EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S. No. 831
(Olfirr of l.ji Sii I f" IT
'19 
JUL30 
P4:13
Introduced by Senator 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 
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 country1. The number 
could be more at present and no single government program seems to address the 
problem effectively.
1 See “ Situalion o f the Filipino Children", 2012, Council for the Welfare o f Children. Accessed at w w w.cwc.eov.oh on March 11,2013 tno 
update o f the study yet to date).


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 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 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)2 
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 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 in 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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R ^ P H  0.
2 BCPC is n council organized under PD 603 willi mandate to draw and implement plans and programs for the promotion o f child and youth 
welfare. The mandate does not include addressing pioblems o f the community on street children, hence, this bill will provide for an 
additional responsibility for the BCPC. PD 603 piovides a generic com|iosition of the BCPC, .stating that members shall be fiom among the 
responsible members o f the community, with representatives from the youth, government and private agencies concerned with the welfare 
o f children and youth


EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S. No. 831
i cf Hit 
tnip
•19 
JUL30 
P4:13
Introduced by Senator Ralph G. RectQjECi...
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 o f Representative o f the Philippines in Congress 
assembled:
1 
Section 1. Title. -  This Act shall be known as the "Street Children Welfare Act".
2 
Sec. 2. Declaration o f Policy. -  Article XV of the Constitution provides that the
3 
State shall defend the right of children to assistance, including proper care and
4 
nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation
5 
and other conditions prejudicial to their development.
6 
It is also the declared policy of the State to eliminate the presence of street
7 
children in its cities and municipalities by promoting their welfare through strengthened
8 
programs aimed at protecting their rights at the community level and by encouraging
9 
the private sector in aiding government efforts to provide relief for street children who
10 
are otherwise deprived of opportunities for growth and development.
11 
The State shall also ensure that street children are provided with adequate
12 
nutrition, clothing and shelter as well as with social and health services and educational
13 
opportunities, including vocational and life-skills training, in order to support their full
14 
development and provide them with adequate protection and assistance.
15 
The State shall also provide street children who are victims of physical, sexual
16 
and substance abuse with adequate rehabilitation and social reintegration services and
17 
promote reunification with their families when feasible.


1 
Sec. 3. 
Definition and Classification o f Street Children. -  The term street
2 
children refers to children under the age of eighteen (18) years who spend a large
3 
percentage of their time living, working and playing on the street. They are further
4 
classified into four (4) groups:
5 
a. Children on the street -  Children who spend a majority of their time on the
6 
street for livelihood but return home to their families on a regular basis;
7 
b. Children o f the street -  Children who also spend a majority of their time
8 
living, playing and working on the street, but seldom return to their families
9 
in communities or not at all. They generally do not go to school and decide
10 
to live on the streets because of problems at home that include extreme
11 
poverty, violence and substance abuse;
12 
c. Abandoned and neglected children -  Children who are on the streets because
13 
they have no families; have been abandoned or neglected by their families;
14 
or have been displaced from their families. They maintain no connection to
15 
their families and are normally out of school; and
16 
d. Children o f street families -  Children who live with their families on the
17 
street. Their families have often been homeless for long periods of time and
18 
earn their livelihood on the streets.
19 
Sec. 4. Barangay Council for the Protection o f Children (BCPC). 
-  The BCPC
20 
created under Presidential Decree (PD) 603 shall have the following members, who
21 
shall be chosen from among the responsible members of the community:
22 
a. Punong Barangay;
23 
b. Barangay Kagawad (Chairperson on Women and Family);
24 
c. Barangay Nutrition Scholar;
25 
d. Barangay Day Care Worker;
26 
e. Barangay Health Nurse / Midwife;
27 
f. Barangay Health Worker;
28 
g. Department of Education (DepEd) Principal / Teacher-in-charge;
29 
h. Chief Tanod;
30 
i. Sangguniang Kabataan (SK) Chairperson;
31 
j. 
Parents-Teachers Association (PTA) President or authorized representative;
32 
and


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k. Two (2) representatives from a Non-Government Organization (NGO)
2 
concerned with the welfare of children and youth.
3 
Upon assumption to office, the Punong Barangay is hereby mandated to
4 
convene the BCPC. In its first meeting, the Punong Barangay shall call for an election of
5 
the BCPC chairperson from among its members.
6 
Sec. 5. Roles and Functions o f the BCPC. -  In addition to its functions under PD
7 
603, the BCPC shall perform the following functions consistent with the declared
8 
policies of this Act:
9 
a. Coordinate with the Council for the Welfare of Children (CWC) and the
10 
Department of Social Welfare and Development (DSWD) in drawing and
11 
implementing plans for the promotion of child and youth welfare, particularly
12 
on issues concerning street children;
13 
b. Monitor the existence of children on the street in their respective
14 
communities;
15 
c. Prepare a report on the number of street children in its respective area of
16 
responsibility, discussing every case in full detail, including a brief history of
17 
how the child had been forced to 
spend most of the child's time on the
18 
streets. 
The 
said report shall be submitted to the CWC and the DSWD,
19 
including the local Social Welfare Department of its respective city or
20 
municipality;
21 
d. Prepare an intervention plan for each of the cases, which should be
22 
specifically based on the peculiarity of the circumstances of each child; and
23 
e. Coordinate 
with 
the 
local 
government 
unit 
and 
non-government
24 
organizations promoting the welfare of street children in addressing the
25 
problem of street children in each barangay.
26 
Sec. 6. Incentives. -  In order to encourage private sector participation, all
27 
expenses incurred by any private individual, corporation or a non-governmental
28 
organization, in the establishment of facilities or in the performance of services,
29 
including donations, which are consistent with the declared policies of this Act, shall be
30 
considered as allowable deductions from the gross income as defined under Section 32,
31 
Chapter VI, Title II of the National Internal Revenue Code of 1997, as amended.


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Sec. 7. Applicability o f 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 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 
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. 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,