Republic of the Philippines Province of Camarines Sur MUNICIPALITY OF DEL GALLEGO -00000- OFFICE OF THE SANGGUNIANG BAYAN July 17, 2020 The Honorable Members Sangguniang Panlalawigan Province of Camarines Sur Legislative Building, Capitol Complex Cadlan, Pili, Camarines Sur Thru: Ms. Rosario E. Polillo Acting Provincial Secretary Office of the Provincial Secretary Sangguniang Panlalawigan, Cam. Sur Gentlemen & Ladies This is to respectfully submit to your office the herein seventeen (17) hard copies of Municipal Ordinance No. 04, s. 2020 entitled, “AN ORDINANCE ENACTING THE CHILDREN’S CODE OF DEL GALLEGO CAMARINES SUR? with its PDF copy ina CD, in consonance with the procedures in the Review of Municipal Ordinances and other kind of legislative measures for favorable inclusion and consideration in the Calendar and Order of Business of the August Body (Sangguniang Panlalawigan) of the Province of Camarines Sur. Trusting for kind attention, consideration and/or favorable action, Thank you and warm regards. Very truly yours, LANELITA J. GONZALEZ, Secretary to the SanggunianAe Republic of the Philippines Province of Camarines Sur MUNICIPALITY OF DEL GALLEGO -00000- OFFICE OF THE SANGGUNIANG BAYA! CERTIFICATION ‘To Whom It May Concern: ‘THIS IS TO CERTIFY that the herein submitted CD containing the PDF copies of Municipal Ordinance No, 04, s. 2020 entitled, “AN ORDINANCE ENACTING THE CHILDREN’S CODE OF DEL GALLEGO CAMARINES SUR”, hereto attached are the true and correet copies of said legislative measures from the original file. THIS CERTIFICATION is issued for record, justification and/or whatever Purpose it may serve. ISSUED this 17 day of July 2020 at the Office of the Sangguniang Bayan, Del Gallego, Province of Camarines Sur, Philippines. a LANELITA J. GONZALEZ Secretaryjto the SanggunianRepublic of the Philippines Province of Camarines Sur MUNICIPALITY OF DEL GALLEGO. -00000- OFFICE OF THE SANGGUNIANG BAYAN CERTIFICATION TO WHOM IT MAY CONCERN: THIS IS TO CERTIFY that copies of Municipal Ordinance No. 04, s. 2020 entitled, “AN ORDINANCE ENACTING THE CHILDREN’S CODE OF DEL. GALLEGO CAMARINES SUR”, have been posted in three (3) conspicuous places in the Municipality of Del Gallego, Camarines Sur particularly in the New Municipal Hall Building, Old Legislative Building, and the Public Market in the Poblacion Proper of this Municipality. THIS CERTIFICATION is issued in consonance with the Penal Provisions of R.A. 7160 commonly known us the Local Government Code of 1991 specifically as per Section SIL (a). THIS CERTFICATION i purpose it may serve. issued for records, justification and/or whatever ISSUED THIS 17" day of July, 2020 at the Office of the Sangguniang Bayan, Del Gallego, Province of Camarines Sur, Philippines, LANELIBA }. GONZALEZ Secretary|to the SanggunianRepublic ofthe Philippines Province of Camarines Sur MUNICIPALITY OF DEL GALLEGO -00000- OFFICE OF THE SANGGUNIANG BAYAN EXCERTS FROM THE MINUTES OF THE REGULAR SESSIOIN OF THE SANGGUNIANG BAYAN OF DEL GALLEGO, CAMARINES SUR, HELD _ON APRIL 22, 2020 AT THE MUNICIPAL SESSION HALL Present Hon. Florencia G. Bargo + Municipal Councilor/Temp. PO Hon. Eduardo C. Uy Jr, ~ Municipal Councilor Hon. Carlito A. Bocago + Municipal Councilor Hon. Arnel T. Verdejo = Municipal Councilor Hon. Aaron A. Malinao + Municipal Councilor Hon, Francisco D. Verceluz + Municipal Councilor Hon. Emma Q. Jorviea + Municipal Councilor Hon. Isidro M. Magcawas + Municipal Councilor Hon. Eduardo R. Terrenal + ABC President Hon. Russel M. Balanlayos + Sk Federation President Hon. Atty. Cleto R. Suarilla, Mun. Vice Mayor/Work from Home-ECQ. Absent : None anEESEEEEEEEEeemememmmemmmmmmememeeemeeneeeeeeee MUNICIPAL ORDINANCE NO. 04 Series of 2020 “AN ORDINANCE ENACTING THE CHILDREN’S WELFARE CODE OF DEL GALLEGO CAMARINES SUR” WHEREAS, R.A. 7160 commonly known as the Local Government Code of 1991, states that, municipalities shall exercise and discharge its powers, functions and responsibilities appropriate or incidental to the efficient and effective provision of basic facilities and services which includes, among others programs, projects and activities on child and youth welfare; WHEREAS, Child 21 states, there is a need to be sensitive to the needs of children by building a Child Friendly Society where children are nurtured and allowed to grow and develop in dignity, protected from threats to their well-being and free to express themselves and participate on their development; WHEREAS, children are considered the “Hope of the Nation”, however considered as the most vulnerable sector of our society, recalling that, in the Universal declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance; WHEREAS, the municipality of Del Gallego considered the family as the fundamental group of society and the natural environment for the growth and well- being ofall its members particularly the children and should be afforded the necessary Protection and assistance to fully assume its responsibilities within the community; A 7 a te a qQMun, Ore, No. 08 5.2020 page 2 WHEREAS, in keeping with its duties and commitment to uphold the rights and well being of children, the Municipal Government of Del Gallego, Camarines Sur deems it proper to adopt the measures and address these needs; WHEREFORE: On Motion of Municipal Councilor Carlito A. Bocago, Chairman, Committee on Laws and Ordinances duly seconded by Municipal Councilor Emma Q. Jorvina BEIT ORDAINED AS IT IS HEREBY ORDAINED BY THE SANGGUNIANG BAYAN OF DEL GALLEGO, CAMARINES SUR IN SESSION DULY ASSEMBLED, THAT : ARTICLE 1 TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS Section 1 — Title ~ this ordinance shall be known as the Del Gallego, Camarines Sur Children’s Welfare Code. Section 2~ DECLARATION OF POLICY AND PRINCIPLES — Government of Del Gallego, Camarines Sur declares that : The Local 2a, it adheres to the general principles provided for in the Article XV — Section 1 of the 1987 Constitution of the Republic of the Philippines that “the State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development”, and as such the local government of Del Gallego shall give utmost priority for its local exeeu in terms of programs and projects for that purposes. 2b. It adheres to the principles provided for in Article I, Section 12 of the 1987 Philippine Constitution that, “the State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution, It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the raring of the youth for civic efficiency and development of moral character shall receive the support of the government”, and as such, the local government of Del Gallego shall recognize the primary role and responsibility of parents or legal guardians in the care and welfare of the children or in cases where it is not possible for parents and legal guardians to rear their children, they shall be referred to the private and public welfare institutions; and -- - Article I, Section 13 ~ “the State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, s| intellectual and social well-being, It shall inculcate in the youth patriotism and nationalism and encourage their involvement in public and civic affairs, and - - ql 7 ae U‘Mun, Ord. No. 08 +2020 pore Article XV, Section 3 (2) ~ “the State shall defend the rights of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development”. 2c. it adheres to the general frameworks of 1989 United Nation Convention on the Rights of the Child which provides among other four general principles as follows: 2c.1 = Article 3 (1) In all actions concerning children, whether undertaken by the public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration, 2c.2 - Article 12 (1) States Parties shall assure to the child who is capable of forming his or her own views, the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2c3 ~ Article 6 (2) State Parties shall ensure to the maximum extent possible the survival and development of the child. 2c4 — Article 2 (2) State Parties shall take all appropriate measures to punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians or family members. Section 3 - DEFINITION OF TERM: 3a, Children — refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disal 3b. Child Abuse ~ refers to the maltreatment of the child, whether habitual or not, which includes any of the following: 3b. ~ Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; 3b.2 ~ Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; 3b.3 - Unreasonable deprivation of his or her basic needs of survival such as food, clothing and shelter, or 3b4— Failure to immediately give medical treatment to an injured child resulting in serious impairment of his or her growth and development or in his/her permanent incapacity or death. x3c. Circumstances which gravely threaten or endanger the survival and normal development of children include, but not limited to, the following. 3-1 ~ Being in a community where there is armed conflict or being affected by armed ‘conflit-related activities; 3e.2 ~ Working under conditions hazardous to life, safety and morals which unduly interfere with their normal development; 3e3 — Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or any adult supervision needed for their welfare: 3e4 — Being a member of an indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lack ot has inadequate access to basic services needed for a good quality of life; 3c5 ~ Being with the family member or guardians having psychological problems grave enough for them to commit incest, siblings rape, lascivious acts and other forms of physical and mental abuse. 3¢.6 ~ Being a victim of an illegal transnational union or child trafficking. 3e.7 — Being a victim of man-made or natural disaster or calamity 3e.8 — Recruitment of children in the Armed Forces of the Philippines or its civilian units 3c.9 ~ Circumstances analogous to those above stated which endanger life, safety or normal development of children, 3d. Comprehensive program against child abuse, exploitation and discrimination refers to the coordinated program of services and facilities to protect the children against 3da1. Child prostitution and other sexual abuse 3d.2. Child Trafficking 34.3. Obscene publication and indecent shows 3a Exploitation 3U.5. Other acts of abuse 34.6. Circumstances which threaten or endanger the survival and normal development of children. 3e. Comprehensive Support System for the Development of Children also refers to the coordinated program of services and facilities outlined in Section 3 of RA 6972 and as prescribed by the UN Convention on the Right of the Child, A ime f GB Xx3f. Development rights pertain to the access of the child to educational opportunities, relevant information, play, leisure, cultural activities, and the right of freedom of thought, conscience and religion, 3g, Junk Foods — are foodstuffs which are produced with artificial flavors, coloring and preservatives which may have been found to contain carcinogenic elements harmful to the body or those sold beyond their expiry period 3h, Participation Rights ~ include in the child’s freedom to express oneself in matters affecting his/her life as part of preparation for responsible parenthood and to freedom of association. 