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ORDINANCE NO. 2005-03

AN ORDINANCE ADOPTING THE CODE ON CHILDREN IN

THE BARANGAY BLAAN, MALUNGON, SARANGANI PROVINCE

Be it enacted by the Sangguniang Barangay of Barangay Blaan, Malungon, Sarangani

Province, in regular session assembled,

ARTICLE I
TITLE, POLICY, PRINCIPLES & DEFINITION OF TERMS

SECTION 1. TITLE. This shall be known as “THE CHILD WELFARE CODE OF THE
BARANGAY BLAAN, MALUNGON,PROVINCE OF SARANGANI”

SECTION 2. DECLARATION OF PRINCIPLES AND POLICIES.

a. It is hereby declared to be the policy of the Barangay Blaan to effectively promote,

fully enhance and institutionalize the survival, protection, development and participation
of children’s right within the framework of advancing, in general, the furtherance of
integrated, sustainable and equitable development;
b. It is also the policy of the City of Barangay Blaan to serve the welfare of children
which shall be the paramount consideration in all actions concerning them consistent
with local autonomy and the principle of “Best Interest of the Child” as enunciated in the
United Nations Convention on the Rights of the Child;
c. It is the policy of the Barangay Blaan to adhere to the generally accepted principles of
International Law;
d. It is likewise the policy of the Barangay Blaan to undertake the holistic protection and
development of all children together with National Government Agencies and Non-
Government Organizations concerned;

SECTION 3. DEFINITION OF TERMS.

a. “CHILDREN” refers to the person below eighteen (18) years of age or those over but
unable to fully take care of themselves or protect themselves from abuse, negligence,
cruelty, exploitation, or discrimination because of a physical or mental disability or
condition;
b. “SURVIVAL RIGHTS” deal with the provision in relation to parental and governmental
duties and liabilities, adequate living standard and access to basic health services and
social security;
c. “DEVELOPMENT RIGHTS” pertain to the access of the child to educational
opportunities, access to relevant information, play, leisure, cultural activities and the
right to freedom of thought, conscience and religion;
d. “PROTECTION RIGHTS” cover those who guard children against all forms of child
abuse, exploitation and discrimination in major areas where he is considered in
extremely difficult circumstances;

e. “PARTICIPATION RIGHTS” include the child’s freedom to express oneself in matters

affecting his/her life as part of preparation for responsible parenthood and to freedom of
association;
f. “CHILD ABUSE” refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
1. Psychological and Physical abuse, negligence, cruelty, sexual abuse and emotional
maltreatment;
2. Any acts by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being;
3. Unreasonable depravation of his basic needs for survival such as food and shelter; or
4. Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in permanent incapacity or death.
g. “CIRCUMSTANCES WHICH GRAVELY THREATEN OR ENDANGER THE
SURVIVAL AND NORMAL DEVELOPMENT OF CHILDREN” include, but are not
limited to the following:
1. Being in the community where there is armed conflict or being affected by armed
conflict-relative's activities;
2. Working under conditions hazardous to life, safety and moral which unduly interfere
with their normal development;
3. Living in our fending for themselves in the streets or urban or rural areas without the
care of parents or a guardian or any adult supervision needed for their welfare;
4. Being a member of the indigenous cultural community and/or living under condition of
extreme poverty or in an area which is undeveloped and/or has inadequate access to
the basic services needed for a quality of life;
5. Being a family member or guardian having psycho-social functioning problems grave
enough for them to commit incest, rape, lascivious acts and other form of physical and
mental abuse;
6. Being a victim of a man-made or natural disaster/calamity;
7. Being a victim of an illegal transnational organization or child trafficking; or
8. Circumstances analogous to those above stated which endanger life, safety or
normaldevelopment of children.
h. “Anti-social related activities are those acts against property, chastity and person
which include but not limited to:
1. Petty crimes such as snatching, misrepresentation;
2. Using and pushing prohibited drugs, selling illegal or lewd reading materials
3. Pimping for young and old prostitutes, doing or participating in obscene shows;
4. Gambling of any form;
5. Rape and incest;
i. Cultural relevant activities refer to activities showcasing the Filipino culture and
tradition such as but not limited to the following:
1. Ethnic Dances
2. Historical Drama
3. Folk Dance;
4. Others
j. Pre-school education refers to the age from birth to six (0 – 6) years old known to be
critical phase of the child’s psychomotor development. It is the phase when ninety
percent (90%) of the human brain is developed. It is therefore the phase when activities
for development stimulation for children must be provided, hence, the need for early
childhood care and development program.

