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Republic of the Philippines

3
2 OFFICE OF THE SANGGUNIANG BAYAN
4EXCERPT FROM THE COMMITTEE ON REGULAR
MINUTES OF THE _____ WOMEN ANDOFCHILDREN’S
SESSION WELFARE
THE 11 th SANGGUNIANG BAYAN OF ALABEL HELD
5ON __________________ AT THE SB SESSION HALL, ALABEL, SARANGANI MUNICIPALITY OF ALABEL.
6 Alabel, Sarangani Province
7 DRAFT ORDINANCE NO. 2017-______
Municipal Complex, Poblacion, Alabel, Sarangani Province
Tel. No. (083) 508-2118

8-----------------------------------------------------------------------------------------------------------------------------------------------
9 Principal Authored by: HON. RONNEL SALDUA ESPANOL, MPA
10 Sponsored by: COUNCILOR MARIVIC O. FLORES, RN
11 Co-Sponsor: COUNCILOR IRISH LOUIE ARNADO BENOLA, RN
12 Co-Sponsor: COUNCILOR JOEL E. ATON
13 Co-Sponsor: COUNCILOR PAUL ALLEN B. VILLAMORA
14 Co-Sponsor: COUNCILOR JIMMY A. CATULONG
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16

17“AN ORDINANCE ESTABLISHING A COMPREHENSIVE WELFARE


18PROGRAM FOR THE SURVIVAL, DEVELOPMENT, PROTECTION AND
19PARTICIPATION OF CHILDREN IN THE MUNICIPALITY OF ALABEL,
20PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES.”
21

22
23 BE IT ORDAINED by the 12th Sangguniang Bayan of Alabel, Sarangani Province,
24that:
25
26 ARTICLE I
27 TITLE, STATEMENT OF POLICIES, PRINCIPLES AND DEFINITION OF TERMS
28
29Section 1. TITLE. The ordinance shall be known as the “ALABEL CHILDREN’S
30WELFARE CODE OF 2017.”

31Section 2. STATEMENT OF POLICIES AND PRINCIPLES. The Municipality of Alabel


32recognizes its role in promoting and protecting children’s rights, thus compliments the
33implementation of the United Nations Convention on the Rights of the Child (CRC) in 1990:
34which binds national and local governments to synchronize development plans and
35operations with the child as the local beneficiary. The municipality also distinguishes the
36vital role of children and youth in nation building and shall promote and protect their
37physical, moral, spiritual, intellectual and social well- being.

38Alabel Municipality also recognizes the importance of fully enhancing and institutionalizing
39the child’s survival, development, protection and participation rights within the framework of
40advancing their general welfare in furtherance of integrated, sustainable and equitable
41development. Therefore, it shall be made as a policy of the Local Government Unit of Alabel
42to:
43 i. Give primary concern with corresponding intervention to the rights of children for
44 survival, development, protection and participation;
45 ii. Respect and support to the role of the family in providing sufficient education and other
46 basic needs for the children;
47 iii. Support the efforts of child care and development workers that nurture and care for
48 children from conception to adolescence;
49 iv. Adopt a comprehensive approach in a holistic protection and development of all children
50 through a strong partnership between and among government agencies, non-
1 ALABEL CHILDREN’S WELFARE CODE OF 2017
51 government organizations and other stakeholders serving with the highest degree of
52 professionalism and competence in the atmosphere of unity, solidarity and teamwork;
53 v. Advocate for children’s rights and promote their welfare and development; and
54 vi. Improve the quality of life of children by enabling them to fully develop their potentials
55 and participate in community development and nation building.
56It shall further be the policy of the Municipality of Alabel that allocation of resources for
57the achievement of goals for the survival, development, protection and participation of
58children is assured at all times. It is, therefore, imperative that said programs be among
59the priorities in terms of planning, budgeting and expenditures.

60
61Section 3. DEFINITION OF TERMS. For purposes of this Ordinance, the following terms
62and phrases are hereby theoretically and operationally defined as follows:
63
64a. Adolescent. Refers to period in human growth and development that occurs after
65 childhood and before adulthood, from ages 10 to 19.
66
67b. Anti-Social Related Activities. Are those acts against property, chastity and person
68 which include but not limited to the following:
69
70  Petty crimes such as snatching, shoplifting, misrepresentation;
71  Using and pushing prohibited drugs, selling illegal or lewd reading materials;
72  Pimping for young or old prostitutes, doing or participating in obscene show;
73  Gambling of any form;
74  Rape and incest;
75  Unjust and inhuman manner of eviction and demolition; and
76  Any other circumstances as defined in the existing laws; (R.A. 7610)
77
78c. Barangay Civil Registration System (BCRS). Refers to the strategy to facilitate civil
79 registration at the community level where the Barangay Officials will assist in the civil
80 registration work. It is also a systematic process of monitoring and reporting vital events
81 particularly, birth, death and marriage;
82
83d. Bullying. Refers to any severe or repeated use of a written, verbal or electronic
84 expression, or a physical act or gesture, or any combination thereof by one or more
85 student directed at another student that has the effect of actually causing or placing the
86 latter in reasonable fear of physical, psychological or emotional harm or damage to his or
87 her property; creating a hostile environment at school to other students; infringing on the
88 rights of another student at school; materially or substantially disrupting the education
89 process or the orderly operation of the school, home and other premises.
90
91 Some forms of bullying are:
92 Cyber-bullying – or any bullying done through the use of technology or any electronic
93 means. The term shall also include any conduct resulting to harassment and
94 intimidation, through the use of other forms of technology, such as, but not limited to
95 texting, email, instant messaging, chatting, internet, social media, online games, or
96 other forms or formats as defined in DEPED Order No. 40 s 2012;

97  Social bullying – refers to any deliberate, repetitive and aggressive social


98 behavior intended to hurt others or to belittle another individual or group;

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99  Gender-based bullying – refers to any act that humiliates or excludes a person
100 on the basis of perceived or actual sexual orientation and gender identity.
101 (DepEd Order No. 55 s 2013).
102
103e. Child. Refers to any person below eighteen (18) years of age or over who, upon
104 evaluation of a qualified physician, psychologist or psychiatrist, is found to be incapable
105 of taking care of himself/herself fully from abuse, neglect, cruelty exploitation or
106 discrimination because of a physical or mental disability or condition;
107
108f. Child Chores. Refers to household chores which suits to the age of a child and
109 capability such as but not limited to, dishwashing, sweeping, cooking, cleaning and other
110 common household chores;
111
112g. Child Friendly Space (CFS). Places designed and operated in a participatory manner,
113 where children affected by natural disasters or armed conflict can be provided with a
114 safe environment, where integrated programming including play, recreation, education,
115 health, sanitation and hygiene, and other psychosocial support can be delivered and/or
116 information about services/supports provided;
117
118h. Child in Conflict with the Law (CICL). Refers to a child who is alleged as, accused of,
119 or adjudged as having committed an offense under Philippine laws;
120
121i. Child Labor. Any work performed by a child that subject a child to economic exploitation
122 or that is likely to be hazardous for the child or that interferes with the child’s education or
123 that is harmful to the child’s health or physical, mental, spiritual, moral or social
124 development;
125
126j. Child Protection. Refers to the measures, structures and activities that ensure the
127 prevention and response to abuse, neglect, exploitation and violence affecting children. It
128 includes the promotion of their development and psychological well-being. It also refers
129 to the prevention and response to all forms of abuse, exploitation, violence and neglect
130 towards children;
131
132k. Children Affected by Armed Conflict (CAAC). Refers to all children population
133 experiencing or have experienced armed conflict;
134
135l. Children in Need of Special Protection (CNSP). Refers to a child who, for shorter or
136 longer periods in his or her life, is exposed to intense, multiple risk to his or her physical
137 and mental health. Further refers to a child-victims/survivors of physical, psychological
138 and sexual abuse, neglected, abandoned, orphans, refugees, displaced children,
139 children using addictive substances, differently-abled children, children in conflict with
140 the law (CICL), children in situation of armed conflict, juvenile delinquent and working
141 children;
142
143m. Children in Situation of Armed Conflict (CSAC). Refers to all children involved in
144 armed conflict or CIAC; children affected by armed conflict or CAAC and internally
145 displaced children or IDC;
146
147n. Children Involved in Armed Conflict (CIAC). Refers to children who are either forcibly,
148 compulsory recruited or who voluntarily joined in any governmental armed forces or any
149 armed group in any capacity to participate directly in armed hostilities as combatants or
150 as fighters or take support roles such as but not limited to scouting, spying, sabotaging,
151 acting as decoys, assisting in checkpoints, being couriers, messengers, porters or cooks
152 and being used for sexual purposes;

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153
154o. Commercial Sexual Exploitation of a Child. Engaging in any act of child prostitution,
155 pornography or trafficking of children for sexual purposes;
156
157p. Corporal Punishment. Consists of punishment or penalty for an offense and/or acts
158 carried out for the purpose of discipline, training or control; inflicted by an adult, or by
159 another child who has been given/assumed authority or responsibility over the child;
160
161q. Diversion. Refers to alternative child-appropriate process of determining the
162 responsibility and treatment of a child in conflict with the law on the basis of his/her
163 social, cultural, economic, psychological or educational background without resorting to
164 formal court proceedings;
165
166r. Exclusive Breast Feeding. Giving breast milk alone with no other foods or drinks, not
167 even water with the exception of vitamins and medicine drops;
168
169s. Forced Labor or Slavery. Refers to extraction of work or services from any person by
170 means of enticement, violence, intimidation or threat, used of force, coercion, including
171 deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or
172 deception
173
174t. Guardian. Refers to a person exercising substitute parental authority over a child. It also
175 refers live-in partner of the biological and/or adoptive mother or biological and /or
176 adoptive father of the child;
177
178u. Health Care Providers. Are those institutions or individuals that provide related health
179 care and paramedical services;
180
181v. Hilot. Refers to the traditional birth attendant, trained or untrained and community based
182 provider of care during pregnancy, child birth and neonatal period. Under the MNCHN
183 strategy, they are made part of the health system as members of the community health
184 teams and served as advocates of skilled health professional care;
185
186w. Internally Displaced Children (IDC). Refers to children whether separated or together
187 with their families, who have been forced or obliged to flee or to leave their homes or
188 places of habitual residence in particular as a result of or in order to avoid the effects of
189 armed conflict;
190
191x. Madrasah or Madaris. Refers to Muslim private schools with core emphasis on Islamic
192 studies and Arabic literacy.
193
194y. New Born Screening. Refers to a simple procedure to find out if the baby has a
195 congenital metabolic disorder that may lead mental retardation and even death if left
196 untreated;
197
198z. Parents. Refer to the biological mother and father of a child. It also refers and applies to
199 an adoptive parent of a child;
200
201aa. Persons with Disabilities. Refers to individuals who have physical disabilities and
202 mental incapacity; look for reference in the Magna Carta for PWDs. RA 7277 reference -
203 Disabled Persons are those suffering from restriction of different abilities, as a result of a mental,
204 physical or sensory impairment, to perform an activity in the manner or within the range
205 considered normal for a human being; Disability shall mean (1) a physical or mental impairment
206 that substantially limits one or more psychological, physiological or anatomical function of an

