Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifieenth Congress
First Regular Session

COMMITTEE REPORT NO.
Submitted by the Committee on the Welfare of Children on__ 4 9 4AN 2011

Re: House Bill No.__ 3986
Recommending its approval in substitution of House Bill No. 166

Sponsors: Representatives Aurora Enerio-Cerilles and Magtanggol T. Gunigundo I

Mr Speaker:

The Committee on the Welfare of Children to which was referred House Bill No. 166
introduced by Rep. Magtanggol Gunigundo I, entitled:

"AN ACT
AMENDING REPUBLIC ACT 7610, OTHERWISE KNOWN AS THE
‘SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
CHILD EXPLOITATION AND DISCRIMINATION ACT’ BY
PENALIZING ANY ACT THAT PREVENTS THE CHILD TO LEARN
AND USE THE LANGUAGE OF HIS FAMILY IN HIS BASIC
EDUCATION, AND FOR OTHER PURPOSES" 398 6

has considered the same and recommends that the attached House Bill _ , entitled :

“AN ACT
PENALIZING ANY ACT PROHIBITING THE CHILD TO LEARN AND
USE THE FIRST LANGUAGE OR MOTHER TONGUE IN BASIC
EDUCATION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
7610 ALSO KNOWN AS ‘SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION

AcT’”

be approved in substitution of House Bill No. 166 with Reps. Magtanggol ‘.
Gunigundo I, Aurora Enerio-Cerilles, Susan Yap. Imelda Calixto-Rubiano, Bemadette
Hererta-Dy, Joseph Victor G. Ejercito, Daryl Grace J. Abayon, Abigail Faye C. Ferriol,



Emmeline Y. Aglipay, Josephine Veronique Lacson-Noel, and Nancy A. Catameo as
authors thereof.

Respectfully submitted,

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY


CCommittse Report On House Bill N
AS THE "SPECIAL PROTECTION OF
DISCRIMINATION ACT BY PENAL

PANGUAGE OF PIS FAMILY IN HIS BASIC FOC

HON. BERNADETTE [IERRERA-DY

HON. wes ABAYON

HON. CZARINA D. UMALI

HON. LUCY T. GOMEZ

. CATAMCO
~

HON. ANA CRISTINA S. GO

HON. soot An

HON. IMI ¥ Q./DIMAPORO.

IC ACT 7610, OTHERWISE KNOWN

EXPLOITATION AND
ARN AND USE THE

ING REPU

VICE CHAIRPERSONS

xv

IGAIL FAYE C. FERRIOL

JOD)

MEMBERS

HON. MARIA ca frons-arsay

HON. ARTURO B. ROBES
HON, JOSEPHINE VERONIQUE R. LACSON-NOEL

A “EMMI” A. DE JESUS

yw
fu
HON. EMMELIXE Y. “AGL IPAY

HON. CINCHONA CRUZ-GONZALES.

ANI MERCADO-REVILLA


HON.

HON

HON.

HON,

HON,

HON.

HON,

HON.

TION AND
wN AND USE THE

EX OFFICIO MEMBERS

HON. FELICIANO BELMONTE JR.

RAUL A. DAZA

PABLO P. GARCIA

. JESUS CRISPIN C. REMULLA

MAJORITY

. NEPTALI M. GONZALES II

HON. LORENZO R. TANADA IIT

HON. ARNULFO P. FUENTEBELLA

MARIA ISABELLE G. CLIMACO

HON.

AJORITY LEAI

OR DI

|. ROMAN T. ROMULO

MAR-LEN ABIGAIL BINAY

DAISY A. FUENTES

ROMERO FEDERICO S. QUIMBO

HON. RODOLFO C. FARINAS

HON. MAGTANGGOL ¢NIGUNDO.

HON. JORGE JOHN B. BANAL JR.


Commitee Report On Fi
AS THE SPECIAL PRO’
DISCRIMINATION ACT BY P
LANGUAGE OF HIS FAMILY IN

Bll No. 166, entitled “AN ACT

AC ACT 7619, OTHERWISE KNOWN
ABUSE, CHILD EXPLOITATION AND.