ARTICLE II
SURVIVAL & DEVELOPMENT RIGHTS OF CHILDREN

SECTION 1. UNDER SIX PROGRAM FRAMEWORK. The BLGU-Blaan shall ensure to

the maximum extent possible the survival and development of the child. The early
childhood Care and Development coupled with parent’s Effectiveness Service Program
on child survival and development shall include the following, among others:
SECTION 1.1. DAY CARE SERVICE PROGRAM. The BLGU-Blaan shall support the
Day Care Service Program which is population and community based. The Day Care
shall serve 3 to 5 years old and shall be set-up in the barangay, the number of which
shall depend on the population level of the community.
SECTION 2. PRIMARY HEALTH CARE FRAMEWORK. The BLGU-Blaan shall
implement and sustain the Primary Health Care Program to primarily cater children. To
further ensure the implementation of this Section it shall take appropriate measure to
support the program on health under the framework of primary health and preventive
care.
SECTION 2.1. MATERNAL AND CHILD CARE PROGRAM. The BLGU-Blaan shall
continue to implement and support its maternal and childcare service program, which
shall cater to the health of the mother, which affects the child in the womb with the end
in view of delivering a healthy baby.
SECTION 2.2. MOTHER AND CHILD IMMUNIZATION PROGRAM. The program on
the preventive child care and health services which include, among others, the
monitoring and registration of births and the completion of the immunization series for
prevention of tuberculosis, diphtheria, pertussis, neonatal tetanus, measles,
poliomyelitis, hepatitis B and other diseases for which vaccines have been developed
for administration to children up to five years old.
SECTION 2.3. CHILD PATIENT OF INDIGENT PARENTS. The BLGU-Blaan shall
ensure the availment of the hospital’s indigent fund by a child patient of indigent parents
needing services of a doctor/specialist to be cured of his ailments, subject to the
recommendation of the Municipal Social Welfare and Development Office after ensuring
the availability of fund for such purpose.
SECTION 3. FAMILY AND COMMUNITY WELFARE AND SUPPORT SYSTEM. The
BLGU-Blaan through Municipal Social Welfare and Development Office shall implement
and sustain a Family and Community Welfare Support System for Children. To further
ensure the implementation of this section it shall take appropriate measures to support
the program on family and community under a family and community welfare
development framework.There shall be established a Comprehensive Family and
Community Welfare and Development Program which shall include courses and sustain
on reproductive health, child health and child rearing practices, parent effectiveness,
pre-marriage counseling, responsible parenthood, among other, in context of Filipino
psychology. This shall also include courses and services in community organizing such
as the social preparation for people’s participation, community volunteer resource
development and social welfare structure development, among others. The following
programs shall form part of this Comprehensive Family and Community Welfare
Program, which this government shall support.
SECTION 3.1. CHILD AND YOUTH WELFARE PROGRAM. The BLGU-Blaan shall
establish and support a Comprehensive Child and Youth Welfare and Development
program which shall include the services which develop the youth as partner in
community development which include Adolescent Fertility Management & Leadership
Training and services for children in especially difficult circumstances, among others.

