Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session

1831

HOUSE BILL NO.

Introduced by REP. RUWEL PETER S. GONZAGA

EXPLANATORY NOTE

The children are one of the nation’s best assets. However, they are also our most vulnerable
human resource. Their susceptibility to danger cannot be discounted hence their protection should
be a topmost priority.

Itis disheartening to note that syndicates who prey on children for unscrupulous or criminal
activities go unchecked. Although anti-human trafficking laws have been passed, still prevention
seems to be the better option in dealing with organized crime engaged in the illegal trafficking of
persons. This sends panic-stricken parents helpless. While some missing children may have been
returned to their families, a larger number are out there exposed to danger, exploited, or worst
killed and can no longer be located.

Thus, in cognizance with the Constitutional mandate of promoting and protecting the
physical, moral and spiritual well being of the youth, and in response to the need for a strategic
procedure to facilitate prompt recovery of missing children, this bill proposes to establish a
‘National Center for Missing Children which shall be tasked to provide information and coordinate
public and private initiatives towards reuniting missing children with their families.

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

L al Ss. es


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session

yo 2831

HOUSE BILL NO.

assembled:

Introduced by REP. RUWEL PETER S. GONZAGA

AN ACT
ESTABLISHING A NATIONAL CENTER FOR MISSING CHILDREN AND
| APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

SECTION 1. Short Title - This Act shall be known as the “National Center for Missing
Children.”

SECTION. 2. Declaration of State Policy. - The following State policies shall be observed
at all times:

8) The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-
being. It shall inculcate in the youth patriotism and nationalism, and encourage
their involvement in public and civie affairs;

b) 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.

SECTION 3. Determination of Age. - This Act shall apply to persons below the age of
eighteen (18) years old pursuant to the United Nations Convention on the Rights of the Child.
The age of the child may be determined from the child’s birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these documents, age may be
based on information from the child himself or herself, testimonies of other persons, the
physical appearance of the child and other relevant evidence. In case of doubt as to the age
of the child, it shall be resolved in his or her favour.

SECTION 4. National Center for Missing Children (NCMC). — There shall be created,
under the supervision of the Department of Justice, the National Center for Missing Children.

(NCMC).
The NCMC shall exercise the following powers and functions:

fa) Establish and maintain missing children telephone hotlines that will receive and
disseminate in a timely manner to various local government units, government
agencies, law enforcement agencies, school districts, and the general public,
information regarding missing children which shall include pictures, bulletins,
police report biographical references and other relevant data that can help efforts
to locate missing children;
) Maintain a regularly updated computerized link nationwide about missing
children through established reporting systems or clearing houses;


) Coordinate with public and private entities like the media and various non-

government organizations to locate and unite missing children with their families;

Disseminate information relating to innovative and model programs, services and

legislation that will benefit missing and exploited children;

) Conduct national incidence studies annually to determine the actual number of
children reported missing, the number of children who are victims of abduction,
and number of children who are recovered each year;

Seek technical and logistical assistance through public and private grants which
shall be used to:
i, Educate parents, children and local communities in ways to prevent the
abduction and sexual exploitation of children;
ii, Provide information to assist in the location an recovery of missing
children
iii, Aid communities in the collection of materials which would be useful
in the identification of missing children;
iv. Increase knowledge of and develop effective treatment pertaining to
the psychological consequences to the family of the missing child; and
v. Collect detailed data on the actual investigative practices utilized by law
enforcement agencies in missing children’s cases.

) Analyze, compile, publish and disseminate an annual summary of recently

completed researches and demonstration projects relating to missing children with

dd)

particular emphasis on:
i, Efffective models of national and local coordination and cooperation
in locating missing children;
ii, Efffective educational methods designed to promote community

awareness of the problem to prevent abduction or sexual
exploitation of children; and
iii, Effective programs which provide counselling and treatment to
families of missing children or to children who had been victims of
abduction or sexual exploitation
h) Perform such other powers as may be necessary for the effective implementation
of this Act.

SECTION 5. Executive Council. ~ The powers and functions of the NCMC shall be
exercised by the Executive Council, hereinafter referred to as the Council, which shall be
composed of the following:

a) Secretary of the Department of Social Welfare and Development (DSWD), as
Chairman;

'b) Secretary of Justice ( DOJ);

‘c) Secretary of Education (DepEd);

|d) Secretary of the Interior and Local Government (DILG);

) Chief of the Philippine National Police (PNP);

f) Chairperson of the of the Commission of Human Rights (CHR);

'g) Director of the National Bureau of Investigation (NBI);

hh) Executive Director of the National Center for Missing Children (NCMC);

|i) Executive Director of the Council for the Welfare of Children (CWC);

|i) Two (2) representatives from non-government organizations (NGO"S) one to be
designated by the Secretary of Justice and the other to be designated by the
Secretary of Social Welfare and Development, as members.

SECTION 6. Executive Director. — The National Center for Missing Children be headed by
an Executive Director who shall, upon approval of the Council, determine the organizational
structure and staffing pattern of NCMC.


SECTION 7. Appropriations. — The amount necessary for the initial implementation of
this Act shall be taken from the current appropriations of the Department of Justice.
Thereafter, such amount as may be necessary for its continued implementation shall be
included in the Annual General Appropriations Act.

SECTION 8. Repealing Clause. ~ All laws, decrees, orders, rules and regulations, and other
issuances or parts thereof, which are inconsistent with this Act are hereby repealed or
modified accordingly.

SECTION 9. Effectivity. - This Act shall take affect fifteen (15) days after its publication
in the Official Gazette or in two (2) national newspapers of general circulation.

Approved,