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Sultan Dumalondong Children's Code

Children Code

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0% found this document useful (0 votes)
31 views23 pages

Sultan Dumalondong Children's Code

Children Code

Uploaded by

Azm B. Jamil
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines

Bangsamoro Autonomous Region in Muslim Mindanao


Province of Lanao del Sur
MUNICIPALITY OF SULTAN DUMALONDONG

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE


SANGGUNIANG BAYAN OF SULTAN DUMALONDONG, LANAO DEL SUR
WHICH WAS HELD ON JUNE 03, 2019 AT THE MUNCIPAL HALL.

Presents:
Hon. Asnawi t. Lampaco Vice mayor-Presiding officer
Hon. Ansary M. Kurangking SB Member
Hon. Jalilah M. Abdulmadid SB Member
Hon. Palawan S. Gagao SB Member
Hon. Ramal L. Langco SB Member
Hon. Saadia A. Galo SB Member
Hon. Abdulsamad R. Barauntong SB Member
Hon. Omar Bongaros SB Member-ABC President
Hon. Princess Janna Labay SB Member-SK fed. President

MUNICIPAL ORDINANCE NO. 05-2019

AN ORDINANCE ENACTING THE CHILDREN’S CODE OF SULTAN DUMALONDONG, LANAO


DEL SUR.

WHEREAS, the Local Government Code 1991 states that municipalities shall exercise and
discharge its powers, functions and responsibilities appropriate or incidental to the
efficient and effective provision of basic services and facilities, which includes, among
others, programs and projects 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 Future Generation”; however, the
most vulnerable sector of our society;

WHEREAS, the municipality of Sultan Dumalondong recognizes that children are


important assets of our society and should be given a decent quality life and it is only
when they are able to exercise their rights that they could develop their full potentials;

WHEREAS, in keeping with its duties and commitment to uphold the rights and well-
being of children, the Municipal Government of Sultan Dumalondong deems it necessary
to adopt measures and address these needs;

CHILDREN’S CODE | 1
NOW THEREFORE BE IT ORDAINED AS IT IS HEREBY ORDAINED BY THE
SANGGUNIANG BAYAN OF SULTAN DUMALONDONG IN SESSION DULY ASSEMBLED THAT:

ARTICLE I TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS

Section 1. TITLE – This Ordinance shall be known as Children’s Code of Sultan


Dumalondong, Lanao del Sur.

Section 2. DECLARATION OF POLICY AND PRINCIPLES:

The Municipality of Sultan Dumalondong recognizes the vital role of


youth/children in the development of this municipality and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being. It
recognizes that children have rights as provided in the United Nations
Convention on the Rights of the Child and Other Laws.

It recognizes the importance of effectively promoting fully enhancing and


institutionalizing the survival, development, protection and participation rights
of children.

The Local Government Unit shall respect the responsibilities, rights and
duties of parents or where applicable, the members of the extended family or
community as provided by Local Customs, legal guardians and other child care
givers responsible to provide guidance.

The Local Government Unit shall render appropriate assistance to parents


and legal guardians in the performance of their child rearing responsibilities and
shall ensure the development of institutions, facilities and services for the care
of children.

Section 3 - Purposes. – This code is enacted with the following Purposes:


a. To ensure the protection of children against all forms of abuse and
exploitation;
b. To advocate for children’s rights and promote their welfare and development;
c. To ensure that children’s rights are given priority attention both in government
and civil society;
d. To ensure that the Municipality of Sultan Dumalondong be transformed into a
Child Friendly community;
e. To improve the quality of life of the children of Sultan Dumalondong enabling
them to fully develop their potentials and participate in community life and
nation building.

Section 4. - DEFINITIONS OF TERMS- As used in this Code

a. Children – refers to persons below 18 years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse,
neglect cruelty and exploitation or discrimination because of physical or
mental disability or condition.

b. Survival Rights (CRC)– refers to inherent rights to life and needs that are basic
to existence which include the following:

CHILDREN’S CODE | 2
1. Right to life
2. Right from birth to a name
3. Right to acquire a nationality
4. Right to know his/her parents and be cared for by them
5. Right to adequate and decent standard of living
6. Right to access to basic health care and services.

c. Development Rights (CRC)– refers to access education which includes the


following:
1. Right to education opportunity
2. Right to access to appropriate information
3. Right to leisure, recreation and cultural and artistic activities
4. Right to develop the child’s physical and mental abilities to the fullest

d. Protection Rights (CRC)– covers those rights, protecting the child from all
forms of abuse, exploitation and discrimination which includes the following:
1. Protection of the child from all forms of physical and mental abuse
2. Right of the child to be protected from injury, neglect and
maltreatment
3. Protection from exploitation, sexual and economic abuse, including
prostitution and involvement in pornography
4. Protection from sale, trafficking and abduction
5. Right to special protection and assistance if without a family
6. Right to treatment for necessary and reintegration of abused or
exploited
7. Right to periodic review if placed under care, protection or treatment
8. Right of protection in situation of armed conflict
9. Right of children in conflict with the law
10. Right of freedom from torture, death, penalty, life imprisonment and
deprivation of liberty.
11. Right to protection from child labor.
12. Right to be protected from the use of narcotics, psychotropic drugs and
from being involved in the production or distribution.

e. Participation Rights (CRC) – refers to right of children to participate, give


opinion and be heard, which includes the following:
1. Right to express his/her opinion freely and to have that opinion
considered
2. Right to obtain information, make ideas and information known
3. Freedom of thought, conscience and religion subject to appropriate
parental guidance
4. Freedom to join association and peaceful assemblies
5. Right to be heard in judicial and administrative proceedings and
6. Right to privacy

f. Child Abuse (RA 7610 & 9262, PD 603, RA 7877)– refers to the maltreatment,
whether habitual or not of the child that includes any of the following:
1. Physical and psychological abuse, neglect, cruelty, sexual and
emotional

