1

2 PROVINCIAL ORDINANCE NO. __

3
4 AN ORDINANCE ENACTING THE COMPREHENSIVE CHILDREN’S WELFARE
5 CODE OF THE PROVINCE OF CAVITE, AS AMENDED
6
7 ARTICLE 1
8
9 TITLE, LEGAL MANDATES, DECLARATION OF POLICIES AND PRINCIPLES,
10 PURPOSES AND DEFINITION OF TERMS
11
12 Section 1. TITLE. This Ordinance shall be known and cited as the
13 “COMPREHENSIVE CHILDREN’S WELFARE CODE OF THE
14 PROVINCE OF CAVITE, AS AMENDED”;
15
16 Section 2. LEGAL MANDATES. The adoption of this Children’s Code is in line
17 with the Provincial promotion of children’s welfare as embodied in the
18 following local and national mandates and policies, and international
19 commitments:
20
21 1) Local Laws and Policies
22
23 a. Provincial Ordinance No. 98-002: An Ordinance
24 Requiring Salt Producers, Traders/Suppliers to sell only
25 Iodized Salt and All Food Establishments such as
26 Restaurants, Canteens, Hotels, Caterers, Hospitals and
27 Other Food Outlets as well as Food Manufacturers to use
28 Iodized Salt.
29
30 b. Provincial Ordinance No. 2012-028: An Ordinance
31 Establishing a Violence Against Women and Their
32 Children (VAWC) Desk in Every Barangay within the
33 Territorial Jurisdiction of the Province of Cavite
34
35 c. Provincial Ordinance No. 2013-026. An Ordinance
36 Requiring All Elementary and Secondary Schools to
37 include at least two (2) Historical Places in the Province of
38 Cavite as Part of their Educational Field Trips
39
40 d. Provincial Ordinance No. 105: An Ordinance Declaring
41 November 25 of Every Year as Consciousness Day for
42 Elimination of Violence Against Women and Children of
43 the Province of Cavite
44
45 e. Provincial Ordinance No. 107: An Ordinance Mandating
46 All Companies Operating in the Province of Cavite to
47 comply with the Age Requirement on Employment and
48 Policy on Child Labor, As provided Under Presidential
49 Decree No. 442, Otherwise Known as the Labor Code of
50 the Philippines and Other Pertinent Laws
51
52 f. Provincial Ordinance No. 108: An Ordinance declaring
53 the Month of December of Every Year as Firecracker
54 Injury Prevention Month
55
56 g. Provincial Ordinance No. 117: An Ordinance Declaring
57 the Second Week of February of Every Year as “Provincial
58 Awareness Week for the Prevention of Child Sexual Abuse
59 and Exploitation in the Province of Cavite”
60
 61 h. Provincial Ordinance No. 137: An Ordinance declaring
62 the Month of June Every Year as Provincial Dengue
63 Awareness Month in the Province of Cavite
64
65 i. Provincial Ordinance No. 139: An Ordinance Requiring
66 Posting of Notice and Information Regarding Child
67 Protection on Establishments Whose Operation of Business
68 are Prejudicial to the Development and Welfare of Minors
69 and Providing Penalties in Violation Thereof
70
71 j. Provincial Ordinance No. 175: An Ordinance
72 Establishing a Comprehensive Maternal, Neonatal and
73 Child Health and Nutrition (MNCHN) Policy in the
74 Province of Cavite
75
76 k. Provincial Ordinance No. 212: An Ordinance Mandating
77 the Establishment of Lactation Stations in All Private and
78 Government Institutions in the Province of Cavite
79
80 2) National Laws and Issuances
81
82 a. Presidential Decree 603: Children and Youth Welfare Code
83
84 b. Republic Act No. 4136: An Act to Compile the Laws Relative
85 to Land Transportation and Traffic Rules, To Create a Land
86 Transportation Commission and For Other Purposes
87
88 c. Republic Act No. 6972: Barangay Level Total Development
89 and Protection of Children Act
90
91
92 d. Republic Act No. 7183: An Act Regulating the Sale,
93 Manufacture, Distribution and Use of Firecrackers and Other
94 Pyrotechnic Devices
95
96 e. Republic Act No. 7277: An Act Providing for the
97 Rehabilitation, Self-Development and Self-Reliance of
98 Disabled Person and Their Integration into the Mainstream of
99 Society and For Other Purposes
100
101 f. Republic Act No. 7610: An Act providing for stronger
102 deterrence and special protection against child abuse,
103 exploitation and discrimination, providing penalties for its
104 violation and for other purposes
105
106 g. Republic Act No. 8172: An Act Promoting Salt Iodization
107 Nationwide and for Related Purposes
108
109 h. Republic Act No. 8044: Youth in Nation-building Act of 1995
110
111 i. Republic Act No. 8552 or the Domestic Adoption Act of
112 1998: An Act Establishing the Rules and Policies on the
113 Domestic Adoption of Filipino Children and for Other
114 Purposes
115
116 j. Republic Act No. 8750: An Act Requiring the Mandatory
117 Compliance By Motorists of Private and Public Vehicles to
118 Use Seat Belt Devices and Requiring Vehicle Manufacturers to
119 Install Seat Belt Devices in All Their Manufactured Vehicles
120
121 k. Republic Act No. 8976: An Act Establishing the Philippine
122 Food Fortification Program and for Other Purposes
123
124 l. Republic Act No. 8980: An Act Promulgating a
125 Comprehensive Policy and A National System for Early
126 Childhood Care and Development (ECCD), Providing Funds
127 Therefore and For Other Purposes
128
129 m. Republic Act No. 9165: An Act Instituting the Comprehensive
130 Dangerous Drugs Act of 2002
131
132 n. Republic Act No. 9208: Anti- trafficking in Person Act of
133 2003
134
135 o. Republic Act No. 9211: An Act Regulating the Packaging,
136 Use, Sale, Distribution and Advertisements of Tobacco
137 Products and For Other Purposes
138
139 p. Republic Act 9231:An Act eliminating the worst form of child
140 labor
141
142 q. Republic Act 9262: An Act Defining Violence Against
143 Women and Their Children Providing For Protective Measures
144 for Victims, Prescribing Penalties Therefor and For Other
145 Purposes
146
147 r. Republic Act No. 9288: An Act Promulgating a
148 Comprehensive Policy and a National System for Ensuring
149 Newborn Screening
150
151 s. Republic Act No. 9344 or the Juvenile Justice and Welfare
152 Act of 2006: An Act Establishing a Comprehensive Juvenile
153 Justice and Welfare System, Creating the Juvenile Justice and
154 Welfare Council Under the Department of Justice,
155 Appropriating Funds Therefor and For Other Purposes
156
157 t. Republic Act No. 9442: An Act Amending Republic Act No.
158 7277, Otherwise Known as the “Magna Carta for Disabled
159 Persons, And for Other Purposes”
160
161 u. Republic Act No. 9775: An Act Defining the Crime of Child
162 Pornography, Prescribing Penalties Therefor and For Other
163 Purposes
164
165 v. Republic Act No. 10028: Expanded Breastfeeding Promotion
166 Act of 2009
167
168 w. Republic Act No. 10070: An Act Establishing An Institutional
169 Mechanism to Ensure the Implementation of Programs and
170 Services for Persons with Disabilities in every province, city
171 and municipality
172
173 x. Republic Act No. 10152: An Act Providing for Mandatory
174 Basic Immunization Services for Infants and Children,
175 Repealing for the Purpose Presidential Decree No. 996, As
176 Amended
177
178 y. Republic Act No. 10165 or the Foster Care Act of 2012: An
179 Act to strengthen and propagate foster care for abused,
180 abandoned, neglected and other children with special needs,
181 providing appropriations therefore and for other purposes
182
183 z. Republic Act No. 10175: An Act Defining Cybercrime,
184 Providing for the Prevention, Investigation, Suppression and
185 the Imposition of Penalties Therefor and For Other Purposes
186
187 aa. Republic Act No. 10354: An Act Providing for a National
188 Policy on Responsible Parenthood and Reproductive Health
189
190 bb. Republic Act 10364: The Expanded Anti-Trafficking in
191 Person Act of 2012
192
193 cc. Republic Act 10398: An Act Declaring November Twenty-
194 Five of Every Year as “National Consciousness Day for the
195 Elimination of Violence Against Women and Children”
196
197 dd. Republic Act No. 10533: An Act Enhancing the Philippine
198 Basic Education System by Strengthening Its Curriculum and
199 Increasing the Number of Years for Basic Education,
200 Appropriating Funds Therefore and For Other Purposes
201
202 ee. Republic Act No. 10627: An Act Requiring All Elementary
203 and Secondary Schools to Adopt Policies to Prevent and
204 Address the Acts Of Bullying in their Institutions
205
206 ff. Republic Act No. 10630: An Act Strengthening The Juvenile
207 Justice System in the Philippines Amending for the Purpose
208 Republic Act No. 9344
209
210 gg. Republic Act No. 10742: Sangguniang Kabataan Act of 2015
211
212 hh. Republic Act No. 10754: An Act Expanding the Benefits and
213 Privileges of Persons with Disability (PWD)
214
215 ii. Republic Act No. 10821: Children’s Emergency Relief and
216 Protection Act
217
218 jj. Republic Act No.11037: An Act Institutionalizing a National
219 Feeding Program for Undernourished Children in Public Day
220 Care , Kindergarten and Elementary Schools to Combat
221 Hunger and Undernutrition among Filipino Children and
222 Appropriating Funds Therefor
223
224 3) International Commitments
225
226 a. United Nations Convention on the Rights of the Child
227 (1989). The UNCRC is a human rights treaty which sets out
228 the civil, political, economic, social, health and cultural rights
229 of children. The convention recognizes the children’s rights to
230 survival, development, protection and participation.
231
232 a. Article 19. State parties shall take all appropriate
233 legislative, administrative, social and educational
234 measures to protect the child from all forms of physical
235 or mental violence, injury or abuse, neglect or negligent
236 treatment, maltreatment or exploitation, including
237 sexual abuse while in the care of parent/s, legal
238 guardian/s or any other person who has the care of the
239 child.
240 b. Article 39. State parties shall take all appropriate
241 measures to promote physical and psychological
242 recovery and social reintegration of a child victim of:
243 any form of neglect, exploitation or abuse; torture or
244 any other form of cruel, inhuman or degrading
245 treatment or punishment; or armed conflicts. Such
246 recovery and reintegration shall take place in an
247 environment which fosters the health, self-respect and
248 dignity of the child.
249
250 b. Optional Protocol to the Convention on the Rights of the Child
251 on the Sale of Children, Child Prostitution and Child
252 Pornography
253
254 c. International Labor Organization (ILO) Convention No.182 on
255 the Elimination of the Worst Forms of Child Labor
256
257 d. Convention Against Transnational Organized Crime
258
259 Section 3. DECLARATION OF POLICIES AND PRINCIPLES.The Provincial
260 Government of Cavite (PGC) recognizes the vital role of children in
261 developing the province and shall promote and protect their physical,
262 moral, spiritual, intellectual, and social well-being. It shall inculcate in the
263 children the patriotism and nationalism, and encourage their involvement
264 in public and civic affairs.
265
266 The Provincial Government also recognizes that the children have rights
267 as provided in the UNCRC and other international and national laws.
268
269 The Province of Cavite recognizes the importance to promote, enhance
270 and institutionalize the rights for survival, development, participation and
271 protection of the children within the framework of advancing their general
272 welfare.
273
274 The PGC believes in the holistic protection and development of all
275 children that can be attained through a strong partnership between and
276 among with government agencies, Non-Government organizations
277 (NGOs) and the private sectors serving with the highest degree of
278 professionalism and competence in an atmosphere of unity, solidarity and
279 teamwork.
280
281 Furthermore, the Provincial Government shall ensure the adoption of all
282 local government units (LGUs), if applicable, all programs and projects
283 that will directly benefit and develop the children and their well-being.
284
285 Section 4. PURPOSES.This Code is enacted with the following purposes:
286
287 1) To ensure the protection of children against all forms of abuse,
288 neglect, violence and exploitation and discharge the principle of
289 restorative justice to children in conflict with the law;
290
291 2) To advocate for the rights of children of Cavite and promote their
292 welfare and development;
293
294 3) To ensure that children’s rights (survival, development, protection and
295 participation) are given priority attention both in the government and
296 in the civil society including compliance to national government
297 mandates and the United Nations Convention on the Rights of the
298 Child; and
299
300 4) To improve the quality of life of the Caviteño children enabling them
301 to fully develop their potentials and participate in community
302 undertakings and nation building.
303
304 Section 5. DEFINITION OF TERMS- As used in this Code, the following terms
305 shall mean as follows:
306
307 1. ABANDONED CHILD is one who has no proper parental care or
308 guardianship or whose parents have deserted him for a period of at
309 least three (3) continuous months which includes a foundling
310
311 2. ADOPTION is a socio-legal process of giving a permanent family to
312 a child whose parents have voluntarily or involuntarily given up their
313 parental rights.
314
315 3. ANTI-SOCIAL RELATED ACTIVITIES are those acts committee
316 against chastity and person which include, but not limited to, the
317 following: petty prohibited drugs, selling illegal or lewd reading
318 materials, pimping for young and old prostitutes and sexual
319 perversions, doing or participating in obscene shows and gambling of
320 any form
321
322 4. BENEFIT DANCE refers to any activity which requires a woman or
323 child to dance in order to raise funds.
324
325 5. BEST INTEREST OF THE CHILD refers to the totality of the
326 circumstances and conditions most congenial to the survival,
327 protection and feelings of security of the child and most encouraging
328 to the child’s physical, psychological and emotional development. It
329 also means the least detrimental available alternative for safeguarding
330 the growth and development of the child.
331
332 6. CHILD refers to a person under the age of eighteen (18) years and
333 those are over eighteen years but are unable to fully take care and/or
334 protect themselves from abuse, neglect, cruelty, exploitation or
335 discrimination because of a physical or mental disability or
336 condition.(RA 7610)
337
338 7. CHILD ABUSE refers to the maltreatment or ill-treatment, whether
339 habitual or not, inflicted to the child. Included in the definition are any
340 of the following:
341
342 a) Psychological and physical abuse, neglect, cruelty, sexual abuse
343 including those done through the internet and emotional
344 maltreatment;
345 b) Any act by deeds or words which debases, degrades or demeans
346 the extrinsic or intrinsic worth and dignity of child as a human
347 being;
348 c) Unreasonable deprivation of his or her basic needs whether
349 survival, development, protection and participation rights.
350 d) Failure to immediately give medical treatment to an injured child
351 resulting in serious impairment of his or her growth and
352 development or in the child’s permanent incapacity or death
353 (Sec. 3 [b], RA 7610)
354
355 8. CHILD DEVELOPMENT CENTER (previously known as DAY
356 CARE CENTER) is a facility where day care services are provided
357 by an accredited child development worker/ teacher (previously known
358 as day care worker) particularly to three to four (3-4) years old
359 children
360
361 9. CHILD PROTECTION Preventing and responding to violence,
362 exploitation and abuse against children – including commercial sexual
363 exploitation, trafficking, child labor and harmful traditional practices,
364 such as female genital mutilation/cutting and child marriage.
365
366 10. CHILDREN AT RISK refers to children who are vulnerable to, or at
367 risk for being influenced, violate the ordinances enacted by local
368 government, exploited and/or abused by reason of any personal or
369 family or social circumstances such as, but not limited to the
370 following:
371 a. Coming from a dysfunctional or broken family or without a
372 parent or guardian;
373 a. Child prostitution, statutory rape and any forms of sexual
374 abuse;
375 b. A community with high level or criminality and drug
376 addiction;
377 c. Being affected by armed conflict-related conditions;
378 d. Exposure to working conditions hazardous to health, safety
379 and morals which unduly interfere with their normal
380 development;
381 e. Exposure to street life whether in the urban or rural areas in
382 order to earn a living (child labor);
383 f. Extreme discrimination, being children of indigenous
384 people or with disability/special needs;
385 g. Living condition is in extreme poverty and deprived of
386 access to basic services;
387 h. Being a victim of human induced or natural disaster or
388 calamity (children in emergencies and victims of
389 trafficking after a disaster strike or even at normal
390 circumstances);
391 i. Analogous circumstances which endanger the life, safety
392 and normal development of children.
393
394 11. CHILDREN IN CONFLICT WITH THE LAW refers to a child
395 who is alleged as, accused of, or adjudged as, having committed an
396 offense under Philippine laws.
397
398 12. CHILDREN IN NEED OF SPECIAL PROTECTION (CNSP)
399 refer to children living under circumstances which gravely threaten
400 endanger their survival and normal development as defined to include
401 children in worst forms of children labor, neglected and abandoned
402 children, street children, victims of commercial and sexual
403 exploitation, victims of child abuse, children associated with armed
404 forces or armed groups, children in situations of armed conflict,
405 children in conflict with law, children in various forms of disability
406 and children of indigenous people
407
408 13. CHILDREN WITH DISABILITIES refers to children with either
409 physical or mental infirmities whether congenital or acquired after
410 birth.
411
412 14. CHILDREN’S PROTECTION DESK is a section in police stations
413 specifically manned by police officers trained in dealing with child
414 cases
415
416 15. COMMITMENT is the legal act of entrusting a child to the care of
417 the Social Service Development Department or any duty license
418 similar child placement agency or individual
419
420 16. COMMUNITY-BASED PROGRAMS refers to the programs
421 provided in a community setting developed for purposes of
422 intervention and diversion, as well as rehabilitation of the child
423
424 17. COMMUNITY REINTEGRATION PROGRAMS refers to
425 programs established for the purpose of rehabilitating and preparing
426 the child to go back to the community without any prejudice and
427 discrimination.
428
429 18. CYBER BULLYING refers to any bullying done through the use of
430 technology or any electronic means.
431
432 19. DAY CARE is the provision of substitute parental care and
433 stimulating experiences for the development of children from three to
434 four (3-4) years old when their parents are unable to take care of them
435 during any part of the day because of work or some other legitimate
436 situations
437
438 20. DEVELOPMENT RIGHTS pertain to the access of a child to
439 educational opportunities, access to relevant information, play, leisure,
440 cultural activities and the right to freedom of thought, conscience and
441 religion that are meaningful to the achievement of their fullest
442 potential
443
444 21. DISCRIMINATION is when a child is considered in an extremely
445 difficult circumstance.
446
447 22. DIVERSION refers to an alternative, child-appropriate process of
448 determining the responsibility and treatment of a child in conflict with
449 the law on the basis of his/her social, cultural, economic,
450 psychological or educational background without resorting to formal
451 court proceedings.
452
453 23. DIVERSION PROGRAMS refers to programs that children in
454 conflict with the law are required to undergo after they are found
455 responsible for an offense, without undergoing formal court
456 adjudication
457
458 24. EMERGENCY FOSTER CARE is the immediate placement of a
459 child to either a licensed or not licensed foster family due to the urgent
460 need of the child to be under immediate substitute parental care.
461
462 25. FOSTER CARE is the provision of planed substitute parental care to
463 a child by a foster parent/s.
464
465 26. FOSTER PARENT is a person duly licensed by the DSWD to
466 provide foster care.
467
468 27. GROOMING refers to the act of preparing a child or someone who
469 the offender believes to be a child for a sexual activity or sexual
470 relationship by communicating any form of child pornography. It
471 includes online enticement or enticement through any other means.
472
473 28. INTERVENTION refers to a series of activities designed to address
474 issues that caused the child to commit an offense. It may take the form
475 of an individualized treatment program, which may include
476 counseling, skills training, education, and other activities that will
477 enhance his/her psychological, emotional and psycho-social well-
478 being.
479
480 29. INTENSIVE JUVENILE INTERVENTION AND SUPPORT
481 CENTER (IJISC) – refers to a special program or unit within the
482 residential facility or any child-caring facility of the DSWD or
483 licensed and accredited NGOs, to address the needs of the CICL for
484 intensive programs and services.
485
486 30. FAMILY is the basic unit of society and the venue of primary
487 socialization and formative years of children
488
489 31. FIRE CRACKERS are those loud, explosive fireworks typically
490 wrapped in paper and lit with a fuse like baby rocket, bawang, small
491 triangulo, Judas belt, and the like.
492
493 32. KATARUNGANG PAMBARANGAY refers to Sections 399-422 of
494 the Local Government Code of 1991 which is commonly known as the
495 KatarungangPambarangay Law that is responsible in the resolution of
496 conflicts within the Barangay, except, domestic disputes.
497
498 33. LURING refers to the act of communicating, by means of a computer
499 system, with a child or someone who the offender believes to be a
500 child for the purpose of facilitating the commission of a sexual activity
501 or production of any form of child pornography.
502
503 34. NEGLECTED CHILD is one whose basic needs have been
504 deliberately unattended or inadequately attended within a period of
505 three (3) continuous months. Neglect may occur in two ways:
506 a. Emotional neglect exist when children are maltreated,
507 raped or seduced; when children are exploited, overworked
508 or made to work under conditions not conducive to good
509 health, or are made to beg in the streets or public places or
510 when children are in moral danger or exposed to gambling
511 prostitution and other vices
512 b. Physical neglect exists when the child is malnourished, ill
513 clad and without proper shelter.
514
515 35. NEWBORN SCREENING refers to a mandatory procedure to find
516 out if a baby has a congenial metabolic disorder that may lead to
517 mental retardation or even death, if left untreated.
518
519 36. PANDERING refers to the act of offering, advertising, promoting,
520 representing or distributing through any means, any material or
521 purported material that is intended to cause another to believe that the
522 material or purported material contains any form of child pornography,
523 regardless of the actual content of the material or purported material.
524
525 37. PARTICIPATION RIGHTS mean opportunities to children to take
526 an active role in their respective communities and the entire province,
527 that a child is aware of, informed about and encouraged to
528 communicate his/her views about a topic and matters that pertains to
529 them, and this could result in decisions that will significantly impacts
530 his/her and other children’s survival, holistic development, protection
531 and involvement in their families, respective communities and entire
532 province. The freedom to express their opinions and can make
533 decisions affecting their own lives. To take active part in associations
534 and to assemble peacefully; the right to privacy; the right to age-
535 appropriate and culturally sensitive information, all in accordance to
536 the child’s evolving capacity.
537
538 38. PROTECTION RIGHTS cover circumstances such as special care
539 for refugee children, protection from torture and all forms of abuses,
540 involvement in armed conflict, child labor, drug abuse and sexual
541 exploitation that children be safeguarded
542
543 39. PYROTECHNIC DEVICES are those materials or devices capable
544 of undergoing self-contained and self sustained exothermic chemical
545 reactions for the production of heat, light, gas, smoke and/or sound
546 like sparklers, luces, fountain, mabuhay, trompillo and the like.
547
548 40. RECOGNIZANCE refers to an undertaking, in lieu of a bail bond,
549 assumed 49 by a parent or custodian, who shall be responsible for
550 ensuring the 50 appearance in Court of the child in conflict with the
551 law, whenever required
552
553 41. RESTORATIVE JUSTICE refers to an approach that emphasizes the
554 ways to heal the tainted relationships of people in the community
555 caused by a criminal act, a process by which the offender can mend the
556 harm he/she has inflicted to the victim and the community and the
