MUNICIPAL ORDINANCE NO.

_______

Sponsor:_______

REVIRSED LOCAL CODE FOR CHILDREN OF THE MUNICIPALITY OF MARABUT,

PROVINCE OF SAMAR
BE IT ENAACTED, By the Sangguniang Bayan of Marabut, Samar in session
assembled:

CHAPTER 1
GENERAL PROVISIONS

Article 1. POLICY AND APPLIOCATION

SECTION 1. TITLE\. This Ordinance shsll be known as the revise Local Code for
Children of Marabut Samar ______
SECTION 2. DECLARATION OF POLICY AND PRICIPLES. – It is hereby declared the
policy of Municipality of Marabut to give high proiority to the promotion of total growth
and development of Children. It shall ensure that the rights of children are fully
protected and respected with the active support and participation and/or concerted
efforts of the parents, families, communities, civil society organizations (CSOs), non-
organizations (NGOs) and oder sector of society, through the following initiatives:
a) Give priority to education of children/youth especially the deserving and
underprivileged, as a strategy to free them and their families from the bondage of
poverty;
b) Exert its best efforts to inculcate in children/youth positive values, genuine love of
God and country, and sense of identity and pride as Marabutnons and filipinos;

c) Mould its youth to become model and responsible citizens;

d) Protect the child from all forms of maltreatment by parents or other responsible
for the care of the child, and to stablish appropriate social programs for the
prevention of abuse and the treatment of victims;
 e) Provide special protection for children deprived of the family environment and to
ensure that appropriate alternative family care or institutional placement is
available in such cases. Efforts to meet this obligation shall pay due attention to
the child’s cultural background;
f) Protect children from sexual exploitation and abuse, including prostitution and
involvement in and/or exposure to pornography or any form of violence;

g) Exert every effort against the sale, trafficking and abduction of children;

h) Ensure that primary education is free and compulsory,to encourage different

forms of secondary education accessible to every child and to make higher
education available to all on the basis of capacity. School discipline shall be
consistent with the promotion child’s right and dignity.

SECTION 3. RULES OF CONSTRUCTION. In case of doubt, the interpretation of any

of the provisions of this code, including its implementing rule and regulations, shall
construed liberally in favour of the child/youth.

SECTION 4. DEFINITION OF TERMS:

a) ABANDONED CHILD – is one who has poor or no proper parental care of

guardianship, or whose parents or guardians have deserted him for a period of
at least six (6) months;

b) ANTI-SOCIAL RELATED ACTIVITIES – are those acts committed against

chastity and snatching, shoplifting, misrepresentation; using and pushing
prohibited drugs, selling illegal or lewd reading materials; pimping for young
and ol d prostitutes and sexual perversion, doing or participating in obscene
shows, and gambling of any form;

c) BAIL – refers to the security given for the release of the person in custody of
the law, furnished by her/him or a bondsman, to guarantee his/hir appearance
before any court. Bail may be given in the form of corporate security, property
bond, cash deposit, or recognizance;

d) BCPC – Barangay council for the protection of the children;

e) BEST INTEREST OF THE CHILD – refers to the totality of the circumstances

and conditions which are most congenial to the survival, protection and
feelings of security of the child and most encouraging to the child’s physical,
 psychological and emotional development. It also means the least detrimental
available alternative for safeguarding the growth and development of the child;

f) CENTER – Holding center – refers to a room or holding area in the Municipal

Building where minors or minor students violating this ordinance shall be held.
This term includes barangay hall in every barangay or room designated by the
Sangguniang Barangay as holding center;

g) CHILD – refers to a person below eighteen (18) years of age, or those over 18
years but is unable to fully take care of himself/herself from abuse, neglect,
cruelty, exploitation or distribution or discrimination because of a physical and
mental disability or condition;

h) CHIKLD ABUSE - refers to the maltreatment, whether bahitual or not, of the

child which includes any of the following;

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
(2) Any act which tend to debase, degrade or demean the intrinsic worth
and dignity of a child as a human being;
(3) Unreasonable deprivation of his/her basic needs for survival, such as
food and shelter;
(4) Failure to immediately give medical treatment to an injured children
resulting in serious impairment of his growth and development of in his
permanent incapacity or death.

i) 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 though sexual, physical, psychological,

mental, economic or any other means and the parents or guardian
refuse, are unwilling, or unable to provide protection for the child;
(2) Being exploited including sexually or economically;
(3) Being abandoned or neglected, and after diligent search and inquiry,
the parent or guardian cannot be found;
(4) Coming from a dysfunction or broken family or without a parent or
guardian;
(5) Being out of school;
(6) Being a street child ;
(7) Being a member of a gang;
(8) Living in a community with a high level of criminality or drug abuse;
and
 (9) Living in situations of armed conflict.

j) CHILD IN CONFLICT WITH THE LAW – refers to a child who is alleged as,
accused of, or adjudge as, having committed an offense under Philippines law;

k) CHILDREN N NEED OF SPECIAL PROTECTION (CNSP) – refers to children

living under circumstances which gravely threaten or endanger their survival
and normal development as defined under section 4(ii) hereof to include
children in worst forms of child labor, neglected and abandoned children, street
children, victims of commercial and sexual exploitation, victims of child abuse,
children in situations of armed conflict, children in conflict with the law, children
in various forms of disability, and children of indigenous people;

l) CHILDREN’S PROTECTION DESK – is a section in police stations specifically

manned by police officers trained in dealing with child case;

m) COMMITMENT - is the legal act of entrusting a child to the case of the

Municipal Social Welfare and development office or any duly licenced similar
child placement agency or individual;

n) COMMUNITY – BAASED PROGRAMS – refers to the programs provided in a

community setting develop for purposes of intervention and diversion, as well
as rehabilitation of the child in conflict with the law for reintegration into his/her
family and/or community;

