pursuant to Executive Order No. 274, series of 1987 and of all other youth-
serving agencies under said Office shall be transferred to the Commission.
SEC. 17. Effect of Separation from the Service as a Result of this Act. –
Any official or employee of the Presidential Council for Youth Affairs created
under Executive Order No. 274 or any other personnel of the national or local
government separated from the service as a result of the operation and effect
of this Act may be absorbed, if qualified, by the Commission for the good of
the service, or where qualified therefor, may opt to transfer to another office
or elect to apply for separation pay or retirement benefits: Provided, That
the official or employee who may be absorbed by the Commission shall not
suffer any loss or diminution of pay, seniority or rank: Provided, further,
That benefits for separation or retirement of an official or employee of the
Presidential Council for Youth Affairs shall be derived from the funds of
said Council transferred to the Commission.
SEC. 18. Tax Deduction or Exemption of Donations and Contributions.

– Any donation, contribution, bequest and grant which may be made to the
Commission shall constitute as allowable deduction from the income of the
donor for income tax purposes and shall be exempt from donor’s tax, subject
to such conditions as provided under the National Internal Revenue Code,
as amended.
SEC. 19. Presidential Land Grant. – The provisions of any existing

law to the contrary notwithstanding, the President may, upon the .authority
of Congress, grant by donation, sale, lease, or otherwise to the Commission,
portion of the land of the public domain as may be necessary for the
establishment of youth development and training centers in all regions of
the country and for the accomplishment of any of its purposes.
SEC. 20. Stamps and Gold Coins for the Youth. – The Philippine Postal
Corporation and the Bangko Sentral ng Pilipinas are hereby authorized to
print paper stamps and mint gold coins which shall depict youth events and
such other motif as they may decide, at the expense of the Commission.
183
SEC. 21. Separability Clause. – If for any reason or reasons, any part
or provision of this Act shall be held to be unconstitutional or invalid, other
parts or provisions thereof not affected thereby shall continue to be in full
force and effect.
SEC. 22. Repealing Clause. – Presidential Decree Nos. 604 and 1191,
Executive Order No. 274, series of 1987, and all other laws, decrees, rules
and regulations, other issuances or parts thereof which are inconsistent with
this Act are hereby repealed or modified
accordingly.
SEC. 23. Effectivity Clause. – This Act shall take effect upon its
publication in at least one (1) national newspaper of general circulation.
Approved,
EDGARDO J. ANGARA JOSE DE VENECIA, JR.

of Representatives
This Act, which is a consolidation of H.B. No. 11614 and S.B. No.
1977 was finally passed by the House of Representatives and the Senate on
June 2, 1995.
EDGARDO E. TUMANGAN CAMILO L. SABIO

Approved :
FIDEL V. RAMOS
184
S. No. 1122
H. No. 45

Metro Manila
First Regular Session
Begun and held in Metro Manila, on Monday the twenty-fourth day of July,
nineteen hundred and ninety-five.
——■——
AN ACT PROMOTING SALT IODIZATION NATIONWIDE AND FOR

RELATED PURPOSES

SECTION 1. Title. – This Act shall be known as “An Act for Salt
Iodization Nationwide (ASIN).”

State to protect and promote the health of the people, to maintain an effective
food regulatory system, and to provide the entire population especially
women and children with proper nutrition. For this purpose, the State
shall promote the nutritional fortification of food to combat micronutrient
malnutrition as a priority health program for the nation.
SEC. 3. Purposes. – The purposes of this Act are to
185
a) contribute to the elimination of micronutrient malnutrition in the

country, particularly iodine deficiency disorders, through the cost-effective
preventive measure of salt iodization;
b) require all producers/manufacturers of food-grade salt to iodize the

salt that they produce, manufacture, import, trade or distribute;
c) require the Department of Health (DOH) to undertake the salt

iodization program and for its Bureau of Food and Drugs (BFAD), to set
and enforce standards for food-grade iodized salt and to monitor compliance
thereof by the food-grade salt manufacturers:
d) require the local government units (LGUs), through their health

officers and nutritionists/dieticians, or in their absence through their sanitary
inspectors, to check and monitor the quality of food-grade salt being sold in
their market in order to ascertain that such salt is properly iodized;
e) require the Department of Trade and Industry (DTI) to regulate and

monitor trading of iodized salt;
f) direct the Department of Science and Technology (DOST), in

collaboration with the Technology and Livelihood Resource Center
(TLRC) to initiate, promote, and cause the transfer of technology for salt
iodization;
g) authorize the National Nutrition Council (NNC), the policy-making

and coordinating body on nutrition to serve as the advisory board on salt
iodization;
h) provide mechanisms and incentives for the local salt industry in the
production, marketing, and distribution of iodized salt, and
i) ensure the sustainability of the salt iodization program
SEC. 4. Definition of Terms – For purposes of this Act the following

terms shall mean:
186
a) Micronutrient malnutrition – a disorder resulting from deficiencies

in Vitamin A, iron, iodine and other micronutrients which the body needs
in minute quantities everyday.
b) Iodine deficiency disorders – a broad spectrum of deficiencies

resulting from lack of iodine in the diet which leads to the reduction of
intellectual and physical capacity affecting everyone who is iodine-deficient
and may manifest as goiter, mental retardation, physical and mental defects,
and cretinism
c) Food fortification – the addition of nutrients to processed foods at

levels above the natural state.
d) Salt Iodization – the addition of iodine to salt intended for human and
animal consumption in accordance with specifications as to form, fortificant,
method, manner and composition as may be prescribed by the BFAD.
e) Food-grade salt – salt for human and animal consumption as

distinguished from industrial salt.
f) Regulatory Requirements – the provisions of all applicable laws,

regulations, executive orders, and other enactments related to food quality
and safety, purity, nutritional composition, and other aspects of food
regulation or control.
g) Industrial salt – salt used in the treatment, processing, and/or

manufacture of non-food commercial products.
h) Manufacturer – one who produces, imports, trades in, or distributes

salt.
i) Subsistence producer manufacturer – one who produces, trades in

or distributes salt not exceeding two metric tons (2 m.t.) of salt per year
j) Small Producer Manufacturer – one who produces, imports, trades

in, or distributes salt ranging from more than two metric tons (2 m.t.) to
three hundred metric tons (300 m.t.) per year.
187
k) Medium producer manufacturer – one who produces, imports, trades

in, or distributes salt ranging from more than three hundred metric tons (300
m.t.) to two thousand metric tons (2,000 m.t.) per year
l) Large producer manufacturer – one who produces, imports, trades

in, or distributes salt exceeding two thousand metric tons (2,000 m.t.) per
year.
SEC. 5. Applicability – a) This Act shall apply to the entire salt

industry, including salt producers/manufacturers, importers, traders, and
distributors, as well as government and non-government agencies involved
in salt iodization activities.
b) Iodized salt that conforms to the standards set by the BFAD to meet
national nutritional needs shall be made available to consumers: Provided,
That the implementation of this Act shall be enforced over a staggered period
of one (1) year for large and medium producers/manufacturers, two (2)
years for small producers/manufacturers; and five (5) years for subsistence
producers/manufacturers.
c) All food outlets, restaurants, and stores are hereby required to

make available to customers only iodized salt in their establishment upon
effectivity of this Act. These establishments shall be monitored with the
help of the LGUs through its health officers and nutritionists/dieticians, or
in their absence, the sanitary inspectors to check and monitor the quality of
food-grade salt being sold or served in such establishments.
d) In areas endemic to iodine deficiency disorders, iodized salt shall be

made available. Local government officials at the provincial and municipal
levels shall provide mechanisms to ensure enforcement of this provision
through ordinances and public information campaigns.
e) All food manufacturers/processors using food-grade salt are also

required to use iodized salt in the processing of their products and must
comply with the provisions of this Act not later than one (1) year from its
effectivity: Provided, That the use of iodized salt shall not prejudice the
188
quality and safety of their products: Provided, however, That the burden of
proof and testing for any prejudicial effects due to iodized salt fortification
lies on the said food manufacturer/processor.
f) Salt producers/manufacturers shall register with the BFAD, which

shall maintain and updated registry of salt producers/manufacturers and shall
monitor compliance with the salt iodization program.
g) All food-grade salt shall be labeled in a manner that is true and

accurate, not likely to mislead purchasers and in accordance with the
requirements prescribed by the BFAD.
h) For a period of three (3) years from the effectivity of this Act, the
DOH shall provide free iodized salt to indigents residing in sixth class
municipalities as may be allowed by their annual appropriations.
SEC. 6. Support for the Salt Industry – The following agencies and
institutions shall support the salt iodization program through their respective
internal programs:
a) the DTI is hereby required to assist and support local salt producers/
manufacturers in upgrading their production technologies to include
iodization by helping them obtain soft loans and financial assistance for
the procurement of salt iodization machines, packaging equipment and
technology and fortificant; and by ensuring the systematic distribution of
the iodized salt in the market:
b) the Cooperative Development Authority (CDA) shall assist the

formation of cooperatives of local salt producers/manufacturers in order that
they can economically engage in salt iodization and distribution of iodized
salt;
c) the DOST, in collaboration with the TLRC, shall develop and

implement comprehensive programs for the acquisition of , design and
manufacture of salt iodization machines and transfer of salt iodization
technology to small and subsistence local salt producers/manufacturers,
and
189
d) the Department of Environment and Natural Resources (DENR)

and other appropriate government agencies shall identify areas that are
suitable for use as salt farms with the purpose of protecting such areas from
environmental risks to ensure sustainability iodized salt production.
SEC. 7. Public Information. – The benefits and rationale of the use

of iodized salt shall be adequately disseminated through organized, and
systematic and nationwide information campaign which shall involve
major sectors of society to be spearheaded by the DOH, in cooperation and
coordination with the LGUs and other agencies concerned, particularly
the Department of Education, Culture and Sports (DECS), the Philippine
Information Agency (PIA), provincial science centers, private sector, and
students
The implementing agency, in coordination with the PIA, shall seek the
cooperation of the media sector to assist in public information dissemination.
Salt iodization and its benefits shall be included and given emphasis in all
levels of health subjects in both public and private schools
SEC. 8. The Salt Iodization Advisory Board. – The National Nutrition

Council (NCC), as presently composed, including representatives of the
DENR, the medical profession and the salt manufacturers, shall serve as the
salt iodization advisory board and shall function as the policy and coordinating
body on salt iodization programs and activities. It shall coordinate the
efforts of all agencies concerned and monitor the implementation of the
provisions of this Act. It shall also submit an annual report to the Congress
of the Philippines on the progress of the salt iodization program and offer
recommendations for its improvement.
SEC. 9. Sanctions. – The procedures for imposing sanctions under

this Act and for inspecting and investigating the premises where any salt
is received, held, manufactured, labeled, stored, displayed, delivered,
distributed, sold, or located, or where it is reasonably believed these activities
are being carried out or where salt is located, shall be in accordance with the
provisions of Republic Act no. 3720, otherwise known as the Food, Drugs
and Cosmetics Act. As Amended; Provided, That any person, whether natural
or juridical, who violates any provisions of this Act or any of the rules and
190
regulations promulgated for its effective implementation shall be punished

by a fine of not less than One Thousand Pesos (P1,000) nor more than One
hundred thousand pesos (P100,000), Provided, however, That if the violation
is committed by any officer, director or member of a business and a juridical
entity acting beyond the scope of his authority, such as officer, director or
member responsible therefore shall be personally liable for the fine: Provided,
further, That such violator shall suffer a revocation of its business permit and/
or a ban of its product from the market: Provided, finally, That the BFAD, in
coordination with the LGUs concerned, shall be authorized to impose and
collect the fines from the violators, and such collections shall accrue to the
BFAD for its use in the implementation of this Act.
SEC. 10. Appropriations. – The amount necessary for the implementation

of this Act shall initially be charged to the appropriations of the agencies
concerned as may be appropriated, under the current General Appropriations
Act, Thereafter, such amount as may be necessary for its implementation
shall be included annual General Appropriations Act.
S EC. 11. Implementing Rules and Regulations. – The DOH, in

cooperation with the agencies concerned shall formulate the necessary rules
and regulations for the effective implementation of this Act within sixty (60)
days from its approval.
SEC. 12. Separability Clause. – If any portion of this Act is declared

invalid, the remainder of this Act shall not be affected by such declaration
and shall remain valid and enforceable.
SEC. 13. Effectivity Clause. – This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) national newspapers
of general circulation, whichever is earlier.
Approved,
JOSE DE VENECIA, JR NEPTALI A. GONZALES

Speaker of the House of President of the Senate
Representatives
191
This Act which is a consolidation of Senate Bill No. 1122 and House
Bill No. 45 was finally passed by the Senate and the House of Representatives
on November 16, 1995 and November 15, 1995, respectively.
CAMILO L. SABIO HEZEL P. GACUTAN

Approved: December 20, 1995
FIDEL V. RAMOS
192
H. No. 150
S. No. 1085

Metro Manila
Tenth Congress
Begun and held in Metro Manila, on Monday the twenty-second day of July,
nineteen hundred and ninety-six.
——■——
AN ACT DECLARING EVERY SECOND SUNDAY OF DECEMBER AS

THE NATIONAL CHILDREN’S BROADCASTING DAY

SECTION 1. The second Sunday of December of every year is hereby

declared as “The National Children’s Broadcasting Day.”
SEC. 2. In observance of this day, television and radio stations

nationwide shall allocate a minimum of three (3) hours airtime for programs
exclusively for, on, or about children and produced especially in observance
of the National Children’s Broadcasting Day: Provided, That at least one
(1) hour shall be prime time.
The program should be child-friendly, promote positive values, and

enable children to exercise their rights to freedom of thought and expression
as stated in the United Nations Convention on the Rights of the Child. The
participation of children as talents or guests should be encouraged.
193
SEC. 3. To ensure the meaningful observance of this day as herein

declared, heads of government agencies and instrumentalities, government-
owned and –controlled corporations, local government units, employers
in the private sector and the Kapisanan ng mga Broadkaster ng Pilipinas
(KBP) shall encourage and allow sufficient time and opportunities for their
employees to engage and participate in any ceremony or activity within the
premises of their offices or establishments to celebrate National Children’s
Broadcasting Day.
SEC. 4. The Philippine Information Agency (PIA) in coordination with

the Kapisanan ng mga Broadkaster ng Pilipinas (KBP) shall initiate and/or
monitor programs in the observance of this day.
Approved,
ERNESTO M. MACEDA JOSE DE VENECIA, JR.

Representatives
This Act, which is a consolidation of House Bill No. 150 and Senate
Senate on June 05, 1997.
LORENZO E. LEYNES, JR. ROBERTO P. NAZARENO

Approved : 06 June, 1997
FIDEL V. RAMOS
194
S. No. 950
H. No. 6265

Metro Manila
Tenth Congress
Begun and held in Metro Manila, on Monday the twenty-eight day of July,
nineteen hundred and ninety-seven.
——■——
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE,

RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS,
AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND
FOR OTHER PURPOSES

SECTION 1. Short Title. – This Act shall be known as “The Anti-Rape

Law of 1997.”
SEC. 2. Rape as a Crime Against Persons. – The crime of rape shall

hereafter be classified as a Crime Against Persons under Title Eight of
Act No. 3815, as amended, otherwise known as the Revised Penal Code.
195
Accordingly, there shall be incorporated into Title Eight of the same Code
a new chapter to be known as Chapter Three on Rape, to read as follows:
“Chapter Three
“Rape
“Article 266-A. Rape; When and How Committed – Rape is Committed

–
“1) By a man who shall have carnal knowledge of a woman under any
of the following circumstances:
“a) Through force, threat, or intimidation;
“b) When the offended party is deprived of reason or otherwise

unconscious;
“c) By means of fraudulent machination or grave abuse of authority;

and
“d) When the offended party is under twelve (12) years of age is
demented, even though none of the circumstances mentioned above is
present.
“2) By any person who, under any of the circumstances mentioned in

paragraph 1 hereof, shall commit an act of sexual assault by inserting his
penis into another person’s mouth or anal orifice, or any instrument or object,
into the genital or anal orifice of another person.
“Article 266-B. Penalties. – Rape under paragraph 1 of the next

preceding article shall be punished by reclusion perpetua.
“When the rape is committed with the use of a deadly weapon or by

two or more persons, the penalty shall be reclusion perpetua to death.
196
“When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be reclusion perpetua to death.
“When the rape is attempted and a homicide is committed by reason or

on the occasion thereof, the penalty shall be reclusion perpetua to death.
“When by reason or on the occasion of the rape, homicide is committed,

the penalty shall be death.
“The death penalty shall also be imposed if the crime of rape is committed
with any of the following aggravating/qualifying circumstances:
“1) When the victim is under eighteen (18) years of age and the offender
is a parent, ascendant, step-parent, guardian, relative by consanguinity or
affinity within the third civil degree, or the common-law spouse of the parent
of the victim;
“2) When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution;
“3) When the rape is committed in full view of the spouse, parent,
any of the children or other relatives within the third civil degree of
consanguinity;
“4) When the victim is a religious engaged in legitimate religious

vocation or calling and is personally known to be such by the offended
before or at the time of the commission of the crime;
“5) When the victim is a child below seven (7) years old;
“6) When the offender knows that he is afflicted with Human Immuno
Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or
any other sexually transmissible disease and the virus or disease is transmitted
to the victim;
197
“7) When committed by any member of the Armed Forces of the

Philippines or para-military units thereof or the Philippine National Police
or any law enforcement agency or penal institution, when the offender took
advantage of this position to facilitate the commission of the crime;
“8) When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;
“9) When the offender knew of the pregnancy of the offended party
at the time of the commission of the crime; and
“10) When the offender knew of the mental disability, emotional

disorder and/or physical handicap of the offended party at the time of the
commission of the crime.
“Rape under paragraph 2 of the next preceding article shall be punished

by prision mayor.
“Whenever the rape is committed with the use of a deadly weapon

or by two or more persons, the penalty shall be prision mayor to reclusion
temporal.
“When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be reclusion temporal.
“When the rape is attempted and a homicide is committed by reason or

on the occasion thereof, the penalty shall be reclusion temporal to reclusion
perpertua.
“When by reason or on the occasion of the rape, homicide is committed,

the penalty shall be reclusion perpetua.
“Reclusion temporal shall also be imposed if the rape is committed

with any of the ten aggravating/qualifying circumstances mentioned in this
article.
198
“ARTICLE 266-C. Effect of Pardon. – The subsequent valid marriage

between the offender and the offended party shall extinguish the criminal
action or the penalty imposed.
“In case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the criminal
action or the penalty: Provided, That the crime shall not be extinguished or
the penalty shall not be abated if the marriage is void ab initio.
“ARTICLE 266-D. Presumptions. – Any physical overt act manifesting

resistance against the act of rape in any degree from the offended party, or
where the offended party is so situated as to render her/him incapable of
giving valid consent, may be accepted as evidence in the prosecution of the
acts punished under Article 266-A.”
SEC. 3. Separability Clause. – If any part, section, or provision of

this Act is declared invalid or unconstitutional, the other parts thereof not
affected thereby shall remain valid.
SEC. 4. Repealing Clause – Article 335 of Act No. 3815, as amended,

and all laws, acts, presidential decrees, executive orders, administrative
orders, rules and regulations inconsistent with or contrary to the provisions
of this Act are deemed amended, modified or repealed accordingly.
SEC. 5. Effectivity. – This Act shall take effect fifteen (15) days after
completion of its publication in two (2) newspaper of general circulation.
Approved,
JOSE DE VENECIA, JR. ERNESTO M. MACEDA

Representatives
199
No. 6265 was finally passed by the Senate and the House of Representatives
on June 05, 1997 and September 3, 1997, respectively.
ROBERTO P. NAZARENO LORENZO E. LEYNES, JR.

FIDEL V. RAMOS
200
S. No. 1205
H. No. 9292

Metro Manila
Tenth Congress
Begun and held in Metro Manila, on Monday the twenty-eight day of July,
——■——
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM

EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND
FAMILY CASES, AMENDING BATAS PAMBANSA BILANG
129, AS AMENDED, OTHERWISE KNOWN AS THE JUDICIARY
REORGANIZATION ACT OF 1980, APPROPRIATING FUNDS

SECTION 1. Title. – This Act shall be known as the “Family Courts

Act of 1997.”
SEC. 2. State and National Policies. – The State shall protect the
rights and promote the welfare of children in keeping with the mandate of
the Constitution and the precepts of the United Nations Convention on the
201
Rights of the Child. The State shall provide a system of adjudication for
youthful offenders which takes into account their peculiar circumstances.
The State recognizes the sanctity of the family as a basic autonomous

social institution. The courts shall preserve the solidarity of the family,
provide procedures for the reconciliation of spouses and the amicable
settlement of family controversy.
SEC. 3. Establishment of Family Courts. – There shall be established

a Family Court in every province and city in the country. In case where the
city is the capital of the province, the Family Court shall be established in
the municipality which has the highest population.
SEC. 4. Qualification and Training of Family Court Judges. – Section

15 of Batas Pambansa Blg. 129, as amended, is hereby further amended to
read as follows:
“SEC. 15. (a) Qualification. – No person shall be appointed Regional

Trial Judge or Presiding Judge of the Family Court unless he is a natural-born
citizen of the Philippines, at least thirty-five (35) years of age, age, for at least
ten (10) years, has been engaged in the practice of law in the Philippines or
has held a public office in the Philippines requiring admission to the practice
of law as an indispensable requisite.
“(b) Training of Family Court Judges. – The Presiding Judge, as well

as the court Personnel of the Family Courts, shall undergo training and must
have the experience and demonstrated ability in dealing with child and family
cases.
“The Supreme Court shall provide a continuing education program

on child and Family laws, procedure and other related disciplines to judges
and personnel of such courts.”
SEC. 5. Jurisdiction of Family Courts. – The Family Courts shall have

exclusive original jurisdiction to hear and decide the following cases:
202
a) Criminal cases where one or more of the accused is below eighteen

(18) years of age but not less than nine (9) years of age, or where one or
more of the victims is a minor at the time of the commission of the offense:
Provided, That if the minor is found guilty, the court shall promulgate sentence
and ascertain any civil liability which the accused may have incurred. The
sentence, however, shall be suspended without need of application pursuant
to Presidential Decree No. 603, otherwise known as the “Child and Youth
Welfare Code”;
b) Petitions for guardianship, custody of children, habeas corpus in

relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of

marriage and those relating to marital status and property relations of husband
and wife or those living together under different status and agreements, and
petitions for dissolution of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of

Executive Order no. 209, otherwise known as the “Family Code of the
Philippines”;
g) Petitions for declaration of status of children as abandoned, dependent

or neglected children, petitions for voluntary or involuntary commitment of
children; the suspension, termination, or restoration of parental authority and
other cases cognizable under Presidential Decree No. 603, Executive Order
No. 56, (Series of 1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act,

as amended;
203
j) Violations of Republic Act No. 7610, otherwise known as the “Special

Protection of Children Against Child Abuse, Exploitation and Discrimination
Act,” as amended by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women – which are acts of gender based violence that results, or

are likely to result in physical, sexual or psychological harm or suffering to
women; and other forms of physical abuse such as battering or threats and
coercion which violate a woman’s personhood, integrity and freedom of
movement; and
2) Children – which include the commission of all forms of abuse,

neglect, cruelty, exploitation, violence, and discrimination and all
other conditions prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be

subject to criminal proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an

incident in any case pending in the regular courts, said incident shall be
determined in that court.
SEC. 6. Use of Income. – All Family Courts shall be allowed the use
of ten percent (10%) of their income derived from filing and other court
fees under Rule 141 of the Rules of Court for research and other operating
expenses including capital outlay: Provided, That this benefit shall likewise
be enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary guidelines to

effectively implement the provisions of this section.
SEC. 7. Special Provisional Remedies. – In cases of violence among

immediate family members living in the same domicile or household, the
Family Court may issue a restraining order against the accused or defendant
204
upon a verified application by the complainant or the victim for relief from
abuse.
The court may order the temporary custody of children in all civil actions
for their custody. The court may also order support pendent lite, including
deduction from the salary and use of conjugal home and other properties in
all civil actions for support.
SEC. 8. Supervision of Youth Detention Homes. – The judge of

the Family Court shall have direct control and supervision of the youth
detention home which the government until shall establish to separate
the youth offenders from the adult criminals: Provided, however, That
alternatives to detention and institutional care shall be made available to the
accused including counseling, recognizance, bail, community, continuum,
or diversions from the justice system: Provided, further, That the human
rights of the accused are fully respected in a manner appropriate to their
well-being.
SEC. 9. Social Services and Counseling Division. – Under the guidance

of the Department of Social Welfare and Development (DSWD), a Social
Services and Counseling Division (SSCD) shall be established in each
judicial region as the Supreme Court shall deem necessary based on the
number of juvenile and family cases existing I such jurisdiction. IT shall
provide appropriate social services to all juvenile and family cases filed
with the court and recommend the proper social action. It shall also develop
programs, formulate uniform policies and procedures, and provide technical
supervision and monitoring of all SSCD in coordination with the judge.
SEC. 10. Social Services and Counseling Division Staff. – The SSCD
shall have a staff composed of qualified social workers and other personnel
with academic preparation in behavioral sciences to carry out the duties of
conducting intake assessment, social case studies, casework and counseling,
and other social services that may be needed in connection with cases filed
with the court: Provided, however, That in adoption cases and in petitions
for declaration of abandonment, the case studies may be prepared by social
205
workers of duly licensed child caring or child placement agencies, or the

DSWD. When warranted, the division shall recommend that the court
avail itself of consultative services of psychiatrists, psychologists, and
other qualified specialists presently employed in other departments of the
government in connection with its cases.
The position of Social Work Adviser shall be created under the Office
of the Court Administrator, who shall monitor and supervise the SSCD of
the Regional Trial Court.
SEC. 11. Alternative Social Services. – In accordance with Section

17 of this Act, in areas where no Family Court has been established or no
Regional Trial Court was designated by the Supreme Court due to the limited
number of cases, the DSWD shall designate and assign qualified, trained, and
DSWD accredited social workers of the local government units to handle
juvenile and family cases filed in the designated Regional Trial Court of the
place.
SEC. 12. Privacy and Confidentiality of Proceedings. – All hearings

and conciliation of the child and family cases shall be treated in a manner
consistent with the promotion of the child’s and family’s dignity and worth,
and shall respect their privacy at all stages of the proceedings. Records of
the cases shall be dealt with utmost confidentiality and the identity of parties
shall not be divulged unless necessary and with authority of the judge.
SEC. 13. Special Rules of Procedure. – The Supreme Court shall

promulgate special rules of procedure for the transfer of cases to the new
courts during the transition period and for the disposition of family cases
with the best interests of the child and the protection of the family as primary
consideration taking into account the United Nations Convention on the
Rights of the Child.
SEC. 14. Appeals. – Decisions and orders of the court shall be appealed
in the same manner and subject to the same conditions as appeals from the
ordinary Regional Trial Courts.
206
SEC. 15. Appropriations. – The amount necessary to carry out the

provisions of this Act shall be included in the General Appropriations Act
of the year following its enactment into law and thereafter.
SEC. 16. Implementing Rules and Regulations. – The Supreme Court,

in coordination with the DSWD, shall formulate the necessary rules and
regulations for the effective implementation of the social aspects of this
Act.
SEC. 17. Transitory Provisions. – Pending the establishment of

such Family Courts, the Supreme Courts shall designate from among the
branches of the Regional Trial Court at least one Family Court in each of
the cities of Manila, Quezon, Pasay, Caloocan, Makati, Paig, Mandaluyong,
Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olangapo, Cabanatuan,
San Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas,
Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao,
Butuan, Cagayan de Oro, Davao, General Santos, Oroquieta, Ozamis,
Dipolog, Zamboanga, Pagadian, Iligan, and in such other places as the
Supreme Court may deem necessary.
Additional cases other than those provided in Section 5 may be

assigned to the Family Courts when their dockets permit: Provided, That
such additional cases shall not be heard on the same day family cases are
heard.
In areas where there are no Family Courts, the cases referred to in

Section 5 of this Act shall be adjudicated by the Regional Trial Court.
SEC. 18. Separability Clause. – In case any provision of this Act is

declared unconstitutional, the other provisions shall remain in effect.
SEC. 19. Repealing Clause – All other laws, decrees, executive orders,
rules and regulations inconsistent herewith are hereby repealed, amended,
or modified accordingly.
207
SEC. 20. Effectivity. – This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspaper of general
circulation.
Approved,
JOSE DE VENECIA, JR. ERNESTO M. MACEDA

Representatives


Approved: October 28, 1997
FIDEL V. RAMOS
208
S. No. 1576
H. No. 2192

Metro Manila
Tenth Congress
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July,
——■——
CHILDREN’S TELEVISION ACT OF 1997

SECTION l. Title. – This Act shall be known as the “Children’s

Television Act of 1997”.
SEC. 2. Declaration of Policy. – The State recognizes the vital role of

the youth in nation-building and shall promote and protect their physical,
moral, spiritual, intellectual and social well-being by enhancing their over-
all development, taking into account sectoral needs and conditions in the
development of educational, cultural, recreational policies and programs
addressed to them.
Likewise, the State recognizes the importance and impact of broadcast

media, particularly television programs on the value formation and intellectual
209
development of children and must take steps to support and protect children’s
interests by providing television programs that reflect their needs, concerns
and interests without exploiting them.
The State recognizes broadcasting as a form of mass communication

guaranteed by the Constitution, the exercise of which, is impressed
public interest, and which imposes upon the broadcast industry the social
responsibility of ensuring that its activities serve the interest and welfare of
the Filipino people.

terms shall mean:
a) Children – all persons below eighteen (18) years old;
b) Children’s television – refers to programs and other materials

broadcast on television that are specifically designed for viewing by
children;
c) Child-friendly programs – refer to pro~ not specifically designed

for viewing by chtldren but which serve to further the positive development
of children and contain no elements that may result in physical, mental
and emotional harm to them. These include various formats and genre that
appeal to children and are made available for all ages from early childhood
to adolescence; and
d) Child-viewing hours – hours which are considered to be appropriate

for children to watch television taking into account other activities which
are necessary or desirable for their balanced development.
SEC. 4. Establishment of a National Council for Children’s Television.

– There is hereby established a National Council for Children’s Television
(NCCT), hereinafter referred to as the Council, which shall be attached to
the Office of the President for purposes of administrative supervision.
210
The Council shall be composed of five (5) members who shall be

appointed by the President for a term of three (3) years: Provided, That of
the first appointees:
a) the term of the first set of two (2) members shall be for three (3)
years;
b) the term of the second set of two (2) members shall be for two (2)
years; and
c) the term of the remaining member shall be for one (1) year.
The members of the Council shall elect a chairperson from among

themselves.
Members of the Council shall be appointed on the basis of their integrity,

high degree of professionalism and having distinguished themselves as
an authority in the promotion of children’s nmts to responsible television
programming and shall represent the following sectors, namely: academe;
broadcast media, child development specialists, parents and child-focused
non-government organizations duly registered with the Securities and
Exchange Commission (SEC) and with membership preferably in all the
cities and provinces throughout the country. The nominees shall be nominated
by their respective organization and the Council for the Welfare of Children
in consultation with the Advisory Committee.
The members of the Council shall serve and continue to hold office
until their successors shall have been appointed and qualified. Should a
member of the Council fail to complete his/her term, the successor shall be
appointed by the President, but only for the unexpired portion of the term.
The ranks, emoluments and allowances of the members of the Council

shall be in accordance with the Salary Standardization Law and other
applicable laws.
211
SEC. 5. The Council Secretariat. – The Council shall organize a

secretariat to be headed by an Executive Director and with not more than
twenty (20) personnel, as may be determined by the Council. The Council
shall determine the secretariat’s staffing pattern, determine the qualifications,
duties, responsibilities and functions, as well as compensation for the
positions to be created by the Council upon recommendation of the Executive
Director subject to the National Compensation and Classification Plan and
other existing Civil Service rules and regulations.
SEC. 6. The Advisory Committee and Its Composition. – There is

hereby constituted an Advisory Committee which shall assist the Council
in the formulation of national policies pertaining to children’s broadcast
programs and in monitoring its implementation. The Council and the
Advisory Committee shall meet at least once every quarter of a year.
The members of the Advisory Committee shall be composed of the

following:
a) the Executive Director of the Council for the Welfare of Children;
b) the Chairman or Executive Director of the National Commission

for Culture and the Arts;
c) the President of the Kapisanan ng mga Brodkaster sa Pilipinas;
d) the President or Executive Director of the Philippine Association

of National Advertisers;
e) Press Undersecretary/Officer-In-Charge of the Philippine Information

Agency;
f) the Chairman of the Movie and Television Review and Classification

Board; and .
g) a representative from the National Telecommunications

Commission.
212
Whenever any member of the Advisory Committee is unable to attend,

he or she shall designate a representative to attend as his or her alternate.
SEC. 7. Functions of the Council. – The Council shall have the following
functions:.
a) to formulate and recommend plans, policies and priorities for

government and private sector (i.e. broadcasters, producers, advertisers)
action towards the development of high qua1ity locally-produced children’s
television programming, to meet the developmental and informational needs
of children;
b) to promote and encourage the production and broadcasting of

developmentally-appropriate television programs for children through the
administration of a national endowment fund for children’s television and
other necessary mechanisms;
c) to monitor, review and classify children’s television programs and

advertisements aired during the hours known to be child-viewing hours in
order to take appropriate action such as disseminating information to the
public and bringing monitoring results to the attention of concerned agencies
for appropriate action;
d) to formulate, together with the television broadcast industry, a set

of standards for television programs shown during child-viewing hours and
work closely with the industry for the adoption and implementation of said
standards;
e) to initiate the conduct of research for policy formulation and program

development and disseminate its results to broadcasters, advertisers, parents
and educators on issues related to television and Filipino children;
f) to promote media education within the formal school system and

other non-formal means in cooperation with private organizations;
g) to monitor the implementation of this Act and other existing

government policies and regulations pertaining to children’s broadcast
213
programs, as well as to recommend and require the appropriate government

agencies and/or self-regulatory bodies concerned to enforce the appropriate
sanctions for violations of these regulations and policies based on their
respective mandates;
h) to recommend to Congress appropriate legislative measures which

will grant incentives for independent producers and broadcasters to encourage
the production of quality local children’s television programs; and
i) to act on complaints committed in violation of this Act with the goal

of protecting children from the negative and harmful influences and to cause
or initiate the prosecution of violators of this Act.
SEC. 8. Submission of Comprehensive Media Program for Children.

– Within one (1) year from the effectivity of this Act, the Council in
consultation with the Advisory Committee shall submit to Congress a
comprehensive development and protection program with the end in view
of formulating policies on children’s media programs, and recommending
plans and priorities for government towards the promotion, development,
production and broadcasting of developmentally-appropriate media programs
for children. Likewise, it shall prescribe an appropriate set of criteria for
evaluating programs with the end in view of establishing a Television
Violence Rating Code.
Towards this end, the Council may consider internationally-accepted

programs of action for children’s television. More particularly, the Council
shall be guided by the following standards herein to be known as “The
Charter of Children’s Television”:
a) Children should have programs of high quality which’ are made

specifically for them, and which do not exploit them. These programs, in
addition to being entertaining should allow children to develop physically,
mentally and socially to their fullest potential;
b) Children should hear, see and express themselves, their culture,

languages and life experiences through television programs which affirm
their sense of self, community and place;
214
c) Children’s programs should promote an awareness and appreciation

of other cultures in parallel with the child’s own cultural background;
d) Children’s program should be wide-ranging in genre and content,

but should not include gratuitous scenes of violence and sex;
e) Children’s program should be aired in regular time slots when

children are available to view and/or distributed through widely accessible
media or technologies;
f) Sufficient funds must be made available to make these programs

conform to the highest possible standards; and
g) Government, production, distribution and funding organizations

should recognize both the importance and vulnerability of indigenous
children’s television and the steps to support and protect it.
SEC. 9. Allotment of Air time for Educational Children’s Programs.

– A minimum of fifteen percent (15%) of the daily total air time of each
broadcasting network shall be allotted for child-friendly shows within the
regular programming of all networks granted franchises or as a condition
for renewal of broadcast licenses hereinafter, to be included as part of the
network’s responsibility of serving the public.
SEC. 10. Implementing Rules and Regulations. – The Council, in

consultation with all appropriate government agencies and non-government
organizations, shall issue the necessary rules and regulations for the
implementation of this Act within ninety (90) days after its effectivity.
SEC. 11. Penalty. – In the exercise of its administrative function, the

Council shall petition the proper government agencies and/or appropriate
self-regulatory bodies to suspend, revoke or cancel the license to operate
television stations found violating any provision of this Act and its
implementing rules and regulations.
SEC. 12. The National Endowment Fund for Children’s Television.

– The creation of a National Endowment Fund for Children’s Television,
215
hereinafter referred to as the Fund, is created for the promotion of high

standards of indigenous program development in children’s television and
media specifically intended for Filipino children. An amount of Thirty million
pesos (P30,000,000) sourced from the income of the lotto operations of the
Philippine Charity Sweepstakes Office (PCSO) and another Thirty million
pesos (P30,000,000) from the gross income of the Philippine Gaming
Corporation (PAGCOR) shall form part of the Fund.
a) The Fund shall be created for the purpose of developing and

producing high quality television programs that are culturally-relevant and
developmentally-appropriate for children.
b) The Fund is intended to contribute to the development of media

‘programs that contribute to Filipino children’s awareness and appreciation
for their cultural identity, national heritage and social issues that will in turn
help them grow to be productive and nationalistic citizens.
c) Access to the Fund shall be provided by the Council through a grant

application process for qualified producers and organizations with proven
track record in the production of high quality children’s television programs.
Necessary requirements are to be submitted to the Council for approval.
d) Copyright for programs and products to be developed with assistance

from the Fund will be jointly owned by the Council and the producers.
e) Priority shall be given to independent ‘producers and organizations

or institutions including youth organizations who do not have access to the
resources of a national network.
f) The Council is authorized to accept grants, contributions or

donations from private corporations and international donors for the National
Endowment Fund for Children’s Television: Provided, That such grants,
contributions, or donations are exempted from donor’s and donee’s taxes:
Provided, further, That these funds will be used strictly for the endowment
fund.
216
SEC. 13. Appropriations. – For the initial operating expenses of

the Council, the amount of Five million pesos (P5,000,000) is hereby
appropriated out of the funds of the National Treasury not otherwise
appropriated. Thereafter, it shall submit to the Department of Budget and
Management its proposed budget for inclusion in the General Appropriations
Act, approved by Congress.

unconstitutional, the same shall not affect the validity and effectivity of the
other provisions thereof.
SEC. 15. Repealing Clause. – All laws, decrees, executive orders,

presidential proclamations, rules and regulations or parts thereof contrary
to or inconsistent with the provisions of this Act are hereby repealed or
after its publication in the Official Gazette or in at least two (2) newspapers
of general circulation.
Approved,
JOSE DE VENECIA JR. ERNESTO M. MACEDA

Representatives

Representatives on October 14, 2003 and October 23, 1997.

217
Approved : OCT 28, 1997
FIDEL V. RAMOS
218
S. No. 1818
H. No. 10510

Metro Manila
Tenth Congress
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July,
——■——
AN ACT PROMULGATING POLICIES AND PRESCRIBING

MEASURES FOR THE PREVENTION AND CONTROL OF HIV/
AIDS IN THE PHILIPPINES, INSTITUTING A NATIONWIDE
HIV/AIDS INFORMATION AND EDUCATIONAL PROGRAM,
ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING
SYSTEM, STRENGTHENING THE PHILIPPINE NATIONAL AIDS
COUNCIL, AND FOR OTHER PURPOSES

SECTION 1. Title. – This Act shall be known as the “Philippine AIDS

Prevention and Control Act of 1998.”
SEC. 2. Declaration of Policies. – Acquired Immune Deficiency

Syndrome (AIDS) is a disease that recognizes territorial, social political and
219
economic boundaries for which there is no known cure. The gravity of the
AIDS threat demands strong State action today, thus:
(a) The State shall promote public awareness about the causes modes
of transmission, consequences, means of prevention and control of HIV/
AIDS through a comprehensive nationwide educational and information
campaign organized and conducted by the State. Such campaigns shall
promote value formation and employ scientifically proven approaches focus
on the family as a basic social unit, and be carried out in all schools and
training centers, workplaces, and communities. This program shall involve
affected individuals and groups, including people having with HIV/AIDS.
(b) The State shall extend to every person suspected or known to be

infected with HIV/AIDS full protection of his/her human rights and civil
liberties. Towards this end,
(1) compulsory HIV testing shall be considered unlawful unless

otherwise provided in this Act;
(2) the right to privacy of individuals with HIV shall be guaranteed;
(3) discrimination, in all its forms and subtleties, against individuals

with HIV or persons perceived or suspected of having HIV shall be
considered inimical to individual and national interest; and
(4) provision of basic health and social services for individuals with
HIV shall be assured.
(c) The State shall promote utmost safety and universal precau!i0!ls
in practices and procedures that carry the risk of HIV transmission.
(d) The State shall positively’ address and seek to eradicate conditions
that aggravate the spread of HIV infection, including but not limited to
poverty, gender inequality, prostitution, marginalization, drug abuse and
ignorance.
220
(e) The State shall recognize the potential role of affected individuals
in propagating vital information and educational messages about HIV/AIDS
and shall utilize their experience to warn the public about the disease.
SEC. 3. Definition ofTerms. – As used in this Act, the following terms

are defined as follows:
(a) “Acquired Immune Deficiency Syndrome (AIDS)” – a condition

characterized by a combination of signs and symptoms, caused by HIV
contracted from another person and which attacks and weakens the body’s
immune system, making the afflicted individual susceptible to other life-
threatening infections.
(b) “Anonymous Testing” – refers to an HIV testing procedure whereby

the individual being tested does not reveal his/her true identity. An identifying
number or symbol is used to substitute for the name and allows the la6oratory
conducting the test and the person on whom the test is conducted to match
the test results with the identifying number or symbol.
(c) “Compulsory HIV Testing – refers to HIV testing imposed upon a

person attended or characterized by the lack of or vitiated consent, use of
physical force, intimidation or any form of compulsion.
(d) “Contact tracing” – refers to the method of finding and counselling

the sexual partner(s) of a person who has been diagnosed as having sexually
transmitted disease.
(e) “Human Immunodeficiency Virus (HIV)” – refers to the virus which

causes AIDS.
(f) “HIV/AIDS Monitoring” – refers to the documentation and analysis

of the number of HIVIAIDS infections and the pattern of its spread.
(g) “HIV/AJDS Prevention and Control” – refers to measures aimed

at protecting non-infected persons from contracting HIV and minimizing
the impact of the condition of persons living with HIV.
221
(h) “HIV-positive” – refers to the presence of HIV infection as

documented by the presence of HIV or HIV antibodies in the sample being
tested.
(i) “HIV-negative” denotes the absence of HIV or HIV antibodies upon

HIV testing.
(j) “HIV Testing” – refers to any laboratory procedure done on an

individual to determine the presence or absence of HIV infection.
(k) “HIV Transmission” – refers to the transfer of HIV from one

infected person to an uninfected individual, most commonly through sexual
intercourse, blood transfusion, sharing of intravenous needles and during
pregnancy.
(I) “High-Risk Behavior” – refers to a person’s frequent involvement in

certain activities which increase the risk of transmitting or acquiring HIV.
(m) “Informed Consent” – refers to the voluntary agreement of a person

to undergo or be subjected to a procedure based on full information, whether
such permission is written, conveyed verbally, or expressed indirectly.
(n) “Medical Confidentiality” – refers to the relationship of trust

and confidence created or existing between a patient or a person with HIV
and his attending physician, consulting medical specialist, nurse, medical
technologist and all other health workers or personnel involved in any
counselling, testing or professional care of the former’ it also applies to any
person who, in any official capacity, has acquired or may have acquired such
confidential information.
(o) “Person with HIV” – refers to an individual whose HIV test

indicates, directly or indirectly, that he/she is infected with HIV.
(p) “Pre-Test Counselling” – refers to the process of providing

an individual information on the biomedical aspects of HIVIAIDS and
emotional support to any psychological implications of undergoing HIV
testing and the test result itself before he/she is subjected to the test.
222
(q) “Post-Test Counselling” – refers to the process of providing risk-

reduction information and emotional support to a person who submitted to
HIV testing at the time that the test result is released.
(r) “Prophylactic” – refers to any agent or device used to prevent the

transmission of a disease.
(s) “Sexually Transmitted Diseases” – refers to any disease that may

be acquired or passed on through sexual contact.
(t) “Voluntary HIV Testing” – refers to HIV testing done on an

individual who, after having undergone pre-test counselling, willingly
submits himself/herself to such test.
(u) “Window Period” – refers to the period of time, usually lasting

from two weeks to six (6) months during which an infected individual will
test “negative” upon HIV testing but can actually transmit the infection.
ARTICLE I
EDUCATION AND INFORMATION
SEC. 4. HIV/AIDS Education in Schools. – The Department of

Education Culture and Sports (DECS) the Commission on Higher Education
(CHED). and the Technical Education and Skills Development Authority
(TESDA) utilizing official information provided by the Department of
Health, shall integrate instruction on the causes, modes of transmission
and ways of preventing HIVIAIDS and other sexually transmitted diseases
in subjects taught in public and private schools at intermediate grades,
secondary and tertiary levels, including non-formal and indigenous learning
systems: Provided, That if the integration of HIVIAIDS education is not
appropriate or feasible the DECS and TESDA shall design special modules
on HIVIAIDS prevention and control: Provided, further, That it shall not
be used as an excuse to propagate birth control or the sale or distribution
of birth control devices: Provided, finally, That it does not utilize sexually
explicit materials.
223
Flexibility in the formulation and adoption of appropriate course

content, scope, and methodology in each educational level or group shall be
allowed after consultations with Parent-Teachers-Community Associations,
Private School Associations, school officials, and other interest groups.
As such, no instruction shall be offered to minors without adequate prior
consultation with parents who must agree to the thrust and content of the
instruction materials.
All teachers and instructors of said HIV/AIDS courses shall be required

to undergo a seminar or training on HIVIAIDS prevention and control to
be supervised by DECS, CHED and TESDA, m coordination with the
Department of Health (DOH), before they are allowed to teach on the
subject.
SEC. 5. HIV/AIDS Information as a Health Service. – HIV/AIDS

education and information dissemination shall form part of the delivery
of health services by health practitioners, workers and personnel. The
knowledge and capabilities of all public health workers shall be enhanced
to include skills for proper information dissemination and education on HIV/
AIDS. It shall likewise be considered a civic duty of health providers in the
private sector to make available to the public such information necessary
to control the spread of HIVIAIDS and to correct common misconceptions
about this disease. The training of health workers shall include discussions
on HIV-related ethical issues such as confidentiality, informed consent and
the duty to provide treatment.
SEC. 6. HIV/AlDS Education in the Workplace. – All government and

private employees, worker; managers and supervisors, including members
of the Armed Forces or the Philippines (AFP) and the Philippine National
Police (PNP), shall be provided with the standardized basic information
and instruction on HIVIAIDS which shall include topics on confidentiality
in the workplace and attitude towards infected employees and workers.
In collaboration with the Department of Health (DOH), the Secretary of
the Department of Labor and Employment (DOLE) shall oversee the anti-
HIVIAIDS campaign in all private companies while the Armed Forces Chief
of Staff and the Director General of the PNP shall oversee the implementation
of this section.
224
SEC. 7. HIV/AIDS Education for Filipinos Going Abroad. – The State

shall ensure that all overseas Filipino workers and diplomatic, military, trade,
and labor officials and personnel to be assigned overseas shall undergo or
attend a seminar on the cause, prevention and consequences of HIVIAIDS
before certification for overseas assignment. The Department of Labor
and Employment or the Department of Foreign Affairs, the Department of
Tourism and the Department of Justice through the Bureau of Immigration,
as the case may be, in collaboration with die Department of Health (DOH),
shall oversee the implementation of this Section.
S EC . 8. Information Campaign for Tourists and Transients.–

Informational aids or materials on the cause, modes of transmission,
prevention, and consequences of HIV infection shall be adequately provided
at all international ports of entry and exit. The Department of Tourism, the
Department of Foreign Affairs, the Department of Justice through the Bureau
of Immigration, in collaboration with the Department of Health (DOH), shall
oversee the implementation of this Act.
SEC. 9. HIV/AlDS Education in Communities. – Local government

units, in collaboration with the Department of Health (DOH), shall conduct
an educational and information campaign on HIV/AIDS. The provincial
governor city or municipal mayor and the barangay captain shall coordinate
such campaign among concerned government agencies, non-government
organizations and church-based groups.
SEC. 10. Information on Prophylactics. – Appropriate information

shall be attached to or provided with every prophylactic offered for sale or
given as a donation. Such information shall be legibly printed in English
and Filipino, and contain literature on the proper use of the prophylactic
device or agent, its efficacy against HIV and SID infection, as well as the
importance of sexual abstinence and mutual fidelity.
SEC. 11. Penalties for Misleading Information. – Misinformation on

HIV/AIDS prevention and control thorough false and misleading advertising
an claims in any of the tri-media or the promotional marketing of drugs,
devices, agents or procedures without prior approval from the Department
225
of Health and the Bureau of Food and Drugs and the requisite medical and
scientific basis, including markings and indications in drugs and devises or
agents, purporting to be a cure or a fail-safe prophylactic for HIV infection
punishable with a penalty of imprisonment for two (2) months to two (2)
years, without prejudice to the imposition of administrative sanctions such
as fines and suspension or revocation of professional or business license.
ARTICLE II
SAFE PRACTICES AND PROCEDURES
SEC. 12. Requirement on the Donation of Blood, Tissue, or Organ. – No

laboratory or institution shall accept a donation of tissue or organ, whether
such donation is gratuitous or onerous, unless a sample from the donor has
been tested negative for HIV. All donated blood shall also be subjected to
HIV testing and HIV(+) blood shall be disposed of properly and immediately.
A second testing may be demanded as a matter of right by the blood tissue,
or organ recipient or his immediate relatives before transfusion or transplant,
except during emergency cases: Provided, That donations of blood, tissue,
or organ testing positive for HIV may be accepted for research purposes
only, and subject to strict sanitary disposal requirements.
SEC. 13. Guidelines on Surgical and Similar Procedures. – The

Department of Health (DOH), in consultation and in coordination with
concerned professional organizations and hospital associations, shall issue
guidelines on precautions against HIV transmission during surgical dental,
embalming, tattooing or similar procedures. The DOH shall likewise issue
guidelines on the handling and disposition of cadavers, body fluids or wastes
of persons known or believed to be HIV-positive.
The necessary protective equipment such as gloves, goggles and

gowns, shall be made available to an physicians and health care providers
and similarly exposed personnel at all times.
SEC. 14. Penalties for Unsafe Practices and Procedures. – Any

person who knowingly or negligently causes another to get infected with
226
HIV in the course of the practice of his/her profession through unsafe and
unsanitary practice or procedure is liable to suffer a penalty of imprisonment
for six (6) years to twelve (12) years without prejudice to the imposition of
administrative sanctions such as, but not limited to, fines and suspension or
revocation of the license to practice his/her profession. The permit or license
of any business entity and the accreditation of hospitals, laboratory, or clinics
may be cancelled or withdrawn if said establishments fail to maintain such
safe practices and procedures as may be required by the guidelines to be
formulated in compliance with Section 13 of this Act.
ARTICLE III
TESTING, SCREENING AND COUNSELLING
SEC. 15. Consent as a Requisite for HIV Testing. – No compulsory

HIV testing shall be allowed: However, the State shall encourage voluntary
testing for individuals with a high risk for contracting HIV: Provided, That
written informed consent must first be obtained. Such consent shall be
obtained from the person concerned if he/she is of legal age or from the
parents or legal guardian in the case of a minor or a mentally incapacitated
individual. Lawful consent to my testing of a donated human body, organ,
tissue, or blood shall be considered as having been given when:
(a) a person volunteers or freely agrees to donate his/her blood, organ,

or tissue for transfusion, transplantation, or research;
(b) a person has executed a legacy in accordance with Section 3 of

Republic Act No. 7170, also known as the “Organ Donation Act of 1991’;
(c) a donation is executed in accordance with Section 4 of Republic Act
No. 7170.
SEC. 16. Prohibitions on Compulsory HIV Testing. – Compulsory

HIV testing as a precondition to employment, admission to educational
institutions, the exercise of freedom of abode, entry or continued stay in
the country, or the right to travel, the provision of medical service or any
other kind of service or the continued enjoyment of said undertakings shall
be deemed unlawful.
227
SEC. 17. Exception to the Prohibition on Compulsory Testing. –

Compulsory HIV testing may be allowed only in the following instances:
a) When a person is charged with any of the crimes punishable under

Articles 264 and 266 as amended by Republic Act No. 8353, 335 and 338
of Republic Act No. 3815, otherwise known as the “Revised Penal Code”
or under Republic Act No. 7659;
b) When the determination of the HIY status is necessary to resolve

the relevant issues under Executive Order No. 309, otherwise known as the
“Family Code of the Philippines”; and
c) When complying with the provisions of Republic Act No. 7170,

otherwise known as the ‘’Organ Donation Act” and Republic Act No. 1719,
otherwise known as the “National Blood Services Act”.
SEC. 18. Anonymous HIV Testing. – The State shall provide a

mechanism for anonymous HIV testing and shall guarantee anonymity and
medical confidentiality in the con<luct of sucti tests.
SEC. 19. Accreditation of HIV Testing Centers. – All testing centers,

hospitals, clinics, and laboratories offering HIV testing services are mandated
to seek accreditation from the Department of Health which shall set and
maintain reasonable accreditation standards.
SEC. 20. Pre-tesl and Post-test Counselling. – All testing centers,

clinics, or laboratories which perform any HIV test shall be required to
provide and conduct free pre-test counselling and post-test counselling
for persons who avail or their HIVIAIDS testing services. However, such
counselling services must be provided only by persons who meet the
standards set by the DOH.
SEC. 21. Support/or HIV Testing Centers. – The Department of Health

shall strategically build and enhance the capabilities for HIV testing of
hospitals, clinics, laboratories, and other testing centers primarily, by ensuring
the training of competent personnel who will provide such services in said
testing sites.
228
ARTICLE IV
HEALTH AND SUPPORT SERVICES
SEC. 22. Hospital-Based Services. – Persons with HIVIAIDS shall be

afforded basic health services in all government hospitals, without prejudice
to optimum medical care which may be provided by special AIDS wards
and hospitals.
SEC. 23. Community-Based Services. – Local government units, in

coordination and in cooperation with concerned government agencies, non-
government organizations, persons with HIVIAIDS and groups most at risk
of HIV infection shall provide community-based HIVIAIDS prevention and
care services.
SEC. 24. Livelihood Programs and Trainings. – Trainings for livelihood,

self-help cooperative programs shall be made accessible and available to
all persons with HIVIAIDS. Persons infected with HIVI AIDS shall not be
deprived of full participation in any livelihood, self-help and cooperative
programs for reason of their health conditions.
SEC. 25. Control of Sexually Transmitted Diseases. – The Department

of Health, in coordination and in cooperation with concerned government
agencies and non-government organizations shall pursue the prevention and
control of sexually transmitted diseases to help contain the spread of HIV
infection.
SEC. 26. Insurance for Persons with HIV. – The Secretary of Health, in
cooperation with the Commissioner of the Insurance Commission and other
public and private insurance agencies, shall conduct a study on the feasibility
and viability of setting up a package of insurance benefits and, should such
study warrant it, implement an insurance coverage program for persons
with H1V. The study shall be guided by the principle that access to health
insurance is part of an individual’s right to health and is the responsibility
of the State and of society as a whole.
229
ARTICLE V
MONITORING
SEC. 27. Monitoring Program. – A comprehensive HIV/AIDS monitoring

program or “AIDSWATCH” shall be established under the Department of
Health to determine and monitor the magnitude and. progression of HIV
infection in the Philippines, and for the purpose of evaluating the adequacy
and efficacy of the counter measures being employed.
SEC. 28. Reporting Procedures. – All hospitals, clinics, laboratories, and

testing centers for HIVIAIDS shall adopt measures in assuring the reporting
and confidentiality of any medical record, personal data, file, including all
data which may be accessed from various data banks or information systems.
The Department of Health through its AIDSWATCH monitoring program
shall receive, collate and evaluate all HIVIAIDS related medical reports. The
AIDSWATCH data base shall utilize a coding system that promotes client
anonymity.
SEC. 29. Contact Tracing. – HIVIAIDS contact tracing and all other
related health intelligence activities may be pursued by the Department
of Health: Provided, That these do not run counter to the general purpose
of this Act: Provided, further, That any information gathered shall remain
confidential and classified, and can only. be used for statistical and monitoring
purposes and not as basis or qualification for any employment, school
attendance, freedom of abode, or travel.
ARTICLE VI
CONFIDENTIALITY
SEC. 30. Medical Confidentiality. – All health professionals, medical

instructors, workers, employers, recruitment agencies, insurance companies,
data encoders, and other custodians of any medical record, file data, or test
results are directed to strictly observe confidentiality in the handling of all
medical information, particularly the identity and status of persons with
HIV.
230
SEC. 31. Exceptions to the Mandate of Confidentiality. – Medical

confidentiality shall not be considered breached in the following cases:
(a) when complying with reportorial requirements in conjunction with

the AIDSWATCH programs provided in Section 27 of this Act;
(b) when informing other health workers directly involved or about to

be involved in the treatment or care of a person with HIV/ AIDS: Provided,
That such treatment or care carry the risk of HIV transmission: Provided,
further, That such workers shall be obliged to maintain the shared medical
confidentiality;
(c) when responding to a subpoena duces tecum and subpoena ad

testificandum issued by a Court with jurisdiction over a legal proceeding
where the main issue is the HIV status of an individual: Provided, That the
confidential medical record shall be properly sealed by its lawful custodian
after being double-checked for accuracy by the head of the office or
department, hand delivered and personally opened by the judge: Provided,
further, That the judicial proceedings be held In executive session.
SEC. 32. Release of HIV/AIDS Test Results. – All results of HIV/AIDS

testing shall be confidential and shall be released only to the following
persons:
(a) the person who submitted hirnselt7berself to such test;
(b) either parent of a minor child who has been tested;
(c) a legal guardian in the case of insane persons or orphans;
(d) a person authorized to receive such results in conjunction with die

AIDSWATCH program as provided in Section 27 of this Act;
(e) a justice of the Court of Appeals or the Supreme Court, as provided

under subsection (c) of this Act and in accordance with the provision of
Section 16 hereof.
231
SEC. 33. Penalties for Violations of Confjdentiality. – Any violation of

medical confidentiality as provided in Sections 30 and 32 of this Act shall
suffer the penalty of imprisonment for six (6) months to four (4) years,
without prejudice to administrative sanctions such as fines and suspension
or revocation of the violator’s license to practice his/her profession, as well
as the cancellation or withdrawal of the license to operate any business entity
and the accreditation of hospitals, laboratories or clinics.
SEC. 34. Disclosure to Sexual Partners. – Any person with HIV is

obliged to disclose his/her HIV status and health condition to his/her spouse
or sexual partner at the earliest opportune time.
ARTICLE VII
DISCRIMINATORY ACTS AND POLICIES
SEC. 35. Discrimination in the Workplace. – Discrimination in any form

from pre-employment to post-employment, including hiring promotion or
assignment, based on the actual, perceived or suspected HIV status of an
individual is prohibited. Termination from work on the sole basis of actual,
perceived or suspected HIV status is deemed unlawful.
SEC. 36. Discrimination in Schools. – No educational institution shall

refuse admission or expel, discipline, segregate, deny participation, benefits
or services to a student or prospective student on the basis of his/her actual,
perceived or suspected HIV status.
SEC. 37. Restrictions on Travel and Habitation. – The freedom of

abode, lodging and travel of a person with HIV shall not be abridged. No
person shall be quarantined, placed in isolation, or refused lawful entry into
or deported from Philippine territory on account of his/her actual, perceived
or suspected HIV status.
SEC. 38. Inhibition from Public Service. – The right to seek an elective
or appointive public office shall not be denied to a person with mv.
232
SEC. 39. Exclusion from Credit and Insurance Services. – All credit and
loan services, including health, accident and life insurance shall not be denied
to a person on the basis of his/her actual, perceived or suspected HIV status:
Provided, That the person with HIV has not concealed or misrepresented the
fact to the insurance company upon application. Extension and continuation
of credit and loan shall likewise not be denied solely on the basis of said
health condition.
SEC. 40. Discrimination in Hospitals and Health Institutions. – No

person shall be denied health care service or be charged with a higher fee
on account of actual, perceived or suspected HIV status.
SEC. 41. Denial of Burial Services. – A deceased person who had AIDS
or who was known, suspected or perceived to be HIV-positive shall not be
denied any kind of decent burial services.
SEC. 42. Penalties for Discriminatory Acts and Policies. – All

discriminatory acts and policies referred to in this Act shall be punishable
with a penalty of imprisonment for six (6) months to four (4) years and a
fine not exceeding Ten thousand (P10,000.00). In addition, licenses/permits
of schools, hospitals and other institutions found guilty of committing
discriminatory acts and policies described in this Act shall be revoked.
ARTICLE VIII
THE PHILIPPINE NATIONAL AIDS COUNCIL
SEC. 43. Establishment. – The Philippine National AIDS Council

(PNAC) created by virtue of Executive Order No. 39 dated 3 December 1992
shall be reconstituted and strengthened to enable the Council to oversee an
integrated and comprehensive approach to HIV/AIDS prevention and control
in the Philippines. It Shall be attached to the Department of Health.
SEC. 44. Functions. – The Council shall be the central advisory,

planning and policy-making body for the comprehensive and integrated
233
HIV/AIDS prevention and control program in the Philippines. The Council

shall perform the following functions:
(a) Secure from government agencies concerned recommendations

on how their respective agencies could operationalize specific provisions of
this Act. The Council shall integrate and coordinate such recommendations
and issue implementing rules and regulations of this Act. The Council shall
likewise ensure that there is adequate coverage of the following:
(1) The institution of a nationwide HIV/AIDS information and

education program;
(2) The establishment of a comprehensive HIV/AIDS monitoring

system;
(3) The issuance of guidelines on medical and other practices and

procedures that carry the risk of HIV transmission;
(4) The provision of accessible and affordable HIV my testing and

counselling services to those who are in need of it;
(5) The provision of acceptable health and support services for persons
with HIV/AIDS in hospitals and in communities;
(6) The protection and promotion of the rights of individuals with HIY;
and
(7) The strict observance of medical confidentiality.
(b) Monitor the implementation of the roles and regulations of this

Act, issue or cause the issuance of orders or make recommendations to the
implementing agencies as the Council considers appropriate;
(c) Develop a comprehensive long-term national HIV/AIDS prevention

and control program and monitor its implementation;
234
(d) Coordinate the activities of and strengthen working relationships

between government and non-government agencies involved in the campaign
against HIV/AIDS;
(e) Coordinate and cooperate with foreign and international

organizations regarding data collection research and treatment modalities
concerning HIV/AIDS; and
(f) Evaluate the adequacy of and make recommendations regarding

the utilization of national resources for the prevention and control of HIV/
AIDS in the Philippines.
SEC. 45. Membership and Composition. – (a) The Council shall be

composed of twenty-six (26) members as follows:
(1) The Secretary of the Department of Health;
(2) The Secretary of the Department of Education, Culture and Sports

or his representative;
(3) The Chairperson of the Commission on Higher Education or his

representative;
(4) The Director-General of the Technical Education and Skill~

Development Authority or his representative;
(5) The Secretary of the Department of Labor and Employment or his

representative;
(6) The Secretary of the Department of Social Welfare and Development

or his representative;
(7) The ~of the Department of the Interior and Local Government or
his representative;
235
(8) The Secretary of the Department of Justice or his representative;
(9) The Director-General of the National Economic and Development

Authority or his representative;
(10) The Secretary of the Department of Tourism or his

representative;
(11) The Secretary of the Department of Budget and Management or

his representative;
(l2) The Secretary of the Department of Foreign Affairs or his

representative;
(13) The Head of the Philippine Information Agency or his

representative;
(14) The President of the League of Governors or his representative;
(15) The President of the League of City Mayors or his

representative;
(16) The Chairperson of the Committee on Health of the Senate of the

Philippines or his representative;
(17) The Chairperson of the Committee on Health of the House of

Representatives or his representative;
(18) Two (2) representatives from organizations of medical/health

professionals;
(19) Six (6) representatives from non-government organizations

involved m HIV/AIDS prevention and control efforts or activities; and
(20) A representative of an organization of persons dealing with HIV/

AIDS,
236
(b) To the greatest extent possible, appointment to the Council must

ensure sufficient and discernible representation from the fields of medicine,
education, health care, law, labor, ethics and social services;
(c) All members of the Council shall be appointed by the President of

the Republic of the Philippines, except for the representatives of the Senate
and the House of Representatives, who shall be appointed by the Senate
President and the House Speaker, respectively;
(d) The members of the Council shall be appointed not later than thirty
(30) days after the date of the enactment of this Act;
(e) The Secretary of Health shall be the permanent chairperson of the

Council; however, the vice-chairperson shall be elected by its members from
among themselves, and shall serve for a term of two (2) years; and
(f) For members representing medical/health professional groups and

the six (6) non-government organizations, they shall serve for a term of two
(2) years, renewable upon recommendation of the Council.
SEC. 46. Reports. – The Council shall submit to the President and to
both Houses of Congress comprehensive annual reports on the activities
and accomplishri1ents of the Council. Such annual reports shall contain
assessments and evaluation of intervention programs, plans and strategies
for the medium-and long-term prevention and control program on HIV/
AIDS in the Philippines.
SEC. 47. Creation of Special HIV/AIDS Prevention and Control Service.

– There shall be created in the Department of Health a Special HIV/AIDS
Prevention and Control Service staffed by qualified medical specialists and
support staff with permanent appointment and supported with an adequate
yearly budget. It shall implement programs on HIV/ AIDS prevention and
control. In addition, it shall also serve as the secretariat of the Council.
SEC. 48. Appropriations. – The amount of Twenty million pesos

(P20,000,000.00) shall be initially appropriated out of the funds of the
237
National Treasury. Subsequent appropriations shall be provided by Congress

in the annual budget of the Department of Health under the General
Appropriations Act.
ARTICLE IX
MISCELLANEOUS PROVISIONS
SEC. 49. Implementing Rules and Regulations. – Within six (6) months
after it is fully reconstituted, the Council shall formulate and issue the
appropriate rules and regulations necessary for the implementation of this
Act.

invalid, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.

orders and their implementing rules inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.
SEC. 52. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.
Approved,
JOSE DE VENECIA, JR. NEPTALI A. GONZALES

of Representatives
238

ROBERTO P. NAZARENO HEZEL P. GACUTAN

Approved : FEB 13, 1998
FIDEL V. RAMOS
239
S. No. 2280
H. No. 9962

Metro Manila
Tenth Congress
Begun and held in Metro Manila on Monday the twenty-eight day of
July, nineteen hundred and ninety-seven.
——■——
AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE

VICTIMS, ESTABLISHING FOR THE PURPOSE A RAPE CRISIS
CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE
APPROPRIATION OF FUNDS THERFOR, AND FOR OTHER
PURPOSES

in Congress Assembled:
SECTION I. Title. – This Act shall be known as the “Rape Victim

Assistance and Protection Act of 1998.”
SEC. 2. Declaration of Policy. – It is hereby declared the policy of

the State to provide necessary assistance and protection for rape victims.
Towards this end, the government shall coordinate its various agencies and
non-government organizations to work hand in hand for the establishment
240
and operation of a rape crisis center in every province and city that shall assist
and protect rape victims in the litigation of their cases and their recovery.
SEC. 3. Rape Crisis Center. – The Department of Social Welfare and

Development (DSWD), the Department of Health (DOH), the Department
of the Interior and Local Government (DILG), the Department of Justice
(001), and a lead non-government organization (NGO) with proven track
record or experience in handling sexual abuse cases, shall establish in every
province and city a rape crisis center located in a government hospital or
health clinic or in any other suitable place for the purpose of:
(a) Providing rape victims with psychological counselling, medical

and health services, including their medico-legal examination;
(b) Securing free legal assistance or service, when necessary, for rape
victims;
(c) Assisting rape victims in the investigation to hasten the arrest of

offenders and the filing of cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever

necessary for the family of rape victims;
(f) Developing and undertaking a training program for law enforcement

officers, public prosecutors, lawyers, medico-legal officers, social workers,
and barangay officials on human rights and responsibilities; gender sensitivity
and legal management of rape cases; and
(g) Adopting and implementing programs for the recovery of rape

victims.
The DSWD shall be the lead agency in the establishment and operation
of the Rape Crisis Center.
241
SEC. 4. Duty of the Police Officer. – Upon receipt by the police of the
complaint for rape, it shall be the duty of the police officer to:
(a) Immediately refer the case to the prosecutor for inquest! investigation
if the accused is detained; otherwise, the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party;
and
(c) Immediately make a report on the action taken.
It shall be the duty of the police officer or the examining physician,

who must be of the same gender as the offended party, to ensure that only
persons expressly authorized by the offended party shall be allowed inside
the room where the investigation or medical or physical examination is being
conducted.
For this purpose, a women’s desk must be established in every police

precinct throughout the country to provide a police woman to conduct
investigation of complaints of women rape victims. In the same manner,
the preliminary investigation proper or inquest of women rape victims must
be assigned to female prosecutor or prosecutors after the police shall have
endorsed all the pertinent papers thereof to the same office.
SEC. 5. Protective Measures. – At any stage of the investigation,

prosecution and trial of a complaint for rape, the police officer, the prosecutor,
the court and its officers, as well as the parties to the complaint shall recognize
the right to privacy of the offended party and the accused. Towards this end,
the police officer, prosecutor, or the court to whom the complaint has been
referred may, whenever necessary to ensure fair and impartial proceedings,
and after considering all circumstances for the best interest of the parties,
order a closed-door investigation, prosecution or trial and that the name and
personal circumstances of the offended party and/or the accused, or any other
information tending to establish their identities, and such circumstances or
information on the complaint shall not be disclosed to the public.
242
The investigating officer or prosecutor shall inform the parties that the
proceedings can be conducted in a language or dialect known or familiar to
them.
S EC . 6. Rape Shield – In prosecutions for rape, evidence of

complainant’s past sexual conduct, opinion thereof or of his/her reputation
shall not be admitted unless, and only to the extent that the court finds, that
such evidence is material and relevant to the case.
SEC. 7. Appropriations. – For the establishment and operation of

the rape crisis centers during the first year of implementation of this Act,
the amount of One hundred twenty million pesos (P120,000,000.00)
shall be charged against the Organizational Adjustment Fund, as follows:
Sixty million pesos (P60,000,000.00) for the DSWD; and Twenty million
pesos (P20,000,000.00) each for the DOH, DILG, and DOJ, respectively.
Thereafter, the necessary amount for the rape crisis centers shall be included
in the budgetary allocations for the agencies concerned in the annual General
Appropriations Act.
SEC. 8. Implementing Rules and Regulations. – Within ninety (90)

days upon the approval of this Act, all concerned agencies shall formulate
rules and regulations as may be necessary for the proper implementation
thereof.
SEC. 9. Separability Clause. – If any part, section or provision of this

Act is declared invalid or unconstitutional, the other parts thereof not affected
thereby shall remain valid.
SEC. 10. Repealing Clause. – All laws, acts, presidential decrees,

executive orders, administrative orders, rules and regulations inconsistent
with or contrary to the provisions of this Act are deemed amended, modified
or repealed accordingly.
completion of its publication in at least two (2) newspapers of general
circulation.
243
Approved,
JOSE DE VENECIA, JR NEPTALI A. GONZALES

of Representatives

Representatives of February 4, 1998 and February 5, 1998, respectively.
ROBERTO P. NAZARENO HEZEL P. GACUTAN

Approved: February 13, 1998
FIDEL V. RAMOS
244
S. No. 1523
H. No. 10378

Metro Manila
Tenth Congress
Fourth Special Session
Begun and held in Metro Manila, on Monday, the eleventh day of February,
nineteen hundred and ninety-eight.
——■——
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE

DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR
OTHER PURPOSES

ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. – This Act shall be known as the “Domestic

Adoption Act of 1998.”
SEC. 2. Declaration of Policies.
245
(a) It is hereby declared the policy of the State to ensure that every
child remains under the care and custody of his/her parent(s) and be provided
with love, care, understanding and security towards the full and harmonious
development of his/her personality. Only when such efforts prove insufficient
and no appropriate placement or adoption within the child’s extended family
is available shall adoption by an unrelated person be considered.
(b) In all matters relating to the care, custody and adoption of a child,
his/her interest shall be the paramount consideration in accordance with
the tenets set forth in the United Nations (UN) Convention on the Rights
of the Child; UN Declaration on Social and Legal Principles Relating to
the Protection and Welfare of Children with Special Reference to Foster
Placement and Adoption, Nationally and Internationally; and the Hague
Convention on the Protection of Children and Cooperation in Respect of
Intercountry Adoption. Toward this end, the State shall provide alternative
protection and assistance through foster care or adoption for every child who
is neglected, orphaned, or abandoned.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions

to relinquish his/her parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her

biological parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb his/her parental

authority and custody over his/her adopted child.
Any voluntary or involuntary termination of parental authority shall

be administratively or judicially declared so as to establish the status of the
child as “legally available for adoption” and his/her custody transferred to
the Department of Social Welfare and Development or to any duly licensed
and accredited child-placing or child-caring agency, which entity shall be
authorized to take steps for the permanent placement of the child;
246
(iv) Conduct public information and educational campaigns to promote

a positive environment for adoption;
(v) Ensure that sufficient capacity exists within government and private
sector agencies to handle adoption inquiries, process domestic adoption
applications, and offer adoption-related services including, but not limited
to, parent preparation and post-adoption education and counseling; and
(vi) Encourage domestic adoption so as to preserve the child’s identity

and culture in his/her native land, and only when this is not available shall
intercountry adoption be considered as a last resort.

terms shall be defined as:
(a) “Child” is a person below eighteen (18) years of age.
(b) “A child legally available for adoption” refers to a child who has
been voluntarily or involuntarily committed to the Department or to a duly
licensed and accredited child-placing or child-caring agency, freed of the
parental authority of his/her biological parent(s) or guardian or adopter(s)
in case of rescission of adoption.
(c) “Voluntarily committed child” is one whose parent(s) knowingly

and willingly relinquishes parental authority to the Department.
(d) “Involuntarily committed child” is one whose parent(s), known or

unknown. bas been permanently and judicially deprived of parental authority
due to abandonment; substantial, continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibilities.
(e) “Abandoned child” refers to one who has no proper parental care
or guardianship or whose parent(s) has deserted him/her for a period of at
least six (6) continuous months and has been judicially declared as such.
247
(f) “Supervised trial custody’ is a period of time within which a social

worker oversees the adjustment and emotional readiness of both adopter(s)
and adoptee in stabilizing their filial relationship.
(g) “Department” refers to the Department of Social Welfare and

Development
(h) “Child-placing agency” is a duly licensed and accredited agency by

the Department to provide comprehensive child welfare services including,
but not limited to, receiving applications for adoption, evaluating the
prospective adoptive parents, and preparing the adoption home study.
(i) “Child-caring agency” is a duly licensed and accredited agency by

the Department that provides twenty four (24)-hour residential care services
for abandoned, orphaned, neglected, or voluntarily committed children.
(j) “Simulation of birth’ is the tampering of the civil registry making it

appear in the bit1h records that a certain child was born to a person who is
not his/her biological mother, causing such child to lose his/her true identity
and status.
ARTICLE II
PRE-ADOPTION SERVICES
SEC. 4. Counseling Services. – The Department shall provide the

services of licensed social workers to the following:
(a) Biological Parent(s) – Counseling shall be provided to the parent(s)

before and after the birth of his/her child. No binding commitment to an
adoption plan shall be permitted before the birth of his/her child. A period
of six (6) months shall be allowed for the biological parent(s) to reconsider
any decision to relinquish his/her child for adoption before the decision
becomes irrevocable. Counseling and rehabilitation services shall also be
offered to the biological parent(s) after he/she has relinquished his/her child
for adoption.
248
Steps shall be taken by the Department to ensure that no hurried decisions

are made and all alternatives for the child’s future and the implications of
each alternative have been provided.
(b) Prospective Adoptive Parent(s) -Counseling sessions, adoption

fora and seminars, among others, shall be provided to prospective adoptive
parent(s) to resolve possible adoption issues and to prepare him/her for
effective parenting.
(c) Prospective Adoptee -Counseling sessions sbal1 be provided to

ensure that he/she understands the nature and effects of adoption and is able
to express his/her views on adoption in accordance with his/her age and level
of maturity.
SEC. 5. Location o fUnknown Parent(s). – It shall be the duty of

the Department or the child-placing or child-caring agency which has
custody of the child to exert all efforts to locate his/her unknown biological
parent(s). If such efforts fail, the child shall be registered as a foundling
and subsequently bel the subject of legal proceedings where he/she shall be
declared abandoned.
SEC. 6. Support Services. – The Department shall develop a pre-

adoption program which shall include, among others, the above mentioned
services.
ARTICLE III
ELIGIBILTY
SEC. 7. Who May Adopt. – The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity
and legal rights, of good moral character, bas not been convicted of any crime
involving moral turpitude, emotionally and psychologically capable of caring
for children, at least sixteen (16) years older than the adoptee, and who is
249
in a position to support and care for his/her children in keeping with the
means of the family. The requirement of sixteen (16) year difference between
the age of the adopter and adoptee may be waived when the adopter is the
biological parent of the adoptee, or is the spouse of the adoptee’s parent;
(b) Any alien possessing the same qualifications as above stated for
Filipino nationals: Provided, That his/her country has diplomatic relations
with the Republic of the Philippines, that he/she has been living in the
Philippines for at least three (3) continuous years prior to the filing of the
application for adoption and maintains such residence until the adoption
decree is entered, that he/she has been certified by his/her diplomatic or
consular office or any appropriate government agency that he/she bas the
legal capacity to adopt in his/her country, and that his/her government
allows the adoptee to enter his/her country as his/her adopted son/daughter:
Provided, Further, That the requirements on residency and certification of
the alien’s qualification to adopt in his/her country may be waived for the
following:
(i) a former Filipino citizen who seeks to adopt a relative within the
fourth (4th ) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her

Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly
with his/her spouse a relative within the fourth (4th) degree of consanguinity
or affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/ daughter of the
other; or
250
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter.

Provided, However, that the other spouse bas signified his/her consent thereto;
or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the
illegitimate son/daughter of the other, joint parental authority shall be
exercised by the spouses.
SEC. 8. Who May Be Adopted – The following may be adopted:
(a) Any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/

her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been
consistently considered and treated by the adopter(s) as his/her own child·
since minority;
(e) A child whose adoption bas been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided,

That no proceedings shall be initiated within six (6) months from the time
of death of said parent(s).
SEC. 9. Whose Consent is Necessary to the Adoption. – After being

properly counseled and informed of his/her right to give or withhold his/her
approval of the adoption, the written consent of the following to the adoption
is hereby required:
251
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian,
or the proper government instrumentality which has legal custody of the
child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age
or over, of the adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of

the adopter if living with said adopter and the latter’s spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV
PROCEDURE
SEC. 10. Hurried Decisions. – In all proceedings for adoption, the court
shall require proof that the biological parent(s) has been properly counseled
to prevent him/her from making hurried decisions caused by strain or anxiety
to give up the child, and to sustain that all measures to strengthen the family
have been exhausted and that any prolonged stay of the child in his/her own
home will be inimical to his/her welfare and interest.
SEC. 11. Case Study. – No petition for adoption shall be set for hearing
unless a licensed social worker of the Department, the social service office
of the local government unit, or any child-placing or child-caring agency
has made a case study of the adoptee, his/her biological parent(s), as well
as the adopter(s), and has submitted the report and recommendations on the
matter to the court hearing such petition.
At the time of preparation of the adoptee’s case study, the concerned

social worker shall confirm with the Civil Registry the real identity and
registered name of the adoptee. If the birth of the adoptee was not registered
252
with the Civil Registry, it shall be the responsibility of the concerned social
worker to ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally
available for adoption and that the documents to support this fact are valid
and authentic. Further, the case study of the adopter(s) shall ascertain his/her
genuine intentions and that the adoption is in the best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds, after

the conduct of the case studies, that the petition should be denied. The case
studies and other relevant documents and records pertaining to the adoptee
and the adoption shall be preserved by the Department.
SEC. 12. Supervised Trial Custody. – No petition for adoption shall be

finally granted until the adopter(s) has been given by the court a supervised
trial custody period for at least six (6) months within which the parties
are expected to· adjust psychologically and emotionally to each other and
establish a bonding relationship. During said period, temporary parental
authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial
period if it finds the same to be in the best interest of the adoptee, stating the
reasons for the reduction of the period. However, for alien adopter(s), be/she
must complete the six (6)-month trial custody except for those enumerated
in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is placed with the
prospective adopter(s) through a pre-adoption placement authority issued
by the Department, the prospective adopter(s) shall enjoy all the benefits
to which biological parent(s) is entitled from the date the adoptee is placed
with the prospective adopter(s).
SEC. 13. Decree ofA.doption. – If, after the publication of the order of
bearing bas been complied with, and no opposition has been interposed to
the petition, -and after consideration of the case studies, the qualifications
253
of the adopter(s), trial custody report and the evidence submitted, the court
is convinced that the petitioners are qualified to adopt, and that the adoption
would redound to the best interest of the adoptee, a decree of adoption shall
be entered which shall be effective as of the date the original petition was
filed. This provision shall also apply in case the petitioner(s) dies before the
issuance of the decree of adoption to protect the interest of the adoptee. The
decree shall state the name by which the child is to be known.
SEC. 14. Civil Registry Record – An amended certificate of birth shall

be issued by the Civil Registry, as required by the Rules of Court, attesting
to the fact that the adoptee is the child of the adopter(s) by being registered
with his/her surname. The original certificate of birth shall be stamped
“cancelled” with the annotation of the issuance of an amended birth certificate
in its place and shall be sealed in the civil registry records. The new birth
certificate to be issued to the adoptee shall not bear any notation that it is an
amended issue.
SEC. 15. Confidential Nature of Proceedings and Records. – All

hearings in adoption cases shall be confidential and shall not be open to the
public. All records, books, and papers relating to the adoption cases in the files
of the court, the Department, or any other agency or institution participating
in the adoption proceedings shall be kept strict1y confidential.
If the court finds that the disclosure of the information to a third person
is necessary for purposes connected with or arising out of the adoption and
will be for the best interest of the adoptee, the court may merit the necessary
information to be released, restricting the purposes for which it may be
used.
ARTICLE V
EFFECTS OF ADOPTION
SEC. 16. Parental Authority. – Except in cases where the biological

parent is the spouse of the adopter, all legal ties between the biological
254
parent(s) and the adoptee shall be severed and the same shall then be vested
on the adopter(s).
SEC. 17. Legitimacy. – The adoptee shall be considered the legitimate

son/daughter of the adopter(s) for all intents and purposes and as such is
entitled to all the rights and obligations provided by law to legitimate sons/
daughters born to them without discrimination of any kind. To this end, the
adoptee is entitled to love, guidance, and support in keeping with the means
of the family.
SEC. 18. Succession. – In legal and intestate succession, the adopter(s)

and the adoptee shall have reciprocal rights of succession without distinction
from legitimate filiation. However, if the adoptee and his/her biological
parent(s) had left a will, the law on testamentary succession shall govern.
ARTICLE VI
RESCISSION OF ADOPTION
SEC. 19. Grounds for Rescission of Adoption. – Upon petition of· the
adoptee, with the assistance of the Department if a minor or if over eighteen
(18) years of age but is incapacitated, as guardian/counsel, the adoption may
be rescinded on any of the following grounds committed by the adopter(s):
(a) repeated physical and verbal maltreatment by the adopter(s) despite
having undergone counseling; (b) attempt on the life of the adoptee; (c)
sexual assault or violence; or (d) abandonment and failure to comply with
parental obligations.
Adoption, being in the best interest of the child, shall not be subject
to rescission by the adopter(s). However, the adopter(s) may disinherit the
adoptee for causes provided in Article 919 of the Civil Code.
SEC. 20. Effects of Rescission. – If the petition is granted, the parental

authority of the adoptee’s biological parent(s), if known, or the legal
custody of the Department shall be restored if the adoptee is still a minor or
255
incapacitated. The reciprocal rights and obligations of the adopter and the
adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate
of birth of the adoptee and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as
of the date of judgment of judicial rescission. Vested rights acquired prior
to judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without

prejudice to the penalties imposable under the Penal Code if the criminal
acts are properly proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
SEC. 21. Violations and Penalties.
(a) The penalty of imprisonment ranging from six (6) years and one
(1) day to twelve (12) yean and/or a fine not less than Fifty thousand pesos
(P50,000.00), but not more than Two hundred thousand pesos (P200,000.00)
at the discretion of the court shall be imposed on any person who shall
commit any of the following acts:
(i) obtaining consent for an adoption through coercion, undue influence,

fraud, improper material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by

the law for adoption; or
(iii) subjecting or exposing the child to be adopted to danger, abuse,

or exploitation.
256
(b) Any person who shall cause the fictitious registration of the birth
of a child under the name(s) of a person(s) who is not his/her biological
parent(s) shall be guilty of simulation of birth, and shall be punished by
prision mayor in its medium period and a fine not exceeding Fifty thousand
pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of his/

her oath of office, shall cooperate in the execution of the abovementioned
crime shall suffer the penalties herein prescribed and also the penalty of
permanent disqualification.
Any person who shall violate established regulations relating to the

confidentiality and integrity of records, documents, and communications
of adoption applications, cases, and processes shall suffer the penalty of
imprisonment ranging from one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos (P5,000.00) but not more
than Ten thousand pesos (P10,000.00), at the discretion of the court.
consummated offense under this Article shall be imposed upon the principals
of the attempt to commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate

or where it involves two (2) or more children shall be considered as an
offense constituting child trafficking and shall merit the penalty of reclusion
perpetua.
Acts punishable under this Article are deemed committed by a syndicate

if carried out by a group of three (3) or more persons conspiring and/or
confederating with one another in carrying out any of the unlawful acts
defined under this Article. Penalties as are herein provided, shall be in addition
to any other penalties which may be imposed for the same acts punishable
under other laws, ordinances, executive orders, and proclamations.
When the offender is an alien, he/she shall be deported immediately after

service of sentence and perpetually excluded from entry to the country.
257
Any government official, employee or functionary who shall be found

guilty of violating any of the provisions of this Act, or who shall conspire
with private individuals shall, in addition to the above-prescribed penalties,
be penalized in accordance with existing civil service laws, rules and
regulations: Provided, That upon the filing of a case, either administrative
or criminal, said government official, employee, or functionary concerned
shall automatically suffer suspension until the resolution of the case.
SEC. 22. Rectification of Simulated Births. – A person who has, prior

to the effectivity of this Act, simulated the birth of a child shall not be
punished for such act: Provided, That the simulation of birth was made for
the best interest of the child and that he/she bas been consistently considered
and treated by that person as his/her own son/daughter: Provided, further,
That the application for correction of the birth registration and petition for
adoption shall be filed within five (5) years from the effectivity of this Act
and completed thereafter: Provided, finally, That such person complies with
the procedure as specified in Article IV of this Act and other· requirements
as determined by the Department .
ARTICLE VIII
FINAL PROVISIONS
SEC. 23. Adoption Resource and Referral Office. – There shall be

established an Adoption Resources and Referral Office under the Department
with the following functions: (a) monitor the existence, number, and flow
of children legally available for adoption and prospective adopter(s) so
as to facilitate their matching; (b) maintain a nationwide information and
educational campaign on domestic adoption; (c) keep records of adoption
proceedings; (d) generate resources to help child-caring and child placing
agencies and foster homes maintain viability; and (e) do policy research in
collaboration with the Intercountry Adoption Board and other concerned
agencies. The office shall be manned by adoption experts from the public
and private sectors.
258
SEC. 24. Implementing Rules and Regulations. – Within six (6) months
from the promulgation of this Act, the Department, with the Council for the
Welfare of Children the Office of Civil Registry General, the Department
of Justice, Office the Solicitor General, and two (2) private individuals
representing child-placing and child caring agencies shall formulate the
necessary guidelines to make the provisions of this Act operative.
SEC. 25. A.ppropriations. – Such sum as may be necessary for

the implementation of the provisions of this Act shall be included in the
General Appropriations Act of the year following its enactment into law
and thereafter.
SEC. 26. Repealing Clause. – Any law presidential decree or issuance,

executive order, letter of instruction, administrative order, rule, or regulation
contrary to, or inconsistent with the provisions of this Act is hereby repealed,
modified, or amended accordingly.
SEC. 27. Separability Clause. – If any provision of this Act is held

invalid or unconstitutional, the other provisions not affected thereby shall
remain valid and subsisting.
following its complete publication in any newspaper of general circulation
or in the Official Gazette.
Approved,
JOSE DE VENECIA JR. NEPTALI A. GONZALES

Representatives
259

ROBERTO P. NAZARENO HEZEL P. GACUTAN.