557 assurance that the offender can go back to the community without any
558 prejudice and discrimination after going through juvenile delinquency
559 preventive activities.
560
561 42. SCHOOL DAYS are days from Mondays to Fridays where classes are
562 to be held, excluding national and local holidays, and those days that
563 classes are suspended as declared by proper authorities
564
565 43. STREET CHILDREN refers to children who stay most of the time
566 on the streets and in public places and are engaged, while in the
567 streets, in varied types of activities other than engaging in economic
568 activities to earn. In the Philippines, street children can be categorized
569 into:
570
571 a) Children on the street- these are children who spend a majority of
572 their time on the street because that is where they earn their
573 livelihood. These children normally return to home to
574 communities and/or their families on a regular basis. These
575 children are often “in school”.
576 b) Children of the street- these are children who spend most of their
577 time on the street, living, working or playing. They have families
578 in communities but return home infrequently or not at all.
579 Generally, children of the street are not in school. They have
580 often chosen to live on the street because of problems at home
581 including extreme poverty, violence and substance e abuse.
582 Children of the street includes:
583
584 b.1 Abandoned and neglected children- this a group
585 of children who are on the street because they have
586 no families, have been abandoned or neglected by
587 their families or have been displaced from their
588 families. They maintain no connection with their
589 families. They live and work on the streets and are
590 normally out of school.
591
592 b.2 Children of street families- these are children
593 who live with their families on the street. Their
594 families have often been homeless for a long period
595 of time and they earn their livelihood on the streets.
596 Many of these families make their homes in wooden
597 pushcarts, moving from place to place around the
598 city.
599
600 44. SURVIVAL RIGHTS covers children’s rights to life and their basic
601 needs necessary for existence; these include an adequate living
602 standard, shelter, nutrition and access to medical assistance.
603
604 45. YOUTH are those persons whose age rangers from fifteen (15) to
605 thirty (30) years old. The youth shall include but not limited to the
606 following sub-sectors: in-school youth, out-of-school youth, working
607 youth and youth with special needs.
608
609
610 ARTICLE II
611
612 RIGHTS AND OBLIGATIONS OF THE CHILD
613
614 Section 6. RIGHTS OF THE CHILD. Every child shall be entitled to the rights
615 herein set forth without distinction as to legitimacy, sex social status,
616 religion, political antecedents, and other factors:
617
618 1) To be born well;
619 2) To have a name and a nationality;
620 3) To be free;
621 4) To have a family;
622 5) To have a good education;
623 6) To have enough food and have a healthy and active body;
624 7) To be given opportunity for play and leisure;
625 8) To be given protection against abuse, danger and violence;
626 9) To live in a peaceful community;
627 10) To be assisted and defended by the government, and
628 11) To be able to express their own views.
629
630 Adopting the UNCRC, the Provincial Government recognizes that every
631 child has the following rights classified into four (4), Survival Rights,
632 Development Rights, Protection Rights and Participation rights.
633
634 Section 7. RESPONSIBILITIES OF THE CHILD. Every child, regardless of the
635 circumstances of birth, sex, social or economic status, religion, political
636 affiliations and other significant data shall:
637
638 1) Respect and follow the Divine and Human laws of the Land as well as
639 the customs and traditions of the ethnic group that he/she belongs in a
640 democratic principle;
641 2) Love, respect and obey parents and family elders and support family
642 endeavors that may strengthen family relationship;
643 3) Love and respect siblings as well and work with them to keep the
644 family harmonious, united and close-knit;
645 4) Strive to lead alife being upright, righteous, virtuous and conscientious
646 with the guidance of his/her religion, parents and other family mentor
647 and elders in the community;
648 5) Give premium attention for the development of his/her talents and
649 skills provided by the different learning institutions whether formal
650 education or alternative system suited to his/her abilities and
651 capacities in order that he/she may become useful and productive
652 citizen in the community;
653 6) Actively participate in community affairs and the promotion of youth
654 activities;
655 7) Respect the rights of other children and help in the preparation of a
656 peaceful community.
657
658 ARTICLE III
659
660 PROGRAMS AND SERVICES FOR CHILDREN
661
662 Section 8. COMPREHENSIVE PROGRAM FOR CHILDREN. The Province of
663 Cavite and its Component LGUs shall, within one (1) year from the
664 effectivity of this Code and every three (3) years thereafter, formulate a
665 comprehensive program for children covering at least a three-year period.
666 Such program shall include prevention on the violation children’s rights,
667 prevention of child abuse, juvenile delinquency, drug addiction, and other
668 children related problems.
669
670 Section 9. THE COMMUNITY APPROACH. The community approach shall be
671 given special attention in the comprehensive program for children. This
672 involves addressing community-wide issues and improving the over-all
673 environment of the neighborhood in order to prevent violations for
674 children’s right through mobilization of human resources within the
675 community. Volunteerism among members of the community to assist in
676 the implementation of the programs shall be encouraged and prioritized.
677 Community-based services and programs which respond to the special
678 need, problems, interest and concerns of young persons and which offer
679 appropriate counseling and guidance to children and their families should
680 be promoted, developed, supported or strengthened.
681
682 Section 10. PROCESS IN FORMULATING COMPREHENSIVE CHILDREN’S
683 PROGRAM – The process in coming up with Comprehensive Children’s
684 Program shall be participatory and consultative. The LGU in coordination
685 with the Local Councils for the Protection of Children (LCPC), shall call
686 on all sectors concerned, particularly child-focused institutions, NGOs,
687 peoples organizations, youth organizations, children’s council, educational
688 institutions, churches and other religious institutions, private institutions
689 and government agencies involved with children’s concerns, but not
690 limited to, the Local Social Welfare and Development Offices (LSWDOs),
691 Local Health Offices, and the Department of Education (DepEd) to
692 participate in the planning process, in coordination with the national line
693 agencies. The LGU should see to it that children participate in the
694 identification of needs, in the formulation, development and
695 implementation of these programs. The Comprehensive Children’s
696 Program shall be the basis for the formulation of the Local Development
697 Plan for Children and the Local Investment Plan for Children in the
698 Province.
699
700 Section 11. PERIODIC REVIEW AND ASSESSMENT OF THE
701 COMPREHENSIVE CHILDREN’S PROGRAM– The Comprehensive
702 Children’s Program shall be reviewed and assessed yearly by the LGUs in
703 coordination with the LCPC. The programs shall be reviewed by the
704 Provincial Council for the Protection of Children (PCPC) as to their
705 effectivity in preventing violation of children’s rights based on the
706 indicators identified in the program.
707
708 Section 12. PROGRAMS TO PREVENT VIOLATIONS OF CHILDREN’S
709 RIGHTS. Prevention programs which shall be an important component of
710 the Comprehensive Children’s Programs to be implemented by the LGUs
711 through the LCPC, schools, youth organizations and other concerned
712 agencies. These programs shall consist of three levels:
713
714 1) Primary Prevention – general program to promote social justice and
715 equal opportunity which tackle perceived root, causes of the violations
716 of children’s right such as poverty and other forms of marginalization;
717
718 2) Secondary Prevention – Enhancement program with focus onto
719 assisting children who are identified as being more particularly at risk
720 such as those whose parents are in special difficulty or are not caring
721 the children properly;
722
723 3) Tertiary Prevention – Skills Program schemes to avoid and prevent
724 violations of children’s rights to happen again.
725
726 In all three levels of prevention, official intervention should be
727 pursued primarily in the overall interest of the young person guided by
728 fairness and equity.
729
730 Section 13. PARENTING ORIENTATION SEMINARS/SESSIONS/TRAININGS
731
732 1) Parenting Orientation Seminars/Sessions/Trainings shall be integrates
733 into the curriculum of all primary and secondary schools in the
734 Province of Cavite subject to the Department of Education rules and
735 regulations.
736
737 2) Marriage license applicants shall be required to participate in a Pre-
738 Marriage Counseling with Gender and Sensitivity, among other
739 requirements, prior to the issuance of a marriage license by the office
740 of the Local Civil Registrar (LCR). This course becomes an integral
741 part of the existing family planning seminars on reproductive health
742 courses. The LCPCs in close coordination with the Provincial Health
743 Office (PHO) and the Provincial Population Office (PPO) shall update
744 the design of the family planning seminar in consonance with this
745 Ordinance.
746
747 3) As a follow up to paragraph (a) and (b), parents/guardians shall also be
748 required to participate in any Parenting Orientation
749 Seminars/Sessions/Trainings such as Responsible Parenthood and
750 Natural Family Planning Program, Parent Education Sessions (PES),
751 Enhancement and Reaffirmation of Parenting Abilities (ERPAT),
752 Family Development Sessions (FDS), Kalalakihang Tapat sa
753 Responsibilidad at Obligasyon sa Pamilya (KATROPA), Positive
754 Parenting and other similar parent education sessions containing
755 values formations initiated by other agencies.
756
757 4) LGUs shall enjoin couples and guardians of children to participate in
758 the Responsible Parenthood Movement initiated by the respective
759 LGUs in coordination with the Commission on Population and other
760 government and non-government entities/instrumentalities.
761
762 5) Such course may also be incorporated in Parent-Teacher Community
763 Association (PTCA) activities for the school year in the elementary
764 and high school levels.
765
766 Section 14. Implementing guidelines for the Parenting Orientation
767 Seminars/Sessions/Trainings shall be formulated by the LCPC within one
768 (1) year from the effectivity of this Code.
769
770 Section 15. The LCPC and the Offices of the LSWDO and City/Municipal Population
771 Offices shall initiate the designing of modules for any of the courses
772 referred in to Section 13 in close coordination with NGOs with child-
773 focused programs.
774
775 Section 16. The children’s program as embodied in the preceding articles shall be
776 implemented by the PGC including its component cities and
777 municipalities immediately upon approval of this Code.
778
779
780 ARTICLE IV
781
782 SURVIVAL RIGHTS OF CHILDREN
783
784 Section 17. Survival Rights ensure the child’s inherent right to life and to the needs
785 that are most basic to existence, the right to a name and to a nationality,
786 the right to identity and those dealing with parental and governmental
787 duties and obligations, adequate and decent standard of living, access to
788 basic health care and medical services, social security, and rehabilitation.
789 To this end, the Province shall continue to implement the following
790 projects and programs.
791
792 Section 18. PRIMARY HEALTH CARE. Primary Health Care is an approach to
793 essential health care based on practical, sound and socially acceptable
794 methods and technology made readily accessible to individuals and
795 families in the Barangay through their full participation and at affordable
796 cost. In primary health care, people in the barangays are empowered to
797 prioritize their health problems and address them accordingly. The
798 community in itself through the existing organizations such as women’s
799 organizations and child-focused organizations at the barangay level
800 participates in health planning with the LGUs. Implementation of health
801 programs and projects at the barangay level are made possible by the
802 Barangay Health Workers (BHWs), Barangay Nutrition Scholars (BNS)
803 and other health volunteers who are extension arms of the Midwives,
804 Nurses and Doctors of the Rural Health Units (RHUs). Health volunteers
805 and care givers organized by NGOs with child health programs shall
806 compliment with exiting health programs of the LGUs and shall be part of
807 the councils for synchronization of health interventions. The PGC shall
808 implement a primary health care program through the PHO in
809 coordination with or assistance of the City/Municipal Health Offices.
810
811 Section 19. The PGC shall ensure to the maximum extent possible the survival of the
812 child. The program on survival shall include the following:
813
814 1) Pre-natal care of all pregnant women, immunization of two (2) doses
815 of tetanus toxoid shall be administered. Based on the policies on the
816 nationwide implementation of the Expanded Program on
817 Immunization or AO No. 39 s-2003, women of child-bearing age (15-
818 49 years old) shall receive tetanus toxoid according to the five (5) dose
819 schedule. Distribution of ferrous sulfate with folic acid to pregnant
820 women in their trimester is necessary and promotion to exclusive
821 breastfeeding must be emphasized.
822
823 2) A reproductive health center, Basic Emergency Obstetrics and Neo-
824 Natal Care (BEMONC) for pregnant mothers for pre- natal and neo-
825 natal and, in the proper case, for delivery of the infant conditions
826 which will eliminate or minimize risks to mother and child: Provided,
827 the high- risks mothers shall be referred to the proper tertiary or
828 secondary care service personnel or facility and children who are at
829 risks from any condition or illness will be brought there to for care.
830
831 3) All LGUs are hereby encouraged to establish birthing clinic manned
832 by skilled and trained health personnel. All births shall be at birthing
833 clinic handled by trained personnel;
834
835 4) Compulsory compliance of newborn screening. Pursuant to RA 9288
836 known as the “Newborn Screening Act of 2004”, all newborn babies
837 should undergo newborn screening to determine congenital metabolic
838 disorder within 2 to 3 days after birth but not less than 24 hours from
839 birth. A trained physician, nurse, midwife or medical technologist will
840 collect blood samples for newborn screening. Newborn screening is
841 covered by Philhealth; a fee of PHP 600.00 is charged for non-
842 Philhealth members;
843
844 5) Monitoring of birth registration and the completion of the
845 immunization for the prevention of the seven (7) immunizable diseases
846 like tuberculosis in children, Hepatitis B, Diptheria, Pertussis, Tetanus,
847 Poliomyelitis and Measles before reaching the age of one (1) year;
848
849 6) Growth and nutritional monitoring with nutritional feeding at school
850 and community and supervision of nutritional intake at home. Annual
851 mass weighing and measurement of all children (0-59 months) must be
852 conducted to determine the prevalence of under nutrition at the
853 barangay level for assessment, planning and monitoring by the
854 Barangay Nutrition Committee. Monthly growth monitoring of
855 children must also be done. This activity must complement with other
856 activities like feeding program to priority targets.
857
858 7) Micronutrient supplementation such as provision of Vitamin A to 6 to
859 59 months old, micronutrient powder to 6 to 23 months, iron drops to
860 low birth weight infants and the use of iodized salt at the household
861 level as per RA 8172
862
863 8) Enforcement of RA 8976 and on the use and consumption of fortified
864 food products;
865
866 9) Pursuant to DOH Administrative Order No. 2009-0025 or Adopting
867 New Policies and Protocol on Essential Newborn Care, providing
868 globally accepted evidence-based essential newborn care focusing on
869 the first week of life;
870
871 10) Initiation of breastfeeding within one (1) hour after birth and exclusive
872 breastfeeding from birth to six (6) months and shall strictly be done
873 and introduction of complementary foods staring 6 months onwards
874 while continuing breastfeeding must be followed.
875
876 11) Mass drug administration (Deworming) to all children aged 1-4 years
877 old and school children (5-17 years old) must be done every six
878 months with the use of available Albendazole and/or Mebendazole.
879
880 12) Provision of dental health services to one (1) year to seventeen (17)
881 years old and pregnant women like basic oral health care and
882 education and counseling on health effects of tobacco smoking, diet
883 and oral hygiene;
884
885 13) Installation of women and children protection unit (WCPU)
886 particularly at the provincial hospital, Gen. Emilio Aguinaldo
887 Memorial Hospital;
888
889 14) Screening of children, preschoolers and primary schoolers through
890 urinalysis and accordingly treat with antibiotics the children with
891 positive findings or with urinary tract infection.
892
893 15) The Provincial Government through the Provincial/Municipal/City
894 Health Office and in coordination with Department of Education shall
895 provide Teen Health Kiosk in schools and health stations.
896
897 16) Implementation of programs, projects and activities to prevent and
898 treat Sexually Transmitted Diseases and Human Immunodeficiency
899 Virus among children
900
901 17) Cavite Kids Laban at Ayaw sa Bawal na Gamot (CKLAB) Program
902 aims to bring anti-drug abuse advocacy in school children and a
903 primary prevention activity to inculcate the skills of “Saying No” to
904 children as a firm foundation of preventive education
905
906 18) Provision of livelihood/skills training and financial assistance to minor
907 drug dependents
908
909 19) Provision of rehabilitation services to minor drug dependents
910
911 20) Integrated case management of the most common childhood problems
912 with focus on the most common cause of death and designed to
913 manage the sick children aged 1 week up to 5 years old. City Health
914 Office/Rural Health Unit program managers shall be trained to address
915 the needs in identifying and in familiarizing with the methods of
916 assessing, immunization and feeding.
917
918 21) Conduct of Rabies Prevention and Control Program awareness
919 campaigns to create awareness among children
920
921 22) Strengthen provision of services in Animal Bite Treatment Centers
922 through city/municipal health offices
923
924 23) Establishment of Barangay Dengue Brigade
925
926 24) Provision of Rapid Diagnostic Test (NS1) for immediate diagnosis of
927 Dengue Fever
928
929 25) Conduct of awareness campaigns in schools for the estblishment of
930 Little Dengue Brigade
931
932 26) Implementation of Lil’ KABs (Kalusugang Angkop sa Bata)which
933 focuses on the Go4Health Program: Go Sigla, Go Sustansya, Go
934 Smoke-free and Go-Slow sa Tagay campaign to promote and develop
935 healthy lifestyle during early years
936
937 27) Implementation of Prevention of Blindness Program which aims ti
938 empower communities to take proactive roles in the promotion of eye
939 health and prevention of blindness, reduce the prevalence of visual
940 disability in children through advocacy activities in schools and
941 identify children with disability for timely intervention
942
943 28) Implementation of Mental Health programs, projects and activities for
944 children
945
946 29) Implementation of programs, projects and activities to prevent and
947 treat tuberculosis (TB) among children
948
949 Section 20. PRIMARY HEALTH CARE PROGRAM. The Provincial Government
950 shall implement primary health care and nutrition programs for children in
951 coordination with the PHO. The LGUs shall establish Barangay Health
952 Stations (BHS) in all municipalities and cities that shall implement the
953 Primary Health Care Program. Each BHS shall be the center in
954 monitoring children’s health and nutritional well-being. A trained midwife
955 on Integrated Management of Childhood Illness (IMCI) will be tasked to
956 monitor child health in barangay level with a salary to commensurate the
957 task assigned.
958
959 Section 21. To further ensure the implementation of Section 18 and 19 of this Code,
960 the Province of Cavite and LGUs shall take appropriate measures:
961
962 1) To prevent and control diseases and malnutrition within the framework
963 of primary health care through the application readily available
964 technology and resources and provision of micronutrient supplements,
965 safe and clean drinking water taking into consideration the dangers and
966 of environmental pollution;
967
968 2) To establish a comprehensive Parents Orientation Development
969 Program which includes courses on reproductive health, child health
970 and nutrition and proper child rearing practices in the context of the
971 Filipino psychology;
972
973 3) To conduct massive information and education on breastfeeding,
974 utilizing existing reference materials for effective breastfeeding
975 education program and establishment of Milk Bank and Breastfeeding
976 Stations in accordance to the standards set by RA 10028 specifically
977 for working lactating mothers and mothers with nipple abnormalities.
978
979 4) To conduct regular environmental sanitation inspection on the
980 availability or sources of potable water supply.
981
982 5) To likewise conduct regular inspection of the presence of sanitary
983 toilets in every household
984
985 6) To allocate fund for the establishment of indigent fund to hospitals for
986 child patients of indigent parents needing the medical and professional
987 services.
 988
989 7) To require all Provincial, City, Municipal and Barangay Health
990 Workers to attend training courses on child and gender sensitivity to
991 be conducted by organizations duly accredited by the Provincial
992 Government.
993
994 Section 22. ESTABLISHMENT OF CHILDREN’S HOSPITAL OF CAVITE.
995 The Provincial Government of Cavite shall establish special hospital for
996 children that are accessible and affordable to the poor families. It shall
997 ensure pediatric assistance and families for the treatment of illness and
998 physical rehabilitation and referral of cases to other medical centers.
999
1000 Section 23. CHILD-FRIENDLY HOSPITALS AND CLINICS IN THE
1001 PROVINCE OF CAVITE. All hospitals and clinics in the Province of
1002 Cavite, whether public or private, shall set up Women and Child
1003 Protection Unit (WCPU) and child-friendly units to include rooming-in
1004 facilities and pediatric room with appropriate mechanisms, gadgets and
1005 equipments. Likewise, all hospitals with WCPU shall serve as a one-stop
1006 center for victims of violence against children and provide health, medico-
1007 legal, legal and psychosocial services. The PCPC shall establish a
1008 committee tasked to monitor and ensure the compliance of all hospitals
1009 and clinics in the province.
1010
1011 All private institutions, enterprises, offices, whether health or non-health,
1012 government offices and all Local Government Units within the Province
1013 of Cavite shall establish and maintain lactation stations with necessary
1014 equipment and facilities.
1015
1016 Section 24. ESTABLISHMENT OF COMMUNITY AND HOUSEHOLD
1017 BACKYARD GARDEN. All households within the barangay are
1018 encouraged to set up a backyard garden to produce organic and chemical
1019 free vegetables for healthy consumption. The Provincial Agriculture
1020 Office shall provide necessary seeds and seedlings and necessary technical
1021 assistance to the communities to provide the children with healthy foods.
1022
1023 Section 25. PROGRAM FOR CHILDREN WITH DISABILITIES. The Provincial
1024 Government of Cavite (PGC) shall make periodic child-focused and child-
1025 specific comprehensive survey on children with disabilities to monitor
1026 health and nutritional status in the province as basis for a more
1027 systematic coordination of services (health, nutrition and education) for
1028 children with disabilities. Comprehensive program for Children with
1029 Disabilities including the training program for educators and health
1030 professionals handling children with disabilities shall form part of the
1031 priority programs of the PGC.
1032
1033 ARTICLE V
1034
1035 DEVELOPMENT RIGHTS OF CHILDREN
1036
1037 Section 26. The Provincial government shall ensure the rights of a child to education,
1038 to develop his/her personality, talents and mental and physical abilities to
1039 the fullest extent. These also include participation in culture activities,
