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PEOPLE COUNT P L C P D P O L I C Y B R I E F

By: Cynthia Arce

The United Nations Childrens Fund (UNICEF) defines child protection as the prevention of
and response to violence, exploitation, and abuse against children including commercial
sexual exploitation, trafficking, child labor, and harmful traditional practices (such as female
genital mutilation and child marriage). In the Philippines, a child in need of special protection
is described as one most vulnerable to violence, abuse, neglect and exploitation mainly by
reason of poverty. Such children include the neglected and abandoned, those in worst forms
of labor, children with disabilities, those at risk and in conflict with the law, the street children,
commercially and sexually abused children, those affected by armed conflict, displacement,
and emergencies, and children of indigenous populations.1

1
Definition from the 2nd National Plan of Action for Children, 2011-2016.

Expanding choices, uplifting lives through responsive legislation on population and human development
2 PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines

Over the years, the conditions. Worse, the child protection issues were
Philippines has seen a magnitude and number dealt with rather reactively,
number of laws passed of children victims of and the programmatic or
and enacted concerning neglect, violence, abuse, legislative actions taken were
the welfare and protection and exploitation remain to stand-alone responses
of children. The trend has be ascertained given the corresponding only to a
been particularly remarkable difficulties of obtaining specific child protection
in the period following the sensitive and elusive data. issue. The presence
countrys ratification of of several mandated
the United Nations (UN) A quick account of the interagency councils to
Convention on the Rights disconnect between the coordinate and oversee
of the Child (CRC) in profusion of laws and the the implementation of the
1990. Without reference to continuing incidence of various laws despite the
numbers and statistics, it child abuse may point to overlap of functions is one
seems easy to resolve that the symptom-specific consequence of this. The 3rd
Filipino children are already approach long used Comprehensive Program on
well placed within the best towards addressing child Child Protection (CPCP)3 also
legal environment that would protection. This means that explains that the country has
eventually put an end to
Categories of children in need of special protection and estimates4
child abuse and exploitation.
Children without parental care and at risk 4-6 million
But could this actually be the
of losing parental care
case? Would it be conclusive
Working children 5.5 million
to say that the children
described above have Trafficked children No data
already seen the end of their Prostituted children 60,000 to 100,000
plight as vulnerable, abused, Children in pornography No data
and exploited? Child victims of violence, physical, and sexual 8,000
abuse
Data from the Mid-Term Children living or working on the streets 246,000
Report of the 2nd National Children and young people in drugs and 3.4 million
Plan of Action for Children substance abuse
(NPAC) released in 2015,2 Children in conflict with the law 18,277
prove otherwise. While (2006 to 2011)
significant milestones are Children in situations of emergency
achieved in education and Armed conflict 50,000 displaced
health targets for children, annually
child protection remains to Natural disasters 190,000 annually
lag behind. Child poverty Children with disabilities 192,000
incidence has not improved. Unregistered children 2.6 million
About two million Filipino Children belonging to minorities and indigenous 5-7 million
children are still working peoples
in hazardous working

2
The Mid-Term Report was prepared and published by the Council for the Welfare of Children, being the lead coordinating agency for the
Philippine National Strategic Framework for Plan Development for Children or Child 21.
3
The 3rd CPCP (2012-2016) was prepared and published by the Committee for the Special Protection of Children, an interagency body created
by RA 7610. The CSPC is chaired by the Department of Justice, with Secretariat support provided by the Council for the Welfare of Children.
4
Data taken from the 3rd CPCP.
PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines 3

