Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill Noe Bz

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Children have a vital role in nation building. The role of children is crucial
to the nation’s development. Through proper guidance and support of the State,
the youth of our country can exercise their full potential towards national
development. In order to fully bring out the drive, passion and determination of
the youth to become the forefront of national development, it is only necessary
that the State provide measures to implement and enforce laws related to the
welfare of children and to formulate and monitor policies and programs linked
with the youth.

This Bill is intended to reorganize the Council for the Welfare of Children
into the Philippine Commission on Children. The Philippine Commission on
Children shall, among others, serve as an oversight body over committees,
councils, and other structures and recommend areas of convergence for an
improved and efficient coordination, information-sharing and monitoring of the
safety and well-being of a child, and formulate an integrated national policy,
plans, programs, and pilot projects including services relative to the development
of the general welfare and protection of the best interests of the child. The
Philippine Commission on Children Act provides for the composition of the
Commission, its powers and functions, the Technical Advisory Group and other
provisions especially created to promote the welfare of children.

In view of the foregoing, the passage of this Bill is earnestly sought.

Que C- DN,

ERIC OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

6237
House Bill No.

a

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ
Jee eee
AN ACT REORGANIZING THE COUNCIL FOR THE WELFARE OF
CHILDREN INTO THE PHILIPPINE COMMISSION ON CHILDREN,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the
"Philippine Commission on Children Act".

SECTION 2. Declaration of Policy. - It shall be the policy of
the State to promote the welfare of the children. As children play a
big role towards the development of the country, it is only necessary
that the formulation of policies and the implementation of laws
relative to children’s welfare be ensured by the State.

SECTION 3.. Reorganization of the Council for the Welfare
of Children (CWC) into the Philippine Commission on Children.
- The Council for the Welfare of Children is hereby reorganized into


the Philippine Commission on Children, hereinafter referred to as the
“Commission”, attached to the Office of the President (OP).

SECTION 4. Composition of the Commission. - The
Commission shall be composed of a Board of Commissioners to be
headed by a Chairperson who shall provide the leadership in the
realization of the vision and mission of the Commission.

The chairperson shall have the rank and privileges of a
department undersecretary. The appointive commissioners shall
have the rank and privileges of a department undersecretary. The
appointive commissioners shall have the rank and privileges of an
assistant secretary of a department.

The Board of Commissioners shall be composed of the following:

a.) Heads of the following government officer:
i, Department of Social Welfare and Development
(DSWD);
Department of Agriculture (DA);
Department of Budget and Management (DBM);
iv. Department of Health (DOH);
. Department of Interior and Local Government (DILG);
i. Department of Justice (DOJ);
Department of Labor and Employment (DOLE);
National Economic Development Authority (NEDA);
ix. National Nutrition Council (NNC);
x. National Youth Commission (NYC); and
xi. Convergence of Councils and Committees on
Children (Four Cs).

b. Three (3) private individuals recognized as child advocates
representing Luzon, Visayas and Mindanao;
c. One (1) child representative; and
d. The Executive Director of Commission.
The Chairperson and Commissioners shall be appointed by the
President from a list of at least three (3) but not more than five


(5) nominees for each position, submitted by child-serving
organizations or institutions in their respective areas duly
registered with the Securities and Exchange Council (SEC).
They shall serve for a term of three (3) years, with reappointment
for another term.

SECTION 5. Powers and Functions. - The Commission shall

have the following powers and functions:

a. Formulate an integrated national policy, plans, programs,
and pilot projects including services relative to the
development of the general welfare and protection of the
best interests of the child;

b.Coordinate the implementation and enforcement of all
policies, plans, and programs relative to the promotion and
protection of child’s rights and welfare;

c. Set-up a system of networking and coordination with and
among all existing government agencies and non-
government organizations for the effective implementation
of plans and strategies for children;

d.Serve as an oversight body over committees, councils, and

other structures and recommend areas of convergence for
an improved and efficient coordination, information-
sharing and monitoring of the safety and well-being of a
child;

Conduct researches and studies on children in

coordination with other government agencies, bureaus,
offices, departments, or instrumentalities;
Review, monitor and evaluate all local and international
policies, plans, projects and programs on the rights of the
child, by establishing a third party monitoring and
evaluation system;

g. Advocate, recommend for approval of the President and

other appropriate agencies, and implement on a
nationwide scale when appropriate, new, innovative,

f)

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programs and services for the general welfare and
protection of the child;

h.To mainstream the concerns and issues affecting children
and to provide and maintain the necessary medium to
perform such function;

