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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
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Second Regular Session 
'14 
NOV -6 P 2 :, 
SENATE 
S.No. 2446 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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PROVIDING EMERGENCY RELIEF AND PROTECTION FOR CHILDREN 
DURING DISASTER, CALAMITY AND OTHER EMERGENCY SITUATIONS 
EXPLANATORY NOTE 
A series of typhoons in the recent past have highlighted the fact that disaster risk 
reduction strategies must give special attention to vulnerable groups such as children, 
In November 2013, Super Typhoon Yolanda affected an estimated 6 million 
children in the Philippines. According to the Office of the Presidential Assistant on 
Rehabilitation & Recovery (OPARR), Western Visayas had the most number of families 
affected by Typhoon Yolanda with 770,905 families or 3.8 million families. From this 
account, an estimated 1.5 million children were affected. 
Typhoon Pablo, another disaster, hit Mindanao on Dec 4, 2012, affecting a total 
6.2 million people. Of this number, 2.3 million are estimated to be children under 18 
years old. 
In the 3 provinces most seriously damaged by Typhoon Pablo--Davao 
Oriental, Compostela Valley and Agusan del Sur--700,000 people were affected, and out 
of this number, an estimated 294,000 are children. l 
Children are the most vulnerable in times of disaster, at higher risk of disease, 
abuse and exploitation. Children are place-oriented and cannot cope well to changes that, 
1 Joint Statement on Education in Emergencies after Typhoon Pablo (Plan International, Save the 
Children, 
UNICEF 
Philippines, 
World 
Vision 
Development 
Foundation) 
available 
at 
http://www.unicef.orglobilipRines/mediacen(re20277.html# . VFiHM finUeA U 
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Children are the most vulnerable in times of disaster, at higher risk of disease, 
abuse and exploitation. Children are place-oriented and cannot cope well to changes that 
result from disaster. Children's lives are severely disrupted after a disaster as a result of 
school closures, interrupting cducation, lack of spaces to play, lack of security, lack of 
social interaction with friends, the resulting psychological impact of experiencing a 
disaster and the risk of trafficking and abuse. 2 
Thus, in order for a disaster response to effectively meet the needs and priorities of 
children, it is essential that all actors, and especially the national and local governments, 
have child-centered policies in place before a disaster. 
Although we have laws which address the issue of children in especially difficult 
circumstances, these laws do not include enough provisions which pertain to child 
protection during a state of calamity. 
This proposed bile, once passed into law, will: 
I) Enhance and institutionalize protection of children affected by natural disasters 
and calamities; 
2) Provide Congress a strengthened oversight mandate to ensure child protection in 
disasters; and 
3) Address policy gaps in current law of importance to child welfare. 
A recent study4 on the situation of displaced families by Typhoon Yolanda showed 
that about 26,000 people remain in evacuation centers, tent cities and bunkhouses seven 
(7) months after the devastating storm struck. That's more than 10,000 children living in 
difficult conditions and with uncertainty on their education, welfare, health. Among 
them, six (6) children died after their tent in an evacuation center was razed by fire. The 
same study cited Yolanda-areas with children reportedly involved in harsh and dangerous 
2 Children's Chmiel' Progress Report: Disaster Risk Reduction and Typhoon Yolanda. Save the Children, 
June 2014. 
3 This bill was originally filed in the House of Representatives during the 16th Congress by Rep. Susan 
Yap. 
4 Supra, note 2. 
2 


labor and while many others are no longer able to go to school. Two schools remained to 
be used as an evacuation center. These are some issues which this proposed Act intends 
to address. 
3 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2446 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
'14 
NOV -6 P 2 :29 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
I 
AN ACT 
2 
PROVIDING EMERGENCY RELIEF AND PROTECTION FOR CHILDREN 
3 
DURING DISASTER, CALAMITY AND OTHER EMERGENCY SITUATIONS 
4 
SECTION 1. Short Title. - This Act shall be known as the "Children's Emergency 
5 
Relief and Protection Act." 
6 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State 
7 
to protect the fundamental rights of children during disaster, calamity and other 
. 8 
emergency 
situatio~ when children are gravely threatened or endangered by l 
9 
circumstances that will affect their survival and normal development. Towards this end, 
10 
the State shall establish and implement a comprehensive and strategic program of action 
11 
to provide the children affected by disaster, calamities and other emergency situations 
12 
with utmost sllpport and assistance necessary for their immediate recovery and protect 
13 
them against all forms of neglect, abuse, exploitation and other acts prejudicial to their 
14 
interest and well-being. 
15 
SECTION 3. Comprehensive Emergency Program for Children. -
The 
16 
Department of Social Welfare and Development (DSWD), in coordination with the 
17 
Office of Civil Defense (OCD), shall formulate a Comprehensive ElJ;lergency Program 
18 
for Children which shall be implemented immediately after the declaration of a national 
19 
or local state of calamity to protect the children and support their immediate recovery. 
I 