failed to provide a protective


and caring environment
for children, an approach
anchored on the recognition
that child protection is
diverse, evolving, and
interconnected, and that it
is the dynamic interplay of
individuals, systems, and
society that both shapes and
addresses the root causes
of child abuse, violence, and
neglect. To build a protective Governance on child and how coordination and
and caring environment protection in the oversight are done from
therefore means placing child Philippines: What recent the national level down to
protection within a system- literature say local government units.5
based framework and The laws covered by the
providing solutions that go This Policy Brief is based study are: Special Protection
beyond the issues respective on literature from the 2nd of Children Against Child
silos and wider towards a National Plan of Action for Abuse, Exploitation and
more cohesive response that Children Mid-Term Review, Discrimination Act (R.A. 7610),
encompasses the micro, the 3rd Comprehensive Anti-Violence Against Women
meso, and macro levels of Program on Child Protection, and Children Act (R.A. 9262),
society. and a 2016 study jointly Anti-Trafficking in Persons Act
conducted by the Philippine (R.A. 9208) and the Expanded
Presently, there are Legislators Committee on Anti-Trafficking in Persons
initiatives by interagency Population and Development Act (R.A. 10364), Anti-Child
councils towards (PLCPD) and UNICEF. The Pornography Act (R.A. 9775),
strategically integrating latter, in particular, focused and Juvenile Justice and
their work through joint on five child protection laws Welfare Act (R.A. 9344) and
programming. These ex- examining how these laws are an Act Strengthening the
post facto convergence implemented (or localized) Juvenile Justice System inthe
measures, however, are at at the city or municipal level Philippines (R.A. 10630).
most stop-gap solutions
to repetitive roles and
functions performed within a
multiplicity of structures and
systems. Without revisiting
and perhaps amending -
the laws that created these
systems and structures, the
inefficiencies are likely to
continue, and the need for
longer-lasting solutions will
remain.

5
Participating LGUs in the Study include: Zamboanga City, Quezon City, and the Municipalities of Bobon in Northern Samar and Aroroy in
Masbate.
4 PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines

The Special Protection of Children Against for intensive intervention for children who have
Abuse, Exploitation and Discrimination Act committed serious crimes and also for repeat
(R.A. 7610) signed in 1992, is a comprehensive offenders, 3) mandated the creation of the
and encompassing legislative measure Regional Juvenile Justice and Welfare Councils
providing for stronger deterrence and special to oversee local and regional implementation
protection measures for children from all of the law, 4) provided for extension of
forms of abuse, neglect, cruelty, exploitation, assistance to victims of crimes committed by
and discrimination and other conditions children and a maximum penalty for those who
prejudicial to their development. It also puts exploit children for the commission of criminal
special attention to children in especially offenses, and 5) mandated the establishment
difficult circumstances, those in armed conflict, and institutionalization of a Referral System
and those belonging to indigenous cultural and Centralized Juvenile Justice and Welfare
communities. It defines the sanctions and Information Management System.
penalties applied to child abuse, prostitution,
trafficking, and employment of children. The Anti-Child Pornography Act (R.A. 9775),
enacted in 2009, guarantees the protection of
The Anti-Trafficking in Persons Act (R.A. every child from all forms of exploitation and
9208) enacted in 2003, and The Expanded abuse, including, but not limited to, the use
Anti-Trafficking in Persons Act (R.A. 10364) of a child in pornographic performances and
enacted in 2012. The law provides for policies materials and the inducement or coercion of a
and procedures for a comprehensive approach child to engage or be involved in pornography
to eliminating trafficking in persons (TIP). through whatever means.
The law also specifies the penalties for the
commission of TIP, provides for legal protection The law, in particular, defines child pornography
for victims of TIP, and ensures the provision as any representation, be it visual, audio
of services for the recovery and reintegration or written form or combination thereof, by
of said victims. The expanded law makes electronic, mechanical, digital, optical, magnetic
clear what are considered acts of trafficking, and other means, of a child engaged in real or
attempted trafficking, and qualified trafficking, simulated explicit sexual activities. Any person
incorporating the provisions on child trafficking who produces, distributes, publishes or commits
under R.A. 7610. other related acts will face stiff penalties with
fines, prison terms, including the maximum
The Juvenile Justice and Welfare Act penalty of imprisonment.
(R.A. 9344) enacted in 2006, and An Act
Strengthening the Juvenile Justice System The Anti-Violence Against Women and
in the Philippines (R.A. 10630) signed into Their Children Act (R.A. 9262), signed
law in 2012, address the issue of juvenile in to law in 2004, is a landmark legislation
justice and welfare, covering different stages that penalizes physical, sexual, economic,
that involve children at risk (CAR) and children and psychological abuse and violence,
in conflict with the law (CICL) from prevention committed against a woman or her child by
to rehabilitation and reintegration. The law any person, in the context of an ongoing or
mandates the establishment of structures and past intimate relationship. It also provides
programs that will help create a protective for various reliefs and remedies for the
environment for children so that they will not prevention or discontinuation of violence and
commit crimes or be victims of crimes. The the rehabilitation of both victim-survivors and
amended law: 1) strengthened community- perpetrators.
based and center-based interventions through
the establishment of Bahay Pag-Asa for
children below the age of minimum criminal
responsibility, which is 15 years, 2) provided
PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines 5

