Republic of the Philippines

House of Representatives
Batasan Wills, Queson City

Eighteenth Congress
First Regular Session

5589
HOUSE BILL NO.

Introduced by: Representative Florencio Gabriel G. Noel

EXPLANATORY NOTE

Street children roaming around is an ordinary sight in the Philippines. According to the
Council for the Welfare of Children, there are approximately 250,000 children who live in the
streets.' Without any parent guiding them, these children are exposed to different kinds of danger,
virus, disease, and possibly being trafficked and abused by adults. Section 3 (3) of Article XV of
the 1987 Philippine Constitution declares that the state shall defend “The right of children 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;”

That being said, the state acts as the parens patriae which is the power of the state to act
as the parent of any child or individual who is in need of protection. Without the parents, the state
possesses the power to act as their parents, providing for their proper care and protection which
their parents could not provide. Nevertheless, the large number of street children in the Philippines
demonstrates the miscarriage of the state to act as parens patriae.

' Situation of the Filipino Children", 2012, Council for the Welfare of Children. Accessed at
www.cwe.gov.ph


This bill seeks to strengthen the rights of street children by reinforcing the Barangay
Council for the Protection of Children (BCPC) which has more capability in overseeing street
children in the barangay level. Aside from this, this bill also seeks to provides incentives to private
individuals, corporations, NGOs or entities that offer much needed facilities or services aimed at
providing our street children short- and long term refuge against the harsh realities of the streets,

including donations to such endeavors.

In view of the foregoing, the passage of this bill is earnestly sought,

An Waray Partylist Representative


Republic of the Philippines

House of Representatives
Batasan Wills, Queson City

Eighteenth Congress
First Regular Session

HOUSE BILL No. 5589

Introduced by: Representative Florencio Gabriel G. Noel

AN ACT
ADVANCING THE RIGHTS OF STREET CHILDREN BY STRENGTHENING THE
BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN (BCPC) AND
ESTABLISHING AN INCENTIVES SYSTEM FOR THE PRIVATE SECTOR ENGAGED
IN THE PROMOTION OF THE WELFARE OF STREET CHILDREN, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
SECTION I. Title. - This Act shall be known as the "Street Children Welfare Act"

SECTION. 2. Declaration of Policy. - Article XV of the Constitution provides that the State shall
defend the right of children 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. It is also the declared policy of the State to eliminate the presence of street
children in its cities and municipalities by promoting their welfare through strengthened programs
aimed at protecting their rights at the community level and by encouraging the private sector in
aiding government efforts to provide relief for street children who are otherwise deprived of
opportunities for growth and development.

The State shall also ensure that street children are provided with adequate nutrition,
clothing and shelter as well as with social and health services and educational opportunities,
including vocational and life-skills training, in order to support their full development and provide
them with adequate protection and assistance. The State shall also provide street children who are


victims of physical, sexual and substance abuse with adequate rehabilitation and social
reintegration services and promote reunification with their families when feasible.

SECTION. 3. Definition and Classification of Street Children. - The term street children refers to
children under the age of eighteen (18) years who spend a large percentage of their time living,
working and playing on the street. They are further classified into four (4) groups:

a. Children on the street - Children who spend a majority of their time on the street for
livelihood but return home to their families on a regular basis;

b. Children of the street - Children who also spend a majority of their time living, playing and
working on the street, but seldom return to their families in communities or not at all. They
generally do not go to school and decide to live on the streets because of problems at home
that include extreme poverty, violence and substance abuse;

c. Abandoned and neglected children - Children who are on the streets because they have no
families, have been abandoned or neglected by their families; or have been displaced from
their families. They maintain no connection to their families and are normally out of school;
and

d. Children of street families - Children who live with their families on the street. Their
families have often been homeless for long periods of time and earn their livelihood on the
streets.

SECTION 4. Barangay Council for the Protection of Children (BCPC). - The BCPC created
under Presidential Decree (PD) 603 shall have the following members, who shall be chosen from
among the responsible members of the community:
a. Punong Barangay;
b. Barangay Kagawad (Chairperson on Women and Family);
Barangay Nutrition Scholar;
Barangay Day Care Worker,
Barangay Health Nurse / Midwife;
Barangay Health Worker,
. Department of Education (DepEd) Principal / Teacher-in-charge;
Chief Tanod;
Sangguniang Kabataan (SK) Chairperson;
Parents-Teachers Association (PTA) President or authorized representative; and
Two (2) representatives from a Non-Government Organization (NGO) concerned with the
welfare of children and youth.
Upon assumption to office, the Punong Barangay is hereby mandated to convene the
BCPC. In its first meeting, the Punong Barangay shall call for an election of the BCPC
chairperson from among its members.

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SECTION. 5. Roles and Functions of the BCPC. - In addition to its functions under PD 603, the
BCPC shall perform the following functions consistent with the declared policies of this Act:

a. Coordinate with the Council for the Welfare of Children (CWC) and the Department of
Social Welfare and Development (DSWD) in drawing and implementing plans for the
promotion of child and youth welfare, particularly on issues concerning street children;

b. Monitor the existence of children on the street in their respective communities,

c. Prepare a report on the number of street children in its respective area of responsibility,
discussing every case in full detail, including a brief history of how the child had been
forced to spend most of the child's time on the streets. The said report shall be submitted
tothe CWC and the DSWD, including the local Social Welfare Department of its respective
city or municipality,

d. Prepare an intervention plan for each of the cases, which should be specifically based on
the peculiarity of the circumstances of each child, and

e. Coordinate with the local government unit and non-government organizations promoting
the welfare of street children in addressing the problem of street children in each barangay

SECTION. 6. Incentives. - In order to encourage private sector participation, all expenses incurred
by any private individual, corporation or a non-governmental organization, in the establishment of
facilities or in the performance of services, including donations, which are consistent with the
declared policies of this Act, shall be considered as allowable deductions from the gross income
as defined under Section 32, Chapter VI, Title II of the National Internal Revenue Code of 1997,
as amended

SECTION. 7. Applicability of Existing Laws. -

a. If the child is a victim of abuse, physical violence, neglect, sexual abuse and similar
circumstances, provisions of Republic Act No. 9262 or the "Anti-Violence Against Women
and Their Children Act of 2004" and Republic Act 7610 or the "Special Protection of
Children Against Abuse, Exploitation and Discrimination Act", as amended, shall apply
insofar as it is applicable.

b. For children in conflict with the law. Republic Act 9344 or the "Juvenile Justice and
Welfare Act of 2006" shall apply

SECTION. 8. Implementing Rules and Regulations. - Within thirty (30) days from the effectivity
of this Act, the Department of Interior and Local Government (DILG), the DSWD and the Bureau
of Internal Revenue (BIR) shall issue the necessary rules and regulations to carry out the effective
implementation of this Act which shall include the creation of a system of accreditation of private
sector entities engaged in the promotion of the welfare of street children.


SECTION 9. Separability Clause, - If, for any reason, any part or provision of this Act shall be
held to be unconstitutional or invalid, other parts or provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SECTION. 10. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, or
parts thereof, which are inconsistent with this Act, are hereby repealed, amended or modified

accordingly.

SECTION 11. Effectivity. - This Act shall take effect fifteen (15) days following its publication
in at least two (2) newspapers of general circulation or in the Official Gazette

Approved,