AN ORDINANCE PROVIDING FOR A COMPREHENSIVE CODE FOR THE

WELFARE OF CHILDREN AMENDING MUNICPAL ORDINANCE NO. 2014-75

SERIES OF 2014 AND FOR OTHER PURPOSES

(Sponsored by: AVM Angela Lenin E. Paycana, SBM Phlonel Aisa C. Gutierrez, SBM Alfredo
L. Abueg III, SBM Bongbong A. Sevilla, SBM Renante L. Tuatis, SBM Michael Joseph I.
Virata, SBM/ABC Pres. Roderick O. Paycana)

ARTICLE 1. TITLE, DECLARATION OF PRINCIPLES AND DEFINITION OF

TERMS

Section 1. Short Title

This ordinance shall be known as “The Children's Code of General Mariano Alvarez”

Section 2. Declaration of Principles and Policies.

The Municipality of General Mariano Alvarez being globally competitive recognizes and adopts
the following:

a. Article 2 Section 13, the 1987 Constitution.

The vital role of the children in society. The State shall promote and protect their physical,
moral, spiritual, intellectual and social well-being. It shall inculcate patriotism and nationalism;
encourage the child’s involvement in public and civil affairs;

b. United Nations Convention on the Rights of the Child.

1. The child has the right to survival, development, protection and participation in accordance
with the United Nation’s Convention on the Rights of the Child. These rights are
interdependent, indivisible and should be respected and promoted so that the child can enjoy
a full life;

2. The child is a fully functioning human being capable of participating in proceedings

affecting them, within their evolving capacities,

3. The rights shall apply to children without discrimination, irrespective of the child’s or his
or her parent’s or legal guardian’s nationality, identity, race, color, sex, gender, language,

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 religion, political or other opinions, ethnic or social origin, property, disability, paternity,
filiation, birth or other status;

c. UN Declaration of the Rights of the Child.

1. The best interest of the child shall be the paramount consideration in all matters affecting
them. All doubts in the interpretation of the provisions of this Code, including its
implementing rules and regulations, shall be resolved in the best interest of the child;

2. The child is different from the adult and they have different capacities and needs. The
child is largely influenced and molded by social experiences and natural environment
encountered in the critical stage of human development; and

d. Article 1. Section 2 (a), RA 10361.

The State strongly affirms labor as a primary social force and is committed to respect, promote, protect
and realize the fundamental principles and rights at work including, but not limited to, abolition of child
labor, elimination of all forms of forced labor, discrimination in employment and occupation, and trafficking
in persons, especially women and children.

e. Article XV Section 3 (2), 1987 Philippine Constitution.

The State shall defend the rights of children to assistance, including proper care and nutrition,
and special protection from all forms of neglect, abuse, cruelty, exploitation, and discrimination
and other conditions prejudicial to their development.

f. Section 2. RA 10821.
It is hereby declared the policy of the State to protect the fundamental rights of children before, during,
and after disasters and other emergency situations when children are gravely threatened or
endangered by circumstances that affect their survival and normal development.

Section 3. Definition of Terms

For purposes of this Code, the following terms shall be understood to mean:
Child any person below the age of 18 years old or any person
18 and above deemed by a licensed physician or
psychiatrist as not capable of taking care of himself or
herself as an adult.

Child Abuse refers to the abuse or maltreatment of the child, whether

habitual or not, which includes:
1. Psychological, physical and sexual abuse, neglect,
cruelty and emotional maltreatment;
2. Any act, in word or in deed, which debases, degrades

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 or demeans the intrinsic worth and dignity of a child as
human being;
3. Unreasonable deprivation of his or her basic needs of
survival such as food, clothing and shelter; or
4. Failure to immediately give medical treatment to an
injured child resulting in serious impairment on his or
her growth and development, permanent incapacity or
death.

Child labor any work performed by a child that subjects a child to

economic exploitation, or that is likely to be hazardous
for the child or that interferes with the child’s education,
or that is harmful to the child’s health or physical,
mental, spiritual, emotional, moral, or social
development.

Child in Conflict with the is a child alleged as, accused of, or recognized as
Law (CICL) having committed an act or omission defined and
punished as a crime or offense under the laws, including
violation of traffic laws, rules and regulations and
ordinances of local government units.

Child in Need of Special a child who, for shorter or longer periods in his or her
Protection (CNSP) life, is exposed to intense, multiple risks to his or her
physical and mental health.

Child Trafficking refers to the recruitment, transportation, transfer or

harbor or receipts of children with or without the
victim’s consent or knowledge, within or across national
borders by means of threat or use of force, or other
forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the
vulnerability of the person, or the giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person for the purpose of
exploitation which included at a minimum, the
exploitation or the prostitution or other forms of sexual
exploitation, forced labor or services, slavery, servitude
or the removal or sale of organs.
Commercial Sexual engaging in any act of child prostitution, pornography or
Exploitation of a Child trafficking of children for sexual purposes.
Council refers to the Municipal Council for the Protection of
Children which shall lead and coordinate the
formulation, implementation and enforcement of all
policies, programs and projects relative to the rights of
the children.
United Nation’s Convention the United Nation Convention on the Rights of the
on the Rights of the Child Child, the first universal legally binding code on child’s
(UNCRC) rights in history declared and adopted by the United
Nations General Assembly on November 20, 1989, and
ratified on July 26, 1990 by the Philippine Government.
Development Rights pertain to the access of the child to educational
opportunities, relevant information, play, leisure,
cultural activities and the right to freedom of thought,
conscience and religion.