CHILDREN’S CODE | 3
2. Any act by deeds or words which degrades the dignity of a child as a
human being
3. Unreasonable deprivation of his/her basic needs such as food, shelter
and clothing
4. Failure to immediately give medical treatment to an injured child
resulting in serious impairment of growth and development of
permanent incapacity or death.

g. Exploitation (RA 9208) – means hiring, employment, persuasion, inducement


or coercion of a child to perform in obscure exhibitions and indecent shows,
whether live or in video or film or the pose or act as a model in obscure
publication or pornographic materials or to sell or distribute materials.

h. Early Child Care Development (ECCD) – refers to the full range of health,
nutrition, early education and social services programs that provide for the
basic holistic needs of young children from birth to age six (6), to promote
their optimum growth and development.
i. Pre –School Education –refers to the age from birth up to six years of age (0-6)
known to be critical phase of child’s psychomotor development. It is the phase
when 90% of the human brain is developed. It is the phase when activities for
developmental; situation must be provided, hence, the need for early
childhood care and development program.

j. Day Care – is the provision of substitute parental care and stimulating activities
for the total development children zero to five (0-5) years when their parent
are unable to take care of them during part of the day because of work and
some other situation.

k. Day Care Center – is a facility where Day Care Services are provided by an
accredited Day Care Worker particularly on the 3-5 year age bracket.

l. Special Concerns – are circumstances which gravely threatens or endanger the


survival and normal development of children including but not limited to the
following:

1. Being in a community where there is armed conflict or being affected


by armed conflict related activities

2. Working under conditions hazardous to life safety and morals which


unduly interfere with their normal development

3. Living in or fending for themselves in the streets without the care of


parents and guardians or any adult supervision needed for their welfare

4. Being a member of indigenous cultural community and/or hiring under


conditions of extreme poverty or in an area which is underdeveloped
and/or lack or has inadequate access to basic services needed for a
good quality of life.

5. Being a victim of man-made or natural disaster calamity

6. Circumstances analogous to those above stated which endanger life,


safety or normal development of children

CHILDREN’S CODE | 4
m. Comprehensive Program Against Child Abuse, Exploitation and Discrimination
– refers to the coordinated program of services and facilities to protect
children against:

1. Child prostitution and other child abuse


2. Child trafficking
3. Obscure publication and indecent shows
4. Other acts of abuse and
5. Circumstances which threatens or endanger the survival and normal
development of child

n. Anti-Social Related Activities – are those acts against property, chastity and
person which include but not limited to the following:

1. Petty crimes such as snatching, shoplifting, and misrepresentation


2. Using and pushing prohibited drugs, selling illegal or bad reading
materials
3. Pimping for young and old prostitutes doing or participating in obscene
show’s
4. Gambling of any form
5. Rape and incest
6. Unjust and inhumane manner of eviction and demolition
7. Any other circumstances as defined in the existing laws

o. Child in Conflict with the Law (CICL) - refers to a child who is alleged, accused
of, or adjudged as, having committed an offense under Philippine Laws.

ARTICLE II
RIGHTS AND OBLIGATIONS OF THE CHILD

Section 5. – RIGHTS OF THE CHILD

a. Every child shall be entitled to the rights herein set forth without distinction as
to legitimacy, sex, social status, religion, political antecedents, and other
factors.
b. Every child shall possess the following rights which are classified into survival,
development, protection and participation rights:

1. “Survival rights” ensure the child’s inherent right to life and to the needs
that are most basic to existence, the rights to a name and to a nationality,
the right to identify and those dealing with parental and governmental
duties and obligations, adequate and decent standard of living, access to
basic health care and medical services, social security, and rehabilitation.
The following are the survival rights:

a) Every child has the right to be born well, endowed with the dignity and
worth of a human being from the moment of his or her conception;
b) Every child has the right to a wholesome family life that will provide
him or her with love, care and understanding, guidance and
counselling, and moral and material security. The dependent or

CHILDREN’S CODE | 5
abandoned child shall be provided with the nearest substitute of a
home;
c) Every child has the right to balanced diet, adequate clothing, sufficient
shelter, proper medical attention, and all the basic physical
requirements of a healthy and vigorous life.

2. “Development Rights” refer to the rights of a child to education to develop


her or his personality, talents and mental and physical abilities to the
fullest extent. These also include participation in cultural activities, access
to appropriate and relevant information, and opportunities for rest, play
and leisure. The following are the development rights:

a) Every child has the right to a well-rounded development of her or his


personality to the end that she or he may become a happy, useful, and
active member of society specifically:
(1) The gifted child shall be given the opportunity and encouragement
to develop her or his special talents;
(2) The emotionally disturbed or socially maladjusted child shall be
treated with sympathy and understanding, and shall be entitled to
treatment and competent care;
(3) The physically or mentally disabled child shall be given treatment,
education and care required by her or his particular condition;

b) Every child has the right to be brought up in an atmosphere of morality


and rectitude for the enrichment and the strengthening of her or his
character;
c) Every child has the right to grow up as a free individual in an
atmosphere of peace, understanding, tolerance, and universal
sisterhood/brotherhood, and with the determination to contribute her
or his share in the building of better world;
d) Every child has the right to education. Primary education must be
compulsory and higher education must be available and accessible to
all on the basis of capacity by every appropriate means. The education
of the child shall be directed to:

(1) The development of the child’s personality, talents and mental and
physical abilities to the fullest extent;
(2) The preparation of the child for responsible adult life in a free
society;
(3) The development of respect for the child’s parents, her or his
cultural identity, language and values, and the cultural background
and values of others;
(4) The development of respect for the natural environment;

e) Every child has the right to full opportunities for safe and wholesome
recreation and activities, individual as well as social, for the wholesome
use of her or his leisure hours.

f) Every child has the right to live in a community and a society that can
offer her or him an environment free from pernicious influences and

CHILDREN’S CODE | 6
conducive to the promotion of her or his health and the cultivation of
her or his desirable traits and attributes.

