Republic Of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HouSEBILLNo.      7707
Introduced by Representatives Doris E. Maniquiz and Jefferson F. Khonghun
AN ACT
ESTABLISHING THE ZAMBALES BAHAY KALINGA FOR SEXUALLY ABUSED
AND EXPLOITED CHILDREN, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PuRPOSES
EXPLANATORY NOTE
It  is  very  disheartening  that  the  Province  of  Zambales  is  experiencing  a
continuous surge of child abuse and exploitation cases.   In a report by the Philippine
National Police in Zambales for 2022, there were a total of 137 reported child abuse
cases - commission  of Acts  of Lasciviousness  (Article  366  of the  Revised  Penal
Code):  Rape,  and Qualified  Rape (Republic Act (RA) 8353 or the Anfi.-Rape Law of
7997); Child Abuse and  Exploitation (RA 7610 or the Speci.a/ Profectfon of Chi./dren
Against Abuse, Exploitation and Discrimination Act).. Sate Spaces (RA 11313 or the
Safe Spaces Act). To highlight, these are just the reported cases.
For 2022, the commission of these above-stated crimes were recorded  in all
the municipalities of the province, as follows:


Municipality
Total Cases
Subic
24
Castillejos
23
San Marcelino
6
San Antonio
6
San Narciso
5
San Felipe
2
Cabangan
5
Botolan
9
Iba
28
Palauig
10
Masinloc
8
Candelaria
4
Santa Cruz
7
TOTAL
137
According   to  the   consolidated   report  of  the   Municipal   Social   Work  and
Development Offices (MSWDO) of all the municipalities of Zambales, for the period of
2020-2022, there were a total of 381 sexual abuse and exploitation cases, where only
67 were referred to the Department of Sceial Wori{ and  Development (DSWD) or a
non-governmental organization  (NGO) center.  Of the 67 refemed, 44 cases are still
Onnloing.
On the other hand, the alarming majority of the reported cases, or 269 out of
the total of 381 cases, the abused or exploited children were still under the custody of
the family or relatives, with a high rate of 84% of the cases being closed already, with
only 43 onngoing cases.
The resolution of these cases may be seen in a positive disposition, however,
the  issue  of  settlement  due  to  familial  intervention  especially  if  the  abused  and
exploitedchildrenarestillinthecustodyofthesefamilymembers,isindeedveryhigh,
as shown by these figures.   Families are very eager to resolve these issues due to
socjetal  and  oultural  considerations,  especially  if the  perpetrator  is  also  a  family
member,attheexpenseofattaininggenuinejusticefortheabusedorexploitedfamily
member, their hapless child.   This scenario may also be brought about by the absence
of a dedicated  government-run  children's facility for sexually abused  and  exploited
children  in  Zambales,  thus,  the  families  will  tend  to  keep  their children  within  the


supposed  comfort  of their  homes,  even  if the  perpetrator  also  lurks  in  the  same
environment.
Moreover, as seen from the sour( records of the Regional Trial Court - Family
Court Branch  13 in Iba, Zambales covering the municipalities of Santa Cruz to San
Antonio,  of the 381  reported sexual  abuse cases,  there are only  173 current court
cases of sexual  abuse filed  for violations Of statutory rape,  qualified  rape,  acts of
lasciviousness, and lascivious conduct.  As shown by these figures, the majority of the
abuse cases never even go to court, again at the expense of the victim€hild.
In  addition,  the  passage of Republic Act  (RA)  No.  11930 or the Anf7.-On//.ne
Sexual Abuse or Exploitation Of Children (OSAEC) and Anti-Child Sexual Abuse or
Exp/Ofafron Maferi.a/s fcsAEW/ Act in 2022 can substantially increase the sexually
abused and exploited children cases, as this new law tackles child sexual abuse and
exploitation using information technology.
The  abuse  of a  child  is  always  a  heartbreaking  issue,  and  even  just  one
incidence is far too many already. The Zambales data indeed shows that there is a
very alarming rate of breaking the spirits of our dear children.  The passage of this bill
establishing a safe haven and refuge of our sexually abused and exploited children of
Zambales is thus  eamestly sought.
*,.-j.
REP. DORIS E. MANIQUIZ


Republic Of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOuSEBILLNo.      7707
Introduced by Representatives Doris E. Maniquiz and Jefferson F. Khonghun
AN ACT
ESTABLISHING THE ZAMBALES BAHAY KALINGA FOR SEXUALLY ABUSED
AND EXPLOITED CHILDREN, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PuRPOSES
BeitenactedbytheSenateand_theHouseOfRppresentativesOfthePhilippinesin
Congress assembled:
1                  SECTION  1.  Short  rlt/e.  ~ This Act shaw  be  known  as  the  "Zambales  Bahay
2         Kalinga Act of 2023".
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4                 SEC. 2. Dec/arafron ofpdr.cy. -The state recognizes the vital role of the youth in
5         nation-building and shall promote and protect their physical, moral, spiritual, intellectual,
6        emotional,  psychological  and  social  well-being.    The  State  champions  the  right  of
7        children to assistance, including proper care and nutrition, and special protection from
8        all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their
1:      tdher::'t:Pn:::tr e::::::'re:h:y :::tuemsst::]±:I:th::: aaffnedct :erh;,:'[;::ect tchh:::rseunrv]::::en':
11        normal development and over which they have  no control.   The State shall  likewise
12        intervene on behalf Of the child when the parent. guardian, teacher or person having
13        care  or  custody  of  the  child  fails  or  is  unable  to  protect  the  child  against  abuse,


