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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 617 
Introduced by Senator Ralph G. Recto 
Explanatory Note 
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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 246,000 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 this case, if the State alone cannot ensure the welfare of our 
children, particularly those who roam our streets, the p11vate sector can be tapped to address a 
seemingly gargantuan social strain. According to ChildHope Asia Foundation, one of the leading 
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 (BCPCi organized under Presidential Dec}'ee (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 of 2013," the bill also proVides 
incentives to private individuals, corporations, non-governmental organizations or entities that 
offer much-needed facilities or services aimed at providing our street children sh~rt- 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 ~cplli~e. Hence, the immediate 
passage of this bill is earnestly sought. 
TO 
1 See "Situation of the Filipino Children", 2012, Council tor the Welfare of Children. 
essed at www.cwc.gov.ph 
on March 11, 2013. 
1 BCPC is a council organized under PO 603 with mandate to draw and implement plans and programs for the 
promotion of child and youth welfare. The mandate does not include addressing problems of the community on 
street children, hence, this bill will provide for an additional responsibility for the BCPC. 


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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
JUL -8 P 2 :48 
SENATE 
S. No. 
617 
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 
i 
Be it enacted by the Senate and the House of Representative of the Philippines in 
Congress assembled: 
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SECTION I, Title. - This Act shall be known as the "Street Children Welfare Act of 
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2013." 
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Sec. 2. Declaration of Policy. - Article XV of the Constitution provides that the State 
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shall defend the right of children to assistance, including proper care and nutrition, and special 
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protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial 
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to their development. 
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It is also the declared policy of the State to eliminate the presence of street children in its 
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cities and municipalities by promoting their welfare through strengthened programs aimed at 
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protecting their rights at the community level and by encouraging the private sector in aiding 
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government efforts to provide relief for street children who are otherwise deprived of 
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opportunities for growth and development. 
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The State shall ~lso ensure that street children are provided with adequate nutrition, 
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clothing and shelter as well as with social and health services and educational opportunities, 
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including vocational and life-skills training, in order to support their full development and 
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provide them with adequate protection and assistance. 
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The State shall also provide street children who are victims of physical, sexual and 
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substance abuse with adequate rehabilitation and social reintegration services and promote 
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reunification with their families when feasible. 
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Sec. 3. Definition and Classification of Street Children. - The term "street children" 
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refers to children under the age of 18 years who spend a large percentage of their time living, 
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working and playing on the street. They are further classified into four 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. 
(c) 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. 
(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 eam 
their livelihood on the streets. 
Sec. 4. Barangay Council for the Protection of Children (BCPCl - The BCPC created 
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under Presidential Decree (PD) 603 shall have the following members, who shall be chosen from 
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among the responsible members of the community: 
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Punong Barangay, 
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Barangay Kagawad (Chairperson on Women and Family) 
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Barangay Nutrition Scholar 
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Barangay Day Care Worker 
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Barangay Health Nurse! Midwife 
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Barangay Health Worker 
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DepEd Principal! Teacher-in-charge 
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Chief Tanod 
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SK Chairperson 
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Parents-Teachers Association (PTA) President or hislher representative 
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Two (2) representatives from a Non-Government Organization (NGO) concerned 
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with the welfare of children and youth 
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Upon assumption to office, the Punong Barangay is hereby mandated to convene the 
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BCPC. In its first meeting, the Punong Barangay shall call for an election of the BCPC 
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chairperson from among its members. 
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Sec. 5. Roles and Functions of the BCPC. - In addition to its functions under PD 603, the 
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BCPC shall perform the following functions consistent with the declared policies of this Act: 
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(a) Coordinate with the Council for the Welfare of Children (ewC) and the 
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Department of Social Welfare and Development (DSWD) in drawing and 
3 PD 603 provides a generic composition of the BCPC, stating that members shall be from among the responsible 
members of the community, with representatives from the youth, government and private agencies concerned 
with the welfare of children and youth. 


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implementing plans for the promotion of child and youth welfare, particularly 
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on issues concerning street children; 
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(b) Monitor the existence of children on the street m their respective 
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communities. 
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(c) Prepare a report on the number of street children in its respective area of 
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responsibility, discussing every case in full detail, including a brief history of 
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how the child had been forced to spend most of his or her time on the streets. 
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The said report shall be submitted to the CWC and the DSWD, including the 
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local Social Welfare Department of its respective city or municipality. 
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(d) Prep,are an intervention plan for each of the cases, whicj:l should be 
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specifically based on the peculiarity of the circumstances of each/child. 
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( e) Coordinate with the local government unit and non-government organizations 
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prolUoting the welfare of street children in addressing the problem of street 
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children in each barangay. 
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Sec. 6. Incentives. - In order to encourage private sector participation, all expenses 
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incurred by any private individual, corporation or a non-governmental organization, in the 
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establishment of facilities or in the performance of services, including donations, which are 
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consistent with the declared policies of this Act, shall be considered as allowable deductions 
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from the gross income as defined under Section 32, Chapter VI, Title II of the National Internal 
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Revenue Code of 1997, as amended. 
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Sec. 7. Applicability of Existing Laws. -
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(a) If the child is a victim of abuse, physical violence, neglect, sexual abuse and 
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similar circumstances, provisions of Republic Act No. 9262 or the "Anti-
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Violence Against Women and Their Children Act of 2004" and Republic Act 
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7610 or the "Special Protection of Children Against Abuse, Exploitation and 
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Discrimination Act", as amended, shall apply insofar as it is applicable. 
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(b) For children in conflict with the law, Republic Act 9344 or the "Juvenile 
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Justice and Welfare Act of2006" shall apply. 
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Sec. 8. Lvsuance of Implementing Rules and Regulations. - Within thirty (30) days from 
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the effectivity of this Act, the DSWD and the Bureau of Internal Revenue (BIR) shall issue the 
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necessary rules and regulations to carry out the effective implementation of this Act which shall 
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include the creation of a system of accreditation of private sector entities engaged in the 
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promotion of the welfare of street children. 
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Sec. 9. Separability Clause. - If, for any reason, any part or provision of this Code shall 
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be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected 
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thereby shall continue to be in full force and effect. 


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Sec. 10. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, or 
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parts thereof, which are inconsistent with this Act, are hereby repealed, amended or modified 
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accordingly. 
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Sec.H. Effectivity. - This Act shall take effect fifteen days (15) days following its 
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publication in at least two (2) newspapers of general circulation or the Official Gazette. 
Approved, 
mksbc