3i, Del Gallego Children Welfare and Protection Council ~ refers to the body which is responsible for coordinating and monitoring the implementation of ordinance and law on children’s rights, protection and welfare. 3). Survival Rights — the rights of children to demand from the state, their parents or legal guardians for adequate living standards, access to basic health services and social security 3k. Anti-Social Related Activities — are those acts against properly, chastity and person which include, but not limited to the following: Petty crimes such as snatching, shoplifting, misrepresentation; Using and pushing prohibited drugs and other habit forming substance/s; Selling and distribution of lewd/obscene reading materials; Pimping for young and adult prostitutes, sexual perversions and doing or participating in obscene shows; e. Gambling in any form; f Rape and incest, and 8 All other circumstances which are defined under existing laws, aege 31. Protection Rights ~ cover those which guard against all forms of child abuse, exploitation and discrimination in the major areas where a child is considered in extremely difficult circumstances. 3m. “Youthful Offender” ~ one who is over nine (9) years but less than twenty-one (21) years of age at the time of the commission of the offense, 3n. “Hazing” ~ an initiation rite being conducted as a prerequisite for admission as member in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in an embarrassing or humiliating situation such as forcing him/her to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him/her to physical or psychological suffering or injury. Pu bs. 0 By tardypage 6 ARTICLE II PROTECTION RIGHTS OF CHILDREN Section 4- Program on Child Abuse, Exploitation and Discrimination shall be implemented after one (1) year from the approval and effectivity of this ordinance. A Comprehensive Program shall be formulated within one (1) year from the approval of tis code by the Del Gallego Children Welfare and Protection Council and the Municipal Social Welfare Office after consultation with other government agencies, private sectors, hon-government organizations and child welfare institutions that are concerned with protection and development of children’s rights and welfare Section 5 — Child Prostitution and other Sexual Abuse ~ Children, whether male or female, who for money, profit or any other consideration or due to the coercion of influence by any adult, syndicate or groups, who indulge in sexual intercourse or lascivious conduct are deemed to be children exploited through prostitution and other sexual abuse. ‘The penalty as prescribed in Section 5 of Republic Act 7610 — “An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties For its Violation and For other Purposes, Enacted by the Senate & Congress on July 22, 1991, shall be imposed upon the following: a. Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to the following: 1. Acting as a procurer of a child prostitutes by means of written of oral advertisements or other similar means; Inducing a person to be client of a child prostitutes by means of written or oral advertisements or other similar means Entering into relationship with, or taking advantage of a child as a prostitute; 4. Threatening or using violence towards a child to engage him or her as a prostitute or participant in indecent shows. 5. Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution. b. Those other persons who commit the act as stated in the Article Il of Republic Act 7610 shall be penalized accordingly as prescribed in the same. Section 6 — Obscene Publications and Indecent Shows and X Rated/Lewd Movies ~ Any person who shall hire or employ, use, persuade, coerce or force a child 10 perform in obscene exhibitions and indecent shows whether live or in video, pose or model on obscene publications or porno-graphic materials shall suffer the penalty as prescribed in R.A 7610 in so far as it is applicable. On the other hand any person/s, and or business establishment/s or even private ( oOage? dwellings that sell/facilitate/promote smut/pornographic/bold pictures/magazines/books and any form of publication, videos (ed, ved, dvd, vhs tapes, usb) that illicit lewd/obscene and or X Rated movies to minors shall be penalized with a fine of Php 1,500.00 and the confiscation of obscene material/s or an imprisonment of 3 months or both upon the discretion of the court, Section 6.1; RA 9775 - Child Pornography RA 9995 - This Act shall be known as the “Anti-Photo and Video Voyeurism Act of 2009" Section 6.2. Declaration of Policy. - The State values the dignity and privacy of every human person and guarantees full respect for human rights. Toward this end, the State shall penalize acts that would destroy the honor, dignity and integrity of a person. Section 7 — Sanctions for Establishments or Enterprises which Promote, Facilitate or Conduct Activities Constituting Child Prostitution and other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows. All establishments or enterprises which promote or facilitate child prostitution and sexual abuse and exploitation, child trafficking, obscene publications and indecent shows, and other acts of abuse shall be immediately closed and their authority or license to operate be cancelled, without prejudice to the owner or manager thereof being prosecuted under this ordinance, A sign of the “Child Rights Violators” will be conspicuously posted outside the establishment or enterprise for such period as the council shall determine. Section 8 - Other Acts/Forms of Child Abuse, Neglect or Cruelty or Exploitation and other Conditions Prejudicial to a Child's Development. Any person who shall commit any other acts of child abuse, cruelty or exploitation or be responsible for other conditions prejudicial to the child’s development including those covered by Article 59 of P.D No. 603, as amended but not covered by Revised Penal Code shalll suffer the sanctions mandated by Republic Act No. 7610. Section 9- Child Trafficking — any person who shall engage on trading and dealing children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty as prescribed in Article IV of the RA Act No. 7610, An attempt to engage in child trafficking is committed under the guise of the following circumstances/situations and thereto should be punished accordingly. a. When a child below 15 years old travels alone to or from Del Gallego without valid reasons or permit or jurisdiction from the child’s parents or legal guardian; b. When a pregnant mother, father or guardian executes an affidavit of consent for adoption for a consideration or in any manner that causes the registration of the birth of such child in the name of another with or without consideration: « yr 4page 8 ©. When a person agency, establishment or child caring institution recruits women or couples to bear children for the purpose of child trafficking : 4 When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person who stimulates birth for the purpose of child trafficking; ©. When any person, authority, agency, or institution witnesses but fails/refuses to report any transaction related to circumstances in child trafficking: £ When a person engages in the act of finding children among low-income families, hospitals, cfinies, nurseries, day-care centers or other child-caring institutions for the purpose of child trafficking; Section 9.a Special Protection of Children in Situation of Armed Conflict Act (RA 11188). This Act shall be known as the "Special Protection of Children in Situations of Armed Conflict Act". Ensure the right to participation of children affected by armed conflict in all its policies, actions, and decisions concerning their rescue, rehabilitation and reintegration. RIGHTS OF CHILDREN IN SITUATIONS OF ARMED CONFLICT Children as Zones of Peace. - Children are hereby declared as Zones of Peace. As such, they shall be treated in accordance with the policies stipulated under Article X, Section 22 of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act’. Treatment of children as Zones of Peace shall extend beyond territorial or geographical boundaries and shall focus on the person of the. child whose rights shall be promoted and protected at all times, especially in situations of armed conflict or violence. The State and all sectors concerned shall have the responsibility to resolve armed conflict in order to promote the goal of children as Zones of Peace. As such, the community, governmental authority and, if appropriate, religious leadership shall preserve the peaceful integrity of children, exemplify mutual respect and nonviolent behavior in the presence of children, and share their resources to further peace and cooperation Rights of Children in Situations of Armed Conflict.- Children in situations of armed conflict shall have the following rights: (@) The right to life, survival and development; (b) The right of special respect and protection against any form of abuse, Neglect, exploitation and violation, especially in the context of armed conflict; (C) The right to be treated as victims. They shall be treated in accordance with this Act and other applicable laws, consistent with the State obligations under international law, within the framework of restorative justice, social rehabilitation and promotion of their protection; (@) The right to be accorded with special respect and to be protected from ‘X A a ft a2 \ \ v any form of direct or indiscriminate attacks and acts of violence, especially protection from the grave child rights violations as enumerated in Section 9 of this Act; (@) The right to be protected from recruitment into government forces or armed groups and from participation in armed conflict including the right to be protected from torture or any cruel, inhuman or degrading practices that compel compliance or punish noncompliance with recruitment or participation in armed conflict; (f) The right to be protected from maiming, torture, abduction, rape and killing, especially extrajudicial killing; (g) The right to be immediately provided and have safe access to essential, adequate and culturally appropriate food and nutrition; basic shelter and housing; culturally appropriate clothing; water, sanitation and hygiene; basic health services including essential drugs, medicines and vaccines, minimum initial service package for reproductive health, and health professional evaluation and appropriate intervention; education including religious and moral education; early childhood care and development programs, psychosocial support and social services. All services provided for them must be child-specific and gender sensitive and responsive; (h) The right to enjoy their freedom of thought, conscience, religion