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207 individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded
208 as having such an impairment; PWD and Disabled Persons are used interchangeably.
209
210bb. Physical Abuse of Child. Refers to any act of violence that results in injury or death of a
211 child such as, but not limited to beating, mutilation and wounding;
212
213cc. Positive Discipline. Non-violent and respectful of the child as a learner. It is an
214 approach to teaching that helps children succeed, gives them the information they need
215 to learn and support their development;
216
217dd. Principle of Parens Patria. Refers traditionally to the role of state as sovereign guardian
218 of persons under legal disability. It is a concept of understanding utilized to protect those
219 quasi-sovereign interests such as health, comfort and welfare;
220
221ee. Prostitution. Refers to any act, transaction, scheme or designs involving the use of a
222 person by another, for sexual intercourse or lascivious conduct in exchange for money,
223 profit or any other considerations;
224
225ff. Sex Tourism. Refers to a program organized by travel and tourism-related
226 establishment and individual which consist of tourism package or activities, utilizing and
227 offering escort and sexual services and practices offered;
228
229gg. Sexual Abuse of a Child. Any contact or interaction between a child and an older or
230 more knowledgeable child or adult where the child is used as an object for the older child
231 or adult in sexual gratification, such as but not limited to rape, acts of lasciviousness and
232 sexual harassment.
233
234hh. Sexual Exploitation. Refers to participation by a person in prostitution or the production
235 of pornographic materials as a result of threat deception, coercion, abduction, force,
236 abuse of authority, debt-bondage, fraud or through abuse of victim’s vulnerability;
237
238ii. Skilled Birth Attendant. Refers to skilled health professional attended deliveries such
239 as Doctor, mid wives and nurses;
240
241jj. Trafficking in Person. Refers to the recruitment, transportation, transfer or harboring, or
242 receipt of a person with or without the victim’s consent or knowledge, within or across
243 national borders by means of threat or use of force, or other forms of coercion,
244 abduction, fraud, deception, abuse of power or of position, taking advantage of the
245 vulnerability of the person, or, the giving and receiving of payments or benefits to
246 achieve the consent of the person having control over another person for the purpose of
247 exploitation which includes at a minimum, the exploitation or the prostitution of other
248 forms of sexual, force labor or services, slavery, servitude or the removal or sale of
249 organs.
250
251 ARTICLE II
252 SURVIVAL AND DEVELOPMENT RIGHTS OF THE CHILD
253
254Section 4. SURVIVAL RIGHTS OF THE CHILD. The survival rights of the child shall deal
255with the parental and governmental duties and obligations inherent to children’s right to life,
256right to name, nationality and identity, adequate standard of living and access to basic health
257services, social security and rehabilitation. The survival rights of the child are the following:
258
259 i. Right to Life. Every child has the inherent right to life and the right to be born well
260 from the moment of conception to birth. The Municipality of Alabel shall ensure the
261 maximum extent possible to the survival of the child is given utmost priority.

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262 ii. Right to Name, Nationality and Identity. The child has the right to be registered
263 immediately at birth and shall have the right from birth to name, to acquire nationality
264 and as far as possible to know his or her parents and be cared by them. The child
265 also has the right to preserve his or her identity, including nationality, name and
266 family relations.
267 iii. Right to Health. The child has the right to the highest standard of health and medical
268 care attainable.
269 iv. Right to Adequate Standard of Living. Every child has the right to a standard of
270 living adequate for his or her physical, mental, spiritual, moral and social
271 development.
272 v. Right to Parental Care and Support. The child has the right to live with and be
273 cared for and supported by his or her parents unless this is deemed incompatible
274 with the child’s best interest.
275
276Section 5. DUTIES AND RESPONSIBILITIES OF PARENTS AND GUARDIANS. To
277ensure the survival of the child, all parents and guardians shall perform the following duties,
278roles and responsibilities, to wit:
279
280a. All persons who intend to have a child shall exercise responsible parenthood and family
281 planning;
282
283b. All pregnant/expectant mothers shall undergo complete pre-natal and post-natal check-
284 up. They shall seek delivery of their baby in any health facilities;
285
286c. All mothers of children aged 0-6 months old must exclusively breastfeed their children,
287 complementary food shall be given from 6 months onwards;
288
289d. In cases of mothers not able to breastfeed, an infant especially under 6 months old shall
290 be exhaustively provided with feeding such as ‘Wet Nurse’ or appropriate milk substitute.
291
292e. Parents and guardians must ensure that their neonates must undergo newborn
293 screening;
294
295f. Parents and guardians shall ensure that all infants received the minimum immunization
296 services provided by the government thru National Immunization Program or their
297 equivalent immunization services obtained from private service providers within the first
298 year of life;
299
300g. Parents and guardians shall keep their children in their custody and must provide
301 adequate support for their food, clothing, shelter, medical needs and education.
302
303Section 6. DUTIES AND RESPONSIBILITIES OF PHYSICIANS, NURSES, MIDWIVES
304AND OTHER HEALTH CARE PROVIDERS. It shall be the responsibility of all doctors,
305nurses, midwives and other health care providers to provide quality pre-natal and post-natal
306care. They shall also exercise due diligence in ensuring the safe delivery of the child through
307implementing the Essential Intrapartum Newborn Care (EINC) and provide other newborn
308care services like Hepatitis B immunization, Newborn Screening and the like. They shall also
309educate parents on proper care and nutrition of the child. Concerned Health Personnel in
310attendance at birth or the parents of the newborn child shall have the duty to register the
311birth of the newborn at the Municipal Local Civil Registrar.
312
313Section 7. DUTIES AND RESPONSIBILITIES OF THE MUNICIPAL AND BARANGAY
314GOVERNMENTS. The Municipality of Alabel, including its component barangays, shall
315ensure that no child is deprived of his or her right to proper health care services and pursue

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316full implementation of this right. It shall provide adequate assistance and protection with a
317view of re-establishing his or her family, if necessary. The Municipality of Alabel shall place
318special emphasis on the provisions of primary and preventive health care, public health
319education and the reduction of maternal, infant and child mortality and encourage inter-
320agency cooperation.
321
322Section 8. PROGRAMS AND SERVICES. To promote and ensure the child’s basic right to
323survival, the Municipality of Alabel shall institute mechanisms to provide the following
324programs and services, however, Constitutional Rights of Parents and Child consistent with
325the Principle of Parens Patria and other religious freedoms shall be respected:

326 8.1 Mobile Civil Registration


327 a. All children must be registered at birth;
328 b. The municipality shall conduct one day free birth registration every year;
329 c. Barangay Civil Registration campaign; and
330 d. Monitoring of registration of births at barangay level.

331 8.2 Essential Health Care Packages for Mothers, the Unborn and Under Five
332 Children:
333
334 Antepartum:
335 a. Quality Pre-natal care of all pregnant women;
336 b. Provision of Tetanus Toxoid Immunization;
337 c. Micronutrient Supplementation;
338 d. Early detection and management of complication or monitoring of high-risk
339 pregnancies for immediate referral to proper tertiary or secondary hospital for
340 competent obstetrical and pediatric medical care for mother and child who are
341 at risk;
342 e. Treatment of diseases and other conditions;
343 f. Dental Health;
344 g. STD/HIV and AIDS prevention and management;
345 h. Laboratory services such as blood typing, hemoglobin determination and
346 urinalysis;
347 i. Counseling and referral for pregnant women; and
348 j. Promotion of the importance of First 1,000 days of life.

349 Intrapartum:
350 a. All pregnant women shall deliver in Alabel Birthing Home, municipal- managed
351 barangay birthing homes and other accredited birthing facilities and duly
352 attended by skilled birth attendants;
353 b. Complicated pregnancies and deliveries shall be referred and attended by
354 appropriate hospital or medical centers under Service Delivery Network (SDN)
355 scheme;
356 c. Provision of Essential Intrapartum Newborn Care (EINC) including, but not
357 limited to, Hepatitis B and BCG immunization;
358 d. Compulsory compliance of new-born screening as provided under RA No.
359 9288, otherwise known as the “Newborn Screening Act of 2004” which states
360 that all newborn babies should undergo newborn screening to determine
361 congenital metabolic disorder within twenty four (24) hours and seventy two
362 (72) hours after birth but not less than twenty four (24) hours from birth.
363
364 Postpartum:
365 a. Micronutrient supplementation to postpartum mothers; and
366 b. Postpartum visit by the midwife within seventy two (72) hours.

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367 Under Five Children:
368 a. Exclusive breastfeeding up to six (6) months and appropriate complementary
369 feeding six (6) months onwards and encourage mothers to continue
370 breastfeeding up to two years (2);
371 b. Micronutrient supplementation;
372 c. Complete immunization of children before reaching one year old;
373 d. Integrated Management of Common Child Illnesses (IMCI);
374 e. Mass Drug Administration of deworming pills;
375 f. Nutrition surveillance through Operation Timbang Plus (OPT Plus); and
376 g. Dental Health.
377
378 8.3 Adolescent Health and Youth Development
379 a. Supplemental immunization for targeted school age children;
380 b. Access to information and services related to the following:
381  Prevention of teenage pregnancies
382  Sexually transmitted infections and HIV/AIDS
383 c. Services for teenage mothers, pregnant girls as well as promotion of sexual
384 health and rights.
385
386 8.4 Other Health Services
387
388 a. Combat HIV/AIDS and other communicable diseases;
389 b. Establishment of Water and genderized Sanitation facilities in all health
390 centers, Child Development Centers, Schools and other public/private
391 establishments following appropriate building designs and standards;
392 c. Establishment of lactating station/breastfeeding room in public/private offices
393 and establishments;
394 d. Establishment of Women and Children Protection Unit in Municipal Health
395 Office, public and private hospital;
396 e. Family Planning Services.
397
398 8.5 Advocacy
399
400 a. Information, education and dissemination on various health services;
401 b. Advocacy for healthy lifestyle such as, but not limited to, anti-smoking
402 campaign, physical fitness activities, backyard gardening or organic farming;
403 c. Continuous advocacy on Infant and Young Child Feeding (IYCF) through
404 continuous capacity building to community-based breastfeeding support
405 groups, mothers, health workers; and inclusion of IYCF to school curricula.
406
407 8.6 Data Banking
408
409 a. Field Health Services Information System (health Indicators);
410 b. Integrated Clinic Information System (iClinicSys);
411 c. Integrated Tuberculosis Information System (ITIS);
412 d. Philippine Malaria Information System.
413
414 8.7 Health Facilities Development
415
416 a. Establishment and PhilHealth accreditation of birthing facilities on strategic
417 areas;