3. “Protection rights” cover those rights protecting the child from all forms of
abuses and discrimination such as protection from cruelty, torture,
arbitrary separation from family, abuses in the justice and penal system,
involvement in armed conflict, child labor, drug abuse, sexual abuse, and
exploitation.

4. “Participation rights” refer to the child’s right to participate in matters that


affect him or her most by providing all appropriate venues where he or she
can express his or her opinions freely and to have these opinions taken
into account, involvement in decision-making and a consultative process,
freedom of association and peaceful assembly. The following are the
participation rights:
a) Every child has the right to be provided the opportunity to be heard in
any judicial and administrative proceeding affecting him or her, either
directly, or through a representative or an appropriate body, in a
manner consistent with the procedural rules of national law;
b) Every child has the right to freedom of thought, conscience and
religion, subject to appropriate parental guidance;
c) Every child has the right to freedom of statement. This right shall
include freedom to seek, receive and impart information and ideas of
all kind;
d) Every child has the right to express his or her opinions freely and to
have these opinions taken into account in any matter or procedure
affecting him or her;
e) Every child has the right to privacy and shall be protected against
unlawful interference, and to unlawful attacks against his or her honor
and reputation.

Section 6. - Responsibilities of the Child – Every child, regardless of the circumstances of


birth, sex, religion, social status, political antecedents and other factors shall:

a. Strive to lead an upright and virtues life in accordance with the tenets of his or
her religion, the teaching of his or her elders and mentors, and the bidding of
clean conscience;
b. Love, respect and obey his or her parents, and cooperate with them in
strengthening of the family.
c. Extend to his or her brothers and sisters love, thoughtfulness, and endeavour
with them to keep the family harmonious and united;
d. Exert his or her outmost to develop his or her potentialities for service,
particularly by undergoing a formal education suited to his or her abilities, in
order that he or she may become an asset to himself or herself and to society.
e. Respect not only his or her elders but also the custom and traditions of his or
her people, the memory of his or her people heroes, the duly constituted
authorities, the laws of the country, and the principles and institutions of
democracy;
f. Actively participate in civic affairs and in the promotion of the general welfare,
recognizing that it is youth who will eventually be called upon to discharge the
responsibility of leadership in shaping the nation’s future; and

CHILDREN’S CODE | 7
g. Help in the observance of individual human rights, the strengthening of
freedom everywhere, the fostering of cooperation among nations in the
pursuit of their common aspiration for unity and prosperity, and the
furtherance of world peace.

ARTICLE III
SURVIVAL RIGHTS OF CHILDREN

Section 7 – PRIMARY HEALTH CARE


The Municipal Government shall implement and sustain the Primary
Health Care Program. To ensure the implementation of this Section, it shall take
appropriate measure to support the program on health under the following
frameworks of primary health and preventive care.

7.1 MATERNAL AND CHILD CARE PROGRAM


The Municipal Government shall continue to implement and
support its maternal and child care services program. The program on
preventive child care and health services shall include the following:

a) Regular pre-natal consultation of pregnant women at least once


every tri-mester
b) Monitoring and registration of birth, to ensure that all births
must be attended by trained personnel’s such as midwifes,
nurses or physicians
c) Completion of immunization series for prevention of
tuberculosis, diphtheria, pertussis, neonatal, tetanus, measles,
poliomyelites, hepatitis B and such other diseases for which
vaccine have been developed
d) Pregnant and lactating mothers must be given get vitamins A
and iron and iodine or iodized salt
e) Children are given 1 dose of Vitamin A starting 6-11 months at
100,000 I.U and 1-5 years old are given Vitamin A at 200,000
I.U. capsules twice a year
f) Pregnancies are spaced at least three (3) years apart
g) To ensured that all neonates must undergo newborn screening
at birth
7.2 DENTAL HYGENE

Section 8 – NUTRITION PROGRAM

The Municipal Government shall establish and sustain a growth and nutritional
monitoring with nutrition feeding and supervision of nutritional intake of children
in home and in school by:

a) Encouraging mothers to breastfeed their babies by stressing the


importance and benefits of breastmilk
b) To ensure that safe and adequate nutrition for all infants is
provided, Executive Order No. 51 entitled: “Adopting a National
Code of Marketing of Breastmilk Substitute, Breastmilk Supplement
and Related Products, Penalizing Violation thereof and for Other
Purpose” shall be strictly implemented.

CHILDREN’S CODE | 8
c) Implementation of RA 8172 otherwise known as “An Act Promoting
the Salt Iodization Nationwide”. This program on Nutrition shall be
under the administration and supervision of the MHO
d) Full implementation of Municipal Ordinance No. 01 Series of 2002
known as “An Ordinance Regulating Ambulant Vendors of Junk
foods on School Vicinities for Sanitation Purposes and Establishing
Monitoring System”
e) The program on Nutrition shall include a monitoring and evaluation
system which shall be established by MHO that operation timbang
is conducted every first quarter followed by every quarter thereof

Regulating the hazardous plastic toys in the canteen and stores in school
vicinities for health purposes and establishing monitoring system.

8.1 COMPREHENSIVE PARENT ORIENTATION PROGRAM


The Municipal Government shall establish a Comprehensive Parent
Orientation Development Program which includes gender responsive
courses on:
a) Reproductive health
b) Child health and child rearing practice
c) Parent effectiveness service
d) Pre-marriage and marriage counselling
e) Responsible parenthood in the context of Filipino Psychology

ARTICLE IV DEVELOPMENT RIGHTS OF CHILDREN

Section 9. - EARLY CHILDHOOD CARE AND DEVELOPMENT PROGRAM shall include the
following:

9.1 DAY CARE SERVICE PROGRAM

The Municipal Government shall develop, implement and sustain its


Day Care Service Program which is centre based and community based

9.2 IMPORTANCE OF DAY CARE SERVICE PROGRAM


Day Care Service Program addresses the needs in the crucial stage of a
child’s growth. By the age of five (5) a child brain has already grown to
90 percent of its adult weight and much of the way he/she envisions
and interacts with the world has been shaped. Thus, the formative
years and the care that he/she gets during this period would
significantly affect the learning capacity, personal and social interaction
into adulthood.