VENTS THE CHILD TO LEARN AND USE THE

THER PURPOSES

MINORITY LEADER SENIOR DEPUTY MINORITY LEADER
HON, EDCEL C. LAGMAN HON. DANILO E. SUAREZ

DEPUTY MINORITY LEADERS

HON. AUGUSTO L, SYJUCO JR. HON. CARLOS M. PADILLA

HON. MA, AMELITA C, VILLAROSA HON. MARC DOUGLAS C. CAGAS IV

CHAIRMAN, COMMITTEE ON ACCOUNTS

HON. FLORENCIO ‘BEM’ G. NOEL.

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
Quezon City


Fifteenth Congress
First Regular Session

3986

HOUSE BILL NO,

Introduced by Honorable Magtanggol T. Gunigundo I

AN ACT
PENALIZING ANY ACT PROHIBITING THE CHILD TO LEARN AND USE.
THE FIRST LANGUAGE OR MOTHER TONGUE IN BASIC EDUCATION,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO, 7610 ALSO KNOWN
AS “SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT”

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

SECTION 1. Section 1 of Republic Act No. 7610 is hereby amended to read as

follows:

“Section |. Declaration of Policy. — \t is hereby declared to be

the policy of the State to provide special protection to children from all
forms of abuse, neglect, cruelty, exploitation and discrimination, and other
conditions prejudicial to their development WHICH SHALL INCLUDE
THE PROHIBITION TO LEARN AND USE IN BASIC EDUCATION
THE FIRST LANGUAGE OR MOTHER TONGUE OF THE CHILD,
AND provide sanctions for their commission and carry out a program for

intervention in situations of child

prevention and deterrence of and cri

abuse. exploitation and discrimination. The State shall intervene on

behalf of the child when the parent, guardian, teacher or person having


20

a

22

23

care or custody of the child fails or is unable to protect the child against
abuse, exploitation and discrimination or when such acts against the child
are committed by the said parent, guardian, teacher or person having care
and custody of the same.

It shall be the policy of the State to protect and rehabilitate
children gravely threatened or endangered by circumstances which affect
or will affect their survival and normal development and over which they
have no control.

The best interests of children shall be the paramount consideration
in all actions conceming them, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principles of First Call for Children
as enunciated in the United Nations Convention on the Rights of the
Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life. THE STATE
RECOGNIZES THE RIGHT OF THE CHILD TO EDUCATION ON
THE BASIS OF EQUAL OPPORTUNITY AND WITH A VIEW OF
ACHIEVING THIS RIGHT PROGRESSIVELY. THE STATE
LIKEWISE RECOGNIZES THE RIGHT OF THE CHILD TO ENJOY
AND PRACTICE THE CULTURE, PROFESS THE RELIGION, AND
SPEAK THE FIRST LANGUAGE OR MOTHER TONGUE WHICH

THE CHILD IDENTIFIES WITH OR IS IDENTIFIED BY OTHERS.”


1

2

20

2a

22

23

24

SEC.2. Section 3 of the same Act is hereby amended by adding paragraph

(e) to read as follows:
“SEC.3. Definition of Terms. ~
xxx Xxx XXX
(E) “FIRST LANGUAGE OR MOTHER TONGUE” REFERS
TO THE NATIVE LANGUAGE A CHILD HAS LEARNED FROM
BIRTH, KNOWS BEST, AND USES MOST, AND IS OFTEN THE
BASIS FOR SOCIOLINGUISTIC IDENTITY.”
SEC. 3. Section 10 of the same Act is hereby amended by adding
paragraph (f) to read as follows:
“SEC.10. Other Acts of Neglect, Abuse, Cruelty, or
Exploitation and Other Conditions Prejudicial to the Child's
Development. ~
xxx XXX xxx
(F) “ANY PERSON WHO IMPOSES A FINE OR OTHER
SANCTIONS AS A FORM OF DISCIPLINE WHICH TENDS TO
DISCRIMINATE AGAINST THE CHILD’S RIGHT TO LEARN OR
USE THE FIRST LANGUAGE OR MOTHER TONGUE IN SCHOOL.”
SEC. 4. Section 31 of the same Act is hereby amended by adding
paragraph (g) to read as follows:
“SEC. 31. Common Penal Provisions. —
XXX XXX XXX
(G) ANY PERSON WHO SHALL VIOLATE SEC. 10 (F) OF