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418 b. Establishment of Half Way Home for high risk pregnant women from
419 distant/interior areas;
420 c. Upgrading of Municipal Health Center, Barangay Health Stations, Birthing
421 Homes and Satellite Health Centers;
422 d. Improvement and accreditation of rural health units and other health facilities;
423 e. Public and private partnership for establishment of health facilities and
424 services.
425
426Section 9. Development Rights of the Child. Pertains to the access of a child to
427educational opportunities, access to relevant information, play, leisure, cultural activities and
428the right to freedom of thought, conscience and religion. The development rights of the child
429are the following:
430
431 i. Right to Information. The child has the right to appropriate information
432 especially those aimed at the promotion of his or her social, spiritual and moral
433 well-being and physical and mental health.
434
435 ii. Right to leisure, recreational and cultural activities. The child has the right to
436 rest, play in a safe environment and to actively participate in cultural, artistic and
437 other recreational activities.
438
439 iii. Right to education. The child has the right to education. This right shall
440 include the right to avail of early childhood care and development (ECCD)
441 programs, primary, secondary, tertiary education and other educational
442 opportunities appropriate to the evolving capacity of the child. Scholarships,
443 grants and other incentive programs shall ensure allocation for IP’s, PWDs, and
444 OSY.
445
446 iv. Freedom of thought, conscience, culture and religion. The right of a child to
447 his or her spiritual well -being, conscience and thought shall be encouraged
448 without discrimination and ensure full respect to his or her religion and belief. The
449 cultures, traditions and institutions of indigenous cultural communities shall be
450 recognized, respected and protected.
451
452 v. Right of children with special needs to special education. Children with
453 special needs (CSN) shall have access to quality education that best meet their
454 needs through special education centers and facilities.
455
456Section 10. Duties, Roles and Responsibilities.
457
458 10.1 Parents and Guardians. To ensure that children are given all opportunities to
459 develop their full potentials, all parents and guardians shall perform the following
460 responsibilities:
461
462 a. Ensure that their children 3-4 years old participate in any early childhood care
463 and development services available in their area;
464 b. Ensure that their school-age children are enrolled in Kindergarten to 12;
465 c. Monitor their children’s attendance and performance in school;
466 d. Actively participate in parents association and other school and community
467 activities that promote child’s potentials, talents and skills.
468 e. Encourage and monitor the involvement of their children in wholesome
469 recreational, cultural and artistic activities;

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470 f. Give proper guidance to their children on responsible 21 st century learnings
471 such as viewing television and movies, reading printed materials and
472 accessing information through the internet;
473 g. Provide support to Persons with Disabilities (PWD), children and other
474 children with specific needs to have access to quality education.
475
476 10.2 Academe and Educational Institution. In addition to the role of all academe
477 and educational institutions to impart knowledge and skills to their students from
478 the primary to the tertiary level both in school, out of school and children with
479 special needs, they shall likewise:
480
481 a. Institute and integrate programs and services in the curriculum such as but
482 not limited to:
483  Basic rights and responsibilities of the child;
484  Values formation;
485  Drug prevention and control;
486  Health and nutrition;
487  Disaster risk reduction and climate change adaptation;
488  Gender and Development; and
489  School and public safety.
490 b. Provide creative, innovative and appropriate recreational, cultural and artistic
491 activities to develop the child’s potentials, talents and skills through the
492 establishment of Municipal/Barangay Children’s Park and Community
493 Development Center;
494 c. Ensure the safety of children within school premises and authorized school
495 activities;
496 d. Facilitate access to scholarship, grants, incentives and other educational
497 opportunities for students;
498 e. Ensure that the School Improvement Plan (SIP) is regularly updated,
499 compliant and responsive to the needs of community;
500 f. Strengthen the implementation of Alternative Delivery Mode (ADM) and
501 Alternative Learning System (ALS) programs;
502 g. Adopt measures to protect children from any form of curriculum instructions
503 without accreditation or approval from Department of Education;
504 h. Monitor operation and compliance to the approved curriculum for both public
505 and private educational institutions;
506 i. Provide and implement a functional Barangay Libraries with facilities that can
507 provide supplemental reading including, but not limited to, software and
508 hardware materials, and other opportunities for children.
509
510 10.3 Municipal and Barangay Government Units. The Municipal and Barangay
511 Government Units shall see to it that the child’s rights to development are
512 promoted and ensured. The LGUs shall:
513
514 a. Enforce and monitor compliance to compulsory early childhood, kindergarten,
515 elementary and secondary education;
516 b. Support Alternative Delivery Mode (ADM) to ECCD including, but not limited
517 to, Kapit-Bahay Aralan, Supervised Neighborhood Play especially in distant
518 areas to reach marginalized children;
519 c. Enforce and monitor compulsory attendance to parenting sessions or parent
520 mentoring;
521 d. Support the Special Education (SPED) Program for children with special
522 needs;

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523 e. Ensure functionality of Local School Board to support programs and services
524 on education through the utilization of Special Education Funds;
525 f. Provide financial and other support to schools in promoting education,
526 wholesome recreational, cultural and artistic activities for children;
527 g. Strengthen Alabel Sports and Recreation Council to sustain sports activities
528 and training for child athletes;
529 h. Facilitate employment to qualified and deserving students during
530 summer/Christmas vacation;
531 i. Ensure that business establishments including, but not limited to, night clubs,
532 gallera, casinos and other gaming stations, that are potentially harmful and
533 negatively influence the minds and behaviors of children will be located
534 outside of regulated distance.
535
536 10.4 Role of Mass Media. The mass media is largely accessible to the children and
537 has a major influence in their behavior and attitudes. And for this purpose the
538 mass media shall:
539
540 a. Refrain from showing, airing or publishing any form of violent, pornographic
541 material and other irrelevant information which might cause disturbance to the
542 mind, behavior and personality of the child;
543 b. Endeavor to show wholesome and educational material during prime time
544 viewing and airing;
545 c. Provide airtime exclusively or about children in observance of the National
546 Children’s Broadcasting Day;
547 d. Exercise ethical media guidelines that promote and respect the rights of the
548 child.
549
550 10.5 Role of Private Business Sectors. The private business sectors shall have a
551 corporate social responsibility to all children. The conduct of their business shall
552 consider the best interest of the child. And for this purpose they shall:
553
554 a. Actively be involved and support programs, projects and services for children,
555 especially those provided in this Code;
556 b. Prohibit children’s access to obscene, pornographic and violent materials as
557 well as entry to adult entertainments within their establishments;
558 c. Prohibit entry of children to Internet Café, video arcades and other gaming
559 centers during school hours. The children apprehended shall be reported
560 immediately to their respective school and parents/guardians (child protection
561 committee in school and BCPC). In cases where these children are not
562 enrolled in school, the parents and/or guardians shall be informed (Transfer to
563 penal provisions);
564 d. Provide child-friendly spaces within their establishments;
565 e. Prohibit selling of cigarettes, cigars, alcoholic beverages, rugby and other
566 harmful substances and paraphernalia to children;
567 f. Grant privileges to PWD children in accordance with existing laws.
568
569Section 11. Programs and Services. The following programs and services shall be
570provided:
571 a. Center Based and Home Based Early Childhood Care and Development
572 (ECCD);
573 b. Child Friendly School System in Child Development Centers, Kindergarten,
574 Elementary and Secondary;
575 c. Alternative Delivery Mode and Special Education Program/Projects for
576 children of indigenous people, Muslim children and out-of-school youth,

11 ALABEL CHILDREN’S WELFARE CODE OF 2017


577 abandoned and neglected children, orphans, refugees and children-survivor
578 of man-made or natural disasters and calamities;
579 d. Training for teachers on Child Protection Policy and System;
580 e. Recreational and cultural facilities in public places;
581 f. Sports and skills development program for children;
582 g. Summer reading program for elementary and secondary school children;
583 h. Child-friendly school facilities;
584 i. Accreditation and monitoring of both public and privately-owned ECCD
585 centers;
586 j. Capability-building on enhancing the knowledge and skills of child
587 development workers and provide incentives and rewards system for them;
588 k. Family Development Sessions (FDS)/Parent Effectiveness Sessions (PES);
589 l. Maternal, Neonatal and Child Health and Nutrition (MNCHN);
590 m. Adolescent Health and Youth Development (AHYD) with special focus on
591 awareness and prevention of teenage pregnancy and sexually transmitted
592 infection thru education and counselling;
593 n. Age-appropriate, culturally and gender-sensitive Comprehensive Sexuality
594 Education integrated in DepEd curriculum.
595
596 ARTICLE III
597 PROTECTION RIGHTS OF THE CHILD
598
599Section 12. Protection Rights of the Child: Cover those which guard children against all
600forms of abuse, exploitation and discrimination in all areas where child is considered
601vulnerable. There shall be comprehensive program to be formulated by the ACPC in
602coordination with other government agencies, private sector, NGO’s concerned and other
603stakeholders to protect children against worst form of children labor, child trafficking,
604obscene publication, indecent shows, and other acts of abuse and circumstances which
605endanger child survival and normal development.
606
607The program shall cover the strict implementation of the provisions of PD 603, otherwise
608known as “The Child Welfare Code and R.A. 7610 as amended, otherwise known as “An Act
609providing for stronger deterrence and special protection against child abuse, exploitation and
610discrimination, providing penalties for its violation, and for other purposes,” and all other laws
611affording protection against child exploitation.
612
613 i. Right to Protection against Physical, Verbal, and Psychological Abuses. The
614 child has the right to protection against physical abuse, violence, injury or
615 maltreatment. The child has the right to protection against mental, psychological,
616 verbal and emotional abuse, violence injury or maltreatment.
617
618 ii. Right to Protection against Sexual Abuse. The child has the right to protection
619 against rape, incest, sexual harassment, acts of lasciviousness, seduction, abduction
620 and other form of sexual abuse and violence.
621
622 iii. Right to Protection against Neglect and Abandonment. The child has the right to
623 quality care by his or her parents/guardians and to be protected against neglect,
624 maltreatment and abandonment.
625
626 iv. Right to Special Protection of Children with Disability. A child with disability has
627 a right to special care, education and training to help him or her enjoy a full and
628 decent life with dignity and achieve the greatest degree of self-reliance and possible
629 social integration.
630