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Domestic worker or refers to any person engaged in domestic work within an
"Kasambahay" employment relationship such as, but not limited to, the
following: general househelp, nursemaid or "yaya",
cook, gardener, or laundry person, but shall exclude any
person who performs domestic work only occasionally
or sporadically and not on an occupational basis.
The term shall not include children who are under foster
family arrangement, and are provided access to
education and given an allowance incidental to
education, i.e. "baon", transportation, school projects
and school activities.

Working children as used under this Act, refers to domestic workers who
are fifteen (15) years old and above but below eighteen
(18) years old.

Differently-abled Children children with physical and mental disability/challenge.

Diversion refers to alternative child-appropriate processes of
determining a child’s responsibility for an alleged
offense as well as in determining the measures, if any, to
be undertaken by the child and other persons without
resorting to formal court litigation.

Diversion Program refers to a program that the child is required to undergo

after he or she is found to be responsible for an offense
without resorting to formal court litigation.

Substance Dependent person who is addicted to prohibited and regulated

drugs.
Guardian a person defined as guardian by The Family Code of the
Philippines, live-in partner of the natural or adoptive
mother or father of a child or any other exercising
substitute parental authority

Mendicant refers to any person who has no visible and legal means
of support, or lawful employment and who is physically
able to work but neglects to apply himself or herself to
some lawful work and instead uses begging as a means
of living.

Municipality (Local
the Local Government of General Mariano Alvarez.
Government)

Parents refer to natural or adoptive mother or father of a child.

Participation Rights are those rights the child asserts as described in the 1989
UNCRC which says that the children have the freedom
to express themselves on matters affecting their lives.

Corporal Punishment Consists of punishment or penalty for an offense or

imagined offense, and/or acts carried out for the purpose
of discipline, training or control. Inflicted by an adult (or
adults) – or by another child who has been
given/assumed authority or responsibility for
punishment or discipline.

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Physical Abuse of a Child any act of violence that results in injury or death of a
child such as, but not limited to beating, mutilation,
wounding.

Pornography refers to any representation, through publication,

exhibition, cinematography, indecent shows,
information technology, or by whatever means, of a
person engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of a
person primarily for sexual purposes.

Protection Rights are those rights of children to be protected against all

forms of child abuse, exploitation and discrimination in
situations where the children are considered in
extremely difficult circumstances.

Psychological Abuse refers to emotional abuse, a form of abuse characterized

by a person subjecting or exposing another to behavior
that is psychologically harmful. It involves the willful
infliction of mental or emotional anguish by threat,
humiliation, or other verbal and non-verbal conduct. It is
often associated with situations of power imbalance.

Sexual Abuse of a Child any contact or interaction between a child and an older
or more knowledgeable child or adult where the child is
used as an object for the older child or adult’s sexual
needs, such as but not limited to rape, acts of
lasciviousness and sexual harassment.

Survival Rights the rights of the children to demand from the state, their
parents, or legal guardians for adequate living standard,
access to basic health services and social security.
Trafficking in Persons refers to the recruitment, obtaining, hiring, providing,
offering, transportation, transfer, maintaining, harboring,
or receipt of persons with or without the victim’s
consent or knowledge, within or across national borders
by means of threat, or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or
benefits to achieve the consent of a person having
control over another person for the purpose of
exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms
of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.

Child with Special Needs refers to a child with a developmental or physical

disability as defined in Republic Act No. 10165 or the
Foster Care Act of 2012;

Child-Friendly Spaces refer to spaces where communities create nurturing

environments for children to engage in free and
structured play, recreation, leisure and learning
activities. The child-friendly space may provide health,
nutrition, and psychosocial support, and other services
or activities which will restore their normal functioning;

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Civil Registry Documents
Orphans or Orphaned
Children
Separated Children
Unaccompanied Children
Bail
Best Interest of the Child
Child at Risk
Juvenile Justice and Welfare
System
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refer to all certificates, application forms, and certified
true copies of legal instruments and court decrees
concerning the acts and events affecting the civil status
of persons which are presented before the Civil
Registrar and are recorded in the Civil Registry;
refer to children who do not have a family and relatives
who can assume responsibility for their care;
refer to children separated from both parents, or from
their previous legal or usual primary caregiver, but not
necessarily from other relatives. As a result, this may
include children accompanied by other family members;
refer to children who have been separated from both
parents and other relatives, and who are not being cared
for by an adult who, by law or custom, is responsible for
doing so
refers to the security given for the release of the person
in custody of the law, furnished by him/her or a
bondsman, to guarantee his/her appearance before any
court. Bail may be given in the form of corporate
security, property bond, cash deposit, or recognizance.
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.
refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal,
family and social circumstances, such as, but not limited
to, the following:
(1) being abused by any person through sexual,
physical, psychological, mental, economic or any other
means and the parents or guardian refuse, are unwilling,
or unable to provide 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;
(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.
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.
 Restorative Justice refers to a principle which requires a process of
resolving conflicts with the maximum involvement of
the victim, the offender and the community. It seeks to
obtain reparation for the victim; reconciliation of the
offender, the offended and the community; and
reassurance to the offender that he/she can be
reintegrated into society. It also enhances public safety
by activating the offender, the victim and the
community in prevention strategies.

