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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
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
Actors and
contexts
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:
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
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
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
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
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