Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

174

HOUSE BILL NO.

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT
DECLARING THE TIME BETWEEN TEN IN THE EVENING AND FIVE IN THE
MORNING AS UNSAFE HOURS, PROHIBITING THE LOITERING, ROAMING
AROUND, SLEEPING OR MEANDERING OF CHILDREN IN PUBLIC PLACES
DURING THESE HOURS, PRESCRIBING PENALTIERS FOR VIOLATIONS
COMMITTED BY THEIR PARENTS OR GUARDIANS, AND APPROPRIATING
FUNDS THEREFOR

EXPLANATORY NOTE

The 1987 Constitution mandates that: "The maintenance of peace and order,
the protection of life, liberty, and property, and the promotion of the general
welfare are essential for the enjoyment by all the people of the blessings of
democracy. " (Article II, Sec. 5).

It also provides in Article II, Section 13 that, “The State recognizes the vita!
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 civil
affairs.”

The potential of the youth to make lasting contributions to nation building is
unparalleled. Yet, some serious flaws have appeared in our social and cultural
fabric, characterized by destructive behaviors among some of our youth that are
damaging their lives and that of our country as well as the ability of this
generation to achieve its full potential.

The alarming increase in the incidence of crimes committed by and against
minors necessitates the implementation of a measure that will reduce
opportunities for juvenile crime to thrive in the country and ensure the safety and
well-being of our young people.

Hence, this measure seeks to promote the well-being of children and their
families by ensuring their collective safety and self-esteem; protecting children
from deleterious effects of unsupervised social activities outside the safety of the
home; reducing the time when children could be used as instruments of crime;
and protecting children from being victims of crime, abuse, and other forms of
exploitation.

The bill declares as unlawful for parents or guardians to allow unchaperoned
children to loiter, roam around, or sleep in any public place from 10:00 p.m. to
5:00 a.m. without justifiable reason. It also encourages involvement of the
community members to ensure safety of children during unsafe hours by reporting


to authorities the presence of unchaperoned children in public places in order to
provide all children with a healthy, safe and nurturing environment that presents
opportunities and conditions for developing their full potential.

Although there is no dearth of local ordinances on the subject all over the
country, there is a need to enact a national legislation on curfew for minors

consistent with the policy pronouncements of President Rodrigo Duterte in curbing
criminality in the country.

In view thereof, approval of this bill is earnestly requested.

ANGELINA tn, TAN, M.D.

4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

174
HOUSE BILL NO.

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT
DECLARING THE TIME BETWEEN TEN IN THE EVENING AND FIVE IN THE
MORNING AS UNSAFE HOURS, PROHIBITING THE LOITERING, ROAMING
AROUND, SLEEPING OR MEANDERING OF CHILDREN IN PUBLIC PLACES
DURING THESE HOURS, PRESCRIBING PENALTIERS FOR VIOLATIONS
COMMITTED BY THEIR PARENTS OR GUARDIANS, AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “Unsafe Hours for
Children Act.”

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

(a) The State recognizes the vital role of children and youth in nation
building and shall promote and protect their physical, moral, spiritual, intellectual
and social well-being.

(b) The State supports the right of children to engage in a safe and
wholesome recreational activities as well as to enjoy respite from activity, take
rest, and have adequate sleep.

(c) The State acknowledges the right of children to be protected from all
forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to
their development.

(d) The State shall protect and rehabilitate children who are gravely
threatened or endangered by circumstances which affect their survival and normal
development and over which they have no control.

SEC. 3. Objectives. - The objectives of this Act are to:

(a) promote the well-being of children and their families by ensuring their
collective safety;

(b) protect children from negative influences becoming vulnerable to the
negative influences of the street life.

(c) reduce the time when children can be used as instruments of crime; and


(d) protect children from being victims of crime, abuse, ad other forms of
exploitation.