o) COURT – refers to a family or any trial court;

o) DELOPMENT RIGTHS pertain to the access of a child to educational right to
freedom of thoughts, conscience and religion;
p) DEPRIVATION OF LIBERTY - refers to any form of detention or imprisonment,
or to the placement of the child in conflict with the law in public or private
custodial setting, from which the child in conflict with the law is not permitted to
leave at will by order of any judicial or administrative authority;

q) DIVERSION – refers to an alternative, child-appropriate process of determining

the responsibility and treatment of a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological or educational background
without resorting to formal court proceedings;
r) DIVERSION PROGRAM- refers to the programs that the child in conflict with
the law is required to undergo after he/she is found responsible for an offense
without resorting to formal court proceedings;

s) INITIAL CONTACT WITH THE CHILD – refers to the apprehension or taking

into custody of a child in conflict with the law by law enforcement officers or
private citizens. It includes the time when the child alleged to be in conflict with
law receives a subpoena under section 3 (b) of rule 112 of the Revised Rules
of Criminal Procedure, or summons under Section 6 (a) or Section 9 (b) of the
same Rule in cases that do not require preliminary investigation or where is no
necessary to place the child alleged to be with in conflict of law under
immediate custody;

t) INTERVENTION – refers to a series of activities which are designed to

address issues that cause the child to commit an offense. It may take the form
of an individualized treatment program which may include counseling, skill
training, education, and other activities that will enhance his/her psycological,
emotional and psycho-social well being;

u) JUVENILE JUSTICE AND WELFARE SYSTEM - refers to a system dealing

with children at risk and children in conflict with the law, which provides child-
appropriate proceedings, including programs and services for prevention,
diversion, rehabilitation, re-integration and aftercare to ensure their normal
growth and development;

v) LAW ENFORCEMENT OFFICER – refers to the person in authority or his/her

agent as defined in article 152 of the Revised Penal Code, including a
barangay tanod;

x) MSWDO – Municipal Social Welfare and development office;

y) MCPC – Municipal Council for the protection Children;

z) MPS – Marabut Police Station;

aa) NEGLECTED CHILD is one whose basic needs have been deliberately
unattended or inadequately attented;

(1) Emotional neglect exists when children are maltreated, raped or

seduced, when children are exploited, overworked or made to work
under condations not condutive to good health, or are made to beg in
the streets or public places;
 (2) Physical neglect exists when the child is malnourished, ill clad and
without proper shelter.

bb) OFFENCE – refers to any or omission whether punishable under special

law’s or the Revised Pinal code, as amended;

cc) PARTICIPATION RIGTHS – include the child’s freedom to express oneself

in matters affecting his/her life as part presentation for responsible
parenthood and to freedom of associating;

dd) PROTECTION RIGTHS – Cover those which guard children against all
forms of child abuse, exploitation and discrimination in the Major areas when
the child considered in an extremely difficult circumstance;

ee) RECOGNIZANCE – refers to an under taking in lieu of a bond assumed by

a parent or custodian who shall be responsible for the appearance in court
of the child in conflict with the law, when required;

ff) STATUS OFFENCE – refers to offenses which discriminate only against a

child, while an adult does not suffer any penalty for committing similar acts.
These shall include curfew violations, truancy, parental disobedience and the
like;

gg)STATUS CHILDREN – The following person are considered street children:

(1) Those below eighteen (18) years old who are found loitering within the
streets of the Municipality of Marabut without any purpose or visible
means of support;
(2) Those found begging sniffing rugby and other solvent products, pick
pocketing, and doing other illegal activities;

hh) SURVIVAL RIGTHS – are those which relate to parental and governmental
duties and liabilities, adequate living standards, basic health and health
services, and social security towards the interest and welfare of children;

ii) YOUTH DETENTION HOME – refers to 24- hour child-caring institution

managed by accredited local government unit’s (LGUs) and licensed and/or
accredited to care for children in conflict with the law who are awaiting court
disposition of their case or transfer to other agencies or jurisdiction;
jj) YOUTH REHABILITATION CENTER – refers to a 24- hour residential care
facility managed by the Department of Social Welfare and Development
(DSWD), LGU, licensed and/or accredited NGOs monitored by the DSWD,
which provides care, treatment and rehabilitation services for children in
conflict with law. Rehabilitation services are provided under the guidance of
a trained staff where residents are cared for under structured therapeutic
environment with the end view of reintegrating theme into their families and
communities as socially functioning individuals. Physical mobility of
residents of said centers may be restricted pending court disposition of the
charges against them;

kk) VICTIMLESS CRIMES – refers to offenses where there is no private

offended party.

CHAPTER II

CHILDREN’S RIGTHS

SECTION 5. RIGTHS OF CHILDREN. All children in the municipality of

Marabut shall entitled to the rights hereinafter set forth, as provided in the
Convention on the Rights of Children (CRC), In addition to those rights
espoused in the 1987 Constitution, the Child and Youth Welfare Code (P.D.
603), The Special Protection of Children Against Abuse Explo itation and
Discrimination Act (R.A. NO. 7610), juvenile and Welfare Act of 2006 (R.A.
NO. 9344) and other related laws, irrespective of the child race, color, sex,
language, religion, ethnic or social origin, property, disability, birth or other
status;

(a) The inherent right to life, and the state as parent patriae as well as the
municipality has an obligation to ensure every child’s survival and
development;

(b) The right to express his/her view freely or without fear of rejection in all
matters which affects his/her life, and his opinion should be given due
wiweight depending his/her age and maturity;