9.3 DAY CARE CENTERS


- Which shall serve 3-5 years old children be set up in every barangay,
the number of which shall depend on the population level of the
community.

Day Care Centers aims to help the child:


a) Become physically fit through proper care and nutrition
b) Develop self-confidence, self-statement and self-discipline

CHILDREN’S CODE | 9
c) Relate well with others
d) Develop strong spiritual, socio-cultural and nationalistic values
as well as positive attitudes toward the family

9.4 DAY CARE WORKERS AND SUPPORT GROUP

a. The Local Government Unit/Barangay shall implement Provincial


Ordinance No. 79 s. Of 2001, which provides incentives and
benefits to Day Care Workers. The MSWD shall provide a continuing
number of technical assistances to the center.
b. A Community volunteer Parents Group shall be organized to be an
effective support group to the center. The volunteer group shall
help mobilize resources for the improvement of the center,
acquisition of more learning materials and play equipment and
other support activities

9.5 SETTING UP OF DAY CARE CENTERS BY COMMUNITY BASED


ORGANIZATIONS

Community based organizations can help mobilize resources to


complement the effort of the Municipal Government in establishing
day care centers in their communities. In this way more children
needing attention can be reached.

Section 10 – RECREATIONAL AND CULTURAL PROGRAMS

a. Every barangay in the Municipality of Sultan Dumalondong shall


allocate space for recreational facilities appropriate for different age
groups
b. A year round cultural program appropriate to age groups shall be
designed with due respect to cultural diversity
c. Indigenous game shall be encouraged in various athletic and sports
programs of the LGU.

Section 11 – LOCAL CHILDREN LITERATURE

In support for the threat for the socio-cultural development of children


in the Province of Lanao del Sur. The Municipal Government of Sultan
dumalondong shall invest in the promotion and production of local literature
for children and other relevant materials.

Section 12 – OTHER CHILD FRIENDLY FACILITIES

The Municipal Government in partnership with NGO and Civic


organizations are encouraged to put up and maintain child-friendly facilities
such as but not limited to libraries, museums, parks and playgrounds.

Section 13– SPIRITUAL DEVELOPMENTS

The spiritual and moral upliftment of children shall be the

CHILDREN’S CODE | 10
responsibility of the parents, schools, teachers, different churches and
religious groups in the municipality.

Every family shall admonish their children to heed the teachings of their
Islamic culture, attend actively and get involved in their respective religious
activities such as Seminars regarding Islam, Reading Qur-an,retreats, seminars,
family day, prayer meeting and the like to ensure a strong family relationship
and Allah (swt) -fearing community.

Religious education of children in all public and private schools is a legitimate


concern of the Islam to which the student belong, all Mosque may offer
religious instructions in public and private elementary and secondary schools
subject to the requirements of the Constitution and existing laws.

ARTICLE V PROTECTION RIGHTS OF CHILDREN

Section 14 – The Local Government shall ensure the adoption and implementation of the
following National Laws concerning the Children in Need of Special Protection
(CNSP) and other existing laws protecting children such as:

1. R.A. 7610 – Special Protection of Children against child abuse,


exploitation and discrimination Act of 1994
2. R.A. 7658 - Act Prohibiting the Employment of Children Below 15 years of
Age in Public and Private Undertakings of 1994
3. R.A. 8353 – Anti-Rape (1997)
4. R.A. 8505 – Rape Victim Assistance and Protection Act of 1998
5. R.A. 7877 – Anti-Sexual Harassment Act of 1995
6. R.A. 9262 – Anti- violence against women and their children act of 2006
7. R.A. 9344 - Juvenile Justice and Welfare Act of 2006
8. R.A. 9208 – Anti- trafficking in persons especially woman and children
9. R.A. 9165 – Comprehensive Dangerous Drug Act
10. R.A. 8980 – The Early Childhood Care and Development Act of 2000
11. R.A. 9231 – prohibits the employment of children below 15 years of age
12. R.A. 9211 – Regulating the use & distribution of Tobacco Products

Section 15 – OTHER PROHIBITED ACTS

In addition to all acts defined and penalized under Republic Acts enumerated above, and
other pertinent laws, the following acts shall likewise be punishable:

a. Illegal Recruitment – any person who recruits other person to work shall
be required to register with and secure a permit from the office of the
Barangay Captain in the place of recruitment. Recruiting children without
Brgy. permit is illegal.
b. Peonage of Children – offering a child or the services of a child as
payment for a debt or in exchange for a favor, such as but not limited to:
1. Working in agricultural industries like rice & corn plantations or
farms
2. Working as housekeeper

