SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 5062

Introduced by Representative Susan A, Yap

EXPLANATORY NOTE

‘This bill seeks to provide relief and protection for children in times of calamity, disaster and
other emergency situation,

Due to its geogeaphical location and geology, the Philippines is extremely vulnerable to
calamities. ‘The country is visited by an average of twenty typhoons every year. The country has also
suffered from numerous earthquakes, voleanic eruptions, and similar disasters.

Duting these unfortunate events, children are among the worst affected and most vulnerable, In
November 2013, super typhoon Yolanda affected an estimated six million children in the Philippines
The exact numbers of children killed, injured and missing were estimated to be in thousands, while
those who survived have experienced psychosocial trauma and difficulties in evacuation centers. They
also lost invaluable time for education because of indefinite suspension of classes and educational
services and other school disturbances. Some of them are even exploited and abused due to lack of
social protection.

In June 2014, a study by the Save the Children organization showed that more than 10,000
childen aifected by ‘Typhoon Yolanda are still living in difficult situations in evacuation centers
suffering the uncertainty of their education, welfare and health. Among them, six children died after
their tent in the evacuation center was tazed by fire, Many of them were not able to go back to school.
Ie was also reported that some children are now engaged in harsh and dangerous labor:

These taumas and sufferings can be avoided or mitigated by establishing clear policies and
principles to protect the children in times of calamity and disaster. Specific measures should be
implemented to protect theis right and deliver them fom the grim realities and devastating effects of
calamities

This bill aims to provide the children affected by disaster emergency relief and protection by
establishing a strategic program of action wherein the government can immediately respond to the
needs of children, protect thei rights, and facilitate rehabilitation to ensure their prompt recovery.

Further, this bill sets standards to guide humanitarian actors and obligates government agencies
to perform priority action to protect the tights of children.

In view of the foregoing, approval of this bill is earnestly sought.

2)
SUSAN A.

Representative, 2" t of Tarlac


eI aAUuRene

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SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

5062

House Bill No.

Introduced by Representative Susan A. Yap

PROVIDING EMERGENCY RELIEF AND PROTECTION FOR CHILDREN DURING
DISASTER, CALAMITY AND OTHER EMERGENCY SITUATION
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled

SECTION 1. Short Titk. — This Act shall be known as the “Children’s Emergency Relief’ and
Protection Act?”

SEC. 2.Declaration of Policy. — It is hereby declared the policy of the State to protect the
fundamental rights of children during disaster, calamity and other emergency situation when children
are gravely threatened or endangered by circumstances that will affect their survival and normal
development. Towards this end, the State shall establish and implement a comprehensive and strategic
program of action to provide the children affected by disaster, calamities and other emergency
situations with utmost support and assistance necessary for their immediate recovery and protect them
against all forms of neglect, abuse, exploitation and other acts prejudicial to their interest and well-
being.

SEC. 3. Comprebensioe Emergency Program jor Children, ~ "The Depastment of Social Welfare

and Development (DSWD), in coordination with the Office of Civil Det ¢ (OCD), shall formulate a
Comprehensive Emergency Program for Children which shall be implemented immediately after the
declaration of a national or local state of calamity to protect the childzen and suppost their immediate
recovery.

‘The Comprehensive Emergency Program for Children, hereinafter referred to as Progeam, shall
have the following components: :

a) Establishment of Shelter for Displaved Children. ~The Program shall prioritize and provide

housing options for displaced children, families with children and of children separated from their



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families or relatives. The DWSD shall, in coordination with the local government units of the areas
declared under the state of calamity, immediately establish an option for shelter or permanent housing,
‘The shelter shall have emergency latrines, bathing cubicles and hand washing facility and shall provide
child-ftiendly spaces whece children can ‘take part io. child sctivities. If shall also" have provisions for
maternal and baby care and rooms to protect and ensure the right to privacy.

b) Assurance for bamediate Delivery of Basie Necessities and Services, ~The Program shall facilitate
‘and ensure the immediate delivery of basic necessities and services specifically needed by the affected
children and youth in different stages of development. It shall provide the affected children with basic
necessities for survival which include food, water, nutrition, medicines, clothing, sanitary and hygiene
kits and other emergency needs such as blankets, mosquito nets, cooking ware and flashlights. ‘The
Program shall give priority to the specific needs and nutrition of pregnant women, lactating mothers,
newborn babies and children under two years old.

©) Stronger Measures to Ensure the Safety and Security of the Affected Children, ~ Under the
Program, the DSWD shall, in coordination with the Armed Forces of the Philippines (AFP) and
Philippine National Police (PNP), monitor and ensure the safety and the security of the affected
children in the areas declared under the state of calamity and shall protect them against all forms of
abuse and exploitation.

d)——Tinely Delivery of Health and Medival Servies, ~ Under the Progtam, the DSWD shall, in
coordination with the Department of Health (DOH), immediately provide the health and medical needs
of children in the areas declared under the state of ‘calamity including psychosocial interventions for
childten and youth in different stages of development. ‘The DOH shall give highest priority to the
treatment and rehabilitation of pregnant mothers ad babies.