Youth Detention Home refers to a 24-hour child-caring institution managed by

accredited local government units (LGUs) and licensed
and/or accredited nongovernment organizations (NGOs)
providing short-term residential care for children in
conflict with the law who are awaiting court disposition
of their cases or transfer to other agencies or
jurisdiction.
Youth Rehabilitation Center refers to a 24-hour residential care facility managed by
the Department of Social Welfare and Development
(DSWD), LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides care,
treatment and rehabilitation services for children in
conflict with the law. Rehabilitation services are
provided under the guidance of a trained staff where
residents are cared for under a structured therapeutic
environment with the end view of reintegrating them
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

Junk Food food that has low nutritional value, typically produced in
the form of packaged snacks needing little or no
preparation.
Preventable diseases
Refers to diseases which are preventable by means of
immunization

ARTICLE 2 – SURVIVAL RIGHTS OF CHILDREN

Section 1.     Right to Life.- Every child has the inherent right to life. The Municipality of Gen.
M. Alvarez shall ensure the maximum extent possible for the survival of the child.

Section 2. Right to adequate standard of living. – Every child has the right to a standard of
living adequate for the child’s physical, mental, spiritual, moral and social development.

The Local Government shall establish and implement a comprehensive and strategic program of
action to provide the children and pregnant and lactating mothers affected by disasters and other
emergency situations with utmost support and assistance necessary for their immediate recovery

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and protection against all forms of violence, cruelty, discrimination, neglect, abuse, exploitation
and other acts prejudicial to their interest, survival, development and well-being

Section 3.     Right to Parental Care and Support. – Every child has the right to live with and
be cared for and supported by his/her parents with love, care, understanding and security towards
the full and harmonious development of his/her personality and stable family capable of
providing for his or her basic needs.. If such support is absent and incompatible with the child’s
best interest, adoption by a relative or unrelated person shall be considered.

Section 4.     Right to Health. – The child has the right to the highest standard of health and
attainable medical care.
4.1 The Municipality shall ensure that no child is deprived of his or her right to proper
health care services and pursue full implementation of this right. It shall ensure a broad range of
action for health knowledge, health promotion and effective health services through the
Municipal Health Office.

4.2 The Municipal Government of General Mariano Alvarez shall establish data banking
mechanism to monitor and analyze health situation of children.

Section 5. Dental Health Program for Children. – The Municipal Government through the
Municipal Health Office shall ensure that Ensure that all school children from day care to public
elementary schools shall undergo medical and dental examinations, free of charge conducted by
the Physician or Dentist of the Municipal Health Office. Private schools shall also be required to
provide medical and dental examinations to their children.

Section 6. Anti – TB Program for Children. – The Municipal Government through the Office
of the Municipal Health Office shall ensure that all children are free from Tuberculosis.

Section 7. Anti- Smoking Law. – The Municipal Government of General Mariano Alvarez shall
ensure strict implementation of the Anti-Smoking Law to protect the children from smoking
related diseases.

Section 8. Prohibiting Canteens and Ambulant Vendors of Junk Food in School Vicinities
for Nutrition Purposes and Establishing Monitoring and Regulating System.

8.1 The Municipal Government through the Licensing Office shall ensure the conduct of
regular monitoring and strict prohibition of vendors selling junk food in order to protect the
school children from unsafe food. In furtherance of this mandate, all vendors within the vicinity

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of all school campuses within the municipality shall be subjected to safety and sanitation
standards.
8.2 The Municipality shall strengthen the Municipal Nutrition Council to ensure the
programs and services on nutrition shall be given priority

ARTICLE 3. DEVELOPMENT RIGHTS OF CHILDREN

Section 1.  Right to Information. – The children have the right to appropriate information on
matters of interest especially those aimed at promoting their social, spiritual and moral well-
being and physical and mental health.

Section 2.  Right to Leisure, Recreational And Cultural Activities. – The children have the
right to rest and leisure, to engage on play and recreational activities appropriate to their ages and
internalize freely their cultural life and arts.

2.1. The Local Government shall provide administrative and financial support to schools
and barangays in promoting appropriate recreational, cultural and artistic activities for children.
2.2 The Local Government shall ensure the functionality of the Local Sports Commission
and its equivalent.

Section 3.   Right to education. – The Local Government believes that every graduate of basic
education shall be an empowered individual who has learned, through a program that is rooted
on sound educational principles and geared towards excellence, the foundations for learning
throughout life, the competence to engage in work and be productive, the ability to coexist in
fruitful harmony with local and global communities, the capability to engage in autonomous,
creative, and critical thinking, and the capacity and willingness to transform others and one’s self

It shall be the duty of the Local Government to ensure that:

3.1 All children shall have the right to education which includes the right to avail day
care program, kinder, basic elementary and secondary and technical/vocational education
appropriate to their evolving capacity.

3.2 Basic elementary and secondary educations are free and compulsory pursuant to the
Philippine Constitution, RA 6655 and other relevant laws and policies

3.3 Every student shall have an opportunity to receive quality education that is globally
competitive based on a pedagogically sound curriculum that is at par with international standards

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 3.4 Education is learner-oriented and responsive to the needs, cognitive and cultural
capacity, the circumstances and diversity of learners, schools and communities through the
appropriate languages of teaching and learning, including mother tongue as a learning resource.

