Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No._ 3052

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
ESTABLISHING A NATIONAL STRATEGIC MISSING CHILDREN RECOVERY
PROGRAM, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

A majority of our children, despite their tender age, experience exploitation,
violence and abuse due to the many ills pervading in society today. From child
laborers, street children and children who are victims of rape or sexual abuse, it is
always the little children who suffer the most. But it is not only the duty of the parents
and their families to protect and care for their children but most the duty of the State as
well, based on the concept of Parens Patriae. Article 14, Section 3, of the 1987
Philippine Constitution also states that: ‘Filipino children have the right to assistance,
including proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty, exploitation and other conditions prejudicial to their development.” That
is why there are government agencies that specifically look into cases that violate the
rights of children.

The Council for the Welfare of the Children is the agency that oversees children's
protection, welfare and development in the Philippines. It has sectoral panels or task
forces that focus on the five major areas of the Philippine Plan of Action for Children
(PPAC) and the Convention on the Rights of the Child (CRC) which are: 1) family care
and alternative parental arrangements; 2) basic health, nutrition, social security and
safe environment; 3) basic education, leisure, recreation and cultural activities; 4)
protection of children in especially difficult circumstances; and 5) fundamental civil


Tights. Yet, there is no specialized agency or among the major areas which oversees
cases relating to missing children.

This bill, therefore, seeks to establish a National Strategic Missing Children
Recovery Program which will aid in returning missing children to the care and protection
of their parents or legal guardians. This is to address the problem of a significant
number of children who are separated from their families for reasons such as natural
calamities as well as forced and involuntary disappearances.

The program will be under the Council for the Welfare of Children and coincides
with the creation of a sixth sectoral panel: the Sectoral Panel on Missing Children. The
said Sectoral Panel shall establish and operate a national resource center and
information clearinghouse. Among Its functions include: (1) coordinating public and
private programs which will locate, recover and reunite missing children with their
Parents or legal guardians and (2) establishing and operating a national missing
children telephone hotline.

With the measure’s passage, more children will be reunited with their families
where they can continue to grow under their protection and care.

In view of the foregoing, the urgent passage of this bill is sought.

DIOSDAD' AL ARROYO GLORIAMACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

052

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
ESTABLISHING A NATIONAL STRATEGIC MISSING CHILDREN RECOVERY
PROGRAM, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "National Strategic
Missing Children Recovery Program Act of 2013."

SECTION 2. Declaration of Principle. - The State reiterates its responsibility as
Parens Patriae to protect the welfare of children especially in the wake of the following
developments, namely

4. Each year, hundreds of children are abducted or removed from the protection

and care of their parents or legal guardians with such parents or legal guardians’

consent, under circumstances which place these children in grave danger,

2. Many of these children are never reunited with their families;

3. Often there are no clues to the whereabouts of these children;

4. Many missing children are at risk of both physical harm and sexual
exploitation;


5. In many cases, parents and local law enforcement officials, have neither the
expertise nor the resources to mount expanded search efforts;

6. Abducted children are frequently moved from one locality to another, requiring
the cooperation and coordination of both local and national law enforcement
efforts; and

7. On frequent occasions, law enforcement authorities quickly exhaust all leads
in missing children cases, and require assistance from distant communities
where the child may be located.

SECTION 3. Definition of Terms. — For the purpose of this Act,

1. The term "missing child" shall refer to any individual less than 18 years of age
whose whereabouts are unknown to such individual's parents or legal guardian if;

a) the circumstances surrounding such individual's disappearance indicate
that such individual may possibly have been removed by another from the
protection and care of such individual's parents or legal guardian without
such parents or legal guardian's consent; or

b) the circumstances of the case strongly indicate that such individual is
likely to be abused or sexually exploited;

2. The term "Council" shall refer to the Council for the Welfare of Children;

3. The term "Chairperson" shall refer to the Chairperson of the Sectoral Panel on
Missing Children of the Council for the Welfare of Children of the Department of
Social Welfare an Development; and

4. The term "Sectoral Panel" shall refer to the Sectoral Panel on Missing
Children.

SECTION 4. Creation of the Sectoral Panel on Missing Children. - A sixth
sectoral panel, the Sectoral Panel on Missing Children, shall be established at the
Council for the Welfare of Children. The Sectoral panel shall be the primary unit in the
Council that shall assist law enforcement agencies in the prompt resolution of cases
involving missing children