or belief, opinion and expression; to associate freely and participate equally in legitimate community affairs; to communicate in a language they understand even in situations of armed conflict and whether or not they have been internally displaced or are living in evacuation centers or settlements; (i) The right to be treated humanely in all circumstances, without any adverse distinction founded on race, color, religion or faith. Sexual Orientation, Gender Identity and Expression (SOGIE), birth, wealth or any other similar criteria; (j) The right not to be interned or confined in camp ; (k) The right of the injured, the wounded and the sick, those with disabilities, those who are separated and unaccompanied, expectant and lactating mothers, to care, protection and assistance required by their condition and treatment which takes into account their special needs such as their health needs, reproductive health care, appropriate counselling, prevention of infectious diseases and Mental Health Psychosocial Support Services; (I) The right to be with their families, especially with their mothers, during evacuations and in evacuation centers; (m) The right to be reunited with their families in case of separation due to armed conflict; a fe tt er 7 WwMun, Ord, No, 04 5.2020 eee 10 (n) The right to privacy and confidentiality in all proceedings; (0) The right to nondiscrimination; (p) The right to liberty of movement and freedom to choose their residence; in particular, internally displaced children and their families have the right to move freely in and out of evacuation centers or other ‘settlements, subject to existing rules and regulations in those centers or settlements and to other government regulations and directives; (q) The right especially of internally displaced children and their families to: leave the country; seek safety in another part of the country; seek other service providers; seek asylum in another country; and be protected against forcible return to resettlement in any place where their life, safety, liberty or health would be at risk; (*) The right to obtain necessary documents to enjoy their legal rights. The State shall have the duty to expedite services in the issuance of new documents or the replacement of documents lost in the course of displacement, without imposing unreasonable conditions and without discrimination against female child and male child, who shall have equal rights to obtain and to be issued the same in their own names; (8) The right of access to justice including free legal aid when filing cases against the perpetrators; (t) The right to the protection of their family’s properties and possessions in all circumstances; and (u) The right to be consulted and to participate in all matters affecting them. Whenever feasible, views of children, as well as families and the communities to which these children return, should be sought in all stages of assessment, planning, implementation and evaluation activities aimed at preventing the association of children with government forces and armed groups; as well as in the development and design of policies, programs and services for the rescue, rehabilitation, and reintegration of children involved in armed conflict The rights enumerated in this section shall not hinder the application of other rights recognized and guaranteed in the Constitution and other existing laws in keeping with the best interests of the child. PREVENTION Prevention. - The State shall take all feasible measures to prevent the recruitment, re-recruitment, use, displacement of, or grave child rights violations fn aw Lopage 1 against children involved in armed conflict. It shall take all necessary measures to ensure the effective implementation and enforcement of the provisions of this Act. Towards this end, the State shall: (a) Prioritize children’s issues in the peace program of the government and include children s concerns, specifically the effects of armed, conflicts, in peace negotiations; (b) Pursue in both formal and non-formal settings the mainstreaming of peace education programs and the promotion of the culture of peace and nonviolence; (c) Provide educational assistance, whether formal or alternative learning system, that is child and culturally sensitive. Girls should have an equal right to education irrespective of their status as mothers or wives; (d) Develop and implement training programs and campaign towards promoting a culture of peace and respect for human rights and international humanitarian law in collaboration with civil society organizations; (©) Provide Capacity Building on Local Governance and Community Development, and ensure the participation of the Local Councils for the Protection of Children, various organizations, especially of children’s and people's organizations at the community level. These organizations shall be involved in consultation and decision-making processes and in the development and implementation of programs, projects and activities established for them; (f) Establish livelihood programs which shall be made available to communities in all affected areas in order to alleviate the living conditions of the people; (g) Make available basic health services in health facilities in all affected areas. Culturally-sensitive nutrition programs and activities including supplementary feeding shall also be made available. Efforts to support traditional health practices in indigenous peoples’ area shall also be initiated; (h) Establish basic facilities and infrastructure needed; (i) Ensure that child protection mechanisms are present and functional; and () Establish a comprehensive, effective and efficient system for monitoring and reporting and response for violations as provided in Section 9 of this Act. a fh: fz y J it — fpage 12 PROHIBITED ACTS, PENALTIES AND PRESCRIPTION OF CRIME Prohibited Acts and Penalties - (a) It shall be unlawful for any person to commit the following acts of grave child rights violations: (1) Killing of children; (2) Torture committed against children. For purposes of this Act, torture shall include those enumerated in Section 4 of Republic Act No. 9745, otherwise known as the “Anti-Torture Act of 2009"; (3) Intentional maiming of children; and (4) Rape of children and other forms of sexual violence. Any person found guilty of committing any of the acts enumerated in subparagraphs (1), (2), (3) and (4) of paragraph (a) of this section shall suffer the penalty of life imprisonment and a fine of not less than Two Million pesos (P2,000,000.00) but not more than Five Million Pesos (P5,000,000.00) (b) The following acts of grave child rights vi Prohibited: lations are also hereby (1) Cruel, inhuman and degrading treatment or punishment committed against children. For purposes of this Act, cruel, inhuman and degrading treatment or punishment shall include those acts enumerated in Section 5 of the “Anti-Torture Act of 2009"; (2) Abduction of children; (3) Causal maiming of children; (4) Taking children as hostages or using them as human shield; (5) Recruitment, conscription or enlistment of children into government forces and other armed groups; (6) Acts of gender-based violence against children; (7) Refusal or denial of humanitarian access or assistance to children; (8) Use or involvement of children involved in armed conflict in any capacity as defined in Section 5(i) of this Act; and 4 wMun. Ord. No. 04 5.2020 page 13 (9) Attack on schools, hospitals, places of worship, evacuation centers and settlements and other public places such as recreation parks, playgrounds and malls. Any person found guilty of committing any of the acts enumerated in sub- paragraphs (1), (2), (3), (4), (5), (6), (7), (8) and (8) of paragraph (b) of this section shall suffer the penalty of imprisonment of not less than fourteen (14) years but not more than twenty (20) years and a fine of not less than One Million Pesos (P 1,000,000.00) but not more than Two Million Pesos (P 2,000,000.00). (National Law) (c) Where the crimes committed under paragraph (b) of this section Tesulted in the killing, torture, maiming or rape of children as enumerated in sub-paragraphs (1), (2), (3) and (4) of paragraph (a), Section 9, the penalty imposed shall be that of Section 9(a) of this Act. (d) Likewise, it shall be unlawful for any person to commit the following acts: (1) Hamleting; (2) Food blockade; (3) Intentional delayed reporting of a child in custody; (4) False reporting of a child in custody ; (5) False branding of children or labeling children as child involved in armed conflict; and (6) Arrest, arbitrary detention or unlawful prosecution of children allegedly associated with armed groups or government forces. Any person found guilty of committing any of the acts enumerated in subparagraphs (2), (2), (3), (4), (5) and (6) of paragraph (d) of this section shall suffer the penalty of imprisonment of not less than six (6) years but not more than twelve (12) years and a fine of not less than Five Hundred Thousand Pesos (500,000.00) but not more than One Million Pesos (®1,000,000.00). (National Law) (e) Parental accountability of children in situations of armed conflict are subject to the existing provisions of Presidential Decree No. 603 otherwise known as "The Child and Youth Welfare Code"; Republic Act No. 7610; Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003"; Republic Act No. 9231 on the elimination of worst forms of child labor; Republic Act No. 9851, otherwise known as the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity", and Republic Act No 10364, otherwise known as the "Expanded Anti-Trafficking in Persons Act of 2012": Provided, That the involvement of the child was due to parental 4 LOK fae: Wh) Xpage 14 action or inaction; or the parent directed or ratified the involvement of the child; or the child acted as the parent's agent or servant; or the child was entrusted a dangerous weapon or instrument. Non-implementation or Violation of Any Other Provision of this Act or the Rules and Regulations in General. - Any public officer who shall knowingly and maliciously prevent, prohibit, refuse or discontinue the implementation of any provision of this Act or any rule and regulation promulgated in accordance thereof, or in any other way violate them if such officer has the duty to implement, shall be punished by imprisonment of not less than six (6) years but not more than twelve (12) years and perpetual absolute disqualification from public office. ‘Any such officer who shall prevent, prohibit, refuse or discontinue the implementation of this Act or its rules and regulations, or in any other way violate them by reason of inexcusable negligence or ignorance, shall suffer the penalty of imprisonment of not less than one (1) month but not more than six (6) months and temporary special disqualification from public office. The public officer liable under this section shall, in addition to imprisonment, beheld administratively liable under existing applicable laws. Any person who shall deliberately commit any other act not covered in Section 9, which shall result in prejudicing the rights of children in situations of armed conflict shall suffer the penalty of imprisonment of not less than six (6) months but not more than six (6) years. Forfeiture of Proceeds, Property and Assets. - The court shall order the forfeiture of proceeds, property and assets derived, directly or indirectly, from the crimes defined and penalized in this Act, without prejudice to the rights of the bona fide third party. The court shall impose the corresponding accessory penalties under the Revised Penal Code, as amended, especially where the offender is a public officer. The liabilities imposed in this Act shall not prejudice the application of other existing criminal, civil and administrative liabilities that may additionally be imposed upon the person. Nonprescription. - The crimes defined and penalized under this Act, their prosecution and the execution of sentences imposed on their account shall not be subject to any prescription. PRINCIPLES OF CRIMINAL LIABILITY AND APPLICATION OF PENALTIES Inrelevance of Official Capacity - This Act shall apply equally to all persons without any distinction based on official capacity. In no case shall the official capacity exempt a person from criminal responsibility or constitute 2 ground for reduction of sentence. 