Professional Documents
Culture Documents
Present: City Vice Mayor (Presiding Officer) Regular Members
Present: City Vice Mayor (Presiding Officer) Regular Members
Present: City Vice Mayor (Presiding Officer) Regular Members
Present:
Regular Members:
Hon. Alfredo J. Carmelo - City Councilor
Hon. Aaron E. Castillo - -do-
Hon. Romeo F. Cacayan - -do-
Hon. Edmund R. Estrella - -do-
Hon. Edgar B. Corvera - -do-
Hon. David K. Salazar, Sr. - -do-
Hon. Victor B. Alvar, Jr. - -do-
Hon. Geoffrey G. Cagakit - -do-
Hon. Mario S. Alvizo - -do-
Hon. Soriano R. Casas - -do-
Ex-Officio Members:
Hon. Rolando E. Millan, RME - ABC President
Hon. Florio S. Josafat, Jr. - IP Representative
Hon. John Paul V. De Jesus - SK Representative
WHEREAS, consistent with state policy, the City envisions the children of Bislig
to be happy, loved, and God – centered, with sound mind and healthy body, living in a
child – responsive environment, actively participating in nation building, empowered
and intellectually at par to be globally competitive;
Page 2 of 26
SP Ordinance No. 2021-35 “The Comprehensive Children’s Welfare Code of Bislig City, amending
for the purpose, SP Ordinance No. 2008-06, entitled, ‘An Ordinance enacting the Bislig City Child
and Youth Welfare Code’”
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WHEREAS, the City also recognizes the vulnerability of children and the need
for measures to protect their rights and ensure the full development of their potentials;
thus, this code;
ARTICLE I
POLICY AND APPLICATION
The City also recognizes that the children have rights as provided in the United
Nation Convention on the Rights of Child and Other Laws.
ARTICLE II
RULES OF CONSTRUCTION/DEFINITION OF TERMS
a) CHILD/MINOR – shall refer to any person below eighteen (18) years of age
or those over eighteen (18) years of age but are unable to fully take care
of themselves or protect themselves from abuse, neglect, cruelty, exploitation
or distribution or discrimination because of a physical or mental disability
or condition.
b) CHILD ABUSE - refers to the maltreatment, whether habitual or not, of the child
which includes any of the following:
Page 3 of 26
SP Ordinance No. 2021-35 “The Comprehensive Children’s Welfare Code of Bislig City, amending
for the purpose, SP Ordinance No. 2008-06, entitled, ‘An Ordinance enacting the Bislig City Child
and Youth Welfare Code’”
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Page 4 of 26
SP Ordinance No. 2021-35 “The Comprehensive Children’s Welfare Code of Bislig City, amending
for the purpose, SP Ordinance No. 2008-06, entitled, ‘An Ordinance enacting the Bislig City Child
and Youth Welfare Code’”
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n) WORKING CHILD – as provided by Republic Act No. 9231, it refers to any child
engaged as follows:
When the child is below fifteen (15) years of age, (i) in work where he/she
is directly under the responsibility of his/her parents or legal guardian and
where only members of the child’s family are employed; or (ii) in public
entertainment or information.
q) PROTECTION RIGHTS – cover those which guard children against all forms
of child abuse, exploitation and discrimination, in the major areas where a child
is considered in an extremely difficult circumstances.
Page 5 of 26
SP Ordinance No. 2021-35 “The Comprehensive Children’s Welfare Code of Bislig City, amending
for the purpose, SP Ordinance No. 2008-06, entitled, ‘An Ordinance enacting the Bislig City Child
and Youth Welfare Code’”
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Those below eighteen (18) years old who are found loitering within
the streets of Bislig City without any purpose or visible means of support;
v) COMMITMENT – is the legal act of entrusting a child to the care of the Social
Services Development (City of Social Welfare and Development Office?) or any
duly licensed/accredited similar child placement agency or individual.
(BELOW SHOULD BE: a.a, b.b, c.c, d.d, and so on and so forth)
ARTICLE III
GOVERNING LAWS
SECTION 5. This Code hereby adopts all relevant and enforceable national
laws, rules, and other regulations, and local ordinances governing children, such as but
not limited to:
ARTICLE IV
PROTECTION RIGHTS OF CHILDREN
The City Government shall protect the child from all forms of abuses and
discrimination such as protection from cruelty, torture, arbitrary, separation from family,
abuse in the justice and penal system, involvement in armed conflict, child labor, drug
abuse, sexual abuse and exploitation.
Page 7 of 26
SP Ordinance No. 2021-35 “The Comprehensive Children’s Welfare Code of Bislig City, amending
for the purpose, SP Ordinance No. 2008-06, entitled, ‘An Ordinance enacting the Bislig City Child
and Youth Welfare Code’”
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Night clubs, massage parlors and other establishments intended wholly for adults
shall be required to post restrictive notices and information such as “children below 18
years old are not allowed” to serve as deterrent to committing child trafficking,
prostitution and other sexual abuse.
SECTION 10. CHILD TRAFFICKING. Any person who shall engage in child
trafficking as defined in this ordinance shall suffer the penalty as prescribed in Article IV
of Republic Act No. 7610.
