FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )

First Regular Session )
HOUSE OF REPRESENTATIVES.

House Bill No.__ 1707

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

Child care or day cate is care of a child during the day by a person other than the child's
parents or legal guardians, which typically, is someone outside the child's immediate family. It is
usually an ongoing care for enrolled children during specific periods, i.e. parents! working hours.
Child care or day care may also take on a more formal structure, ie. with education, child
development, discipline and even preschool education.

In the Philippines, the vast majority of child care is still performed by the parents and in-
house nannies or “ya)as”, or through the help of relatives (ic. grandparents), neighbors or friends.

With the emergence of carecr-oriented parents (both patents are working), for-profit child
care or day care centers have mushroomed in highly-urbanized and/or urbanized cities and/or
municipalities. These care centers have also invaded shopping malls and commercial establishments,
catering to working parents or those parents that leave their children in child care while they attend
to adult matters like grocery shopping or watching mor

In order to promote the best interest of the child, this bill proposes to regulate child care ot
day care centers through licensing and certification, and providing for penalties and remedial
measures in cases of violations. ‘This is consistent with State’s inherent duty to act as parens patriae
(father of his country) where minors are involved.

‘This proposed legislation finds support in the Philippine Constitution, which recognizes that
“the Filipino family as the foundation of the nation and as such, requires the government to
strengthen the family’s solidarity and actively promote its total development.” ‘Thus, the State is
required to uphold the “[t}he right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, relly, exploitation and ather conditions prejudicial to ther development.”

‘Thus, this bill, in regulating and licensing child care or day: centers, ensures the protection
and promotion of the best interest and paramount welfare of children under the guidance and care

of these centers.

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

SUSAN

Representative, 2" rich of Tarlac


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

HOUSE OF REPRESENTATIVES
107
House Bill No,__ 1707

Introduced by Representative Susan A. Yap

AN ACT REGULATING CHILD CARE CENTERS
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be kaown as the “Child Care Center Act of
2010."

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
recognize the vital role of the youth in nation-building and to promote and protect theit
physical, moral, spizitual, intellectual, and social well-being. 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
environment.

‘The State also recognizes the natural and preliminary right and duty of parents in the
rearing of the youth for efficiency and development of moral character. However, parents who
work outside the home are compelled to entrust the care and supervision of their children to
child care centers during part of the day or for longer periods. Such child care centers shall be
regulated by the State to promote the welfare of children under their care.

SECTION 3. Definitions. - In this Act, the term-

(a) “Child care center” means any premises at which five (5) or more children who are
under the age of seven (7) years are habitually received for the purpose of care and

pervision during part of the day or for longer periods;

Secretary” means the Secretary of Social and Welfare and Development, and

includes any person who is authorized by him to perform any of the duties or
exercise any of the powers of the Secretary under this Act or any regulations made
pursuant to this Act;

()sLicense” means a license issued under this Act in respect of a child care center,
and “licensed” and “licensee” have corresponding meanings; and

(d) “Premises” includes any building, enclosure, ground, or open ait space.

(b)

SECTION 4, Lizense.- (a) No peison shall operate or take part in the management of a
gghild care center except under the authority of and in accordance with the terms and
‘conditions of a license issued by the Secretary

(b) Ifa child care center is not licensed or is used otherwise than in accordance with
the terms and condition its license, any person who operates or takes part in the
management of the child care center shall be guilty of an offense and shall be liable on
conviction to a fine not exceeding twenty thousand pesos (20,000.00) or to
imprisonment for a term not exceeding nwo years (2) years or both, at the discretion of
the court.


SECTION 5. Application jor a License. ~
shall be in such forms as may be prescribed.

(a) An application for the issuance of license

(b) On receipt of an application, the Secretary may, in his or her discretion, issue a
license subject to such terms and conditions as he or he may think fit to impose.

(©) The Secretary may refuse to issue a license if-

(1) the Secretary is not satisfied as to the character or fitness of the applicant to be the
licensee of a child care center or, where the applicant is a body corporate, as to the
character or fitness of the members of the board of directors or committee ot
board of trustee or other governing body of the body corporate;

(2) for reasons connected with the situation, construction, accommodation, staffing,
or equipment, the premises to be used for the child center are not fit to be used for
the purposes of a child care care center;

(3) The premises to be used as a child care center do not comply with any
requirements relating to the structure, fire precautions, health, sanitation, and safety
set out in law, rules, and regulations; or

(4) The child cae center would not be under the continuous personal management
and supervision of a person of sufficient qualifications and experience to ensure the
satisfactory operations of the child care center.

(c) Where the Secretary refuses to issue a license, he or she shall, if requested to do so
by the applicant, state in writing the reasons for his or her refusal.

SECTION 6. Duration of License. — (a) For the issuance of a license, the applicant shall
pay a fee of such amount as may be, prescribed.

(b) A license shall continue in force for a period of two (2) years from the date of its
issuance or such shorter period as may specified in the license unless it has been previously
revoked but may be renewed by the issuance of a new license.