CHILDREN’S CODE | 11
c. Pre-arrangement for Marriage- pre-arrangement made by parents or
guardians to many off their children onwards
d. Using Girls as Commodities in Benefit Dances – minor girls shall not be
allowed to be used as dancing partners in benefit dances for payment or
free. The organizers or persons anchoring such benefit dances shall be
penalized under this section.
e. Discrimination of Girl Children – Discrimination of girl children by
prohibiting and depriving them of formal education
f. Discrimination of Non-Marriage Children - For schools to discriminate
non-marriage children as follows but not limited to the following:
1. Refusal to accept enrolment of illegitimate children in the
school by reason of ones’ illegitimacy
2. Requiring the marriage contract of parents as a requirement
for enrolment of the child
g. Expulsion or Dropping by Reason of Pregnancy and or CICL - for schools
to impose a penalty of expulsion against a child (minor) who has
complied with all academic requirements by reason of her
pregnancy/CICL. Schools may impose any other penalty which shall be
made applicable based from existing laws rules and regulations of the
government to both the pregnant girl and her partner if he is also
enrolled in the same school.
h. Refusal to Graduate by Reason of Pregnancy/CICL – for schools to refuse
a child to graduate by reason of pregnancy if she has complied with all
academic requirements
i. Refusal to Issue Clearances by Reason of Pregnancy/CICL – for schools to
refuse issuances of clearance to children by reason of pregnancy.
j. Physical and Degrading Forms of Punishment - subject the child to
physical and degrading forms of punishment such as but not limited to:
1. Pulling the hair of the child
2. Making the child stand for long hours in classrooms
3. Stripping the child of his/her clothing’s
4. Shaving the head of a child
5. Throwing objects such as but not limited to erasers, chalk etc
at the child
6. Shouting & uttering humiliating words that affects the
emotional & psychological of the child
7. Other acts that tried to belittle the child.
k. Pushing/Enticing Minors to Live-in Arrangements - it shall be unlawful to
parents to entice encourage and/or push their children to live together
with any person as husband and wife in exchange for money or any other
consideration.

Section 16. – Control on Exposure to New Technology

Control on Children’s Exposure to Commercial Video Machines &


Internet Cafes
- Commercial Video machines and internet cafes catering to children (except
college students) during school days from 7:00 o’clock in the morning to
5:00 o’clock in the afternoon and beyond 9:00 o’clock in the evening,
shall be subjected to suspension of business permits for 15 days on the

CHILDREN’S CODE | 12
1st offense and one (1) month suspension of the same for the 2 nd offense.
Confiscation of the video games & internet machine and cancellation of
the business permit of the said establishment shall constitute the penalty
for the third offense.

Section 17 – Control of Children’s Exposure in Disco, Bistro, Videoke & Other Nighttime
Entertainment
For the protection of children below 18 years of age, the owner or
operator of establishment are prohibited to allow minors to enter
nighttime entertainment.

Violation of this section shall be penalized as follows:


1st offense – 15 days suspension of business permit
2nd offense – 30 days suspension of business permit
3rd offense – cancellation of business permit
 Confiscation of machine & filing of case in court

Section 18– RESPONSIBILITIES OF PARENTS/GUARDIANS

The family (parents/guardians) has the primary responsibility and duty


to provide protection to their children from infancy to adolescence.
Introduction of children to the culture, values and norms of their society shall
begin in the family. The parents shall have the right to the company of their
children and in relation to all other persons or institutions dealing with
children’s development, the primary right and obligation to provide for their
upbringing.

Parents/guardians shall take special care to prevent the child from


becoming addicted to intoxicating drinks, narcotic drugs, smoking, gambling
and other vices or harmful practices.

ARTICLE VI
ROLES AND RESPONSIBILITIES OF VARIOUS SECTORS

Section 19 – GENERAL DUTIES OF PARENTS/GUARDIANS

Parents shall have the following general duties toward their children:
a) To give them affection, companionship and understanding;
b) To extend to them the benefits of moral guidance, self-discipline and
religious instructions; send their children to schools offering pre-
elementary and basic education;
c) To supervise their activities, including their recreation
d) To inculcate in them the value of industry, thrift and self-reliance;
e) To stimulate their children in civic affairs, teach them the duties of
citizenship and develop their commitment to their country;
f) To advise them properly on any matter affecting their development and
well-being;
g) To always set a good example;
h) To provide them with adequate support as defined in Art. 194 of the
Family Code.

CHILDREN’S CODE | 13
i) To administer their property, if any, according to their best interest,
subject to the provisions of Art. 225 to 227 of the Family Code.
j) Whenever a parent or guardian is found to have been unreasonably
neglecting in his/her duties toward the child, he/she shall be
admonished by the DSWD or by the Local Council for the protection of
Children.
k) To send their children to schools offering pre-elementary and basic
education.

Section 20. – EDUCATIONAL INSTITUTIONS


Educational Institutions shall work together with parents, community
organizations and agencies concerned with the activities for children.

It is the responsibility of the school administrations to design and provide


guidelines for the protection of children within their school premises.

School officials, parents and local government officials shall see to it that
school children and students are provided with adequate school room
instructional materials and facilities including playground, space and facilities
for sports and physical development activities. Such officials should see to it
that the school environment is free from hazard to the health and safety of
the students and that there are adequate safety measures for any emergency
such as accessible exits, firefighting equipment and the like. All children shall
have the free access to adequate dental and medical services.

School based child protection team shall be established to have a


mechanism that would help in the early detection, prevention and solution to
abuse committed against children.

Parent-Teachers Association all over the municipality shall aid the Municipal
and school authorities in the enforcement of juvenile delinquency control
measures and in the implementation of programs and activities to promote
child welfare.

Section 21 – ROLE OF MASS MEDIA

The Mass Media shall be aware of their extensive social role and responsibility as well as
their influence, in communications relating with the children. They should use
their power to protect the rights of children by relaying consistent message
through a balanced approach.

Protect the rights of children by using the Principle of Confidentiality in all cases
involving children. Special attention shall also be given to effective anti-drug
awareness campaigns and delinquency prevention.

Section 22 – ROLE OF PEOPLES ORGANIZATION AND NON-


GOVERNMENT ORGANIZATIONS

To provide support to Government Organizations and other various


stakeholders in promoting the Children’s Welfare particularly along

CHILDREN’S CODE | 14
prevention, protection, rehabilitation and re-integration programs and
services through involvement in the following strategic activities:

I. Advocacy and Social Mobilization


1. To act as volunteer trainer/speaker in conducting public
awareness/community education on children pertinent laws and
possible actions for the prevention of child abuse and exploitation.
2. To act as partner implementer in mobilizing communities into action
to prevent child abuse and exploitation at the community level.
3. To get involved in undertaking and sustaining media campaign and
information dissemination

2 Capability Building
To participate in the trainings/seminars offered/given by concerned
GOs/other NGOs in order to continuously upgrade knowledge and skills in
handling and responding to child abuse cases and be part of the frontline
workers in the implementation of such.