The Sectoral Panel shall adhere to the rules and regulations governing the
operation and administration of the Council

SECTION. 5. Duties and Functions of the Sectoral Panel. — The Sectoral Panel
on Missing Children shall:


1. Establish and operate a national resource center and information
clearinghouse designed to:

a. provide technical assistance to national and local governments,
nongovernmental organizations (NGOs) and individuals in locating and
recovering missing children;

b. coordinate public and private programs which locate, recover, and
reunite missing children with their parents or legal guardian;

c. disseminate information about innovative programs, services, and
legislation on missing children

2. Establish and operate a national missing children telephone hotline by which
individuals may report information regarding the location of any missing child, or
request information pertaining to procedures necessary to reunite such child with
the child's parents or legal guardian;

3. Annually conduct national incidence studies to determine the actual number of
children reported missing, the number of children who are victims of abduction by
strangers and the number of children who are recovered each year.

4. Analyze, compile, publish, and disseminate an annual summary of recently
completed researches, as well as national and local demonstration projects
relating to missing children with particular emphasis on:

a. Effective models of national and local agencies for locating missing
children;

b. Effective educational methods designed to promote community
awareness of the problem to prevent the abduction and sexual exploitation
of children; and

c. Effective programs which provide counseling and treatment to families
of missing children or to children who have been victims of abduction or
sexual exploitation;

SECTION 6. Duties and Functions of the Chairperson. - The Chairperson shall:

a. issue such rules as the Chairperson considers necessary or appropriate to
carry out the duties and functions of the Sectoral Panel on Missing Children;

b. prepare, subject to the review and approval of tile Technical Management
Committee, an annual comprehensive plan for facilitating cooperation and
coordination among all agencies and organizations with responsibilities related to
missing children;


©. provide adequate staff and agency resources which are necessary to properly
carry out the responsibilities of the Sectoral Panel;

d. The Chairperson shall provide grants to or enter into contracts with other
government agencies, government-owned and controlled corporations, private
corporations, and NGOs, pursuant to the provisions of Section 8 of this Act

e. The Chairperson shall receive and manage funds from external resources

including donations, grants and endowments for the implementation of its

programs pursuant to the provisions of Section 5 of Act.

SECTION 7. Additional Members to the Council Board. - The Council Board
Shall have as additional members the Philippine National Police and the National
Bureau of Investigation or their duly authorized representatives.

SECTION 8. Grants. - The Chairperson is hereby authorized to make grants to
private corporations, government agencies or NGOs, or combinations thereof for
fesearch, demonstration projects or service programs designed to:

a. Educate parents, children, and local communities in ways to prevent the
abduction and sexual exploitation of children;

b. Provide information to assist in the locating the recovery of missing children;

c. Aid communities in the collection of materials which would be useful in the
identification of missing children;

d. Increase knowledge of and develop effective treatment pertaining to the
psychological consequences, on the family of the missing child;

e. Collect detailed date on the actual investigation practices utilized by law
enforcement agencies in missing childrens’ cases.

In considering grant applications, the Executive Director shall give priority to
applicants who have a proven tack record or experience in:

a. Locating missing children or locating and reuniting missing children
b. Providing other services to missing children or their families; or

c. Conducting research relating to missing children with their parents or legal
guardians;

SECTION 9. Criteria for Grants. - Subject to the review and approval of the
Technical Management Committee, the Chairperson shall establish annual research,


demonstration, and service program priorities for making grants and contracts pursuant
to section 8 of this Act.

SECTION 10. Appropriations. - To carry out the provisions of this Act, the
amount of Five Million Pesos (P5,000,000.00) shall be appropriated to the Sectoral
Panel under the General Appropriations for the first year of implementation. Thereafter,
such amount as may be necessary to carry out this purpose shall be included in the
budget of the Council for the Welfare of Children in the General Appropriations Act.

SECTION 11. Separability Clause. — If any provision of this Act or the application
of such provision to any person or circumstances is declared unconstitutional, the
remainder of the Act or the application of such provision to other persons or
circumstances shall not be affected by such declaration

SECTION 12. Repealing Clause. — All laws, presidential decrees, executive
orders, rules and regulations that are contrary to the provisions of this Act are hereby
repealed, amended and modified accordingly.

SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,