4 fp ft AF ) WwMun. Ord, No 08 are Responsibility of Superiors - In addition to the grounds of criminal responsibility for crimes defined and penalized under this Act, a superior shall be criminally responsible for such crimes committed by subordinates where: (@) The superior either knew or, owing to the circumstances at the time, should have known that the subordinates were committing or were about to. commit such crimes; or (b) The superior failed to take all necessary, legitimate and reasonable measures to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution. Orders from a Superior. - The fact that a crime defined and penalized under this Act has been committed by a person pursuant to an order of a superior shall not relieve that person of criminal responsibilty unless all of the following elements occur: (2) The person was under a legal obligation to obey orders of the superior in question; (0) The person did not know that the order was unlawful; and (c) The person acted under duress or coercion. For purposes of this section, orders to commit grave child rights violations ‘enumerated in Section 9 hereof are manifestly unlawful and shall be punished under this Act and other applicable existing laws. Unknown Superior - Where the crimes defined and penalized under this ‘Act have been committed by a person pursuant to an order or command of an unknown superior, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or who has performed similar acts on behaif of the armed groups, shall be deemed the superior. INVESTIGATION, PROSECUTION AND COURT Court, Prosecutors and Investigators.- The Family Courts shall have original and exclusive jurisdiction over the crimes punishable under this Act. The Commission on Human Rights (CPIR), the Department of Justice (DOJ) and its attached agencies, the PNP or other concemed law enforcement agencies shall designate prosecutors or investigators, as the case may be, for cases involving crimes punishable under this Act. ‘The State shall ensure that judges, prosecutors and investigators designated for purposes of this Act, receive effective training in human rights particularly on the Convention on the Rights of the Child and its Optional Protocol on the -_ 2". @ Xpage 16 Involvement of Children Involved in Armed Conflict and related international instruments, International Humanitarian Law, International Criminal Law and National Guidelines and Protocols on the Handling and Treatment of CIAC. Requirement and Procedures on Age Verification and Presumption of Minority. - The child involved in, affected by or displaced by armed conflict, shall enjoy the presumption of minority and shall enjoy all the rights of a child recognized in this Act and other applicable laws unless proven to be at least eighteen (18) years of age or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent document. In the absence of these documents, age may be based on information from the child, testimonies of other persons, the physical appearance of the child and other relevant evidence such as dental records. In case of doubt as to the age of the child, it shall be resolved in favor of the child being deemed a minor. Any person contesting the age of the child prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court, which shall decide‘the-case within twenty-four (24) hours from receipt of the appropriate pleadings Of all interested parties. Ifa case has been filed against the child and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended. In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts to determine the age of the child involved in armed conflict. Protection of Victims and Witnesses. - in addition to existing provisions in Philippine law for the protection of victims and witnesses, the following measures shall be undertaken: (a) The court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of child victims and witnesses. Pursuant thereto, the court shall give due regard to all relevant factors, including age, gender and health, and the nature of the crime, particularly where the crime involves sexual or gender-based violence or violence against children: (b) The court shall protect the privacy of child victims and witnesses and observe confidentiality consistent with existing rules on examination of child victims and witnesses; (c) Where the personal interests of the child victims are affected, the court shall consider the child victim's views and concems in accordance with established rules of procedure and evidence; and oo [ea XQ‘Mun. Ord, No. 04 s.2020 page 17 (d) Where the disclosure of evidence or information may be prejudicial to the security of the child, witness or the family, the prosecution may withhold such evidence or information and instead submit a summary thereof consistent with the rights of the accused to a fair and impartial trial Reparation to Victims - In addition to existing provisions in Philippine law and procedural rules for reparations to victims, the following measures shall be undertaken: (a) The court shall follow the principles relating to the reparations to, or in respect of, child victims, including restitution, compensation and rehabilitation, taking into consideration the scope and extent of any damage, loss or injury suffered by child victims, (b) The court shall make an order directly against a convicted person specifying appropriate reparations to child victims, including restitution, compensation and rehabilitation; and (c) Before making an order under this section, the court may invite and shall take account of representations from or on behalf of the convicted person, child victims or other interested persons. Nothing in this section shall be interpreted to prejudice the rights of child victims under national or international law. Immunity from Suit for Persons Providing Assistance. - Any person who shall take custody of children involved in armed conflict to ensure their safety or provide them any form of assistance shall be exempt from any civil, criminal and administrative liability: Provided, That the person taking custody shall report it to the Local Social Welfare and Development Office (LSWDO), the PNP or to the barangay office within forty-eight (48) hours from custody REHABILITATION AND REINTEGRATION, RESCUE AND RELEASE Rescue, Rehabilitation and Reintegration. - The State shall institute policies, programs and services for the rescue, rehabilitation and reintegration of children in situations of armed conflict. The programs, which shall be provided by civilian local and national government agencies, in partnership with non- government organizations shall aim at providing services for children while involving their families, communities and other entities to facilitate the children’s reintegration process. These services shall include psychosocial support, health and nutrition, education, livelihood for families and other basic or legal services, as may be necessary. Any program intervention shall be designed with due respect to the culture of 4 ce meMun. Ord. No, 08 5.2020 page 18 each child, family and community. The child shall, at all times, be provided with legal assistance and physical security upon rescue. Regardless of the perceived association of the children to one of the sides of the conflict, they shall benefit from all available medical, psychosocial, legal, shelter and educational response mechanism services for the victims of armed conflict. The State shall take into account the protocol in the rescue, rehabilitation and reintegration of children, specified below: (a) Rescue. - The State shall provide for adequate measures and mechanisms to facilitate the recovery, either voluntary or involuntary, of children from armed groups or government forces. It shall provide legal and physical security to children involved in armed conflict including services such as family tracing and system of referral or response on various psychosocial services needed by the victims; (b) Rehabilitation. - The civitian national or local government agencies and civil society organizations shall facilitate the normal development of children victims in their post-involvement phase. It shall provide services including therapeutic counseling, security and protection, educational assistance and livelihood opportunities to their parents, relatives or guardians or to the victims when they become of age; (¢) Reintegration. — The civilian national or local government agencies and civil society organizations shall bring children back to their families or communities whenever possible. This shall involve services including the provision of alternative parental care. Trainings aimed to enhance community readiness in the reintegration of these children shall also be undertaken. Processes to facilitate the reintegration, healing and reconciliation of CIAC with their communities shall also be undertaken. Whenever possible, interventions for children shall be done with respect to. their opinion. Interventions for indigenous peoples (IPs) children shall be conducted in recognition of the traditional structures and institutions of their communities. Section 10. The act of mendicancy or begging in any form of a Child/Juvenile is strictly prohibited in Del Gallego, Camarines Sur. Children found to be begging shall be apprehended and brought to the Municipal Social Welfare and Development Office for proper treatment. The father, mother, natural or legal guardian of a child who tolerates, allows, knowingly or unknowingly said child under his custody/guardianship to ask, solicit or beg for