3. Data Collection and Management


To participate in immediate reporting of child abuse & exploitation
cases through coordination to concerned authorities

4. Alliance Building and Networking


1. Establish and maintain collaborative linkages with concerned
authorities by joining the Lanao del Sur Women and Children Quick
Response Team’s (Lanao del Sur-WCQRT) activities particularly
periodical meetings
2. Actively participate in local discussions and initiatives that seek to
protect and uphold the rights of children
3. Foster cooperation and coordination with the law enforcement
agencies in the surveillance and rescue of children victims of abuse
and exploitation and take part in giving protective custody to the
child victim

5. Research, Policy Studies and Documentation

Cooperate in regular sharing of information with concerned agencies


intended for the documentation of best practices and research.

6. Institutional Mechanism

Get involved in the inter-agency coordinative preventive mechanism


on government programs.

Section 23. SIGNIFICANT ROLES OF THE PNP

The Philippine National Police based in the municipality shall ensure Police
Visibility in places frequented by children especially in the evening to provide
protection and immediate assistance in cases of harmful situations.

CHILDREN’S CODE | 15
Police officers and force multipliers (Brgy. Officials and tanods) shall escort
minors found loitering in public places beyond 10:00 o’clock in the evening to
their proper domicile, to ensure their safety.

They should also advice their parents and/or guardians to limit the time they
allowed their children to stay outside their homes to until 10:00 o’clock in the
evening, or when necessary. Minors shall be accompanied by his/her relative
within fourth degree by affinity and consanguinity.

Section 24. SIGNIFICANT ROLE OF HOSPITAL/CLINIC

All hospitals, clinics and other institution as well as private physicians


providing treatment for any case of maltreated or abused child shall within 48
hours from knowledge of the case report in writing to the Provincial Fiscal, or
to the LCPC or to the nearest unit of DSWD.

Violation of this provision shall subject the hospital, clinic, institution, a


physician who finds to make such report to a fine of not more than P 1,000.00
filing of administrative case the institution.

SIGNIFICANT ROLE OF CIVIL REGISTRAR

The Civil Registrar shall ensure the immediate registration of newborn


children thru regular coordination with the barangay health workers,
midwives, hospital, clinics.

The Office shall also issue foundling certificate for those abandoned children
in coordination with the Municipal Social Welfare and Development Office

Section 25 – ESTABLISHMENT OF TABANG HOTLINE

A round the clock reporting and monitoring base against child abuse shall be
established and anchored by the Municipal Social Welfare and Development
Office. Said hotline shall act as the 24-hour vanguard of children in all crime
and abuses committed against them by any person. Upon receiving
information regarding any crime committed against a child, the Tabang
Hotline shall immediately report to the appropriate authorities such incident
and shall monitor every progress that may occur in relation to the
apprehension and prosecution of the criminal.

ARTICLE VI PARTICIPATION RIGHTS OF CHILDREN

Section 26– RIGHTS TO OPINION - Opinions of children shall be heard, in the family,
school, community or other organization or institutions. Every child has the
right to express his opinion freely in so far as such opinion is not contrary to
law, morals, good customs, public safety and policy and to have that opinion
be considered in all matters of procedure affecting the child. It shall be the
responsibility of the adults to provide opportunities for children to express

CHILDREN’S CODE | 16
their views, organized among themselves, obtain information, make ideas or
information known regardless of tribe, sex and religious belief.

Section 27- PARTICIPATION OF CHILDREN IN ACTIVITIES THAT HARNESS THEIR


POTENTIALS AND GIFTED TALENTS

Parents are encouraged to allow their children to join and participate in


school activities like scouting, school organizations, sports of interest,
competitions in Arts, Sciences and other Social and cultural activities that will
develop their well-being.

Youth Associations – as used in this code, shall refer to any club, organization or
association of individuals below 18 years of age which is directly or indirectly
involved in carrying out child and youth welfare programs and activities. All
youth organizations shall enjoy the same rights and discharge the same
responsibilities as civic associations as may be permitted by law.

Students Organizations- All students’ organization in public and private schools shall
include in their objectives the cultivation of harmonious relations among their
members and with the various segments of the community.

Likewise, the Municipal Government shall assist and support children with exceptional
talents in singing, dancing, sports and academic intelligence to excel in the
field.

Section 28 – CONVENTION OF MINORS FOR PURPOSES OF CONSULTATION

The LGU shall encourage Conventions of minors to hear their opinions and views in
matters affecting their growth and progress.

It is necessary that minors ages 3 to 6 ,7 to 12 and 13 to 17 years old are


convened once a year, especially during the Children’s Month of October.

Section 29 – OCTOBER AS “CHILDREN’S MONTH AND OCTOBER 17 OF EVERY YEAR AS


NATIONAL CHILDREN’S DAY

Presidential Proclamation No. 74 dated October 16, 1992 declaring Oct.


17 of every year as National Children’s Day to honour Filipino Children and to
emphasize the importance of their roles within the family and in society and
Res. Proc. No. 267 dated Sept. 30, 1993 declaring the month of October as
National Children’s Month.

The Local Council for the Welfare of Children shall conduct child focused
activities for the month and observe Children’s Day with programs
highlighting the rights, role and responsibilities of children.

Section 30 –CHILDREN AND PARENT’S SUMMIT

CHILDREN’S CODE | 17
This is a family enrichment intervention in which children and parents identify their
needs and expectations and come-up with alternative strategies for conflict
resolutions.