©) Plan of Action for Prompt Resumption of Educational Services for Children, ~'The DSWD shall,
in coordination with the Department of Education (DepEd), ensure the prompt resumption of
educational services for children.

{) Establishment of Emergency Center, ~Within five (5) days from the declaration of a national
or local state of calamity, the DSWD shall set-up a Children’s Emergency Center in every city ot
municipality declared under the state of calamity which shall provide the necessary child care services

and shall coordinate with the lead agencies to effectively respond to the needs of children in the area.



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8) Promotion of Children’s Right. ~The Program shall include activities and processes that will
promote and uphold the tights of children by:
i) Promoting a child-centered training for all first responders;
ii) Ensuring that children are provided with adequate access to age-appropriate
information on the proper action, role, duties and responsibilities of various government
agencies during calamities and other emergency situations;

iii) Consulting with the affected children on their needs and ptiotities for post-

ster relief and recovery; and '
iv) Providing for an effective mechanism for taining and meaningful participation
of children in community disaster risk reduction program.
SEC. 4.Enacuation Centers. ~ Only in cases where there is no other available place or structure
which can be used as a general evacuation center, that a school may be used as an evacuation center,
When a school is used as an evacuation center, the use shall be limited to the ateas or spaces in

the school that are not used as classroom such as gymnasiums, auditoriums and other open spaces. The

use of the

hhool premises shall not exceed thirty (30) days after the declaration of a state of national or
local calamity, unless the extension is absolutely necessary. If the use exceeds thirty (30) days, the
National Disaster Risk Reduction and Management Council (NDRRMC) shall, in coordination with the
Local DRRMC, provide written documentation to the DepEd on the following:
i, the name and location of the school
ii, all alternative sites and the rationale for final site selection; and
iii, measures being implemented to prevent interference or disruption to the school
and educational activities of children.
‘When temporary learning spaces or other transitional and semi-permanent structures ate used as

classrooms after a disaster, the DepEd shall continuously monitor and assess the condition of such

structures in order to ensure the s

ety of the children and provide optimal learning environments.
Where temporary learning spaces ot other transitional and semi-permanent structures are used for more
than sis (€) months after the declaration of a state of calamity, the regional DepEd office shall conduct
quarterly site inspections and shall certify to the Secretary of Education that such spaces are in good

physical condition and sufficient to ensure the safety of the children and their environment,

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SEC. 5. Unaccompanied or Separated Children. — In case of children who lost their families or

who are

arated from their families and relatives, the DSWD shall document and provide adequate
cate, initiate tracing of immediate relatives and proceed with reunification services, All appropriate
steps shall be taken to ensure the early reunion of unaccompanied or separated childlsen with their
families ot immediate relatives.

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C. 6.Data Gathering and Reporting, ~The collection and reporting of data at all levels shall be
disaggregated by age and gender in the aftermath of a national of local state of calamity. Such collected
data shall be utilized to understand and respond better to the needs of children affected by disasters and
calamities.

SEC. T.Heightened Surveillance against Child Trafficking, Child Labor, Child Prostitution, and Violence on
Children. ~ Upon the declaration of a national and local state of calamity, the PNP and the DSWD shall
immediately heighten’ comprehensive surveillance and monitoring to prevent child trafficking, labor, and
prostitution including domestic and sexual violence in the areas declared under the state of calamity.
Within three (3) days from the declaration of a local or national state of calamity, the PNP Chief and the
Secretary of Social Welfare and Development shall jointly submie written documentation and report on

their surveillance and monitoring to the appropriate committees of the Senate and the House of

Representatives.

SEC. 8.Systenr of Restoring Legal Documents, ~ In case of destroyed ot missing legal documents of
children in areas declared under the state of calamity, the Philippine Statistics Authority (PSA) shall
develop a system for the restoration and reconstitution of the destroyed or missing legal documents
within two (2) weeks after the submission of the application for the reconstitution or replacement of the
destroyed or missing document. The PSA shall submit copies of such reconstituted documents to
appropriate government agencies for effective monitoring and reporting and to ensure the continued
access ofthe affected children to social services.

SEC. 9.Training of First Responders. ~The NDRRMC shall promote and conduct child-centered
tainings for all first responders in the calamity area such as community and barangay leaders, school
personnel and other rescuers, The trainings shall include the following:

(a) Proper procedures and measures to safeguard and protect the affected childsen during

and after emergencies and disasters; and

(b) Appropriate training on psycho-social interventions for children and youth in different

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stages of development who are victims of calamities.

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10. Implementing Rules and Regulations, ~ Within ninety (90) days from the effectivity of
this Act, the Secretary of Social Welfare and Development, in consultation and coordination with the
Director of the OCD, Secretary of Health, Secretary of Education, PNP Chief and AFP Chief of
Staff, shall promulgate the necessary rules and regulations for the effective implementation of this Act.
SEC. 11 Separability Clause, ~ Ve any provision or part of this Act is declared invalid or

unconstitutional, the remaining parts or provisions not affected shall remain in full force and effect.

SEC. 12. Repealing Clause, ~ All laws, executive orders, presidential decrees, rules and

regulation of parts thereof inconsistent with any provisions of this Act are hereby repealed, amended ot

modified accordingly.

13. Efetiity, ~ This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,