The arresting authorities are mandated by this Ordinance to file a case on child
trafficking against the apprehended individual/s. The participation of the Department of
Labor and Employment (DOLE), Philippine Ports Authority (PPA), Land Transportation
Office (LTO), Maritime Industry Auhtority (MARINA) and the Land Transportation
Franchising and Regulatory Board (LTFRB) as well as the Anti-Trafficking Ordinance of
the City is enjoined.
When a minor below 18 years of age travels alone to and from Bislig City
using public and private transportation without valid reason therefore and
without clearance issued by the CSWD-Child and Youth Welfare Section
or written permit or justification from the parents or legal guardians;
When a pregnant mother, father or guardian executes an affidavit of
consent for adoption for a consideration; or consent, participates or in
any manner cause the registration of birth of such child in the name
of another with or without consideration;
When a person, agency, establishment or child-caring institution recruits
a woman or couples to bear children for the purpose of child trafficking;
Page 9 of 26
SP Ordinance No. 2021-35 “The Comprehensive Children’s Welfare Code of Bislig City, amending
for the purpose, SP Ordinance No. 2008-06, entitled, ‘An Ordinance enacting the Bislig City Child
and Youth Welfare Code’”
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Penalties prescribed under this Ordinance shall be imposed upon the principles
of the attempt to commit child trafficking without prejudice to the prosecution of the
same acts under our existing national laws. In addition, a one-month community service
shall be imposed for the commission and omission of acts under Section 3.
For purposes of this Ordinance, the penalty for the commission of such act as
prescribed in Presidential Decree 1619 and in local ordinances shall be imposed. The
filing of cases against establishments violating this provision must be closely enforced
and monitored. The victim of the act committed under this section shall be entrusted to
the care of appropriate agencies in coordination with the City Social Welfare and
Development Office.
Monitoring of the same shall be ensured at the Barangay Level through the
Barangay Council for the Protection of Children.
All minors, particularly school children, are totally restricted to play in billiard halls
or the above-mentioned devices found in amusement centers, malls and similar
establishments located in Bislig City during school hours from Mondays to Fridays.
Operators and owners are enjoined to strictly implement this prohibition.
The WCPD must function purely as such, exclusively as WCPD. Police Stations
shall build a separate reception-cum-interview center for the Women and Children
Protection Desk (WCPD) to ensure a child-friendly atmosphere in handling cases
involving children. All police stations shall promote child-friendly units.
The WCPD personnel shall be on call for 24 hours and shall be assisted by a
social worker at the cluster level provided that it is in the area of jurisdiction. In rescue
operations, the personnel must respond with the presence of a social worker in the
rescue of children.
There must be at least one (1) female police officer in every WCPD.
There shall be a child-friendly room within the Women and Children’s Protection
Desk as venue for interview of victims of heinous crimes under 18 years of age.
All police officers shall take up the training, especially those who are to be
assigned in the WCPD. The Barangay Police, BCPC, auxiliary units, and volunteer
organizations shall also be required to attend the special training in as much as they are
front liners.
Children shall not be the object of any attack and shall be entitled to
special respect. They shall be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading treatment. Places that
generally have significant presence of children including, but not limited to,
schools, hospital and places of worship shall also be protected from
attacks or threats of attacks;
Children shall not be allowed to take part in hostilities. They shall not be
recruited to become members of the Armed Forces of the Philippines or its
civilian units or other armed groups, nor be allowed to take part in the
fighting, or used as guides, or couriers, or spies, cooks or medic;
Delivery of basic social services such as education, primary health and
emergency relief shall be kept unhampered;
The safety and protection of those who provide services including those
involved in fact-finding missions from both government and non-
government institutions shall be ensured. They shall not be subjected to
undue harassment in the performance of their work;
Public infrastructure such as schools, hospitals and rural health units shall
not be utilized for military purpose such as command posts, barracks,
detachments, and supply depots; and
All appropriate steps shall be taken to facilitate the reunion of families
temporarily separated due to armed conflict;
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SP Ordinance No. 2021-35 “The Comprehensive Children’s Welfare Code of Bislig City, amending
for the purpose, SP Ordinance No. 2008-06, entitled, ‘An Ordinance enacting the Bislig City Child
and Youth Welfare Code’”
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a) Parents;
b) Judicially appointed Guardian;
c) The surviving grandparent;
d) The oldest brother or sister, over twenty-one (21) years of age, unless
unfit or disqualified;
e) The child’s actual custodial, over twenty-one (21) years of age, unless
unfit or disqualified; and
f) The Government.
The PNP-WCPD shall initiate rescue of children recovered to take into custody
by any armed element related to armed conflict. Together with the CSWD office
of Bislig, it should monitor and ensure the implementation of Handling and Treatment
of Children Involved in the Armed Conflict.
Page 13 of 26
SP Ordinance No. 2021-35 “The Comprehensive Children’s Welfare Code of Bislig City, amending
for the purpose, SP Ordinance No. 2008-06, entitled, ‘An Ordinance enacting the Bislig City Child
and Youth Welfare Code’”
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It is the duty of the Barangay Council for the Protection of Children (BCPC) to
push for the information drive of this specific provision in the Barangay.