alms, donations, contributions or perform any act of mendicaney from anybody in public places shall be penalized in the amount of Php $00.00 or imprisoned for a period of 15 days or both at the discretion of the Court. Any organization, groups or so called “syndicates” who employ or force minors/children to beg or perform any act of mendicancy shall be meted with a fine pO mb oF x 4‘Mun. Ord. No, 04 5.2020 age 19 of Php 2,000.00 (cach member of the group/syndicate), or be imprisoned for 12 ‘months or both upon the discretion of the court Section 11, Employment of Children. Children as defined in this Ordinance shall not be employed: Provided that: a) The minimum requirements as stated in Section 12 of Republic Act No. 7610 shall be present; b) The employer shall register the child or children they employ in the Del Gallego Council for the Welfare of Children and the Family Concems to enjoy benefits and other special protection as may be provided for by the said special office tasked to formulate rules and regulations. No person shall employ a child to model in all forms of commercial or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its by product, junk foods, and violence. Any person who shall violate any provision of this Article shall suffer penalty as prescribed in Section 16 of Republic Act No, 7610. Section 11.a RA 9231- Elimination of lowest form of Child Labor. Republic Act No. 9231, An Act Providing For The Elimination Of The Worst Forms Of Child Labor And Affording Stronger Protection For The Working Child, Amending For This Purpose Republic Act No. 7610, As Amended, Otherwise Known as the “Special Protection Of Children Against Chil Abuse, Exploitation And Discrimination Act", 2003. Regarding Children in Armed Conflict: The Act, which amends Act No. 7610 on Special Protection of Children Against Abuse and Exploitation, prohibits the “worst forms of child labor", defined to mean - inter alia - as recruitment of children for use in armed conflict. The Act also provides for penalties for a violation of the mentioned prohibition, establishing that: “Section 16 (of Act No. 7610):[...] "b) Any person who violates the Provision of ‘Section 12-D of this act or the employer of the subcontractor who employs, or the ‘one who facilitates the employment of a child in hazardous work, shall suffer the penalty of a fine of not less than One Hundred Thousand Pesos (P 100,000.00) but not more than One Million Pesos (P1,000,000. 00), or imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years, or both such fine and imprisonment at the discretion of the court. Section 12, Police Brutality Committed on Children. Any brutality or in a state or quality of being harsh, ruthless, cruel or unrelenting committed against children who are suspected of committing crimes, misdemeanor or anti-social activities during arrest, apprehension, investigation and interrogation or when applied to children suspects by police authorities shall be subjected to penalty under this Ordinance as determined by the local People’s Law Enforcement Board (PLEB) without prejudice to provisions of the Revised Penal Code. Section 13. REPUBLIC ACT NO. 10627. AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS. 7 A A iy K @ a f n o a 8 7Sec 13 .a Acts of Bullying. — For purposes of this Act, "bullying" shall refer to any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to the following: a. Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons; b. Any act that causes damage to a victim's psyche and/or emotional well- being; c. Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name- calling, tormenting and commenting negatively on victim's looks, clothes and body; and d. Cyber-bullying or any bullying done through the use of technology or any electronic means. ARTICLE IL Adopt the New Ordinance Regarding Curfew Hours for Minors PAMBAYANG KAUTUSAN BILANG 06 SA TAONG 2019 ISANG ORDINANSANG NAGPAPAHAYAG NG PANGKALAHATANG PAGBABAGO AT PAGLILINAW SA MGA NAUNA NANG KAUTUSAN NA. NAGTATADHANA NG MGA REGULASYON AT ALITUNTUNIN SA PAGPAPASUNOD AT PAGPAPATUPAD NG “CURFEW HOURS” SA MGA MENOR DE EDAD SA LOOB NG BAYAN NG DEL GALLEGO, CAMARINES, SUR”, SAPAGKAT, kailangan nang baguhin ang mga nilalaman ng lumang ordinansa ng bayan ng Del Gallego, Camarines Sur na ipinasa pa noong taong 1993 — Pambayang Kautusan Bilang 08, na may —pamagat ona“ Isang Ordinansang Nagtatadhana/Nagpapasunod ng “Curfew Hours” sa mga Minor de Edad sa Bayan ng Del Gallego, Camarines Sur” at ang Pambayang Kautusan Bilang 05, sa Taong 2010 na may pamagat na “ Pambayang Kautusang Nagbabago at Nagwawasto (Amending) sa Pambayang Kautusan Bilang 08, Sa Taong 1993 na nakasaad sa itaas na bahagi, upang maiakma sa kasalukuyang panahon at gawin itong direkta at mas madaling maunawaan; SAPAGKAT, ang naunang dalawang (2) ordinansa ay matagal nang isinautos kung saan hindi na tugma sa kasakuyang nakagawiang mga gawain, pinagkakaabalahan wt at konsentrasyon ng mga kabataan sa panahong ito na tinatawag na millineal years, +B 4 vo ‘iQF page 2 kasama na rin ang nararapat na pagbabago sa mga itinakdang penalidad nito at halos ‘may magkakaparchong probisyon ang ilang seksiyon nito na dapat icangkop sa kasalukuyang panahon at kalakaran ng pamumuhay lalo sa tema ng mga kabataang, menor de edad; SAPAGKAT, sa kasalukuyang makabagong panahon kung saan laganap na ang paggamit ng intemet sa mga cellphones and computers ng mga kabataan, at sa kanilang ‘mga napapanood sa television, sa pelikula at maging sa U-tube at iba pang networks sa internet ay Kailangang-kailangan ang gabay sa Kanila at isa na sa paraan ay ang muling agpapatupad ng “curfew hours” sa mga kabataang menor de edad upang magkaroon sila ng gabay sa tamang oras ng pamamalagi sa mga computer shops at sa ano mang mga “activities” © panoorin sa labas ng kanilang mga tahanan at upang magkaroon sila ng tamang oras sa kanilang pag-aaral; May-akda: Municipal Councilor Florencia G. Bargo Chairman, Committee on Social Welfare, Community Development, Women, Children and Family Welfare INIAATAS NG SANGGUNIANG BAYAN NG DEL GALLEGO, CAMARINES SUR NA: SEKSIYON 1. PAMAGAT = Ang Ordinansang ito ay kikilalanin sa tawag na: “ISANG ORDINANSANG NAGPAPAHAYAG NG PANGKALAHATANG PAGBABAGO AT PAGLILINAW SA MGA NAUNA NANG KAUTUSAN NA. NAGTATADHANA NG MGA REGULASYON AT ALITUNTUNIN. SA PAGPAPASUNOD AT PAGPAPATUPAD NG “CURFEW HOURS” SA MGA MENOR DE EDAD SA LOOB NG BAYAN NG DEL GALLEGO, CAMARINES SUR’ SEKSIYON 2. SAKLAW : Ang Ordinansang ito ay jral sa lahat ng mga kabataan mula lubimpitong (17) taong gulang pababa sa loob ng bayan ng Del Gallego, Camarines Sur SEKSIYON 3. PAGBABAWAL: Ang lahat ng Menor de Edad, labimpitong (17) taong gulang pababa babae o lalaki ay pinagbabawalang lumabas ng bahay sa panahon 0 oras 1g “Curfew Hour” mula ika-sampu ng gabi (10:00pm) hanggang ika apat ng madaling araw (4:00am). Mahigpit na ipinagbabawal na makita silang gumagala sa alin mang bahagi ng bayan sa loob ng nasabing mga oras ng walang mahalagang kadahilanan o “emergency reasons” SEKSIYON 4. PAGLABAG/KAPARUSATIAN: (a) Ang sinumang mapatunayang lumabag, sumuway sa tadhanain at kautusang ito ng “Curfew Hours”, sa unang pagkakataon dito sa Poblacion ng bayang ito ay iba-blotter sa himpilan ng Pulisya at bibigyan ng nabenggit na tanggapan ng isang nakasulat na pangaral o tagubilin at makakauwi lamang kung susunduin ng magulang o tagapangalaga (Guardian) o kamag-anak (b) Ang mahuhuling lumabag sa kautusang ito sa mga Barangay sa unang pagkakataon ay lalagda o pipirma sa isang kasulatan (Logbook) bilang pagpapatunay na siya ay nahuli sa Paglabag sa kautusang ito. Ito ay gagawin sa harapan mismo ng Punong Barangay 0 Opisyal ng barangay sa loob ng kanyang tangeapan. Kinabukasan matapos mahuli ang bata kasama ang kanyang mga magulang, tagpag-alaga (Guardian) o kamag-anak ay ‘mag-uulat o makikipagkita sa kani-kanilang Punong Barangay sangayon na,rin sa puis x f v \ A S QQ 4Mun, Ord No.0¢ age 22 isasagawang patawag ng nasabing opisyal ng barangay sa magulang upang pag usaparvtalakayin ang kasalanang nagawa ng menor de edad. (©) Sakaling hindi dumating o tumatima ang mga magulang, tagapag-alaga (Guardian) 0 kamaganak, ang bata o Menor de Edad ay ii-indorso (endorse) ng Kinauukulang Punong Barangay sa Tanggapan ng Municipal Social Welfare and Development Officer (MSWDO) ng ating bayan at ang Pulisya ang siyang magpapatawag sa magulang 0 ‘agapag-alaga (Guardian) o kamag-anak upang mag-report din sa MSWDO. (@) Ang Menor de Edad na mahuhuli sa pangalawang pagkakataon ay magku-Community. Service sa barangay na kanyang tinitichan sa pagsubaybay ng Punong Barangay 0 Opisyal ng Barangay kasama ang kanyang magulang sa loob ng Apat Napu't Walong, (48) Oras at Magmumulta ng halagang Limang Dang (P500,00) Piso at sasailalim din ng “Guidance Counseling” sa Tangeapan ng Social Worker sa “Bahay Pag-asa” na nakatayo sa Barangay Comadogcadog, Del Gallego, Camarines Sur. (e) Pangatlong pagkakataon - Community Service sa loob ng Siyam Napu't Anim (96) na (Oras at multang halagang Pitong Daan at Limampung (P750.00) Piso at sasailalim din ng “Guidance Counseling” sa tanggapan ng Social Worker sa Bahay Pag-asa na nakatayo sa Barangay Comadogcadog, De! Gallogo, Camarines Sur. () Sa mga susunod na pagkakataon magmumulta ng halagang Isang Libong Piso (1,000.00) at Community Service sa loob ng Isang Daan at Dalawampung (120) Oras at sesailalim ng Counseling at Psychosocial Activity sa Tanggapan ng Social Worker sa Bahay Pag-asa sa Barangay Comadogcadog, Del Gallego, Camarines Sur. SEKSIYON 5. Responsabilidad ng Magulang, Guro, at Barangay Opisyal a. Ang lahat ng mga Barangay Opisyal ay binibigyan ng karapatan at kapangyarihan na ipatupad ang tadhanain ng ordinansang ito sa kani-kanilang. nasasakupang barangay. . Guro - ang mga guro ay binibigyang kapangyarihan na ipatupad ang tadhanain ng ordinansang ito sa kanilang nasasakupang mga mag-aaral, k. Responsabilidad ng Magulang - ang mga magulang ay binibigyang obligasyon uupang makipagtulungan sa maayos at epektibong pagpapatupad nite. Hangad ang ‘mabuti/masusing paggabay ng bawat magulang sa kanilang mga anak na menor de edad ‘upang makaiwas sa anumang kapahamakan at masamang pangyayari SEKSIYON 6. IKSEMS'YON/PAGLILIBRE: Hindi sekop ng Curfew Hours ang mga sumusunod: 1. Mga kabataang may trabeho 0 mag-aaral sa gabi 2. Ang mga estudyante sa gabi ay “exempted o libre dito kung sila ay nasa loob ng eskwelahan school compound © Municipal Plaza sa panehong sila ay may aktibidad tulad ng “INTRAMS, FOUNDATION 0 Anniversary ng Paaralan, JS Promenade at Graduation. Subalit kinakailangang -magregister sa Tanggapan ng MSWDO na ang menor de edad na ito ay naplatrabeho ng lampas sa oras ng curfew hours sa tulong ng kanyang mga magulang 0 guardian. Ipaalam or humingi rin ng pahintulot sa Tanggapan ng MSWDO at PNP sa kanilang gaganaping okasyon na may relasyon sa kanilang pag- aaral kagaya ng mga nakasaad sa unahang bahagi 3. May kasamang magulang paglabas ng bahay sa oras ng curfew. 