3.5 Different forms of access to basic education such as: open high school, night school,
e-learning system, alternative learning system (ALS) and similar programs are provided to every
student and to take higher education available on the basis of capacity.

3.6 The Local School Board is established and support and monitor the (LSB) as
mandated in the Local Government Code of 1991.

3.7 The Local Government shall ensure additional representative from Federation of
Children’s organization in addition to the Sangguniang Kabataan to the Local School Board.

Section 4.  Programs and Services of the Municipality – To promote the child’s basic rights to
develop his or her full potential, the Municipality shall institute mechanisms and endeavor to
provide the following programs and services, but not limited to:
a. Allocate fund for Day Care worker as well as the whole program
b. In-school feeding program for Day Care.
c. Public library and resource centers for children
d. Interactive Learning Center for Children
e. Parks and playgrounds
f. Annual Palarong Pambayan
g. In addition, Indoor and Outdoor Play Areas shall be available to the children. Shady areas
shall be available in outdoor play areas. The play areas shall be safe, clean, easily accessible,
adequate in size and suitable for the needs of the children.

ARTICLE 4 – PARTICIPATION RIGHTS OF CHILDREN

The Local Government recognizes the vital role of children and youth in nation building and
shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their involvement in
public and civic affairs

Section 1.  Children’s Participation In Governance. – To ensure the active participation of

children and youth in community development and progress, the Municipality shall ensure their
full participation in different special bodies, committees and the like.

Section 2.  Capacity Building and Fund Allocation for Children. – To ensure the meaningful

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and full participation of children and youth, the Municipal Government shall develop and
allocate funds for capacity building programs that shall be adopted by respective Barangay SK
and its equivalent.

ARTICLE 5. PROTECTION RIGHTS OF CHILDREN

The Local Government shall give highest priority to the enactment of measures and development
of programs for children that promote human dignity, protect from any threat of violence and
exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration
and servitude of persons, not only to support children victims of trafficking but more
importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of
society.

Section 1. Right to a Name, Nationality and Identity. – The child has the right to be registered
immediately at birth and shall have the right from birth to a name and to acquire a nationality
pursuant to the UN Convention on the Rights of the Child.

Section 2. Children in Need of Special Protection. – The following children, but not limited to,
shall be accorded special protection and consideration by the Municipality:
a. child-victims and survivors of physical, psychological and sexual abuse;
b. neglected and abandoned children;
c. children using addictive substances;
d. differently-abled children;
e. children in conflict with the law;
f. child labor;
g. trafficked children;

Section 3. Right to Protection Against all forms of Abuse. – The child has the right to
protection against physical abuse, violence, injury, maltreatment as well as mental, psychological
and emotional abuses.

To promote and ensure the child’s basic right to protection from all forms of abuse, the
Municipality shall institute mechanisms and endeavor to provide the following programs and
services, but not limited to:
a. Intervention and Diversion Program
b. Crisis Intervention Program
c. Rehabilitation Program
d. Center-based Program
e. Community-based Program

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Section 4. Right to Protection Against Sexual Abuse. – The child has the right to protection
against rape, incest, sexual harassment, act of lasciviousness, seduction, abduction and other
forms of sexual abuse and violence.

Section 5.  Right to Protection against Neglect and Abandonment. – The child has the right to
quality care by his or her parents/guardians and adults and to be protected against neglect,
negligent treatment and abandonment.

The Municipality shall promote and ensure the child’s right to protection from physical abuse,
sexual abuse and neglect and abandonment, through, but not limited to the following:

a. Establish Rehabilitation Center and Youth Home for Children in Conflict with the Law or
Bahayang Pag Asa that complies with what is stipulated in Title VI Section 49 of RA 9344 and
other related laws;
b. Establish a comprehensive social program to provide necessary support for the child and for
those who have the care of the child;
c. Ensure that there is a child protection policy and mechanism;
d. Institutionalize prevention programs against child abuse;
e. Support the prosecutor or counsels who handle cases of children to obtain speedy disposition
and preferential settlement;
f. Ensure the sustainability of an adequate Processing Center for Children in Conflict with the
Law and Children at Risk

Section 6. Right to be Protected from Drugs and other Substances. – The child has a right to
be protected from the use of narcotic and psychotropic drugs and from being involved in their
production or distribution.
To promote and ensure the child’s basic right to protection against involvement in illegal drugs,
the Municipality shall institute mechanisms and endeavor to provide the following programs and
Services:
a. Admission to Drug Rehabilitation Center.
b. Municipal-wide campaign against prohibited drugs for children.

Section 7.  Rights of Children in Conflict with the Law (CICL). – Pursuant to Article 40 of
the United Nations Convention on the Rights of the Child, the Local Government recognizes the
right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal
law to be treated in a manner consistent with the promotion of the child's sense of dignity and
worth, taking into account the child's age and desirability of promoting his/her reintegration.
Whenever appropriate and desirable, the Local Government shall adopt measures for dealing

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with such children without resorting to judicial proceedings, providing that human rights and
legal safeguards are fully respected. It shall ensure that children are dealt with in a manner
appropriate to their well-being by providing for, among others, a variety of disposition measures
such as care, guidance and supervision orders, counseling, probation, foster care, education and
vocational training programs and other alternatives to institutional care.