The Comprehensive Emergency Program for Children, hereinafter referred to as 
2 
Program, shall have the following components: 
3 
a) 
Establishment of Shelter for Displaced Children. - The Program shall 
4 
prioritize and provide housing options for displaced children, families with children and 
5 
of children separated from their families or relatives. The DWSD shall, in coordination 
6 
with the local government units of the areas declared under the state of calamity, 
7 
immediately establish an option for shelter or permanent housing. The shelter shall have 
8 
emergency latrines, bathing cubicles and hand washing facility and shall provide child-
9 
friendly spaces where children can take part in child activities. It shall also have 
10 
provisions for maternal and baby care and rooms to protect and ensure the right to 
11 
privacy. 
12 
b) 
Assurance for Immediate Delivery of Basic Necessities and Services. - The 
13 
Program shall facilitate and ensure the immediate delivery of basic necessities and 
14 
services specifically needed by the affected children and youth in different stages of 
15 
development. It shall provide the affected children with basic necessities for survival 
16 
which include food, water, nutrition, medicines, clothing, sanitary and hygiene kits and 
17 
other emergency needs such as blankets, mosquito nets, cooking ware and flashlights. 
18 
The Program shall give priority to the specific needs and nutrition of pregnant women, 
19 
lactating mothers, newborn babies and children under two years old. 
20 
c) 
Stronger Measures to Ensure the Safety and Security of the Affected 
21 
Children. - Under the Program, the DSWD shall, in coordination with the Armed Forces 
22 
of the Philippines (AFP) and Philippine National Police (PNP), monitor and ensure the 
23 
safety and the security of the affected children in the areas declared under the state of 
24 
calamity and shall protect them against all forms of abuse and exploitation. 
25 
d) 
Timely Delivery of Health and Medical Services. - Under the Program, the 
26 
DSWD shall, in coordination with the Department of Health (DOH), immediately 
2 


I 
provide the health and medical needs of children in the areas declared under the state of 
2 
calamity including psychosocial interventions for children and youth in different stages 
3 
of development. The DOH shall give highest priority to the treatment and rehabilitation 
4 
of pregnant mothers and babies. 
5 
e) 
Plan of Action for Prompt Resumption of Educational Services for 
6 
Children. -
The DSWD shall, in coordination with the Department of Education 
7 
(DepEd), ensure the prompt resumption of educational services for children. 
8 
f) 
Establishment of Emergency Center. -
Within five (5) days from the 
9 
declaration of a national or local state of calamity, the DSWD shall set-up a Children's 
10 
Emergency Center in every city or municipality declared under the state of calamity 
II 
which shall provide the necessary child care services and shall coordinate with the lead 
12 
agencies to effectively respond to the needs of children in the area. 
13 
g) 
Promotion of Children 's Right. - The Program shall include activities and 
14 
processes that will promote and uphold the rights of children by: 
IS 
16 
i) 
Promoting a child-centered training for all first responders; 
ii) 
Ensuring that children are provided with adequate access to age-
17 
appropriate information on the proper action, role, duties and responsibilities of 
18 
various government agencies during calamities and other emergency situations; 
19 
iii) 
Consulting with the affected children on their needs and priorities 
20 
for post-disaster relief and recovery; and 
21 
iv) 
Providing for an effective mechanism for training and meaningful 
22 
participation of children in community disaster risk reduction program. 
23 
SECTION 4. 
Evacuation Centers. - Only in cases where there is no other 
24 
available place or structure which can be used as a general evacuation center, that a 
25 
school may be used as an evacuation center. 
3 


1 
When a school is. used as an evacuation center, the use shall be limited to the areas 
2 
or spaces in the school that are not used as classroom such as gymnasiums, auditoriums 
3 
and other open spaces. The use of the school premises shall not exceed thirty (30) days 
4 
after the declaration of a state of national or local calamity, unless the extension is 
5 
absolutely necessary. If the use exceeds thirty (30) days, the National Disaster Risk 
6 
Reduction and Management Council (NDRRMC) shall, in coordination with the Local 
7 
DRRMC, provide written documentation to the DepEd on the following: 
8 
1. the name and location of the school 
9 
ii. all alternative sites and the rationale for final site selection; and 
10 
iii. measures being implemented to prevent interference or disruption to 
II 
the school and educational activities of children. 
12 
When temporary learning spaces or other transitional and semi-permanent 
13 
structures are used as classrooms after a disaster, the DepEd shall continuously monitor 
14 
and assess the condition of such structures in order to ensure the safety of the children 
15 
and provide optimal learning environments. Where temporary learning spaces or other 
16 
transitional and semi-permanent structures are used for more than six (6) months after the 
17 
declaration of a state of calamity, the regional DepEd office shall conduct quarterly site 
18 
inspections and shall certify to the Secretary of Education that such spaces are in good 
19 
physical condition and sufficient to ensure the safety of the children and their 
20 
environment. 
21 
SECTION 5. Unaccompanied or Separated Children. - In case of children who 
22 
lost their families or who are separated from their families and relatives, the DSWD shall 
23 
document and provide adequate care, initiate tracing of immediate relatives and proceed 
24 
with reunification services. 
All appropriate steps shall be taken to ensure the early 
25 
reunion of unaccompanied or separated children with their families or immediate 
26 
relatives. 
4 


