FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
SENATE 
S.B. No. 1437 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to establish a National Strategic Missing Children Recovery Program 
which will aid in returning missing children to the care and protection of their parents 
or legal guardians. Children receive protection and care not only from their respective 
parents and families but most especially from the State, based on the concept of Pnrens 
Patriae. Article 14, Section 3, of the 1987 Philippine Constitution also states that Filipino 
children have the right to assistance, including proper care and nutrition, and special 
protection from all forms of neglect, abuse, cruelty, exploitation and other conditions 
prejudicial to their development. 
Because of the ills of the society, numerous children experience exploitation, violence 
and abuse. There are child laborers, street children and children who are victims of rape 
or sexual abuse. There are government agencies that specifically look into these cases. 
The Council for the Welfare of the Children is the agency that overseas children's 
protection, welfare and development in the Philippines. It has sectoral panels or task 
forces that focus on the five major areas of the Philippine Plan of Action for Children 
(PPAC) and the Convention on the Rights of the Child (CRC): 1) family care and 
alternative parental arrangements; 2) basic health, nutrition, social security and safe 
environmel1t; 3) basic education, leisure, recreation and cultural activities; 4) protection 
of childn;n in especially difficult circumstances; and, 5) fundamental civil rights. 
A significant number of children are separated from their families for reasons such as 
natural calamities as well as forced and involuntary disappearances. Yet, there is no 
specialized agency that oversees cases relating to missing children. 
This measure seeks to anSwer this need through the establishment of a missing children 
recovery program. The program will be under the Council for the 'Welfare of Missing 
Children with the creation of a sixth sectoral panel: the Sectoral Panel on Missing 
Children. The said Sectoral Panel shall establish and operate a national resource center 
and information clearinghouse. Its functions include coordinating public and private 
programs which will locate, recover and reunite missing children with their parents or 
legal guardians and establishing and operating a national missing children telephone 
hotline. 
To ensure that the provisions of the Act are properly carried out, five million pesos shall 
be allocated to the Sectoral Panel on Missing Children for the first year of its 
implementation. After which, the Sectoral Panel shall be included in the budget of the 
Council for the Welfare of Children in the General Appropriations Act. 
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With the passage of this measure, more children will be reunited with their families 
where they can continue to grow under their protection and care. 
In view of the foregoing, the urgent passage of this bill is sought. 
~ 
LO~RDA? 
Senator 
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, 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
FIRST REGULAR SESSION 
) 
) 
) 
SENATE 
S.B.No. 1437 
Introduced by Senator Loren Legarda 
AN ACT 
f () 
.Il1L 13 P II :20 
ESTABLISHING A NATIONAL STRATEGIC MISSING CHILDREN 
RECOVERY PROGRAM, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines ill 
Congress assembled: 
SECTION. 1. Short Title - This Act shall known as the" National Strntegic Missi11g 
Children Recovery Program Act of 2010." 
SECTION. 2. Declaration of Principle - The State reiterates its responsibility as 
Parens Patriae to protect the welfare of children especially in the wake of the following 
developments, namely: 
1. Each year, hundreds of children are abducted or removed from the protection 
and care of their parents or legal guardians with such parents or legal guardians' 
consent, under circumstances which place these children in grave danger; 
2. Many of these children are never reunited with their families; 
3. Often there are no clues to the whereabouts of these children; 
4. Many missing children are at risk of both physical harm and sexual exploitation; 
5. In many cases, parents and local law enforcement officials, have neither the 
expertise nor the resources to mount expanded search efforts; 
6. Abducted children are frequently moved from one locality to another, requiring 
the cooperation and coordination of both local and national law enforcement 
efforts; and 
7. On frequent occasions, law enforcement authorities quickly exhaust all leads in 
missing children cases, and require assistance from distant communities where 
the child may be located. 
SECTION. 3. Definition of Terms - For the purpose of this Act, 
1. The term "missing child" shall refer to any individual less than 18 years of age whose 
whereabouts are unknown to such individual's parents or legal guardian if; 
a) the circumstances surrounding such individual's disappearance indicate that 
such individual may possibly have been removed by another from the protection and 
care of such individual's parents or legal guardian without such parents or legal 
guardian's consent; or 
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b) the circumstances of the case strongly indicate that such individual is likely to 
be abused or sexually exploited; 
2. The term "Council" shall refer to the Council for the Welfare of Children; 
3. The term "Chairperson" shall refer to the Chairperson of the Sectoral Panel on 
Missing Children of the Council for the Welfare of Children of the Department of Social 
Welfare an Development; and 
4. The term "Sectoral Panel" shall refer to the Sectoral Panel on Missing Children. 
SECTION. 4. Creation of the Sectoral Panel on Missing Children. - A sixth 
sectoral panel, the Sectoral Panel on Missing Children, shall be established at the 
Council for the Welfare of Children. The Sectoral panel shall be the primary unit in the 
Council that shall assist law enforcement agencies in the prompt resolu tion of cases 
involving missing children 
The Sectorill Panel shall adhere to the rules and regulations governing the operation 
and administration of the Council. 