1040 access to appropriate and relevant information, and opportunities for rest,
1041 and leisure. The following are the development rights.
1042
1043 Section 27. RECOGNITION OF THE RIGHTS TO EDUCATION. The PGC
1044 recognizes the right of the child to education and to achieve progressive
1045 realization of these rights on the basis of equal opportunity and shall
1046 ensure to:
1047
1048 1) Make education free and compulsory according to age bracket based
1049 on K to 12 Program (RA 10533)
1050
1051 2) The Provincial Government shall ensure that all children of school age
1052 are provided with Kindergarten and 12 years of basic education (6
1053 years elementary, 4 years junior high school, 2 years senior high
1054 school) under the K to 12 curriculum, “to provide sufficient time for
1055 mastery of concepts and skills, develop lifelong learners, and prepare
1056 graduates for tertiary education, middle-level skills development,
1057 employment, and entrepreneurship.”
1058
1059 3) The Provincial Government shall support the Department of Education
1060 City and Division Offices in expanding education access to all types of
1061 learners, particularly those who do not or cannot have access to formal
1062 education, through the Alternative Learning System and/ or other
1063 modalities available.
1064
1065 4) The Provincial Government shall promote the creation of city/
1066 municipal literacy coordinating councils to deliver basic education
1067 services to out-of-school youth/ children/ adults especially persons
1068 with disabilities.
1069
1070 5) Likewise, the Provincial Government shall also extend its assistance in
1071 establishing Special Education (SPED) centers and mainstreaming
1072 inclusive education in all public and private educational institutions.
1073
1074 6) Make early childhood, elementary and secondary education available,
1075 accessible and free to every child.
1076
1077 7) The Barangay Council for the Protection of Children (BCPC) shall
1078 coordinate with the school authorities for learners who are at risk of
1079 dropping out, marginalized and ensure that learners will be given
1080 proper alternative delivery modes.
1081
1082 8) Promote and encourage the cooperation of non-government
1083 organizations, private and people’s organizations and other funding
1084 groups to provide financial assistance to less fortunate and deserving
1085 children.
1086
1087 Section 28. EARLY CHILDHOOD CARE AND DEVELOPMENT (ECCD). The
1088 PGC shall ensure the implementation of Early Childhood Care and
1089 Development Program for Children for zero to four (0-4) years old under
1090 the provisions of Republic Act 10410 and Republic Act 8990.
1091
1092 1) Early Childhood Care and Development Program. The early
1093 childhood care and development program which shall be supervised
1094 and implemented by the Department of Social Welfare and
1095 Development and Department of Education. Two or more of the
1096 following forms can exist in one center or venue depending on the
1097 needs of the children. In this case, the assistance of a parent volunteer
1098 is necessary. The early childhood care and development program shall
1099 include:
1100
1101 a) Center-Based Infant Care or Child Minding Centers. For
1102 children ages 0-3 years old. The facility can only accommodate
1103 a maximum of 10 children. It should be located near the
1104 workplace of the parents or it should have a strategic location.
1105
1106 b) Supervised Neighborhood Play (SNP).For children 2-4 years
1107 old. SNP provides children with early childhood enrichment
1108 activities together with older children through play activities.
1109 Each SNP may accommodated children of various ages, but
1110 should only have a maximum of 10 members.
1111
1112 c) Family Day Care Centers. Provide 0-4 years old children with
1113 temporary care and creative experiences in the home of an
1114 accredited family Child Care worker for a period of a few
1115 hours or whole day, while theirparemts are attending to
1116 important family matters. It serves 6 children at the most.
1117
1118 d) Child Development Centers (CDC previously known as Day
1119 Care Centers). Pursuant to Republic Act 6972, Day Care
1120 Centers shall be set up in every barangay. The number of
1121 centers shall depend on the number of children, preferably
1122 proportionate to a ratio of 1:30 of center to children especially
1123 in heavily populated sitios/puroks. Specifically, the Day Care
1124 center aims to help the child to:
1125  Become physically fit through proper care and
1126 nutrition,
1127  Develop self-confidence, self-statement and self-
1128 discipline
1129  Relate well with others,
1130  Develop the child’s mental, intellectual, verbal and
1131 psychomotor skills
1132  Develop strong spiritual, socio cultural and nationalistic
1133 value as well as positive attitudes towards the family,
1134 community and society in general,
1135  Be protected from all forms of neglect, abuse, cruelty
1136 exploitation.
1137
1138 e) Establishment of Standard CDC:
1139
1140  The barangay is enjoined to establish the standard day
1141 care structure with the dimension of 6 meters x 8 meters
1142 (48sq. meters) and the prescribed standard playground
1143 and child-friendly facilities such as swing, see-saw and
1144 slides.
1145
1146  The center must be situated in a safe area and enclosed
1147 with a perimeter fence.
1148
1149 f) Child Development Workers (CDWs previously known as Day
1150 Care Workers). Has a Bachelor’s Degree in any field,
1151 completed basic trainings or seminars related to ECCD or
1152 Early Childhood Education (ECE), Skills on community
1153 mobilization and effective oral communication, experienced
1154 working with children, demonstrated love for children and a
1155 barangay certificate/ NBI Clearance with three (3) character
1156 references. .(Standards and guidelines for center- Based Early
1157 Childhood programs for 0 to 4 years old Filipino Children)
1158
1159 g) Child Development Teacher: Has a Bachelor’s Degree in
1160 Childhood Education or Elementary Education preferably with
1161 specialization on Early Childhood or any degree related to
1162 education like Bachelor’s degree in Psychology, Child Study,
1163 Family Life and Child Development among others, attended
1164 basic trainings or seminars related to ECCD or ECE, Skills on
1165 community mobilization and effective oral communication and
1166 preferably one who is computer literate, experience working
1167 with children, demonstrated love for children and a Barangay
1168 Certificate/NBI Clearance with three (3) Character reference.
1169 (Standards and guidelines for center- Based Early Childhood
1170 programs for 0 to 4 years old Filipino Children)
1171
1172 h) Recognition of Child Development Centers, Workers and
1173 Teachers. Every child development center, workers and
1174 teachers shall undergo an internal assessment by public/private
1175 internal assessment team and external assessment by the
1176 evaluators who are deputized representatives from
1177 PSWDO,C/MSWDO and Administrator/Director/Principal of a
1178 private CDC/Learning Center (LC) who shall recommend to
1179 the ECCD Council through the DSWD Regional Office the
1180 Conferment of Recognition one week after the assessment who
1181 comply with the requirements and Defer the Recognition of the
1182 CDC/LC that does not comply with the requirements in
1183 assessment
1184
1185 i) Accreditation Period and Security of Tenure. The period of
1186 accreditation shall be based on the result of the assessment on
1187 the service provider and the center by the evaluators based on
1188 the standards set. For purposes of the continuation and stability
1189 of the program, the Recognized CDW, Barangay Nutrition
1190 Scholar (BNS) and Barangay Health Workers (BHW) shall in
1191 no way be transferred, removed or suspended during the period
1192 of his/her accreditation without justifiable cause and due
1193 process.
1194
1195 j) The Provincial Government in cooperation with the national
1196 government agencies and other learning institutions shall
1197 establish training facilities for CDW which will enable them to
1198 earn unit’s equivalent to the units required by the DSWD for
1199 recognition of CDC and CDW.
1200
1201 k) Honorarium. The Barangay shall allocate funds for the
1202 monthly stipend to all child development workers based on the
1203 income classification of the barangay/city/municipality which
1204 shall be determined by the Sangguniang Barangay. The
1205 component cities/municipalities concerned may also provide
1206 additional incentives to their CDW and BNS. The Provincial
1207 Government shall provide incentives and/or honorarium to
1208 compensate for the services rendered by CDWs, BNS and
1209 BHWs subject to availability of funds.
1210
1211 l) Incentives, Awards and Recognitions. Barangay
1212 CDW/BNS/BHW with outstanding performance rating shall be
1213 given cash reward and/or other incentives by the Provincial,
1214 City and Municipal Government subject to the availability of
1215 funds. Reward shall be given during the Provincial Convention
1216 of CDW, BNS and BHW. There will be an annual search for
1217 the Most Outstanding Child Development Center/Worker,
1218 Barangay Nutrition Scholar and Barangay Health Worker.
1219
1220 m) Philhealth membership. The Child Development
1221 Workers/Barangay Nutrition Scholars/Barangay Health
1222 Workers shall be enrolled in PhilHealth program.
1223
1224 n) Child Development Workers/Teachers/Barangay Nutrition
1225 Scholars Manuals. A Revised Manual for Child Development
1226 Workers/Barangay Nutrition Scholars shall be provided by the
1227 Provincial Government in coordination with the Provincial
1228 Social Welfare and Development (PSWD) and National
1229 Nutrition Council (NNC).
1230
1231 o) Human Resource and Development Program for Child
1232 Development Workers. This refers to the competencies and
1233 continuing education of the service providers to be undertaken
1234 by the DSWD and/or the DepEd in coordination with the
1235 P/C/MSWDO.
1236
1237  Special Training of the Service Provider on Early
1238 Detection on development Disorder of Children and
1239 Child Protection
1240  Orientation Training and/or Review of the Revised
1241 Child Development Workers Manual
1242  Orientation Training of Child Development Workers on
1243 the Early Childhood Care and Development Checklist
1244  Orientation Training on Reviews guidelines on the
1245 Registration and Granting of Permit and recognition to
1246 Public and Private Child Development center/s
1247 Learning Center offering early Childhood Programs for
1248 0 to 4 years old Filipino Children
1249  Preschool (Kindergarten) aged 5 years old:
1250 o Institutionalization of Kindergarten based on the
1251 K to 12 Basic Education Program
1252 o Absorption of Kindergarten teachers into the
1253 regular teachers’ plantilla if qualified for the
1254 position according to DepEd standards
1255  All Child Development Workers and other Early
1256 Childhood Care teachers shall undergo training in Early
1257 Childhood Education Trainings/Courses in public or
1258 private institutions to ensure quality education for
1259 children.
1260
1261 2) Private Sector ECCD Program. Private sector programs are those
1262 funded and managed by private organizations and institutions, NGOs
1263 and POs duly recognized and/or accredited by national government
1264 agencies in accordance with the standard set by the national agencies
1265 in consonance with Republic Act No. 8980.
1266
1267 3) Institutionalization of the ECCD Program. The Early Childhood
1268 Care and Development Program shall be institutionalized in all cities
1269 and municipalities in the Province of Cavite.
1270
1271 4) Establishment of Headstart (For the Gifted and the Talented) and
1272 Special Education (SPED) Centers in Every City and
1273 Municipality. The DepEd with the assistance and support of the
1274 LGUs shall ensure that a Special Education Center be set-up in every
1275 city and municipality consistent with the Accessibility Law and Early
1276 Years Act of 2013. All children who are gifted or with special needs
1277 and children with disabilities shall be enrolled in Special Education
1278 Centers/Classes and ensure involvement and participation in any
1279 community/school programs and activities.
1280
1281 Section 29. KINDERGARTEN. The Provincial Government shall monitor the
1282 implementation of the ten-month program provided to children who are at
1283 least five years old in regular public and/ or private elementary schools,
1284 using thematic and integrative curriculum to ensure the holistic
1285 development of their foundation skills and values as a pre-requisite for
1286 Grade 1.
1287
1288 Section 30. ELEMENTARY AND SECONDARY EDUCATION. The Provincial
1289 Government shall ensure that all children of school age are provided
1290 with basic elementary and secondary education.
1291
1292 In coordination/consultation with DepEd, it shall be the duty of every
1293 barangay in the province to establish at least an annex public
1294 primary/elementary school to cater the needs of children in the remote
1295 areas. Likewise, every city/municipality shall set up at least one public
1296 High School and Integrated School.
1297
1298 The LGUs through the Local School Board (LSB) shall provide
1299 accessibility of schools for children by providing financial and/or material
1300 assistance in the construction, maintenance/repair and rehabilitation of
1301 school buildings and facilities.
1302
1303 The LGUs through the LSB shall monitor the compliance of DepEd order
1304 and issuances related to collection of fees.
1305
1306 The LGUs through the LCPC in coordination with NGOs and/or private
1307 organizations shall provide scholarships or educational assistance, but not
1308 limited to, school uniforms, school supplies and other innovative
1309 initiatives to indigent, but deserving children in public schools.
1310
1311 In partnership with the Local Health Board and Local Nutrition Council,
1312 the LGUs and the DepEd shall collaborate for the monitoring of health and
1313 nutritional status of children in schools; promotion of proper hygiene and
1314 sanitation; and establishment of hygiene and sanitation facilities such as
1315 hand washing facility, potable water, and separate sanitary toilets for boys
1316 and girls and the like.
1317
1318 Section 31. TERTIARY EDUCATION. The PGC shall establish a College
1319 Scholarship Program to encourage less fortunate but deserving senior high
1320 school graduates in the pursuit of their college education. Likewise, for
1321 those graduates pursuing college education in state colleges and
1322 universities, the PGC shall provide educational assistance.
1323
1324 Section 32. PROVISION OF SPORTS FACILITIES AND MUSICAL
1325 INSTRUMENTS AND OTHER SKILL-ENHANCING FACILITIES.
1326 Twenty percent (20%) of the 10% of the Sangguniang Kabataan Funds
1327 shall be used to provide sports facilities for children (ages 15-17 years old)
1328 such as, but not limited to basketball, badminton and volleyball courts,
1329 soccer fields and baseball diamonds.
1330
1331 Likewise, musical instruments shall also be provided such as guitars,
1332 drums and other instruments.
1333
1334 Provide funds from the LSB for sports facilities, equipment and musical
1335 instruments to schools that have facilities but are inadequate. Also, the
1336 funds from the Local School Board shall be allocated to procure skill-
1337 enhancing facilities like equipment used in dressmaking, carpentry, and
1338 other life skills activity integrated in the school curricula or under Home
1339 Economics.
1340
1341 Section 33. BARANGAY LEVEL RECREATIONAL AND CULTURAL
1342 FACILITIES AND PROGRAM- A barangay level program for the
1343 revival of indigenous games and recreation shall be installed. The
1344 Provincial Government through the Provincial Youth and Sports
1345 Development Office (PYSDO) in coordination with the Department of
1346 Education in the province shall undertake research and documentation of
1347 indigenous games and traditional sports pastimes.
1348
1349 Every barangay in the province shall allocate space for recreation facilities
1350 appropriate for different age groups. A year- round cultural program
1351 appropriate for different age groups shall be designed with due respect to
1352 cultural diversity.
1353
1354 Indigenous games shall be encouraged in various athletic and sports
1355 programs of the Provincial Government in coordination with the
1356 Department of Education, which will ensure that availability of public
1357 school grounds to the children in the community during summer school
1358 break.
1359
1360 The schools are encouraged to come up with summer activities
1361 programs of the duration of the summer vacation for his/her enrichment
1362 and social development.
1363
1364 The physical facilities of the schools must be utilized in order to help
1365 develop the skills of a child in sports, arts, dramatics, nature study,
1366 cooking, wood working and the like. Likewise, the inculcating of
1367 discipline and independence to the child must be emphasized.
1368
1369 Conduct of barangay level recreational and cultural activities shall be
1370 coordinated with City/Municipal Youth and Sports Development Offices.
1371
1372 Section 34. OUT-OF-SCHOOL CHILDREN. The Unlad Kabataan Program (UKP)
1373 should be strengthened. Said program shall ensure that skill straining and
1374 sports development shall be given to Out-Of-School Children (OSC). As
1375 much as possible, the skills training must be relevant to the talents,
1376 potentials and interests of the child.
1377
1378 The Provincial Federation President of the Sangguniang Kabataan,
1379 Federation Members of Children and Youth Associations, Pag-Asa Youth
1380 Association of the Philippines (PYAP) and the Provincial Social Welfare
1381 and Development Office are hereby mandated to formulate an annual plan
1382 for the out-of-school children that will benefit their respective community.
1383 Twenty percent (20%) of the 10% of the Sangguniang Kabataan Funds
1384 may be used for activities related to Alternative Learning System (ALS)
1385 and other activities of the association. Further, constant monitoring and
1386 evaluation of programs/projects implemented for OSCs shall be closely
1387 done by the PSWDO.
1388
1389 Section 35. BALIK-ARAL PROGRAM. In consonance with Education for All
1390 (EFA), the City and Municipal Government shall support the
1391 implementation of the Balik-Aral Program under the Alternative Learning
1392 System (ALS). The City and Municipal Government shall make yearly
1393 assessment of the number of children and youth that have stopped going to
1394 school and shall ensure they are informed of the Balik-Aral Program that
1395 could grant them opportunity to go back to school.
1396
1397 Section 36. SUPPORT TO EDUCATION PROGRAMS.
1398 Fund Appropriation. The Local School Board shall set aside appropriation
1399 from the Special Education Fund. Likewise, the LGUs shall allocate
1400 portion of their 20% component of the Internal Revenue Allotment for any
1401 or all of the following:
1402 1) Capability-Enhancement programs/training for teachers and parents
1403 2) Upgrading of school buildings, facilities and equipment’s with
1404 inclusion of children with disability
1405 3) Scholarship and training programs to deserving DepEd teachers
1406 including specialized team of educators handling Muslim and IP
1407 classes
1408 4) Program materials for preschool
1409 5) Reading literacy program for elementary school
1410 6) Development and production of contextualized children’s literature
1411 and relevant materials
1412 7) Strengthening of Local School Board
1413 8) Award system as incentive to high performing teacher/school
1414 9) Other educational related activities
1415
1416 The LSB Fund shall also be made accessible for all elementary and
1417 secondary schools.
1418
1419 Section 37. LOCAL CHILDREN’S LITERATURE. In support to the thrust for the
1420 socio-cultural development of children in the province, Local Government
1421 Units shall invest in the promotion and production of local literature for
1422 children and other relevant educational materials.
1423
1424 Section 38. CHILDREN’S SOCIO-CULTURAL HERITAGE AND
1425 RECREATIONAL PRIVILEGE. To encourage the awareness of the
1426 children to the socio-cultural heritage of this country, the Provincial
1427 Government of Cavite shall work upon the granting of privileges to
1428 bonafide students of public and private schools in the province in the form
1429 of discounts and/or free admissions to tourism sites, place of historical
1430 importance, movie houses showing Filipino movies and other related
1431 activities.
1432
1433 Section 39. EDUCATIONAL FIELD TRIP. The Provincial Government of Cavite
1434 values the great and significant contributions of Caviteños in the history of
1435 the country and promotes historical and cultural heritage. In the province,
1436 all elementary and secondary schools shall include at least two (2)
1437 historical places in the Province of Cavite as part of their educational field
1438 trips.
1439
1440 Section 40. SUMMER SCHOOLS SCOUTING, CHILDREN’S CAMP AND
1441 OTHER RELATED PROGRAMS. Recognizing the values of scouting
1442 and such other values formation and character building activities, the
1443 provincial government will support the conduct of such during the summer
1444 school break provided it is school based.
1445
1446 The school premises will be made available to the conduct of such
1447 programs that will develop the child’s values within the accepted scouting
1448 principles.
1449
1450 Section 41. SUMMER JOB FOR STUDENTS. The Public Employment and
1451 Services Office (PESO) shall have its facilities for the summer job of
1452 students and other student internship programs in order to augment the
1453 latter’s educational expenses during enrolment and for other educational
1454 purposes.
1455
1456 Section 42. EDUCATIONAL MATERIALS AND TECHNOLOGIES. The
1457 Provincial Library shall ensure that there are updated educational
1458 materials and technologies that will cater the needs of children/youth.
1459
1460 Section 43. OTHER CHILD-FRIENDLY FACILITIES. The Provincial
1461 Government and other Local Government Units in partnership with NGOs
1462 and Civic Organizations are also encouraged to put up and maintain other
1463 child-friendly facilities.
1464
1465 Section 44. ROLE OF PARENTS. Pursuant to the Child and Youth Welfare Code,
1466 all parents are required to enroll their children in schools to complete at
1467 least elementary education. All necessary assistance shall be given to their
1468 children in the form of school supplies, school uniforms or whatever
1469 constitutes as a barrier to a child’s regular attendance in schools or access
1470 to education.
1471
1472 Section 45. PRACTICE OF ONE’S CULTURE AND RELIGION. The right of the
1473 children to choose religious and cultural beliefs shall be respected.
1474
1475 ARTICLE VI
1476
1477 PROTECTION RIGHTS OF CHILDREN
1478
1479 Section 46. The Provincial Government shall protect the child from all forms of
1480 abuses and discrimination such as protection from cruelty, torture,
1481 arbitrary separation from family, abuse in the justice and penal system,
1482 involvement in armed conflict, child labor, drug abuse, sexual abuse, and
1483 exploitation.
1484
1485 Section 47. RESPONSIBLE PARENTING. Being a parent carries with it great
1486 responsibility. It is a role that cannot be played on the basis of chance. It
1487 involves skills, responsibilities and experiences in attending to and
1488 providing for the physical, emotional and spiritual needs of children.
1489
1490 Likewise, a value formation focusing on spiritual nurture shall be
1491 incorporated in the counseling sessions, health education classes, parent-
1492 teachers-community association assemblies and family development
1493 sessions initiated by the Provincial Social Welfare and Development
1494 Office (PSWDO).
1495
1496 Section 48. RESPONSIBILITY OF PARENTS/GUARDIANS/FAMILY. Family
1497 members and persons entrusted with the care and custody of children shall
1498 have the duties and responsibilities:
1499
1500 1) Refrain from using any form of physical, verbal, emotional and
1501 psychological abuse and corporal punishment towards their children
1502 instead use positive discipline.
1503 2) Educate themselves on all forms of abuse, neglect, exploitation and
1504 violence against children and to be aware of the safety measures as
1505 provided by the law.
1506 3) Provide equal, fair treatment to their children and care within their
1507 financial means and shall not make poverty the reason of neglecting
1508 and abandoning their responsibility towards their children.
1509 4) Provide adequate support to their children and not to force them to
1510 work for augmentation of family income and be exposed to hazard.
1511 Parents shall not alter or falsify nor conceal the age of their children in
1512 order to facilitate child’s employment
1513 5) Provide support to the gifted and children with disability with special
1514 attention, education and training by appropriate institutions private or
1515 government, depending on their capability or resources.
1516 6) Provide opportunity to children to express views, opinion and