Approved : FEB 25, 1998
FIDEL V. RAMOS
260
S. No. 1404
H. No. 10615

Metro Manila
Eleventh Congress
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two
thousand.
——■——
AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO

PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS

SECTION 1. Title. – This Act shall be known as the “Solo Parents’ Welfare
Act of 2000.”
SEC. 2. Declaration of Policy. – It is the policy of the State to promote

the family as the foundation of the nation, strengthen its solidarity and ensure
its total development. Towards this end, it shall develop a comprehensive
program of services for solo parents and their children to be carried out by the
Department of Social Welfare and Development (DSWD), the Department
of Health (DOH), the Department of Education Culture and Sports
261
(DECS), the Department of the Interior and Local Government (DILG), the
Commission on Higher Education (CHED), the Technical Education and
Skills Development Authority (TESDA), the National Housing Authority
(NHA), the Department of Labor and Employment (DOLE) and other related
government and nongovernment agencies.
SEC. 3. Definition of Terms. – Whenever used in this Act, the following

terms shall mean as follows:
(a) “Solo parent” – any individual who falls under any of the following
categories:
(1) A woman who gives birth as a result of rape and other crimes against
chastity even without a final conviction of the offender: Provided, That the
mother keeps and raises the child;
(2) Parent left solo or alone with the responsibility of parenthood due
to death of spouse;
(3) 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;
(4) 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;
to legal separation or de facto separation from spouse for at least on (1) year,
as long as he/she is entrusted with the custody of the children;
to declaration of nullity or annulment of marriage as decreed by a court or by
a church as long as he/she is entrusted with the custody of the children.;
262
to abandonment of spouse for at least one (1) year;
(8) Unmarried mother/father who has preferred to keep and rear her/
his child/children instead of having others care for them or give them up to
a welfare institution;
(9) Any other person who solely provides parental care and support to
a child or children;
(10) Any family member who assumes the responsibility of head of

family as a result of the death, abandonment, disappearance or prolonged
absence of the parents or solo parent.
A change in the status or circumstance of the parent claiming benefits

under this Act, such that he/she is no longer left alone with the responsibility
of parenthood, shall terminate his/her eligibility for these benefits.
(b) “Children” – refer to those living with and dependent upon the
solo parent for support who are unmarried, unemployed and not more than
eighteen (18) years of age, or even over eighteen (18) years but are incapable
of self-support because of mental and/or physical defect/disability.
(c) “Parental responsibility” – with respect to their minor children

shall refer to the rights and duties of the parents as defined in Article 220
of Executive Order No. 209, as amended, otherwise known as the “Family
Code of the Philippines.”
(d) “Parental leave” – shall mean leave benefits granted to a solo parent
to enable him/her to perform parental duties and responsibilities where
physical presence is required.
(e) “Flexible work schedule” – is the right granted to a solo parent

employee to vary his/her arrival and departure time without affecting the
core work hours as defined by the employer.
263
SEC. 4. Criteria for Support. – Any solo parent whose income in the
place of domicile falls below the poverty threshold as set by the National
Economic and Development Authority (NEDA) and subject to the assessment
of the DSWD worker in the area shall be eligible for assistance: Provided,
however, That any solo parent whose income is above the poverty threshold
shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.
SEC. 5. Comprehensive Package of Social Development and Welfare

Services. – A comprehensive package of social development and welfare
services for solo parents and their families will be developed by the DSWD,
DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with
local government units and a nongovernmental organization with proven
track record in providing services for solo parents.
The DSWD shall coordinate with concerned agencies the implementation

of the comprehensive package of social development and welfare services
for solo parents and their families. The package will initially include:
(a) Livelihood development services which include trainings on

livelihood skills, basic business management, value orientation and the
provision of seed capital or job placement.
(b) Counseling services which include individual, peer group or family

counseling. This will focus on the resolution of personal relationship and
role conflicts.
(c) Parent effectiveness services which include the provision and

expansion of knowledge and skills of the solo parent on early childhood
development, behavior management, health care, rights and duties of parents
and children.
(d) Critical incidence stress debriefing which include preventive stress

management strategy designed to assist solo parents in coping with crisis
situations and cases of abuse.
264
(e) Special projects for individuals in need of protection which include

temporary shelter, counseling, legal assistance, medical care, self-concept
or ego-building, crisis management and spiritual enrichment.
SEC. 6. Flexible Work Schedule. – The employer shall provide for a

flexible working schedule for solo parents: Provided, That the same shall
not affect individual and company productivity: Provided, further, That any
employer may request exemption from the above requirements from the
DOLE on certain meritorious grounds.
SEC. 7. Work Discrimination. – No employer shall discriminate against

any solo parent employee with respect to terms and conditions of employment
on account of his/her status.
SEC. 8. Parental Leave. – In addition to leave privileges under existing

laws, parental leave of not more than seven (7) working days every year
shall be granted to any solo parent employee who has rendered service of
at least one (1) year.
SEC. 9. Educational Benefits. – The DECS, CHED and TESDA shall

provide the following benefits and privileges:
(1) Scholarship programs for qualified solo parents and their children
in institutions of basic, tertiary and technical/skills education; and
(2) Nonformal education programs appropriate for solo parents and

their children.
The DECS, CHED and TESDA shall promulgate rules and regulations
for the proper implementation of this program.
SEC. 10. Housing Benefits. – Solo parents shall be given allocation

in housing projects and shall be provided with liberal terms of payment on
said government low-cost housing projects in accordance with housing law
provisions prioritizing applicants below the poverty line us declared by the
NEDA.
265
SEC. 11. Medical Assistance. – The DOH shall develop a comprehensive

health care program for solo parents and their children. The program shall
be implemented by the DOH through their retained hospitals and medical
centers and the local government units (LGUs) through their provincial/
district/city/municipal hospitals and rural health units (RHUs).
SEC. 12. Additional Powers and Functions of tile DSWD. – The DSWD
shall perform the following additional powers and functions relative to the
welfare of solo parents and their families:
(a) Conduct research necessary to: (1) develop a new body of

knowledge on solo parents; (2) define executive and legislative measures
needed to promote and protect the interest of solo parents and their children;
and (3) assess the effectiveness of programs designed for disadvantaged solo
parents and their children;
(b) Coordinate the activities of various governmental and

nongovernmental organizations engaged in promoting and protecting the
interests of solo parents and their children; and
(c) Monitor the implementation of, the provisions of this Act and suggest
mechanisms by which such, provisions are effectively implemented.
SEC. 13. Implementing Rules and Regulations. – An interagency

committee headed by the DSWD, in coordination with the DOH, DECS,
CHED, TESDA, DOLE, NHA, and DILG is hereby established which
shall formulate, within ninety (90) days upon the effectivity of this Act, the
implementing rules and regulations in consultation with the local government
units, nongovernment organizations and people’s organizations.
S EC. 14. Appropriation. – The amount necessary to carry out

the provisions of this Act shall be included in the budget of concerned
government agencies in the General Appropriations Act of the year following
its enactment into law and thereafter.
266
SEC. 15. Repealing Clause. – All laws, decrees, executive orders,

administrative orders or parts thereof inconsistent with the provisions of
this Act are hereby repealed, amended or modified accordingly.

invalid or unconstitutional. other provisions not affected thereby shall
continue to be in fun force and effect.
following its complete publication in the official Gazette in at least two (2)
newspaper of general circulation.
Approved,
MANUEL B. VILLAR FRANKLIN M. DRILON

of Representatives
This Act which is a consolidation of Senate Bill No. 1404 and House Bill
on August 30, 2000 and September 26, 2000, respectively.
ROBERTO P. NAZARENO EMMA LIRIO REYES

Secretary General Acting Secretary of the Senate
JOSEPH EJERCITO ESTRADA

267
S. No. 1545
H. No. 5915

Metro Manila
Eleventh Congress
Begun and held in Metro Manila, on Monday the twenty-fourth day of July, two
thousand.
——■——
AN ACT ESTABLISHING THE PHILIPPINE FOOD FORTIFICATION

PROGRAM AND FOR OTHER PURPOSES

SECTION 1. Title. – This Act shall be known as the “Philippine Food

Fortification Act of 2000.”
SEC. 2. Declaration of Policies. – Section 15 of Article II of the

Constitution provides that the State shall protect and promote the right to
health of the people and instill health consciousness among them.
The State recognizes that nutritional deficiency problems in the

Philippines, based on nutrition surveys, include deficiencies in energy, iron,
268
vitamin A, iodine, thiamin and riboflavin. To a minor extent, the Filipino

diet is also deficient in ascorbic acid, calcium and folate.
The State recognizes that food fortification is vital where there is a

demonstrated need to increase the intake of an essential nutrient by one or
more population groups, as manifested in dietary, biochemical or clinical
evidences of deficiency. Food fortification is considered important in the
promotion of optimal health and to compensate for the loss of nutrients due
to processing and/or storage of food.
Food fortification, therefore, shall be carried out to compensate for the

inadequacies in Filipino diet, based on present-day needs as measured using
the most recent Recommended Dietary Allowances (RDA).

terms shall mean:
(a) BFAD – the Bureau of Food and Drugs of the Department of

Health.
(b) DOH – the Department of Health.
(c) Fortification – the addition of nutrients to processed foods or

food products at levels above the natural state. As an approach to control
micronutrient deficiency, food fortification is addition of a micronutrient,
deficient in the diet, to a food which is widely consumed by specific at-risk
groups.
(d) Fortificant – a substance, in chemical or natural form, added to

food to increase its nutrient value.
(e) Micronutrient – an essential nutrient required by the body in very

small quantities; recommended intakes are in milligrams or micrograms.
(f) Manufacturer – the refinery in case of refined sugar or cooking

oil, the miller in case of flour or rice, or the importer in case of imported
269
processed foods or food products, or the processor in case of other processed

foods or food products.
(g) NNC – the Governing Board of the National Nutrition Council.
(h) Nutrient – any chemical substance needed by the body for one
or more of these functions: to provide heat or energy, to build and repair
tissues, and to regulate life processes. Although nutrients are found chiefly
in foods, some can be synthesized in the laboratory like vitamin and mineral
supplements or in the body through biosynthesis.
(i) Nutrition Facts – a statement or information on food labels

indicating the nutrient(s) and the quantity of said nutrients found or added
in the processed foods or food products.
(j) Nutritional labeling – a system of describing processed foods or

food products on the basis of their selected nutrients content. It aims to
provide accurate nutrition information about each food. This is printed in
food labels as “Nutrition Facts”.
(k) Processed foods or food products – food that has been subjected
to some degree of processing like milling, drying, concentrating, canning,
or addition of some ingredients which changes partially or completely the
physic-chemical and/or sensory characteristics of the food’s raw material.
(l) Recommended Dietary Allowances (RDA) – levels of nutrient

intakes which are considered adequate to maintain health and provide
reasonable levels of reserves in body tissues of nearly all healthy persons
in the population.
(m) Sangkap Pinoy Seal Program (SPSP) – a strategy to encourage

food manufacturers to fortify processed foods or food products with essential
nutrients at levels approved by the DOH. The fundamental concept of the
program is to authorize food manufacturers to use the DOH seal of acceptance
for processed foods or food products, after these products passed a set of
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defined criteria. The seal is a guide used by consumers in selecting nutritious

foods.
(n) Unprocessed food – food that has not undergone any treatment
that results in substantial change in the original state even if it may have
been divided, boned, skimmed, peeled, ground, cut cleaned, trimmed, fresh-
frozen or chilled.
SEC. 4. The Philippine Food Fortification Program – The Philippine

Food Fortification Program, hereinafter referred to as the Program, shall
cover all imported or locally processed foods or food products for sale or
distribution in the Philippines: Provided, That dietary supplements for which
established standards have already been prescribed by the DOH through the
BFAD and which standards include specifications for nutrient composition
or levels of fortification shall not be covered by this Act.
The Program shall consist of (1) Voluntary Food Fortification and (2)
Mandatory Food Fortification.
SEC. 5. Voluntary Food Fortification. – Under the Sangkap Pinoy

Seal Program (SPSP), the Department shall encourage the fortification of
all processed foods or food products based on rules and regulations which
the DOH through the BFAD shall issue after the effectivity of this Act.
Manufacturers who opt to fortify their processed foods or food products

but do not apply for Sangkap Pinoy Seal shall fortify their processed foods
or food products based on acceptable standards on food fortification set by
the DOH through the BFAD.
SEC. 6. Mandatory Food Fortification. – (a) The fortification of staple

foods based on standards set by the DOH through the BFAD is hereby made
mandatory for the following:
(1) Rice - with Iron;
(2) Wheat flour - with vitamin A and Iron;
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(3) Refined Sugar - with vitamin A;
(4) Cooking oil - with vitamin A; and
(5) Other staple foods with nutrients as may later be required by the
NNC.
The National Nutrition Council (NNC) shall require other processed

food or processed foods to be fortified based on findings of nutrition surveys.
Such requirement shall be promulgated through relations to be issued by
the Department of Health (DOH) through the Bureau of Foods and Drugs
(BFAD) and other concerned agencies.
(b) The fortification of processed foods or food products under this

Section shall be undertaken by the manufacturers: Provided, That in the case
of imported processed foods or food products, the required fortification shall
be done by producers/manufacturers of such imported processed food or food
products. Otherwise, the importer shall have responsibility of fortifying
the imported processed foods or food products before said products are
allowed to be distributed or sold to the public: Provided, further, That the
implementation of the mandatory fortification for wheat flour, refined sugar
cooking oil and rice, including those milled and/or distributed by the National
Food Authority, shall commence after four (4) years from the effectivity of
this Act.
(c) The DOH guidelines on micronutrient fortification of processed

foods or food products included in Administrative Order No. 4-A series of
1995 and such other necessary guidelines that may be issued by the DOH,
shall serve as a basis for the addition of micronutrient(s) to processed food or
food products to avoid over or under fortification that may create imbalance
in the diet as well as avoid misleading label claims to gain competitive
marketing advantage.
(d) Manufacturers of processed foods or food products shall include

in the label a statement of “nutrition facts” indicating the nutrient(s) and the
quantities of said nutrients added in the food.
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(e) Imported rice, wheat flour, refined sugar, cooking oil and other
processed foods or food products that may be identified later by the NNC,
shall comply with the requirements of this Act on entry in the country at the
end of manufacturing process and/or at all points of sale or distribution.
SEC. 7. Quality Assurance. – The agencies charged with the

implementation of this Act shall establish a quality assurance system.
Likewise, the manufacturers and importers of processed foods or food
products shall also establish their own quality assurance system in accordance
with the quality assurance system of the implementing agencies.
SEC. 8. Implementation, Monitoring and Review. – The DOH through

the BFAD shall be the lead agency responsible for the implementation and
monitoring of this Act while the NNC, the policy-making and coordinating
body on nutrition, shall serve as the advisory board on food fortification.
The DOH shall also be responsible in the conduct of promotional

and advocacy activities on the use of fortified processed foods or food
products through its Sangkap Pinoy Seal Program (SPSP) and/or other
programs designed to promote nutrition. Products approved by the SPSP
shall be allowed to use the Sangkap Pinoy Seal. Further, the DOH is hereby
authorized to charge reasonable fees for applications in the SPSP and use of
such fees in the promotion and advocacy activities of nutrition.
The NNC shall conduct a periodic review of the micronutrients added

to food. This review will provide the basis for determining if the mandatory
fortification is still required or not. The review shall be done at least every
five (5) years to coincide with the conduct of the Food and Nutrition Research
Institute’s (FNRI) national nutrition surveys and/or the assessment of the
Philippine Plan of Action for Nutrition (PPAN).
The local government units, through their health officers or agricultural

officers or nutritionist-dieticians or the sanitary inspectors shall assist in
monitoring/checking that foods mandated to be fortified like rice, refined
sugar, wheat flour and cooking oil are properly fortified and labeled with
“nutrition facts” indicating the specific micronutrient it was fortified with.
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The local food industries shall report on the production, marketing and
distribution of fortified foods. They shall submit annual reports to the DOH,
also indicating their industrial concerns and recommendations.
SEC. 9. Support to Affected Manufacturers. – The following

government agencies shall support the implementation of this Ac through
their respective programs.
(a) The Department of Trade and Industry (DTI) is hereby required to

assist and support affected manufacturers in upgrading their technologies by
helping them obtain soft loans and financial assistance for the procurement
of technologies and machines to comply with the provision of this Act;
(b) The Department of Science and Technology (DOST) shall develop

and implement comprehensive programs for the acquisition, design and
manufacture of machines and technologies and transfer said machines and
technologies to manufacturers;
(c) The Land Bank of the Philippines (LBP) and the Livelihood
Corporation (LIVECOR) are hereby required to assist and support the
implementation of this Act by granting loans, to affected manufacturers, at
preferential rates; and
(d) The various agencies/institutions with accredited analytical

laboratories for nutrient analysis and other technology development
generators shall provide the necessary services that may be required by the
food industry in compliance with this Act.
SEC. 10. Noncompliance with Fortification Process – The following

shall be considered noncompliance with the fortification process:
(a) If the food fortification levels do not comply with the DOH
requirements, except when the deviation from the fortification levels are
justified and are properly declared in the labeling;
(b) If the fortificant used is different from that approved by the DOH;
and
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(c) If the process of fortification does not conform to the DOH

standards.
SEC. 11. Administrative Sanctions. – The DOH through BFAD, after

notice and hearing, shall impose any or all of the following administrative
sanctions in cases of noncompliance with the food fortification guidelines
it has set:
(a) Denial of registration of the processed foods or food products by

the DOH through the BFAD if the processed foods or food products do not
comply with the food fortification requirements. Said processed foods or
food products shall not be allowed to be put in the market;
(b) Order the recall of the processed foods or food product(s); and
(c) Impose a fine of not less than Three Hundred Thousand Pesos
(P300,000.00) and suspension of registration for the first violation; not
more than Six hundred thousand pesos (P600,000.00) and suspension of
registration for the second violation; and not more than One million pesos
(P1,000,000.00) and cancellation of the registration of the product for the
third violation of the provisions of this Act or its Implementing Rules and
Regulations (IRR).
SEC. 12. Implementing Rules and Regulations. – The DOH through

the BFAD and in consultation with other concerned government agencies,
nongovernment organizations, private sector and consumer groups involves
in nutrition, shall formulate the implementing rules and regulations (IRR)
necessary to implement the provisions of this Act within ninety (90) days
from the approval of this Act. The IRR issued pursuant to this Section
shall take effect thirty (30) days after publication in a national newspaper
of general application.
SEC. 13. International Commitments. – Nothing in this Act is intended

to violate provisions of Treaties and International Agreements to which the
Philippines is a party.
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SEC. 14. Repealing Clause. – All laws, decrees, rules and regulations,
executive orders inconsistent with the provisions of this Act are hereby

unconstitutional or unlawful, the remaining provisions shall remain legal
and in full effect.
SEC. 16. Effectivity . – This Act shall take effect upon its approval.
Approved,
MANUEL V. VILLAR, JR. FRANKLIN M. DRILON

Representatives

ROBERTO P. NAZARENO OSCAR G. YABES

JOSEPH EJERCITO ESTRADA

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S. No. 1438
H. No. 11692

Metro Manila
Eleventh Congress
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July,
two thousand.
——■——
AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A

NATIONAL SYSTEM FOR EARLY CHILDHOOD CARE AND
DEVELOPMENT (ECCD), PROVIDING FUNDS THEREFOR AND
FOR OTHER PURPOSES

SECTION 1. Short Title. – This Act shall be known as the “ECCD

Act.”

State to promote the rights of children to survival, development and special
protection with full recognition of the nature of childhood and its special
needs; and to support parents in their roles as primary caregivers and as their
children’s first teachers. The State shall institutionalize a National System
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for Early Childhood Care and Development (ECCD) that is comprehensive,

integrative and sustainable, that involves multi-sectoral and inter-agency
collaboration at the national and local levels among government; among
service providers, families and communities; and among the public and
private sectors, nongovernment organizations, professional associations, and
academic institutions. This System shall promote the inclusion of children
with special needs and advocate respect for cultural diversity. It shall be
anchored on complementary strategies for ECCD that include service
delivery for children from conception to age six (6), educating parents and
caregivers, encouraging the active involvement of parents and communities
in ECCD programs, raising awareness about the importance of ECCD, and
promoting community development efforts that improve the quality of life
for young children and families.
SEC. 3. Objectives. – The objectives of the National ECCD System

are:
(a) To achieve improved infant and child survival rates by ensuring

that adequate health and nutrition programs are accessible to young children
and their mothers from the pre-natal period throughout the early childhood
years;
(b) To enhance the physical, social, emotional, cognitive, psychological,

spiritual and language development of young children;
(c) To enhance the role of parents and other caregivers as the primary
caregivers and educators of their children from birth onwards;
(d) To facilitate a smooth transition from care and education provided

at home to community or school-based setting and to primary school;
(e) To enhance the capabilities of service providers and their supervisors

to comply with quality standards for various ECCD programs;
(f) To enhance and sustain the efforts of communities to promote

ECCD programs and ensure that special support is provided for poor and
disadvantaged communities;
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(g) To ensure that young children are adequately prepared for the formal
learning system and that both public and private schools are responsive to
the developmental needs of these children;
(h) To establish an efficient system for early identification, prevention,

referral and intervention for developmental disorders and disabilities in early
childhood; and
(i) To improve the quality standards of public and private ECCD

programs through, but not limited to, a registration and credential system
for ECCD service providers.
SEC. 4. Definitions. -For purposes of this Act:
(a) Early Childhood Care and Development (ECCD) System refers

to the full range of health, nutrition, early education and social services
programs that provide for the basic holistic needs of young children from
birth to age six (6), to promote their optimum growth and development.
These programs include:
(1) Center-based programs, such as the day care service established

under Republic Act. No. 6972, public and private pre-schools, kindergarten
or school-based programs, community or church-based early childhood
education programs initiated by nongovernment organizations or people’s
organizations, workplace-related child care and education programs, child-
minding centers, health centers and stations; and
(2) Home-based programs, such as the neighborhood-based play groups,

family day care programs, parent education and home visiting programs.
(b) ECCD Service Providers include the various professionals,

paraprofessionals, and volunteer caregivers who are directly responsible
for the care and education of young children through the various center and
home-based programs. They include, but are not limited to, day care workers,
teachers, teacher-aides, rural health midwives, social workers, community
health workers, barangay nutrition scholars, parent effectiveness service
volunteers, child development workers, and family day care providers.
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(c) ECCD Curriculum refers to the age-appropriate and developmentally

appropriate educational objectives, program of activities, organized learning
experiences and recommended learning materials for children that are
implemented by service providers through center and home-based programs.
It shall consist of national program goals and guidelines, instructional
objectives, and content outlines integrating local learning experiences and
indigenous learning materials.
(d) Parent Education refers to the various formal and alternative means
of providing parents with information, skills, and support systems to assist
them in their roles as their children’s primary caregivers and educators. These
include public and private parent education programs linked to center, home
and media-based child care and education programs.
SEC. 5. System Framework and Components. – The ECCD System

shall include the following components:
(a) ECCD Curriculum -which focuses on children’s total development

according to their individual needs and socio-cultural background. It shall
promote the delivery of complementary and integrative services for health
care, nutrition, early childhood education, sanitation, and cultural activities.
It shall use the child’s first language as the medium of instruction.
(b) Parent Education and Involvement, Advocacy, and Mobilization of

Communities -which harness and develop parents’ strengths as providers
of ECCD at home, active partners of other stakeholders, advocates for
community concerns that affect children, and pillars of support for local
and national ECCD programs through community organization efforts.
(c) Human Resource Development Program -which establishes

mechanisms for the systematic professionalization of ECCD service
providers, through enrollment in educational programs in site-based or
distance education modes, through pre-service or in-service training including
continuing education programs, whereby a registration and credential system
shall be developed in the ECCD System.
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(d) ECCD Management -which focuses on a continuing process of

planning, implementation, supervision, financial management, monitoring,
evaluation and reporting. It shall encourage the active involvement and
build the capabilities of service providers, parents, and local government
officials to sustain the program, and it shall be guided by the principles of
decentralization as stipulated in the Local Government Code of 1991.
(e) Quality Standards and Accreditation -which ensures that each

component in the ECCD System complies with national quality standards,
to be established by the National ECCD Coordinating Council as provided
for under Section 8 of this Act, linked to an accreditation process.
SEC. 6. Establishment of ECCD System. – The National ECCD

System shall be established in at least three (3) regions each year, as may
be determined by the National ECCD Coordinating Council, to achieve
national coverage over a five-year period.
SEC. 7. Implementing Arrangements and Operational Structures. – The

implementation of the National ECCD System shall be the joint responsibility
of the national government agencies, local government units, nongovernment
organizations, and private organizations that are accredited to deliver the
services or to provide training and technical assistance.
(a) Responsibilities of the National Government -National government

agencies shall be responsible for developing policies and programs,
providing technical assistance and support to the ECCD service providers in
consultation with coordinating committees at the provincial, city/municipal,
and barangay levels, as provided for in Section 8 of this Act, and monitoring
of ECCD service benefits and outcomes. The Department of Social Welfare
and Development(DSWD), the Department of Education, Culture and Sports
(DECS), the Department of Health (DOH), the Department of the Interior
and Local Government (DILG), the Department of Labor and Employment
(DOLE), the Department of Agriculture (DA), the Department of Justice
(DOJ), the National Economic and Development Authority (NEDA), and
the National Nutrition Council (NNC) shall jointly prepare annual ECCD
work plans that will coordinate their respective technical assistance and
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support for the National ECCD Program. They shall consolidate existing
program implementing guidelines that ensure consistency in integrated
service delivery within the National ECCD System.
(1) The DECS shall promote the National ECCD Program in schools.
ECCD programs in public schools shall be under the joint responsibility of
their respective school principal/school-head and parents-teachers community
association (PTCA) within the standards set forth in the National ECCD
System and under the guidance of the City/Municipal ECCD Coordinating
Committee for the effective and equitable delivery of ECCD services. It
shall also make available existing facilities of public elementary schools
for ECCD classes.
(2) Public and private pre-schools shall be registered by the Provincial

or City ECCD Coordinating Committee upon the recommendation of the
respective division office of the DECS. NGO initiated, community, church,
home, and workplace-based service providers shall be registered upon the
recommendation of the provincial/ city social welfare and development
office. These public and private ECCD service providers shall operate within
the standards set forth in the National ECCD System and under the guidance
of the City/Municipal ECCD Coordinating Committee for the effective
delivery of ECCD services.
(b) Responsibilities of Local Government Units -Local government

units (LGUs) shall be primarily responsible for:
(1) Implementing the National ECCD Program by providing basic

public ECCD services;
(2) Supporting the organization of parent cooperatives to initiate the

establishment of ECCD programs;
(3) Ensuring that service providers of public ECCD programs under

their supervision shall be justly compensated, that adequate funds are made
available, and their working conditions are conducive to fulfill national
quality standards; and
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(4) Providing counterpart funds for the training and continuing education
of ECCD service providers, and supporting the operations of Provincial, City/
Municipal and Barangay ECCD Coordinating Committees.
(c) Responsibilities of Families and Communities -The families and

communities shall support the local ECCD programs by participating in
various projects for the overall development of their children.
SEC. 8. Creation of National Coordinating Council and Coordinating

Committees for ECCD. – To ensure the sustained interagency and multi-
sectoral collaboration from the national, provincial, city/municipal to
barangay levels, a National Coordinating Council and provincial, city/
municipal and barangay coordinating committees shall be organized.
(a) National ECCD Coordinating Council – The Council for the Welfare
of Children (CWC) shall also function as the National ECCD Coordinating
Council, hereinafter referred to as the Council, and shall hereby be under
the Office of the President.
(1) Composition – In addition to the existing members of the CWC,

two (2) private individuals, who are ECCD practitioners and experts shall
be appointed by the President, upon recommendation of the Council, for a
term of two (2) years subject to one (1) reappointment. The Council shall
meet once a month or as often as necessary. The Secretaries of the DSWD,
DECS, DOH, and DILG shall act as co-chairpersons of the Council and must
be represented by a person with a rank not lower than an Undersecretary.
(2) Council Secretariat –The CWC Secretariat shall also serve as the
secretariat of the Council. It shall be headed by an executive director, who
shall be appointed by the President, upon the recommendation of the Council.
He/She shall have the rank, privileges, and emoluments of a Career Executive
Service Officer I. Nothing herein shall prejudice any right vested prior to
the enactment of this Act.
There shall be created two (2) permanent positions of Deputy Executive

Directors to be appointed by the Council, one of whom shall be exclusively
283
concerned with ECCD programs and activities and the other exclusively
with the existing functions of the CWC. The Deputy Executive Directors
shall be assisted by senior technical staff to be seconded from the DSWD,
DECS, DOH, DILG, DOLE, DA, DOJ, NEDA and NNC for a period of
at least two (2) years, subject to renewal, and shall be entitled to whatever
additional remuneration the law allows for such secondment.
(3) Functions of the National ECCD Coordinating Council – The

Council shall:
(i) Promulgate policies and implementing guidelines for ECCD

programs in consultation with stakeholders at various levels, including the
regional level when appropriate, consistent with the national policy and
program frameworks as defined in this Act;
(ii) Establish ECCD program standards that reflect developmentally

appropriate and culturally relevant practices for ECCD programs, which
shall interface with the primary school curriculum of the DECS;
(iii) Develop a national system for the recruitment, registration,

continuing education and equivalency, and credential system of ECCD service
providers, supervisors and administrators to improve and professionalize the
ECCD sector and upgrade quality standards of public and private ECCD
programs;
(iv) Develop and implement a system of awards and recognition to

deserving ECCD program implementors and service providers;
(v) Coordinate the various ECCD programs of each line agency

and monitor the delivery of services to the ECCD program beneficiaries
nationwide;
(vi) Evaluate and assess the impact and outcome of various ECCD
programs nationwide through an effective information system;
(vii) Develop and establish a national system for early identification,

screening, surveillance of early childhood disabilities, developmental
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problems, and giftedness;
(viii) Develop and implement various support mechanisms that maximize

the public and private resources for implementing ECCD programs, giving
priority to the needy and high risk children from poor communities;
(ix) Provide counterpart funds to poor and disadvantaged communities

for the establishment and expansion of public ECCD programs, improvement
of physical facilities and for hiring of ECCD service providers;
(x) Promote and encourage private sector initiative for the establishment
of ECCD programs; and
(xi) Provide guidelines for ECCD Coordinating Committees at the

provincial, city/municipal and barangay levels for the conduct of solicitations
and requests for assistance from local and international civic organizations,
private philanthropic foundations to supplement available resources.
(b) Provincial ECCD Coordinating Committee Composition, Functions,

Secretariat. -There shall be created in every province a Provincial ECCD
Coordinating Committee.
(1) Composition -The Provincial ECCD Coordinating Committee shall

be composed of the Governor of the Province as Chairperson, Division
Superintendent of DECS, Provincial Planning and Development Officer,
Provincial Budget Officer, Provincial Health Officer, Provincial Director
of DILG, Provincial Social Welfare and Development Officer, Provincial
Treasurer, President of the Provincial League of Municipal Mayors, and
two (2) representatives of nongovernment organizations operating ECCD
programs appointed by the Committee, for a two-year term, subject to one
(1) reappointment, as members;
(2) Functions – The Provincial ECCD Coordinating Committee shall

be under the Provincial Development Council and shall perform similar
functions as the National ECCD Coordinating Council as appropriate,
including other functions that may be provided in the Implementing Rules
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and Regulations of this Act. It shall coordinate the delivery of services and
support from the National ECCD Coordinating Council and the national line
agencies involved in ECCD programs. It shall also support and complement
the resources available to municipalities and barangays in the province in the
expansion and improvement of ECCD programs, as well as be responsible
for the registration of ECCD programs and service providers; and
(3) Secretariat – The Provincial ECCD Coordinating Committee shall

organize a secretariat which shall coordinate and monitor the effective
implementation of ECCD programs in the province. It shall be headed by
the provincial ECCD Officer, who shall be appointed by the Governor, upon
the recommendation of the Provincial ECCD Coordinating Committee. He/
She shall have the rank, privileges and emoluments of a Department head.
For the first three (3) years of the establishment of the ECCD system
in the province, the salary, allowances and other benefits of the Provincial
ECCD Officer shall be paid for by the Council. Thereafter, such sums as may
be necessary for the salaries, allowances and other benefits of the Provincial
ECCD Officer shall be provided by the province.
(c) City/Municipal ECCD Coordinating Committee Composition,

Functions, Secretariat. – There shall be created in every city and municipality
a City/Municipal ECCD Coordinating Committee.
(1) Composition – The City/Municipal ECCD Coordinating Committee

shall be composed of the City/Municipal Mayor as Chairperson, the Division
Superintendent/District Supervisor of DECS, City/Municipal Planning
and Development Officer, City/Municipal Budget Officer, City/Municipal
Health Officer, City/Municipal Social Welfare and Development Officer,
City/Municipal Local Government Officer, City/Municipal Treasurer,
City/Municipal Nutrition Officer, President of the Association of Barangay
Captains in the City/ Municipality, President of the Parent-Teachers-
Community Federation in the City/Municipality, and two (2) representatives
of non-government organizations involved in ECCD programs in the City/
Municipality appointed by the Committee for a two-year term, subject to
one (1) reappointment, as members.
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(2) Functions – The City/Municipal ECCD Coordinating Committee

shall be under the city/municipal development council and shall perform
similar functions as the council as appropriate, including other functions
that may be provided in the Implementing Rules and Regulations. It shall
likewise support and complement the resources available to barangays in
the expansion and improvement of ECCD programs, coordinate and monitor
the delivery of services at the barangay level, ensure accurate reporting and
documentation of service delivery, as well as mobilize and encourage private
sector initiatives for the establishment of ECCD program implementors in
the city/municipality that conforms to National ECCD System Standards.
(3) Secretariat – The City/Municipal ECCD Coordinating Committee

shall organize a Secretariat which shall coordinate and monitor the effective
implementation of ECCD programs in the city/municipality. It shall be
headed by the City/Municipal ECCD Officer, who shall be appointed by the
mayor, upon the recommendation of the City/Municipal ECCD Coordinating
Committee.
(d) Barangay ECCD Coordinating Committee – The Barangay Council

for the Protection of Children (BCPC), created under Presidential Decree
603, shall also function as the Barangay ECCD Coordinating Committee. The
BCPC shall be responsible for the proper and effective implementation of
public ECCD programs and maintenance of database system at the barangay
level. Pursuant to this, all barangays shall organize BCPCs in their respective
areas.
The BCPC shall be composed of, among others: the Barangay Captain,
the school head/s in the barangay, the Barangay health midwife, the Barangay
health worker, the Barangay nutrition scholar, the day care worker/s,
parents, the Sangguniang Kabataan Chairman, and a representative from
child-focused non-government organizations/ people’s organizations, as
members. The members of the BCPC shall elect from among themselves
the Chairperson.
S EC. 9. Financing ECCD Programs. – ECCD programs at the

community level shall be financed through a combination of public and
private funds. All public ECCD program providers shall prioritize young
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children from families who are in greatest need and who can least afford
private sector programs.
(a) Public support for ECCD programs. – The government shall support
public ECCD programs through cost-sharing arrangements that shall involve
the LGUs, and counterpart funds from the national government agencies
for technical assistance and support. Additional funds may be generated
from intergovernmental donors and financial institutions by the appropriate
government agencies through the NEDA to support the public programs in
fourth, fifth and sixth class municipalities including the urban poor. Funds
shall be accessible to qualified LGUs through the Municipal Development
Fund or other financing mechanisms as prescribed by the Department of
Finance (DOF) and based on guidelines from the Department of Budget
and Management (DBM). The Council may establish a trust fund to assist
LGUs in the expansion and upgrading of ECCD programs.
Primary health care programs, pre-natal and post-natal care, growth,

monitoring and promotion, and supplementary nutrition programs shall
continue to be funded through the LGUs with technical support and additional
resources from the DOH.
The Day Care Program, Parent Effectiveness Service, Child Minding

Centers, Family Day Care and Parent-Child Development Programs
shall continue to be supported by the LGUs in the form of construction
of basic infrastructure, provision of facilities, materials and equipment,
and compensation for the service providers. The DSWD shall provide for
technical assistance.
The kindergarten program in public schools shall continue to be

supported by the DECS in cooperation with the PTCAs, where applicable, by
providing teacher training, supplementary learning materials and reference
materials for ECCD programs.
The DSWD, DECS, DOH, and DlLG shall support the implementation
by LGUs of the National ECCD Program and shall include in their respective
annual general appropriations beginning the fiscal year following the
approval of this Act the necessary funding to achieve the goal of national
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coverage within a five-year period and sustain the Program from thereon.
The work and financial plan of the DSWD, DECS, DOH, and DILG shall
be coordinated with the Council.
(b) Support for ECCD Programs. – Support for ECCD programs

can be solicited from local and international civic organizations, private
philanthropic foundations to supplement available resources.
Workplace-based or related ECCD programs should be supported by

corporations and employers in the form of physical facilities and recurrent
operating costs. The operating cost incurred for employer or corporate-
sponsored ECCD programs can be deducted from taxable income: Provided,
That the employer or corporation will not charge user fees.
(c) Costs to be Shouldered by Families. – The Council shall monitor

user fees and contributions allowed for both public and private programs to
ensure that these are affordable and within reasonable limits.
User fees for public programs should be limited to monthly contributions

intended to subsidize recurrent costs. Parents are encouraged to contribute
their time and services especially in cases where they are unable to afford
the regular contributions.
SEC. 10. Appropriations. – For the implementation of this Act, the

amount of Four hundred million pesos (P400,000,000.00) per year for five
(5) years is hereby appropriated for the National ECCD Program of the
Council effective upon approval of this Act. Said amount shall be funded
from the gross income of the Philippine Amusement and Gaming Corporation
and shall be directly remitted in four (4) quarterly installments to a special
account of the Council. Thereafter, such sums as may be necessary for the
operations of the Council shall be included in the General Appropriations
Act.
A supplementary appropriations in the amount of Thirty million pesos

(P30,000,000.00) shall be provided to the Council from the President’s
Organizational Adjustment Fund upon approval of this Act.
289
The above appropriations shall be separate and distinct from the annual
budget of the CWC.
Expenses for ECCD programs and technical support packages provided

by the DSWD, DECS, DOH, DILG, DOLE, DA, DOJ, NEDA, and the NNC
shall be specified as separate line items in their respective annual budgets
in the General Appropriations Act. Their annual ECCD workplans shall be
the basis for these budgets and shall be released directly to their regional or
provincial offices whenever applicable.
SEC. 11. Annual Report. – The Council shall, at the close of each
calendar year, submit an annual report to Congress, giving a detailed
account of its proceedings and accomplishments during the year and making
recommendations for the adoption of measures that will improve the National
ECCD System.

unconstitutional, the same shall not affect the validity .and effectivity of the
other provisions thereof.
SEC. 13. Repealing Clause. – Pertinent provisions of Presidential

Decree No. 603 and Executive Order No. 233, all laws, decrees, executive
orders, presidential proclamations, rules and regulations or parts thereof
contrary to or inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
SEC. 14. Implementing Rules and Regulations. – The Council in

consultation with all appropriate government agencies and nongovernment
organizations shall formulate and issue the necessary rules and regulations
for the implementation of this Act within ninety (90) days after the effectivity
of this Act.
of general circulation.
290
Approved,
MANUEL B. VILLAR, JR. FRANKLIN M. DRILON

of Representatives


Approved : DEC 5, 2000
JOSEPH E. ESTRADA
291
H. No. 10732
S. No. 2191

Metro Manila
Eleventh Congress
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two
thousand.
——■——
AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR

BASIC EDUCATION, ESTABLISHING AUTHORITY AND
ACCOUNTABILITY, RENAMING THE DEPARTMENT OF
EDUCATION, CULTURE AND SPORTS AS THE DEPARTMENT
OF EDUCATION AND FOR OTHER PURPOSES

SECTION 1. Short Title. – This Act shall be known as the “Governance

of Basic Education Act of 2001.”

State to protect and promote the right of all citizens to quality basic education
and to make such education accessible to all by providing all Filipino children
a free and compulsory education in the elementary level and free education in
the high school level. Such education shall also include alternative learning
292
systems for out-of-school youth and adult learners. Itshall be the goal of
basic education to provide them with the skills, knowledge and values they
need to become caring, self-reliant, productive and patriotic citizens.
The school shall be the heart of the formal education system. It is where
children learn. Schools shall have a ~ingle aim of providing the best possible
basic education for all learners.
Governance of basic education shall begin at the national level. It is

at the regions, divisions, schools and learning centers -herein referred to as
the field offices -where the policy and principle for the governance of basic
education shall be translated into programs, projects and services developed,
adapted and offered to fit local needs.
The State shall encourage local initiatives for improving the quality of
basic education. The State shall ensure that the values, needs and aspirations
of a school community are reflected in the program of education for the
children, out-of-school youth and adult learners. Schools and learning centers
shall be empowered to make decisions on what is best for the learners they
serve.
SEC. 3. Purposes and Objectives. – The purposes and objectives ofthis

Act are:
(a) To provide the framework for the governance of basic education

which shall set the general directions for educational policies and standards
and establish authority, accountability and responsibility for achieving higher
learning outcomes;
(b) To define the roles and responsibilities of, and provide resources
to, the field offices which shall implement educational programs, projects
and services in communities they serve;
(c) To make schools and learning centers the most important vehicle
for the teaching and learning of national values and for developing in the
Filipino learners love of country and pride in its rich heritage;
293
(d) To ensure that schools and learning centers receive the kind of
focused attention they deserve and that educational programs, projects and
services take into account the interests of all members of the community;
(e) To enable the schools and learning centers to reflect the values of
the community by allowing teachers/learning facilitators and other staff to
have the flexibility to serve the needs of all learners;
(f) To encourage local initiatives for the improvement of schools and

learning centers and to provide the means by which these improvements
may be achieved and sustained; and
(g) To establish schools and learning centers as facilities where

schoolchildren are able to learn a range of core competencies prescribed for
elementary and high school education programs or where the out-of-school
youth and adult learners are provided alternative learning programs and
receive accreditation for at least the equivalent of a high school education.
SEC. 4. Definition of Terms. – For purposes of this Act, the terms or

phrases used shall mean or be understood as follows:
(a) Alternative Learning System – is a parallel learning system to

provide a viable alternative to the existing formal education instruction. It
encompasses both the non-formal and informal sources of knowledge and
skills;
(b) Basic Education – is the education intended to meet basic learning

needs which lays the foundation on which subsequent learning can be based.
It encompasses early childhood, elementary and high school education as
well as alternative learning systems for out-of-school youth and adult learners
and includes education for those with special needs;
(c) Cluster of Schools – is a group of schools which are geographically

contiguous and brought together to improve the learning outcomes;
(d) Formal Education – is the systematic and deliberate process of

hierarchically structured and sequential learning corresponding to the general
294
concept of elementary and secondary level of schooling. At the end of each

level, the learner needs a certification in order to enter or advance to the next
level;
(e) Informal Education – is a lifelong process of learning by which every

person acquires and accumulates knowledge, skills, attitudes and insights
from daily experiences at home, at work at play and from life itself;
(f) Integrated Schools – is a school that offers a complete basic education

in one school site and has unified instructional programs;
(g) Learner – is any individual seeking basic literacy skills and

functional life skills or support services for the improvement of the quality
of his/her life;
(h) Learning Center – is a physical space to house learning resources

and facilities of a learning program for out-of-school youth and adults. It is
a venue for face-to-face learning activities and other learning opportunities
for community development and improvement of the people’s quality of
life;
(i) Learning Facilitator – is the key-learning support person who is

responsible for supervising/facilitating the learning process and activities
of the learner;
(j) Non-Formal Education – is any organized, systematic educational

activity carried outside the framework of the formal system to provide
selected types of learning to a segment of the population;
(k) Quality Education – is the appropriateness, relevance and excellence

of the education given to meet the needs and aspirations of an individual
and society;
(l) School – is an educational institution, private and public, undertaking

educational operation with a specific age-group of pupils or students pursuing
defined studies at defined levels, receiving instruction from teachers, usually
295
located in a building or a group of buildings in a particular physical or cyber

site; and
(m) School Head – is a person responsible for the administrative and

instructional supervision of the school or cluster of schools.
CHAPTER 1
GOVERNANCE OF BASIC EDUCATION
SEC. 5. Principles of Shared Governance. – (a) Shared governance is

a principle which recognizes that every unit in the education bureaucracy
has a particular role, task and responsibility inherent in the office and for
which it is principally accountable for outcomes;
(b) The process of democratic consultation shall be observed in the

decision-making process at appropriate levels. Feedback mechanisms shall
be established to ensure coordination and open communication of the central
office with the regional, division and school levels;
(c) The principles of accountability and transparency shall be

operationalized in the performance of functions and responsibilities at all
levels; and
(d) The communication channels of field offices shall be strengthened

to facilitate flow of information and expand linkages with other government
agencies, local government units and nongovernmental organizations for
effective governance;
SEC. 6. Governance. – The Department of Education, Culture and

Sports shall henceforth be called the Department of Education. It shall be
vested with authority, accountability and responsibility for ensuring access
to, promoting equity in, and improving the quality of basic education. Arts,
culture and sports shall be as provided for in Sections 8 and 9 hereof.
296
S EC. 7. Powers, Duties and Functions. – The Secretary of the

Department of Education shall exercise overall authority and supervision
over the operations of the Department.
A. National Level
In addition to his/her powers under existing laws, the Secretary of

Education shall have authority, accountability and responsibility for the
following:
(1) Formulating national educational policies;
(2) Formulating a national basic education plan;
(3) Promulgating national educational standards;
(4) Monitoring and assessing national learning outcomes;
(5) Undertaking national educational research and studies;
(6) Enhancing the employment status, professional competence, welfare

and working conditions of all personnel of the Department; and
(7) Enhancing the total development of learners through local and

national programs and/or projects.
The Secretary of Education shall be assisted by not more than four

(4) undersecretaries and not more than four (4) assistant secretaries whose
assignments, duties and responsibilities shall be governed by law. There shall
be at least one undersecretary and one assistant secretary who shall be career
executive service officers chosen from among the staff of the Department.
B. Regional Level
There shall be as many regional offices as may be provided by law.

Each regional office shall have a director, an assistant director and an office
297
staff for program promotion and support, planning, administrative and fiscal
services.
Consistent with the national educational policies, plans and standards,

the regional director shall have authority, accountability and responsibility
for the following:
(1) Defining a regional educational policy framework which reflects

the values, needs and expectations of the communities they serve;
(2) Developing a regional basic education plan;
(3) Developing regional educational standards with a view towards

benchmarking for international competitiveness;
(4) Monitoring, evaluating and assessing regional learning outcomes;
(5) Undertaking research projects and developing and managing

regionwide projects which may be funded through official development
assistance and/or other funding agencies;
(6) Ensuring strict compliance with prescribed national criteria for the
.recruitment, selection and training of all staff in the region and divisions;
(7) Formulating, in coordination with the regional development council,

the budget to support the regional educational plan which shall take into
account the educational plans of the divisions and districts;
(8) Determining the organization component of the divisions and

districts and approving the proposed staffing pattern of all employees in the
divisions and districts;
(9) Hiring, placing and evaluating all employees in the regional office,
except for the position of assistant director;
(10) Evaluating all schools division superintendents and assistant

division superintendents in the region;
298
(11) Planning and managing the effective and efficient use of all
personnel, physical and fiscal resources of the regional office, including
professional staff development;
(12) Managing the database and management information system of

the region;
(13) Approving the establishment of public and private elementary and

high schools and learning centers; and
(14) Performing such other functions as may be assigned by proper

authorities.
C. Division Level
A division shall consist of a province or a city which shall have a schools

division superintendent, at least one assistant schools division superintendent
and an office staff for programs promotion, planning, administrative, fiscal,
legal, ancillary and other support services.
Consistent with the national educational policies, plans and standards,

the schools division superintendents shall have authority, accountability and
responsibility for the following:
(1) Developing and implementing division education development

plans;
(2) Planning and managing the effective and efficient use of all
personnel, physical and fiscal resources of the division, including professional
staff development;
(3) Hiring, placing and evaluating all division supervisors and schools
district supervisors as well as all employees in the division, both teaching
and non-teaching personnel, including school heads, except for the assistant
division superintendent;
299
(4) Monitoring the utilization of funds provided by the national

government and the local government units to the schools and learning
centers;
(5) Ensuring compliance of quality standards for basic education

programs and for this purpose strengthening the role of division supervisors
as subject area specialists;
(6) Promoting awareness of and adherence by all schools and

learning centers to accreditation standards prescribed by the Secretary of
Education;
(7) Supervising the operations of all public and private elementary,

secondary and integrated schools, and learning centers; and

authorities.
C. Schools District Level
Upon the recommendation of the schools division superintendents, the

regional director may establish additional schools district within a schools
division. Schools districts already existing at the time of the passage of
this law shall be maintained. A schools district shall have a schools district
supervisor and an office staff for program promotion.
The schools district supervisor shall be responsible for:
(1) Providing professional and instructional advice and support to the

school heads and teachers/facilitators of schools and learning centers in the
district or cluster thereof;
(2) Curricula supervision; and

authorities.
300
D. School Level
There shall be a school head for all public elementary schools and
public high schools or a cluster thereof. The establishment of integrated
schools from existing public elementary and public high schools shall be
encouraged.
The school head, who may be assisted by an assistant school head, shall
be both an instructional leader and administrative manager. The school head
shall form a team with the school teachers/learning facilitators for delivery of
quality educational programs, projects and services. A core of non-teaching
staff shall handle the school’s administrative, fiscal and auxiliary services.
Consistent with the national educational policies, plans and standards

the school heads shall have authority, accountability and responsibility for
the following:
(1) Setting the mission, vision, goals and objectives of the school;
(2) Creating an environment within the school that is conducive to

teaching and learning;
(3) Implementing the school curriculum and being accountable for

higher learning outcomes;
(4) Developing the school education program and school improvement

plan;
(5) Offering educational programs, projects and services which provide

equitable opportunities for all learners in the community;
(6) Introducing new and innovative modes of instruction to achieve

higher learning outcomes;
(7) Administering and managing all personnel, physical and fiscal

resources of the school;
301
(8) Recommending the staffing complement of the school based on its

needs;
(9) Encouraging staff development;
(10) Establishing school and community networks and encouraging

the active participation of teachers organizations, non-academic personnel
of public schools, and parents-teachers community associations;
(11) Accepting donations, gifts~ bequests and grants for the purpose
of upgrading teachers’/learning facilitators’ competencies, improving
and expanding school facilities and providing instructional materials and
equipment. Such donations or grants must be reported to the appropriate
district supervisors and division superintendents; and

authorities.
The Secretary of Education shall create a promotions board, at the

appropriate levels, which shall formulate and implement a system of
promotion for schools division supervisors, schools district supervisors,
and school heads. Promotion of school heads shall be based on educational
qualification, merit and performance rather than on the number of teachers/
learning facilitators and learners in the school.
The qualifications, salary grade, status of employment and welfare and

benefits of school heads shall be the same for public elementary, secondary
and integrated schools.
No appointment to the positions of regional directors, assistant regional

directors, schools division superintendents and assistant schools division
superintendents shall be made unless the appointee is a career executive
service officer who preferably shall have risen from the ranks.
302
CHAPTER 2
TRANSFER OF CULTURAL AGENCIES
SEC. 8. Cultural Agencies. – The Komisyon ng Wikang Pilipino,

National Historical Institute, Records Management and Archives Office
and the National Library shall now be administratively attached to the
National Commission for Culture and the Arts (NCCA) and no longer with
the Department of Education. The program for school arts and culture shall
remain part of the school curriculum.
CHAPTER 3
ABOLITION OF THE BUREAU OF PHYSICAL EDUCATION AND

SCHOOL SPORTS
SEC. 9. Abolition of BPESS. – All functions, programs and activities of

the Department of Education related to sports competition shall be transferred
to the Philippine Sports Commission (PSC). The program for school sports
and physical fitness shall remain part of the basic education curriculum.
The Bureau of Physical Education and School Sports (BPESS) is hereby

abolished. The personnel of the BPESS, presently detailed with the PSC, are
hereby transferred to the PSC without loss of rank, including the plantilla
positions they occupy. All other BPESS personnel shall be retained by the
Department.
CHAPTER 4
SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT

AGENCIES
SEC. 10. The Secretary of Education and the Secretary of Budget

and Management shall, within ninety (90) days from the approval of this
Act, jointly promulgate the guidelines on the allocation, distribution and
utilization of resources provided by the national government for the field
303
offices, taking into consideration the uniqueness of the working conditions

of the teaching service.
The Secretary of the Department of Education shall ensure that

resources appropriated for the field offices are adequate and that resources
for school personnel, school desks and textbooks and other instructional
materials intended are allocated directly and released immediately by the
Department of Budget and Management to said offices.
SEC. 11. The Secretary of the Department of Education, subject to civil

service laws and regulations, shall issue appropriate personnel policy rules
and regulations that will best meet the requirements ofthe teaching profession
taking into consideration the uniqueness of the working conditions of the
teaching service.
SEC. 12. The Commission on Audit, in the issuance of audit rules and
regulations that will govern the utilization of all resources as well as the
liquidation, recording and reporting thereof, shall take into account the
different characteristics and distinct features of the department’s field offices,
its organizational set-up as well as the nature of the operations of schools
and learning centers.
CHAPTERS
FINAL PROVISIONS
SEC. 13. Governance in the ARMM. – The Regional Education

Secretary for the Autonomous Region in Muslim Mindanao (ARM.l\1) shall
exercise similar governance authority over the divisions, districts, schools
and learning centers in the region as may be provided in the Organic Act
without prejudice to the provisions of Republic Act No. 9054, entitled “An
Act to Strengthen and Expand the Organic Act for the Autonomous Region
in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734,
entitled ‘An Act Providing for the Autonomous Region in Muslim Mindanao,
as amended”’.
304
SEC. 14. Rules and Regulations. – The Secretary of Education shall

promulgate the implementing rules and regulations within ninety (90) days
after the approval of this Act: Provided, That, the Secretary of Education
shall fully implement the principle of shared governance within two (2)
years after the approval of this Act.
SEC. 15. Separability Clause. – !ffor any reason, any portion or provision
of this Act shall be declared unconstitutional, other parts or provisions hereof
which are not affected thereby shall continue to be in full force and effect.
SEC. 16. Repealing Clause. – All laws, decrees, executive orders, rules
and regulations, part or parts thereof, inconsistent with the provisions of this
Act, are hereby repealed or modified accordingly.
days following its publication in at least two (2) newspapers of general
circulation.
Approved,
AQUILINO Q. PIMENTEL, JR. FELICIANO BELMONTE, JR.

of Representatives
Senate on June 6, 2001 and June 7, 2001, respectively.
LUTGARDO B. BARBO ROBERTO P. NAZARENO

305
Approved :
GLORIA MACAPAGAL ARROYO

Lapsed into law on AUG, 11, 2001,

without the signature of the President,
in accordance with Article VI,
Section 27 (1) of the Constitution.
306
S. No. 2444
H. No. 4432

Metro Manila
Twelfth Congress
Begun and held in Metro Manila, on Monday, the twenty-second day of July, two
thousand two.
——■——
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING

IN PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL
MECHANISMS FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER PURPOSES

SECTION 1. Title. – This Act shall be known as the “Anti-Trafficking

in Persons Act of 2003”.
SEC. 2. Declaration of Policy. – It is hereby declared that the State

values the dignity of every human person and guarantees the respect of
individual rights. In pursuit of this policy, the State shall give highest
307
priority to the enactment of measures and development of programs that

will promote human dignity, protect the people from any threat of violence
and exploitation, eliminate trafficking in persons, and mitigate pressures for
involuntary migration and servitude of persons, not only to support trafficked
persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent

human dignity of women and men as enshrined in the United Nations
Universal Declaration on Human Rights, United Nations Convention on
the Rights of the Child, United Nations Convention on the Protection of
Migrant Workers and their Families, United Nations Convention Against
Transnational Organized Crime Including its Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children and all
other relevant and universally accepted human rights instruments and other
international conventions to which the Philippines is a signatory.
SEC. 3. Definition of Terms. – As used in this Act:
(a) Trafficking in Persons – refers to the recruitment, transportation,

transfer or harboring, or receipt of persons with or without the victim’s
consent or knowledge, within or across national borders by means of threat
or use of force, or other forms of coercion, abduction, fraud, deception, abuse
of power or of position, taking advantage of the vulnerability of the person,
or, the giving or receiving of payments or benefits to achieve the consent of
a person having control over another person for the purpose of exploitation
which includes at a minimum, the exploitation or the prostitution of others
or other forms of sexual exploitation, forced labor or services; slavery,
servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child
for the purpose of exploitation shall also be considered as “trafficking
in persons” even if it does not involve any of the means set forth in the
preceding paragraph.
(b) Child – refers to a person below eighteen (18) years of age or one
who is over eighteen (18) but is unable to fully take care of or protect himself/
308
herself from abuse, neglect, cruelty, exploitation, or discrimination because

of a physical or mental disability or condition.
(c) Prostitution – refers to any act, transaction, scheme or design

involving the use of a person by another, for sexual intercourse or lascivious
conduct in exchange for money, profit or any other consideration.
(d) Forced Labor and Slavery – refer to the extraction of work or

services from any person by means of enticement, violence, intimidation
or threat, use of force or coercion, including deprivation of freedom, abuse
of authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism – refers to a program organized by travel and tourism-

related establishments and individuals which consists of tourism packages
or activities, utilizing and offering escort and sexual services as enticement
for tourists. This includes sexual services and practices offered during rest
and recreation periods for members of the military.
(f) Sexual Exploitation – refers to participation by a person in prostitution

or the production of pornographic materials as a result of being subjected
to a threat, deception, coercion, abduction, force, abuse of authority, debt
bondage, fraud or through abuse of a victim’s vulnerability.
(g) Debt Bondage – refers to the pledging by the debtor of his! her
personal services or labor or those of a person under his/her control as
security or payment for a debt, when the length and nature of services is not
clearly defined or when the value of the services as reasonably assessed is
not applied toward the liquidation of the debt.
(h) Pornography – refers to any representation, through publication,

exhibition, cinematography, indecent shows, information technology, or by
whatever means, of a person engaged in real’ or simulated explicit sexual
activities or any representation of the sexual parts of a person for primarily
sexual purposes.
(i) Council – shall mean the Inter-Agency Council Against Trafficking

created under Section 20 of this Act.
309
SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful for any

person, natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer, harbor, provide, or receive a person by

any means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
(b) To introduce or match for money, profit, or material, economic.

or other consideration, any person or, as provided for under Republic Act
No. 6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to engage
in prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of

acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism

packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or

pornography;
(f) To adopt or facilitate the adoption of persons for the purpose

of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of

threat or use of force, fraud, deceit, violence, coercion, or intimidation for
the purpose of removal or sale of organs of said person; and
310
(h) To recruit, transport or adopt a child to engage in armed activities

in the Philippines or abroad.
SEC. 5. Acts that Promote Trafficking in Persons. – The following acts

which promote or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house,

building or establishment for the purpose of promoting trafficking in
persons;
(b) To produce, print and issue or distribute unissued, tampered or

fake counseling certificates, registration stickers and certificates of any
government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirements for
the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the

advertisement, publication, printing, broadcasting or distribution by any
means, including the use of information technology and the internet of any
brochure, flyer, or any propaganda material that promotes trafficking in
persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of

facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure registration
and services for departing persons for the purpose of promoting trafficking
in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/
to the country at international and local airports, territorial boundaries and
seaports who are in possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents,

or personal documents or belongings of trafficked persons in furtherance of
trafficking or to prevent them from leaving the country or seeking redress
from the government or appropriate agencies; and
311
(g) To knowingly benefit from, financial or otherwise, or make use of,

the labor or services of a person held to a condition of involuntary servitude,
forced labor, or slavery.
SEC. 6. Qualified Trafficking in Persons. – The following are considered

as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043,
otherwise known as the “Inter-Country Adoption Act of 1995” and said
adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale.

Trafficking is deemed committed by a syndicate if carried out by a group of
three (3) or more persons conspiring or confederating with one another. It
is deemed committed in large scale if committed against three (3) or more
persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a

person who exercises authority over the trafficked person or when the offense
is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution

with any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement

agencies; and
(g) When by reason or on occasion of the act of trafficking in persons,

the offended party dies, becomes insane, suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).
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SEC. 7. Confidentiality. – At any stage of the investigation, prosecution

and trial of an offense under this Act, law enforcement officers, prosecutors,
judges, court personnel and medical practitioners, as well as parties to the
case, shall recognize the right to privacy of the trafficked person and the
accused. Towards this end, law enforcement officers, prosecutors and judges
to whom the complaint has been referred may, whenever necessary to ensure
a fair and impartial proceeding, and after considering all circumstances for
the best interest of the parties, order a closed-door investigation, prosecution
or trial. The name and personal circumstances of the trafficked person or of
the accused, or any other information tending to establish their identities and
such circumstances or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, 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,
producer and direc1Jr of a film in case of the movie industry, or any person
utilizing tri-media facilities or information technology to cause publicity of
any case of trafficking in persons.
SEC. 8. Prosecution of Cases. – Any person who has personal knowledge

of the commission of any offense under this Act, the trafficked person, the
parents, spouse, siblings, children or legal guardian may file a complaint for
trafficking.
SEC. 9. Venue. – A criminal action arising from violation of this Act

shall be filed where the offense was committed, or where any of its elements
occurred, or where the trafficked person actually resides at the time of the
commission of the offense: Provided, That the court where the criminal action
is first filed shall acquire jurisdiction to the exclusion of other courts.
SEC. 10. Penalties and Sanctions. – The following penalties and

sanctions are hereby established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated
in Section 4 shall suffer the penalty of imprisonment of twenty (20) years
and a fine of not less than One million pesos (P1,000,000.00) but not more
than Two million pesos (P2,000,000.00);
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(b) Any person found guilty of committing any of the acts enumerated
in Section 5 shall suffer the penalty of imprisonment of fifteen (15) years
and a fine of not less than Five hundred thousand pesos (P500,000.00) but
not more than One million pesos (Pl,000,000.00);
(c) Any person found guilty of qualified trafficking under Section

6 shall suffer the penalty oflife imprisonment and a fine of not less than
Two million pesos (P2,000,000.00) but not more than Five million pesos
(P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty
of imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club,

establishment or any juridical person, the penalty shall be imposed upon
the owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;
(f) The registration ‘with the Securities and Exchange Commission

(SEC) and license to operate of the erring agency, corporation, association,
religious group, tour or travel agent, club or establishment, or any place
of entertainment shall be cancelled and revoked permanently. The owner,
president, partner or manager thereof shall not be allowed to operate similar
establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after

serving his sentence and be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue

or approve the issuance of travel exit clearances, passports, registration
certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe the
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prescribed procedures and the requirement as provided for by laws, rules

and regulations, shall be held administratively liable, without prejudice
to criminal liability under this Act. The concerned government official or
employee shall, upon conviction, be dismissed from the service and be barred
permanently to hold public office. His/her retirement and other benefits shall
likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under
this Act shall result in the immediate rescission of the decree of adoption.
SEC. 11. Use of Trafficked Persons. – Any person who buys or engages
the services of trafficked persons for prostitution shall be penalized as
follows:
(a) First offense -six (6) months of community service as may be

determined by the court and a fine of Fifty thousand pesos (P50,000.00);
and
(b) Second and subsequent offenses – imprisonment of one (1) year

and a fine of One hundred thousand pesos (P100,000.00).
SEC. 12. Prescriptive Period. – Trafficking cases under this Act shall
prescribe in ten (10) years: Provided, however, That trafficking cases
committed by a syndicate or in a large scale as defined under Section 6 shall
prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which
the trafficked person is delivered or released from the conditions of bondage
and shall be interrupted by the filing of the complaint or information and
shall commence to run again when such proceedings terminate without the
accused being convicted or acquitted or are unjustifiably stopped for any
reason not imputable to the accused.
SEC. 13. Exemption from Filing Fees. – When the trafficked person
institutes a separate civil action for the recovery of civil damages, he/she
shall be exempt from the payment of filing fees.
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SEC. 14. Confiscation and Forfeiture of the Proceeds and Instruments

Derived from Trafficking in Persons. – In addition to the penalty imposed for
the violation of this Act, the court shall order the confiscation and forfeiture,
in favor of the government, of all the proceeds and properties derived from
the commission of the crime, unless they are the property of a third person not
liable for the unlawful act: Provided, however, ‘That all awards for damages
shall be taken from the personal and separate properties of the offender:
Provided, further, That if such properties are insufficient, the balance shall
be taken from the confiscated and forfeited properties.
When the proceeds, properties and instruments of the offense have been
destroyed, diminished in value or otherwise rendered worthless by any act
or omission, directly or indirectly, of the offender, or it has been concealed,
removed, converted or transferred to prevent the same from being found or
to avoid forfeiture or confiscation, the offender shall be ordered to pay the
amount equal to the value of the proceeds, property or instruments of the
offense.
SEC. 15. Trust Fund. – All fines imposed under this Act and the proceeds
and properties forfeited and confiscated pursuant to Section 14 hereof shall
accrue to a Trust Fund to be administered and managed by the Council to
be used exclusively for programs that will prevent acts of trafficking and
protect, rehabilitate, reintegrate trafficked persons into the mainstream of
society. Such programs shall include, but not limited to, the following:
(a) Provision for mandatory services set forth in Section 23 of this

Act;
(b) Sponsorship of a national research program on trafficking and

establishment of a data collection system for monitoring and evaluation
purposes;
(c) Provision of necessary technical and material support services

to appropriate government agencies and non-government organizations
(NGOs);
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(d) Sponsorship of conferences and seminars to provide venue for

consensus building amongst the public, the academe, government, NGOs
and international organizations; and
(e) Promotion of information and education campaign on trafficking.
S EC. 16. Programs that Address Trafficking in Persons. – The

government shall establish and implement preventive, protective and
rehabilitative programs for trafficked persons. For this purpose, the following
agencies are hereby mandated to implement the following programs:
(a) Department of Foreign Affairs (OFA) -shall make available its

resources and facilities overseas for trafficked persons regardless of their
manner of entry to the receiving country, and explore means to further enhance
its assistance in eliminating trafficking activities through closer networking
with government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs.
The DFA shall take necessary measures for the efficient implementation
of the Machine Readable Passports to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of
trafficking through the use of fraudulent identification documents.
It shall establish and implement a pre-marriage, on-site and pre-

departure counseling program on intermarriages.
(b) Department of Social Welfare and Development (DSWD) shall

implement rehabilitative and protective programs for trafficked persons.
It shall provide counseling and temporary shelter to trafficked persons and
develop a system for accreditation among NGOs for purposes of establishing
centers and programs for intervention in various levels of the community.
(c) Department of Labor and Employment (DOLE) -shall ensure the

strict implementation and compliance with the rules and guidelines relative
to the employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers and
labor recruiters.
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(d) Department of Justice (DOJ) -shall ensure the prosecution of

persons accused of trafficking and designate and train special prosecutors
who shall handle and prosecute cases of trafficking. It shall also establish a
mechanism for free legal assistance for trafficked persons, in coordination
with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs
and volunteer groups.
(e) National Commission on the Role of Filipino Women (NCRFW)

-shall actively participate and coordinate in the formulation and monitoring
of policies addressing the issue of trafficking in persons in coordination with
relevant government agencies. It shall likewise advocate for the inclusion of
the issue of trafficking in persons in both its local and international advocacy
for women’s issues.
(f) Bureau of Immigration (BI) -shall strictly administer and enforce

immigration and alien administration laws. It shall adopt measures for the
apprehension of suspected traffickers both at the place of arrival and departure
and shall ensure compliance by the Filipino fiancés/fiancées and spouses of
foreign nationals with the guidance and counseling requirement as provided
for in this Act.
(g) Philippine National Police (PNP) -shall be the primary law

enforcement agency to undertake surveillance, investigation and arrest of
individuals or persons suspected to be engaged in trafficking. It shall closely
coordinate with various law enforcement agencies to secure concerted efforts
for effective investigation and apprehension of suspected traffickers. It shall
also establish a system to receive complaints and calls to assist trafficked
persons and conduct rescue operations.
(h) Philippine Overseas Employment Administration (POEA) -shall

implement an effective pre-employment orientation seminars and pre-
departure counseling programs to applicants for overseas employment.
It shall likewise formulate a system of providing free legal assistance to
trafficked persons.
(i) Department of the Interior and Local Government (DILG) -shall

institute a systematic information and prevention campaign and likewise
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maintain a databank for the effective monitoring, documentation and

prosecution of cases on trafficking in persons.
(j) Local government units (LGUs) -shall monitor and document cases
of trafficking in persons in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violate the provisions of this Act and ensure
effective prosecution of such cases. They shall also undertake an information
campaign against trafficking in persons through the establishment of the
Migrants Advisory and Information Network (MAIN) desks in municipalities
or provinces in coordination with DILG, Philippine Information Agency
(PIA), Commission on Filipinos Overseas (CFO), NGOs and other concerned
agencies. They shall encourage and support community based initiatives
which address the trafficking in persons.
In implementing this Act, the agencies concerned may seek and enlist
the assistance of NGOs, people’s organizations (POs), civic organizations
and other volunteer groups.
SEC. 17. Legal Protection to Trafficked Persons. – Trafficked persons

shall be recognized as victims of the act or acts of trafficking and as such
shall not be penalized for crimes directly related to the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker
in relation thereto. In this regard, the consent of a trafficked person to the
intended exploitation set forth in this Act shall be irrelevant.
SEC. 18. Preferential Entitlement Under the Witness Protection Program.

– Any provision of Republic Act No. 6981 to the contrary notwithstanding,
any trafficked person shall be entitled to the witness protection program
provided therein.
SEC. 19. Trafficked Persons Who are Foreign Nationals. – Subject to

the guidelines issued by the Council, trafficked persons in the Philippines
who are nationals of a foreign country shall also be entitled to appropriate
protection, assistance and services available to trafficked persons under
this Act: Provided, That they shall be permitted continued presence in the
Philippines for a length of time prescribed by the Council as necessary to
effect the prosecution of offenders.
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SEC. 20. Inter-Agency Council Against Trafficking. – There is hereby

established an Inter-Agency Council Against Trafficking, to be composed of
the Secretary of the Department of Justice as Chairperson and the Secretary
of the Department of Social Welfare and Development as Co-Chairperson
and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Administrator, Philippine Overseas Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National h>lice;
(f) Chairperson, National Commission on the Role of Filipino Women;

and
(g) Three (3) representatives from NGOs, who shall be composed of

one (l) representative each from among the sectors representing women,
overseas Filipino workers (OFWs) and children, with a proven record of
involvement in the prevention and suppression of trafficking in persons.
These representatives shall be nominated by the government agency
representatives of the Council, for appointment by the President for a term
of three (3) years.
The members of the Council may designate their permanent

representatives who shall have a rank not lower than an assistant secretary
or its equivalent to meetings, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting
rules and regulations.
SEC. 21. Functions of the Counci. – The Council shall have the following
powers and functions:
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(a) Formulate a comprehensive and integrated program to prevent and

suppress the trafficking in persons;
(b) Promulgate rules and regulations as may be necessary for the

effective implementation of this Act;
(c) Monitor and oversee the strict implementation of this Act;
(d) Coordinate the programs and projects of the various member

agencies to effectively address the issues and problems attendant to
trafficking in persons;
(e) Coordinate the conduct of massive information dissemination and

campaign on the existence of the law and the various issues and problems
attendant to trafficking through the LGUs, concerned agencies, and
NGOs;
(f) Direct other agencies to immediately respond to the problems

brought to their attention and report to the Council on action taken;
(g) Assist in filing of cases against individuals, agencies, institutions

or establishments that violate the provisions of this Act;
(h) Formulate a program for the reintegration of trafficked persons

in cooperation with DOLE, DSWD, Technical Education and Skills
Development Authority (TESDA), Commission on Higher Education
(CHED), LGUs and NGOs;
(i) Secure from any department, bureau, office, agency, or instrumentality

of the government or from NGOs and other civic organizations such
assistance as may be needed to effectively implement this Act;
(j) Complement the shared government information system for

migration established under Republic Act No. 8042, otherwise known as
the “Migrant Workers and Overseas Filipinos Act of 1995” with data on
cases of trafficking in persons, and ensure that the proper agencies conduct
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a continuing research and study on the patterns and scheme of trafficking

in persons which shall form the basis for policy formulation and program
direction;
(k) Develop the mechanism to ensure the timely, coordinated, and

effective response to cases of trafficking in persons;
(1) Recommend measures to enhance cooperative efforts and mutual

assistance among foreign countries through bilateral and/or multilateral
arrangements to prevent and suppress international trafficking in persons;
(m) Coordinate with the Department of Transportation and

Communications (DOTC), Department of Trade and Industry (DTI), and
other NGOs in monitoring the promotion of advertisement of trafficking in
the internet;
(n) Adopt measures and policies to protect the rights and needs of
trafficked persons who are foreign nationals in the Philippines;
(o) Initiate training programs in identifying and providing the necessary

intervention or assistance to trafficked persons; and
(p) Exercise all the powers and perform such other functions necessary
to attain the purposes and objectives of this Act.
SEC. 22. Secretariat to the Council – The Department of Justice shall

establish the necessary Secretariat for the Council.
SEC. 23. Mandatory Services to Trafficked Persons – To ensure recovery,

rehabilitation and reintegration into the mainstream of society, concerned
government agencies shall make available the following services to trafficked
persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
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(c) Free legal services which shall include information about the victims’
rights and the procedure for filing complaints, claiming compensation and
such other legal remedies available to them, in a language understood by
the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track

the progress of recovery, rehabilitation and reintegration of the trafficked
persons shall be adopted and carried out.
SEC. 24. Other Services for Trafficked Persons –
(a) Legal Assistance. – Trafficked persons shall be considered under

the category “Overseas Filipino in Distress” and may avail· of the legal
assistance created by Republic Act No. 8042, subject to the guidelines as
provided by law.
(b) Overseas Filipino Resource Centers. – The services available to

overseas Filipinos as provided for by Republic Act No. 8042 shall also be
extended to trafficked persons regardless of their immigration status in the
host country.
(c) The Country Team Approach. – The country team approach under
Executive Order No. 74 of 1993, shall be the operational scheme under
which Philippine embassies abroad shall provide protection to trafficked
persons insofar as the promotion of their welfare, dignity and fundamental
rights are concerned.
SEC. 25. Repatriation of Trafficked Person – The DFA, in coordination

with DOLE and other appropriate agencies, shall have the primary
responsibility for the repatriation of trafficked persons, regardless of whether
they are documented or undocumented.
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If, however, the repatriation of the trafficked persons shall expose the
victims to greater risks, the DFA shall make representation with the host
government for the extension of appropriate residency permits and protection,
as may be legally permissible in the host country.
SEC. 26. Extradition. – The DOJ, in consultation with DFA, shall

endeavor to include offenses of trafficking in persons among extraditable
offenses.
SEC. 27. Reporting Requirements – The Council shall submit to the

President of the Philippines and to Congress an annual report of the policies,
programs and activities relative to the implementation of this Act.
SEC. 28. Funding – The heads of the departments and agencies

concerned shall immediately include in their programs and issue such rules
and regulations to implement the provisions of this Act, the funding of which
shall be included in the annual General Appropriations Act.
SEC. 29. Implementing Rules and Regulations – The Council shall

promulgate the necessary implementing rules and regulations within sixty
(60) days from the effect ·!ity of this Act.
SEC. 30. Non-restriction of Freedom of Speech and of Association,

Religion and the Right to Travel – Nothing in this Act shall be interpreted
as a restriction of the freedom of speech and of association, religion and
the right to travel for purposes not contrary to law as guaranteed by the
Constitution.
SEC. 31. Separability Clause – If, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other sections
or provisions hereof shall not be affected thereby.
SEC. 32. Repealing Clause – All laws, presidential decrees, executive

orders and rules and regulations, or parts thereof, inconsistent with the
provisions of this Act are hereby repealed or modified accordingly: Provided,
That this Act shall not in any way amend or repeal the provision of Republic
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Act No. 7610, otherwise known as the “Special Protection of Children

Against Child Abuse, Exploitation and Discrimination Act” .
SEC. 33. Effectivity – This Act shall take effect fifteen (15) days from
the date of its complete publication in at least two (2) newspapers of general
circulation.
Approved,
JOSE DE VENECIA JR. FRANKLIN M. DRILON

Representatives

Representatives on May 12, 2003.

Approved : MAY 26, 2003

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S. No. 1859
H.No.5950

Metro Manila
Twelfth Congress
Begun and held in Metro Manila, on Monday, the twenty-second day of July, two
thousand two.
——■——
AN ACT REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION

AND ADVERTISEMENTS OF TOBACCO PRODUCTS AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of he Philippines

SECTION 1. Short Title. – This Act shall be known as the Tobacco

Regulation Act of 2003.
SEC. 2. Policy. – It is the policy of the State to protect the populace

from hazardous products and promote the right to health and instill health
consciousness among them. It is also the policy of the State, consistent
with the Constitutional ideal to promote the general welfare, to safeguard
the interests of the workers and other stakeholders in the tobacco industry.
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For these purposes, the government shall institute a balanced policy whereby
the use, sale and advertisements of tobacco products shall be regulated in
order top promote a healthful environment and protect the citizens from the
hazards of tobacco smoke, and at the same time ensure that the interests of,
growers, workers and stakeholders are not adversely compromised.
SEC. 3. Purpose. – It is the main thrust of this Act to:
a. Promote a healthful environment;
b. Inform the public of the health risks associated with cigarette

smoking and tobacco use;
c. Regulate and subsequently ban all tobacco advertisements and

sponsorships;
d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking and

tobacco use by prohibiting the sale of tobacco products to minors;
f. Assist and encourage Filipino tobacco farmers to cultivate alternative

agricultural crops to prevent economic dislocation; and
g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to

oversee the implementation of the provisions of this Act.
SEC. 4. – Definition of Terms – As used in this Act;
a. “Advertisement” – refers to any visual and/or audible message

disseminated to the public about or on a particular product that promote
and. give publicity by words, designs, images or any other means through
broadcast, electronic, print or whatever form of mass media, including
outdoor advertisements, such as but not limited to signs and billboards.
For the purpose of this Act, advertisement shall be understood as tobacco
advertisement.
327
b. “Advertising” – refers to the business of conceptualizing, presenting,

making available and communicating to the public, through any form of mass
media, any fact, data .or information about the attributes, features, quality
or availability of consumer products, services or credit.
For the purpose of this Act, advertising shall be understood as tobacco

advertising. This shall specifically refer to any messages and images
promoting smoking; the purchase or use of cigarette or tobacco products;
and cigarette or tobacco trademarks, brand names, design and manufacturer’s
names; .
c. “Advertiser” – refers to a person or entity on whose account or for

whom an advertisement is prepared and disseminated by the advertising
agency, which is a service established and operated for the purpose of
counseling or creating and producing and/or implementing advertising
programs in various forms of media;
d. “Cigarette” – refers to any roll or tubular construction, which contains

tobacco or its derivatives and is intended to be burned or heated under
ordinary conditions of use;
e. “Distributor” – refers to any person to whom a tobacco product is

delivered or sold for purposes of distribution in commerce, except that such
term does not include a manufacturer or retailer or common carrier of such
product;
f. “Mass Media” – refers to any medium of communication designed

to reach a mass of people. For this purpose, mass media includes print
media such as, but not limited to, newspapers, magazines, and publications;
broadcast media such as, but not limited to, radio, television, cable television,
and cinema; electronic media such as but not limited to the internet;
g. “Minor” – refers to any person below eighteen (18) years old;
h. “Manufacturer” – refers to any person or entity, including are-packer,

who makes, fabricates, assembles, processes, or labels a finished product;
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i. “Package” – refers to packs, boxes, cartons or containers of any

kind in which any tobacco product is offered for sale to consumers;
j. “Person” – refers to an individual, partnership, corporation or any

other business or legal entity;
k. “Point-of-Sale” – refers to any location at which an individual can

purchase or otherwise obtain tobacco products;
l. “Promotion” – refers to an event or activity organized by or on behalf

of a tobacco manufacturer, distributor or retailer with the aim of promoting a
brand of tobacco product, which event or activity would not occur but for the
support given to it by or on behalf of the tobacco manufacturer, distributor or
retailer. It may also refer to the display of a tobacco product or manufacturer’s
name, trademark, logo, etc. on non-tobacco products. This includes the paid
use of tobacco products bearing the brand names, trademarks, logos, etc. in
movies, television and other forms of entertainment. For the purpose of this
Act, promotion shall be understood as tobacco promotion
m. “Public Conveyances” – refer to modes of transportation servicing

the general population, such as, but not limited to, elevators, airplanes, buses,
taxicabs, ships, jeepneys, light rail transits, tricycles, and similar vehicles;
n. “Public Places” – refer to enclosed or confined areas of all hospitals,

medical clinics, schools, public transportation terminals and offices, and
buildings such as private and public offices, recreational places, shopping
malls, movie houses, hotels, restaurants, and the like;
o. “Retailer” – refers to any person who or entity that sells tobacco

products to individuals for personal consumption;
p. “Smoking” – refers to the act of carrying a lighted cigarette or other

tobacco products, whether or not it is being inhaled or smoked;
q. “Sponsorship” – refers to any public or private contribution to a

third party in relation to an event, team or activity made with the aim of
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promoting a brand of tobacco product, which event, team or activity would

still exist or Occur without such contribution. For the purpose of this Act,
sponsorship shall be understood as tobacco sponsorship;
r. “Tobacco” – refers to agricultural components derived from the

tobacco plant, which are processed for use in the manufacturing of cigarettes
and other tobacco products;
s. “Tobacco Product” – refers to any product that consists of loose

tobacco that contains nicotine and is intended for use in a cigarette, including
any product containing tobacco and intended for smoking or oral or nasal use.
Unless stated otherwise, the requirements of this Act pertaining to cigarettes
shall also apply to other tobacco products;
t. “Tobacco Grower” – refers to any person who plants tobacco before

the enactment of this Act and classified as such by the National Tobacco
Administration (NTA); and
u. “Warning” – refers to the notice printed on the tobacco product or

its container and/or displayed in print or aired in broadcast or electronic
media including outdoor advertising and which shall bear information on
the hazards of tobacco use.
HEALTHFUL ENVIRONMENT
SEC. 5. Smoking Ban in Public Places. – Smoking shall be absolutely

prohibited in the following public places:
a. Centers of youth activity such as playschools, preparatory schools,

elementary schools, high schools, colleges and universities, youth hostels
and recreational facilities for persons under eighteen (18) years old;
b. Elevators and stairwells;
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c. Locations in which fire hazards are present, including gas stations

and storage areas for flammable liquids, gas, explosives or combustible
materials;
d. Within the buildings and premises of public and private hospitals,

medical, dental, and optical clinics, health centers, nursing homes,
dispensaries and laboratories;
e. Public conveyances and public facilities including airport and ship

terminals and train arid bus stations, restaurants and conference halls, except
for separate smoking areas; and
f. Food preparation areas.
SEC. 6. Designated Smoking and Non-smoking Areas. – In all enclosed

places that are open to the general public, private workplaces and other places
not covered under the preceding section, where smoking may expose a person
other than the smoker to tobacco smoke, the owner, proprietor, operator,
possessor, manager or administrator of such places shall establish smoking
and non-smoking areas. Such areas may include a designated smoking area
within the building, which may be in an open sp8.ceor separate area with
proper ventilation, but shall not be located within the same room that has
been designated as a non-smoking area.
All designated smoking areas shall have at least one (1) legible and
visible sign posted, namely “SMOKING AREA” for the information and
guidance of all concerned. In addition, the sign or notice posted shall include
a warning about the health effects of director secondhand exposure to tobacco
smoke. Non-smoking areas shall likewise have at least one (l) legible and
visible sign, namely: “NONSMOKINGAREA” or ‘’NO SMOKING.”
ACCESS RESTRICTIONS
SEC. 7. Vending Machines, Self Service Facilities. – Unless the vending

machine has a mechanism for age verification, the sale or distribution of
tobacco products to· minors by means of a vending machine or any self-
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service facility or similar contraption or device is prohibited, except at

point-of-sale establishments.
SEC. 8. Retailer Compliance with Respect to Self Service Facilities.

– Each retailer shall ensure that all tobacco-related self-service displays
or facilities, advertising, labeling and other items that are located in the
establishment of the retailer and that do not comply with the requirements of
this Act are removed or are brought into compliance with the requirements
of this Act.
SEC. 9. Minimum Age Sales. – Under this Act, it shall be unlawful:
a. For any retailer of tobacco products to sell or distribute tobacco

products to any minor;
b. For any person to purchase cigarettes or tobacco products from a

minor;
c. For a minor to sell or buy cigarette or any tobacco product; and
d. For a minor to smoke cigarettes or any other tobacco products.
It shall not be· a defense for the person selling or distributing that he/
she did not know or was not aware of the real age of the minor. Neither shall
it be a defense that he/she did not know nor had any reason to believe that
the cigarette or any other tobacco product was for the consumption of the
minor to whom it was sold.
SEC. 10. Sale of Tobacco Products Within School Perimeters. – The

sale or distribution of tobacco products is prohibited within one hundred
(100) meters from any point of the perimeter of a school, public playground
or other facility frequented particularly by minors.
SEC. 11. Signage. – Point-of-Sale establishments offering, distributing

or selling tobacco products to consumers, shall post the following statement
in a clear and conspicuous manner: “SALE/DISTRIBUTION TO OR
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PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL”

or “IT IS UNLAWFUL FOR TOBACCO PRODUCTS TO BE SOLD
DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS
OF AGE.”
SEC. 12. Proof of Age Verification. – In case of doubt as to the age of

the buyer, retailers shall verify, by means of any valid form of photographic
identification containing the date of birth of the bearer, that no individual
purchasing a tobacco product is below eighteen (18) years of age.
ADVERTISING AND PROMOTIONS
SEC. 13. Warnings on Cigarette Packages. – Under this Act:
a. All packages in which tobacco products are provided to consumers

withdrawn from the manufacturing facility of all manufacturers or imported
into the Philippines intended for sale to the market, starting I January 2004,
shall be printed, in either English or Filipino, on a rotating basis or separately
and simultaneously, the following health warnings:
“GOVERNMENT WARNING: Cigarette Smoking is Dangerous to

Your Health;”
“GOVERNMENT WARNING: Cigarette are Addictive;”
“GOVERNMENT WARNING: Tobacco Smoke Can Harm Your

Children;” or
“GOVERNMENT WARNING: Smoking Kills.”
b. Upon effectivity of this Act until 30 June 2006, the health warning
shall be located on one side panel of every tobacco product package and
occupy not less than fifty percent (50%) of such side panel including any
border or frame.
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c. Beginning I July 2006, the health warning shall be located on the

bottom portion of one (l) front panel of every tobacco product package and
occupy not less than thirty percent (30%) of such front panel including any
border or frame. The text of the warning shall appear in clearly legible type
in black text on a white background with a black border and in contrast by
typography, layout or color to the other printed matters on the package. The
health warning shall occupy a total area of not less than fifty percent (50%)
of the total warning frame.
d. The warnings shall be rotated periodically, or separately and

simultaneously printed, so that within any twenty-four (24) month period,
the four (4) variations of the warnings shall appear with proportionate
frequency.
e. The warning shall not be hidden or obscured by other printed

information or images, or printed in a location where tax or fiscal stamps
are likely to be applied to the package’ or placed in a location where it will
be damaged when the package is opened. If the warning to be printed on the
package is likely to be obscured or obliterated by a wrapper on the package,
the warning must be printed on both the wrapper and the package.
f. In addition to the health warning, all packages of tobacco products

that are provided to consumers shall contain, on one side panel, the following
statement in a clear, legible and conspicuous manner: “NO SALE TO
MINORS” or “NOT FOR SALE TOMINORS.” The statement shall occupy
an area of not less than ten percent (10%) of such side panel and shall appear
in contrast by color, typography or layout with all the other printed material
on the side panel.
g. No other printed warnings, except the health warning and the

message required in this Section, paragraph f. shall be placed on cigarette
packages.
SEC. 14. Warnings in Advertising. – Under this Act:
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a. All tobacco advertising in mass media shall contain either in English

or Filipino, the following health warning: “GOVERNMENTWARNING:
Cigarette Smoking is Dangerous to Your Health.”
b. For print and outdoor advertisements, the warning frame shall be

centered across the bottom of the advertisement and occupy a total area of not
less than fifteen percent (15%) of such advertisement including any border
or frame. The health warning shall occupy a total area of not less than fifty
percent (50%) of the total warning frame. The text of the health warnings
shall be clearly visible and legible, printed in a prominent color as appropriate
and shall appear in contrast by color, typography or layout with all other
printed material in the advertisement. The warning shall not be hidden or
obscured by other printed information or images in the advertisement.
c. For television and cinema advertisements, the warning shall

be clearly shown and voiced over in the last five (5) seconds of the
advertisement, regardless of the duration of the advertisement, even when
such advertisement is silent. The health warning shall occupy a total area of
not less than fifty percent (50%) of the television screen and shall be clearly
visible, legible and audible, in black text on white background or white text
on black background. No other images except the warning shall be included
in the warning frame.
d. For radio advertisements, the warning stated after the advertisement

shall be clearly and audibly voiced over in the last five (5) seconds of the
advertisement, regardless of its duration.
SEC. 15. Restrictions on Advertising. – The following restrictions shall

apply to all tobacco advertising:
a. Advertisements shall not be aimed at or particularly appeal to persons

under eighteen (18) years of age.
b. Advertisements shall not feature a celebrity or contain an endorsement,

implied or express, by a celebrity.
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c. Advertisements shall not contain cartoon characters or subjects

that depict humans or animals with comically exaggerated features or that
attribute human or unnatural characteristics to animals, plants or other
objects.
d. Advertisements shall only depict persons who are or who appear to

be above twenty-five (25) years of age.
e. Advertisements shall not show, portray or depict scenes where the

actual use of, or the act of using, puffing or lighting cigarettes or other tobacco
products is presented to the public.
SEC. 16. Restrictions on Print Media Advertising. – The following

restrictions shall apply to all print media tobacco advertisements:
a. Advertisements shall not be placed in any printed publication unless

there is a reasonable basis to believe that at least seventy-five percent (75%)
of the readers of such publication are eighteen (18) years of age and above,
and the number of youth who read it constitutes less than ten percent (10%)
of all youth in the Philippines.
b. Advertisements shall not be placed on the packaging or outside covers

(front and back) of a magazine, newspaper, journal or other publication
printed for general circulation.
SEC. 17. Restrictions on Outdoor Advertising. – The following

restrictions shall apply to all outdoor tobacco advertisements:
a. Outdoor advertisements shall not be placed on billboards, wall murals,

or’ transport stops or stations which are within one hundred(100) meters from
any point of the perimeter of a school, public playground or other facility
frequented particularly by persons below eighteen, (18)) years of age.
b. Outdoor advertisements shall not, either individually or when placed

in deliberate combination with other outdoor tobacco advertising, exceed
seventy (70) square meters in total size.
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c. Outdoor advertisements shall not be placed on taxis, buses, trains

or public conveyance or in stations, terminals or platforms thereof: except
point-of-sale establishments.
S EC . 18. Restrictions on Advertising in Cinemas. – Tobacco

advertisements are prohibited in connection with the showing of any film
where persons below eighteen (I8) years old are permitted admission.
S EC . 19. Restrictions on Television and Radio Advertising.

–Advertisements shall not be broadcast on television, cable television, and
radio between seven o’clock in the morning and seven o’clock at night.
SEC. 20. Restrictions on Advertising in Audio, Video and Computer

Cassettes/Discs and Similar Medium. – No electronic advertisements shall be
incorporated within any video or audio cassette, video game machine, optical
disc, or any similar medium, unless access to the item is restricted to persons
eighteen (18) years of age or older. For the purpose of this Section, video
game includes any electronic amusement device that utilizes a computer,
microprocessor, or similar electronic circuitry and its own cathode ray tube,
or is designed to be used with a television set or a monitor that interacts with
the user of the device.
SEC. 21. Restrictions on Advertising on the Internet and SimilarMedium.

