Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

7118

House Bill No. _"

Introduced by Representatives MARK AERON H. SAMBAR
JERICHO JONAS B. NOGRALES and KARLO ALEXEI B. NOGRALES

AN ACT CREATING THE PHILIPPINE COMMISSION ON CHILDREN,
DEFINING ITS POWERS, FUNCTIONS, AND RESPONSIBILITIES, AND
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Republic of the Philippines, through the Council for the Welfare of Children
(CWO), has been steadfast in its commitment to promote and protect the rights of
children. This obligation is enshrined in the 1987 Constitution, the Presidential Decree
No. 603 or the Child and Youth Welfare Code, and the United Nations Convention on the
Rights of the Child (UN CRC).

Over the years, emerging issues have increased the vulnerability of children to all
forms of harm, abuse, exploitation, and violence. Several policies, programs, and
mechanisms have been formulated and implemented to address this. However, an
enhanced integrated approach must be adopted to safeguard the welfare of children
and ensure compliance to our laws and international commitments. Hence, the State

uses the CWC as the authority on children’s concerns, rights, and advocacy, to pursue

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this endeavor. Pursuant to Presidential Decree 603 and Executive Order No. 233, s.
1987, it is the focal inter-agency body for children. It is mandated to coordinate and

monitor the implementation of policies, programs, and measures for children.

The UN Committee on the Rights of the Child (UN CRC) called on the Philippine
government to strengthen CWC being the main coordinating body for children. It
emphasized the need for CWC to have adequate human, financial, and technical
resources to ensure its effective functioning. To support the Philippines’ cause for, by,
and with children, this Congress pursues its indubitable duty to create a more
responsive and focused arm of the government that shall protect and promote the

rights of children.

Hence, this bill seeks to abolish the Council for the Welfare of Children and create the
Philippine Commission on Children (PCCh); and establish linkages with government
agencies and non-government agencies and with the regional and local level through
the Local Councils for the Protection of Children (LCPCs) at the barangay, municipal,
city, and provincial levels and through the seventeen (17) Regional Committees /Sub-
Committees on Children (RC/SCCs).

In view of these, the immediate passage of this bill is earnestly sought.

M.: ABRON, ;AMBAR JERICHO » NOGRALES

‘LO ALEXEI B. NOGRALES

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

7118

House Bill No.

Introduced by Representatives MARK AERON H. SAMBAR
JERICHO JONAS B. NOGRALES and KARLO ALEXEI B. NOGRALES

AN ACT CREATING THE PHILIPPINE COMMISSION ON CHILDREN,
DEFINING ITS POWERS, FUNCTIONS AND RESPONSIBILITIES AND
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

Section 1. Short Title. - This Act shall be known as the “Philippine Commission on
Children Act of 2018.”

Section 2. Declaration of Policy. ~ The child is one of the most important assets of the
nation. Every effort shall be exerted by the State to promote his or her rights, ensure
their holistic development, and enhance his or her opportunities for a useful and

happy life.

In pursuit of this, the State shall create the focal agency to coordinate the

implementation and enforcement of all laws relative to the promotion of child welfare

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

House Bill No. 7118

Introduced by Representatives MARK AERON H. SAMBAR
and JERICHO JONAS B. NOGRALES

AN ACT CREATING THE PHILIPPINE COMMISSION ON CHILDREN,
DEFINING ITS POWERS, FUNCTIONS AND RESPONSIBILITIES AND
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

Section 1. Short Title. - This Act shall be known as the-“Philippine Commission on
Children Act of 2018.” :

Section 2. Declaration of Policy. ~ The child is one of the most important assets of the
nation. Every effort shall be exerted by the State to promote his or her rights, ensure
their holistic development, and enhance his or her opportunities for a useful and
happy life.

In pursuit of this, the State shall create the focal agency to coordinate the

implementation and enforcement of all laws relative to the promotion of child welfare

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so as to formulate and evaluate policies, programs and services relative to the

development of the general welfare and protection of the best interests of children.

The United Nations Committee on the Rights of the Child notes that the Council for
the Welfare of Children (CWC) continues to be the focal inter-agency body for
children in the Philippines with the mandate to coordinate the implementation and

enforcement of all laws, policies, programs and measures for children.