1517 participate in decision making at home and will always consider the
1518 best interest of the child.
1519 7) Provide information and capacitate their children on what to do before,
1520 during and after a disaster strike their community. This not only refers
1521 to natural but with man-made disasters as well. Children must first be
1522 equipped by their parents on what to do and how to help themselves
1523 and others in times of disasters.
1524
1525 Section 49. MANDATORY REPORTING. It shall be the duty of every citizen who
1526 has personal knowledge of the facts and circumstances of the child
1527 suffering from any abuse, neglect, abandoned by his/her parents or
1528 guardian to immediately report the matter by any means to the nearest
1529 Office of the Provincial/City/Municipal Social Welfare and Development
1530 or any Police Station and other law enforcement agencies or to LCPC. The
1531 Provincial/City/Municipal Social Welfare and Development Office shall
1532 ensure that their communities are well-informed of what child protection
1533 is and the various issues on child abuse, as well as, the reporting
1534 mechanism, and process a citizen can follow.
1535
1536 Section 50. MANDATORY APPEARANCE DURING COURT HEARINGS. It
1537 shall be the duty of the government and private physician concerned to
1538 appear before the court with corresponding medical records and other
1539 pertinent documents to facilitate the resolution of the case per RA 9262
1540 and RA 9344 and failure to appear for the purpose, the Court shall issue
1541 summons to compel the persons concerned to appear in court.
1542
1543 Section 51. CREATION OF WOMEN AND CHILDREN PROTECTION DESK
1544 AND POLICE PROCEDURES. The PGC shall create at the provincial
1545 level a Women and Children Protection Unit (WCPU) which composition,
1546 functions, operations and programs shall be provided by the Philippine
1547 National Police Office (PNP).
1548
1549 Further, every police station in the province shall have a Women and
1550 Children Protection Desk tasked to handle cases involving children. Child-
1551 friendly police procedures as contained in the Police Handbook on Cases
1552 of Children in Especially Difficult Circumstances shall serve as the basic
1553 guideline in dealing with cases involving children. Each PNP
1554 element/personnel shall be provided a copy of the said handbook. The said
1555 section must be administered by a female police officer.
1556
1557 Section 52. STRENGTHENING OF THE LOCAL COUNCIL FOR THE
1558 PROTECTION OF CHILDREN (LCPC) AND THE BARANGAY
1559 COUNCIL FOR THE PROTECTION OF CHILDREN (BCPC).The
1560 PGC and the DILG shall ensure that every city, municipality and barangay
1561 have functional LCPC and BCPC.
1562
1563 Section 53. CHILDREN IN CONFLICT WITH THE LAW AND CHILDREN-
1564 AT RISK. The Provincial/City/Municipal Government in coordination
1565 with the Philippine National Police, Prosecutors Office, Department of
1566 Health, Provincial Social Welfare and Development and the Commission
1567 on Human Rights shall ensure that Children in Conflict with the Law
1568 (CICL) and Children at Risk (CAR) are protected from any form of abuse,
1569 exploitation and discrimination as provided for in the Comprehensive
1570 Juvenile Justice and Welfare Act of 2006 as amended by RA 10630:
1571
1572 1) Residential Care Facility for Children at Risk shall be established
1573 by the Provincial Government in coordination with PSWDO and in
1574 support of the City/Municipal Government to take care of children who
1575 have been apprehended and whose case is still pending before the Court or
1576 whose sentence has been suspended due to minority age. Further, a
1577 Residential Care Facility for Children at Risk and shall be equipped with
1578 necessary facilities and shall have. Intensive Juvenile Intervention &
1579 Support Center (IJISC).
1580
1581 2) Comprehensive Local Juvenile Intervention Program (CLJIP) shall
1582 be formulated by each LGU through the LCPC and in coordination with
1583 other stakeholders, NGOs and other child institutions in the locality for
1584 planning and implementation.
1585
1586 3) A certified and competent psychologist/psychiatrist shall be hired
1587 by the Provincial Government, and a Registered Social Worker to be hired
1588 by the respective LGUs to handle CICL and CAR cases as provided for in
1589 RA 9344.
1590
1591 4) Children admitted at the residential care facility shall be provided
1592 with the support services which include among others:
1593 a) Psychosocial or stress debriefing support services
1594 b) Practical Skills Development Training
1595 c) Personal Enhancement Training
1596 d) Livelihood Program, and
1597 e) Value Formation
1598
1599 5) The Provincial/City/Municipal and Barangay shall implement the
1600 Principle of Restorative Justice by requiring a process of resolving
1601 conflicts with the maximum involvement of the victim, abuser, parents
1602 and community. Reparation for the victims and reconciliation of the
1603 abuser to the offended party and the community shall be the ultimate goal,
1604 thereby effecting child’s reintegration into the society.
1605
1606 Section 54. COMPREHENSIVE EMERGENCY PROGRAM FOR CHILDREN.
1607 The fundamental rights of the children shall be protected before, during
1608 and after disasters and other emergency situations when children are
1609 gravely threatened or endangered by circumstances that affect their
1610 survival and normal development as stated in the implementing rules and
1611 regulations of RA 10821.
1612
1613 The Provincial Government shall establish and implement a
1614 comprehensive and strategic program of action to provide the children,
1615 pregnant and lactating mothers affected by disasters and other emergency
1616 situations with utmost support and assistance necessary for their
1617 immediate recovery and protection against all forms of violence, cruelty,
1618 discrimination, neglect, abuse exploitation and other acts prejudicial to
1619 their interest, survival, development and well-being.
1620
1621 Section 55. CURFEW HOURS FOR CHILDREN. Upon the discretion of each
1622 city/municipality and depending upon prevailing conditions, curfew hours
1623 for minors maybe imposed by such city/municipality subject to existing
1624 laws.
1625
1626 Section 56. PLAYING/SELLING/DISTRIBUTION OF VIDEO GAMES,
1627 MACHINES, FAMILY COMPUTERS AND SIMILAR ITEMS IN
1628 AMUSEMENT CENTERS, MALLS AND SIMILAR
1629 ESTABLISHMENTS
1630
1631 1) The operation of billiard hall or any kind of video machine, arcade,
1632 family/ personal computer used for games and other similar
1633 contraption within the radius of one hundred (100) meters from any
1634 educational or religious institution is prohibited. The distance shall be
1635 measured by tracing the access/route to the establishment.
1636
1637 2) Minors may be allowed to play in billiard halls and/or video game
1638 machines and other similar equipment at the above mentioned
1639 establishments during weekends only (Saturdays and Sundays) from
1640 8:00AM to 8:00 PM, subject to the limitations/ conditions herein
1641 provided.
1642
1643 3) Video games shall be categorized into:
1644 a) Puzzle
1645 b) Sports
1646 c) Fighting/Combat
1647 d) Action
1648 e) Racing
1649 f) Adventure
1650 g) Strategy
1651 h) Simulator
1652 i) Space combat
1653
1654 4) Video games shall be rated into:
1655 a) KF – Kid-friendly (non-violent)
1656 b) V – Violent
1657 c) UV – Ultra-violent
1658
1659 5) Children below 14 years old of age may play video games(nonviolent
1660 games) under the category of sports, adventure, racing, flight simulator
1661 and the likes, during the hours and days allowed under this code
1662
1663 6) Children 15 to 17 years old of age may play video games related as
1664 less violent games under the category of sports, adventure, strategy
1665 racing flight simulator and the likes, during the hours and days allowed
1666 under this code
1667
1668 7) Ultra-violent games defined those games that reveal on audio or video
1669 graphics profanity, bestiality and brutality such as the throwing of
1670 invectives, slandering, the breaking of limbs, and mutilation of
1671 dismemberment, spewing of blood, blasting of limb/ body with high
1672 power guns or equipment
1673
1674 8) The Local Regulatory Board, as may be created under the business
1675 permit and licensing offices at the city/municipal levels shall monitor
1676 and screen all video games animation and to rate or categorize a
1677 particular game or video, to implement the provision this code.
1678
1679 Section 57. GAMBLING, COCKPIT, MAHJONG, VIDEO KARERA AND
1680 OTHER GAMBLING PLACES. Children should be totally banned from
1681 direct or indirect participation, promotion and the like, from any form of
1682 gambling and betting. Children caught inside gambling premises shall be
1683 dealt with based on local ordinances without demeaning the dignity of the
1684 child.
1685
1686 Section 58. OWNER/S, OPERATOR/S, MANAGER/S OR ANY RESPONSIBLE
1687 PERSONS. The owner/s, operator/s, manager/s or any responsible person
1688 of a cockpit, mahjong parlor, funeral parlor (where gambling is being
1689 made during wake) and other gambling establishments, whether licensed
1690 or not, operating within the Province, shall be strictly prohibited from
1691 admitting or allowing children to enter/participate in the said
1692 establishment for business or profit and for whatever purpose.
1693
1694 Section 59. CORPORATE-OWNED GAMBLING ESTABLISHMENT. If a
1695 gaming place is owned by a corporation, the President or its Chief
1696 Executive Officer or any member of the Board of Directors who
1697 personally authorized, allowed, consented, or acted in conspiracy with the
1698 manager or any person responsible for the commission of the prohibited
1699 acts shall be also held criminally liable as principal.
1700
1701 Section 60. PERIODIC MONITORING. There shall be a Task Force created in each
1702 city/municipality which shall be mandated to conduct periodic monitoring
1703 at least twice a year at the karaoke/videoke bars and other establishment
1704 for the purpose of ensuring compliance of this Code. A report shall be
1705 submitted by the secretariat of the said taskforce to the Local LCPC.
1706
1707 Section 61. REGULATED ACTS OVER INTERNET CAFES AND
1708 COMMERCIAL VIDEO CENTERS. Owners of internet café and
1709 commercial video centers shall share the responsibility of promoting and
1710 protecting the best interest of children that facilitates their educational
1711 development.
1712
1713 Section 62. CONDITION FOR ADMISSION OF STUDENTS TO
1714 VIDEO/COMPUTER ESTABLISHMENT DURING SCHOOL
1715 HOURS. Any commercial video or computer establishment allowing
1716 children to enter the said establishments during school days pursuant to
1717 the authorized research or activity for educational purposes shall not be
1718 covered by this Code; provided that the student or group of students/pupils
1719 can present a school clearance or permit signed by the Principal or the
1720 Teacher-In-Charge.
1721
1722 For this purpose, the internet café owners are authorized to provide a
1723 maximum of two (2) hours for children to access the internet.
1724
1725 Section 63. PRIMA FACIE. In case that a child is found inside a commercial video
1726 or computer establishment, gambling, cockpit, mahjong, video karera and
1727 other gambling places including those corporate-owned gambling
1728 establishment, hotels, motels and lodging houses not accompanied by
1729 parent/guardian, there is a prima facie presumption that he/she managed
1730 his/her way in the admission or permission of the owner, operator or
1731 responsible person thereat.
1732
1733 Section 64. CHILD PORNOGRAPHY AND ONLINE SEXUAL
1734 EXPLOITATION. The Provincial Government protects every child from
1735 all forms of exploitation and abuse including the use of a child in
1736 pornographic performances and materials and the inducement or coercion
1737 of a child to engage or be involved in pornography through whatever
1738 means or any representation, whether visual, audio, or written combination
1739 thereof, by electronic, mechanical, digital, optical, magnetic or any other
1740 means, of a child engaged or involved in real or simulated explicit sexual
1741 activities.
1742
1743 Section 65. CYBER BULLYING. The Provincial Government should implement
1744 programs. Projects and activities that will keep children safer online and
1745 preventing any conduct resulting in harassment, intimidation, or
1746 humiliation, through electronic means or other technology such as, but not
1747 limited to, texting email, instant messaging, chatting, Internet, social
1748 networking websites, or other platforms or formats.
1749
1750 Section 66. INTERNET CAFÉ. Internet café owners are mandated to install parental
1751 control utilities/software in order to prevent children from accessing
1752 pornographic sites/materials and prevent the children to engage in any
1753 pornographic activities. Installation of private room is also prohibited.
1754
1755 Section 67. INTERNET CAFE SIGN. The internet café owners are mandated to post
1756 the following statement within their establishment “Access to
1757 Pornographic Sites and Materials are Prohibited in this Establishment”.
1758
1759 Section 68. POSTING OF NOTICE. Owners, proprietors or operator of retail, sari-
1760 sari, convenience store, groceries, bars and similar establishment are
1761 required to post the following notices on a conspicuous place in the
1762 establishment:
1763
1764 “Selling of beer, liquor and other intoxicating beverages,
1765 cigarette and other tobacco products to minors is strictly
1766 prohibited by law.”
1767
1768 “Ang pagbebenta ng beer, alak at iba pang nakakalasing na
1769 inumin, sigarilyo at iba pang produktong mula sa tabako sa
1770 menor de edad ay mahigpit na ipinagbabawal ng batas.”
1771
1772 The official and employees of the Business Permits and licensing
1773 office (BLPO), Cavite Office of Public Safety and Provincial
1774 Philippine National Police shall implement the provisions of the
1775 section.
1776
1777 Section 69. POSTING OF NO SMOKING SIGNAGES AND GRAPHIC
1778 HEALTH WARNING POSTERS. The owner of establishment offering,
1779 distributing or selling tobacco, alcohol products and other mind-altering
1780 substances to minors shall post warning signs at the conspicuous area in
1781 their establishment informing the public of its health hazards to minors.
1782
1783 Section 70. ROLE OF PROVINCIAL INFORMATION OFFICE AND
1784 SANGGUNIANG KABATAAN RELATIVE TO SMOKING BAN
1785 AND SELLING OF CIGARETTES AND LIQUORS. There shall be
1786 collaborative efforts of the Provincial Information Office and Sangguniang
1787 Kabataan Federations at all level for massive information dissemination
1788 on the negative effects of smoking among children.
1789
1790 Section 71. FIRECRACKERS AND PYROTECHNIC DEVICES SAFETY
1791 GUIDELINES. Retailers and sellers shall put signage warning children
1792 that they are not allowed to buy and use firecrackers and pyrotechnic
1793 devices.
1794
1795 Section 72. DRUG AND SUBSTANCE ABUSE. The PGC shall intensify campaign
1796 through for symposia and other activities against substance abuse either
1797 drugs or other addictive substances among children and using children as
1798 handler, dealer and seller of prohibited drugs in coordination with the PNP
1799 and LSWDO.
1800
1801 Section 73. SALE OF RUGBY OR SOLVENT. Hardware store and other
1802 establishment operating in Cavite Province are hereby prohibited from
1803 selling rugby or solvent to minors or to persons under eighteen (18) years
1804 of age, unless said minor is accompanied by his/her parents or person
1805 above 18 years old. Furthermore, said establishment are required to
1806 maintain a log where the name, address and purpose of the customer in
1807 buying the substance shall be recorded.
1808
1809 In case of an adult who wishes to buy rugby or solvent at their stores, the
1810 owner/s, operator/s, sales clerk/s, employees/representatives of the
1811 concerned establishment shall require the production of adequate
1812 identification to ascertain the true age of the customer.
1813
1814 Section 74. PROMOTION OF POSITIVE DISCIPLINE ND PROHIBITION OF
1815 CORPORAL PUNISHMENT. The PCPC shall develop a
1816 comprehensive program to promote positive discipline in lieu of corporal
1817 punishment of children. A continuing information dissemination campaign
1818 shall be conducted regarding benefits and long term effects to the child.
1819
1820 The use of corporal punishment which includes emotional, degrading and
1821 humiliating punishment on children shall be prohibited in the home, early
1822 childhood care and development facilities and child development centers,
1823 religious institutions, health care centers and facilities, community centers,
1824 sports centers, government units, and in other places where there are
1825 children. Parents, yayas, house helpers, and caregivers, foster parents,
1826 guardians, relatives who have custody of the child, or other persons legally
1827 responsible for the child including those exercising special or substitute
1828 parental authority, school teachers, personnel and officers of both public
1829 and private academic and vocational institutions, employers and
1830 supervisors, service providers, nuns, priests, pastors and other members of
1831 religious congregations or churches, or any other person under whose care
1832 the child has been entrusted to and who inflicts corporal punishment on
1833 the child shall be liable in accordance with existing penal laws.
1834
1835 Section 75. ESTABLISHMENT OF SCHOOL CHILD PROTECTION
1836 COMMITTEE (CPC). With reference to DepEd Child Protection Policy,
1837 all public and private elementary and secondary schools shall establish a
1838 Child Protection Committee composed of the following:
1839 a. School head – chairperson
1840 b. Guidance counselor/ teacher – vice chairperson
1841 c. Representative of the Teachers as designated by Faculty Club
1842 d. Representative of the Parents as designated by the PTA
1843 e. Representative of pupils, students, and learners as designated by the
1844 Supreme Student Council
1845 f. Representative from the community as designated by Punong
1846 Barangay, preferably a member of the Barangay Council for the
1847 Protection of Children (BCPC)
1848
1849 The CPC shall perform the following functions:
1850 1. Draft a school child protection policy with a code of conduct and a
1851 plan to ensure child protection and safety, which shall be reviewed
1852 every three years;
1853 2. Initiate information dissemination programs and organize activities for
1854 the protection of children from abuse, exploitation, violence,
1855 discrimination, and bullying or peer abuse;
1856 3. Develop and implement a school-based referral and monitoring
1857 system;
1858 4. Establish a system for identifying students who may be suffering from
1859 significant harm based on any physical, emotional, or behavioral signs;
1860 5. Identify, refer, and if appropriate, report to the appropriate offices
1861 cases involving child abuse, exploitation, violence, discrimination, and
1862 bullying;
1863 6. Give assistance to parents or guardians, whenever necessary in
1864 securing expert guidance counseling from the appropriate offices or
1865 institutions;
1866 7. Coordinate closely with the Women and Child Protection Desks of the
1867 Philippine National Police (PNP), the Local Social Welfare and
1868 Development Office (LSWDO), other government agencies, and non-
1869 governmental organizations (NGOS), as may be appropriate;
1870 8. Monitor the implementation of positive measures and effective
1871 procedures in providing the necessary support for the child and for
1872 those who care for the child, and;
1873 9. Ensure that the children’s right to be heard are respected and upheld in
1874 all matters and procedures affecting their welfare”
1875
1876 Section 76. SEATING CAPACITY OF PUBLIC UTILITY VEHICLES. No
1877 person operating any vehicle shall allow more passengers in his vehicle
1878 than its registered carrying capacity.
1879
1880 Section 77. FOSTER CARE. A Child who is neglected, abused, surrendered,
1881 dependent, abandoned, under socio-cultural difficulties or with special
1882 needs with an alternative family that will provide love and care as well as
1883 opportunities for growth and development. It has a goal to return the child
1884 to the biological family or preparation for placement to an adoptive home.
1885 It does not keep child apart from the biological family. There are types of
1886 foster care such as:
1887 a) Regular Foster Family Care- the placement of unrelated
1888 abandoned, neglected, dependent children with normal
1889 development regardless of age to a licensed foster family.
1890 b) Kinship Care- the placement of a child to relatives or godparents
1891 who have been licensed and approved
1892 c) Foster Family Care for Children with Special Needs- the
1893 placement of children with behavioral problems and special
1894 needs such as children-in-conflict with the law, abused &
1895 exploited children, street children, children victims of armed
1896 conflict, children whose parents are suffering from HIV/AIDS &
1897 other.
1898
1899 No child shall be placed in a family without a Foster family Care License
1900 except on emergency such as but not limited to:
1901 d) The child is found during the late hours of the evening or during
1902 the weekend;
1903 e) The child is displaced due to disaster or armed conflict;
1904 f) The child needs immediate medical attention; or
1905 g) The child is at risk of further neglect, physical and/or sexual abuse
1906 and maltreatment by the parents/ guardian or custodian
1907
1908 Section 78. CHILDREN AS SOCIAL INDICATORS OF LOCAL
1909 CONDITIONS. Children are hereby declared as social indicators of local
1910 conditions. It shall be the responsibility of the LGUs in Cavite and other
1911 sectors in civic society to mitigate the effects of disaster, calamities and
1912 climate change through the provision of various programs and services to
1913 realize the mandates stipulated in UNCRC.
1914
1915 Section 79. RESPECT FOR THE INTERNATIONAL HUMAN RIGHTS AND
1916 HUMANITARIAN LAW RELEVANT TO DISASTERS/
1917 CALAMITIES AND CLIMATE CHANGE. The PGC undertakes to
1918 respect and ensure compliance of the rules of International Human Rights
1919 and Humanitarian Law applicable to Philippine disasters, calamities and
1920 climate change relevant to the child. Specifically the following policies
1921 shall be observed:
1922 1) Children shall not be the object of any attack and shall be entitled
1923 to special respect. They shall be protected from any form of threat,
1924 assault, torture and other cruel, inhuman and degrading treatment;
1925 2) Children shall not be recruited to become members of the Armed
1926 Forces of the Philippines, or its civilian units, or other armed
1927 groups, not be allowed to take part in any fighting, nor used as
1928 guides, couriers or spies;
1929 3) Delivery of basic social services such as education, primary health,
1930 protection and emergency relief services shall be kept unhampered
1931 and organized;
1932 4) The safety and protection of personnel who provide service
1933 including those who are involved in fact-finding mission, relief and
1934 rehabilitation from both government and non-government
1935 institutions shall be ensured;
1936 5) Public infrastructures such as child development centers, schools,
1937 barangay health stations, playgrounds, hospitals and rural health
1938 units shall not be utilized for military purposes such as command
1939 posts, barracks, detachment and supply depots;
1940 6) Appropriate steps shall be taken to ensure that children are not
1941 separated from their families as a result of displacement due to
1942 disaster/calamities and facilitate the immediate reunification with
1943 their families of separated children;
1944 7) The Provincial Disaster Risk Reduction and Management Office
1945 (PDRRMO) shall set up early warning system to effectively inform
1946 and warn the general public about natural hazards or conflicts that
1947 are likely to occur in their LGUs.
1948
1949 Section 80. CHILD PROTECTION WORKING GROUP. A Provincial Child
1950 Protection Working Group (PCPWG) shall serve as the coordinating body
1951 for all child protection activities in the Province of Cavite and will provide
1952 strategic direction and leadership to ensure that child protection is
1953 regarded as the priority concern in times of emergencies.
1954 Section 81. EVACUATION OF CHILDREN DURING DISASTERS AND
1955 CALAMITIES. The PGC shall give priority to the needs of children and
1956 adolescents, pregnant women and girls, lactating mothers and children
1957 with disabilities in the event of an evacuation as a result of disasters. The
1958 PGC shall likewise ensure that children evacuated are accompanied by
1959 persons responsible for their safety and well-being as well as their
1960 protection.
1961
1962 Section 82. CHILDREN AND FAMILY PSYCHOSOCIAL SUPPORT
1963 PROGRAM.The PSWDO in coordination with DOH and non-
1964 government organizations shall design a comprehensive psychosocial
1965 support program for both children and their families affected by disasters,