(c) To freedom of expression, expect if it violate or jeopardize the rights or

reputation of others or for protection of national security, public order,
health or morals;
(d) No child shall be subjected to arbitrary or unlawful interference with
his/her privacy, family, home or correspondence, nor to unlawful attacks
on his/her honor and reputation;

(e) To freedom of thought, conscience and religion, subject to proper

guidance by his parents or legal guardians;

(f) To avail himself or herself of information and materials aimed at the

promotion of his/her social, spiritual and moral well-being, and physical
and mental health;

(g) To leisure, and to participate freely in recreational, cultural and art

activities appropriate for his/her age;

(h) The child shall be registered immediately after birth and shall the right
from birth to name, the right to acquire a nationality and family relation as
recognized by law without unlawful interference;

(i) To preserve his/her identity, including nationality, name and family

relations as recognized by law without unlawful interference;

(j) To live with his or her parents unless this is deemed to be incompatible
with the child’s best interests. The child has also the right to maintain
contact with both parents, if separated from one or both;

(k) Children and their parents have the right to leave any country and to
enter their own for purpose of reunion or the maintenance of the child-
parent relationship;

(l) To meet with others, and join or reform associations;

(m) A disabled child has the right to special care, education, and
training to help him/her enjoy a full and decent life in dignity an achieve
the greatest degree of self-reliance and social integration possible;

(n) To the highest standard of health and medical care attainable. The
municipal government shall place special emphases on the provision of
 primary and preventive health care, public health education and the
reduction of infant mortality;

(o) A child who is placed by the municipal government for reason of care,
protection or treatment is intitled to have that placement evaluated
regularly;

(p) To benefit from social security including insurance;

(q) To a standard of living adequate for his/hir physical, mental, spiritual,

moral and social development. Parents have the primary responsibility to
ensure that the child has an adequate standard of living. The Municipal
Government’s is to ensure that this responsibility can be fulfilled. The
Government can include material assistance to parents and their
children;

(r) Education shall aim at developing the child’s personality, talents, mental
and physical abilities to the fullest extent. Education shall prepare the
child for an active adult life in a free society and foster respect for the
child’s parents, his/her own culture identity. Language and values, and
for the culture background and the values of other;

(s) Children of minority communities and indigenous populations have the

right to enjoy their culture and to practice their own religion and
language;

(t) To be protected from work that threatens his/her health, education and
development;

(u) To protection from the use of narcotics and p

(v) To protection from the use of narcotics and psychotropic drugs, and from
being involved in their production and distribution;

SECTION 6. RIGHTS OF CHILD IN CONFLICT WITH THE LAW. Every

child in conflict with the law shall have the following rights, including but not
limited to;
a) The right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment;
b) The right to be imposed a sentence of capital punishment or the
imprisonment, without the possibility of release;

c) The right not to be deprived, unlawfully or arbitrarily of his/her liberty

detention or imprisonment being a disposition of last resort, and shall be
the shortest appropriate period time;

d) The right to be treated humanity and with respect for the inherent dignity
of the person, and in a manner which take into account the needs of a
person of his/her age. In particular, a child deprived of liberty shall be
separated from adults offenders at all times. No child shall be detained
together with adult offenders. He/she shall be conveyed separately to or
from court. He/she shall await hearing of his/her own case in a separate
holding area. A child in conflict with the shall have the right to maintain
contact with his/her family through correspondence and visits, save in
exceptional circumstance;

e) The right to prompt access to legal and other appropriate assistance, as

well as the right to challenge the legality of the deprivation of his/her
liberty before a court or other competent, independent and impartial
authority, and to prompt decision on such authority;

f) The right to bail and recognizance in appropriate case;

g) The right testify as a witness in his/her own behalf under the rule on
examination of child witness;

h) The right to have his/her privacy respected fully at all stages of the
proceedings;

i) The right to diversion if he/she is qualified and voluntary avails of the

same;

j) The right to be imposed a judgement in proportion to the gravity of the

offense where his/her best interest, the rights of the victim and the needs
of society are all taken into consideration by the court, under the principle
or restorative justice;

k) The right to have restriction on his/her personal liberty limited to the

minimum, and where discretion is given by law to the judge to determine
whether to impose fine or imprisonment the imposition of fine being
preferred as the appropriate penalty;
l) In general, the right to automatic suspension of sentence;

m) The right to probation as an alternative to imprisonment, if qualified under

the probation law;

n) The right to be free from liability for perjury, concealment or

misrepresentation; and

o) Other rights as provided for under existing laws, rules and regulation;

p) The Municipality further adopts the provisions of the United Nations

Standard Minimum Rules for the administration of juvenile justice or
Beijing Rules”, United Nation Guidelines for the Prevention of Juvenile
Delinquency or the “Riyadh Guidelines”, and the United Nation Rules for
the Protection of Juvenile Deprived of Liberty;

SECTION 7. PARTICIPATION RIGHTS OF CHILDREN.

a) Participation rights of children in decision making process – The

children in the family, school, community or their organization or
institution shall be heard. Each child regardless of sex, age and tribe
has the right to express his/her opinion freely and to have that opinion
taken into account in any matter or procedure affecting the child. It
shall be the responsibility of the adults to provide information known,
regardless of tribe, religion, age and sex;

b) Installation of mechanism for participation in policy and program

formulation in the municipal government. It is important to consult and
provide venue for the expression of views relevant to the municipal
government’s policies. It is therefore proper that children seven to
twelve (7-12) years old and thirteen to eighteen(13-18) years old are
convened to a meeting through their representatives, on a once-a-year
basis, specifically during the Children’s Month which is November.
Non-government organizations (NGOs) concerned with groups of
children shall be part of the process in both preparation and evaluation
of the convention. Detailed implementing rules and guidelines shall be
drafted by the Sangguniang Kabataang Municipal Federation(SKMF) in
coordination with the Municipal Council for the protection of the
Children.
 CHAPTER III
BASIC HEALTH, NUTRITION AND WELFARE

SECTION 8. EARLY CHILDHOOD CARE AND DEVELOPMENT PROGRAM. The local

government of Marabut shall initiate for the care of o-4 years old children through the
early childhood care and development program shall be supervised and implemented
by the MSWDO.