SECTION. 5. Duties and Functions of the Sectoral Panel. - The Sectoral Panel 
on Missing Children shall: 
1. Establish and operate a national resource center and information clearinghouse 
designed to: 
a. 
provide 
technical 
assistance 
to 
national 
nongovernmental organizations (NGOs) and individuals 
missing children; 
and 
local 
governments, 
in locating and recovering 
b. coordinate public and private programs which locate, recover, and reunite 
missing children with their parents or legal guardian; 
c. disseminate information about innovative programs, services, and legislation 
on missing children 
2. Establish and operate a national mlssmg children telephone hotline by which 
individuals may report information regarding the location of any missing child, or 
request information pertaining to procedures necessary to reunite such child with the 
child's parents or legal guardian; 
3. Annually conduct national incidence studies to determine the actual number of 
children reported missing, the number of children who are victims of abduction by 
strangers and the number of children who are recovered each year. 
4. Analyze, compile, publish, and disseminate an annual summary of recently 
completed researches, as well as national and local demonstration projects relating to 
missing children with particular emphasis on: 
a. Effective models of national and local agencies for locating missing children; 
b. Effective educational methods designed to promote community awareness of 
the problem to prevent the abduction and sexual exploitation of children; and 
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c. Effective programs which provide counseling and treatment to families of 
missing children or to children who have been victims of abduction or sexual 
exploitation; 
SECTION. 6. Duties and Functions of the Chairperson. - The Chairperson shall: 
a. issue such rules as the Chairperson considers necessary or appropriate to carry 
out the duties and functions of the Sectoral Panel on Missing Children; 
b. prepare, subject to the review and approval of tile Technical Management 
Committee, an annual comprehensive plan for facilitating cooperation and coordination 
among all agencies and organizations with responsibilities related to missing children; 
c. provide adequate staff and agency resources which are necessary to properly 
carry out the responsibilities of the Sectoral Panel; 
d. The Chairperson shall provide grants to or enter into contracts with other 
government agencies, government-owned and controlIed corporations, private 
corporations, and NGOs, pursuant to the provisions of Section 8 of this Act. 
e) The Chairperson shall receive and manage funds from external resources 
including donations, grants and endowments for the implementation of its programs 
pursuant to the provisions of Section 5 of Act. 
SECTION. 7. Additional Members to the Council Board - The Council Board 
shall have as additional members the Philippine National Police and the National 
Bureau of Investigation or their duly authorized representatives. 
SECTION. S. Grants. - The Chairperson is hereby authorized to make grants to 
private corporations, 
government agencies or NGOs, or combinations thereof for 
research, demonstration projects or service programs designed to: 
a. Equcate parents, children, and local communities in ways to prevent the 
abduction l'Ind sexual exploitation of children; 
b. Provide information to assist in the locating the recovery of missing children; 
c. Aid communities in the collection of materials which would be useful in the 
identification of missing children; 
d. Increase knowledge of and develop effective treatment pertaining to the 
psychological consequences, on the family of the missing child; 
e. Collect detailed date on the actual investigation practices utilized by law 
enforcement agencies in missing childrens' cases. 
In considering grant applications, the Executive Director shall give priority to 
applicants who have a proven tack record or experience in: 
a. Locating missing children or locating and reuniting missing children 
b. Providing other services to missing children or their families; or 
c. Conducting research relating to missing children with their parents or legal 
guardians; 
SECTION. 9. Criteria for Grants - Subject to the review and approval of the 
Technical Management Committee, the Chairperson shall establish annual research, 
demonstration, and service program priorities for making grants and contracts 
pursuant to section 8 of this Act. 
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SECTION. 10. Appropriations - To carry out the provisions of this Act, Five 
Million Pesos (P 5,000,000.00) shall be appropriated to the Sectoral Panel under the 
General Appropriations for the first year of implementation. Thereafter, such amount as 
may be necessary to carry out this purpose shall be included in the budget of the 
Council for the Welfare of Children in the General Appropriations Act. 
SECTION. 11. Separability of Provisions - if any provision of this Act or the 
application of such provision to any person or circumstances is declared 
unconstitutional, the remainder of the Act or the application of such provision to other 
persons or circumstances shall not be affected by such declaration. 
SECTION. 12. Repealing Clause - All laws, presidential decrees, executive 
orders, rules and regulations that are contrary to the Provisions of this Act are hereby 
repealed, arnended and modified accordingly. 
SECTION. 13. Effectivity - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspaper of general circulation. 
Approved, 
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