7.1 All children in conflict with the law shall be entitled to the following rights:
a. To be treated with dignity and in a manner consistent with the promotion of the child’s sense
of dignity and worth, which reinforce the child’s respect for the human rights and fundamental
freedom of others;
b. To be presumed innocent until proven guilty in accordance with the law;
c. To avail of the free assistance of an interpreter if the child cannot understand or speak the
language used;
d. To have his or her privacy fully respected by media and all persons;
e. To be informed of his or her rights under the UNCRC and other International Instruments in
relation to RA 9344, “ The Juvenile Justice and Welfare Act of 2006”, R.A 7438, R.A 8493, P.D
603, the Rules and Regulations on the Apprehension, Investigation, Prosecution and
Rehabilitation of Youth Offender.
7.2 It is the responsibility of a Child in Conflict with the Law (CICL) to cooperate with
the authorities in the investigation provided that his/her rights are respected. If the child
committed the offense, he/she should take responsibility for the consequences as provided for
under this code.

Section 8. To promote and ensure the child’s right to protection from physical abuse, sexual
abuse and neglect and abandonment, the Municipality shall perform the following
responsibilities, but not limited to:

a. Promote the establishment of procedures, authorities and institutions specifically applicable to

CICL, especially diversion at the barangay and police level provided that human rights and legal
safeguards are fully respected;
b. Promote a variety of dispositions, such as care, guidance and supervision orders; counseling,
probation, foster care, education and vocational training programs and other alternatives to
institutional care to ensure that children are dealt with in a manner appropriate to their well being
and proportionate both to their circumstances and the offense;
d. Ensure the implementation of what is stipulated in the law specifically the functionality of
Court Diversion Committee and the functionality of the Barangay Council for the Protection of
Children on Barangay Diversion Program.

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Section 9. Programs and Services. To promote and ensure the rights of a CICL, the
Municipality shall institute mechanisms and endeavor to provide the following programs and
services:
9.1 Comprehensive CICL prevention Plans instituted from the Community, Barangay, up
to the Municipal level. The prevention programs shall include but not limited to:

a. Primary prevention which includes general measures to promote social justice and equal
opportunity, and which tackles perceived, root causes of offenders such as poverty and other
forms of marginalization;
b. Secondary prevention which includes measures to assist children who are identified as being
more particularly at risk such as whose parents are themselves in special difficulty or are not
caring appropriately for them;
c. Tertiary prevention which involves schemes to avoid unnecessary contact with the formal
justice system and other measures to prevent re-offending;
d. System of Diversion at the barangay and police levels including Diversion Programs such as,
but not limited to written or oral reprimand or citation, restitution of property, reparation of the
damages caused, indemnification of consequential damages, confiscation and forfeiture of the
proceeds or instruments of the crime, fine, payment of cost of the proceedings, written or oral
apology, guidance and supervision orders, counseling for the child and the family, trainings,
seminars and lectures on: (i) anger management skills, (ii) problem solving or conflict resolution
skills, (iii) values formation and (iv) other skills which will aid the child in dealing with
situations which can lead to re-offending, community based programs available in the
community and institutional care and custody;

9.2 Institutionalize a system of diversion at the Katarungang Pambarangay Proceedings;

9.3 Institutionalize a system of diversion at the Police Level;

9.4 Establishment of CICL Youth Home/Bahay Pag-Asa.

Section 10. Child Labor. The Local Government believes that labor is a primary social force
and is committed to respect, promote, protect and realize the fundamental principles and rights
at work including, but not limited to, abolition of child labor, elimination of all forms of forced
labor, discrimination in employment and occupation, and trafficking in persons, especially
women and children

To promote and ensure the rights of a working child, the Municipality shall institute mechanisms
and endeavor to provide the following programs and services:

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a. Advocacy program against child labor in the community.
b. Alternative livelihood opportunities for parents and children above 15 years old.
c. Health services for working children.

Section 10. Adopting the Inspire Strategy. The Local Government shall formulate strategies to
ensure that Violence Against Children is eliminated within the municipality. It shall adopt the
INSPIRE Strategy in the formulation of laws, and planning and implementation of programs,
projects, and activities.

ARTICLE 6 PROHIBITED ACTS

The following acts shall be considered unlawful
a. Smoking and consumption of alcohol beverages and prohibited drugs by pregnant
women;
Smoking in public and enclosed places especially in the presence of children and
pregnant women
b. Sending children to buy cigarettes, prohibited drugs and any alcoholic beverage.
c. Allowing children to use and sell cigarettes, prohibited drugs and any alcoholic beverage.
d. Vending to children cigarettes, prohibited drugs and any alcoholic beverage.
e. Refusal to provide the basic needs (food, shelter and clothing) for their child/children;
f. Refusal to avail of immediate and appropriate medical assistance for a sick child in a
timely fashion when needed
g. Refusal of parents or guardians to send their children to school.
h. Refusal of public schools to accept children for enrollment in the day care, kinder, basic
elementary and secondary levels, without valid reason and due process. In no cases shall
the lack of birth certificates or birth registration, or the marriage certificate of the parents
of the child, non-payment of unsettled previous accounts, constitute a valid ground for
refusal to enroll the child.
i. Requiring students to buy special projects and other objects and items, outside of the
approved school curriculum as a condition for passing or getting the higher grades.
j. Selling, showing, exposing and allowing children to access obscene, pornographic and
violent materials in television, radio, print and internet.
k. For schools to require parents or guardians to waive the special parental authority during
field trips, excursions and similar school activities.
l. Allowing children to play online games in internet cafes during school hours and beyond
9:00 pm. including Saturday and Sunday except for research purposes in the booth/s
designated for the purpose.