4 Inutusan ng magulang o nakatatandang kapatid sa ee a ? mB Lr 7‘Mun. Ord No. 04| pose 23 maiiwasan 0 emergency ngunit kinakailangang magdala ng ilaw ( tkarol 0 rechargeable lamp). 5. Nanggaling sa biyahe , mula sa ibang bayan o siyudad, 6. Ang Curfew Hours’ ay suspended st panahon ng Kapaskuhan mula December 16 hanggang ika- 2 ng Enero ng bawat taon, panahon ng PISTANG BAYAN, FOUNDATION ANNIVERSARY na may okasyong idinaraus sa Public Plaza. na nifatahukan ng mga kabataan o mga menor de edad, subalit sa pag-gabay pa rin rng mga magulang o guardian, SEKSIYON 7. PAGLALAGAK AT PAGGAMIT NG MGA MULTANG PERA O HALAGA AT PAGBABAHAGI NITO. 1, Anumang halaga ng multang ibabayad ng lumabag sa mga nakatadhana sa cordinansang ito ay ibabayad sa Tanggapan ng Tesorero ng Pamahalaang Local ng Del Gallego, Camarines Sur na may kaukulang OPISYAL NA RESIBO at papasok ito sa isang TRUST FUND ACCOUNT ng munisipyo. 2. Anumang halaga ang makukolekta mula sa multa ay maaaring mabahagi sa dalavwang (2) bahagi: Barangay Government = 40% share Municipal Government = 60% share 3. Ang halagang makakalap mula sa multa ay gagamitin lamang sa mga programang PANGKATAHIMIKAN (Peace and Order) at para sa maintenance ng. BAHAY PAG-ASA at Child and Youth Development Programs SEKSIYON 8. PAGPAPAWALANG BISANG SUGNAY. Ang alin mang tadhanain nng anumang kautusan, patakaran at alituntunin na taliwas sa ordinansang ito ay pinawawalang bisa katulad ng mga Kautusang Pambayang sumusunod: 4) Pambayang Bilang 08, Sa Taong 1993 b) Pambayang Kautusan Bilang 05, Taong 2010 SEKSIYON 9. PAGPAPAHIWALAY SUGNAY — Kung sa ano_mang kadahilanan ay ipinasya ng hukuman na ang isang bahagi o mga bahagi nito ay taliwas sa mga uriiral nna batas pangnasyunal at/o batas/kautusan ng mas mataas na antas ng pamahalaan, ang ibang bahagi nito na_hindi apektado ay iiral at magkakaroon ng bisa, SEKSIYON 10. PAGKAKABISANG SUGNAY — Ang ordinansang ito ay magkakabisa Labinglimang Araw matapos na ito ay mapagtibay, maipaskel_ sa tatlong (3) hayag na lugar sa bayang ito at maipalathala sa isang Pshayagang Lokal na laganap sa Lalawigan ng Camarines Sur Furthermore, all offenders found to be under the influence of liquor or drugs shall be held/detained at the barangay hall unit sobriety so as not to inflict harm on himself and others, Seetion 14, Students or school children are banned from loitering in public places outside their school grounds/campuses during school hours unless they are accompanied by their parents/legal guardian or are attending an official sehool function/duty. ‘The frequent habit of euting ase raf shipping clases due to peer pressure a"; 7 [oun a ~ ?Mun. Ord No. 08 +2020 age 24 adventure or an act of juvenile rebellion has often resulted to the formation of illiterate drop-outs who resort to deviant behaviors like stealing, drug addiction, teenage pregnancy, gang wars, vandalism and other crimes against persons, property and the state To prevent this bad habit, students and/or schoolchildren who will be caught loitering in public places outside their school grounds/campuses during school/lass hours (unless accompanied by their parents/legal guardian or attending an official school fanetion/activity/duty shall be sanctioned as follows: First time offenders- 8 hours of orientation and community service Repeat offenders- a fine of Five Hundred Pesos (Php 500.00) His parents or guardian shall be notified and be sanctioned to attend a parent's orientation seminar and community service for 8 hours in their perspective barangays. All students apprehended roaming in all parks, amusement centers and other similar places during their prescribed school hours shall be brought to the concemed school authority for disciplinary action. ‘On the other hand Commercial Establishments such as, but not limited to malls, video arcades!shops, restaurants/fast food chains/eateries, billiard pool halls, computers shopyeafe and other forms of recreation, amusement centers, movie houses/cinemas, parlors’barbers shops, roceries/supermarkets that allow students/school children to loiter in their premises during school days from 7:00 o'clock in the morning to 5:00 o'clock in the afternoon during schoo! days shall be subjected to a fine of One ‘Thousand Pesos (Php 1,000.00) for I" Offense; Two Thousand Pesos (Php 2,000.00) ‘on the 2" Offense and Two Thousand Five Hundred Pesos (Php 2,500.00) on the 3" Offense and cancellation of establishment's business permit for three (3) months. Section 15. Fraternities and Gangs. No person shall force, coerce, bully, or deceive any juvenile into joining any organization, fraternity, sorority, gang ot association Any person caught in the act of forcing or deceiving any minor{juvenile into joining any organization, fraternity/sorority, or gang within the campus or outside the school grounds will be sanctioned with a fine of Php 2,500.00 with fifteen (15) days ‘community service or 6 months imprisonment or both upon the discretion of the court. ‘The so called recruiters from any organization or brotherhood/sisterhood must secure permission from the parents or legal guardians of the child/juvenile being recruited, Hazing or initiation rites are discouraged, if not regulated, conforming with the Republic Act 8049, an act regulating hazing and other forms of initiation rites in fratemities, sororities, and other organizations and proving penalties therefor. If the juvenile/minor subjected to hazing or other forms of initiation ritgs suffers any | x x‘Mun. 0rd. No. 08 +2020 age 25 physical injury or dies as a result thereof, the officers and members ofthe fratemity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals and will suffer the sanctions as provided under Republic ‘Act 8049, Section 16. Other Acts and or Conditions Prejudicial to the Child's Development, It shall be unlawful for any person to sell liquor, tobacco products, illegal drugs, “rugby” and other hebit-inducing solvents, pomographic materials (video-beta, vhs, ed, ved, dvd, magazines or any publication, books or tapes and other materials detrimental to the development ofthe child to minors. Smoking Ban on Minors. This ordinance prohibits the selling of cigarettes, and other tobacco products and cigarettes paraphemalia to minors within the municipality of el Gallego, Camarines Sur First Offense - One Hundred Pesos (Php 100.00) Second Offense - Two Hundred Pesos (Php 200.00) third Offense - Five Hundred Pesos (Php 00.00) and ‘Temporary closure of business establishments concerned for three (3) days. Minors are banned from buying Rugby and other habit-inducing solvents. Any person who sells or allows the selling of rugby and other habit-inducing solvents to minors shall be penalized by a fine of Two Thousand Five Hundred Pesos (Php 2,500.00), or three (3) months imprisonment or both in the discretion of the ‘court and temporary closure of the establishment from where the substance was sold for three (3) months. Liquor/Beer Ban on Minors. Municipal Ordinance No. 02, Series of 1992 Prohibits minors or groups of minors seventeen(17) years old and below to take or drink intoxicating drinks/liquor including beer or any of its kind and further prohibiting sari-sari stores and other business establishments to sell liquor/beer to all minors. ‘Any minor of the above-cited limit and entity found violating any provision of said Municipal Ordinance shall be punished on the 1* Offense by a fine of Five Hundred Pesos (Php 500.00) or imprisonment of three (3) months, on the 2" Offense by a fine ‘of One Thousand pesos (Php 1,000.00) or imprisonment of four (4) months, on the 3* Offense by a fine of One Thousand Five Hundred Pesos (Php 1,500.00) or imprisonment of five(S) months and on the fourth and succeeding offenses by a fine ‘of Two Thousand Pesos (Php 2,000.00) or an imprisonment of six (6) months or both in the discretion of the court Minors are banned from engaging in any form of gambling. Minors who are caught from engaging in any form of gambling, such as, but not limited to jueteng, lotto, all card games, cara y cruz, mahjong, bingo, ending aMon, Ore No. o4| 2020 age 26 shall be sanctioned as follows: First Offenders ~ 8 hours of orientation service ‘Repeat Offenders - a fine of Five Hundred Pesos (Php 500.00) ‘Any person or establishment whovthat allows minors to engage in any form of ‘gambling shall be penalized with a fine of One Thousand Pesos (Php 1,000.00). Lotto establishments are not allowed to accept fotto bets from minors. Aside from the ‘One Thousand Pesos (Php 1,000.00), violators will have their license revoked. Section 17. Juvenile with Student Driver License, Juvenile with student driver licenses must always be accompanied by an adult with at least a non-professional license to be permitted to drive and roam in the main thorough fares, busy streets and OUJ/PUV routes of the municipality, Minors who are caught driving without an adult with at least non-professional license shall be fined for Five Hundred Pesos (Php 500.00) and Eight (8) Hours of community service with Three (3) Hours of lecture from the Municipal Traffic Enforcers Section 17.b RA 10666 Children’s Safety on Motorcycle Act . The Children’s Safety On Motoreycles Act of 2015 10-Point Guidelines 1, What is RA 1066 or the Children's Safety on Motorcycles Act of 2015? RA 10666 or the Children’s Safety on Motorcycles Act of 2015 prohi person from driving a motoreycle on public roads with a ehild on board 2, When will the law be implemented? The law will take effect on May 19, 2017 (Friday) 3. What are the roads covered by the law? ‘The law coversall public roads nationwide such as but not limited to national highways, provincial roads, and municipal and barangay streets. This also includes roads where there is a heavy volume of vehicles, there is a high-density of fast moving vehicles, or where a speed limit of more than 60 kph is imposed. 4. What type of motorcycles are covered by the law? ‘This covers any two-wheeled motor vehicles having one or two riding saddles. 5. Are all children covered by the law? What are the exemptions? A child refers to any person below 18 years old. However, a child may be allowed to board a motorcycle on public roads iff the child passenger can comfortably reach hisvher He feet on the standard foot peg of the motoreycle; the child's arms can reach around and rasp the waist of the motorcycle rider, and the child is wearing a standard protective laclmet or gear a / 6, Are children allowed to ride in front of the rider? Wy V a. Sitting in front of the rider is not allowed,. \ ‘un Ord No 08 page? 7. How about medical emergencies? The law does not apply to cases where the child to be transported requires immediate ‘medical attention 8. What are the penalties for violators? First Offense - Three Thousand Pesos (P3,000,00) fine Second Offense - Five Thousand Pesos (5,000.00) fine ‘Third Offense ~ P10,000 fine and a one-month suspension of driver's license ‘Violation beyond the third time — Automatic revocation of driver's license 9. Who will enforce the law? The DOTr ~ Land Transportation Office (ITO) is the lead implementing ageney of the ‘Act. The LTO also has the authority to deputize members of the PNP, MMDA, and LGUs to carry out enforcement functions and duties. 