Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Third Regular Session

House Bill No. 8499

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO.

AN ACT
ESTABLISHING A NATIONAL STRATEGIC MISSING CHILDREN RECOVERY
PROGRAM, AND FOR OTHER PURPOSES

EXPLANATORY

A majority of our children, despite their tender age, experience
exploitation, violence and abuse due to the many ills pervading in society today.
From child laborers, street children and children who are victims of rape or
sexual abuse, it is always the little chiidren who suffer the most. But it is not only
the duty of the parents and their families to protect and care for their children but
Most the duty of the State as welt, based on the concept of Parens Patriae,
Article 14, Section 3, of the 1987 Philippine Constitution also states that: “Fifi
children have the fight to assistance, including proper care and nutrition, and
Special protection from ail forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development.” That is why there are government
agencies that specifically look into cases that violate the rights of children.

The Council for the Welfare of the Children is the agency that oversees
children's protection, welfare and develapment in the Philippines. tt has sectoral
panels or task forces that facus on the five major areas of the Philippine Plan of
Action for Children (PPAC) and the Convention on the Rights of the Child (CRC)
which are: 1) family care and alternative parental arrangements; 2) basic health,
nutrition, social security and safe environment; 3) basic education, leisure,
recreation and cultural activities; 4) protection of children in especially difficult
circumstances; and 5) fundamental civit rights. Yet, there is no specialized


agency or among the major areas which oversees cases relating to missing
children.

This bill, therefore, seeks to establish a National Strategic Missing
Children Recovery Program which will aid in retuming missing children to the
care and protection of their parents of legal guardians. This is to address the
problem of a significant number of chikiren who are separated from their families
for reasons such as natural calamities as well as forced and involuntary
disappearances.

The program will be under the Council for the Welfare of Children and
coincides with the creation of a sixth sectoral panel: the Sectoral Panel on
Missing Children. The said Sectoral Panel shall establish and operate a national
Tesource center and infarmation clearinghouse. Among Its functions include: (1)
coordinating public and private programs which will locate, recover and reunite
missing children with their parents or legal guardians and (2) establishing and
operating a national missing chitdren telephone hotline

With the measure’s passage, more children will be reunited with their
families where they can continue to grow under their protection and care

In view of the foregoing, the urgent passage of this bill is sought.

DIOSDADO\MACAPAGAL ARROYO cronflacarncns ARROYO
Second District, Camarines Sur nd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Third Regular Session

House Bill No._ 8499

introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO.

AN ACT
ESTABLISHING A NATIONAL STRATEGIC MISSING CHILOREN RECOVERY
PROGRAM, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as the ‘National
Strategic Missing Chitdren Recovery Program Act of 2012.”

SECTION 2. Declaration of Principle. - The State reiterates its
tesponsibility as Parens Patriae to protect the welfare of children especially in the
wake of the following developments, namely:

4. Each year, hundreds of children are abducted or removed from the
protection and care of their parents or legal guardians with such parents or
legal guardians’ consent, under circumstances which place these children
in grave danger;

2. Many of these children are never reunited with their families;

3. Often there are no clues to the whereabouts of these children;

4. Many missing children are at risk of both physical harm and sexual
exploitation;


5. In many cases, parents and local law enforcement officials, have
neither the expertise nor the resources to mount expanded search efforts;

6. Abducted children are frequently moved from one locality to another,
fequiring the cooperation and coordination of both local and national law
enforcement efforts; and

7. On frequent occasions, law enforcement authorities quickly exhaust alt
leads in missing children cases, and require assistance from distant
communities where the child may be located.

SECTION 3. Definition of Terms. — For the purpose of this Act,

1. The term "missing child” shall refer to any individual less than 18 years
of age whose whereabouts are unknown to such individual's parents or
legal guardian if,

a) the circumstances surrounding such individual's disappearance
indicate that such individual may possibly have been removed by
another from the protection and care of such individual's parents or
legal guardian without such parents or legal guardian's consent; or

b) the circumstances of the case strongly indicate that such
individual is likety to be abused or sexually exploited;

2. The term "Council

alt refer to the Council for the Welfare of Chikiren;

3. The term "Chairperson" shall refer to the Chairperson of the Sectoral
Panel on Missing Children of the Council for the Welfare of Children of the
Department of Social Welfare an Development; and

4. The term "Sectoral Panel" shall refer to the Sectoral Panel on Missing
Children.

SECTION 4. Creation of the Sectoral Panel on Missing Children. — A sixth
sectoral panel, the Sectoral Panel on Missing Children, shall be established at
the Council for the Welfare of Children. The Sectoral panel shall be the primary
unit in the Council that shall assist law enforcement agencies in the prompt
resolution of cases involving missing children

The Sectoral Panel shall adhere to the rules and regulations governing the
operation and administration of the Council.

