Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

EIGHTEENTH (18™) CONGRESS
First Regular Session

House Bill No. 1049

Introduced by:

RUDY S. CAOAGDAN
Province of Cotabato Second District Representative

EXPLANATORY NOTE

Education is a step away from poverty.

Aware of this inescapable reality, the state vigorously promotes education and
allocates substantial resources to make it free at all levels.

Yet, data from the Department of Education on participation and completion
rates of learners, especially in the lower and intermediate stages of formal education
show a dismal fact. Parents or guardians have miserably failed in their principal function
to send their minor children or wards to school, or otherwise ensure that they complete
what they have started.

RA 7610, while covering the major aspects of societal ails affecting the child,
omits considering as a form of child abuse the parent’s or guardian’s failure to send
their minor child or ward to school. Thus, this bill proposal.


RUDY S. \GDAN
pr tative
ind District
Province of Cotabato

An Act Declaring the Failure of parents or guardians to send their minor child
or ward to school as a form of Child Abuse defined in R.A. 7610, as amended,
providing the penalty therefor, and for other purposes

Section 1. The failure of parents or guardians to send to school their minor
child or ward, either intentionally or by neglect, shall be considered a form of
child abuse as defined in Section 3. (b) of R.A. 7610, as amended, and shall be
penalized, as follows:
a. First Offense: Fine not exceeding Five Thousand Pesos and school -
related community service of six months;
b. Second Offense: Fine not exceeding Ten Thousand Pesos and school -
related community service of twelve months;
c. Third Offense: Fine not exceeding Fifteen Thousand Pesos, school -
related community service of eighteen months, and deprivation of
parental control over the affected minor;

Section 2. Complaints for violation of the act defined herein may be filed by the
officer or representative of the Department of Education;

Section 3. A violation of this act shall be deemed an act of moral turpitude. It
will have the effect of forfeiture of benefits if the offender is a recipient of any
grant from a government program. It will be a ground for administrative
discipline for misconduct if the offender is a public officer.

Section 4. The original jurisdiction over cases involving this act is vested in the
family courts; Provided that in cities or provinces where there are no family
courts, the regional trial courts shall have original jurisdiction. The courts shall
give preference to the hearing or disposition of cases involving violations of this
Act.

Section 5. The provisions of R.A. 7610, as amended, shall apply in suppletory
character to this Act;

Section 6. Separability Clause. If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not otherwise declared shall
continue in full force and effect;


Section 7. Repealing Clause. All laws decrees, or rules inconsistent with the
provisions of this Act are hereby repealed or modified.

Section 8. Effectivity Clause. This Act shall take effect upon completion of its
publication in at least two (2) newspapers of general circulation.