(cont. Ord. No. 2005-03, enacted on 21 January 2005)

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SECTION 4.5. BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN
(BCPC), ITS
MEMBERSHIP AND FUNCTION. There shall be created BCPC in every barangay in
the City
of Alaminos. The Barangay Captains of the respective barangay are hereby mandated
to
spearhead the creation and strengthening of said Council with the support of the City
Local
Government Officer (M/CLGOO) and other concerned Government and Non-
Government
Agencies.
SECTION 4.6. COMPOSITION OF BCPC. The membership of the BCPC’s shall be
taken from
responsible members of the community including a representative of the youth, as well
as
representatives of government and private agencies concerned with the welfare of
children
and youth whose area of assignment includes the particular barangay and shall be on
purely
voluntary basis.
SECTION 4.7. FUNCTIONS OF BCPC. The following are the powers and functions of
BCPCs.
1. Foster education of every child in the Barangay;
2. Encourage the proper performance of duties of parents and provide learning
opportunities on the adequate learning of children and on positive parent-children
relationship;
3. Protect and assist abandoned, maltreated and abused children and monitor cases
filed
against child abuser and report the same;
4. Protect working children from abuse and exploitation;
5. Take steps to prevent juvenile delinquency and assist parents and children with
behavioral problems so that they can get expert advice;
6. Promote the opening and maintenance of playgrounds and Day Care Centers and
other
services and other services that are necessary for children and youth welfare;
7. Promote wholesome activities/entertainment in the community especially in the movie
houses;
8. Assist parents whenever necessary in securing expert guidance counseling from
private
agencies;
9. Advocate for the passage of barangay plan of action for children which addresses the
needs of Children in the community and ensure its integration into the Barangay
Development Plan and implementation by the barangay;
10. Submit quarterly barangay accomplishment reports of the implementation of the
plan to
the M/CCWC; and
11. Arrest any individual who is actually committing, about to commit or has committed
an
offense against the person of the minor.
SECTION 4.8. LOCAL GOVERNMENT UNITS APPROPRIATE FOR LOCAL SUB-
COMMITTEES.
The City and Barangay Government Units shall regularly appropriate funds of not less
than
2% from its annual and/or supplemental budgets to support the administrative and
operational needs of the Councils for the Welfare/Protection of Children.
SECTION 5. PROVISION FOR THE STRICT IMPLEMENTATION OF ASIN LAW IN
CITY OF
ALAMINOS. The City Government Units shall ensure the strict implementation of RA
8172,
otherwise known as “Act Promoting the Salt Iodization Nationwide”. A committee
created by the
Municipal/City Council for the Welfare of Children shall be tasked to supervise the
implementation of
said law.
SECTION 6. MOTHER AND BABY FRIENDLY HOSPITALS IN THE CITY OF
ALAMINOS. All hospitals in
Alaminos shall comply with the requirement of the department for a Mother-Baby
Friendly hospital
found to have deliberately this mandate shall be recommended for appropriate sanction
by the
Department of Health.
SECTION 7. CHILD-FRIENDLY BUILDINGS. In the approval of the proposed building
plans of commercial
buildings in Alaminos by the Office of Municipal/City Engineer, such office shall ensure
the conclusion
of child-friendly facilities therein. And avoid any happening of child accidents, the
proposed plans of
commercial buildings must have hereunder specification:
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(cont. Ord. No. 2005-03, enacted on 21 January 2005)
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1. Balusters in staircase must be spaced in a manner that their distance from each other
would not
exceed six (6) inches to avoid children from accidentally through;
2. In cases of buildings having more than one stories, railing or baluster acting
horizontal and
vertical barriers must be likewise spaced in a manner that their distance from each other
must
not exceed six (6) inches and said railings or balusters must have a height of not less
than 5 feet.
3. Lavatory buildings to accommodate the personal necessities of children entering said
buildings.
SECTION 8. SURVEY AND ACTIVE PROGRAM FOR DIFFERENTLY-ABLED
CHILDREN. The City
Government shall make a periodic comprehensive survey and situational analysis on
the differently-
abled children. The CSWDO together with DepEd shall spearhead the conduct of
situational analysis
that shall be the basis for planning by the Child Welfare Council and other concerned
agencies, for
programs and projects for these children.
SECTION 9. MUNICIPAL AND BARANGAY LEVEL RECREATIONAL AND CULTURAL
FACILITIES AND
PROGRAM. A City and barangay level programs for the revival of indigenous games