ARTICLE 7. REMEDIAL MEASURES AND PENALTY

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Section 1. Persons Who May File a Complaint. – Complaints on unlawful acts committed
against children as enumerated herein may be filed by the following:
a. Offended party;
b. Parents or guardians;
c. Ascendants or collateral relative within the third degree of consanguinity;
c. Officer social worker or representative of licenses child-caring institutions;
d. Officer or social worker of the Department of Social Welfare and Development;
e. Barangay chairperson; or
g. At least three (3) concerned responsible citizens residing in the community where the violation
occurred.

Section 2.  Protective Custody of the Child. – The offended party shall be immediately placed
under the protective custody of the Department of Social Welfare and Development through the
local social welfare and development officer pursuant to Executive Order No. 56, series of 1986.
In the regular performance of this function, the officer of the Department of Social Welfare and
Development and its local counterpart shall be free from any administrative, civil or criminal
liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree
No. 603 and other applicable laws.

Section 3. Confidentiality. – At the instance of the offended party, the name of the concerned
person shall be withheld from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio broadcasting, producer and
director of the film in case of the movie industry, to cause undue and sensationalize publicity of
any case of violation of this Act which results in the moral degradation and suffering of the
offended party.

Section 4.  Reporting.- A person who learns of facts or circumstances that give rise to the belief
that a child has suffered abuse may report the same, either orally or in writing, to the Department
of Social Welfare and Development (national office), the Office of the Provincial/Municipal or
Municipal Social Welfare and Development, to the law enforcement agency or to the Barangay
Council for the Protection of Children concerned.

Section 5.  Mandatory Reporting. – The head of any public or private hospital, medical clinic
and similar institution, as well as the attending physicians and nurses, shall report, either orally
or in writing, to the above-mentioned department or agency the examination or treatment of a
child who appears to have suffered abuse within forty-eight (48) hours from the knowledge of
the same.

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Section 6. Duty of Government Workers to Report. – It shall be the duty of all teachers and
administrators in public schools, probation officers, government lawyers, law enforcement
officers, barangay officials, and other government officials and employees whose work involves
dealing with children to report of possible child abuse to the authorities mentioned in the
preceding sections.

Section 7. Failure to Report. – Any individual mentioned in Section 36 who possesses

knowledge of a possible child abuse and fails to report the case to the proper authorities shall be
punishable under R.A.

Article 7. IMPLEMENTING MECHANISMS

Section  1.  Creation of the Municipal Council for the Protection of Childred (MCPC).
There is, hereby created the Municipal Council for the Protection of Children (MCPC) which
shall lead and coordinate the formulation, implementation and enforcement of all policies,
programs and projects relative to the survival, development, participation and protection of
children at the Municipal Level. The Council aims to ensure the effective implementation of the
Philippine government’s commitment to the Convention on the Rights of the Child, World
Declaration on the Survival, Development and Protection of Children, and the Philippine Plan of
Action for Children (PPCA) and the Philippine National Strategic Framework for Plan
Development for Children (Child 21) and other International and National Instruments.

1.1.   Composition of the Municipal Council for the Protection of Children. The Council
shall be composed of the following persons:
a. The mayor, as Chairperson of the Council;
b. The Chairperson of the Sangguniang Bayan Committee on Women, and Family;
c. The President of the Sanggunuang Kabataan Federation President (SK)/similar to;
d. The Municipal Social Welfare and Development Officer;
e. The Municipal Health Officer;
f. The Municipal Local Government Operating Officer (MLGOO);
g. The District Supervisor (DepEd);
h. The Municipal Planning and Development Officer;
i. The Municipal Budget Officer;
j. The Municipal Treasurer;
k.The Municipal Civil Registrar’s Officer;
l. The Public Employment Service Officer
m. A representative from the Municipal Trial Court;
n. A representative from the PNP Women and Children’s Desk;

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p. The Parent – Teachers Association’s (PTA) Federation President;
q. A representative from the private business sector with a proven track record for implementing
child-friendly policies/programs/services;
r. Two (2) or more NGO representatives that implement programs and projects for children in the
Municipality, to be appointed by the Mayor;
s. A child representative with a proven track record for being an advocate for the Rights of the
Child, to be appointed by the Mayor;
t. President of the Associations of Barangay Chairpersons (ABC);
u. A representative from the federation of student bodies and council;
v. A representative from the federation of out of school youth organization

Section 1.2.     Functions of the Municipal Council for the Protection of Children. 
The Council shall perform the following duties and responsibilities:
a. To coordinate with the line agencies of the government, including that of the Municipality
and non- government organization on programs and activities for children;
b. To formulate plans, programs, policies for children which are gender-fair, culturally relevant
and responsive to the needs of diverse groups of children below 18 years of age;
c. To make a comprehensive and Integrated Municipal Annual Work and Financial Plan for
Children and to recommend appropriation to the Sangguniang Bayan;
d. To monitor and review the implementation of Municipal Action Plan for Children;
e.To assist by providing the necessary technical assistance and monitor the Barangay Council
for the Protection of the Child;
f. To submit bi- yearly status reports on all programs, projects, and activities undertaken by the
Council to the Municipal Mayor and the Sangguniang Bayan of General Mariano Alvarez;
g. To mobilize resource assistance, specifically, to provide appropriate child-related projects
and activities as recommended by the local councils for the protection of children;
h. To advocate for the passage of ordinances pertinent to the Rights of the Child;
i. Document barangay best practices on children;
j. Conduct capability building programs to enhance knowledge and skills in handling children’s
program;
k. To require the barangay to pass ordinances adopting the Municipal Children Code;
l. To identify and recommend programs and services to be contracted for implementation by
NGOs and other entities in the implementation of this Code;
m. To recommend to the Committee on Accreditation, all NGOS and POs who may have
programs for children;
n. To perform such other functions and responsibilities relative and incidental thereto.

