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

*SSEEIVER
DATES.

H.B. No, 3184

Introduced by Representative Ralph G. Recto

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 needs
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 in 2012!. A news article in 2018
estimated that in Manila alone, the number of children who live on the streets and are
left to fend for themselves is between 250,000 to 1 Million’. The number could be

Coun for the Welfare of Children. Accessed at www.cwe.gov.ph on March 1, 2013 (no

+ See "Situation ofthe Filpino Children’, 2
Update ofthe stdy yet to date)
2 https: fwmw.afd.tr/en/actuaites/reath-hope-street-cildren-philippines.


more at present and no single government program seems to address the problem
effectively.

It is in this parens patriae concept in which the State acts as parent that the
latter fails miserably. We contend that in this case, if the State alone cannot ensure
the welfare of our children, particularly those who roam our streets, the private sector
can be tapped to address a seemingly gargantuan social strain. According to ChildHope
Asia Foundation, one of the leading non-governmental organizations (NGOs)
concerned with children's welfare and protection, the 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) No. 603 as a preventive approach to eliminate 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 refuge 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 from their gross income.

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

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

HOUSE OF REPRESENTATIVES

Introduced by Representative Ralph G. Recto

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 shal! also ensure that street children are provided with adequate
nutrition, clothing and shelter as weil 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.


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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:

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) No. 603 shall have the following members, who
shall be chosen from among the responsible members of the community:

. Punong Barangay;
. Barangay Kagawad (Chairperson on Women and Family);

so

. 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;
j. Parents-Teachers Association (PTA) President or authorized representative;

ze >e an

and



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k. 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.

Sec. 5. Roles and Functions of the BCPC. — In addition to its functions under PD

No, 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 to the 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 NGOs 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 an NGO, 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.

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 No. 7610 or


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the “Special Protection of Children Against Abuse, Exploitation and
Discrimination Act”, as amended, shall govern insofar as it is applicable.

b. For children in conflict with the law, Republic Act No. 9344 or the “Juvenile
Justice and Welfare Act of 2006” shal! apply.

Sec. 8. Implementing Rules and Regulations. ~ Within thirty (30) days from the
effectivity of this Act, the Department of the Interior and Local Government, the DSWD.
and the Bureau of Internal Revenue 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
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.

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. Fffectivity. - 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,