It is also useful to refer, the situation of every (prevention, rescue,


in particular, to the 3rd child is a product of the recovery, reintegration);
Comprehensive Program interplay of the actors essentially the content
on Child Protections within varying contexts, and substantive element
model of Child Protection and not just a situation of the intervention.
System in discussing and he/she and/or his/her Process of care the
framing recent studies family may have caused. system and protocols for
on child protection. The Structures and functions delivering the intervention
model is premised on the organizational (for example processes
multidimensional nature mechanisms, for reporting, referral,
of child protection and whether formal (such investigation, assessment,
therefore on the cohesive as government or treatment, and follow-up;
functioning of various non-governmental if cases are filed before
elements that make up organizations [NGOs]) the courts, this will include
a caring and protective or informal (peoples appropriate disposition of
environment for children. organizations), at various cases).
levels that function for Data, knowledge
Briefly, the elements of the the protection of children. management, and
framework are: Capacities and resources quality standards
Actors and contexts human resources, an accountability
the key actors and financial resources, and mechanism through
contexts for action physical resources (such data retrieval, research,
namely the child, the as infrastructure). knowledge generation
family, community, city Continuum of care and sharing, and
or municipality, province, the levels or tiers standards of quality
the nation, and the global of intervention and in providing care and
context. This means that protection measures protective services.

Actors and
contexts

Data, knowledge Structures and


management, functions
quality standards

The National Child


Process of care Capacities and Protection System as
resources defined in the 3rd
Comprehensive Child
Protection Program
(2012-2016)
Continuum of
care
6 PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines

relief operations, etc.).


For the former, it is a case
of the LGU performing
simultaneously the various
roles that come along with
the structures: it is, all in all,
planner and policymaker,
implementer and enforcer,
resource mobilizer, and self-
monitor. Moreover, the roles
and responsibilities duplicate
across the local structures
established as counterpart
Below are some of the to the human resource to the national structures.
salient themes, gaps, capacities of LGUs for them For example, the Municipal
and challenges that to deliver cohesively and Council for the Protection
characterize national and effectively. of Children (MCPC), the
local governance on child Municipal Interagency
protection in the Philippines. The sheer number of child Council Against Trafficking
rights/child protection and Violence Against Women
Within the Child interagencies composed and Their Children (MIACAT-
more or less of the same VAWC), and the Municipal
Protection System departments and personnel Interagency Council
framework, the most at the national level, and Against Child Pornography
pronounced gaps that need to be mirrored (MIACACP) are different
are in Structures at the local level as local structures altogether the
interagency committees, latter two corresponding
and Functions and saturates the LGUs on to the Anti-Trafficking
Capacities and two fronts: in terms of in Persons Law and the
Resources. operationalizing the Anti-Child Pornography
structures and making them Law. However, the human
The real locus of governance functional, and in terms of resources and the roles and
in child protection is the sustaining the availability of responsibilities across these
local government unit (LGU). human resources. For the structures are almost the
It serves as the frontline on latter, it is a case of LGU same, with only the thematic
which the primary and most personnel delivering not just focus setting each structure
important layer of preventive child protective services but apart.
action and intervention also their other mandated
happens. However, the functions (e.g., the City or The situation at the regional
complex range of national Municipal Social Welfare level is as complex given
laws, their translation into Development Officer [C/ the number of regional
local policies and plans, MSWDO] is also in charge councils operating to support
and the delivery of devolved of conditional cash transfer individual laws. Out of the
social services, overall, program, gender and five laws studied by PLCPD
present much challenge development programs, and UNICEF, four laws6 have

6
The four laws are RA 7610, RA 9344 and 10630 as amended, RA 9262, and RA 9208 and 10364 as amended. RA 9775 only requires a
Regional Secretariat.
PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines 7

Article 87 of Presidential Decree (PD) 603 or the Child and Youth Welfare Code provides for the creation
of a Local Council for the Protection of Children (LCPC) in every barangay. DILG Memorandum Circular
2002-121 (Revised Guidelines on the Organization and Strengthening of the LCPC Incorporating Thereat
Early Childhood Care and Development Coordinating Committees at the Provincial, City, Municipality, and
Barangay Levels) provides for the creation of the LCPCs at all levels of the LGU and provides for the specific
membership and functions for each level.