“Linggo ng Kabataan “ – The Federation ng Sangguniang Kabataan shall conduct the


following activities during the Linggo ng mga Kabataan.

a) Commemoration of young Filipino heroes who made significant


contribution to the development of the country or the locality;
b) Recognition and awarding of outstanding youth organizations for
their achievement and contributions to development, and
c) Awareness campaign on environmental issues. Sports festivities and
competitions, cultural festivals, arts and skills exhibition, volunteer
works, tour of historical places and such other youth oriented
activities as may be deemed relevant.

ARTICLE VII IMPLEMENTING MECHANISM

Section 32 – CREATION AND ORGANIZATION OF THE MUNICIPAL AND BARANGAY


COUNCIL FOR THE PROTECTION OF CHILDREN MCPC AND BCPC

Legal Bases:
1. Republic Act 7610- Special Protection of Children against Child Abuse,
Exploitation and Discrimination Act
2. Article 359 & 360 of the Civil Code of the Philippines provides that “the
government shall establish Councils for the Protection of Children.”
3. Likewise, Art 87 of Presidential Decree (PD 603) Children and Youth
Welfare Code – states that “every Barangay council shall encourage the
organization of a Local Council for the Protection of Children and shall
coordinate with the council for the Welfare of children in drawing and
implementing plans for the promotion of child and youth welfare”.

There is therefore a need to organize LCPC not only in the barangays


but also in all other Local Government Units (LGUs) to ensure
synchronization and integration of policies, programs and projects for
children.
4. RA 8980 otherwise known as the “Early Childhood and Care
Development (ECCD) Act” promulgates a comprehensive policy and
national system for children from 0-6 years old.
5. The LCPC shall be the umbrella organization for all programs on children
and the ECCD Coordinating Committee shall be one of the committees
under it.

Section 33 – THE MUNICIPAL COUNCIL FOR THE PROTECTION OF CHILDREN (MCPC)

Composition:
Chairperson - Municipal Mayor
Co-Chair - Vice Mayor
Members - Sangguniang Bayan Member,
Chairperson, Committee on Women & Family

CHILDREN’S CODE | 18
DILG Municipal Field Officer
Div. Superintendent/District Supervisor of Dep. Ed
Local Labor & Employment Officer
Municipal Planning & Dev’t. Officer
Municipal Budget Officer
Municipal Health Officer
Municipal Social Welfare & Dev’t. officer
Municipal Civil Registrar
Municipal Nutrition Officer
Municipal Accountant
Chief of Police
Municipal Treasurer
Municipal ABC President
Municipal SK Federation President
Parents-Teacher Association President
Child Representative (District Federation President)
At least three (3) representative of NGOs, two (2) of
whom are appointed by the Committee handling
ECCD Programs and one (1) from the trade/labor
union sector

Section 34 – FUNCTIONS OF MCPC

1. Formulate plans, programs and policies for children that are gender-fair,
culturally relevant and responsive to the needs of diverse groups of children
from 0 to below 18 years of age;
2. Prepare AWFP for children and recommend appropriations to the
Sanggunian;
3. Provide coordinative linkages with other agencies and institutions in the
planning, monitoring and evaluation of plans for children;
4. Provide technical assistance and recommend financial support to the BCPC;
5. Establish and maintain database on children in the municipality;
6. Foster education of every child;
7. Advocate for the establishment and maintenance of playgrounds, day care
center and other facilities necessary for child and youth development;
8. Recommend local legislations promoting child survival protection,
participation and development, especially on the quality of television shows,
media prints and coverage which are detrimental to children and with
appropriate funding support.
9. Assist children in need of special protection and refer cases filed against child
abuses to proper agencies/institutions
10. Conduct capability building programs to enhance knowledge and skills in
handling children’s program;
11. Document barangay best practices on children;
12. Monitor and evaluate the implementation of the program and submit
quarterly status reports to PCPC.
13. Perform such other functions as provided for in the ECCD and other child
related laws.

CHILDREN’S CODE | 19
Section 35 – THE BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN (BCPC)

Composition:
Chairperson -Punong Barangay
Co-Chair -
Members - Barangay Kagawad, Chairperson on Women & Family
Barangay Nutrition Scholar
Barangay Day Care Worker
Barangay Health Nurse/Midwife
Barangay Health Worker
Dep. Ed. Principal/Teacher –in-Charge
Chief Tanod
Children’s Representative
PTA Pres. /his Representative
NGO/PO Representative
Others
Members of the BCPC shall elect from among themselves the co-chair

Section 36 - FUNCTIONS:

1. Foster education of every child


2. Take steps to prevent juvenile delinquency and assist parents’ children will
behavioral problems so that they can get expert advice;
3. Adopt measures for the health of children;
4. Conduct capability building projects to increase knowledge and skills in
handling children’s programs
5. Encourage the proper performance of the duties and responsibilities of
parents and provide learning opportunities on the adequate rearing of
children and positive parent-child relationship
6. Promote wholesome entertainment in the community, especially in movie
houses
7. Prepare AWFP for children and recommend appropriations to the Sanggunian
8. Provide coordinative linkages with other agencies and institutions in the
planning, monitoring and evaluation of plans for children;
9. Establish and maintain database on children in the barangay;
10. Advocate for the establishment and maintenance of playgrounds, day care
centers and other facilities necessary for child and youth development
11. Advocate for the passage of barangay resolutions/ordinances responsive to
child-related issues and concerns and ensure the inclusion of children’s
program in the executive agenda;
12. Protect and assist children in need of special protection (e.g. abandoned,
maltreated and dependents) and refer cases filed against child abuses to
proper agencies/institutions;
13. Monitor situational reports on children and prepare quarterly update, and
dividing the implementation of children’s program and make
recommendations to the MCPC for consideration and nationwide application.
14. Prepare such other functions and other child related laws especially in
matters of child and parent educations, health, entertainment, etc.