– Advertisements are prohibited on the Internet and other similar medium
unless the Internet site is restricted to persons eighteen (18) years of age or
older. A site will be deemed restricted if a person cannot obtain access beyond
the first, page of the website unless the person has established that he or
she is at least eighteen (18) years old. This limitation applies to commercial
communications and shall not prevent the use of company Internet websites’
to provide information regarding a company, its products and smoking and
health related information. This Section shall not prohibit business-to-
business transactions conducted on the Internet and other similar medium
between tobacco manufacturers, retailers, and distributors.
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SEC. 22. Ban on Advertisements. – Beginning 1 January 2007, all

tobacco advertising on television, cable television and radio shall be
prohibited.
Beginning 1 July 2007, all cinema and outdoor advertising shall

be prohibited. No leaflets, posters and similar outdoor advertising
materials may be posted, except inside the premises of point-of-sale retail
establishments.
Beginning 1 July 2008, all forms of tobacco advertising in mass media

shall be prohibited except tobacco advertisements placed inside the premises
of point-of-sale retail establishments.
SEC. 23. Restrictions on Tobacco Promotions. – The following

restrictions shall apply on all tobacco promotions:
a. Promotions must be directed only to persons at least eighteen (18)

years old. No person below eighteen (18) years old or who appear to be below
eighteen (18) years old may participate in such promotions. The participants
in promotions must be required to provide proof of age.
b. Communications to consumers about tobacco promotions shall

comply with the provisions of this Act governing tobacco advertising. In
addition to the required health warning, the age requirement for participation
in any promotion must be clearly marked on the program materials distributed
to consumers.
c. All stalls, booths, and other displays concerning tobacco promotions

must be limited to point-of-sale locations or adult-only facilities.
d. Telephone communications concerning promotional offers, programs

or events must include a recorded health warning message in English or
Filipino consistent with the warnings specified in this Act.
e. No placement shall be made by any manufacturer, distributor, or

retailer of any tobacco product or tobacco product package or advertisment as
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a prop in any television program or motion picture produced for viewing by

the general public or in a video, optical disc or on a video game machine.
f. The name, logo, or other indicia of a cigarette brand may appear on

cigarette lighters, ashtrays, or other smoking related items. If such name,
logo, or other indicia of a cigarette brand is larger than fifty (50) square
centimeters, the item must carry a health warning consistent with the
warnings specified in this Act.
g. No merchandise such as, but not limited to, t-shirts, caps, sweatshirts,
visors, backpacks, sunglasses, writing implements and umbrellas, may be
distributed, sold or offered, directly or indirectly, with the name, logo or
other indicia of a cigarette brand displayed so as to be visible to others when
worn or used. Clothing items must be in adult sizes only.
h. No name, logo, or other indicia· of a cigarette brand or element of a

brand-related marketing activity, may appear on items that are marketed to
or likely to be used by minors such as, but not limited to, sports equipment,
toys, dolls, miniature replicas of racing vehicles, video games, and food. The
manufacturer or company must take all available measures to prevent third
parties from using the company’s brand names, logos, or other proprietary
material on products that are directed toward minors.
i. No tobacco advertisements may be placed on shopping bags.
SEC. 24. Naming Rights. – Subject to the provisions of this Act:
a. No manufacturer may enter into any agreement pursuant to which

payment is made or other consideration is provided by such manufacturer
to any sports league, or any team involved in any such league, in exchange
for use of a tobacco product brand.
b. No manufacturer may enter into any agreement for the naming rights
of any stadium or arena using a tobacco product brand name or otherwise
cause a stadium or arena to be named with such a brand name.
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SEC. 25. Restrictions on Sponsorships. – Beginning 1 July 2006:
a. No sponsorship shall be provided for:
1) an event or activity which bears a tobacco product brand name,

unless there is reasonable basis to believe that all persons who compete,
or otherwise take an active part, in the sponsored events or activities are
persons eighteen (18) years of age or older;
2) a team, or an individual bearing a tobacco product name, unless all

persons sponsored are eighteen (18) years of age or older; or
3) a sponsored event or activity reasonably believed to be of particular

appeal to persons under eighteen (18) years old.
b. Tobacco brand sponsorships shall be prohibited except wherethere

is a reasonable basis to believe that:
1) attendance at the sponsored event or activity will comprise no less

than seventy-five per cent(75%) persons at least eighteen (18) years old;
2) the sponsored event or activity will not be of particular appeal to

persons under eighteen (18) years old;
3) the sponsored event or activity will not receive exposure, other than
as a news item, on television or radio or the Internet, unless such exposure
complies with the provisions of this Act governing tobacco marketing through
those media; and
4) the principal activity associated with the sponsorship does not require
above-average physical fitness for someone of the age group of those taking
part.
c. All persons authorized to bear tobacco product advertisements, logos

or brand names at sponsored events shall be at least eighteen (18) years
old.
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d. All forms of advertising associated with or ancillary to sponsorship

shall comply with the marketing provisions of this Act
SEC. 26. Ban on Sponsorships. – Beginning 1 July 2008, cigarette

and tobacco companies are hereby prohibited from sponsoring any sport,
concert, cultural or art event, as well as individual and team athletes, artists or
performers where such sponsorship shall require or involve the advertisement
or promotion of any cigarette or tobacco company, tobacco product or
tobacco use, name, logo or trademarks and other words, symbols, designs,
colors or other depictions commonly associated with or likely to identify
a tobacco product: Provided, That the attribution only to the name of the
company in the roster of sponsors shall be allowed: Provided further, That
no manufacturer may register a tobacco brand name as a company name
after the passage of this Act.
SEC. 27. Restrictions on Sampling. – The distribution of samples of

tobacco products to persons below eighteen (I8) years old is prohibited.
SEC. 28. Legal Actions. – Any legal action in connection with the
tobacco industry shall be governed by the provisions of the Philippine Civil
Code and other applicable laws.
SEC. 29. Implementing Agency. – An Inter-Agency Committee Tobacco

(IAC-Tobacco), which shall have the exclusive power and function to
administer and implement the provisions of this Act, is hereby created.
The IAC-Tobacco shall be chaired by the Secretary of the Department of
Trade and Industry (DTI) with the Secretary of the Department of Health
(DOH) as Vice Chairperson. The IAC-Tobacco shall have the following as
members:
a. Secretary of the Department of Agriculture (DA);
b. Secretary of the Department of Justice (DOJ);
c. Secretary of the Department of Finance (DOF);
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d. Secretary of the Department of Environment and Natural Resources

(DENR);
e. Secretary of the Department of Science and Technology (DOST)
f. Secretary of the Department of Education (DepEd);
g. Administrator of the National Tobacco Administration (NTA);
h. A representative from the Tobacco Industry to be nominated by the

legitimate and recognized associations of the industry; and
i. A representative from a nongovernment organization (NGO) involved

in public health promotion nominated by DOH in consultation with the
concerned NGOs;
The Department Secretaries may designate their Undersecretaries as

their authorized representatives to the IAC.
SEC. 30. Application to Tobacco Products. – The provisions of this Act

shall apply to all tobacco products placed into commerce in the Philippines.
Except as provided below, no provision of this Act shall apply to tobacco
products intended or offered by the manufacturer for export and not for
[retail] sale in the Philippines.
Tobacco products intended or offered for export shall be subject only

to the requirement that the shipping container shall be prominently marked
on the outside “Export Only:” Provided, That, tobacco products which are
marked for export, but are sold/traded or distributed in the Philippine market,
shall be subject to immediate confiscation and destruction.
SEC. 31 Compliance Monitoring. – Not later than one (1) year after
the date of the effectivity of this Act, and annually thereafter, the IAC-
Tobacco shall submit to the President of the Philippines and to both Houses
of Congress a Compliance Monitoring Report on the compliance of the
manufacturers on all applicable laws and ordinance swith respect to the
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manufacture and distribution of tobacco products. The report shall contain

pertinent information on the methods, goals and implementation program
of said manufacturers with respect to the requirements of this Act.
PENAL PROVISIONS
SEC. 32. Penalties. – The following penalties shall apply:
a. Violation of Sections 5 and 6. – On the first offense, a fine of not less

than Five hundred pesos (Php500.00) but not more than One thousand pesos
(Php1,000.00) shall be imposed. On the second offense, a fine of not less
than One thousand pesos (Php 1,000.00) but not more than Five thousand
pesos (Php 5,000.00) shall be imposed. On the third offense, in addition to
a fine of not less than Five thousand pesos (Php5,000.00) but not more than
Ten thousand pesos (Php 10,000.00) the business permits and licenses to
operate shall be cancelled or revoked.
b. Violation of Sections 7, 8, 9, 10, and II. – On the first offense, any

person or any business entity or establishment selling to, distributing or
purchasing a cigarette or any other tobacco products for a minor shall be
fined the amount of not less than Five thousand pesos (Php5,000.00)or an
imprisonment of not more than thirty (30)days, upon the discretion of the
court. For succeeding offenses, both penalties shall apply in addition to the
revocation of business licenses or permits in the case of a business entity or
establishment.
If the violation is by an establishment of business entity, the owner,

president, manager, or the most senior officers thereof shall be held liable
for the offense.
If a minor is caught selling, buying or smoking cigarettes or any other

tobacco products, the provisions of Article 189 of Presidential Decree No.
603 otherwise known as The Child and Youth Welfare Code, as amended,
shall apply.
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c. Violation of Sections 13 to 27. – On the first offense, a fine of not

more than One hundred thousand pesos (Php 100,000.00) or imprisonment
of not more than one (1) year, or both, at the discretion of the court shall be
imposed.
On the second offense, a fine of Two hundred thousand pesos

(Php200,000.00) or imprisonment of not more than two (2) years, or both,
at the discretion of the court shall be imposed.
On the third offense, in addition to a fine of not more than Four hundred
thousand pesos (Php400,000.00) or imprisonment of not more than three
(3) years, or both, at the discretion of the court, the business permits and
licenses, in the case of a business entity or establishment, shall be revoked
or cancelled.
In the case of a business entity or establishment, the owner, president,

manager or officials thereof shall be liable.
If the guilty officer is an alien, he shall summarily be deported after

serving his sentence, and shall be forever barred from re-entering the
Philippines.
SEC. 33. Programs and Projects. – For a period not exceeding five
(5) years, the National Government -and the concerned departments and
agencies shall provide the following programs and projects:
a. Tobacco Growers’ Assistance Program – This program shall be

utilized to support financially the tobacco farmers who may be displaced
due to the implementation of this Act or has voluntarily ceased to produce
tobacco. To avail of this program, a beneficiary shall present convincing and
substantial evidence that:
1) He or she has been a tobacco farmer for the last three (3)years prior
to January I, 2004;
2) He or she belongs to the tobacco – producing provinces;
344
3) He or she has a certificate of eligibility to apply issued by the Local

Government Unit and the NTA; and
4) He or she has ceased to plant tobacco for the next preceding
b. Tobacco Growers’ Cooperative. – This program shall promote

cooperative programs to assist tobacco farmers in developing alternative
farming systems, plant alternative crops and other livelihood projects. The
requirements of subsection a) shall likewise apply.
c. National Smoking Cessation Program. – A National Smoking

Cessation Program shall be undertaken with the approval of the IAC-
Tobacco. The implementing rules and guidelines to reinforce this program
shall be submitted to the IAC-Tobacco by the Secretary of Health within
three (3) months after the effectivity of this Act.
d. Research and Development Program. – The IAC-Tobacco shall

establish a research and development program to be spearheaded by the
NTA in cooperation with the DOST, which will undertake studies concerning
technologies and methods to reduce the risk of dependence and injury from
tobacco product usage and exposure, alternative uses of tobacco and similar
research programs.
e. National Tobacco-Free Public Education Program. – State

Universities and Colleges and Technical and Vocational Schools shall provide
scholarship programs for dependents of tobacco growers for which the
administrator of the NTA shall provide implementing rules and guidelines.
The guidelines shall be submitted to the IAC-Tobacco within three (3) months
after the effectivity of this Act.
f. Displaced Cigarette Factory Workers’ Assistance Program. – The

Secretary of Labor and Employment, with the concurrence of the IAC-
Tobacco shall establish a program to assist displaced, terminated/separated
or retrenched cigarette factory workers as a result of the enactment of this.
Act. The Secretary of Labor in coordination with the NTA and DTI shall
provide the rules and guidelines to effectuate this program and submit the
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same to the IAC-Tobacco within three (3) months after the effectivity of
this Act.
g. Health Programs. – The IAC-Tobacco, in consultation with the

DOH, shall be responsible for awarding grants to all medical institutions
for the purpose of planning, carrying out, and evaluating activities related to
smoking-related illnesses. The IAC-Tobacco shall submit to Congress and
the President of the Philippines the annual report of expenditures related to
this program.
h. Withdrawal Clinics. – The DOH shall establish smoking withdrawal

clinics to provide counseling regarding the hazardous health effects of
tobacco/cigarette smoking and to rehabilitate smokers from the hazardous
effects of such products.
If a smoker-minor voluntarily submits himself for treatment, counseling,

or rehabilitation in a smoking withdrawal clinic located in any medical
institution in the Philippines, or through his parent/guardian, the expenses
incurred shall be a reimbursable outpatient service of the Philippine Health
Insurance Corporation.
INFORMATION PROGRAM
SEC. 34. Information Drive. – Consistent with the provisions of this Act,
the DOH shall, in cooperation with the DepEd and with the assistance of the
Philippine Information Agency (PIA), undertake a continuous information
program on the harmful effects of smoking.
The DOH shall enlist the active participation of the public and private
sectors in the national effort to discourage the unhealthy habit of smoking.
SEC. 35. Instruction on the Hazardous Effect of Smoking as Partof

School Curricula. – Instruction on the adverse effects of cigarette/tobacco
smoking, including their health environmental and economic implications,
shall be integrated into the existing curricula of all public and private
elementary and high schools.
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The DepEd Secretary shall promulgate such rules and regulations as

may be necessary to carry out the above stated policy hereof, and, with the
assistance of the Secretary of Health and with the approval of the IAC-
Tobacco, shall cause the publication and distribution of materials on the
unhealthy effects of smoking to students and the general public.
MISCELLANANEOUS PROVISIONS
S EC. 36. Congressional Oversight Committee on Tobacco. – A

Congressional Oversight Committee on Tobacco (COC-Tobacco) is hereby
constituted which is mandated to monitor and review the implementation
of this Act for a period not exceeding three (3) years. The COC- Tobacco
shall be composed of the Chairpersons of the Senate Committees on Health,
Trade and Commerce, Agriculture and Public Information and the House
of Representatives Committees on Trade and Industry, Health, Public
Information and Agriculture and a Member of the House of Representatives
representing the tobacco producing provinces, to be nominated by all
the Members of the House of Representatives from tobacco producing
districts.
The Secretariat of the COC-Tobacco shall be drawn from the

existing secretariat personnel of the standing committees comprising the
Congressional Oversight Committee and its funding requirements shall be
charged against the appropriations of both the House of Representatives and
the Senate of the Philippines.
SEC. 37. Implementing Rules. – The IAC-Tobacco shall promulgate such

rules and regulations necessary for the effective implementation of this Act
within six (6) months from the date of publication of this Act. The said rules
and regulations shall be submitted to the COC-Tobacco for its review. The
COC-Tobacco shall approve the implementing rules and regulations within
thirty (30) working days of receipt thereof: Provided, That in the event the
implementing rules and regulations are not promulgated within the specified
period, the specific provisions of this Act shall immediately be executory.
347
SEC. 38. Appropriations. – The amount necessary to implement

the provisions of this Act shall be charged against the current year’s
appropriations of the concerned national government agencies. Thereafter,
such funds as may be necessary for the continued implementation of this
Act shall be included in the budgets of the concerned national government
agencies under the annual General Appropriations Act.
SEC. 39. Repealing Clause. – DOH Administrative Orders No.10 s.

1993 and No. 24 s. 2003 are hereby repealed. Article 94 of Republic Act No.
7394, as amended, otherwise known as the Consumer Act of the Philippines,
is hereby amended.
All other laws, decrees, ordinances, administrative orders, rules and

regulations, or any part thereof, which are inconsistent with this Act are
likewise repealed or amended accordingly.
SEC. 40. Separability Clause. – Should any provision of this Act be

subsequently declared unconstitutional, the other provisions not so declared
shall remain in full force and effect.
SEC. 41. Effictivity. – This Act shall take effect fifteen (15) days after
its publication in the Official Gazette and at least two (2) newspapers of
national circulation.
Approved,

Representatives
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Representatives on June 3, 2003 and June 2, 2003, respectively.

Approved : JUNE 23, 2003

349
S. No. 2155
H. No. 4235

Metro Manila
Twelfth Congress
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two
thousand three.
——■——
AN ACT PROVIDING FOR THE ELIMINATION Of THE 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 ACT”

SECTION 1. Section 2 of Republic Act No. 7610, as amended,

otherwise known as the “Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act”, is hereby amended to read as
follows:
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“SEC. 2. Declaration of State Policy and Principles. – It is hereby

declared to be the policy of the State to provide special protection to children
from all forms of abuse, neglect, cruelty, exploitation and discrimination.
and “ other conditions prejudicial to their development including child labor
and its worst forms; provide sanctions for their commission and carry out a
program for prevention and deterrence of and crisis intervention in situations
of child abuse, exploitation and discrimination. The State shall intervene
on behalf of the child when the parent, guardian, teacher or person having
care or custody of the child fails or is unable to protect the child against
abuse, exploitation and discrimination or when such acts against the child
are committed by the said parent, guardian, teacher or person having care
and custody of the same.
“It shall be the policy of the State to protect and rehabilitate children
gravely threatened or endangered by circumstances which affect or will
affect their survival and normal development and over which they have no
control.
“The best interests of children shall be the paramount consideration

in all actions concerning them, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principle of First Call for Children
as enunciated in the United Nations Convention on the Rights of the Child.
Every effort shall be exerted to promote the welfare of children and enhance
their opportunities for a useful and happy life.”
SEC. 2. Section 12 of the same Act, as amended, is hereby further

amended to read as follows:
“SEC. 12. Employment of Children – Children below fifteen (15) years

of age shall not be employed except:
“1) When a child works directly under the sole responsibility

ofhislher parents or legal guardian and where only members of his/her
family are employed: Provided, however, That his/her employment neither
endangers his/ her life, safety, health, and morals, nor impairs his/her
351
normal development: Provided, further, That the parent or legal guardian

shall provide the said child with the prescribed primary and/or secondary
education; or
“2) Where a child’s employment or participation in public entertainment

or information through cinema, theater, radio, television or other forms of
media is essential: Provided, 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: Provided, further, That the following requirements in all
instances are strictly complied with:
“(a) The employer shall ensure the protection, health, safety, morals
and normal development of the child;
“(b) 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
“(c) 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.
“For purposes of this Article, the term “child” shall apply to all persons
under eighteen (18) years of age.”
SEC. 3. The same Act, as amended, is hereby further amended by

adding new sections to be denominated as Sections 12-A, 12-B, 12-C, and
12-D to read as follows:
“SEC. 12-A. Hours of Work of a Working Child – Under the exceptions

provided in Section 12 of this Act, as amended:
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“(1) A child below fifteen (15) years of age may be allowed to work
for not more than twenty (20) hours a week: Provided, That the work shall
not be more than four (4) hours at any given day;
“(2) A child fifteen (15) years of age but below eighteen (18) shall
not be allowed to work for more than eight (8) hours a day, and in no case
beyond forty (40) hours a week;
“(3) No child below fifteen (15 years of age shall be allowed to work
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 eighteen (18) shall be allowed to work between ten o’ clock
in the evening and six o’ clock in the morning of the following day.”
“SEC. 12-B. Ownership, Usage andAdministration of the Working

Child’s Income. – The wages, salaries, earnings and other income of the
working child shall belong to him/her in ownership and shall be set aside
primarily for his/her support, education or skills acquisition and secondarily
to the collective needs of the family: Provided, That not more than twenty
percent (20%) of the child’s income may be used for the collective needs of
the family.
“The income of the working child and/or the property acquired through
the work ofthe child shall be administered by both parents. In the absence or
incapacity of either of the parents, the other parent shall administer the same.
In case both parents are absent or incapacitated, the order of preference on
parental authority as provided for under the Family Code shall apply.
“SEC. 12-C. Trust Fund to Preserve Part of the Working Child’s Income.
– The parent or legal guardian of a working child below eighteen (18) years
of age shall set up a trust fund for at least thirty percent (30%) of the earnings
of the child whose wages and salaries from work and other income amount
to at least two hundred thousand pesos (P200,000.00) annually, for which
he/she shall render a semi-annual accounting of the fund to the Department
of Labor and Employment, in compliance with the provisions of this Act.
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The child shall have full control over the trust fund upon reaching the age
of majority.
“SEC. 12-D. Prohibition Against Worst Forms o/Child Labor. – No

child shall be engaged in the worst forms of child labor” shall refer to any
of the following:
“(1) All forms of slavery, as defined under the “Anti-trafficking in

Persons Act of 2003”, 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; or
“(2) The use, procuring, offering or exposing of a child for prostitution,

for the production of pornography or tor pornographic performances; or
“(3) The use, procuring or offering ofa child for illegal or illicit
activities, including the production and trafficking of dangerous drugs and
volatile substances prohibited under existing laws; or
“(4) Work which, by its nature or the circumstances in which it is carried

out, is hazardous or likely to be harmful to the health, safety or morals of
children, such that it:
“a) Debases, degrades or demeans the intrinsic worth and dignity of a

child as a human being; or
“b) Exposes the child to physical, emotional or sexual abuse, or is found

to be highly stressful psychologically or may prejudice morals; or
“c) Is performed underground, underwater or at dangerous heights;

or
“d) Involves the use of dangerous machinery, equipment and tools such
as power-driven or explosive power-actuated tools; or
354
“e) 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
“f) 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
“g) Is performed under particularly difficult conditions; or
“h) Exposes the child to biological agents such as bacteria, fungi,

viruses, protozoans, nematodes and other parasites; or
“i) Involves the manufacture or handling of explosives and other

pyrotechnic products.”

follows:
“SEC. 13. Access to Education and Training for Working Children· “a)
No child shall be deprived of formal or non-formal education. tn all cases
of employment allowed in this Act, the employer shall provide a working
child with access to at least primary and secondary education.
“b) To ensure and guarantee the access of the working child to

education and training, the Department of Education (DEPEO) shall:
(1) formulate, promulgate, and implement relevant and effective course
designs and educational programs; (2) conduct the necessary training for
the implementation of the appropriate curriculum for the purpose; (3) ensure
the availability of the needed educational facilities and materials; and (4)
Conduct continuing research and development program for the necessary
and relevant alternative education of the working child.
“c) The DEPED shall promulgate a course design under its non-
formal education program aimed at promoting the intellectual, moral and
355
vocational efficiency of working children who have not undergone or finished

elementary or secondary education. Such course design shall integrate the
learning process deemed most effective under given circumstances.”

follows:
“SEC. 14. Prohibition on the Employment o/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.”
SEC. 6. Section 16 ofthe same Act, is hereby amended to read as

follows:
“SEC. 16. Penal Provisions –
“a) Any employer who violates Sections 12, 12-A, and Section 14 of
this Act, as amended, shall be penalized by imprisonment of six (6) months
and one (1) day to six (6) years or a fine of not less than Fifty thousand pesos
(P50,000.00) but not more than Three hundred thousand pesos (P300,000.00)
or both at the discretion of the court.
“b) Any person who violates the provision of Section 12-D of this Act
or the employer of the subcontractor who employs, or the one who facilitates
the employment of a child in hazardous work., shall suffer the penalty of
a fine of not less than One hundred thousand pesos (P100,000.00) but not
more than One million pesos (P1,000,000.00), or imprisonment of not less
than twelve (12) years and one (1) day to twenty (20) years, or both such
fine and imprisonment at the discretion of the court.
“c) Any person who violates Sections 12-0(1) and 12D(2) shall be
prosecuted and penalized in accordance with the penalty provided for by R.
A. 9208 otherwise known as the “Anti-trafficking in Persons Act of 2003”:
Provided, That such penalty shall be imposed in its maximum period.
356
“d) Any person who violates Section 12-D (3) shall be prosecuted
and penalized in accordance with R.A.9165, otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002”:’ Provided, That such
penalty shall be imposed in its maximum period.
“e) If a corporation commits any of the violations aforecited, the board

of directors/trustees and officers, which include the president, treasurer and
secretary of the said corporation who participated in or knowingly allowed
the violation, shall be penalized accordingly as provided for under this
Section.
“f) Parents, biological or by legal fiction, and legal guardians found to

be violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of
not less than Ten thousand pesos (P10,000.00) but not more than One hundred
thousand pesos (P100,00.00), or be required to render community service
for not less than thirty (30) days but not more than one (1) year, or both such
fine and community service at the discretion of the court: Provided, That
the maximum length of community service shall be imposed on parents or
legal guardians who have violated the provisions of this Act three (3) times;
Provided, furrther, That in addition to the community service, the penalty of
imprisonment of thirty (30) days but not more than one (1) year or both at
the discretion of the court, shall be imposed on the parents or legal guardians
who have violated the provisions of this Act more than three (3) times.
“g) The Secretary of Labor and Employment or his/her duly authorized

representative may, after due notice and hearing, order the closure of any
business firm or establishment found to have violated any of the provisions of
this Act more than three (3) times. He/she shall likewise order the immediate
closure of such sum or establishment if:
“(1) The violation of any provision of this Act has resulted in the death,
insanity or serious physical injury of a child employed in such establishment;
or
“(2) Such firm or establishment is engaged or employed in prostitution

or in obscene or lewd shows.
357
“h) In case of such closure, the employer shall be required to pay the
employee(s) the separation pay and other monetary benefits provided for
by’ law.”
SEC. 7. The same Act is hereby further amended by adding a new section
to be denominated as Section 16-A, to read as follows:
“SEC. 16-A. Trust Fund from Fines and Penalties – The fine imposed
by the court shall be treated as a Trust Fund, administered by the Department
of Labor and Employment and disbursed exclusively for the needs, including
the costs of rehabilitation and reintegration into the mainstream of society
of the working children who are victims of the violations of this Act, and
for the programs and projects that will prevent acts of child labor.”

follows:
“SEC. 27. Who May File a Complaint – Complaints on cases of 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) Officer, social worker or representative of a licensed child-caring

institution;
“(e) Officer or social worker of the Department of Social Welfare and

Development;
“(f) Barangay chairman of the place where the violation occurred,

where the child is residing or employed; or
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“(g) At least three (3) concerned, responsible citizens where the violation
occurred.”
SEC. 9. The same Act is hereby further amended by adding new sections
to Section 16 to be denominated as .Sections 16-A, 16-B and 16-C to read
as follows:
“SEC. 16-A. Jurisdiction – The family courts shall have original

jurisdiction over all cases involving offenses punishable under this Act:
Provided, That in cities or provinces where there are no family courts yet,
the regional trial courts and the municipal trial courts shall have concurrent
jurisdiction depending on the penalties prescribed for the offense charged.
“The preliminary investigation of cases filed under this Act shall be

terminated within a period of thirty (30) days from the date of filing.
“If the preliminary investigation establishes a prima facie case, then

the corresponding information shall be filed in court within forty eight (48)
hours from the termination of the investigation.
“Trial of cases under this Act shall be terminated by the court not later
than ninety (90) days from the date of filing of information. Decision on said
cases shall be rendered within a period of fifteen (15) days from the date of
submission of the case.
“SEC. 16-B. Exemptions from Filing Fees. – When the victim of child
labor institutes a separate civil action for the recovery of civil damages, he/
she shall be exempt from payment of filing fees.
“SEC. 16-C. Access to Immediate Legal, Medical and Psycho-Social

Services – The working child shall have the right to free legal, medical c..’1d
psycho-social services to be provided by the State”
SEC. 10. Implementing Rules and Reguli1tions – The Secretary of

Labor and Employ11ent, in coordination with the Committees on Labor
and Employment of both Houses of Congress, shall issue the necessary
Implementing Rules and Regulations (IRR) to effectively implement the
359
provisions of this Act, in consultation with concerned public and private

sectors, within sixty (60) days from the effectivity of this Act.
Such rules and regulations shall take effect upon their publication in
two (2) national newspapers of general circulation.

invalid or unconstitutional, the validity of the remaining provisions hereof
SEC. 12. Repealing Clause. – All laws, decrees, or rules inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.
SEC. 13. Effectivity. – This Act shall take effect fifteen (15) days from
the date of its complete publication in the Official Gazette or in at least two
(2) national newspapers of general circulation.
Approved,

Representatives


Approved : DEC 19, 2003
360
H. No. 4437
S. No. 2510

Metro Manila
Twelfth Congress
Begun and held in Metro Manila, on Monday the twenty-eight day of July, two
thousand three.
——■——
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE

SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE
ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE
KNOWN AS THE “FAMILY CODE OF THE PHILIPPINES”

SECTION 1. Article 176 of Executive Order No. 209, otherwise known as

the Family Code of the Philippines, is hereby amended to read as follows:
“Article 176. Illegitimate children shall use the surname and shall be
under the parental authority of their mother, and shall be entitles to support
in conformity with this Code. However, illegitimate children may use the
surname of their father if their filiation has been expressly recognized by the
father through the record of birth appearing in the civil register, or when an
admission in a public document or private handwritten instrument is made
361
by the father. Provided, the father has the right to institute an action before
the regular courts to prove non-filiation during his lifetime. The legitimate
of each illegitimate child shall consist of one-half of the legitimate of a
legitimate child.
SEC. 2. Repealing Clause – All laws, presidential decrees, executive

orders, proclamations, rules and regulations, which are inconsistent with the
provisions of this Act are herby repealed or modified accordingly.
from its publication in the Official Gazette or on two (2) newspapers of
Approved,
FRANKLIN M. DRILON JOSE DE VENECIA, JR.

Representatives
Senate on January 21, 2004 and February 4, 2004, respectively.
OSCAR G. YABES ROBERTO P. NAZARENO

Approved: FEBRUARY 24, 2004
GLORIA MACAPAGAL-ARROYO
362
S. No. 2723
H. Nos. 5516 and 6054

Metro Manila
Twelfth Congress
Begun and held in Metro Manila, on Monday the twenty-eighth day of July, two
thousand three.
——■——
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR

CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR
OTHER PURPOSES

SECTION 1. Short Title. – This Act shall be known as the “Anti-Violence

Against Women and Their Children Act of 2004”.
SEC. 2. Declaration of Policy. – It is hereby declared that the State

values the dignity of women and children and guarantees full respect for
human rights. The State also recognizes the need to protect the family and
its members particularly women and children, from violence and threats to
their personal safety and security.
363
Towards this end, the State shall exert efforts to address violence
committed against women and children in keeping with the fundamental
freedoms guaranteed under the Constitution and the provisions of the
Universal Declaration of Human Rights, the Convention on theElimination
of All Forms of Discrimination Against Women, Convention on the Rights
of the Child and other international human rights instruments of which the
Philippines is a party.
SEC. 3. Definition of Terms. – As used in this Act, (a) “Violence against

women and their children” refers to any act or a series of acts committed
by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or
with whom he has a common child, or against her child whether legitimate
or illegitimate, within or without the family abode, which result in or is likely
to result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty. It includes, but is not limited to, the following
acts:
A. “Physical violence” refers to acts that include bodily or physical

harm;
B. “Sexual violence” refers to an act which is sexual in nature,

committed against a woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman

or her child as a sex object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the victim’s body, forcing
her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing
the wife and mistress/lover to live in the conjugal home or sleep together in
the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual

activity by force, threat of force, physical or other harm or threat of physical
or other harm or coercion;
364
c) Prostituting the woman or her child.
C. “Psychological violence” refers to acts or omissions causing or likely

to cause mental or emotional suffering of the victim such as but not limited
to intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and marital infidelity. It includes causing
or allowing the victim to witness the physical, sexual or psychological
abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful
or unwanted deprivation of the right to custody and/or visitation of common
children.
D. “Economic abuse” refers to acts that make or attempt to make

a woman financially dependent which includes, but is not limited to the
following:
1. withdrawal of financial support or preventing the victim from

engaging in any legitimate profession, occupation, business or activity,
except in cases wherein the other spouse/partner objects on valid, serious
and moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right

to the use and enjoyment of the conjugal, community or property owned in
common;
3. destroying household property;
4. controlling the victim’s own money or properties or solely controlling

the conjugal money or properties.
(b) “Battery” refers to an act of inflicting physical harm upon the woman
or her child resulting to physical and psychological or emotional distress.
(c) “Battered Woman Syndrome” refers to a scientifically defined

pattern of psychological and behavioral symptoms found in women living
in battering relationships as a result of cumulative abuse.
365
(d) “Stalking” refers to an intentional act committed by a person who,

knowingly and without lawful justification follows the woman or her child
or places the woman or her child under surveillance directly or indirectly
or a combination thereof.
(e) “Dating relationship” refers to a situation wherein the parties live as

husband and wife without the benefit of marriage or are romantically involved
over time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals in a
business or social context is not a dating relationship.
(f) “Sexual relations” refers to a single sexual act which may or may
not result in the bearing of a common child.
(g) “Safe Place or Shelter” refers to any home or institution maintained

or managed by the Department of Social Welfare and Development (DSWD)
or by any other agency or voluntary organization accredited by the DSWD
for the purposes of this Act or any other suitable place the resident of which
is willing temporarily to receive the victim.
(h) “Children” refer to those below eighteen (18) years of age or older
but are incapable of taking care of themselves as defined under Republic
Act No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.
SEC. 4. Construction. – This Act shall be liberally construed to promote

the protection and safety of victims of violence against women and their
children.
SEC. 5. Acts of Violence Against Women and Their Children. – The

crime of violence against women and their children is committed through
any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
366
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical

harm;
(e) Attempting to compel or compelling the woman or her child to

engage in conduct which the woman or her child has the right to desist from
or to desist from conduct which the woman or her child has the right to
engage in, or attempting to restrict or restricting the woman’s or her child’s
freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against
the woman or her child. This shall include, but not limited to, the following
acts committed with the purpose or effect of controlling or restricting the
woman’s or her child’s movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child

of custody or access to her/his family;
(2) Depriving or threatening to deprive the woman or her children of

financial support legally due her or her family, or deliberately providing the
woman’s children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a

legal right;
(4) Preventing the woman in engaging in any legitimate profession,

occupation, business or activity, or controlling the victim’s own money
or properties, or solely controlling the conjugal or common money, or
properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the

purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage

in any sexual activity which does not constitute rape, by force or threat of
367
force, physical harm, or through intimidation directed against the woman

or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or

through another, that alarms or causes substantial emotional or psychological
distress to the woman or her child. This shall include, but not be limited to,
the following acts:
(1) Stalking or following the woman or her child in public or private

places;
(2) Peering in the window or lingering outside the residence of the

woman or her child;
(3) Entering or remaining in the dwelling or on the property of the

woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm

to animals or pets of the woman or her child; and
(5) Causing mental or emotional anguish, public ridicule or humiliation

to the woman or her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of minor children
or denial of access to the woman’s child/children.
SEC. 6. Penalties. – The crime of violence against women and their

children, under Section 5 hereof shall be punished according to the following
rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated

or consummated parricide or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance

with the Revised Penal Code; those constituting serious physical injuries shall
have the penalty of prision mayor; those constituting less serious physical
368
injuries shall be punished by prision correccional; and those constituting

slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment

of two (2) degrees lower than the prescribed penalty for the consummated
crime as specified in the preceding paragraph but shall in no case be lower
than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto
mayor;
(c) Acts falling under Section 5(e) shall be punished by prision

correccional;
(d) Acts falling under Section 5(f) shall be punished by

arrestomayor;
(e) Acts falling under Section 5(g) shall be punished by prision

mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished
by prision mayor.
If the acts are committed while the woman or child is pregnant or

committed in the presence of her child, the penalty to be applied shall be
the maximum period of penalty prescribed in this section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the

amount of not less than One hundred thousand pesos (P100,000.00) but
not more than Three hundred thousand pesos(P300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall report
compliance to the court.
SEC. 7. Venue. – The Regional Trial Court designated as a Family Court

shall have original and exclusive jurisdiction over cases of violence against
369
women and their children under this law. In the absence of such court in
the place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed
at the option of the complainant.
SEC. 8. Protection Orders. – A protection order is an order issued under

this Act for the purpose of preventing further acts of violence against a woman
or her child specified in Section 5 of this Act and granting other necessary
relief. The relief granted under a protection order should serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the
victim’s daily life, and facilitating the opportunity and ability of the victim to
independently regain control over her life. The provisions of the protection
order shall be enforced by law enforcement agencies. The protection orders
that may be issued under this Act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent protection order (PPO).
The protection orders that may be issued under this Act shall include any,
some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or

committing, personally or through another, any of the acts mentioned in
Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning,

contacting or otherwise communicating with the petitioner, directly or
indirectly;
(c) Removal and exclusion of the respondent from the residence of the
petitioner, regardless of ownership of the residence, either temporarily for
the purpose of protecting the petitioner, or permanently where no property
rights are violated, and, if respondent must remove personal effects from
the residence, the court shall direct a law enforcement agent to accompany
the respondent to the residence, remain there until respondent has gathered
his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and any
designated family or household member at a distance specified by the court,
370
and to stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated family or
household member;
(e) Directing lawful possession and use by petitioner of an automobile

and other essential personal effects, regardless of ownership, and directing
the appropriate law enforcement officer to accompany the petitioner to the
residence of the parties to ensure that the petitioner is safely restored to
the possession of the automobile and other essential personal effects, or to
supervise the petitioner’s or respondent’s removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to

the petitioner;
(g) Directing the respondent to provide support to the woman and/or her
child if entitled to legal support. Notwithstanding other laws to the contrary,
the court shall order an appropriate percentage of the income or salary of
the respondent to be withheld regularly by the respondent’s employer and
for the same to be automatically remitted directly to the woman. Failure to
remit and/or withhold or any delay in the remittance of support to the woman
and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any

firearm or deadly weapon and order him to surrender the same to the court
for appropriate disposition by the court, including revocation of license and
disqualification to apply for any license to use or possess a firearm. If the
offender is a law enforcement agent, the court shall order the offender to
surrender his firearm and shall direct the appropriate authority to investigate
on the offender and take appropriate action on the matter;
(i) Restitution for actual damages caused by the violence inflicted,

including, but not limited to, property damage, medical expenses, childcare
expenses and loss of income;
371
(j) Directing the DSWD or any appropriate agency to provide petitioner

temporary shelter and other social services that the petitioner may need;
and
(k) Provision of such other forms of relief as the court deems necessary
to protect and provide for the safety of the petitioner and any designated
family or household member, provided petitioner and any designated family
or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in
the absence of a decree of legal separation or annulment or declaration of
absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for a BPO

shall not preclude a petitioner from applying for, or the court from granting
a TPO or PPO.
SEC. 9. Who May File Petition for Protection Orders. – A petition for
protection order may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil

degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local

government units (LGUs);
(e) police officers, preferably those in charge of women and children’s

desks;
(f) Punong Barangay or Barangay Kagawad;
372
(g) lawyer, counselor, therapist or healthcare provider of the

petitioner;
(h) at least two (2) concerned responsible citizens of the city or

municipality where the violence against women and their children occurred
and who has personal knowledge of the offense committed.
SEC. 10. Where to Apply for a Protection Order. – Applications for BPOs
shall follow the rules on venue under Section 409 of the Local Government
Code of 1991 and its implementing rules and regulations. An application
for a TPO or PPO may be filed in the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit trial court with territorial
jurisdiction over the place of residence of the petitioner: Provided, however,
That if a family court exists in the place of residence of the petitioner, the
application shall be filed with that court.
SEC. 11. How to Apply for a Protection Order. – The application for a
protection order must be in writing, signed and verified under oath by the
applicant. It may be filed as an independent action or as an incidental relief
in any civil or criminal case the subject matter or issues thereof partakes of
a violence as described in this Act. A standard protection order application
form written in English with translation to the major local languages, shall
be made available to facilitate applications for protection orders, and shall
contain, among others, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in

Section 8 herein;
(e) request for counsel and reasons for such
373
(f) request for waiver of applicantion fees until hearing; and
(g) an attestation that there is no pending application for a protection

order in another court.
If the applicant is not the victim, the application must be accompanied

by an affidavit of the applicant attesting to (a) the circumstances of the abuse
suffered by the victim and (b) the circumstances of consent given by the
victim for the filing of the application. When disclosure of the address of
the victim will pose danger to her life, it shall be so stated in the application.
In such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall
provide a mailing address for purposes of service processing.
An application for protection order filed with a court shall be considered

an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the

preparation of the application. Law enforcement agents shall also extend
assistance in the application for protection orders in cases brought to their
attention.
SEC. 12. Enforceability of Protection Orders. – All TPOs and PPOs

issued under this Act shall be enforceable anywhere in the Philippines and a
violation thereof shall be punishable with a fine ranging from Five Thousand
Pesos (P5,000.00) to Fifty Thousand Pesos(P50,000.00) and/or imprisonment
of six (6) months.
SEC. 13. Legal Representation of Petitioners for a ProtectionOrder. –

If the woman or her child requests in the application for a protection order
for the appointment of counsel because of lack of economic means to hire
a counsel de parte, the court shall immediately direct the Public Attorney’s
Office (PAO) to represent the petitioner in the hearing on the application.
If the PAO determines that the applicant can afford to hire the services of a
counsel de parte, it shall facilitate the legal representation of the petitioner
by a counsel de parte. The lack of access to family or conjugal resources
374
by the applicant, such as when the same are controlled by the perpetrator,
shall qualify the petitioner to legal representation by the PAO.
However, a private counsel offering free legal service is not barred

from representing the petitioner.
SEC. 14. Barangay Protection Orders (BPOs); Who May Issue and
How; – Barangay Protection Orders (BPOs) refer to the protection order
issued by the Punong Barangay ordering the perpetrator to desist from
committing acts under Section 5(a) and (b) of this Act. A Punong Barangay
who receives applications for a BPO shall issue the protection order to the
applicant on the date of filing after ex parte determination of the basis of the
application. If the Punong Barangay is unavailable to act on the application
for a BPO, the application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad, the order must be
accompanied by an attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time of the issuance of the BPO. BPOs
shall be effective for fifteen (15) days. Immediately after the issuance of an
ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally
serve a copy of the same on the respondent, or direct any barangay official
to effect its personal service.
The parties may be accompanied by a non-lawyer advocate in any

proceeding before the Punong Barangay.
SEC. 15. Temporary Protection Orders.– Temporary Protection Orders

(TPOs) refers to the protection order issued by the court on the date of filing of
the application after ex parte determination that such order should be issued.
A court may grant in a TPO any, some or all of the reliefs mentioned in this
Act and shall be effective for thirty (30) days. The court shall schedule a
hearing on the issuance of a PPO prior to or on the date of the expiration of
the TPO. The court shall order the immediate personal service of the TPO
on the respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the date
of the hearing on the merits of the issuance of a PPO.
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SEC. 16. Permanent Protection Orders. – Permanent Protection

Order (PPO) refers to protection order issued by the court after notice and
hearing.
Respondents non-appearance despite proper notice, or his lack of

a lawyer, or the non-availability of his lawyer shall not be a ground for
rescheduling or postponing the hearing on the merits of the issuance of a
PPO. If the respondent appears without counsel on the date of the hearing on
the PPO, the court shall appoint a lawyer for the respondent and immediately
proceed with the hearing. In case the respondent fails to appear despite
proper notice, the court shall allow ex parte presentation of the evidence by
the applicant and render judgment on the basis of the evidence presented.
The court shall allow the introduction of any history of abusive conduct of
a respondent even if the same was not directed against the applicant or the
person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits
of the issuance of a PPO in one (1) day. Where the court is unable to conduct
the hearing within one (1) day and the TPO issued is due to expire, the court
shall continuously extend or renew the TPO for a period of thirty (30) days
at each particular time final judgement is issued. The extended or renewed
TPO may be modified by the court as may be necessary or applicable to
address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section
8 hereof in a PPO. A PPO shall be effective until revoked by a court upon
application of the person in whose favor the order was issued. The court
shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order to the
basis of the lapse of time between the act of violence and the filing of the
application.
Regardless of the conviction or acquittal of the respondent, the Court

must determine whether or not the PPO shall become final. Even in a
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dismissal, a PPO shall be granted as long as there is no clear showing that

the act from which the order might arise did not exist.
SEC. 17. Notice of Sanction in Protection Orders. – The following

statement must be printed in bold-faced type or in capital letters on the
protection order issued by the Punong Barangay or court:
“Violation of this order is punishable by law.”
SEC. 18. Mandatory period for Acting on Applications For Protection

Orders. – Failure to act on an application for a protection order within the
reglementary period specified in the previous sections without justifiable
cause shall render the official or judge administratively liable.
.
SEC. 19. Legal Separation Cases – In cases of legal separation, where
violence as specified in this Act is alleged, Article 58 of the Family Code shall
not apply. The court shall proceed on the main case and other incidents of
the case as soon as possible. The hearing on any application for a protection
order filed by the petitioner must be conducted within the mandatory period
specified in this Act.
SEC. 20. Priority of Applications for a Protection Order. – Ex parte and

adversarial hearings to determine the basis of applications for a protection
order under this Act shall have priority over all other proceedings. Barangay
officials and the courts shall schedule and conduct hearings on applications
for a protection order under this Act above all other business and, if necessary,
suspend other proceedings in order to hear applications for a protection
order.
SEC. 21. Violation of Protection Orders. – A complaint for a violation

of a BPO issued under, this Act must be filed directly with any municipal
trial court, metropolitan trial court, or municipal circuit trial court that has
territorial jurisdiction over the barangay that issued the BPO. Violation of
a BPO shall be punishable by imprisonment of thirty (30) days without
prejudice to any other criminal or civil action that the offended party may
file for any of the acts committed..
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A judgment of violation of a BPO may be appealed according to Rules of

Court. During trial and upon judgment, the trial court may motu propio issue
a protection order as it deems necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall
constitute contempt’ of court punishable under Rule 71 of the Rules of Court,
without prejudice to any other criminal or civil action that the offended party
may file for any of the acts committed.
SEC. 22. Applicability of Protection Orders to Criminal Cases.– The

foregoing provisions on protection orders shall be applicable in criminal cases
and/or shall be included in the civil actions deemed impliedly instituted with
the criminal actions involving violence against women and their children.
SEC. 23. Bond to Keep the Peace. – The Court may order any person
against whom a protection order is issued to give a bond to keep the peace
to present two sufficient sureties who shall undertake that such person will
not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be

detained, for a period which shall in no case exceed six (6) months, if he
shall have been’ prosecuted for acts punishable under Section5(a) to 5(f) and
not exceeding thirty (30) days, if for acts punishable under Section 5(g) to
5(i).
The protection orders referred to in this section are the TPOs and the
PPOs issued only by the courts.
SEC. 24. Prescriptive Period. – Acts falling under Sections 5(a)to 5(t)
shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(i)
shall prescribe in ten (10) years.
SEC. 25. Public Crime. – Violence against women and their children
shall be considered a public offense which may be prosecuted upon the filing
of a complaint by any citizen having personal knowledge of the circumstances
involving the commission of the crime.
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SEC. 26. Battered Woman Syndrome as a Defense. – Victim survivors

who are found by the courts to be suffering from battered woman syndrome
do not incur any criminal and civil liability notwithstanding the absence of
any of the elements for justifying circumstances of self-defense under the
Revised Penal Code.
In the determination of the state of mind of the woman who was

suffering from battered woman syndrome at the time of the commission of the
crime, the courts shall be assisted by expert psychiatrists/psychologists.
SEC. 27. Prohibited Defense. – Being under the influence of alcohol,

any illicit drug, or any other mind-altering substance shall not be a defense
under this Act.
SEC. 28. Custody of Children. – The woman victim of violence shall

be entitled to the custody and support of her child/children. Children below
seven (7) years old or older but with mental or physical disabilities shall
automatically be given to the mother, with right to support, unless the court
finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be

disqualified from having custody of her children. In no case shall custody
of minor children be given to the perpetrator of a woman who is suffering
from Battered Woman Syndrome.
SEC. 29. Duties of Prosecutors/Court Personnel.– Prosecutors and court

personnel should observe the following duties when dealing with victims
under this Act:
a) communicate with the victim in a language understood by the woman

or her child; and
b) inform the victim of her/his rights including legal remedies available

and procedure, and privileges for indigent litigants.
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SEC. 30. Duties of Barangay Officials and Law Enforcers. – Barangay

officials and law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or

protection of the victim by entering the dwelling if necessary whether or not
a protection order has been issued and ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator

or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to

a clinic or hospital;
(d) assist the victim in removing personal belongings from the

house;
(e) assist the barangay officials and other government officers and
employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong
Barangay or by the courts;
(g) arrest the suspected perpetrator even without a warrant when any
of the acts of violence defined by this Act is occurring, or when he/she has
personal knowledge that any act of abuse has just been committed, and there
is imminent danger to the life or limb of the victim as defined in this Act;
and
(h) immediately report the call for assessment or assistance of the

DSWD, Social Welfare Department of LGUs or accredited non-government
organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident
shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or
whenever applicable criminal, civil or administrative liability.
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SEC. 31. Healthcare Provider Response to Abuse – Any health care

provider, including, but not limited to, an attending physician, nurse,
clinician, barangay health worker, therapist or counselor who suspects abuse
or has been informed by the victim of violence shall:
(a) properly document any of the victim’s physical, emotional or

psychological injuries;
(b) properly record any of victim’s suspicions, observations and

circumstances of the examination or visit;
(c) automatically provide the victim free of charge a medical certificate

concerning the examination or visit;
(d) safeguard the records and make them available to the victim upon
request at actual cost; and
(e) provide the victim immediate and adequate notice of rights and
remedies provided under this Act, and services available to them.
SEC. 32. Duties of Other Government Agencies and LGUs. – Other

government agencies and LGUs shall establish programs such as, but not
limited to, education and information campaign and seminars or symposia on
the nature, causes, incidence and consequences of such violence particularly
towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGUs

to ensure the sustained education and training of their officers and personnel
on the prevention of violence against women and their children under this
Act.
SEC. 33. Prohibited Acts.– A Punong Barangay, Barangay Kagawad

or the court hearing an application for a protection order shall not order,
direct, force or in any way unduly influence the applicant for a protection
order to compromise or abandon any of the reliefs sought in the application
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for protection order under this Act. Section 7 of the Family Courts Act of
1997 and Sections 410, 411, 412and 413 of the Local Government Code of
1991 shall not apply in proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the official or judge
administratively liable.
SEC. 34. Persons Intervening Exempt from Liability. – In every case

of violence against women and their children as herein defined, any person,
private individual or police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the victim, shall not
be liable for any criminal, civil or administrative liability resulting there
from.
SEC. 35. Rights of Victims. – In addition to their rights under existing

laws, victims of violence against women and their children shall have the
following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance from the PAO of the Department of

Justice (DOJ) or any public legal assistance office;
(c) to be entitled to support services from the DSWD and LGUs;
(d) to be entitled to all legal remedies and support as provided for

under the Family Code; and
(e) to be informed of their rights and the services available to them

including their right to apply for a protection order.
SEC. 36. Damages. – Any victim of violence under this Act shall be
entitled to actual, compensatory, moral and exemplary damages.
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SEC. 37. Hold Departure Order. – The court shall expedite the process
of issuance of a hold departure order in cases prosecuted under this Act.
SEC. 38. Exemption from Payment of Docket Fee and Other Expenses. –
If the victim is an indigent or there is an immediate necessity due to imminent
danger or threat of danger to act on an application for a protection order,
the court shall accept the application without payment of the filing fee and
other fees and of transcript of stenographic notes.
SEC. 39. Inter-Agency Council on Violence Against Women and Their

Children (IAC- VAWC). – In pursuance of the above mentioned policy,
there is hereby established an Inter-Agency Council on Violence Against
Women and their Children, hereinafter known as the Council, which shall
be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC)
(d) Commission on Human Rights (CHR);
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
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(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to

eliminate VAW based on their mandates as well as develop capability
programs for their employees to become more sensitive to the needs of their
clients. The Council will also serve as the monitoring body as regards VAW
initiatives.
The Council members may designate their duly authorized representative

who shall have a rank not lower that an assistant secretary or its equivalent.
These representatives shall attend Council meetings in their behalf, and shall
receive emoluments as may be determined by the Council in accordance
with existing budget and accounting rules and regulations.
SEC. 40. Mandatory Programs and Services for Victims. – The

DSWD, and LGUs shall provide the victims temporary shelters, provide
counseling, psycho-social services and/or, recovery, rehabilitation programs
and livelihood assistance.
The DOH shall provide medical assistance to victims.
SEC. 41. Counseling and Treatment of Offenders. – The DSWD shall

provide rehabilitative counseling and treatment to perpetrators towards
learning constructive ways of coping with anger and emotional outbursts
and reforming their ways. When necessary, the offender shall be ordered by
the Court to submit to psychiatric treatment or confinement.
SEC. 42. Training of Persons Involved in Responding to Violence Against

Women and their Children Cases. – All agencies involved in responding to
violence against women and their children cases shall be required to undergo
education and training to acquaint them with:
a. the nature, extent and causes of violence against women and their
children;
384
b. the legal rights of, and remedies available to, victims of violence
against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer
protection and assistance; and
e. techniques for handling incidents of violence against women and their

children that minimize the likelihood of injury to the officer and promote
the safety of the victim or survivor.
The PNP, in coordination with LGUs, shall establish an education and

training program for police officers and barangay officials to enable them
to properly handle cases of violence against women and their children.
SEC. 43. Entitlement to Leave. – Victims under this Act shall be entitled
to take a paid leave of absence up to ten (10) days in addition to other paid
leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this
section shall be penalized in accordance with the provisions of the Labor
Code and Civil Service Rules and Regulations. Likewise, an employer who
shall prejudice any person for assisting a co-employee who is a victim under
this Act shall likewise be liable for discrimination.
SEC. 44. Confidentiality. – All records pertaining to cases of violence

against women and their children including those in the barangay shall be
confidential and all public officers and employees and public or private
clinics or hospitals shall respect the right to privacy of the victim. Whoever
publishes or causes to be published, in any format, the name, address,
telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter’s
consent, shall be liable to the contempt power of the court.
385
Any person who violates this provision shall suffer the penalty of one
(1) year imprisonment and a fine of not more than Five Hundred Thousand
Pesos (P500,000.00).
SEC. 45. Funding. – The amount necessary to implement the provisions

of this Act shall be included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and
LGUs shall be used to implement services for victim of violence against
women and their children.
SEC. 46. Implementing Rules and Regulations. – Within six (6)months

from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG,
the DOH, and the PNP, and three (3) representatives from NGOs to be
identified by the NCRFW, shall promulgate the Implementing Rules and
Regulations (IRR) of this Act.
SEC. 47. Suppletory Application. – For purposes of this Act, the Revised
Penal Code and other applicable laws, shall have suppletory application.
SEC. 48. Separability Clause. – If any section or provision of this Act

is held unconstitutional or invalid, the other sections or provisions shall not
be affected.

orders and rules and regulations, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or
SEC. 50. Effectivity. – This Act shall take effect fifteen (15) days from
the date of its complete publication in at least two (2) newspapers of general
circulation.
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Approved,
JOSE DE VENECIA, JR. FRANKLIN M. DRILON

of Representatives
This Act which is consolidation of Senate Bill No. 2723 and House
Bill Nos. 5516 and 6054, was finally passed by the Senate and the House of
Representatives on January 29, 2004 and February 2, 2004 and February 2,
2004 respectively.
ROBERTO P. NAZARENO OSCAR G. TABES

387
S. No. 2707
H.No. 6625

Metro Manila
Twelfth Congress
thousand three.
——■——
AN ACT PROMULGATING A COMPREHENSIVE POLICY AND

A NATIONAL AND A NATIONAL SYSTEM FOR ENSURING
NEWBORN SCREENING
Be it enacted by the Senate and the House of Representatives of The

Philippines in Congress assembled:
ARTICLE 1
GENERAL PROVISIONS
SECTION 1. Short Title – This Act shall be known as the “Newborn

Screening Act of 2004.”
SEC. 2. Declaration of Policy. – It is the policy of the State to protect

and promote the right to health of the people, including the rights of children
388
to survival and full and healthy development as normal individuals. In

pursuit of such policy, the State shall institutionalize a national newborn
screening system that is comprehensive, integrative and sustainable, and will
facilitate collaboration among government and non-government agencies at
the national and local levels, the private sector, families and communities,
professional health organizations. The National Newborn Screening System
shall ensure that every baby born in the Philippines is offered the opportunity
to undergo newborn screening and thus be spared from heritable conditions
that can lead to mental retardation and death if undetected and untreated.
SEC. 3. Objectives – The objectives of the National Newborn Screening

System are:
1) To ensure that every newborn has access to newborn screening for

certain heritable conditions that can result in mental retardation, serious
health complications or death if left undetected and untreated;
2) To establish and integrate a sustainable newborn screening system

within the public health delivery system;
3) To ensure that all health practitioners are aware of the advantages

of newborn screening and of their respective responsibilities in offering
newborns the opportunity to undergo newborn screening; and
4) To ensure that parents recognize their responsibility in promoting

their child’s right to health and full development, within the context of
responsible parenthood, by protecting their child from preventable causes
of disability and death through newborn screening.
ARTICLE 2
DEFINITION OF TERMS
SEC. 4. Definitions. – Under this Act, the following terms shall have
the meanings respectively given to them below:
389
1) Comprehensive Newborn Screening System means a newborn

screening system that includes, but is not limited to, education of relevant
stakeholders; collection of biochemical screening of blood samples taken
from newborns; tracking and confirmatory testing to ensure the accuracy of
screening results; clinical evaluation and biochemical/medical confirmation
of test results; drugs and medical/surgical management and dietary
supplementation to address the heritable conditions; and evaluation activities
to access long term outcome, patient compliance and quality assurance.
2) Follow-up means the monitoring of a newborn with a heritable

condition for the purpose of ensuring that the newborn patient complies
fully with the medicine or dietary prescriptions.
3) Health institutions mean hospitals, health infirmaries, health centers,

lying-in centers or puericulture centers with obstetrical and pediatric services,
weather public or private.
4) Healthcare practitioner means physicians, nurses, midwives, nursing

aides and traditional birth attendants.
5) Heritable condition means any condition that can result in mental

retardation, physical deformity or death if left undetected and untreated and
which is usually inherited from the genes of either or both biological parents
of the newborn.
6) NIH means the National Institute of Health
7) Newborn means a child from the time of complete delivery to 30

days old.
8) Newborn Screening means the process of collecting a few drops of

blood from the newborn onto an appropriate collection card and performing
biochemical testing for determining if the newborn has a heritable
condition.
9) Newborn Screening Center means a facility equipped with a

newborn screening laboratory that complies with the standards established
390
by the NIH and provides all required laboratory tests and recall/follow-up
programs for newborns with heritable conditions.
10) Newborn Screening Reference Center means the central facility at

the NIH that defines testing and follow-up protocols, maintains an external
laboratory proficiency testing program, oversees the national testing database
and case registries, assist in training activities in all aspects of the program,
oversees content of educational materials and acts as the Secretariat of the
Advisory Committee on Newborn Screening.
11) Parent education means the various means of providing parents

or legal guardians information about newborn screening.
12) Recall means a procedure for locating a newborn with a possible

heritage condition for purposes of providing the newborn with appropriate
laboratory testing to confirm the diagnosis and, as appropriate, provide
treatment.
13) Treatment means the provision of prompt, appropriate and

adequate medicine, medical and surgical management or dietary prescription
to a newborn for purposes of treating or mitigating the adverse health
consequences of the heritable condition.
ARTICLE 3
NEWBORN SCREENING
SEC. 5. Obligation to Inform. – Any health practitioner who delivers, or

assists in the delivery, of a newborn in the Philippines shall, prior to delivery,
inform the parents or legal guardian of the newborn of the availability, nature
of benefits of newborn screening. Appropriate notification and education
regarding this obligation shall be the responsibility of the Department of
Health (DOH).
SEC. 6. Performance of Newborn Screening. – Newborn screening

shall be performed after twenty-four (24) hours of life but not later than
391
three (3) days from complete delivery of the newborn. A newborn that
must be placed in intensive care in order to ensure survival may be days of
age. It shall be joint responsibility of the parent(s) and the practitioner or
other person delivering the newborn to ensure that newborn screening is
performed. An appropriate informational brochure for parents to assist in
fulfilling this responsibility shall be made available by the Department of
Health and shall be distributed to all health institutions and made available
to any health practitioner requesting it for appropriate distribution.
SEC. 7. Refusal to be Tested. – A parent or legal guardian may refuse

testing on the grounds of religious beliefs, but shall acknowledge in writing
their understanding that refusal for testing places their newborn at risk for
undiagnosed heritable conditions. A copy of this refusal documentation shall
be made part of the newborn’s medical record and refusal shall be indicated
in the national newborn screening database.
SEC. 8. Continuing Education, Re-education and Training of Health

Personnel. – The DOH, with the assistance of the NIH and other government
agencies, professional societies and non-government organizations, shall:
(i) conduct continuing information, education, re-education and training
programs for health personnel on the rationale, benefits, procedures of
newborn screening; and (ii) disseminate information materials on newborn
screening at least annually to all health personnel involved in material and
pediatric care.
SEC. 9. Licensing and Accreditation. – The DOH and the Philippine

Health Insurance Corporation (PHIC) shall require health institutions
to provide newborn screening services as a condition for licensure or
accreditation.
ARTICLE 4
IMPLEMENTATION
SEC. 10. Lead Agency. – The DOH shall be the lead agency in
implementing this Act. For purposes of achieving the objectives of this Act,
the DOH shall:
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1) Establish the Advisory Committee on Newborn Screening;
2) Develop the implementing rules and regulations for the immediate

implementation of a nationwide newborn screening program within one
hundred eighty (180) days from the enactment of this Act;
3) Coordinate with the Department of the Interior and Local Government

(DILG) for implementation of the newborn screening program;
4) Coordinate with the NIH Newborn Screening Reference Center for

the accreditation of Newborn Screening Centers and preparation of defined
testing protocols and quality assurance programs.
SEC. 11. Advisory Committee on Newborn Screening. – To ensure

sustained inter-agency collaboration, the Advisory Committee on Newborn
Screening is hereby created and made an integral part of the Office of the
Secretary of the DOH. The committee shall review annually and recommend
conditions to be included in the newborn screening panel of disorders; review
and recommend the newborn screening fee to be charged by the Newborn
Screening Centers; review the report of the Newborn Screening Reference
Center on the quality assurance of the Newborn Screening Centers and
recommend corrective measures as deemed necessary.
The Committee shall be composed of eight (8) members, including the

Secretary of Health who shall act us Chairperson. The other members of the
Committee shall be as follows: (i) the Executive Director of the NIH, who
shall act as Vice Chairperson; (ii) an Undersecretary of the DILG; (iii) the
Executive Director of the Council for the Welfare of Children (iv) the Director
of the Newborn Screening Reference Center; and (v) three (3) representatives
appointed by the Secretary of Health who shall be a pediatrician, obstetrician,
endocrinologist, family physician, nurse or midwife, from either the public
or private sector. The three (3) representatives shall be appointed for a term
of three (3) years, subject to their being reappointed for additional three (3)
year periods for each extension.
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The Committee shall meet at least twice a year. The NIH shall serve
as the Secretariat of the Committee.
SEC. 12. Establishment and Accreditation of Newborn Screening

Centers. – The DOH shall ensure that Newborn Screening Centers are
strategically located in order to be accessible to the relevant public and
provide services that comply with the standards approved by the committee
upon the recommendation of the NIH. No Newborn Screening Center shall
be allowed to operate unless it has been duly accredited by the DOH based
on the standards set forth by the Committee. At a minimum, every Newborn
Screening Center shall: (i) have a certified laboratory performing all tests
included in the newborn screening program, (ii) have a recall/follow up
programs for infants found positive of any and all of the heritable conditions;
(iii) be supervised and staffed by trained personnel who have been duly
qualified by the NIH; and (iv) submit to periodic announced or unannounced
inspections by the Reference Center in order to evaluate and ensure quality
Newborn Screening Center performance.
SEC. 13. Establishment of a Newborn Screening Reference Center.

– The NIH shall establish a Newborn Screening Reference Center, which
shall be responsible for the national testing database and case registries,
training, technical assistance and continuing education for laboratory staff
in all Newborn Screening Centers.
SEC. 14. Quality Assurance. – The NIH Newborn Screening Reference

Center shall be responsible for drafting and ensuring good laboratory practice
standards for newborn screening centers, including establishing an external
laboratory proficiency testing and certification program. It shall also act as the
principal repository of technical information relating to newborn screening
standards and practices, and shall provide technical assistance to newborn
screening centers needing such assistance.
SEC. 15. Database. – All Newborn Screening Centers shall coordinate

with the NIH Newborn Screening Reference Center for consolidation of
patient databases. The NIH Newborn Screening Reference Center shall
maintain a national database of patients tested and a registry for each
394
condition. It shall submit reports annually to the Committee and to the DOH
on the status of and relevant health information derived from the database.
A plan for long-term outcome evaluation of newborn screening utilizing the
cases registries shall be developed within one (1) year of passage of this
Act by the NIH Newborn Screening Reference Center in consultation with
the Advisory Committee on Newborn Screening. Implementation of this
plan shall become a responsibility of the Advisory Committee on Newborn
Screening.
SEC. 16. Newborn Screening Fees. – The PHIC shall include cost of
newborn screening in its benefits package. The newborn screening fee shall
be applied to, among others, testing costs, education, sample transport,
follow-up and reasonable overhead expenses.
To ensure sustainability of the National System for Newborn Screening,

the newborn screening fee shall be divided and set aside for the following
purposes: at least four percent (4%) to the DOH’s Centers for Health
Development or its future equivalent to be spent solely for follow-up
services, education and other activities directly related to the provision of
newborn screening services; at least four percent (4%) to the NIH Newborn
Screening Reference Centers for human resource development and equipment
maintenance and upgrading; at least four percent (4%) to the NIH Newborn
Screening Reference Center for overall supervision, training and continuing
education, maintenance of national database, quality assurance program and
monitoring of the national program; and the balance for the operational and
other expenses of the Newborn Screening Center.
ARTICLE 5
FINAL PROVISIONS
SEC. 17. Repealing Clause. – All general and special laws, decrees,
executive orders, proclamations and administrative regulations, or any parts
thereof, which are inconsistent with this Act are hereby repealed or modified
accordingly.
395
SEC. 18. Separability. – If, for any reason or reasons, any part of
provisions of this Act shall be declared or held to be unconstitutional or
invalid, other provision or provisions hereof which are not affected thereby
shall continue to be in full force and effect.
its publication in at least two (2) newspapers of general circulation
Approved,

of Representatives
This Act which is consolidation of S. No. 2707 and H. No. 6625 was
finally passed by the Senate and the House of Representatives on February
2, 2004 and February 5, 2004 respectively.

396
S. No. 1402
H. No. 5065

Metro Manila
Fourteenth Congress
two thousand five.
——■——
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE

AND WELFARE SYSTEM, CREATING THE JUVENlLE JUSTICE
AND WELFARE COUNCIL UNDER THE DEPARTMENT OF
JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

SECTION 1. Short Title and Scope. – This Act shall be known as the
“Juvenile Justice and Welfare Act of 2006.” It shall cover the different
stages involving children at risk and children in conflict with the law from
prevention to rehabilitation and reintegration.
SEC. 2. Declaration of State Policy. – The following State policies

shall be observed at all times:
397
(a) 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. It shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in public and civic
affairs.
(b) The State shall protect the best interests of the child through
measures that will ensure the observance of international standards of child
protection, especially those to which the Philippines is a party. Proceedings
before any authority shall be conducted in the best interest of the child and in
a manner which allows the child to participate and to express himself/herself
freely. The participation of children in the program and policy formulation
and implementation related to juvenile justice and welfare shall be ensured
by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance,

including proper care and nutrition, and special protection from all forms
of neglect, abuse, cruelty and exploitation, and other conditions prejudicial
to their development.
(d) Pursuant to Article 10 of the United Nations Convention on the

Rights of the Child, the State recognizes the right of every child alleged as,
accused of adjudged, or recognized as, having infringed the penal law to
be treated in a manner consistent with the promotion of the child’s sense
of dignity and worth, taking into account the child’s age and desirability
of promoting his/her reintegration. ‘Whenever appropriate and desirable,
the State shall adopt measures for dealing with such children without
resorting to judicial proceedings, providing that human rights and legal
safeguards are fully respected. It shall ensure that children are dealt with in
a manner appropriate to their well-being by providing for, among others,
a variety of disposition measures such as care, guidance and supervision
orders, counseling, probation, foster care, education and vocational training
programs and other alternatives to institutional care.
(e) The administration of the juvenile justice and welfare system shall
take into consideration the cultural and religious perspectives of the Filipino
398
people particularly the indigenous peoples and the Muslims, consistent with
the protection of the rights of children belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its
laws, policies and programs applicable to children in conflict with the law.
SEC. 3. Liberal Construction of this Act. – In case of doubt, the

interpretation of any of the provisions of this Act, including its implementing
rules and regulations (IRRs), shall be construed liberally in favor of the child
in conflict with the law.
SEC. 4. Definition of Terms. – The following terms as used in this Act

shall be defined as follows:
(a) “Bail” refers to the security given for the release of the person in
custody of the law, furnished by him/her or a bondsman, to guarantee his/
her appearance before any court. Bail may be given in the form of corporate
security, property bond, cash deposit. or recognizance.
(b) “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.
(c) “Child” refers to a person under the age of eighteen (18) years.
(d) “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;
399
(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 a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse;

and
(9) living in situations of armed conflict.
(e) “Child in Conflict with the Law” refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under Philippine
laws,
(f) “Community-based Programs” refers to the programs provided in a

community setting developed for purposes of intervention and diversion, as
well as rehabilitation of the child in conflict with the law, for reintegration
into his/her family and/or community.
(g) “Court” refers to a family court or, in places where there are no
family courts, any regional trial court.
(h) “Deprivation of Liberty” refers to any form of detention or

imprisonment, or to the placement of a child in conflict with the law in a
public or private custodial setting, from which the child in conflict with the
law is not permitted to leave at will by order of any judicial or administrative
authority.
400
(i) “Diversion” refers to an alternative, child-appropriate process of

determining the responsibility and treatment of a child in conflict with
the law on the basis of his/her social, without resorting to formal court
proceedings.
(j) “Diversion Program” refers to the program that the child in conflict
with the law is required to undergo after he/she is found responsible for an
offense without resorting to formal court proceedings.
(k) “Initial Contact With the Child” refers to the apprehension or

taking into custody of a child in conflict with the law by law enforcement
officers or private citizens. It includes the time when the child alleged to be
in conflict with the law receives a subpoena under Section 3(b) of Rule 112
of the Revised Rules of Criminal Procedure or summons under Section 6(a)
or Section 9(b) of the same Rule in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to be
in conflict with the law under immediate custody.
(1) “Intervention” refers to a series of activities which are designed to

address issues that caused the child to commit an offense. It may take the
form of an individualized treatment program which may include counseling,
skills training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.
(m) “Juvenile Justice and Welfare System” refers to a system dealing

with children at risk and children in conflict with the law, which provides
child-appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and aftercare to ensure
their normal growth and development.
(n) “Law Enforcement Officer” refers to the person in authority or his/

her agent as defined in Article 152 of the Revised Penal Code, including a
barangay tanod.
(o) “Offense” refers to any act or omission whether punishable under

special laws or the Revised Penal Code. As amended.
401
(p) “Recognizance” refers to an undertaking in lieu of a bond assumed

by a parent or custodian who shall be responsible for the appearance in court
of the child in conflict with the law, when required.
(q) “Restorative Justice” refers to a principle which requires a process of

resolving conflicts with the maximum involvement of the victim, the offender
and the community. It seeks to obtain reparation for the victim; reconciliation
of the offender, the offended and the community; and reassurance to the
offender that he/she can be reintegrated into society. It also enhances public
safety by activating the offender, the victim and the community in prevention
strategies.
(r) “Status Offenses” refers to offenses which discriminate only against

a child, while an adult does not suffer any penalty for committing similar
acts. These shall include curfew violations, truancy, parental disobedience
and the like.
(s) “Youth Detention Home” refers to a 24-hour child caring institution

managed by accredited local government units (LGUs) and licensed and/
or accredited non-government organizations (NGOs) providing short-term
residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.
(t) “Youth Rehabilitation Center” refers to a 24-hour residential care

facility managed by the Department of Social Welfare and Development
(DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD,
which provides care, treatment and rehabilitation services for children in
conflict with the law. Rehabilitation services are provided under the guidance
of a trained staff where residents are cared for under a structured therapeutic
environment with the end view of reintegrating them into their families
and communities as socially functioning individuals. Physical mobility of
residents of said centers may be restricted pending court disposition of the
charges against them.
(u) ‘Victimless Crimes” refers to offenses where there is no private

offended party.
402
CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE

JUSTICE AND WELFARE
SEC. 5. Rights of the Child in Conflict with the Law.– Every child in
conflict with the law shall have the following rights, including but not limited
to:
(a) the right not to be subjected to torture or other cruel, inhuman or

degrading treatment or punishment;
(b) the right not to be imposed a sentence of capital punishment or life

imprisonment, without the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her

liberty; detention or imprisonment being a disposition of last resort, and
which shall be for the shortest appropriate period of time;
(d) the right to be treated with humanity and respect for the inherent
dignity of the person, and in a manner which takes into account the needs
of a person of his/her age. In particular, a child deprived of liberty shall
be separated from adult offenders at all times. No child shall be detained
together with adult offenders. He/She shall be conveyed separately to or from
court. He/She shall await hearing of his/her own case in a separate holding
area. A child in conflict with the law shall have the right to maintain contact
with his/her family through correspondence and visits, save in exceptional
circumstances;
(e) the right to prompt access to legal and other appropriate assistance, as
well as the right to challenge the legality of the deprivation of his/her liberty
before a court or other competent, independent and impartial authority, and
to a prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;
403
(g) the right to testify as a witness in his/her own behalf under the rule
on examination of a child witness;
(h) the right to have his/her privacy respected fully at all stages of the
proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of

the same;
(j) the right to be imposed a judgment in proportion to the gravity of

the offense where his/her best interest, the rights of the victim and the needs
of society are all taken into
consideration by the court, under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to

the minimum, and where discretion is given by law to the judge to determine
whether to impose fine or imprisonment, the imposition of fine being
preferred as the more appropriate penalty;
(l) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified

under the Probation Law;
(n) the right to be free from liability for perjury, concealment or

misrepresentation; and
(o) other rights as provided for under existing laws, rules and
regulations.
The State further adopts the provisions of the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice or “Beijing Rules”,
United Nations Guidelines for the Prevention of Juvenile Delinquency or
the “Riyadh Guidelines”, and the United Nations Rules for the Protection
of Juveniles Deprived of Liberty.
404
SEC. 6. Minimum Age of Criminal Responsibility – A child fifteen (15)

years of age or under at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18)years of age shall
likewise be exempt from criminal liability and be subjected to an intervention
program, unless he/she has acted with discernment, in which case, such child
shall be subjected to the appropriate proceedings in accordance with this
Act.
The exemption from criminal liability herein established does not

include exemption from civil liability, which shall been forced in accordance
with’ existing laws.
SEC. 7. Determination of Age. – The child in conflict with the law

shall enjoy the presumption of minority. He/She shall enjoy all the rights
of a child in conflict with the law until he/she is proven to be eighteen (18)
years old or older. The age of a child may be determined from the child’s
birth certificate, baptismal certificate or any other pertinent documents. In
the absence of these documents, age may be based on information from the
child himself/herself, testimonies of other persons, the physical appearance
of the child and other relevant evidence. In case of doubt as to the age of
the child, it shall be resolved in his/her favor. .
Any person contesting the age of the child in conflict with the law prior
to the filing of the information in any appropriate court may file a case in a
summary proceeding for the determination of age before the Family Court
which shall decide the case within twenty-four (24) hours from receipt of
the appropriate pleadings of all interested parties.
If a case has been filed against the child in conflict with the law
and is pending in the appropriate court, the person shall file a motion to
determine the age of the child in the same court where the case is pending.
Pending hearing on the said motion, proceedings on the main case shall be
suspended.
405
In all proceedings, law enforcement officers, prosecutors, judges and

other government officials concerned shall exert all efforts at determining
the age of the child in conflict with the law.
TITLE II
STRUCTURES IN THE ADMINISTRATION OF

JUVENILE JUSTICE AND WELFARE
SEC. 8. Juvenile Justice and Welfare Council (JJWC). – A Juvenile

Justice and Welfare Council (JJWC) is hereby created and attached to the
Department of Justice and placed under its administrative supervision. The
JJWC shall be chaired by an undersecretary of the Department of Social
Welfare and Development. It shall ensure the effective implementation of
this Act and coordination among the following agencies:
(a) Council for the Welfare of Children (CWC):
(b) Department of Education (DepEd);
(c) Department of the Interior and Local Government (DILG);
(d) Public Attorney’s Office (PAO);
(e) Bureau of Corrections (BUCOR):
(f) Parole and Probation Administration (PPA);
(g) National Bureau of Investigation (NBI):
(h) Philippine National Police (PNP);
(i) Bureau of Jail Management and Penology (BJMP);
(j) Commission on Human Rights (CHR);
406
(k) Technical Education and Skills Development Authority

(TESDA);
(l) National Youth Commission (NYC);and
(m) Other institutions focused on juvenile justice and intervention

programs.
The JJWC shall be composed of representatives, whose ranks shall

not be lower than director, to be designated by the concerned heads of the
following departments or agencies:
(a) Department of Justice (DOJ);
(b) Department of Social Welfare and Development (DSWD);
(c) Council for the Welfare of Children (CWC);
(d) Department of Education (DepEd);
(e) Department of the Interior and Local Government (DILG);
(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and
(h) Two (2) representatives from NGOs, one to be designated by the

Secretary of Justice and the other to be designated by the Secretary of Social
Welfare and Development.
The JJWC shall convene within fifteen (15) days from the effectivity
of this Act. The Secretary of Justice and the Secretary of Social Welfare
and Development shall determine the organizational structure and staffing
pattern of the JJWC.
407
The JJWC shall coordinate with the Office of the Court Administrator
and the Philippine Judicial Academy to ensure the realization of its mandate
and the proper discharge of its duties and functions, as herein provided.
SEC. 9. Duties and Functions of the JJWC. – The JJWC shall have the
following duties and functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile
justice and welfare;
(c) To assist the concerned agencies in the review and redrafting of

existing policies/regulations or in the formulation of new ones in line with
the provisions of this Act;
(d) To periodically develop a comprehensive 3 to 5-year national

juvenile intervention program, with the participation of government agencies
concerned, NGOs and youth organizations;
(e) To coordinate the implementation of the juvenile intervention

programs and activities by national government agencies and other activities
which may have an important bearing on the success of the entire national
juvenile intervention program. All programs relating to juvenile justice and
welfare shall be adopted in consultation with the JJWC;
(f) To formulate and recommend policies and strategies in consultation

with children for the prevention of juvenile delinquency and the administration
of justice, as well as for
the treatment and rehabilitation of the children in conflict with the law;
(g) To collect relevant information and conduct continuing research and

support evaluations and studies on all matters relating to juvenile justice and
welfare, such as but not limited to:
408
(1) the performance and results achieved by juvenile intervention

programs and by activities of the local government units and other
government agencies:
(2) the periodic trends, problems and causes of juvenile delinquency

and crimes; and
(3) the particular needs of children in conflict with the law in

custody.
The data gathered shall be used by the JJWC in the improvement of

the administration of juvenile justice and welfare system.
The JJWC shall set up a mechanism to ensure that children are involved
in research and policy development.
(h) Through duly designated persons and with the assistance of the
agencies provided in the preceding section to conduct regular inspections
in detention and rehabilitation facilities and to undertake spot inspections
on their own initiative in order to check compliance with the standards
provided herein and to make the necessary recommendations to appropriate
agencies;
(i) To initiate and coordinate the conduct of training sfor the personnel
of the agencies involved in the administration of the juvenile justice and
welfare system and the juvenile intervention program;
(j) To submit an annual report to the President on the implementation

of this Act; and
(k) To perform such other functions as may be necessary to implement

the provisions of this Act.
SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. –

All government agencies enumerated in Section shall, with the assistance
of the JJWC and within one (1) year from the effectivity of this Act, draft
409
policies and procedures consistent with the standards set in the law. These
policies and procedures shall be modified accordingly in consultation with
the JJWC upon the completion of the national juvenile intervention program
as provided under Section 9 (d).
SEC. 11. Child Rights Center (CRC). – The existing Child Rights Center
of the Commission on Human Rights shall ensure that the status, rights and
interests of children are upheld in accordance with the Constitution and
international instruments on human rights. The CHR shall strengthen the
monitoring of government compliance of all treaty obligations including the
timely and regular submission of reports before the treaty bodies. as well as
the implementation and dissemination of recommendations and conclusions
by government agencies as well as NGOs and civil society.
TITLE III
PREVENTION OF JUVENILE DELINQUENCY
CHAPTER I
THE ROLE OF THE DIFFERENT SECTORS
SEC. 12. The Family. – The family shall be responsible for the primary
nurturing and rearing of children which is critical in delinquency prevention.
As far as practicable and in accordance with the procedures of this Act, a
child in conflict with the law shall be maintained in his/her family.
SEC. 13. The Educational System. – Educational institutions shall

work together with families, community organizations and agencies in the
prevention of juvenile delinquency and in the rehabilitation and reintegration
of children conflict with the law. Schools shall provide adequate necessary
and individualized educational schemes for children manifesting difficult
behavior and children in conflict with the law. In cases where children in
conflict with the law are taken into custody or detained in rehabilitation
centers, they should be provided the opportunity to continue learning under
an alternative learning system with basic literacy program or non-formal
education accreditation equivalency system.
410
SEC. 14. The Role of the MassMedia. – The mass media shall play
an active role in the promotion of child rights, and delinquency prevention
by relaying consistent messages through a balanced approach. Media
practitioners shall, therefore, have the duty to maintain the highest critical
and professional standards in reporting and covering cases of children in
conflict with the law. In all publicity concerning children, the best interest
of the child should be the primordial and paramount concern. Any undue,
inappropriate and sensationalized publicity of any case involving a child in
conflict with the law is hereby declared a violation of the child’s rights.
SEC. 15. Establishment and Strengthening of Local Councils for the

Protection of Children. – Local Councils for the Protection of Children
(LCPC) shall be established in all levels of local government, and where
they have already been established, they shall be strengthened within one
(1) year from the effectivity of this Act. Membership in the LCPC shall be
chosen from among the responsible members of the community, including
a representative from the youth sector, as well as representatives from
government and private agencies concerned with the welfare of children.
The local council shall serve as the primary agency to coordinate with
and assist the LGD concerned for the adoption of a comprehensive plan on
delinquency prevention, and to oversee its proper implementation.
One percent (1%) of the internal revenue allotment of barangays,

municipalities and cities shall be allocated for the strengthening and
implementation of the programs of the LCPC: Provided, That the
disbursement of the fund shall be made by the LGU concerned.
SEC. 16. Appointment of Local Social Welfare and Development OfJicer.

-–All LGUs shall appoint a duly licensed social worker as its local social
welfare and development officer tasked to assist children in conflict with
the law.
SEC. 17. The Sangguniang Kabataan. – The Sangguniang Kabataan

(SK) shall coordinate with the LCPC in the formulation and implementation
of juvenile intervention and diversion programs in the community.
411
CHAPTER 2
COMPREHENSIVE JUVENILE
INTERVENTION PROGRAM
SEC. 18. Development of a Comprehensive Juvenile Intervention

Program. – A comprehensive juvenile intervention program covering at
least a 3-year period shall be instituted in LGUs from the barangay to the
provincial level.
The LGUs shall set aside an amount necessary to implement their

respective juvenile intervention programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors
concerned, particularly the child-focused institutions, NGOs, people’s
organizations, educational institutions and government agencies involved
in delinquency prevention to participate in the planning process and
implementation of juvenile intervention programs. Such programs shall
be implemented consistent with the national program formulated and
designed by the JJWC. The implementation of the comprehensive juvenile
intervention program shall be reviewed and assessed annually by the LGUs
in coordination with the LCPC. Results of the assessment shall be submitted
by the provincial and city governments to the JJWC not later than March 30
of every year.
SEC. 19. Community-based Programs on Juvenile Justice and Welfare.

– Community-based programs on juvenile justice and welfare shall be
instituted by the LGUs through the LCPC, school, youth organizations and
other concerned agencies. The LGUs shall provide community-based services
which respond to the special needs, problems, interests and concerns of
children and which offer appropriate counseling and guidance to them and
their families. These programs shall consist of three levels:
(a) Primary intervention includes general measures to promote social

justice and equal opportunity, which tackle perceived root causes of
offending;
412
(b) Secondary intervention includes measures to assist children at risk;

and
(c) Tertiary intervention includes measures to avoid unnecessary contact

with the formal justice system and other measures to prevent re-offending.
TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF

CRIMINAL RESPONSIBILITY
SEC. 20. Children Below the Age of Criminal Responsibility.– If it

has been determined that the child taken into custody is fifteen (15) years
old or below, the authority which will have an initial contact with the child
has the duty to immediately release the child to the custody of his/her
parents or guardian, or in the absence thereof, the child’s nearest relative.
Said authority shall give notice to the local social welfare and development
officer who will determine the appropriate programs in consultation with
the child and to the person having custody over the child. If the parents,
guardians or nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following: a duly registered
nongovernmental or religious organization; a barangay official or a member
of the Barangay Council for the Protection of Children (BCPC); a local
social welfare and development officer; or, when and where appropriate, the
DSWD. If the child referred to herein has been found by the Local Social
Welfare and Development Office to be abandoned, neglected or abused by his
parents, or in the event that the parents will not comply with the prevention
program, the proper petition for involuntary commitment shall be filed by
the DSWD or the Local Social Welfare and Development Office pursuant
to Presidential Decree No. 603 otherwise known as “The Child and Youth
Welfare Code”.
413
TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER 1
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. – From the
moment a child is taken into custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she
can understand why he/she is being placed under custody and the offense
that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child
of his/her constitutional rights in a language or dialect understood by him/
her;
(c) Properly identify himself/herself and present proper identification

to the child;
(d) Refrain from using vulgar or profane words and from sexually
harassing or abusing, or making sexual advances on the child in conflict
with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other

instruments of force or restraint, unless absolutely necessary and only after
all other methods of control have been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater
restraint than is necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section7 of this Act;
414
(i) Immediately but not later than eight (8) hours after apprehension,
turn over custody of the child to the Social Welfare and Development Office
or other accredited NGOs, and notify the child’s parents/guardians and
Public Attorney’s Office of the child’s apprehension, The social welfare
and development officer shall explain to the child and the child’s parents/
guardians the consequences of the child’s act with a view towards counseling
and rehabilitation, diversion from the criminal justice system, and reparation,
if appropriate;
(j) Take the child immediately to the proper medical and health officer
for a thorough physical and mental examination. The examination results
shall be kept confidential unless otherwise ordered by the Family Court.
Whenever the medical treatment is required, steps shall be immediately
undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law
be necessary, the child shall be secured in quarters separate from that of the
opposite sex and adult offenders;
(l) Record the following in the initial investigation:
(1) Whether handcuffs or other instruments of restraint were used, and

if so, the reason for such;
(2) That the parents or guardian of a child, the DSWD, and the PAO
have been duly informed of the apprehension and the details thereof; and .
(3) The exhaustion of measures to determine the age of a child and

the precise details of the physical and medical examination or the failure to
submit a child to such examination; and
(m) Ensure that all statements signed by the child during investigation
shall be witnessed by the child’s parents or guardian, social worker, or
legal counsel in attendance who shall affix his/her signature to the said
statement.
415
A child in conflict with the law shall only be searched by a law

enforcement officer of the same gender and shall not be locked up in a
detention cell.
SEC. 22. Duties During Initial Investigation. – The law enforcement

officer shall, in his/her investigation, determine where the case involving
the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the

presence of the following: (1) child’s counsel of choice or in the absence
thereof, a lawyer from the Public Attorney’s Office; (2) the child’s parents,
guardian, or nearest relative, as the case may be; and (3) the local social
welfare and development officer. In the absence of the child’s parents,
guardian, or nearest relative, and the local social welfare and development
officer, the investigation shall be conducted in the presence of a representative
of an NGO, religious group, or member of the BCPC .
After the initial investigation, the local social worker conducting the
same may do either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15)

years or below or above fifteen (15) but below eighteen (18) years old, who
acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18)
and who acted with discernment, proceed to diversion under the following
chapter.
CHAPTER 2
DIVERSION
SEC. 23. System of Diversion. – Children in conflict with the law shall
undergo diversion programs without undergoing court proceedings subject
to the conditions herein provided:
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(a) Where the imposable penalty for the crime committed is not more
than six (6) years imprisonment, the law enforcement officer or Punong
Barangay with the assistance of the local social welfare and development
officer or other members of the LCPC shall conduct mediation, family
conferencing and conciliation and, where appropriate, adopt indigenous
modes of conflict resolution in accordance with the best interest of the child
with a view to accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family shall be
present in these activities.
(b) In victimless crimes where the imposable penalty is not more than
six. (6) years· imprisonment,· the local social welfare and development
officer shall meet with the child and his/her parents or guardians for the
development of the appropriate diversion and rehabilitation program, in
coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six
(6) years imprisonment, diversion measures may be resorted· to only by the
court.
SEC. 24. Stages Where Diversion May be Conducted. – Diversion may

be conducted at the Katarungang Pambarangay, the police investigation or
the inquest or preliminary investigation stage and at all levels and phases
of the proceedings including judicial level.
SEC. 25. Conferencing, Mediation and Concilliation. – A child in

conflict with law may undergo conferencing, mediation or conciliation
outside the criminal justice system or prior to his entry into said system.
A contract of diversion may be entered into during such conferencing,
mediation or conciliation proceedings.
SEC. 26. Contract of Diversion. – If during the conferencing, mediation

or conciliation, the child voluntarily admits the commission of the act, a
diversion program shall be developed when appropriate and desirable as
determined under Section 30. Such admission shall not be used against the
child in any subsequent judicial, quasi-judicial or administrative proceedings.
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The diversion program shall be effective and binding if accepted by the

parties concerned. The acceptance shall be in writing and signed by the
parties concerned and the appropriate authorities. The local social welfare
and development officer shall supervise the implementation of the diversion
program. The diversion proceedings shall be completed within forty-five-(45)
days. The period of prescription of the offense shall be suspended until the
completion of the diversion proceedings but not to exceed forty-five (45)
days.
The child shall present himself/herself to the competent authorities

that imposed the diversion program at least once a month for reporting and
evaluation of the effectiveness of the program.
Failure to comply with the terms and conditions of the contract of

diversion, as certified by the local social welfare and development officer,
shall give the offended party the option to institute the appropriate legal
action.
The period of prescription of the offense shall be suspended during the

effectivity of the diversion program, but not exceeding a period of two (2)
years.
SEC. 27. Duty of the Punong Barangay When There is No Diversion.