The table below shows the LCPC membership and functions at the City or Municipal level:

Chair: City/Municipal Mayor


Co-chair: Any of the members, designated by the Mayor
Members:
C/M Council Member (Chair, Committee on Women and Family)
DILG C/M Filed Officer
Division Superintendent/District Supervisor of DepEd
Local Labor and Employment Officer
C/M Planning and Development Officer
C/M Budget Officer
C/M Health Officer
C/M Social Welfare and Development Officer
C/M Nutrition Officer
C/M PNP Director
C/M Treasurer
C/M LIGA ng mga Barangay President
Parent-Teachers Association (PTA) President
Child Representative
At least three (3) representatives of NGOs, two (2) of whom are appointed by the Committee
handling Early Childhood Care and Development (ECCD) Programs and one (1) from the trade/
labor union sector

Functions:
o Formulate plans, programs, and policies for children that are ender-fair, culturally relevant and responsive to
the needs of diverse groups of children from 0 to 18 years of age
o Prepare Annual Work and Financial Plan for children and recommend appropriations to the Council
o Provide coordinative linkages with other agencies and institutions in the planning, monitoring and evaluation
of plans for children
o Provide technical assistance and recommend financial support to the Barangay Council for the Protection of
Children
o Establish and maintain database on children in the city/municipality
o Foster education of every child
o Advocate for the establishment and maintenance of playgrounds, day care centers, and other facilities
necessary for child and youth development
o 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
o Assist children in need of special protection and refer cases filed against child abusers to proper agencies/
institutions
o Conduct capability building programs to enhance knowledge and skills in handling childrens program
o Document barangay best practices on children
o Monitor and evaluate the implementation of the program and submit quarterly status reports to the Provincial
Council for the Protection of Children
o Perform such other functions as provided for in the ECCD and other child related laws
8 PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines

Roles of LGUs as Provided for in the Implementing Rules and Regulations (IRR) of the following
Child Protection Laws*
Anti-Trafficking in Persons Anti-Violence Against Anti-Child Pornography Juvenile Justice and Welfare
Women and Their Children
Establish the Local Council Undertake massive education Monitor and regulate the Develop and implement
Against Trafficking and and information on the ACT establishment and operation Comprehensive Local Juvenile
Violence Against Women and and other laws of internet cafs and kiosks Intervention Program (CLJP)
Children (LCAT-VAWC) to Provide the victim-survivors ir similar establishments in and set aside budget for its
serve as a policy and program temporary shelters, order to prevent violations of implementation
coordinating and monitoring counseling, psychosocial the provisions of the law Conduct annual CLJIP review
body (including the preparation services, recovery and C/M Social Welfare and together with LCPC
and submission of annual rehabilitation programs Development Office to Ensure that no child is
reports) at the local level Ensure the sustained monitor and document cases, detained or admitted in
education and training of including a regular submission provincial jails
their officials and personnel of the reports in support Establish/strengthen LCPCs
on the prevention of VAC, of establishing a national Ensure 1% of IRA of
including gender sensitivity database cities, municipalities, and
seminars for service Conduct information and barangays for LCPC
providers (police, barangay education campaigns Pay a portion of the expense
officials, health personnel, Establish and support for the care and maintenance
social worker) community based initiatives of the child in conflict with the
In coordination with PNP Basic social services for law (CICL)
and other related agencies, the prevention, rescue, Institute community-based
establish education and recovery, rehabilitation and programs for children at risk
training program for police reintegration/after-care (CAR) and CICL
officers and barangay support Appoint a local social
officials to enable them to Enact and implement welfare and development
properly handle cases ordinances and issuances officer (LSWDO)
Develop and provide relevant Coordinate with IACACP and Inventory and mapping of
community-based services DILG to ensure uniformity local resources for CICL
for the rescue, recovery/ and consistency between Establish youth homes for CICL
rehabilitation and after-care local ordinances and the IRR
services of victim-survivors Participation of Sangguniang Functions of the LCPC
Strengthen coordination Kabataan and allocation of
with the DSWD Regional funds from SK Coordinate and assist the LGU
Offices, LGUs, NGOs for the Strengthen, activate and for the adoption of the CLJIP
continuous conduct of VAWC mobilize existing child- Assist Barangay Captain
trainings to service providers focused committees, councils, in conducting diversion
Provision of sustained and LGUS at th all levels to proceedings for CAR and
programs and projects to prevent and suppress child CICL cases
ensure the protection and pornography cases Assist LSDWO in the
effective services for the Assist in the filing of development of appropriate
rehabilitation and integration cases through the WCPD- diversion programs
of VAWC victim-survivors LGU to the WCPD PNP Develop a database for cases
Monitor and document cases Headquarters Advocate and recommend
of victim-survivors of VAWC local legislations
for purposes of data-banking Review existing policies of
Enact ordinances aimed at units providing services to
providing protection and CICL
support to victim-survivors of BCPC to take custody of the
VAWC CICL if the child is below 15
Strengthen, reactivate, and years old and parents cannot
mobilize existing committees/ be located
councils and similar bodies BCPC to be present in the
at the provincial, city, initial investigation of the
municipality, and barangay CICL in the absence of
levels to prevent VAWC parents
PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines 9