The BCPC, CSWDO, and other accredited NGOs are mandated to provide
shelter for street children.
In cases of natural disasters and calamities, the Local Government of Bislig City
with the proper written documentation to the DepEd and DILG shall provide evacuation
centers pursuant to Section 5 of Republic Act No. 10821.
Thus, in accordance with Republic Act No. 9344, all records and proceedings
involving Children in Conflict with the Law (CICL) from initial contact until final
disposition of the case shall be considered privileged and confidential. The public shall
be excluded during the proceedings and the records shall not be disclosed directly or
indirectly to anyone by any of the parties or the participants in the proceedings for any
purpose whatsoever, except to determine if the Child in Conflict with the Law (CICL)
may have his/her sentence suspended or if he/she may be granted probation under
Probation Law, or to enforce the civil liability imposed in the criminal action.
The all publicity, the best interest of the child should be the primordial and
paramount concern. Any member of the mass media who shall display, air, broadcast or
print violence and exploitation of children shall be held liable in this code. Children must
also be protected against child pornography and bullying.
ARTICLE IV
DEVELOPMENT RIGHTS OF CHILDREN
Unstructured combined with structured learning exercises for children under the
early childhood education shall be instituted in the child center or day care centers
respecting the participation right of the child.
The Local Government Unit of Bislig City in cooperation with the Department
of Education and ECCD Committee shall also ensure to the maximum extent possible
the survival of the child from 0-8 years old. The program on survival shall also include
the following:
Parent education refers to the various formal and alternative means of providing
parents with information, skills, and support systems to assist them in their roles as their
children’s primary caregivers and educators. These include public and private parent
education programs linked to center, home and media-based child care and education
programs.
To further ensure the 100% birth registration, the City Government through
the City Civil Registrar’s Office shall:
ARTICLE V
SURVIVAL RIGHTS
All children regardless of their gender identity and expression, sexual orientation,
ethnicity, religion, economic status, academic status, educational attainment, and body
structure shall not be discriminated and their Rights and Welfare shall be promoted and
respected.
ARTICLE VI
PARTICIPATION RIGHTS OF CHILDREN
The Children’s Congress shall provide venue for children to express their views
relevant to the policies of the Local Government of Bislig City. Detailed implementing
rules and guidelines in the conduct of the Children’s Congress shall be formulated by
the Local Council for the Protection of Children (LCPC).
It shall have its own Constitution and By-laws and shall serve as
primary venues for school-based children to uphold their general welfare
and aspirations. It shall be established through a democratic process such
as elections. It shall plan and determine programs and activities geared
towards their holistic development provided that such are made
in accordance to the mission statement and policies of the school .
E. Role of Moderators/Advisers:
ARTICLE VII
INSTITUTIONAL MECHANISMS
a) 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;
b) Prepare Annual Work and Financial Plan (AWFP) for children and
recommend appropriations to the Sanggunian;
c) Provide coordinative linkages with other agencies and institutions;
d) Provide technical assistance and recommend financial support to the
Barangay Council for the Protection of Children (BCPC);
e) Establish and maintain database on children in the city;
f) Foster education of every child;
g) Advocate for the establishment and maintenance of playgrounds, day
care centers and other facilities necessary for child and youth
development;
h) Recommend local legislation promoting child survival, protection,
participation and development, especially on the quality television
shows, media prints and coverage, which are not detrimental to
children, and with appropriate funding support;
i) Assist children in need of special protection and refer cases filed
against child abusers to proper agencies/institutions;
j) Conduct capability building programs to enhance knowledge and skills
in handling children’s program;
k) Document barangay best practices on children;
l) Monitor and evaluate the implementation of the program and submit
quarterly status reports to the Regional Committee for Welfare of
Children (RCWC); and
m) Perform such other functions as provided for in the ECCD and other
child related laws.
The membership of the Local Council for the Protection of Children is hereby
reconstituted as follows:
The Council may add members from time to time as deemed necessary.
Members :
The BCPC shall have periodic assessment and report regarding situation
of children in their respective barangay.
ARTICLE IX
PENAL PROVISIONS
ARTICLE X
FINAL PROVISIONS
SECTION 48. SEPARABILITY CLAUSE. If, for any reasons, any part
or provision of this Ordinance shall be declared unconstitutional or invalid, other parts
of provisions not affected thereby shall continue to be in full force and effect.
SECTION 50. EFFECTIVITY. This Ordinance shall take effect after publication
in a newspaper of general circulation in Bislig City.
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SP Ordinance No. 2021-35 “The Comprehensive Children’s Welfare Code of Bislig City, amending
for the purpose, SP Ordinance No. 2008-06, entitled, ‘An Ordinance enacting the Bislig City Child
and Youth Welfare Code’”
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*****
I hereby certify the correctness of the foregoing Ordinance.
JONAS A. CACAYAN
City Vice Mayor
(Presiding Officer)
APPROVED:
FLORENCIO C. GARAY
City Mayor
Date of Approval:_______________