THIS ACT SHALL SUFFER THE PENALTY OF A FINE OF NOT


av

2

23

14

45

7

18

20

LESS THAN FIFTY THOUSAND PESOS (P50,000.00) BUT NOT
MORE THAN ONE HUNDRED THOUSAND PESOS (P100,000.00)
OR IMPRISONMENT OF NOT LESS THAN SIX (6) MONTHS BUT
NOT MORE THAN TWO (2) YEARS, OR BOTH, AT THE
DISCRETION OF THE COURT.

THE PRIVATE SCHOOL OWNER, DIRECTOR, PRINCIPAL,
SUPERVISOR AND TEACHER SHALL BE JOINTLY LIABLE TO
PAY THE FINE AND SHALL INDIVIDUALLY SERVE THE
PENALTY OF IMPRISONMENT IMPOSED.

THE TEACHER, PROFESSOR, OR SUPERVISOR OF THE
CHILD IN ANY GOVERNMENT OR PUBLIC SCHOOL OR
INSTITUTION SHALL ALSO BE ADMINISTRATIVELY

SUSPENDED FOR THREE (3) MONTHS WITHOUT PAY.”

SEC. 5. Repealing Clause. ~ All laws, decrees, executive orders, rules and
regulations, or parts thereof, inconsistent with the provision of this Act are hereby
modified, amended or repealed accordingly.
SEC. 6. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of general

circulation.

Approved,

RRB/BDSRMCiecre
GEN-LS0L-01NNTU
Gunigardo. Mether tongue


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, ie
FIFSEENTH CONGRESS

First Regniar Session

HOUSE BILL NO. 166

Introduced by ATTY. MAGTANGGOL T. GUNIG!

EXPLANATORY NOTE

This re-filed bill is originally HB 6436 that we filed is
person for preventing a child to learn and use the
pertinent provisions of the Child Abuse Law (R 4 7/60}

4? C
his family, thereby amending the

ingress which penalizes uny

‘This has been previously referred to the Committee on Justice bu

deliberations.

was not taken up for

‘This measure is consistent with the principle of First Call for Children
Article 28 of the United Nations Convention on the Rights of a Child chat “the States Parties
recognize the right of the child to education and with a view to achieving this sight
progressively and on the basis of equal opportunity”. Anent thereto, Arricle 30 emphasizes thar
“in those States in which etinic, religious o linguistic minorities or persans of indigenous
origin exist, a child belonging 10 such 2 minority ot who is indigenous shall not be denied
the eight, in community with other members of his or her group, to enjoy bis ar her own
culture, to profess and practice his oc bee own religion, or to ese his or fer own language”.

s enunciated in

The 1987 Constitution, Section 5 )) states that “ao iw’ shail 8

passed aizidging the frecdom: of specch”, Corollary to duis, Section | of Article
that “ike State shall protect and promote the sight of all citizens wo quality education at

Jevels and shail take appropeiste steps to make such education accessible 10 all”.

Section 2 of Republic Act 7610 (53 of Children Against C
Exploitation and Discrimination Act) declares that it is “the policy of the State to pra
special protection to children from all forms of abuse, neglect crunchy, exploit
and discrimination, and other conditions prejudicial to their development”,

Children, no matter how you
anytime. ‘Their right to speak eannot b
speaking in their own language

age of their family ant
nly” zones chat penalizes €

Immediate approval of this bill 3s earnestly sought.

ATTY. MAGTANGGOL ¢ p>



= FIFTEENTH CONGRESS

First Regular Sesst

HOUSE BILLNO.

