ORDINANCE NO: 2008-270 (Authored by: Hon. Estrella D. Arao) "AN ORDINANCE ESTABLISHING THE COMPREHENSIVE CHILDREN'S WELFARE CODE OF PAGADIAN CITY" BE IT ORDAINED by the Sangguniang Panlungsod of Pagadian City in session assembled that: ARTICLE I Section 1. Title. - This code shall be known as the "Comprehensive Children's Welfare Code of Pagadian City." Section 2. Declaration of Policy and Principles of the City Government of Pagadian. - It is hereby declared that the policy of the City Government of Pagadian is the development and enhancement of children's welfare, giving due respect to the role of the family in providing the basic needs of children and providing welfare programs geared to support the effort of parents, other child-care and development workers, non-government organizations and communities that nurture and care for children from prenatal period of adolescence. The City Government of Pagadian strictly imposes this policy, giving utmost priority to the programs aimed towards the achievement of goals for the survival, protection, education, representation, as well as the participation and development of children; moreover, the City Government of Pagadian guarantees that such programs are allocated with sufficient resources and are protected in time of economic severity and structural adjustments. Section 3. DEFINITION OF TERMS - Anti-Social Related Activities - are those acts against property, chastity and persons which include the following: Petty crimes such as snatching, shoplifting, etc.; Using and pushing prohibited drugs, selling illegal or lewd materials; Pimping for young and old prostitutes and sexual perverts, and doing or participating in obscene shows; Gambling of any form; Rape and incest; and Any other circumstances as defined in the existing laws. Benefit Dance - shall refer to fund raising activity whereby young women/girls are selected by, or required to dance with male partners for certain amount of fee. Children - refers to persons below eighteen (18) years of age, including those over eighteen (18) years of age but are unable or incapable of taking care of themselves, or protect themselves from abuse, neglect, cruelty, exploitation or discrimination due to physical or mental disability or condition. Child Abuse - refers to the maltreatment of a child, whether habitual or not, which may be any of the following: Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; Any act, deed or word which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; Unreasonable deprivation of their basic needs of survival such as food and shelter, or Failure to immediately give medical treatment to an injured child resulting to serious impairment of his/her growth and development or permanent physical, mental incapacity or death. "Circumstances which gravely threaten or endanger the survival and normal development of children" shall be any of the following: Being in a community where there is armed conflict or being affected by armed conflict-related activities; Working under conditions hazardous to life, safety and morals which unduly interfere with their normal development or working without provision for their education; Living or fending for themselves in the streets of urban and rural areas without cares of parents or guardians, or without any adult supervision needed for their welfare. Being a member of an indigenous cultural community and/or living under conditions of extreme poverty, or in areas which are underdeveloped and/or lack of access or has inadequate access to basic services needed for a secure and a good quality of life. Being with family members or guardians who have psychological problems grave enough for them to commit incest, sibling rape, lascivious acts and other forms of physical and mental abuse; Being victims of human-made or natural disaster or calamity; Being a victim of an illegal transnational union or child trafficking; and Circumstances analogous to those stated which endanger the life, safety or normal development of children. Comprehensive Children's Support System Against Child Abuse, Exploitation and Discrimination - refers to the coordinated program of services and facilities to protect children against: Child prostitution and other sexual abuse; Child trafficking; Obscene publications and indecent shows; Other acts of abuse and exploitation; Child labor; and Circumstances that threaten or endanger the survival and normal development of children, or as prescribed in the United Nations Convention on the Rights of the Child. Comprehensive Support System for the Development of Children - also refers to the coordinated program of services and facilities outlined in Section 3 of RA 6972 and as prescribed by the UN Convention on the Rights of the Child. Development Rights - pertains to the access of a child to educational opportunities, access to relevant information, play, leisure, cultural activities and the right to freedom of thought, ideas, conscience and religion. Junk Diet - are foodstuffs which are processed with artificial flavors, coloring and preservatives and which have been found to contain carcinogenic elements harmful to the body, or those sold beyond their expiry period. Moro - refers to any individual belonging to any of the thirteen ethno-linguistic groups closely associated with Islam or Muslim, such as Tausog, Maranaw, Maguindanao, Samal, Yakan, Sangil, Iranun, Palawani, Badjao, Jama-Mapun, Kalibugan, Kalagan and Molbog Protection Rights - pertains to those which shield and guard children