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Section 2.     Creation of Barangay Councils for the Protection of Children (BCPC).
The Barangay Council shall create a Barangay Council for the Protection of Children
(BCPC).The BCPC shall have the following functions;
a. To foster education of every child in the barangay by ensuring that every child in the
barangay acquires at least Secondary education;
b. To encourage the proper performance of the duties of parents and provide learning
opportunities on the adequate rearing of children and on positive parent-child
relationships;
c. To report all cases of child abuse to the proper authorities;
d. To protect and assist abandoned, maltreated and abused children and facilitate their cases
filed against child abuser;
e. To take steps to prevent juvenile delinquency and to assist children with behavioral
problems so that they can get expert advice;
g. To adopt measures to promote the health and nutrition of children;
h. To promote the opening and maintenance of playgrounds and day care centers and other
services which are necessary for child and youth welfare;
i. To secure the cooperation of organizations devoted to the welfare of children and
coordinate their activities;
j. To promote wholesome entertainment in the community;
k. To assist parents whenever necessary in securing expert guidance counseling from the
proper governmental or private welfare agencies;
l. To advocate for the passage of child-friendly barangay ordinances in response to child
related issues and concerns;
m. To prepare the barangay Annual Work and Financial Plan for children which address the
needs of children in the community and ensure their integration into the Barangay
Development Plan and implemented by the barangay; and
n. To submit quarterly barangay accomplishment reports on the implementation of the plan
to the Municipal Council for the Protection of Children.

Section 3. The Municipal Social Welfare and Development Office (MSWDO)

It shall be the duty and responsibility of the MSWDO to:

3.1 Formulate programs and mechanism to protect the adopted child pursuant to RA 8552
and the UN Convention on the Rights of the Child.

3.2 Supervise and Monitor the administration and management of the established facilities
within the municipality for the welfare and protection of children such as, but not limited to,
a. Bahayang Pag-asa

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 b. Women’s Crisis Center
c. Day Care Center and Facilities

3.3 Ensure that the system and processes as enumerated in Article 5 of this Code are being
fully observed.

Section 4.  Responsibility of parents/ guardians and adult. To ensure the survival of a child,
parents and guardians shall perform the following responsibilities, but not limited to:
a. All persons who intend to have a child should exercise responsible parenthood.
b. All pregnant or expectant mothers shall have at least four antenatal care (ANC) assessed
by or under the supervision of skilled attendants;
c. Have their newborn screened for congenital defects shortly after birth; and if defects are
found, submit the child for checkup at the appropriate time;
d. Breastfeed immediately after birth for at least six months and preferably beyond infancy
to two years of age;
e. Submit their child /children for immunization against seven vaccine preventable diseases;
f. Ensure provision of the basic nutritional needs of their children
g. Ensure that school-age children are enrolled in day care programs, kinder, basic
elementary and secondary education either in public or private schools;
h. 3-4.7 years old are enrolled in the day care centers of the Municipal Social Welfare and
Development Office (MSWDO) or its equivalent in private schools
i. 5 years old are enrolled in kinder of the Department of Education (DepEd) or its equivalent
in private school
j. 6-12 years old are enrolled in elementary schools either in public or private schools
k. 13-18 years old are enrolled in the secondary schools either in public or private schools
l. Alternative Learning System (ALS) shall be available and accessible to children who prefer
to enroll in this program.
m. Monitor their children’s attendance and performance in school. Cooperate and coordinate
with educational institutions to fully develop the child’s potentials and talents.
n. Give proper guidance to their children on viewing television and movies, reading printed
materials and accessing information through the internet.
o. Parents of day care, kinder, Grade 1 pupils and first year high school students are required
to attend the complete module on the Parent’s Effectiveness Seminars (PES) in coordination
with Department of Education and Municipal Social Welfare and Development Office so as
to harness and develop their strength and that they can be equipped in guiding their children.
Trainers training shall be conducted by the MSWDO to the participants from the different
districts and re-echo the same training to their respective districts.

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Section 5. The Municipal Health Office
5.1 Municipal Health Office shall adopt an integrated and comprehensive approach to
public health development, thus ensuring that health and health related social services are made
accessible, available and affordable to children. It shall establish inter-barangay cooperation in
this regard

5.2 The Municipal Health Office shall likewise coordinate with the Municipal Nutrition
Council and the Local Health Board on matters undertaken to promote, enhance, and protect the
child’s right to survival. Furthermore, the Municipal Field Health Office shall submit a quarterly
report to the Municipal Council for the Protection of Children regarding all plans and progress of
programs and services for the child.
The private medical practitioners, clinics and hospitals shall submit notifiable diseases of
children to the Municipal Health Office.