10. Why is this law important? This is @ proactive and preventive approach to secure the safety of child passengers. It is the policy of the State to protect children Article IV WORKING COUNCIL, Section 18. - Appointment of Child and Youth Relations Officer and Police Procedures. The Del Gallego, Camarines Sur shall assign a Child and Youth Relations Officer preferably a Female Police Officer, who will be tasked to handle ‘cases involving children, Child friendly police procedures, which are contained in the police logbook on management of cases of children in urgent need of protection from imminent danger, cruelty and abuse. The center which shall be established through the Barangay Local Government shall conduct reseue operations of children in clear danger with law enforcement agencies when the situations merits. Section 19 Children’s Emergency Reliefs Protection Act RA 10121 Foster Care Parenting for Abused Children shall be established and shall implement the following provisions: 8. Covers children from infancy to 17 years of age, @ neglected, maltreated abused or isin danger and/or further neglected by parents or relatives, '. Formulation ~ there shall be a poo! of foster families who will provide a temporary substitute family care for an abused child while appropriate placement is being worked out to rescue from the hands of the perpetrators ‘The assessment shall be undertaken by the MSWDO & endorsed at DSWD ROV for final assessmenviqualifying or certifying the applying parents as ge A vOF A Ww A xun. Or, No. 06 roe 28 c. Qualifications of Foster Family: 1. Legally married although single person may be considered under special circumstances, 2. Sufficient income to meet the basic needs of the fas 3. Have an interest in parenting a non-related child. 4. Capable of caring for and handling children with problem, 5. Healthy and harmonious relationship with every family member 6 7. ly. Good physical and mental health. Ability to help the child return to his Biological Family or accept his new family, 8. Other guidelines required by DSWD ROV, POLICIES AND ELIGIBILITY REQUIREMENT: 1. The placement of the child to the foster family should be done when there is potentially hazardous condition which is detrimental to the welfare of the child 2. Children below 1 year old but not over 18 years of age may be placed to foster family 3. Adequate assessment shall be conducted by the MSWDO to the foster parents indicating the circumstances ofthe biological family before placement may be done. 4. Foster family should be endorsed to the Municipal Mayor based from the recommendation of the MSWO after thorough study DSWD ROV to license the foster parent. 5. No foster family should be at a disadvantage in the placement of a foster child 6. An alternative foster parent may also be trapped either an aunt, uncle or other relatives of the child, if possible. 7. A traumatized child will not be handled b a Foster Care unless the particular foster parent has the expertise in handling such child. 8. A foster care should not use the fostering as a tral for placement for adoption or for guardianship, 9.__A foster family should not have more than five children, 10, A foster family shall care not more than two children at the time. ‘A subsidy support may be provided when a licensed foster parent lacks the financial capacity for the placed-abused child on a case to case situation. a. Role and Functions of the DGCWPC: 4.1 Formulate an integrated policy and long range programs. ie and.d un. Ord. No. 08 5.2020 page 29 evaluate the implementation of policy and all programs and services relative to the development of the welfare and protection for the best interest of the children, 2 Advocate and recommend to the executive and other agencies for implementation when appropriate, innovative, pilot programs and services to the ‘general welfare of the children and the youths. .3 Mobilize resource assistance, call upon and utilize any department, office, agency of instrumentality, public, private or voluntary, for such assistance as it may require in the performance of its functions. a4 Submit annually to the local executive, through the MSWDO a comprehensive report on its activities and accomplishments. .5 Perform such other functions as provided by law. b. Organization Structure of the Coun: Chairman ~ Local Chief Executive (LCE) Vice-Chairman - MSWDO Members - SB Member, Chairman Committee on Social Services ~ SB Member, Committee on Women, Children & Family Welfare ~ SB Member, Committee on Laws and Ordinances = Municipal Health Officer ~ Municipal Planning & Development Coordinator = Municipal Agricultural Officer ~ DepEd Representative (PSDS or Principal) ~ Municipal Trial Court Judge ~ PNP- Chief of Police - Female Police Officer (Child & Youth Relations Officer) + Three (3) Representatives from the Private Sector concemed on the welfare of the child, youth and women. ¢. Special courses for PNP member — a special course or courses that deals with handling child delinquents and abused children shall be designed and obligatory to be given to the members of PNP in the municipality. ‘The Del Gallego Children Welfare & Protection Council (DGCWPC) in close Coordination with the PNP Child Protection Team and Interest Groups shall be tasked to design and initiate the conduct of training seminar on the special courses. ARTICLE V SURVIVAL AND DEVELOPMENT RIGHTS OF CHILDREN Section 21, General Framework ~The development and survival are determined by ‘both extemal and intemal factors, so that, it is shared responsibility of the parents, sibling and relatives and shall be known as the external factors that will provide the necessary environment, support, assistance and other initiatives/to make children responsive and productive members of the ‘| wo. “A wpage 30 Section 22. The Del Gallego Local Government shall ensure the maximum extent possible, the survival and development of the child by providing facilities, programs land projects for the purpose and at the same time facilitate and mobilize the civil society and the community to reinforce and strengthen the initiatives for the general welfare of the children. Section 23. The Local Government of Del Gallego shall establish the following programs, projects and initiatives to contribute to the survival and development of the children 2) Maintain monitoring of births registration and complete the immunization series for the prevention of tuberculosis, diphtheria, pertussis, tetanus, measles, poliomyelitis, and such other disease for which vaccine have been developed for the administration to children up to six years of age BI. Masustansyang Pagkain Para Sa Batang Pilipino (RA 11037) 'B2, Kalusugan at Nutisyon Para Sa Batang Pilipino (RA 11037) 183. Maintain growth and nutritional monitoring among children up to six years old and. provide nutritional feeding and supervision of nutritional intake at home. ©. Provide facilities where children of working parents can be taken care of during the ay and whenever feasible, a facility where the children up to six years of age of parents working at night can be taking cared of during night. 4. Develop programs that will pool intellectual resources through a network of surrogate parents-teachers who will provide intellectual and mental stimulation to the children, Supervised wholesome recreation with balance program of supervised play, mental stimulation activities and group activities and group activities with their peers. © Established a community-based program that will build network of household, develop it into a functional “caregiver” mechanism where adult members are mobilized to take care of the children of working parents during working hours. In this regard, the MSWD Officer of Del Gallego shall provide supervision, training and seminars to adult mobilized as “caregiver” of working parents. Furthermore, in cases where children are left to care of paid domestic elderly relative or older children, without adequate and competent adult supervision, the MSWD Officer shall provide the same provision, training and seminars £. Establish a center that will serve a sanctuary for the abused, neglected or exploited children which will take-in children in urgent need of protection due to a situation which endangers the child or which has exposed the child to cruelty and abuse; Established a Reproductive Health Care Center for Pregnant Mothers for prenatal check-up and neonatal care and, in the proper case, for delivery of the infant under ‘conditions which will remove or minimize the risk to mother and child. h, Organized Barangay Health Workers or hilot provided with basic training/s for first aid for normal delivery. Trained to recognized high risk pregnancies which should be referred to competent obstetrician and pediatric yn child Yun, @ f Xp »2 ‘Man Ord No. 04 i, who are at risk. No Barangay Health Worker!s be hired without passing the orientation and training, including their responsibilities, values and attitude of handling the child and mother and with upgraded honorarium commensurate to the responsibilities or tasked assigned, i. Organized a Barangay Children Welfare and Protection Council that will ensure the protection and development of children and lobby t0 the barangay couneil the programs, projects and initiatives that will enhance the protection, concer and proper care of children, k. Maintain a pool of trained and specialized Day Care or Child Development Workers with an upgraded salary‘honorarium scheme. Section 24 - Early Childhood Care and Development Program ~ The LOU of Del Gallego shall establish a program that will cater to the needs of 0-2 years old children, The Council, MHO and MSWDO shall outline the program content and beneficiaries according to actual needs and economic standing. Primary, the program shall be designed to cater for the needy beneficiaries or the poorest of the poor in the Municipality. The LGU of Del Gallego shall adopt establish program relative to BYA. Early Years Act (RA 10410). Ths is “An Act Recognizing The Age From Zero (0) To Eight (6) Yoars As The First Crucial Stage Of Educational Development And Strengthening ‘Te Early Childhood Care And Development System (ECCD System) Appropriating Funds ‘Therefor and For Other Purposes." Guided by the responsibities spectid inthe EVA Law, the Council focuses on the estabishment of the natonal ECCD system that shall ensure te implementation of quality ECCD programs. The ECCD system has four major components, ‘namely: ECCD curiculum; parent education and involvement, advecacy and mobilzation of communities; human resource development, and ECCD management. The Counc is tasked to: estabish national ECCD standards, develop polices ana programs, ensure complance