12 ALABEL CHILDREN’S WELFARE CODE OF 2017


631 v. Right of Children in Conflict with the Law (CICL). All children in conflict with the
632 law shall have the following rights including but not limited to:
633
634 a. The right not to be subjected to torture or other cruel, inhumane or degrading
635 treatment or punishment;
636 b. The right not to be imposed with capital punishment or life imprisonment without
637 the possibility of release;
638 c. The right not to be deprived, unlawfully or arbitrarily of his/her liberty, detention or
639 imprisonment being a disposition of last resort, and which shall be for the shortest
640 appropriate period of time;
641 d. The right to be treated with humanity and respect for the inherent dignity of the
642 person, and in manner which takes into account the needs of a person of his/her
643 age. In particular, a child deprived of liberty shall be separated from adult offenders
644 at all times. No child shall be detained together with adult offenders. He/She shall
645 be conveyed separately to or from court. He/She shall await hearing of his/her own
646 case in separate holding area. A child in conflict with the law shall have the right to
647 maintain contact with his/her family through correspondence and visits, save in
648 exceptional circumstances;
649 e. The right to prompt access to legal and other appropriate assistance, as well as the
650 right to challenge the legality of the deprivation of his/her liberty before a court or
651 other competent, independent and impartial authority, and to a prompt decision on
652 such action;
653 f. The right to bail and recognizance, in appropriate cases;
654 g. The right to testify as a witness in his/her behalf under the rule on examination of a
655 child witness;
656 h. The right to have his/her privacy respected fully at all stages of the proceedings;
657 i. The right to diversion if he/she is qualified and voluntarily avails of the same;
658 j. The right to be imposed a judgment in proportion to the gravity of the offense where
659 his/her best interest, the rights of the victim and the needs of society are all taken
660 into consideration by the court under the principle of restorative justice;
661 k. The right to have restrictions on his/her personal liberty limited to the minimum and
662 where discretion is given by law to the judge to determine where to impose fine or
663 imprisonment, the imposition of fine being preferred as the more appropriate;
664 l. In general, the right to automatic suspension of sentence;
665 m. The right of probation as an alternative to imprisonment, if qualified under the
666 Probation Law;
667 n. The right to be free from liability for perjury, concealment or misrepresentation;
668 o. The right not to be labeled as insurgents in the case of CIAC; and
669 p. Other rights as provided for under existing laws, rules and regulations.
670
671 vi. Right to be protected from dangerous drugs and other prohibited substances.
672 The child has a right to be protected from the use of narcotic and LCD drugs, and
673 from being involved in their production or distribution.
674
675 vii. Right to Protection of the Working Child. The child has the right to be protected
676 from economic exploitation and from performing any work that is likely to be
677 hazardous or to interfere with the child’s education, or to be harmful to the child’s
678 health or physical, mental spiritual, moral or social development.
679
680 viii. Right to be protected against all forms of Exploitation. The child has the right to
681 be protected from all forms of commercial sexual exploitation.
682
683 ix. Right to be protected from recruitment and use for illegal activities, armed
684 struggles and other related activities. The child has the right to be protected from

13 ALABEL CHILDREN’S WELFARE CODE OF 2017


685 all sorts of illegal activities and situations of armed conflict and other forms of
686 ideological indoctrination and shall be afforded full protection in accordance with the
687 provisions of RA 7610 known as “Special Protection of Children Against Child Abuse,
688 Exploitation and Discrimination Act”.
689
690 x. Right to be protected in times of disasters and emergencies. It shall comply with
691 the international humanitarian standards of protecting children in emergencies and
692 integrate and prioritize children’s concerns within Provincial, Municipal, and Barangay
693 Disaster Risk Reduction (DRR) Plans.
694
695 xi. Right to be protected from customary practices/laws that are prejudicial to the
696 rights of children as embodied in this code.
697
698Section 13. Duties, Role and Responsibilities
699
700 13.1 ACPC shall develop a comprehensive program to promote positive discipline in lieu
701 of corporal punishment of children. A continuing information dissemination
702 campaign and capacity building shall be conducted in schools and communities
703 relative to its techniques and benefits among parents, teachers and other
704 caregivers.
705
706 13.2 Parents, Guardian and person entrusted with the care of children and custody or
707 custodian/center of children. The following duties and responsibilities, to wit:
708
709 a. Introduce and promote positive discipline;
710 b. Educate themselves and their children about safety measures against
711 sexual abuse (introduce break the silence/children sexual abuse
712 prevention);
713 c. Care for their children within their financial means. In no case shall
714 poverty be used as a justifiable reason for neglecting or abandoning their
715 children;
716 d. Parents shall be responsible for the monitoring of their children and to see
717 to it that they are not involved in drugs and other substances and all forms
718 of abuses;
719 e. It shall be the duty of the parents of a child with disability to see to it that
720 he/she is given a special care, education and training by appropriate
721 institutions, depending on their resources;
722 f. It shall be the responsibility of the parents to provide adequate support to
723 their children and not force their children to work except for household
724 chores. It shall responsibility of the parents not to alter, falsify or conceal
725 the age of the child to facilitate the child’s employment.
726 g. It shall be the duty of parents to impose a curfew among their children in
727 accordance with local ordinance on curfew for minors.
728
729 13.3 Responsibility of all Citizens to Report. It shall be the responsibility of any
730 person who has knowledge or has learned of facts or circumstances that give rise
731 to a belief that a child has suffered from any form of abuse to report the same to
732 barangay officials or to the BCPC.
733
734 13.4 Responsibility of Private Institution. Private institutions shall not discriminate
735 Person with Disability (PWD) in hiring employees. It shall also provide necessary
736 infrastructure to allow access to the persons with disabilities.
737

14 ALABEL CHILDREN’S WELFARE CODE OF 2017


738 13.5 Responsibility of Academe and Educational Institutions. All academe and
739 educational institution shall give their full support to student body organizations.
740 The school administration shall conduct periodic consultations with students
741 regarding matters affecting their welfare. Student representatives shall be elected
742 by the student body to sit in Parents, Teachers and Community Association (PTCA)
743 and other recommendatory and decision-making bodies in school. They shall be
744 mandated to comply DepEd MC No. 40 (Child Protection Policy in School).
745
746 13.6 Responsibility of Employer. It shall be the responsibility of the employer to verify
747 the age of the person seeking employment. All employers shall not engage a child
748 in work that endangers health, safety and normal development as provided in RA
749 9231.
750
751 13.7 Responsibility of Police, Medical Officers, Registered Social Workers and
752 other public and private officials and employees including public and private
753 clinics/hospitals shall handle and treat child abuse cases and other records with
754 utmost confidentiality.
755
756 13.8 Responsibility of Establishment Owners Engage in Screening Movies,
757 Renting Computers for Internet Access, Owners of Clubs, Videoke Houses,
758 and Bars. All establishment owners shall prohibit the exposure of children to
759 pornography and violence. It shall be the responsibility of owners to require proof of
760 age before employment in nightclubs, bar, karaoke, and other establishments
761 engaged in the same business. Owners and managers of these establishments
762 shall post a visible and legible notice prohibiting minors from entering the premises.
763
764 13.9 Responsibility of Mass Media. Mass media practitioners shall protect the privacy
765 and identity of children as well as protect them from libel and slander particularly
766 those victims or survivors of all forms of abuse and violence, including the privacy
767 and identity of the CICL.
768
769 13.10 Responsibility of Armed Groups. Armed Groups shall adhere to the International
770 Rules of Engagement and Optional Protocol on |Children in Armed Conflict.
771
772 13.11 Responsibility of Local Government Units.
773 a. The LGU shall undertake all appropriate measures, including legislative,
774 administrative, social and educational measures to protect the children and
775 to prevent the use of children in illegal production and trafficking of such
776 substances.
777
778 b. The LGU shall encourage and ensure the assistance, subject to available
779 resources, to the eligible child in need of special protection and those
780 responsible for his or her care. The assistance extended in accordance with
781 the preceding paragraph shall be provided free of charge, whenever
782 possible, taking into account the financial resources of the parents or others
783 caring for the child, and shall be designed to ensure that the child has access
784 and receives education, training, health care services, rehabilitation services,
785 preparation for employment and recreation opportunities in a manner
786 conducive to the child in achieving the fullest possible social integration and
787 individual development, including his or her cultural and spiritual
788 development.
789

15 ALABEL CHILDREN’S WELFARE CODE OF 2017


790 c. The LGU shall also see to it that the laws regarding access of the PWD child
791 are implemented in the Municipality of Alabel including requirements of
792 buildings, public transportation and other laws concerning PWD children.
793
794 d. To promote and ensure the child’s right to protection from physical abuse,
795 sexual abuse, neglect and abandonment, the LGU shall further perform the
796 following responsibilities:
797
798  Promote the establishments of procedures, authorities and institutions
799 specifically applicable to CAR, (e.i children violating curfew hours)
800 observing strict implementation of the provisions of Municipal Ordinance
801 No. 11-2015-109, otherwise known as “Curfew for Minors.”
802
803  Promote a variety of dispositions, such as care, guidance and supervision
804 orders; counseling, probation, foster care, education and vocational
805 training programs and other alternatives to institutional care to ensure that
806 children are dealt with in a manner appropriate to their well-being and
807 proportionate the offense and circumstances.
808
809  Establish a monitoring system for child labor.
810
811 e. The LGU shall undertake to protect the child from all forms of abuse and
812 exploitation and shall take all appropriate measures to prevent the abduction
813 of the sale of or prevent the same.
814
815  To enhance the capacity of all service providers on relevant laws for the
816 protection, abuse and exploitation.
817
818 f. Alabel LGU shall ensure that appropriate measures and services be provided
819 that address juvenile delinquency as provided under RA 9344 and VAWC
820 cases.
821
822  Establish “Bahay Pag-asa” in the municipality
823  Establish “Women and Children Crises Center” in the municipality.
824
825 g. The LGU shall provide safe and child-friendly spaces in Evacuation Center
826 for Internally Displaced Persons due to man-made and natural calamities.
827
828Section 14. Programs and Services. To ensure the child’s basic right to protection is
829attained, the Municipality of Alabel shall institute mechanism and endeavors to provide the
830following programs and services:
831
832 14.1 Awareness-Raising and Prevention Program/Services
833  Parents Education
834 - Parents Effectiveness Seminar
835 - Responsible Parenting Seminar
836  Child Abuse Prevention Seminar
837  Advocacy Program Against Child Labor
838  Mainstreaming of Child Protection to All Business Enterprise in the
839 Municipality of Alabel
840  Comprehensive Children Emergency Program
841  Comprehensive Child Protection Program
842
843 14.2 Response

16 ALABEL CHILDREN’S WELFARE CODE OF 2017


844  Diversion and Community-based intervention program for CICL
845  Sagip Bata Quick Action
846  Crisis Intervention
847  Medical and Educational Assistance for CWD
848  Medical, Dental, Psychosocial and Legal Services for CNSP
849  CISD
850  Healing and Reconciliation
851  Capability Building for Right Holders and Duty Bearers
852  Skills Training for CNSPs and their Families
853  Alternative Livelihood Program doe Families of CNSPs
854  Establishment of VAWC Desk in every Barangay
855  Establishment of Bahay Pag-asa
856  Temporary Shelter for children in difficult circumstances like abandoned,
857 neglected, and orphaned child, child refugees, internally displaced
858 children and child-survivors of man-made and natural disasters;
859  Child Friendly Space During Emergencies
860  Minimum Initial Service Package during Emergencies
861  Comprehensive Local Integration Program
862
863 14.3 Reporting
864  Establishment of documenting and monitoring system of all cases related
865 to children
866 14.4 Comprehensive Emergency Program During Emergency. As stipulated in
867 the Republic Act 10821 also known as the Children’s Emergency Relief and
868 Protection Act of 2016, the Local Government of Alabel must ensure the
869 protection of children’s particular needs before, during and after crisis. The
870 program should be gender and child sensitive and have the following:
871  Establishment of Evacuation Centers – Local Government Unit of
872 Alabel shall establish and identify safe locations as evacuation centers for
873 children and families.
874  Establishment of Transitional Shelters for Orphaned, Separated, and
875 Unaccompanied Children – The Local Government Unit of Alabel shall
876 establish an option for transitional shelters, prioritizing vulnerable and
877 marginalized groups including orphaned, separated, and
878 unaccompanied children and pregnant and lactating mothers. New
879 transitional shelters shall be designed with the following
880 considerations: gender-specific emergency latrines. Bathing cubicles,
881 and hand washing facilities specifically designed for children. It shall
882 provide mother and child-friendly spaces where children can take part in
883 child activities. It shall also have provisions for maternal and newborn
884 and infant care and rooms to protect and feed. Provide personal care
885 and ensure the right to privacy. Existing transitional shelters shall be
886 modified to the extent possible to comply with the abovementioned
887 considerations.
888  Assurance for Immediate Delivery of Basic Necessities and
889 Services. – The Program shall facilitate and ensure the immediate
890 delivery of basic necessities and services specifically required by the
891 affected children in different stages of development such as access to
892 basic health services. Food, water, nutrition, medicines, clothing,
893 sanitary and hygiene kits, and other emergency needs such as
894 blankets, mosquito nets, cooking ware and fuel, and flashlights. The