– If the offense does not fall under Section 23(a) and (b), or if the child,
his/her parents or guardian does not consent to a diversion, the Punong
Barangay handling the case shall, within three (3) days from determination
of the absence of jurisdiction over the case or termination of the diversion
proceedings, as the case may be, forward the records of the case of the child
to the law enforcement officer, prosecutor or the appropriate court, as the
case may be. Upon the issuance of the corresponding document, certifying
to the fact that no agreement has been reached by the parties, the case shall
be filed according to the regular process.
SEC. 28. Duty of the Law Enforcement Officer When There is No

Diversion. – If the offense does not fall under Section 23(a) and (b), or if
the child, his/her parents or guardian does not consent to a diversion, the
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Women and Children Protection Desk of the PNP, or other law enforcement
officer handling the case shall, within three (3) days from determination of the
absence of jurisdiction over the case or termination of diversion proceedings,
forward the records of the case of the child under custody, to the prosecutor or
judge concerned for the conduct of inquest and/or preliminary investigation
to determine whether or not the child should remain under custody and
correspondingly charged in court. The document transmitting said records
shall display the word “CHILD” in bold letters.
SEC. 29. Factors in Determining Diversion Program. – In determining

whether diversion is appropriate and desirable, the following factors shall
be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence,

etc.);
(d) The influence of the family and environment on the growth of the
child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
SEC. 30. Formulation of the Diversion Program. – In formulating

a diversion program, the individual characteristics and the peculiar
circumstances of the child in conflict with the law shall be used to formulate
an individualized treatment. The following factors shall be considered in
formulating a diversion program for the child:
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(a) The child’s feelings of remorse for the offense he/she committed:
(b) The parents’ or legal guardians’ ability to guide and supervise the
child;
(c) The victim’s view about the propriety of the measures to be imposed;
and
(d) The availability of community-based programs for rehabilitation

and reintegration of the child.
SEC. 31. Kinds of Diversion Programs. – The diversion program shall

include adequate socio-cultural and psychological responses and services
for the child. At the different stages where diversion may be resorted to, the
following diversion programs may be agreed upon, such as, but not limited
to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child’s
family:
(7) Attendance in trainings, seminars and lectures on:
(i) anger management skills:
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(ii) problem solving and/or conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing with
situations which can lead to repetition of the offense;
(8) Participation in available community-based programs, including

community service; or
(9) Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(l) to (a)(9)herein;

and
(2) Confiscation and forfeiture of the proceeds or instruments of the

crime;
(c) at the level of the appropriate court:
(1) Diversion programs specified under paragraphs (a)and(b)above; .
(2) Written or oral reprimand or citation;
(3) Fine;
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.
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CHAPTER 3
PROSECUTION
SEC. 32. Duty of the Prosecutor’s Office. – There shall be a specially

trained prosecutor to conduct inquest, preliminary investigation and
prosecution of cases involving a child in conflict with the law. If there is an
allegation of torture or ill-treatment of a child in conflict with the law during
arrest or detention, it shall be the duty of the prosecutor to investigate the
same.
SEC. 33. Preliminary Investigation and Filing of Information. – The

prosecutor shall conduct a preliminary investigation in the following
instances: (a) when the child in conflict with the law does not qualify for
diversion; (b) when the child, his/her parents or guardian does not agree
to diversion as specified in Sections 27 and 28; and (c) when considering
the. assessment and recommendation of the social worker, the prosecutor
determines that diversion is not appropriate for the child in conflict with the
law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor
shall notify the Public Attorney’s Office of such service, as well as the
personal information, and place of detention of the child in conflict with the
law.
Upon determination of probable cause by the prosecutor, the information

against the child shall be flied before the Family Court within forty-five (45)
days from the start of the preliminary investigation.
CHAPTER 4
COURT PROCEEDINGS
SEC. 34. Bail. – For purposes of recommending the amount of bail, the
privileged mitigating circumstance of minority shall be considered.
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SEC. 35. Release on Recognizance. – Where a child is detained, the

court shall order:
(a) the release of the minor on recognizance to his/her parents and other
suitable persons;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth

rehabilitation center.
The court shall not order the detention of a child in a jail pending trial
or hearing of his/her case.
SEC. 36. Detention of the Child Pending Trial. – Children detained

pending trial may be released on bail or recognizance as provided for under
Sections 34 and 35 under this Act. In all other cases and whenever possible,
detention pending trial may be replaced by alternative measures, such as close
supervision, intensive care or placement with a family or in an educational
setting or home. Institutionalization or detention of the child pending trial
shall be used only as a measure of last resort and for the shortest possible
period of time.
Whenever detention is necessary, a child will always be detained

in youth detention homes established by local governments, pursuant to
Section 8 of the Family Courts Act, in the city or municipality where the
child resides.
In the absence of a youth detention home, the child in conflict with the
law may be committed to the care of the DSWD or a local rehabilitation
center recognized by the government in the province, city or municipality
within the jurisdiction of the court. The center or agency concerned shall be
responsible for the child’s appearance in court whenever required.
SEC. 37. Diversion Measures. – There the maximum penalty imposed

by law for the offense with which the child in conflict with the law is charged
is imprisonment of not more than twelve (12) years, regardless of the fine
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or fine alone regardless of the amount, and before arraignment of the child
in conflict with the law, the court shall determine whether or not diversion
is appropriate.
SEC. 38. Automatic Suspension of Sentence. – Once the child who is

under eighteen (18) years of age at the time of the commission of the offense
is found guilty of the offense charged, the court shall determine and ascertain
any civil liability which may have resulted from the offense committed.
However, instead of pronouncing the judgment of conviction, the court shall
place the child in conflict with the law under suspended sentence, without
need of application: Provided, however, That suspension of sentence shall
still be applied even if the juvenile is already eighteen years (18) of age or
more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various

circumstances of the child, the court shall impose the appropriate disposition
measures as provided in the Supreme Court Rule on Juveniles in Conflict
with the Law.
SEC. 39. Discharge of the Child in Conflict with the Law. – Upon the
recommendation of the social worker who has custody of the child, the court
shall dismiss the case against the child whose sentence has been suspended
and against whom disposition measures have been issued, and shall order
the final discharge of the child if it finds that the objective of the disposition
measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the
civil liability resulting from the commission of the offense, which shall be
enforced in accordance with law.
SEC. 40. Return of the Child in Conflict with the Law to Court. – If
the court finds that the objective of the disposition measures imposed upon
the child in conflict with the law have not been fulfilled, or if the child in
conflict with the law has willfully failed to comply with the conditions of
his/her disposition or rehabilitation program, the child in conflict with the
law shall be brought before the court for execution of judgment.
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If said child in conflict with the law has reached eighteen (18) years
of age while under suspended sentence, the court shall determine whether
to discharge the child in accordance with this Act, to order execution of
sentence, Or to extend the suspended sentence for a certain specified period
or until the child reaches the maximum age of twenty-one (21) years.
SEC. 41. Credit in Service of Sentence. – The child in conflict with the
law shall be credited in the services of his/her sentence with the full time
spent in actual commitment and detention under this Act.
SEC. 42. Probation as an Alternative to Imprisonment. – The court

may, after it shall have convicted and sentenced a child in conflict with the
law, and upon application at anytime, place the child on probation in lieu of
service of his/her sentence taking into account the best interest of the child.
For this purpose, Section 4 of Presidential Decree No. 968 otherwise known
as the “Probation Law of 1976”, is hereby amended accordingly.
CHAPTER 5
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
SEC. 43. Confidentiality of Records and Proceedings. – All records

and proceedings involving children in conflict with the law from initial
contact until final disposition of the case shall be considered privileged and
confidential. The public shall be excluded during the proceedings and the
records shall not be disclosed directly or indirectly to anyone by any of the
parties or the participants in the proceedings for any purpose whatsoever,
except to determine if the child in conflict with the law may have his/her
sentence suspended or if he/she maybe granted probation under the Probation
Law, or to enforce the civil liability imposed in the criminal action.
The component authorities shall undertake all measures to protect this

confidentiality of proceedings, including nondisclosure of records to the
media, maintaining a separate police blotter for cases involving children in
conflict with the aw and adopting a system of coding to conceal material
information which will lead to the child’s identity. Records of a child in
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conflict with the law shall not be used in subsequent proceedings for cases
involving the same offender as an adult, except when beneficial for the
offender and upon his/her written consent.
A person who has been in conflict with the law as a child shall not be held
under any provision of law, to be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to acknowledge the case or
recite any fact related thereto in response to any inquiry made to him/her
for any purpose.
TITLE VI
REHABILATATION AND REINTEGRATION
SEC. 44. Objective of Rehabilitation and Reintegration. – The objective

of rehabilitation and reintegration of children in conflict with the law is to
provide them with interventions, approaches and strategies that will enable
them to improve their social functioning with the end goal of reintegration
to their families and as productive members of their communities.
SEC. 45. Court Order Required. – No child shall be received in any

rehabilitation or training facility without a valid order issued by the court
after a hearing for the purpose. The details of this order shall be immediately
entered in a register exclusively for children in conflict with the law. No
child shall be admitted in any facility where there is no such register.
SEC. 46. Separate Facilities from Adults. – In all rehabilitation or

training facilities, it shall be mandatory that children shall be separated
from adults unless they are members of the same family. Under no other
circumstance shall a child in conflict with the law be placed in the same
confinement as adults.
The rehabilitation, training or confinement area of children in conflict

with the law shall provide a home environment where children in conflict
with the law can be provided with quality counseling and treatment.
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SEC. 47. Female Children. – Female children in conflict with the law
placed in an institution shall be given special attention as to their personal
needs and problems. They shall be handled by female doctors, correction
officers and social workers and shall be accommodated separately from
male children in conflict with the law.
SEC. 48. Gender-Sensitivity Training. – No personnel of rehabilitation

and training facilities shall handle children in conflict with the law without
having undergone gender sensitivity training.
SEC. 49. Establishment of Youth Detention Homes. – The LGUs shall

set aside an amount to build youth detention homes as mandated by the
Family Courts Act. Youth detention homes may also be established by private
and NGOs licensed and accredited by the DSWD, in consultation with the
JJWC.
SEC. 50. Care and Maintenance of the Child in Conflict with the Law.
– The expenses for the care and maintenance of a child in conflict with the
law under institutional care shall be borne by his/her parents or those persons
liable to support him/her: Provided, That in case his/her parents or those
persons liable to support him/her cannot pay all or part of said expenses,
the municipality where the offense was committed shall pay one-third (1/3)
of said expenses or part thereof;· the province to which the municipality
belongs shall pay one-third (1/3) and the remaining one-third (1/3)shall borne
by the national government. Chartered cities shall pay two-thirds (2/3) of
said expenses; and in case a chartered city cannot pay said expenses, part
of the internal revenue allotments applicable to the unpaid portion shall be
withheld and applied to the settlement of said obligations: Provided, further,
That in the event that the child in conflict with the law is not a resident of
the municipality/city where the offense was committed, the court, upon its
determination, may require the city/municipality where the child in conflict
with the law resides to shoulder the cost.
All city and provincial governments must exert effort for the immediate
establishment of local detention homes for children in conflict with the
law.
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SEC. 51. Confinement of Convicted Children in Agricultural Camps

and other Training Facilities. – A child in conflict with the law may. after
conviction and upon order of the court, be made to serve his/her sentence,
in lieu of confinement in a regular penal institution, in an agricultural camp
and other training facilities that may be established, maintained, supervised
and controlled by the BUCOR, in coordination with the DSWD.
SEC. 52. Rehabilitation of Children in Conflict with the Law. – Children

in conflict with the law, whose sentences are suspended may, upon order of
the court, undergo any or a combination of disposition measures best suited
to the rehabilitation and welfare of the child as provided in the Supreme
Court Rule on Juveniles in Conflict with the Law.
If the community-based rehabilitation is availed of by a child in

conflict with the law, he/she shall be released to parents, guardians, relatives
or any other responsible person in the community. Under the supervision
and guidance of the local social welfare and development officer, and in
coordination with his/her parents/guardian, the child in conflict with the law
shall participate in community-based programs .which shall include, but not
limited to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services;
(8) Spiritual enrichment; and
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(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with

the law shall endeavor to actively participate in the community-based
rehabilitation.
Based on the progress of the youth in the community a final report will
be forwarded by the local social welfare and development officer to the court
for final disposition of the case.
If the community-based programs are provided as diversion measures

under Chapter II, Title V. the programs enumerated above shall be made
available to the child in conflict with the law.
SEC. 53. Youth Rehabilitation Center. – The youth rehabilitation center

shall provide 24-hour group care, treatment and rehabilitation services under
the guidance of a trained staff where residents are cared for under a structured
therapeutic environment with the end view of reintegrating them in their
families and communities as socially functioning individuals. A quarterly
report shall be submitted by the center to the proper court on the progress of
the children in conflict with the law. Based on the progress of the youth in
the center, a final report will be forwarded to the court for final disposition
of the case. The DSWD shall establish youth rehabilitation centers in each
region of the country.
SEC. 54. Objectives of Community-Based Programs. – The objectives

of community-based programs are as follows:
(a) Prevent disruption in the education or means of livelihood of the

child in conflict with the law in case he/she is studying, working or attending
vocational learning institutions;
(b) Prevent separation of the child in conflict with the aw from his/
her parents/guardians to maintain the support system fostered by their
relationship and to create greater awareness of their mutual and reciprocal
responsibilities;
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(c) Facilitate the rehabilitation and mainstreaming of the child in conflict

with the law and encourage community support and involvement; and
(d) Minimize the stigma that attaches to the child in conflict with the
law by preventing jail detention.
SEC. 55. Criteria of Community-Based Programs. – Every LGU shall

establish community-based programs that will focus on the rehabilitation
and reintegration of the child. All programs shall meet the criteria to be
established by the JJWC which shall take into account the purpose of the
program, the need for the consent of the child and his/her parents or legal
guardians, and the participation of the child-centered agencies whether public
or private.
SEC. 56. After-Care Support Services for Children in Conflict with the
Law. – Children in conflict with the law whose cases have been dismissed
by the proper court because of good behavior as per recommendation of
the DSWD social worker and/or any accredited NGO youth rehabilitation
center shall be provided after-care services by the local social welfare and
development officer or a period of at least six (6) months. The service includes
counseling and other community-based services designed to facilitate
social reintegration, prevent re-offending and make the children productive
members of the community.
TITLE VII
GENERAL PROVISIONS
CHAPTER 1
EXEMPTING PROVISIONS
SEC. 57. Status Offenses. – Any conduct not considered an offense or

not penalized if committed by an adult shall not be considered an offense
and shall not be punished if committed by a child.
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SEC. 58. Offenses Not Applicable to Children. – Persons below

eighteen (18) years of age shall be exempt from prosecution for the crime
of vagrancy and prostitution under Section 202 of the Revised Penal Code,
of mendicancy under Presidential Decree No. 1563, and sniffing of rugby
under Presidential Decree No. 1619, such prosecution being inconsistent with
the United Nations Convention on the Rights of the Child: Provided. That
said persons shall undergo appropriate counseling and treatment program.
SEC. 59. Exemption from the Application of Death Penalty·. – The

provisions of the Revised Penal Code, as amended. Republic Act No. 9165,
otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and
other special laws notwithstanding, no death penalty shall be imposed upon
children in conflict with the law.
CHAPTER 2
PROHIBITED ACTS
SEC. 60. Prohibition Against Labeling and Shaming. – In the conduct

of the proceedings beginning from the initial contact with the child, the
competent authorities must refrain from branding or labeling children as
young criminals, juvenile delinquents, prostitutes or attaching to them in any
manner any other derogatory names. Likewise, no discriminatory remarks
and practices shall be allowed particularly with respect to the child’s class
or ethnic origin.
SEC. 61. Other Prohibited Acts. – The following and any other similar
acts shall be considered prejudicial and detrimental to the psychological,
emotional, social, spiritual, moral and physical health and well-being of the
child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as

cursing, beating, stripping, and solitary confinement;
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(c) Employment of degrading, inhuman and cruel forms of punishment

such as shaving the heads, pouring irritating, corrosive or harmful substances
over the body of the child in conflict with the law, or forcing him/her to
walk around the community wearing signs which embarrass, humiliate, and
degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and

all forms under any and all instances.
CHAPTER 3
PENAL PROVISION
SEC. 62. Violation of the Provisions of this Act or Rulesor Regulations

in General. – Any person who violates any provision of this Act or any rule
or regulation promulgated in accordance thereof shall. upon conviction for
each act or omission. be punished by a fine of not less than Twenty thousand
pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00)
or suffer imprisonment of not less than eight(8) years but not more than
ten (10) years, or both such fine and imprisonment at the discretion of the
court, unless a higher penalty is provided for in the Revised Penal Code or
special laws. If the offender is a public officer or employee, he/she shall, in
addition to such fine and/or imprisonment, be held administratively liable
and shall suffer the penalty of perpetual absolute disqualification.
CHAPTER 4
APPROPRIATION PROVISION
SEC. 63. Appropriations. – The amount necessary to carry out the initial
implementation of this Act shall be charged to the Office of the President.
Thereafter, such sums as may be necessary for the continued implementation
of this Act shall be included in the succeeding General Appropriations
Act.
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An initial amount of Fifty million pesos (P50,000,000.00) for the

purpose of setting up the JJWC shall be taken from the proceeds of the
Philippine Charity Sweepstakes Office.
TITLE VIII
TRANSITORY PROVISIONS
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and
Below. – Upon effectivity of this Act, cases of children fifteen (15) years
old and below at the time of the commission of the crime shall immediately
be dismissed and the child shall be referred to the appropriate local social
welfare and development officer. Such officer, upon thorough assessment
of the child, shall determine whether to release the child to the custody of
his/her parents, or refer the child to prevention programs as provided under
this Act. Those with suspended sentences and undergoing rehabilitation at
the youth rehabilitation center shall likewise be released, unless it is contrary
to the best interest of the child.
SEC. 65. Children Detained Pending Trial. – If the child s detained

pending trial, the Family Court shall also determine whether or not continued
detention is necessary and, if not, determine appropriate alternatives for
detention. If detention is necessary and he/she is detained with adults, the
court shall immediately order the transfer of the child to a youth detention
home.
SEC. 66. Inventory of ‘Locked-up” and Detained Children in Conflict

with the Law. – The PNP, the BJMP and the BUCOR are hereby directed to
submit to the JJWC, within ninety (90) days from the effectivity of this Act,
an inventory of all children in conflict with the law under their custody.
SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending
Diversion and Court Proceedings. – If a child reaches the age of eighteen
(18) years pending diversion and court proceedings, the appropriate diversion
authority in consultation with the local social welfare and development
officer or the Family Court in consultation with the Social Services and
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Counseling Division (SSCD) of the Supreme Court, as the case may be,
shall determine the appropriate disposition. In case the appropriate court
executes the judgment of conviction, and unless the child in conflict with
the law has already availed of probation under Presidential Decree No. 603
or other similar laws, the child may apply for probation if qualified under
the provisions of the Probation Law.
SEC. 68. Children Who Have Been Convicted and are Serving Sentence.
– Persons who have been convicted and are serving sentence at the time of the
effectivity of this Act, and who were below the age of eighteen (18) years at
the time of the commission of the offense for which they were convicted and
are serving sentence, shall likewise benefit from the retroactive application
of this Act. They shall be entitled to appropriate dispositions provided under
this Act and theirs sentences shall be adjusted accordingly. They shall be
immediately released if they are so qualified under this Actor other applicable
law.
TITLE IX
FINAL PROVISIONS
SEC. 69. Rule Making Power. – The JJWC shall issue the IRRs for the
implementation of the provisions of this Act within ninety (90) days from
the effectivity thereof.
SEC. 70. Separability Clause. – If, for any reason, any section or
provision of this Act is declared unconstitutional or invalid by the Supreme
Court, the other sections or provisions hereof not affected by such declaration
SEC. 71. Repealing Clause. – All existing laws, orders, decrees, rules
and regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
SEC. 72. Effectivity. -– This Act shall take effect after fifteen (15)
days from its publication in at least two (2)national newspapers of general
circulation.
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Approved,

of Representatives
This Act which is consolidation of Senate Bill No. 1402 and House Bill
on March 22, 2006.

435
S. No. 2391
H. No. 10

Metro Manila
Fourteenth Congress
thousand eight.
——■——
AN ACT REQUIRING THE CERTIFICATION OF THE DEPARTMENT

OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO
DECLARE A “CHILD LEGALLY AVAILABLE FOR ADOPTION”
AS A PREREQUISITE FOR ADOPTION PROCEEDINGS,
AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS
OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE
DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043,
OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION
ACT OF 1995, PRESIDENTIAL DECREE NO. 603, OTHERWISE
KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND
FOR OTHER PURPOSES

436
SECTION 1. Declaration of Policy. – It is hereby declared the policy of

the State that alternative protection and assistance shall be afforded to every
child who is abandoned, surrendered, or neglected. In this regard, the State
shall extend such assistance in the most expeditious manner in the interest
of full emotional and social development of the abandoned, surrendered, or
neglected child.
It is hereby recognized that administrative processes under the

jurisdiction of the Department of Social Welfare and Development for
the declaration of a child legally available for adoption of abandoned,
surrendered, or neglected children are the most expeditious proceedings for
the best interest and welfare of the child.
SEC 2. Definition of Terms. - As used in this Act, the following terms

shall mean:
(1) Department of Social Welfare and Development (DSWD) is the

agency charged to implement the provisions of this Act and shall have the
sole authority to issue the certification declaring a child legally available for
adoption.
(2) Child refers to a person below eighteen (18) years of age or a person
over eighteen (18) years of age but is unable to fully take care of himself/
herself or protect himself/herself from abuse, neglect, cruelty, exploitation,
or discrimination because of physical or mental disability or condition.
(3) Abandoned Child refers to a child who has no proper parental care
or guardianship, or whose parent(s) have deserted him/her for a period of
at least three (3) continuous months, which includes a foundling.
(4) Neglected Child refers to a child whose basic needs have been
deliberately unattended or inadequately attended within a period of three
(3) continuous months. Neglect may occur in two (2) ways:
437
(a) There is physical neglect when the child is malnourished, ill-clad,

and without proper shelter. A child is unattended when left by himself/herself
without proper, provisions and/or without proper supervision.
(b) There is emotional neglect when the child is maltreated, raped,

seduced, exploited, overworked, or made to work under conditions not
conducive to good health; or is made to beg in the streets or public places;
or when children are in moral danger, or exposed to gambling, prostitution,
and other vices.
(5) Child Legally Available for Adoption refers to a child in whose favor
a certification was issued by the DSWD that he/she is legally available for
adoption after the fact of abandonment or neglect has been proven through the
submission of pertinent documents, or one who was voluntarily committed
by his/her parent(s) or legal guardian.
(6) Voluntarily Committed Child is one whose parent(s) or legal

guardian knowingly and willingly relinquished parental authority to the
DSWD or any duly accredited child-placement or child-caring agency or
institution.
(7) Child-caring agency or institution refers to a private non-profit or

government agency duly accredited by the DSWD that provides twenty-four
(24) hour residential care services for abandoned, neglected, or voluntarily
committed children.
(8) Child-placing agency or institution refers to a private non-profit

institution or government agency duly accredited by the DSWD that receives
and processes applicants to become foster or adoptive parents and facilitate
placement of children eligible for foster care or adoption.
(9) Petitioner refers to the head or executive director of a licensed or

accredited child-caring or child-placing agency or institution managed by
the government, local government unit, nongovernmental organization, or
provincial, city, or municipal Social Welfare Development Officer who has
actual custody of the minor and who files a certification to declare such
438
child legally available for adoption, or, if the child is under the custody of
any other individual, the agency or institution does so with the consent of
the child’s custodian.
(10) Secretary refers to the Secretary of the DSWD or his duly

authorized representative.
(11) Conspicuous Place shall refer to a place frequented by the public,

whereby the notice of the petition shall be posted for information of any
interested person.
(12) Social Case Study Report (SCSR) shall refer to a written report
of the result of an assessment conducted by a licensed social worker as to
the socio-cultural economic condition, psychosocial background, current
functioning and facts of abandonment or neglect of the child. The report
shall also state the efforts of social worker to locate the child’s biological
parents/relatives.
SEC. 3. Petition. – The petition shall be in the form of an affidavit,

subscribed and sworn to before any person authorized by law to administer
oaths. It shall contain facts necessary to establish the merits of the petition
and shall state the circumstances surrounding the abandonment or neglect
of the child.
The petition shall be supported by the following documents:
(1) Social Case Study Report made by the DSWD, local government
unit, licensed or accredited child-caring or child-placing agency or institution
charged with the custody of the child;
(2) Proof that efforts were made to locate the parent(s) or any known
relatives of the child. The following shall be considered sufficient:
(a) Written certification from a local or national radio or television

station that the case was aired on three (3) different occasions;
439
(b) Publication in one (1) newspaper of general circulation;
(c) Police report or barangay certification from the locality where the
child was found or a certified copy of a tracing report issued by the Philippine
National Red Cross (PNRC), National Headquarters (NHQ), Social Services
Division, which states that despite due diligence, the child’s parents could
not be found; and
(d) Returned registered mail to the last known address of the parent(s)
or known relatives, if any.
(3) Birth certificate, if available; and
(4) Recent photograph of the child and photograph of the child upon
abandonment or admission to the agency or institution.
SEC. 4. Procedure for the Filing of the Petition. – The petition shall
be filed in the regional office of the DSWD where the child was found or
abandoned.
The Regional Director shall examine the petition and its supporting
documents, if sufficient in form and substance and shall authorize the posting
of the notice of the petition in conspicuous places for five (5) consecutive
days in the locality where the child was found.
The Regional Director shall act on the same and shall render a
recommendation not later than five (5) working days after the completion
of its posting. He/she shall transmit a copy of his/her recommendation and
records to the Office of the Secretary within forty-eight (48) hours from the
date of the recommendation.
SEC. 5. Declaration of Availability for Adoption. – Upon finding merit

in the petition, the Secretary shall issue a certification declaring the child
legally available for adoption within seven (7) working days from receipt
of the recommendation.
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Said certification, by itself, shall be the sole basis for the immediate
issuance by the local civil registrar of a foundling certificate. Within seven (7)
working days, the local civil registrar shall transmit the foundling certificate
to the National Statistics Office (NSO).
SEC. 6. Appeal. – The decision of the Secretary shall be appealable

to the Court of Appeals within five (5) days from receipt of the decision by
the petitioner, otherwise the same shall be final and executory.
SEC. 7. Declaration of Availability for Adoption of Involuntarily

Committed Child and Voluntarily Committed Child. – The certificate
declaring a child legally available for adoption in case of an involuntarily
committed child under Article 141, paragraph 4(a) and Article 142 of
Presidential Decree No. 603 shall be issued by the DSWD within three
(3) months following such involuntary commitment.
In case of voluntary commitment as contemplated in Article 154 of

Presidential Decree No. 603, the certification declaring the child legally
available for adoption shall be issued by the Secretary within three (3) months
following the filing of the Deed of Voluntary Commitment, as signed by the
parent(s) with the DSWD.
Upon petition filed with the DSWD, the parent(s) or legal guardian
who voluntarily committed a child may recover legal custody and parental
authority over him/her from the agency or institution to which such child was
voluntarily committed when it is shown to the satisfaction of the DSWD that
the parent(s) or legal guardian is in a position to adequately provide for the
needs of the child: Provided, That, the petition for restoration is filed within
three (3) months after the signing of the Deed of Voluntary Commitment.
SEC. 8. Certification. – The certification that a child is legally available

for adoption shall be issued by the DSWD in lieu of a judicial order, thus
making the entire process administrative in nature.
The certification, shall be, for all intents and purposes, the primary
evidence that the child is legally available in a domestic adoption proceeding,
441
as provided in Republic Act No. 8552, and in an inter-country adoption

proceeding, as provided in Republic Act No. 8043.
SEC. 9. Implementing Rules and Regulations. – The DSWD, together

with the Council for Welfare of Children, Inter-Country Adoption Board, two
(2) representatives from licensed or accredited child-placing and child-caring
agencies or institutions, National Statistics Office, and Office of the Civil
Registrar, is hereby tasked to draft the implementing rules and regulations
of this Act within sixty (60) days following its complete publication.
Upon effectivity of this Act and pending the completion of the drafting
of the implementing rules and regulations, petitions for the issuance of a
certification declaring a child legally available for adoption may be filed with
the regional office of the DSWD where the child was found or abandoned.
SEC. 10. Penalty. – The penalty of One hundred thousand pesos

(P100,000.00) to Two hundred thousand pesos (P200,000.00) shall be
imposed on any person, institution, or agency who shall place a child for
adoption without the certification that the child is legally available for
adoption issued by the DSWD. Any agency or institution found violating
any provision of this Act shall have its license to operate revoked without
prejudice to the criminal prosecution of its officers and employees.
Violation of any provision of this Act shall subject the government

official or employee concerned to appropriate administrative, civil and/
or criminal sanctions, including suspension and/or dismissal from the
government service and forfeiture of benefits.
SEC. 11. Repealing Clause. – Sections 2(c)(iii), 3(b), (e), and 8(a) of
Republic Act No. 8552, Section 3(f) of Republic Act No. 8043, Chapter 1 of
Titles VII and VIII of Presidential Decree No. 603, and any law, presidential
decree, executive order, letter of instruction, administrative order, rule, or
regulation contrary to or inconsistent with the provisions of this Act are
hereby repealed, modified, or amended accordingly.
442

remain valid and subsisting.
SEC. 13. Effectivity. – This Act shall take effect fifteen (15) days
following its complete publication in two (2) newspapers of general
circulation or in the Official Gazette.
Approved,
PROSPERO C. NOGRALES JUAN PONCE ENRILE

of Representatives
Bill No. 10 was finally passed by the Senate and the House of Representatives
on December 17, 2008.
MARILYN B. BARUA-YAP EMMA LIRIO-REYES

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H. No. 5709
S. No. 1978

Metro Manila
Fourteenth Congress
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July,
two thousand nine.
——■——
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN

AND DEGRADING TREATMENT OR PUNISHMENT AND
PRESCRIBING PENALTIES THEREFOR

SECTION 1. Short Title. – This Act shall be known as the “Anti-Torture

Act of 2009”.
SEC. 2. Statement of Policy. – It is hereby declared th epolicy of the

State:
(a) To value the dignity of every human person and guarantee full
respect for human rights;
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(b) To ensure that the human rights of all persons, including suspects,
detainees and prisoners are respected at all times and that no person placed
under investigation or held in custody of any person in authority or, agent of
a person in authority shall be subjected to physical, psychological or mental
harm, force, violence, threat or intimidation or any act that impairs his/her
free will or in any manner demeans or degrades human dignity;
(c) To ensure that secret detention places, solitary, incommunicado

or other similar forms of detention, where torture may be carried out with
impunity, are prohibited; and
(d) To fully adhere to the principles and standards on the absolute

condemnation and prohibition of torture as provided for in the 1987 Philippine
Constitution; various international instruments to which the Philippines is a
State party such as, but not limited to, the International Covenant on Civil
and Political Rights (ICCPR), the Convention on the Rights of the Child
(CRC),the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW)and the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment(CAT); and all other
relevant international human rights instruments to which the Philippines is
a signatory.
SEC. 3. Definitions. – For purposes of this Act, the following terms

shall mean:
(a) “Torture” refers to an act by which severe pain or suffering, whether

physical or mental, is intentionally inflicted on a person for such purposes
as obtaining from him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has committed or is
suspected of having committed; or intimidating or coercing him/her or a third
person; or for any reason based on discrimination of any kind, when such
pain or suffering is inflicted by or at the instigation of or with the consent
or acquiescence of a person in authority or agent of a person in authority. It
does not include pain or suffering arising only from, inherent in or incidental
to lawful sanctions.
445
(b) “Other cruel, inhuman and degrading treatment or punishment”

refers to a deliberate and aggravated treatment or punishment not enumerated
under Section 4 of this Act, inflicted by a person in authority or agent of a
person in authority against a person under his/her custody, which attains a
level of severity causing suffering, gross humiliation or debasement to the
latter.
(c) “Victim” refers to the person subjected to torture or other cruel,

inhuman and degrading treatment or punishment as defined above and any
individual who has suffered harm as a result of any act(s) of torture, or other
cruel, inhuman and degrading treatment or punishment.
(d) “Order of Battle” refers to any document or determination made by

the military, police or any law enforcement agency of the government, listing
the names of persons and organizations that it perceives to be enemies of the
State and that it considers as legitimate targets as combatants that it could
deal with, through the use of means allowed by domestic and international
law.
SEC. 4. Acts of Torture. – For purposes of this Act, torture shall include,
but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by

a person in authority or agent of a person in authority upon another in his/
her custody that causes severe pain, exhaustion, disability or dysfunction of
one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking

with truncheon or rifle butt or other similar objects, and jumping on the
stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or

human excreta and other stuff or substances not normally eaten;
(3) Electric shock;
446
(4) Cigarette burning; burning by electrically heated rods, hot oil,

acid; by the rubbing of pepper or other chemical substances on mucous
membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with

excrement, urine, vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily

position;
(7) Rape and sexual abuse, including the insertion of foreign objects
into the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as

the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme

cold;
(12) The use of plastic bag and other materials placed over the head
to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory,

alertness or will of a person, such as:
(i) The administration of drugs to induce confession and/or reduce

mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a

disease; and
(14) Other analogous acts of physical torture; and
447
(b) “Mental/Psychological Torture” refers to acts committed by a person

in authority or agent of a person in authority which are calculated to affect
or confuse the mind and/or undermine a person’s dignity and morale, such
as:
(l) Blindfolding;
(2) Threatening a person(s) or his/her relative(s) with bodily harm

execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a “show trial”, public displayor public

humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from

one place to another, creating the belief that he/she shall be summarily
executed;
(7) Maltreating a member/s of a person’s family ;
(8) Causing the torture sessions to be witnessed by the person’s family,

relatives or any third party;
(9) denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/
her in public places, shaving the victim’s head or putting marks on his/her
body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any

member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
448
SEC. 5. Other Cruel, Inhuman and Degrading Treatment or Punishment.

– Other cruel, inhuman or degrading treatment or punishment refers to a
deliberate and aggravated treatment or punishment not enumerated under
Section 4 of this Act inflicted by a person in authority or agent of a person in
authority against another person in custody, which attains a level of severity
sufficient to cause suffering, gross humiliation or debasement to the latter.
The assessment of the level of severity shall depend on all the circumstances
of the case, including the duration of the treatment or punishment, its physical
and mental effects and, in some cases, the sex, religion, age and state of
health of the victim.
SEC. 6. Freedom from Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment, An Absolute Right. – Torture and other cruel,
inhuman and degrading treatment or punishment as criminal acts shall
apply to all circumstances. A state of war or a threat of war, internal political
instability, or any other public emergency, or a document or any determination
comprising an “order of battle” shall not and can never be invoked as a
justification for torture and other cruel, in human and degrading treatment
or punishment.
SEC. 7. Prohibited Detention. – Secret detention places, solitary

confinement, incommunicado or other similar forms of detention, where
torture may be carried out with impunity, are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces
of the Philippines (AFP) and other law enforcement agencies concerned
shall make an updated list of all detention centers and facilities under their
respective jurisdictions with the corresponding data on the prisoners or
detainees incarcerated or detained therein such as, among others, names,
date of arrest and incarceration, and the crime or offense committed. This list
shall be made available to the public at all times, with a copy of the complete
list available at the respective national headquarters of the PNP and AFP. A
copy of the complete list shall likewise be submitted by the PNP, AFP and
all other law enforcement agencies to the Commission on Human Rights
(CHR), such list to be periodically updated, by the same agencies, within
the first five (5) days of every month at the minimum. Every regional office
449
of the PNP, AFP and other law enforcement agencies shall also maintain a
similar list for all detainees and detention facilities within their respective
areas, and shall make the same available to the public at all times at their
respective regional headquarters, and submit a copy, updated in the same
manner provided above, to the respective regional offices of the CHR.
SEC. 8. Applicability of the Exclusionary Rule; Exception. – Any

confession, admission or statement obtained as a result of torture shall be
inadmissible in evidence in any proceedings, except if the same is used as
evidence against a person or persons accused of committing torture.
SEC. 9. Institutional Protection of Torture Victims and Other Persons

Involved. – A victim of torture shall have the following rights in the
institution of a criminal complaint for torture:
(a) To have a prompt and an impartial investigation by the CHR and

by agencies of government concerned such as the Department of Justice
(DOJ), the Public Attorney’s Office (PAO), the PNP, the National Bureau
of Investigation (NBI) and the AFP. A prompt investigation shall mean a
maximum period of sixty (60) working days from the time a complaint for
torture is filed within which an investigation report and/or resolution shall
be completed and made available. An appeal whenever available shall be
resolved within the same period prescribed herein;
(b) To have sufficient government protection against all forms of

harassment, threat and/or intimidation as a consequence of the filing of said
complaint or the presentation of evidence therefor. In which case, the State
through its appropriate agencies shall afford security in order to ensure his/
her safety and all other persons involved in the investigation and prosecution
such as, but not limited to, his/her lawyer, witnesses and relatives; and
(c) To be accorded sufficient protection in the manner by which he/

she testifies and presents evidence in any fora in order to avoid further
trauma.
450
SEC. 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas

Data Proceedings and Compliance with a Judicial Order. – A writ of
habeas corpus or writ of amparo writ of habeas data proceeding, if any,
filed on behalf of the victim of torture or other cruel, degrading and inhuman
treatment or punishment shall be disposed of expeditiously and any order
of release by virtue thereof, or other appropriate order of a court relative
thereto, shall be executed or complied with immediately.
SEC. 11. Assistance in Filing a Complaint. – The CHR and the PAO shall
render legal assistance in the investigation and monitoring and/or filing of
the complaint for a person who suffers torture and other cruel, inhuman and
degrading treat mentor punishment, or for any interested party thereto. The
victim or interested party may also seek legal assistance from the Barangay
Human Rights Action Center (BHRAC) nearest him/her as well as from
human rights nongovernment organizations (NGOs).
SEC. 12. Right to Physical, Medical and Psychological Examination.

– Before and after interrogation, every person arrested, detained or under
custodial investigation shall have the right to be informed of his/her right
to demand physical examination by an independent and competent doctor
of his/her own choice. If such person cannot afford the services of his/
her own doctor, he/she shall be provided by the State with a competent
and independent doctor to conduct physical examination. The State shall
endeavor to provide the victim with psychological evaluation if available
under the circumstances. If the person arrested is a female, she shall be
attended to preferably by a female doctor. Furthermore, any person arrested,
detained or under custodial investigation, including his/her immediate family,
shall have the right to immediate access to proper and adequate medical
treatment. The physical examination and/or psychological evaluation of the
victim shall be contained in a medical report, duly signed by the attending
physician, which shall include in detail his/her medical history and findings,
and which shall be attached to the custodial investigation report. Such report
shall be considered a public document.
Following applicable protocol agreed upon by agencies tasked to

conduct physical psychological and mental examinations, the medical reports
shall, among others, include:
451
(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or
victim for physical, psychological and mental examination, and/or medical
treatment;
(d) The nature and probable cause of the patient or victim’s injury, pain
and disease and/or trauma;
(e) The approximate time and date when the injury, pain, disease and/
or trauma was/were sustained;
(f) The place where the injury, pain, disease and/or trauma was/were
sustained;
(h) The diagnosis, the prognosis and/or disposition of the patient.
Any person who does not wish to avail of the rights under this provision
may knowingly and voluntarily waive such rights in writing, executed in the
presence and assistance of his/her counsel.
SEC. 13. Who are Criminally· Liable. – Any person who actually
participated or induced another in the commission of torture or other cruel,
inhuman and degrading treatment or punishment or who cooperated in
the execution of the act of torture or other cruel, inhuman and degrading
treatment or punishment by previous or simultaneous acts shall be liable as
principal.
Any superior military, police or law enforcement officer or senior

government official who issued an order to any lower ranking personnel
to commit torture for whatever purpose shall be held equally liable as
principals.
452
The immediate commanding officer of the unit concerned of the AFP or

the immediate senior public official of the PNP and other law enforcement
agencies shall be held liable as a principal to the crime of torture or other cruel
or inhuman and degrading treatment or punishment for any act or omission
or negligence committed by him/her that shall have led, assisted, abetted or
allowed, whether directly or indirectly, the commission thereof by his/her
subordinates. If he/she has knowledge of or, owing to the circumstances at
the time, should have known that acts of torture or other cruel, inhuman and
degrading treatment or punishment shall be committed, is being committed,
or has been committed by his/her subordinates or by others within his/her
area of responsibility and, despite such knowledge, did not take preventive or
corrective action either before, during or immediately after its commission,
when he/she has the authority to prevent or investigate allegations of torture
or other cruel, inhuman and degrading treatment or punishment but failed
to prevent or investigate allegations of such act, whether deliberately or due
to negligence shall also be liable as principals.
Any public officer or employee shall be liable as an accessory if he/she

has knowledge that torture or other cruel, inhuman and degrading treatment
or punishment is being committed and without having participated therein
either as principal or accomplice, takes part subsequent to its commission
in any of the following manner:
(a) By themselves profiting from or assisting the offender to profit

from the effects of the act of torture or other cruel, inhuman and degrading
treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading
treatment or punishment and/or destroying the effects or instruments thereof
in order to prevent its discovery; or
(c) By harboring, concealing or assisting in the escape of the principal/s

in the act of torture or other cruel, inhuman and degrading treatment or
punishment: Provided, That the accessory acts are done with the abuse of
the official’s public functions.
453
SEC. 14. Penalties. – (a) The penalty of reclusion perpetua shall be

imposed upon the perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, inconsequence of

torture, the victim shall have become insane, imbecile, impotent, blind or
maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those

who commit any act of mental/psychological torture resulting in insanity,
complete or partial amnesia, fear of becoming insane or suicidal tendencies
of the victim due to guilt, worthlessness or shame.
(c) The penalty of prision correccional shall be imposed on those who

commit any act of torture resulting in psychological, mental and emotional
harm other than those described in paragraph (b) of this section.
(d) The penalty of prision mayor in its medium and maximum periods
shall be imposed if, in consequence of torture, the victim shall have lost the
power of speech or the power to hear or to smell; or shall have lost an eye, a
hand, a foot, an armor a leg; or shall have lost the use of any such member;
or shall have become permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum and medium periods
shall be imposed if, in consequence of torture, the victim shall have
become deformed or shall have lost any part of his/her body other than
those aforecited, or shall have lost the use thereof, or shall have been ill or
incapacitated for labor for a period of more than ninety (90) days.
454
(f) The penalty of prision correccional in its maximum period to prision

mayor in its minimum period shall be imposed if, in consequence of torture,
the victim shall have been ill or incapacitated for labor for more than thirty
(30) days but not more than ninety (90) days.
(g) The penalty of prision correccional in its minimum and medium

period shall be imposed if, in consequence of torture, the victim shall have
been ill or incapacitated for labor for thirty (30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts constituting
cruel, inhuman or degrading treatment or punishment as defined in Section
5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those

who establish, operate and maintain secret detention places and/or effect or
cause to effect solitary confinement, incommunicado or other similar forms
of prohibited detention as provided in Section 7 of this Act where torture
may be carried out with impunity.
(j) The penalty of arresto mayor shall be imposed upon the responsible
officer/s or personnel of the AFP, the PNP and other law enforcement agencies
for failure to perform his/her duty to maintain, submit or make available
to the public an updated list of detention centers and facilities with the
corresponding data on the prisoners or detainees incarcerated or detained
therein, pursuant to Section 7 of this Act.
SEC. 15. Torture as a Separate and Independent Crime .– Torture as a

crime shall not absorb or shall not be absorbed byany other crime or felony
committed as a consequence, or as a means in the conduct or commission
thereof. In which case, torture shall be treated as a separate and independent
criminal act whose penalties shall be imposable without prejudice to any
other criminal liability provided for by domestic and international laws.
SEC. 16. Exclusion from the Coverage of Special AmnestyLaw. – In

order not to depreciate the crime of torture, persons who have committed
any act of torture shall not benefit from any special amnesty law or similar
455
measures that will have the effect of exempting them from any criminal
proceedings and sanctions.
SEC. 17. Applicability of Refouler. – No person shall be expelled,

returned or extradited to another State where there are substantial grounds
to believe that such person shall be in danger of being subjected to torture.
For the purposes of determining whether such grounds exist, the Secretary
of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ,
in coordination with the Chairperson of the CRR, shall take into account all
relevant considerations including, where applicable and not limited to, the
existence in the requesting State of a consistent pattern of gross, flagrant or
mass violations of human rights.
SEC. 18. Compensation to Victims of Torture. – Any person who has

suffered torture shall have the right to claim for compensation as provided for
under Republic Act No. 7309: Provided, That in no case shall compensation
be any lower than Ten thousand pesos (Pl0,000.00). Victims of torture shall
also have the right to claim for compensation from such other financial relief
programs that may be made available to him/her under existing law and rules
and regulations.
SEC. 19. Formulation of a Rehabilitation Program. – Within one (1)

year from the effectivity of this Act, the Department of Social Welfare and
Development (DSWD), the DOJ and the Department of Health (DOH) and
such other concerned government agencies, and human rights organizations
shall formulate a comprehensive rehabilitation program for victims of torture
and their families. The DSWD, the DOJ and the DOH shall also call on human
rights nongovernment organizations duly recognizedby the government to
actively participate in the formulation of such program that shall provide
for the physical, mental, social, psychological healing and development of
victims of torture and their families. Toward the attainment of restorative
justice, aparallel rehabilitation program for persons who have committed
torture and other cruel inhuman and degrading punishment shall likewise
be formulated by the same agencies.
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SEC. 20. Monitoring of Compliance with this Act. – An Oversight

Committee is hereby created to periodically oversee the implementation of
this Act. The Committee shall be headed by a Commissioner of the CHR,
with the following as members the Chairperson of the Senate Committee
on Justice and Human Rights, the respective Chairpersons of the House of
Representatives’ Committees on Justice and Human Rights, and the Minority
Leaders of both houses or their respective representatives in the minority.
SEC. 21. Education and Information Campaign. – The CHR, the DOJ,
the Department of National Defense (DND), the Department of the Interior
and Local Government (DILG) and such other concerned parties in both
the public and private sectors shall ensure that education and information
regarding prohibition against torture and other cruel, inhuman and degrading
treatment or punishment shall be fully included in the training of law
enforcement personnel, civil or military, medical personnel, public officials
and other persons who may be involved in the custody, interrogation or
treatment of any individual subjected to any form of arrest, detention or
imprisonment. The Department of Education (DepEd) and the Commission
on Higher Education (CHED) shall also ensure the integration of human
rights education courses in all primary, secondary and tertiary level academic
institutions nationwide.
SEC. 22. Applicability of the Revised Penal Code. – The provisions of

the Revised Penal Code insofar as they are applicable shall be suppletory to
this Act. Moreover, if the commission of any crime punishable under Title
Eight (Crimes Against Persons)and Title Nine (Crimes Against Personal
Liberty and Security)of the Revised Penal Code is attended by any of the
acts constituting torture and other cruel, inhuman and degrading treatment
or punishment as defined herein, the penalty to be imposed shall be in its
maximum period.
S EC . 23. Appropriations. – The amount of Five million pesos

(P5,000,000.00) hereby appropriated to the CHR for the initial implementation
of this Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General
Appropriations Act.
457
SEC. 24. Implementing Rules and Regulations. – The DOJ and the CHR,
with the active participation of human rights nongovernmental organizations,
shall promulgate the rules and regulations for the effective implementation
of this Act. They shall also ensure the full dissemination of such rules
and regulations to all officers and members of various law enforcement
agencies.

continue to be in full force and effect.
SEC. 26. Repealing Clause. – All laws, decrees, executive orders or

rules and regulations contrary to or inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
its publication in the Official Gazette or in at least two (2) newspapers of
Approved,
JUAN PONCE ENRILE PROSPERO C. NOGRALES

of Representatives
Senate on September 2, 2009.
EMMA LIRIO-REYES MARILYN B. BARUA-YAP

458
459
H. No. 5279
S. No. 3111

Metro Manila
Fourteenth Congress
Begun and held in Metro Manila, on Monday the twenty-seventh day of July, two
thousand nine.
——■——
AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN

TO PARENTS BELOW MARRYING AGE, AMENDING FOR
THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES,
AS AMENDED

SECTION 1. Article 177 of Executive Order No. 209, otherwise known

as the “Family Code of the Philippines”, as amended, is hereby further
“Art. 177. Children conceived and born outside of wedlock of parents

who, at the time of the conception of the former, were not disqualified by
any impediment to marry each other, or were so disqualified only because
460
either or both of them were below eighteen (18) years of age, may be
legitimated.”
“Art. 178. Legitimation shall take place by a subsequent valid

marriage
between parents. The annulment of a voidable marriage shall not the
legitimation.”
SEC. 2. Implementing Rules. – The Civil Registrar General shall, in

consultation with the chairpersons of the Committee on Revision of Laws
of the House of Representatives and the Committee on Youth, Women and
Family Relations of the Senate, the Council for the Welfare of Children, the
Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the
Office of the Supreme Court Administrator, the Philippine Association of
Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/
regulations for the effective implementation of this Act not later than one
(1) month from its effectivity.
SEC. 3. Repealing Clause. – All laws, presidential decrees,

executive orders, proclamations and/or administrative regulations which are
inconsistent with the provisions of this Act are hereby amended, modified,
superseded or repealed accordingly.
days after its complete publication in the Official Gazette or in at least two
(2) newspaper of national circulation.
Approved,
JUAN PONCE ENRILE PROSPERO C. NOGRALES

Representatives
461
Senate on October 13, 2009.
EMMA LIRIO-REYES MARILYN B. BARUA-YAP

Approved: DECEMBER 20, 2009
462
S. No. 1698
H. Nos. 879; 4012; and 6076

Metro Manila
Fourteenth Congress
two thousand nine.
——■——
AN ACT EXPANDING THE PROMOTION OF BREASTFEEDING,

AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7600,
OTHERWISE KNOWN AS “AN ACT PROVIDING INCENTIVES
TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS
WITH ROOMING-IN AND BREASTFEEDING PRACTICES AND
FOR OTHER PURPOSES”

SECTION 1. Short Title. – This Act shall be known as the “Expanded

Breastfeeding Promotion Act of 2009”.
SEC. 2. Section 2 of Republic Act No. 7600 is hereby amended to read

as follows:
463
“S EC. 2. Declaration of Policy. – The State adopts rooming-in

as a national policy to encourage, protect and support the practice of
breastfeeding. It shall create an environment where basic physical, emotional,
and psychological needs of mothers and infants are fulfilled through the
practice of rooming-in and breastfeeding.
“The State shall likewise protect working women by providing safe and
healthful working conditions, taking into account their maternal functions,
and such facilities and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of the nation. This is
consistent with international treaties and conventions to which the Philippines
is a signatory such as the Convention on the Elimination of Discrimination
Against Women (CEDAW), which emphasizes provision of necessary
supporting social services to enable parents to combine family obligations
with work responsibilities, the Beijing Platform for Action and Strategic
Objective, which promotes harmonization of work and family responsibilities
for women and men, and the Convention on the Rights of the Child, which
recognizes a child’s inherent right to life and the State’s obligations to ensure
the child’s survival and development.
“Breastfeeding has distinct advantages which benefit the infant and

the mother, including the hospital and the country that adopt its practice. It
is the first preventive health measure that can be given to the child at birth.
It also enhances mother infant relationship. Furthermore, the practice of
breastfeeding could save the country valuable foreign exchange that may
otherwise be used for milk importation.
“Breastmilk is the best food since it contains essential nutrients

completely suitable for the infant’s needs. It is also nature’s first immunization,
enabling the infant to fight potential serious infection. It contains growth
factors that enhance the maturation of an infant’s organ systems.
“Towards this end, the State shall promote and encourage breastfeeding
and provide the specific measures that would present opportunities for
mothers to continue expressing their milk and/or breastfeeding their infant
or young child.”
464

as follows:
“SEC. 3. Definition of Terms. -For purposes of this Act, the following

definitions are adopted:
“a) Age of gestation -the length of time the fetus is inside the mother’s
womb.
“b) Bottlefeeding - the method of feeding an infant using a bottle with

artificial nipples, the contents of which can be any type of fluid.
“c) Breastfeeding -the method of feeding an infant directly from the

human breast.
“d) Breastmilk -the human milk from a mother.
“e) Breastmilk substitute -any food being marketed or otherwise

represented as partial or total replacement of breastmilk whether or not
suitable for that purpose.
“f) Donor milk -the human milk from a nonbiological mother.
“g) Expressed breastmilk -the human milk which has been extracted
from the breast by hand or by breast pump. It can be fed to an infant using
a dropper, a nasogastric tube, a cup and spoon, or a bottle.
“h) Expressing milk -the act of extracting human milk from the breast
by hand or by pump into a container.
“i) Formula feeding -the feeding of a newborn with infant formula

usually by bottlefeeding. It is also called artificial feeding.
“j) Health institutions -are hospitals, health infirmaries, health centers,

lying-in centers, or puericulture centers with obstetrical and pediatric
services.
465
“k) Health personnel -are professionals and workers who manage

and/or administer the entire operations of health institutions and/or who are
involved in providing maternal and child health services.
“l) Health workers -all persons who are engaged in health and health-
related work, and all persons employed in all hospitals, sanitaria, health
infirmaries, health centers, rural health units, barangay health stations, clinics
and other health related establishments, whether government or private, and
shall include medical, allied health professional, administrative and support
personnel employed regardless of their employment status.
“m) Infant -a child within zero (0) to twelve (12) months of age.
“n) Infant formula -the breastmilk substitute formulated industrially

in accordance with applicable Codex Alimentarius standards, to satisfy the
normal nutritional requirements of infants up to six (6) months of age, and
adopted to their physiological characteristics.
“o) Lactation management -the general care of a mother-infant nursing

couple during the mother’s prenatal, immediate postpartum and postnatal
periods. It deals with educating and providing knowledge and information
to pregnant and lactating mothers on the advantages of breastfeeding, the
risks associated with breastmilk substitutes and milk products not suitable
as breastmilk substitutes such as, but not limited to, condensed milk and
evaporated milk, the monitoring of breastfeeding mothers by health workers
and breastfeeding peer counselors for service patients to ensure compliance
with the Department of Health, World Health Organization (WHO) and
the United Nations Children’s Fund (UNICEF) on the implementation of
breastfeeding policies, the physiology of lactation, the establishment and
maintenance of lactation, the proper care of the breasts and nipples, and
such other matters that would contribute to successful breastfeeding.
“p) Lactation stations -private, clean, sanitary, and well-ventilated

rooms or areas in the workplace or public places where nursing mothers
can wash up, breastfeed or express their milk comfortably and store this
afterward.
466
“q) Low birth weight infant -a newborn weighing less than two thousand
five hundred (2,500) grams at birth.
“r) Nursing employee -any female worker, regardless of employment

status, who is breastfeeding her infant and/or young child.
“s) Mother’s milk -the breastmilk from the newborn’s own mother.
“t) Non-health facilities, establishment or institution -public places

and working places, as defined in subparagraphs (u) and (y), respectively.
“u) Public place -enclosed or confined areas such as schools, public

transportation terminals, shopping malls, and the like.
“v) Rooming-in -the practice of placing the newborn in the same

room as the mother right after delivery up to discharge to facilitate mother-
infant bonding and to initiate breastfeeding. The infant may either share the
mother’s bed or be placed in a crib beside the mother.
“w) Seriously ill mothers -are those who are: with severe infections, in
shock, in severe cardiac or respiratory distress, or dying, or those with other
conditions that may be determined by the attending physician as serious.
“x) Wet-nursing -the feeding of a newborn from another mother’s

breast when his/her own mother cannot breastfeed.
“y) Workplace -work premises, whether private enterprises or

government agencies, including their subdivisions, instrumentalities and
government-owned and -controlled corporations.
“z) Young child -a child from the age of twelve (12) months and one
(1) day up to thirty-six (36) months.”

as follows:
467
“SEC. 4. Applicability. – The provisions in this Chapter shall apply

to all private enterprises as well as government agencies, including their
subdivisions and instrumentalities, and government-owned and -controlled
corporations.
“Upon application to, and determination by, the Secretary of the

Department of Labor and Employment for the private sector, and the
Chairperson of the Civil Service Commission for the public sector, all health
and non-health facilities, establishments and institutions may be exempted
for a renewable period of two (2) years from Section 6 of this Act where the
establishment of to the peculiar circumstances of the workplace or public
place taking into consideration, among others, number of women employees,
physical size of the establishment, and the average number of women who
visit.
“All health and non-health facilities, establishments or institutions which

are exempted in complying with the provisions of this Act but nevertheless
opted to comply are entitled to the benefits herein stated: Provided, That
they give their employees the privilege of using the same.”

as follows:
“SEC. 10. Provision of Facilities for Breastmilk Collection and Storage

for Health Institutions. – The health institution adopting rooming-in and
breastfeeding shall provide equipment, facilities, and supplies for breastmilk
collection, storage and utilization, the standards of which shall be defined by
the Department of Health. Health institutions are likewise encouraged to set
up milk banks for storage of breastmilk donated by mothers and which have
undergone pasteurization. The stored breastmilk will primarily be given to
children in the neonatal intensive care unit whose own mothers are seriously
ill.”
SEC. 6. A new Section 11, under a new Chapter, is added to read as

follows:
468
“CHAPTER III
“LACTATION STATIONS
“SEC. 11. Establishment of Lactation Stations. – It is hereby mandated

that all health and non-health facilities, establishments or institutions shall
establish lactation stations. The lactation stations shall be adequately provided
with the necessary equipments and facilities, such as lavatory for hand-
washing, unless there is an easily-accesible lavatory nearby, refrigeration
or appropriate cooling facilities for storing expressed breastmilk, electrical
outlets for breast pumps, a small table, comfortable seats, and other items,
the standards of which shall be defined by the Department of Health. The
lactation station shall not be located in the toilet.
“In addition, all health and non-health facilities, establishments or

institutions shall take strict measures to prevent any direct or indirect form
of promotion, marketing, and/or sales of infant formula and/or breastmilk
substitutes within the lactation stations, or in any event or circumstances
which may be conducive to the same.
“Apart from the said minimum requirements or institutions may provide

other suitable facilities, establishments or institutions may provide other
suitable facilities or services within the lactation station, all of which, upon
due substantiation, shall be considered eligible for purposes of Section 14
of this Act.”
SEC. 7. A new Section 12 is hereby added to read as follows:
“SEC. 12. Lactation Periods. – Nursing employees shall be granted

break intervals in addition to the regular time-off for meals to breastfeed
or express milk. These intervals, which shall include the time it takes an
employee to get to and from the workplace lactation station, shall be counted
as compensable hours worked. The Department of Labor and Employment
(DOLE) may adjust the same: Provided, That such intervals shall not be
less than a total of forty (40) minutes for every eight (8)-hour working
period.”
469
SEC. 8. Section 11, which shall be under the renumbered Chapter IV

of Republic Act No. 7600, is hereby amended to read as follows:
“CHAPTER IV
‘INFORMATION, EDUCATION AND RE-EDUCATION DRIVE
“SEC. 13. Continuing Education, Re-education and Training of Health

Workers and Health Institutions. – The Department of Health with the
assistance of other government agencies, professional and nongovernmental
organizations shall conduct continuing information, education, re-education,
and training programs for physicians, nurses, midwives, nutritionists-
dietitians, community health workers and traditional birth attendants (TBAs)
and other health workers on current and updated lactation management.
“Information materials shall be given to all health workers involved in

maternal and infant care in health institutions.”
SEC. 9. Section 12 of Republic Act No. 7600 is hereby renumbered and

“SEC. 14. Information Dissemination and Educational Programs to

Pregnant Women and Women of Reproductive Age. – During the prenatal,
perinatal and postnatal consultations and/or confinements of the mothers or
pregnant women in a health institution, it shall be the obligation of the health
institution and the health worker to immediately and continuously teach,
train, and support the women on current and updated lactation management
and infant care, through participatory strategies such as organization of
mothers’ clubs and breastfeeding support groups and to distribute written
information materials on such matters free of charge.
“The Department of Health is hereby mandated to develop and

provide breastfeeding programs for working mothers whose employers
are encouraged to avail of it as part of their human resource development
programs.
470
“To equip women of reproductive age with accurate information on

maternal nutrition and proper nourishment in preparation for successful and
sustainable breastfeeding, the Department of Health is likewise mandated
to produce and make available relevant information and programs which
should be disseminated to all city, municipal and barangay health centers.
“Employers are also highly encouraged to develop breastfeeding or

lactation support programs which main functions are to assess the needs
of lactating women in their company and provide pregnant and lactating
employees with adequate information regarding lactation management in
the form of brochures, pamphlets and other educational materials.”
“SEC. 15. Integration of Breastfeeding Education in the Curricula.

–To encourage and promote breastfeeding, the Department of Education,
the Commission on Higher Education, and the Technical Education and
Skills Development Authority shall integrate in the relevant subjects in the
elementary, high school, and college levels, especially in the medical and
allied medical courses, and in technical vocational education, the importance,
benefits, methods or techniques of breastfeeding, and change of societal
attitudes towards breastfeeding.”
“SEC. 16. Breastfeeding Awareness Month. – To raise awareness

on the importance of and to further promote breastfeeding, the month of
August in each and every year throughout the Philippines shall be known
as ‘Breastfeeding Awareness Month’.”
“SEC. 17. Public Education and Awareness Program. – To ensure

the meaningful observance of breastfeeding month as herein declared, a
comprehensive national public education and awareness program shall be
undertaken in order to achieve the following objectives:
471
“a) To protect, promote and support breastfeeding in the Philippines

as the normal, natural and preferred method of feeding infants and young
children;
“b) To guarantee the rightful place of breastfeeding in society as a time

honored tradition and nurturing value as well as a national health policy that
must be enforced;
“c) To provide ir.1ormation about the benefits and superiority of

breastfeeding and the high risks and costs of bottlefeeding;
“d) To generate awareness on, and full enforcement of, national and
international laws, codes, policies and programs on the promotion and
protection of safe and adequate nutrition for infants and young children by
promoting and protecting breastfeeding and by regulating the marketing of
certain foods and feeding bottles, teats and pacifiers; and
“e) To instill recognition and support and ensure access to comprehensive,

current and culturally appropriate lactation care and services for all women,
children and families, including support for breastfeeding mothers in the
work force.
“The Department of Health shall lead in the implementation of the

comprehensive national public education and awareness program on
breastfeeding through a collaborative interagency and multi-sectoral effort
at all levels.”
SEC. 13. A new Section 18, which shall be under the renumbered Chapter
V of Republic Act No. 7600, is hereby added to read as follows:
“CHAPTER V
“MISCELLANEOUS PROVISIONS
“SEC. 18. Department of Health Certification. – Any health and non-

health facility, establishment or institution satisfying the requirements of
472
Sections 6 and 7 herein relative to a proper lactation station may apply with
the local Department of Health office for a ‘working mother-baby friendly’
certification. The Department of Health shall promulgate guidelines to
determine eligibility for such certification, which shall include an annual
Department of Health inspection to confirm the continued compliance with
its standards.
“The Department of Health shall maintain a list of ‘mother-baby-

friendly’ establishments, which it shall make available to the public.”
SEC. 14. Section 13 of Republic Act No. 7600 is hereby renumbered

and amended to read as follows:
“SEC. 19. Incentives. – The expenses incurred by a private health

and non-health facility, establishment or institution, in complying with the
provisions of this Act, shall be deductible expenses for income tax purposes
up to twice the actual amount incurred: Provided, That the deduction shall
apply for the taxable period when the expenses were incurred: Provided,
further, That all health and non-health facilities, establishments and
institutions shall comply with the provisions of this Act within six (6) months
after its approval: Provided, finally, That such facilities, establishments or
institutions shall secure a “Working Mother-Baby-Friendly Certificate” from
the Department of Health to be filed with the Bureau of Internal Revenue,
before they can avail of the incentive.
“Government facilities, establishments or institutions shall receive an

additional appropriation equivalent to the savings they may derive as a result
of complying with the provisions of this Act. The additional appropriation
shall be included in their budget for the next fiscal year.”
SEC. 15. A new Section 20 shall be added to read as follows:
“SEC. 20. Impelementing Agency. – The Department of Health shall

be principally responsible for the implementation and enforcement of the
provisions of this Act.”
473
SEC. 16. Section 14 of Republic Act No. 7600 is hereby renumbered

and amended to read as follows:
“SEC. 21. Sanctions. – Any private non-health facility, establishment

and institution which unjustifiably refuses or fails to comply with Sections
6 and 7 of this Act shall be imposed a fine of not less than Fifty thousand
pesos (Php50,000.00) but not more than Two hundred thousand pesos
(Php200,000.00) on the first offense.
“On the second offense, a fine of not less than Two hundred thousand
pesos (Php200,000.00) but not more than Five hundred thousand pesos
(Php500,000.00).
“On the third offense, a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00)
and the cancellation or revocation of the business permits or licenses to
operate.
“In all cases, the fine imposed should take into consideration, among
others, number of women employees, physical size of the establishment,
and the average number of women who visit.
“In addition, the Secretary of Health is hereby empowered to impose

sanctions on health institution for the violation of this Act and the rules issued
thereunder. Such sanctions may be in the form of reprimand or censure and
in cases of repeated willful violations, suspension of the permit to operate
of the erring health institution.
“Heads, officials and employees of government health and non-health

facilities, establishments and institutions who violate this Act shall further
be subject to the following administrative penalties:
“First offense -Reprimand;
“Second offense -Suspension for one (1) to thirty (30) days; and
474
“Third offense -Dismissal.
“This shall be without prejudice to other liabilities applicable under

civil service law and rules.”
SEC. 17. Funding. – Government agencies, including their subdivisions

and instrumentalities, shall use their respective budget for gender and
development or their budgets for repairs, maintenance and materials
acquisition to comply with Section 6 hereof.
SEC. 18. Rules and Regulations. – The Department of Health, as the lead
agency, in coordination with the Department of Labor and Employment, the
Department of Trade and Industry, the Department of Justice, the Department
of Social Welfare and Development, the Department of Education, the
Department of the Interior and Local Government, the Civil Service
Commission, the Commission on Higher Education, the Technical Education
and Skills Development Authority and professional and nongovernmental
organizations concerned, shall issue within one hundred and twenty (120)
days upon its effectivity the rules and regulations necessary to carry out the
provisions of this Act.
SEC. 19. Separability Clause. – If any clause, sentence, paragraph or

part of this Act shall be declared to be invalid, the remainder of this Act or
any provision not affected thereby shall remain in force and effect.

orders, rules and regulations or parts thereof which are not consistent with
this Act are hereby repealed, amended or modified accordingly.
of general circulation, whichever comes earlier.
475
Approved,

of Representatives
Bill Nos. 879, 4012 and 6076 was finally passed by the Senate and House
of Representatives on December 16, 2009.

476
TITLE1
PART I
CHILD SPECIFIC LAWS
q Legal Issuances
ü
477
TITLE1
478
CHILD SPECIFIC LAWS - EXECUTIVE ISSUANCES
MALACAÑANG
Manila
PRESIDENTIAL DECREE NO. 148
AMENDING FURTHER CERTAIN SECTIONS OF REPUBLIC ACT

NUMBERED SIX HUNDRED SEVENTY-NINE, AS AMENDED,
COMMONLY KNOWN AS THE WOMAN AND CHILD LABOR
LAW.
WHEREAS, under Section 9, Article II of the New Constitution, the

State shall among other policies, afford protection to labor, promote full
employment and equality in employment, ensure equal work opportunities
regardless of sex, race, or creed, and regulate the relations between workers
and employers;
WHEREAS, there is an urgent need to translate these policies into

meaningful reality consistent with the demands of national development
particularly in so far as the employment of women and minors is
concerned;
WHEREAS, to effect these objectives, it is necessary to amend further

Republic Act No. 679, commonly known as the Woman and Child Labor
Law;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines by virtue of the powers vested in me under the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant
to Proclamation No. 1081 dated September 21, 1972, General Order No. 1,
dated September 22, 1972 as amended, do hereby amend certain sections
or provisions of R.A. No. 679, as amended to wit:
SECTION 1. Section one of the Republic Act Numbered Six hundred

and seventy-nine, as amended, is further amended to read as follows:
479
“SECTION. 1. Minimum Employable Age. – No child below 14 years

of age shall be employed by any employer, except where the child works
directly under the sole responsibility of his parent or guardian, involving
activities which are not hazardous in nature and which do not in any way
interfere with his schooling.”
SEC. 2. Section two of the same Act is repealed, and in lieu thereof, a
new section is inserted to read as follows:
“SEC. 2. Age Eligibility for Employment. – Any person between 14

and 18 years of age may be employed in any non-hazardous undertaking as
determined by the Secretary of Labor. The employer shall not discriminate
against any such person in respect to terms and conditions of employment
on account of his age.”
SEC. 3. Section 3 of the same Act is repealed and in lieu thereof, a new
Section is inserted to read as follows:
“SEC. 3. Additional coverage. – Any woman who is permitted or

suffered to work, with or without compensation in any nightclubs, cocktail
lounges, bars, massage clinics, or in any similar places, shall be considered
as employees of such establishments for purposes of this and other existing
labor and social legislations.”
SEC. 4. Section 7 of the same Act is further amended by amending

paragraph (b) to read as follows:
“(b) No woman, regardless of age, shall be allowed to work, with

or without compensation, in any industrial undertaking or branch thereof
between ten o’clock at night and six o’clock in the morning of the following
day, except for activities which may be allowed by the Secretary of Labor
through implementing rules and regulations.”
SEC. 5. Section 8 of the same Act is further amended to read as

follows:
480
“SEC. 8. Maternity Leave Benefits.
(a) Every employer shall grant to any pregnant woman employee who
has rendered an aggregate service of at least six months for the last twelve
months, maternity leave of at least two weeks prior to the expected date of
delivery and another four weeks after normal delivery or abortion, with full
pay based on her regular or average weekly wages. The employer may require
from any woman employee applying for maternity leave the production of a
medical certificate stating that delivery will probably take place within two
weeks.
(b) The maternity leave shall be extended without pay on account of

illness medically certified to arise out of the pregnancy, delivery, abortion, or
miscarriage, which renders the woman unfit for work, unless she has earned
unused leave credits from which such extended leave may be charged.
(c) The maternity leave provided in the preceding paragraph shall be

paid by the employer only for the first four deliveries by a woman employee
after the effectivity of this Decree.
(d) The Secretary of Labor may by regulation require an employer

to establish a nursery in his workplace for the benefit of his women
employees.
(e) Establishments which are required by law to maintain a clinic or

infirmary shall provide free family planning services to their employees
which shall include, but not limited to, the application or use of contraceptive
and/or intra-uterine devices.
(f) In coordination with the other agencies of the Government engaged

in the promotion of family planning, the Department of Labor shall develop
and prescribe incentive bonus schemes to encourage family planning among
the married workers in any establishment or enterprise.”
SEC. 6. Section 9 of the same Act is further amended by amending

paragraph (b) and by adding thereto paragraph (c) to read as follows:
481
“(b) It shall be the duty of every employer to give his employees not
less than sixty minutes time-off for their regular meals, unless otherwise
prescribed by the Secretary of Labor.
(c) The Secretary of Labor shall also establish standards that will insure
the health and safety of women employees.”
SEC. 7. Section 10 of the same Act is hereby repealed.
SEC. 8. Section 12 of the same Act as amended, is further amended by

amending paragraph (c) to read as follows:
“(c) It shall be unlawful for an employer to require as a condition of

employment or continuation of employment that a woman employee shall
not get married, or to stipulate expressly or tacitly that upon getting married
a woman employee shall be deemed resigned or separated, or to actually
dismiss; discharge, discriminate or otherwise prejudice a woman employee
merely by reason of her marriage.”
SEC. 9. Repealing Clause. – All laws, decrees, orders and regulations

or parts thereof, which are contrary to or inconsistent with this Decree are
hereby repealed.
SEC. 10. Effectivity. – This Decree shall take effect immediately.
Done in the City of Manila, this 13th day of March, nineteen hundred
and seventy-three.
(Sgd) FERDINAND E. MARCOS

By the President:
(Sgd) ROBERTO V. REYES

Assistant Executive Secretary
482
MALACAÑANG
Manila
THE CHILD AND YOUTH WELFARE CODE
I, FERDINAND E. MARCOS, President of the Philippines, by virtue

of the powers vested in me by the Constitution, do hereby order and decree
the following:
Title I
GENERAL PRINCIPLES
ARTICLE 1. Declaration of Policy. – The Child is one of the most

important assets of the nation. Every effort should be exerted to promote
his welfare and enhance his opportunities for a useful and happy life.
The child is not a mere creature of the State. Hence, his individual
traits and aptitudes should be cultivated to the utmost insofar as they do not
conflict with the general welfare.
The molding of the character of the child starts at the home.

Consequently, every member of the family should strive to make the home
a wholesome and harmonious place as its atmosphere and conditions will
greatly influence the child’s development.
Attachment to the home and strong family ties should be encouraged but
not to the extent of making the home isolated and exclusive and unconcerned
with the interests of the community and the country.
The natural right and duty of parents in the rearing of the child for civic
efficiency should receive the aid and support of the government.
483
Other institutions, like the school, the church, the guild, and the
community in general, should assist the home and the State in the endeavor
to prepare the child for the responsibilities of adulthood.
ART. 2. Title and scope of code. – The Code shall be known as the
Child and Youth Welfare Code. It shall apply to persons below twenty-one
years of age except those emancipated in accordance with law. “Child” or
“minor” or “youth” as used in this Code, shall refer to such persons.
ART. 3. Rights of the 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.
(1) 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.
(2) 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 security.
The dependent or abandoned child shall be provided with the nearest

substitute for a home.
(3) 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 physically or mentally handicapped child shall be given the

treatment, education and care required by his particular condition.
484
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) Every child has the right to the care, assistance, and protection
of the State, particularly when his parents or guardians fail or are unable
to provide him with his fundamental needs for growth, development, and
improvement.
(11) 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.
(12) 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.
485
ART. 4. Responsibilities of the Child. – Every child, regardless of the

circumstances of his birth, sex, religion, social status, political antecedents
and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the
tenets of his religion, the teachings of his elders and mentors, and the biddings
of a clean conscience;
(2) Love, respect and obey his parents, and cooperate with them in the
strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and
helpfulness, and endeavor with them to keep the family harmonious and
united;
(4) Exert his utmost to develop his potentialities for service, particularly
by undergoing a formal education suited to his abilities, in order that he may
become an asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of
our people, the memory of our heroes, the duly constituted authorities, the
laws of our country, and the principles and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the

general welfare, always bearing in mind that it is the youth who will
eventually be called upon to discharge the responsibility of leadership in
shaping the nation’s future; and
(7) Help in the observance of individual human rights, the strengthening

of freedom everywhere, the fostering of cooperation among nations in the
pursuit of their common aspirations for programs and prosperity, and the
furtherance of world peace.
ART. 5. Commencement of Civil Personality. – The civil personality of

the child shall commence from the time of his conception, for all purposes
favorable to him, subject to the requirements of Article 41 of the Civil
Code.
486
ART. 6. Abortion. – The abortion of a conceived child, whether such

act be intentional or not, shall be governed by the pertinent provisions of
the Revised Penal Code.
ART. 7. Non-disclosure of Birth Records. – The 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 of kin.
Any person violating the prohibition shall suffer the penalty of

imprisonment of at least two months or a fine in an amount not exceeding
five hundred pesos, or both, in the discretion of the court.
ART. 8. Child’s Welfare Paramount. – In all questions regarding the

care, custody, education and property of the child, his welfare shall be the
paramount consideration.
ART. 9. Levels of Growth. – The child shall be given adequate care,

assistance and guidance through his various levels of growth, from infancy
to early and later childhood, to puberty and adolescence, and when necessary
even after he shall have attained age 21.
ART. 10. Phases of Development. – The child shall enjoy special

protection and shall be given opportunities and facilities, by law and by other
means, to ensure and enable his fullest development physically, mentally,
emotionally, morally, spiritually and socially in a healthy and normal manner
487
and in conditions of freedom and dignity appropriate to the corresponding

developmental stage.
ART. 11. Promotion of Health. – The promotion of the Child’s health

shall begin with adequate pre-natal and post-natal care both for him and his
mother. All appropriate measures shall be taken to insure his normal total
development.
It shall be the responsibility of the health, welfare, and educational

entities to assist the parents in looking after the health of the child.
ART. 12. Education. – The schools and other entities engaged in non-
formal education shall assist the parents in providing the best education for
the child.
ART. 13. Social and Emotional Growth. – Steps shall be taken to insure
the child’s healthy social and emotional growth. These shall be undertaken
by the home in collaboration with the schools and other agencies engaged
in the promotion of child welfare.
ART. 14. Morality. – High moral principles should be instilled in the

child, particularly in the home, the school, and the church to which he
belongs.
ART. 15. Spiritual Values. – The promotion of the child’s spiritual well-
being according to the precepts of his religion should, as much as possible,
be encouraged by the State.
ART. 16. Civic Conscience. – The civic conscience of the child shall
not be overlooked. He shall be brought up in an atmosphere of universal
understanding, tolerance, friendship, and helpfulness and in full consciousness
of his responsibilities as a member of society.
488
Title II
CHILD AND YOUTH WELFARE AND THE HOME
CHAPTER 1
Parental Authority
SECTION A. In General
ART. 17. Joint Parental Authority. – The father and mother shall
exercise jointly just and reasonable parental authority and responsibility over
their legitimate or adopted children. In case of disagreement, the father’s
decision shall prevail unless there is a judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving

parent shall continue to exercise parental authority over such children, unless
in case of the surviving parent’s remarriage, the court, for justifiable reasons,
appoints another person as guardian.
In case of separation of his parents, no child under five years of age

shall be separated from his mother, unless the court finds compelling reasons
to do so.
ART. 18. Grandparents. – Grandparents shall be consulted on important

family questions but they shall not interfere in the exercise of parental
authority by the parents.
ART. 19. Absence or Death of Parents. – Grandparents and in their

default, the oldest brother or sister who is at least eighteen years of age,
or the relative who has actual custody of the child, shall exercise parental
authority in case of absence or death of both parents, unless a guardian has
been appointed in accordance with the succeeding provision.
ART. 20. Guardian. – The court may, upon the death of the parents
and in the cases mentioned in Arts. 328 to 332 of the Civil Code, appoint a
guardian for the person and property of the child, on petition of any relative
or friend of the family or the Department of Social Welfare.
489
ART. 21. Dependent, Abandoned or Neglected Child. – The dependent,

abandoned or neglected child shall be under the parental authority of a
suitable or accredited person or institution that is caring for him as provided
for under the four preceding articles, after the child has been declared
abandoned by either the court or the Department of Social Welfare.
ART. 22. Transfer to the Department of Social Welfare. – The dependent,

abandoned or neglected child may be transferred to the care of the Department
of Social Welfare or a duly licensed child-caring institution or individual in
accordance with Articles 142 and 154 of this Code, or upon the request of
the person or institution exercising parental authority over him.
From the time of such transfer, the Department of Social Welfare or

the duly licensed child-caring institution or individual shall be considered
the guardian of the child for all intents and purposes.
ART. 23. Case Study. – It shall be the duty of the Department of Social
Welfare to make a case study of every child who is the subject of guardianship
or custody proceedings and to submit its report and recommendations on
the matter to the court for its guidance.
ART. 24. Intervention of Department of Social Welfare. – The Department

of Social Welfare shall intervene on behalf of the child if it finds, after its
case study, that the petition for guardianship or custody should be denied.
ART. 25. Hearings Confidential. – The hearing on guardianship and

custody proceedings may, at the discretion of the court, be closed to the
public and the records thereof shall not be released without its approval.
ART. 26. Repealing Clause. – All provisions of the Civil Code on

parental authority which are not inconsistent with the provisions of this
Chapter shall remain in force: Provided, That Articles 334 up to 348 inclusive
on Adoption, are hereby expressly repealed and replaced by Section B of
this Chapter.
SECTION B. Adoption
490
ART. 27. Who May Adopt. – Any person of age and in full possession
of his civil rights may adopt: Provided, That he is in a position to support
and care for his legitimate, legitimated, acknowledged natural children, or
natural children by legal fiction, or other illegitimate children, in keeping
with the means, both material and otherwise, of the family. In all cases of
adoption the adopter must be at least fifteen years older than the person to
be adopted.
ART. 28. Who May Not Adopt. – The following persons may not
adopt:
(1) A married person without the written consent of the spouse;
(2) The guardian with respect to the ward prior to final approval of his
accounts;
(3) Any person who has been convicted of a crime involving moral
turpitude;
(4) An alien who is disqualified to adopt according to the

laws of his own country or one with whose government the Republic of the
Philippines has broken diplomatic relations.
ART. 29. Adoption by Husband and Wife. – Husband and Wife may
jointly adopt. In such case, parental authority shall be exercised as if the
child were their own by nature.
ART. 30. Who May Not Be Adopted. – The following may not be
adopted:
(1) A married person, without the written consent of the spouse;
(2) An alien with whose government the Republic of the Philippines

has broken diplomatic relations;
(3) A person who has already been adopted unless the adoption has
been previously revoked or rescinded in accordance with this Chapter.
491
ART. 31. Whose Consent is Necessary. – The written consent of the

following to the adoption shall be necessary:
(1) The person to be adopted, if fourteen years of age or over;
(2) The natural parents of the child or his legal guardian of the
Department of Social Welfare or any duly licensed child placement agency
under whose care the child may be;
(3) The natural children, fourteen years and above, of the adopting
parents.
ART. 32. Hurried Decisions. – In all proceedings for adoption, steps

should be taken by the court to prevent the natural parents from making
hurried decisions caused by strain or anxiety to give up the child, and to
ascertain, that all measures to strengthen the family have been exhausted
and that any prolonged stay of the child in his own home will be inimical
to his welfare and interest.
ART. 33. Case Study. – No petition for adoption shall be granted unless
the Department of Social Welfare, or the Social Work and Counseling
Division, in case of Juvenile and Domestic Relations Courts, has made a case
study of the child to be adopted, his natural parents as well as the prospective
adopting parents, and has submitted its report and recommendations on the
matter to the court hearing such petition. The Department of Social Welfare
shall intervene on behalf of the child if it finds, after such case study, that
the petition should be denied.
ART. 34. Procedure. – The proceedings for adoption shall be governed by

the Rules of Court in so far as they are not in conflict with this Chapter.
ART. 35. Trial Custody. – No petition for adoption shall be finally granted
unless and until the adopting parents are given by the court a supervised
trial custody period of at least six months to assess their adjustment and
emotional readiness for the legal union. During the period of trial custody
parental authority shall be vested in the adopting parents.
492
The court may, upon its own motion or on motion of the petitioner,
reduce or dispense with the trial period if it finds that it is to the best interest
of the child. In such case, the court shall state its reasons for reducing said
period.
ART. 36. Decree of Adoption. – If, after considering the report of the
Department of Social Welfare or duly licensed child placement agency and
the evidence submitted before it, the court is satisfied that the petitioner is
qualified to maintain, care for, and educate the child, that the trial custody
period has been completed, and that the best interests of the child will be
promoted by the adoption, a decree of adoption shall be entered, which shall
be effective as of the date the original petition was filed. The decree shall
state the name by which the child is thenceforth to be known.
ART. 37. Civil Registry Record. – The adoption shall be recorded in the
local civil register and shall be annotated on the record of birth, and the same
shall entitle the adopted person to the issuance of an amended certificate of
birth.
ART. 38. Confidential Nature of Proceedings and Records. – All hearings

in adoption cases shall be confidential and shall not be open to the public.
All records, books and papers relating to the adoption cases in the files of
the court, of the Department of Social Welfare, and of any other agency or
institution participating in the adoption proceedings, shall be kept strictly
confidential.
Subject to the provisions of Article 7, in any case in which information

from such records, books and papers is needed, the person or agency
requesting the release of the information may file a petition to the court
which entered the decree of adoption for its release. If the court finds that
the disclosure of the information is necessary for purposes connected with
or arising out of the adoption and will be for the best interests of the child,
the court may permit the necessary information to be released, restricting
the purposes for which it may be used.
ART. 39. Effects of Adoption. – The adoption shall:
493
(1) Give to the adopted person the same rights and duties as if he were
a legitimate child of the adopter: Provided, That an adopted child cannot
acquire Philippine citizenship by virtue of such adoption;
(2) Dissolve the authority vested in the natural parent or parents, except
where the adopter is the spouse of the surviving natural parent;
(3) Entitle the adopted person to use the adopter’s surname; and
(4) Make the adopted person a legal heir of the adopter: Provided,
That if the adopter is survived by legitimate parents or ascendants and by
an adopted person, the latter shall not have more successional rights than an
acknowledged natural child: Provided, further, That any property received
gratuitously by the adopted from the adopter shall revert to the adopter should
the former predecease the latter without legitimate issue unless the adopted has,
during his lifetime, alienated such property: Provided, finally, That in the last
case, should the adopted leave no property other than that received from the
adopter, and he is survived by illegitimate issue or a spouse, such illegitimate
issue collectively or the spouse shall receive one-fourth of such property; if
the adopted is survived by illegitimate issue and a spouse, then the former
collectively shall receive one-fourth and the latter also one-fourth, the rest
in any case reverting to the adopter, observing in the case of the illegitimate
issue the proportion provided for in Article 895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose
parents by nature shall inherit from him, except that if the latter are both
dead, the adopting parent or parents take the place of the natural parents in
the line of succession, whether testate or interstate.
ART. 40. Rescission by Adopted. – The adopted person or the Department

of Social Welfare or any duly licensed child placement agency if the adopted
is still a minor or otherwise incapacitated, may ask for the rescission of the
adoption on the same grounds that cause the loss of parental authority under
the Civil Code.
ART. 41. Revocation by Adopter. – The adopter may petition the court
for the revocation of the adoption in any of these cases:
494
(1) If the adopted person has attempted against the life of the adopter
and/or his spouse;
(2) When the adopted minor has abandoned the home of the adopter for
more than three years and efforts have been exhausted to locate the minor
within the stated period;
(3) When by other acts the adopter person has definitely repudiated the
adoption.
ART. 42. Effects of Rescission or Revocation. – Where the adopted minor

has not reached the age of majority at the time of the revocation or rescission
referred to in the next preceding articles, the court in the same proceeding
shall determine whether he should be returned to the parental authority of
his natural parents or remitted to the Department of Social Welfare or any
duly licensed child placement agency or whether a guardian over his person
and property should be appointed.
Where the adopted child has reached the age of majority, the revocation or
rescission, if and when granted by the court, shall release him from all obligations
to his adopting parents and shall extinguish all his rights against them: Provided,
That if the said adopted person is physically or mentally handicapped as to
need a guardian over his person or property, or both, the court may appoint
a guardian in accordance with the provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to
continue using the adopter’s surname and the court shall order the amendment
of the records in the Civil Register in accordance with its decision.
CHAPTER 2
Rights of Parents
ART. 43. Primary Right of Parents. – The parents shall have the right
to the company of their children and, in relation to all other persons or
institutions dealing with the child’s development, the primary right and
obligation to provide for their upbringing.
495
ART. 44. Rights Under the Civil Code. – Parents shall continue to
exercise the rights mentioned in Articles 316 to 326 of the Civil Code over
the person and property of the child.
ART. 45. Right to Discipline Child. – Parents have the right to discipline
the child as may be necessary for the formation of his good character, and
may therefore require from him obedience to just and reasonable rules,
suggestions and admonitions.
CHAPTER 3
Duties of Parents
ART. 46. General Duties. – Parents shall have the following general
duties toward their children:
(1) To give him affection, companionship and understanding;
(2) To extend to him the benefits of moral guidance, self-discipline and

religious instruction;
(3) To supervise his activities, including his recreation;
(4) To inculcate in him the value of industry, thrift and self-reliance;
(5) To stimulate his interest in civic affairs, teach him the duties of
citizenship, and develop his commitment to his country;
(6) To advise him properly on any matter affecting his development

and well-being;
(7) To always set a good example;
(8) To provide him with adequate support, as defined in Article 290 of

the Civil Code; and
(9) To administer his property, if any, according to his best interests,

subject to the provisions of Article 320 of the Civil Code.
496
ART. 47. Family Affairs. – Whenever proper, parents shall allow the
child to participate in the discussion of family affairs, especially in matters
that particularly concern him. In cases involving his discipline, the child
shall be given a chance to present his side.
ART. 48. Winning Child’s Confidence. – Parents shall endeavor to win

the child’s confidence and to encourage him to conduct with them on his
activities and problems.
ART. 49. Child Living Away from Home. – If by reason of his studies
or for other causes, a child does not live with his parents, the latter shall
communicate with him regularly and visit him as often as possible. The
parents shall see to it that the child lives in a safe and wholesome place and
under responsible adult care and supervision.
ART. 50. Special Talents. – Parents shall endeavor to discover the child’s
talents or aptitudes, if any, and to encourage and develop them. If the child
is especially gifted, his parents shall report this fact to the National Center
for Gifted Children or to other agencies concerned so that official assistance
or recognition may be extended to him.
ART. 51. Reading Habit. – The reading habit should be cultivated in

the home. Parents shall, whenever possible, provide the child with good
and wholesome reading material, taking into consideration his age and
emotional development. They shall guard against the introduction in the
home of pornographic and other unwholesome publications.
ART. 52. Association with Other Children. – Parents shall encourage

the child to associate with other children of his own age with whom he can
develop common interests of useful and salutary nature. It shall be their
duty to know the child’s friends and their activities and to prevent him from
falling into bad company. The child should not be allowed to stay out late
at night to the detriment of his health, studies or morals.
ART. 53. Community Activities. – Parents shall give the child every
opportunity to form or join social, cultural, educational, recreational, civic or
religious organizations or movements and other useful community activities.
497
ART. 54. Social Gatherings. – When a party or gathering is held, the

parents or a responsible person should be present to supervise the same.
ART. 55. Vices. – Parents shall take special care to prevent the child
from becoming addicted to intoxicating drinks, narcotic drugs, smoking,
gambling, and other vices or harmful practices.
ART. 56. Choice of career. – The child shall have the right to choose
his own career. Parents may advise him on this matter but should not impose
on him their own choice.
ART. 57. Marriage. – Subject to the provisions of the Civil Code,

the child shall have the prerogative of choosing his future spouse. Parents
should not force or unduly influence him to marry a person he has not freely
chosen.
CHAPTER 4
Liabilities of Parents
ART. 58. Torts. – Parents and guardians are responsible for the damage
caused by the child under their parental authority in accordance with the
Civil Code.
ART. 59. Crimes. – Criminal liability shall attach to any parent who:
(1) Conceals or abandons the child with intent to make such child lose
his civil status.
(2) Abandons the child under such circumstances as to deprive him of

the love, care and protection he needs.
(3) Sells or abandons the child to another person for valuable

consideration.
(4) Neglects the child by not giving him the education which the family’s
station in life and financial conditions permit.
498
(5) Fails or refuses, without justifiable grounds, to enroll the child as

required by Article 72.
(6) Causes, abates, or permits the truancy of the child from the school
where he is enrolled. “Truancy” as here used means absence without cause
for more than twenty schooldays, 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.
(7) 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.
(8) Inflicts cruel and unusual punishment upon the child or deliberately
subjects him to indignation and other excessive chastisement that embarrass
or humiliate him.
(9) Causes or encourages the child to lead an immoral or dissolute

life.
(10) Permits the child to possess, handle or carry a deadly weapon,

regardless of its ownership.
(11) 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.
“Parents” as here used shall include the guardian and the head of the
institution or foster home which has custody of the child.
ART. 60. Penalty. – The acts mentioned in the preceding article shall be
punishable with imprisonment from two to six months or a fine not exceeding
five hundred pesos, or both, at the discretion of the Court, unless a higher
penalty is provided for in the Revised Penal Code or special laws, without
499
prejudice to actions for the involuntary commitment of the child under Title
VIII of this Code.
CHAPTER 5
Assistance to Parents
ART. 61. Admonition to Parents. – Whenever a parent or guardian is

found to have been unreasonably neglectful in the performance of his duties
toward the child, he shall be admonished by the Department of Social Welfare
or by the local Council for the Protection of Children referred to in Article
87.
Whenever a child is found delinquent by any court, the father, mother

or guardian may be judicially admonished.
ART. 62. Medical and Dental Services. – If the child has special health
problems, his parents shall be entitled to such assistance from the government
as may be necessary for his care and treatment in addition to other benefits
provided for under existing law.
ART. 63. Financial Aid and Social Services to Needy Families. – Special
financial or mental aid and social services shall be given to any needy
family, to help it maintain the child or children in the home and prevent their
placement elsewhere.
The amount of such aid shall be determined by the Department of Social

Welfare, taking into consideration, among other things, the self-employment
of any of the family members and shall be paid from any funds available for
the purpose.
ART. 64. Assistance to Widowed or Abandoned Parent and Her Minor

Dependents. – The State shall give assistance to widowed or abandoned
parent or where either spouse is on prolonged absence due to illness,
imprisonment, etc. and who is unable to support his/her children. Financial
and other essential social services shall be given by the National Government
or other duly licensed agencies with similar functions to help such parent
500
acquire the necessary knowledge or skill needed for the proper care and
maintenance of the family.
ART. 65. Criterion for Aid. – The criteria to determine eligibility for
the aid mentioned in the next two preceding articles shall be (1) the age of
the child or children (2) the financial condition of the family, (3) the degree
of deprivation of parental care and support, and (4) the inability to exercise
parental authority.
ART. 66. Assistance to Unmarried Mothers and Their Children. –

Any unmarried mother may, before and after the birth of the child, seek
the assistance and advice of the Department of Social Welfare or any duly
licensed child placement agency. The said agencies shall offer specialized
professional services which include confidential help and protection to such
mother and her child, including placement of the child for adoption whenever
warranted and enforcement of such mother’s rights, if any, against the father
of such child.
CHAPTER 6
Foster-Care
ART. 67. Foster Homes. – Foster Homes shall be chosen and supervised
by the Department of Social Welfare or any duly licensed child placement
agency when and as the need therefore arises. They shall be run by married
couples, to be licensed only after thorough investigation of their character,
background, motivation and competence to act as foster parents.
ART. 68. Institutional Care. – Assignment of the child to a foster home

shall be preferred to institutional care. Unless absolutely necessary, no child
below nine years of age shall be placed in an institution. An older child may
be taken into an institution for child care if a thorough social case study
indicates that he will derive more benefit therefrom.
ART. 69. Day-care service and other substitute parental arrangement. –