or require about 16 to 17
regional sub-committees
or interagency committees,
totaling to at least 64 regional
bodies composed more or
less of the same government
agencies. This has resulted
in coordination bottlenecks,
duplication of functions, and
fragmented and reactive
interventions all trickling
down to the local level where
LGUs, especially those lacking
in resources and capacities, approach to planning and budget sources for the
end up organizing counterpart programming for children, child protection initiatives
local bodies (such as the Local results-based management, and programs of local
Council for the Protection of knowledge management, councils, from the province
Children or LCPC) that remain systems building approach down to the barangay level,
rather non-functioning or not to child protection and needs to be reviewed.
fully functional.7 the protective and caring LGUs need to consider
environment framework, the access to, and the
Local competencies and strategic information- augmentation, prioritization,
capacities, meanwhile, also education-communication, and utilization of this budget
need to be improved, as among others. This need source. Along with human
these ultimately drive the was particularly highlighted resource capacities, the
functionality of the structures. in the PLCPD-UNICEF Study, availability and sustainability
The 2nd National Plan of which revealed that poor/rural of financial resources
Action for Children Mid- LGUs, having lower financial gives LGUs enough
Term Report mentions the resources and personnel with leeway in the provision
importance of capacitating lower individual capacities, of appropriate - if not
the pillars of justice such as are also likely to have lower innovative - and timely child
law enforcers and prosecutors awareness of the laws, lower protection interventions,
beyond individual capacity core competencies, and and may reflect well on the
development and moving therefore lesser differentiation functionality of such local
towards strengthening social of roles and functions within bodies.
welfare and legal and judicial the LGU (consequently, there
systems for more cohesive is a higher concentration or The National Plan of Action
and integrated service congestion of tasks within a for Children mid-term report
provision in child protection. single position, such as the has also pointed out the need
The 3rd Comprehensive MSWDO). for results-based budgeting,
Program on Child Protection the rational distribution of the
and the PLCPD-UNICEF With regard to financial internal revenue allotment or
Study, on the other hand, resources, the allocation IRA, cost-sharing, and the
underscore local governance of 1% of LGUs internal need to tap non-traditional
such as rights-based revenue allotment8 as sources of funds.
7
This is also the same finding generated by the National Baseline Study on Violence Against Children (Interim Results) of the Council for the
Welfare of Children, conducted in 2015-2016.
8
DILG MC 2012-120 provides guidance on the use of 1% IRA of LGUs as budget for the local councils for the protection of children, as
mandated by RA 9344.
10 PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines

National Economic
and Development
Authority Juvenile Justice
Interagency Council Committee for the and Welfare
Anti-VAWC Interagency
Against Trafficking Special Protection Council
Secretariat Council Against
(R.A. 9208 of Children (R.A. 9344
(R.A. 9775) Child Pornography
and 10360 as (R.A. 7610) Regional and 10630 as
Chair: DSWD (R.A. 9775)
Secretariat: PCW amended) Chair: DOJ Development Chair: DSWD amended)
Chair: DOJ Secretariat: CWC Council Chair: DSWD