reflective of the
cultural diversity of Alaminos shall be installed. The City and Barangay government
units shall
allocate space for recreation and provide recreational facilities appropriate for each
children’s age-
group and gender that shall be designed with due respect to cultural diversity. This
regular cultural
program shall be spearheaded by the respective City/Barangay Councils under the
leadership of the
City Mayor/Barangay Captain together with the Chairmen on Committees on Social
Services.
SECTION 10. PARENTING ORIENTATION. Marriage license applicants shall require
participation to a
parenting orientation course of pre-marriage counseling seminar, among other
requirements prior to
the issuance of marriage license by the Local Civil Registrar.
SECTION 11. INCLUSION OF THE CONVENTION OF THE RIGHT OF CHILDREN IN
THE SCHOOL
CURRICULUM. As part of the advocacy, information in education campaign of the
government on
the survival in development, protection and security in participation right of children, the
convention
on the right of children shall be encouraged to include as part of the school curriculum
of the schools
in Alaminos both public and private at all level.
SECTION 12. TRAINING FOR TEACHERS ON RIGHTS OF CHILDREN. Teachers,
especially those in the
kindergarten, elementary and high school, are encouraged to undertake continuous
training on the
rights of the child and sensitivity to children in need of special protection to be able to
help them.
The training shall be spearheaded by the City Council for the Welfare of Children and
Department of
Education in coordination with CSWDO.
ARTICLE III
PROTECTION RIGHTS OF CHILDREN
SECTION 1. SANCTIONS FOR ESTABLISHMENTS OR ENTERPRISES WHICH
PROMOTE, FACILITATE
OR CONDUCT ACTIVITIES CONSTITUTING CHILD PROSTITUTION AND OTHER
SEXUAL
ABUSES, CHILD TRAFFICKING, OBSCENE PUBLICATIONS AND INDECENT
SHOWS. All
establishments or enterprises caught promoting or facilitating child prostitution and
sexual abuse,
child trafficking, obscene publications and indecent shows and other acts shall be
immediately closed
and fined an amount of Five Thousand Pesos (P5,000.00) with their authority or license
to operate
permanently cancelled, without prejudice to the owner, manager and other personnel
thereof for
being prosecuted under RA 7610, as amended, otherwise known as “AN ACT
PROVIDING FOR
STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND
DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATIONS AND FOR
OTHER PURPOSES”.
SECTION 2. ESTABLISHMENTS OF POST NOTICES AND INFORMATION AT
ENTRY OR FRONT
DESKS REGARDING CHILD PROTECTION. All hotels/lodging houses, night clubs and
other
establishment of similar services shall be required to post notices and information about
child
protection to serve as deterrents to committing child trafficking, prostitution and other
sexual abuses.
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(cont. Ord. No. 2005-03, enacted on 21 January 2005)
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To ensure the compliance by the concerned establishment to this section, the office of
the City
through the License Division shall require this establishment to post such information or
notices
before their respective licenses shall be renewed and/or approved.
SECTION 3. AUTHENTICATED BIRTH CERTIFICATE AS A REQUIREMENT FOR
WORKING PERMITS.
All applicants for working permits shall be required to submit a duly authenticated birth
certificate by
the Local Civil Registrar who issued said certificate. Any violation of this provision by
any government
official or employee shall subject such offender to administrative and criminal liabilities
and shall be
punished in accordance with the law.
SECTION 4. CREATION OF SPECIAL SERVICES FOR CHILDREN IN NEED OF
SPECIAL PROTECTIVE
AND LEGAL SERVICES. The city government shall create special programs for the
protection of
children who are victims of incest and rape cases. It shall also endeavor to muster the
support of the
private sector more particularly the local chapter of the integrated bar of the Philippines
and the
academe to provide legal and protective services to children who are in need of such
services.
SECTION 5. ESTABLISHMENT OF CHILD AND YOUTH RELATION SECTION FOR
THE PURPOSE OF
STRENGTHENING THE PILLARS OF JUSTICE SYSTEM. Each police station in the
City of
Alaminos shall have a child and youth relations section tasked to handle cases involving
children.
Child-friendly police procedures shall be implemented as contained in the police
handbook on the
management of cases of children in specially Difficult Circumstances each PNP element
shall be
provided a copy of the said handbook. The said Section shall be administered by a
female police
officer.
SECTION 6. SPECIAL COURSE FOR PNP MEMBERS. A continuing special course for
coordination with the
PNP Child Protection Team, NGOs and other Civic Organizations focused on child and
youth
programs.
SECTION 7. ESTABLISHMENT OF A SEPARATE DETENTION CELL FOR