Day-care service and other substitute parental arrangement shall be provided
a child whose parents and relatives are not able to care for him during the
day. Such arrangements shall be the subject of accreditation and licensing
501
by the Department of Social Welfare.
ART. 70. Treatment of Child Under Foster Care. – A child under foster
care shall be given, as much as possible, the affection and understanding
that his own parents, if alive or present, would or should have extended to
him. Foster care shall take into consideration the temporary nature of the
placement and shall not alienate the child from his parents.
Title III.
CHILD AND YOUTH WELFARE AND EDUCATION
CHAPTER I
Access to Educational Opportunities
ART. 71. Admission to Schools. – The state shall see to it that no child
is refused admission in public schools. All parents are required to enroll their
children in schools to complete, at least, an elementary education.
ART. 72. Assistance. – To implement effectively the compulsory

education policy, all necessary assistance possible shall be given to parents,
specially indigent ones or those who need the services of children at home,
to enable the children to acquire at least an elementary education. Such
assistance may be in the form of special school programs which may not
require continuous attendance in school, or aid in the form of necessary
school supplies, school lunch, or whatever constitutes a bar to a child’s
attendance in school or access to elementary education.
ART. 73. Nursery School. – To further help promote the welfare of

children of working mothers and indigent parents, and in keeping with the
Constitutional provision on the maintenance of an adequate system of public
education, public nursery and kindergarten schools shall be maintained,
whenever possible. The operation and maintenance of such schools shall be
the responsibility of local governments. Aid from local school board funds,
when available, may be provided.
ART. 74. Special Classes. – Where needs warrant, there shall be at least
special classes in every province, and, if possible, special schools for the
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physically handicapped, the mentally retarded, the emotionally disturbed,

and the specially gifted. The private sector shall be given all the necessary
inducement and encouragement to establish such classes or schools.
ART. 75. School Plants and Facilities. – Local school officials and
local government officials shall see to it that school children and students
are provided with adequate schoolrooms and facilities including playground,
space, and facilities for sports and physical development activities. Such
officials should see to it that the school environment is free from hazards
to the health and safety of the students and that there are adequate safety
measures for any emergencies such as accessible exits, firefighting equipment,
and the like. All children shall have the free access to adequate dental and
medical services.
CHAPTER II
The Home and the School
ART. 76. Role of the Home. – The home shall fully support the school in
the implementation of the total school program - curricular and co-curricular
- toward the proper physical, social, intellectual and moral development of
the child.
ART. 77. Parent-Teacher Associations. – Every elementary and

secondary school shall organize a parent-teacher association for the purpose
of providing 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. All parents who
have children enrolled in a school are encouraged to be active members of
its PTA, and to comply with whatever obligations and responsibilities such
membership entails.
Parent-Teacher Association all over the country shall aid the municipal
and other local authorities and school officials in the enforcement of juvenile
delinquency control measures, and in the implementation of programs and
activities to promote child welfare.
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CHAPTER III
Miscellaneous
ART. 78. Contributions. – No school shall receive or collect from

students, directly or indirectly, contributions of any kind or form, or for
any purpose except those expressly provided by law, and on occasions of
national or local disasters in which case the school may accept voluntary
contribution or aid from students for distribution to victims of such disasters
or calamities.
Title IV.
CHILD AND YOUTH WELFARE AND THE CHURCH
ART. 79. Rights of the Church. – The State shall respect the rights of
the Church in matters affecting the religious and moral upbringing of the
child.
ART. 80. Establishment of Schools. – All churches and religious orders,

congregations or groups may, conformably to law, establish schools for
the purpose of educating children in accordance with the tenets of their
religion.
ART. 81. Religious Instruction. – The religious education of children in

all public and private schools is a legitimate concern of the Church to which
the students belong. All churches may offer religious instruction in public
and private elementary and secondary schools, subject to the requirements
of the Constitution and existing laws.
ART. 82. Assistance to Churches. – Insofar as may be allowed by

the Constitution, the government shall extend to all churches, without
discrimination or preference, every opportunity to exercise their influence
and disseminate their teachings.
ART. 83. Parents. – Parents shall admonish their children to heed the
teachings of their Church and to perform their religious duties. Whenever
possible, parents shall accompany their children to the regular devotions of
their Church and other religious ceremonies.
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Title V
CHILD AND YOUTH WELFARE AND THE COMMUNITY
CHAPTER I
Duties in General of the Community
ART. 84. Community Defined. – As used in this Title, a community

shall mean, the local government, together with the society of individuals
or institutions, both public and private, in which a child lives.
ART. 85. Duties of the Community. – To insure the full enjoyment of the
right of every child to live in a society that offers or guarantee him safety,
health, good moral environment and facilities for his wholesome growth
and development, it shall be the duty of the community to:
(1) Bring about a healthy environment necessary to the normal growth

of children and the enhancement of their physical, mental and spiritual well-
being;
(2) Help institutions of learning, whether public or private, achieve the

fundamental objectives of education;
(3) Organize or encourage movements and activities, for the furtherance

of the interests of children and youth;
(4) Promote the establishment and maintenance of adequately equipped

playgrounds, parks, and other recreational facilities;
(5) Support parent education programs by encouraging its members to

attend and actively participate therein;
(6) Assist the State in combating and curtailing juvenile delinquency

and in rehabilitating wayward children;
(7) Aid in carrying out special projects for the betterment of children
in the remote areas or belonging to cultural minorities or those who are out
of school; and
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(8) Cooperate with private and public child welfare agencies in

providing care, training and protection to destitute, abandoned, neglected,
abused, handicapped and disturbed children.
CHAPTER 2
Community Bodies Dealing with Child Welfare
SECTION A. Barangay Councils
ART. 86. Ordinances and Resolutions. – Barangay Councils shall have

the authority to enact ordinances and resolutions not inconsistent with law
or municipal ordinances, as may be necessary to provide for the proper
development and welfare of the children in the community, in consultation
with representatives of national agencies concerned with child and youth
welfare.
ART. 87. Council for the Protection of Children. – Every barangay

council shall encourage the organization of a local Council for the Protection
of Children and shall coordinate with the Council for the Welfare of Children
and Youth in drawing and implementing plans for the promotion of child and
youth welfare. Membership shall be taken from responsible members of the
community including a representative of the youth, as well as representatives
of government and private agencies concerned with the welfare of children
and youth whose area of assignment includes the particular barangay and
shall be on a purely voluntary basis.
Said Council shall:
(1) Foster the education of every child in the barangay;
(2) Encourage the proper performance of the duties of parents, and

provide learning opportunities on the adequate rearing of children and on
positive parent-child relationship;
(3) Protect and assist abandoned or maltreated children and

dependents;
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(4) Take steps to prevent juvenile delinquency and assist parents of

children with behavioral problems so that they can get expert advise;
(5) Adopt measures for the health of children;
(6) Promote the opening and maintenance of playgrounds and day-care

centers and other services that are necessary for child and youth welfare;
(7) Coordinate the activities of organizations devoted to the welfare of

children and secure their cooperation.
(8) Promote wholesome entertainment in the community, especially in

movie houses; and
(9) Assist parents, whenever necessary in securing expert guidance

counseling from the proper governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing

of the children. It shall distribute to parents available literature and other
information on child guidance. The Council shall assist parents, with
behavioral problems whenever necessary, in securing expert guidance
counseling from the proper governmental or private welfare agency.
ART. 88. Barangay Scholarships. – Barangay funds may be appropriated

to provide annual scholarships for indigent children who, in judgment of
the Council for the Protection of Children, deserve public assistance in the
development of their potentialities.
ART. 89. Youth Associations in Barangays. – Barangay councils

shall encourage membership in civic youth associations and help these
organizations attain their objectives.
ART. 90. Aid to Youth Associations. – In proper cases, barangay funds

may be used for the payment of the cost of the uniforms and equipment
required by these organizations.
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SECTION B. Civic Associations of Adults
ART. 91. Civic Associations of Adults. – As used in this Title, a civic

association shall refer to any club, organization or association of individuals
twenty-one years of age or over, which is directly or indirectly involved in
carrying out child welfare programs and activities.
ART. 92. Accounting of Proceeds or Funds. – It shall be the duty of

any civic association of adults holding benefits or soliciting contributions
pursuant to the provisions of the next preceding article, to render an
accounting of the proceeds thereof to the Department of Social Welfare or
to the city or municipal treasurer, as the case may be.
ART. 93. Functions. – Civic associations and youth associations shall

make arrangements with the appropriate governmental or civic organization
for the instruction of youth in useful trades or crafts to enable them to earn
a living.
ART. 94. Youth Demonstrations. – Any demonstrations sponsored by

any civic associations and youth associations shall be conducted in a peaceful
and lawful manner.
ART. 95. Unwholesome Entertainment and Advertisements. – It shall

be the duty of all civic associations and youth associations to bring to the
attention of the proper authorities the exhibition of indecent shows and the
publication, sale or circulation of pornographic materials.
The Board of Censors or the Radio Control Board may, upon

representation of any civic association, prohibit any movie, television or
radio program offensive to the proprieties of language and behavior.
Commercial advertisements and trailers which are improper for children

under eighteen years of age due to their advocating or unduly suggesting
violence, vices, crimes and immorality, shall not be shown in any movie
theater where the main feature is for general patronage nor shall they be
used or shown during or immediately before and after any television or radio
program for children.
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ART. 96. Complaint Against Child Welfare Agency. – Any civic

association and any youth association may complain to the officials of any
public or private child-caring agency about any act or omission therein
prejudicial to the wards of such agency.
If the complaint is not acted upon, it may be brought to the Council for
the Protection of Children or the Department of Social Welfare, which shall
promptly investigate the matter and take such steps as may be necessary.
ART. 97. Studies and Researches. – The government shall make

available such data and technical assistance as may be needed by civic
associations conducting studies and researches on matters relating to child
welfare, including the prevention of juvenile delinquency.
ART. 98. Exchange Programs. – Student exchange programs sponsored

by civic associations or youth associations shall receive the support and
encouragement of the State.
SECTION C. Youth Associations
ART. 99. Youth Associations. – As used in this Title, a youth association

shall refer to any club, organization or association of individuals below
twenty-one years of age which is directly or indirectly involved in carrying
out child or youth welfare programs and activities.
ART. 100. Rights and Responsibilities. – All youth associations shall

enjoy the same rights and discharge the same responsibilities as civic
associations as may be permitted under existing laws.
ART. 101. Student Organizations. – All student organization in

public or private schools shall include in their objectives the cultivation of
harmonious relations among their members and with the various segments
of the community.
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CHAPTER III
Collaboration Between the Home and the Community
ART. 102. Proper Atmosphere for Children. – The home shall aid the
community in maintaining an atmosphere conducive to the proper upbringing
of children, particularly with respect to their preparation for adult life and
the conscientious discharge of their civic duties as a whole.
ART. 103. Unwholesome Influence. – The home and the community shall
cooperate with each other in counteracting and eliminating such influences
as may be exerted upon children by useless and harmful amusements and
activities, obscene exhibitions and programs, and establishments inimical
to health and morals.
Title VI
CHILD AND YOUTH WELFARE AND THE SAMAHAN
CHAPTER 1
Duties in General of the Samahan
ART. 104. ”Samahan” Defined. – As used in this Code, the term

“samahan” shall refer to the aggregate of persons working in commercial,
industrial, and agricultural establishments or enterprises, whether belonging
to labor or management.
ART. 105. Organization. – The barangay, municipal and city councils,

whenever necessary, shall provide by ordinance for the formation and
organization of a samahan in their respective communities. Membership in
the samahan shall be on voluntary basis from among responsible persons from
the various sectors of the community mentioned in the preceding article.
ART. 106. Duties of the Samahan. – The Samahan shall:
(1) Prevent the employment of children in any kind of occupation or

calling which is harmful to their normal growth and development;
510
(2) Forestall their exploitation by insuring that their rates of pay, hours
of work and other conditions of employment are in accordance not only with
law but also with equity;
(3) Give adequate protection from all hazards to their safety, health,
and morals, and secure to them their basic right to an education;
(4) Help out-of-school youth to learn and earn at the same time by
helping them look for opportunities to engage in economic self-sufficient
projects;
(5) To coordinate with vocational and handicraft classes in all schools

and agencies in the barangay, municipality or city to arrange for possible
marketing of the products or articles made by the students; and
(6) Provide work experience, training and employment in those areas

where the restoration and conservation of our natural resources is deemed
necessary.
CHAPTER 2
Working Children
ART. 107. Employment of Children Below Sixteen Years. – Children

below sixteen years of age may be employed to perform light work which
is not harmful to their safety, health or normal development and which is
not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and

conditions of employment of children are hereby adopted as part of this
Code insofar as not inconsistent herewith.
ART. 108. Duty of Employer to Submit Report. – The employer shall submit
to the Department of Labor a report of all children employed by him. A separate
report shall be made of all such children who are found to be handicapped after
medical examination. The Secretary of Labor shall refer such handicapped
children to the proper government or private agencies for vocational guidance,
physical and vocational rehabilitation, and placement in employment.
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ART. 109. Register of Children. – Every employer in any commercial,

industrial or agricultural establishment or enterprise shall keep:
(1) A register of all children employed by him, indicating the dates of

their birth;
(2) A separate file for the written consent to their employment given
by their parents or guardians;
(3) A separate file for their educational and medical certificates; and
(4) A separate file for special work permits issued by the Secretary of
Labor in accordance with existing laws.
ART. 110. Education of Children Employed as Domestics. – If a

domestic is under sixteen years of age, the head of the family shall give
him an opportunity to complete at least elementary education as required
under Article 71. The cost of such education shall be a part of the domestic’s
compensation unless there is a stipulation to the contrary.
CHAPTER III
Labor-Management Projects
ART. 111. Right to Self-Organization. – Working children shall have

the same freedoms as adults to join the collective bargaining union of their
own choosing in accordance with existing law.
Neither management nor any collective bargaining union shall threaten

or coerce working children to join, continue or withdraw as members of such
union.
A RT . 112. Conditions of Employment. – There shall be close

collaboration between labor and management in the observance of the
conditions of employment required by law for working children.
ART. 113. Educational Assistance Programs. – The management may

allow time off without loss or reduction of wages for working children with
512
special talents to enable them to pursue formal studies in technical schools

on scholarships financed by management or by the collective bargaining
union or unions.
ART. 114. Welfare Programs. – Labor and management shall, in

cooperation with the Women and Minors Bureau of the Department of
Labor, undertake projects and in-service training programs for working
children which shall improve their conditions of employment, improve their
capabilities and physical fitness, increase their efficiency, secure opportunities
for their promotion, prepare them for more responsible positions, and provide
for their social, educational and cultural advancement.
ART. 115. Research Projects. – Labor and management shall cooperate

with any government or private research project on matters affecting the
welfare of working children.
CHAPTER 4
Collaboration Between the Home and the Samahan
ART. 116. Collaboration Between the Home and the Samahan. – The
home shall assist the Samahan in the promotion of the welfare of working
children and for this purpose shall:
1. Instill in the hearts and minds of working children the value of dignity
of labor;
2. Stress the importance of the virtues of honesty, diligence and

perseverance in the discharge of their duties;
3. Counsel them on the provident use of the fruits of their labor for the
enrichment of their lives and the improvement of their economic security;
and
4. Protect their general well-being against exploitation by management

or unions as well as against conditions of their work prejudicial to their
health, education, or morals.
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Title VII
CHILD AND YOUTH WELFARE AND THE STATE
CHAPTER I
Regulation of Child and Youth Welfare Services
ART. 117. Classifications of Child and Youth Welfare Agencies. – Public

and private child welfare agencies providing encouragement, care, and
protection to any category of children and youth whether mentally gifted,
dependent, abandoned, neglected, handicapped, disturbed, or youthful
offenders, classified and defined as follows, shall be coordinated by the
Department of Social Welfare:
1. An institution, whose primary purpose is education, is deemed to

be a child-caring institution when nine or more of its pupils or wards in the
ordinary course of events do not return annually to the homes of their parents
or guardians for at least two months of summer vacation.
2. A detention home is a twenty-four hour child-caring institution

providing short term resident care for youthful offenders who are awaiting
court disposition of their cases or transfer to other agencies or jurisdiction.
3. A shelter-care institution is one that provides temporary protection

and care to children requiring emergency reception as a result of fortuitous
events, abandonment by parents, dangerous conditions of neglect or cruelty
in the home, being without adult care because of crisis in the family, or a
court order holding them as material witnesses.
4. Receiving homes are family-type homes which provides temporary

shelter from ten to twenty days for children who shall during this period be
under observation and study for eventual placement by the Department of
Social Welfare. The number of children in a receiving home shall not at any
time exceed nine: Provided, That no more than two of them shall be under
three years of age.
5. A nursery is a child-caring institution that provides care for six or

more children below six years of age for all or part of a twenty-four hour
514
day, except those duly licensed to offer primarily medical and educational
services.
6. A maternity home is an institution or place of residence whose

primary function is to give shelter and care to pregnant women and their
infants before, during and after delivery.
7. A rehabilitation center is an institution that receives and rehabilitates

youthful offenders or other disturbed children.
8. A reception and study center is an institution that receives for

study, diagnosis, and temporary treatment, children who have behavioral
problems for the purpose of determining the appropriate care for them or
recommending their permanent treatment or rehabilitation in other child
welfare agencies.
9. A child-placing agency is an institution or person assuming the care,

custody, protection and maintenance of children for placement in any child-
caring institution or home or under the care and custody of any person or
persons for purposes of adoption, guardianship or foster care. The relatives
of such child or children within the sixth degree of consanguinity or affinity
are excluded from this definition.
ART. 118. License Required. – No private person, natural or juridical,

shall establish, temporarily or permanently, any child welfare agency without
first securing a license from the Department of Social Welfare.
Such license shall not be transferable and shall be used only by the
person or institution to which it was issued at the place stated therein.
No license shall be granted unless the purpose of function of the agency

is clearly defined and stated in writing. Such definition shall include the
geographical area to be served, the children to be accepted for care, and the
services to be provided.
If the applicant is a juridical person, it must be registered in accordance

with Philippine laws.
515
ART. 119. Guiding Principles. – The protection and best interests of

the child or children therein shall be the first and basic consideration in the
granting, suspension or revocation of the license mentioned in the preceding
article.
ART. 120. Revocation or Suspension of License. – The Department of

Social Welfare may, after notice and hearing , suspend or revoke the license
of a child welfare agency on any of the following grounds:
1. That the agency is being used for immoral purposes;
2. That said agency is insolvent or is not in a financial position to support

and maintain the children therein or to perform the functions for which it
was granted license;
3. That the children therein are being neglected or are

undernourished;
4. That the place is so unsanitary so as to make it unfit for children;
5. That said agency is located in a place or community where children

should not be, or is physically dangerous to children or would unduly expose
children to crime, vice, immorality, corruption or severe cruelty; or
6. That said agency has by any act or omission shown its incompetence
or unworthiness to continue acting as a child welfare agency. During the
period of suspension, the agency concerned shall not accept or admit any
additional children. In any case, the Department of Social Welfare shall make
such order as to the custody of the children under the care of such agency as
the circumstances may warrant. The suspension may last for as long as the
agency has not complied with any order of the Department of Social Welfare
to remove or remedy the conditions which have risen to the suspension. The
aggrieved agency may appeal the suspension and/or revocation in a proper
court action. In such case, the court shall within fifteen days from the filing
of the Department of Social Welfare’s answer, conduct a hearing and decide
the case, either by lifting the suspension, or continuing it for such period
516
of time as it may order, or by revoking the license of the agency where the
Department of Social Welfare has proven the revocation to be justified.
ART. 121. Responsible Government Body. – The governing body of

a child welfare agency or institution shall be composed of civic leaders or
persons of good standing in the community. The administrator must be a
competent person qualified by education or experience or both to serve as
such.
ART. 122. Child-Caring Institution Serving as Child-Placement Agency.

– An association or corporation may be both a child-caring institution and
a child-placement agency and it may be licensed to carry out both types of
service.
When a license also serves as a child-placement agency, it shall maintain

a staff equipped by training to make thorough studies of every prospective
family home. Staff arrangements must also be made for continuing
supervision of the children staying in family homes so long as the children
remain in the legal custody of the agency.
ART. 123. Responsible Staff of Employees. – The licensee shall choose

its employees who shall be persons of good health and character, and
whenever possible, the higher rank of employees shall in addition have
training, preferably in child psychology.
ART. 124. Intake Study and Periodic Investigations. – The licensee shall
undertake investigations to determine if the acceptance or continued stay of
a child in its institution is necessary. Each licensee shall make provisions
for continuing services, including social casework for every child under its
care.
ART. 125. Records. – The licensee shall keep confidential records of

every child in its study. These records shall be made available only to such
persons as may be authorized by the Department of Social Welfare or by
the proper court.
517
ART. 126. Home Atmosphere. – Child welfare agencies shall endeavor

to provide the children with a pleasant atmosphere that shall approximate as
nearly as possible the conditions of an ideal home. Vocational rehabilitation
shall also be provided in accordance with existing law and the particular
needs of the children.
ART. 127. Adequate Diet. – The licensee shall provide a varied and
balanced diet to satisfy the child’s total nutritional requirements.
ART. 128. Clothing. – The licensee shall furnish clean, comfortable,

and appropriate clothing for every child under its care.
ART. 129. Physical Surroundings and Outings. – The licensee shall

maintain a building adequate both in ventilation and sanitation, and with a
safe, clean and spacious playground.
Regular inexpensive periodic outing shall be an important part of its

activities in order to make the children aware of their vital role in their
community and country.
ART. 130. Medical and Nursing Care. – The licensee shall provide
adequate medical and nursing care for sick children who may be confined
due to illness.
ART. 131. Religious Training. – The licensee shall provide opportunities

for religious training to children under its custody, taking into consideration
the religious affiliation or express wishes of the child or his parents. For such
purpose, it shall have a defined policy regarding its religious activities for
the information of those wishing to place children in its care.
ART. 132. Annual Report. – Every child welfare agency or institution

shall submit to the Department of Social Welfare an annual report setting
forth a brief summary of its operations during the preceding year, including
the funds received during said period, the sources thereof, the purposes for
which they were spent and the cash position of the agency or institution
as of the date of the report, number of children admitted, and such other
information as may be required by the Department of Social Welfare.
518
CHAPTER 2
Collaboration Between the Home and the State
ART. 133. Healthy Growth of Children. – Pursuant to its obligation to

assist the parents in the proper upbringing of the child, the State shall, whenever
possible, in collaboration and cooperation with local government establish:
1. Puericulture and similar centers;
2. Juvenile courts;
3. Child welfare agencies;
4. Orphanages and other similar institutions; and
5. Children’s recreation centers.
ART. 134. Puericulture or Health Centers. – Puericulture or health

centers shall be established in every barangay to perform, among other
things, the following functions:
1. Disseminate information concerning the health of children and

expectant or nursing mothers;
2. Provide consultation service and treatment, whenever necessary, for

the children and the expectant or nursing mothers;
3. Provide guidance and special treatment to children with physical

handicaps; and
4. Advise child welfare institutions on matters relating to nutritions and

hygiene.
ART. 135. Juvenile and Domestic Relations Courts. – Juvenile and

Domestic Relations Courts shall, as far as practicable, be established in every
province or city to hear and decide cases involving juvenile and domestic
problems.
519
ART. 136. Regional Child Welfare Agencies. – The State shall, whenever
practicable, establish regional child welfare agencies, orphanages and other
similar institutions to provide care for the children mentioned in Title VIII
of this Code.
ART. 137. Children’s Reading and Recreation Centers. – The State shall
establish in every barangay reading centers and recreation centers where
children may meet and play together for their healthy growth and their social
and cultural development.
ART. 138. Parent Education Program. – The Department of Social

Welfare shall from time to time hold a Parent Education Congress, which
shall aim to enable parents to understand child growth and development,
parent-child relationship, family life, and family-community relationship,
and to improve their ability to discharge their duties.
ART. 139. Curfew Hours for Children. – City or municipal councils

may prescribe such curfew hours for children as may be warranted by local
conditions. The duty to enforce curfew ordinances shall devolve upon the
parents or guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of

the duty imposed by this article shall be admonished by the Department of
Social Welfare or the Council for the Protection of Children.
ART. 140. State Aid in Case of Public Calamity. – In case of earthquake,

flood, storm, conflagration, epidemic, or other calamity, the State shall
give special assistance to children whenever necessary. The Department of
Social Welfare shall take immediate custody of dependent children and give
temporary shelter to orphaned or displaced children (who are separated from
their parents or guardian).
CHAPTER I
Dependent, Abandoned and Neglected Children
ART. 141. Definition of Terms. – As used in this Chapter:
520
1. A dependent child is one who is without a parent, guardian or

custodian; or one whose parents, guardian or other custodian for good cause
desires to be relieved of his care and custody; and is dependent upon the
public for support.
2. An abandoned child is one who has no proper parental care or

guardianship, or whose parents or guardians have deserted him for a period
of at least six continuous months.
3. A neglected child is one whose basic needs have been deliberately

unattended or inadequately attended. Neglect may occur in two ways:
(a) There is a physical neglect when the child is malnourished, ill

clad and without proper shelter.
(b) A child is unattended when left by himself without provisions

for his needs and/or without proper supervision.
(c) Emotional neglect exists: when children are maltreated, raped or

seduced; when children are exploited, overworked or made to work under
conditions not conducive to good health; or are made to beg in the streets or
public places, or when children are in moral danger, or exposed to gambling,
prostitution and other vices.
4. Commitment or surrender of a child is the legal act of entrusting a

child to the care of the Department of Social Welfare or any duly licensed
child placement agency or individual.
Commitment may be done in the following manner:
(a) Involuntary commitment, in case of a dependent child, or through

the termination of parental or guardianship rights by reason of abandonment,
substantial and continuous or repeated neglect and/or parental incompetence
to discharge parental responsibilities, and in the manner, form and procedure
hereinafter prescribed.
(b) Voluntary commitment, through the relinquishment of parental or

guardianship rights in the manner and form hereinafter prescribed.
521
ART. 142. Petition for Involuntary Commitment of a Child: Venue. –

The Department of Social Welfare Secretary or his authorized representative
or any duly licensed child placement agency having knowledge of a child
who appears to be dependent, abandoned or neglected, may file a verified
petition for involuntary commitment of said child to the care of any duly
licensed child placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations
Court, if any, or with the Court of First Instance of the province or City Court
in which the parents or guardian resides or the child is found.
ART. 143. Contents of Petition: Verification. – The petition for

commitment must state so far as known to the petitioner:
1. The facts showing that the child is dependent, abandoned, or

neglected;
2. The names of the parent or parents, if known, and their residence.

If the child has no parent or parents living, then the name and residence of
the guardian, if any; and
3. The name of the duly licensed child placement agency or individual

to whose care the commitment of the child is sought.
The petition shall be verified and shall be sufficient if based upon the
information and belief of the petitioner.
ART. 144. Court to Set Time for Hearing: Summons. – When a petition
or commitment is filed, the court shall fix a date for the hearing thereof.
If it appears from the petition that one or both parents of the child, or the
guardian, resides in province or city, the clerk of court shall immediately
issue summons, together with a copy of the petition, which shall be served
on such parent or guardian not less than two days before the time fixed for
the hearing. Such summons shall require them to appear before the court on
the date mentioned.
ART. 145. When Summons Shall Not be Issued. – The summons

provided for in the next preceding article shall not be issued and the court
522
shall thereupon proceed with the hearing of the case if it appears from the
petition that both parents of the child are dead or that neither parent can be
found in the province or city and that the child has no guardian residing
therein.
ART. 146. Representation of Child. – If it appears that neither of the

parents nor the guardian of the child can be found in the province or city, it
shall be the duty of the court to appoint some suitable person to represent
him.
ART. 147. Duty of Fiscal. – The provincial or city fiscal shall appear for
the State, seeing to it that there has been due notice to all parties concerned
and that there is justification for the declaration of dependency, abandonment
or neglect.
The legal services section of the Department of Social Welfare, any

recognized legal association, or any appointed de officio counsel shall
prepare the petition for the Secretary of the Department of Social Welfare,
his representative or the head of the duly licensed child placement agency,
or the duly licensed individual and represent him in court in all proceedings
arising under the provisions of this Chapter.
ART. 148. Hearing. – During the hearing of the petition, the child shall
be brought before the court, which shall investigate the facts and ascertain
whether he is dependent, abandoned, or neglected, and, if so, the cause and
circumstances of such condition. In such hearing, the court shall not be
bound by the technical rules of evidence.
Failure to provide for the child’s support for a period of six months
shall be presumptive evidence of the intent to abandon.
ART. 149. Commitment of Child. – If, after the hearing, the child is
found to be dependent, abandoned, or neglected, an order shall be entered
committing him to the care and custody of the Department of Social Welfare
or any duly licensed child placement agency or individual.
ART. 150. When Child May Stay In His Own Home. – If in the court’s
opinion the cases of the abandonment or neglect of any child may be
523
remedied, it may permit the child to stay in his own home and under the
care and control of his own parents or guardian, subject to the supervision
and direction of the Department of Social Welfare.
When it appears to the court that it is no longer for the best interests of
such child to remain with his parents or guardian, it may commit the child
in accordance with the next preceding article.
ART. 151. Termination of Rights of Parents. – When a child shall have

been committed to the Department of Social Welfare or any duly licensed
child placement agency or individual pursuant to an order of the court, his
parents or guardian shall thereafter exercise no authority over him except
upon such conditions as the court may impose.
ART. 152. Authority of Person, Agency or Institution. – The Department

of Social Welfare or any duly licensed child placement agency or individual
receiving a child pursuant to an order of the court shall be the legal guardian
and entitled to his legal custody and control, be responsible for his support
as defined by law, and when proper, shall have authority to give consent to
his placement, guardianship and/or adoption.
ART. 153. Change of Custody. – The Department of Social Welfare shall

have the authority to change the custody of a child committed to and duly
licensed child placement agency or individual if it appears that such change
is for the best interests of the child. However, when conflicting interests
arise among child placement agencies the court shall order the change of
commitment of the child.
ART. 154. Voluntary Commitment of a Child to an Institution. – The

parent or guardian of a dependent, abandoned or neglected child may
voluntarily commit him to the Department of Social Welfare or any duly
licensed child placement agency or individual subject to the provisions of
the next succeeding articles.
ART. 155. Commitment Must Be in Writing. – No child shall be

committed pursuant to the preceding article unless he is surrendered in
writing by his parents or guardian to the care and custody of the Department
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of Social Welfare or duly licensed child placement agency. In case of the

death or legal incapacity of either parent or abandonment of the child for a
period of at least one year, the other parent alone shall have the authority to
make the commitment. The Department of Social Welfare, or any proper and
duly licensed child placement agency or individual shall have the authority
to receive, train, educate, care for or arrange appropriate placement of such
child.
ART. 156. Legal Custody. – When any child shall have been committed
in accordance with the preceding article and such child shall have been
accepted by the Department of Social Welfare or any duly licensed child
placement agency or individual, the rights of his natural parents, guardian,
or other custodian to exercise parental authority over him shall cease.
Such agency or individual shall be entitled to the custody and control of

such child during his minority, and shall have authority to care for, educate,
train and place him out temporarily or for custody and care in a duly licensed
child placement agency. Such agency or individual may intervene in adoption
proceedings in such manner as shall best inure to the child’s welfare.
ART. 157. Visitation or Inspection. – Any duly licensed child placement

agency or individual receiving a judicial order or by voluntary commitment
by his parents or guardian shall be subject to visitation or inspection by a
representative of the court or of the Department of Social Welfare or both,
as the case may be.
ART. 158. Report of Person or Institution. – Any duly licensed child

placement agency or individual receiving a child for commitment may at any
time be required by the Department of Social Welfare to submit a report, copy
furnished the court, containing all necessary information for determining
whether the welfare of the child is being served.
ART. 159. Temporary Custody of Child. – Subject to regulation by the

Department of Social Welfare and with the permission of the court in case
of judicial commitment, the competent authorities of any duly licensed
child placement agency or individual to which a child has been committed
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may place him in the care of any suitable person, at the latter’s request, for
a period not exceeding one month at a time.
The temporary custody of the child shall be discontinued if it appears

that he is not being given proper care, or at his own request, or at the instance
of the agency or person receiving him.
ART. 160. Prohibited Acts. – It shall be unlawful for any child to leave
the person or institution to which he has been judicially or voluntarily
committed or the person under whose custody he has been placed in
accordance with the next preceding article, or for any person to induce him
to leave such person or institution, except in case of grave physical or moral
danger, actual or imminent, to the child.
Any violation of this article shall be punishable by an imprisonment

of not more than one year or by a fine of not more than two thousand pesos,
or both such fine and imprisonment at the discretion of the court: Provided,
That if the violation is committed by a foreigner, he shall also be subject to
deportation.
If the violation is committed by a parent or legal guardian of the child,

such fact shall aggravate or mitigate the offense as circumstances shall
warrant.
ART. 161. Duty to Report Abandonment. – When the parents or persons

entitled to act as guardian of a child are dead or, if living, have abandoned
him, for no valid reason, for at least six months in a duly licensed child
placement agency or hospital, or left him with any other person for the
same period without providing for his care and support, such fact shall be
reported immediately to the Department of Social Welfare. In case of a child
left in a hospital, immediate transfer of the child to the Department of Social
Welfare or any duly licensed child placement agency must be arranged. The
Department of Social Welfare shall make provisions for the adequate care
and support of the child and shall take such action as it may deem proper
for his best interests.
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ART. 162. Adoption of Dependent or Abandoned or Neglected Child.

– Upon the filing of an application by any person to adopt a dependent,
abandoned or neglected child in the custody of any institution or individual
mentioned in Article 156, it shall be the duty of the provincial or city fiscal,
any recognized legal association, or any appointed de officio counsel upon
being informed of such fact, to represent the Department of Social Welfare
in the proceedings. The costs of such proceedings shall be de officio.
ART. 163. Restoration of Child After Involuntary Commitment. – The

parents or guardian of a child committed to the care of a person, agency or
institution by judicial order may petition the proper court for the restoration
of his rights over the child: Provided, That the child in the meantime, has
not been priorily given away in adoption nor has left the country with the
adopting parents or the guardian. The petition shall be verified and shall
state that the petitioner is now able to take proper care and custody of said
child.
Upon receiving the petition, the court shall fix the time for hearing the
questions raised thereby and cause reasonable notice thereof to be sent to
the petitioner and to the person, agency or institution to which the child has
been committed. At the trial, any person may be allowed, at the discretion
of the court, to contest the right to the relief demanded, and witnesses may
be called and examined by the parties or by the court motu proprio. If it is
found that the cause for the commitment of the child no longer exists and that
the petitioner is already able to take proper care and custody of the child, the
court, after taking into consideration the best interests and the welfare of the
child, shall render judgment restoring parental authority to the petitioner.
ART. 164. Restoration After Voluntary Commitment. – Upon petition

filed with the Department of Social Welfare the parent or parents or guardian
who voluntarily committed a child may recover legal custody and parental
authority over him from the agency, individual or institution to which such
child was voluntarily committed when it is shown to the satisfaction of the
Department of Social Welfare that the parent, parents or guardian is in a
position to adequately provide for the needs of the child: Provided, That,
the petition for restoration is filed within six months after the surrender.
527
In all cases, the person, agency or institution having legal custody of

the child shall be furnished with a copy of the petition and shall be given
the opportunity to be heard.
ART. 165. Removal of Custody. – A petition to transfer custody of a

child may be filed against a person or child welfare agency to whose custody
a child has been committed by the court based on neglect of such child as
defined in Article 141(3). If the court, after notice and hearing, is satisfied that
the allegations of the petition are true and that it is for the best interest and
welfare of the child the court shall issue an order taking him from the custody
of the person or agency, as the case may be, and committing him to the
custody of another duly licensed child placement agency or individual.
The license of the agency or individual found guilty of such neglect may
be suspended or revoked, as the court may deem proper, in the same
proceeding.
ART. 166. Report of Maltreated or Abused Child. – All hospitals, clinics

and other institutions as well as private physicians providing treatment shall,
within forty-eight hours from knowledge of the case, report in writing to the
city or provincial fiscal or to the Local Council for the Protection of Children
or to the nearest unit of the Department of Social Welfare, any case of a
maltreated or abused child, or exploitation of an employed child contrary
to the provisions of labor laws. It shall be the duty of the Council for the
Protection of Children or the unit of the Department of Social Welfare to
whom such a report is made to forward the same to the provincial or city
fiscal.
Violation of this provision shall subject the hospital, clinic, institution,

or physician who fails to make such report to a fine of not more than two
thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be kept
strictly confidential and no information relating thereto shall be disclosed
except in connection with any court or official proceeding based on such
report. Any person disclosing confidential information in violation of this
provision shall be punished by a fine of not less than one hundred pesos nor
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more than five thousand pesos, or by imprisonment for not less than thirty
days nor more than one year, or both such fine and imprisonment, at the
discretion of the court.
ART. 167. Freedom from Liability of Reporting Person or Institution. –

Persons, organizations, physicians, nurses, hospitals, clinics and other entities
which shall in good faith report cases of child abuse, neglect, maltreatment or
abandonment or exposure to moral danger be free from any civil or criminal
liability arising therefrom.
CHAPTER 2.
Mentally Retarded, Physically Handicapped, Emotionally Disturbed
and Mentally Ill Children
ART. 168. Mentally Retarded Children. – Mentally retarded children

are (1) socially incompetent, that is, socially inadequate and occupationally
incompetent and unable to manage their own affairs; (2) mentally subnormal;
(3) retarded intellectually from birth or early age; (4) retarded at maturity;
(5) mentally deficient as a result of constitutional origin, through hereditary
or disease, and (6) essentially incurable.
ART. 169. Classification of Mental Retardation. – Mental Retardation

is divided into four classifications:
1. Custodial Group. The members of this classification are severely

or profoundly retarded, hence, the least capable group. This includes those
with I.Q.s to 25.
2. Trainable Group. The members of this group consist of those with

I.Q.s from about 25 to about 50; one who belongs to this group shows a
mental level and rate of development which is 1/4 to 1/2 that of the average
child, is unable to acquire higher academic skills, but can usually acquire
the basic skills for living to a reasonable degree. He can likewise attain a
primary grade level of education if he receives effective instruction.
3. Educable Group. This group’s I.Q. ranges from about 50 to about

75, and the intellectual development is approximately 1/2 to 3/4 of that
529
expected of a normal child of the same chronological age. The degree of

success or accomplishment that they will reach in life depends very much
on the quality and type of education they receive, as well as on the treatment
at home and in the community. Many of the educable retardates may reach
5th or 6th grade educational level and can develop occupational skills which
may result in partial or complete economic independence in adulthood.
4. Borderline or Low Normal Group. This is the highest group of

mentally retarded, with I.Q.s from about 75 to about 89. The members of
this classification are only slightly retarded and they can usually get by in
regular classes if they receive some extra help, guidance and consideration.
They have to spend much more time with their studies than do most children
in order to pass. Those who cannot make it are usually handicapped by one
or more other conditions aside from that of intelligence.
ART. 170. Physically Handicapped Children. – Physically handicapped

children are those who are crippled, deaf-mute, blind, or otherwise defective
which restricts their means of action on communication with others.
ART. 171. Emotionally Disturbed Children. – Emotionally disturbed

children are those who, although not afflicted with insanity or mental defect,
are unable to maintain normal social relations with others and the community
in general due to emotional problems or complexes.
ART. 172. Mentally Ill Children. – Mentally ill children are those with
any behavioral disorder, whether functional or organic, which is of such a
degree of severity as to require professional help or hospitalization.
ART. 173. Admission of Disabled Children. – The Department of

Social Welfare, upon the application of the parents or guardians and the
recommendation of any reputable diagnostic center or clinic, shall refer and/
or admit disabled children to any public or private institution providing the
proper care, training and rehabilitation.
“Disabled children” as used in this Chapter shall include mentally

retarded, physically handicapped, emotionally disturbed, and severe mentally
ill children.
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ART. 174. Training and Opportunities for Disabled Children. –

Specialized educational services shall be expanded and improved to provide
appropriate opportunities for disabled children. Vocational rehabilitation and
manpower conservation agencies shall train disabled children for specialized
types of jobs, services and business which could be learned only by them
and shall help provide opportunities for their future occupational placement:
That the agencies and organizations engaged in programs and services for
the disabled need not be limited to minors. Persons of legal age may be
admitted whenever facilities are available for them.
ART. 175. Planning of Programs and Services. – Selected pilot

demonstration projects needed by the disabled children shall be developed
and shall be the basis for planning expanded programs and services
throughout the nation. There shall be established area centers designed to
bring together an aggregate of services to serve all ages of the disabled within
a specified geographical area.
ART. 176. Donations. – Donations to agencies and organizations

engaged in programs and services for disabled children shall be deductible
in accordance with the provision of Presidential Decree No. 507.
ART. 177. Petition for Commitment. – Where a child appears to be

mentally retarded, physically handicapped, emotionally disturbed, or
mentally ill, and needs institutional care but his parents or guardians are
opposed thereto, the Department of Social Welfare, or any duly licensed child
placement agency or individual shall have the authority to file a petition for
commitment of the said child to any reputable institution providing care,
training and rehabilitation for disabled children.
The parents or guardian of the child may file a similar petition in case
no immediate placement can be arranged for the disabled child when the
welfare and interest of the child is at stake.
ART. 178. Venue. – The petition for commitment of a disabled child

shall be filed with the Juvenile and Domestic Relations Court, if any, or with
the Court of First Instance of the province or City Court where the parent
or guardian resides or where the child is found.
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ART. 179. Contents of Petition. – The petition for commitment must

state so far as known to the petitioner:
1. The facts showing that the child appears to be mentally retarded,

physically handicapped, emotionally disturbed or mentally ill and needs
institutional care;
2. The Fact that the parents or guardians or any duly licensed disabled
child placement agency, as the case may be, has opposed the commitment
of such child;
3. The name of the parents and their residence, if known or if the child
has no parents or parent living, the names and residence of the guardian, if
any; and
4. The name of the institution where the child is to be committed.

The petition shall be verified and shall be sufficient if based upon the
information and belief of the petitioner.
ART. 180. Order of Hearing. – If the petition filed is sufficient in form

and substance, the court, by an order reciting the purpose of the petition, shall
fix the date for the hearing thereof, and a copy of such order shall be served
on the child alleged to be mentally retarded, or physically handicapped, or
emotionally disturbed, or mentally ill, and on the person having charge of
him or any of his relatives residing in the province or city as the judge may
deem proper. The court shall furthermore order the sheriff to produce, if
possible, the alleged disabled child on the date of the hearing.
ART. 181. Hearing and Judgment. – Upon satisfactory proof that the
institutional care of the child is for him or the public welfare and that his
parents, or guardian or relatives are unable for any reason to take proper
care of him, the Court shall order his commitment to the proper institution
for disabled children.
ART. 182. Disposition of Property or Money. – The Court, in its order

of commitment, shall make proper provisions for the custody of property
or money belonging to the committed child.
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ART. 183. Findings and Other Data. – The Court shall furnish the
institution to which the child has been committed with a copy of its judgment,
together with all the social and other data pertinent to the case.
ART. 184. Expenses. – The expense of maintaining a disabled child in

the institution to which he has been committed shall be borne primarily by
the parents or guardian and secondarily, by such disabled child, if he has
property of his own.
In all cases where the expenses for the maintenance of the disabled child
cannot be paid in accordance with the next preceding paragraph, the same,
or such part thereof as may remain unpaid, shall be borne by the Department
of Social Welfare.
ART. 185. Children With Cerebral Palsy. – Children afflicted with

cerebral palsy shall be committed to the institution which under the
circumstances of the particular child concerned is best equipped to treat and
care for him.
ART. 186. Discharge of Child Judicially Committed. – The Court

shall order the discharge of any child judicially committed to an institution
for disabled children if it is certified by the Department of Social Welfare
that:
1. He has been certified by the duly licensed disabled child placement

agency to be no longer a hazard to himself or to the community;
2. He has been sufficiently rehabilitated from his physical handicap or,

if of work age, is already fit to engage in a gainful occupation; or
3. He has been relieved of his emotional problems and complexes and

is ready to assume normal social relations.
ART. 187. Discharge of Child Voluntarily Committed. – Any child

voluntarily committed to an institution for disabled children may be
discharged by the Department of Social Welfare motu proprio or upon the
533
request of his parents or guardian on any of the grounds specified in the

preceding article. In the latter case, the Department of Social Welfare may
refuse to discharge the child if, in its opinion, his release would be prejudicial
to him or to the community.
ART. 188. Assistance of Fiscal. – The provincial or city fiscal shall

represent the Department of Social Welfare or any recognized legal
association in all judicial matters arising under the provisions of this
Chapter.
CHAPTER 3.
Youthful Offenders
ART. 189. Youthful Offender Defined. – A youthful offender is one

who is over nine years but under twenty-one years of age at the time of the
commission of the offense.
A child nine years of age or under at the time of the offense shall be
exempt from criminal liability and shall be committed to the care of his or
her father or mother, or nearest relative or family friend in the discretion of
the court and subject to its supervision. The same shall be done for a child
over nine years and under fifteen years of age at the time of the commission
of the offense, unless he acted with discernment, in which case he shall be
proceeded against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed

modified by the provisions of this Chapter.
ART. 190. Physical and Mental Examination. – It shall be the duty

of the law-enforcement agency concerned to take the youthful offender,
immediately after his apprehension, to the proper medical or health officer
for a thorough physical and mental examination. Whenever treatment for any
physical or mental defect is indicated, steps shall be immediately undertaken
to provide the same.
The examination and treatment papers shall form part of the record of
the case of the youthful offender.
534
ART. 191. Care of Youthful Offender Held for Examination or Trial.

– A youthful offender held for physical and mental examination or trial or
pending appeal, if unable to furnish bail, shall from the time of his arrest
be committed to the care of the Department of Social Welfare or the local
rehabilitation center or a detention home in the province or city which shall
be responsible for his appearance in court whenever required: Provided, That
in the absence of any such center or agency within a reasonable distance from
the venue of the trial, the provincial, city and municipal jail shall provide
quarters for youthful offenders separate from other detainees. The court may,
in its discretion, upon recommendation of the Department of Social Welfare
or other agency or agencies authorized by the Court, release a youthful
offender on recognizance, to the custody of his parents or other suitable
person who shall be responsible for his appearance whenever required.
ART. 192. Suspension of Sentence and Commitment of Youthful Offender.

– If after hearing the evidence in the proper proceedings, the court should
find that the youthful offender has committed the acts charged against him
the court shall determine the imposable penalty, including any civil liability
chargeable against him. However, instead of pronouncing judgment of
conviction, the court shall suspend all further proceedings and shall commit
such minor to the custody or care of the Department of Social Welfare, or
to any training institution operated by the government, or duly licensed
agencies or any other responsible person, until he shall have reached twenty-
one years of age or, for a shorter period as the court may deem proper, after
considering the reports and recommendations of the Department of Social
Welfare or the agency or responsible individual under whose care he has
been committed.
The youthful offender shall be subject to visitation and supervision by

a representative of the Department of Social Welfare or any duly licensed
agency or such other officer as the Court may designate subject to such
conditions as it may prescribe.
ART. 193. Appeal. – The youthful offender whose sentence is suspended

can appeal from the order of the court in the same manner as appeals in
criminal cases.
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ART. 194. Care and Maintenance of Youthful Offender. – The expenses

for the care and maintenance of the youthful offender whose sentence has
been suspended shall be borne by his parents or those persons liable to support
him: Provided, That in case his parents or those persons liable to support
him can not pay all or part of said expenses, the municipality in which the
offense was committed shall pay one-third of said expenses or part thereof;
the province to which the municipality belongs shall pay one-third; and the
remaining one-third shall be borne by the National Government. Chartered
cities shall pay two-thirds of said expenses; and in case a chartered city
cannot pay said expenses, part of the internal revenue allotments applicable
to the unpaid portion shall be withheld and applied to the settlement of said
indebtedness.
All city and provincial governments must exert efforts for the immediate
establishment of local detention homes for youthful offenders.
ART. 195. Report on Conduct of Child. – Department of Social Welfare

or its representative or duly licensed agency or individual under whose care
the youthful offender has been committed shall submit to the court every
four months or oftener as may be required in special cases, a written report
on the conduct of said youthful offender as well as the intellectual, physical,
moral, social and emotional progress made by him.
ART. 196. Dismissal of the Case. – If it is shown to the satisfaction of

the court that the youthful offender whose sentence has been suspended, has
behaved properly and has shown his capability to be a useful member of the
community, even before reaching the age of majority, upon recommendation
of the Department of Social Welfare, it shall dismiss the case and order his
final discharge.
ART. 197. Return of the Youth Offender to Court. – Whenever the

youthful offender has been found incorrigible or has willfully failed to
comply with the conditions of his rehabilitation programs, or should his
continued stay in the training institution be inadvisable, he shall be returned
to the committing court for the pronouncement of judgment.
536
When the youthful offender has reached the age of twenty-one while
in commitment, the court shall determine whether to dismiss the case in
accordance with the next preceding article or to pronounce the judgment of
conviction.
In any case covered by this article, the youthful offender shall be credited
in the service of his sentence with the full time spent in actual commitment
and detention effected under the provisions of this Chapter.
ART. 198. Effect of Release of Child Based on Good Conduct. – The final
release of a child pursuant to the provisions of this Chapter shall not obliterate
his civil liability for damages. Such release shall be without prejudice to the
right for a writ of execution for the recovery of civil damages.
ART. 199. Living Quarters for Youthful Offenders Sentence. – When a

judgment of conviction is pronounced in accordance with the provisions of
Article 197, and at the time of said pronouncement the youthful offender is
still under twenty-one, he shall be committed to the proper penal institution
to serve the remaining period of his sentence: Provided, That penal
institutions shall provide youthful offenders with separate quarters and, as
far as practicable, group them according to appropriate age levels or other
criteria as will insure their speedy rehabilitation: Provided, further, That
the Bureau of Prisons shall maintain agricultural and forestry camps where
youthful offenders may serve their sentence in lieu of confinement in regular
penitentiaries.
ART. 200. Records of Proceedings. – Where a youthful offender has

been charged before any city or provincial fiscal or before any municipal
judge and the charges have been ordered dropped, all the records of the case
shall be destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits him,
or dismisses the case or commits him to an institution and subsequently
releases him pursuant to this Chapter, all the records of his case shall be
destroyed immediately after such acquittal, dismissal or release, unless
civil liability has also been imposed in the criminal action, in which case
such records shall be destroyed after satisfaction of such civil liability. The
537
youthful offender concerned shall not be held under any provision of law, to
be guilty of perjury or of concealment or misrepresentation by reason of his
failure to acknowledge the case or recite any fact related thereto in response
to any inquiry made of him for any purpose.
“Records” within the meaning of this article shall include those which
may be in the files of the National Bureau of Investigation and with any
police department, or any other government agency which may have been
involved in the case.
ART. 201. Civil Liability of Youthful Offenders. – The civil liability for
acts committed by a youthful offender shall devolve upon the offender’s
father and, in case of his death or incapacity, upon the mother, or in case of her
death or incapacity, upon the guardian. Civil liability may also be voluntarily
assumed by a relative or family friend of the youthful offender.
ART. 202. Rehabilitation Centers. – The Department of Social Welfare

shall establish regional rehabilitation centers for youthful offenders. The local
government and other non-governmental entities shall collaborate and contribute
their support for the establishment and maintenance of these facilities.
ART. 203. Detention Homes. – The Department of Local Government

and Community Development shall establish detention homes in cities and
provinces distinct and separate from jails pending the disposition of cases
of juvenile offenders.
ART. 204. Liability of Parents or Guardian or Any Person in the

Commission of Delinquent Acts by Their Children or Wards. – A person whether
the parent or guardian of the child or not, who knowingly or willfully,
1. Aids, causes, abets or connives with the commission by a child of a

delinquency, or
2. Does any act producing, promoting, or contributing to a child’s being

or becoming a juvenile delinquent, shall be punished by a fine not exceeding
five hundred pesos or to imprisonment for a period not exceeding two years,
or both such fine and imprisonment, at the discretion of the court.
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Title IX
COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH
CHAPTER 1.
Creation and Composition
ART. 205. Creation of the Council for the Welfare of Children. – A

Council for the Welfare of Children is hereby established under the Office
of the President. The Council shall be composed of the Secretary of Social
Welfare as Chairman, and seven members, namely: The Secretary of Justice,
the Secretary of Labor, the Secretary of Education and Culture, the Secretary
of Health, the Presiding Judge of the Juvenile and Domestic Relations Court,
City of Manila, and two representatives of voluntary welfare associations to
be appointed by the President of the Philippines, each of whom shall hold
office for a term two years.
There shall be a permanent Secretariat for the Council headed by an

Executive Director, to be appointed by the Chairman and approved by a
majority of the members of the Council.
For actual attendance at regular meetings, the Chairman and each

member of the Council shall receive a per diem of one hundred pesos for
every meeting actually attended, but the total amount of per diem that the
Chairman and a member may receive in a month shall in no case exceed
five hundred pesos.
ART. 206. Appropriation. – The sum of five million pesos is hereby

appropriated, out of any funds in the National Treasury not otherwise
appropriated, for the operation and maintenance of the Council for the
Welfare of Children and Youth during the fiscal year. Thereafter, such sums
as may be necessary for its operation and maintenance shall be included in
the General Appropriations Decree.
ART. 207. Powers and Functions. – The Council for the Welfare of
Children and Youth shall have the following powers and functions:
539
1. To coordinate the implementation and enforcement of all laws relative

to the promotion of child and youth welfare;
2. To prepare, submit to the President and circulate copies of long-

range programs and goals for the physical, intellectual , emotional, moral,
spiritual, and social development of children and youth, and to submit to
him an annual report of the progress thereof;
3. To formulate policies and devise, introduce, develop and evaluate

programs and services for the general welfare of children and youth;
4. To call upon and utilize any department, bureau, office, agency, or

instrumentality, public, private or voluntary, for such assistance as it may
require in the performance of its functions;
5. Perform such other functions as provided by law.
ART. 208. Offices to Coordinate with the Council for Welfare of

Children. – The following offices and agencies shall coordinate with the
Council for the Welfare of Children and Youth in the implementation of
laws and programs on child and youth welfare:
1. Department of Justice
2. Department of Social Welfare
3. Department of Education and Culture
4. Department of Labor
5. Department of Health
6. Department of Agriculture
7. Department of Local Government and Community Development;
540
8. Local Councils for the Protection of Children; and such other

government and private agencies which have programs on child and youth
welfare.
Existing as well as proposed programs of the above-named agencies as

well as other government and private child and youth welfare agencies as
may be hereafter created shall be implemented by such agencies: Provided,
That, with the exception of those proposed by the Local Councils for the
Protection of Children, all long-range child and youth welfare programs
shall, before implementation, be indorsed by the agencies concerned to
their respective departments, which shall in turn indorse the same to the
Council for the Welfare on Children and Youth, for evaluation, cooperation
and coordination.
CHAPTER 3.
Implementation of Code and Rule-Making Authority
ART. 209. Implementation of this Code and Rule-Making Authority.

– The enforcement and implementation of this Code shall be the primary
responsibility of the Council for the Welfare of Children. Said Council shall
have authority to promulgate the necessary rules and regulations for the
purpose of carrying into effect the provisions of this Code.
FINAL PROVISIONS
ART. 210. General Penalty. – Violations of any provisions of this

Code for which no penalty is specifically provided shall be punished by
imprisonment not exceeding one month or a fine not exceeding two hundred
pesos, or both such fine and imprisonment at the discretion of the court,
unless a higher penalty is provided for in the Revised Penal Code or special
laws.
ART. 211. Repealing Clause. – All laws or parts of any laws inconsistent
with the provisions of this Code are hereby repealed or modified accordingly:
Provided, That the provisions of the Dangerous Drugs Act of 1972 and
amendments thereto shall continue to be in force and shall not be deemed
modified or repealed by any provision of this Code.
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ART. 212. Separability Clause. – If any provision of this Code is

held invalid, the other provisions not affected thereby shall continue in
operation.
ART. 213. Effectivity Clause. – This Code shall take effect six months
after its approval.
Done in the City of Manila, this 10th day of December, in the year of
Our Lord, nineteen hundred and seventy-four.
(Sgd.) FERDINAND E. MARCOS

By the President:
(Sgd.) ALEJANDRO MELCHOR

Executive Secretary
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MALACAÑANG
Manila
PROVIDING FOR COMPULSORY BASIC IMMUNIZATION FOR

INFANTS AND CHILDREN BELOW EIGHT YEARS OF AGE
WHEREAS, the Child is one of the most important assets of the nation
and every effort should be exerted to promote his welfare and enhance his
opportunities for a useful and happy life;
WHEREAS, the Child can be protected against death, disease, and

disability through an integrated and comprehensive basic immunization
program for infants and children below eight years of age;
WHEREAS, immunization against tuberculosis, diphtheria, tetanus,

pertussis, poliomyelitis, measles, rubella, and other diseases is proven
and universally applied and generally accepted to be efficient, safe, and
economical measures against the morbid and devastating effects of these
diseases on infants and children;
WHEREAS, the Department of Health has the necessary resources for

nationwide BCG Vaccination and resources can be developed for other
immunizations to meet the needs for preventive services for infants and
children;

Philippines, by virtue of the powers vested in me by the Constitution, do
hereby decree and order the following:
SECTION 1. Coverage. – Basic immunization against certain diseases

shall be compulsory for infants and children below eight years of age;
SEC. 2. Scope. – Basic immunization services shall include: (a)

BCG Vaccination against tuberculosis; (b) Inoculation against diphtheria,
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tetanus, and pertussis; (c) Oral poliomyelitis immunization; (d) Protection

against measles; (e) Immunization against rubella; and (f) such other basic
immunization services for infants and children below eight years of age which
the Council for the Welfare of Children may recommend to the Secretary of
Health.
SEC. 3. Implementation by the Department of Health. – The Department

of Health shall provide free basic immunization services under this Decree,
subject to rules and regulations as the Secretary of Health shall issue on the
immunization, ages, schedules, procedures, and available resources to carry
out the purposes of this Decree.
SEC. 4. Responsibility of Parents, the Guardian, or Person Having

Custody of the Infant or Child. – It shall be the duty of the parents, guardian,
or person having custody of the infant or child to see to it that such infant
or child is presented for basic immunization services at such place and time
as specified by the Department of Health.
SEC. 5. Responsibility of the Head of a School or Institution. – The head

of an institution where infants or children are educated, treated, cared for,
or committed by law for preventive or rehabilitative services shall provide
basic immunization services: Provided, that arrangements may be made by
the said institution with the Department of Health for free immunization
services.
SEC. 6. Immunization of School Entrants.– It shall be the duty of all

schools, public and private, to provide basic immunization services to
all pre-school and primary school entrants who have not received such
immunization, subject to rules and regulations as the Secretary of Health
may promulgate.
SEC. 7. Penalty. – Violations of any provision of this Decree shall be

punished by imprisonment not exceeding one month or a fine not exceeding
two hundred pesos, or both such fine and imprisonment at the discretion of
the court, unless a higher penalty is provided for in the Revised Penal Code
or special laws.
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SEC. 8. Repealing Clause. – All laws or any parts of any laws

inconsistent with the provisions of this Decree are hereby repealed or
SEC. 9. Separability Clause. – If any provision of this Decree is

held invalid, the other provisions not affected thereby shall continue in
operation.
SEC. 10. Effectivity Clause. – This Decree shall take effect upon its
approval.
Done in the City of Manila, this 16th day of September, in the year of
Our Lord, nineteen hundred and seventy-six.
(Sgd.) FERDIINAND E. MARCOS

By the President:
(Sgd.) JACOBO C. CLAVE
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MALACAÑANG
Manila
A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING

THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING
MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS
ADMINISTRATION AND FOR OTHER PURPOSES
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BOOK ONE
GENERAL PROVISIONS
Title I
TITLE AND PURPOSES OF CODE
ARTICLE 1. Title. – This decree shall be known as the “Code of Muslim

Personal Laws of the Philippines.”
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BOOK TWO
PERSONS AND FAMILY RELATIONS
Title I
CIVIL PERSONALITY (SHAKHSIYAH MADANIYA)
ART. 8. Legal capacity. – Juridical capacity, which is the fitness to be

the subject of legal relations, is inherent in every natural person and is lost
only through death. Capacity to act, which is the power to do acts with legal
effect, is acquired and may be lost.
ART. 9. Restrictions on capacity. – The following circumstances, among

others, modify or limit capacity to act: age, insanity, imbecility, the state of
being deaf-mute, the condition of death-illness (marad-ul-maut), penalty,
prodigality, absence, family relations, alienage, insolvency, and trusteeship.
The consequences of these circumstances are governed by this Code and
other Islamic laws and, in a suppletory manner, by other laws.
ART. 10. Personality, – how acquired. Birth determines personality;

but the conceived child shall be considered born for all purposes that are
favorable to it, provided it be born alive, however, briefly, at the time it is
completely delivered from the mother’s womb.
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ART. 54. Effects of irrevocable talaq or faskh. – A talaq or faskh, as

soon as it becomes irrevocable, shall have the following effects:
(a) The marriage bond shall be severed and the spouses may contract
another marriage in accordance with this Code;
(b) The spouses shall lose their mutual rights of inheritance;
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(c) The custody of children shall be determined in accordance with

Article 78 of this code;
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Title III
PATERNITY AND FILIATION
ART. 58. Legitimacy, how established. – Legitimacy of filiation is

established by evidence of valid marriage between the father and the mother
at the time of the conception of the child.
ART. 59. Legitimate children.
(1) Children conceived in lawful wedlock shall be presumed to be

legitimate. Whoever claims illegitimacy of or impugns such filiation must
prove his allegation.
(2) Children born after six months following the consummation of

marriage or with two years after the dissolution of the marriage shall be
presumed to be legitimate. Against this presumption no evidence shall be
admitted other than that of the physical impossibility of access between the
parents at or about the time of the conception of the child.
ART. 60. Children of subsequent marriage. – Should the marriage be

dissolved and the wife contracts another marriage after the expiration of
her ‘IDDA, the child born within six months from the dissolution of the
prior marriage shall be presumed to have been conceived during the former
marriage, and if born thereafter, during the later.
ART. 61. Pregnancy after dissolution. – If, after the dissolution of

marriage, the wife believes that she is pregnant by her former husband, she
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shall, within thirty days from the time she became aware of her pregnancy,
notify the former husband or his heirs of that fact. The husband or his heirs
may ask the court to take measures to prevent a simulation of birth.
ART. 62. Rights of legitimate child. – A legitimate child shall have the
right:
(a) To bear the surnames of the father and of the mother;
(b) To receive support from the father or, in his default, from his heirs
in accordance with Articles 65 and 68; and
(c) To share in the legitimate (furud) and other successional rights which
this Code recognizes in his favor.
ART. 63. Acknowledgment by father.– Acknowledgment (igra) of a

child by the father shall establish paternity and confer upon each the right
inherit from the other exclusively in accordance with Article 94, provided
the following conditions are complied with:
(a) The acknowledgment is manifested by the father’s acceptance in

public that he is the father of the child who does not impugn it; and
(b) The relations does not appear impossible by reason of disparity in age.
ART. 64. Adoption. – No adoption in any form shall confer upon any
person the status and rights of a legitimate child under Muslim law, except
that said person may receive a gift (hiba).
Title IV
SUPPORT (NAFAQA)
Article 65. Support defined. Support (nafaqa) includes everything that is

indispensable for sustenance, dwelling, clothing and medical attendance
according to the social standing of the person obliged to give it, and the
education of the person entitled to the support until he completes his
education, training, or vocation even beyond the age of majority.
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ART. 66. Amount. – The amount of support shall be in proportion to the

resources of the giver and to the needs of the recipient.
Article 67. Support for wife and infant.
(1) The wife shall be entitled to support during the marriage. In cases
of divorce, (talaq), her right shall be extended up to the expiration of the
‘idda. However, in case the wife is pregnant at the time of the separation,
she shall be entitled to support until delivery.
(2) Any divorced nursing mother who continues to breastfeed her child
for two years shall be entitled to support until the time of weaning.
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Title V
PARENTAL AUTHORITY
Chapter One
NATURE AND EFFECTS
ART. 71. Who exercises.
(1) The father and the mother shall jointly exercise just and reasonable
parental authority and fulfill their responsibility over their legitimate and
acknowledged children. In case of disagreement, the father’s decision shall
prevail unless there is a judicial order to the contrary.
(2) The mother shall exercise parental authority over her children born
out of wedlock, but the court may, when the best interests of the children so
require, appoint a general guardian.
ART. 72. Duty to parents.

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(1) Children shall respect, revere, and obey their parents always unless
the latter cast them into disbelief.
(2) Grandparents are likewise entitled to respect and reverence, and

shall be consulted whenever practicable by all members of the family on all
important questions.
ART. 73. Duty to children. – Every parent and every person exercising
parental authority shall see to it that the rights of the children are respected,
and their duties complied with, and shall particularly by precept and example,
imbue them with religious and civic attachment to the ideal of permanent
world peace.
ART. 74. Effects upon person of children. – The parents have, with
respect to their unemancipated children:
(a) The duty to support them, have them in their company, educate and
instruct them in keeping with their means and represent them in all actions
which shall redound to their benefits; and
(b) The power to correct, discipline, and punish them moderately.
ART. 75. Effects upon property of children.
(1) The father, or in his absence the mother, shall be the legal
administrator of the property of the child under parental authority. If the
property is worth more than five thousand pesos, the father or the mother
shall give a bond to be approved by the court.
(2) The court may appoint a guardian (wasi) in the absence of one who
is natural or testamentary.
ART. 76. Parental authority non-transferable. – Parental authority can

neither be renounced nor transferred except as otherwise provided in this
Code and the general principles of Islamic law.
ART. 77. Extinguishment of parental authority.

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(1) Parental authority terminates upon the death of the parents or the
child, or upon emancipation.
(2) Subject to Article 78, the widowed mother who contracts a

subsequent marriage shall lose parental authority and custody over all
children by the deceased husband, unless the second husband is related to
them within the prohibited degrees of consanguinity.
(3) The court may deprive a person of parental authority or suspend

the exercise thereof if he treats his children with excessive harshness, gives
then corrupting or immoral orders and counsel, or abandons them.
Chapter Two
CUSTODY AND GUARDIANSHIP
ART. 78. Care and custody.
(1) The care and custody of children below seven years of age whose
parents are divorced shall belong to the mother or, in her absence, to the
maternal grandmother, the paternal grandmother, the sister and aunts. In their
default, it shall devolve upon the father and the nearest paternal relatives. The
minor above seven years of age but below the age of puberty may choose
the parent with whom he wants to stay.
(2) The unmarried daughter who has reached the age of puberty shall
stay with the father; the son, under the same circumstances, shall stay with
the mother.
ART. 79. Guardian for marriage (wali). – The following persons

shall have authority to act as guardian for marriage (wali) in the order of
precedence:
(a) Father
(b) Paternal grandfather;
(c) Brother and other paternal relatives;
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(d) Paternal grandfather’s executor or nominee; or
(e) The court.
ART. 80. Guardian of minor’s property. – The following persons

shall exercise guardianship over the property of minors in the order of
precedence:
(a) Father;
(b) Father’s executor or nominee;
(c) Paternal grandfather;
(d) Paternal grandfather’s nominee; or
(e) The court.
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BOOK THREE
SUCCESSION
Title I
GENERAL PROVISIONS
ART. 89. Succession defined. – Succession is a mode of acquisition by

virtue of which the estate of a person is transmitted to his heirs or others in
accordance with this code.
ART. 90. Successional rights, when vested. – The rights to succession

are transmitted from the moment of the death of the decedent. The right to
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succession of any heir who predeceases the decedent shall not be transmitted
by right of representation to his own heirs.
ART. 91. Requisites of succession. – No settlement of the estate of a

deceased person shall be effected unless:
(a) The death of the decedent is ascertained;
(b) The successor is alive at the time of the death of the decedent;
and
(c) The successor is not disqualified to inherit.
ART. 92. Inheritance (Mirath). – The inheritance of a person includes

all properties of any kind, movable or immovable, whether ancestral or
acquired either by onerous or gratuitous title, as well as all transmissible
rights and obligations at the time of his death and those that accrue thereto
before partition.
ART. 93. Disqualifications to succession. –The following shall be

disqualified to succeed:
(a) Those who have intentionally caused directly or indirectly the death
of the decedent;
(b) Those who have committed any other act which constitutes a ground
disqualification to inherent under Islamic law; and
(c) Those who are so situated that they cannot inherit under Islamic
law.
ART. 94. Succession from acknowledging person. – Without prejudice to

the order of succession of heirs, mutual rights of inheritance shall obtain:
(a) Between the acknowledging father and the acknowledged child;

and
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(b) Between the kinsman acknowledged through another person and

the acknowledger.
ART. 95. Succession by illegitimate child. – A child who was the cause
of the mother’s having been divorced by li’an shall have mutual rights of
succession only with the mother and her relatives.
ART. 96. Succession between divorced persons.
(1) The husband who divorces his wife shall have mutual rights of
inheritance with her while she is observing her ‘idda. After the expiration
of the ‘idda, there shall be no mutual rights of succession between them.
(2) The husband who, while in a condition of death-illness, divorces

his wife shall not inherit from her, but she shall have the right to succeed
him even after the expiration of her ‘idda.
ART. 97. Succession by conceived child. – A child conceived at the time

of the death of the decedent shall be considered an heir provided it be born
later in accordance with Article 10; its corresponding share shall be reserved
before the estate is distributed.
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Title II
TESTAMENTARY SUCCESSION
Chapter One
WILLS
ART. 101. Will defined. – A will (wasiya) is a declaration whereby a

person is permitted, with the formalities prescribed by law, to control the
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disposition after his death of not more than one-third of his estate, if there
are heirs, or the whole of it, if there are no heirs or distant kindred.
ART. 102. Formalities.
(1) The making of a will is strictly a personal act; it cannot be left in

whole or in part to the discretion of a third person or accomplished through
the instrumentality of an agent.
(2) A will may be declared orally or in writing in a manner that shows

clearly the intention of the testator to execute it in the presence of a least
two competent, credible and disinterested witnesses.
ART. 103. Proof of will.
(1) No nuncupative will shall pass any property of the decedent unless
it is proved and allowed in accordance with a solemn oath or affirmation of
all the witnesses who attested to its declaration.
(2) No will of any other kind, holographic or formal, shall pass any
property unless it is proved and allowed in accordance with this Code.
ART. 104. Testamentary wagf. – An endowment for Islamic purposes

to take effect after the death of the donor (wagf-bill-wasiya) partakes of the
nature of a testamentary disposition.
ART. 105. Capacity to make a will. – Any person of sound and disposing
mind and who is not expressly prohibited by Islamic law may make a will.
Persons of either sex under the age of puberty cannot make a will.
ART. 106. Disposable third.
(1) The testator, in his will, cannot dispose of more than one-third of his
estate. Any bequest in excess thereof shall not be given effect unless ratified
by the heirs. In any case, the bequest must be accepted by the legatee.
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(2) A bequest to any sharer or residuary shall not be valid unless ratified
by the testator’s heirs existing at the time of his death.
ART. 107. Bequest by operation of law. – Should the testator die without
having made a bequest in favor of any child of his son who predeceased him,
or who simultaneously dies with him, such child shall be entitled to one-third
of the share that would have pertained to the father if he were alive. The
parent or spouse, who is otherwise disqualified to inherit in view of Article
93 (c), shall be entitled to one-third of what he or she would have received
without such qualification.
ART. 108. Revocation of will. – Will may be expressly or impliedly

revoked by the testator at any time before his death. Any waiver or restriction
of this right shall be void.
ART. 109. Partial invalidity of will. – The invalidity of one of several

provisions of a will shall not result in the invalidity of the others, unless it is
to be presumed that the testator would not have made such other provisions
if the first invalid provision had not been made.
Title III
LEGAL SUCCESSION
Chapter One
SHARES
ART. 110. Who are sharers. – The following persons shall be entitled to
the inheritance as sharers to the extent set forth in the succeeding articles:
(a) The husband, the wife;
(b) The father, the mother, the grandfather, the grandmother;
(c) The daughter and the son’s daughter in the direct line;
(d) The full sister, the consanguine sister, the uterine sister and the
uterine brother.
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ART. 111. Share of surviving husband. – The husband surviving together

with a legitimate child or a child of the decedent’s son shall be entitled to
one-fourth of the hereditary estate; should there be no such descendants, he
shall inherit one-half of the estate.
ART. 112. Share of surviving wife. – The wife surviving together with
a legitimate child or a child of the decedent’s son shall be entitled to one-
eight of the hereditary estate; in the absence of such descendants, she shall
inherit one-fourth of the estate.
ART. 113. Share of surviving father. – The father succeeding together

with the legitimate son of the decedent or a son of the decedent’s son shall
be entitled, as sharer, to one-sixth of the hereditary estate. The father who
succeeds together with a legitimate daughter of the decedent or a daughter
of the decedent’s son shall inherit, as sharer, one-sixth of the inheritance
without prejudice to his share as residuary.
ART. 114. Share of surviving mother. – The mother succeeding as

sharer together with a child or a child of the decedent’s son, or with two or
more brothers or sisters of the decedent, shall be entitled to one-sixth of the
hereditary estate. Should she survive without any such descendant or with
only one brother or sister, she shall inherit one-third of the estate.
ART. 115. Share of paternal grandfather. – The paternal grandfather

succeeding together with the child of the decedent or, in default thereof, with
his descendants in the direct male line however, distant, shall be entitled to
one-sixth of the hereditary estate. Should he survive with any sharer other
than the brothers or sisters of the decedent, he shall be entitled to one-sixth
without prejudice to his right as a residuary.
ART. 116. Share of paternal grandmother. – The paternal grandmother

succeeding in default of the mother, father, or intermediate grandfather of the
decedent shall be entitled, as sharer, to one-sixth of the hereditary estate.
ART. 117. Share of surviving daughter.
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(1) If the decedent leaves no son but one daughter, the latter shall
be entitled to inherit, as sharer, one-half of the hereditary estate. Two or
more daughters shall share equally two-thirds thereof. Should one or more
daughters survive with one or more sons of the decedent, the latter shall be
entitled to double the share of the former.
(2) Should a lone daughter of the decedent survive together with his
son’s daughter, the two-thirds share shall be divided between them, one-half
thereof to pertain to the former and one-sixth of the latter.
ART. 118. Share of son’s daughter. – The son’s daughter shall, in the
absence of any child of the decedent, be entitled to one-half of the hereditary
estate. Two or more daughters of the decedent’s son shall share the two-thirds
of the estate per capita.
ART. 119. Share of full sister. – Should the decedent leave neither
descendant, father, nor full brother, the full sister, shall be entitled as sharer
to the extent of one-half of the hereditary estate. Two or more full sisters
shall inherit two-thirds of the estate per capita.
ART. 120. Share of consanguine sister. – Should the decedent leave

neither descendent, full brother, nor full sister, the consanguine sister shall
be entitled to one-half of the hereditary estate. Two or more consanguine
sisters shall inherit two-thirds of the estate per capita.
ART. 121. Share of uterine brother or sister. – The share of a uterine

brother or sister shall be one-sixth of the hereditary estate should there be
no surviving descendant, father, paternal grandfather, or full brother and
sister of the decedent. Two or more uterine brothers or sisters shall inherit
one-third of the estate per capita.
ART. 122. Participation of full brother.
(1) One or more full brothers and sisters surviving together, or one or
more consanguine brothers or sisters surviving together, shall participate in
the hereditary estate, a brother to inherit double the share of a sister.
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(2) The provision of the next succeeding article notwithstanding, the

full brother shall, if nothing is left for him after the distribution of shares and
he survives with uterine brothers, participate with the latter in the one-third
of the hereditary estate per capita.
ART. 123. Exclusion among heirs. – The exclusion of heirs from the
inheritance shall be governed by the following rules:
(a) In the same line, the relative nearest in degree excludes the more
remote.
(b) Full-blood relatives exclude the consanguine and the uterine.
(c) Whoever is related to the decedent through any person shall not
inherit while the latter is living, except in the case of a mother concurring
with her children.
(d) Heirs who, in a particular case, do not succeed by reason of

disqualification on any ground shall not exclude others.
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Chapter Three
DISTANT KINDRED (DHAW-UL-ARHAM)
A RT. 131. Relatives included. – Distant kindred includes the

following:
(a) The daughter’s children and the children of the son’s daughter and
their descendants;
(b) The excluded grandfather and the excluded grandmother;
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(c) The sister’s children, the brother’s daughters, the sons of the uterine
brother, and their descendants; and
(d) The paternal aunts, the uterine uncles and the maternal aunts and
uncles.
ART. 132. Extent and distribution of shares. – In default of all sharers

and residuaries, the distant kindred shall inherit the entire hereditary estate,
the same to be distributed among them in accordance with Articles 123 and
128.
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Title VI
TRANSITORY AND FINAL PROVISIONS
ART. 186. Effect of code on past acts. – (1) Acts executed prior to the
effectivity of this Code shall be governed by the laws in force at the time
of their execution, and nothing herein except as otherwise specifically
provided, shall affect their validity or legality or operate to extinguish any
right acquired or liability incurred thereby.
(2) A marriage contracted by a Muslim male prior to the effectivity of

this Code in accordance with non-Muslim law shall be considered as one
contracted under Muslim law provided the spouses register their mutual
desire to this effect.
ART. 187. Applicability Clause. – The Civil Code of the Philippines, the
Rules of Court and other existing laws, insofar as they are not inconsistent
with the provisions of this Code, shall be applied suppletorily.
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ART. 188. Separability clause. – If, for any reason, any article or
provision of this Code is held to be invalid, the same shall not affect the
other articles or provisions hereof.
ART. 189. Repealing clause. – All laws, proclamations, executive orders,

rules and regulations, or any part thereof, inconsistent with provisions of
this Code are hereby correspondingly modified or repealed.
ART. 190. Effectivity. – This Code shall take effect immediately.
Done in the City of Manila this 4th day of February in the year of Our
Lord nineteen hundred and seventy-seven.

By the President:
(Sgd.) JUAN C. TUVERA

Presidential Assistant
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MALACAÑANG
Manila
AMENDING CERTAIN PROVISIONS OF CHAPTER THREE, TITLE

EIGHT OF PRESIDENTIAL DECREE NUMBERED SIX HUNDRED
AND THREE OTHERWISE KNOWN AS THE CHILD AND YOUTH
WELFARE CODE AND FOR OTHER PURPOSES
WHEREAS, some of the provisions of Presidential Decree No. 603,

which deal with youthful offenders are deficient or ambiguous;
W HEREAS, it is necessary that said provisions be clarified and

strengthened so as to promote their effectiveness in dealing with juvenile
delinquency;

hereby decree and order as follows:
SECTION 1. Articles 189 and 190 of Presidential Decree No. 603 are
“ART. 189. Youthful Offender, Defined. – A youthful offender is a child,

minor or youth, including one who is emancipated in accordance with law
who is over nine years but under eighteen years of age at the time of the
commission of the offense.
A Child nine years of age or under at the time of the commission of the
offense shall be exempt from criminal liability and shall be committed to
the care of his or her father or mother, or nearest relative or family friend in
the discretion of the court and subject to its supervision. The same shall be
done for a child over nine years and under fifteen years of age at the time of
the commission of the offense, unless he acted with discernment, in which
case he shall be proceeded against in accordance with Article 192.
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The provisions of Article 80 of the Revised Penal Code are hereby

repealed by the provisions of this Chapter.
“ART. 90. Physical and Mental Examination. – It shall be the duty of

the law-enforcement agency concerned to take the youthful offender, after
his apprehension, to any available government medical or health officer in
the area for a physical and mental examination. Whenever treatment for any
physical or mental defect is indicated, steps shall be immediately undertaken
to provide the same.
The examination and treatment papers shall form part of the record of
the case of the youthful offender.”
SEC. 2. Articles 192 and 193 of the same Decree are hereby amended
as follows:
“ART. 192. Suspension of Sentence and Commitment of Youthful

Offender. – If after hearing the evidence in the proper proceedings, the court
should find that the youthful offender has committed the acts charged against
him, the court shall determine the imposable penalty, including any civil
liability chargeable against him. However, instead of pronouncing judgment
of conviction, the court, upon application of the youthful offender if it finds
that the best interest of the public as well as that of the offender will be
served thereby, may suspend all further proceedings and commit such minor
to the custody of care of the Department of Social Welfare, or to any training
institution operated by the government or any other responsible person until
he shall have reached twenty-one years of age, or for a shorter period as the
court may deem proper, after considering the reports and recommendations
of the Department of Social Welfare or the government training institution
or responsible person under whose care he has been committed.
Upon receipt of the application of the youthful offender for suspension

of his sentence, the court may require the Department of Social Welfare to
prepare and submit to the court a social case study report over the offender
and his family.
564
The youthful offender shall be subject to visitation and supervision by

a representative of the Department of Social Welfare or government training
institution as the court may designate subject to such conditions as it may
prescribe.
The benefits of this article shall not apply to a youthful offender who
has once enjoyed suspension of sentence under its provisions or to one who
is convicted of an offense punishable by death or life imprisonment.
“ART. 193. Appeal. – The order of the court denying an application for
suspension of sentence under the provisions of Article 192 above shall not
be appealable.”
SEC. 3. Article 195 of the same Decree is hereby amended to read as

follows:
“ART. 195. – The Department of Social Welfare or government training

institution or individual under whose care the youthful offender has been
committed shall submit to the court every four months or oftener as may be
required in special cases, a written report on the conduct of said youthful
offender as well as the intellectual, physical, moral, social and emotional
progress made by him.”

follows:
“ART. 197. Return of the Youthful Offender to Court. – Whenever

the youthful offender has been found incorrigible or has willfully failed to
comply with the conditions of his rehabilitation programs, or should his
continued stay in the training institution be inadvisable, he shall be returned
to the committing court for the pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while
in commitment, the court shall determine whether to dismiss the case in
accordance with the extent preceding article or to pronounce the judgment
conviction. In the latter case, the convicted offender may apply for probation
565
under the provisions of Presidential Decree Numbered Nine Hundred and

Sixty-Eight.
In any case covered by this article, the youthful offender shall be credited
in the service of his sentence with the full time spent in actual commitment
and detention effected under the provisions of this Chapter.”

follows:
“ART. 200. Records of proceedings. – Where a youthful offender has

been charged before any city or provincial fiscal or before any municipal
judge and the charges have been ordered dropped, all the records of the
case shall be considered as privileged and may not be disclosed directly or
indirectly to any one for any purpose whatsoever.
Where a youthful offender has been charged and the court acquits him,
or dismisses the case or commits him to an institution and subsequently
releases him pursuant to this Chapter, all the records of his case shall also be
considered as privileged and may not be disclosed directly or indirectly to
anyone except to determine if a defendant may have his sentence suspended
under Article 192 of this Decree or if he may be granted probation under
the provisions of Presidential Decree Numbered Nine Hundred and Sixty-
Eight or to enforce his civil liability, if said liability has been imposed in
the criminal action. The youthful offender concerned shall not be held
under any provision of law to be guilty of perjury or of concealment or
misrepresentation by reason of his failure to acknowledge the case or recite
any fact related thereto in response to any inquiry made to him for any
purpose.
“Records” within the meaning of this article shall include those which
may be in the files of the National Bureau of Investigation and with any
police department, or any other government agency which may have been
involved in the case.”
SEC. 6. This Decree shall take effect immediately.
566
Done in the City of Manila, this 15th day of August, in the year of Our
Lord, nineteen hundred and seventy-seven.

By the President:
(Sgd.) JACOBO C. CLAVE

Presidential Executive Assistant
567
MALACAÑANG
Manila
AMENDING CERTAIN PROVISIONS OF CHAPTER THREE,

TITLE EIGHT OF PRESIDENTIAL DECREE NUMBERED SIX
HUNDRED AND THREE AS AMENDED OTHERWISE KNOWN
AS THE CHILD AND YOUTH WELFARE CODE AND FOR OTHER
PURPOSES
WHEREAS, some of the provisions of Presidential Decree No. 603

as amended, which deal with youthful offenders are still deficient or
ambiguous.
W HEREAS, it is necessary that said provisions be clarified and

strengthened so as to promote their effectiveness in dealing with juvenile
delinquency more in particular with youthful offenders involved in offenses
triable by the Military Tribunals.

hereby decree and order as follows:
SECTION 1. ARTICLE 191 of Presidential Decree No. 603 is hereby

“ART. 101. Care of Youthful Offender Held for Examination or Trial.

A youthful offender held for physical and mental examination or trial or
pending appeal, if unable to furnish bail, shall from the time of his arrest
be committed to the care of the Dept. of Social Services and Development
or the local rehabilitation center or a detention home in the province or city
which shall be responsible for his appearance in court whenever required:
Provided, that in the absence of any such center or agency within a reasonable
distance from the venue of the trial, the provincial, city and municipal jail
shall provide quarters for youthful offenders separate from other detainees.
568
The court may, in its discretion upon recommendation of the Department of

Social Services & Development or other agency or agencies authorized by
the Court, release a youthful offender on recognizance, to the custody of his
parents or other suitable person who shall be responsible for his appearance
whenever required. However, in the case of those whose cases fall under the
exclusive jurisdiction of the Military Tribunals, they may be committed at
any military detention or rehabilitation center
.
SEC. 2. ARTICLE 192 of Presidential Decree No. 603 as amended is
further amended to read as follows:
“ART. 192. Suspension of sentence and Commitment of Youthful

Offender. If after hearing the evidence in the proper proceedings, the court
should find that the youthful offender has committed the acts charged against
him, the court, shall determine the imposable penalty, including any civil
liability chargeable against him. However, instead of pronouncing judgment
of conviction, the court upon application of the youthful offender and if it
finds that the best interest of the public as well as that of the offender will
be served thereby, may suspend all further proceedings and commit such
minor to the custody or care of the Department of Social Services and
Development or to any training institution operated by the government or
any other responsible person until he shall have reached twenty one years of
age, or for a shorter period as the court may deem proper, after considering
the reports and recommendations of the Department of Social Services and
Development or the government training institution or responsible person
under whose care he has been committed.
Upon receipt of the application of the youthful offender for suspension

of his sentence, the court may require the Department of Social Services and
Development to prepare and submit to the court a social case study report
over the offender and his family.
The Youthful offender shall be subject to visitation and supervision by

a representative of the Department of Social Services & Development or
government training institution as the court may designate subject to such
conditions as it may prescribe.
569
The benefits of this article shall not apply to a youthful offender who
has once enjoyed suspension of sentence under its provisions or to one who
is convicted of an offense punishable by death or life imprisonment or to
one who is convicted for an offense by the Military Tribunals.
Done in the City of Manila, this 11th day of October in the year of Our
Lord, nineteen hundred and seventy-seven.
(SGD.) FERDINAND E. MARCOS

By the President:
(SGD.) JACOBO C. CLAVE

570
MALACAÑANG
Manila
ESTABLISHING A FOUNDATION FOR RESPIRATORY DISEASES OF

CHILDREN
WHEREAS, pneumonia and other respiratory diseases remains the

number one causes of death of children and youth in the country today;
WHEREAS, the national preventive alert system and the national

compulsory immunization program form part of the network envisioned
by the National Plan of Action for the Decade of the Filipino Child for the
years 1977 to 1987;
WHEREAS, one of the rights of the child under the Child and Youth
Welfare Code, Presidential Decree No. 603. is the right to “proper medical
attention, and all the basic physical requirements of a healthy and vigorous
life; and
WHEREAS, there is an urgent need for a foundation to coordinate the

planning, implementation and evaluation of all activities and resources
related to the prevention, treatment, control, and rehabilitation services to
minimize and eventually eradicate the incidence of respiratory diseases of
children;

hereby order and decree:
SECTION 1. Creation of the Foundation for Respiratory Diseases of

Children. – A Foundation for Respiratory Diseases of Children is hereby
established. The Foundation shall have a Board of Trustees composed of the
Secretary of Health, as chairman, and six members, namely; The President of
571
the Philippine Tuberculosis Society, the President of the Philippine Medical

Associations, the President of the Pediatric Society of the Philippines, the
Executive Director of the Council for the Welfare of Children, and two
representatives of voluntary associations related to the coordination of
health services to children. The two representatives shall be appointed by
the President of the Philippines, upon the recommendation of the Chairman
of the Foundation and shall hold office a term of two years.
There shall be a permanent Secretariat, for the Foundation headed

by an Executive Director, to be appointed by the Board of Trustees upon
recommendation of the Chairman of the Foundation.
For actual attendance at regular meetings, the Chairman and members

of the Board of Trustees shall receive a per diem of one hundred pesos for
every meeting actually attended, but the total amount of per diems shall not
exceed five hundred pesos a month.
SEC. 2. Powers and Functions. – The Foundation shall have the

following powers and functions:
(1) Define goals, purposes, scope and direction of research and other
activities necessary to carry out a program of prevention, treatment and
control of respiratory diseases;
(2) Develop a national respiratory diseases of children research program

and community education to complement the national preventive alert
system of the Council for the Welfare of Children and the basic compulsory
immunization program embodied in Presidential Decree No. 996, otherwise
known as “Compulsory Basic Immunization for Infants and Children Below
Eight Years of Age”;
(3) Provide the mechanism for relating the work of the Foundation
to the National Lung Center of the Country and to such other centers and
hospitals engaged in carrying out programs for the prevention, treatment
and control of respiratory diseases for children below 21 years of age;
572
(4) Align the Foundation objectives and programs to the currently

effective National Plan of Action for the Development of Children and Youth
and to bread socio-economic goals of the New Society;
(5) Perform such other functions as may be provided by law and

which are necessary in carrying out a national program for minimizing and
eventually eradicating the incidence of respiratory diseases in children and
youth.
SEC. 3. Funds and Resources. – The Foundation shall receive the

proceeds of one annual draw from the Philippine Charity Sweepstakes:
Provided, That until such proceeds from the annual draw is made available
the sum of five hundred thousand pesos for the operation and maintenance
of the Foundation is hereby appropriated out any funds in the National
Treasury not otherwise appropriated for the first year of operations. The
proceeds from one special draw for the Foundation shall be made available
the year following the effectivity of this Decree.
SEC. 4. Repealing Clause. – All laws or parts of laws inconsistent with

the provisions of this Decree are hereby repealed or modified accordingly.
S EC . 5. Effectivity Clause. – This Decree shall take effect

immediately.
Done in the City of Manila, this 11th day of June, in the year of Our
Lord, nineteen hundred and seventy-eight.

By the President:

573
MALACAÑANG
Manila
PROVIDING FOR A NATIONAL PROGRAM FOR SOCIAL SERVICES

AND DEVELOPMENT FOR THE FILIPINO CHILDREN AND
YOUTH
WHEREAS, it is the responsibility of the state to protect the young, enable

them to survive and develop, and help them to assume their responsibilities
as citizens, now and in the future, in order to achieve for themselves and the
generations after them self-fulfillment and happiness;
WHEREAS, it is mandated by the Constitution and the provision of

Presidential Decree No. 603 that operational services be installed, by both
public and private agencies to achieve this objective;
WHEREAS, there is a need to preserve and strengthen the family as a

basic social institution in the delivery of services of children and youth;
WHEREAS, there are twenty million children and youth below 21 years
of age, with special priority for those belonging to families earning less than
the subsistence level; and
WHEREAS, in the recently concluded President’s Conference for the

Welfare of the Filipino Children and Youth the need to strengthen social
services was clearly emphasized;

SECTION 1. Programs, services and strategies must be geared for the

following purposes:
574
(a) Strengthen the family as the basic social institution for the
development of children and youth, particularly its unity and socio-economic
stability.
(b) Integrated religious and cultural values in all services for families,
children and youth.
(c) Maximize responsible participation by the youth planning, decision-

making, implementation and evaluation.
(d) Provide for linkages with the economic and industrial sectors so that
the services will be part of the national economic development program.
(e) Develop and make available substitute parental care for children
and youth who can not be serve in their own homes.
(f) Establish on the regional level, detention centers for youth officers
and rehabilitation centers for children and youth with special needs.
SEC. 2. The Department of Social Services and Development shall

establish a comprehensive operational network under its administrative
machinery and a unified system which will not ensure the child and youth
service delivery system under Presidential Decree No. 603 but also foster
coordination and collaboration among agencies as soon as possible for the
proper delivery of services at all levels.
Lord, nineteen hundred and seventy-eight.

By the President:

575
MALACAÑANG
RESIDENCE OF THE PRESIDENT OF THE PHILIPPINES
Manila
EXTENDING RETIREMENT BENEFITS TO UNMARRIED SURVIVING

CHILDREN OF MAJORITY AGE, OR TO SURVIVING PARENTS,
OR TO UNMARRIED BROTHERS AND SISTERS OF MILITARY
PERSONNEL WHO DIE IN LINE OF DUTY
WHEREAS, pursuant to the provisions of Section 3 of Republic Act

Numbered 340, as amended, only the surviving spouse and the minor and
unmarried legitimate, adopted or acknowledged natural children of retirable
military personnel who die in line of duty are entitled to receive monthly
pension, to the exclusion of surviving parents, unmarried children of majority
age, and unmarried brothers and sisters;
W HEREAS , under Presidential Decree No. 1044, the survivor

beneficiaries of military personnel who are not yet retirable, and who die in
line of duty, are the minor and unmarried surviving children, and the surviving
parents, to the exclusion of surviving unmarried children of majority age
and surviving unmarried brothers and sisters;
WHEREAS, under the new Civil Code, the right of inheritance in intestate
succession, in the absence of legitimate children and their descendants
and legitimate parents and ascendants, and illegitimate children and their
descendants, whether legitimate or illegitimate, is extended to brothers and
sisters and even to other collateral relatives within the fifth civil degree even
if there is a surviving spouse;
WHEREAS, there are instances where unmarried military personnel who

die in line of duty are survived only by their unmarried children of majority
age, or their parents, or unmarried brothers and sisters;
576
WHEREAS, in line with the concept of intestate succession extending the

right of inheritance to brothers and sisters in default of direct descendants and
ascendants, and to give meaning to the Filipino tradition of family solidarity
among parents and children and among brothers and sisters, it is fitting and
proper to include parents, brothers and sisters as survivor beneficiaries of
deceased military personnel.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of

the Philippines, by virtue of the power vested in me by the Constitution, do
hereby decree as part of the law of the land the following:
SECTION 1. The following provision shall be inserted as Section 3-A

of Republic Act Numbered three hundred and forty, as amended:
“SEC. 3-A. Upon the death of an officer or enlisted man who would,
at the time he died, be entitled to retire under Section one of Republic Act
No. 340, as amended or to separation under Presidential Decree No. 1044,
but without any beneficiary who is eligible to receive retirement pension
or benefits thereunder, his unmarried surviving legitimate, adopted or
acknowledged natural children, who have reached twenty-one years of age,
or in their absence, his surviving parent or parents, or in default thereof,
his surviving unmarried brothers and sisters, shall be entitled to receive in
equal shares a gratuity equivalent to one month of his base and longevity
pay on the date of his death for every year of service to be payable in one
lump sum.”
SEC. 2. This Decree shall take effect upon approval, provided that the
benefits herein granted shall extend to the beneficiaries of military personnel
who died in line of duty on or after the declaration of Martial Law on
September 21, 1972.
Done in the City of Manila, this 24th day of August in the year of Our
Lord, nineteen hundred and seventy-nine.
577
( Sgd. ) FERDINAND E. MARCOS

By the President:
( Sgd. ) JACOBO C. CLAVE

578
MALACAÑANG
Manila
EXEMPTING “SAVE THE CHILDREN FEDERATION, INC.” FROM

THE PAYMENT OF TAXES AND CUSTOMS DUTIES
WHEREAS, the Save the Children Federation, Inc. (Federation) is a

non-stock, non-profit, international social welfare organization, no part of
the net income of which inures to the benefit of any of its members;
WHEREAS, in the pursuit of its goals, the Federation needs funds and
resources to support its operations and activities;
WHEREAS, at present the funds and resources of the Federation are

being subjected to tax and customs duties;
WHEREAS, considering the social welfare nature of the Federation’s

activities and undertakings for child care and youth development, which
makes it a partner of the government in this regard, it is but fitting and proper
that its funds and resources be exempt from the payment of taxes, customs
duties and other fees.
NOW, THEREFORE I, FERDINAND E. MARCOS, President of the

S ECTION 1. Any provision of existing laws to the contrary

notwithstanding, the funds, resources, and earnings of the Save the Children
Federation, Inc., shall be exempt from the payment of any and all taxes and
customs duties to which they are otherwise subject.
SEC. 2. All laws, decrees, orders, rules and regulations or parts thereof
inconsistent herewith are hereby repealed or modified accordingly.
579
Done in the City of Manila, this 30th day of January, in the year of Our
Lord, nineteen hundred and eighty-four.