Introduced

AMENDING REPUBLIC ACT 7610, OTHERWISE KNOWN AS THE
“SPECIAL PROTECTION OF CHILDREN AGAL CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT”

BY PENALIZING ANY ACT THAT PREVENTS IE CHILD TO LEARN
AND USE THE LANGUAGE OF HIS FAMILY IN HIS BASIC
EDUCATION, AND FOR OTHER PURPOSES

Be i nave bythe Senate ana the Howse of atives in Congress arsemi

Section 1, Declaration of Poli
provide special protection to children
eof their family in their

cis hereby deckarec ¢ the policy of the State to,

revention to use the
years, neglect, cruelty,
[to their development, It shall
prevention and deterrence of

m
ening process in.
condi

forms of

ion and jon, and othe

It is the declated policy of the Su ucation for all its citizens,

of the Philippines is
f existing Philippine

Pursuant to Sections 6 and 7, Anticle XIV
Filipino, As it evolves, it shall further be developed
and other languages.

Subject to provisions of law and as Congress
take steps to initiare and sustam the use of F
Janguage of instruction in the ed

propriate, the Government shall
n of official communication and as

For purposes of communication and instruction, the official languages of the Philippines are
Filipino aad, until otherwise provi

ind shall serve as

The regional languages a
ausiliary media of instruction therein

and 4 of Atticle NIV likewise provide that “the State shall establish,

wn relevant ro the needs

Seetion 2, parageaphs 1
uaintain and support a compl

of the people and seciet
as self learning, independent,
respond tw community needs

1 indivenous learning systems,
ws particularly those thar

Article 11, sections 17 and 22 of the 1
priority to education sxe so foster p
eration amd development” and “ihe Séate

vide that “the State shall give
progress, and promote total human
eadizewons exitanal communities

it che frunnework: of national

Consistent witb of the United Nations

the Siates Parteg recognize the right of the child to

principle of
Camvention on the Rights of a C

a


education and with a view to achieving this right progressively: and on the basis of cx
opportunity”. Arent thereto, Article 30 emphasizes that “in those States in which ethaic, seligions
ot linguistic minorities or persons of indigenous origin exist, a child belonging t such
minozity or who is indigenous shall not be denicd the right, in community with ches
members of his or her group, to enjoy his or her own culture, to profess and practice bis
her own religion, or to use his of her own language”.

Language plays a strategic role in shaping the formative years of learners who p
social and public life and co engage in dislogue, co 2 great extent of skills. To be «i
adapted to the culture and need of learners, edncanon and literacy programs must be delivered in
languages understood by those learners,

It has been proven conclusively that mother tongue instructional method is the most
effective tool for leaning as it affirms the value of che child and his cultural heritage enabling the
child to develop critical thinking skills and cognitive development necessary to excel in all aca
subjects including the acquisition of Filipino and English as second languages.

Secnon 3. Par. (b), Section 3 of Republic Act 7610, as amended, is hereby further amended
by adding additional sub-paragraph (3) thereto, to read as follows

3, Definition of Terms:

(b)Child Abuse- refs to the matirasneent, whether habitual or wot, of the cid shih tnchades amy of the
following:

aay
(3). Discriminating, devaluing, disciplining, fining or imposing aiher

sanctions against the child’s right to Icarn and use the language of
family in school”

Section 4. Section 31 (Common Pinal Provisions) of Republic Act 7610, is hereby further
amended by adding addinonal b @) thereto, to read as follows

“See. 31. Common Penal Provisions:

ao

(@) Penalties for Prevention t0 Use the Native Tongue. ~ Any person oho ait
violate any provision of this Act shall suffer the penalty of fine of not less thas Plix50,960
but not more than Php100,000 or imprisonment of not less than six {6} moaths but nos core
chan two (2) years or both at the discretion of the court. Private school owner, dlectus,
Principal, supervisor and teacher shall be jointly lable, co pay fine and shail serve
imprisonment individually. The teacher, professor, ot supervisor of ihe child in avy
goverament or public instiuuion, shail also be administratively suspended for thice (3)
suonths without pay.”