SECTION 7. Revocation and Suspension of License, — (a) The Secretary may revoke o
suspend the licensg of a person in respect of a child care center~

(1) on any ground specified in section 5 (c) which would have entitled the Secretary to
refuse an application for a license in respect of that child care center;

(2) if the licensee fails to comply with any direction given by the Secretary under
this Act;

(3) if the child care center has ceased to operate as such;
(4) if the licensee has been convicted of an offense under this Act; or

(5)' on the ground that any term or condition specified in the license has not been or
is not being complied with

(b) Before revoking or suspending a license, the Secretary shall give notice to the
licensee of the ground on which it is proposed to revoke or suspend the license and shall
afford the licensee an opportunity to show cause why the license should not be revoked or
suspended.


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SECTION 8. Appeal. — Any person aggrieved by any decision of the Secretary under
section § or 7 may, within fifteen (15) days after receipt of the noticed of the decision, appeal
to the Office of the President whose decision shall be final.

SECTION 9. Display of License. - (a) Every licensee shall cause the license to be
permanently displayed in some conspicuous place where it can readily be seen by all persons
having access to the child care center to which the license relates.

(b) Every licensee who contravenes or fails to comply with subsection (a) shall be
guilty of an offense and shall be liable on conviction to a fine not exceeding ten thousand
pesos (10,000.00) and to a further fine not exceeding one thousand pesos (P1,000.00) for
every day during which the offense continues after conviction

SECTION 10. Registers. -— (a) The Secretary shall cause to be kept and maintained a
register of all licensed child care centers.

(b) The Secretary may require every licensee to keep and maintain such register of
children and staff as the Secretary considers necessary for carrying out the purposes of this
Act.

SECTION 11. Inspection of Child Care Centers. (a) The Secretary and any officer
authorized by him or ber may-
(1) at all reasonable times enter and inspect any child care center or any premises which
he or she has reason to suspect are used for the purposes of a child care center;

(2) require any person taking part in the operation or management of a child care
center to produce any book, document, ot other article relating to the management of
the child care center or to any other activity in respect of the child care center, or to
finish any information relating to such management or activity; and

(3) do such other things as are necessary for the inspection of a child care center

(b) Any person who prevents or obstruct the Secretary or any officer authorized by the
Secretary in the execution of his or her powers, or refuses to produce any book, document, or
other article upon being required under subsection (a) shall be guilty of an offense and shall be
liable on conviction to a fine not exceeding fifteen thousand pesos (15,000.00) or to
imprisonment for a term not exceeding one (1) year or both, at the discretion of the court.

SECTION 12. Remedial Measures. ~ (a) The Secretary may, in respect of any licensed
child care center, by notice in writing, give such directions as he or she thinks necessary to
ensure that

(1) itis operated and managed satisfactorily;

(2) the welfare of the children attending it is promoted in a proper manner; and
(3) the provisions of this Act are complied with.
(b) A notice under subsection (a) shall-

(1) be served upon the person licensed in respect of the child care center; and

(2) specify a period of time within which the directions shall be complied with


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SECTION 13. Offenses by Bodies Corporate. — Where an offense under this Act
committed by a body corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any director, manager,
seereraty, or other similar officer of the body cx

»rate, oF any person who purported to act
in any such capacity, he or she a3 well as the body corporate shall be guilty of that offense and
sinull be liable to be proceeded against and punished accordingly.

SECTION 14. Exemprion— This Act shall not apply to any child care center
maintained and controlled by the government, or to any school which is registered under the
Department of Education

SECTION 15. Regulations. (a) The Secretary shall promulgate the necessary rules and
regulauons to carry out the objectives of this Act.

(b) Without prejudice to the generality of subsection (a) the Secretary shall make
regulations providing in relation to a licensed child care center for all or any of the following
matters

(1) the forms, fees, and registe

for the purposes of this Act;

(2) the operation, management, and supervision thereof

the classes or types thereof;
(4). the duties and responsibilities of persons licensed in respect thereof;

(5) the qualifications, experience, appointment, duties, responsibilities, and discipline
of persons for the purpose of the operation, management, and supervision thereof;

(6) the admission of children thereto and the minimum or maximum age of childre:
who may be admitted to any class or type thereof;

(7) the medical examination of the children cared for and the persons employed
therein;
(8) measures to preserve the health and well-being of children or employees;

(9) the control and supervision of activities therein;
(10) the adequacy, sustainability, and use of equipment therein;

(11) the keeping, in respect thereof, of record, time tables, menus, and books of
accounts ‘

(12) the reports and information to be supplied to the Secretary in respect thereof;
(13) the structure, hygiene and sanitation therein;

(14) the precautions to be taken against fire or other peril likely to endanger the lives
or health of children cared therein;

(15) the amount of fees and other charges that may be charged or imposed in respect
of the services provided therein or otherwise on account of the attendance of children thereat
and the restriction or prohibition-of any further fees and charges ot of any specified fees and
charges; and


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(16) the methods of payment or collection of fees and the charges and the restriction
of prohibition of collections or subscription of money.

SECTION 16. Separability Clase. - If any provision, or part hereof is held invalid or
unconstitutional, che remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

SECTION 17. Repealing Clawie ~ Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with,

the provisions of this Act is hereby repealed, modified or amended accordingly,

SECTION 18. Effectivity Clause. ~ This act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,