Further, the United Nations Committee on the Rights of the Child welcomed the
Philippines’ initiatives to address the lack of implementation at the local level through
the establishment of the Local Councils for the Protection of Children (LCPCs) at the
barangay, municipal, city and provincial levels as well as of the seventeen (17) Regional
Committees/Sub-committees for the Welfare of Children (RC/SCWCs), linking the
national government with the local government units (LGUs). However, the
committee expresses concern at the lack of human, financial and technical resources
allocated to the CWC, LCPCs and RC/SCWCs, which may prevent the effective

functioning of such mechanisms.

To this end, the State hereby adopts an integrated approach, using the Commission as
the authority on children’s concerns, rights and advocacy. In accordance with this
integrated and holistic approach, the Commission must be further redefined as a
sustainable, independent, visible, credible, responsive, proactive and focused arm of

the government.
Section 3. Definition of Terms. As used in this act:

(a) “Child” refers to a person below eighteen (18) years of age or those over
but are unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of physical
or mental disability or condition.

(b) “Commission” refers to the Philippine Commission on Children (PCCh)

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(0) “Resource mobilization” refers to all activities undertaken by the agency
to secure new and additional human, financial and material resources to
advance its mission.

(@)  “LCPC” refers to the Local Council for the Protection of Children. The
LCPC is an institutional mechanism in all levels of local government units
that:

i. advocates child rights;
ii. plans, initiates, or recommends interventions, and
iii, monitors children’s programs and projects in the locality
(€) Regional Committee / Sub-Committee on Children (RC/SCC) refers to a
structure created at the regional level composed of the regional
counterparts of the Technical Advisory Group of the Commission and local

government units (LGUs).

Section 4. The Philippine Commission on Children. In pursuance of the abovementioned
policies, the Philippine Commission on Children (PCCh) is hereby created, hereinafter

referred to as the Commission.
The Commission shall be attached to the Office of the President.

Section 5. The Composition of the Commission. - The Commission shall be composed of
Board of Commissioners headed by the Chairperson.

(a) The Chairperson shall be appointed by the President from a list of
qualified nominees submitted by the Advisory Board. He/she shall:

a. Provide leadership in the realization of the vision and mission

of the Commission

b. Update and advise the President on matters pertaining to
children

(b) The Board of Commissioners shall be composed the following:

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a. Four (4) Commissioners on Child Protection, Child Health and
Nutrition, Child Development, and Child Participation

The Commissioners shall be private individuals concerned with
the welfare of children and an active member of a legitimate

children’s organization.

The Commissioners shall be members of NGOs duly registered
with the Securities and Exchange Council (SEC) and with
membership preferably in all cities and provinces throughout the
country.

They shall be nominated by the Technical Advisory Group (TAG)
of the Commission, for appointment by the President for a term

of three (3) years, subject to one (1) re-appointment.

b. The Secretary of the Department of Agriculture

c. The Secretary of the Department of Education

d. The Secretary of the Department of Health

e. The Secretary of the Department of Interior and Local
Government

£. The Secretary of the Department of Justice

g. The Secretary of the Department of Labor and Employment

h. The Secretary of the Department of Social Welfare and
Development

i. The Director-General of the National Economic Development
Authority

j. The Executive Director of the National Nutrition Council

k. Child Representative

The child representative shall be an active member of a legitimate
children’s organization. He/she shall be nominated by the

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Technical Advisory Group (TAG) of the Commission, for
appointment by the President for a term of three (3) years, subject

to one (1) re-appointment.

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 from the

following:

(1) Department of Agriculture (DA)

(2) Department of Budget and Management (DBM)

(3) Department of Health (DOH)

(4) Department of Information and Communications Technology (DICT)

(8) Department of Interior and Local Government (DILG)

(6) Department of Justice (DOJ)

(7) Department of Labor and Employment (DOLE)

(8) Department of Social Welfare and Development (DSWD)

(9) National Economic Development Authority (NEDA)

(10) National Nutrition Council (NNC)

(11) National Youth Commission (NYC)

(12) Office of the Cabinet Secretary

(13) Philippine Information Agency (PIA)

(14) Philippine Sports Commission (PSC)

(15) Chair of the Convergence of Councils and Committees on Children (Four
Cs)

(16) Commission Secretariat

(17) Three (3) private individuals

(18) Child Representative

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The TAG may invite relevant government and non-government and other institutions

and agencies for technical assistance, as deemed necessary.
Section 7. Objectives of the Commission. The Objectives of the Commission are:

{a) To provide the leadership in the formulation of policies and in the setting of
P P P iB
priorities and direction of all child promotion and development programs and

activities;

(b) To encourage wide and active participation of the children in all governmental

and non-governmental programs, projects and activities affecting them;

(©) To harness and develop the full potential of the children as partners in nation-
building; and

(d)To supplement government appropriations for child promotion and

development with funds from other sources.