. Provide avenues for the institutionalization, technical
assistance, and the needed capacity building for the
effective implementation of policies, programs, and
projects of the Commission, especially those that involve
the setting up or strengthening of mechanisms for, by, and
with children;

j. Mobilize resource assistance and call upon and utilize a
department, bureau, office, agency, or any
instrumentalities thereof, public, private, or voluntary, for
such assistance as it may require in the performance of its
functions;

k. Ensure convergence efforts in addressing children’s issues
and concerns among councils and committees through an
improved and efficient coordination in planning, data-
sharing and align monitoring and oversight practices;

1, Enter into contracts facilitating the implementation of
undertakings for children and the acceptance of
donations, gifts, bequests, and grants, among others;

m. Submit annually to the President and to Congress a
comprehensive report on its activities and
accomplishments; and

n.Perform such other functions as may be necessary to
effectively and efficiently carry out the provisions of this
Act.

SECTION 6. Technical Advisory Group. - A Technical
Advisory Group (TAG) shall be created under the Commission.
The TAG shall deliberate on the concerns and the
recommendations of the sectoral committees, sub-committees,


and other relevant structures. It shall also submit
recommendations to the Commission on needed policy
guidelines, projects and activities for the welfare of children. It
shall be composed of bureau and service heads or equivalent of
member agencies and organizations as appropriate. The TAG
shall also be composed of one representative each of the Board
of Commissioners enumerated in Section 4 hereof.

The TAG shall convene quarterly, to be attended by the
heads of the aforementioned agencies, to submit policy and
programmatic recommendations for adoption of the
Commission. All resolutions adopted by the Commission shall
be officially forwarded to the Office of the Cabinet Secretary, for
endorsement to the President. The TAG may invite relevant
government and non-government and other institutions and
agencies for technical assistance, as deemed necessary.

SECTION 7. Secretariat. - The Commission shall organize a
secretariat that will serve as its executive arm to be headed by
an Executive Director, assisted by a Deputy Executive Director,
who shall ensure the implementation of resolutions and
decisions and shall take charge of the administration, direction,
and shall exercise general supervision and control over the
personnel of the Secretariat.

The Secretariat shall be composed of the following
Bureaus organized in coordination with the Civil Service
Commission (CSC) and the Department of Budget and
Management (DBM):

a.) Bureau on Coordinating, Planning and Programming
i. Policy and Planning Division
ii. Monitoring and Evaluation Division
b.) Bureau of Communications and External Affairs


i, Advocacy and Communications Division
ii. External Partnership Division
c.) Bureau of Localization and Regional Coordination
i. Localization and Institutionalization Division
ii, Regional Committees/Sub-Committees for the
Welfare of Children (RC/SCWC)
d.) Bureau on Administrative, Finance and Support Services
i, Administrative and Finance Division
ii, Procurement and Supply Division
iii. Internal Audit Division

The Executive Director and Deputy Executive Director
shall be nominated by the Board of Commissioners and shall be
subsequently appointed by the President with the rank,
privileges and emoluments of Career Executive Service Officer
Il and Career Services Officer I, respectively, and shall receive
such other allowances and benefits as may be provided by law.

SECTION 8. Sectoral Committees and Sub-Committees. —
Sectoral committees shall hereby be created and enumerated in
the Implementing Rules and Regulations of this Act, following
the concerns of the UN Convention of the Rights of the Child.
Should the need arise, committees or sub-committees may be
modified or created to address emerging or specific concerns of
children.

SECTION 9. Convergence of Councils and Committees on
Children (Four Cs). - The Four Cs shall be created as the
system of collaboration and coordination among all councils
and committees to specifically address concerns on children. It
shall ensure effective and harmonious work relationship among
all structures on children and to address their issues at the
national, regional and local levels.


The Four Cs shall be composed of the Chairperson of the
Councils which were created based on already existing laws, as
follows:

1. Committee for the Special Protection of Children;

2. National Child Labor Committee;

3. National Council on Children’s Television;

4, Inter-Agency Council Against Trafficking;

5.Inter-Agency Council on Violence Against Women and

their Children;

6. Juvenile Justice Welfare Council;

7. Inter-Agency Council Against Child Pornography;

8. Inter-Agency Committee on Children in Armed Conflict;

9. Early Childhood Care and Development Council; and
10. National Council on Disability Affairs.

All the other and subsequent councils and committees
created with direct implications on children shall be a part of
the Four Cs. The Commission shall issue a Resolution to
formalize these memberships.

The Four Cs shall convene quarterly, to be attended by the
Chairperson or the Alternate Chairpersons of the member
agencies, to submit policy recommendations for adoption of the
Commission. All Resolutions adopted by the Commission shall
also be officially forwarded to the Chairperson of the
Commission.