thereof, and provide technical assistance as well 35 program support to ECCO service providers. Of paramount importance is the partnership that the Council has developed since 2014 with local govemment units, especialy in the establishment of National Chid Development Centers (NCDCs). The Council provides funds for the constructon of the NCDG. and teaching-earning resources. For its part the local goverment provides the required land area and its development, the perimeter fence and playground structures. Section 25 ~ Role of Primary Health Care Program in Children's Health — the promotion of primary health care program in the barangay shall give specific emphasis ‘on monitoring the child health in the barangay level, Each Barangay Health Center shall have a Barangay Child Health Worker or Officer tasked to monitor child health in respective barangay with a salary or honorarium to commensurate tothe task assigned. To ensure the implementation of the Primary Health Care Program the following strategies shall be given emphasis: 1. Apply readily available technology and provide adequate nutritious foods and safe drinking water in connection with the health programs intended to the children, Establish a Comprehensive Parents Orientation Development Program which includes courses on reproductive health, child health and child rearing practices, wg VD OY 4 a” aMun. rd. no. 04 2020 page 32 3. Monitor the full implementation of the Milk Code of the Philippines and advocate for the prosecution of milk firms which violate the code. 4, Conduct massive information and education campaign on breast feeding, whatever possible, the students in all levels shall be required to haveitake breast feeding education program which shall be integrated in the curriculum. 25,4: RA 1148-Kalusugan at Nutrisyon ng Magnanay Act Section 26. Comprehensive Training Course on Child Health ~ all health practitioners employed in government, non-government, private institutions or other institutions shall be required to complete a Comprehensive Training Course on Child Health which shall be designed by a Task Force headed by the Municipal Health Officer and whose members shall be determined by the Local Chief Executive. No one shall be allowed to practice his or her profession without the updated certificate of completion of the training. Section 27. National Mental Health Policy RA 11036 Section 28. Creation of Children Concern Unit ~ Child Concern Unit shall attend to children of poor and indigent families. It shall ensure pediatric assistance and facilities for the treatment of illness and physical rehabilitation, Such protective and physical placement shall be evaluated regularly by the component team- the MHO and the Del Gallego Children Welfare and Protection Council (DGCWPC). Section 29, Special Focus on Differently-Abled Children ~ The LGU of Del Gallego shall give focus on differently-abled children by implementing programs and projects that will develop and enhance their skills and empower them to be able to participate in the society productively. The Local Government Unit must have a Periodic Comprehensive Survey on Differently Abled Children which shall serve as basis for the programs and projects intended for their development. It is basic to achieve a more systematic ‘coordination of services (health, nutrition and education) for children with special needs. Section 30, Investment in Educators and Health Professional Training Programs or Special Programs for Differently-Abled Children ~ training programs for educators ‘and health professionals handling differently-abled children shall form part of the priority programs of the Local Government of Del Gallego. Section 31, Burangay-Level Recreational and Cultural Facilities Program — A barangay level program for the revival of indigenous games reflective of the cultural diversity of Del Gallego shall be installed. The Local Government Unit of Del Gallego shall allocate space for recreation and provide recreational facilities appropriate for children’s age group and gender shall be designed with due respect to cultural diversity. Section 32. Advocacy Program for Local Children’s Literature — In support of the socio-cultural development of children in Del Gallego, the local government of Del Gallego, Camarines Sur shall launch a program that aims to popularize local children’s literature that focus on the value formation and touch on the Bicolano Culture. The LGU a 7 mh”) 7‘Mun. Ord. No. 08 oge 33 shall mobilize writers for the purpose and invest in the production of literature and other relevant materials Section 33. Parenting Orientation Courses ~ Marriage License applicants shall be required to participate in a Parenting Orientation Course 1, among other requirements, prior to the issuance of marriage license by the Local Civil Registrar. This course becomes an integral part of existing Family Planning Seminar or Reproductive Health Course. The Del Gallego Children Welfare and Protection Council in close coordination with the Municipal Health Office and the Local Civil Registry Office shall update the family planning seminar in recognizance of the Ordinance. Parent-applicants for birth certificate of their child shall also be required to participate in 4 Parenting Course Il, as follow-up to the first course before issuance of Certificate of Live Birth by the Civil Registrar without prejudice to the early registration of birth retirement under existing laws, Module of these courses shall be designed by the Council and the Municipal Social Welfare Development Office in closed coordination with an NGO Child Focused Program, providing emphasis on the Roles of Parent such as * TOTALCARE TAKER — - This is during infancy and toddler years. Parents must have to meet all hisiher need: feeding, changing, dressing, cuddling and loving, * TEACHER ~ Asa child grows older, parent must explain things, answer questions correctly, share joys and wonders of the world, sets good ‘example, provide him with adequate support morally and spiritually + COUNSELOR - Parents must guide the children through good and bad times; give love, support and understanding and direction; be sensitive to children’s needs and feelings listen to hisher and solve problems as they arise ‘+ ADMINISTRATOR - To administer hisher property if any according to Article 320 of the Civil Code + LIABLE = Parents and guardian are responsible for the damage caused by the child under their parental authority in accordance with the Civil Code. * PROVIDER - Parents are responsible for the provision and help children meet their basic needs, such as: a) PHYSICAL need like good nutrition, rest and exercise, shelter, safety and medical care. b) EMOTIONAL NEEDS ~ that include love, acceptance, security, guidance, order and praise to ensure a wholesome home lite. ©) INTELLECTUAL NEEDS ~ include communication, stimulation, exploration, creativity and lots of opportunity t6 a rr po.page 34 ARTICLE VI INTEGRATION OF OUT OF SCHOOL YOUTHS Seetion 33. All Barangay Councils for the Protection of Children with their respective Sangguniang Kabataan are mandated to conduct a yearly Out of School Youth Census ccheck. The census shall monitor the decrease or increase of the number of Out of School Youths (OSYs) in the communities, and shall serve as data to determine appropriate programs that would help the Out of School Youths (OSYS). Section 34, The Municipal Government of Del Gallego shall endeavor to utilize and avail of alternative education programs like the Alternative Learning System (ALS) sponsored by the Bureau of Non-Formal Education (BNFE) of the Department of Education (DepEd). Likewise, it shall pursue tie-ups and partnerships with other private institutions and NGOs that can and are willing to provide trainings, scholarship grants and other programs for the well-being of the Out of School Youths of Del Gallego, including livelihood programs that will help them secure part-time employment or allow them to venture into part-time businesses which can help them sustain their education on their own. Section 34. ldren's Emergency Relief Protection Act RA 10821 RA 10821 mandates the national and local governments to formulate Comprehensive Emergeney Programs for Children (CEPC) that abide with humanitarian standards in handling disasters and other emergency situations for the protection of children, pregnant and lactating mothers. The standards and protocols provided for in CEPC shall be implemented immediately after the declaration of a national or local state of calamity or ‘occurrence of any other emergency situation. ‘The National CEPC provides the policy and strategic framework for a localized CEPC and adopts the eight (8) components stipulated in Section 4 of RA 10821 ‘These components shall be adopted and contextualized in the Local CEPC: 1.1. Establishment of evacuation centers that are safe, inclusive, child-friendly, gender sensitive and responsive to the needs of children in emergency situations; 1.2. Establishment of chidren- and women-fricndly transitional shelters, and a referral ‘mechanism for orphaned, unaccompanied, and separated children; 1.3. Assurance for immediate delivery of basic necessities and services to affected children; oe f WH J A NeeMun, Ort. No Of pee 35 1.5, Delivery of health services, medical care, and nutritional services: 1.6, Plan of action for prompt resumption of educational services for children; 1,7. Establishment of child-friendly spaces: and, 1.8, Promotion of children’s rgths Detailed descriptions of each component and the respective roles and responsibilities of different stakeholders are articulated in the National Cimprehensive Emergency Program for Children(CEPC) ~ Eight Components, based on Section 4 of RA 10821 Section 35. Subject to the existing National Laws governing education, labor and «employment, the Municipal Govemment of Del Gallego shall endeavor to constitute laws and precepts that will allow flexibility to working of Out of School Youths (OSYs) and Provide a “work and study” environment conducive to the continuance of their education. ARTICLE VIE JUVENILE DELINQUENTS, JUVENILE JUSTICE AND WELFARE SYSTEM It is @ system dealing with Children at Risk and Children in Conflict with the Law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development. “Child” refers to a person under the age of eighteen (18) years. “Child at Risk” refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social Circumstances, such as, but not limited to, the following: (1) being abused by any person through sexual, physical, Psychological, mental, economic or any other means and the Parents or guardian refuse, are unwilling, or unable to provide (2) being exploited including sexually or economically, (3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found; (4) coming from a dysfunctional or broken family or without a parent or guardian; (5) being out of schoo); V » ff (6) being a streetchild; A protection for the child; py a