1966 calamities, and other crisis situations experienced by the child/children.
1967
1968 Section 83. PERSONS WITH DISABILITY-FRIENDLY STRUCTURES. Persons
1969 With Disability (PWD) friendly structures shall be established in
1970 government buildings, schools, public markets and other places.
1971
1972 Section 84. RIGHTS OF CHILDREN ARRESTED FOR REASONS RELATED
1973 TO ARMED CONFLICT. Any child involved in armed conflict that has
1974 been rescued or surrendered is regarded as a victim and entitled to the
1975 following rights:
1976 1) Treated with respect and in a child-sensitivemanner;
1977 2) Immediate tracing of and reunification with the victim’s family if
1978 separated;
1979 3) Immediate access to culturally-sensitive and appropriate medical and
1980 health services, psychosocial services and rehabilitation and
1981 reintegration programs including alternative parental care, if needed;
1982 4) Interventions for Muslim and IP children shall be provided in
1983 recognition of the traditional structures and institutions in their
1984 communities;
1985 5) Access to education programs that are appropriate to his or her needs;
1986 6) Immediate free legal assistance and physical security upon rescue;
1987 7) Immediate notice of such arrest should be given to the parents or
1988 guardians of the child not to exceed 24 hours; and
1989 8) Release of the child on recognizance within 24 hours to the custody of
1990 the LSWDO or any responsible member of the community as
1991 determined by the court.
1992
1993 Section 85. MONITORING AND REPORTING OF CHILDREN ON
1994 SITUATIONS OF ARMED CONFLICT, DISASTERS AND
1995 CALAMITIES. The Punong Barangay or any designated official of the
1996 Barangay affected by the armed conflicts, disasters and calamities shall
1997 submit names, sex and birthdays of children residing under his jurisdiction
1998 to the C/MDRRMO which shall forward to PSWDO within 24 hours from
1999 the outbreak of the armed conflict, disasters and calamities.
2000
2001 Section 86. CIVIL REGISTRATION AND VITAL STATISTICS. The LGU shall
2002 ensure that birth registration are free and in any case that the Civil
2003 Registry Records will be washed out by any disaster or calamities, the
2004 LGU shall provide free reconstruction of birth registrations.
2005
2006 Section 87. CAVITE WOMEN AND CHILDREN INTERVENTION CENTER.In
2007 recognition of the special need for protection, assistance and development
2008 of children in consonance with the Constitution and republic act No. 7610,
2009 mandating the protection against child abuse, exploitation and
2010 discrimination and likewise Republic Act No. 8505, mandating the
2011 establishment of a crisis intervention center shall be established in the
2012 Province of Cavite. Services of the center shall not be limited to abuse
2013 children but shall equally cater to the other vulnerable sectors of society
2014 particularly women.
2015
2016 Objectives of Cavite Women and Children Intervention Center
2017 1) To provide temporary shelter and basic services to abuse children;
2018 2) To network with non-government organizations and government
2019 agencies for the provision of the needed medical, psycho-social and
2020 legal services necessary in restoring/building the self-esteem of its
2021 clients;
2022 3) To encourage and build the capabilities of abused children to come
2023 into open and pursue cases in court whenever they are ready;
2024 4) To provide skills and livelihood training to abused children while in
2025 the center to enable them to be productive.
2026 5) To provide livelihood assistance and placement to abused children
2027 who are ready to be integrated with their families and communities;
2028 6) To conduct a province-wide education and advocacy program aimed at
2029 raising public awareness on the evils of child abuse and domestic
2030 violence, and a massive information dissemination on the rights of the
2031 children;
2032 7) To link up with provincial and municipal government entities
2033 mandated to formulate and enforce legislation aimed at the protection
2034 of children for policy reforms and enforcement of laws.
2035
2036 Organizational Structure, Management and Operations of the Center
2037 1) The Provincial Council for the Protection of Children will formulate
2038 the organizational structure of the center depending on the need for its
2039 services;
2040 2) The member agencies of the Provincial Council for the Protection of
2041 Children and other national agencies and NGOs which have pledged
2042 support for the center will enter into a Memorandum of Agreement for
2043 their commitment of services and/or resources to ensure the
2044 sustainability of the center’s services;
2045 3) The center shall be under the supervision of the Provincial Social
2046 Welfare and Development Office;
2047 4) The Provincial Social Welfare and Development Office and the
2048 Provincial Council, in coordination with LGUs concerned, shall issue
2049 the necessary rules, policies, regulations and guidelines for the
2050 effective implementation of the programs of the center.
2051
2052 Budget Allocation and maintenance for Cavite Women and Children
2053 Intervention Center.The Provincial Government shall provide support for
2054 the construction, maintenance and continued operations of the crisis
2055 intervention center by allocating specific funds every year, which shall
2056 form part of the Provincial Social Welfare and Development Office’s
2057 annual appropriations.
2058
2059 ARTICLE VII
2060
2061 PARTICIPATION RIGHTS OF CHILDREN
2062
2063 Section 88. The Provincial Government shall guarantee the rights of the child to
2064 participate in a matter that affects him/her most by providing all
2065 appropriate venues where he/she can express his/her opinion freely and to
2066 have these opinions taken into account, involvement in decision making
2067 and a consultative process, freedom of association and peaceful assembly.
2068 The PGC shall uphold the right to participation of children in development
2069 and governance. Likewise, it shall ensure child representation in the Local
2070 Councils for the Protection of Children (LCPC) in the Provincial, City,
2071 Municipal and Barangay Levels.
2072
2073 Section 89. GENERAL STANDARDS IN PROMOTING SAFE AND
2074 MEANINGFUL CHILD PARTICIPATION. In organizing and
2075 facilitating activities intended to promote and fulfill children’s
2076 participation right, the following standards must be seriously considered in
2077 all settings at all levels and all the time. These standards were derived
2078 from the General Comment No. 12 of the Committee on the Rights of the
2079 Child in its 51st Session in Geneva in 2009. These standards may be
2080 applied at home, school, community, playground, workplace, courts,
2081 shops, or in any place where there are children. In programming for
2082 children, these may be used at national or sub-national levels.
2083
2084 1) Child participation is transparent and informative
2085 2) Child participation is voluntary
2086 3) Child participation is respectful
2087 4) Child participation is relevant
2088 5) Child participation is child-friendly
2089 6) Child participation is inclusive
2090 7) Child participation is supported by training
2091 8) Child participation is safe and sensitive to risk
2092 9) Child participation is accountable
2093
2094 Section 90. STANDARDS ON CHILD PARTICIPATION BEFORE, DURING
2095 AND AFTER AN ACTIVITY. For a more effective and consistent
2096 application of standards in the promotion of the participation rights of
2097 children, certain activities must be undertaken and observed before, during
2098 and after a activity. It is important to highlight thetiming to ensure that
2099 children’s participation will be safe, dull, effective, meaningful and
2100 sustainable. It is also important to highlight the fact that children’s
2101 participation does not only happen during an activity. There should be an
2102 opportunity for children to participate in planning the activities that they
2103 will undertake and to assess their experiences later on.
2104
2105 Section 91. CHILD PARTICIPATION IN PLANNING AN
2106 EVENT/PROJECT.Planning is an important and a crucial stage in
2107 ensuring the meaningful participation of an activity. It is therefore
2108 important to decide on a child-friendly process, and use appropriate
2109 language which promotes the meaningful contribution of children, and
2110 where they can freely express their ideas regarding an activity.
2111
2112 Section 92. CHILD PARTICIPATION IN ACTION OR PROJECT
2113 IMPLEMENTATION.The implementation of a plan is where all the
2114 children get actively engaged in various capacities and roles. Based on
2115 their evolving mental physical and social abilities and skills, children can
2116 play particular roles. Give children options based on what they like to do
2117 and what they are willing to do. No child should be forces to do anything.
2118 The roles children play should not be a cause for jealousy, envy or
2119 divisiveness within the groups.
2120
2121 Section 93. CHILD PARTICIPATION IN RESEARCH. Children’s participation in
2122 research shall allow them to gather and analyze data in a way that will
2123 reflect their situation, aspirations, problems and issues thereby creating an
2124 avenue to better understand them. Results shall be important basis for
2125 developing policies, programs and services that will benefit the children.
2126
2127 Section 94. CHILD PARTICIPATION IN TRAINING AND SEMINAR-
2128 WORKSHOPS.Training is one of the key strategies in the empowerment
2129 of children to participate effectively in decision-making on matters
2130 affecting their lives in different settings. The planning, organization and
2131 management of training are areas where children can have meaningful
2132 involvement based on their liking and evolving capacity. Children in this
2133 setting shall not act as training participants but as part of the organizing
2134 team.
2135
2136 Section 95. CHILD PARTICIPATION IN HUMANITARIAN AND
2137 EMERGENCY RESPONSE. In programming for humanitarian and
2138 emergency response, children’s needs in health, nutrition, hygiene, water
2139 and sanitation, housing and psychosocial stresses should come on top of
2140 the list of priorities. Within the family and the community or group of
2141 families in emergency, children should be given opportunities where they
2142 can participate in small but meaningful ways.
2143
2144 Section 96. PARTICIPATION IN DECISION–MAKING PROCESS. The children
2145 in the family, school, community or their organization or institution shall
2146 be heard. Each child regardless of sex, age and culture has the right to
2147 express his or her opinion freely and to have that opinion taken into
2148 account in any matter or procedure affecting the child. It shall be the
2149 responsibility of the adults to provide opportunities for children to express
2150 his or her views obtain information, make ideas or information known,
2151 regardless of culture, religion, age, and sex.
2152
2153 Section 97. PARTICIPATION OF CHILDREN IN SOCIAL NETWORKING
2154 AND MEDIA. The interest and welfare of children in the family, school,
2155 community and other organizations/institutions shall acknowledge the
2156 right of children to be heard. Each child, regardless of age, sex and culture
2157 has the right to express his/her opinion freely insofar as such opinion is
2158 not contrary to law, morals, public safety and public policy. It shall be
2159 taken into account through conduct of training/seminar to children, social
2160 participation and provide a column on the existing newsletter of the
2161 Province wherein children are the contributors.
2162
2163 Section 98. RIGHT OF CHILDREN TO INFORMATION.In accordance to RA
2164 8370 or Children’s Television Act of 1997, the Province shall uphold the
2165 right of children to access information particularly on programs affecting
2166 or benefiting them either in schools and communities. It shall be
2167 disseminated to children through various platforms like the use of social
2168 media, campaign activities, information, education materials, forums and
2169 other awareness raising activities in coordination with the LGU, schools
2170 and NGOs.
2171
2172 Section 99. CONVENTION OF MINORS FOR PURPOSES OF
2173 CONSULTATION.The Provincial Government of Cavite shall provide
2174 venue for consultation and expression of children’s rights relevant
2175 herewith, it is necessary that children seven to twelve (7 to 12) years old
2176 and thirteen to seventeen (13 to 17) years old, based on their evolving
2177 capacity, are convened once a year specifically during the children’s
2178 month celebration to hear collectively their clamors and needs. All
2179 children representing schools, churches, child-led organizations, out-of-
2180 school children and youth shall be part of this event and ensure children’s
2181 participation in the planning and implementation of the
2182 convention/assembly. Every Non-government organization (NGOs)
2183 concerned with these groups of children shall be part of the process in
2184 both preparation and evaluation of the convention. Detailed implementing
2185 rules and guidelines shall be drafted by the Sangguniang Kabataan
2186 Secretariat in coordination with the Provincial Council for the
2187 Protection of Children.
2188
2189 Section 100. PARTICIPATION OF CHILDREN IN MONITORING CHILD
2190 RIGHTS AND OTHER CHILD-FOCUSED LAWS.The PGC through
2191 the PSWDO and PCPC shall ensure children’s participation in the
2192 monitoring of child’s rights based on UNCRC and other child-focused
2193 laws. The PGC shall develop and implement a set of objective criteria and
2194 process of selection to ensure that the process is inclusive and ensure that
2195 the periodic review of UNCRC is participated by children as well as that
2196 the report is submitted to higher governing body for inclusion.
2197
2198 Section 101. RIGHT TO ASSOCIATION AND PARTICIPATION TO
2199 COMMUNITY AFFAIRS. The Province shall promote the formation of
2200 child-led organizations formal or informal groups and support their
2201 initiatives that will serve as venues for children to express their talents,
2202 develop their capacities and participate in child-friendly community
2203 affairs. Such right can be expressed by children through membership to
2204 LCPC, federations and other organizations.
2205
2206 The Provincial Government shall guarantee the representation of children
2207 in appropriate special bodiesspecially in the PCPC, C/MCPC and BCPC.
2208
2209 Section 102. COMPOSITION OF THE LOCAL COUNCIL FOR THE
2210 PROTECTION OF CHILDREN
2211
2212 1) Barangay Council for the Protection of Children
2213 Composition:
2214 Chairperson – Punong Barangay
2215 Members of the BCPC shall elect from among themselves the co-chair
2216
2217 Members:
2218 a) Barangay Kagawad (Chairperson on Women and Family)
2219 b) Barangay Nutrition Scholar
2220 c) Barangay Day Care Worker
2221 d) Barangay Health Worker
2222 e) Department of Education Principal/Teacher-in-Charge
2223 f) Chief Tanod
2224 g) SK Chairperson
2225 h) Children’s Representative
2226 i) PTA President or representative
2227 j) NGO/PO Representative
2228 k) Others
2229
2230 2) City/Municipal Council for the Protection of Children
2231
2232 Composition:
2233 Chairperson – City/Municipal Mayor
2234 The Mayor may designate any of his/her members as co-chair
2235
2236 Members:
2237 a) SP/B Member (Chairperson, Committee on Women and
2238 Family)
2239 b) DILG C/MLGOO
2240 c) Local Social Welfare and Development Officer
2241 d) Local Labor and Employment Officer
2242 e) Division Superintendent/ District Supervisor of Department of
2243 Education
2244 f) Local Planning & Development Officer
2245 g) Local Budget Officer
2246 h) Local Health Officer
2247 i) Local PNP Director
2248 j) Local Treasurer
2249 k) Ligangmga Barangay President
2250 l) SK Federation President
2251 m) Local Nutrition Officer
2252 n) Parent-Teachers Association (PTA) President
2253 o) Child Representative
2254 p) At least 3 representatives of NGOs, 2 of whom are appointed
2255 by the Committee handling ECCD Programs and 1 from the
2256 trade/labor union sector
2257
2258 3) Provincial Council for the Protection of Children
2259
2260 Composition:
2261 Chairperson – Governor
2262 The Governor may designate any of his/her members as co-chair
2263
2264 Members:
2265 a) SP Member (Chairperson, Committee on Women and Family)
2266 b) DILG Provincial Director
2267 c) Provincial Social Welfare and Development Officer
2268 d) Provincial Labor and Employment Officer
2269 e) Division Superintendent of Department of Education
2270 f) Provincial Planning &Development Officer
2271 g) Provincial Budget Officer
2272 h) ProvincialHealth Officer
2273 i) Provincial PNP Director
2274 j) Provincial Commander, AFP
2275 k) Provincial Treasurer
2276 l) President, League of Cities/Municipalities
2277 m) Provincial SK Federation President
2278 n) Provincial Nutrition Officer
2279 o) Child Representative
2280 p) At least 3 representatives of NGOs, 2 of whom are appointed
2281 by the Committee handling ECCD Programs and 1 from the
2282 trade/labor union sector
2283
2284 Membership in the Local Council for the Protection of Children shall be
2285 subject to review and amendment of the Department of Interior and Local
2286 Government through appropriate issuances per IRR of RA9344.
2287
2288 Section 103. CHILD REPRESENTATIVES.The child representatives shall at all
2289 times be given the opportunity to participate in all the undertakings of the
2290 LCPC including the right to express their views and opinions in all matters
2291 affecting their welfare. He/she shall be willing, articulate and able to
2292 express the issues and concerns of children in the community.
2293
2294 To be elected as a child representative to either the BCPC or LCPC, the
2295 nominee needs to meet the following criteria for the selection of child
2296 representative:
2297
2298 a) Must be between 10-15 years old
2299 b) Must be an active participant in the community
2300 c) Must be an active member of an accredited organization in the
2301 barangay, school or faith-based group
2302 d) Must be able to articulate children’s issues and concerns
2303 e) Must have at least a residency of one (1) year in the barangay
2304 f) Must have good leadership skills
2305 g) Must have balanced views on gender, religion, ethnicity and
2306 disabilities
2307
2308 Section 104. SELECTION OF CHILD REPRESENTATIVES. It is important that
2309 all children at the barangay, municipal, city or provincial levels should
2310 have an opportunity to be selected as a child representative to the LCPC.
2311 However, it also matters that elected child representative should come
2312 from an organization where the issues and concerns affecting the majority
2313 of children are discussed and given attention.
2314
2315 Section 105. DUTIES OF THE BARANGAY.It shall be the duty of every barangay to
2316 organize a children’s organization which shall be guided/facilitated by a
2317 member of the BCPC as chosen by the children’s organizations.
2318
2319 Section 106. FEDERATION OF CHILDREN’S ORGANIZATIONS IN THE
2320 BARANGAYS. At the barangay level, all children’s associations, clubs or
2321 organizations should seek accreditation from and recognition by the
2322 Barangay Council. The following requirements must be submitted to the
2323 Barangay Secretary at designated time and place:
2324  Organizational Profile (vision, mission, goals, history)
2325  Organizational Structure ( elected officials, committees and general
2326 membership)
2327  Programs, projects, activities and accomplishments
2328  Name of the organization’s nominee for the Children Representative to
2329 the BCPC with some background information about him/her
2330
2331 Section 107. CITY/MUNICIPAL CHILDREN FEDERATION. At the municipal
2332 and city levels, all the BCPC children representatives will convene in a
2333 municipal/city level assembly to elect a child representative to the
2334 Municipal/City Council for the Protection of Children. The elected child
2335 will sit as official representative of children sector in the municipal or city
2336 council.
2337
2338 At the provincial level, all the Children representatives in the municipal
2339 and city levels will convene in a provincial assembly to elect a child
2340 representative to the Provincial Council for the Protection of Children.
2341 The elected child will sit as official representative of children sector in the
2342 provincial council.
2343
2344 Section 108. TERM OF OFFICE.The term of office of the Child Sector
2345 Representative for the LCPCs is three (3) years.
2346
2347 Section 109. LOCAL DEVELOPMENT PLAN FOR CHILDREN. The LCPC shall
2348 formulate a five-year comprehensive Local Development Plan for
2349 Children and the corresponding Local Investment Plan for Children based
2350 on the Formulated Comprehensive Children’s Program by the LCPC
2351 through a consultative and participatory process. It shall encourage the
2352 participation of children which may include: public forum, children’s
2353 congress, festival, games, camping, educational tours, and others. Such
2354 plan shall be integrated to the Local Development Plan and Local
2355 Investment Plan at all LGU levels. The said plan will be revisited every
2356 five (5) years as stipulated in Sections 8 and 10 of this Code.
2357
2358 Section 110. LOCAL ANNUAL STATE OF CHILDREN REPORT. The PGC with
2359 the PCPC shall report annually the accomplishments of the province and
2360 the cities/municipalities on the annual state of the children to the public
2361 based on the indicators of the Local Development Plan and Investment
2362 Plan for Children.
2363
2364 Section 111. CHILDREN’S MONTH CELEBRATION. In keeping with the mandate
2365 of RA 10661 signed on May 29,2015 declaring the month of November as
2366 national Children’s Month, commemorating the adoption of the
2367 Convention on the Rights of the Child by the United Nations General
2368 Assembly on 20 November 1989 and seeks to instill its significance in the
2369 Filipino consciousness. The LCPCs shall conduct child-focused activities
2370 for the month promoting the rights of children.
2371
2372 Section 112. PROVINCIAL AWARENESS WEEK FOR THE PREVENTION OF
2373 CHILD SEXUAL ABUSE AND EXPLOITATION. To prevent the
2374 occurrence of child abuse and exploitation, awareness of the public
2375 through efficient and extensive information, education and communication
2376 activity shall be implemented during the Provincial Awareness Week for
2377 the Prevention of Child Sexual Abuse and Exploitation in the Province of
2378 Cavite every Second Week of February of Every Year.
2379
2380 Section 113. CONSCIOUSNESS DAY FOR ELIMINATION OF VIOLENCE
2381 AGAINST WOMEN AND CHILDREN. In keeping with the mandate,
2382 November 25 of Every Year shall be celebrated as Consciousness Day for
2383 Elimination of Violence Against Women and Children of the Province of
2384 Cavite.
2385
2386 Section 114. PROVINCIAL DENGUE AWARENESS MONTH. To promote public
2387 awareness and participation in the prevention of Dengue, promote and
2388 protect the health and safety of inhabitants and to inculcate awareness to
2389 the public on the harmful effects of dengue, the month of June of every
2390 year is declared as Provincial Dengue Awareness Month in the province.
2391
2392 Section 115. FIRE CRACKER INJURY PREVENTION MONTH. To heighten
2393 public awareness on the serious threat posed by firecrackers, the month of
2394 December of every year shall be celebrated as the Firecracker Injury
2395 Prevention Month with appropriate programs and celebrations.
2396
2397 ARTICLE VIII
2398
2399 ROLES AND FUNCTIONS OF THE VARIOUS SECTORS
2400
2401 Section 116. THE FAMILY. The family is the basic unit of society responsible for the
2402 primary socialization of children and prevention on the violations of
2403 children’s rights.
2404
2405 Section 117. THE PARENTS. The parents shall have the primary responsibility to
2406 nurture and protect their children from infancy to adolescence. Educate
2407 them on their culture, values and norms. Accompany their children to
2408 other persons or institutions dealing with children’s development and
2409 upbringing.
2410
2411 Section 118. PARENTAL RIGHTS UNDER THE FAMILY CODE. Parents shall
2412 continue to exercise the rights mentioned in Articles 209 to 237 of the
2413 Family Code over the person and property of their children.
2414
2415 Section 119. RIGHT TO DISCIPLINE CHILDREN. Parents shall have the right to
2416 discipline their children as may be necessary for the formation of their
2417 good character provided it does not fall under the prohibited acts in this
2418 Code. Parents may require from their children obedience to just and
2419 reasonable rules, suggestions and admonitions.
2420
2421 Section 120. GENERAL DUTIES OF PARENTS. Parents shall have the following
2422 general duties toward their children:
2423
2424 a) To give them affection, companionship and understanding;
2425 b) To provide them with the best but affordable education;
2426 c) To extend to them the benefits of moral guidance, self-discipline
2427 and religious instruction;
2428 d) To supervise and guide their activities, including their recreation;
2429 e) To inculcate in them the value of industry, thrift and self-reliance;
2430 f) To stimulate their interest in civic affairs, teach them the duties of