CHILDREN AND YOUTH
OFFENDERS. To be able to safeguard the physical and psychological conditions of
detained children
having impending criminal charges, the City Government shall establish within the City
Jail a separate
detention cell exclusively for children and youth offenders with gender being considered.
SECTION 8. SPECIALIZED TEAM OF EDUCATORS FOR MUSLIMS AND
INDIGENOUS PEOPLE’S
CHILDREN. In addition to the rights guaranteed to indigenous and Muslim children
under RA 7610
and other system laws, the Office of the City Mayor shall create a committee to study
and design
training program for teachers assigned to Indigenous and Muslim communities which is
culture-
specific and relevant to the needs and existing situation of their communities.
SECTION 9. CURFEW FOR MINORS. Pursuant to City Ordinance No. 2003-22 for the
protection of children
below (18) years old, they shall be prohibited from staying late at night time outside the
premises of
their residences beginning at 9:00 o’clock in the evening to 5:00 o’clock in the morning
for twelve
(12) years old and below and 10:00 o’clock in the evening to 5:00 o’clock in the morning
for minors
below eighteen (18), except when accompanied by their parents, guardians, elders,
peace officers,
Sangguniang Panlungsod members and/or Barangay Officials.
SECTION 10. ESTABLISHMENT OF SAGIP BATANG MANGGAGAWA ACTION
TEAM. The Sagip Batang
Manggagawa also known as the “Inter-agency Quick Action Team Against Child Labor”,
shall be
established to immediately respond and act upon reported cases involving child labor.
The said team
shall have the following position:
1. Representative of the Department of Labor and Employment (DOLE);
2. Representative of the Public Employment Service Office (PESO);
3. Representative of the Social Welfare Office;
4. Officer of the PNP;
5. Representative from three (3) NGOs;
6. Action Officer of Child Welfare Council;
7. Action Officer of the BCPC;
8. Chairman of the Committee of the Social Services
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(cont. Ord. No. 2005-03, enacted on 21 January 2005)
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SECTION 11. CRISIS INTERVENTION CENTER (CIC). The City shall institutionalize a
CIC within general
that will provide integrated services such as immediate financial and material assistance
(transportation assistance, burial assistance, medical and hospitalization assistance,
educational
assistance and clothing assistance) augmentation assistance during disasters and
referrals for
immediate medical legal, psychological and other service including temporary shelter to
families and
individuals. Moreover, it shall cater to children who are abandoned sexually or
physically abused,
neglected, victim of incest and/or rape and exploited, among others, such unit shall
operate 24 hours
to respond to any crisis situation at any given time.
SECTION 12. STIMULATION THERAPEUTIC ACTIVITY CENTER (STAC). The city
recognizes that about
10% of every population has some form of disability (WHO statistic). Out of the said
number, 35%
are children with disabilities. Many of them have not received rehabilitation services due
to high cost
of services, transportation and other incidental expenses. STAC is a community-based
project that
aims to improve the condition of children with disabilities in the City of Alaminos by
providing them
free rehabilitation and social services.
SECTION 13. INFORMATION COMMUNICATION TECHNOLOGY PROGRAM (ICT).
The City shall
conceptualize programs to promote the development of the Out of School Youth to
become self-
reliant, economically productive, socially responsible citizens able to contribute to the
development of
the family and community. The ICT program is a computer training program for OSY in
Alaminos City
with an inclusion of daily instruction on life skills largely based in the DSWD’s life skills
package
“Unlad Kabataan Program”, OSY who are qualified but who cannot afford their
transportation in
attending the training, Barangay counterpart is encouraged to appropriate fund to the
aid of the OSY.
ARTICLE IV
PARTICIPATION RIGHTS OF CHILDREN
SECTION 1. CONVENTION OF MINORS FOR THE PURPOSE OF CONSULTATION.
It is important to
consult and provide venue for expression of children’s view in the City Policies.
Consistent to this, it is
necessary that 7 to 12 years old and 13 to 18 years old are convened once a year,
specifically during
the children’s month to be heard collectively of their clamors and needs. Every NGOs
concerned with
these groups of children shall be instrumental in the process of the preparation and
evaluation of the
conviction.
SECTION 2. THREE-GENERATION ENCOUNTER. There will be a yearly three-
generation encounter of
grandparents, parents and children aging 12-16 years to bridge the generation gaps
and parents’
fictitious.
ARTICLE V
CHILDREN IN CONFLICT WITH THE LAW
a. Cases involving children in conflict with the law shall be dealt with in accordance with
the