Section 5. Separability Clause. ~ The provisions of this Act arc hereby deemed separable
Tf any provision thereof is declared invalid or unconstitutional, such invalidity or unce
shall not affect the other provisions which shull remain in effe

scrutionality

Section 6. Repealing Clause. — AIM avs, decrees, executive orders, sules and regulations, ar
parts thereof, inconsistent with the provisions of this Act are hereby repealed.

Section 7. Effectivity. ‘Vhis Act shall rake effect thirty (3
in the Official Gazette or in « newspaper of general circulation.

cays following its publication

Approved,



HOUSE OF REPRESENTATIVES

MINUTES OF THE MEETING OF THE COMMITTEE ON THE WELFARE OF
CHILDREN HELD ON 14 DECEMBER 2010, 1:30 P.M., AT CONFERENCE ROOM 6,
RAMON V. MITRA BUILDING, HOUSE OF REPRESENTATIVES, QUEZON CITY

GUESTS IN ATTENDANCE:

1. Dir. Thelsa P. Biolena, Director IV, Department of Social Welfare and Development
2. Ms. Teresita Fuertes, Section Chief, NBOO, Department of Interior and Local

Government
Atty. Rosario Oliv
Auy. Minerva Ambr
Mr. Louie B. Pitlo, Department of Social Welfare and Development

3 rancis” Mother

4,

5.

6. Ms. Normina Mojica, Planning Officer III, Council for the Welfare of Children
%

8

9.

lo, Counsel of Georg:
Retainer Lawyer, DSWD-NCR

Mr. Amelito S. Adel, Overseas Workers Welfare Administration

. Ms. Ma. Teresa Capa, Overseas Workers Welfare Administration

). Mr. Ramil A. Andag, Research Officer, Philippine Human Rights Information Center

10.Mr. Marco Puzon, National Coordinator, Philippine Coalition to Protect Children
Involved in Army Conflict

11. Mr. Romie Halabaso, Peace Program Officer II], Office of the Presidential Adviser on
the Peace Process

12. Any. Tricia Oco, Commission on Human Rights
13, Dir. Ma. Esmeralda Mac: ‘xecutive Director, Children’s Rehabilitation Center

tor Marvin Villardo, National Bureau of Investigation
15. Ms. Rodeliza O. Barrientos, UNICEF

16. Mr. Patrick Halton, ICEF
17. Mr. Robert Mactavish, UNICEF

1. CALL TO ORDER/ ROLL CALL

The meeting was called to order at 1:45 am. with Rep. Daryl Grace Abayon, Vice
Chairperson of Committee on the Welfare of Children, presiding.

On the motion of Rep. Noel-Lacson, the calling of the roll was dispensed with.

I. OPENING PRAYER

ingat Tayo Partylist requested the body to

Vice Chairperson Daryl Grace Abayon of /
pause for a minute of silent prayer.

Ill. APPROVAL OF MINUTES OF THE DECEMBER 1, 2010 MEETING

Upon the motion of Deputy Majority Leader Gunigundo, the reading of the minutes of
the previous meeting was dispensed with and the same was approved.

ACKNOWLEDGMENT OF MEMBERS/GUESTS/RESOURCE SPEAKERS AND
OPENING REMARKS

qv.

Vice Chairperson Abayon thanked the members present during the meeting. She also
acknowledged the presence of the guests and resource persons. She mentioned that it
would be the last meeting of the Committee on the Welfare of Children for 2010



Vi

Vu.

APPROVAL OF THE COMMITTEE REPORT ON UNNUMBERED HOUSE
BILL IN SUBSTITUTION OF HOUSE BILL NO. 166

undo thanked the Cominittee for drafting the substitute
time. He introduced some amendments to the bill. On page 2
line 25, after the word practice, the entire sentence was deleted and replaced with “and
speak of histher own culture, religion, and language the child identifies with or is
identified as a native speaker of, by others. or he/she knows best and uses most.”

Deputy Majority Leader
bill in the most expeditio

Upon the motion of Congresswoman Lacson-Noel, the Committee Report on
unnumbered House bill in substitution of House Bill No. 166 entitled “An Act
Penalizing any Act that Prevents the Child to Leam and Use the Language of His/Her
Family in His/Her Basic Education, Amending for the Purpose Republic Act No. 7610
also known as ‘Special Protection of Children Against Child Abuse, Exploitation and

Discrimination Act’ was approved.