SEC. 4. Definition of Terms - As used in this Act:

(a) Abode refers to either a permanent or temporary home, residence,
lodging place, campsite, school, or any other safe place where a child stays with
family, guardians, or school authorities;

(b) Children refers to persons below eighteen (18) years of age, or those
over eighteen (18) years old but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition;

(c) Emergency refers to a combination of unforeseen circumstances or the
resulting state that calls for immediate action such as, fire, natural disaster,
accident, other medical cases, or any situation requiring immediate action to
prevent any serious threat or injury to a child’s physical, emotional, or
psychological well-being;

(d) Guardians refers to persons of legal age other than the parents who are
tasked to take care of the child at a particular time, whether relative or not, such
as legal guardians, grandparents, uncles, aunts, cousins, siblings, household
helpers, or school authorities;

(e) Insufficient Control refers to lack or absence of measures intended to
keep the child inside, or prevent the child from leaving, the family abode during
unsafe hours;

(f) Loiter refers to the act of lingering or remaining idly in a public place;

(g) Parents refer to natural or biological parents, adoptive parents, foster
parents, or step-parents of children;

(h) Public place refers to all places accessible to the general public or places
for collective use;

(i) Unsafe hours refer to the time between ten o'clock (10:00) in the evening
up to five o’clock (5:00) in the morning.

SEC. 5. Prohibition. - It shall be unlawful for parents or guardians to,
knowingly or by insufficient control, allow children to loiter, roam around,
meander, or sleep in any public place during unsafe hours from ten o'clock (10:00)
in the evening until five o’clock (5:00) in the morning without lawful purpose or
justifiable reason.

SEC. 6. Exceptions. - The prohibitions provided under the preceding section
shall not apply when children are:

(a) chaperoned or accompanied by either parent or guardian;
(b) travelling or are in a motor vehicle, whether a privately-owned vehicle,

school service vehicle, or public utility vehicle, in early morning or late at night,
due to the long distance between school and abode;


(c) engaged in an authorized employment activity, or going to or returning
home from the same, without any detour or stop;

(d) involved in an emergency;

(e) out of their residence attending an official school, religious, recreational,
educational, social, community, or other organized activity sponsored by the
government, school or other private civic organization; or when the children are
going to or returning home from such activity without any detour or stop;

(f) able to present any document certifying that they are students and have
been dismissed from their classes late in the evening, or that they are working
students.

SEC. 7. Reach Out Protocol. - The moment a child is found in a public place
or outside an abode during unsafe hours, the following procedures known as
Reach Out Protocol shall govern:

(a) The law enforcement officer shall:

i. explain in simple language or dialect that is understandable to the
child why the child is being brought to the barangay office;

li. present proper identification to the child;
iii. determine the age of the child; and

iv. endorse the care of the child to the Barangay Council for the
Protection of Children (BCPC), or in the absence thereof, to the Barangay Violence
Against Women and Children (VAWC) desk officer.

(b) Once the child is handed over, the BCPC or the Barangay VAWC shall
ensure that:

i, the child is handed over to the LSWDO not later than eight (8) hours
after the child was found; and

ii. the parents or guardians are immediately notified.

Within this period, law enforcement and barangay personnel are strictly
prohibited from using vulgar or profane words, sexually harassing or making
sexual advances on, or abusing the child; displaying or using any firearm, weapon,
handcuffs, or other instruments of force, restraint, or intimidation, unless
absolutely necessary and only after all other methods of control have been
exhausted and have failed; or using violence or unnecessary force on the child.

A detailed Reach Out Protocol to set the standard procedure and to provide a
common framework for processing of children found during unsafe hours shall be
created by the Council for the welfare of Children (CWC), in consultation with the
department of Social Welfare and Development (DSWD), within ninety (90) days
from the effectivity of this Act: Provided That, the said protocol shall be in
accordance with the provisions on status offenses under Republic Act No. 10630,


otherwise known as the “Strengthening the Juvenile Justice System in the
Philippines”.

(c) After the child is handed over to the Local Social Welfare and
Development Office (LSWDO), the social welfare and development officer shall
explain to the child and the child’s parents or guardians the consequences of the
child’s act with a view towards counselling.