Section 8. Powers and Responsibilities of the Commission. The Commission shall have the

following powers:

(a) To coordinate the implementation and enforcement of all policies, plans, and

programs relative to the promotion and protection of child’s rights and welfare;

'b) To set-up a system of networking and coordination with and among all existi
Paay B 1B ting
government agencies and non-government organizations for the effective

implementation of plans and strategies for children;

(0) To serve as an oversight body over the 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;

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(d) To conduct researches and studies on children in coordination with other

government agencies, bureaus, offices, departments, and/or instrumentalities;

(©) To 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;

(8 To review, monitor and evaluate all policies (local and international), plans,
projects and programs on the rights of the child, by establishing a monitoring
and evaluation system which shall serve as the primary monitoring, evaluation,

and reporting tool of the Commission;

(g) To advocate, pilot test, and recommend to the President and other appropriate
agencies for implementation on a nationwide scale when appropriate, new,
innovative, programs and services for the general welfare and protection of the
child;

(h) To 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;

@

To mobilize resource assistance and call upon and utilize department, bureau,
office, agency, or instrumentalities, public, private, or voluntary, for such

assistance as it may require in the performance of its functions;

() To call upon and coordinate with relevant government and non-government

and other institutions and agencies for assistance in any form;

(k) To enter into contracts facilitating the implementation of undertakings for
children and the acceptance of donations, gifts, bequests, and grants, among

others;

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() To submit annually to the President a comprehensive report on its activities

and accomplishments; and,

(m) To perform such other functions as may be necessary to effectively and
efficiently carry out the provisions of this Act.

Section 9. Commission Secretariat. The Commission shall organize a secretariat that will
serve as its executive arm to be headed by an Executive Director. He/she shall take
charge of the administration, direction, and supervision of the Secretariat and ensure

the implementation of Commission resolutions and decisions.

The Secretariat shall be composed of the following divisions organized in coordination
with the Civil Service Commission and the Department of Budget and Management:

1. Office on Coordinating, Planning and Programming
a. Policy and Planning Division

b. Monitoring and Evaluation Division

2. Office on Communications and External Affairs
a. Advocacy and Communications Division

b. External Partnerships Division

3. Office on Localization and Regional Coordination
a. Localization and Institutionalization Division
b. Regional Committees/Sub-Committees on Children (RC/SCC)

4. Office on Administrative, Finance, and Support Services

a. Administrative and Finance Division
There shall be two (2) permanent Deputy Executive Directors who shall head these

Offices. They shall provide assistance and advice to the Executive Director in child-

related concerns and in the overall direction and supervision of the day-to-day

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operations of the specific offices under them. They may take charge of any special
projects/ programs assigned by the Executive Director.

The Executive Director and the Deputy Executive Directors shall be appointed by the
President and shall respectively have the rank, privileges and emoluments of a Career
Executive Service Officer I and Career Executive Service Officer II, and shall receive

such other allowances and benefits as may be provided by law.

Section 10. Sectoral Committees and Sub-Committees.- Sectoral committees shall hereby
be created following the five (5) areas of concerns of the UN Convention of the Rights
of the Child. Additional committees or sub-committees may be created to address

emerging or specific concerns of children. The five areas of concern are:

(1) Children in Need of Special Protection;

(2) Family Environment and Alternative Care;
(3) Civil Rights and Freedom;

(4) Basic Health and Welfare; and

(6) _ Education, leisure, and cultural activities.

Section 11. Convergence of Councils and Committees on Children (Four C’s) - The Four C’s
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.

As the focal governmental inter-agency body on children’s concerns and the
overarching mechanism on child protection, the Commission shall ensure the
convergence of efforts in addressing children’s issues and concerns among, these
councils and committees through an improved and efficient coordination in planning,

data-sharing and align monitoring and oversight practices.

