IMPLEMENTING RULES AND REGULATIONS OF CITY

ORDINANCE NO. 0702 SERIES OF 2017 OTHERWISE KNOWN AS

NEW CURFEW HOURS FOR CHILDREN IN THE CITY OF
CALOOCAN

Section 1. Title Theserules shall be known and cited as The Implementing Rules
and Regulation of Ordinance No. 0702 Series of 2017 otherwise known
as the New Curfew Hours for Children in the City of Caloocan.

Section 2. Policy It is the policy of the City of Caloocan to protect the children from
neglect, exploitation, abuse, cruelty and other conditions that are
prejudicial and detrimental to their well-being and normal development.
These Rules are promulgated primarily to protect the children who are at
a high risk of exploitation and abuse.

Section 3. Definition of Terms Whenever used in these Rules the following shall refer
to:

(a) Barangay Council for the Protection of Children (BCPC)

(b) Child
(c) Child at Risk
(d) Child in Conflict with the Law
(e) Court Refers to a Family Court (Regional Trial Court) where any
violations of this Rules and the Ordinance may be filed, prosecuted,
tried and adjudged.
(f) Curfew Hours for Children
(g) Intervention
(h) Juvenile Status Offenses
(i) Law Enforcement Officer refers to the Mayor, Vice-Mayor, Members
of the SangguniangPanlungsod, Barangay Chairman, Members of the
SangguniangPambarangay, Barangay Tanods and Members of the
Philippine National Police and other Law Enforcers
(j) Parents
(k) Guardians
(l) Public Places
(m) Residence
(n) Status Offense

Section 4. Non-Imposition of Penalty to Children Children who have violated the

Ordinance and are rescued shall not be arrested, imprisoned nor should a
penalty be imposed upon them. The child subject of this rules and the
ordinance is considered a Child At Risk and not Child in Conflict with
the Law.

Section 5. Prohibited Acts

(a) It shall be prohibited for children whether resident of Caloocan City or

not towander, stroll, play, or to remain or stay in public places within
 the territorial jurisdiction of this City without any legal or justifiable
reasonduring the time of 10:00 oclock in the evening until 5:00 oclock
in the morning the next day;

(b) It shall be unlawful for parents or guardians in the absence of

parent/s, to knowingly permit or allow their minor children to remain
in the public places within the curfew hours;

Section 6. Procedures for Taking the Child into Custody

(a) Explain clearly in a language known and understood by the child

why he/she is being rescued by the law enforcers;

(b) The law enforcer/s should property identify himself by presenting

his ID and by wearing his proper uniform;

(c) Law enforcer should not use profane or vulgar language, and
should not sexually abuse them or make any sexual advances unto
them;

(d) Law enforcer should avoid using unnecessary force as the child is
not being arrested but only rescued. Child should not be subjected
to unnecessary restraint than what is being required under the
circumstances. Firearms or weapons, handcuffs or any other
devices use for restraint should not be displayed in the plain eye
view of the child;

(e) Determine the age of the child through the following:

1) Birth certificate, Identification Cards or any other documents

showing his/her true and accurate age; or

2) Through the statements of her parents, guardians, family

members, relatives or friends; or

3) Through his physical qualities and other physical attributes

which would convince the law enforcers that he is a child 17
years old or below;

4) In case all of the above are exhausted but still the age could not
be determined with certainty, all doubts should be resolve in
favor of his minority;

(f) Bring the child to the holding center of the Barangay Hall for
proper recording and immediately inform the parents/guardian of
the child that was rescued by the law enforcers;
 (g) When the parents/guardian fetch the child at the holding center of
the Barangay, the child must be released immediately to them after
proper recording has been made;

(h) If the parents/guardian of the child could not be determined and

no one fetches him/her, the child must remain at the holding center
of the Barangay until the morning and must be released to the
parents/guardian of the child on the same day;

(i) If parents/guardians of the child are unknown or could not be

located, the child must be turn-over to the City Social Welfare and
Development Office for their appropriate action;

(j) If the rescued child is a resident of a different Barangay within the

City, it shall be the duty of the Barangay Chairman to communicate
with the Barangay Chairman where the child is a resident so that
proper turn over could be made to them. Thereafter, it shall be the
duty of the receiving Barangay to coordinate with the
parents/guardian of the child and released the child to them;

(k) If the child is a resident of a City other than Caloocan, the child
shall be turned-over to the City Social Welfare and Development
Office the morning after the child was rescued. It shall be the duty
of the City Social Welfare and Development Office to release the
child to his parents/guardian;

(l) The Barangay Officials should prepare a separate logbook for the
proper recording of the children rescued during the curfew hours;

(m) The Barangay should make measures to ensure that female

children should be rescued and assisted by female law enforcers
and male children by male law enforcers;

Section 7. Holding Area for Rescued Children The BCPC shall establish a holding
facility where the rescued child shall remain until he is fetch by his
parents or guardian.

Section 8. Centralized Holding Center for Rescued Children The City Social Welfare
and Development Office shall established a Curfew Center which serves
as a central holding center for children rescued under this law. All
children who are rescued by the law enforcers whose parents /guardian
could not be determined with reasonable certainty shall be brought to the
Curfew Center. It shall be the duty of the City Social Welfare
Development Office to ensure that the rescued child be endorsed to his
parents/guardian;

Section 9. Preparation and Filing of Complaint before the Metropolitan Trial Court -
The moment the parent/guardian of the child arrives at the holding center
to claim the rescued child, the barangay should get the necessary
information of the parents/guardian for purposes of filing the necessary
case. The Barangay officials shall then endorsed the matter to the nearest
 police precinct for the proper recording, investigation and filing of the
appropriate case for violation of the curfew ordinance against the
parents/guardian.

Section 9.Separability Clause If any of provision of these Rules or any part thereof be
declared invalid or unconstitutional, the remaining provisions not affected
thereby shall continue in full force and effect.

Section 10.Repealing Clause- All ordinances, resolutions and Executive Orders not
consistent with the provisions and purpose of these Rules are hereby
repealed, amended or modified accordingly.

Section 10. Effectivity This Rules shall take effect upon the approval of the City
Mayor.