2431 citizenship and develop their commitment to their country;
2432 g) To advise them properly on any matter affecting their development
2433 and well- being;
2434 h) To always set a good example;
2435 i) To provide them with adequate support, as provided for in Article
2436 194 of the Family Code; and
2437 j) To administer their property, if any, according to their best interest,
2438 subject to the provisions of Articles 225 to 227 of the Family
2439 Code.
2440
2441 Section 121. ROLE OF WOMEN. Women in their various roles play a vital and
2442 critical role in the well-being of children. Efforts for the enhancement of
2443 women’s status and their roles in development must begin with female
2444 children. The enhancement of the status of women and their equal access
2445 to education, training, reproductive health, and other extension services
2446 constitute a valuable contribution to a nation’s social and economic
2447 development.
2448
2449 In order to achieve the foregoing and to prepare women for their various
2450 roles, equal opportunity shall be provided to female children for them to
2451 benefit from the health, nutrition, education and other basic services for
2452 their full growth.
2453
2454 Section 122. ROLE OF FATHERS. Fathers play a vital and critical role in their
2455 children’s lives. Policies and legislation shall be enacted and programs
2456 shall be designed and implemented for the inclusion of their critical role.
2457 Fathers shall be equally responsible to rear and nature their children in the
2458 home and be role models.
2459
2460 Likewise, equal opportunity shall be provided to the male children for
2461 them to benefit from the health, nutrition, education and other basic
2462 services for their full growth.
2463
2464 Section 123. SEPARATION OF CHILDREN FROM THEIR FAMILIES. Every
2465 effort shall be made to prevent the separation of children from their
2466 family, owning to force majeure or in their own best interest,
2467 arrangements shall be made for appropriate alternative family care or
2468 institutional placement, due regard being made to the desirability of
2469 continuity in children’s upbringing in their own cultural milieu.
2470
2471 Extended families, relatives and community institutions shall be given
2472 support to help meet the special needs of orphaned, displaced and
2473 abandoned children. Efforts must be made to ensure that no child is treated
2474 as an outcast of society.
2475
2476 Section 124. ROLE OF EDUCATIONAL INSTITUTIONS. Educational Institutions
2477 shall work together with parents, community organizations and agencies
2478 concerned with the activities of children and youth. Educational
2479 institutions within the jurisdiction of the Province of Cavite shall
2480 incorporate, into their curriculum a subject on the rights and
2481 responsibilities of children, and other provisions of this Code, subject to
2482 guidelines set by the Department of Education (DepEd) and Commission
2483 on Higher Education (CHED).
2484
2485 The conduct of symposia, talk-show seminars and other forum, as a form
2486 of public awareness on national and local issues in general and on the
2487 rights of the child in particular, for the students.
2488
2489 Section 125. ROLE OF THE MASS MEDIA. The mass media play an extensive
2490 social role and responsibility, and influence in mass communications
2491 relating to children. A balanced approach and prevention of profane and
2492 vulgar language not suitable to viewing children including anti-drug
2493 awareness campaign and delinquency prevention shall be encouraged.
2494
2495 The media must observed existing laws and policies in revealing the true
2496 name and/or identity of child abuse victims and child offenders in their
2497 programs or written articles or causes the publication of their pictures in
2498 newspapers or magazines unless cleared by a competent court.
2499
2500 Section 126. ROLE OF JUDICIAL INSTITUTIONS. In the administration of
2501 justice, Courts, prosecutors and other actors shall ensure that the rights of
2502 the children are protected at all times. The offices of the institution of
2503 Justice are mandated under the pertinent laws, particularly under the R.A
2504 7610 “An act providing for stronger deterrence and special protection
2505 against child abuse , exploitation and discrimination, and for other
2506 purposes”, R.A 9262 “An Act defining violence against woman and
2507 children providing for protective measure for victims, prescribing
2508 penalties therefore, and for other purposes”, R.A 9344 “An Act
2509 establishing a comprehensive juvenile justice and welfare system, creating
2510 the juvenile justice and welfare council under the Department of justice,
2511 appropriating funds therefore and other purposes”.
2512
2513 Section 127. ROLE OF LOCAL GOVERNMENT UNITS (LGUS). The Local
2514 Government Units shall come up with comprehensive programs for
2515 children and allocate appropriate budgets for implementation in
2516 accordance with Section 18 of the Local Government Code of 1991.
2517
2518 Section 128. ROLE OF LOCAL COUNCIL FOR THE PROTECTION OF
2519 CHILDREN. These Councils shall, in addition for their existing duties
2520 and function, coordinate with and assist their corresponding LGUs in
2521 coming up with comprehensive programs for children and be the primary
2522 body to oversee the implementation of such programs.
2523
2524 Section 129. ROLE OF THE SANGGUNIANG KABATAAN. The Sangguniang
2525 Kabataan (SK) as provided for under the Local Government of Code 1991,
2526 in addition to its power and functions, shall actively involve itself in the
2527 formulation and implementation and prevention and protection programs
2528 in the community. It shall coordinate with the LCPC for this purpose. It is
2529 encouraged that the SK shall devote substantial portions of its annual
2530 budget for abuse prevention programs.
2531
2532
2533 ARTICLE IX
2534 IMPLEMENTING MECHANISMS
2535
2536 Section 130. THE PROVINCIAL COUNCIL FOR THE PROTECTION OF
2537 CHILDREN. The Provincial Council for the Protection of Children
2538 (PCPC) is hereby reactivated and strengthened. The council is tasked to
2539 coordinate with cities, municipalities and barangays in the creation and
2540 organization of the City/Municipal Council for the Protection of Children
2541 (C/MCPC) and the Barangay Council for the Protection of Children
2542 (BCPC). This is in keeping with the mandate of Council for the Welfare of
2543 Children (CWC) to coordinate the formulation, implementation and
2544 enforcement of all policies, programs, and projects relative to the survival,
2545 development and protection of children of the local councils.
2546
2547 The PCPC shall ensure the effective implementation of the Philippine
2548 Government’s commitment to the Convention of the Rights of the Child,
2549 World Declaration on the Survival, Development and Protection of
2550 Children, and the Philippine Plan of Action for Children (PPAC).
2551
2552 Section 131. COMPOSITION AND FUNCTION OF THE PROVINCIAL
2553 COUNCIL FOR THE PROTECTION OF CHILDREN (PCPC)
2554
2555 1) Members of the PCPC shall include the following agencies, units or
2556 offices, and other agencies it seems important to be included,
2557 depending on the current specific situation and/or problems of the
2558 locality:
2559
2560 1. Provincial Governor - Chairperson
2561 2. Sangguniang Panlalawigan Committee Chair, Women and
2562 Family - Co-Chairperson
2563 3. Provincial Social Welfare and Development Officer - Vice
2564 Chairperson
2565 4. Provincial Board Secretary
2566 5. Provincial Administrator for Community Affairs
2567 6. Provincial Planning & Development Coordinator
2568 7. Provincial Health Officer
2569 8. Provincial SK Federation President
2570 9. Provincial Budget Officer
2571 10. Provincial Treasurer
2572 11. Provincial Nutritionist
2573 12. Provincial Population Officer
2574 13. Provincial Information Officer
2575 14. Provincial PNP Director
2576 15. Division Superintendent (DepEd)- Cavite Province
2577 16. Division Superintendent (DepEd)- Imus City
2578 17. Division Superintendent (DepEd)- Bacoor City
2579 18. Division Superintendent (DepEd)- Dasmariñas City
2580 19. Division Superintendent (DepEd)- Cavite City
2581 20. Provincial Agriculturist
2582 21. Provincial Liga ng mga Barangay President
2583 22. Two (2) Child Representatives
2584 23. Cavite League of Mayors President
2585 24. Cavite Association of Local Social Welfare and Development
2586 Officers President
2587 25. Provincial Labor and Employment Officer
2588 26. DILG Provincial Director
2589 27. World Vision President
2590 28. ABSNET Cavite Cluster Chairperson
2591 29. ABSNET– Children and Youth Sector Leader
2592 30. Provincial Legal Officer
2593 31. Provincial Accountant
2594 32. Head - Cavite Office of Public Safety
2595 33. Dynamic Teen Club Representative
2596 34. Bishop – Diocese of Imus
2597 35. De La Salle University – Dasmariñas President
2598 36. Provincial Youth and Sports Development Officer
2599 37. Pag-asa Youth Association of the Philippines-Cavite President
2600 38. Shoreline Kabalikat sa Kaunlaran Inc. President
2601 39. Provincial Day Care Workers Federation President
2602 40. Provincial Prosecutor
2603 41. Medical Social Worker from Provincial Hospital
2604 42. Teatro Baile De Cavite
2605
2606 2) The Provincial Council for the Protection of Children (PCPC) in
2607 Cavite shall have the following functions:
2608
2609 1. Formulate plans, programs and policies for children and youth
2610 that are gender-sensitive, culturally relevant and responsive to
2611 the needs of diverse groups of children from 0 to below 18
2612 years of age;
2613 2. Prepare Annual Work and Financial Plan (AWFP) for children
2614 and youth and recommend the necessary appropriation to the
2615 Sangguniang Panlalawigan;
2616 3. Provide coordinative linkages with other agencies and
2617 institutions in the planning, monitoring, and evaluation of plans
2618 for children and youth;
2619 4. Provide technical assistance and recommend financial support
2620 to the City/Municipal/Barangay Council for the Protection of
2621 Children;
2622 5. Review and integrate the city, municipal and barangay
2623 programs and projects needing assistance into the Provincial
2624 Program for Children;
2625 6. Monitor and review the implementation of city, municipal and
2626 barangay programs for children;
2627 7. Recommend local legislation promoting child survival,
2628 protection, participation and development and with appropriate
2629 funding support;
2630 8. Conduct capability-building programs to enhance knowledge
2631 and skills on handling children’s programs;
2632 9. Identify and recommend programs and services to be
2633 conducted or implemented by NGOs and other entities in the
2634 implementation of this Code;
2635 10. Develop and implement various support mechanisms that
2636 maximizes public and private resources to support needy and
2637 high-risk children from poor communities;
2638 11. Ensure the implementation of the Local Development Plan and
2639 Local Investment Plan for Children;
2640 12. Ensure that the PGC shall report on the Annual State of the
2641 Children in the Province;
2642 13. Monitor and evaluate the implementation of capability-building
2643 programs;
2644 14. Submit quarterly status reports to the Regional Sub-Committee
2645 for the Welfare of Children (RSCWC);
2646 15. Perform such other duties as may be required by the Governor.
2647
2648 Section 132. SECRETARIAT. The Chairperson of the Council shall designate the
2649 Secretariat from any of the council members, which shall provide the
2650 administrative and technical support. Support services shall be provided
2651 by the Office of the Provincial Director of Department of the Interior and
2652 Local Government (DILG).
2653
2654 Section 133. CREATION OF THE MUNICIPAL/CITY COUNCIL FOR THE
2655 PROTECTION OF CHILDREN (MCPC/CCPC). The Sangguniang
2656 Panlungsod/Bayan shall create a City/Municipal Council for the Protection
2657 of Children, the composition and functions of which shall be determined
2658 by the concerned Sanggunian depending on the needs and circumstances
2659 of the area. The CCPC/MCPC shall have the following duties and
2660 functions:
2661 1) Formulate plans, programs and policies for children that are gender-
2662 fair, culturally relevant and responsive to the needs of diverse groups
2663 of children from 0 to below 18 years of age;
2664 2) To formulate the city/municipal plan of action for children,
2665 incorporating projects and programs needing assistance submitted by
2666 their constituent barangays; and ensure the integration of these plans
2667 into the City/Municipal Development Plan;
2668 3) To monitor and review the implementation of the city/municipal and
2669 barangay plans;
2670 4) Prepare Annual Work and Financial Plan (AWFP) for children and
2671 recommend appropriations to the Sanggunian;
2672 5) Provide coordinative linkages with other agencies and institutions in
2673 the planning, monitoring and evaluation of plans for children;
2674 6) Provide technical assistance and recommend financial support to the
2675 Barangay Council for the Protection of Children;
2676 7) Establish and maintain database on children in the city/municipality;
2677 8) Foster education of every child;
2678 9) Advocate for the establishment and maintenance of playgrounds, day
2679 care centers and other facilities necessary for child and youth
2680 development;
2681 10) Recommend local legislations promoting child survival, protection,
2682 participation and development, especially on the quality of television
2683 shows and media prints and coverage, which are detrimental to
2684 children, and with appropriate funding support;
2685 11) Assist children in need of special protection and refer cases filed
2686 against child abusers to proper agencies/institutions;
2687 12) Conduct capability building programs to enhance knowledge and skills
2688 in handling children’s program;
2689 13) Document barangay best practices on children;
2690 14) To submit quarterly status reports on the plan implementation to the
2691 PCPC through the City/Municipal Planning Development Office;
2692 a.) To promptly address issues and concerns affecting children and
2693 youth in their area;
2694 b.) To advocate for the passage of relevant child and youth protective
2695 ordinances;
2696 c.) To advocate for increase support and resources allocation for
2697 children’s programs and projects form their respective local
2698 government units and secure resources for the same from other
2699 resources;
2700 d.) To provide technical assistance to the community-based frontline
2701 workers through the conduct of capability building and human
2702 resources development activities; and
2703 e.) To prepare contingency measures to protect children and their
2704 families in crisis brought about by the natural and human-made
2705 calamities; and
2706 f.) To ensure that the provisions of the Children’s Code of Cavite is
2707 given force and effect.
2708 15) Monitor and evaluate the implementation of the program and submit
2709 quarterly status reports to PCPC; and
2710 16) Perform such other functions as provided for in the ECCD and other
2711 child related laws.
2712
2713 Secretariat support shall be lodged with the City/Municipal Social Welfare
2714 and Development Office which shall be responsible for the documentation
2715 of proceeding of meeting and preparation of reports and other necessary
2716 documents as needed by the Council.
2717
2718 Section 134. CREATION OF THE BARANGAY COUNCIL FOR THE
2719 PROTECTION OF CHILDREN (BCPC). The composition of the
2720 Barangay Council for the Protection of Children shall be determined by
2721 the Sangguniang Barangay depending on the needs and circumstances in
2722 the area. The BCPC shall have the following functions:
2723
2724 1) To foster education of every child in the barangay, ensuring that every
2725 child in the barangay acquires at least and elementary education;
2726 2) To encourage the proper performance of the duties of parents and
2727 provide learning opportunities on the adequate rearing of children and
2728 on positive parent-child relationships;
2729 3) To report all cases of child abuse to the proper authorities;
2730 4) To protect and assist abandoned, maltreated and abused children and
2731 facilitate their cases filed against child abusers;
2732 5) To prevent child labor in their area and to protect working children
2733 from abuse and exploitation;
2734 6) To take steps to prevent juvenile delinquency and to assist children
2735 with behavioral problems so that they can get expert advice;
2736 7) To adopt measures to promote the health and nutrition of children;
2737 8) To promote the opening and maintenance of playgrounds and day care
2738 centers and other services that are necessary for child and youth
2739 welfare;
2740 9) To secure the cooperation of organizations devoted to the welfare of
2741 children and coordinate their activities;
2742 10) To promote parents whenever entertainment in the community
2743 especially in the movie houses;
2744 11) To assist parents whenever necessary in securing expert guidance
2745 counseling from the proper government or private welfare agencies;
2746 12) To advocate for the passage of child-friendly barangay ordinances in
2747 response to child-related issues and concerns;
2748 13) To prepare the barangay plans of action for children which address the
2749 needs of children in the community and ensure their integration into
2750 the Barangay Development Plan and implementation by the barangay;
2751 14) To submit quarterly barangay accomplishment reports on the
2752 implementation of the plan to the CCWC/MCWC; and
2753 15) To ensure that the provisions of the Children’s Code of Cavite is given
2754 force and effect.
2755
2756 Section 135. REPRESENTATION OF NON-GOVERNMENT ORGANIZATIONS
2757 IN THE COUNCIL FOR CHILDREN. The Local Sanggunian shall
2758 invite NGOs with child-focused programs for membership in the LCPC,
2759 provided that these NGOs are duly accredited by the Local Sanggunian
2760 and DSWD based on its criteria of registration/accreditation.
2761
2762 Section 136. INTERNAL RULES OF THE PROVINCIALCOUNCIL FOR THE
2763 PROTECTION OF CHILDREN.Sixty (60) days upon the approval of
2764 this Code, the PCPC shall meet, formulate and adopt their own internal
2765 rules of procedures and regulations to serve as guidelines for the members
2766 in the discharge of their official functions such as the organization’s
2767 structure, parliamentary procedures, order of meetings and quorums and
2768 such other rules the councils may seem necessary.
2769
2770 Section 137. The DILG Provincial/City/Municipal Office shall evaluate and monitor
2771 the functionality of the BCPC as per DILG Memorandum Circular issued
2772 by the Secretary of DILG. Provide technical assistance and training
2773 program to ensure the functionality of the BCPC and submit report to
2774 PCPC for reference in preparing interventions to BCPC.
2775
2776 Section 138. CREATION OF A DESK FOR CHILDREN’S CONCERNS. There
2777 shall be a Desk for Children’s Concerns under the Office of the Provincial
2778 Social Welfare and Development and Provincial Heath Office. The Desk
2779 for Children’s Concerns shall be consulted by the Local Government Units
2780 and other bodies whenever they are considering proposals to change or
2781 repeal existing legislations or to introduce new legislation likely to affect
2782 children’s lives.
2783
2784 Section 139. MANDATORY CONSULTATIONS. Prior to the implementation of any
2785 national project by any and all national government agencies, bureaus, or
2786 offices affecting children, express approval by the Governor and the
2787 Sangguniang Panlalawigan shall be obtained after the holding of the
2788 public hearings on the matter and after consultation with the Desk for
2789 Children’s Concerns.
2790
2791 Section 140. SPECIAL COMMITTEES. The PCPC shall create, from among its
2792 members, special committees, as necessary, that shall ensure that the
2793 programs and services as well as protective measures of this Code are duly
2794 implemented.
2795
2796 Section 141. SEARCH FOR THE MOST CHILD-FRIENDLY CITIES AND
2797 MUNICIPALITIES. There shall be an annual Search for the Most Child-
2798 Friendly Cities and Municipalities in the Province of Cavite. Awarding of
2799 winners will be done in every month of November during the Children’s
2800 Month Celebration. The LGUs shall be assessed based on twelve (12)
2801 criteria of the Child-Friendly Local Governance Audit.
2802
2803 Section 142. INCENTIVES FOR PCPC MEMBERS. The members of the PCPC
2804 shall receive an honorarium during regular meetings and/or PCPC-related
2805 activities, the amount of which shall be determined by the Council.
2806
2807 Section 143. IMPLEMENTING RULES AND REGULATIONS. The implementing
2808 rules and regulations (IRR) of the Code shall be drafted by the PCPC
2809 within six (6) months from the effectivity of this Code.
2810
2811 ARTICLE X
2812
2813 PROHIBITED ACTS AND PENALTIES
2814
2815 Section 144. PROHIBITED ACTS. In addition to all acts defined in and penalized
2816 under Republic Act 7619 on Child Abuse and Exploitation, Republic Act
2817 7658 on Child Labor and other pertinent laws, Republic Act 9231 on
2818 Elimination of the Worst Forms of Child Labor, Republic Act 9208 on
2819 Anti-Trafficking in Persons Act, Republic Act 9344 on Juvenile Justice
2820 and Welfare, the following acts shall likewise be punishable:
2821
2822 1) Refusal of parents to let their children attend school – Parents
2823 fording their children to work to augment family income instead of their
2824 children going to school
2825
2826 2) Pushing/Enticing Minors in Live-In Arrangement – It shall be
2827 unlawful for parents to entice, encourage and/or force their children to live
2828 together with any person as husband and wife in exchange for money or
2829 any other consideration.
2830
2831 3) Sexual Exploitation of Minors – sexual Exploitation of children by
2832 any person, foreigner or otherwise, shall be prohibited. Consorting with
2833 children not related by affinity or consanguinity, with public display or
2834 lascivious conduct shall be considered prima facie evidence of sexual
2835 exploitation.
2836
2837 4) Smoking and drinking of minors is strictly prohibited – It shall be
2838 unlawful for a child to smoke and drink intoxicating liquor.
2839
2840 5) It shall likewise be unlawful for any person to sell to a child
2841 cigarettes, liquor, rugby and any other addictive substances
2842
2843 6) Smoking in enclosed places and public conveyances – It shall be
2844 unlawful to smoke inside buses and jeepneys and other public
2845 conveyances. Smoking for adults must be done in areas designated as
2846 such.
2847
2848 7) Parents are prohibited to command their children to buy or light
2849 cigarettes for them.
2850
2851 8) Gambling of minors is strictly prohibited – Parents are directed to
2852 monitor their children not to indulge in any form of gambling.
2853
2854 9) Street Children engaged in begging is strictly prohibited – The
2855 LGUs through the LSWDOs shall ensure that no children-beggars be
2856 found in the vicinity.
2857
2858 10) To hire, employ, use, persuade, induce or coerce a child to perform
2859 in the creation or production of any form of child pornography;
2860
2861 11) To produce, direct, manufacture, or create any form of child
2862 pornography;
2863
2864 12) To publish, offer, transmit, sell, distribute, broadcast, advertise,
2865 promote, export, or import any form of child pornography;
2866
2867 13) To possess any form of child pornography with the intent to sell,
2868 distribute, publish, or broadcast: Provided, That possession of three (3) or
2869 more articles of child pornography of the same form shall be prima facie
2870 evidence of intent to sell, distribute, publish, or broadcast;
2871
2872 14) To knowingly, willfully, and intentionally provide a venue for the
2873 commission of prohibited acts such as, but not limited to, dens, private
2874 rooms, cubicles, cinemas, houses, or in establishments purporting to be a
2875 legitimate business;
2876
2877 15) For film distributors, theaters, and telecommunication companies,
2878 by themselves or in cooperation with other entities, to distribute any form
2879 of child pornography;
2880
2881 16) For a parent, legal guardian, or person having custody or control of
2882 a child to knowingly permit the child to engage, participate, or assist in
2883 any form of child pornography;
2884
2885 17) To engage in the luring or grooming of a child;
2886
2887 18) To engage in pandering of any form of child pornography;
2888
2889 19) To willfully access any form of child pornography;
2890
2891 20) To conspire to commit any of the prohibited acts stated in this
2892 Section.
2893
2894 21) Conspiracy to commit any form of child pornography shall be
2895 committed when two (2) or more persons come to an agreement
2896 concerning the commission of any of the said prohibited acts and decide to
2897 commit it;
2898
2899 22) To possess any form of child pornography.
2900
2901 23) The selling and distribution of pornographic materials to minors is
2902 prohibited. The LCPC, the local law enforcers shall monitor and prevent
2903 the entry of such pornographic materials.
2904