CHILDREN’S CODE | 20
Section 37 – SECRETARIAT

The MSWDO shall be the secretariat of the MCPC

Section 38 – FUNDING

Upon recommendation of the MCPC/BCPC the LGU shall provide funding for
programs/projects/activities on children and ensure that these are implemented.

Section 39 – ROLE OF DILG

a. The DILG shall oversee the organization and functionality of the MCPC and
BCPC
b. Monitoring the advocacy of the 4 gifts for children in the context of
Convention on the Rights of Children (CRC), right based approach and result
based management
c. Promote functional bodies dealing with children
d. Monitoring the integration of children’s rights in LGPMS: use of social child
rights indicator in performance review
e. Monitoring the status of the Local Legislative system and processes to ensure
that the system is effectively and efficiently implemented

ARTICLE IX REMEDIAL MEASURES AND PENAL PROVISIONS

Section 40 – PENALTIES

The penalty for any violation of this Code, which is not penalized elsewhere in
other section of this Code or in a National Law, shall be: Imprisonment of 3 to
6 months and or a fine ranging from 500 to 1,000.

1st time offenders – in case where the offender is the parent or


teacher of the child or relative within the 4 th degree of
consanguinity of the offender admits the offense and is sincere
and willing to reform, the penalty may be waived subject to the
consent of the child and the following measures imposed instead.

a) Attendance in a parenting seminar


b) Community service from 5 to 10 days
c) Counseling sessions
d) Family therapy
e) Participation in appropriate training courses

For offense punishable under RA 7160, RA 7658 and other


National Laws as well as this code, the offended party/ and or any
party so authorized shall file a complaint under the national Law
and the penalty in such national law shall be imposed.

Failure to comply with pertinent provisions of this Code by the


concerned local chief executive, members of legislative bodies
and/or head of offices or bodies shall constitute dereliction of

CHILDREN’S CODE | 21
duty subject to penalties prescribed under the local Government
code and other pertinent laws.

Section 41– SEPARABILITY CLAUSE

If, for any reason or reasons, any part or provisions of this code shall be
held to be unconstitutional or invalid, other parts or provisions hereof which
are not affected thereby shall continue to be in full force and effect.

Section 41 – APPLICABILITY CLAUSE

This code shall apply to all the people within the territorial jurisdiction of the
Municipality of Sultan Dumalondong, Lanao del Sur and to all persons who
may be subject to the provision of this code.

Section 42 – REPEALING CLAUSE

All ordinances, resolutions, executive orders and other issuances which are
inconsistent with any of the provision of this code are hereby repealed or
modified accordingly.

Section 43 – EFFECTIVITY CLAUSE

This code shall take effect 15 days following the completion of its full
publication in at least (2) local newspaper of general circulation within the
jurisdiction of the LGU and after posting in at least 3 conspicuous places in
Sultan Dumalondong Lanao del Sur.

ENACTED: This 3st day of JUNE Y, 2019 at the Municipal Hall, Sultan Dumalondong, Lanao
del Sur.

AUTHOR: SAADIA A. GALO


Chairman-SB Committee on Women and Family

I hereby certify that this is a true and accurate copy of the Ordinance enacted by the
Sangguniang Bayan of Sultan Dumalondong, Lanao del Sur on JUNE 03, 2019.

OMAR A. MAMARINTA
Secretary to the Sangguniang Bayan

Attested:

HON. ASNAWI T. LAMPACO


Vice Mayor-Presiding Officer

Approved:

HON. JAMEL B. KURANGKING


Municipal Mayor

CHILDREN’S CODE | 22
Date: 01-07-19

CHILDREN’S CODE | 23

Common questions

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Development rights focus on a child's right to education, personality development, and participation in cultural and recreational activities, promoting holistic growth. In contrast, protection rights shield children from abuses such as violence, exploitation, and discrimination, ensuring safety and dignity .

Local government units are required to allocate funding for children’s programs based on recommendations from councils like the MCPC. They must integrate child rights into legislative processes, providing institutional support by establishing dedicated bodies for child welfare advocacy and ensuring the implementation of child protection measures .

Mass media can protect children's rights by responsibly using its influence to promote positive messages and protect children's privacy. It should raise awareness on drug prevention and child delinquency, ensuring accurate and confidential reporting on issues involving children, which aids in safeguarding their wellbeing .

Participation rights allow children to express opinions on matters affecting them, fostering decision-making skills and active involvement in social processes. These rights empower children, promoting self-esteem and responsibility, ultimately facilitating their holistic development and integration into society as informed citizens .

Children are encouraged to live virtuous lives, respect family and societal norms, and strive for education to become assets to society. These responsibilities foster familial harmony and societal cohesion, instilling values that contribute to a supportive community and responsible citizenship .

Educational institutions are tasked with collaborating with parents and community organizations to provide protection and a conducive learning environment. They must ensure children have access to necessary facilities, safe environments, and programs that prevent abuse and promote welfare. Schools also play a critical role in implementing child protection policies and encouraging community involvement in juvenile delinquency prevention .

NGOs complement governmental efforts by advocating for children’s rights, facilitating community mobilization, and supporting programs for protection, rehabilitation, and reintegration. They enhance government outreach capacity, providing specialized care and flexible responses to children’s needs across various societal contexts .

Survival rights for children include the right to life, a name, nationality, and adequate living standards, which ensure a child's most basic existence. These rights affirm that a child must have access to basic needs such as health care, nutrition, shelter, and family life, which supports their overall survival and development .

The MCPC formulates and oversees the implementation of child welfare policies, coordinates with various agencies for program planning, and maintains databases for monitoring child welfare. It ensures playgrounds and facilities for child development are available, advocates for media content regulation, and supports legislative initiatives on child protection, fostering an environment conducive to their growth and safety .

Indigenous children often face extreme poverty, lack of access to basic services, and cultural isolation, hindering their ability to exercise rights effectively. Protective measures include ensuring access to education, health care, and culturally relevant resources that respect and integrate their heritage, promoting equality and development .

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