provision of PD 603, Family Courts law and other pertinent National Statutes and the
Rules of
Court on Juvenile in conflict with the law, Rule on Commitment of Children and other
pertinent
rules thereof.
b. The LCPC in coordination with National Line Agencies shall initiate appropriate
training unit, and
the Barangay Police.
ARTICLE VI
RIGHTS AND RESPONSIBILITIES OF THE CHILD
SECTION 1. RIGHTS OF THE CHILD. All children shall be entitled to the rights herein
set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religion, political
antecedents and other
factors.
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(cont. Ord. No. 2005-03, enacted on 21 January 2005)
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1. Every child is endowed with the dignity and worth of a human being from the moment
of his
conception, as generally accepted in medical parlance, and has, therefore, the right to
be born
well.
2. Every child has the right to a wholesome family life that will provide him with love,
care and
understanding, guidance and counseling, and moral and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a
home.
3. Every child has the right to a well-rounded development of his personality to the end
that he may
become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy
and
understanding, and shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education
and
care by his particular condition.
4. Every child has the right to a balanced diet, adequate clothing, sufficient shelter,
proper medical
attention, and all the physical requirements of a healthy and vigorous life.
5. Every child has the right to be brought up in an atmosphere of morality and rectitude
for the
enrichment and the strengthening of his character.
6. Every child has the right to an educator, commensurate with his abilities and to the
development
of his skills for the improvement of his capacity for service to himself and to his
fellowmen.
7. Every child has the right to full opportunities for safe and wholesome recreation and
active
individual as well as social, for the wholesome use of his leisure hours.
8. Every child has the right to protection against exploitation, improper influences,
hazards, and
other conditions or circumstances prejudicial to his physical, mental, emotional, social,
and moral
development.
9. Every child has the right to live in a community and a society that can offer him an
environment
free from pernicious influences and conductive to his promotion of his health and the
cultivation
of his desirable traits and attributes.
10. Every child has the right to the care, assistance, and protection of the State,
particularly when his
parents or guardians fails or unable to provide him with his fundamental needs for
growth,
development, and improvement.
11. Every child had the right to an efficient and honest government that will deepen his
faith in
democracy and inspire the morality of the constituted authorities both in their public and
private
lives.
12. Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination to
contribute
his share in the building of a better world.
SECTION 2. RESPONSIBILITIES OF THE CHILD. Every child, regardless of the
circumstances of his birth,
sex, religion, social status, political antecedents and other factors shall:
1. Strive to lead an upright and virtuous life in accordance with the tenets of his religion,
the
teachings of his elders and mentors, and the biddings of a clean conscience;
2. Love, respect and obey his parents, and cooperate with them in the strengthening of
the family;
3. Extend to his brother and sisters his love, thoughtfulness, and helpfulness, and
endeavor with
them to keep the family harmonious and united;
4. Exert his utmost to develop his potentialities for service, particularly by undergoing a
formal
education suited to his abilities, in order that he may become an asset to himself and to
society;
5. Respect not only his elders but also the customs and traditions of our people, the
memory of our
heroes, the duly constituted authorities, the laws of our country, and the principles and
institutions of democracy;
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(cont. Ord. No. 2005-03, enacted on 21 January 2005)
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6. Participate actively in civic affairs and in promotion of the general welfare, always
bearing in
mind that it is the youth who will eventually be called upon to discharge the
responsibility of
leadership in shaping the nation’s future; and
7. Help in the observance of individual human rights, the strengthening of freedom
everywhere, the
fostering of cooperation among nations in the pursuit of their common aspirations for
programs
and posterity, and the furtherance of world peace.
SECTION 3. COMMENCEMENT OR CIVIL PERSONALITY. The civil personality of the
child shall
commence from the time of his conception, for all purposes favorable to him, subject to
the
requirements of Article 41 of the New Civil Code.