The Commission shall oversee the implementation of the
Resolutions among the members of the Four Cs.

SECTION 10. Membership to Agencies Created by Special
Laws and issuances on Children. - The Commission shall
take the place of the Council for the Welfare of Children as
member of and ensure coordination with agencies created
under special laws and issuances such as:


1. The Special Committee for the Protection of Children
(under Republic Act 7610 and strengthened under
Executive Order No. 53 s. 2011);

2. The National Child Labor Committee (created under
the DOLE’s Philippine Plan of Action against Child
Labor);

3. The National Council on Children’s Television (under
Republic Act No. 8370);

4. The Inter-Agency Council Against Trafficking (under
Republic Act No. 9208);

5. The Inter-Agency Council on Violence Against Women
and their Children (under Republic Act No. 9262);

6. The Juvenile Justice Welfare Council (under Republic
Act No. 9344);

7. The Inter-Agency Council Against Child Pornography
(under Republic Act No. 9775); and

8. The Inter-Agency Council on Children in Armed
Conflict (Executive Order No. 138 s. 2013).

SECTION 11. Honoraria. - The Chairperson and Board of
Commissioners, members of the sectoral committees, sub-
committees, task forces and other structures that may be
created under the Commission shall receive honoraria which
shall be subject to existing laws.

SECTION 12. Transitory Provisions. - Upon approval of this
Act, the officers and staff of the Secretariat of the Council for
the Welfare of Children shall continue to perform their duties
and responsibilities and receive their corresponding salaries
and benefits. Incumbents whose positions are not included in
the approved new staffing pattern of the Commission or not
reappointed shall be deemed separated from the service. Such
incumbents shall receive the retirement benefits to which they
may be entitled under existing laws, rules and regulations, or


shall be paid the equivalent of one (1) month basic salary for
every year of service or the equivalent nearest fraction thereof
favorable to them on the basis of the highest salary received, in
addition to the retirement benefits or pensions under existing
retirement laws.

A new position structure and staffing pattern of the
Commission Secretariat shall be determined by the Chairperson
and Executive Director, in consultation with the Board of
Commissioners, and recommended for approval by the
Secretary of the Department of Budget and Management with
due concurrence of the Civil Service Commission within one
hundred and twenty (120) days from the approval of this Act.
Authorized positions created thereunder shall be filled with
regular appointments. The authority of the Executive Director
shall extend to: (1) appointments and other personnel actions
in accordance to Section 29, Chapter 6, Book IV of Executive
Order No. 292 or the Administrative Code of 1987.

SECTION 13. Delineation of Authority over the Age Groups
between the National Youth Commission and the
Philippine Commission on Children. - All policy and
programmatic concerns of a child youth, aged 15-18, shall be
the sole mandate of the Philippine Commission on Children. The
definition of children and youth shall be clearly differentiated in
the Implementing Rules and Regulations of this Act.

SECTION 14. Implementing Rules and Regulations (IRR). -
The Secretariat, in coordination with the Board of
Commissioners, shall promulgate the IRR within ninety (90)
days after its enactment; Provided, That the rules and
regulations issued by other government agencies and
instrumentalities for the prevention or abatement of violation of
child’s rights not inconsistent with this Act shall supplement


the rules and regulations issued by the CWC pursuant to the
provisions of this Act.

SECTION 15. Appropriations. - The amount necessary to
cover the initial implementation of this Act shall be charged
against the current year’s appropriations of the concerned
implementing departments/agencies.

There is hereby authorized to be appropriated the initial
amount of One hundred million pesos (P 100,000,000.00) as
additional funding for the Commission to be charged against
the unexpended contingency funds of the Office of the
President.

Thereafter, the amount necessary for its continued
implementation shall be included in the budget of the
concerned agency in the annual General Appropriations Act.

Adequate funds shall be appropriated annually from any
funds in the National Treasury not otherwise appropriated but
may be necessary for the operation and maintenance of the
Commission including the effective functioning of RC/SCWCs
and LCPCs.

SECTION 16. Repealing Clause. - All laws, orders, orders,

tules and regulations inconsistent with or contrary to the

provisions of this act are deemed amended, modified or repealed
accordingly.

SECTION 17. Separability Clause. - If any part or provision
of this Act is declared unconstitutional, the same shall not affect the
validity and effectiveness of the other provisions hereof.

SECTION 18. Effectivity - This Act shall take effect fifteen (15)

days after its publication in at least two (2) national newspapers of
general circulation.

Approved,