APPROVAL OF FOSTER CARE DRAFT BILL

Upon the motion of Congresswoman Lacson-Noel. the substitute bill entitled “An Act to
Strengthen and Propagate Foster Care for Abandoned and Other Children with Special
Needs, Providing Appropriations Therefor and for Other Purposes” was approved.

Deputy Majority Leader Gunigundo moved that all the members present be included as
co-authors of the Foster Care Bill. There being no objection, the motion was carried.
The Committee was also directed to seek the comments of the Committee on Ways and
Means and Committee on Appropriations regarding provisions that fall within their

respective jurisdictions.
CONTINUATION OF THE LEGISLATIVE INQUIRY ON THE SPEECH OF
HON. LANI MERCADO-REVILLA ENTITLED: “DESPERATELY SEEKING
GEORGE FRANCIS’ MOTHER”

t, the

Vice Chairperson Abayon recapped what transpired during the last meeting. F
DSWD made a commitment to the Committee to submit updates on the condition of
both the mother and the baby. Second, Congresswoman Mercado-Revilla was concerned
as 10 who should represent the mother, whether it was the DSWD or the Public
Attorney's Office. Lastly, Congresswoman Revilla also wanted to find out if there was
already an evaluation made on the possible reunification of the mother and child. Vice
on also stated that the Committee was very much concerned with the
welfare of the child. ‘ewise appealed to the DSWD that if the mother was already
deemed psycholog ally fit to take care of the child, George Francis
should no longer be deprived of his mother’s care and love and that they should be

reunited,

Chairperson Aba

On the inquiry of Congresswoman Revilla regarding the present condition of the mother
of George Francis, DSWD Director Biolena informed the body that the mother was
doing well and that she regularly visited and breastfed George Francis. She also added
that the baby had already red from hematoma, However, she said that the
psychological and psychiatric ged as they adhere to the Code

aluation cannot be divulg
of Ethics of Psychologists and Psychiatrists.


Director Biolena remarked that the reunification of George Francis and his mother was
not recommended at the moment, since the mother was still undergoing psychiatric
therapy. Moreover, she said that the mother did not want to file any case against her

employers despite what happened to her.
Congresswoman Mercado-Revilla asked if DSWD had already assigned a legal counsel

for the mother of George Francis, since a case has already been filed by NB] at the
Pasay City Court. Dir. Biolena reported that Atty. Jun Ambrosio and Atty. Rosario Gallo

had been representing DSWD in this case.
On the query of Rep. Revilla if the mother was already fit to appear before the court,
Dir. Biolena answered that they had to ask the psychiatrist about the readiness of the
mother.

Atty. Gallo, informed the body that the case was not yet in court, but the proceedings
had already been taken before the public prosecutor's office in Pasay City. The case had

just been submitted for resolution. They were now waiting for the resolution of the
public prosecutor’s office on the results of the preliminary investigation.

On the request of Rep. Revilla for the Committee on the Welfare of Children to consult
with the Committee on Women and Overseas Workers’ Affairs for a possible joint
referral, Deputy Majority Leader Gunigundo opined if the objective was to speed up the
process of oversight in aid of legislation, joint referral might unduly delay the hearings
because it required more coordinative effort between two committees, He instead
suggested for a change referral to another Committee, if deemed needed. Rep. Revilla
agreed to the suggestion of the Deputy Majority Leader and mentioned that she
preferred the bill to remain with the Committee on the Welfare of Children.

Deputy Majority Leader Gunigundo inquired if there were existing policies of
government that need to be rectified or amended to further strengthen and empower
DSWD in handling cases similar to George Francis. Dir. Biolena replied that there was a

need to strengthen the Anti-Human Trafficking Law,

Atty. Gallo added that it would be a good opportunity to make amendments to expand
the circumstances covered by the exempting circumstances to cover situations like that
of George Francis” mother who was an abused overseas worker. Deputy Majority
Leader Gunigundo stated that DSWD can submit or recommend a bill than can be filed
during the 15" Congress that will protect the welfare of the Filipino overseas workers

like what was suggested by Atty. Gallo.