1         exploitation and discrimination orwhen such acts againstthe child are committed bythe
2        said parent, guardian, teacherorperson having care and custodyofthe same.  Towards
3        this end, the best interests of children shall be the paramount consideration in all actions
4        concerning  them,  whether undertaken  by  public or private social  welfare  institutions,
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courts of law, administrative authorities, local government units, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United Nations
Convention  of 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.
SEC 3. De#nitjon of Ter7r}s. -As used in this Act:
(a)Zambales    Bahay    Kalinga    refers   to    a    24-hour   childcaring    institution
established, funded  and  managed by the Department of Social Welfare and
Development (DSWD), providing short-term residential care and center-based
intervention   and  rehabilitation  of  children  who  are  sexually  abused   and
exploited-
(b) 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,  mental,
intellectual or sensory disability or condition;
(c) Child sexual abuse refers to any form of communication through any platform
or format, or any physical interaction between a child and any person when the
child is being used for any act or activity inducing sexual stimulation or for the
purpose  of  sexual  gratification  or  in  pursuit  of  the  desire  to  have  camal
knowledgeofthechild,regardlessofthegenderoftheperpetratororthevictim,
or the consent of the victim;
(d) Child  sexual  exploitation refers  to  any  of the  following acts even  if consent
appears to have been granted by the child:


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(1)       Child    sexual    abuse    with    consideration    whether    monetary    or
nonmonetary  consideration,  favor,   or  benefit  in  exchange  for  the
opportunity to perform such abusive or exploitative act;
(2)       Actual  sexual   intercourse  with  a  child  or  children  with  or  without
consideration;
(3)       Employing fraud,  machination,  undue influence,  intimidation, threat or
deception   by   any   person   to   commit  sexual   abuse   of  or  sexual
intercourse with a child or children; or
(4)       Any other similar or analogous acts related  to child  abuse,  cruelty or
exploitation or to be responsible for other conditions prejudicial to the
development of the child;
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13                   (e) Sexual   activity includes  the  following acts,  whether  actually  performed  or
14                          si mulated :
15                         (1)       Sexual  intercourse  or  lascivious act,  including  contact  involving  the
16                                      genitalia, oral stimulation of the genitals or oral stimulation of the anus,
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whether between persons of the same or opposite sex;
(2)        Masturbation;
(3)       Sadistic or masochistic abuse;
(4)       Lascivious exhibition of the genitals, buttocks, breasts, pubic area and
anus;
(5)        Bestiality;
(6)       Use of any object or instrument for lascivious acts; or
(7)       Any other analogous circumstance;
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26                  SEC.  4.   Establishment  Of  the   Zambales  Bahay  Kalinga.  ~There  shall  be
27      established in the province of zambales a Bahay Ka"nga to serve sexuawy abused and
28      exploited children (beneficiaries),  under the direct supervision and management of the
29       DSWD.
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1                  SEC. 5. Functions of the zambales Bahay Kalinga. -The Bahay Kalinga shall
2       provide the  beneficiaries within  its territorial jurisdiction  institutionalized  residential care
3      programs and services such as but not limited to:
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(a) Comfortable living quarters;
(b) Adequate food and clothing;
(c) Medical consultation or treatment;
(d) Health care;
(e) Recreational and social interaction activities;
(f)  Counseling and psychological services;
(g) Case conference;
(h) Family dialogue and outreach to existing family for reintegration;
(i)  Literacy education;
0)   Free legal services, which shall include information about the victim's rights and
the procedure for filing of complaints, claims for compensation and such other
legal remedies available to them in a language understood by the child;
(k) Productivity development and skills training; and
(I)   Religious, cultural and vocational activities.
SEC. 6. fronaffons. - The Zambales Bahay Kalinga can accept all foreign and
20      local  donations  in  cash  or  in  kind  directed  to  it,  from  aH  sources,  such  as  foreign
21      governments,    bilateral   or   multilateral   organizations   and   institutions,   and   private
22      individuals, groups, partnerships or corporations for purposes relevant to their respective
23      functions, and which shall be used to cover the Zambales Bahay Kalinga's operations
24      expense;  support for the beneficiaries; construction,  maintenance,  rehabilitation.  repair
25      and reconstruction of permanent and temporary structures; and other expenses deemed
26      allowed  under  existing  government  auditing  rules  and  regulations.  Such  donations,
27      whether in cash or in kind, shall be deemed automatically appropriated, and shall be tax
28      exempt.
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3o                 SEC.i.  Exemptions Of the Zambales Bahay Kalinga. ~ The Zambales Bahay
31      Kalinga shall be exempted from the payment of oustoms duties, taxes, and tariffs on the


1      importation  of equipment  and  supplies  used  actually,  directly,  and  exclusively  by the
2      Zambales Bahay Kalinga pursuant to this Act, including those donated to it.
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4                 SEC. 8. Appropr.afi.ons. -The amount necessary to cai'ry out the provisions of
5      this Act shall  be  included  in the General Appropriations Act of the  DSWD of the year
6      following its enactment into law and every year thereafter.
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8                 SEC.  9.  Implementing  Rules  and  Regulations.  -The  DSNVD  shall  hereby
9      promulgate the rules and regulations to carry out the provisions of this Act not later than
10      ninety (90) days after its effectivity.
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12                   SEC.10.  isafrara4M.fry cyBusg.  -If any provision of this Act is declared  invalid or
13      unconstitutional, the provisions not affected thereby shall remain in full force and effect.
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15                   SEC.11.  #t3jRE/H."g  Cra&5€.  -All  laws,  presidential  decrees,  executive  orders,
16      presidential   proclamations,   rules  and   regulations  or  parts  thereof  contrary  to   or
17      inconsistent with this Act are hereby repealed or modified accordingly.
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ig                  SEC.12. fifatwfty crawse, -This Act shall take effect fifteen (15) days following
2o      its publication in the cmacxb/GaLzaffeor in a newspaper of general circulation.
Approved,