SECTION 9; PROMOTION OF PRIMARY HEALTH CARE PROGRAM. The Municipal

Health Office shall implement the primary health care program. Each barangay health
center shall have a Barangay Child Health Office who shall monitor child health in the
Barangay level with a salary/honorarium commensurate to the task assigned. To further
ensure the implementation of Section 12 of this Ordinance the Municipal government,
through the Municipal Health Office, shall take appropriate measures.
a) To combat disease and malnutrition within the framework of primary health
care, through the application or readily available technology and provision of
adequate health care services;

b) To establish a comprehensive parent Orientation Development Program,

which includes course on productive health, child health and child rearing
practices in the context of Filipino psychology;

c) To conduct massive information and education campaign on breastfeeding

utilizing existing reference materials for effective breastfeeding edification
program.

SECTION 10. CHILD-FRIENDLY EMERGENCY CLINIC – The Municipal Health Office

shall set-up child-friendly units to include rooming-in facilities and paediatric-appropriate
mechanisms and gadgets.
SECTION 11. LOCAL CHILDREN’S LITERATURE. In support or the socio-cultural
development of children, the municipal government shall invest in the production of local
literature and other relevant materials for children.

CHAPTER IV
PROHIBITED ACTS AGAINST CHILDREN
SECTION 12. PROHIBITED ACTS, The following are prohibited acts punishable under
existing laws, rules and regulation;
a) All acts and activities of street children defined under section 4 (gg) hereof,
are hereby considered as prohibited acts;
b) Any person who shall coerce, force or intimidate a street child or any other
child to;
1) Beg or use begging as a mean of living;
2) Acts as middleman in drug-trafficking or drug pushing; or
3) Conduct any illegal activities.

c) Parents, guardians or family members who encourage their children to

engage in the above mentioned prohibited acts, without legal and moral
jurisdiction.

CHAPTER V
REGULATORY PROVISION ON LEISURE AND CULTURAL ACTIVITIES

ARTICLE 1
REGULATING THE PLAYING SELLING, DESTRIBUTION OF VIDEO GAMES
CONSOLES AND SOFTWARE, FAMILY COMPUTERS AND OTHER SIMILAR
ITEMS/MACHINES FOUND IN AMUSEMENT AND GAMING CENTERS, INTERNIT
CAFES, AND OTHER SIMILAR ESTABLISHMENTS
SECTION 13. The operation of billiard hall or any kind of machine, arcade,
family/personal computer used for games and other similar contraption within the radius
of two hundred (200) meters from any education or religious institution is prohibited.
SECTION 14. All minors, particularly school children, are absolutely restricted to
play in billiard halls or the above mentioned devices found in amusement centers and
other similar establishments located within the Municipality of Marabut during school
hours from 7.00 A.M. to 9.00 P.M. Mondays to Fridays. Operators and owners of these
machines must strictly implement this prohibition, under penalty of law.
SECTION 15. Minors may be allowed to play in billiard halls and/or videogames,
pisonet machines and other similar equipment at the above mentioned establishments
only during Saturday and Sundays, legal holidays, summer and Christmas vacations,
however, minors maybe allowed to enter the said establishments from Mondays to
Fridays even during school hours, solely for the purpose or conducting research for
school assignments or projects. Provided, the minors shall present a valid school I.D.
and permission slip duly signed by his/her teacher- adviser, school officials or
parents/guardian or is accompanied personality by the teacher or parent/guardian. The
owner/operator/proprietor of the computer rental establishment shall enter in a record
book the names of the minor, the time and day of entry and the names of the person
who issued the permission slip or the names of the person authorized representative of
the Office of the Mayor.

SECTION 16. CATEGORIZATION AND RATING OF VIDEO GAMES

a) Video games shall be categorized into;
1) Puzzle
2) Sports
3) Fighting/combat
4) Action
5) Racing
6) Adventure
7) Strategy
8) Simulator
9) Space combat

b) Video games shall be rated into;

1) KF- kid friendly (non- violent)
2) LV- less violent
3) V- violent
4) UV- ultra- violent (including all violent games)

SECTION 17. Children below 14 years of age may play video games rated as
kid-friendly or non-violent under the category of puzzle, sports, adventure, racing,
strategy, fight simulator and the likes, during the hours and days allowed under this
ordinance.
SECTION 18. Children 15 – 17 years of age may play video games rated as less
violent games under any of the categories listed during the hours and days allowed
under this code.
SECTION 19. Ultra-violent are those games that reveal an audio graphics with
profanity and brutality such as throwing of invectives, slandering, the breaking of limbs,
mutilation or dismemberment, spewing or blood, blasting of limbs/body with high
powered guns or equipment.
SECTION 20. Ultra – violent games, pornographic videos and animation, nudity,
video cameras and other similar form which corrupt the child’s intellectual, spiritual,
social and emotional growth are prohibited from being operated, sold or distributed.
SECTION 21. The Marabut videogram Regulatory Board, as may be created
under the Business Permit and Licensing Office through an appropriate Executive
Order, shall monitor and screen all video games and animations, and rate or categorize
a particular game or video and implement provisions of this code

