EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES
we 4963

Introduced by Rep. Vilma Santos-Recto
6th District of Batangas

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

EXPLANATORY NOTE

Our Constitution mandates the State to 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. This provision of
our supreme law illustrates the parens patriae concept or the power of the state to act as the
parent of any child or individual who is in need of protection.

This constitutional mandate has spawned a number of legislation aimed at shielding
our children against most forms of abuse, neglect and exploitation. However, the inadequacy
of our laws becomes apparent in the case of street children, which continue to be a large
societal blot in our efforts to safeguard the welfare of the youth. Estimates by the Council for
the Welfare of Children (CWC) reveal that there are around 250,000 street children in the
country'. The number could be more at present and no single government program seems to
address the problem effectively.

It is in this area where the parens patriae concept in which the State acts as parent
fails miserably. It is our contention that in

is case, if the State alone cannot ensure the
welfare of our children, particularly those who roam our streets, the private sector can be

* ee “Situation ofthe Filipino Children”, 2012, Council forthe Welfare of Children. Accessed at wwrw.cws.gov.ph on March 11, 2013 (n0
‘update ofthe study yet to date).


tapped to address a seemingly gargantuan social strain. According to ChildHope Asia
Foundation, one of the leading non-governmental organizations (NGOs) concerned on
children welfare and protection, majority of street children still go home to poor communities
within a barangay. Thus, this bill aims to strengthen the Barangay Council for the Protection
of Children (BCPC)? organized under Presidential Decree (PD) 603 as a preventive approach
for the purpose of eliminating the presence of street children in our cities and municipalities.

Aptly entitled the “Street Children Welfare Act,” the bill also 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 refuuge against the harsh
realities of the streets, including donations to such endeavors. It allows these so-called “good
Samaritans” to use the amount they allot on such facilities, services or donations as an
allowable deduction in their gross income.

We cannot allow the sad plight of our street children
immediate passage of this bill is earnestly sought.

‘VILMA SANTOS-RECTO

* BCRC is coun een ue PD 603 wih mandate oda an implement plan and pagans te romain of hid and sh
‘welfre. The mandate docs not include addressing problems of the community on steet children, hence, this bill will provide fOr an
‘diuonal esponsibility forthe BCPC. PD 603 provides a generic compesition ofthe BCPC, tating that members shall be fom among the
Tesponsible members ofthe community, with representatives from the youth, government and private agencies concemed with the welfare
‘of children and youth.

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EIGHTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

H. No. 4363

Introduced by Rep. Vilma Santos-Recto
6th District of Batangas

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 1. Title. ~ This Act shall be known as the “Street Children Welfare Act”.
Sec. 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

‘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

sistance.

reunification with their families when feasible.


Sec. 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:

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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;

¢. 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.

Sec. 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;

i, Sangguniang Kabataan (SK) Chairperson;

Parents-Teachers Association (PTA) President or authorized representative; and
k. Two (2) representatives from a Non-Government Organization (NGO) concerned

Fe me aoe

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.

Sec. 5. Roles and Functions of the BCPC. — \n addition to its functions under PD 603, the
BCPC shall perform the following functions consistent with the declared policies of this Act:

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establishment of faci
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.

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;

©. Prepare a report on the number of street children in its respective area of
responsi
the child had been forced to spend most of the child’s time on the streets. ‘The said
report shall be submitted to the CWC and the DSWD, including the local Social
Welfare Department of its respective city or municipality;

ity, discussing every case in full detail, including a brief history of how

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.

Sec. 6. Incentives.

in order to encourage private sector participation, all expenses

incurred by any private individual, corporation or a non-governmental organization, in the

fies or in the performance of services, including donations, which are

Sec. 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


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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.

Sec. 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.

Sec. 9. Separability Clause. ~ If, for any reason, any part or provision of this Act shalll 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.

Sec. 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.

Sec. 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,