SEC. 8. Interventions for Children. - Children who are found outside their
abodes during unsafe hours shall be afforded the following interventions:

For the first offense, the Barangay Council for the Protection of Children
(BCPC) will counsel the child before such child is properly handed over to the
parent/s or guardian/s;

A child found violating this Act for the second time will be required to attend,
together with the parent/s or guardian/s, two (2) consecutive regular sessions of
counselling conducted by the BCPC, which shall include this matter as part of its
session's agenda: Provided, That the BCPC Chairperson shall issue a certificate of
compliance on the penalty by the concerned child with the parent/s or guardian/s.
Provided further, That the child with the parent/s or guardian/s shall be required
to submit the certification issued by the BCPC Chairperson to the Punong Barangay
and the apprehending officer within two (2) months from the date of violation.
Provided finally, That non-compliance with the counselling requirement will elevate
the matter to the DSWD for proper disposition.

For the third and every subsequent offense the child shall be handed over to
the DSWD office with jurisdiction over the locality of the residence of the child, for
appropriate counselling and proper disposition on the matter.

Children that are habitual violators of this Act shall be handed over to the
DSWD for counselling and shall be subjected to appropriate interventions.

In cases when children have adopted the streets, sidewalks, parks, markets,
premises of malls or establishments, or any public place as their home, the
respective barangay government shall ensure that children who may not have
parents or guardians are referred to the LSWDO.

SEC. 9. Penalties for Parents or Guardians. - The parent/s or guardian/s of
the child who is left unattended during unsafe hours shall be summoned to fetch
the child from the barangay hall and be informed of the consequences in case of
subsequent violation. Likewise, the parent/s or guardian/s shall be penalized with:

For the first offense, community service of forty-eight (48) hours or a fine of
Two thousand pesos (P2,000.00) or both. For the second offense, seventy-two
(72) hours of community service or a fine of Three thousand pesos (P3,000.00) or
both; and for the third offense and every subsequent offense, community service
of one hundred )100) hours, and a fine of Five thousand pesos (P5,000.00) or
both.

SEC. 10. Role of Government. - All Barangay Captains shall oversee the
implementation of this Act. Th e BCPC shall take an active role in the
implementation of this Act and shall conduct a massive advocacy campaign on the
dangers of children being outside their abode during unsafe hours. The DSWD
shall ensure that local government units (LGUs) are able to conduct the necessary


and appropriate counselling for offending parents and their children.

SEC. 11. Community Involvement. - Any person who has personal
knowledge of the existence of any unchaperoned child in any public place during
unsafe hours must immediately call the attention of any official from the closest
barangay, police officer, or other person in authority in order to ensure safety of
the child. Thereafter, the Reach Out Protocol should be observed by the
responding officers.

SEC. 12. Non-implementation or Violations of this Act. - Any public officer
vested with the duty to implement the law, who shall knowingly and maliciously
prevent, prohibit, refuse, discontinue, or violate the implementation of any
provisions of this Act, or any of the rules and regulations promulgated in
accordance thereof, shall be punished by imprisonment of not less than one (1)
month but not more than six (6) months, and temporary suspension from public
service.

The public officer liable under this Section shall, in addition to the
imprisonment, be held administratively liable under applicable laws.

SEC. 13. Annual Report. - The Department of Interior and Local Government
(DILG), in coordination with concerned agencies, shall submit an annual report to
the Congress of the Philippines on the status of the implementation of this Act.

SEC. 14. Appropriations. - The amount necessary to cover the
implementation of this Act shall be charged against the current year’s
appropriations of the concerned agencies. Thereafter, the funding requirement for
its continued implementation shall be included in the annual General
Appropriations Act.

SEC. 15. Implementing Rules and Regulations. - Within sixty (60) days from
the effectivity of this Act, the DILG, in consultation with the Liga ng mga Barangay
sa Pilipinas, CWC, National Youth Commission (NYC), and DSWD, shall promulgate
the rules and regulations to effectively implement the provisions of this Act.

SEC. 16. Separability Clause. - If any provision of this Act is declared invalid
or unconstitutional, the other parts hereof not affected thereby shall remain valid.

SEC. 17. Repealing Clause. - All laws, orders, proclamations, rules and
regulations, or part thereof, which are inconsistent with any provision of this Act
are hereby repealed or modified accordingly.

SEC. 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in any newspaper of general circulation.

Approved,