ARTICLE II
PROHIBITING THE USE AND SALE OF CEGARETTES AND ANY OTHER
TOBACCO PRODUCTS AND LIQUORS TO MINORS
SECTION 22. The used and sale of any brand of cigarettes, tobacco products
including vape cigarettes, or any kind of liquor or intoxicating drinks to persons below
eighteen (18) years of age are strictly prohibited. Likewise, prohibited is the acts of
instructing, ordering, sending to an errand or co-opting a minor to buy or acquire any of
the prohibited articles.
SECTION [Link] person whether manufacturer, wholesaler or retailer, found to
be selling cigarettes, tobacco products or any kind of liquor or intoxicating drinks to
minors shall be held liable under this code.
SECTION 24. Owners, proprietors or operators of retail, sari-sari, convenience
stores, groceries, bars and similar establishments are required to post the following
notice in a conspicuous spot in their establishment;

“Selling of beer, liquor and other intoxicating beverages, cigarettes and other
tobacco products to minor is strictly prohibited by law;

SECTION 25. SALE OF TOBACCO PRODUCT, LIQUOR OR ANY

INTOXICATING DRINKS WITHIN THE PERIMETERS OF CENTERS OF YOUTH
ACTIVITY. The sale or distribution of cigarettes or any tobacco products, liquor or any
intoxicating drinks is prohibited within one hundred (100) meters radius of the perimeter
of a school, public playground or other facility utilized by minors.

ARTICLE III
CURFEW FOR MINORS

SECTION 26. There shall be enforced within the territorial jurisdiction of the
municipality of Marabut curfew hours for minors in compliance with the provision of the
MUNICIPAL ORDINANCE No.2019-10 or AN ORDINANCE MANDATING THE STRICT
IMPLEMENTATION OF CURFEW HOURS FOR CHILDREN FROM 10:OO O’CLOCK
IN THE EVENING TO 5:00 O’CLOCK IN THE MORNING OF THE FOLLOWING DAY,
PRESCRIBING THE PROPER PROCEDURE FOR THEIR APPREHENSION AND
CUSTODY PURSUANT TO REPUBLIC ACT NO.9344, OTHERWISE KNOWN AS THE
JUVENILE JUSTICE WELFARE ACT OF 2006, AS AMENDED

ARTICLE IV
SALE OF RUGBY OR SOLVENTS
SECTION 27. Hardware stores and other establishment operating in this
municipality are hereby prohibited from selling rugby or other solvents to minors.
Furthermore[, said establishments are required to maintain a log where the name,
address and purpose of the customer buying the substance shall be recorded.

ARTICLE V
PROHIBITION OF MINORS IN BARS, BEERHOUSE AND
OTHERS ADULT ENTERTAINMENT VENUES

SECTION 28. It is hereby prohibited the entry of minors in bars, beerhouses and
other venues providing entertainment or catering to adults owners or operators of such
establishments are required to conspicuously post a “NO ENTRY TO MINORS” notice
at the entrance of their establishments.

ARTICLE VI
DETERMINATION OF AGE

SECTION 29. MINIMUM AGE CRIMINAL RESPONSIBILITY

a) A child fifteen (15) years of age or under at the time of the commission of the
offense shall be exempt from criminals liability However the child shall be
subjected to an intervention programs pursuant to Section 20 of Republic Act
No. 9344;

b) A child above fifteen (15) years but below (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program,
 unless he/she has acted with discernment, in which case, such child shall be
subjected to the appropriate proceeding in accordance with the said law;
c) The exemption from criminals liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing
laws.

SECTION 30. DETERMINATION OF AGE.

a) The child in conflict with the law shall enjoy the presumption of minority. He/she
shall enjoy all the rights of a child in conflict with the law until he/she is proven
to be eighteen (18) years old or older. The age of a child may be determined
from the child’s birth certificate baptismal certificate or any other perthent
documents. In the absence of these documents, age may be based on
information from the child himself/herself, testimonies of other persons, the
physical appearance of the child and other relevant evidence. In case of doubt
as to the age of child, it shall be resolved in his/her favor.

b) Any person contesting the age of he child in conflict with the law prior to the
filing of the information in any appropriate court may file a case in a summary
proceeding for the determination of age before the family Court which shall
decide the case within twenty-four (24) hours from receipt of the appropriate
pleading of all interested parties.

c) If a case has been filed against the child in conflict with the law and is pending
in the appropriate court, the person shall file a motion to determine the age of
the child in the same court where the case is pending. Pending hearing on the
said motion, proceedings on the main case shall be suspended.

d) In all proceedings, law enforcement officers, prosecutors, judges and other

government officials concerned shall exert all efforts at determining the age of
the child in conflict with the law.

SECTION 31. IGNORANCE OF REAL AGE OF MINOR NOT A DEFENSE.

a) As implied in article 1, 3 and 5, chapter v of this code. It shall not be defence
for the owner proprietors, operators, possessors, managers, or administrators
of bars, night clubs, resorts, restaurants, cafes, refreshments, convenient
stores, computer or video establishments or places or similar in nature, that
he/she did not know or was not aware of a real age of the minor of stayed in
their business establishments.
b) As applied to Article 2, Chapter V of this Code. Likewise, it shall not be a
defence for the person selling, distributing or purchasing cigarettes or any
tobacco products, rugby or solvent and/or liquor/intoxicating drinks that he/she
 did not know was or not aware of a real age of the minor to whom said
cigarettes or any tobacco products, rugby or solvent and/or liquor/intoxicating
drinks was sold or distributed, or from whom they were purchased, as the
believe that the cigarette or any tobacco product, rugby or solvent and/or
liquor/intoxicating drinks was for the consumption of the minor to whom it was
sold.

