Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 578

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

Article XV, Section 3 provides that it is the mandate of the State to "defend the right of children
toassistance, 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 policy of the state to promote and protect the physical, moral, spiritual, intellectual,
and social well-being of the children and youth.

In cognizance of the abovementioned State's responsibilities, this proposed measure shall declare
as unlawful for parents or guardians to, knowingly or by insufficient control, allow unchaperoned
children to loiter, roam around, or sleep in any public place from 10:00 pm to 5:00 am without
lawful purpose or justifiable reason.

This is to protect minors from threats of crime, abuse and exploitation. Likewise, this shall also
protect them from negative influences and prevent them syndicates from using minors as pawns
for criminal activities.

‘This proposed measure is based upon House No. 7513, which was a product of the concerted
efforts of numerous representatives from the 17 Congress.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

)Y MYRA S. TAMBUNTING
2nd District, Parafiaque City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. BL)

Introduced by HON. JOY MYRA S. TAMBUNTING

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 PENALTIES 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:
(@) 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 safe and wholesome recreational
activities, as well as to enjoy respite from activity, take a rest, and have adequate sleep.

(©) 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 can 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 and the adverse effects of unsupervised social
activity outside of the home;

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

(@) protect children from being victims of crime, abuse, and other forms of exploitation.

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


(@) 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;

(©) 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 refer 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;

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

(A) Loiterrefers to the act of lingering or remaining idly in a public place;

(@) 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 (5:00)
O'clock 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 up to 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:

(@) 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;

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

(A) involved in an emergency;

(€) 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;


(A) 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;

ji, present proper identification to the child;
ili, 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,

li, 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. 9344, also known as the Juvenile Justice Welfare Act, as amended
by Republic Act No. 10630, otherwise known as the "Strengthening the Juvenile Justice
‘System in the Philippines".

(0) 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
counseling.

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 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 counseling and
proper disposition on the matter.

Children that are habitual violators of this Act shall be handed over to the DSWD for counseling
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. The 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 counseling 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 the 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 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 provision of this Act, or any of the rules and
regulations promulgated in accordance thereof, shall be punished by imprisonment of not less


than six (6) years but not more than twelve (12) years, and temporary suspension from public
service.

Any such officer who shall prevent, prohibit, refuse, or discontinue the implementation of this Act
or its rules and regulations, or in any other way violate them by reason of inexcusable negligence
or ignorance, shalll be punished by an 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 Jaws.

SEC. 13. Annual Report. - The Department of Interior and Local Government (DCLG), 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.

For LGUs, the implementation of the programs shall be funded from their internal revenue
allotment and other internally generated funds.

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 for
implementation.

SEC. 16. Separability Clause. — If any part or 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 parts
thereof, which are inconsistent with any provision of this Act are hereby repealed or modified
accordingly.

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

Approved,