Rep. Revilla asked the NBI if they were going to push through with the case considering
the circumstances of the mother and the aggravating effects that could delay the possible
reunification of the mother and child. Special Investigator Villardo responded that the
case had already been filed. but due to humanitarian reasons, upon the recommendation
of Supervising Agent Jesus Manabat and the Chief of the Foreign Liaison Division, the
case filed was abandonment instead of violation of RA 7610. He added that the penalty
for abandonment was imprisonment of below one year while the penalty for violation of

RA 7610 was six years imprisonment.

Pending result of psychiatric state of the mother of George Francis, consideration of the
privilege speech of Rep. Revilla was temporarily suspended. The agencies that were
invited will just be informed by the Committee about the schedule of the next meeting.



VII. INITIAL DELIBERATION ON CHILDREN IN) ARMED CONFLICT

MEASURES
In her sponsorship speech as author of the bill, Deputy Speaker Climaco stated that
during the conflict in Mindanao, children were used and recruited in armed conflict.
Governor Jesus Sacdalan narrated to her the plight of the children being used as envoys
in the fight against the government troops.

She mentioned that the core of the bill was the full implementation of the protection
guaranteed under the Convention on the Rights of the Child, its Optional Protocol on the
involvement of children in armed conflict as well as human rights treaties such as the
International Covenant on Civil and Political Rights and the Convention Against Torture
and Other Cruel, Inhumane and Degrading Treatment, the ILO Convention No. 182, the
Geneva Convention of 1949 and the Additional Protocols ratified by the Philippines.
She emphasized that the approval of the House Bills 1712 and 1198 were imperative to
the welfare of the children, not only those involved in armed conflict, but also those who

were affected or displaced by incessant battles.

Mr. Louie Pitlo of DSWD expressed that they strongly support the approval of the bill.
He further commented that: a.) Section 4 be replaced with “In case of doubt in the
interpretation and application of the provision of this Act, all will be resolved liberally in
favor of the children involved in, affected by, or displaced by armed conflict.”; b.)
Under Section 5(a), combat and non-combat activities should be defined and clarified 10
avoid confusion.; c.) On Section 5(r), the phrase “excessive military attacks” should be
defined; and d.) Sections 6 and 7 were interchanged, creating confusion on its
application on the sections following it (Sections 8 (a) (b), Section 9 — 2™ paragraph,
Section 10 - 4" paragraph, Section 16 -last paragraph).

Council for the Welfare of Children, Department of Interior and Local Government
Commission on Human Rights, United Nations Children’s Fund, and Philippine Human
Rights Information Center likewise conveyed their support for the approval of the bill
subject to refinements. The said agencies/organizations also expressed that they wanted
to be part of the Technical Working Group and their respective position papers will be

submitted.

Philippine Coalition to Protect Children Involved in Armed Conflict (Protect CIAC) also
conveyed strong support for the passage of the bill. Mr. Puzon of Protect CIAC noted
however that in Section 20, indigenous community should also define the means 10
safeguard and ensure the reintegration of the child to the communit

Office of the Presidential Adviser on the Peace Process (OPAPP) likewise stated strong
support for the passage of the bill. Mr. Rabaso of OPPAP suggested that a.) The bill
should be studied in light of the existing laws like the Juvenile Justice Act; b.) Instead of
an inter-agency committee, a strong unified body on child protection be created; c.)
Northern Mindanao Development Authority. Philippine Council on Women, National
Commission on Muslim Filipinos be included as implementing agencies

The Children’s Rehabilitation Center (CRC) shared that a.) they had documented 77
children. killed and 59 survived the attempt on their lives from January 2001 to June
2010; b.) thousands of children were part of families displaced during the government
military operations in Maguindanao afier the failed Memorandum of Agreement on
Ancestral Domain with the MILF in 2008; c.) resolutions on specific cases of violations
had already been filed in Congress by various lawmakers who were child rights


ssive partylist organizations like the Gabriela

advocates, especially from prog:
Women’s Party.