CHAPTER VII
PENAL PROVISIONS
SECTION 32. Violation of the provision of this Code shall be penalized as follows:
a) Any person found guilty of violating the provision of Chapter IV, section 12 (b)
shall be punisnea with a tine of two Thousand Five Hundred Pesos
(2.500.00) or imprisonment of six (6) months, or both, at the discretion of the
court without prejudice to the filing of appropriate charges against the
offender under Republic Act No. 610 and other related laws.

b) For violation of the provisions of Chapter V.

1) Article 1 – by any operator, operator, owner, seller, or distributors of

video games and machines;
2) Article 2 – by any person instructing, ordering, sending to an errand
or coercing a minor to buy or acquire cigarettes, tobacco products or
any kind of liquor or intoxicating drinks except
parents/guardian/and/or family members of such minor/s (second
paragraph, section 22); by any person, whether manufacturer,
wholesaler or retailer, found to be selling cigarettes, tobacco products
or any kind of liquor or intoxicating drinks to minors (Section 23), and
3) Article 4 – by the owners, operators, sales clerks,
employees/representative of hardware stores and other
establishments selling/ distributing rugby and other solvents
FIRST OFFENSE: Fine of One Thousand Pesos (1,000.00/ or an imprisonment
of not more than one (1) month or both, at the discretion of the court, including the
confiscation/destruction of video machines and other related liquor/intoxicating drinks,
rugby and solvent), and suspension of business permit for a period of one (1) month;
SECOND OFFENSE: Fine of One Thousand Five Hundred Pesos (1,500.00) or
an imprisonment of not more than three (3) months, or both, at the discretion of the
Court including the confiscation/destruction of video machines and other related
paraphernalia/materials and merchandise (i. e, cigarettes, tobacco products,
liquor/intoxicating drinks, rugby and solvents) and suspension of business permit for a
period or three (3) months
THIRD OFFENSE: Fine of Two Thousand Five Hundred Pesos (2,500.00) or an
imprisonment of not more than six (6) months, or both, at the discretion of the
Court, including the confiscation/destruction of video machines and other related
paraphernalia/materials and merchandise (e.i, cigarettes, tobacco products,
cancellation/revocation of business permits or licenses and closure of the business
establishments.
c) Violation of the provisions of Article 3 and 5, Chapter V, the owners,
proprietors, operators, possessors, managers or administrators, cafes,
refreshments, convenient stores, computer ‘or video establishments or
places of similar in nature shall be liable if found;

1) Violating the first paragraph of section 27 and section 29 of this Code.

FIRST OFFENSE: Fine of
Three Hundred Pesos (300.00) for every minor caught inside their
establishment;
SECOND OFFENSE: Fine of Five Hundred Pesos (500.00) for every
minor caught inside their establishment and three (3) months suspension
of business/license; and
THIRD AND SUBSEQUENT OFFENSE: Fine of One Thousand Pesos
(1,000.00) for every minor caught inside their establishment and
revocation of business permit and permanent closure of business.
2) Failure to post sign as provided under Section 24 (Article 2), second
paragraph of section 27 (Article 3), and Section 29 (Article 5), Chapter
V, of this Code;
FIRST OFFENSE: Fine of Three Hundred Pesos (300.00);
SECOND OFFENSE: Fine of Five Hundred Pesos (500.00) and three (3)
Months suspension of business permit/license; and

THIRD AND SUBSEQUENT OFFENSES: Fine of One Thousand

Pesos (1,000.00) and revocation of business permit and permanent
closure of business.
 SECTION 33. Any parent or guardian found to be grossly negligent in the
performance of the duties and obligations imposed by this Code shall be penalized,
follows;
First Offense: admonition by the MSWDO;

Second Offense: Counseling by the MSWDO and with a notice of the imposition
of criminal liability for subsequent apprehension;

Third and Final Offense: The filing by any responsible person of the appropriate
criminal charges against the parent or guardian of the minor shall be punished by a fine
of One Thousand pesos (1,000.00), or imprisonment of more than ten (10) days, or
both, at the discretion of the Court. The penalty imposed by this ordinance shall be
without prejudice to the filing of other charges against the offender under Republic Act
No. 7010 (Special Protection of Children Against Abuse, Exploitation and Discrimination
Act).

SECTION 34. In addition to the penalties imposed by Section 33, the

parent/nearest relative/s or guardian/s of minor/s children found violating the provisions
of Section 12 (c), Chapter IV, second paragraph of Section 22, Article 2 and Section 26,
Article 3 of Chapter V of this Code shall pay the fine of Two Hundred Pesos (200.00) for
the first offense, Three Hundred pesos (300.00) for the second offense and Five
Hundred pesos ( 500.00) for the third and subsequent offenses.
SECTION 35. Any minor caught violating the provision of this Code shall be
processed as provided in the following Chapter.