By the President:
(SGD.) MANUEL M. LAZARO

Presidential Assistant for Legal Affairs
580
MALACAÑANG
Manila
FILIPINO CHILDREN AND YOUTH PARTICIPATION IN THE

NATIONAL-BUILDING LAW OF 1985
WHEREAS, the children and youth of this country aged below one year
to twenty-four years constitute 62 percent of the entire population;
WHEREAS, the Constitution of the Philippines provides that the “State

recognizes the vital role of the youth in nation-building and shall promote
their physical, intellectual and social well-being;”
WHEREAS, the child and youth welfare code, Presidential Decree 603
as amended, declares that the “Child is one of the most important assets
of the nation” and that every effort is being exerted today to promote his
survival and development and enhance his opportunities for a useful and
happy life;
WHEREAS, the decade of the Filipino child covering the period of

1977 to 1987 has resulted in the overall improvement of the quality of life
of Filipino children and youth below 25 years through significant changes
in and the reduction of the effect of serious problems affecting the young in
mortality, morbidity, malnutrition, illiteracy, ignorance, ill-effects of poverty,
disability, delinquency including drug and child abuse, and disadvantage due
to the under-development of communities in which they live; and
WHEREAS,1985 is the United Nations International Year of Youth (IYY)

and that the Philippines has appropriately observed this year with action and
services that implement the theme of IYY of “Participation, Development
Peace”.
581

hereby decree as follows:
SECTION 1. This Decree shall be known as the Filipino Children and

Youth Participation in Nation-building Law of 1985.
SEC. 2. December 7 to 11 of every year shall be called “National Youth

Participation in National-building” period and shall be observed with the
annual election of a youth mayor and local city or municipal officials in every
city and municipality and with the annual election of a youth governor and
provincial officials in every province, together with the launching of projects
which maximize participation of youth in governmental affairs and focus
on the survival and total development of children and youth. Youth elected
to the positions provided in this section shall be between the ages of 15 to
20.
SEC. 3. There is hereby created a youth Batasang Pambansa which will

shall be composed of not more than 200 youth representatives. Each youth
Batasang Pambansa representative shall be appointed by the incumbent
member of the Batasang Pambansa and shall be a youth between the ages
20-24.
The first youth Batasang Pambansa shall convene on December

7, 1987 and shall hold sessions until December 11, 1987 to consider
recommendations on the survival, welfare, and total development of children
and youth from below one year to twenty-four years. Thereafter, the Youth
Batasang Pambansa shall convene every year on December 7 to December
11 to consider recommendations for legislation and/or executive policy or
program. The Youth Batasang Pambansa shall elect its youth speaker and
such other officials which it shall consider necessary.
SEC. 4. Every child-caring and/or youth-serving organization shall elect

or otherwise appoint a youth president or chairman of the board who shall be
582
a member of the governing board of such child-caring and/or youth-serving

organization with the right to vote and to fully participate in the decision-
making of the governing board. The youth president or chairman of the board
shall be between the ages of 15 to 24 and shall be elected annually during
the period for “National Youth Participation in Nation-building.”
SEC. 5. The youth mayors and local officials, the youth governor and
provincial officials, the youth batasang pambansa, and the youth presidents or
chairmen of the board of child-caring and/or youth-serving organization shall
convene as a deliberate and recommendatory body during the observance of
the fourth president ‘s national conference on the development of children
and youth in 1990 and every five years thereafter to present recommendations
to the President of the Philippines on the survival, welfare, and total
development of children and youth between the ages of below one year to
twenty-four years.
SEC. 6. The council for the welfare of children created under the Child
and Youth Welfare Code, Presidential Decree No. 603, as amended, is
hereby designated as the implementing body for this decree. For the purpose
of fully implementing the provisions of P.D. 603 as amended, Article 205
thereof is hereby amended to includes as ex officio members of the council
for the welfare of children the following officials: the Minister of Human
Settlements, the Minister of Local Government, the Speaker of the Batasang
Pambansa, and the Executive Director of the Council. The youth speaker of
the Youth Batasang Pambansa shall be invited to council meeting when the
Youth Batasang Pambansa is in session. The Executive Director shall head
the Secretariat for the projects under this Decree and shall have the rank,
privilege, and emoluments of a career executive service officer 1.
SEC. 7. All laws or parts of any inconsistent with the provisions of this
decree are hereby repealed or modified accordingly.
SEC. 8. If any provision of this decree is held invalid, the other provisions
not affected thereby shall continue in operation.
583
SEC. 9. This decree shall take effect upon approval.
APPROVED this 16th day of December 1985, in the year of Our Lord,
nineteen hundred and eighty-five, in Malacañang.

By the President:
584
MALACAÑANG
Manila
EXECUTIVE ORDER NO. 51
ADOPTING A NATIONAL CODE OF MARKETING OF BREASTMILK

SUBSTITUTES, BREASTMILK SUPPLEMENTS AND RELATED
PRODUCTS, PENALIZING VIOLATION THEREOF, AND FOR
OTHER PURPOSES
WHEREAS, in order to ensure that safe and adequate nutrition for

infants is provided, there is a need to protect and promote breastfeeding
and to inform the public about the proper use of breastmilk substitutes and
supplements and related products through adequate, consistent and objective
information and appropriate regulation of the marketing and distribution of
the said substitutes, supplements and related products;
WHEREAS, consistent with Article II of International Code of Marketing

of Breastmilk Substitutes, the present government should adopt appropriate
legislation to give effect to the principles and aim of the aforesaid International
Code;
NOW, THEREFOR, I, CORAZON C. AQUINO, President of the

Philippines, do hereby order
SECTION 1. Title. – This Code shall be known and cited as the “National
Code of Marketing of Breastmilk Substitutes, Breastmilk Supplement and
Other Related Products.”
SEC. 2. Aim of the Code. – The aim of the Code is to contribute to the
provision of safe and adequate nutrition for infants by the protection and
promotion of breastfeeding and by ensuring the proper use of breastmilk
substitutes and breastmilk supplements when there are necessary, on the
basis of adequate information and through appropriate marketing and
distribution.
585
SEC. 3. Scope of the Code. – The Code applies to the marketing and
practices related thereto, of the following products: breastmilk substitutes,
including infant formula; other milk products, foods and beverages, including
bottled complementary foods, when marketed or otherwise represented to be
suitable, with or without modification, for use as a partial or total replacement
of breastmilk; feeding bottles and teats. It also applies to their quality and
availability, and to information concerning their use.
SEC. 4. Definition of Terms. – For the purposes of this Code, the

following definition of terms shall govern:
(a) “Breastmilk Substitute” means any food being marketed or otherwise

represented as a partial or total replacement for breastmilk, whether or not
suitable for that purpose.
(b) “Complementary Food” means any food, whether manufactured or

locally prepared, suitable as a complement to breastmilk or to infant formula,
when either becomes insufficient to satisfy the nutritional requirements of the
infant. Such food is also commonly called “weaning food” or “breastmilk
supplement.”
(c) “Container” means any form of packaging of products for sale as

a normal retail unit, including wrappers.
(d) “Distributor” means a person, corporation or any other entity in

the public or private sector engaged in the business (whether directly or
indirectly) of marketing at the wholesale or retail level a product within the
scope of this Code. A “primary distributor” is a manufacturer’s sale agent,
representative, national distributor or broker.
(e) “Infant” means a person falling within the age bracket of 0-12
months.
(f) “Health care system” means governmental, non-governmental or

private institutions or organizations engaged, directly or indirectly, in health
care for mothers, infants and pregnant women; and nurseries or child care
586
institutions. It also includes health workers in private practice. For the

purpose of this code, the health care system does not include pharmacies or
other established sales outlets.
(g) “Health Worker” means a person working in a component of such

health care systems, whether professional or non-professional, including
volunteer workers.
(h) “Infant Formula” means breastmilk substitute formulated

industrially in accordance with applicable Codex Alimentarius standards, to
satisfy the normal nutritional requirements of infants up to between four to
six months of age, and adapted to their physiological characteristics. Infant
formula may also be prepared at home in which case it is described as “home
prepared.”
(i) “Label” means any tag, brand, mark, pictorial or other descriptive
matter, written, printed, stenciled, marked, embossed or impressed on, or
attached to, a container of any product within the scope of this Code.
(j) “Manufacturer” means a corporation or other entity in the public

or private sector engaged in the business or function (whether directly or
through an agent or an entity controlled by or under contract with it) of
manufacturing a product within the scope of this Code.
(k) “Marketing” means product promotion, distribution, selling,

advertising, product public relations, and information services.
(l) “Marketing personnel” means any person whose functions involve

the marketing of a product or products coming within the scope of this
Code.
(m) “Sample” means single or small quantities of a product provided

without cost.
(n) “Supplies” means quantities of a product provided for use over an

extended period, free or at a low price, for social purposes, including those
provided to families in need.
587
SEC. 5. Information and Education.
(a) The government shall ensure that objectives and consistent

information is provided on infant feeding, for use by families, and those
involved in the field of infant nutrition. This responsibility shall cover the
planning, provision, design and dissemination of information, and the control
thereof, on infant nutrition.
(b) Informational and educational materials, whether written, audio, or

visual, dealing with the feeding of infants and intended to reach pregnant
women and mothers of infants, shall include clear information on all the
following point:
(1) the benefits and superiority of breastfeeding;
(2) maternal nutrition, and the preparation for the maintenance of

breastfeeding;
(3) the negative effect on breastfeeding of introducing partial bottle-

feeding;
(4) the difficulty of reversing the decision not to breastfeed; and
(5) where needed, the proper use of infant formula, whether

manufactured industrially or home-prepared. When such materials contain
information about the use of infant formula, they shall include the social and
financial implications of its use; health hazards of unnecessary or improper
use of the infant formula and other breastmilk substitutes. Such materials
shall not use any picture or text which may idealize the use of breastmilk
substitutes.
SEC. 6. The General Public and Mothers.
(a) No advertising, promotion or other marketing materials, whether

written, audio or visual, for products within the scope of this Code shall
be printed, published, distributed, exhibited and broadcasted unless such
588
materials are duly authorized and approved by an inter-agency committee

created herein pursuant to the applicable standards provided for in this
Code.
(b) Manufacturers and distributors shall not be permitted to give,

directly or indirectly, samples and supplies of products within the scope of
this Code or gifts of any sort to any member of the general public, including
members of their families, to hospitals and other health institutions, as well
as to personnel within the health care system, save as otherwise provided
in this Code.
(c) There shall be no point-of-sale advertising, giving of samples or any

other promotion devices to induce sales directly to the consumers at the retail
level, such as special displays, discount coupons, premiums, special sales,
bonus and tie-in sales for the products within the scope of this Code. This
provision shall not restrict the establishment of pricing policies and practices
intended to provide products at lower prices on a long-term basis.
(d) Manufacturers and distributors shall not distribute to pregnant

women or mothers of infants any gifts or articles or utensils which may
promote the use of breastmilk substitutes or bottle feeding, nor shall any
other groups, institutions or individuals distribute such gifts, utensils or
products to the general public and mothers.
(e) Marketing personnel shall be prohibited from advertising or

promoting in any other manner the products covered by this Code, either
directly or indirectly, to pregnant women or with mother of infants, except
as otherwise provided by this Code.
(f) Nothing herein contained shall prevent donations from manufacturers

and distributors of products within the scope of this Code upon request by
or with the approval of the Ministry of Health.
SEC. 7. Health Care System.
(a) The Ministry of Health shall take appropriate measures to encourage

and promote breastfeeding. It shall provide objective and consistent
589
information, training and advice to health workers on infant nutrition, and

on their obligations under this Code.
(b) No facility of the health care system shall be used for the purpose
of promoting infant formula or other products within the scope of this Code.
This Code does not, however, preclude the dissemination of information to
health professionals as provided in Section 8(b).
(c) Facilities of the health care system shall not be used for the display of
products within the scope of this Code, or for placards or posters concerning
such products.
(d) The use by the health care system of “professional service

representatives,” “mothercraft nurses” or similar personnel, provided or
paid for by manufacturers or distributors, shall not be permitted.
(e) In health education classes for mothers and the general public, health
workers and community workers shall emphasize the hazards and risks of the
improper use of breastmilk substitutes particularly infant formula. Feeding
with infant formula shall be demonstrated only to mothers who may not be
able to breastfed for medical or other legitimate reasons.
SEC. 8. Health Workers.
(a) Health workers shall encourage and promote breastfeeding and

shall make themselves familiar with objective and consistent information
on maternal and infant nutrition, and with their responsibilities under this
Code.
(b) Information provided by manufacturers and distributors to health

professionals regarding products within the scope of this Code shall be
restricted to scientific and factual matters, and such information shall
not imply or create a belief that bottlefeeding is equivalent or superior to
breastfeeding. It shall also include the information specified in Section 5.
(c) No financial or material inducements to promote products or

distributors to health workers or members of their families, nor shall these
590
be accepted by the health workers or members of their families, except as

otherwise provided in Section 8(e).
(d) Samples of infant formula or other products within the scope of

this Code, or of equipment or utensils for their preparation or use, shall
not b provided to health workers except when necessary for the purpose
of professional evaluation or research in accordance with the rules and
regulations promulgated by the Ministry of Health. No health workers shall
give samples of infant formula to pregnant women and mothers of infants
or members of their families.
(e) Manufacturers and distributors of products within the scope of this

Code may assist in the research, scholarships and continuing education,
of health professionals, in accordance with the rules and regulations
promulgated by the Ministry of Health.
SEC. 9. Persons Employed by Manufacturers and Distributors. –

Personnel employed in marketing products within the scope of this Code
shall not, as part of their job responsibilities, perform educational functions
in relation to pregnant women or mothers of infants.
SEC. 10. Containers/Labels.
(a) Containers and/or labels shall be designed to provide the necessary

information about the appropriate use of the products, and in such a way as
not to discourage breastfeeding.
(b) Each container shall have a clear, conspicuous and easily readable
and understandable message in Pilipino or English printed on it, or on a
label, which message cannot readily become separated from it, and which
shall include the following points:
(i) the words “Important Notice” or their equivalent;
(ii) a statement of the superiority of breastfeeding;
591
(iii) a statement that the product shall not be used only on the advice of
a health worker as to the need for its use and the proper methods of use; and
(iv) instructions for appropriate preparation, and a warning against

the health hazards of inappropriate preparation.
(c) Neither the container nor the label shall have pictures or texts
which may idealize the use of infant formula. They may, however, have
graphics for easy identification of the product and for illustrating methods
of preparation.
(d) The term “humanized”, “maternalized” or similar terms shall not

be used.
(e) Food products within the scope of this Code marketed for infant
feeding, which do not meet all the requirements of an infant formula but
which can be modified to do so, shall carry on the label a warning that the
unmodified product should not be the sole source of nourishment of an
infant.
(f) The labels of food products within the scope of this Code shall, in
addition to the requirements in the preceding paragraphs, conform with the
rules and regulations of the Bureau of Food and Drugs.
SEC. 11. Quality.
(a) The quality of product is an essential element for the protection of

the health of infants, and therefore shall be of high recognized standard.
(b) Food products within the scope of this Code shall, when sold or
otherwise distributed, meet applicable standards recommended by the Codex
Alimentarius Commission and also the Codex Code of Hygienic Practice
for Foods for Infants and Children.
(c) To prevent quality deterioration, adulteration or contamination of

food products within the scope of this Code, distribution outlets, including
592
the smallest sari-sari store, shall not be allowed to open cans and boxes for
the purposes of retailing them by the cup, bag or in any other form.
SEC. 12. Implementation and Monitoring.
(a) For purposes of Section 6 (a) of this Code, an inter-agency committee

composed of the following members is hereby created:
Minister of Health – Chairman

Minister of Trade and Industry – Member
Minister of Justice – Member
Minister of Social Services and Development – Member
The members may designate the authorized representative to every

meeting the Committee.
The Committee shall have the following powers and functions:
(1) To review and examine all advertising, promotion or other

marketing materials, whether written, audio or visual, on products within
the scope of this Code;
(2) To approve or disapprove, delete objectionable portions from

and prohibit the printing, publication, distribution, exhibiting and broadcast
of, all advertising promotion or other marketing materials, whether written,
audio or visual, on products within the scope of this Code;
(3) To prescribe the internal and operational procedure for the

exercise of its powers and functions as well as the performance of its duties
and responsibilities; and
(4) To promulgate such rules and regulations as are necessary or

proper for the implementation of Section 6 (a) of this Code.
(b) The Ministry of Health shall be principally responsible for the

implementation and enforcement of the provision of this Code. For this
593
purpose, the Ministry of Health shall have the following powers and
functions:
(1) To promulgate such rules and regulations as are necessary or

proper for the implementation of this Code and the accomplishment of its
purposes and objectives.
(2) To call the assistance of government agencies and the private

sector to ensure the implementation and enforcement of, and strict compliance
with, the provisions of this Code and the rules and regulations promulgated
in accordance herewith.
(3) To cause the prosecution of the violators of this Code and other
pertinent laws on products covered by this Code.
(4) To exercise such other powers and functions as may be necessary

for or incidental to the attainment of the purposes and objectives of this
Code.
SEC. 13. Sanctions.
(a) Any person who violates the provisions of this Code or the rules
and regulations issued pursuant to this Code shall, upon conviction be
punished by a penalty of two (2) months to one (1) year imprisonment or a
fine of not less than One Thousand Pesos (P1,000.00) nor more than Thirty
Thousand Pesos (P30,000.00) or both. Should the offense be committed
by a juridical person, the Chairman of the Board of Directors, the president,
general manager or other partners and/or the persons directly responsible
therefore shall be penalized.
(b) Any license, permit or authority issued by any government agency to

any health worker, distributor, manufacturer, or marketing firm or personnel
for the practice of their profession or occupation or for the pursuit of their
business, may, upon recommendation of the Ministry of Health, be suspended
or revoked in the event of repeated violations of this Code, or of the rules
and regulations issued pursuant to this Code.
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SEC. 14. Repealing Clause. – All laws, orders, issuances, and rules
and regulations or parts thereof inconsistent with this Executive Order are
SEC. 15. Separability Clause. – The provisions of this Executive Order

are hereby deemed separable. If any provisions thereof be declared invalid
or unconstitutional, such invalidity or unconstitutionality shall not affect the
other provisions which shall remain in full force and effect.
SEC. 16. Effectivity. – This Executive Order shall take effect thirty (30)
days, following its publication in the Official Gazette.
Done in the City of Manila, this 20th day of October, in the year of Our
Lord, nineteen hundred and eighty-six.
(Sgd) CORAZON C. AQUINO

By the President:
(Sgd) JOKER P. ARROYO

Executive Secretary
595
MALACAÑANG
Manila
AUTHORIZING THE MINISTRY OF SOCIAL SERVICES AND

DEVELOPMENT TO TAKE PROTECTIVE CUSTODY OF CHILD
PROSTITUTES AND SEXUALLY EXPLOITED CHILDREN, AND
FOR OTHER PURPOSES
WHEREAS, for those who fall prey to prostitution and other forms of
sexual exploitation due to their fragile age, immediate protection must be
accorded by the government to arrest their moral decline and lead them back
to the path of morality;
WHEREAS, in pursuance of its responsibility over the welfare of the

youth, the Ministry of Social Service and Development must be given more
powers to implement effectively the government’s commitment against child
prostitution and exploitation;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the

Philippines, do hereby order:
SECTION 1. Notwithstanding any provision of law to the contrary,

any minor who is apprehended or taken into custody by any peace officer
or by the duly authorized officers of the Ministry of Social Services and
Development for engaging in prostitution or other illicit conduct punished
under existing laws shall, immediately from such apprehension, be delivered
by the arresting officer to the Ministry of Social Services and Development or
its duly authorized office or agency within a particular territorial jurisdiction
for protective custody.
The Ministry of Social Services and Development shall be responsible

for the appearance of the minor under its protective custody in court or any
administrative agency whenever required.
596
For the purpose of this Executive Order, a minor shall refer to any
person below sixteen (16) years of age.
SEC. 2. The Ministry of Social Services and Development shall provide

suitable programs for the full rehabilitation of the minors under its custody
which shall, among others, include the appreciation of proper moral values,
psychological or psychiatric treatment, education in the probable physical
ailment or disease which they may contract or the danger of unwanted
pregnancy, and appropriate training for work skills to prepare them for a
decent living.
SEC. 3. The custody of persons, other than the apprehended minor shall
be in accordance with the ordinary criminal procedure as prescribed by the
Rules of Court and other laws.
SEC. 4. The Ministry of Social Services and Development shall notify

the mayors of the municipalities and cities of the business establishments,
clubs, or houses, used or allowed to be used for prostitution of minors, and
petition for the immediate forfeiture of their business licenses and closure
of their business establishments.
SEC. 5. The sum of Three Million (P3,000,000.00) Pesos is hereby

appropriated out of any available funds in the National Treasury not otherwise
appropriated, to defray the expenses of the Ministry of Social Services and
Development in the implementation of this Executive Order. Thereafter,
such sums as may be necessary for this purpose shall be included in the
annual General Appropriations Act.
SEC. 6. The Ministry of Social Services and Development is hereby

authorized to call upon any ministry, bureau, office, agency or instrumentality
of the government for assistance in the implementation of this Executive
Order.
SEC. 7. The Ministry of Social Services and Development shall, in

coordination with the Ministry of Justice, promulgate the necessary rules
and regulations to implement this Executive Order.
597
SEC. 8. All laws, orders, issuances and rules and regulations or parts
thereof inconsistent with this Executive Order are hereby repealed or
SEC. 9. This Executive Order shall take effect immediately.
Done in the City of Manila, this 6th day of November, in the year of
Our Lord, nineteen hundred and eighty-six.

By the President:

Executive Secretary
598
MALACAÑANG
Manila
AMENDING ARTICLES 27, 28, 29, 31, 33 AND 35 OF PRESIDENTIAL

DECREE NO. 603, OTHERWISE KNOWN AS THE “CHILD AND
YOUTH WELFARE CODE’’
WHEREAS, it is imperative that appropriate safeguards be instituted to

protect Filipino children who are put up for adoption;

Philippines, do hereby order:
SECTION 1. Articles 27, 28, 29, 31, 33 and 35 of the Presidential Decree
No. 603, otherwise known as the “Child and Youth Welfare Code’’ are hereby
amended to read as follows.
“ART. 27. Who May Adopt. – Any person of age and in full possession
of his civil rights may adopt: Provided; That he is in a position to support
and care for his legitimate, legitimated or acknowledged natural children,
or natural children by legal fiction or other illegitimate children, in keeping
with the means, both material and otherwise, of the family.
“An alien not permanently residing in the Philippines who seeks to

adopt within the country must reside in the Philippines for at least one year
immediately preceding the filing of the petition for adoption, must reside in
the Philippines for the duration of the trial custody period required in this
chapter, and must comply with such rules and regulations that have been
or may be issued by the Council for the Welfare of Children. However, the
residence and trial custody period requirements under this paragraph may
be reduced or dispensed with in the discretion of the court if the applicant/
applicants and the child are related by blood or affinity.
“In all cases of adoption, the adopter must be at least fifteen years older
than the person to be adopted.’’
599
“ART. 28. Who May Not Adopt. – The following persons may not
adopt:
(1) A married person without the written consent of the spouse;
(2) The guardian with respect to the ward prior to the final approval of
his accounts;
(3) Any person who has been convicted of a crime involving moral
turpitude;
(4) An alien who is disqualified to adopt according to the laws of his

own country or one with those government the Republic of the Philippines
has broken has broken diplomatic relations;
(5) An alien whose government or place of residence abroad has no

agency that can provide competent professional evaluation (Homestudy)
of the adoptive family and post- placement services to the child and the
family.’’
“ART. 29. Adoption By Husband and Wife. – Husband and Wife may
jointly adopt. In such case, parental authority shall be exercised as if the
child were their own by nature.
“If one of the spouses is an alien, both husband and wife shall jointly
adopt. Otherwise, the adoption shall not be allowed.’’
“ART. 31. Whose Consent is Necessary. – The written consent of the

following to the adoption shall be necessary;
(1) The person to be adopted, if fourteen years of age or over;
(2) The natural parents of the child or his legal guardian after
receiving counselling and appropriate social services from the ministry of
social services and development or from a duly licensed child-placement
agency;
600
(3) The Ministry of Social Services and Development or any duly

licensed child-placement agency under whose care and legal custody the
child may be.
(4) The natural children, fourteen years and above, of the adopting
parents.’’
“ART. 33. Case Study. – No petitions for adoption shall be granted

unless the Ministry of Social Services and Development has made a case
study of the child to be adopted, his natural parents as well as the prospective
adopting parents, and has submitted its report and recommendations on the
matter to the court hearing such petition.
The Ministry of Social Services and Development shall intervene on

behalf of the child if it finds, after such case study, that the petition should
be denied.’’
“ART. 35. Trial Custody. – No petition for adoption shall be finally

granted unless and until the adopting parents are given by the court a
supervised trial custody period of at least six months to assess their
adjustment and emotional readiness for the legal union. During the period
of trial custody, parental authority shall be vested in the adopting parents.
“ The court may, upon its own motion or on motion of the petitioner,
reduce or dispense with the trial custody period if it finds that it is to the
best interest of the child. In such case, the court shall state its reasons for
reducing or dispensing with the said period.
“ An alien not permanently residing in the Philippines adopting a

Filipino child shall complete the supervised trial custody period to ensure
the child’s adjustment to a new family life and culture, same on those cases
provided for in Article 27 hereof.’’
SEC. 3. All laws, orders, insurances, rules and regulations or parts

thereof inconsistent with this Executive Order are hereby repealed or
601
our Lord, nineteen hundred and eighty-six.
(SGD.) CORAZON C. AQUINO

By the President:
(SGD.) JOKER P. ARROYO

Executive Secretary
602
MALACAÑANG
Manila
CREATING A COMMITTEE FOR THE SPECIAL PROTECTION

OF CHILDREN FROM ALL FORMS OF NEGLECT, ABUSE,
CRUELTY, EXPLOITATION, DISCRIMINATION AND OTHER
CONDITIONS PREJUDICIAL TO THEIR DEVELOPMENT
WHEREAS, the Constitution provides that the natural and primary

right and duty of parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive the support of the
government;
WHEREAS, the Senate shall defend the right of children to assistance

including proper care and nutrition and special protection from all forms of
neglect, abuse, cruelty and discrimination, and other conditions prejudicial
to their development;
WHEREAS, there is a need to consolidate in one body the assessment,

monitoring and implementation of the aforecited policy on a continuing
basis;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of

the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. There is hereby created a Special Committee for Children

to be composed of:
1. The Secretary of Justice – Chairman

2. The Secretary of Social Welfare and Development – Co-Chairman
3. The Chairman of the Commission on Human Rights – Member
4. Commissioner of the Bureau of Immigration – Member
A representative with a rank not lower than undersecretary from the

following:
603
5. Department of Labor and Employment – Member

6. Department of Tourism – Member
7. Department of the Interior and Local Government – Member
8. Department of Foreign Affairs – Member
9. Three representatives of private organizations to be nominated by
the said groups and appointed by the President – Member
SEC. 2. The Committee shall exercise the following functions and

duties:
a. To report to the President actions taken to address specific issues on

child abuse and exploitation brought to the Committee’s attention.
b. To direct the agencies to immediately respond to the problems brought

to their attention and to report to the Committee on action taken.
c. To perform such other functions and duties as may be necessary to

meet the objectives of the Committee.
SEC. 3. The Council for the Welfare of Children shall act as the
Secretariat of the Committee.
SEC. 4. The initial amount of P10,000,000.00 is hereby authorized to

be released from the Presidential Social Fund.
Done in the City of Manila, this 14th Day of September, in the year of
Our Lord, Nineteen Hundred and Ninety-Five.
(Sgd) FIDEL V. RAMOS

By the President:
(Sgd) RUBEN D. TORRES

Executive Secretary
604
MALACAÑANG
Manila
DIRECTING NATIONAL GOVERNMENT AGENCIES AND OTHER

CONCERNED AGENCIES TO ACTIVELY SUPPORT AND
IMPLEMENT PROGRAMS ON THE “BRIGHT CHILD”
W HEREAS , Republic Act No. 8890, “An Act Promulgating a

Comprehensive Policy and a National System for Early Childhood Care and
Development (ECCD)”, states that it is the policy of the State to promote
the rights of the child to survival , development, participation and special
protection with full recognition of the nature of childhood and its special
needs;
WHEREAS, the Early Childhood Care and Development (ECCD)

System within the framework of Child 21 has an integrative program using
complementary strategies that include service delivery for children from
conception to age 6 years, educating parents and caregivers, encouraging
active involvement of parents and communities and raising awareness about
the quality of life for young children and families;
WHEREAS, the Council for the Welfare of Children/National Early

Childhood Care and Development Coordinating Council (CWC/NECCDCC)
is mandated to ensure the sustained inter-agency and multi-sectoral
collaboration in program implementation at the national and local levels;
WHEREAS, there is need to intensify collaboration among government

and nongovernmental organizations, private sector, media, local and
international agencies as well as families and communities in promoting
the Child Friendly Movement by supporting the Bright Child.
NOW, THEREFOR, I, GLORIA MACAPAGAL-ARROYO, President

of the Republic of the Philippines, by virtue of the power vested in me by
law, do hereby order:
605
S ECTION 1. Support for the Bright Child Program. – National

Government agencies and other concerned offices are hereby directed to
support and implement programs on the bright Child.
The Bright Child refers to the delivery of a one-brand package of

interventions on food and nutrition, health, early education and psychosocial
programs for young children resulting in their optimum growth and
development.
SEC.2. Management of the Bright Child. – The Council for the Welfare
of Children Coordinating Office shall manage the Bright Child and develop
the mechanics of its implementation together with an Inter-Agency Technical
Working Group consisting of the lead cooperating agencies mentioned in
Sec.3 hereof.
SEC. 3. Lead Cooperating Agencies for the Bright Child. – The

Council for the Welfare and Children/National Early Childhood Care
and Development Coordinating Council (NECCDCC) through its Co-
chairpersons, the Secretaries of the Department of Health, Social Welfare
and Development, Education and the Interior and Local Government shall
spearhead the development, promotion and delivery of the one-brand package
of programs and interventions at national, regional, and local levels under
the Bright Child, especially in nutritionally depressed municipalities.
SEC.4. Roles and Responsibilities. – The lead agencies referred to

above, together with all the Council members, and in partnership with local
governments, communities and families, shall promote the Bright Child by
pursuing an integrated approach through convergence of services at home,
at the community centers and in schools. Such services shall consist of the
following, among others:
a) Pre and post natal care

b) Breastfeeding
c) Immunization
d) Growth monitoring and promotion
e) Nutrition education
606
f) Micronutrient supplementation
g) Complementary feeding/food production
h) Home and community food production
i) Home and center-based day care
j) Psychosocial care and development
k) Parent education
l) Early education
m) Healthy lifestyle
SEC.5. Assistance and Support. –The CWC/NECCDCC may call upon

any or all agencies/bureaus/offices of the government for assistance in the
implementation of this Executive Order, including but not limited to the
following:
a) The Department of Agriculture and its relevant agencies to formulate

and implement programs towards promoting food security particularly for
the marginalized sector such as farmers, fisherfolk, urban/rural poor;
b) The Department of Labor and Employment and its relevant attached

agencies to promote and support programs establishing workplace-base
ECCD services including those conducive to pregnant and lactating mothers,
supporting programs for child rights’ education and enforcing laws against
child labor;
c) The Department of Justice and its relevant attached agencies to

promote the rights of young children among the pillars of justice;
d) The National Nutrition Council to advocate, promote and monitor

proper nutrition;
e) The National Economic and Development Authority to assist the

NECCDCC in sourcing funds for the programs included in the Bright
Child;
f) The Food and Nutrition Research Institute to do periodic evaluation/

assessment on the nutritionally depressed communities which are areas for
the one-brand package of services;
607
Non-governmental organization, civil society groups, academe,

business, the private sector and international agencies are also encouraged
to support the Bright Child through systems development, advocacy
and promotion and networking. Parents of children and communities as
beneficiaries of the program shall be involved through active participation
in planning, implementation and sustenance of the program.
SEC.6. Funding. – The amount of P5 Million from the President’s

Contingent Fund shall be allocated for the campaign to promote the Bright
Child and provide seed money to initially implement the integrated program
in nutritionally depressed municipalities.
IN WITNESS WHEREOF, I have hereunto set my hand and caused

the seal of the Republic of the Philippines to be affixed.
Done in the City of Manila, this 23rd day of February, in the year of
Our Lord, Two Thousand and Four.
(Sgd) GLORIA MACAPAGAL-ARROYO

By the President:
(Sgd) ALBERTO G. ROMULO

Executive Secretary
608
MALACAÑANG
Manila
PROVIDING FOR THE IMMEDIATE RELEASE OF DETAINED

CHILDREN IN CONFLICT WITH THE LAW (CICL) AS
DECLARED UNDER R.A. 9344, ENTITLED “JUVENILE JUSTICE
AND WELFARE ACT OF 2006”
WHEREAS, 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, the Philippines, pursuant to its treaty obligation under the

Convention on the Rights of the Child, enacted Republic Act No. 9344
Establishing a Comprehensive Juvenile Justice and Welfare System which
requires the application of restorative justice to children in all its laws,
policies and programs;
WHEREAS, the inventory of the Juvenile Justice and Welfare Council

shows that there are still children in detention despite the passage of the law
in 2006;
WHEREAS, pursuant to Book III, Title 1, Section 1 of the Administrative

Code, the President shall have control of the executive departments, bureaus
and offices and shall ensure that the laws be faithfully executed;
NOW, THEREFORE, I, GLORIAL MACAPAGAL-ARROYO,

President of the Republic of the Philippines, by virtue of the powers vested in
me by law and pursuant to the provisions of R.A. 9344 do hereby order:
SECTION 1. Coverage. – Children who are fifteen years of age and below
at the time of the commission of the crime, who are still detained in prison
facilities of the Bureau of Jail Management and Penology and the Bureau
of Corrections.
609
SEC. 2. Petitions for Release of the Child. - For children who are
detained by reason of final judgment rendered by a court of competent
jurisdiction, the Department of Justice, through the Public Attorney’s Office
is hereby directed to file immediately the necessary Petition to the Court for
the release of the child.
For children in detention pending trial, the Department of Justice,

through the Public Attorney’ Office shall likewise immediately file the
necessary Petition before the court to secure the release of the child.
If the child is assisted by counsel de parte, the Department of Justice,

through the Public Attorney’s Office shall coordinate with the child’s counsel
to ensure the release of the child.
SEC. 3. Release of the Child. – Upon the issuance of the Court Order
granting the release of the child, the head/warden of the detention facility
shall release the child within forty eight (48) hours to the latter’s parents in
the presence of the Local Social Welfare Development Officer (LSWDO).
The LSWDO shall prepare and implement the necessary after-care services
for the child.
SEC. 4. Monitoring.- The Department of Justice, through the Public

Attorney’s Office shall prepare a quarterly report of its compliance to this
Order to the Office of the Executive Secretary with copy of the report
furnished to the Juvenile Justice and Welfare Council.
SEC. 5. Repealing Clause. – All other executive issuances, rules and

regulations or parts thereof which are inconsistent with the provisions of the
Executive Order are hereby repealed, amended or modified accordingly.
SEC. 6. Separability Clause. – Any provision hereof that may be declared

in violation of existing laws shall in no way nullify the other provisions of
this Executive Order.
SEC. 7. Effectivity. - This Executive Order shall take effect after fifteen
(15) days from publication in a newspaper of general circulation.
610
Done in the City of Manila, this 16th day of July in the year of Our
Lord, Two Thousand and Seven.
(Sgd) GLORIAL MACAPAGAL-ARROYO

By the President:
(Sgd) EDUARDO R. ERMITA

Executive Secretary
611
MALACAÑANG
Manila
IMPLEMENTING THE NATIONAL COMMITMENT FOR “BAKUNA

ANG UNA SA SANGGOL AT INA”, ATTAINING WORLD
HEALTH ORGANIZATION’S GOALS TO ELIMINATE
MEASLES AND NEONATAL TETANUS, ERADICATE POLIO,
CONTROL HEPATITIS AND OTHER VACCINE-PREVENTABLE
DISEASES
WHEREAS, the Philippines has set as one of its goals in the Millennium
Development Goals (MDGs) reduction of child mortality by two-thirds (2/3)
by year 2015;
WHEREAS, the government already ratified the Conventions on the

Rights of the Child (CRC) for children to attain the highest possible attainable
level of health, survival and protection; and supported the World Health
Assembly resolutions for improving child health and survival;
WHEREAS, the government has committed to the World Health

Organization Regional Committee for the Western Pacific resolutions to
eliminate/eradicate measles, neonatal tetanus, polio, and control diphtheria,
hepatitis B, pertussis, and childhood tuberculosis by year 2008;
WHEREAS, since the year 2000, the country has already eradicated polio
nationwide and has been sustaining its polio-free status;
WHEREAS, the mass measles vaccination campaign in 2004, otherwise

known as the “Ligtas Tigdas 2004”, demonstrated a 96% unprecedented
decline of measles cases and deaths and also led to institutionalization of
safe injection practices, through the use of the auto-disabled needles and
syringes in immunizations, and established an appropriate immunization
waste disposal in support of the “Philippine Clean Air Act of 1999” and
“Solid Waste Management Act of 2003”;
612
WHEREAS, elimination, eradication, control of the childhood vaccine-

preventable diseases requires that at least 95% of our child population be
fully immunized annually; that 80% of our pregnant mothers be vaccinated
with tetanus toxoid to protect the newborn from neonatal tetanus and that
all vaccine-preventable disease cases be detected, investigated and reported
on a timely basis;
WHEREAS, low and unequally distributed routine immunization

coverage in the country causes about 500,000 infants/children annually to
remain unprotected, thus, rendering them susceptible to vaccine-preventable
diseases and thereby threatens the country to outbreaks/epidemics despite
of the national purchases of a free, potent, and high-quality vaccines for all
infants/children and mothers;
WHEREAS, another mass measles vaccination campaign will reduce

the number of children at risk of getting measles infections;
WHEREAS, achieving 95% fully immunized children and mothers

will require unified commitments of the national government, local chief
executives, health workers, communities and all sectors of society;

of the Republic of the Philippines, by virtue of the powers vested in me by
law, do hereby order;
SECTION 1. Declaration of Objectives. – This Executive Order shall

have the following objectives:
a) Implement the national commitment of “Bakuna ang Una sa Sanggol

at Ina”, Attaining World Health Organization’s Goals to Eliminate Measles
and Neonatal Tetanus, Eradicate Polio, Control Hepatitis B and other
Vaccine-preventable Diseases;
b) Mobilize the national government, its agencies, instrumentalities,

local government units, and other sectors of society in support of this national
commitments.
613
SEC.2. Implementing Agencies.
A. Lead Agency : Department of Health (DOH)
The DOH, as lead agency, shall implement the “Bakuna ang Una sa
Sanggol at Ina” to strengthen the routine reaching of all mothers and infants
with safe and effective vaccines; and to identify, investigate and report
vaccine-preventable disease cases.
It shall embark on a mass measles vaccination campaign for all children

ages 9 months to 48 months old nationwide.
The DOH shall formulate, disseminate guidelines and procedures

on implementing the “Bakuna and Una sa Sanggol at Ina”, including the
introduction of new vaccines based on analysis conducted by technical
working group; provide technical assistance to Local Government Units
(LGUs); conduct national/regional advocacy and social mobilization
activities; provide allocate and distribute in a timely manner all the necessary
vaccines; and monitor submission of required reports of all LGU health
system activities.
Jointly with Council for the Welfare of Children (CWC), it shall

compile, disseminate and publish semi-annual reports of progress and
performance on this immunization program.
B. Department of the Interior and Local Government (DILG)
The DILG shall advocate to all LGUs to achieve and maintain minimum
standards of staffing, financial support, supplies and communication/
advocacy to community representatives to achieve this goal. It shall submit
quarterly report of LGUs’ compliance to DOH.
C. Department of Education (DepEd)
The DepEd shall ensure the complete vaccination status of all children
entering primary school. It shall further ensure that mothers of all children
614
with incomplete immunization shall be informed of the program being

provided by the government. It shall coordinate with the local government
health units for the complete vaccination of these children. It shall identify
and report any case of suspected vaccine-preventable disease, which has met
the standard case definitions, to the concerned local health units. It shall
annually monitor the school entry lists to ensure compliance by all schools
and submit annual reports of schools compliance with DOH.
D. Department of Social Welfare and Development (DSWD)
The DSWD shall ensure the complete vaccination status of all children
in day care centers and pre-schools during the first week of school. It shall
further ensure that mothers of all children with incomplete immunization
shall be informed of the immunization program being provided by
government. It shall coordinate with the local government health units for
complete vaccination of these children. It shall identify and report any case
of suspected vaccine-preventable disease, which has met the standard case
definitions to the concerned local health units. IT shall annually monitor
daycare centers/pre-schools entry lists to ensure compliance of these schools
and submit annual reports of schools’ compliance to DOH.
E. Council for the Welfare of Children (CWC)
The CWC shall coordinate with DepEd, DSWD, DILG, and LUGs, to
ensure that all incompletely vaccinated children in schools, day-care centers,
pre-schools, and other places, to be fully vaccinated and correspondingly
reported to DOH. It shall coordinate reporting of suspect vaccine-preventable
disease cases among DOH, LGUs, DepEd and DSWD.
Jointly with DOH, it shall compile, disseminate and publish semi-annual

reports of progress and performance on this immunization program.
F. Local Government Units (LGUs)
The LGUs shall ensure that every pregnant mother and infant are given
complete immunization FREE OF CHARGE. Aside from the weekly health
615
center-based vaccination sessions, it shall provide systematic outreach

services to ensure full immunization of infants/children/mothers and other
intervention that can save children’s/ mothers’ lives. They shall organize
regular immunization outreach services and other essential maternal and
child health package of services. They shall maintain the standards set by
DOH for staffing, provide adequate needles and syringes; finance travelling
expenses of BHWs to carry-out the follow-up on the immunization services.
They shall conduct vigorous social mobilization activities.
All health workers, including doctors, nurses and midwives, shall fully
participate in providing free immunization, regardless of route-intramascular,
oral, subcutaneous, intradermal. All LGUs shall submit accomplishment
reports of the immunization coverage and activities as follows: provinces and
chartered cities to report quarterly vaccine coverage to regions; municipalities
and component cities to report monthly vaccine coverage to provinces.
The LGUs shall identify and report all suspected vaccine-preventable

disease cases that meet the standard cases definitions to the next higher
level epidemiologic surveillance unit. They shall still submit weekly “zero
reporting” even if there were no identified vaccine-preventable disease
cases.
The LGUs shall conduct regular Supplemental Immunization Activities

(SIAs) and/or “Child Health Days”, as determined by, and according to the
guidelines of DOH.
G. Civil Society
All members of the civil society, non-government organizations,

professional organizations, and other concerned groups are encouraged
to support this national commitment for “Bakuna ang Una sa Sangol at
Ina”, through issuances of resolutions, letters, and other mechanisms of
information dissemination and social mobilization, to all members of their
organization.
Any children vaccinated outside the public health system should be

reported to the local government unit. They shall identify and report any
616
suspected vaccine-preventable disease cases meeting the standard case

definitions to local government health units.
SEC. 3. Funding. – The Department of Health (DOH) shall provide

funds for the procurement of quality vaccines for all eligible population. The
Local Government Units (LGUs) shall provide funds for the procurement and
disposal of auto-disabled needles and syringes for immunizations; travelling
expenses for the mobilization health staffs to reach and immunize all the
infants/children and mothers and for other related activities.
SEC. 4. Repealing Clause. – All other rules, regulations and issuances

or parts thereof which are inconsistent with this Executive Order are hereby
S EC . 5. Effectivity. – This Executive Order shall take effect

immediately.
Done in the City of Manila, this 21st day of September in the year of
Our Lord, Two Thousand and Seven.

By the President:

Executive Secretary
617
MALACAÑANG
Manila
EXPANDING THE PRESCHOOL COVERAGE TO INCLUDE CHILDREN

ENROLLED IN DAY CARE CENTERS
WHEREAS, Section 2 of Republic Act 8980 declares the policy that the
state shall institutionalize integrated system of Early Childhood Care and
Development that will serve all children 0-5 years old including children
with special needs and respect for cultural diversity with end in view of
improving the quality of life for young children. The law likewise ensures
that there is an efficient system of identification, prevention, referral, and
intervention for development disorders and disabilities in early childhood;
WHEREAS, the Philippine has committed to the Global Movement on

Education for All (EFA) since 1990 and has affirmed its commitment in
the Philippine EFA 2010 National Action Plan, a component of which is
the universal participation and total elimination of drop-out and repetition
in Grades 1-3 through a quality assured program for pre-school and early
childhood care and development for 3-5 years old children;
WHEREAS, pre-school experience is a determinant factor in the

performance of Grade 1 students in the formal school system and was
reported that children with quality early experience achieved significantly
higher than those without ECD experience;
WHEREAS, pre-school experiences provide the essential stimulation

needed by 5 years old children to become ready for formal schooling in
Grade 1, thus should be expanded to reach all children aged 5 years old,
with first priority to reaching those children least likely to enter school or
most likely to drop-out or repeat in Grades 1-3;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President

618
SECTION 1. Coverage. – The Department of Education is directed

to expand its Pre-school program coverage to include preschool children
enrolled in Day Care Centers.
SEC.2. Training of Teachers. – Existing Day Care Center workers shall

provided with teacher training on the curriculum and competencies for pre-
school education together with the necessary instructional materials by the
Department of Education.
SEC. 3. Curriculum and Instructional Supervision. – The supervision

of educational programs, curriculum and instruction in Day Care Centers
shall be exercised by the Department of Education.
SEC.4. Local Government Units (LGUs) to support existing ECCD

programs. – The following health and nutrition related programs shall
continue to be supported by the LGU’s:
i. Primary health care;

ii. Pre-natal and post-natal care;
iii. Nutrition education;
iv. Micronutrient supplementation; and
v. Supplementary feeding.
The Department of Health (DOH) and the National Nutrition Council

(NCC) shall continue to extend support to LGU’s and the Department of
Education for additional resources and technical support whenever these are
available.
SEC.5. Local Government Unit support. – The following programs shall

continue to be supported by the LGU’s in the form of basic infrastructure,
provision of facilities, materials and equipment, and compensation to
service providers: i) day care program; ii) parent effectiveness service; iii)
child minding centers; iv) family day care; and v) parent-child development
program.
SEC. 6. Roles and responsibilities of DSWD and other member agencies

of the National Early Childhood Care and Development Coordinating
619
Council (NECCDCC). – The Department of Social Welfare and Development

(DSWD) and the other member agencies of the NECCDCC shall continue
to perform their functions as provided by Section 26 and 27 of Rule IV of
the Rules and Regulations Implementing RA 8980 subject to the mandate of
the Department Education expanding its Pre-School Programs as contained
in this Executive Order.
SEC.7. Focus for-initial implementation. – For purposes of the initial

implementation of this Order, the Department of Education shall initially
focus on 5 year old children enrolled in Day Care Centers in the 50% of the
lowest performing schools in each region.
SEC. 8. Funding. – The Department of Education shall include in its

annual general appropriations the necessary funding to support and to sustain
the implementation of the said Pre-School Programs.
SEC.9. Repealing Clause.– All executive issuances, rules and regulations

or parts thereof which are inconsistent with this Executive Order are hereby
revoked, amended, or modified accordingly.
SEC.10. Effectivity. – This Executive Order shall take effect and shall
be implemented beginning the school year 2008- 2009.
Done in the City of Manila, this 10th day of January in the year of Our
Lord, Two Thousand and Eight.

By the President:

Executive Secretary
620
MALACAÑANG
Manila
AFFIRMING THE ROLES OF EARLY CHILDHOOD CARE AND

DEVELOPMENT COUNCIL AND THE COUNCIL FOR THE
WELFARE OF CHILDREN
WHEREAS, the Council for the Welfare of Children (CWC) was created
under Presidential Decree No. 603, and Executive Order No. 233 (s. 1986)
expanded its functions, as the national policy and program coordinating
body for the promotion of the rights and welfare of children;
WHEREAS, Republic Act (RA) 8980 provides for the establishment of

the National Early Childhood Care and Development Coordinating Council
(NECCDCC) which institutionalized a national system for a comprehensive,
integrative and sustainable collaboration for the promotion of physical, social,
emotional, cognitive, psychological and spiritual growth and development
of young children;
WHEREAS, Section 1 of Executive Order No. 778 (s. 2009) provides

for the transformation of the CWC into the Early Care Childhood Care and
Development Council (ECCDCC) attached to the Office of the President
to support the implementation of the full range of health, nutrition, early
education and social services programs for the basic needs of young
children from birth to age six (6) and to promote their optimum growth and
development;
WHEREAS, EO 778 also provides for the transfer to the DSWD of the
functions and staff of the then CWC now ECCD Council which were not
part of ECCD;
621
WHEREAS, there is a need to designate a focal agency separate

and distinct from the DSWD that will formulate, advocate, monitor and
evaluate the implementation of national policies, laws and programs for the
development and protection of children (below 18 years) consistent with
the country’s international treaty obligations and national frameworks on
children;
WHEREAS, the 1987 Revised Administrative Code of the Philippines

vests power in the President to reorganize the national government.
NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President

SECTION 1. Early Childhood Care and Development Council (ECCD

Council). – The ECCD Council shall continue to function as contemplated
under EO 778. It shall be the principal agency to implement the government’s
early childhood care and development programs such as health, nutrition
and early education for children from birth to age six (0-6 years).
SEC. 2. Council for the Welfare of Children. – The Council for the
Welfare of Children shall continue to function and exercise the same powers
pursuant to other provisions of PD 603 and EO 233 (s. 1986). It shall be
composed of the same agencies and organizations as identified in EO 233
(s. 1986), with the Secretary of Social Welfare and Development as the
Chairperson. It shall be attached to the Department of Social Welfare and
Development.
SEC. 3. Repealing Clause. – All executive orders, rules and regulations

and other parts thereof which are inconsistent with this Order are hereby
revoked, amended or modified accordingly.
SEC. 4. Effectivity. – This Order shall take effect immediately.
622
Done in the City of Manila, this 8th day of June, in the year of our Lord,
Two Thousand and Nine.

By the President:

Executive Secretary
623
MALACAÑANG
Manila
By the President of the Philippines
PROCLAMATION NO. 6
IMPLEMENTING A UNITED NATIONS GOAL ON UNIVERSAL CHILD

IMMUNIZATION BY 1990
WHEREAS, the 29th Session of the United Nations General Assembly

and the World Health Assembly in 1974 established the goal of Universal
Child Immunization by the year 1990;
WHEREAS, there is a need for all nations to attach high priority to the
needs and development of children as integral elements of national plans
and policies;
WHEREAS, it is imperative for the international community to reaffirm

its increased commitment to child survival in order to reduce mortality in
children resulting from preventable diseases;
WHEREAS, the United Children’s Fund at its Executive Board session in

1985, urged world leaders to provide increased commitment to accelerating
the implementation of the child survival and development revolution and
achieving universal immunization by 1990 in order to reduce dramatically
the number of deaths among children from preventable causes;
WHEREAS, the Philippines as a founding member of the United Nations

reaffirms its commitment to the objectives of the United Nations Children’s
Fund and the World Health Organization, particularly the goal of achieving
universal immunization of young children and continuing the momentum
of primary health care; and
WHEREAS, it is essential to integrate into the health strategy for the

Filipino people the basic goal of “Health for All by Year 2000 Through Primary
Health Care,” particularly to achieve higher levels of immunization.
624

Philippines, by virtue of the powers vested in me b law, do hereby order that
national support be given to the international goal of the Universal Child
Immunization by 1990 as adopted by the UN General Assembly in 1985
on the recommendation of the World Health Organization and the United
Nations Children’s Fund, and also direct the following:
1. With the Ministry of Health and the Ministry of Social Services and
Development as lead agencies, all government ministries, agencies and
instrumentalities are hereby enjoined to mobilize their network to achieve
this goal to immunize every Filipino child against the six diseases – polio,
measles, diphtheria, pertussis, tetanus, and tuberculosis – which have caused
considerable number of childhood deaths and disabilities; and
2. All non-governmental organizations, professionals and civic

organization, the religious sector and all responsible Filipinos to work
together and promote this endeavor within existing national health delivery
system.
IN WITHNESS WHEREOF, I have hereunto set my hand, and caused

Done, in the City of Manila, this 3rd day of April, in the year of Our
Lord, nineteen hundred and eight-six.

By the President:

Executive Secretary
625
MALACAÑANG
Manila
PROCLAMATION NO. 855
PROCLAIMING THE ADOPTION AND IMPLEMENTATION OF THE

PHILIPPINE PROGRAM OF ACTION FOR CHILDREN IN THE
1990
WHEREAS, The World Summit for Children held on 30 September at the

UN Headquarters in New York adopted the World Declaration on Survival,
Protection and Development of Children in the 1990s;
WHEREAS, The Philippines is a signatory to the World Declaration on

the Survival, Protection and Development of Children in the 1990s in support
of the Convention on the Rights of the Child which was adopted by the UN
General Assembly on 20 November 1989 with the force of international law
by 2 September 1990;
WHEREAS, The Philippines is committed to prepare a National Plan

for Children, 1991-2000, which will serve as the basis for the government’s
report on the progress of implementation to the United Nations before
September 1992, two years after the entry into force of the Treaty for the
Philippines, and every five years thereafter;
WHEREAS, the Philippines Program of Action for Children in the

1990s is a continuation of the National Plan for Children (1990-1992) and
is consistent with among others, The Medium Term Philippine Development
Plan, the Education for All, Philippine Plan of Action of Action (1991-
2000), the Philippine Food and Nutrition Plan, the Water Supply, Sewerage
and Philippine Food and Nutrition Plan, the Water Supply, Sewerage and
Sanitation Master Plan 1988-2000) and Health for All by the Year 2000.
626
WHEREAS, The Program of Action for children has been reviewed and
approved by the Council for the Welfare of Children Board and the Social
Development Committee, both Technical Board and Cabinet Level;

Republic of the Philippines, by virtue of the powers vested in me by law,
do hereby proclaim the adoption and implementation of the Philippine Plan
of Action for Children in the 1990s entitled: “The Filipino Children: 2000
and Beyond.”
I hereby call upon the Council for the Welfare of Children to undertake
the operationalization of the coordinative task through its National as well as
the Regional, Provincial/City, Municipal and Barangay mechanisms through
the integration of the plan in the overall plan of the local government units
as appropriate.
I hereby direct the following agencies to support and/implement

programs, projects and activities for the survival, protection and development
of children in the 1990s in active collaboration with the local government
units:
a. Department of Social Welfare and Development;

b. Department of Education, Culture and Sports;
c. Department of Health;
d. Department of Labor and Employment;
e. Department of Agriculture;
f. Department of Justice;
g. Department of the Interior and Local Government;
h. National Economic and Development Authority;
i. National Nutrition Council;
j. Non-Government Organizations (licensed and accredited by the
government agency-members of the Council for the Welfare of Children as
provided by law).
IN WITNESS THEREFORE, I have hereunto set my hand and caused

the seal of the Republic of the Philippines to be affixed
627
Done in the City of Manila, this 31st day of January in the year of Our
Lord, nineteen hundred and ninety-two.

By the President:
(Sgd) FRANKLIN M. DRILON

Executive Secretary
628
MALACAÑANG
Manila
PROCLAMATION NO. 46
REAFFIRMING THE COMMITMENT TO THE UNIVERSAL CHILD

AND MOTHER IMMUNIZATION GOAL BY LAUNCHING THE
POLIO ERADICATION PROJECT
WHEREAS, in 1988, the World Health Assembly adopted the goal of

global eradication of poliomyelitis by the year 2000;
WHEREAS, in July 26, 1990, the Philippines became the 31st country
to ratify the United Nations Convention on the Rights of the Child (CRC);
WHEREAS, in September 1990, heads of state and other world leaders,

including the Philippines, met at the World Summit for Children resulting
in the World Declaration on the Survival, Protection, and Development of
Children and Plan of Action for implementing the World Declaration.
WHEREAS, this Declaration contained goals which include the global

goal for the eradication of poliomyelitis by the year 2000;
WHEREAS, the Western Pacific Region of the World Health Organization

(WHO) where the Philippines is a member-country is committed to the
eradication of poliomyelitis by the year 1995;
WHEREAS, the Philippines as a founding member of the United Nations

reaffirms its commitment to the objectives of the World Health Organization
particularly the goal of eradicating poliomyelitis and sustaining Universal
Child and Mother Immunization (UCMI);
WHEREAS, in 1989 the Philippines attained the goal of Universal Child

Immunization (UCI) and reaffirmed its commitment to child survival by
629
sustaining this high immunization coverage of 86% Fully Immunized Child

(FIC) nationwide in 1991;
NOW, THEREFORE, I, FIDEL VALDEZ RAMOS, President of the

Philippines, by virtue of the powers vested in me by law, do hereby reaffirm
the commitment of the Philippines to the Universal Child and Mother
Immunization (UCMI) goal by launching the Philippine Poliomyelitis
Eradication Project to achieve the goal of sustained UCMI and the ultimate
eradication of the wild poliovirus from the Philippine environment by
1995.
To achieve this, I hereby order the Department of Health (DOH) to be

the lead agency in overseeing this project. As such, the DOH will formulate
the guidelines to assure success of this project. The DOH may call on
other government organizations and non-government agencies, including
industries, for any assistance it will need.
I, therefore, call on all government and non-government agencies

and every Filipino citizen, here and abroad, to join hands in making the
Philippines “polio-free” by 1995.

Done in the City of Manila, this ‘16th day of September, in the year of
Our Lord, nineteen hundred and ninety-two.

By the President:
(Sgd) DIONISIO C. DE LA SERNA

Senior Deputy Executive Secretary
630
MALACAÑANG
Manila
PROCLAMATION NO. 74
DECLARING THE 17TH DAY OF OCTOBER OF EVERY YEAR AS

NATIONAL CHILDREN’S DAY
WHEREAS, the Filipino people should celebrate and recognize the

Filipino children as the most valuable asset of the nation;
WHEREAS, the Constitution provides: “The State recognizes the role

of the youth in nation-building and shall promote and protect their physical,
moral, spiritual, intellectual, and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement in public
and civic affairs.”
WHEREAS, in 1954, the United Nation’s General assembly, passed a

resolution formally establishing Universal Children’s Day, which has been
observed for the past 30 years in 149 countries;
WHEREAS, the Filipino children should be made to feel that the adult
sector of society care for their well-being;
WHEREAS, the designation of a day to commemorate the Filipino

children will emphasize to the Filipino nation the importance of the role of
the child within the family and within society;
NOW, THEREFORE, I FIDEL V. RAMOS, President of the Philippines,

by virtue of the powers vested in me by law, do hereby declare the 17th day
of October of every year as National Children’s Day.
IN WITNESS THEREOF, I have hereunto set my hand and caused the

seal of the Republic of the Philippines to be affixed.
631
Done in the City of Manila this 16th day of October, in the year of Our
Lord, nineteen hundred and ninety-two.

By the President:
(Sgd) EDELMIRO A. AMANTE, SR.

Executive Secretary
632
MALACAÑANG
Manila
DECLARING THE MONTH OF OCTOBER OF EVERY YEAR AS

NATIONAL CHILDREN’S MONTH
WHEREAS, the Filipino people should celebrate and recognize the

Filipino children as the most valuable asset of the nation;
WHEREAS, Section 13, Article II of the Constitution provides that “The

State recognizes the vital role of the youth in the nation building and shall
promote and protect their physical, moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs,” and
WHEREAS, the designation of a month to commemorate the Filipino

children will emphasize the importance of the role of the child within the
Filipino family and within Philippine Society.
NOW, THEREFOR, I, FIDEL V. RAMOS, President of the Republic

of the Philippines, by virtue of the powers vested in me by law, do hereby
declare the month of October of every year as National Children’s Month.
This supersedes Proclamation No. 74 dated 16 October 1992 declaring

the 17th day of October of every year as National Children’s Day.
633
Done in the City of Manila, this 30th day of September in the year of
Our Lord, nineteen hundred and ninety-three.

By the President:
(Sgd) TEOFISTO A GUINGONA

Executive Secretary
634
MALACAÑANG
Manila
DECLARING AS A NATIONAL STATE POLICY THE REGISTRATION

OF BIRTHS, DEATHS, MARRIAGES AND FOUNDLINGS.
W HEREAS, statistics show that the present estimate of level of

registration of vital events in the country is only eighty-five percent;
WHEREAS, there is a need for the attainment of one hundred per

cent registration of births, deaths, marriages and foundlings to develop a
comprehensive information system of civil status as a basis for the effective
implementation of the various programs of the government;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines,

by virtue of the powers vested in me by Book I, Chapter 7, Section 27, of
the Administrative Code of 1987, do hereby declare that the registration of
births, deaths, marriages and foundlings as a national policy.
All concerned departments, agencies and local government units are

hereby encouraged to advance and promulgate measures for the adoption of
effective registration procedures, including the elimination of registration
fees, in accordance with the Civil Registry Law and other existing laws.

635
Done in the City of Manila, this 14th day of February, in the year of
Our Lord, nineteen hundred and ninety-four.

By the President:
(Sgd) TEOFISTO T. GUINGONA, JR.

Executive Secretary
636
MALACAÑANG
Manila
DECLARING THE SECOND WEEK OF FEBRUARY OF EVERY YEAR

AS “NATIONAL AWARENESS WEEK FOR THE PREVENTION
OF CHILD SEXUAL ABUSE AND EXPLOITATION”
WHEREAS, Article I, Section 2, of 7610 declares that “The State shall

provide special protection to children from all forms of abuse, neglect,
cruelty, exploitation, and discrimination and other conditions prejudicial to
their development”;
WHEREAS, child sexual abuse is a social reality in the country and

constitutes one of the profound violations of the rights of children;
WHEREAS, child sexual abuse is the most underreported form of abuse

due to its sensitive nature;
WHEREAS, there is a need to raise the awareness of the public on the

extent and magnitude of the problem, as well as the adverse consequences
on the personality of the child, his/her family, and the society at large;
WHEREAS, the occurrence of the problem of child sexual abuse can

be prevented with a deliberate and systematic information, education, and
communication activity;
WHEREAS, an informed citizenry will be motivated to report any case of

child sexual abuse in order that programs and services can be made available
and accessible to the victim and his/her family;
NOW, THEREFOR, I FIDEL V. RAMOS, President of the Philippines

by virtue of the powers vested in me by law, do hereby declare the second
637
week of February of every year as “National Awareness Week for the

Prevention of Child Sexual Abuse and Exploitation.”
For this purpose, I call on all sectors and organizations, especially the
Department of Social Welfare and Development, Department of Education,
Culture and Sports, Department of Health, Philippine National Police,
Department of the Interior and Local Government, Department of Labor and
Employment, Philippine Information Agency, Department of transportation
and Communications, Council for the Welfare of Children, and other national
agencies of government, as well as local government units, the Barangay
Council for the Protection of Children to join hands with the public sector,
non-government organization, child and youth organizations, people’s
organizations, media, women, and business corporations to:
1. promote awareness on the problem of child sexual abuse and

exploitation;
2. participate in the nationwide campaign to prevent child sexual abuse

and exploitation;
3. instill in the general public respect for laws and ordinances related
to the welfare of children, and surveillance and report of suspected cases to
DSWD or law enforcement agencies;
4. integrate in school curriculum topics on child abuse and exploitation;

and
5. provide orientation to all sectors on RA 7610 and other laws and on

the problem of child abuse and exploitation.

Done in the City of Manila, this 5th day of February in the year of Our
Lord, nineteen hundred and ninety-six.
638

By the President:

Executive Secretary
639
MALACAÑANG
Manila
DECLARING THE FOURTH WEEK OF MARCH 1996 AS “PROTECTION

AND GENDER-FAIR TREATMENT OF THE GIRL CHILD
WEEK”
WHEREAS, every Girl child who is below 18 years of age should be

provided with equal opportunities and adequate protection to prepare her
for her role in community development;
WHEREAS, there is considerable cause for concern in the increasing

number of girls subjected to economic exploitation, prostitution, sexual
assault and abuse;
WHEREAS, issues confronting female children like teenage pregnancy

and HIV/AIDS should be specifically addressed;
WHEREAS, some regional and cultural beliefs and practices put the girl
child in seemingly disadvantaged situation where they do not have access
to education, health care and other opportunities for self advancement;
WHEREAS, to determine the extent of these problems, the Government

has to set a firm age gender desegregated data based on key social and
economic indicators where gaps can be identified, evaluated, and addressed
at both family and societal levels;
WHEREAS, the Declaration of the World Summit for Children in 1990

and Convention on the Elimination of all Forms of Discrimination against
Women 1981 endorsed the right of the girl child to health, education
and employment, as well as protection against all forms of abuse and
exploitation;
640
WHEREAS, issues of equality and opportunities for the girl child were
given priority at the 1995 World Social Summit in Copenhagen and in the
Beijing Declaration;
WHEREAS, this proclamation reaffirms the Philippine’s commitment to

all this global initiatives and reiterates plans and projects embodied in the
1995-2025 Philippine Plan for Gender-Responsive Development;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic

declare the fourth week of March 1996, and every year thereafter, as
“Protection and Gender-Fair Treatment of the Girl Child Week” under the
auspices of the Council for the Welfare of Children (CWC).
SECTION 1. Mandate of Department of Social Welfare and Development.

– The Department of Social Welfare and Development, as the lead agency,
through the CWC, is mandated to:
a. Review current programs and plans for female children, most

especially those with less access to education, health, employment and other
opportunities;
b. Develop concrete action plans to correct and improve the status of

Filipina children and ensure their fullest and total protection;
c. Propose the rectification of laws that discriminate against female

children and the enactment of more gender-fair legislation;
d. Work for the adoption of procedures that will mitigate the burden
of a court proceeding where the victim is a girl child; and
e. Promote and develop information campaigns including awareness-

raising themes and messages that shall ensure equal opportunities for the
girl child.
641
SEC. 2. Plan of Action. – The CWC is designated to formulate an initial

Plan of Action for 1996-2000, provide guidelines and technical assistance
in relation to this celebration and undertake the dissemination of this
proclamation.
Progress and accomplishment of all these initiatives shall be reported

to the President and the Filipino people.
SEC. 3. Assistance From Other Agencies. – All departments, offices or

agencies of the government, including but not limited to the Department of
the Interior and Local Government, Department of Labor and Employment
and the Philippine National Police are hereby ordered to assist and coordinate
with the DSWD and the CWC in the realization of the objectives as defined
in this proclamation.

Done in the City of Manila, this 6th day of March in the year of Our
Lord, nineteen hundred and ninety-six.

By the President:

Executive Secretary
642
MALACAÑANG
Manila
DECLARING THE SECOND WEEK OF DECEMBER OF EVERY YEAR

AS “RESPONSIBLE TELEVISION FOR CHILDREN WEEK”
W HEREAS, the United Nations Children’s Fund (UNICEF) has

declared a worldwide observance of the “International Children’s Day of
Broadcasting” on the second Sunday of December each year;
WHEREAS, pursuant to the UNICEF declaration, the Philippine Congress

enacted in 1996 Republic Act No. 8296, declaring every second Sunday of
December of each year as the “ National Children’s Broadcasting Day”;
W HEREAS, responsible television in the country can be further

strengthened through a systematic and coordinated information drive directed
to our citizens, emphasizing that television networks have responsibilities by
virtue of television’s influence on the social, intellectual, moral and cultural
behaviour and development of our citizens, especially our children;
WHEREAS, raising the level of awareness of both citizens and television

networks on responsible television in the country is of utmost benefit to
our children and that lengthening the National Children’s Broadcasting
Day yearly celebration to a week is another reflection of our country’s
commitment to honor our children;

declare the second week of December of every year as “RESPONSIBLE
TELEVISION FOR CHILDREN WEEK”
I call upon all agencies of the government, professional, civic, and

religious organizations, and the mass media, in particular all our TV network
and cable operators to extend their wholehearted cooperation and support
to this endeavour.
643
I also urge in particular, the Southeast Asian Foundation for Children’s

Television, UNICEF-Philippines and the Kapisanan ng mga Broadkaster ng
Pilipinas to help coordinate such efforts.
IN WITNESS, WHEREOF, I have hereunto set my hand and caused

Our Lord, Two Thousand and Two.

By the President:

Executive Secretary
644
MALACAÑANG
Manila
DECLARING OCTOBER 2006 – OCTOBER 2007 AS “CHILD ABUSE

PREVENTION YEAR”
WHEREAS, Proclamation No. 74 declares October 17 as the National

Children’s Day and Proclamation No. 267 declares the month of October
as “National Children’s Month”;
WHEREAS, Section 3, Article XV of the Philippine Constitution provides

that “The State shall defend: The Right of the Children to Assistance, In-
protection from All forms of Neglect, Abuse, Cruelty, Exploitation and Other
Conditions Prejudicial to their Development”;
WHEREAS, Section 11, Article II of the same Constitution provides that:

“The State Values the Dignity of Every Human Person and Guarantees Full
Respect for Human Rights”;
WHEREAS, the Filipino people strongly believe that a child is a gift from
the Almighty God, whose aid we implore in the Preamble of the Constitution;
and
WHEREAS, the safety of the child has been and still is being seriously
threatened and there is urgent need to remind us of this very important value
of protecting the child and preventing abuse.

law, do hereby declare the year October 2006 – October 2007 as “Child
Abuse Prevention year” under the auspices of the Child Protection Unit of the
Philippine General Hospital and the CPU-Network as the non-governmental
organization.
645

Done in the City of Manila, this 8th day of September, in the year of
Our Lord Two Thousand and Six.
(Sgd) H.E. GLORIA MACAPAGAL-ARROYO
By the President:

Executive Secretary
646
MALACAÑANG
Manila
DECLARING THURSDAY, DECEMBER 28, 2006 (HOLY INNOCENTS’

DAY) AS A SPECIAL DAY DEDICATED TO STREET CHILDREN
AND OTHER ABANDONED, ORPHANED, ABUSED AND
MARGINALIZED YOUTH
WHEREAS, Holy Innocents’ Day (December 28, 2006) commemorates

the massacre of all children less than two years of age, as ordered by King
Herod to make sure that Jesus did not survive;
WHEREAS, the Holy Innocents were the very first saints and they died
not only for Christ, but in place of Christ;
WHEREAS, the abandoned and neglected children of today are the Holy
Innocents of our times;
WHEREAS, it is but fitting to declare Holy Innocents’ Day a special

day dedicated to street children and other abandoned, orphaned, abused and
marginalized youth;
WHEREAS, we must devote this special days as the starting point of

solving our street children problem and make possible a convergence of
cooperativism and synergized cultural initiatives for vulnerable groups.
WHEREAS, the focus on their needs, conditions and celebrating their

capacity to social transformation and achievement would be inspiring to forge
broader community and national support for advancing their welfare;

647
declare Thursday, December 28, 2006 (Holy Innocents’ Day) as a special

day dedicated to street children and other abandoned, orphaned, abused and
marginalized youth. December 28, 2006 shall, however, remain a regular
working day.

our Lord, Two Thousand and Six.

By the President:

Executive Secretary
648
MALACAÑANG
Manila
MEMORANDUM ORDER NO. 71
DIRECTING THE SECRETARY, DEPARTMENT OF LABOR AND

EMPLOYMENT, TO TAKE IMMEDIATE AND EFFECTIVE
MEASURES TO ENSURE THE PROHIBITION AND ELIMINATION
OF THE WORST FORMS OF CHILD LABOR THROUGH
THE PHILIPPINE TIME-BOUND PROGRAM AND OTHER
INITIATIVES PURSUANT TO THE ILO CONVENTION 182
WHEREAS, the Philippines uphold the inherent rights of children,

including their rights to be protected against abuse and exploitation and
to e defended and given assistance by the government and civil society
groups;
WHEREAS, an estimated 250 million children around the world are

being exploited, half of whom are working full time and out-of-school and
at least 50 million engaged in worst forms of child labor’ in the Philippines,
statistics reveal there are 4 million working children, one-fifth of whom find
their work risky or dangerous;
WHEREAS, the Philippines, as one of the countries which ratified ILO

Convention 182 Concerning the Prohibition and Immediate Action for
the elimination of the Worst Forms of Child Labor, has actively involved
government agencies, employers’ and workers’ groups, non-governmental
organizations, local government units, academe, media, church-based
organizations, women’s and working children’s organizations, families and
communities in undertaking programs and activities to combat the worst
forms of child labor in support of national and international initiatives;
WHEREAS, the National Program Against Child Labor represents the

finest efforts of the Philippines’ network of social partners in eliminating the
worst forms of child labor and transforming the lives of child laborers, their
families and communities towards their sense of self-worth, empowerment
and development.
649

order:
SECTION 1. The Secretary, Department of Labor and Employment shall,

in addition to her regular duties, be in charge of the national monitoring ILO
Convention 182 by taking immediate and effective measures to ensure the
prohibition and elimination of the worst forms of child labor, through the
Philippine Time-Bound Program and other initiatives under the National
Program Against Child Labor.
SEC. 2. Support Agencies. The ILO Convention 182 National Monitoring

Team may seek the assistance and support of any Department, Bureau, Office
or any government agency, and engage civil society in the attainment of the
time-bound program objectives to effectively and efficiently eliminate worst
forms of child labor.
SEC. 3. The Secretary shall also exercise the following functions:
a. Monitoring the planning, implementation and evaluation activities

for the time-bound and other programs on worst forms of child labor at the
national, regional and local levels;
b. Involve the participation of partners and stake holders in every process

of program management to ensure commitment to, and responsibility and
accountability for the various program components;
c. Ensure that the time-bound program is consistently formulated within

the context of the National Program Against Child Labor (NPACL) and other
national socio-economic plans and programs relating o child labor;
d. Develop policy-legislative agenda on the elimination of the worst

forms of child labor;
e. Source out financial resources from funding institutions to effectively

achieve program objectives; and
650
f. Take immediate policy measures to ensure the prohibition and

elimination of the worst forms of child labor through preventive interventions,
provision of direct assistance, recovery and social reintegration, ensuring
access to free basic education and appropriating vocational/technical training
and other basic services, identifying and reaching out to those at risk, and
taking into account of the special situation of girls.
g. Ensure the effective exchange of data, information, or any pertinent

report between and among government and non-governmental agencies
involved and supporting ILO Convention 182.
SEC. 4. The amount necessary for the initial implementation of this

Order shall be charged against the existing appropriation of DOLE.
Thereafter, the amount needed for the operation shall be included in the
budget of DOLE in the succeeding General Appropriations Act.
SEC. 5. This Order shall take effect immediately.
Done in the City of Manila, this 2nd day of September, in the year of
Our Lord, two thousand and two.

By the President:

Executive Secretary
651
MALACAÑANG
Manila
MEMORANDUM ORDER NO. 203
DESIGNATING THE DEPARTMENT OF SOCIAL WELFARE AND

DEVELOPMENT AS THE LEAD AGENCY IN ENSURING THAT
THE RIGHTS AND WELFARE OF CHILDREN IN CONFLICT
WITH THE LAW ARE PROTECTED
WHEREAS, there is a growing and serious concern regarding Children

in Conflict with the Law (CICL) being detained or incarcerated together with
adult offenders in some city/ municipal/provincial jails while their cases are
pending with the courts;
WHEREAS, the designation of Department of Social Welfare and

Development (DSWD) as lead agency, in close coordination with the
Department of Justice (DOJ) and the Department of Interior and Local
Government (DILG), and with the mandate to adopt ways, means and
measures allowed under existing laws, rules and regulations, will ensure that
the rights and welfare of the CICL are protected and that they are separately
detained from adult prisoners;
WHEREAS, the Council for the Welfare of Children (CWC) under

DSWD, created pursuant to Republic Act (RA) No. 8980, otherwise known
as the Early Childhood Care and Development Act, should participate in the
efforts to protect the rights and welfare of the CICL.
NOW THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President

order:
SECTION 1. Lead Agency. – The Department of Social Welfare and

Development (DSWD) is hereby designated as the lead agency for ensuring
that the rights and welfare of Children in Conflict with the Law (CICL) are
protected.
652
S EC.2. Mandate. – The DSWD, in close coordination with the

Department of Justice (DOJ) and the Department of Interior and Local
Government (DILG), is hereby mandated to adopt ways, means and measures
allowed under existing laws, rules and regulations that protect the rights and
welfare of CICL. The separate detention of CICL from adult prisoners shall
be ensured.
SEC.3. Agency Support. – The DSWD, assisted by DOJ and DILG, shall
seek integrated assistance and support from the Bureau of Jail Management
and Penology (BJMP) and the Council for the Welfare of Children (CWC).
All other agencies whose assistance and support may be deemed necessary
to the effective performance of all these functions may be called upon, and
said agencies are hereby directed to extend full cooperation thereto.
SEC. 4. Report. – The DSWD, by itself or through the agencies mentioned

in Section 3 hereof, shall submit an initial report and recommendation to the
Office of the President regarding the plight of the CICL not later than two
(2) months after it has convened. Thereafter, a consolidated report shall be
submitted on quarterly basis.
S EC . 5. Effectivity. – This Memorandum Order takes effect

immediately.
Done in the City of Manila, this 30th day of January, in the year of Our
Lord, Two Thousand and Six.
(Sgd) GLORIA MACAPAGAL ARROYO

By the President:

Executive Secretary
653
654
DISASTER RESPONSE MANAGEMENT - LEGAL ISSUANCES
PART II
DISASTER RESPONSE
MANAGEMENT
ü
q Legal Issuances
655
656
ACT NO. 1809
AN ACT APPROPRIATING THE SUM OF ONE HUNDRED THOUSAND

PESOS FROM INSULAR FUNDS FOR THE RELIEF OF
SUFFERERS FROM PUBLIC CALAMITIES.
By authority of the United States, be it enacted by the Philippines Legislature,

that:
SECTION 1. The sum of one hundred thousand pesos, Philippine

currency, is hereby appropriated, from any funds in the Insular Treasury not
otherwise appropriated, to be expended in the manner herein after provided
and to be available until expended.
SEC. 2. A joint committee is hereby created, composed of not to

exceed seven members of the Philippine commission, to be appointed by
the President thereof, and seven members of the Philippine Assembly, to be
appointed by the speaker thereof, which committee shall have power and
authority to consider all petitions for the relief of sufferers from general
conflagrations, typhoons, floods, earthquakes, famine, pestilence, epidemics,
and other disasters which amount to public calamities. Said joint committee
shall, out of the appropriation provided for in section one of the Act, make
the award and determine the sum which it may deem necessary for the
temporary reliefs of sufferers from said disaster, and may expend such sum
for such relief or may authorize the sum so fixed and awarded to be expended
by the provincial board or boards of the provinces in which such disasters
have occurred.
SEC. 3. All petitions for relief received by the Governor-General or by

the Speaker of the Assembly, and all other petitions received for the relief
of sufferers from public calamities, shall be immediately transmitted to the
joint committee for which provision is made in section two of this Act.
SEC. 4. This act shall take effect on its passage.
Enacted, February 14. 1908
657
ACT NO. 2628
AN ACT CREATING A PHILIPPINE RED CROSS, DESIGNATING ITS

POWERS AND DUTIES, AND FOR OTHER PURPOSES
WHEREAS in consequence of the great distress from time to time caused

among the people by storms, inundations, volcanic eruptions, earthquakes,
fires, epidemics, and other events with similar effects, relief committees
have occasionally been organized and funds raised, appeal being made in
the majority of cases to private charity;
WHEREAS it is from every point of view advisable that there be an

organization always ready for the relief of the distress of the sufferers in such
cases; that the losses suffered by the persons affected be investigated; and
as much as possible prevented and mitigated; that private charity be guided
and organized, and that public confidence be maintained: Now, therefore,
By authority of the United States, be it enacted by the Philippine Legislature,

that:
SECTION 1. Creation, name, and nature of the corporation. – There is

hereby created a public corporation which shall be known by the name of
Philippine Red Cross.
SEC. 2. Purposes of the Red Cross. – It shall be the purpose of said

corporation:
(a) To investigate and consider the damages caused to people by

storms, inundations, volcanic eruptions, earthquakes, fires, epidemics, and
other events of similar effects; promote adequate measures for preventing
or lessening the ravages caused; propose to the competent authorities such
measures as it may deem advisable in each case, and, upon their adoption,
cooperate in the execution thereof.
658
(b) To establish and organize rapid and adequate measures for relieving
the sufferers and rendering volunteer aid and assistance to them with the
means at its disposal.
(c) To collect funds and received donations or voluntary contributions

for its maintenance and the realization of its purpose.
(d) To supervise, inspect, and when deemed advisable, to take direct

charge of all work for the relief of persons injured by public calamities.
(e) In case of disturbances of the public order, riots, uprisings, strikes

accompanied by bloodshed, insurrection, or war, and when the Governor-
General so authorizes, to furnish volunteer aid to the sick, wounded and
disabled in the form and manner in such cases prescribed, with such means
as it may have at its disposal.
SEC. 3. Corporate powers. – The corporation hereby created shall have

perpetual succession; may sue and be sued; may hold such real and personal
estate as shall be necessary for the accomplishment of its purposes, and make
contracts regarding the same; may accept donations, legacies, and trusts for
the purposes, or any of them, for which it has been created; may adopt a seal
and alter and change the same at pleasure; shall have the right to have and
to use, as an emblem or device, a Greek red cross on a white ground, with
the legend “Philippine Red Cross;” it may ordain and establish by-laws not
inconsistent with the laws of the Philippine Islands, and may, in general,
do all that may be necessary to carry into effect the provisions of this Act
and promote the purposes of the corporation, including the establishment
of regulations for the election of the board of directors and their successors
and the admission and classification of members of the corporation.
SEC. 4. Government of the Red Cross – The governing body of the

Philippine Red Cross shall be a central committee numbering nine persons,
five of whom shall be elected by the members of the corporation and four
appointed by the Governor-General, one of whom shall be designated as
chairman. One third of the members of the Board of Directors shall hold
659
office for two years, another third for four years, and the rest for six years,
each class to be determined by the board itself at its first session, and any
vacancy which may occur to be filled by the Governor-General for the
unexpired portion of the term of office of the late incumbent.
The central committee shall have the power to appoint from its own
members an executive committee of three persons, two of whom shall be a
quorum, who, when the central committee is not in session, shall have and
exercise all the powers of the central committee.
It shall be one of the urgent duties of the central committee to organize

as speedily as possible provincial committees of the Philippine Red Cross,
in accordance with regulations which it shall previously prescribe.
SEC. 5. Annual reports of the Red Cross. – The Philippine Red Cross shall
on the first day of January of each year make and transmit to the Philippine
Legislature, through the Governor-General, a report of its proceedings for
the preceding year, including a complete and itemized report of its receipts
and expenditures, duly certified and approved by the Insular Auditor.
SEC. 6. Penal provisions. – It shall hereafter be unlawful for any person

within the jurisdiction of the Philippine Islands to solicit, collect, or receive
money, material, or property of any kind, falsely representing or pretending
himself to be a member, agent, or representative of the Philippine Red Cross,
or to wear or display the name, emblem, or devise of said Red Cross, or an
imitation thereof, for the fraudulent purpose of including the belief that such
person is a member, agent or representative of the Red Cross.
It shall also be unlawful for any person or corporation, other than the
Philippine Red Cross and its duly authorized agents and employees and the
sanitary authorities of the Army and Navy of the United States or of the
Philippine Government, or of the agents or employees of the Philippine
Islands Committee of the American National Red Cross, for the purpose
of trade or as an advertisement to induce the sale of any article or for any
business or charitable purpose, to use within the territory of the Philippine
660
Islands the Greek red cross on a white field, or any signature, emblem, or
device of the Philippine Red Cross or made in imitation or resemblance
thereof, or the words “Red Cross” or any words which may, by their writing,
sound, or meaning, be confounded or confused therewith: Provided, That
no person, corporation, or association that actually used the said emblem,
sign, insignia, device, or words prior to the date of the passage of this Act
shall be deemed forbidden by this Act to continue the use thereof for the
same purpose and for the same class of goods for which he has been using
them; but it shall be his duty in order to be entitled to the benefits of this
exception to forthwith register his right at the office of the secretary of the
Philippine Red Cross, by means of a sworn statement setting forth in detail
the emblem, insignia, signature, or words used, the purpose for which used,
and the goods to which applied.
It shall likewise be unlawful for any person or corporation other than the
Philippine Red Cross or the Philippine Islands Committee of the American
National Red Cross, and their agents and employees duly authorized in
writing, to solicit in any manner contributions of any kind for relief for other
persons in cases of public calamity without reporting such action to the
president of the Philippine Red Cross and those of the provincial committees
thereof, if any such there be in the province or the municipality, within thirty
days; or to apply the funds collected otherwise than as specified when the
collection was made or as directed by said Philippine Red Cross or its duly
authorized representative; or to fail to account for the funds collected when
required to do so by the said Philippine Red Cross or its duly authorized
representative.
Any person or corporation violating any of the provisions of this section

shall be punished, for each offense, by a fine of not more than one thousand
pesos, or imprisonment for not more than one year, or both such fine and
imprisonment, in the discretion of the court.
Nothing in this section provided shall be construed as repealing any

provision of the existing penal laws, and where an offense provided for in
this Act is punished more severely by any other existing provision of law,
661
the penalty provided in the latter shall be applied, but if said penalty shall
be less, the penalty provided therein shall be imposed.
SEC. 7. Authorities who shall take charge of the immediate organization

of the Red Cross. – Upon the passage of this Act it shall be the duty of the
Governor-General forthwith to take the necessary steps to constitute and
organize the corporation created by this Act.
SEC. 8. This Act shall take effect on its passage.
Enacted, February 4, 1916
662
ACT NO. 4164
AN ACT TO PREVENT THE EXCESSIVE INCREASE IN THE PRICE OF

CERTAIN PRIME NECESSITIES OF LIFE ON THE OCCASSION
OF A PUBLIC CALAMITY, PENALIZING THE VIOLATION
THEREOF, AND FOR OTHER PUPOSES.

S ECTION 1. Whenever the Governor-General shall certify in a

proclamation that a public calamity exist in any given locality within the
Philippines Islands as a result of any typhoon, earthquake, or other act
of God of a similar nature, it shall be unlawful for any person, firm or
corporation in such locality, from and after the last date of the publication
of said proclamation as hereinafter provided, and during the existence of
such calamity, (1) to sell or offer for sale palay, rice, or corn, building or
construction materials, and other prime necessities of life to be specified in
such proclamation, at prices higher by twenty-five per cent or more over
and above the average current local price of such commodities one month
previous to the occurrence of such public calamity as may be determined
by the Director of Commerce; (2) to aggravate the crisis by refusing for the
purpose of profiteering to sell at the legal price or by hiding, concealing
or hoarding the goods, or commodities for the same purpose. As soon as
the Governor-General shall become satisfied that the existence of a public
calamity as certified by him in proclamation has already ceased, he shall, by
like proclamation, declare the cessation of such public calamity and upon
such proclamation the effects of this section with regard to the locality or
localities affected shall thereby cease.
SEC. 2. The Governor-General shall cause the proclamations required

in the preceding section to be published on the Official Gazette and for
three consecutive issues in two daily newspapers of general circulation in
the Islands, one in Spanish and another in English, which, in his opinion,
may be best fitted to apprise the inhabitants of the locality affected with the
terms of said proclamations.
663
SEC. 3. The Governor-General may, during the period of emergency,

herein provided for, if in his judgement public order so requires, order the
seizure of a commodity or material or merchandise of prime necessity, sell
it to the public at the price herein authorized, and reimburse to the owner of
the same its legal price.
SEC. 4. Any person, firm or corporation violating the terms of this Act
shall be punished by a fine of not less than two hundred pesos nor more than
two thousand pesos, or by imprisonment for not less than two months nor
more than two years, or both, at the discretion of the Court; and the forfeiture
of the corpus delicti. In the case of a firm or corporation, the manager or
administrator thereof, shall be criminally responsible for the violation of
this Act by such firm or corporation.
664
H. No. 1439
Third Congress
of the
Special Session
——■——
AN ACT TO PROVIDE FOR THE CIVIL DEFENSE IN TIME OF WAR

OR OTHER NATIONAL EMERGENCY, CREATING A NATIONAL
CIVIL DEFENSE ADMINISTRATION, AND FOR OTHER
PURPOSES.