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Section 12. Regional Committee / Sub-Committee for the Welfare of Children (RC/SCC).
There shall be a Regional Committee / Sub-Committee for the Welfare of Children
(RC/SCWC) in each region. The RC/SCWC will be under the administration and
supervision of the Commission Secretariat. The chair and vice-chairpersons of the
RC/SCWC shall be elected by its members to come from government agencies and/or
non-government organizations. They shall ensure the effective implementation of this

Act at the regional and LGU levels and coordination among the member agencies.

The RC/SCC will be composed of permanent representatives who shall have a rank
not lower than an assistant regional director or its equivalent to be designated by the
concerned department heads from the following agencies and shall receive
emoluments as may be determined by the Commission in accordance with existing

budget and accounting rules and regulations:

(a) Department of Social Welfare and Development (DSWD);

(b) Department of Justice (DOJ);

(c) Department of Labor and Employment (DOLE);

(d) Department of Education (DepEd);

(ec) Department of Health (DOH);

(f) Department of Interior and Local Government (DILG);

(g) Department of Agriculture (DA);

(h) Department of Information and Communications Technology (DICT);

(i) National Economic Development Authority (NEDA);

(j) National Nutrition Council (NNO);

(k) League of Provinces of the Philippines (LPP);
() Three (3) representatives from NGOs operating within the region selected by

the RCSC based on the criteria established by the Commission; and
(m) One (1) sectoral representative from the children sector within the

region.

Section 13. Establishing and Strengthening the Local Councils for the Protection of Children
(LCPC).- The LCPC shall be responsible for planning and spearheading programs for

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children at the local level. The Commission shall work in coordination with the DILG
and other relevant agencies to ensure the establishment and strengthening of the
LcPc.

The LCPCs shall be allotted at least 7% of the local government's total budget

appropriations.

The Commission on Audit (COA) shall conduct an annual audit on the use of the
allotted budget for the purpose of determining its judicious use and the efficiency, and
effectiveness of interventions in addressing child-related issues towards the
realization of the objectives of the country's commitments, plans, and policies on

children.

Section 14. Honoraria. - The chairperson and the members of the Commission,
members of the sectoral committees, sub-committees, task forces and other structures
that may be created under the Commission shall receive honoraria for every meeting
actually attended. The amount of which shall be determined by an appropriate
Commission resolution and authorized by the Department of Budget and
Management.

Section 15. Abolition of the Council for the Welfare of Children. The Council for the
Welfare of Children (CWC) is hereby abolished. The appropriations, personnel,

programs and activities of the CWC, including its membership to existing committees,

councils and other inter-agency bodies, shall be transferred to the Commission.

Section 16. Transitory Provisions. -Upon approval of this act, the officers and staff of
the CWC Secretariat shall, in a hold over capacity, continue to perform their duties
and responsibilities in a holdover capacity and receive their corresponding salaries
and benefits.

Those incumbents whose positions are not included in the approved new staffing
pattern of the Council Secretariat or not reappointed shall be deemed separated from
the service. Such shall receive the retirement benefits to which they may be entitled
under existing laws, rules and regulations. Otherwise, they shall be paid the

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equivalent of one and one-fourth (1 1/4) 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 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 law.

The new position structure and staffing pattern by the Commission shall be
recommended by the Executive Director 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 of the Commission shall be extended 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 17. Implementing Rules and Regulations. The Commission Secretariat, in
coordination with the proper standing committees of both Houses of Congress and in
consultation with the Board of Commissioners, shall promulgate the implementing
rules and regulations (IRR) for this Act within ninety (90) days after its enactment;
Provided, that the rules and regulations issued by other government agencies and
instrumentalities for the prevention and/or abatement of violation of child’s rights
not inconsistent with this Act shall supplement the rules and regulations issued by the

Commission pursuant to the provisions of this Act.

Section 18. 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) as additional funding for the Commission to be charged
against the unexpended contingency funds of the Office of the President.

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Thereafter, the amount necessary for its continued implementation shall be included
in the budgets of the Commission 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/SCCs and
LCPCs.

Additional funds may be appropriated annually from any funds in the National
Treasury not otherwise appropriated but may be necessary for the operation and

maintenance of Commission.

Section 19. Repealing Clause. - All laws, orders, orders, rules and regulations
inconsistent with or contrary to the provisions of this act are deemed amended,

modified or repealed accordingly.

Section 20. 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 21. Effectivity Clause. - This Act shall take effect fifteen (15) days upon
completion of its publication in the Official Gazette or at least two (2) national

newspapers of general circulation

Approved.

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