SECTION 4. ABORTION. The abortion of a conceived child, whether such act be
intentional or not, shall be
governed by the pertinent provisions of the Revised Penal Code.
SECTION 5. NON-DISCLOSURE OF BIRTH RECORDS. The records of a person’s
birth shall be kept strictly
confidential and no information relating thereto shall be issued except on the request of
any of the
following:
1. The person himself, or any person authorized by him;
2. His spouse, his parent or parents, his direct descendants, of the guardian or
institution legally in-
charge of him if he is a minor;
3. The court of proper public official whenever absolutely necessary in administrative,
judicial or
other circumstances surrounding his birth; and
4. In case of the person’s death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least
two
(2) months or a fine in an amount not exceeding five hundred pesos, or both, in the
discretion of the
court.
SECTION 6. CHILD’S WELFARE. In all questions regarding the care, custody,
education and property of
the child, his welfare shall be the paramount consideration.
ARTICLE VII
PARENTAL AUTHORITY
Chapter 1
GENERAL PROVISIONS
SECTION 1. Pursuant to the natural right and duty of parents over the person and
property of their
unemancipated children, parental authority and responsibility shall include the caring for
and rearing
of such children for civic consciousness and efficiency and the development of their
moral, mental
and physical character and well-being.
SECTION 2. Parental authority and responsibility may not be renounced or transferred
except in the cases
authorized by law.
SECTION 3. The father and mother shall jointly exercise parental authority over the
persons of their
common children. In case of disagreement, the father’s decision shall prevail, unless
there is a
judicial order to the contrary.
SECTION 4. In case of absence or death of either parent, the parent present shall
continue exercising
parental authority. The remarriage of the surviving parent shall not affect the parental
authority over
the children, unless the court appoints another person to be the guardian of the person
or property
of the children.
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(cont. Ord. No. 2005-03, enacted on 21 January 2005)
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SECTION 5. In case of separation of the parents, parental authority shall be exercised
by the parent
designated by the court. The court shall take into account all relevant considerations,
especially the
choice of the child over seven years of age, unless the parent chosen is unfit.
No child under seven years of age shall be separated from the mother unless the court
finds
compelling reasons to order otherwise.
SECTION 6. In case of death, absence or unsuitability of the parents, substitute
parental authority shall be
exercised by the surviving grandparent. In case several survives, the one designated by
the court,
taking into account the same consideration mentioned in the preceding article, shall
exercise the
authority.
SECTION 7. No descendant shall be compelled, in a criminal case, to testify against his
parents,
grandparents, except such testimony is indispensable in a crime against the descendant
of by one
parent against the other.
Chapter 2
SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
SECTION 8. In default of parents of a judicial appointed guardians, the following
persons shall exercise
substitute parental authority over the child in order indicated:
1. The surviving grandparent, as provided in Section 6;
2. The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified;
and
3. The child’s actual custodian, over twenty-one years of age, unless unfit or
disqualified.
Whenever the appointment of a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed.
SECTION 9. In case of founding, abandoned, negligence or abused children and other
children similarly
situated, parental authority shall be entrusted in summary judicial proceedings to heads
of children’s
home, orphanages and similar institutions duly accredited by the DSWD, supervision,
instruction or
custody.
SECTION 10. The school, its administrators and teachers or the individual entity or
institutions engaged in
childcare shall have special parental authority and responsibility over the minor child
while under
supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or
outside
the premises of the school, entity or institutions.
SECTION 11. Those given the authority and responsibility under the preceding section
shall be principally
and solidarily liable for damages caused by the acts or omissions of the unemacipated
minor. The
parents, judicial guardians or the persons exercising substitute parental authority over
said minor
shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply
if it is
proven that the person exercise the proper diligence required under the particular
circumstances.
All other cases not covered by this and the preceding articles shall be governed by the