“SECTION 1. National Civil Defense Administration. – (a) There is

hereby established under the Office of the President a National Civil Defense
Administration (hereinafter in this Act referred to as the “Administration”).
The Administration shall be composed of a National Civil Defense
Administrator, a Deputy Administrator, an Executive Director, a military
Liaison Officer from the Armed Forces of the Philippines, and such other
subordinate officers and employees as may be detailed thereto by the President
from other offices, agencies or branches of the Government or who may be
appointed by the Administrator. The Administrator, Deputy Administrator
and Executive Director shall be appointed from among persons not in the
active military service who are not holding any office or employment in the
Government or in any of its branches, agencies or instrumentalities.
665
(b) The National Civil Defense Administrator and the Deputy Administrator
shall be appointed by the President with the consent of the Commission on
Appointments, and they shall receive salary at the rate of twelve thousand
pesos (P12,000) and nine thousand pesos (P9,000) a year, respectively.
The Executive Director shall be appointed by the President upon the
recommendation of the Administrator, and he shall receive salary at the rate
of seven thousand two hundred (P7,200) pesos a year.
(c) It shall be the function of the Administration, under the direction

and control of the Administrator, to-
(1) establish and administer a comprehensive national civil defense

program;
(2) formulate and prepare at all times plans and policies for the protection
and welfare of the civilian population in time of war directly involving the
Philippines or other national emergency of equally grave character;
(3) estimate the total material, manpower and fiscal requirements for
carrying out the national civil defense program, and allocate to the provinces
and cities such aid in facilities, material, and funds as may be made available
from the National Government or as may be authorized by Congress;
(4) coordinate on the national level the activities and functions of the
several executive departments, agencies and instrumentalities of the National
Government, and of private institutions and civic organizations devoted to
public or social welfare, so that the facilities and resources of the entire nation
may be utilized to the maximum extent for civil defense purposes;
(5) develop and coordinate a program for informing, educating and

training the general public and volunteer workers on civil defense measures
and activities;
(6) furnish guidance to the various provinces, cities and municipalities in the
planning, organization and operation of their civil defense organizations;
666
(7) advise the President on matters concerning civil defense, and make
such recommendations from time to time as it deems appropriate or as the
President may require.
(d) In the event of war directly involving the Philippines or other national
emergency of equally grave character proclaimed by President with the
concurrence of two-thirds of the members of each House of Congress, the
Administration shall, under the direction and control of the Administrator-
(1) execute plans and policies relating to civil defense as provided for
in section four of this Act;
(2) coordinate and supervise the operations and activities of national,

provincial, city and municipal civil defense organizations.
(e) In performing its functions, the Administration shall utilize to

the maximum extent the existing personnel, facilities and resources of the
several executive departments, agencies and instrumentalities of the National
Government, except those needed by the Armed Forces of the Philippines
for the national defense, as determined by the President;
(f) The President, upon recommendation of the Administrator, shall

be and is hereby authorized to prescribe the detailed organization, functions
and duties of the different offices and agencies of the Administration.
SEC. 2. National Civil Defense Council. – (a) There is hereby established

a National Civil Defense Council (hereinafter in this Act referred to as the
“Council”) to be composed of the National Civil Defense Administrator,
as chairman, the Chairmen of the Committees on National Defense and
Security of both Houses of Congress, the Economic Coordinator, the Chief
of the Philippine Constabulary, the Commissioner of Social Welfare, the
Manager of the Philippine National Red Cross, the Manager of the National
Development Company, the Manager of the Price Stabilization Corporation,
and such other members as may be designated by the President from time
to time.
667
(b) It shall be the function of the Council to consult with and advise the
National Civil Defense Administrator on matters concerning civil defense,
particularly with respect to the coordination of the functions and activities of
the different organizations represented in the Council, with the civil defense
program.
“SEC. 3. Local Civil Defense Organizations.– (a) The organization,

functions and responsibilities of provincial, city and municipal civil
defense organizations shall conform to the following general policies and
standards:
(1) The various tasks, functions and responsibilities of civil defense

shall be assigned to appropriate existing offices, agencies, instrumentalities,
officials and employees of the various provincial, city or municipal
governments. Existing facilities and resources of these governments shall
be utilized to the maximum in their respective civil defense organizations
and activities.
(2) The financial costs of local civil defense within each province,
city and municipality shall be borne by the provincial, city or municipal
governments, concerned: Provided, That if the resources of the province, city
or municipality concerned are not sufficient to bear said costs, the National
Government shall provide the necessary subsidy.
(3) The provincial governor of each province shall be responsible for the
direction, supervision and coordination of civil defense planning, operations
and activities within his province, except in chartered cities. For this purpose,
he shall be designated as the Provincial Civil Defense Director.
(4) The basic operating units for civil defense shall be the municipalities
and cities. Each municipality and chartered city shall organize and maintain
its own local civil defense organization, with the municipal or city mayor
as the Municipal Civil Defense Director of his particular municipality or
city.
668
(5) The Municipal Civil Defense Director under the direction

and supervision of the Provincial Civil Defense Director in the case of
municipalities, shall be responsible for-
(A) establishing and administering the municipal or city civil defense

organization;
(B) Coordinating and directing the local civil defense operations and
activities of public and private agencies or groups within the locality;
(C) formulating and negotiating mutual aid plans and agreements with
neighboring municipalities and with the province in which it is located;
(D) directing the development of civil defense plans and programs in

accordance with plans and policies established by national and provincial
civil defense organizations.
(b) The Administrator shall, upon recommendation of the Council,

prescribe such rules and regulations from time to time to public or private
firms, associations, companies, corporations, institutions, establishments or
organized groups of persons to the preparation of their own plans, and to
organize their respective staffs, personnel and facilities, for civil defense.
In the event of war directly involving the Philippines or other national
emergency of equally grave character such entities or groups shall institute
and maintain at all times guard systems, safety programs, warning systems,
personnel shelters, fire-fighting facilities and procedures, emergency medical
facilities, blackout techniques and procedures, exit and entry control, and
other protective measures for their respective establishments, personnel,
inmates or patrons.
(c) Each Municipal Civil Defense Director shall organize groups of

individuals and families living in one neighborhood within his municipality
or city into Civil Defense Units. Each Civil Defense Unit shall be under a
leader who shall be responsible for the organization and training of individual
members in fire-fighting and first-aid techniques, guard duty, blackout
control, and other phases of concerted self-protection relating to civil
669
defense. The Municipal Civil Defense Director shall direct and coordinate
the civil defense functions and activities of all Civil Defense Units within
his city or municipality.
(d) In cities and towns of over 100,000 population, civil defense drills
shall be held at least once every three months.
SEC. 4. Civil Defense Operating Services. – The Administrator shall

be and is hereby authorized to prescribe the organization of, the functions,
duties and responsibilities of national, provincial, city and municipal civil
defense authorities in connection with the following operating services for
civil defense, subject to the approval of the President: the Warden Service,
Police Service, Fire Service, Health Service, Rescue and Engineering Service,
Emergency Welfare Service, Transportation Service, Communication
Service, Evacuation Service and Air-raid Warning Service, and the Auxiliary
Service. Units of each of these civil defense operating services shall be
established in the national, and in each provincial, city and municipal defense
organization. Such units shall operate under the direction and supervision
of the head of the civil defense organization to which they appertain.
SEC. 5. Civil Defense Measures. – (a) In time of war directly involving

the Philippines or other national emergency of equally grave character
proclaimed as above stated with the concurrence of two-thirds of the
members of each House of Congress, the President shall be and is hereby
authorized to promulgate rules and regulations in order to carry out the civil
defense program as prepared and established by the National Civil Defense
Administration.
(b) Any person, firm or corporation found guilty of any violation of

the rules and regulations promulgated by the President under the authority
of this section shall be punished by imprisonment of not more than ten years
or by a fine of not more than ten thousand pesos, or by both such fine and
imprisonment in the discretion of the court. If such violation is committed
by a firm, association, or corporation, the managing head or heads thereof
shall be criminally responsible therefore.
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SEC. 6. The sum of five hundred thousand pesos is hereby appropriated,

out of any funds in the National Treasury not otherwise appropriated, to
carry out the purposes of this Act. Not more than twenty per cent of this
appropriation shall be expended for overhead and salaries. Appropriations
for the operation of the Administration shall hereafter be included in the
annual general appropriations for the Office of the President.
SEC. 7. No provision of this Act shall be interpreted as conferring

upon the President or the National Civil Defense Administration authority
to exercise any of the powers exclusively vested in Congress by the
Constitution.
SEC. 8. All laws and executives orders or portions thereof inconsistent

with this Act are hereby repealed.
Approved,
______________________________
______________________________
Representatives
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Finally passed by the Senate on July 26, 1954
______________________________

passed by the same on July 28, 1954.
______________________________
Representatives
Approved: August 18, 1954
______________________________
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S. No. 3086
H. No. 6985

Metro Manila
Fourteenth Congress
two thousand nine.
——■——
ACT STRENGTHENING THE PHILIPPINE DISASTER RISK

REDUCTION AND MANAGEMENT SYSTEM, PROVIDING
FOR THE NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT FRAMEWORK AND INSTITUTIONALIZING
THE NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT PLAN APPROPRIATING FUNDS THEREFOR

SECTION 1. Title. – This Act shall be known as the “Philippine Disaster

Risk Reduction and Management Act of 2010”
SEC. 2. Declaration of Policy. – It shall be the policy of the State to:
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(a) Uphold the people’s constitutional rights to life and property by

addressing the root causes of vulnerabilities to disasters, strengthening the
country’s institutional capacity for disaster risk reduction and management
and building the resilience of local communities to disasters including climate
change impacts;
(b) Adhere to and adopt the universal norms, principles ,and standards
of humanitarian assistance and the global effort on risk reduction as concrete
expression of the country’s commitment to overcome human sufferings due
to recurring disasters;
(c) Incorporate internationally accepted principles of disaster risk

management in the creation and implementation of national, regional and
local sustainable development and poverty reduction strategies, policies,
plans and budgets;
(d) Adopt a disaster risk reduction and management approach that

is holistic, comprehensive, integrated, and proactive in lessening the
socioeconomic and environmental impacts of disasters including climate
change, and promote the involvement and participation of all sectors and
all stakeholders concerned, at all levels, especially the local community;
(e) Develop, promote, and implement a comprehensive National

Disaster Risk Reduction and Management Plan (NDRRMP) that aims to
strengthen the capacity of the national government and the local government
units (LGUs), together with partner stakeholders, to build the disaster
resilience of communities, and to institutionalize arrangements and measures
for reducing disaster risks, including projected climate risks, and enhancing
disaster preparedness and response capabilities at all levels;
(f) Adopt and implement a coherent, comprehensive, integrated,

efficient and responsive disaster risk reduction program incorporated in the
development plan at various levels of government adhering to the principles
of good governance such as transparency and accountability within the
context of poverty alleviation and environmental protection:
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(g) Mainstream disaster risk reduction and climate change in

development processes such as policy formulation, socioeconomic
development planning, budgeting, and governance, particularly in the areas of
environment, agriculture, water, energy, health, education, poverty reduction,
land-use and urban planning. and public infrastructure and housing among
others;
(h) Institutionalize the policies, structures, coordination mechanisms

and programs with continuing budget appropriation on disaster risk reduction
from national down to local levels towards building a disaster-resilient nation
and communities;
(i) Mainstream disaster risk reduction into the peace process and
conflict resolution approaches in order to minimize loss of lives and damage
to property, and ensure that communities in conflict zones can immediately
go back to their normal lives during periods of intermittent conflicts:
(j) Ensure that disaster risk reduction and climate change measures are
gender responsive, sensitive to indigenous knowledge systems, and respectful
of human rights;
(k) Recognize the local risk patterns across the country and strengthen
the capacity of LGUs for disaster risk reduction and management through
decentralized powers, responsibilities, and resources at the regional and local
levels;
(l) Recognize and strengthen the capacities of LGUs and communities

in mitigating and preparing for, responding to and recovering from the impact
of disasters:
(m) Engage the participation of civil society organizations (CSOs),

the private sector and volunteers in the government’s disaster risk reduction
programs towards complementation of resources and effective delivery of
services to the citizenry;
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(n) Develop and strengthen the capacities of vulnerable and marginalized

groups to mitigate, prepare for, respond to, and recover from the effects of
disasters;
(o) Enhance and Implement a program where humanitarian aid workers,

communities, health professionals, government aid agencies, donors,
and the media are educated and trained on how they can actively support
breastfeeding before and during a disaster and/or an emergency; and
(p) Provide maximum care, assistance and services to individuals and

families affected by disaster, implement emergency rehabilitation projects
to lessen the impact of disaster, and facilitate resumption of normal social
and economic activities.

shall refer to:
(a) “Adaptation” – the adjustment in natural or human systems in

response to actual or expected climatic stimuli or their effects, which
moderates harm or exploits beneficial opportunities.
(b) “Capacity” – a combination of all strengths and resources available

within a community, society or organization that can reduce the level of risk,
or effects of a disaster. Capacity may include infrastructure and physical
means, institutions, societal coping abilities, as well as human knowledge,
skills and collective attributes such as social relationships, leadership and
management. Capacity may also be described as capability.
(c) “Civil Society Organizations” or “CSOs” – non-state actors whose

aims are neither to generate profits nor to seek governing power. CSOs
unite people to advance shared goals and interests. They have a presence in
public life, expressing the interests and values of their members or others,
and are based on ethical, cultural, scientific, religious or philanthropic
considerations. CSOs include nongovernment organizations (NGOs),
professional associations, foundations, independent research institutes,
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community-based organizations (CBOs), faith-based organizations, people’s

organizations, social movements, and labor unions.
(d) “Climate Change” – a change in climate that can be identified by

changes in the mean and/or variability of its properties and that persists
for an extended period typically decades or longer, whether due to natural
variability or as a result of human activity.
(e) “Community-Based Disaster Risk Reduction and Management”

or “CBDRRM” – a process of disaster risk reduction and management in
which at risk communities are actively engaged in the identification, analysis,
treatment, monitoring and evaluation of disaster risks in order to reduce their
vulnerabilities and enhance their capacities, and where the people are at the
heart of decision-making and implementation of disaster risk reduction and
management activities.
(f) “Complex Emergency” – a form of human-induced emergency in

which the cause of the emergency as well as the assistance to the afflicted
is complicated by intense level of political considerations.
(g) “Contingency Planning” – a management process that analyzes

specific potential events or emerging situations that might threaten society or
the environment and establishes arrangements in advance to enable timely,
effective and appropriate responses to such events and situations.
(h) “Disaster” – a serious disruption of the functioning of a community or

a society involving widespread human, material, economic or environmental
losses and impacts, which exceeds the ability of the affected community
or society to cope using its own resources. Disasters are often described
as a result of the combination of: the exposure to a hazard; the conditions
of vulnerability that are present; and insufficient capacity or measures to
reduce or cope with the potential negative consequences. Disaster impacts
may include loss of life, injury, disease and other negative effects on human,
physical, mental and social well-being, together with damage to property,
destruction of assets, loss of services, social and economic disruption and
environmental degradation.
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(i) “Disaster Mitigation” – the lessening or limitation of the adverse

impacts of hazards and related disasters. Mitigation measures encompass
engineering techniques and hazard-resistant construction as well as improved
environmental policies and public awareness.
(j) “Disaster Preparedness” – the knowledge and capacities developed

by governments, professional response and recovery organizations,
communities and individuals to effectively anticipate, respond to, and
recover from, the impacts of likely, imminent or current hazard events or
conditions. Preparedness action is carried out within the context of disaster
risk reduction and management and aims to build the capacities needed to
efficiently manage all types of emergencies and achieve orderly transitions
from response to sustained recovery. Preparedness is based on a sound
analysis of disaster risk and good linkages with early warning systems, and
includes such activities as contingency planning, stockpiling of equipment
and supplies, the development of arrangements for coordination, evacuation
and public information, and associated training and field exercises. These
must be supported by formal institutional, legal and budgetary capacities.
(k) “Disaster Prevention” – the outright avoidance of adverse impacts

of hazards and related disasters. It expresses the concept and intention to
completely avoid potential adverse impacts through action taken in advance
such as construction of dams or embankments that eliminate flood risks,
land-use regulations that do not permit any settlement in high-risk zones,
and seismic engineering designs that ensure the survival and function of a
critical building in any likely earthquake.
(l) “Disaster Response” – the provision of emergency services and

public assistance during or immediately after a disaster in order to save lives,
reduce health impacts, ensure public safety and meet the basic subsistence
needs of the people affected. Disaster response is predominantly focused on
immediate and short-term needs and is sometimes called “disaster relief’.
(m) “Disaster Risk” – the potential disaster losses in lives, health status,
livelihood, assets and services, which could occur to a particular community
or a society over some specified future time period.
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(n) “Disaster Risk Reduction” – the concept and practice of reducing

disaster risks through systematic efforts to analyze and manage the causal
factors of disasters, including through reduced exposures to hazards, lessened
vulnerability of people and property, wise management of land and the
environment, and improved preparedness for adverse events.
(o) “Disaster Risk Reduction and Management” – the systematic process

of using administrative directives, organizations, and operational skills and
capacities to implement strategies, policies and improved coping capacities in
order to lessen the adverse impacts of hazards and the possibility of disaster.
Prospective disaster risk reduction and management refers to risk reduction
and management activities that address and seek to avoid the development
of new or increased disaster risks, especially if risk reduction policies are
not put in place.
(p) “Disaster Risk Reduction and Management Information System”

– a specialized database which contains, among others, information on
disasters and their human material, economic and environmental impact,
risk assessment and mapping and vulnerable groups.
(q) “Early Warning System” – the set of capacities needed to generate

and disseminate timely and meaningful warning information to enable
individuals, communities and organizations threatened by a hazard to prepare
and to act appropriately and in sufficient time to reduce the possibility of
harm or loss. A people-centered early warning system necessarily comprises
four (4) key elements: knowledge of the risks; monitoring, analysis and
forecasting of the hazards; communication or dissemination of alerts and
warnings; and local capabilities to respond to the warnings received. The
expression “end-to-end warning system” is also used to emphasize that
warning systems need to span all steps from hazard detection to community
response.
(r) “Emergency” – unforeseen or sudden occurrence, especially danger,

demanding immediate action.
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(s) “Emergency Management” – the organization and management of

resources and responsibilities for addressing all aspects of emergencies, in
particular preparedness, response and initial recovery steps.
(t) “Exposure” – the degree to which the elements at risk are likely to
experience hazard events of different magnitudes.
(u) “Geographic Information System” – a database which contains,

among others, geo-hazard assessments, information on climate change, and
climate risk reduction and management.
(v) “Hazard” – a dangerous phenomenon, substance, human activity or

condition that may cause loss of life, injury or other health impacts, property
damage, loss of livelihood and services, social and economic disruption, or
environmental damage.
(w) “Land-Use Planning” – the process undertaken by public authorities

to identify, evaluate and decide on different options for the use of land,
including consideration of long-term economic, social and environmental
objectives and the implications for different communities and interest groups,
and the subsequent formulation and promulgation of plans that describe the
permitted or acceptable uses.
(x) “Mitigation” – structural and non-structural measures undertaken

to limit the adverse impact of natural hazards, environmental degradation,
and technological hazards and to ensure the ability of at-risk communities
to address vulnerabilities aimed at minimizing the impact of disasters. Such
measures include, but are not limited to, hazard-resistant construction and
engineering works, the formulation and implementation of plans, programs,
projects and activities, awareness raising, knowledge management, policies
on land-use and resource management, as well as the enforcement of
comprehensive land-use planning, building and safety standards, and
legislation.
(y) “National Disaster Risk Reduction and Management Framework”

or “NDRRMF” – provides for comprehensive, all hazards, multi-sectoral,
680
inter-agency and community-based approach to disaster risk reduction and

management.
(z) “National Disaster Risk Reduction and Management Plan” or

“NDRRMP” – the document to be formulated and implemented by the
Office of Civil Defense (OCD) that sets out goals and specific objectives
for reducing disaster risks together with related actions to accomplish these
objectives.
The NDRRMP shall provide for the identification of hazards,

vulnerabilities and risks to be managed at the national level; disaster risk
reduction and management approaches and strategies to be applied in
managing said hazards and risks; agency roles, responsibilities and lines of
authority at all government levels; and vertical and horizontal coordination of
disaster risk reduction and management in the pre-disaster and post-disaster
phases. It shall be in conformity with the NDRRMF.
(aa) “Post-Disaster Recovery” – the restoration and improvement where

appropriate, of facilities, livelihood and living conditions of disaster-affected
communities, including efforts to reduce disaster risk factors, in accordance
with the principles of “build back better”.
(bb) “Preparedness” – pre-disaster actions and measures being

undertaken within the context of disaster risk reduction and management
and are based on sound risk analysis as well as pre-disaster activities to avert
or minimize loss of life and property such as, but not limited to, community
organizing, training, planning, equipping, stockpiling, hazard mapping,
insuring of assets, and public information and education initiatives. This also
includes the development/enhancement of an overall preparedness strategy,
policy, institutional structure, warning and forecasting capabilities, and plans
that define measures geared to help at-risk communities safeguard their lives
and assets by being alert to hazards and taking appropriate action in the face
of an imminent threat or an actual disaster.
(cc) “Private Sector” – the key actor in the realm of the economy where
the central social concern and process are the mutually beneficial production
681
and distribution of goods and services to meet the physical needs of human
beings. The private sector comprises private corporations, households and
nonprofit institutions serving households.
(dd) “Public Sector Employees” – all persons in the civil service.
(ee) “Rehabilitation” – measures that ensure the ability of affected

communities/areas to restore their normal level of functioning by rebuilding
livelihood and damaged infrastructures and increasing the communities’
organizational capacity.
(ff) “Resilience” – the ability of a system, community or society

exposed to hazards to resist, absorb, accommodate and recover from the
effects of a hazard in a timely and efficient manner, including through the
preservation and restoration of its essential basic structures and functions.
(gg) “Response” – any concerted effort by two (2) or more agencies,

public or private, to provide assistance or intervention during or immediately
after a disaster to meet the life preservation and basic subsistence needs of
those people affected and in the restoration of essential public activities and
facilities.
(hh) “Risk” – the combination of the probability of an event and its

negative consequences.
(ii) “Risk Assessment” – a methodology to determine the nature

and extent of risk by analyzing potential hazards and evaluating existing
conditions of vulnerability that together could potentially harm exposed
people, property, services, livelihood and the environment on which they
depend. Risk assessments with associated risk mapping include: a review
of the technical characteristics of hazards such as their location, intensity,
frequency and probability; the analysis of exposure and vulnerability including
the physical, social, health, economic and environmental dimensions; and the
evaluation of the effectiveness of prevailing and alternative coping capacities
in respect to likely risk scenarios.
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(jj) “Risk Management” – the systematic approach and practice of

managing uncertainty to minimize potential harm and loss. It comprises
risk assessment and analysis, and the implementation of strategies and
specific actions to control, reduce and transfer risks. It is widely practiced
by organizations to minimize risk in investment decisions and to address
operational risks such as those of business disruption, production failure,
environmental damage, social impacts and damage from fire and natural
hazards.
(kk) “Risk Transfer” – the process of formally or informally shifting the

financial consequences of particular risks from one party to another whereby
a household, community, enterprise or state authority will obtain resources
from the other party after a disaster occurs, in exchange for ongoing or
compensatory social or financial benefits provided to that other party.
(ll) “State of Calamity” – a condition involving mass casualty and/or

major damages to property, disruption of means of livelihoods, roads and
normal way of life of people in the affected areas as a result of the occurrence
of natural or human-induced hazard.
(mm) “Sustainable Development” – development that meets the needs

of the present without compromising the ability of future generations to meet
their own needs. It contains within it two (2) key concepts: (1) the concept
of “needs”, in particular, the essential needs of the world’s poor, to which
overriding priority should be given; and (2) the idea of limitations imposed
by the state of technology and social organizations on the environment’s
ability to meet present and future needs. It is the harmonious integration of
a sound and viable economy, responsible governance, social cohesion and
harmony, and ecological integrity to ensure that human development now
and through future generations is a life-enhancing process.
(nn) “Vulnerability” – the characteristics and circumstances of a

community, system or asset that make it susceptible to the damaging effects
of a hazard. Vulnerability may arise from various physical, social, economic,
and environmental factors such as poor design and construction of buildings,
inadequate protection of assets, lack of public information and awareness,
683
limited official recognition of risks and preparedness measures, and disregard

for wise environmental management.
(oo) “Vulnerable and Marginalized Groups” – those that face higher

exposure to disaster risk and poverty including, but not limited to, women,
children, elderly, differently-abled people, and ethnic minorities.
SEC. 4. Scope. – This Act provides for the development of policies and
plans and the implementation of actions and measures pertaining to all aspects
of disaster risk reduction and management, including good governance, risk
assessment and early warning, knowledge building and awareness raising,
reducing underlying risk factors, and preparedness for effective response
and early recovery.
SEC. 5. National Disaster Risk Reduction and Management Council.

– The present National Disaster Coordinating Council or NDCC shall
henceforth be known athe National Disaster Risk Reduction and Management
Council, hereinafter referred to as the NDRRMC or the National Council.
The National Council shall be headed by the Secretary of the Department of
National Defense (DND) as Chairperson with the Secretary of the Department
of the Interior and Local Government (DILG) as Vice Chairperson for
Disaster Preparedness, the Secretary of the Department of Social Welfare
and Development (DSWD) as Vice Chairperson for Disaster Response, the
Secretary of the Department of Science and Technology (DOST) as Vice
Chairperson for Disaster Prevention and Mitigation, and the Director-General
of the National Economic and Development Authority (NEDA) as Vice
Chairperson for Disaster Rehabilitation and Recovery.
The National Council’s members shall be the following:
(a) Secretary of the Department of Health (DOH);
(b) Secretary of the Department of Environment and Natural Resources

(DENR);
(c) Secretary of the Department of Agriculture (DA);
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(d) Secretary of the Department of Education (DepEd);
(e) Secretary of the Department of Energy (DOE);
(f) Secretary of the Department of Finance(DOF);
(g) Secretary of the Department of Trade and Industry (DTI);
(h) Secretary of the Department of Transportation and Communications

(DOTC);
(i) Secretary of the Department of Budget and Management (DBM);
(j) Secretary of the Department of Public Works and Highways

(DPWH);
(k) Secretary of the Department of Foreign Affairs (DFA);
(m) Secretary of the Department of Labor and Employment (DOLE);
(n) Secretary of the Department of Tourism (DOT);
(o) The Executive Secretary
(p) Secretary of the Office of the Presidential Adviser on the Peace

Process (OPAPP);
(q) Chairman, Commission on Higher Education (CHED);
(r) Chief of Staff, Armed Forces of the Philippines (AFP);
(s) Chief, Philippine National Police (PNP);
(t) The Press Secretary;
(u) Secretary General of the Philippine National Red Cross (PNRC);
685
(v) Commissioner of the national Anti-Poverty Commission- Victims

of Disasters and Calamities Sector (NAPCVDC);
(w) Chairperson, National Commission on the Role of Filipino

Women;
(x) Chairperson, Housing and Urban Development Coordinating

Council (HUDCC);
(y) Executive Director of the Climate Change Office of the Climate

Change Commission;
(z) President, Government Service Insurance System (GSIS);
(aa) President, Social Security System (SSS);
(bb) President, Philippine Health Insurance Corporation

(PhilHealth);
(cc) President of the Union of Local Authorities of the Philippines

(ULAP);
(dd) President of the League of Provinces of the Philippines (LPP);
(ee) President of the League of Cities of the Philippines (LCP);
(ff) President of the League of Municipalities of the Philippines

(LMP);
(gg) President of the Liga ng Mga Barangay (LMB);
(hh) Four (4) representatives from the CSOs;
(ii) One (1) representatives from the private sector; and
(jj) Administrator of the OCD.
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The representatives from the CSOs and the private sector shall be
selected from among their respective ranks based on the criteria and
mechanisms to be set for this purpose by the National Council.
SEC. 6. Powers and Functions of the NDRRMC. – The National

Council, being empowered with policy-making, coordination, integration,
supervision, monitoring and evaluation functions, shall have the following
responsibilities:
(a) Develop a NDRRMF which shall provide for a comprehensive,

all-hazards, multi-sectoral, inter-agency and community-based approach
to disaster risk reduction and management. The Framework shall serve as
the principal guide to disaster risk reduction and management efforts in
the country and shall be reviewed on a five(5)-year interval, or as may be
deemed necessary, in order to ensure its relevance to the times;
(b) Ensure that the NDRRMP is consistent with the NDRRMF;
(c) Advise the President on the status of disaster preparedness,

prevention, mitigation, response and rehabilitation operations being
undertaken by the government, CSOs, private sector, and volunteers;
recommend to the President the declaration of a state of calamity in are
as extensively damaged; and submit proposals to restore normalcy in the
affected areas, to include calamity fund allocation;
(d) Ensure a multi-stakeholder participation in the development,

updating, and sharing of a Disaster Risk Reduction and Management
Information System and Geographic Information System-based national
risk map as policy, planning and decision-making tools;
(e) Establish a national early warning and emergency alert system to

provide accurate and timely advice to national or local emergency response
organizations and to the general public through diverse mass media to include
digital and analog broadcast, cable, satellite television and radio, wireless
communications, and landline communications;
687
(f) Develop appropriate risk transfer mechanisms that shall guarantee

social and economic protection and increase resiliency in the face of
disaster;
(g) Monitor the development and enforcement by agencies and

organizations of the various laws, guidelines, codes or technical standards
required by this Act;
(h) Manage and mobilize resources for disaster risk reduction

and management including the National Disaster Risk Reduction and
Management Fund;
(i) Monitor and provide the necessary guidelines and procedures on the
Local Disaster Risk Reduction and Management Fund (LDRRMF) releases
as well as utilization, accounting and auditing thereof;
(j) Develop assessment tools on the existing and potential hazards and
risks brought about by climate change to vulnerable areas and ecosystems
in coordination with the Climate Change Commission;
(k) Develop vertical and horizontal coordination mechanisms for a

more coherent implementation of disaster risk reduction and management
policies and programs by sectoral agencies and LGUs;
(l) Formulate a national institutional capability building program for

disaster risk reduction and management to address the specific weaknesses
of various government agencies and LGUs, based on the results of a biennial
baseline assessment and studies;
(m) Formulate, harmonize, and translate into policies a national agenda

for research and technology development on disaster risk reduction and
management;
(n) In coordination with the Climate Change Commission, formulate

and implement a framework for climate change adaptation and disaster risk
reduction and management from which all policies, programs, and projects
shall be based;
688
(o) Constitute a technical management group composed of representatives

of the abovementioned departments, offices, and organizations, that shall
coordinate and meet as often as necessary to effectively manage and sustain
national efforts on disaster risk reduction and management;
(p) Task the OCD to conduct periodic assessment and performance

monitoring of the member-agencies of the NDRRMC, and the Regional
Disaster Risk Reduction and Management Councils (RDRRMCs), as defined
in the NDRRMP: and
(q) Coordinate or oversee the implementation of the country’s

obligations with disaster management treaties to which it is a party and see to
it that the country’s disaster management treaty obligations be incorporated
in its disaster risk reduction and management frameworks, policies, plans,
programs and projects.
SEC. 7. Authority of the NDRRMC Chairperson. – The Chairperson

of the NDRRMC may call upon other instrumentalities or entities of the
government and nongovernment and civic organizations for assistance
in terms of the use of their facilities and resources for the protection and
preservation of life and properties in the whole range of disaster risk reduction
and management. This authority includes the power to call on the reserve
force as defined in Republic Act No. 7077 to assist in relief and rescue during
disasters or calamities.
SEC. 8. The Office of Civil Defense. – The Office of Civil Defense

(OCD) shall have the primary mission of administering a comprehensive
national civil defense and disaster risk reduction and management program
by providing leadership in the continuous development of strategic and
systematic approaches as well as measures to reduce the vulnerabilities and
risks to hazards and manage the consequences of disasters.
The Administrator of the OCD shall also serve as Executive Director of the
National Council and, as such, shall have the same duties and privileges of a
department undersecretary. All appointees shall be universally acknowledged
experts in the field of disaster preparedness and management and of proven
689
honesty and integrity. The National Council shall utilize the services and
facilities of the OCD as the secretariat of the National Council.
SEC. 9. Powers and Functions of the OCD. – The OCD shall have the
following powers and functions:
(a) Advise the National Council on matters relating to disaster risk

reduction and management consistent with the policies and scope as defined
in this Act;
(b) Formulate and implement the NDRRMP and ensure that the physical
framework, social, economic and environmental plans of communities, cities,
municipalities and provinces are consistent with such plan. The National
Council shall approve the NDRRMP;
(c) Identify, assess and prioritize hazards and risks in consultation with
key stakeholders;
(d) Develop and ensure the implementation of national standards

in carrying out disaster risk reduction programs including preparedness,
mitigation, prevention, response and rehabilitation works, from data collection
and analysis, planning, implementation, monitoring and evaluation;
(e) Review and evaluate the Local Disaster Risk Reduction and
Management Plans (LDRRMPs) to facilitate the integration of disaster risk
reduction measures into the local Comprehensive Development Plan (CDP)
and Comprehensive Land-Use Plan (CLUP);
(f) Ensure that the LGUs, through the Local Disaster Risk Reduction
and Management Offices (LDRRMOs) are properly informed and adhere
to the national standards and programs;
(g) Formulate standard operating procedures for the deployment of

rapid assessment teams, information sharing among different government
agencies, and coordination before and after disasters at all levels;
690
(h) Establish standard operating procedures on the communication

system among provincial, city, municipal, and barangay disaster risk
reduction and management councils, for purposes of warning and alerting
them and for gathering information on disaster areas before, during and after
disasters;
(i) Establish Disaster Risk Reduction and Management Training

Institutes in such suitable location as may be deemed appropriate to train
public and private individuals, both local and national, in such subject as
disaster risk reduction and management among others. The Institute shall
consolidate and prepare training materials and publications of disaster
risk reduction and management books and manuals to assist disaster risk
reduction and management workers in the planning and implementation of
this program and projects.
The Institute shall conduct research programs to upgrade knowledge

and skills and document best practices on disaster risk reduction and
management. The Institute is also mandated to conduct periodic awareness
and education programs to accommodate new elective officials and members
of the LDRRMCs;
(j) Ensure that all disaster risk reduction programs, projects and activities
requiring regional and international support shall be in accordance with duly
established national policies and aligned with international agreements;
(k) Ensure that government agencies and LGUs give top priority
and take adequate and appropriate measures in disaster risk reduction and
management;
(l) Create an enabling environment for substantial and sustainable

participation of CSOs, private groups, volunteers and communities, and
recognize their contributions in the government’s disaster risk reduction
efforts;
(m) Conduct early recovery and post-disaster needs assessment

institutionalizing gender analysis as part of it;
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(n) Establish an operating facility to be known as the National Disaster

Risk Reduction and Management Operations Center (NDRRMOC) that shall
be operated and staffed on a twenty-four (24) hour basis;
(o) Prepare the criteria and procedure for the enlistment of accredited
community disaster volunteers (ACDVs). It shall include a manual of
operations for the volunteers which shall be developed by the OCD in
consultation with various stakeholders;
(p) Provide advice and technical assistance and assist in mobilizing

necessary resources to increase the overall capacity of LGUs, specifically
the low income and in high-risk areas;
(q) Create the necessary offices to perform its mandate as provided

under this Act; and
(r) Perform such other functions as may be necessary for effective

operations and implementation of this Act.
SEC. 10. Disaster Risk Reduction and Management Organization at

the Regional Level. – The current Regional Disaster Coordinating Councils
shall henceforth be known as the Regional Disaster Risk Reduction and
Management Councils (RDRRMCs) which shall coordinate, integrate,
supervise, and evaluate the activities of the LDRRMCs. The RDRRMC
shall be responsible in ensuring disaster sensitive regional development
plans, and in case of emergencies shall convene the different regional line
agencies and concerned institutions and authorities.
The RDRRMCs shall establish an operating facility to be known as

the Regional Disaster Risk Reduction and Management Operations Center
(RDRRMOC) whenever necessary.
The civil defense officers of the OCD who are or may be designated
as Regional Directors of the OCD shall serve as chairpersons of the
RDRRMCs. Its Vice Chairpersons shall be the Regional Directors of the
DSWD, the DILG, the DOST and the NEDA. In the case of the Autonomous
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Region in Muslim Mindanao (ARMM), the Regional Governor shall be the

RDRRMC Chairperson. The existing regional offices of the OCD shall serve
as secretariat of the RDRRMCs. The RDRRMCs shall be composed of the
executives of regional offices and field stations at the regional level of the
government agencies.
SEC. 11. Organization at the Local Government Level. – The existing

Provincial, City, and Municipal Disaster Coordinating Councils shall
henceforth be known as the Provincial, City, and Municipal Disaster Risk
Reduction and Management Councils. The Barangay Disaster Coordinating
Councils shall cease to exist and its powers and functions shall hence forth
be assumed by the existing Barangay Development Councils (BDCs) which
shall serve as the LDRRMCs in every barangay.
(a) Composition: The LDRRMC shall be composed of, but not limited
to, the following:
(1) The Local Chief Executives, Chairperson;
(2) The local Planning and Development Officer, member;
(3) The Head of the local Social Welfare and Development Office,
member;
(4) The Head of the Local Social Welfare and Development Office,
member;
(5) The head of the Local Health Office, member;
(6) The Head of the Local Agriculture Office, member;
(7) The Head of the Gender and Development Office, member;
(8) The Head of the Local Engineering Office, member;
(9) the Head of the Local Veterinary Office, member;
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(10) The Head of the Local Budget Office, member;
(11) The Division Head/Superintendent of Schools of the DepED,

member;
(12) The highest-ranking officer of the Armed Forces of the Philippines

(AFP) assigned in the area, member:
(13) The Provincial Director/City/Municipal Chief of the Philippine

National Police (PNP), member;
(14) The Provincial Director/City/ Municipal Fire Marshall of the

Bureau of Fire Protection (BFP), member;
(15) The President of the Association of Barangay Captains (ABC),

member;
(16) The Philippine National Red Cross (PNRC), member;
(17) Four (4) accredited CSOs, members; and
(18) One (1) private sector representative, member.
(b) The LDRRMCs shall have the following functions;
(1) Approve, monitor and evaluate the implementation of the LDRRMPs

and regularly review and test the plan consistent with other national and
local planning programs;
(2) Ensure the integration of disaster risk reduction and climate change
adaptation into local development plans, programs and budgets as a strategy
in sustainable development and poverty reduction;
(3) Recommend the implementation of forced or preemptive evacuation

of local residents, if necessary; and
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(4) Convene the local council once every three (3) months or as
necessary.
SEC. 12. Local Disaster Risk Reduction and Management Office

(LDRRMO). – (a) There shall be established an LDRRMO in every
province, city and municipality, and a Barangay Disaster Risk Reduction
and Management Committee (BDRRMC) in every barangay which shall
be responsible for setting the direction, development, implementation and
coordination of disaster risk management programs within their territorial
jurisdiction.
(b) The LDRRMO shall be under the office of the governor, city or
municipal mayor, and the punong barangay in case of the BDRRMC. The
LDRRMOs shall be initially organized and composed of a DRRMO to be
assisted by three(3) staff responsible for: (1) administration and training;
(2)research and planning; and (3) operations and warning. The LDRRMOs
and the BDRRMCs shall organize, train and directly supervise the local
emergency response teams and the ACDVs.
(c) The provincial, city and municipal DRRMOs or BDRRMCs shall

perform the following functions with impartiality given the emerging
challenges brought by disasters of our times:
(1) Design, program, and coordinate disaster risk reduction and

management activities consistent with the National Council’s standards and
guidelines;
(2) Facilitate and support risk assessments and contingency planning

activities at the local level;
(3) Consolidate local disaster risk information which includes natural

hazards, vulnerabilities, and climate change risks, and maintain a local risk
map;
(4) Organize and conduct training, orientation, and knowledge

management activities on disaster risk reduction and management at the
local level;
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(5) Operate a multi-hazard early warning system, linked to disaster

risk reduction to provide accurate and timely advice to national or local
emergency response organizations and to the general public, through diverse
mass media, particularly radio, landline communications, and technologies
for communication within rural communities;
(6) Formulate and implement a comprehensive and integrated LDRRMP

in accordance with the national, regional and provincial framework, and
policies on disaster risk reduction in close coordination with the local
development councils (LDCs);
(7) Prepare and submit to the local sanggunian through the LDRRMC
and the LDC the annual LDRRMO Plan and budget, the proposed
programming of the LDRRMF, other dedicated disaster risk reduction and
management resources, and other regular funding source/s and budgetary
support of the LDRRMOIBDRRMC;
(8) Conduct continuous disaster monitoring and mobilize instrumentalities

and entities of the LGUs, CSOs, private groups and organized volunteers,
to utilize their facilities and resources for the protection and preservation of
life and properties during emergencies in accordance with existing policies
and procedures;
(9) Identify, assess and manage the hazards, vulnerabilities and risks
that may occur in their locality;
(10) Disseminate information and raise public awareness about those

hazards, vulnerabilities and risks, their nature, effects, early warning signs
and counter-measures;
(11) Identify and implement cost-effective risk reduction measures/

strategies;
(12) Maintain a database of human resource, equipment, directories,

and location of critical infrastructures and their capacities such as hospitals
and evacuation centers;
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(13) Develop, strengthen and operationalize mechanisms for partnership

or networking with the private sector, CSOs, and volunteer groups;
(14) Take all necessary steps on a continuing basis to maintain, provide,

or arrange the provision of, or to otherwise make available, suitably-trained
and competent personnel for effective civil defense and disaster risk reduction
and management in its area;
(15) Organize, train, equip and supervise the local emergency response
teams and the ACDVs, ensuring that humanitarian aid workers are equipped
with basic skills to assist mothers to breastfeed;
(16) Respond to and manage the adverse effects of emergencies and

carry out recovery activities in the affected area, ensuring that there is an
efficient mechanism for immediate delivery of food, shelter and medical
supplies for women and children, endeavor to create a special place where
internally-displaced mothers can find help with breastfeeding, feed and care
for their babies and give support to each other;
(17) Within its area, promote and raise public awareness of and
compliance with this Act and legislative provisions relevant to the purpose
of this Act;
(18) Serve as the secretariat and executive arm of the LDRRMC;
(19) Coordinate other disaster risk reduction and management

activities;
(20) Establish linkage/network with other LGUs for disaster risk

reduction and emergency response purposes;
(21) Recommend through the LDRRMC the enactment of local

ordinances consistent with the requirements of this Act;
(22) Implement policies, approved plans and programs of the LDRRMC

consistent with the policies and guidelines laid down in this Act;
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(23) Establish a Provincial/City/Municipal/Barangay Disaster Risk

Reduction and Management Operations Center;
(24) Prepare and submit, through the LDRRMC and the LDC, the
report on the utilization of the LDRRMF and other dedicated disaster risk
reduction and management resources to the local Commission on Audit
(COA), copy furnished the regional director of the OCD and the Local
Government Operations Officer of the DILG; and
(25) Act on other matters that may be authorized by the LDRRMC.
(d) The BDRRMC shall be a regular committee of the existing BDC and
shall be subject thereto. The punong barangay shall facilitate and ensure the
participation of at least two (2) CSO representatives from existing and active
community-based people’s organizations representing the most vulnerable
and marginalized groups in the barangay.
SEC. 13. Accreditation, Mobilization, and Protection of Disaster

Volunteers and National Service Reserve Corps, CSOs and the Private
Sector. – The government agencies, CSOs, private sector and LGUs may
mobilize individuals or organized volunteers to augment their respective
personnel complement and logistical requirements in the delivery of disaster
risk reduction programs and activities. The agencies, CSOs, private sector,
and LGUs concerned shall take full responsibility for the enhancement,
welfare and protection of volunteers, and shall submit the list of volunteers
to the OCD, through the LDRRMOs, for accreditation and inclusion in the
database of community disaster volunteers.
A national roster of ACDVs, National Service Reserve Corps, CSOs and

the private sector shall be maintained by the OCD through the LDRRMOs.
Accreditation shall be done at the municipal or city level.
Mobilization of volunteers shall be in accordance with the guidelines

to be formulated by the DRRMC consistent with the provisions of this
Act. Any volunteer who incurs death or injury while engaged in any of the
activities defined under this Act shall be entitled to compensatory benefits
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and individual personnel accident insurance as may be defined under the

guidelines.
SEC. 14. Integration of Disaster Risk Reduction Education into the

School Curricula and Sangguniang Kabataan (SK) Program and Mandatory
Training for the Public Sector Employees. – The DepED, the CHED,
the Technical Education and Skills Development Authority(TESDA), in
coordination with the OCD, the National Youth Commission (NYC), the
DOST, the DENR, the DILG-BFP, the DOH, the DSWD and other relevant
agencies, shall integrate disaster risk reduction and management education
in the school curricula of secondary and tertiary level of education, including
the National Service Training Program (NSTP), whether private or public,
including formal and non-formal, technical vocational, indigenous learning,
and out-of-school youth courses and programs.
The DRRMC, the RDRRMCs, the LDRRMCs, the LDRRMOs, the

BDRRMCs and the SK councils shall encourage community, specifically the
youth, participation in disaster risk reduction and management activities, such
as organizing quick response groups, particularly in identified disaster-prone
areas, as well as the inclusion of disaster risk reduction and management
programs as part of the SK programs and projects. The public sector
employees shall be trained in emergency response and preparedness. The
training is mandatory for such employees to comply with the provisions of
this Act.
SEC. 15. Coordination During Emergencies. – The LDRRMCs shall

take the lead in preparing for, responding to, and recovering from the effects
of any disaster based on the following criteria:
(a) The BDC, if a barangay is affected;
(b) The city/municipal DRRMCs, if two (2) or more barangays are

affected;
(c) The provincial DRRMC, if two (2) or more cities/municipalities

are affected;
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(d) The regional DRRMC, if two (2) or more provinces are affected;
and
(e) The NDRRMC, if two (2) or more regions are affected.
The NDRRMC and intermediary LDRRMCs shall always act as support

to LGUs which have the primary responsibility as first disaster responders.
Private sector and civil society groups shall work in accordance with the
coordination mechanism and policies set by the NDRRMC and concerned
LDRRMCs.
SEC. 16. Declaration of State of Calamity. – The National Council shall

recommend to the President of the Philippines the declaration of a cluster
of barangays, municipalities, cities, provinces, and regions under a state of
calamity, and the lifting thereof, based on the criteria set by the National
Council. The President’s declaration may warrant international humanitarian
assistance as deemed necessary.
The declaration and lifting of the state of calamity may also be issued
by the local sanggunian, upon the recommendation of the LDRRMC, based
on the results of the damage assessment and needs analysis.
SEC. 17. Remedial Measures. – The declaration of a state of calamity

shall make mandatory the immediate undertaking of the following remedial
measures by the member-agencies concerned as defined in this Act:
(a) Imposition of price ceiling on basic necessities and prime

commodities by the President upon the recommendation of the implementing
agency as provided for under Republic Act No. 7581, otherwise known as
the “Price Act”, or the National Price Coordinating Council;
(b) Monitoring, prevention and control by the Local Price Coordination

Council of overpricing/profiteering and hoarding of prime commodities,
medicines and petroleum products:
(c) Programming/reprogramming of funds for the repair and safety

upgrading of public infrastructures and facilities; and
700
(d) Granting of no-interest loans by government financing or lending

institutions to the most affected section of the population through their
cooperatives or people’s organizations.
SEC. 18. Mechanism for International Humanitarian Assistance. – (a)

The importation and donation of food, clothing, medicine and equipment
for relief and recovery and other disaster management and recovery-related
supplies is hereby authorized in accordance with Section 105 of the Tariff and
Customs Code of the Philippines, as amended, and the prevailing provisions
of the General Appropriations Act covering national internal revenue taxes
and import duties of national and local government agencies; and
(b) Importations and donations under this section shall be considered

as importation by and/or donation to the NDRRMC, subject to the approval
of the Office of the President.
SEC. 19. Prohibited Acts. – Any person, group or corporation who

commits any of the following prohibited acts shall be held liable and be
subjected to the penalties as prescribed in Section 20 of this Act:
(a) Dereliction of duties which leads to destruction, loss of lives, critical

damage of facilities and misuse of funds;
(b) Preventing the entry and distribution of relief goods in disaster-

stricken areas, including appropriate technology, tools, equipment,
accessories, disaster teams/experts;
(c) Buying, for consumption or resale, from disaster relief agencies

any relief goods, equipment or other aid commodities which are intended
for distribution to disaster affected communities;
(d) Buying, for consumption or resale, from the recipient disaster

affected persons any relief goods, equipment or other aid commodities
received by them;
701
(e) Selling of relief goods, equipment or other aid commodities which

are intended for distribution to disaster victims;
(f) Forcibly seizing relief goods, equipment or other aid commodities

intended for or consigned to a specific group of victims or relief agency;
(g) Diverting or misdelivery of relief goods, equipment or other aid

commodities to persons other than the rightful recipient or consignee;
(h) Accepting, possessing, using or disposing relief goods, equipment

or other aid commodities not intended for nor consigned to him/her;
(i) Misrepresenting the source of relief goods, equipment or other aid

commodities by:
(1) Either covering, replacing or defacing the labels of the containers

to make it appear that the goods, equipment or other aid commodities came
from another agency or persons;
(2) Repacking the goods, equipment or other aid commodities into

containers with different markings to make it appear that the goods, came
from another agency or persons or was released upon the instance of a
particular agency or persons;
(3) Making false verbal claim that the goods, equipment or other aid
commodity in its untampered original containers actually came from another
agency or persons or was released upon the instance of a particular agency
or persons;
(j) Substituting or replacing relief goods, equipment or other aid

commodities with the same items or inferior/cheaper quality;
(k) Illegal solicitations by persons or organizations representing others

as defined in the standards and guidelines set by the NDRRMC;
702
(l) Deliberate use of false or inflated data in support of the request for
funding, relief goods, equipment or other aid commodities for emergency
assistance or livelihood projects; and
(m) Tampering with or stealing hazard monitoring and disaster

preparedness equipment and paraphernalia.
SEC. 20. Penal Clause. – Any individual, corporation, partnership,

association, or other juridical entity that commits any of the prohibited acts
provided for in Section 19 of this Act shall be prosecuted and upon conviction
shall suffer a fine of not less than Fifty thousand pesos (Php50,000.00) or
any amount not to exceed Five hundred thousand pesos(php500,000.00) or
imprisonment of not less than six (6) years and one (1) day or more than
twelve (12) years, or both, at the discretion of the court, including perpetual
disqualification from public office if the offender is a public officer, and
confiscation or forfeiture m favor of the government of the objects and the
instrumentalities used in committing any of herein prohibited acts.
If the offender is a corporation, partnership or association, or other

juridical entity, the penalty shall be imposed upon the officer or officers of
the corporation, partnership, association or entity responsible for the violation
without prejudice to the cancellation or revocation of these entities’ license
or accreditation issued to them by any licensing or accredited body of the
government. If such offender is an alien, he or she shall, in addition to the
penalties prescribed in this Act, be deported without further proceedings
after service of the sentence.
However, the prosecution for offenses set forth in Section19 of this Act
shall be without prejudice to any liability for violation of Republic Act No.
3185, as amended, otherwise known as the Revised Penal Code, and other
civil liabilities.
SEC. 21. Local Disaster Risk Reduction and Management Fund

(LDRRMF). – The present Local Calamity Fund shall henceforth be known
as the Local Disaster Risk Reduction and Management Fund (LDRRMF).
Not less than five percent (5%) of the estimated revenue from regular sources
703
shall be set aside as the LDRRMF to support disaster risk management

activities such as, but not limited to, pre-disaster preparedness programs
including training, purchasing life-saving rescue equipment, supplies and
medicines, for post-disaster activities, and for the payment of premiums on
calamity insurance. The LDRRMC shall monitor and evaluate the use and
disbursement of the LDRRMF based on the LDRRMP as incorporated in
the local development plans and annual work and financial plan. Upon the
recommendation of the LDRRMO and approval of the sanggunian concerned,
the LDRRMC may transfer the said fund to support disaster risk reduction
work of other LDRRMCs which are declared under state of calamity.
Of the amount appropriated for LDRRMF, thirty percent(30%) shall

be allocated as Quick Response Fund (QRF) or stand-by fund for relief and
recovery programs in order that situation and living conditions of people in
communities or areas stricken by disasters, calamities, epidemics, or complex
emergencies, may be normalized as quickly as possible.
Unexpended LDRRMF shall accrue to a special trust fund solely for the
purpose of supporting disaster risk reduction and management activities of
the LDRRMCs within the next five (5) years. Any such amount still not fully
utilized after five(5) years shall revert back to the general fund and will be
available for other social services to be identified by the local sanggunian.
SEC. 22. National Disaster Risk Reduction and Management Fund.

– (a) The present Calamity Fund appropriated under the annual General
Appropriations Act shall henceforth be known as the National Disaster
Risk Reduction and Management Fund (NDRRM Fund) and it shall be
used for disaster risk reduction or mitigation, prevention and preparedness
activities such as but not limited to training of personnel, procurement
of equipment, and capital expenditures. It can also be utilized for relief,
recovery, reconstruction and other work or services in connection with
natural or human-induced calamities which may occur during the budget
year or those that occurred in the past two (2)years from the budget year.
(b) The specific amount of the NDRRM Fund and the appropriate
recipient agencies and/or LGUs shall be determined upon approval of the
704
President of the Philippines in accordance with the favorable recommendation

of the NDRRMC.
(c) Of the amount appropriated for the NDRRM Fund, thirty percent
(30%) shall be allocated as Quick Response Fund(QRF) or stand-by fund for
relief and recovery programs in order that situation and living conditions of
people in communities or areas stricken by disasters, calamities, epidemics,
or complex emergencies, may be normalized as quickly as possible.
(d) All departments/agencies and LGUs that are allocated with DRRM
fund shall submit to the NDRRMC their monthly statements on the utilization
of DRRM funds and make an accounting thereof in accordance with existing
accounting and auditing rules.
(e) All departments, bureaus, offices and agencies of the government

are hereby authorized to use a portion of their appropriations to implement
projects designed to address DRRM activities in accordance with the
guidelines to be issued by the NDRRMC in coordination with the DBM.
SEC. 23. Funding of the OCD. – As lead agency to carryout the

provisions of this Act, the OCD shall be allocated a budget of One billion
pesos (Php l,000,000,000.00) revolving fund starting from the effectivity of
this Act.
SEC. 24. Annual Report. – The National Council, through the OCD,
shall submit to the Office of the President, the Senate and the House of
Representatives, within the first quarter of the succeeding year, an annual
report relating to the progress of the implementation of the NDRRMP.
SEC. 25. Implementing Rules and Regulations. – The NDRRMC,

through its Chairperson, shall issue the necessary rules and regulations for
the effective implementation of this Act within ninety (90) days after approval
of this Act. The OCD, in consultation with key stakeholders, shall take the
lead in the preparation of the implementing rules and regulations with the
active involvement of the technical management group of the NDRRMC.
705
SEC. 26. Congressional Oversight Committee. – There is hereby

created a Congressional Oversight Committee to monitor and oversee
the implementation of the provisions of this Act. The Committee shall be
composed of six (6) members from the Senate and six. (6) members from
the House of Representatives with the Chairpersons of the Committees
on National Defense and Security of both the Senate and the House of
Representatives as joint Chairpersons of this Committee. The five (5) other
members from each Chamber are to be designated by the Senate President
and the Speaker of the House of Representatives, respectively. The minority
shall been titled to pro rata representation but shall have at least two (2)
representatives from each Chamber.
SEC. 27. Sunset Review. – Within five (5) years after the effectivity
of this Act, or as the need arises, the Congressional Oversight Committee
shall conduct a sunset review. For purposes of this Act, the term “sunset
review” shall mean a systematic evaluation by the Congressional Oversight
Committee of the accomplishments and impact of this Act, as well as the
performance and organizational structure of its implementing agencies, for
purposes of determining remedial legislation.
SEC. 28. Repealing Clause. – Presidential Decree No.1566 and all

other laws, decrees, executive orders, proclamations and other executive
issuances which are inconsistent with or contrary to the provisions of this
Act are hereby amended or repealed accordingly.
SEC. 29. Separability Clause. – If any provision of this Act shall be

held unconstitutional or invalid, the other provisions not otherwise affected
days following its complete publication in the Official Gazette or in two (2)
national newspapers of general circulation.
706
Approved,

of Representatives
Bill No. 6985 was finally passed by the Senate and House of Representatives
on February 1, 2010.

Approved: May 27, 2010
707
708
DISASTER RESPONSE MANAGEMENT - EXECUTIVE ISSUANCES
PART II
DISASTER RESPONSE
MANAGEMENT
q Legal Issuances
ü
709
710
MALACAÑANG
Residence of the President of the Philippines
Manila
STRENGTHENING THE PHILIPPINE DISASTER CONTROL

CAPABILITY AND ESTABLISHING THE NATIONAL PROGRAM
ON COMMUNITY DISASTER PREPAREDNESS.
WHEREAS, the Filipino has always endured the hardships of a hostile

environment;
WHEREAS, he has continually sought survival against typhoons, floods,

earthquakes, epidemics, fires and other major calamities;
WHEREAS, the technological advances of the modern world have

ushered in more lethal weaponry, environmental pollution, huge aerial and
maritime disasters, and flash holocausts;
WHEREAS, there is an urgent need to direct, control, and coordinate

the entire manpower material, monetary and spiritual resources of the entire
Filipino nation in meeting major disasters that come our way;
WHEREAS, there is a need for a revitalized system to enhance the

survival capability and economic stability of our country supported by LOI
453 against all types of disasters whether natural or man made;
WHEREAS, there is cogent requirement for predisaster planning,

community disaster preparedness and positive, precise disaster control action
for rescue evacuation, relief and rehabilitation to insure the survival of every
Filipino in the New Society;

hereby decree and order;
711
SECTION 1. Declaration of Policy. – It is the policy of the State that:
a. Self reliance shall be developed by promoting and encouraging the

spirit of self help and mutual assistance among the local officials and their
constituents;
b. Each political and administrative subdivision of the country shall

utilize all available resources in the area before asking for assistance from
neighboring entities or higher authority;
c. The primary responsibility rests on the government agencies in the

affected areas in coordination with the people themselves;
d. It shall be the responsibility of all government departments, bureau,

agencies and instrumentalities to have documented plans of their emergency
functions and activities;
e. Planning and operation shall also be done on the barangay level in an

inter agency, multi-sectoral basis to optimize the utilization of resources;
f. On the absence of a duly constituted regional government, national

government offices at the regional level shall be led and operationally
controlled by the Regional Commissioner or b the official so designated b
the President;
g. Responsibility for leadership rests on the Provincial Governor, City

Mayor and Municipal Mayors (and Barangay Chairman), each according
to his area of responsibility;
h. When an emergency affects an area covering several towns and

cities, the city mayors and their personnel and facilities shall be placed under
the operational control of the Provincial Governor for the duration of the
emergency;
i. The national government exists to support the local governments. In

time of emergencies and according to their level of assignment, all national
712
government offices in the field shall support the operations of the local
government; and
j. To ensure that operational activities become automatic and second

nature to all concerned, exercises and periodic drills shall be conducted at
all levels, principally at the Barangays.
SEC. 2. National Disaster Coordinating Council. – There is hereby

created the National Disaster Coordinating Council to be composed of the
following:
Secretary, Department of National Defense - Chairman

Secretary, Secretary, Department of Public Works,
Transportation & Communication - Member
Secretary, Department of Social Services and
Development - “
Secretary, Department of Agriculture - “
Secretary, Department of Education and Culture - “
Secretary, Department of Finance - “
Secretary, Department of Labor - “
Secretary, Department of Justice - “
Secretary, Department of Trade - “
Secretary, Department of Local Government
and Community Development - “
Secretary, Department of Health - “
Secretary, Department of Natural Resources - “
Secretary, Department of Public Information - “
Commissioner, Budget Commission - “
Presidential Executive Assistant - “
Presidential Assistant on General Gov’ts - “
Chief of Staff, Armed Forces of the Philippines - “
Secretary-General, Philippine National Red Cross - “
Administrator, Office of Civil Defense - Member and
Executive
Officer
713
a. The Council shall advise the President on the status of preparedness

programs, disaster operations and rehabilitation efforts undertaken by the
government and private sectors; and
b. The Council, in discharging its functions, shall utilize the facilities

and services of the Office of Civil Defense in Camp Aguinaldo, Quezon
City.
SEC. 3. Organization at the Regional Level. – At the regional level, there

shall be constituted a Regional Disaster Coordinating Council with Regional
Commissioner or the official so designated by the President as Chairman.
The Council shall be composed of the executives of regional offices and
field stations at the regional level. The Council shall establish an operating
facility to be known as the Regional Disaster Operations Center.
SEC. 4. Organization of the Local Government Level. – The organization

for coordination or disaster and / or emergency operations in all local political
and administrative subdivisions are hereby prescribed as follows:
a. In Metropolitan Manila, there is hereby constituted a Metropolitan

Manila Disaster Coordinating Council. The Metropolitan Manila Governor
shall determine the composition of the Council and may designate an action
officer for disaster operations. The Council shall establish an operating
facility to be known as the Metropolitan Manila Disaster Operations
Center;
b. At the provincial level, there is hereby constituted the Provincial

Disaster Coordinating Council, with the Provincial Governor as Chairman.
The Provincial Superintendent of the Integrated National Police shall be
the Vice-Chairman and Action Officer of the Council. The Council shall
be further composed of all organic provincial officials as well as National
Officials assigned to the province. The Council shall establish an operating
facility to be known as the Provincial Disaster Operations Center; and
c. At the City/ Municipal level, there shall be constituted the City/

Municipal Disaster Coordinating Councils, with the City/ Municipal Mayor
714
as Chairman. The Station Commander of the Integrated National Police shall

be the Vice Chairman and Action Officer of the Council. The Council shall
be further composed of organic City/Municipal officials as well as National
Officials assigned to the City/ Municipality.
SEC. 5. Tasks. – The members of the Council shall have the following
tasks:
a. The Secretary of National Defense, as Chairman of the National

Disaster Coordinating
Council shall:
(1) Convene the Council as often as necessary to effectively

coordinate the national efforts on disaster preparedness emergency operations
and recovery and rehabilitation activities; and
(2) Call on all other departments, bureaus, agencies, instrumentalities

and corporations of the government and private sector for assistance in
preparing for, reacting to and recovering from the effects of disasters and
civil emergencies;
b. The Civil Defense Administrator, in addition to the functions of his

office as enumerated
in Letter of Instruction No. 19 dated 31 December 1971 shall:
(1) Coordinate the activities and functions of the various agencies

and instrumentalities of the National Government and private institutions
and civic organization to implement the policies set by the National Disaster
Coordinating Council relative to disaster management:
(2) Provide the secretariat services to the National Disaster

Coordinating Council;
(3) Prepare and disseminate disaster control manuals and other

publications related to measures on disaster prevention, control and
mitigation, and
715
(4) Advise the Chairman on matters concerning disaster

management;
c. The Secretary, Department of Local Government and Community

Development shall be responsible for overseeing the organization of disaster
coordinating councils and the establishment of operation centers of all local
governments;
d. The Secretary, Department of Labor shall be responsible for the

organization of disaster coordinating control groups in all factories and
industrial complexes, utilizing the existing safety committee therein;
e. The Secretary, Department of Social Services and Development shall

be responsible for the organization of disaster control groups and reaction
teams in all schools and institutions of learning;
f. The Secretary, Department of Trade shall be responsible for the

organization of disaster control groups and reaction teams in large building
used for commercial and recreational purposes;
g. The Secretary, Department of Social Services and Development shall

be responsible in the extension of emergency relief assistance and social
services to the victims which will immediately restore them to rehabilitation
and a life of normalcy;
h. All members of the National Disaster Coordinating Council shall

make available their personnel, facilities and expertise to effectively carry
out the function of the Council.
SEC. 6. Planning for Disaster Operations. – The following guidelines

shall be observed in all planning activities:
a. A National Disaster and Calamities Preparedness Plan shall be

prepared by the Office of Civil Defense for approval by the President;
716
b. The planning factors and guidelines for all national and governmental
entities shall conform to the approved Disaster and Calamities Preparedness
Plan;
c. All implementing plans shall be documented and copies thereof

furnished the National Disaster Coordinating Council through the Office
of Civil Defense within thirty (30) days from the effectivity of this Decree;
and
d. Implementing plans shall be revised and updated as necessary

and copies of the updated plan shall be furnished the National Disaster
Coordinating Council through the Office of Civil Defense.
SEC. 7. Rules and Regulations. – The Chairman, National Disaster

Coordinating Council, shall issue rules and regulations to implement this
Decree.
SEC. 8. Drills and Exercise. – Organizational and community drills

shall be conducted within sixty (60) days after the effectivity of this Decree,
and to be repeated periodically thereafter. Such drills and exercise shall be
supervised by the department or agency concerned
SEC. 9. Funding. – In addition to keeping a 2% reserve as provided for

in Presidential Decree No. 477, all local government units shall program
funds to be used for disaster preparedness which shall include among others,
the organization of Disaster Coordinating Councils, the establishment of
physical facilities, the equipping and training of disaster action teams.
SEC. 10. Repealing Clause. – All laws, decrees, orders or regulations

inconsistent herewith are hereby amended or repealed accordingly.
SEC. 11 Effectivity. – This Decree shall take effect upon approval.
717
Lord nineteen hundred and seventy-eight.

By the President:
(Sgd) JACOBO C. CLAVE

718
MALACAÑANG PALACE
Manila
CREATING A CIVILIAN EMERGENCY ADMINISTRATION, DEFINING

ITS POWERS AND DUTIES AND PROVIDING FOR THE
COORDINATION AND CONTROL OF CIVILIAN POPULATION
IN EXTRAORDINARY AND EMERGENCY CONDITIONS
WHEREAS, the Civilian Emergency Planning Board has recommended

immediate adoption of measures to control and coordinate civilian
participation in meeting grave emergencies; and
WHEREAS, it appears necessary and desirable that comprehensive rules

and regulations be issued to safeguard the integrity of the Philippines and
to insure the tranquillity of its inhabitants;
NOW, therefore, I, Manuel L. Quezon, President of the Philippines,

by virtue of the powers in me vested by Commonwealth Act Numbered
Six Hundred, do hereby create and constitute a Civilian Emergency
Administration, which shall function through and be administered by
the following officials and organizations and those that may hereafter be
designated:
1. The National Emergency Commission composed of the Secretary

of National Defense as chairman and a representative of each Executive
Department as members. This Commission shall, subject to approval of
the President, formulate and execute policies and plans for the protection
and welfare of the civil population of the Philippines in extraordinary and
emergency conditions. It shall have general supervision and control over
the officials and organizations as authorized herein, in so far as their duties
pertain to said Administration, and shall function through (1) The Manager,
Philippine Red Cross; (2) a Director of Publicity and Propaganda; (3) a Food
719
Administrator; (4) an Industrial Production Administrator; (6) a National Air

Raid Warden; (7) a Director of Communications and such other officials as
may be appointed by the President from time to time.
2. A Provincial Emergency Committee in each province composed

of the Provincial Governor, as chairman, and the Provincial Treasurer, the
Provincial Fiscal, the District Engineer, the Division Superintendent of
Schools, the Provincial Inspector of Constabulary, the District Health Officer,
and the Provincial Agricultural Supervisor, as members. This committee
shall have general supervision and control over the Municipal Emergency
Committees.
3. A Municipal Emergency Committee in each municipality or municipal

district composed of the Municipal Mayor, as chairman, and the Municipal
Treasurer, the ranking or Principal Teacher, the Chief of Police, the Sanitary
Officer, the Municipal Agricultural Inspector, and a representative of the
Municipal Council, as member. This Committee shall organize local units
for emergency purposes in accordance with and subject to the rules and
regulations to be prescribed by the National Emergency Commission. Such
local units shall consists of (1) a volunteer guard, (2) air raid protection, (3)
protection of utilities and industries, (4) food administration, (5) evacuation,
(6) public welfare and morale, (7) transportation and fuel administration, (8)
medical and sanitary, (9) publicity and propaganda and such other services
as may be authorized from time to time.
4. A City Emergency Committee in each chartered city, composed

of the City Mayor, as chairman, and the City Treasurer, the City Fiscal or
Attorney, the City Engineer, the City Health Officer, the Chief of the Fire
Department, and a representative of the Municipal Board, as members. This
Committee shall organize local units for emergency purposes as prescribed
for municipalities under paragraph (3) hereof.
5. For the purpose of carrying out the objectives of this Order,

the cooperation of all departments, bureaus, offices, agencies, and
instrumentalities of the Government is hereby enjoined and the whole-hearted
support of the inhabitants of the Philippines earnestly requested.
720
Done at the City of Baguio, this first day of April, in the year of Our
Lord, nineteen hundred and forty-one, and of the Commonwealth of the
Philippines, the sixth.
MANUEL L. QUEZON
By the President:
JORGE B. VARGAS
Secretary to the President
721
MALACAÑANG PALACE
Manila
PROMULGATING RULES AND REGULATIONS FOR THE

ORGANIZATION AND TRAINING OF VOLUNTEER GUARDS
Upon the recommendation of the National Emergency Commission, I,

Manuel L. Quezon, President of the Philippines, acting under and by virtue
of the powers in me vested by Commonwealth Act No. 600, do hereby
promulgate the following rules and regulations for the organization and
training of VOLUNTEER GUARDS:
1. The mayor of each chartered city, municipality or municipal district

shall organize a VOLUNTEER GUARD in his respective chartered city,
municipality or municipal district. The VOLUNTEER GUARD is empowered
to assist in the suppression of espionage and sabotage; in emergencies to
assist in the maintenance of peace and order; to safeguard public utilities,
bridges and manufacturing plants engaged in essential industries; to succor,
aid and assist the populace in emergencies caused by fire, flood, earthquake,
typhoon, epidemics, air raids or other forms of local or national disaster in
order that injury to persons and property may be prevented. The use of the
VOLUNTEER GUARD for any other purpose is prohibited.
2. The organization of the VOLUNTEER GUARD units shall be as

prescribed herein.
3. The training of the units of the VOLUNTEER GUARD shall be

conducted under the general supervision and direction of the Chief of
the Philippine Constabulary and in strict accordance with the program of
instruction to be prescribed by him.
722

is responsible for the training of the members of the VOLUNTEER GUARD
units organized within his respective chartered cit, municipality or municipal
district in accordance with the program of instruction prescribed by the Chief
of the Philippine Constabulary and for the discipline and proper performance
of duty by the members thereof.
5. The mayor of each chartered city, municipality or municipal district is

charged with the duty of, and is responsible for, the recruiting of an adequate
number of men to form at full strength the units of the VOLUNTEER
GUARD prescribed for his respective chartered city, municipality or
municipal district.
6. Enrollment in the VOLUNTEER GUARD shall be on a voluntary

basis.
7. (a) Any able-bodied Filipino or American citizen, except as noted in

(b) below, of not less than eighteen (18) years and not more than sixty (60)
years of age, is eligible for enrolment in the VOLUNTEER GUARD.
(b) The following persons are not eligible for enrolment in the
VOLUNTEER GUARD.
(1) Officers, warrant officers and enlisted men of the Philippine

Scouts.
(2) Officers, warrant officers and enlisted men of the regular force
and of the reserve forces carried on the rolls of reserve units of the Philippine
Army, including Officers and enlisted men of the Philippine Constabulary.
(3) Members of all regularly organized police forces in provinces,

chartered cities, municipalities and municipal districts.
(4) Members of all regularly organized fire departments in chartered

cities, municipalities and municipal districts
723
(5) Field employees of the Bureau of Health, including district health

officers, presidents of sanitary divisions, sanitary inspectors and assistant
sanitary inspectors.
(6) Employees of the Bureau of Posts.
(7) Field employees of the Weather Bureau.
(8) Personnel of the coast guard, revenue cutter and lighthouse

inspection services.
(9) Physicians, nurses and attendants regularly employed in

hospitals.
(10) Employees of public utilities, including employees of water

supply, electric and telephone systems, and railroad, bus and steamship
companies.
8. Members of the VOLUNTEER GUARD shall serve without

compensation. They shall, however, be entitled to free transportation
when such is required in the performance of their duties when called into
active service and to free subsistence during such period or periods of
active service. Such transportation and subsistence shall be paid for by the
chartered city, municipality or municipal district to which the active service
was rendered.
9. Enrollment in the VOLUNTEER GUARD shall be for a period of

two (2) ears from the date of such enrolment.
10. At the time of enrolment, each member of the VOLUNTEER

GUARD shall subscribe to the “oath of enrollment” and be given a physical
examination. The forms for the oath of enrolment and the recordation of
the results of the physical examination will be such as may be prescribed
by the Chief of the Philippine Constabulary.
11. In chartered cities and provincial capitals, the organization of the

VOLUNTEER GUARD shall be as follows:
724
(a) Police, traffic control and guard duty unit
This unit is charged with the duty, in the proper case, of assisting
the local police force and Constabulary, under the supervision of the Chief
of the Philippine Constabulary or his representative, in maintaining law
and order and controlling traffic during an emergency, and in safeguarding
from sabotage public utilities, bridges and manufacturing plants engaged
in essential industries. The strength of this unit will be based on the ratio
of twenty (20) men for every one thousand (1,000) inhabitants.
(b) First aid unit
This unit will be organized into first aid squads consisting of four
first aid attendants, one automobile and driver to transport attendants; one
ambulance with driver and two attendants, or a total of eight persons and
two vehicles. Where regular ambulances are not available, they should be
improvised from suitable motor or other vehicles available in the community.
One first aid squad will be organized and equipped for each 3,000 of
population or major fraction thereof.
(c) Rescue unit
The duty of this unit is to rescue persons trapped in fallen buildings and
in the debris from such buildings. As this work requires a special knowledge
of method of shoring up damaged walls and debris in order to prevent injury
to the persons being rescued and to members of rescue squads, only men
skilled in construction work or the building trades will be assigned to this
unit. This unit will be trained and supervised by the district or city engineers
or their representatives and will be organized into squads each consisting of
a leader and eight men. One such squad will be organized for each 5,000
population, or major fraction thereof. Tools and equipment for the use of
these squads will be provided by the local authorities.
(d) Fire fighting unit
This unit is charged with the duty of assisting existing fire fighting
forces in controlling and extinguishing fires, particularly those caused by
725
incendiary bombs. Where regular fire departments exists, these units shall be
trained and supervised by the chief of such fire department, otherwise they
shall be trained and led by retired firemen or by civilians who have received
special instruction in fire fighting methods. This unit should be organized
into local squads, each squad being centered, as a general rule near military
objectives such as railway stations, docks, factories and public buildings.
Particular attention must be paid to the organization and training of such
squads in all areas where buildings are constructed of highly inflammable
materials. Emergency supply stations containing sand, water, buckets and
shovels should be established liberally in each squad area. No definite guide
can be established for the number of these squads to be organized and trained
in each of the chartered cities and provincial capitals. This is a matter to
be determined by the local authorities based on local conditions. As to the
strength of each squad, it is suggested that they be composed of a leader and
fourteen (14) men.
(e) Demolition and repair unit
The duties of this unit are to clear streets of wreckage and debris, fill
bomb craters, assist in the repair of damaged water and gas mains, sewers
and electrical transmission lines, and to cooperate with the fire-fighting
unit if it becomes necessary to use explosives in the control of a fire. Only
men skilled in construction work, the handling and use of explosives, street
and highway repair or general utility repair and maintenance work will be
assigned to this unit. These units shall be organized and trained by and operate
under the direction of district and city engineers or their representatives.
The strength of these units, their division into squads and the number of
squads to be organized within a unit will be determined by district and city
engineers based on a consideration of the installations to be maintained in
each community.
(f) Decontamination unit
The duty of this unit is to decontaminate areas in which poisoned gas

has been released. This unit will be organized into squads each consisting
of a leader and six (6) men and trained and supervised by the local health
726
officer. One such squad will be organized for each 5,000 of population or
major portion thereof in each chartered cit or provincial capital.
12. In municipalities, other than provincial capitals, and in all municipal

districts, only the police, traffic control and guard duty, the first aid, and fire
fighting units need be organized unless otherwise directed by the Provincial
Emergency Committee of the province concerned.
13. The VOLUNTEER GUARD in each chartered city, municipality

or municipal district shall have complete units, or squads thereof, organized
in each district or barrio of such chartered city, municipality or municipal
district. In chartered cities, the units in each district shall be commanded by
a responsible city official to be designated by the mayor. In municipalities
or municipal districts, the units in each district or barrio shall be commanded
by a responsible person to be designated by the municipal mayor. City
officials and persons so designated shall have the rank of senior leader in
the VOLUNTEER GUARD.
14. For the purpose of control and enforcement of discipline, the mayors
of chartered cities, municipalities and municipal districts are authorized upon
the recommendation of the senior leaders concerned to appoint leaders and
assistant leaders from among the members of the VOLUNTEER GUARD
on the basis of one leader for each seventeen (17) members and one assistant
leader for each eight (8) members, except that in the case of rescue squads
the squad chief shall have the rank of leader.

shall cause to be kept in his office a complete list, showing the name, rank,
age, address, occupation, assignment to unit and kind of duty actually
performed by each member of the VOLUNTEER GUARD in his respective
chartered city, municipality or municipal district. In case any member of the
VOLUNTEER GUARD is injured or killed while performing active duty, a
complete report covering the cause, nature and extent of the injury or cause
of death and the affidavits of witnesses thereto will be made and forwarded
to the Chief of the Philippine Constabulary who will retain such record in
a special file as an official government record of the injury or death.
727
16. Members of the VOLUNTEER GUARD shall receive a minimum

of 1 ½ hours of instruction each week. This instruction will be given at such
hours as will not interfere with the member’s ordinary vocation and may be
given in one period of 1 ½ hours or in two periods of not less than forty-five
(45) minutes.
17. Members of the VOLUNTEER GUARD assigned to the police,

traffic control and guard duty units will be armed and equipped as
follows:
(a) Those assigned o police and traffic control duty with night sticks
and police whistles.
(b) Those assigned to guard duty protecting public utilities, bridges,

and manufacturing plants engaged in essential industries shall be furnished
police whistles and be armed with revolvers or shotguns in accordance with
the availability of such weapons as decided by the Chief of the Philippine
Constabulary.
All members of the police, traffic control and guard duty units shall
be furnished a distinctive arm band and badge of a design approved by the
Chief of the Philippine Constabulary.
18. Members of the first aid units will be provided with a white arm
band on which is superimposed a red cross.
19. The VOLUNTEER GUARD units in municipalities and municipal

districts may be called to active duty only by provincial governors and in
chartered cities only by the mayor thereof. However, when an emergency
caused by war, sabotage, fire, flood, earthquake, typhoon, or air raid is
imminent, mayors of municipalities and municipal districts are authorized
to call to active duty the VOLUNTEER GUARD units in their respective
municipalities or municipal districts the instant such emergency occurs.
Whenever the mayor of a municipality or municipal district exercises such
authority he shall, in each instance, render, without delay, a report of his
action to the provincial governor stating his reason for exercising such
authority.
728
Done at the City of Baguio, this sixteenth day of April in the year of
Our Lord, nineteen hundred and forty-one and of the Commonwealth of the
Philippines, the sixth.
MANUEL L. QUEZON
By the President:
JORGE B. VARGAS
Secretary to the President
729
MALACAÑANG
Manila
REQUIRING ALL DEPARTMENTS, BUREAUS, OFFICES, AGENCIES,

INTRUMENTALITIES AND POLITICAL SUBDIVISIONS OF THE
GOVERNMENT, INCLUDING CORPORATIONS OWNED OR
CONTROLLED BY THE GOVERNMENT, THE ARMED FORCES,
GOVERNMENT HOSPITALS, AND PUBLIC EDUCATIONAL
INSTITUTIONS, TO ESTABLISH THEIR RESPECTIVE DISASTER
CONTROL ORGANIZATION.
WHEREAS, the Philippines is within the so-called circum-Pacific

belt subject to constant natural calamities like earthquakes, typhoons, and
volcanic eruptions;
WHEREAS, no less than the government itself should set the example
in protecting its workers from such disasters, to which may be added fires
of all causes, floods and epidemics;
WHEREAS, the best protection is an educated approach to the problem

by constant vigilance and systematic planning and action in the face of
impending and actual calamities; and
WHEREAS, a plan of action and effective implementation thereof through

coordination by a central body within an agency is deemed vital to avoid
loss of lives, limbs and property during the occurrence of said calamities.

Philippines, by virtue of the powers vested in me by law, do hereby order
all heads of departments, bureaus, offices, agencies, instrumentalities and
political subdivisions of the Government, including all corporations owned or
730
controlled by the Government, the Armed Forces, government hospitals and

public educational institutions to establish their respective disaster control
organization.
The National Civil Defense Administration is hereby designated as the

national coordinator to implement this order and should report to this Office
the degree of preparedness of the different departments, bureaus, offices,
instrumentalities and political subdivisions referred to above, after their
respective disaster control organization or units have been fully organized
within a reasonable time.
The National Civil Defense Administration shall circularize

immediately to all the government offices above-mentioned for their
guidance a disaster control pamphlet which include therein a typical disaster
control organizational chart, a statement of functions and responsibilities, a
checklist for warning, fire protection, records and property survival, mutual
aid procedures and other related matters.
The Secretary of Education is hereby directed to issue a circular to

all private educational institutions to effect the establishment of a disaster
control organization or unit in every such school. Likewise, the Secretary of
Health shall issue similar circular to all private-owned or operated hospitals
and the Secretary of Labor for all workplaces under his jurisdiction.
The establishment of disaster control organization shall be given

preferential attention by every head of the departments and agencies
aforementioned, who shall make available such funds and other assistance
as it may need to carry out effectively its humanitarian mission.
Until the disaster control organizations herein required are completely

organized, all government offices concerned shall submit monthly report on
the progress of said organization.
731
Done in the City of Manila, this 26th day of November, in the year of
our Lord, nineteen hundred and sixty-eight.

By the President:
(SGD.) RAFAEL M. SALAS

Executive Secretary
732
MALACAÑANG
RESIDENCE OF THE PRESIDENT OF THE PHILIPPINES
Manila
PROVIDING FOR COMPENSATORY BENEFITS TO DISASTER

VOLUNTEER WORKERS ENGAGED IN EMERGENCY
OPERATIONS
WHEREAS, it is the policy of the state to develop and promote self-

reliance by encouraging the spirit of self-help and mutual assistance among
the local officials and their constituents;
WHEREAS, there is an urgent need to enhance the people’s participation

in emergency operations of the government as the state alone with its meagre
resources can hardly be expected to achieve desire results;
WHEREAS, to achieve this end, the state shall encourage the participation
of the people in government’s disaster control operations through their
voluntary involvement in the activities of the disaster coordinating council
particularly during disaster or emergency operations;
WHEREAS, the people’s voluntary involvement in this government

undertaking can only be achieved and made truly effective by making them
aware of their responsibilities and as supportive groups to the existing disaster
organization of the community, and providing them compensatory benefits
for injuries or death sustained while in the performance of work in disaster
operations.

Republic of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and obtain:
733
Article 1
DEFINITION OF TERMS
SECTION 1. Definition of terms. – When used in this Executive Order,

the term:
a. “Disaster Volunteer Worker’’ hereinafter referred to as the DVW

refers to a duly accredited member of any of the task units of a local disaster
coordinating council .
b. “Local Disaster Coordinating Council’’ refers to a group of persons

at the provincial, municipal, or barangay level, duly organized pursuant to
PD 1566.
c. “Disaster Operations’’ means any effort by one or more agencies,

government and/or otherwise, to provide emergency assistance in relief to
persons who are victims of a disaster or calamity. Specific aid and assistance
that may be provided in disaster operations include, among others: issuance
of medical supplies and equipment and emergency medical treatment; food,
water and shelter, rescue and fire fighting services; police protection; route
clearance and traffic control; prevention of panic, communications and
restoration of facilities.
d. “Legal Dependents’’, “total and permanent disability’’, and

“permanent partial disability’’ refer to the definition as provided for in the
Workers Compensation Act, as amended.
Article 2
COMPENSATORY BENEFITS
SEC. 2. Compensatory Benefits. – The following compensatory benefits

shall be paid to a disaster volunteer worker or his legal dependents in the
amounts as herein specified:
a. For death resulting in the performance of work in disaster

operations—Five Thousand Pesos (P5,000.00) or in the current rate of the
GSIS or SSS law, whichever is higher.
734
b. For injury resulting in total and permanent disability—Five Thousand

Pesos (P5,000.00).
c. For injury resulting in permanent partial disability—Three Thousand

Pesos (P3,000.00).
d. For injury requiring for hospitalization for more than fifteen (15)
days—Two Thousand Pesos (P2,000.00).
e. For injury requiring hospitalization for more than five (5) days but
not more than fifteen (15) days—One Thousand Pesos (P1,000.00).
f. For injury requiring hospitalization for more than one day but not
more than five (5) days—Three Hundred Pesos (P300.00).
SEC. 3. Free Medical Care. – In addition to the compensatory benefits

provided for in the foregoing section, the disaster volunteer worker who
suffers injury while in the performance of his duties as such shall be entitled
to a free medical care in any government hospital or institution.
SEC. 4. The Local DCC. – The local government through its disaster
coordinating council shall serve the principal body to hear and decide all
claims for compensatory benefits under this Executive Order. For this
purpose, the DCC shall be governed by the rules and regulations issued
by the Ministry of Local Government to implement the provisions of this
Executive Order.
Article 3
PROCEDURE FOR CLAIMS OF COMPENSATION
SEC. 5. Notice of the injury and claim for compensation. – No

compensatory benefits under this Executive order shall be paid unless the
local government through the Disaster Coordinating Council has been
given notice of the injury as soon as possible after the same is received or
contracted, verified and attested to by the rural health doctor of the area, and
unless a claim for compensation is made not later than two (2) weeks after
735
the date of the injury of death, regardless of whether or not the compensation
is claimed by the DVW himself.
SEC. 6. Form of notice and claim. – The notice and claim shall be in
writing and notice shall contain: the name and address of the DVW; the
name of the disaster coordinating council and the particular task unit where
he/she belongs and the time, place, nature and cause of the injury or death
signed by the DVW or any person in his behalf.
SEC. 7. Delivery of notice and claim. – The notice provided for in this
Executive Order shall be served on the Chairman of the Disaster Coordinating
Council or his representative through the leader of the task unit where the
DVW is assigned. The notice shall be served by the personal delivery or
courier to the official address of the DDC.
SEC. 8. Sufficient notice. – Any notice given in accordance with the

provisions of section 6 of this Executive order shall not be considered invalid
or insufficient by reason of the incorrectness in the statement of time, place,
nature or cause of the injury or death, unless it will be shown that the Local
DCC has been actually misinformed respecting the injury. Failure to or delay
in giving notice shall not be a bar to the proceeding provided here in for, if
it is shown that any of the members of DCC concerned had known ledge of
the accident.
SEC. 9. Roster of RVW. – The provincial, city or municipal government

through their respective DCC shall maintain a roster of DVW in their locality,
copied of which shall be furnished to the nearest local Civil Defence Office
and the OCD main office at Camp General Emilio Aguinaldo, Quezon City
for verification and accreditation purposes.
SEC. 10. Source of Fund. – The payment of compensatory benefits for

DVW as herein specified shall be chargeable against the national calamity
fund subject to the provisions of the current General Appropriations Act,
executive orders or other legislations that may hereinafter be issued for the
purpose. For this purpose, an initial amount of P1M shall be released to
the MLG at the start of the fiscal year to be replenished whenever the need
736
arises. All unobligated balances shall revert to the general fund at the end
of each year.
SEC. 11. Procedure for fund release. – To effectuate the provisions of the
preceding section, the provincial, city or municipal government, as the case
may be, shall enact a supplemental budget in the same manner as provided
for in PD 477 and subject to the limitations provided for in Sections 28 and
44 of the said Decree.
SEC. 12. Rules and Regulations. – The ministry of local Government

shall issue the rules and regulations to implement this Executive Order.
SEC. 13. Separability Clause. – If, for any reason or reasons, any part
or provisions of this Executive Order shall be held to be unconstitutional or
invalid, other part or provisions hereof which are not affected thereby shall
continue to be in full force and effect.
SEC. 14. Repealing Clause. – Except as otherwise provided herein,

all laws, acts, decrees, executive orders, proclamations and administrative
regulations, or part or parts thereof which are consistent with this Executive
Order are hereby repealed or modified accordingly.
SEC. 15. Effectivity Clause. – Unless otherwise specifically provided

herein, this Executive Order shall take effect upon its publication in a
newspaper of general circulation in the Philippines.
Done in the City of Manila, this 23rd day of April, in the year of Our
Lord, Nineteen Hundred and Eighty-Four.

By the President:
(Sgd.) JUAN C. TUVERA

737
MALACAÑANG
Manila
ADOPTING THE STRATEGIC NATIONAL ACTION PLAN (SNAP)

ON DISASTER RISK REDUCTION (DRR), 2009 – 2019 AND
INSTITUTIONALIZING DRR
WHEREAS, The Philippines is exposed to various types of hazards such

as typhoons, floods landslides, volcanic eruptions and earthquakes;
WHEREAS, the adverse impacts from climate variability and change

including extreme events has not spared the Philippines;
WHEREAS, the estimated direct economic losses to the country have

exceeded PHP28 billion annual average from 1990 to 2008 or reaching up to
as high as 0.7% of the gross domestic product, on top of the losses in lives,
to the social and environmental assets of communities;
WHEREAS, there is a need to reduce these losses and causative

vulnerability as the country undergoes economic growth, population increase,
and rapid urbanization;
WHEREAS, the Philippines has committed to work toward the goal of

building communities resilient to natural disaster through active engagement
with stakeholders;
WHEREAS, the country’s institutions and organizations involved

in disaster management, both public and private, have shifted gradually
from relief and response orientation to one disaster preparedness and
mitigation;
WHEREAS, it is necessary to sustain the gains from the positive effects

and lessons learned from disaster risk reduction (DRR) initiatives by different
stakeholders;
738
WHEREAS, the Philippines adopted the Hyogo Framework for Action

2005-2015, which is a global blueprint for DRR;
WHEREAS, the Philippines needs to systematically address and sustain

the implementation of DRR projects;
WHEREAS, DRR is consistent with sustainables development and

supports the United Nations Millennium Development Goals specially the
environment and poverty reduction objectives;
WHEREAS, the Strategic National Action Plan (SNAP) for Disaster

Risk Reduction 2009-2019, which was formulated through an inclusive and
participatory process involving government, non-governmental organizations
(NGOs), civil society organizations, professional associations, private sector,
academe and the scientists responds to the national challenge “to have a
master plan for disaster mitigation” and serves as “a road map” for the next
ten years;
WHEREAS, current level of government expenditure for DRR is

practically equivalent to the annual economic losses and only half of the
amount encompasses some objectives of the SNAP priority programs and
projects;
NOW, THEREFORE, I, GLORIA MACAPAGAL – ARROYO,

President of the Republic of the Philippines, by virtue of the power vested
in me by law, do hereby order:
SECTION 1. Adoption of the Strategic National Action Plan (SNAP).

– The SNAP and its 18 priority programs/projects (P/Ps). Listed below
are hereby adopted. All agencies of primary responsibility are instructed to
partner with other institutions where deemed appropriate.
739
P/P Program/Project Agency of Primary

No. Responsibility (APR)
1 Disaster Risk Management (DRM) Act Office of the Civil Defense
2 Multi-stakeholder Dialogues on Disaster
Risk Reduction Office of the Civil Defense
3 Institutionalization of Disaster Department of Interior
Management Office (DMO) and Local Government
4 Enhancing Capacity Development for Department of Interior
Local Disaster Coordinating Councils and Local Government
(LDCCs)
5 Mainstreaming DRR into the Peace Process Armed Forces of the
Philippines and Office
of the Presidential Adviser
on Peace Process
6 Mainstreaming DRR in Various Government National Economic
Plans and Programs Development Authority
7 Public-Private Partnership (PPP) Office of Civil Defense
8 Resource Mobilization Department of Budget
and Management
9 Information and Database Generation Office of Civil Defense
and Department of
Science and Technology
10 Knowledge Management Department of Science
and Technology and
Department Environment
and Natural Resources
11 Supporting DRR: Mainstreaming Office of Civil Defense
through Sectoral Approach
12 Preparedness for Effective Disaster Response Office of Civil Defense
13 Information Education and Philippine Information
Communication (IEC) Campaign Agency
14 Institutional and Technical Capacity Building Office of Civil Defense
15 Education and Research For Education : Department
of Education and Commission
on Higher Education For
Research:Department of
Science and Technology
16 Forecasting and Early Warning Department of Science
and Technology
17 Risk Evaluation Department of Interior
and Local Government
18 Development of Tools for Assessment and National Economic
Monitoring of DRR Measures Development Authority
740
SEC.2. Institutionalizing Disaster Risk Reduction. – All government

agencies and government owned and controlled corporations (GOCCs) are
hereby enjoined to systematically institutionalize DRR by:
1. Integrating DRR into policies, plan and programs;
2. Incorporation of DRR programs, projects and activities (PPAs) into

their budgets through the explicit recognition of budget lines for PPAs that
are appropriate for mitigation and preparedness;
3. Participation in the 18 priority projects and programs of the SNAP,

and;
4. Cooperation with national/international NGOs and the private sector

towards safer and more resilient communities.
Local government units (LGUs) are likewise encouraged to integrate

disaster risk reduction in their day-to-day operations and planning.
SEC. 3. Implementation of SNAP. – The Office of Civil Defense (OCD)

as the Secretariat and Executive Arm of the National Disaster Coordinating
Council (NDCC) shall oversee the implementation of SNAP and coordinate
with the Agencies of Primary Responsibility (APRs). All APRs and relevant
partners of the 18 priority programs and projects shall form Working Groups
which shall be responsible for achieving the strategic objectives of the
SNAP.
SEC. 4. Task of the APRs. – The APRs are tasked to : (1) refine the
individual SNAP program and project profiles; (2) develop respective work
programmes per program and project (3) identify funding gaps relevant to
the program/project; (4) seek ways and means on mobilizing resources in
order to implement the program/project; (5) facilitate into a Working Group
and appoint co-APRs in order to increase the Working Group’s reach in a
speedy way.
741
SEC. 5. National Platform on Disaster Risk Reduction. – In addition to

its current function, the NDCC is hereby designated as the national platform
in DRR that will provide the national mechanisms for multi-stakeholder and
multi-sectoral consultation and coordination on the continuous development
and implementation of policies, plans, and programs on DRR. The NDCC
shall broaden the consultation process to tackle themes such as linkages of
climate change adaptation and disaster risk reduction through the multi-
stakeholder dialogue which should be held once a year.
SEC. 6. Dissemination and Monitoring of the SNAP. – To involve

as many stakeholders as possible regarding the SNAP, all government
departments and corporations are instructed to inform all their staff about
SNAP and their particular roles in DRR. The NDCC is instructed to
disseminate information on the SNAP, through the OCD specifically to the
local disaster coordinating councils and to prepare an annual report to the
President on the progress of SNAP implementation.
S EC . 7. Effectivity. – This Executive Order shall take effect

immediately.
Done in the City of Manila, this 7th day of June, in the year of our Lord,
Two thousand and Ten.
(Sgd.) GLORIA MACAPAGAL-ARROYO

(Sgd.) LEANDRO R. MENDOZA

Executive Secretary
742
ADMINISTRATIVE ORDER NO. 151
C R E AT I N G A N AT I O N A L C O M M I T T E E O N D I S A S T E R
OPERATIONS
In order to insure effective coordination of operations of the different

agencies during disasters caused by typhoons, floods, fires, earth quakes,
seismic sea waves (tidal waves), volcanic eruptions, epidemics, major
accidents and other similar calamities, National Committee on Disaster
Operations is hereby created to be composed of the following:
The Executive Secretary ...................................... Chairman

The Secretary of Social Welfare .......................... Vice-Chairman
The Secretary of National Defense ...................... Member
The Secretary of Health ....................................... Member
The Secretary of Public Works
and Communications ...................................... Member
The Secretary of Agriculture and
Natural Resources ........................................... Member
The Secretary of Commerce & Industry .............. Member
The Secretary of Education ................................. Member
The Commissioner of the Budget ........................ Member
The Secretary of Community Development ........ Member
The Secretary-General, Philippine
National Red Cross ......................................... Member
The National Civil Defense Administrator .......... Member
Likewise, there shall be designated a National Coordinator to implement

the policies, rules and regulations promulgated by the Committee under this
Order. He shall be assisted by personnel to be detailed from the implementing
agencies of the Committee, to compose the Plans and Operations and the
Administrative staffs.
Salaries and other expenses of the personnel detailed by various offices

or agencies in accordance with the foregoing provision shall continue to be
for the account of their respective offices.
743
The Committee is hereby authorized to create committees on the

provincial, city and municipal levels, which shall function as sub-committees
in accordance with the policies set forth under this Order.
I. – DUTIES AND FUNCTIONS
The duties and functions of the Committee shall be as follows:
1. To provide policy guidance on disaster operations which shall

include:
a. preparedness program
b. rescue
c. relief
d. rehabilitation
2. To determine and evaluate the requirements for major disaster

and submit recommendations to the President for the allocation of critical
resources.
3. To advise the President on the necessity of declaring the existence

of a state of emergency in areas affected by disasters.
Disaster operations require immediate action to save lives, alleviate

sufferings, prevent epidemics, protect rights, maintain law and order, and
develop among the victims an attitude of self-reliance and fortitude.
II. – AUTHORITY TO CALL UPON OTHER AGENCIES
The Committee is hereby authorized to call upon officials of any

department, bureau, office, agency or instrumentality of the government,
including government-owned or controlled corporations, as well as to
request or appeal to non-governmental agencies, for such assistance as may
be required in the discharge of its duties and functions.
744
III. – RULES AND REGULATIONS
The Committee is hereby authorized to adopt or promulgate such rules

and regulations or working procedures and organizational set-up as may be
necessary to carry out the intent and purposes of this Order.
IV. – REPORTS
The Committee shall render to the President initial and progress reports,
and at the completion of each major disaster operation, a final report thereon.
At the end of each Fiscal year, an annual report shall be submitted by the
Committee to the President to include recommendations for necessary
appropriations to support disaster operations as contemplated herein.
V. – REPEALING CLAUSE
This Order supersedes Administrative Order No. 21 dated August 30,

1962 and all orders, rules and regulations inconsistent herewith.
Done in the City of Manila, this 2nd day of December, in the year of
Our Lord, nineteen hundred and sixty-eight.