17 ALABEL CHILDREN’S WELFARE CODE OF 2017


895 Program shall give priority to the specific health and nutrition needs of
896 pregnant women, lactating mothers, n e w b o r n babies, children under
897 five years old and children with special needs and protection.
898
899  Stronger Measures to Ensure the S a f e t y a n d S e c u r i t y of
900 Affected C h i l d r e n – T h e M C W C s h a l l c o m e u p
901 with measures and protocols t o monitor and
902 ensure the safety and the security of the affected children including
903 and not limited to children with disability and with special needs and
904 protection in time of calamities and also ensure protection of children
905 against all forms of violence, abuse and exploitation. The LGU of Alabel
906 shall strengthen the functionality of the barangay violence against
907 women and children (VAWC) desks. The VAWC desk shall serve as
908 one of the key reporting and referral mechanism for cases of violence,
909 abuse, and exploitation of children in the barangay during all phases
910 of emergency response and recovery. Children shall be given priority
911 during evacuation as a result of a disaster or other emergency
912 situation. Existing CSOs In the community shall be tapped to look after
913 the safety and well-being of children during evacuation operations.
914 Measures shall be taken to ensure that children evacuated are
915 accompanied by persons responsible for their safety and well-being.
916
917  Delivery of Health, Medical, and Nutrition Services - Under the
918 Program of the MHO, in coordination with the CSWDO, and the different
919 departments/units, and CSOs in the community, shall provide the
920 health, medical, and nutritional needs of children in the areas declared
921 under the state of calamity, including psychosocial interventions for
922 children in different stages of development.
923
924  Plan of Action for Prompt Resumption of Educational Services for
925 Children –The Department of Education (DepEd) in coordination with the
926 CSWDO, DILG shall ensure the prompt resumption of educational
927 services for all children, including early childhood care and development
928 for children aged below five (5).
929
930  Establishment of Child Friendly Spaces. – The local government unit
931 of Alabel shall set up Child Friendly Spaces in every barangay
932 declared under the state of calamity, as needed, based on the
933 guidelines to be promulgated by MCWC. Likewise, the local government
934 shall coordinate with lead agencies and CSOs to effectively respond to
935 the needs of the children In the area. Child Friendly Spaces shall be
936 made available throughout a crisis, from emergencies to recovery. In
937 case the concerned barangay cannot immediately respond due to the
938 huge impact of disaster, the CSWDO, together with the concerned
939 government agencies and in coordination with CSOs and other
940 stakeholders, as well as nearby LGUs, shall provide the necessary child
941 care services and social protection of affected children.
942
943  Promotion of Children's Right. - The Program shall include activities

18 ALABEL CHILDREN’S WELFARE CODE OF 2017


944 and processes that will promote and uphold the rights of children by:
945
946 i. Providing child-centered training for all responders;
947 ii. Ensuring that children are provided with adequate access to age
948 .appropriate Information on their roles and responsibilities and those
949 of government agencies before during, and after disasters and other
950 emergency situations;
951 iii. Providing for an effective mechanism for training and meaningful
952 part icipat ion o f children in community disaster risk reduction
953 program; and
954 iv. Consulting with the affected children on their needs and priorities for
955 post-disaster relief and recovery.
956
957  Services for orphaned, unaccompanied, or separated Children. The
958 MCWC shall develop a minimum set of standards and guidelines for the
959 Family Tracing Reunification System of unaccompanied and separated
960 children. Orphaned children, and unaccompanied or separated children
961 whose families or relatives cannot be found or assessed to be incapable
962 of providing proper care and protection shall be placed In a licensed or
963 accredited residential care facility or with a foster family In accordance
964 with Article 140 of the Child and Youth Welfare Code, or a community-
965 based center. A registered social worker shall provide the needed
966 case management a n d intervention.
967
968  System of Restoring Civil Registry Documents. - To ensure that
969 vital information pertaining to the personal circumstances of a child are
970 adequately protected and available at all times, the Municipal Civil
971 Registrar shall develop a system for the restoration and reconstruction
972 of civil registry documents that have been destroyed or declared lost or
973 missing during a disaster or calamity. The Civil Registrar shall submit a
974 report on the number of restored or reconstructed documents to
975 appropriate government agencies for effective monitoring and reporting'
976 and to ensure the continued access of the affected children to social
977 services and facilitate the reunification of separated children with their
978 families. It shall likewise develop a system for the registration of
979 children born during a national or local state of calamity.
980
981  Training of Emergency R e s p o n d e r s on Child Protection. The
982 MDRRMC shall promote and conduct a child-responsive training
983 program for all responders in the calamity area such as community and
984 barangay leaders, community members, school personnel and other
985 rescuers. The training program shall include the following:
986
987 - Proper procedures and measures to assess the situation,
988 safeguard and protect the’ affected children during and after
989 emergencies and disasters; and
990 - Appropriate training on psycho-social Interventions for children in
991 different stages of development who are victims of calamities.
992 - Each member agency shall Include or mainstream child
993 protection in the emergency response training to service

19 ALABEL CHILDREN’S WELFARE CODE OF 2017


994 providers.
995
996  Data Gathering, Monitoring, and Reporting. - The A C P C s h a l l
997 c o m e u p w i t h a r e p o r t t a k e n f r o m agencies mandated u n d e r
998 R A 1 0 8 2 1 to monitor and report on the implementation of
999 services under the Program and submit the same to Sangguniang Bayan
1000 annually. The report shall include a specific section on pregnant women
1001 and children under five years of age as a strategy for ensuring to
1002 address the post-disaster nutrition needs of children under age five
1003 and pregnant women are both understood and met. In the aftermath of
1004 a national or local state of calamity, the collection and reporting of data
1005 for the Disaster Risk Reduction Management Information System at all
1006 levels, as provided for In Republic Act No. 10121 shall be
1007 disaggregated by age, gender, ethnicity and special needs. Such
1008 collected data shall be utilized to understand and respond better to
1009 the needs of children affected by disasters and calamities. Within five (5)
1010 days from the declaration of a national state of calamity or as soon as
1011 practicable, the MSWDO and the Barangay Disaster Risk Reduction and
1012 Management Council (BDRRMC) shall jointly submit written
1013 documentation and report on their surveillance and monitoring activities
1014 to the Sangguniang Bayan.
1015
1016  Appropriations to the Comprehensive Emergency Program - The
1017 implementation of the programs under RA 10821 shall be charged against
1018 the Municipal Disaster Risk Reduction and Management Fund
1019 (MDRRMF).
1020
1021 ARTICLE IV
1022 PARTICIPATION RIGHTS OF THE CHILD
1023
1024Section 15. Participation Rights of the Child. Participation Rights include the child’s
1025freedom to express oneself in matters affecting his/her life:
1026
1027 i. Right to Opinion. The child who is capable of forming his or her views has the right to
1028 express those views freely in all matters affecting him or her. Such views shall be duly
1029 recognized.
1030 ii. Rights to Freedom of Expression. The child has the right to express his or her views,
1031 obtain information and ideas of all kinds, either orally or in writing or in print, in the form
1032 of arts, or any other form of media of the child’s choice taking into consideration the best
1033 interest of the child with the guidance from parents/ guardians/ appropriate institutions.
1034 iii. Rights to Participate in Decision-Making Process. The interest and welfare of
1035 children in the family, school, community or other organizations or institutions shall be
1036 heard. Every child has the right to express his opinion freely in so far as such opinion is
1037 not contrary to law, morals, good customs, public safety and public policy, and to have
1038 that opinion to be taken into account in all matters affecting the rights of the child. It shall
1039 be the responsibility of the parents, guardians and concerned agencies of government
1040 to provide opportunities for children to express their views, organize among themselves,
1041 obtain information, make ideas or information known regardless of sex and religious
1042 belief.
1043 iv. Right of children to information. As one of the fundamental rights of the children
1044 stated in UN Convention of the Rights of the Child, programs affecting and benefiting
1045 children should be widely disseminated as possible to include schools and communities

20 ALABEL CHILDREN’S WELFARE CODE OF 2017


1046 and other platforms where children have access to information. Awareness raising and
1047 information drive on the provisions of this code shall be intensified through the use of
1048 mainstream and social media; and other awareness-raising activities in coordination
1049 with the barangays, schools, NGOs and people's organizations to usher in the
1050 integration of the same in the plans, programs and activities of all stakeholders in the
1051 Municipality of Alabel.
1052 v. Right to privacy. Children have the right to protection from interference of their privacy,
1053 family, home and correspondence. Under circumstance that would lead a reasonable
1054 mind might accept as to warrant a conclusion that the safety and security of child, the
1055 family and the community is under threat, such right shall be waived.
1056 vi. Right to participate in Community Affairs and Socio-Civic. The Municipality of
1057 Alabel shall promote the formation of child-led organizations and strengthen existing
1058 organizations in each barangay and support children's initiatives that will serve as
1059 venues to share common interests, express their talents, develop their capacities, and
1060 actively participate in child-friendly undertakings. Also, there shall be camps for children
1061 to be held during summer months of every year which will involve capability building
1062 activities, skills enhancement trainings and other relevant development activities. The
1063 MCPC shall come up with guidelines and lead implementors in the conduct of needs
1064 assessment to identify common and prevalent needs of the children.
1065vii. Right to enjoy and practice his/her own culture, religion and language. All children
1066 regardless of culture, ethnicity and creed shall have the right to exercise and enjoy their
1067 own culture, profess and practice their own belief or to use his or her own language as
1068 long as such practices are not repugnant to the best interest of the child.
1069
1070Section 16. INSTALLATION OF MECHANISM FOR PARTICIPATION OF CHILDREN IN
1071POLICY AND PROGRAM FORMULATION IN THE LOCAL GOVERNMENT. The Local
1072Government Unit of Alabel shall give utmost importance and concern to consultation with
1073children and to providing a venue for the expression of their views relevant to the formulation
1074of government policies and programs. It shall recognize children’s representations in MCPC,
1075BCPC, MDRRMC, BDRRMC, being the primary stakeholders and participants.
1076
1077Section 17. The Local Government Unit of Alabel shall institutionalize the participation of the
1078youth in Climate Change Adaptation and Disaster Risk Reduction and Management Related
1079Activities by conducting the following:
1080
1081  Engage the youth sector as member of the Municipal Disaster Risk Reduction and
1082 Management Council, as one group representing the Civil Society Organizations;
1083  Integrate and allocate support for youth-oriented disaster activities in Municipal
1084 Disaster Risk Reduction and Management Plan and
1085
1086
1087Section 18. The Municipal Development Council shall conduct regular consultation with
1088children in formulating barangay/municipal plans that will be integrated in the Municipal
1089Development Plan. As far as practicable and when allowed by law, the Municipal Mayor
1090shall appoint children and youth representatives in the special local bodies. The Annual
1091Children's Month celebrations and other related activities shall also ensure the
1092participation of children in the planning and implementation stages.
1093
1094Section 19. PARTICIPATION OF CHILDREN IN THE LOCAL BUDGETING
1095PROCESSES. It is the responsibility of the Municipal Planning and Development Office to
1096inform the children’s organizations of the legal framework of their participation in the local
1097budgeting processes. Municipal Planning and Development Office shall take lead in
1098involving the children in annual budget workshops. Representatives of the children’s