1 
2 
3 
4 
5 
6 
7 
(a) Equip, maintain, administer and operate an integrated medical institution 
which shall specialize in geriatric health services; 
(b) Promote medical and scientific research relative to the prevention, 
diagnosis, treatment, care, rehabilitation and relief of disease of older 
persons; 
(c) Finance, sponsor, hold or participate in congresses, conventions, 
8 
conferences, seminars, workshops, and training programs on geriatric 
9 
health services or related fields in the Philippines or abroad; 
10 
(d) Encourage and assist in the education and training of physicians, nurses, 
11 
health officers, social workers and other medical and technical personnel in 
12 
the practical and scientific implementation of health services to older 
13 
persons; and 
14 
(e) Coordinate the various efforts and activities of other government agencies 
15 
and local government units for the purpose of achieving a more effective 
16 
approach to the delivery of geriatric health services. 
17 
SECTION 6. Data Gathering and Reporting. - The collection and reporting of 
18 
data at all levels shall be disaggregated by age and gender in the aftermath of a national 
19 
or local state of calamity. Such collected data shall be utilized to understand and respond 
20 
better; to the needs of children affected by disasters and calamities. 
21 
SECTION 7.· Heightened Surveillance against Child Trafficking, Child Labor, 
22 
Child Prostitution, and Violence on Children. - Upon the declaration of a national and 
23 
local state of calamity, the PNP and the DSWD shall immediately heighten 
24 
comprehensive surveillance and monitoring to prevent child trafficking, labor, and. 
25 
prostitution including domestic and sexual violence in the areas declared under the state 
26 
of calamity. Within three (3) days from the declaration of a local or national state of 
5 


1 
calamity, the PNP Chief and the Secretary of Social Welfare and Development shall 
2 
jointly submit written documentation and report on their surveillance and monitoring to 
3 
the appropriate committees of the Senate and the House of Representatives. 
4 
SECTION 8. System of Restoring Legal Documents. -
In case of destroyed or 
5 
missing legal documents of children in areas declared under the state of calamity, the 
6 
Philippine Statistics Authority (PSA) shall develop a system for the restoration and 
7 
reconstitution of the destroyed or missing legal documents within two (2) weeks after the 
8 
submission of the application for the reconstitution or replacement of the destroyed or 
9 
missing document. The PSA shall submit copies of such reconstituted documents to 
10 
appropriate government agencies for effective monitoring and reporting and to ensure the 
11 
continued access of the affected children to social services. 
12 
SECTION 9. Training of First Responders. - The NDRRMC shall promote and 
13 
conduct child-centered trainings for all first responders in the calamity area such as 
14 
community and barangay leaders, school personnel and other rescuers. The trainings 
15 
shall include the following: 
16 
(a) 
Proper procedures and measures to safeguard and protect the affected 
17 
children during and after emergencies and disasters; and 
18 
(b) 
Appropriate training on psycho-social interventions for children and youth 
19 
in different stages of development who are victims of calamities. 
20 
SECTION 10. Implementing Rules and Regulations. - Within ninety (90) days 
21 
from the effectivity of this Act, the Secretary of Social Welfare and Development, in 
22 
consultation and coordination with the Administrator of the OCD, Secretary of Health, 
23 
Secretary of Education, PNP Chief and AFP Chief of Staff, shall promulgate the 
24 
necessary rules and regulations for the effective implementation of this Act. 
25 
SECTION 11. 
Appropriations. -
The amount necessary for the initial 
26 
implementation of this Act shall be charged against the current appropriations of the 
6 


1 
DSWD, the DepEd, the OCD and the PSA. Thereafter, the amount needed for the 
2 
continued implementation of this Act shall be included in the annual General 
3 
Appropriations Act. For LGUs, the implementation of the programs may be charged 
4 
against the internal revenue allotment and other internally generated funds of the LGU 
5 
concerned. 
6 
SECTION 12. Separability Clause. - If any provision or part hereof, is held invalid 
7 
or unconstitutional, the reminder of the law of the provision not otherwise affected shall 
8 
remain valid and sUbsisting. 
9 
SECTION 13. Repealing Clause. - Any law, presidential decree or issuance, 
10 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
11 
or inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
12 
accordingly. 
13 
. SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after' 
14 
iis publication in at least two (2) newspapers of general circulation. 
Approved. 
lacs 
7