against all forms of child abuse, exploitation and discrimination in major areas where a child is considered to be in an extremely difficult circumstance. City Council of the Welfare of Children (CCWC) - refers to the Council created by the City Government of Pagadian responsible for the strict implementation of this code. Representation and Participation Rights - includes the child's freedom to express one's self in matters affecting their lives as well as the right to proper representation in the law-making body of the locality. These shall be considered part of the preparation for responsible parenthood and citizenry. Survival Rights - relates to the provision in relation to parental and governmental duties and liabilities, adequate living standards and access to the basic health services and social security. ARTICLE II - PROMOTION AND PROTECTION RIGHTS OF CHILDREN Section 4. Program on Child Abuse, Exploitation and Discrimination. - (a) There shall be a comprehensive program to be formulated by the City Council for the Welfare of Children (CCWC) with the City Social Welfare and Development Office as lead agency, in coordination with the special office for children's concerns, other government agencies, and the private sector concerned within one (1) year from the effectivity of this code to protect the children against child prostitution and indecent shows and other acts of abuse, and circumstances which endanger child survival and normal development. (b) A drop-in center for abused, neglected or exploited children which will take in children in urgent need of protection due to a situation which endangers the child, or which has exposed the child to cruelty and abuse; provided, that their barangay-level support systems, may call upon law enforcement agencies when the child needs to be rescued from an unbearable home situation; Section 5. Children Prostitution and Other Forms of Sexual Abuse. - Children whether male or female, who, for money, profit or any other consideration, or due to coercion or influence of any adult, syndicate or groups, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. As prescribed in RA 7610 otherwise known as "AN ACT PROVIDING FOR STRONGER DETERENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES", the penalties of- Reclusion Temporal - shall be imprisonment from twelve (12) years and one (1) day up to twenty (20) years, to Reclusion Perpetua - shall be imprisonment from twenty (20) years and one (1) day up to forty (40) years, shall be imposed upon the following: Those who engage in or promote, facilitate or include child prostitution which include: Acting as a procurer of child prostitute; Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; Entering into a relationship with or taking advantage of a child as a prostitute; Threatening or using violence towards a child to engage him/her as a prostitute or participant in indecent shows; Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution. 2) Those other persons who commit acts stated in Article III of Republic Act No. 7610 shall be penalized accordingly, as prescribed in the same law. Section 6. Obscene Publications and Indecent Shows. - Any person who shall hire, employ, use, persuade or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, pose or model in obscene publications or pornographic materials shall suffer the penalty as prescribed in R.A. 7610, clearly stated in Section 5 of this code. Section 7. Sanctions for Establishments which Promote, Facilitate or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Other Indecent Shows. - All establishments or enterprises which promote or facilitate child prostitutions, indecent shows and other similar shows, and other acts of abuse shall be immediately closed and their authority or license to operate shall be cancelled without prejudice to the owner or manager thereof being prosecuted under this code. Section 8. Child Trafficking. - Any person who shall engage in trading and dealing with children including, but not limited to the act of buying and selling of a child for money, or for any other consideration, shall suffer the penalty in Article IV of R.A 7160 as amended under R.A. 9802 which provides that: "Any person who shall engage in trading and dealing with children including, but not limited to the act of buying and selling of a child for money, or for any other consideration, shall suffer the penalty of reclusion temporal" to "reclusion perpetua" (as clearly defined in Section 5 of this Code.) which penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age." Section 9. Attempt to Commit Child Trafficking. - There is an attempt to commit child trafficking under the following circumstances: When a child below 15 years old travels alone to or from Pagadian City without valid reason, without any clearance issued by the Pagadian City Special Committee for Children's Concern and Welfare, or written permit of justification from child's parents or legal guardians; When pregnant mother, father or guardian executes an affidavit of consent for adoption or in any manner causes the registration of the birth of such child in the name of another for the purpose of child trafficking; When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of children trafficking; When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; When a person engages in the act of looking for children among low-income families, or in hospitals, clinics, nurseries, day-care centers or other child caring institutions, who can be offered