21 ALABEL CHILDREN’S WELFARE CODE OF 2017


1099organizations shall be given opportunity to present and discuss their plans. The local
1100agencies must ensure that the proposed activities will have full and equal access to funds
1101and any kind of resources.
1102
1103Section 20. Duties and Responsibilities.
1104
1105 20.1 Parents and Guardians. To ensure the child’s basic right to participation, all
1106 parents and guardians shall perform the following responsibilities to:
1107 a. Provide the child with appropriate information and shall take into consideration
1108 the child’s age, mental and physical capacities and all other factors affecting
1109 the child’s decision-making process.
1110 b. Provide the child opportunity to express his or her views and participate in
1111 discussion and decision-making in matters affecting him or her.
1112 c. Respect the child’s right to privacy in their homes, unless there is a reasonable
1113 ground to believe that a threat to the safety and morals of the child and to
1114 public policy and national security exist.
1115 d. Encourage children to participate or join children’s association and other child-
1116 friendly community activities.
1117
1118 20.2 Academe and Educational Institutions. All academe and educational institutions
1119 shall give their full support to student body organizations. The school
1120 administration shall conduct periodic consultations with students regarding matters
1121 affecting them. The Department of Education in Sarangani shall establish
1122 mechanism to organize and federate supreme student government to represent
1123 the children and youth to PTCA, local special councils and other recommendatory
1124 and decision-making bodies.
1125
1126 21.1 Local Government Unit. To promote and ensure the child’s right to participation,
1127 the Provincial Government shall perform the following responsibilities:
1128
1129 a. Institutionalize child participation in all decision-making bodies from the
1130 barangay, municipal and provincial level;
1131 b. Promote respect for the different culture, religion and language, provided that
1132 such cultural and religious practices and languages are for the child’s best
1133 interest.
1134 c. Ensure that duly elected Sangguniang shall represent the children in matters
1135 brought before the Sangguniang Barangay, Bayan or Panlalawigan;
1136 d. Shall federate all legitimate children’s organization, if any, to be a member in
1137 all child-related committees;
1138 e. Institutionalize mechanism to ensure child’s participation in governance.
1139
1140Section 22. Nine (9) Basic Requirements of Children Participation.
1141
1142 22.1 Transparent and Informative
1143 a. Provide children with full, accessible, diversity-sensitive and age-appropriate
1144 information
1145
1146 22.2 Voluntary
1147 a. Never coerce children to express views;
1148 b. Inform them that they can cease involvement at any stage.
1149
1150 22.3 Respectful
1151 a. Acknowledge and respect of children’s evolving capacities and context
1152 (environmental and cultural)

22 ALABEL CHILDREN’S WELFARE CODE OF 2017


1153 b. Provided opportunities for children to initiate ideas and activities.
1154
1155 22.4 Relevant
1156 a. Participation enable children to them to draw on their knowledge, skills and
1157 abilities;
1158 b. Provide space for children to highlight and address issues they identified as
1159 relevant and important.
1160 22.5 Child-Friendly
1161 a. Adapt the environments and working methods to children’s capacities;
1162 b. Allot adequate time and resources for preparations;
1163 c. Considerate needs and differing levels of support and forms of involvement.
1164
1165 22.6 Inclusive
1166 a. Avoid existing patterns of discrimination and encourage opportunities for
1167 marginalized children;
1168 b. Do not treat children as homogenous group;
1169 c. Ensure that programs are culturally sensitive.
1170
1171 22.7 Supported by Training
1172 a. Prepare and support adults;
1173 b. Strengthen their awareness on rights and build their skills (listening,
1174 facilitation, organizing, conflict management, fund raising, public speaking,
1175 campaign and advocacy).
1176
1177 22.8 Safe and Sensitive to Risk
1178 a. Take every precaution to minimize the risk to children of violence, exploitation
1179 or any other negative consequence of their participation
1180 b. Put in place a clear child protection strategy
1181 c. Inform children of their rights to be protected from harm
1182 d. Tell them where to go for help
1183 e. Working with families and communities to build understanding of the value
1184 and implications of participation
1185 f. Conduct risk assessment before any activity with children
1186 g. Implement a checklist in selecting venues for activities with children
1187 h. Set-up Child Protection Team
1188 i. Conduct safety and security orientation before any activity starts
1189 j. Adopt an organizational policy on child protection and children’s participation
1190 k. Help communities set-up systems for addressing children’s issues and
1191 preventing child abuse
1192 l. Raise awareness of other partners (e.g. media, government) about children’s
1193 rights.
1194
1195 22.9 Accountable
1196 a. Inform children how their views have been interpreted and used and how their
1197 participation has influenced any outcomes;
1198b. Provide opportunity for children to participate in follow-up processes or activities.
1199
1200Section 23. Programs, Projects and Services for Child’s Participation. The following
1201programs, projects and services shall be developed and implemented by the LGUs to ensure
1202the participation of children:
1203
1204 1. Cultural and Sports Development Program
1205 2. Greening and Growing Program/ Environmental Protection
1206 3. Universal Children’s Month Celebration

23 ALABEL CHILDREN’S WELFARE CODE OF 2017


1207 -Child/Youth Convention/Summit/Forums
1208 4. Linggo ng Kabataan
1209 5. National Youth Day
1210 6. Children’s Day of Broadcasting
1211 7. Peer Counseling
1212 8. Family Day
1213 9. Schools Press Conference
1214 10. Children’s Participation to CRC Monitoring
1215 11. Nutrition Month
1216 12. Child’s Corner/Section of gazette/news letter
1217 13. Children’s Organization (community, church, school )
1218 14. Other activities that will promote children’s participation
1219
1220ARTICLE V
1221RESPONSIBILITIES OF THE CHILD
1222
1223 a. Love the Country and be a responsible citizen;
1224 b. Love their family and respect their parents;
1225 c. Contribute in keeping my community clean, orderly and peaceful;
1226 d. Eat healthy food, help keep our house and surroundings clean and do activities
1227 that will keep me healthy and strong;
1228 e. Share learnings with other children and use talents and skills to help others;
1229 f. Help family in doing household chores;
1230 g. Know their rights and learn skills to protect themselves
1231 h. Obey rules and laws
1232 i. It shall be the responsibility of the child to cooperate with the competent
1233 authorities in the treatment being provided to her/him.
1234 j. Be responsible and respectful in words and actions.
1235 k. It is responsibility of a CICL to cooperate with the authorities in the investigation
1236 provided that his/her rights are respected.
1237 l. If the child committed the offense, he/she should take responsibility for the
1238 consequences as provided for under the Code. / It shall be the responsibility of
1239 the child not to involve himself/herself in unlawful activities.

1240ARTICLE VI
1241IMPLEMENTING MECHANISM
1242
1243 Section 24. Children’s Division of MSWDO. This division shall be strengthened at
1244all levels in the implementation of the Code. It shall be the implementing arm that will focus
1245on children’s specific programs, projects and services and assist in handling cases of CNSP.
1246
1247 Section 25. ALABEL COUNCIL FOR THE PROTECTION OF CHILDREN (ACPC).
1248(a) Creation. There shall be created Municipal Council for the Protection of the Children,
1249hereinafter referred to as ACPC, to plan and implement programs and services for children
1250in the Municipality of Alabel.
1251
1252(b) Composition. The ACPC shall be composed of the following, to wit:
1253
1254 Chairperson - Municipal Mayor (Execom)
1255 Co-Chairperson - Mun. Social Welfare and Development Officer
1256 Members - Chairperson, SB Committee on Women and Children’s
1257 Welfare
1258 - Chairperson, SB Committee on Social Services
1259 - Chairperson, SB Committee on Finance, Budget and
1260 Appropriations or its equivalent

24 ALABEL CHILDREN’S WELFARE CODE OF 2017


1261 - Municipal Local Government Operations
1262 Officer
1263 - Mun. Planning and Development Coordinator
1264 - Municipal Budget officer
1265 - Municipal Health Officer
1266 - Municipal Treasurer
1267 - Municipal Nutrition Action Officer
1268 - Municipal Disaster Risk Reduction and
1269 Management Officer
1270 - Municipal Civil Registrar
1271 - Executive Director, ABCD Board
1272 - Representative, Liga ng mga Barangay
1273 - Representative, Pambayang Pederasyon ng
1274 Mga Sangguniang Kabataan / Youth
1275 Development Task Force
1276 - Representative, Department of Labor and
1277 Employment/peso
1278 - Representative, Business Sector
1279 - Chairperson, Municipal Tribal Council
1280 - One (1) DepEd District Supervisor
1281 - One (1) President, Federation of Parents
1282 Teachers Association
1283 - One (1) President, Federation of Supreme
1284 Student Government
1285 - One (1) President, Federation of Supreme
1286 Pupil Government
1287 - Representative, Municipal Federation of Youth
1288 Organizations
1289 - Representative (3 accredited CSOs)
1290 - Chief of Police, Alabel Municipal Police
1291 Station
1292
1293 Note: Execom – Mayor, MSWDO, SB on Women and Children, MLGOO, Liga
1294 President, MHO, SB on Finance, MNAO, MDRRMO, Local Finance
1295 Committee (Accountant, Budget Officer and Mun. Treasurer, MPDO and 1
1296 Representative from Youth Development Task Force.
1297
1298(c) Duties and Functions. The ACPC shall perform the following duties and functions:
1299
1300 1. The members shall attend the meetings of the Council and should designate a
1301 regular alternate representative on his/her absence.
1302 2. Formulate plans, programs and policies for children that are gender-fair, culturally
1303 relevant and responsive to the needs of diverse groups of children from zero to
1304 below eighteen years of age;
1305 3. Prepare Annual Work and Financial Plan (AWFP) for children and recommend
1306 appropriation to the Sangguniang Bayan;
1307 4. Provide coordinative linkages with other agencies and institutions in the planning,
1308 monitoring and evaluation of plans for children;
1309 5. Provide technical assistance and recommend financial support to the Municipal
1310 and Barangay Council for the Protection of Children;
1311 6. Establish and maintain database on children of the Municipality;
1312 7. Foster education of every child;
1313 8. Advocate for the establishment and maintenance of playgrounds, day care
1314 centers and other facilities necessary for child and youth development;