2905 24) Control on exposure to technology – Commercial establishment

2906 renting out video games and internet cafes open to children during school
2907 hours shall be prohibited. Students and pupils who will do research
2908 through the internet during school hours shall be required to secure permit
2909 from the school principal. The owner, operator or responsible person of
2910 any commercial video or computer establishment, operating within this
2911 province shall be STRICTLY PROHIBITED from admitting or allowing
2912 student-minor or pupil/s in all levels from any school, public or private,
2913 including technical or vocational schools, to enter and avail services of
2914 such establishment during school days from 7:00AM to 5:00PM except
2915 during those periods and cases expressly provided by the succeeding
2916 section.
2917

2918 25) Pre-arranged marriage (buya) made of parents or guardians to

2919 marry off their children or ward against their will is prohibited under this
2920 Code, except in communities where it is allowed by their cultural
2921 traditions.
2922

2923 26) Marriage including informal or customary union or live-in

2924 arrangement between an adult and a child or between two children is
2925 prohibited. Existing penal sanctions shall be imposed on adults who are
2926 involved in these unions.
2927

2928 27) Calling a child any name or identity other than his/her own for the
2929 purpose of insulting, belittling or humiliating the child.
2930

2931 28) Facilitating, encouraging or coercing the child or parent/guardian

2932 of the child to falsify any entry in the child’s records, including birth,
2933 baptismal or school records.
2934

2935 29) Refusing to accept a child for enrolment or imposing sanctions by

2936 public school because of the child’s or his/her family’s religion, culture or
2937 ethnical background.
2938

2939 30) Forcing, coercing a child to change or join a certain religion or

2940 belief.
2941

2942 31) Discriminate against children of minority culture, and indigenous

2943 people because of their culture, religion or beliefs.
2944

2945 32) Causing undue publicity about cases of child abuse or other cases
2946 involving Children in Need of Special Protection (CNSP).
2947

2948 33) Inducing a minor to use drugs, cigarettes, alcohols and other
2949 intoxicating and mind-altering substances.
2950

2951 34) Any person caught using children as handler, dealer, seller and
2952 even user of prohibited drugs and other substance shall be penalized
2953 according to existing laws.
2954

2955 35) Appropriate schools refusing to enroll or accept a child with

2956 disability merely by reason of physical disability.
2957

2958 36) Branding or labeling CICL as young criminals, juvenile

2959 delinquents, prostitutes, snatchers, rugby boys or attaching to them in any
2960 manner any other derogatory names.
2961