for child trafficking; or When any person, authority, agency or institution has witnessed and yet failed to report transactions related to child trafficking. A penalty prescribed in Article IV of Republic Act No. 7610 shall be imposed upon the principals of the attempt to commit child trafficking under this code; in addition, a one-month community service shall be imposed for the commission and omission of acts under Section 4 and such service shall be defined by the Social Committee of the City Development Council. Section 10. Other Act and/or Conditions Prejudicial to the Child's Development. - It shall be unlawful for any person to sell or make use of children to sell/deliver liquor, cigarette, illegal drugs and other items detrimental to the development of the child. Section 11. Control on Children's Exposure to Commercial Video Games. - Commercial establishment catering rental of electronic video games to children during school days from 7:00 o'clock in the morning to 5:00 o'clock in the afternoon shall be subjected to suspension of business permit for fifteen (15) days during the first offense and, one (1) month suspension of the same for the second offense, and confiscation of all video units of said establishments and cancellation of business permit shall constitute the penalty for the third offense. Section 12. Children Involved in Anti-Social Related Activities. - Children who are involved in anti-social related activities shall be registered in a rehabilitation program that shall assist the children to rebuild themselves and reintegrate in the mainstream of society. Section 13. Monitoring Suspended Cases of Children and Appropriate Assistance. - Application for suspension of sentences of a child involved in anti-social activities shall be done by the Pagadian City Special Committee for Children's Concerns. A special team from such office shall monitor closely the cases involving children in court to adequately enforce the suspension. Appropriate and responsive rehabilitation program shall be afforded to them under the care of the Pagadian City Committee for Children's Concerns in coordination with NGOs and professionals with special interests on rehabilitation. Section 14. Appointment of Child and Youth Relations Officer and Police Procedures. - The Police Station in the City of Pagadian shall have a Child and Youth Relations Officers tasked to handle cases involving children. Child-friendly police procedures shall be implemented as contained in the Police Handbook on the Management of Cases of Children in Especially Difficult Circumstances. The PNP element shall be provided a copy of the said handbook. Section 15. Special Course for PNP Members. - A special course for members of the Philippine National Police shall be designed to handle effectively the children involved in anti-special activities. All police officers shall take up the course especially those who are interested to be assigned with the Child and Youth Relations Section (CYRO) and other CYRO Officers in each PNP detachment. The course shall be designed and provided by the Pagadian City Special Committee for Children's Concerns in close coordination with the PNP Child Protection Team per police manual and, NGOs and professional organization focused on Child and Youth programs. Section 16. Police Brutality. - Any brutality committed against children by police authorities shall be subjected to penalty under this Ordinance as determined by the local People's Law Enforcement Board without prejudice to the provisions of the Revised Penal Code. Section 17. Employment of Children. - Children as defined in this code shall not be employed; Provided, that: The minimum requirement as stated in Section 12 of Republic Act No. 7610 shall be present; and The employer shall register the child to the Pagadian City Special Committee for Children's Concerns for the child to enjoy benefits and special protection as may be provided for by the said special committee tasked to formulate rules and regulations. The Pagadian City Special Committee for Children's Concern shall promulgate rules and regulations necessary for the effective implementation of this section. Section 17A. Prohibition on the Employment of Children in Certain Advertisements. - No person shall employ a child to model in all form of commercial advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, junk food and violence. Section 17B. Penalties. - Any person who shall violate any provision of this Article shall suffer the penalty as prescribed in Section 16 of Republic Act No. 7610, as follows: Any person who shall violate any provision of this article shall suffer the penalty of a fine not less than One Thousand (P1,000.00) Pesos, but not more than Ten Thousand (P10,000.00) Pesos or imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion of the court: Provided, that, in case of repeated violations, the offender's license shall be revoked." Section 18. Specialized Team of Educators for Moro and Indigenous People's Children. - In addition to the rights granted to indigenous and Moro children under RA No. 7610 and other existing laws, educators and specialized teams shall be established to look into the appropriateness of the curriculum for the indigenous and Moro children in the different barangays of the City of Pagadian and to design training for teachers assigned in their communities which shall also be recognized, respected and represented in the council. Section 18A. Creation of Moro and Indigenous People's Council. - A council for Moro and Indigenous People in the City of Pagadian shall be created to facilitate planning, decision making, implementation, and evaluation of all government programs affecting children of indigenous and Moro peoples. NGO's focused on these communities shall also be recognized, respected and represented in the Council. Section 19. Children as Social Indicators of Local Condition. - Children are hereby declared as social indicators of local condition. It shall be the responsibility of the Local Government of Pagadian City and all other sectors concerned to resolve armed conflicts in order to idealize the UN Convention and to ensure respect for rules of international humanitarian law applicable to the Philippines political armed-conflict, which are relevant to the child. The following policies shall be observed. Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment; Children shall not be recruited to become members of the Armed Force of the Philippines or its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, or couriers, or spies; Delivery of basic social services such as education, primary health and emergency relief services shall be kept unhampered; The safety and protection of those who provide services, including those involved in fact-finding missions from both government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the performance of their work; Public infrastructure, such as schools, hospital and rural health units shall not be utilized for military purposes such as command post, barracks, detachment, and supply depots; and All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict. Section 19A. Evacuation of Children During Disaster. - Children shall be given priority during evacuation as a result of armed conflict. Existing people's organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being. Section 19B. Family Life and Temporary Shelter. - Whenever possible, members of the same family shall be housed in the same premises and given separate accommodations from other evacuees and provided with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mother and children shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoor games. Section 19C. Children and Family Psycho-Social Program. - It is important for the children and their families that they shall be part of a psychosocial program. The Pagadian City Special Committee for Children's Concerns shall design a comprehensive psychosocial program for both children and their families affected by the armed conflict and all forms of disaster. Section 19D. Rights of Children Arrested for Reasons Related to Armed Conflict. - Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights: Separate detention from adults except where families are accommodated as family rights; Immediate free legal assistance; Immediate notice of such arrest to the parents or guardian of the child; and Release of the child upon recognition within twenty-four (24) hours and indorse to the custody of the Pagadian City Special Committee for Children's Concern or any responsible member of the community as determined by the court. If after hearing the evidence in the proper proceedings, the should the court find that the aforesaid child has committed the acts charged against him/her, the court shall determine what penalty to impose including any civil liability chargeable against him/her; however, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such child to the custody/care of the Pagadian City Special Committee for Children's Concerns, or to any training institution operated by the government, or duly licensed agencies or any responsible person. The Court shall only make its final decision based on the reports and recommendations submitted by the agencies or committee concerned. Section 19E. Monitoring and Reporting of Children in Situations of Armed Conflict. - The Chairperson or any designated official of the barangay affected by the armed conflict shall submit the names of children residing in the said barangay to the City Social Welfare and Development Officer within twenty-four (24) hours from the occurrence of the armed conflict. Section 20. Selective Ban on Benefit Dance in the Barangays. - Barangay level fund raising activities shall not include "benefit dance" as defined in this Ordinance. Culturally relevant activities shall be promoted instead of promoting young women as commodities during benefit dance. Sanction shall be set by the City Court accordingly for the violation of this provision. Section 21. Curfew on Minors. - For the protection of children below 18 years of age, they shall be prohibited from loitering around or sleeping in public places after 10 o'clock in the evening until 4 o'clock in the morning of the following day, unless they are in the company of their parents or guardians. A penalty equivalent to a whole day seminar on duties and responsibilities of children and parents/guardian shall be penalized for four (4) hours community service on the second offense and thereafter an additional of two (2) hours for every offense committed. ARTICLE III - SURVIVAL AND DEVELOPMENT RIGHTS OF CHILDREN Section 22. Under Five Program Framework. - The City Government of Pagadian shall ensure to the maximum extent possible, the survival and development of the child. The program on survival and development shall include the following. Monitoring of registration of births and the completion of the immunization series for prevention of tuberculosis, diphtheria, pertussis, tetanus, measles, poliomyelitis, Hepatitis