CRC also mentioned specific comments and recommendations such as: a.) Section 6
should include the right of children to be with their families during evacuations and in
evacuation centers and the right of children to continuing education, even when they are
in temporary evacuation centers; b.) Section 19 must include the responsibility of the
State to ensure participation of children in community process and the speedy resolution
of cases involving violation of human rights of children in armed conflict; c.) Strengthen
the role of Barangay Council for the Protection of Children (BCOC) in the prevention
and identification of CIAC; and d.) prosecute and punish authorities (military and
civilian) involved in false branding of children as child soldiers or CLAC.

Upon the twin motion of Congresswoman de Jesus, duly seconded, a Technical Working
Group was created and measures on children in armed conflict were approved in

ect to refinement.

principle sul

ADJOURNMENT

There being no other matters to discuss, the meeting adjourned at 3:35.

Prepared by:
a

FRANCOISE MARIE . ALONZO-CALALAY

SLSOI

Certified True & Correct:

MARI FE J. Meh aacroNe

Committee Secretary

Noted by:

REP. DARYL GRACE J. ABAYON
Vice Chairperson’ Presiding Officer


FACT SHEET

House Bill No. 3986
In Substitution of House Bill No. 166
(As approved by the Committee)

"AN ACT
PENALIZING ANY ACT PROHIBITING THE CHILD TO LEARN AND
USE THE FIRST LANGUAGE OR MOTHER TONGUE IN BASIC
EDUCATION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO
7610 ALSO KNOWN AS “SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION

ACT”

Introduced By: REP. MAGTANGGOL T. GUNIGUNDO I, AURORA
ENERIO-CERILLES, SUSAN A. YAP, IMELDA G. CALIXTO-RUBIANO,
BERNAEDTTE HERERRA-DY, JOSEPH VICTOR G. EJERCITO, DARYLL GRACE
J. ABAYON, ABIGAIL FAYE C. FERRIOL, EMMELINE Y. AGLIPAY, JOSEPHINE
VERONIQUE LACSON-NOEL, NANCY A. CATAMCO

Committee Referral: COMMITTEE ON THE WELFARE OF CHILDREN
Committee Chairperson’ HON. AURORA ENERIO-CERILLES

OBJECTIVES:

* To afford special protection to children by penalizing the act of preventing
them from using their first language or “mother tongue” in the learning
process; and

To encourage the use of first language or mother tongue in instruction and

learning

KEY PROVISIONS:

Amends Section 10 (Other Acts of Neglect, Abuse, Cruelty, or
Exploitation and Other Conditions Prejudicial to the Child's

Development) of Republic Act No. 7610 to include "ANY PERSON

WHO IMPOSES A FINE OR OTHER SANCTIONS AS A FORM OF

DISCIPLINE WHICH TENDS TO DISCRIMINATE AGAINST THE

CHILD'S RIGHT TO LEARN OR USE THE FIRST LANGUAGE OR

MOTHER TONGUE IN SCHOOL.”

* Adds the definition of “FIRST LANGUAGE OR MOTHER TONGUE” in

Sec. 2 (E) of RA No. 7610 as “THE NATIVE LANGUAGE A CHILD

HAS LEARNED FROM BIRTH AND IS OFTEN THE BASIS FOR

SOCIOLINGUISTIC IDENTITY.”

Provides for penalty of fine of not less than Fifty Thousand Pesos
(P50,000) but not more than One Hundred Thousand Pesos (P100,000)
or imprisonment of not less than six (6) months to a maximum of (2) two


years, or both, at the discretion of the court shall be imposed on

offenders:
a. A private school owner, director, principal, supervisor and
teacher shall be jointly liable to pay a fine and shall individually

serve the penalty imprisonment imposed; and
b. A teacher, professor, or supervisor of the child in a public school
shall also be administratively suspended for three (3) months

without pay.
RELATED LAW:
* RA7610- Anti Child Abuse Law