provision of the Civil Code on quasi-delics.
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(cont. Ord. No. 2005-03, enacted on 21 January 2005)
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Chapter 3
EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF CHILDREN
SECTION 12. The parents and those exercising parental authorities shall have, with
respect to their
unemancipated children or wards, the following rights and duties:
1. To keep them in their company, to support, educate and instruct them by right
precept and good
example, and to provide for their upbringing in keeping with their means;
2. To give them love and affection, advice and counsel, companionship and
understanding;
3. To provide them with moral and spiritual guidance, inculcate in them honesty,
integrity, self-
discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs and
inspire in
them compliance with the duties of citizenship;
4. To enhance, protect, preserve, and maintain their physical and mental health at all
times;
5. To furnish them with good and wholesome educational materials, supervise their
activities, and
prevent them from acquiring habits detrimental to their health, and studies morals;
6. To present them in all matters affecting their interest;
7. To demand from them respect and obedience;
8. To impose discipline on them as may be required under the circumstances; and
9. To perform such other duties that are imposed by law upon parents and guardians.
SECTION 13. Parents and other persons exercising parental authority shall be civilly
liable for the injuries
and damages caused by the acts or omissions of their unemancipated children living in
their company
and under their parental authority subject to appropriate defenses provided by law.
SECTION 14. The courts may appoint by the guardian ad litem when the best interests
of the child so
require.
SECTION 15. The parents or, in their absence or incapacity, the individual entity or
institution exercising
parental authority, may petition the proper court of the place wherein the child resides,
for an order
providing for disciplinary measures over the child. The child should be entitled to the
assistance of
council, either of over his choice or appointed of the court, and a summary hearing shall
be
conducted wherein the petitioner and the child shall be heard.
However, if in the same proceeding the courts find the petitioner at fault, irrespective of
the
merits of the petition, or when the circumstances so warrants, the courts may also order
the
deprivation or suspension of parental authority or adopt such other measures as it may
just and
proper.
SECTION 16. The measures referred to in the preceding section may include the
commitment of the child
for not more than thirty (30) days in entries or institutions engaged in the child care or in
children’s
homes duly accredited by the DSWD.
The parent exercising parental authority shall not interfere with the care of the child
whenever committed but shall provide for his support. Upon proper petition or at its own
instance,
the court may terminate the commitment of the child whenever just and proper.
Chapter 4
EFFECT OF THE PARENTAL AUTHORITY UPON THE PROPERTY OF THE
CHILDREN
SECTION 17. The father and the mother shall jointly exercise legal guardianship over
the property of their
unemancipated common child without the necessity of a court appointment. In case of
disagreement,
the father’s decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds
P50,000.00, the parent concerned shall be required to furnish a bond in such amount of
the court
may determine, but not less than ten per centum (10%) of the value of the property or
annual
income, to guarantee the performance of the obligations prescribed for general
guardians.
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ON 2. INFORMATION DISSEMINATION. The LGU information Officer/Office is hereby directed
to
formulate and implement an information dissemination program informing the general public and
of
this Code, and cause the printing and distribution of this Code.
SECTION 3. APPROPRIATIONS. The amount necessary to carry out the provisions of this
Code is hereby
authorized to be appropriated, specifically 5% of the Annual Development Fund of the City and
additional 5% from each additional fund from other sources.
SECTION 4. SEPARABILITY CLAUSE. If, for any reason/s, any part or provisions of this Code
shall held to
be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby
shall
continue to be in full force and effect.
SECTION 5. REPEALING CLAUSE. All ordinances, resolutions, executive orders and other
issuances that are
inconsistent with any of the provisions of this Code are hereby repealed or modified accordingly.
SECTION 6. EFFECTIVITY CLAUSE. This Code shall take effect after the completion of its
publication in a
newspaper of general circulation and posting in at least two (2) conspicuous places.
Sponsored by : HON. CONSTANTE R. CARASI, M.D.
Co-sponsored by : HON. MA. ANGELA A. BRAGA