25 ALABEL CHILDREN’S WELFARE CODE OF 2017


1315 9. Recommend to the Sangguniang Bayan for the enactment and adoption of
1316 ordinances and resolutions promoting child survival, protection, participation and
1317 development. especially on the quality of television shows, media prints and
1318 coverage, which are detrimental to children and with appropriate funding support
1319 (for transfer to protection article);
1320 10. Conduct capability-building programs to enhance knowledge and skills of ACPC
1321 in handling children’s programs and projects and provide support system to
1322 strengthen the operationalization of the BCPC.
1323 11. Assist children in need of special protection and refer cases filed against abusers
1324 to proper agencies or institutions;
1325 12. Coordinate and monitor the delivery of ECCD services;
1326 13. Monitor and evaluate the implementation of the program and submit quarterly
1327 status reports to the Municipal Mayor copy furnished the Sangguniang Bayan;
1328 14. Supervise and oversee the proper implementation of this Ordinance and other
1329 national laws relevant to the children’s welfare;
1330 15. Perform such other functions as provided for in the Child Welfare Code and other
1331 child related laws.
1332
1333(d) Internal Rules of Procedure. The Alabel Council for the Protection of Children ACPC
1334shall adopt their own internal rules of procedures to serve as guidelines for the members in
1335the discharge of their official functions such as the organization’s structure, parliamentary
1336procedure, order of meeting and quorums, discipline and such other rules as the ACPC may
1337adopt.
1338
1339 The ACPC shall hold meeting at the call of the Municipal Mayor but it may also be
1340convened upon written request of at least three (3) signatories thereof. The chairperson and
1341members shall not receive any per diem or emolument whatsoever.
1342
1343 A majority of the members is sufficient for the ACPC to transact its business provided
1344that in the absence of a quorum, the ACPC may adjourn from day to day. In the presence of
1345the ACPC Execom, it shall automatically constitute a quorum and they may proceed to
1346transact business.
1347
1348(e) Representation of NGO. The Sangguniang Bayan shall invite non-government
1349organizations (NGOs) with child-focused programs for membership in the ACPC: Provided,
1350that these NGOs are duly accredited by the Sanggunian based on the criteria for
1351accreditation.
1352
1353(f) Designation of Authorized Representative. The members of the ACPC shall, during its
13541st meeting shall inform the Program Secretariat his or her permanent alternate
1355representative to the ACPC.
1356
1357(g) Program Secretariat. There shall be constituted, within thirty (30) days from the
1358approval of this Code, a Program Secretariat to be headed by the ACPC Focal Person. The
1359ACPC Focal Person shall be given blanket authority to select his or her members who
1360possess technical ability and commitment to work to compose the secretariat.
1361
1362 The Program Secretariat shall (a) provide technical and administrative support,
1363consolidating and documenting proceedings and providing for such other assistance as may
1364be required by the ACPC, (b) Submit a monthly report on all activities as to the status of the
1365program and its finances to the Municipal Mayor and to the Sangguniang Bayan.
1366

26 ALABEL CHILDREN’S WELFARE CODE OF 2017


1367 Section 26. MONITORING AND EVALUATION TEAM. (a) Creation. There shall be
1368a created Monitoring and Evaluation Team, hereinafter referred to as Team, to monitor and
1369evaluate the functionality of the Barangay Council for the Protection of Children (BCPC).
1370(b) Composition. The Team shall be composed of the following, to wit:
1371 Chairperson - Mun. Local Government Operations Officer
1372 Co-Chairperson - Mun. Social Welfare and Development
1373 Officer
1374 Members - Mun. Planning and Development Coordinator
1375 Municipal Health Officer
1376 One (1) Representative, Department of
1377 Education
1378 One (1) Accredited NGO
1379 PNP VAWC Desk Officer
1380
1381(c) Duties and Functions. The Team shall perform the following duties and functions, to
1382wit:
1383
1384 a. Evaluate the BCPC based on the required set of criteria not later than
1385 February 28 of every year and validate the same;
1386 b. Submit to the Municipal Mayor the outcome of the evaluation copy
1387 furnished the Sangguniang Bayan;
1388 c. Come up with recommended actions; and
1389 d. Submit report to the agency concerned.
1390
1391 Section 27. BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN
1392(BCPC). (a) Creation. – There shall be created a Barangay Council for the Protection of
1393children (BCPC) in every barangay in Municipality of Alabel. It shall be the responsibility of
1394the Punong Barangay to spearhead the creation and strengthening of the BCPC.
1395
1396(b) Composition. The BCPC shall be composed of the following, to wit:
1397
1398 Chairperson - Punong Barangay
1399 Vice-Chairperson - Sangguniang Barangay Committee Chairperson of the
1400 Committee on Children’s Welfare or its equivalent
1401 Members - Sangguniang Kabataan Chairperson
1402 One (1) Barangay Nutrition Scholar
1403 One (1) Day Care Worker
1404 Barangay Health Nurse/Midwife
1405 One (1) Principal/Teacher In-Charge, Elementary
1406 One (1) Principal/Teacher In-Charge, Secondary
1407 Chief Officer, Barangay Tanod
1408 PTA Representative
1409 Two (1) Non-Government Organizations or People’s Organization
1410
1411(c) Duties and Functions. The BCPC shall perform the following duties and functions, to
1412wit:
1413
1414 16. Ensure education of every child in the barangay;
1415 17. Take steps to prevent juvenile delinquency and assist parents of children with
1416 behavioral problems so that they can get expert advice;
1417 18. Adopt measures for the health of children;
1418 19. Conduct capability building projects to increase knowledge and skills in handling
1419 of children’s program;

27 ALABEL CHILDREN’S WELFARE CODE OF 2017


1420 20. Encourage the proper performance of duties of parents and provide learning
1421 opportunities on the adequate rearing of children and on positive parent-child
1422 relationship;
1423 21. Promote wholesome activities or entertainment in the community especially in the
1424 movie houses;
1425 22. Prepare Annual Work and Financial Plan (AWFP) for children based on at least
1426 1% mandatory allocation and may recommend other source of funds to the
1427 Sangguniang Barangay;
1428 23. Provide coordinative linkages with other agencies and institutions in the planning,
1429 monitoring and evaluation of plans, programs and activities for children;
1430 24. Establish and maintain database on children in the barangay;
1431 25. Advocates for the establishment and maintenance of playgrounds, day care
1432 centers and other facilities necessary for child and youth development;
1433 26. Advocate for the passage of barangay plan of action for children which addresses
1434 the needs of children in the community and ensure its integration into the
1435 Barangay Development Plan and implementation by the barangay;
1436 27. Protect and assist abandoned, maltreated and abused children and monitor
1437 cases filed against child abusers and report the same;
1438 28. Monitor situational reports on children and prepare quarterly updates including
1439 the implementation of children’s program;
1440 29. Protect working children from abuse and exploitation;
1441 30. Promote the opening and maintenance of playground and day care centers and
1442 other services that are necessary for children and youth welfare;
1443 31. Assist parents whenever necessary in securing expert guidance counseling from
1444 the proper governmental or private agencies;
1445 32. Submit quarterly barangay accomplishment report of the implementation of the
1446 plan to the Municipal Council on the Welfare of Children (MCWC); and
1447 33. Arrest any individual who is actually committing, about to commit or has just
1448 committed an offense against the person or any minor;
1449(d) Meeting and Quorum. The BCPC shall meet at least once a month or as often as may
1450be necessary. Seven (7) members of the BCPC shall constitute quorum and transact official
1451business.
1452
1453(e) Creation of Committees. The BCPC shall create different committees necessary to
1454carry its duties and functions.
1455
1456Section 28. Role of the Sangguniang Kabataan – The Sangguniang Kabataan shall play
1457an important role in the formulation of programs, projects and activities which are for child
1458welfare and development. They shall take frontline role in coordination with concerned
1459government agencies in the implementation of programs and services which develop the
1460children as partner in nation-building and worthwhile activities.
1461
1462 ARTICLE VII
1463 PROHIBITED ACTS
1464
1465Section. PROHIBITED ACTS. The following are considered prohibited acts:
1466
1467 a. Smoking and consumption of alcohol beverages by pregnant women;
1468 b. Use of prohibited drugs by pregnant women;
1469 c. Refusal of parents to give financial support to their legitimate and/or illegitimate
1470 child;

28 ALABEL CHILDREN’S WELFARE CODE OF 2017


1471 d. Refusal of parents to avail of health services and medical assistance, including
1472 full immunization at the local health centers;
1473 e. Refusal of health care providers to immediately respond to the medical needs of
1474 mothers and children. Provided further that, in cases involving victims of violence
1475 against women and children (VAWC) Medico-legal certificate must not be issued
1476 beyond twenty-four(24) hours after examination;
1477 f. Abortion or abuse of an unborn child or fetal abuse by a mother and its
1478 accomplice, any health care provider or any hilot;
1479 g. Intentional abortion and malpractice by physicians, midwives and other health
1480 care providers;
1481 h. Failure of a parent, physician, midwife, and other health care providers to
1482 facilitate the registration of the child at birth unless they can present justifiable
1483 reason for such failure;
1484 i. To withhold, provide inadequate or incorrect information about the health care
1485 and nutrition of a child.
1486
1487Section 15. The following acts shall be considered unlawful and imposition of penalties will
1488be instigated:
1489
1490 a. Refusal of parents and/or guardians to send their children to school;
1491 b. Refusal of public and private schools to accept children for enrollment in the
1492 primary and secondary level without valid reason and due process. In no case
1493 shall be lack of birth certificates or birth registration, marriage certificate of
1494 parents, illegitimacy, or non-payment of school fees shall not constitute a valid
1495 ground for non-admission to enroll the child;
1496 c. Requiring students to buy special projects and other objects and items outside
1497 the approved school curriculum as a condition for passing or getting higher
1498 grades;
1499 d. Selling, showing, exposing and allowing children to access obscene,
1500 pornographic and violent material in television, radio, print and internet;
1501 e. Requiring parents/guardians to waive the special parental authority exercised by
1502 schools or educational institutions during field trips, excursions and similar
1503 school activities;
1504 f. Admission to children internet café with commercial video games during school
1505 hours;
1506 g. Establishment of educational institutions without prior approval from the
1507 Department of Education, NCIP, local tribal councils and other concerned
1508 government agencies.
1509
1510Section 1. Prohibited Acts. The following acts shall be considered unlawful and be
1511penalized, to wit:
1512
1513 19.1 Inducing a minor to use illegal drugs and engage in illegal gambling activities.
1514
1515 19.2 Using and hiring minors in the production and trafficking of illegal drugs
1516 including acting as packer, barker, runner, pusher, posting, look-out,
1517 among others including using children as ushers, collectors in illegal gambling
1518 activities.
1519
1520 19.3 Refusal of any person, public or private entity/agency to provide services to a
1521 child merely because of physical and mental disability.
1522
1523 19.4 Refusal to hire a Person with Disability (PWD) child by a company and other
1524 agency even if he/she is capable of doing the work.