By the President:
(Sgd.) RAFAEL M. SALAS

Executive Secretary
745
INDEX
INDEX
A adjustment, child’s 167, 248, 601

administration 695, 719
abandonment 18, 164, 205, 247, 255, hospital 75, 83
263, 438-440, 514, 522-526, 529 of juvenile justice 398, 403-407, 409
absence vi, 19, 58, 108, 263, 353, 413, administrator 664-667, 669-670, 690,
415-416, 423, 489, 499, 535, 551-552, 715-716
558-559, 568 adoptee 248-250, 252-256
abuse iii, ix, xiii, xviii, xx, 107, 109, adopter 247-248, 250-256, 258, 315,
122-131, 143, 161, 163, 169, 204-205, 491, 494-495, 599
247, 256, 308-309, 350-351, 354, 364- prospective 162, 166, 248-249, 253,
368, 373-374, 380-381, 258, 517
398, 437, 529, 581, 603-604, adopting parents 160, 167, 492,
637-638, 640, 645, 649 494-495, 527, 601
acts of 125, 130-131 prospective 492, 517, 601
of authority 309 adoption i, xi-xii, xiv-xv, 3, 18-19,
accreditation 110, 162, 281, 294, 300, 128, 159-170, 203, 205, 245-258, 310,
317, 392-394, 410, 502, 698, 703 312, 436-438, 440-442, 490-495,
accredited agency 160-161, 165, 167, 501, 515, 524-525, 527, 549,
248 599-601
accredited community disaster volunteers intercountry xi, xv, 159, 162-163,
(ACDVs) 692, 695, 697- 246-247, 258
698 inter-country 159-164, 167-168, 312,
accredited inter-country adoption 436, 442
agency 167-168 cases 205, 254, 493
ACDVs (accredited community disaster services 161, 163
volunteers) 692, 695, 697-698 pre-adoption services 248-249
action officer 714-715 adoptive
acts 13, 25, 42-43, 123-125, 126-131, agencies 161-162
135-136, 168-169, 199, 204, 256-258, parents 161, 163, 167, 438
310-314, 316, 351, 358, 364-370, 375- prospective 162, 166, 248-249
378, 380, 382, 402, 445-449, 452-455, advertisement 126, 132, 335-337,
457, 499, 526, 535, 538-539, 564, 569, 356, 508
701-703 monitoring of 213, 508
child’s 414 advisory committee 211-214
of trafficking in persons 310-312, 316, Advisory Committee on Newborn
319 Screening 391, 393, 395
personal 555 advisory council 182
prohibited 382, 431, 526, 701-703 AFP (Armed Forces of the Philippines)
134, 667, 685, 694
747
after-care support services for children arresto mayor 133, 138, 369, 455
in conflict 430 association
age iv, x, xv-xvi, 15-22, 27, 29, 34, parents-teachers community 282,
36, 42-43, 49, 64-68, 77-79, 108, 112, 302, 503
117-118, 123, 126-127, 130-131, 136, youth 509
143, 152, 160, 165-166, 173, 196-197, Association of Barangay Captains
202-203, 247, 249-253, 255, 263, 278- (ABC) 286, 694
280, 308, 331-333, 335-338, asylum 3-4, 19
351-353, 366, 392, 398-399, authority of person 524
405-406, 413-415, 419, 423-424, 430, awareness program 472
433-434, 437, 460-461, 466-467,
479-480, 484, 487, 489, 492, 497, B
501, 508, 511-512, 515, 534-537,
543-544, 547, 552, 556, 563-565, 572, Barangay Council for the Protection of
582-583, 586-587, 597, 600, 605, 609, Children (BCPC) 287, 413, 415-
621-622, 640 417, 638
agencies 189-191, 321, 384, 406-411 Barangay Councils 287, 413, 506-
489, 501, 506, 514-515, 518, 520, 531, 507, 638
535-536, 541, 604-606 Barangay Development Councils
adoption 163, 168 (BDCs) 693, 698-699
child-care 161-162, 170, 206, 258- Barangay Disaster Coordinating
259, 441 Councils 693
child-centered 430 Barangay Disaster Risk Reduction and
child-placing 206, 248, 258-259, Management Committee (BDRRMCs)
438-439, 441, 515, 524 695, 698-699
disaster relief 701 Barangay ECCD Coordinating
international 605, 608 Committees 283, 287
youth-serving 183 Barangay Human Rights Action Center
AIDSWATCH program 230-232 (BHRAC) 451
alien 41, 164, 250, 253, 491, 599- barangay protection order (BPO) 370,
601, 703 372, 375, 377-378
children of 41 governance of 296
anti-trafficking in persons Act 354, basic social institution 574-575
356 basic social services 133-134
appropriating funds iv, vi-xii, xiv, 29, battered woman syndrome 366, 379
58, 82, 85, 105, 107, 152, 172, 201, BCPC (Barangay Council for the
261, 397 Protection of Children) 287, 413,
armed conflict, children in 124, 130, 415-417, 638
134-136, 354, 400 BDCs (Barangay Development
Armed Forces or the Philippines (AFP) Councils) 693, 698-699
134, 667, 685, 694 BDRRMCs (Barangay Disaster
arrangements, substitute parental Risk Reduction and Management
501, 575 Committee) 695, 698-699
748
INDEX
BFAD (Bureau of Food and Drugs) Bureau of Physical Education and

186-189, 191, 226, 271-273, 275, School Sports (BPESS) 303
592 Bureau of Public Schools 99, 105-
BHRAC (Barangay Human Rights 106
Action Center) 451
BI (Bureau of Immigration) 225, 318, C
320, 603
biological parent 246-250, 252-255, calamities xxi, 124, 504, 520, 657,
257, 390, 439 659, 663, 687, 689, 700, 704-705,
birth attendants, traditional 119, 390, 711,730, 743
470 man-made 146
birth, simulated 128, 248, 257-258, natural 730
548 public 657, 659
birth certificates 16, 71, 254, 256-257, capacities 165, 247, 485, 547, 556,
405, 440 647, 674-679, 683, 697
BJMP (Bureau of Jail Management and capital outlay x, 154-157, 204
Penology) 406, 433, 609, 653 care iii-iv, 3, 9-10, 13,18-21, 25-27,
Board of Dental Hygiene i, 5 34, 36-37, 108-110, 123-124, 222,
bottlefeeding 116, 119, 465, 472, 229, 231, 246-247, 250, 263-266, 278-
588, 590 279, 288, 351, 381,392, 398, 402,427,
BPESS (Bureau of Physical Education 438, 484-485, 487, 490-493, 497-
and School Sports) 303 498,501-502, 506, 514-518, 520-522,
breastfeeding ix, xv, 115-120, 463- 524-527, 533-536, 552, 563-565, 569,
468, 471-472, 585, 588-591, 606, 575, 599, 601, 603
697 child 161, 170, 279, 501, 579, 586
education 471 children’s 108
programs 470-471 infant 119-120, 470
support groups 470 institutional 205, 398, 421, 427, 501,
breastmilk 116-119, 464-465, 467- 531-533
469, 586 intensive 392, 423, 468
substitutes xvii, 117, 465-466, 469, media-based child 280
585-590 workers 110, 279, 287
Bright Child Program xviii, 605-608 care centers xviii-ix, 107-110, 128,
Bureau of Dependent Children 615, 618-620
ii, 9-13 care of children 13, 109
Bureau of Food and Drugs (BFAD) 186- care of youthful offender 535, 568
189, 191, 226, 271-273, 275, 592 care programs, comprehensive health
Bureau of Health 47, 55, 61, 724 266
Bureau of Immigration (BI) 225, 318, care services 229, 279
320, 603 after 430, 610
Bureau of Jail Management and Penology denied health 233
(BJMP) 406, 433, 609, 653 residential 248, 438
749
CARE-UNICEF National Committee- barangay 109, 137, 358, 712

Assisted Child Feeding Program ex-officio 85, 162
90 chartered cities 10, 21, 23-24, 38-39,
career 283, 297, 303, 498, 583 47, 427, 536, 616, 668, 720, 722-724,
caregivers 278, 605 726-728
primary 277-278, 280 CHED (Commission on Higher
volunteer 279 Education) 150, 223-224, 235, 262,
case study 252-253, 490, 492, 601 264-266, 321, 457, 471, 475, 685,
social 501, 564, 569 699, 740
CBOs (community-based child 263, 368, 371
organizations) 677 abandoned 159, 247, 437, 484, 521
CDA (Cooperative Development abuse ix, xiii, xx, 122-125, 129, 143,
Authority) 189 204, 325, 350-351, 529, 581, 604,
CDP (Comprehensive Development 638
Plan) 690 abused 18, 528
CEDAW (Convention on the Elimination adopted 166, 246, 489, 494-495
of Discrimination Against Women) adoptive 160, 162
445, 464 committed 247-248, 438, 441, 533
centers vii, 85, 110, 280, 300, 317, common 364-366
330, 402, 423, 429, 520, 531, 535, 538, conceived 487, 547, 555
568, 572, 575, 697 dependent 521-522
child minding 279, 288, 619 girl 640-641
day care xvii, 108, 110, 128, 507, 615, health v, 47, 117, 466, 612, 616
618-620 illegitimate 361-362, 491, 554
evacuation 697 labor xiii, xx, 350-351, 354, 358-359,
health 279, 331, 390, 519 479, 607, 649-651
learning 293-294, 299-300, 304-305, institutes 359
465-466 worst forms of xiii, xx, 350, 354,
medical 266 649-651
newborn screening 393-394, laborers 649
puericulture 47-49, 116, 390, 465, neglected 437, 490, 521, 525, 527
519 placement agencies 206, 524
rape crisis 240-1, 243 placement agency 492-495, 501, 517,
certificates, educational 65, 71 521-528, 531-533, 600-601
certification xiv, 39, 157, 225, 250, licensed 600-601
295, 394, 436-442, 473 prostitute xvii, 126, 596
CFO (Commission on Filipinos prostitution 125-127, 130-131, 596
Overseas) 319 rights 410, 604
chairman 5, 89, 96-97, 136, 175-176, education 607
182, 212, 539, 571-572, 582-583, 593- survival 125, 278, 624, 629
594, 603, 659, 667, 713-717, 719-720, trafficking 125, 127-128, 130-131,
736, 743 169, 257
750
INDEX
victim 138 143, 152, 159-161, 163, 165-166,

welfare ii, 12, 488, 503, 506, 509 168-170, 185, 193-194, 197, 201,
agencies 515, 518 203-205, 209-217, 245-246, 248-250,
agency 509, 515-518, 528 257-259, 261-266, 277-280, 283, 285,
private 514 287-288, 293-294, 307-308, 313, 320,
public 506 325, 333, 350-351, 354-356, 358, 361,
regional 520 363-368, 370-373, 378-379, 381-386,
institutions 520 389, 393, 397-399, 401-402, 406-413,
programs 508 416, 418, 422, 425-427, 429-433, 437-
work 13 438, 442, 454, 460-461, 466, 468, 472,
working xiii, 350, 352-353, 355, 359, 484, 489, 491-492, 495-497, 500-512,
649 514-521, 528-531, 533-534, 539-541,
income 353 543-544, 547-548, 550-552, 571-577,
young 464, 467 579, 581-583, 592, 596, 599, 601, 603-
Youth Welfare Code xviii 610, 612-622, 624-629, 631, 633, 637,
Child Abuse Prevention year xx, 640-641, 643-644, 647-649, 652-653,
645 684, 697
Child and Youth Welfare Agencies 514, abused 18
541 adopted 166, 489
Child Protection Unit (CPU) 645 cases 384
Child Right Center (CRC) 409 committed 248, 438
child care 161, 170, 501, 579, 586 delinquent iii, 21, 26-27, 36
media-based 280 dependent ii, 9-13, 520
workplace-related 279 development of 210, 575, 583, 624
child-caring disturbed 506, 515, 530
agencies 259 educating 504
agency 246-249, 252, 438, 509 employment of 510-511
institution 128, 358, 402, 490, 514- exceptional 99-100, 105
515, 517 exploited 108-110, 596
child health v, 47, 612 female 426, 640-641
package 616 handicapped 511, 530
services 117, 466 health of 507, 519
Child Rights Center (CRC) 409, 445, ill 530-531
612, 629 illegitimate xiv, 361, 491, 576, 599
childbirth 50 indigent 75, 507
childhood 277, 487, 605, 613 involving 397, 425
early 210, 279, 294, 618 legitimate iv, 29, 548, 576
children i-iv, vi-x, xii- xvi, xvii, xix- matriculated i, 5
xxi, 3-6, 8-16, 18-21, 25-27, 29-30, needs of 213, 409
34, 36, 41-42, 55, 58-59, 61, 64-68, neglected 203, 437, 521, 647
70-72, 74-75, 77, 82-83, 85-86, 88- of indigenous cultural communities
89, 92, 94-96, 99-100, 102-103, 105, 132-133
107-110, 122-125, 127-128, 130-136,
751
old 618, 620 city vi, viii, xii, 4, 23-24, 38-39, 43,
participation of 193, 398 45, 47, 55, 58, 74, 96-97, 110, 178,
poor 3-4, 6 202, 225, 236, 240-241, 266, 281-283,
preschool 619 285-287, 299, 373-374, 412, 423, 427,
program ix, 107 438, 471, 508, 510-511, 520, 522-523,
protection of 109, 622 527-528, 532, 534-536, 538-539, 566,
retarded 529 568, 582, 627, 652, 667-670, 693-695,
rights of 277, 399, 637, 649 699, 712, 714-715, 720, 722-727,
street xx, 647-648 736-737, 744
total development of 582-583 City Court 522, 532
welfare of 123, 201, 351, 411, 506- City Engineer 720, 725-726
507, 540, 583, 621, 638 city governments 39, 412
working 131-132, 355, 358, 511-513, civil actions 205, 316, 359, 378
649 Civil Code 59, 97, 255, 487, 489-490,
young 108, 278-279, 288, 472, 605- 494, 496-498, 561, 576
607, 618, 621, 624 civil defense xxii, 665, 667-670, 689,
Children Act 107, 363 713-714, 717, 740-741
Children Federation xvii, 579 defense organizations 666, 669-670
Children in Conflict with the Law defense program 668, 670
(CICL) xviii, xxi, 397, 399, 401-402, civil liability 135, 203, 379, 405,
408-411, 416, 425-427, 429-433, 609, 423-425, 535, 537-538, 564, 566,
652-653 569, 703
c h i l d r e n ’s o rg a n i z a t i o n s , civil personality 487, 546
working 649 Civil Registry 248, 252-254
children’s programs 215 Civil Service Commission (CSC) 383,
Children’s Television Act xii, 209 468, 475
child’s health 488 civil service
CHR (Commission on Human Rights) laws 86, 304, 475
383, 406-407, 409, 449-451, 457-458, rules 13, 385
603 existing 169
CICL (Children in Conflict with the rules and regulations 385
Law) xviii, xxi, 397, 399, 401-402, civil society organizations 675-676,
408-411, 416, 425-427, 429-433, 609, 686-687, 692, 696-698, 739
652-653 climate change 674-675, 677, 680,
Civilian Emergency Administration 686, 688-689, 695-696, 742
xxii, 719-720 Climate Change Commission 686,
cigarette 328, 330, 332-333, 341, 688-689
343 clinics 49, 128, 227-230, 232, 380,
cigarette smoking 327, 333, 335, 466, 481, 528-530
343, 346 COA (Commission on Audit) 304,
circumstances, personal 242, 313 698
citizens 22, 41, 292, 327, 379, 574, COC-Tobacco 347
643
752
INDEX
Code community disaster reparedness 711

Child and Youth Welfare 160, 203, community health workers 119, 279,
343, 484, 571, 583, 599 470
of Muslim Personal Law xvi, 546 community service 315, 357, 420
coercion 125, 168, 204, 256, 308- compensation iv, 5-6, 9, 13, 23, 29, 31,
310, 364 49-50, 74, 77-79, 82, 89, 162, 177, 180,
collaboration 186, 190, 224-225, 258, 212, 288, 323, 456, 480,734-736
389, 488, 510, 513, 519, 575, 605 compensatory benefits xxiii, 699,
colleges vi, 61-62, 85-86, 103, 330, 733-736
345 Comprehensive Development Plan
commission of acts 130 (CDP) 690
Commission on Audit (COA) 304, conditions, heritable 389-392, 394
698 confidentiality 53, 137, 163, 169, 206,
Commission on Filipinos Overseas 222, 224, 228, 230-232, 235, 257, 313,
(CFO) 319 385, 425
Commission on Higher Education information 161, 222, 529
(CHED) 150, 223, 259, 262, 321, medical 222, 228, 231-232, 235
457, 471, 475, 685, 740 Congress 107, 112, 115, 122, 141,
Commission on Human Rights (CHR) 143, 146, 149, 152, 154, 159, 172,
383, 406-407, 409, 449-451, 457-458, 185, 193, 195
603 consent 3, 10, 12, 18-19, 44, 68, 108,
commissioner 12, 43, 175-176, 230, 128, 130, 166, 168, 199, 221-222, 224,
320, 457, 603, 686, 713, 743 227, 251, 308, 319, 372, 374,386, 418,
appointive 176 425, 430, 439, 445, 491-492, 512, 524,
on Health and Public Welfare 43 600, 666
commitment, national xviii, 44, 89, 147, construction work 725-726
157, 236-237, 281, 393-395, 461, 593, contracts 177, 548, 552, 587, 659
603-604, 660, 706, 720, 743-745 contributions vii-viii, 45, 53, 92, 94-
Common Penal Provisions 138 95, 102-103, 183, 216-217, 289, 504,
Commonwealth Act iv-v, 36, 39, 41, 508, 659, 661, 692
43, 47, 49, 722 Convention on the Elimination of
communities 133, 278-280, 282-283, Discrimination Against Women
293-294, 399-400, 402, 411, 428-431, (CEDAW) 445, 464
483-485, 505-507, 509-510, 516-518, cooperation 99, 105, 190-191, 213,
530, 605-606, 674-683 229-230, 246, 288, 321, 345-346,
disaster-affected 681 486, 503, 507, 513, 519, 541, 644,
local 674 653, 720, 741
community-based organizations Cooperative Development Authority
(CBOs) 677 (CDA) 189
community-based programs 400, 412, coordinated program xi, 124, 172-
419, 428-429 173
community development 295, 538, coordination xxii, 125, 139, 141, 161,
541, 640, 713, 716, 743 163, 170, 190-191, 194, 205, 207, 224,
753
226, 229, 264, 266, 296, 298, 318-319, 370, 379, 402, 408, 416-417, 455-457,
324, 345, 359, 385, 406, 412, 417, 427- 491, 498, 508, 516, 600, 609
428, 456, 475, 481, 541, 572, 575, 597, cruelty 107, 109, 123, 128-129, 204,
652-653, 668, 675, 678, 681, 687-689, 309, 351, 398, 437, 514, 603, 637,
691, 695-696, 699, 700, 705, 712, 714, 645
719, 730, 742-743 CSC (Civil Service Commission) 383,
Council for the Welfare of Children 468, 475
(CWC) 283-284, 290, 383, 406-407, CSOs (Civil Society Organizations)
605, 607, 614-615, 621, 641-642, 675-676, 686-687, 692, 694, 696-
652-653 698
counsel, child’s 415, 610 cultural agencies 303
counseling 165, 167, 205, 247-249, cultural communities 132-133
255, 264-265, 311, 314, 317-319, 323, children of indigenous 133
328, 346, 384, 398, 401, 412, 414, 420, culture x, xiii, 147, 157, 179, 215, 247,
426, 430, 433, 484, 492, 507 261, 297, 303
country team approach 323 custodian 18, 231, 402, 521, 525
court 4, 10, 17, 19, 21-27, 30-31, 36- child’s 439
37, 45, 72, 80, 92, 103, 132, 135-138, custody iii, xvii, 3, 18-19, 21-22,
162-163, 165-166, 168-169, 201-207, 25-27, 36-37, 68, 123, 135, 137, 160,
231-232, 241-243, 252-254, 256-257, 167-168, 197, 203, 205, 246, 248-249,
262, 313, 315-316, 343-344, 351, 252-254, 262, 351, 365, 367-368, 371,
356-359, 362, 369-380, 382-384, 386, 379, 399, 401, 409-410, 413-414, 438-
399-405, 407, 415-418, 421-424, 439, 445-446, 449, 457, 487, 489-490,
426-430, 432-434, 441, 451, 461, 487, 492-493, 499, 515-516, 518, 520-521,
489-490, 492-493, 495, 500, 514, 517- 524-528, 533, 535, 544, 547, 552, 564,
519, 520, 522-529, 532-539, 542, 544, 569, 596-597, 599, 601,
548, 550-553, 561, 563-565, 568-569, legal 3, 18, 252, 255, 441, 517,
596-597, 599, 601, 610, 641, 652, 661, 524-525, 528, 601
664, 670, 703 of children 203, 379, 547, 552
appropriate 405, 418, 421, 433 of minor children 368, 379
clerk of 31, 523 protective xvii, 137, 596
municipal trial 359, 373, 377 proceedings 137, 490
proper 4, 429-430, 518, 527 CWC (Council for the Welfare of
regular 204, 362 Children) 283-284, 290, 383, 406-
Court of Appeals 232, 441 407, 442, 540, 605, 607, 614-615, 621,
Court of First Instance 19, 30, 522, 641-642, 652
532
CRC (Child Rights Center) 409, 445, D
612, 629
crime v, xi, 37, 51, 127, 130, 165, 176, DA (Department of Agriculture) 182,
181, 195, 197-199, 228, 249, 257, 262, 281, 284, 290, 341, 541, 607, 627,
308, 312, 314, 316, 319, 366, 368-369, 685, 713
754
INDEX
danger 540, 614-615, 619-620, 685, 694,

physical 354, 526 699, 740
moral 438, 521, 526, 529 Department of Education, Culture and
daughters 250, 255, 557-559 Sports (DECS) x, xiii, 141-142, 150,
day care 147, 154-157, 182, 190, 223-224, 235,
centers xviii, ix, 107-110, 128, 618- 262, 264-266, 281-286, 288-290, 292,
620 296, 627, 638
children in 615, 617, 619-620 Department of Energy (DOE) 685
service 279, 501 Department of Environment and Natural
DBM (Department of Budget and Resources (DENR) 182, 190, 342,
Management) 157, 182, 217, 236, 685, 699
288, 304, 685, 705, 740 Department of Finance (DOF) 288,
death of parents 18, 251, 263, 489, 341, 685, 713
525, 538, 551 Department of Foreign Affairs (DFA)
death penalty 196-197, 430-431, 565, 163, 168, 170, 182, 225, 236, 317, 320,
570 324, 456, 461, 604, 685
debt bondage 309-310, 312, 354 Department of Health (DOH) 74, 90,
decrees xvi, 111, 120, 139, 144, 147, 119, 141, 186, 189-191, 223-226, 228-
158, 167, 184, 199, 207, 217, 238, 243, 230, 234-235, 238, 241, 261, 264, 266,
254, 267, 290, 305, 325, 348, 360, 269, 270-275, 281, 283-284, 288-290,
362, 386, 395, 434, 458, 461, 475, 341-342, 346, 348, 383-384, 386, 391-
482, 579, 706, 717, 737 395, 456, 466, 468-469, 470-475, 541,
DECS (Department of Education, 543-544, 606, 614-617, 619,
Culture and Sports) x, xiii, 141-142, 627, 630, 638, 684, 713,
150, 147, 154-157, 182, 190, 223-224, Department of Interior and Local
235, 262, 264-266, 281-286, 288-290, Government (DILG) 182, 241, 243,
292, 296, 627, 638 262, 264, 266, 281, 283-285, 289-290,
delivery of newborn 69, 109, 117, 319, 383, 386, 393, 406-407, 457, 614-
390-392, 467, 481, 515, 550 615, 652-653, 740
DENR (Department of Environment Department of Interior Local Disaster
and Natural Resources) 182, 190, Coordinating Councils 740
342, 685, 699 Department of Justice (DOJ) xiv, 125,
dental services 6, 92, 94, 500 139, 170, 225, 236, 241, 243, 259,
Department of Agriculture (DA) 182, 281, 284, 290, 318, 320, 322, 324,
281, 284, 290, 341, 541, 607, 627, 341, 382-383, 386, 397,
685, 713 406-407, 450, 456-458, 461, 475, 540,
Department of Budget and Management 607, 610, 627, 652-653, 713
(DBM) 157, 182, 217, 236, 288, 304, Department of Labor and Employment
685, 705, 740 (DOLE) xx, 113, 131-132, 144, 173,
Department of Education (DepEd) 100, 182, 210, 225, 236, 262, 264-266, 281,
292, 296-297, 303-304, 342, 346-347, 284, 290, 318, 320-321, 324, 352-353,
355, 384, 406-407, 457, 471, 475, 358, 384, 468-469, 475, 604, 607, 627,
755
638, 642, 649, 650-651, 685 normal 64, 123-125, 144, 351-352,
Department of National Defense (DND) 511
457, 684, 713 of adoption services 161, 163
Department of Public Works and of children and youth 540, 572, 575,
Highways (DPWH) 157, 685 582-583
Department of Science and Technology officer 136, 285-286, 411, 413-414,
(DOST) 150, 186, 190, 274, 342, 416-418, 428, 430, 433, 693
345, 684, 693, 699, 740 development of Filipino Children vii,
Department of Social Services and 85-86
Development 569, 575, 713, 716 DFA (Department of Foreign Affairs)
Department of Social Welfare and the 163, 168, 170, 182, 225, 236, 317, 320,
Development (DSWD) xiv, xxi, 324, 456, 461, 604, 685
108, 110, 125, 127, 130-131, 135-136, DILG (Department of the Interior and
138-139, 160, 182, 205-207, 236, 241, Local Government) 182, 241, 243,
243, 246, 261, 264, 266, 281, 283-284, 262, 264, 266, 281, 283-284, 285,
288-290, 318-317, 320-321, 358, 366, 289-290, 319, 383, 386, 393, 406-407,
372, 380, 382-384, 386, 402, 406-407, 457, 614-615, 652-653, 740
413, 415, 423, 427, 429- disabled
430, 436-442, 456, 475, 615, 619-622, child 532-533
627, 638, 641-642, 652-653, 684, children 530-531, 533-534
693, 699 disaster
Department of Tourism (DOT) 225, control groups 716
236, 604, 685 control organizations 731
Department of Trade and Industry impacts 677
(DTI) 186, 189, 274, 322, 341, 345, mitigation 678, 739
475, 685 operations xxiii, 714, 716, 733-734,
Department of Transportation and 743-745
Communications (DOTC) 322, preparedness 674, 678, 684, 687, 690,
638, 685 717, 738
DepEd (Department of Education) 100, prevention 678, 684, 716
292, 296-297, 303-304, 342, 346-347, relief agencies 701
355, 384, 406-407, 457, 471, 475, response 678, 684
540, 614-615, 619-620, 685, 694, risk/s 674, 677-679, 681
699, 740 management programs 695
dependent children ii, 9-13, 520 reduction 674-675, 677-678, 695-
deprivation 124, 309, 364-365, 501 697-698, 742
of liberty 400, 403 and management 674-675,
detention homes 205, 423, 536, 538 677-679, 681, 684, 687-691,
development 695-699, 704
child’s 128-129, 483, 496 programs 690-691, 698
early childhood 264 Disaster Coordinating Council/s 684,
national youth 692-693, 716-717, 733, 735-736,
program 182 740-742
756
INDEX
local 734 DND (Department of National Defense)

Disaster Management Office (DMO) 457, 684, 713
740 Department of Energy (DOE) 685
disaster risk management 674, 695, DOF (Department of Finance) 288,
704 341, 685, 713
Disaster Risk Management DOH (Department of Health) 74, 90,
(DRM) 740 119, 141, 186, 189-191, 223-226, 228-
Disaster Risk Reduction (DRR) xxiii, 230, 234-235, 238, 241, 261, 264, 266,
673, 679, 681, 684, 687, 738-739, 269, 270-275, 281, 283-284, 288-290,
740-742 341-342, 346, 348, 383-384, 386, 391-
and Management Councils 693 395, 456, 466, 468-469, 470-475, 541,
and Management Framework 681 543-544, 606, 614-617, 619,
and Management Information System 627, 630, 638, 684, 713
679, 687 DOJ (Department of Justice) xiv, 125,
and Management Organization 692 139, 170, 225, 236, 241, 243, 259,
education 699 281, 284, 290, 318, 320, 322, 324,
disasters 504, 657, 674-680, 689-691, 341, 382-383, 386, 397,
695, 704-705, 711, 715, 743 406-407, 450, 456-458, 461, 475, 540,
local 504 607, 610, 627, 652-653, 713
major 711 DOLE (Department of Labor and
discharge parental responsibilities 247, Employment) xx, 113, 131-132, 144,
522 173, 182, 210, 225, 236, 262, 264-266,
discretion 10, 16-17, 19, 37, 45, 47, 281, 284, 290, 318, 320-321, 324, 352-
72, 80, 92, 103, 168-169, 256-257, 353, 358, 384, 468-469, 475, 604, 607,
343-344, 356-357, 404, 526-527, 534- 627, 638, 642, 649, 650-651, 685
535, 539, 563, 568, 599 domestic adoption of Filipino children
discrimination xviii, 123-124, 131, xii, 245
133, 144, 204, 220, 232-233, 255, Domestic Relations Courts 492, 520
309, 351-352, 364, 385, 437, 445, DOST (Department of Science and
603, 637 Technology) 150, 186, 190, 274,
in hospitals and health 342, 345, 684, 693, 699, 740
Institutions 233 DOT (Department of Tourism) 225,
diseases xviii, 10, 108, 197, 219, 221, 236, 604, 685
223-224, 447, 452, 529, 543, 597, DPWH (Department of Public Works
624-625, 677 and Highways) 157, 685
respiratory xvi, 571-573 DRM (Disaster Risk
vaccine-preventable xviii, 612-616 Management) 740
diversion 205, 400-401, 404, 414, DRR (Disaster Risk Reduction) xxiii,
416-418, 420-423, 433 673, 679, 681, 684, 687, 738-739,
proceedings 417-418 740-742
programs 401, 411, 416-421 DSWD (Department of Social Welfare
DMO (Disaster Management Office) and the Development) xiv, xxi, 108,
740 110, 125, 127, 130-131, 135-136,
757
138-139, 160, 182, 205-207, 236, 241, church-based early childhood 279
243, 246, 261, 264, 266, 281, 283-284, early 606-607, 621-622
288-290, 317-318, 320-321, 358, 366, early childhood 279-280
372, 380, 382-384, 386, 402, 406-407, elementary 150, 155, 502, 512
413, 415, 423, 427, 429- high school 294
430, 436-442, 456, 475, 615, 619-622, high school 294
627, 638, 641-642, 652-653, 684, HIV/AIDS 223-225, 234
693, 699 intermediate v, 39
DTI (Department of Trade and Industry) media 213
186, 189, 274, 322, 341, 345, 475, non-formal 132, 265, 355
685 of children employed 512
parent 280, 391, 505, 520, 607
E post-adoption 247
primary v, 39, 144, 351, 355
early childhood care xiii, xix, 277-278, private parent 280, 520
605, 618, 621-622, 652 programs 132, 202, 280, 293-294,
Early Childhood Care and Development 300-301
(ECCD) xii, 277-279, 605, 618, religious 504
621-622 secondary 132, 144, 150, 155, 351,
Council xix, 621-622 355
curriculum 280 special 100
program implementers 284, 287 support parent 505, 520
programs 278, 280, 282-290, 620 voucher ix, 112-113
effective implementation of 286-287 Education for All (EFA) 618, 626
establishment of 282, 285 Educational Children’s Program 215
financing of 288 educational institutions 103, 113, 150,
improvement of 286-287 228, 232, 296, 410, 412
public 282, 285, 287-288 admission to 228, 232
service providers 278-286 private 103, 731
system 277-279, 280-282, 286, 290, public xxiii, 730-731
605 educational policies, national 297-
early infancy v, 47 299, 301
earthquakes 520, 657-658, 663, 678, educational programs xii, 133, 150,
711, 722, 728, 730, 738 219, 280, 293-294, 301, 355, 470,
education vi, ix-x, 9, 36, 52, 112, 119, 619
132-134, 149-150, 154, 202, 279-280, elemental instruction i, 8
283-284, 292-297, 355, 384, 485, EFA (Education for All) 293, 618,
487-488, 499, 502-504, 512 626
Act 149-150 emergencies 79, 503, 514, 664,
and training for working children 676-678, 680, 687, 692, 696-697, 712,
355 720, 722, 725, 728, 744
basic xiii, 292-294, 296-297, 651 complex 677, 699, 704-705
758
INDEX
national xxii, 665-667, 669-670 F

operations xxiii, 714-715, 733
employees 6, 13, 67, 69-72, 78, 80, facilities 8, 32, 47, 70, 100, 119, 124,
138, 157, 169, 177, 183, 298-300, 135, 177, 282, 285, 288, 294-295, 302,
480-481, 517, 660-661 317, 330, 331, 332, 355, 385, 409, 426-
field 724 427, 449-450, 455, 464,
public sector 682, 699 468, 469, 473, 475, 488, 503, 505, 531,
employer ix, 15, 69-72, 78, 80, 138, 538, 590, 609, 619, 666-
157, 169, 177, 183, 298-300, 480-481, 669, 681, 682, 689-690, 696, 701, 712,
517, 660-661 714, 716-717, 734
employment ix, xx, 15-17, 22, 65, 67- operating 692-693, 714
71, 80, 112-113, 143-144, 351-352, factories ii, 15-16, 72, 716, 726
355-357, 431, 479, 480, 482, 511-513, factors 116, 418-419, 464, 484, 486,
640-641, 665 679, 681, 684, 717
child’s 70, 144, 352 families 128, 134-135, 263-264, 266,
of children vii, x, 64-67, 131-132, 278, 278, 283, 288-289, 308, 389,
143, 510-511 399-400, 402-403, 410, 426, 428-429,
of women ii, vi-vii, 15, 64, 68, 77-78, 434, 456-457, 472, 500, 574-575,
479 587-591, 605-606, 649-650,
status 297, 302, 466-467 669, 676
environment, healthful 327, 330 child’s 420
evaluation, psychological 164, 166- designated 371-372
167, 451 family
executive orders xvii-xix, xxii-xxiii, cases xi, 201-202, 205-207
22, 169-170, 183-184, 203, 290, 361- courts xi, 201-202, 204-207, 359, 370,
362, 460-461, 594-599, 601-605, 373, 382, 400, 405, 415, 422, 423, 427,
609-610, 617-618, 620-622, 733-738 433
expenses 22-23, 31, 37-38, 50, 89, Family Code of the Philippines xiv,
100, 106, 120, 167, 183, 290, 427, xv, 203, 228, 263, 361, 460
473, 533, 536 Family Courts Act 201, 382, 423,
childcare 371 427
public i, 3-4 Family Day Care and Parent-Child
exploitation ix, xiii, xviii, xx, 107, Development Programs 288
122-125, 128-129, 131, 143, 161, 163, father xiv, 18, 263, 361-362, 489,
169, 308-309, 350-351, 398, 437, 485, 500-501, 534, 538, 548-554, 556-
511, 514, 528, 596, 603-604, 637-638, 559, 563
640, 645, 649 feeding 90, 108, 116-117, 119, 446,
child’s 144, 352 465, 467, 472, 586, 588-590, 592,
economic 640 607, 619
sexual 308-310, 312, 596 fees 94, 100, 103, 106, 113, 162, 167,
extinguishment of parental authority 204, 233, 273, 289, 316, 359, 374, 383,
551 395, 579, 635
759
females 15-16, 125, 451 gratuity vi, 58-59, 577

FIC (Fully Immunized Child) 630 GSIS (Government Service Insurance
field offices 293, 296, 304 System) 686, 734
Filipino Children and Youth Participation guardian 10, 18, 30-31, 68, 97, 123-
in Nation-building Law 582 124, 127, 129, 135, 138, 143-144,
Filipino Muslim Laws xvi, 546 197, 227, 232, 247, 250, 252, 255,
financial support 365, 367-368, 614 312-313, 346, 351-353,
First Call for Children 123, 351 391, 399-400, 413, 415-416, 418, 421,
food 116, 124, 129, 135, 185, 191, 428, 438, 441, 480, 487, 489-491, 492,
269-273, 339, 472, 586, 592, 606-607, 495, 499-500, 520-528, 532-534, 538-
697, 701, 734 539, 544, 550-553, 600
food products 269-273, 275, 592 legal 127, 143-144, 227, 232, 252,
foreign adoption agencies 161, 168 313, 351-353, 391-392, 438, 441,
fortification xii, 185, 187, 189, 268, 492, 524, 526, 600
269, 271-275 guardianship iv, 3, 30, 96, 203, 247,
foundation xvi, 261, 294, 571-573, 250, 437, 490, 515, 521, -522, 524,
676 552, 553
Fully Immunized Child (FIC) 630 rights 522
G H
GAD (Gender and Development) 386, harm, physical 365, 367-368
475, 694 hazards 327, 330-331, 485, 503, 511,
Gender and Development (GAD) 386, 588, 590, 592, 678-683, 688, 690,
475, 694 696, 738
girl scouts v, xx, 43, 45, 103 health 133-134, 144, 185, 220, 223-
government 226, 230, 268, 345-347, 468-470, 472-
hospitals xxiii, 74, 83, 229, 241, 730- 474, 488, 503, 505, 507, 514, 543-544,
731, 735 591-594, 606, 612, 726
local 183, 206, 252, 264, 266, 423, care 227, 233, 237, 264, 266, 280,
502, 505, 519, 538, 606, 712-713, 288, 381, 586-587, 589, 590, 619,
716, 735 624, 640
municipal 13, 668, 736-737 centers 116, 279, 331, 390, 465-466,
orphanage ii, 9 471, 519
Government Service Insurance System conditions 229, 232-233
(GSIS) 686, 734 impacts 678, 680
grandfather, paternal 552-523, 558- infirmaries 116, 390, 465-466
559 institutions, 116, 118-119, 120, 133,
grandmother, paternal 552, 558 233, 390, 392, 463, 465, 466, 468,
grandparents 489, 551 470, 474, 589
grants 86, 178-179, 216-217, 302, private ix, xv, 115, 120, 463
346 personnel 117, 119, 392, 466
760
INDEX
professionals 231, 590-591, 676 report 528

programs 110, 346 work 15, 68, 70, 71, 79, 108, 263, 352,
warning 333-335, 338-339 352-353, 469, 511
health workers 119, 222, 224, 231, House of Representatives 8-9, 12, 14,
279, 466, 470, 587, 590-591, 594, 15, 18, 21, 26-27, 29, 237, 347, 461,
613, 616 705-706
hearing 19, 31, 36, 99, 135, 137, 252, households 204, 365, 371-372, 683
275, 357, 374-377, 382, 403, 405, Housing and Urban Development
422, 426, 490, 492, 516-517, 522-524, Coordinating Council
527-528, 532-533, 535, 564, (HUDCC) 686
569, 601 HUDCC (Housing and Urban
heirs vi, 58-59, 113, 548-549, 553- Development Coordinating Council)
556, 560 686
high schools viii, 94-95, 102-103, Human Immunodeficiency Virus, see
293-294, 299, 301, 330, 346, 471 HIV
public 301 Human Resource Development
HIV (Human Immunodeficiency Virus) Program 280, 395, 471
xii, 197, 219-235, 237-238, 312, 640 human rights 205, 220, 241, 308,
status, suspected 232-233 363-364, 383, 398, 406-407, 409,
home 19, 43, 108-109, 203, 205, 248, 444-445, 449, 451, 456-458, 486,
252, 258, 278-280, 282, 295, 364, 603, 645, 675
366, 422-423, 426, 433, husband 199, 203, 250-251, 491, 548,
483-484, 488, 492, 495, 497, 499-503, 552, 555, 557, 600
510, 513-515, 517-518, 524, 530, 535, hygiene 153
568, 587, 588, 606-607 dental i, 5-7
homeless iii, 18, 21, 36 maternity ii, 12-13, 520
homicide 130, 197-198, 368
hospitalization 530, 735 I
hospitals 13, 75, 83, 116, 128, 133-
134, 227-230, 232-234, 266, 329, IAC-Tobacco 327, 330, 332, 335, 337,
331, 380,385, 390, 465-466, 528-529, 339, 341, 345, 347
572, IBP (Integrated Bar of the Philippines)
hours 147, 153, 391, 485, 728 318
apprehension 414 ICCPR (International Covenant on Civil
arrest 135-136 and Political Rights) 445
children’s programs 193, 210, 213, IEC (Information Education and
248, 352-353, 359, 405 Communication) 740
child-viewing 210, 213 ILO Convention xx, 649-651,
class 147 images (advertisements) 327-328,
curfew 520, 334-335
deliveries 118 immunization x, xvi, xix, 108, 116,
jail / release 23, 610 152-153, 464, 543-544, 571-572, 606,
612-617, 624-625, 629-630
761
program 543, 571-572, 614-615 nutrition 588, 590

implementation xix, 106, 110, 132- infants x, xvi, 115, 117-118, 152-153
133, 139, 141, 144, 147, 156-157, 394, 464, 466, 472, 515, 543-544,
163, 173, 178-180, 188, 190, 207, 572, 585-589, 591-592,
212-215, 225, 235, 238, 243, 259, 613-614, 616-617
264-266, 272-274, 281, 286-287, 289- low birth weight 117, 467
290, 317-318, 321, 324, 327, 343-344, mothers of 588-589, 591
347-348, 355, 392-393, 395, 398, 406, information xii, 5, 10, 24, 117,120,
408-412, 417, 432, 434, 457-458, 461, 144, 161, 212-213, 219, 223-224, 231,
466, 472, 474, 503, 540, 541, 544, 571, 242-243, 247, 254, 258, 280, 309, 311,
575, 593-594, 597, 603, 605-608, 620- 313, 315, 317, 319, 321-323, 328, 330
622, 624, 626-627, 635, 650-651, 674, 331, 334-335, 337, 343, 346-347, 352,
677, 680, 683-684,688-692, 694-695, 359, 373, 381, 386, 391-392, 395, 405,
705-706, 730, 739, 741-742 408, 421, 425, 439, 445, 457, 466,
Implementing Rules and Regulations 487, 493, 507, 518-519, 522, 526,
(IRRs) 529, 532, 585, 588, 591, 616, 635,
imprisonment 17, 19, 21, 23, 27, 45, 637-638, 641, 643, 651, 678-681, 684,
72, 80, 92, 103, 113, 132, 157, 168, 687, 691, 696, 713, 742
169, 226, 227, 232-233, 256-257, 313- confidentiality 161, 222, 529
315, 343-344, 356-357, 369, 374, 378, dissemination and educational
386, 400, 403-404, 416-417, 423-424, programs 70
432, 457, 487, 499-500, 526, 529, 539, materials 119-120, 392, 470
541-542, 544, 565, 570, 594, 661, 664, nutrition 270
670, 703 technical 394
life 21, 23, 27, 403, 565, 570 Information Education and
incapacity 18, 124, 262, 353, 525, Communication (IEC) 740
538 information technology 309, 311,
mental 262 313
income 32, 113, 124, 262, 204, 216, inheritance 547, 554-555, 557-558
264, 289, 371, 525, 538 560, 576-577
child’s 353 mutual rights of 547, 554-555
family 70 injury 345, 357, 365, 385, 419, 452,
indecent 667, 680, 699, 722, 725, 727, 735-
acts 125, 130, 364, 508 736,
shows 125, 128, 130-131, 309, 364, institutions i, iii, ix, xv, xxiii, 3, 10, 13,
508 18, 21-23, 26-27, 37, 47, 85-86, 100,
industrial establishment 15-16, 66, 106, 115-120, 123, 128, 682, 692, 701,
68 715-716, 730-731, 738-739
infant child-focused 12
feeding 588, 592 penal 537
formula 116-117, 119, 465-466, 469, private 21-22, 27, 36, 531, 586, 666,
586-588, 590-592 715
762
INDEX
private social welfare institutions J

123, 351
public 18, 21, 24 JJWC (Juvenile Justice and Welfare
instruction i, 5-6, 8, 13, 21-23, 33 39, Council) 406-409, 412, 427, 429,
52, 64,223-224, 259, 280, 302, 346, 442, 432, 433, 434, 609-610
496, 504, 508, 530, 592, 619, 726, 728 justice, courts of 10, 204
elemental i, 8 juvenile xiv, xviii, 137, 205-206, 397-
program of 722-723 398, 401, 403-404, 406-413, 423, 431,
religious 496, 504 492, 503, 505, 507, 509, 517, 520 522,
Integrated Bar of the Philippines (IBP) 532, 538-539, 563, 568, 609-610
318 Juvenile and Domestic Relations Court
Inter-Agency Council on 137, 522, 532, 539
Violence 383 delinquency 404, 408, 410, 431, 503,
inter-country adoption xi, 159-164, 505, 507, 509, 539, 563, 568
167-168, 312, 436, 442 intervention programs 408, 412
Inter-Country Adoption Board 161, justice and welfare xiv, xviii, 397,
170, 442 401, 403-404, 406-409, 412-413,
inter-country adoption of Filipino 609-610
children xi, 159 Juvenile Justice and Welfare Council,
International Covenant on Civil and see (JJWC) 406, 609-610
Political Rights (ICCPR) 445
International Youth Year see (IYY) K
179
internet 311, 322, 328, 337, 340 Kapisanan ng mga Broadkaster ng
intervention program 328, 408, 412 Pilipinas (KBP) 194, 644
comprehensive juvenile 411-412 (KBP) Kapisanan ng mga Broadkaster
national juvenile 408-409 ng Pilipinas 194, 644
interventions 426, 606, 651 knowledge 10, 117, 196, 224, 264,
intimidation 196, 221, 309-310, 365, 266, 293-295, 308, 313, 373, 379-380,
367-368, 445, 450 453 466, 501, 522, 528, 675-676, 678-
investigation 24, 69, 71, 79, 241-242, 680, 684, 691, 696, 725, 740
313, 318, 384, 359, 401, 406, 415-
418, 421-422, 445, 450-451, 501, L
517, 538, 566
custodial 451 labels 270, 328, 591-592,702
preliminary 242, 359, 401, 417-418, labor 15-16, 64, 66-68 78-79, 113,
421-422 131-132, 182, 225,261, 281, 309-312,
iodized salt 186, 188-190 320, 345, 351-354, 379, 381-382, 468-
IRRs (Implementing Rules and 469, 475, 479-482, 511-513, 539, 541,
Regulations) 318 604, 607, 627, 638, 642, 649-650, 685,
Islamic law 551, 554, 556 713, 716, 731
IYY (International Youth Year) 179, 581 forced 308-310, 312
763
labor code 385, 511 League of Provinces of the Philippines

laboratories 155, 228-230, 232, 274, (LPP) 686
331 learning centers 293-294, 299-300,
laborers 15-16, 649 304-305
Land Bank of the Philippines (LBP) leave, parental 263, 265
274 legal
law enforcement agencies 109, 312, assistance 135, 241, 265, 318-319,
318 370, 449-450, 453, 455, 458, 323, 382, 451
638 incapacity 18, 525
laws 18-19, 21, 25, 30, 52, 75, 83, protection to trafficked persons 319
132,150,168-69, 178, 202-203, 257- legitimate child 362, 494, 549, 557
258, 354, 382, 399, 404, 405, 431- legitimation of children xv, 460
433, 456, 472, 509, 528, 540, 607, 622, LGUs (local government units) 178,
635, 638, 641, 652-653, 661, 671. 186, 194, 206, 225, 229, 264, 266, 273,
international 456, 472 281-282, 296, 300, 319, 372, 402, 408,
national 165 613-615, 617, 619, 627, 635, 638, 649,
penal iv, 36, 398, 661 674, 717, 741
special 131, 395, 401, 431-432, 500, liberty 364, 400, 403-404, 448, 457
542, 544 deprivation 400
LBP (Land Bank of the license 126, 129-130, 132, 138, 161-
Philippines) 274 162, 215, 226-227, 232, 314, 371, 442
LCP (League of Cities of the 449, 515-517, 528, 594, 703
Philippines) 686 licensee 517-518
LCPC (Local Councils for the Protection LIVECOR (Livelihood Corporation)
of Children) 411, 541 274
LDCs (Local development councils) livelihood 186, 229, 264, 274, 323,
696 345, 384, 429, 679-682, 703
LDCCs (Local Disaster Coordinating Livelihood Corporation (LIVECOR)
Councils) 740, 742 274
LDRRMCs 691-694, 699-700, 704 LMP (League of Municipalities of the
LDRRMF (Local Disaster Risk Philippines) 686
Reduction and Management Fund) Local Councils for the Protection of
688, 704 Children (LCPC) 411, 541
LDRRMOs (Local Disaster Risk local development councils
Reduction and Management Offices) (LDCs) 696
691, 695, 698, 699 Local Disaster Coordinating Council
LDRRMPs (Local Disaster Risk (LDCC) 734
Reduction and Management Plans) Local Disaster Risk Reduction and
690, 694 Management Fund (LDRRMF) 688,
League of Cities of the Philippines 696, 698, 704
(LCP) 686 Local Disaster Risk Reduction and
League of Municipalities of the Management Offices (LDRRMOs)
Philippines (LMP) 686 691, 695
764
INDEX
Local Disaster Risk Reduction disaster risk 674, 695, 704, 740
and Management Plans management programs 695, 699
(LDRRMPs) 690 mandatory services to trafficked
local government 182-183, 186, 188, persons 322
408, 411, 457, 475, 503, 505, 519, 538, manufacturers 186, 188-190, 270-274,
613-617, 619, 635, 649, 652-653, 674, 333, 337, 343, 587, 589-591
684, 693, 698, 711, 713-714, 716, 717, Marcos, Ferdinand E. 90, 93, 95, 98,
735, 737, 740-741 101, 104, 479, 482-483, 542-543,
Code 180, 281, 373, 382 562-563, 567-568, 570-571, 573-575,
health units 615-616 577-580, 582, 584, 711, 718, 730, 732-
officials 188, 503 733, 737, 745
local government units (LGUs) 178, marketing xvii, 186, 226, 272, 274,
186, 194, 206, 225, 229, 264, 266, 273, 339-341, 469, 472, 511, 585-589, 591,
281-282, 296, 300, 319, 372, 402, 408, 593-594
613-615, 617, 619, 627, 635, 638, 649, marriage 166, 199, 203, 262, 310, 314,
674, 717, 741 317, 366, 372, 461, 482, 498, 547- 548,
Local Social Welfare Development 550, 552, 561
Office (LSWDO) 411, 413, 416-418, maternity ii, v, vi, 12-13, 47-49, 55,
428, 430, 433, 610, 693 69, 480-481, 515
LPP (League of Provinces of the maximum period 127, 129, 133, 138,
Philippines) 686 356-357, 369, 450, 455, 457
LSWDO (Local Social Welfare MDGs (Millennium Development
Development Office) 411, 413, 416- Goals) 612, 739
418, 428, 430, 433, 610, 693 media, mass 327-328, 335, 338, 410,
643, 688, 696
M Medical and Dental Services 92, 94,
500
Macapagal-Arroyo, Gloria 306, 325, medical care, free 735
349, 360, 362, 387, 396, 435, 443, medical
459, 462, 476, 605, 608, 613, 617-618, confidentiality 222, 228, 231-232,
620, 622-623, 643-648, 650-653, 707, 235
739, 742 inspection of children vi, 61
maintenance iv, vi, 23, 34, 37, 52, institutions 346
58-59, 66, 110, 117, 182, 287, 395, services 241-242, 503
427, 466, 475, 501-502, 505-506, medicines 6, 17, 700, 704
515, 533, 536, 538, 540, 573, 588, Medium-Term Philippine Development
659, 722, 726 Plan 174, 626
majority age, unmarried children of Medium-Term Youth Development
xvii, 576-577 Program 173
management member-agencies 321, 619-620, 689,
activities 677, 679, 695-697, 699, 700
704
765
Memorandum Orders xx, xxi, 649, 120, 135, 278, 464, 467-468, 470,
652-653 472, 501-502, 519, 586, 588-591, 607,
mental 613-617, 697
incapacity 187, 262, 389 motion 253, 405, 493, 601
mental retardation 187, 389, 390, Municipal Disaster Coordinating
529 Councils 15
mercantile establishments ii, 15, 72 municipal
Metropolitan Manila Disaster districts 39, 47, 49, 723, 727-728
Coordinating Council 714 mayors 97, 285, 712
Metropolitan Manila Disaster Operations municipalities 24, 39, 43, 47, 49, 189,
Center 714 286, 288, 319, 411, 597, 606, 608,666,
military personnel xvii, 576-577 668-669, 686, 690, 700, 720, 723,
Millennium Development Goals 727-728
(MDGs) 612, 739
Ministry of Health 589, 591, 593- N
594, 625
Ministry of Social Services and name 252, 254, 257, 313-314, 339-
Development xvii, 596-597, 600- 340, 385, 452, 493, 522, 532, 658,
601, 625 660,727, 736
minor child 41, 144, 232 National Children’s Broadcasting Day
foreign-born 41 xi, 193-194, 643
minor National Children’s
children iv, 30, 41-42, 263, 368, Day 631, 633, 645
379 Hospital vii, 82-83
delinquents 23-24, 36 Month xix, 633, 645
minors iii, v, 10, 15, 22, 23, 25, 51, 97, National Civil Defense
130, 203, 224, 327, 332-334, 339, 479, Administration xxii, 665, 670-671,
513, 531, 553, 597 731
Miscellaneous Provisions 120, 238, administrator 665-668, 743
473 Council 667
mitigation 678, 680, 684, 687, 690, National Commission 180-181
704, 716, 738-739, 741 for Culture and the Arts 212
money 5-7, 17, 66, 86, 125, 127, 309, on the Role of Filipino Women
310, 365, 533, 608, 660 (NCRFW) 318, 320, 383, 686
monitoring xii, 108, 136, 205, 212- National Committee on Disaster
213, 219, 221, 230, 234, 273, 281, 288, Operations xxiii, 743
297-298, 300, 316, 318-319, 322, 593, National Coordinating Council 283
603, 606, 610, 650, 679, 687, 689-690, National Council 684, 687, 690, 700,
696, 700, 703, 740, 742 705
morals 124, 131, 144, 351-352, 354, National Council for Children’s
497, 510-511, 514 Television (NCCT) 210
mothers 49, 89, 108-109, 115, 117-
766
INDEX
National Disaster Coordinating Council National Service Training Program

(NDCC) 684, 713, 715-717, 741 (NSTP) 699
National Disaster Risk Reduction and National Statistics Office (NSO)
Management Council (NDRRMC) 441-442
684, 687, 689, 700-701, 703, 705- National Tobacco Administration (NTA)
706 330, 342
National Disaster Risk Reduction and National Youth Commission (NYC) xi,
Management Framework (NDRRMF) 172, 175, 407, 699
xxii, 673, 681 naval establishments 30
National Disaster Risk Reduction and NBI (National Bureau of Investigation)
Management Fund (NDRRM Fund) 384, 406, 450, 538, 566
688, 704-705 NCC (Nutrition Council) 186, 190,
National Disaster Risk Reduction 270, 272, 281, 607, 619, 627
and Management Operations Center NCCT (National Council for Children’s
(NDRRMOC) 692 Television) 210
National Disaster Risk Reduction and NCRFW (National Commission on the
Management Plan (NDRRMP) xxii, Role of Filipino Women) 318, 320,
673, 674, 681 383, 686
National Early Childhood Care and NDCC (National Disaster Coordinating
Development Coordinating Council Council) 684, 713, 715-717, 741
(NECCDC) 281, 281, 283-284, 286, NDRRMOC (National Disaster
605-606, 619, 621 Risk Reduction and Management
National Economic and Development Operations Center) 692
Authority (NEDA) 182, 236, 264, NDRRMP (National Disaster Risk
281, 607, 627, 684 Reduction and Management Plan)
National Emergency Commission 719- xxii, 673-674, 681
720, 722 NECCDCC (National Early Childhood
National Endowment Fund for Children’s Care and Development Coordinating
Television 213, 216 Council) 281, 281, 283-284, 286,
national government 38-40, 47, 176, 605-606, 619, 621
281, 288, 300, 304, 344, 408, 427, NEDA (National Economic and
501, 536, 605, 613, 622, 666-668, Development Authority) 182, 236,
674, 712, 715 264, 281, 607, 627, 684
agencies xviii, 281, 288, 348, 408, neglect xviii, 19, 107, 123, 128, 204,
605-606 247, 308, 351, 398, 437-439, 514, 521-
National Indigent Children’s Hospital 524, 528-529, 603, 637, 645
vii, 74-75 newborn 116-117, 153, 389-392, 465,
National Nutrition Council (NNC) 186, 467, 613
190, 270, 272, 281, 607, 619, 627 newborn screening 388-395
National Plan for Children 626 Center 390, 394-5
National Program Against Child Labor program 393-394
(NPACL) 649-650 NGOs (non-government organization)
241, 638
767
NHA (National Housing Authority) 262 344, 359, 370, 373, 379, 400-401,
NHI (National Institute of Health) 404-405, 414, 417-420, 423-424, 427,
390-395 430, 434, 449, 474-475, 526, 534, 536,
NIH Newborn Screening Reference 563, 565, 570, 594, 661
Center 393-395 Office of Civil Defense (OCD) 681,
Non-government organization (NGOs) 689, 713-714, 717, 740-741
211, 215, 241, 286-287, 392, 402, 616, Office of the Presidential Adviser on the
627, 638 Peace Process (OPAPP) 685
child-focused 211, 287 officers iii, 9, 13-14, 21, 23-24, 26-27,
non-health facilities 467-469, 473, 169, 177, 186, 188, 241-242, 273, 297,
475 313, 343, 357, 372, 380-381, 385, 401,
NPACL (National Program Against 406, 426, 442, 458, 575, 596, 665, 693,
Child Labor) 649, 650 703, 723-724
NSO (National Statistics Office) deceased vi, 58
441-442 executive service 283, 297, 303,
NSTP (National Service Training 583
Program) 699 probation iii, 21-22, 23-24, 26, 27
NTA (National Tobacco Administration) warrant 723
330, 342 OFWs (overseas Filipino workers) 225,
nutrition 86, 107, 133, 185, 186, 190, 320
268, 270, 272-273, 275, 278-281, 286- OPAPP (Office of the Presidential
288, 398, 471-472, 585, 588, 590, 603, Adviser on the Peace Process) 685
606-607, 619, 621-622, 626-627 operations iv, xxiii, 11, 33-34, 58, 86,
facts 270, 272-273 100, 110, 117, 129, 135, 150, 170,
NYC (National Youth Commission) xi, 180, 182-183, 216, 241,
172, 175, 407, 699 243, 283, 289, 296-297,
300, 304, 318, 466, 502, 519, 540,
O 542, 545, 556, 573, 579, 583, 651,
666-669, 671, 687, 692-693, 695, 698,
OCD (Office of Civil Defense) 681, 712-716, 733- 734, 741, 743-745
689, 713-714, 717, 740-741 disaster control 733
offended party 130, 136-137, 196, emergency xxiii, 714-715, 733
198-199, 242, 312, 358, 372, 378, overseas Filipino workers (OFWs) 225,
402, 418 320
offender 138, 169, 197-199, 202, 205, owner 126, 129, 130, 138, 314, 331,
241, 257, 262, 312, 314, 316, 320, 343-344, 664
371, 384, 402, 403, 415, 425, 432, ownership 353, 370-371, 499
453, 514-515, 534-538,
563-566, 568-570, 652, 703 P
adult 403, 415, 652
offense 23, 27, 38, 114, 138, 169, package 230, 264, 329, 333-334, 338,
203-204, 257, 312-313, 315-316, 343- 395, 606-607, 616
768
INDEX
PACR (Philippine Association of Civil rights of 495, 524

Registrars) 461 solo xii, 261-266
PA G C O R ( P h i l i p p i n e G a m i n g P a r e n t s - Te a c h e r s C o m m u n i t y
Corporation) 216 Association (PTCAs) 282
PAO (Public Attorney’s Office) 374, Parole and Probation Administration
406, 414-415, 422, 450, 610 (PPA) 406
parent-child relationship 160, 506, penalty v, 17, 51, 103, 126-130, 132-
520 133, 135, 138, 168-169, 196-199, 215,
parent education 279-280, 391, 505, 226-227, 232-233, 256-257, 313-314,
520, 607 316, 356-357, 369, 386, 402, 404, 416-
parent 417, 423, 430-432, 435, 442, 454-455,
effectiveness services 264 457, 487, 499-500, 535, 541-542, 544,
employee 263, 265 547, 564, 569, 594, 662, 703
Parent-Teacher Associations 92, 94, arresto mayor 133, 138, 369, 455
503 prision correccional 130, 138, 369,
parental authority 129, 165, 203, 454, 455
246-247, 251, 253-255, 353, 361, 438, reclusion temporal 126, 127, 138,
441, 489-492, 494-495, 498, 501, 525, 198, 454
527-528, 550-552, 600-601 permanent protection order (PPO) 370,
joint 251, 489 376
temporary 253 perpetrators 126, 384, 454
parental care 247, 263, 437, 501, personal effects 370, 371
521, 575 personality 246, 431, 484, 487, 546-
substitute 575 547, 637
parental leave 263, 265 personnel xvii, 13, 23, 32, 75, 83, 86,
parenthood 262-263, 389 90, 109, 117, 119, 177, 183, 202, 205,
parents xii, xv, xvii, 3, 18-19, 22, 25, 212, 222, 224, 225, 227, 229, 257, 297,
27, 36-37, 75, 103, 108, 124, 127, 299, 300, 302, 303, 304, 313, 347, 374,
135-136, 143-144, 160-164, 166-167, 379, 381, 392, 394, 409, 426, 453, 455,
211, 213, 224, 227, 248, 261, 263-266, 457, 466, 576, 577, 587, 589, 590, 591,
277-278, 280-282, 287, 313, 351-353, 594, 667, 669, 697, 698, 699, 704, 712,
357-358, 372, 389-392, 399, 413-419, 716, 724, 743
422, 427-430, 433, 438-440, 460-461, secondary care service 109
464, 483, 485-489, 492, 494-504, policy rules 304
506-507, 512, 514, 518-528, 530-536, persons
539, 544, 548, 550-552, 569, 576-577, adopted 160, 164-166, 169, 246, 252,
600-601, 603, 605, 608, 610 256, 489, 491-495, 576-577, 599,
adoptive 161, 163, 167, 438 600-601
duties of 264, 483, 496, 506, 603 conspiring 169, 257, 312
educating 278, 605 deceased 29-30, 58-59, 233, 552-
natural 18, 163, 492, 494-495, 525, 553, 577
600-601 employment of 15-17, 22, 64-71,
769
77-78, 80, 112-113, 131-132, 143- Philippine Plan for Gender-Responsive

144, 228, 230, 232, 236, 265, 297, Development 641
302, 310, 318-319, 351-352, 355- Philippine Plan of Action for Children
356, 466-467, 479-480, 482, 500, (PPAC) 627
510- 513, 640-641, 665 Philippine Plan of Action for Nutrition
healthy 270 (PPAN) 273
juridical 191, 310, 314, 515, 516, Philippine Program of Action 626
547, 594 Philippine Regional Trial Court 165
married 41, 70, 165, 166, 250, 481, Philippine Sports Commission (PSC)
491, 501, 600 182, 303
Philippine Association of Civil Registrars Philippine Time-Bound Program xxi,
(PACR) 461 649-650
Philippine Charity Sweepstakes Office physicians 75, 83, 119, 227, 390, 470,
(PCSO) 182, 216, 432 528, 529, 724
Philippine citizenship v, 41, 494 placement agencies 161, 162, 206,
Philippine Congress 147, 157, 180, 492, 493, 494-495, 501, 517, 521-528,
183, 190, 214, 217, 237, 238, 290, 531, 532, 533, 600, 601
324, 342, 346, 347, 359, 643, 666, 667, licensed child 492-495, 501, 521-
670, 671, 706 528, 531, 600, 601
Philippine Constabulary 667, 722, licensed disabled child 532, 533
723, 724, 725, 727, 728 policies 134, 162, 168, 177-178, 180,
Philippine Constitution 445, 645 201, 205, 209, 212-214, 219, 232-233,
Philippine Food Fortification Program 245, 268, 281, 284, 293, 297-299, 301,
xii, 268, 271 307, 317-318, 322, 324, 397, 399,
Philippine Gaming Corporation 408-409, 466, 472, 479, 540, 589, 609,
(PAGCOR) 216 622, 624, 666-669, 674-675, 678-680,
Philippine Health Insurance Corporation 684, 688-691, 696, 698, 700, 715, 719,
(PHIC) 346, 392 741-744
Philippine Information Agency (PIA) pornography 309-310, 312, 354, 356,
190, 194, 212, 236, 319, 346, 638 365
Philippine Islands Committee of the pre-disaster preparedness programs
American National Red Cross 660, 704
661 pre-school experiences 618
Philippine National AIDS Council pre-school programs 620
(PNAC) xii, 219, 234 pregnancy 69, 71, 80, 198, 222, 481,
Philippine National Police (PNP) 198, 548, 597, 640
224, 318, 383, 406, 449, 638, 642, President 39, 45, 59, 88-90, 110, 162,
686, 694 164, 175-176, 180-183, 210, 211, 237,
Philippine National Red Cross (PNRC) 283, 285, 320, 324, 342, 346, 408-409,
440, 667, 686, 694, 713, 743 479, 539, 540, 571-572, 583, 604, 608-
Philippine Overseas Employment 609, 622, 642, 657, 665-666, 667, 670,
Administration (POEA) 319, 320 687, 700, 705, 712, 714, 717, 719-720,
742, 744-745
770
INDEX
Presidential Council for Youth Affairs prostitution 51, 125-127, 130-131,

(PCYA) 183 220, 308-310, 312, 315, 354, 357, 430,
prevention of child sexual abuse xx, 438, 521, 596-597, 640
637, 638 protection ii, v, viii, ix, xii, xiii, xviii,
prisoners 22, 137, 445, 449, 455, xx, 12, 47, 69, 70, 96, 107-110, 122,
652, 653 131-134, 143-144, 152, 173, 204, 206,
private schools i, vi, 5-6, 61, 85, 103, 214, 220, 235, 240, 246, 265, 277, 287,
141, 147, 190, 223, 279, 504, 509 307-308, 319, 320, 323-325, 350, 352,
private sector 125, 190, 194, 213, 224, 366, 370, 372-378, 380, 382-383, 385,
247, 258, 275, 278, 285, 287, 346, 359, 398-399, 404, 411, 413, 418, 437, 450,
389, 393, 457, 468, 503, 586-587, 594, 472, 479, 485, 488, 498, 500-501, 506-
605, 608, 675, 682, 687, 697-698, 700, 507, 509, 511, 514-516, 520, 528, 541,
714-715, 739, 741 544, 585, 592, 596, 603, 605, 612, 622,
privileges xii, 13, 176, 180, 261, 265, 626-627, 629, 637, 638, 640-641, 645,
283, 286, 380, 690 666, 669, 674, 684, 688-689, 694, 696,
probation iii, 21-24, 26-27, 398, 404, 698, 719-720, 730-731, 734
424-425, 433, 565-566 and development of children 626,
programming 211, 213, 215, 696, 627, 629
701, and welfare of children 246
locally-produced children’s television of disaster volunteers and national
213 service reserve corps 698
programs protection orders 370, 372-378, 380
children’s media 214 protective custody of child prostitutes
cooperative 229, 345 xvii, 596
disaster risk reduction 675, 692 Provincial Development Council 285
home-based 279, 280 Provincial Disaster Coordinating
national 297 Council 714
pre-departure counseling 317, 319 Provincial Disaster Operations Center
primary health care 288 714
recovery 704-705 Provincial ECCD Coordinating
prohibition xxi, 79, 92, 94, 103, 132, Committee 285, 286
228, 354, 370, 371, 431, 445, 457, 487, provisions 11, 13, 16-17, 19, 21, 25-
649, 650, 651 27, 31-32, 37, 41, 43, 45, 49, 50, 53,
promotion xv, 47, 173, 177-179, 206, 59, 62, 65, 68, 71, 90, 92, 97, 100, 103,
211, 214, 216, 226, 232, 235, 269, 273, 110, 118, 120, 132, 137-139, 149, 150,
288, 298-300, 302, 317, 322-323, 329, 153, 155, 159, 161-162, 165, 168-170,
333, 338, 341-342, 398, 410, 463, 469, 177-178, 180, 183-184, 187, 189-191,
472, 481, 485-486, 488, 506, 513, 540, 199, 203-204, 207, 217, 228, 234, 238,
585, 587-589, 593, 606, 608, 621 243, 245, 258-259, 265-267, 275-276,
prosecution 42, 113, 199, 214, 242, 290, 304-305, 319, 321, 324-325, 327,
243, 313, 318, 319-320, 421, 430, 442, 338-343, 346-348, 353, 356-357, 359-
450, 594, 703 360, 362, 364, 368, 370, 378, 385-386,
771
388, 395-396, 399, 404, 408-409, 430, Reduction and Management Councils)
432-434, 436-438, 442-443, 457-458, 689, 692, 693, 699
461, 468, 473-475, 479, 487, 490, 493, RDRRMOC (Regional Disaster
495, 497-498, 508, 511, 517, 521, 523, Risk Reduction and Management
525, 527, 528, 533, 534, 537, 541-542, Operations Center) 693
545-546, 553, 557, 561, 563, 564-566, re-education 119, 392, 470
568, 570, 573, 576, 583, 594-595, and training of health personnel 119,
609-610, 622, 659-661, 697, 699, 701, 392
705-706, 735-737 and training of health workers and
of facilities for breastmilk collection health institutions 470
and storage 119, 468 reclusion perpetua 126-127, 130, 138,
PSC (Philippine Sports Commission) 169, 196-198, 257, 454
182, 303 reclusion temporal 126-127, 138,
psycho-social services 359, 384 198, 454
PTCAs (parents-teachers community Recommended Dietary Allowances
association) 282, 302 (RDA) 269-270
Public Attorney’s Office (PAO) 374, Regional Disaster Coordinating Councils
406, 414-415, 422, 450, 610 692
public calamities xxi, 657, 659 Regional Disaster Risk Reduction and
Public Welfare Board ii, 11, 12, 97 Management Councils (RDRRMCs)
publicity 137, 313, 327, 410, 720 689, 692, 693, 699
punishment xv, 113, 403, 431, 444- Regional Disaster Risk Reduction
457, 499 and Management Operations Center
punong barangay 372, 375-382, 416, (RDRRMOC) 693
418, 420, 695, 698 regional offices 179, 298, 450, 693,
714
Q regional trial court 137, 162, 165, 206-
207, 359, 370, 373, 400
QRF (Quick Response Fund) 704- regulation of child and youth welfare
705 services 514
Quick Response Fund (QRF) 704- rehabilitation 68, 138, 155, 157, 248,
705 308, 322-323, 346, 358, 384, 397,
400-402, 408-433, 456-457, 512-518,
R 531, 535, 537-538, 565, 568-569, 571,
575, 597, 676, 682, 684, 687, 690, 711,
RA, see Republic Act 714-716, 744
rape xi, xii, 126, 195-199, 240-243, of children in conflict xxi, 427
262, 364, 368, 402, 429, 438, 447, services 248, 402, 429, 571
454, 521 reintegration 308, 321-323, 358, 397-
RDA (Recommended Dietary 400, 410, 419, 426, 429-430, 651
Allowances) 269-270 relatives 37, 197, 226, 372, 413, 428,
RDRRMCs (Regional Disaster Risk 439-440, 448, 450, 502, 515, 532-533,
552-554, 560, 576
772
INDEX
relief 30, 134, 205, 370-376, 382, 456, risk assessments 682, 695
527, 657-659, 661, 678, 689, 701-704, risk reduction
705, 711, 716, 734, 738, 744 dedicated disaster 696, 698
Republic Act (RA) 55, 58, 61, 64, 74, mainstream disaster 675
77, 82, 85, 88, 90, 92, 94, 95, 96, 99, risks 67-68, 190, 324, 327, 466, 472,
102, 105-106, 107, 112, 115, 122, 137, 590, 674, 677-684, 688, 690, 696
141, 143, 146, 149, 152, 154, 157, 159, roles of early childhood care xix,
172, 185, 191, 193, 195, 201, 204, 209, 621
219, 227-228, 240, 245, 261, 268, 277, rules and regulations 19, 21, 33, 49,
279, 292, 305, 307, 310, 312, 319, 322- 59, 70, 71, 75, 83, 86, 89, 90, 100,
326, 348, 350, 361, 363, 366, 388, 397, 111, 113, 120, 132, 139, 141, 144,
430, 436, 442, 444, 456, 460, 463, 465, 147, 157-158, 162, 165-170, 177-178,
467-468, 470, 472-474, 479, 576-577, 180, 184, 191, 199, 207, 212-217, 234,
605, 609, 618, 621, 643, 652, 665, 673, 238, 243, 266, 373, 258-259, 265-266,
689, 700, 703 271, 275-276, 286-287, 290, 304-305,
rescission 247, 255, 256, 315, 494- 315, 321, 324-325, 347-348, 359-362,
495 373, 384-386, 393, 399, 404, 434, 442,
residence 167, 250, 368-373, 515, 456, 458, 475, 480, 541, 544, 561,
522, 532, 576, 599-600, 711, 733 579, 591-601, 610, 620, 622, 652-653,
respiratory diseases xvi, 571-572 669-670, 706, 717, 719-722, 735, 737,
responsibilities 43, 89, 165, 180, 212, 743, 745
241, 247, 263, 281-283, 293, 296-297, implementing 147, 150, 157, 166,
389, 429, 464, 484, 486, 488, 503, 168, 170, 191, 207, 215-216, 234,
509, 522, 574, 590-591, 593, 606, 238, 243, 259, 266, 275, 286-287,
619, 643, 668, 670, 675, 680, 681, 290, 305, 324, 345, 359, 373, 386,
687, 731, 733 393, 399, 442, 458, 461, 706
restoration 203, 441, 511, 527-528, rules of court 166, 204, 242, 254, 378,
681-682, 734 492, 561, 597
restrictions 233, 331, 335-341, 404, rural health units (RHUs) 134, 266,
547 466
Revised Penal Code 51, 114, 126-131,
195, 228, 368-369, 379, 386, 401, 430, S
432, 457, 487, 500, 534, 542, 544,
564, 703 safety 385, 402, 419, 450, 482, 503,
revocation 191, 203, 226-227, 232, 505, 511, 645, 669, 678, 680, 701,
343, 371, 474, 495, 516-517, 703 716, 124, 131, 134, 135, 144, 187,
RHUs (rural health units) 134, 266, 189, 220, 241, 351-352, 354, 363, 366,
466 372, 380, 382
rights sanctions 120, 123, 130, 190, 214,
guardianship 522 226-227, 232, 275, 313, 351, 442, 445,
naming 339 456, 474, 594
reciprocal 255-256 Sangkap Pinoy Seal Program, (SPSP)
270-271, 273
773
school 109-110, 116-117, 124-127, 131-134,

age 8, 385 152, 160-163, 167, 174, 205-206, 220,
buildings 24 224, 228-229, 233-237, 241-242, 247-
children 92, 94-95, 102-103, 503, 249, 261-264, 274, 279-289, 293-295,
619 298-301, 308-323, 328, 359, 372-374,
curriculum 284, 301, 303, 638 381-395, 401-402, 412, 420, 424, 428-
education program 294, 301 438, 440, 451, 464-466, 469-472, 481,
sports 303 500-507, 514-517, 523, 531, 540, 543-
schoolbuildings 156-157 544, 568-569, 571-572, 574-575, 581,
schools 587, 593, 596-597, 600-616, 621-625,
industrial 21, 23-24 637, 651, 670, 675-682, 690, 704-
integrated 295, 300-302 705, 713-716, 720, 724, 734
intermediate 39-40, 92 active 724
private i, vi, 5-6, 61, 85, 103, 141, delivery of 284-287, 574-575, 675
147, 190, 223, 279, 504, 509 for trafficked persons 323
regular 100 operating 670
secondary 149, 504 testing 228
secret detention places 445, 448-449, sexual abuse 123, 125-127, 130-131,
455 241, 354, 447, 454, 529, 637-638
Secretary of Education 70, 85-88, slavery 308-312, 354
100, 103, 113, 147, 297, 300-305, smoking 327-347, 498
539, 731, 743 SNAP (Strategic National Action Plan)
Secretary of Finance 38-39, 113 323
Secretary of Health 47, 55, 74-75, 82, social development, comprehensive
88, 120, 152, 230, 237, 345, 347, 393, package of 264
474, 539, 544, 571, 731, 743 social services 133-134, 160, 205-206,
Secretary of Health and Public Welfare 220, 237, 279, 359, 372, 384, 428,
47, 55 433, 440, 464, 500-501, 568-569,
Secretary of Justice 407, 539, 603 574-575, 593, 596-601, 621, 625, 704,
Secretary of Labor 67-71, 78-79, 113, 713, 716
345, 357, 359, 480-482, 511-512, Social Services and Counseling Division,
539, 731 (SSCD) 205, 433
Secretary of Labor and Employment social services programs 279, 621
113, 345, 357 Social Welfare and Development 108,
Secretary of Social Welfare and 110, 125, 127, 130-131, 135-139, 160,
Development 407, 603, 622 205, 236, 241, 246, 261, 281-286, 317,
sentence 21-23, 26-27, 36, 121, 136, 320, 358, 366, 383, 402, 406-407, 411-
138, 203, 257, 262, 314, 344, 403-404, 418, 428, 430, 433, 436-437, 456, 475,
423-427, 433-434, 475, 535-537, 564- 603, 606, 615, 620, 622, 627, 638, 641,
566, 569-570, 703 652, 584, 693
service providers 278-288, 619 social workers 110, 205-206, 241, 248,
services 13, 31, 35, 52, 80, 92, 94, 100, 279, 372, 426
774
INDEX
society 18-21, 190, 230, 295, 308, 316, mutual rights of 554-555
322, 358, 402, 404, 410, 472, 484-488, successors 5, 43-44, 211, 659
505, 571-572, 608, 613, 616, 631, 633, supervision 9-10, 19, 21-22, 27, 36,
637, 649-650, 675-700, 711, 739, 43, 47, 61, 70, 74, 82, 96, 99, 105, 108,
solo parents 261-266 124, 136, 144, 162, 167, 205, 210, 281-
special protection of children 122, 282, 296-297, 300, 323, 352, 395, 398,
143, 204, 325, 350, 603 406, 420, 423, 428, 438, 497, 517, 521,
specialists, child development 211 524, 534, 536, 563, 565, 569, 619, 668,
sponsorships 327, 340-341 670, 687, 719-720, 722, 725
sports 113, 132-135, 141-142, 147, support of trafficked persons 307
150, 154-155, 182, 190, 223, 235, 262, Supreme Court 202, 204-207, 232,
281, 292, 296-297, 303, 314, 317, 339, 424, 428, 433-434, 461
503, 627, 638, supreme court rule on juveniles in
spouse 165, 197, 202, 232, 250-254, conflict 424, 428
262, 263, 313, 318, 365, 487, 491, 494- surname 254, 361, 494-495, 549
500, 547, 556, 561, 576, 600 surrender 18-19, 371, 521, 528
SPSP (Sangkap Pinoy Seal Program) survival 123-125, 132-133, 277-278,
270-271, 273 351, 389, 392, 464, 581-583, 605, 612,
SSCD (Social Services and Counseling 624, 626-627, 629, 678, 711, 731
Division) 205, 433 suspension 36-37, 79, 120, 138, 169,
staff development, professional 299 203, 226-227, 232, 258, 275, 404,
standards 44, 108, 110, 117, 119, 157, 423-424, 442, 474-475, 516-517, 535,
186, 188, 213-216, 228-229, 271, 275, 564-565, 569-570
278-287, 293, 297-301, 390, 394, 398, of sentence and commitment of youthful
409-410, 445, 466, 468-469, 473, 482, offender 535, 564, 569
587, 589, 592, 614, 616, 668, 674, 680, syndicate 125, 169, 257, 312, 315
688, 690-691, 695, 703 system
statement 166, 270, 272, 332, 334, for early childhood care and
373, 377, 415, 444, 450, 591-592, development 277-278, 605
705, 731, 736 of Filipino Muslim laws 546
stepparent 129, 138
Strategic National Action Plan (SNAP) T
323
streetchild 129, 400 TBAs (Traditional Birth Attendants)
student organizations 509 119, 390, 470
study and development of Filipino teachers 99-100, 102-103, 105, 109,
children and youth 85-86 146, 150, 224, 277, 279, 282, 286, 294,
submission of comprehensive media 296, 300-302, 619
program for children 214 of special and exceptional children
subsection 67-70, 78-79, 232, 345 99, 105
succession 43, 59, 255-256, 494, 549, Technical Education and Skills
553-557, 576-577, 659 Development Authority (TESDA)
775
223-224, 262, 264-266, 321, 407, 471, victims of 451, 453, 456-457
475, 699 total development 107-110, 261, 280,
technologies 189, 215, 274, 345, 297, 488, 582-583
696 and protection of children 107-110
Technology and Livelihood Resource T P O ( Te m p o r a r y P r o t e c t i o n
Center (TLRC) 186 Order) 370, 372-376, 378
television 137, 144, 193, 209-217, trades 187-188, 508, 725
313, 328-329, 335, 337-338-340, 352, Traditional Birth Attendants (TBAs)
439, 508-509, 643-644, 688 119, 390, 470
children’s 209-210, 213-217, 644 trafficked persons 307-308, 311,
programs 209-210, 213-216 315-324
children’s 213-214, 216 trafficking 125, 127-128, 130-131,
high quality children’s 216 161, 163, 169, 257, 307-308, 311-322,
local children’s 214 324, 354, 356
temporary custody of child 205, 526 acts of 310, 316, 319
temporary protection order (TPO) 370, promoting 311
375 training
termination 23, 26, 203, 228, 232, 246, facilities 426-427
250, 359, 375, 379, 405, 418, 422, 427, institution 535, 537, 564-565, 569,
446, 449, 468, 486, 522, 524 691
TESDA (Technical Education and Skills transitory provisions 207, 432
Development Authority) 223-224, transparency 296, 674
262, 264-266, 321, 407, 471, 475, transport 66, 310-311, 336, 354, 380,
699 395, 725
testing 189, 220-223, 226-231, 234, transportation 22, 308, 322, 329, 467,
254, 374, 390-395, 405 638, 670, 685, 713, 720, 724
textbooks 32-33, 304 treatment 10, 69, 79, 124, 134, 187,
threat 123-126, 134, 196, 204, 220- 224, 231, 235, 271, 346, 369, 384, 391,
221, 308-310, 351, 363-365, 367-368, 401-403, 408, 413, 415, 419, 426, 429-
370, 383, 431, 445, 448-450, 512, 613, 430, 444-446, 449, 451-454, 457, 484,
645, 677-682 500, 502, 515, 519, 528, 530, 535, 564,
TLRC (Technology and Livelihood 571-572, 597, 640-641, 677, 734
Resource Center) 186, 190 degrading 444-446, 449, 452-454,
tobacco 132, 326-347, 356 457
advertisements 327, 336-338 treaty obligations 409, 622, 689
manufacturers 329, 337 country’s disaster management 689
products 327-333, 336, 338-339, 341- trial 137, 160, 162, 165, 167-168, 202,
343 206-207, 242, 248, 253-254, 313, 359,
promotions 329, 338 370, 373, 377-378, 400, 422-423, 433,
torture 134, 403, 421, 445-457 448, 492-493, 527, 535, 568, 599,
act of 446, 452-454 601, 610
victim of 450 trial custody 167-168, 492, 601
776
INDEX
period 160, 248, 253, 492-493, 599, administration of 108

601 veterans administration in Manila 31
supervised 160, 248, 253, 492, 601 Vi c e C h a i r p e r s o n f o r D i s a s t e r
trust fund 288, 316, 353, 358, 704 Preparedness 684
trustees 3-4, 85-86, 357, 571-572 Vice Chairperson for Disaster Prevention
and Mitigation 684
U Vi c e C h a i r p e r s o n f o r D i s a s t e r
Rehabilitation and Recovery 684
UCI (Universal Child Immunization) Vice Chairperson for Disaster Response
624-625, 629 684
UCMI (Universal Child and Mother victim 124, 126-127, 130, 138, 197-
Immunization) 629-630 198, 205, 240-242, 309, 319, 323-324,
ULAP (Union of Local Authorities of 358-359, 363-366, 370, 374, 379-386,
the Philippines) 686 402, 404, 419, 446, 448-452, 454-457,
UNICEF (United Nations Children’s 504, 641, 686, 702, 716, 734, 744
Fund) 88, 466, 624-625, 643 disaster 686, 702
Union of Local Authorities of the of violence 366-367, 379, 383, 385-
Philippines (ULAP) 686 386
United Nations (UN) 88-89, 123, 179, violation 15, 17, 19, 21, 23, 26-27,
193, 201, 246, 308, 351, 398, 404, 430, 52, 64, 71-72, 77, 80, 103, 120, 122,
466, 581, 624-626, 629, 643,739 131-132, 137-138, 157, 162, 168, 191,
United States 3, 5-6, 30, 657-658, 204, 214, 232, 256-257, 275, 307, 313,
660 316, 343-344, 357-358, 374, 377-378,
units 410, 432, 442, 456, 474, 526, 528-529,
guard duty 728 541, 544, 585, 594, 610, 637, 663-664,
local 719-720 670, 703
local government health 615-616 of sections 343-344
local health 615 violators 191, 214, 594,
task 741 violence 126, 132, 204, 214-215,
universal child 629-630 255, 308-310, 356, 363-366, 368,
Universal Child and Mother 370-371, 373, 376-379, 381-386, 414,
Immunization (UCMI) 629-630 445, 508
Universal Child Immunization (UCI) voluntary commitment 164, 203, 441,
624-625, 629 522, 525, 527
universities 61, 85-86, 103, 330, 345 volunteer guard 720, 722-724, 727-
unmarried mothers 501 728
volunteers 109, 227, 279, 675, 687,
V 692, 696, 698-699
vulnerabilities 674, 677, 680-681,
vaccine-preventable disease cases 690, 696
613-614, 616
vaccines
777
W development 85, 172-174, 178, 182-

183, 579
welfare international 179
council 397, 406, 610, marginalized 647-648
of children 123, 170, 201, 211-212, offender to court 537
246, 259, 283, 351, 383, 393, 403, organizations 175, 178-179, 216,
407, 411, 442, 461, 502, 506-507, 408, 412, 638
539-541, 544, 572, 583, 599, 604- out-of-school 699
606, 614-615, 621-622, 627, 638, parliament 181-182
641, 652-653 participation 581-583, 699
in conflict 652 patriotism 398, 631, 633
on children and youth 541 promotion 177-178
services 80, 248, 264, 428, 514 rehabilitation center 402, 422,
system 397-398, 401, 409, 413, 609 429-430, 433
wills 555 speaker 582-583
witness protection program 319 welfare 160, 203, 343, 413, 436, 483-
woman 484, 489, 502, 504-507, 509-510,
and child labor law 479 514, 540-541, 563, 568, 571, 581,
employee 480-482 583, 599
women rape victims 242 Youth Batasang Pambansa 582-583
working children 131-132, 355, 358, youth-serving organizations 175-176,
511-513, 649 179
working procedures 745 youthful offender 205, 534-538, 563-
workshops 155, 179 566, 568, 569, 570
World Health Organization (WHO) to court 565
612-613, 624-625, 629
World Summit for Children 626,
629, 640
worst forms of child labor 350, 354,
649-651
Y
young children 108, 175, 278-279,
472, 605-607, 618, 621, 624
needs of 279, 621
youth 85-87, 631, 633, 638, 647-648,
170, 172-173, 177-181
affairs 180, 182-183
associations 507-509
detention homes 205, 423, 427
778

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Republic of the Philippines

the welfare and protecon of children

This compilaon of Philippine laws and execuve issuances

This book contains the laws and execuve issuances of diﬀerent

Execuve issuances are those promulgated by the President

This book is the ﬁrst of a series of topical compilaons of laws

I acknowledge the reless eﬀorts devoted into the producon

FELICIANO BELMONTE, JR.

ACT NO. 1670 3

ACT NO. 2490 5

ACT NO. 2782 8

ACT NO. 2815 9

ACT NO. 2988 12

ACT NO. 3029 14

ACT NO. 3071 15

ACT NO. 3094 18

ACT NO. 3203 21

ACT NO. 3559 26

ACT NO. 3725 27

ACT NO. 3799 29

ACT NO. 3854 30

ACT NO. 4139 32

ACT NO. 4209 34

COMMONWEALTH ACT NO. 99 36

COMMONWEALTH ACT NO. 381 39

COMMONWEALTH ACT NO. 473 41

COMMONWEALTH ACT NO. 542 43

COMMONWEALTH ACT NO. 701 47

COMMONWEALTH ACT NO. 704 49

BATAS PAMBANSA NO. 92 51

BATAS PAMBANSA NO. 232 52

REPUBLIC ACT NO. 19 55

REPUBLIC ACT NO. 30 58

REPUBLIC ACT NO. 124 60

REPUBLIC ACT NO. 679 64

REPUBLIC ACT NO. 731 74

REPUBLIC ACT NO. 1131 77

REPUBLIC ACT NO. 1340 82

REPUBLIC ACT NO. 3458 85

REPUBLIC ACT NO. 4085 88

REPUBLIC ACT NO. 4206 92

REPUBLIC ACT NO. 4725 94

REPUBLIC ACT NO. 4881 96

REPUBLIC ACT NO. 5546 102

REPUBLIC ACT NO. 6067 105

REPUBLIC ACT NO. 6972 107

REPUBLIC ACT NO. 7323 112

REPUBLIC ACT NO. 7600 115

REPUBLIC ACT NO. 7610 122

REPUBLIC ACT NO. 7624 141

REPUBLIC ACT NO. 7658 143

REPUBLIC ACT NO. 7797 146

REPUBLIC ACT NO. 7798 149

REPUBLIC ACT NO. 7846 152

REPUBLIC ACT NO. 7880 154

REPUBLIC ACT NO. 8043 159

REPUBLIC ACT NO. 8044 172

REPUBLIC ACT NO. 8172 185

REPUBLIC ACT NO. 8296 193

REPUBLIC ACT NO. 8353 195

REPUBLIC ACT NO. 8369 201

REPUBLIC ACT NO. 8370 209

REPUBLIC ACT NO. 8504 219

REPUBLIC ACT NO. 8505 240

LAWS & EXECUTIVE ISSUANCES: WELFARE AND PROTECTION OF CHILDREN and DISASTER RESPONSE MANAGEMENT (1907-2010)

LAWS & EXECUTIVE ISSUANCES: WELFARE AND PROTECTION OF CHILDREN and DISASTER RESPONSE MANAGEMENT (1907-2010)

the welfare and protecon of children

This compilaon of Philippine laws and execuve issuances

This book contains the laws and execuve issuances of diﬀerent

Execuve issuances are those promulgated by the President

This book is the ﬁrst of a series of topical compilaons of laws

I acknowledge the reless eﬀorts devoted into the producon