CHAPTER VIII
TREATMENT OF CHILDREN/MINORS BELOW THE AGE OF CRIMINAL
RESPONSIBILTY

SECTION 36. MONITORING/REPORTING. Barangay Officials, including the

Municipal Peace and Order Council (MPOC), are authorized to monitor and report the
commission of prohibited acts, and if necessary, to take into custody street children and
children/minors in conflict with the Law.
SECTION 37. CHILDREN/MINORS BELOW THE AGE OF CRIMINAL RESPONSIBILITY. If it has
been determined that the child/minor taken into custody is fifteen (15) years old or below, the
authority who will have an initial contact with the child/minor has the duty to bring the
child/minor to the nearest center. The law enforcers shall notify the child’s/minor’s parent/s
nearest relatives or guardian’s on the whereabouts of the child/minor. The child/minor shall be
released immediately to the parents nearest relatives or guardians on recognizance who shall
be responsible for the child’s/minor’s appearance whenever required the parents nearest
relatives or guardians shall execute relatives or guardians shall execute an undertaking that
he/she shall take the custody of the child and surrender the said child/minor whenever required
by the Court or competent authorities. Said law enforcers shall likewise given notice to the
MSWDO who will determine the appropriate programs I consultation with the child and to the
person having custody over the child. Children/minors who have not claimed by their parents
after 4:00 A.M. shall be committed to the care of MSWDO within a reasonable time of
the same day. The MSWDO shall commit such child/minor to the custody or care of the
Department of Social Welfare and Deevelopment in accordance with P. D. 603
otherwise known as the Child and Youth Welfare Code. If the parents/guardians or
nearest relatives cannot be located, or if they refuse to take the custody, the child/minor
may be released to any of the following;
1) A duty registered non-governmental or religious organization;
2) A barangay official or a member of the Barangay Council for the Protection of
Children (BCPC);
3) MSWDO, if the child/minor referred to herein has been found by the MSWDO to
be abandoned, neglected or abused by his parents, on in the event that the
parents will not comply with the intervention programs, the proper petition for
involuntary commitment shall he filed by the MSWDO pursuant to Presidential
Decres No.603 otherwise known as the Child and Youth Welfare Code.

In case where the child/minor falls within the provision of Section 4 (hh) (2 & 3).
Article 1. Chapter 1, said child/minor shall not be released. Instead, the case
shall be immediately endorsed to the MSWDO who shall immediately undertake
the necessary steps for the determination of the appropriate measures and/or
intervention or diversion program.

CHAPTER IX
INITIAL CONTACT WITH THE CHILD/MINOR

SECTION 38. PROCEDURE FOR TAKING THE CHILD INTO CUSTODY. From
the moment a child is taken into custody, the law enforcement officer shall:

a) Explain to the child in simple language and in dialect that he/she can
understand why he/she is being placed under custody and the offense that
he/she allegedly committed;
 b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;
c) Properly identify himself/herself and present proper identification to the child;
d) Refrain from using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances on the child in conflict with the law;
e) Avoid displaying or using firearms, weapon, handcuffs or other instrument of
force or restraint, unless absolutely necessary and only after all other
methods of control have been exhausted and have failure;
f) Refrain from subjecting the child in conflict with the law to greater restrain
than is necessary for his/her apprehension;
g) Avoid violence or unnecessary force;
h) Determine the age of the child pursuant to Section 7 of this Act;
i) Immediately but not later than eight (8) hours after apprehension, turn over
custody of the child to the Social Welfare and Development Office or other
accredited NGO’s and notify the child’s apprehension. The social welfare and
Development Officer shall explain to the child’s parent/guardians the
consequences of the child’s act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and reparation. If
appropriate;
j) Take the child immediately to the proper medical and health officer for a
thorough physical and mental examination. The examination results shall be
kept confidential unless otherwise ordered by the Family Court. Whenever the
medical treatment is required steps shall be immediately undertaken to
provide the same,
k) Ensure that should detention of the child in conflict with law be necessary,
child shall be secured in quarters separate from that of the opposite sex and
adult offenders;
l) Record the following in the initial investigation:
1) Whether handcuffs 0r other instruments of restraint were used, and if
so, the reason for such;
2) That the parent or guardian of a child, the DSWD, and the PAO have
been informed of the apprehension and the details thereof; and
3) The exhaustion of measures to determine the age of a child and the
precise details or the physical and medication examination or the
failure to submit a child to such examination; and
m) Ensure that all statements signed by the child during investigation shall be
witnessed by the child’s parents or guardian, social worker, or legal counsel in
attendance who shall affix his/her signature to the said statement, a child In
same gender and shall not be locked up in a detention cell.

SECTION 39. DUTIES DURING INITIAL INVESTIGATION – The law

enforcement officer shall in his/her investigation, determine where the case involving the
child in conflict with the law should be referred the taking of the statement of the child
shall be conducted in the presence of the following;

a) Child’s counsel of choice or in the absence thereof, a lawyer from the Public
Attorney’s Office;
b) The child’s parents, guardian, or nearest relative, as the case may be; and
c) The MSWDO. In the absence of the child’s parents, guardians, or nearest
relative, and the local social welfare and development officer, the investigation
shall be conducted in the presence of a representative of the NGO, religious
group, or member of the BCPC.
d) After the initial investigation, the social worker conducting the same may do
either of the following:
a) Proceed according with section 37 hereof if the child/minor is fifteen
(15) years or below or above fifteen (15) but below eighteen (18)
years old, who acted without discernment: and
b) If the child is above fifteen (15) years old but below eighteen (18)
and who acted with discernment, he/she must undergo diversion
programs without undergoing court proceeding subject to the
conditions provided for under chapter 2, Title V the Juvenile justice
and Welfare Act of 2006.

CHAPTER X

THE MUNICIPAL COUNCIL FOR THE PROTECTION OF CHILDREN

SECTION 40. CREATION, ESTABLISHMENT AND STRENGTHENING OF THE

MUNICIPAL COUNCIL FOR THE PROTECTION OF CHILDERN. Pursuant to Section
15, Chapter 1 of Title III of R. A. N. the Municipal Council for the Protection of the
Children (MCPC) shall be created and established which shall be strengthened within
one (1) year from effectivity of this Code.

SECTION 41. COMPOSITION, - membership in the MCPC shall from among the
responsible members of the community, including a representative from the youth
sector, as well as representatives from government and private agencies concerned
with the , as follows, welfare of children;

a) Municipal Social Welfare Development Officer;

b) Chairperson ot the Sangguniang Bayan Committee on Women and Family;
c) Representative of the Municipal Development Council;
 d) Municipal Legal Officer;
e) PNP Women’s and Children’s Protection Council (PNCO)
f) Representative from among the accredited non-government organization;
and
g) Representative from the private sector;

The MCPC shall adopt rules and regulation necessary to govern its proceedings.