29 ALABEL CHILDREN’S WELFARE CODE OF 2017


1525
1526 19.5 Other discriminatory and abusive acts directed to Persons with Disability (PWD)
1527 children.
1528
1529 19.6 Labeling Children In Armed Conflict (CIAC) as insurgents or rebels.
1530
1531 19.7 Using discriminatory remarks and practices particularly with respect to the
1532 child’s class or ethnic origins.
1533
1534 19.8 Threatening the child of whatever kind and nature and/or abusive, coercive and
1535 punitive measures such as, but not limited to, cursing, beating and stripping and
1536 other forms of punitive measures.
1537
1538 19.9 Use of degrading, inhuman and cruel punishment such as, but not limited to,
1539 shaving the heads of minors, pouring corrosive or harmful substances to the
1540 child, or forcing a child to walk around in public wearing signs which embarrass,
1541 humiliate, or degrade their personality and dignity and harsh beating and
1542 whipping, and other forms of corporal punishment which harm them
1543 psychologically, emotionally and physically.
1544
1545 19.10 Subjecting a CICL to involuntary servitude in any and all forms under any and
1546 all instances by their arresting officers and/or custodians by designating and/or
1547 compelling minors to acts and serve as errand boys/girls cleaners or helpers.
1548
1549 19.11 Employment of children below 15 years old except those instances governed by
1550 RA 7658 and RA 9231.
1551
1552 19.12 Employment of children in hazardous workplace, as provided for in RA 9231.
1553
1554 19.13 Engaging children in illegal activities.
1555
1556 19.14 Parents or guardian to coerce or force the child to work except for teaching a
1557 child to simple households chores which suits to his/her age and capabilities.
1558
1559 19.15 Parents or guardian who knowingly allow their children to work in hazardous
1560 condition.
1561
1562 19.16 Parents or guardian who allow their children to drive vehicle.
1563
1564 19.17 Failure of any recruiter, manager and employer of a child to require and verify
1565 the age of the child with the National Statistic Office.
1566
1567 19.18 Using children as commodities in benefit dances such as but not limited to
1568 organizing a benefit dance, flirtation or anchoring benefit dance, paying for
1569 children in benefit dances.
1570
1571 19.19 Physical and degrading forms of punishment-Any person who subject a child to
1572 physical and degrading forms of punishment such as but not limited to the
1573 following:
1574
1575 a. Ordering or directing a child to kneel on salt, mongo;
1576 b. Placing a child inside a sack and hanging him/her;
1577 c. Unreasonable shaving the head of child;

30 ALABEL CHILDREN’S WELFARE CODE OF 2017


1578 d. Whipping of a child with the tail of a stingray, stick, belt and other similar
1579 objects;
1580 e. Stripping the child of her/his clothes;
1581 f. Locking up in a cabinet or aparador or any enclosed structure;
1582 g. Tying up the child or otherwise detaining him/her;
1583 h. Throwing hard objects, such as but not limited to eraser, chalk and
1584 notebook at the child;
1585 i. Pulling the hair of the child;
1586 j. Making the child stand under the heat of the sun;
1587 k. Exposing the child to be bitten by ants.
1588
1589 19.20 Admission into movie houses and similar establishments showing pornographic
1590 or x-rated films.
1591
1592 19.21 Admission of children to videoke houses, bars, nightclubs, cockpits and similar
1593 establishments or repute places.
1594
1595 19.22 Selling and distribution of pornographic materials to minors.
1596
1597 19.23 Wearing of 2 piece or skimpy bikini suit of minor contestants in any beauty
1598 pageant.
1599
1600 19.24 It shall be unlawful for parents/guardians to entice, encourage and/or force their
1601 children/wards to live together with any person as husband and wife in
1602 exchange for money or any consideration.
1603
1604 19.25 It shall be unlawful for any person to sell to a child liquor, cigarettes, rugby and
1605 any other addictive substances to a child. Further, it shall be unlawful for any
1606 person to order children to buy, sell the same.
1607
1608 19.26 It shall be unlawful for any person to entice or compel a child to smoke and
1609 drink intoxicating substances in any places.
1610
1611 19.27 Any severe or repeated use of a written, verbal or electronic expression, or a
1612 physical act or gesture, or any combination thereof and other forms of bullying
1613 against children.
1614
1615 19.28 It shall be unlawful to recruit and enlist children as para-military in any armed
1616 groups whether as combatants or used as cooks, messengers, spies and other
1617 illegal activities.
1618
1619 19.29 It shall be unlawful to engage children in any military activity including RIDO.
1620
1621 19.30 It shall be unlawful to attack schools, day care centers, hospitals and Rural
1622 Health Units.
1623
1624 19.31 It shall be prohibited to utilize schools, hospitals and other similar institutions as
1625 military purposes whether as camps, ports, rest areas, detachment and supply
1626 depot.
1627
1628
1629 19.32 No children shall be object of attack of any armed group.
1630
1631 19.33 Denial of humanitarian access to children.

31 ALABEL CHILDREN’S WELFARE CODE OF 2017


1632
1633 19.34 It shall be prohibited the attack against humanitarian workers.
1634
1635 19.35 Forcing a child to enter into an arranged marriage.
1636
1637 19.36 Calling a child any name or identity other than his or her own for the purpose of
1638 insulting, belittling or humiliating him or her.
1639
1640 19.37 Facilitating, encouraging or coercing the child or parent or guardian of the child
1641 to falsify any entry in a child’s records, including birth baptismal or school
1642 records.
1643
1644 ARTICLE VII
1645 PENALTIES AND SANCTIONS
1646
1647Section 20. Penalty. The following penalty shall be imposed:
1648
1649Section 11. PENALTIES.
1650
1651First Offense. The offender shall be fined in the amount of One Thousand Pesos (P1,
1652000.00) and shall be required to attend counseling session for one (1) day with the
1653appropriate agency. Failure to attend the counseling session shall be dealt with accordingly
1654and shall be properly recorded by the Social Welfare Officer.
1655
1656Second Offense. The offender shall be charged before the competent court and if found
1657guilty will be fined an amount of not less than One Thousand Pesos (P1, 000.00) nor more
1658than Five Thousand Pesos (P5, 000.00), and shall be meted out with a penalty of
1659Community Service for not less than 6 months nor more than one (1) year, or both, at the
1660discretion of the Court.
1661In cases when a physician, midwife and other health care providers committed any violation,
1662the Municipality of Alabel shall recommend the institution of proceedings to suspend the
1663practice or revoke the license of any physician, midwife and other health care provider and
1664ban the offender from practicing and operating within the Municipality of Alabel.
1665
1666However, prohibited acts already punished and sanctioned by Republic Act No. 9165,
1667Republic Act No. 9262, Revised Penal Code, and other existing national laws shall be
1668prosecuted in accordance therewith.
1669
1670Any violation of the above prohibited acts shall be meted out with a fine of not more than
1671Five Thousand Pesos (P 5,000.00) or imprisonment of not more than one (1) year, or both,
1672at the discretion of the court. This is without prejudice to the filing of cases for violation of RA
16739165 and/or revised Penal Code and all other related and pertinent laws. The child who has
1674been victimized under this provision shall be considered exempt from criminal liability but
1675shall be committed to drug rehabilitation center.
1676
1677 a. For violation in the above sub-section, a fine of not more than Three Thousand
1678 Pesos (P3,000.00) and imprisonment of not more than six (6) months or both all
1679 at the discretion of the court.
1680
1681Any person who fails to report any suspected case of child abuse shall suffer the penalty of
1682not more than Three Thousand Pesos (P3, 000.00) and imprisonment of not more than three
1683(3) months or both at the discretion of the court.
1684
1685Any person or institution who violates the above prohibited acts shall be penalized with a fine
1686not exceeding Five Thousand Pesos (P5, 000.00) or imprisonment not exceeding one (1)

32 ALABEL CHILDREN’S WELFARE CODE OF 2017


1687year, or both at the discretion of the court. If the offender is engaged in business and such
1688business is used in violation of the preceding provision, the establishment shall be closed
1689without prejudice to its right to due process. In case of conviction, all property used during
1690such violation shall be confiscated in favor of the LGU.
1691
1692Prohibited acts already punished or sanctioned by any existing national law shall be
1693prosecuted under such laws.
1694
1695 ARTICLE VIII
1696 FINAL PROVISIONS
1697
1698Section 30. IMPLEMENTING RULES AND REGULATIONS. – Unless otherwise provided
1699in this Code, the Provincial Council for the Protection of Children (PCPC) in consultation with
1700all appropriate government agencies and non-government organizations shall formulate the
1701necessary rules and regulations for efficient and effective implementation of this Code within
1702ninety (90) days after the effectivity of this Code.
1703
1704Such rules and regulations shall take effect after fifteen (15) days following the completion of
1705their publication in two (2) local newspapers of general circulation in the Municipality of
1706Alabel.
1707
1708Section 31. PENALTY FOR REFUSAL OR NEGLECT ON THE PART OF ANY
1709GOVERNMENT OFFICIAL OR EMPLOYEE TO IMPLEMENT THIS CODE. Any
1710government official or employee charged with the duty to implement this Code, and who
1711refuses or neglects his or her duty shall be subject to administrative sanctions as established
1712under the Civil Service Law and other pertinent laws.
1713
1714Section 32. COLLECTION OF PENALTIES. All penalties derived from this Code shall be
1715directly paid to the Municipal Treasurer’s Office, this Municipality, and shall be accounted as
1716trust fund of the MCPC.
1717
1718Section 33. APPROPRIATIONS. For effective and efficient implementation of this Code, the
1719Municipality of Alabel of Sarangani including the seven (7) municipalities shall regularly
1720appropriate funds of not less than one percent (1%) from its Internal Revenue Allotment and
1721without prejudice to an additional appropriation in the Supplemental Budget and shall be
1722incorporated in the annual budget of the LGU.
1723
1724Section 34. SEPARABILITY CLAUSE. If for any reason a provision of this Code is declared
1725invalid or unconstitutional, all other provisions hereof shall be not affected thereby and shall
1726continue to be in full force and effect.
1727
1728Section 35. REPEALING CLAUSE. All Ordinances, Executive Orders, Resolutions and
1729other Local Memorandum or Rules inconsistent with the provisions of this Code are hereby
1730repealed or modified accordingly.
1731
1732Section 36. EFFECTIVITY CLAUSE. This Code shall take effect after fifteen (15) days
1733following the completion of its publication in two (2) local newspapers of general circulation
1734within the Municipality of Alabel.
1735
1736
1737
1738
1739
1740

33 ALABEL CHILDREN’S WELFARE CODE OF 2017


1741
1742Enacted: ______________
1743
1744
1745
1746
1747
1748
1749
1750
1751

34 ALABEL CHILDREN’S WELFARE CODE OF 2017

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