SECTION. 5. Duties and Functions of the Sectoral Panel. - The Sectoral
Panel on Missing Children shall:


shall:

1. Establish and operate a national resource center and information
clearinghouse designed to:

a. provide technical assistance to national and local governments,
nongovernmental organizations (NGOs) and individuals in locating
and recovering missing chikiren;

b. coordinate public and private programs which locate, recover,
and reunite missing children with their parents or legal guardian;

¢. disseminate information about innovative programs, services,
and legislation on missing children

2. Establish and operate a national missing children telephone hotline by
which individuals may report information regarding the location of any
missing child, or request information pertaining to procedures necessary
to reunite such child with the child's parents or legal guardian;

3. Annually conduct national incidence studies to determine the actual
number of children reported missing, the number of children who are
vietims of abduction by strangers and the number of children who are
recovered each year.

4. Analyze, compile, publish, and disseminate an annual summary of
recently completed researches, as well as national and local
demonstration projects relating to missing children with particular
emphasis on:

a. Effective models of national and local agencies for locating
missing children;

b. Effective educational methods designed to promote community
awareness of the problem to prevent the abduction and sexual
exploitation of children; and

©. Effective programs which provide counseling and treatment to
families of missing chikiren or to chikdren who have been victims of
abduction or sexual exploitation;

SECTION 6. Duties and Functions of the Chairperson. ~ The Chairperson
a. issue such rufes as the Chairperson considers necessary or appropriate

to carry out the duties and functions of the Sectoral Panel on Missing
Chikiren;


b. prepare, subject to the review and approval of tile Technical
Management Committee, an annual comprehensive plan for facilitating
cooperation and coordination among all agencies and organizations with
responsibilities related to missing children;

©. provide adequate staff and agency resources which are necessary to
properly carry out the responsibilities of the Sectoral Panel;

d. The Chairperson shall provide grants to or enter into contracts with
other government agencies, govemment-owned and controlled
corporations, private corporations, and NGOs, pursuant to the provisions
of Section 8 of this Act.

e. The Chairperson shall receive and manage funds from extemal
resources including donations, grants and endowments for the
implementation of its programs pursuant to the provisions of Section 5 of
Act.

SECTION 7. Additional Members to the Council Board. - The Council
Board shall have as additional members the Philippine National Police and the
National Bureau of Investigation or their duly authorized representatives.

SECTION 8. Grants. - The Chairperson is hereby authorized to make
grants to private corporations, government agencies or NGOs, or combinations
thereof for research, demonstration projects or service programs designed to:

a. Educate parents, children, and local communities in ways to prevent the
abduction and sexual exploitation of children;

b. Provide information to assist in the locating the recovery of missing
children;

¢. Aid communities in the collection of materials which would be useful in
the identification of missing children;

d. Increase knowledge of and develop effective treatment pertaining to the
psychological consequences, on the family of the missing child;

e. Collect detailed date on the actual investigation practices utilized by law
enforcement agencies in missing chikirens' cases.

in considering grant applications, the Executive Director shall give priority
to applicants who have a proven tack record or experience in:

a. Locating missing children or locating and reuniting missing chitdren


6. Providing other services to missing children or their families; or

¢. Conducting research relating to missing children with their parents or
legal guardians;

SECTION 9. Criteria for Grants. - Subject to the review and approval of
the Technical Management Committee, the Chairperson shall establish annual
research, demonstration, and service program priorities for making grants and
contracts pursuant to section 8 of this Act.

SECTION 10. Appropriations. — To carry out the provisions of this Act, the
amount of Five Million Pesos (P5,000,000.00) shall be appropriated to the
Sectoral Panel under the General Appropriations for the first year of
implementation. Thereafter, such amount as may be necessary to carry out this
Purpose shall be included in the budget of the Council for the Welfare of Children
in the General Appropriations Act.

SECTION 11. Separability Clause. ~ H any provision of this Act or the
application of such provision to any person or circumstances is declared
unconstitutional, the remainder of the Act or the application of such provision to
other persons or circumstances shall not be affected by such declaration.

SECTION 12. Repealing Clause. ~ All laws, presidential decrees,
executive orders, rules and regulations that are contrary to the provisions of this
Act are hereby repealed, amended and modified accordingly.

SECTION 13. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,