Regional
Regional Council Council for the Regional Regional Juvenile
Committee of
Against Trafficking Welfare of Children Secretariat for Justice and Welfare
Social Welfare and
and VAWC (PD 603) IACACP Council
Development

Regional Sub-
Committee on
Welfare of Children

Provincial Council
Provincial Council
Against Child
for the Protection of
Trafficking and
Children
VAWC

City / Municipal
City / Municipal Interagency
Council for the
Council Against Trafficking
Protection of
and VAWC
Children

BCPC BCPC BCPC BCPC BCPC BCPC BCPC BCPC

This flowchart demonstrates how the localization of five different laws on Child Protection funnels down to the Municipal or City
Government, and down to the barangays.

The actual structure may turn out to be much more complex if other laws and local structures even those not related to child
protection - are added.

Moving up to the national level, the flowchart also reveals that there is currently no focal-oversight agency to act as lead
coordinating body for the strategic programming and results-monitoring of these laws.
PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines 11

At the national level, budget


allocation by government
agencies delivering on their
priority thrusts as members
of interagency councils
remains a constant challenge.
Most member-agencies do
not have specific budget
lines within their agencies
to fund their programmatic
commitments and activities
under the interagency
councils. Conversely,
member-agencies could While the different child protection) to secondary
not immediately and/or protection laws and varying and primary care (rescue,
directly attribute particular mandates of interagency recovery, rehabilitation, and
investments or spending councils have brought about reintegration).
to their interagency multi-way coordination
commitments because bottlenecks and even turfing Meanwhile, the multi-
budget lines are usually in the delivery of services, disciplinary approach is also
clustered according to recent efforts by agencies to being used in the conduct of
sectors (e.g., health and address these issues are now capacity building activities for
nutrition, education, etc.). slowly gaining traction. For service providers, in particular
instance, service providers are by the Committee for the
There is a trend now guided by the Protocol Special Protection of Children
for Case Management of and the Juvenile Justice and
towards coherence in Child Victims of Abuse, Welfare Council. This achieves
the implementation of Neglect, and Exploitation not just cohesion in the
programs, processes, prepared by the Committee delivery of services per se, but
and protocols for for the Special Protection also results in a higher level of
of Children. The protocol is efficiency in service provision
providing care and premised on the importance that is rooted in a deeper
protective services of a multidisciplinary understanding of ones roles
within agencies and approach towards efficient and functions in relation to
across, through the and effective case handling that of other service providers.
and management.
Convergence initiative There is also an ongoing
of inter-agencies; Strategies and interventions convergence initiative
but this needs to as reviewed in the PLCPD- being undertaken by some
gain momentum and UNICEF Study also show that interagency councils. The
a continuum of care is present Convergence of Councils
expand across all at all levels of protective and Committees for Children
elements of the child services for children ranging (4Cs)9 is an interagency
protection system. from tertiary care (prevention, cooperation and joint
A Memorandum of Agreement signed in 2015 formalized the 4Cs Strategy, with the following signatory agencies/interagencies: Council for
9

the Welfare of Children, Juvenile Justice and Welfare Council, Interagency Council Against Trafficking, Interagency Council Against Child
Pornography, the National Council on Childrens Television, the National Council on Disability Affairs, and the Early Childhood Care and
Development Council. As of this Policy Brief s writing, the set of Implementing Rules and Regulations to effect the cooperation agreement is
still being finalized by a working committee composed of the Chairs and Co-chairs of the signatory agencies/inter-agencies.
12 PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines

data sharing. The 3rd


Comprehensive Program on
Child Protection also reports
that much of the data on
children in need of special
protection are relatively old
and not updated, without
any disaggregation by age,
gender, rural-urban, ethnic
groupings, and other status.
Data surrounding child
abuse cases perpetrated
in clandestine operations
programming strategy to plans, but future legislative such as child pornography,
achieve harmonization in the reform as well. prostitution, trafficking
following areas: systematic have also been more
planning and program Tools and processes difficult to generate and
development, policy monitor. Instruments and
development and legislative
for monitoring of measures that should be
agenda building, research child protective cases the foundation of a common
and integrated information and monitoring and database system are not yet
management system, evaluation of programs standardized across service
monitoring and evaluation, providers and are likely to
advocacy, communication
and interventions produce data with varying
and resource mobilization, remain to be measures.
and capacity building. standardized.
At the local level, while LGUs
These ongoing convergence Agencies make use are enjoined to develop an
initiatives, though telling of of different tools and Annual State of the Children
the need to address ex-post measures for reporting on Report, local monitoring
facto the symptom-specific child protective cases. For systems by which data are
approach that has pervaded instance, the Juvenile Justice generated remain to be
past frameworks on child and Welfare Council, in its standardized, if not results-
protection, also present 2015-2017 Strategic Plan, based. Monitoring tools
new knowledge generation reports that the Philippine and guidelines provided
opportunities around which National Police, Department by national agencies to
succeeding strategic plans of Social Welfare and the Local Councils for the
(such as the 3rd National Plan Development (DSWD), Protection of Children use
of Action for Children, the 4th Department of the Interior mostly nominal measures,
Comprehensive Program on and Local Government and data generated do not
Child Protection, and the new (DILG), and the Bureau of Jail lend much utility towards
Philippine Development Plan) Management and Penology results-based management
can be designed. Processes, use varying monitoring tools and monitoring (e.g., there
protocols, and systems can and currently do not adhere is an Interagency Monitoring
serve as pilots, which can to a systematic database Task Force per LGU that
then inform not just the said or protocol for integrated conducts the monitoring
PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines 13

and assessment of the


functionality of LCPCs).10
The 2nd National Plan of
Action for Children mid-term
report also recommends
a review of the LCPC
functionality measures to
include budget utilization
monitored through a tracking
system and measured based
on results for children.

Given this, most inter-


agencies are now moving there is much collaborative interagency groups.
forward in developing their space for building
respective database and legislative-executive agenda. An Executive Order
information management may be issued in the
systems, aiding either actual Below are policy options and interim to address this;
case monitoring, or building recommendations the 17th subsequently, placing
a knowledge platform where Congress may take, by itself the CWC back to the
data can be stored and or together with the national Office of the President
retrieved. The Committee government agencies: as an attached agency
on the Special Protection of may provide the needed
Children, in particular, has 1. On strengthening strategic leverage
developed a protocol on the national structures and so it can efficiently
reporting of child protection- rationalizing coordinative perform the expanded
related cases. The document and oversight functions coordinative and
is now for dissemination oversight role. In the
to and adoption by local The Council for the long term, a restructuring
government units. Welfare of Children of the CWC through
(CWC), being the main legislation may be
Policy options, policy coordinating done to make it a more
programmatic directions body for children, may independent body
be assigned a focal such as a Department,
The 17th Congress is at oversight function to Commission, or a Bureau
the most opportune time coordinate all the existing with dedicated capital
to exercise its oversight interagency councils. resources. A review of
and legislative roles with The interagency councils Presidential Decreee
regard to child protection. will continue to deliver No. 603 or The Child
As the 2nd National Plan of on their mandated roles; and Youth Welfare
Action for Children, the 3rd however, the CWC will Code, which created the
Comprehensive Program on serve as a convergence CWC, is therefore being
Child Protection, and other point ensuring cohesive recommended, which
related strategies conclude programmatic planning should include, among
this year or the year after, and delivery by all the others, an assessment
10
DILG Memorandum Circular 2008-126 provides the guidelines on the composition of the Interagency Monitoring Task Force and the process
and tools for monitoring the functionality of LCPCs.
14 PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines

To improve the capacities


of LGUs including
a range of core
competencies and other
governance areas (such
as the human rights-
based approach, results-
based management,
child-friendly governance
and the child protection
laws) specific funding
and a comprehensive
programme for local
of the mandate and designing a single local capacity building may be
structure of the CWC. strategy (comprehensive institutionalized through
development plan a national policy. The
2. On improving efficiency that contains its funds and the capacity
of local systems and local strategy for building programme
strengthening local children, including may be lodged with
capacities and resources child protection), its the DILG and/or CWC,
annual development to be delivered to
Rationalizing the LCPC and investment plan key personnel at the
so that its role expands for children and to do provincial, city, and
to serve as a single, so using results-based municipal levels.
umbrella unit for all the planning and monitoring.
local interagency councils Similarly, a national
will contribute to overall While PD 603 and policy issuance (such
efficiency, not just of DILG Memorandum as a Joint Memorandum
the LCPC, but the local Circular (MC) 2002- Circular by the DILG,
interagency councils 121 have prescribed DSWD, Department
as well (e.g., MIACAT- the composition of the of Justice [DOJ], and
VAWC, MIACACP, etc.). LCPC (particularly at the CWC) directing
Consequently this the provincial, city, and local government
improves the efficiency municipal levels), a units to allocate a
and effectiveness of new DILG MC may be fixed percentage of
the individual human issued to provide the the IRA dedicated to
resources comprising the guidance for rationalizing a Childrens Budget,
LCPC and the local inter- the LCPC. In the long similar to the Gender and
agencies. term, an amendment of Development (GAD) Fund
PD 603 should include may be enacted.
From a programming the restructuring of the
standpoint, streamlining LCPC so that the roles 3. On strengthening national
the number of local and responsibilities of capacities and resources
interagencies by lodging the LGU are streamlined
these as committees as it fulfills its roles in the Through Congress
within the LCPC will various local interagency power of the purse,
provide a wider lens for councils. child protection as a
PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines 15

unique thematic area


may be strengthened
by allowing a dedicated
budgetary support for
relevant line agencies
those with direct roles
and responsibilities in
child protection, whether
through policymaking
or provision of services.
These agencies may
include the DSWD, DOJ,
Department of Education
(DepEd), DILG, and on rationalizing and/ Conclusion
others. or redefining LCPC
structures and functions, Problems in child protection
Member-agencies ensuring sustainability require a comprehensive
should also be allowed of human and financial and holistic response, a
to include a specific resources as well as shift in approach from an
budget line in support planning, budgeting, and issue-based analytical
of their roles and monitoring for results. framework to one that is
functions in their systems-based. This means
respective memberships The omnibus guidelines recognizing the interplay of
in interagency councils. may also introduce individuals, systems, and
This should not only new systems both for society, and how this creates
strengthen and sustain improving efficiency and or influences a protective
the participation of effectiveness in providing and caring environment for
member-agencies but protective services, such children.
also aid in results- as the establishment of a
based budgeting and one-stop shop for victims Congress carries with it a
monitoring. of child abuse in every huge role in creating this
LGU, covering medical, environment being one of
4. On programmatic focus, legal, and social services the primary duty-bearers
processes, and protocols and assistance. This will that crafts the legislative
ensure more cohesive framework for child
Given the varying and efficient action as far protection around which
programs and protocols as local service providers society, as a whole, should
hinged within each child are concerned, not to function.
protection law that LGUs mention better case
will need to implement, management in terms of The year 2016 presents the
an updating of all minimizing trauma on the most opportune time for the
relevant DILG issuances part of the victim. 17th Congress to exercise its
on child protection may policymaking and oversight
be necessary. This will In the long run, this roles. Not only is Congress
include developing may be institutionalized newly convened and in
an omnibus set of through a national law. the process of building its
guidelines particularly legislative agenda, but so
16 PLCPD POLICY BRIEF | Improving National and Local Systems and Capacities Towards Better Child Protection in the Philippines

is the national government should help bridge current Filipino child: a protective,
with its executive agenda. gaps and challenges in the safe, and caring environment
With the new Administration implementation of child is much more within their
and the drafting of the 3rd protection laws particularly reach.
National Plan of Action their effective localization by
for Children and the 4th local government units, and
Comprehensive Program on ultimately, for the benefit of
Child Protection, Congress children in the Philippines.
can already introduce Now more than ever
legislative measures that presents much hope for the

PEOPLE COUNT
PLCPD POLICY BRIEF
July 2016
Since 1989

Editor: Ma. Aurora O. Quilala PLCPD


Layout: Dodie Lucas Philippine Legislators Committee
on Population and Development
Foundation, Inc.

Cover photo: Billy de la Rosa

This policy brief was produced by PLCPD Foundation, Inc. with the support of UNICEF Philippines. The views
expressed in this publication do not necessarily reflect the official position of UNICEF.

Unit 3C, 3/F La Residencia Building, 114 Maginhawa St., Teachers Village East, Quezon City 1102 Philippines
Tel. No.: (+632)709 6480 (+632) 281 6253
E-mail: plcpdfound@plcpd.org.ph
Website: http://www.plcpd.org.ph
Executive Director: Romeo C. Dongeto

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