5.3 The public health programs and services of the Municipality shall be implemented by
the Municipal Health Office and shall constitute an integrated approach of Family Health and
Primary Care program enumerated hereunder, but not limited to:

a. Maternal Newborn Child Health and Nutrition (MNCHN)

b. Newborn Screening (NBS)
c. Prevention and Management of Abortion and its Complications (PMAC)
d. Integrated Management of Childhood Illnesses (IMCI)
e. Integrated Young Child Feeding (IYCF)
f. Expanded Program on Immunization (EPI)
g. Early Childhood Care and Development (ECCD)
h. Adolescent and Youth Health and Development Program (AYHDP)
5.4 Nutrition Program. – The Municipality through the Municipal Field Health Services
Office shall implement the Municipal Nutrition Program to meet the nutritional standards of
every child.

5.5 The Municipal  Health Office in coordination with the Municipal Nutrition Council
and Association of Barangay Captains shall establish the Barangay Nutrition Council. The
functions and responsibilities as well as the composition of the council shall be formulated by the
Municipal Nutrition Council within 60 days after the effectivity of this ordinance.

Section 6. The Municipal Licensing Office

The Licensing Office shall ensure the conduct of regular monitoring and strict prohibition of
vendors selling junk food in order to protect the school children from unsafe food. In furtherance

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of this mandate, all vendors within the vicinity of all school campuses within the municipality
shall be subjected to safety and sanitation standards.

Section 7.   Responsibility of Public and Private Health Care Providers. It shall be the
responsibility of doctors, dentists, nurses, midwives and other health care providers to include,
but not limited to:
a. Ensure that all children have equal access and are provided with quality medical
assistance and health care;
b. Ensure that parents and children are well-informed, have access to health education and
are supported in the use of basic knowledge of child health and nutrition, hygiene and
environmental sanitation;
c. Exercise diligence in providing antenatal care (ANC) and ensuring safe facility based
delivery by a skilled birth attendant;
d. Develop preventive health care, guidance, responsible parenthood, family planning
education and services for parents;
e. Encourage public and private establishments to provide an accessible area for lactating
mothers to breastfeed their children;
f. Screen for disabilities and developmental delays in early childhood: if found, interventions
are to be implemented;
g. Monitor regularly the proper growth and development of the child and provide adequate
medical consultations and referrals;
h. Immediately refer cases or illnesses for appropriate management and comply the two-way
referral system.

Section 8.   Responsibility Of Educational Institutions. – In addition to the role of all

educational institutions to impart knowledge and skills to their students, they shall likewise
institute programs and services that include proper values formation and allow religious
instruction to enhance the spirituality of the children.

Section 9.  Role of the private business sector.- The private business sectors, particularly those
who have direct contact with the child, have a corporate social responsibility to all children. The
conduct of their business shall consider the best interest of the child.

9.1 The private business sector is encouraged to become involved and support the programs,
projects and services for children, especially those provided in the Children’s Code of General
Mariano Alvarez.

9.2 Restaurants, KTV bars, nightclubs, hotels, motels and other business establishments in the

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entertainment, tourism and travel industry, and gambling centers including cockpits that provide
access to adult entertainment, shall ensure that children are not allowed within their premises.

9.3 Shopping malls and centers, boutiques, novelty stores, video arcades and other gaming
centers shall monitor the presence of school-aged children during school hours in their premises.
The presence of the children shall be reported to the schools to which these children belong. In
cases where these children are not enrolled in school, the parents or guardians shall be informed.

Section 10. The Barangay – The Barangay shall:

10.1 Allocate funds for scholarship purposes to the poor but deserving pupils and
students of the barangay from the SK Fund.

10.2 Provide educational assistance to identified indigent families of the barangay in the
form of school supplies, enrollment fees, and other educational expenses by the SK.

10.3 Provide secured play areas with minimum facilities in the day care center

10.4 Conduct recreation and summer sports activities for the children

ARTICLE 8. BUDGET APPROPRIATION

Section  1.     Appropriation. – One (1) per cent of the Internal Revenue Allotment of barangays
and the Municipality of General Mariano Alvarez shall be appropriated in its Annual /
Supplemental Budget for the implementation of projects, programs, services for children,
especially those provided in the Children’s Code of General Mariano Alvarez, for the
administrative operations of the councils, the implementation of this code, drafting and
publication of IRR, training and orientation of stakeholders, and promotion of this Code to the
general public.

Section   2.    Fund Generating Activities for Children. – The Council may hold activities to
generate additional funds which the council can use for the implementation of projects, programs
and services for children. All money and donations, whether cash or in-kind, generate by the
Council shall be placed in a special trust fund of the Council to be held by the Municipal
Treasurer.

ARTICLE 9. PROVISION, FINAL

Section   1.    Separability Clause. – If, for any 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.

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Section 2.    Applicability Clause. – All other matters relating to the impositions or regulations
provided in this code shall be governed by the pertinent provisions of existing laws and other
ordinances. This Code shall apply to all people within the territorial jurisdiction of General
Mariano Alvarez and all its Barangays and to all persons, who may be subjected to the
provisions of this Code.

Section  3.  Repealing Clause. – All ordinances, resolutions, executive orders and other
issuances which are inconsistent with any of the provisions of this Code are hereby repealed or
modified accordingly.

Section  4. Effectivity Clause. – This Ordinance shall take effect fifteen (15) days after the
following

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