SECTION 42. PURPOSE. – The MCPC shall serve as the primary agency to
coordinate with and assist the Municipality for the adoption of a comprehensive plan on
delinquency prevention, to oversee its proper implementation.

SECTION 43. POWER AND FUNTIONS OF THE MCPC. – The MCPC shall
have the following powers and function;
a) To assist the municipal government in the implementation of programs and
projects on delinquency prevention and the development of a municipal
comprehensive juvenile intervention programs and community-based
juvenile justice and welfare system.
b) To assist the municipal government in the monitoring and evaluation of the
municipal comprehensive juvenile intervention and community-based
juvenile justice and welfare system programs;
c) To assist the Municipal Government in the conduct of public hearings and
community consultation, in aid of the formulation of plans, policies and
proposed ordinance and regulations;
d) To coordinate with law enforcement agencies in the enforcement of this
Code.
e) To perform such other functions the Municipal Mayor and the Sangguniang
Bayan may authorize and delegate, as provided by ordinance or resolution.

SECTION 44. FUNDING. – As provided for under Section 15, Chapter 1 of Title
III of R.A. No. 9344, one percent (1%) of the internal revenue allotment of the
municipality and the barangays shall be allocated for the strengthening and
implementation of the programs of the MCBC provided that the disbursement or the
fund shall be made by the LGU concerne.
SECTION 45. THE ROLE OF THE SANGGUNIANG KABATAAN. – The
Sangguniang Kabataan Municipal Federation (SKMF) shall coordinate with the MCPC
in the formulation and implementation of juvenile intervention and diversion programs in
the community.
 CHAPTER XI
COMPREHENSIVE JUVENILE INTERVENSION PROGRAMS

SECTION 46. DEVELOPMENT OF COMPREHENSIVE JUVENILE INTERVENSION

PROGRAMS. – A comprehensive juvenile intervention program covering at least three –
year period shall be instituted in this municipality starting from the barangay level. The
municipality in coordination with the Municipal Council for the protection of the children
(MCPC), shall call on all sectors concerned, particularly the child – focused institutions,
‘NGO’s, people’s organization, education institutions and government agencies involved
in delinquency prevention to participate in the planning process and implementation of
juvenile intervention programs. Such programs shall be implemented consistent with the
nation program formulated and designed by the Juvenile Justice Welfare Council. The
implementation of the annually by the municipality in coordination with the MCPC.

SECTION 47. – COMMUNITY – BASE PROGRAMS ON JUVENILE JUSTICE AND

WELFARE. Community – base programs on juvenile and welfare shall be instituted by
the municipality shall provide community – base services which respond to the special
needs, problems, interest and concerns of the children and which offer appropriate
counseling and guidance to them and their families. These programs shall consist of
three levels;
a) Primary intervention includes general measures to promote social justice and
equal opportunity, which tackle perceived root causes of offending;
b) Secondary intervention includes measures to assist children at risk; and
c) Tertiary intervention includes measures to avoid unnecessary contact with
the formal justice and other measures to prevent- re – offending/

CHAPTER XII
MESCELLANEOUS PROVISION

SECTION 48. CRATION OR DESIGNATION OF HOLDING CENTERS. – The

Municipal Mayor is hereby authorized to create or designate a Holding Center for
minors taken into custody. The Sangguniang Barangay may create or designate in their
barangay a Holding Center for minors taken into custody aside from the Barangay Hall.

SECTION 49. SPECIAL PROVISIONS FOR PNP MEMBERS.

 a) The Marabut Police Station (MPS) shall have a children’s Desk manned by the
child and youth relations officers tasked to handle cases involving children. Child-
friendly police procedures shall be followed/implemented as contained in the
Police Handbook on the management of cases of handbook.
b) A special course for members of the PNP/SPDC elements shall be designed to
handle effectively children involved in anti-social activities. All Police officers shall
take up the course, especially those who are interested to be assigned with the
Children’s Desk in the police stations.
c) The course shall be designed and provided by the MSSD in close coordination
with the PNP/SPDC child protection team, if any, and concerned professional
organization and non-government organizations focused on child and youth
programs.

SECTION 50. DEPUTATION, POLICE VISIBILITY AND RECORDING. The

Barangay Officials and Barangay Tanods/Police are hereby deputized as law
enforcement officers to take into custody minors or minor students or person
violating this Code. The members of the Philippine National Police (PNP) shall
conduct roving patrols ang Police visibility between 10:00 P. M. and 4:00 A. M. to
ensure the strict compliance of this Code, particularly Article 3 of Chapter V hereof.
SECTION 51. The apprehending officer, official or tanod is required to record in the
police blotter book or barangay blotter logbook. As the case may be, the incident of
apprehension of minor or person violating this Ordinance. The apprehending officer,
official or Tanod who fails to comply with this provision shall be administratively
liable.

CHAPTER XIII
FINAL PROVISIONS
SECTION 52. If for any reason, any provision, section or part of this Ordinance is
declared not valid by the a court of competent jurisdiction or suspended or revoked by
the Sangguniang Panlalawigan, such judgment shall remain or continue to be in full
force and affect.

SECTION 53. APPLICABILITY CLAUSE. – All other matters relating to the

impositions in this Ordinance shall be governed by pertinent provisions of existing law
and other ordinances.
 SECTION 54. REPEALING CAUSE. – All ordinances, rules and regulations in
thereof, in conflict or inconsistent with any provision of this ordinance are hereby
repealed, amended or modified accordingly.

SECTION 55. EFFECTIVITY. This Ordinance shall take affect after ten (10) days
from the date a copy hereby is posted in a bulletin board at the entrance of the
Municipal Hall and in at least two (2) other conspicuous place in this municipality.

Enacted _______________________