2962 37) Employment of children below fifteen (15) years old unless:
2963 a. The minimum requirements as stated in Section 12 of RA
2964 7610 and RA 7658 and RA 9231 are present;
2965 b. The child works directly under the sole responsibility of the
2966 parents or legal guardians; and
2967 c. The employer seeks work permit for the child at DOLE
2968 based on rules and regulations of such office.
2969 d. The employer shall provide working child with access to
2970 primary and secondary education.
2971
2972 38) No person or corporation shall employ a child as model or
2973 endorser in whatever form, for any commercial or advertisement
2974 promoting alcoholic beverages, intoxicating drinks, tobacco and its by-
2975 product, junk foods and nay product or advertisement that promotes
2976 violence unless the child’s employment or participation in public
2977 entertainment or information is essential.
2978
2979 38) Parents to coerce or force the child to work in hazardous situation.
2980
2981 39) No child shall be engaged in the worst forms of child labor :
2982
2983 a. Work which by its nature or the circumstances in which it
2984 is carried out, is hazardous, or likely to be harmful to the
2985 health, safety or morals of children, such that it:
2986 i. Debases, degrades or demeans the intrinsic worth
2987 and dignity of a child as a human being;
2988 ii. Exposes the child to physical, emotional or sexual
2989 abuse, or it is found to be highly stressful
2990 psychologically or may prejudice morals;
2991 iii. Is performed underground, underwater or at
2992 dangerous heights;
2993 iv. Involves the use of dangerous machinery,
2994 equipment and tools such as power-driven or
2995 explosive power-actuated tools;
2996 v. Exposes the child to physical danger such as, but
2997 not limited to, the dangerous feats of balancing,
2998 physical strength or contortion, or which requires
2999 the manual transport of heavy load;
3000 vi. Is performed in an unhealthy environment exposing
3001 the child to hazardous working conditions,
3002 elements, substances, co-agents or processes
3003 involving ionizing, radiation, fire, flammable
3004 substances, noxious components and the like, or to
3005 extreme temperatures, noise levels or vibrations;
3006 vii. Is performed under particularly difficult conditions;
3007 viii. Exposes the child to biological agents such as
3008 bacteria, fungi, viruses, protozoans, nematodes and
3009 other parasites;
3010 ix. Involved the manufacture or handling of explosives
3011 and other pyrotechnic products.
3012
3013 40) To sell, force, coerce, deceive children or and their
3014 parents/guardians for the purpose of engaging the children in prostitution
3015 or pornography.
3016
3017 41) To recruit, transfer, harbor, and hold a child for the purpose of
3018 engaging them in prostitution, pornography and other sexual activities,
3019 especially by the parents/guardians of the child.
3020
3021 42) Children, whether male or female, who, for money, profit or any
3022 other consideration or due to coercion or influence of any adult, syndicate
3023 or groups, indulge in sexual intercourse or lascivious conduct, are deemed
3024 to be children exploited in prostitution and other sexual abuse.
3025
3026 43) To promote, facilitate or induce child prostitution which include,
3027 but are not limited to the following:
3028 a. Acting as a procurer of a child prostitute by means of
3029 written or oral advertisement or other similar means;
3030 b. Inducing a person to be a client of a child prostitute by
3031 means of written or oral advertisements or other similar
3032 means;
3033 c. Entering into a relationship with, or taking advantage of a
3034 child as prostitute;
3035 d. Threatening or using violence towards a child to engage
3036 him/her as a prostitute or participant in indecent shows;
3037 e. Giving monetary consideration, goods or other pecuniary
3038 benefit to a child with the intent to engage such child in
3039 prostitution.
3040
3041 44) Any person who shall hire, employ, use, persuade or coerce a child
3042 to perform in obscene exhibitions and indecent shows, whether live or in
3043 video, pose or model in obscene publications or pornographic materials
3044 shall suffer the penalty as prescribed in RA 7610.
3045
3046 45) Children are banned to participate during benefit dances and other
3047 similar activities such as parties, bikini opens, discos and other similar
3048 performances. Fund raising activities shall not include benefit dance as
3049 defined in this Code. Any person caught promoting such act in the
3050 barangay shall be punished after due proceeding by the court of justice
3051 having jurisdiction thereof.
3052
3053 46) Any person who shall engage in trading and dealing with children
3054 including, but not limited to, the act of bullying and selling of child for
3055 money or for any other consideration or barter, shall suffer the penalty as
3056 prescribed in RA 9208.
3057
3058 47) Illegal recruitment – Any person who recruits other persons for
3059 work shall be required to register with and secure a permit from the Office
3060 of the Punong Barangay in the place of recruitment with understanding not
3061 to recruit children.
3062
3063 There is a presumption of illegal trafficking when a person is found
3064 together with two or more minors not his/her relatives at the pier or port of
3065 exit, or bus/jeepney terminals for the purpose of transporting the minors to
3066 another place without any permit from the Punong Barangay.
3067 Operators/managers of piers/terminals or ports shall likewise post signage
3068 with regard to Anti-Trafficking Ordinance.
3069
3070 48) Facilitating the travel of a child who travels alone to a foreign
3071 country or territory without valid reason therefor and without the required
3072 clearance or permit from the Department of Social Welfare and
3073 Development, or a written permit or justification from the child’s parent or
3074 legal guardian
3075
3076 49) Executing, for a consideration, an affidavit of consent or a written
3077 consent for adoption
3078
3079 50) Recruiting a woman to bear a child for the purpose of selling the
3080 child
3081
3082 51) Simulating a birth for the purpose of selling the child
3083
3084 52) Soliciting a child and acquiring the custody thereof through any
3085 means from among hospitals, clinics, nurseries, day care centers, refugee
3086 or evacuation centers and low-income families, for the purpose of selling
3087 the child.
3088
3089 53) All minors, particularly school children, are totally restricted to
3090 play in billiard halls or devices found in amusement centers, malls and
3091 other similar establishments located in the Province of Cavite, during
3092 school hours Mondays to Fridays. Operations and owner of these
3093 machines are enjoined to strictly implement this prohibition.
3094
3095 54) Ultra-violent video games, pornographic animation, nudity, video
3096 cameras and other similar form which corrupt the child’s intellectual,
3097 spiritual, social and emotional growth are prohibited for being operated,
3098 sold or distributed.
3099
3100 55) Entry of minors in bars, clubs, beerhouses, karaoke bars, other
3101 venues providing mature entertainment and/or catering to adults or any
3102 similar establishments which sell liquors.
3103
3104 The owner or the operator or the establishment is required to
3105 conspicuously post a notice at the entrance of the establishment that
3106 Minors are Not Allowed.
3107
3108 56) Minors are prohibited to check-in in hotels, motels and lodging
3109 houses within the province except when accompanied by parent/guardian
3110 who is obliged to show proof of filial relationship between the latter and
3111 the minor through presentation of IDs, PSA authenticated birth certificate,
3112 other document or available means of establishing filial relationship.
3113
3114 57) Children are not allowed to use and buy firecrackers and
3115 pyrotechnic devices.
3116
3117 58) Overloading in any vehicle is not allowed
3118
3119 59) Infants and/or children with ages six years old and below shall be
3120 prohibited to sit in the front seat of any running motor vehicle.
3121
3122 60) The following are prohibited acts which may be incurred inside or
3123 beyond the school premises:
3124 a. Any act of exclusion, distinction, restriction, or preference
3125 which is based on any ground such as age, gender identity,
3126 language, religion, political or other opinion, national or
3127 social origin, property, birth, being infected or affected by
3128 Human Immunodeficiency Virus (HIV) and Acquired
3129 Immune Deficiency Syndrome (AIDS), being pregnant,
3130 being a child in conflict with the law, being a child with
3131 disability or other status or condition, and which has the
3132 purpose or effect of nullifying or impairing the recognition,
3133 enjoyment or exercise by all persons, on an equal footing,
3134 of all rights and freedom
3135 b. Use of children for someone else’s advantage, gratification,
3136 or profit, often resulting in an unjust, cruel, and harmful
3137 treatment of the child. These activities disrupt the child’s
3138 normal physical or mental health, education, moral, social,
3139 or emotional development. It covers situations of
3140 manipulation, misuse, abuse, victimization, oppression, or
3141 ill-treatment.
3142 i. Abuse of a position of vulnerability, differential
3143 power, or trust, for sexual purposes. It includes, but
3144 is not limited to, forcing a child to participate in
3145 prostitution or production of pornographic
3146 materials, as a result of being subjected to a threat,
3147 deception, coercion, abduction, force, abuse of
3148 authority, debt bondage, fraud, or through abuse of
3149 a victim’s vulnerability.
3150 ii. Use of the child in work or other activities for the
3151 benefit of others. Economic exploitation involves a
3152 certain gain or profit through the production,
3153 distribution, and consumption of goods and
3154 services. This includes but is not limited to illegal
3155 child labor, as defined in RA 9231.
3156 c. Act or a series of acts committed by school administrators,
3157 academic and non-academic personnel against a child
3158 which result in or is likely to result in physical, sexual,
3159 psychological harm or suffering, or other abuses including
3160 threats of such acts, battery, assault, coercion, harassment,
3161 or arbitrary deprivation of liberty. It includes but is not
3162 limited to:
3163 i. Acts that inflict bodily or physical harm. It includes
3164 assigning children to perform tasks which are
3165 hazardous to their physical well-being.
3166 ii. Acts that are sexual in nature. It includes, but is not
3167 limited to:
3168 1. rape, sexual harassment, acts of
3169 lasciviousness, making demeaning and
3170 sexually suggestive remarks, physically
3171 attacking the sexual parts of the victim’s
3172 body;
3173 2. forcing the child to watch obscene
3174 publications and indecent shows or forcing
3175 the child to do indecent sexual acts and/or to
3176 engage or be involved in the creation or
3177 distribution of such films, indecent
3178 publication, or material, and;
3179 3. acts causing or attempting to cause the child
3180 to engage in any sexual activity by force,
3181 threat of force, physical or other harm or
3182 coercion, or through inducements, gifts, or
3183 favors.
3184 iii. Acts or omissions causing or likely to cause mental
3185 or emotional suffering of the child, such as but not
3186 limited to property, public ridicule or humiliation,
3187 deduction or threat of deduction from grade or merit
3188 as a form of punishment, and repeated verbal abuse.
3189 iv. Other acts of violence of a physical, sexual, or
3190 psychological nature that are prejudicial to the best
3191 interest of the child.
3192 d. Bullying or peer abuse or the willful aggressive behavior
3193 that is directed towards a particular victim who may be
3194 outnumbered, younger, weak, with disability, less
3195 confident, or otherwise vulnerable. More particularly:
3196 i. Bullying is committed when a student commits an
3197 act or a series of acts directed towards another
3198 student or a series of single acts directed towards
3199 several students in a school setting or a place of
3200 learning, which results in physical and mental
3201 abuse, harassment, intimidation, or humiliation.
3202 Such acts may consist of any one or more of the
3203 following:
3204 1. threats to inflict a wrong upon the person,
3205 honor, or property of the person or on his or
3206 her family;
3207 2. stalking or constantly following or pursuing
3208 a person in his or her daily activities, with
3209 unwanted and obsessive attention;
3210 3. taking of property;
3211 4. public humiliation, or public and malicious
3212 imputation of a crime or of a vice or defect,
3213 whether real or imaginary, or any act,
3214 omission, condition, status, or circumstance
3215 tending to cause dishonor, discredit, or
3216 expose a person to contempt;
3217 5. deliberate destruction or defacement of, or
3218 damage to the child’s property;
3219 6. physical violence committed upon a student,
3220 which may or may not result to harm or
3221 injury, with or without the aid of a weapon.
3222 Such violence may be in the form of
3223 mauling, hitting, punching, kicking,
3224 throwing things at the student, pinching,
3225 spanking, or other similar acts;
3226 7. demanding or requiring sexual or monetary
3227 favors or exacting money or property from a
3228 pupil or student, and;
3229 8. restraining the liberty and freedom of a pupil
3230 or student
3231 ii. Any form of cyber-bullying
3232 e. Other acts of abuse by a pupil, student, or learner upon
3233 another pupil, student, or learner of the same school, not
3234 falling under the definition of bullying in the preceding
3235 provisions, including but not limited to acts of a physical,
3236 sexual, or psychological nature.
3237 f. Corporal Punishment or any kind of punishment or penalty
3238 imposed for an alleged or actual offense, which is carried
3239 out or inflicted, for the purpose of discipline, training or
3240 control, by a teacher, school administrator, an adult, or any
3241 other child who has been given or has assumed authority or
3242 responsibility for punishment or discipline. It includes
3243 physical, humiliating or degrading punishment, including
3244 but not limited to:
3245 i. blows such as, but not limited to, beating, kicking,
3246 hitting, slapping, or lashing of any part of a child’s
3247 body, with or without the use of an instrument such
3248 as but not limited to a cane, broom, stick, whip, or
3249 belt;
3250 ii. striking of a child’s face or head, such being
3251 declared as a “no contact zone”;
3252 iii. pulling hair, shaking, twisting joints, cutting or
3253 piercing skin, dragging, pushing or throwing of a
3254 child;
3255 iv. forcing a child to perform physically painful or
3256 damaging acts such as, but not limited to, holding a
3257 weight or weights for an extended period and
3258 kneeling on stones, salt, pebbles, or other objects;
3259 v. deprivation of a child’s physical needs as a form of
3260 punishment;
3261 vi. deliberate exposure to fire, ice, water, smoke,
3262 sunlight, rain, pepper, alcohol, or forcing the child
3263 to swallow substances, dangerous chemicals, and
3264 other materials that can cause discomfort or threaten
3265 the child’s health, safety, and sense of security such
3266 as, but not limited to bleach, insecticides,
3267 excrement, or urine;
3268 vii. tying up a child;
3269 viii. confinement, imprisonment or depriving the liberty
3270 of a child;
3271 ix. verbal abuse or assaults, including intimidation or
3272 threat of bodily harm, swearing or cursing,
3273 ridiculing or denigrating the child;
3274 x. forcing a child to wear a sign, to undress or disrobe,
3275 or to put anything that will make a child look or feel
3276 foolish, which belittles or humiliates the child in
3277 front of others;
3278 xi. permanent confiscation of personal property of
3279 pupils, students or learners, except when pieces of
3280 property pose a danger to the child or to others, and;
3281 xii. other analogous acts
3282
3283 Section 145. PENALTIES. The penalty for any violation of this Code which is not
3284 penalized elsewhere in other sections of this Code or in a national law,
3285 shall be upon conviction by the proper Court, an imprisonment of six (6)
3286 months to one (1) year and/or a fine ranging from Five Thousand Pesos
3287 (PhP 5,000.00) to Twenty Thousand Pesos (PhP20,000.00) shall be
3288 imposed.
3289
3290 For first time offenders, in cases where the offender is the parent/guardian
3291 or teacher of the child or relative within the fourth civil degree of
3292 consanguinity, if the offender admits the offense and is sincere and willing
3293 to reform, the penalty may be waived subject to the written consent of the
3294 victim child. Penalties for second and recidivist offenders shall not be
3295 waived.
3296
3297 Violation of any provision of this Code by any operator/owner/
3298 seller/distributor of video games and machines, owner/operator/manager
3299 or any responsible person of a cockpit, mahjong parlor, funeral parlor,
3300 gambling establishments, bars, clubs, beer houses, karaoke bars, other
3301 venues providing mature entertainment and/or catering to adults or any
3302 similar establishments which sell liquors, hotels, motels and lodging
3303 houses, internet café owners and commercial video centers shall be
3304 penalized with the following:
3305
3306 First offense. Fine of ten thousand pesos (P10,000.00) or an
3307 imprisonment of not more than four (4) months and suspension of
3308 business permit to fifteen (15) days at the discretion of the court.
3309
3310 Second offense. Fine of Twenty Thousand Pesos
3311 (PhP20,000.00) or an imprisonment of not more than six (6) months
3312 and one (1) month suspension of the same at the discretion of the
3313 court.
3314
3315 Third Offense. Fine of Thirty Thousand Pesos (30,000.00) or
3316 an imprisonment of not more than twelve (12) months at the discretion
3317 of the court, including the confiscation of any equipment used in
3318 violation of any provisions of this Code as provided, and finally,
3319 cancellation of the business permit of said establishment with
3320 additional penalty of barring such establishment to put up business of
3321 the same nature.
3322
3323 However, in a case of a corporation, partnership or association
3324 the penalty shall be imposed upon the official responsible for such
3325 violation.
3326
3327 For violation of sections related to smoking and selling of cigarettes, the
3328 provisions of RA9211, Sec.32 (b) otherwise known as TOBACCO
3329 REGULATION ACT OF 2003 shall apply.
3330
3331 The prohibited acts which may be incurred inside or beyond the school
3332 premises shall be penalized in administrative proceedings as Grave or
3333 Simple Misconduct depending on the gravity of the act and its
3334 consequences, under existing laws, rules, and regulations, and following
3335 the rules and procedures in handling child abuse, exploitation, violence,
3336 and discrimination cases in schools stipulated in DepEd Order No. 40, s.
3337 2012 Section 15.
3338
3339 For handling bullying incidences in schools, all public elementary and
3340 secondary schools shall adhere to the protective and remedial measures
3341 discussed in Section 12 of the same DepEd Order.
3342
3343 Section 146. PERSONS WHO MAY FILE A COMPLAINT. Complaint of unlawful
3344 acts committed against children may be filed by any of the following:
3345
3346 1.) The offended party;
3347 2.) The parents, in case it is the parent who is the offender, the mom-
3348 offending parent, or guardians;
3349 3.) Ascendants or collateral relatives within the third degree of
3350 consanguinity;
3351 4.) Officer, social worker or representative of a licensed child-caring
3352 institution;
3353 5.) Officer, social worker or representative of the Department of
3354 Social Welfare and Development;
3355 6.) Provincial, City, Municipal or Barangay officials; or
3356 7.) At least one (1) concerned responsible citizen with direct
3357 knowledge of offense committed who are residing in the
3358 community where the violation occurred.
3359
3360 Section 147. PROTECTIVE CUSTODY OF THE CHILD. The offended party shall
3361 be immediately placed under the protective custody of the Department of
3362 Social Welfare and Development through the Local Social Welfare and
3363 Development Officer pursuant to Executive Order No. 56, series of 1986.
3364 In the regular performance of this function, the officer of the Department
3365 of Social Welfare and Development shall be free from any administrative,
3366 civil or criminal liability. Custody proceedings shall be in accordance with
3367 the provisions of Presidential Decree No. 603.
3368
3369 Section 148. CONFIDENTIALITY. At the instance of the party, his/her name may be
3370 withheld from the public until the Court acquires jurisdiction over the
3371 case. It shall be unlawful for any editor, publisher, and reporter or
3372 columnist in case of print media, announcer or producer and director in
3373 case of the movie industry, to cause the undue and sensationalized
3374 publicity of any case of violation of this Code which results in the moral
3375 degradation and suffering of the offended party.
3376
3377 Section 149. REPORTING.A person who learns of facts or circumstances that give
3378 rise to the belief that a child has suffered abuse shall report the same,
3379 either orally or in writing to the Department of Social Welfare and
3380 Development, the Office of the Provincial/City/Municipal Social Welfare
3381 and Development, to the Law Enforcement Agency or to the Barangay
3382 Council for the Protection of Children (BCPC) concerned.
3383
3384 Section 150. DUTY OF GOVERNMENT EMPLOYEES TO REPORT. It shall be
3385 the duty of all government officials and employees, whether elected or
3386 appointed, to report of possible child abuse within forty eight (48) hours to
3387 the authorities mentioned in the preceding sections.
3388
3389 Section 151. MANDATORY REPORTING FOR HEALTH INSTITUTIONS. The
3390 head of any public or private hospital, medical clinic and similar
3391 institutions, as well as the attending physician/s and nurse/s, or any
3392 personnel of such institution, shall report either orally or in writing, to the
3393 authorities mentioned in the preceding sections the examination and/or
3394 treatment of a child who appears to have suffered abuse within forty eight
3395 (48) hours from the knowledge of the same.
3396
3397 Section 152. FAILURE TO REPORT. Any individual who possess knowledge of a
3398 possible child abuse and fails to report the case to the proper authorities
3399 shall be punishable under RA 7610.
3400
3401 Section 153. IMMUNITY FROM REPORTING. Any person who, acting in good
3402 faith, reports a case of child abuse shall be free from any civil, criminal or
3403 administrative liability arising there from. There shall be a presumption
3404 that such person acted in good faith.
3405
3406 Section 154. KNOWLEDGE OF PUBLIC OFFICIAL. Any public official who has
3407 any knowledge or learns of facts and circumstances that a child will be, or
3408 may be, or has been subjected to abuse, exploitation and/or trafficking and
3409 fails to report such to the C/MCPC or LCPC shall be a ground for filing an
3410 administrative case either minor or gross negligence of duty.
3411
3412 ARTICLE XI
3413
3414 BUDGETARY REQUIREMENTS
3415
3416 Section 155. APPROPRIATIONS. The Provincial Government shall allocate one
3417 percent (1%)of the Internal Revenue Allotment (IRA) for children’s
3418 programs (DILG Memorandum Circular No. 201-120 per Section 15 of
3419 RA9344) to carry out the provisions of this Code. The Province shall
3420 allocate funds necessary for the implementation of this Code, the training
3421 and orientation of stakeholders, the reproduction and distribution of the
3422 approved copies of this Code and the cost of the promotion and
3423 information dissemination of this Code to the general public shall likewise
3424 be funded.
3425
3426 Section 156. The cities, municipalities and barangays shall likewise allocate one
3427 percent (1%) of the Internal Revenue Allotment (IRA) as part of their
3428 annual budget for the implementation of the programs herein provided.
3429
3430 ARTICLE XII
3431
3432 MISCELLANEOUS PROVISIONS
3433
3434 Section 157. AMNESTY OF LATE REGISTRATION OF BIRTH. Within one (1)
3435 year from the effectivity of this Code, an amnesty on the late registration
3436 of births shall take place for all unregistered individuals who are under
3437 eighteen (18) years old who were born in the Province of Cavite. No
3438 penalty shall ever be imposed or exacted for late registration of births.
3439
3440 Section 158. Public and Private schools within the province are encouraged to engage
3441 the services of a guidance counselor or appoint/designate a guidance
3442 counselor within one (1) year from the effectivity of this Code.
3443
3444 Section 159. Cases involving minors shall be given utmost priority in any court of law.
3445 The Provincial Government shall endeavor to have all cases involving
3446 minors be treated with utmost care and speed by ensuring the availability
3447 of lawyer/prosecutors who specialize and can focus on cases involving
3448 minors.
3449
3450 Section 160. COMPREHENSIVE PROGRAM. The Provincial Social Welfare and
3451 Development Officer and all City/Municipal Social Welfare and
3452 Development Officers shall submit to the Provincial Governor and their
3453 respective City/Municipal Mayors and Sanggunian a comprehensive
3454 program for children formulated by the LCPC through a participatory and
3455 consultative process that need local funding at an appropriate and
3456 reasonable time for inclusion in their annual budget.
3457
3458 Section 161. A full copy of this Ordinance shall be made available and be posted upon
3459 at all times in the Provincial Capitol, in the City and Municipal Halls, in
3460 every Barangay Halls, in every Police Stations, in every school, whether
3461 public or private, in every hospital and in such other places that may seem
3462 appropriate.
3463
3464 Non-compliance with this section is a violation of the Ordinance and shall
3465 be punishable as such.
3466
3467 Section 162. CITY/MUNICIPAL CODE AND THIS CODE. If both the
3468 City/Municipal Ordinance and this Code punish the acts prohibited herein,
3469 this Code shall prevail. However, if a case has already been filed by either
3470 the City/Municipal Ordinance or this Code, the cognizance and
3471 prosecution by one shall exclude the other.
3472
3473 ARTICLE XIII
3474
3475 SEPARABILITY/APPLICABILITY/REPEALING/EFFECTIVITY CLAUSES
3476
3477 Section 163. SEPARABILITY CLAUSE. If for any reason or reasons, any part or
3478 provision of this Code shall be held to be unconstitutional or invalid, other
3479 parts or provisions hereof which are not affected thereby shall continue to
3480 be in full force and effect.
3481
3482 Section 164. APPLICABILITY CLAUSE. The pertinent provisions of existing laws
3483 and other ordinances shall govern all other matters relating to the
3484 impositions or regulations provided in this Code. This Code shall apply to
3485 all people within the territorial jurisdiction of the Province of Cavite and
3486 to all persons who may have committed violations on any of the
3487 provisions of this Code.
3488
3489 Section 165. REPEALING CLAUSE. All ordinances, resolutions, executive orders
3490 and other issuances, which are inconsistent with any of the provisions of
3491 this Code, are hereby repealed or modified accordingly.
3492
3493 Section 166. EFFECTIVITY CLAUSE. This Code shall take effect sixty (60) days
3494 upon complete publication in a newspaper of general circulation within the
3495 Province of Cavite, and the posting of copies thereof, in conspicuous
3496 places in the Province Capitol and in all cities, municipalities and
3497 barangays within the province.
3498
3499

3500

3501

3502 Black – old

3503 Blue – revised

3504 Red – new provision