B and such other diseases for which vaccines have been developed for administration to children up to five (5) years of age; Growth and nutritional monitoring with nutritional feeding and supervision of nutritional intake at home; c. Care for children of working parents during the day and, where feasible, care for children up to (5) years of age when parents are working at night; Provided, that the day care center need not take care of the children in a particular place, but shall develop network of homes where adults may take care of the children up to (5) years of age of working parents during work hours, with adequate supervision from the Supervising Social Welfare Officer of Pagadian City Special Committee for Children's Concerns; provided, further, that, where young children are left to the care of a paid domestic, an elderly relative or older children without adequate and competent adult supervision, the Supervising Social Welfare Officer shall provide such training, until the children's care meet adequate standards whereby the children under their care will develop normally as healthy, happy and loved children, even in the absence of their parents during working hours; d. Materials and network of surrogate parents-teachers who will provide intellectual and mental stimulation to the children, as well as supervised wholesome recreation, with a balanced program of supervised play, mental stimulation activities and group activities with peers; A Reproductive Health Care Center for pregnant mothers for prenatal and neonatal care and, in the proper case, for delivery of the infant under conditions which will remove or minimize risk to mother and child; Provided, that high-risks mothers shall be referred to the proper tertiary or secondary care service personnel and children who are at risk from condition or illness will be brought for care; Provided further; that hilots and barangay health workers are provided the needed basic training for normal delivery and are trained to recognize high-risk pregnancies which should be referred to competent obstetrical and pediatric medical care for mother and child who are at risk; A barangay level network of assistance from among the adults of the barangay of the total development and protection of children; Unstructured combined with structured learning exercises for children under the early childhood education shall be instituted in the children centers, or day care centers ensuring the participation right of the child; A pool of trained day care or child development workers with an upgraded salary scheme commensurate to the tasks assigned. Section 22A. Early Childhood Care and Development (ECCD) Program. - The City Government of Pagadian shall initiate for the care of 0-5 year old children through the Early Childhood Care and Development and that supervision of 0-5 year old is a daily 8-hours programme, and if needed, shall be initiated every day. Section 22B. Population-Based Day Care Center Setting Up. - The day care centers shall be set up in every barangay. Number of such centers shall depend on the population of the children and how depressed the barangay is, as determined by the Pagadian City Special Committee for Children's Concerns in coordination with CSWDO. Parents Program shall form part of this early childhood education. Section 22C. Promotion of Primary Health Care Program. - The Barangay Health Centers shall implement the primary health program. Each barangay health center shall have a Barangay Child Health Officer tasked to monitor child health in the barangay level with a salary commensurate to the task assigned. To further ensure the implementation of Art. III Section 1C of this Code, the City Government of Pagadian, in particular shall take appropriate measures, as follows: C1. To combat disease and malnutrition within the framework of primary health care, through the application of readily available technology and through the provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and risk of environmental pollution; C2. To establish a comprehensive Parents Training Development Program which include courses on reproductive health, child and child rearing practices in the context of the Filipino psychology; C3. To monitor the full implementation of the Milk Code of the Philippines and advocate for the prosecution of milk firms which violate the code. C4. To conduct massive information and education on breast-feeding, and utilizing existing reference materials for effective breast-feeding education program. Students in all levels are required to take up breast-feeding education that shall be an integral part of all curricula. Implementing guidelines for this ordinance shall be formulated by the Pagadian City Special Committee for Children's Concerns in close coordination with the Office of the Civil Registrar. ARTICLE IV - PARTICIPATION RIGHTS OF CHILDREN Section 31. Participation of Children in Decision-Making Process. - The children in the family, school, community or other organization or institution shall be heard. Each child, regardless of age, sex and tribe has the right to express his/her opinion freely and to have that opinion taken into account in any matter or procedure affecting the child. It shall be the responsibility of the adults to provide opportunities for children to express his or her views, obtain information, make ideas or information known. Section 32. Installation of Mechanism of Participation in Policy And Program Formulation in the Local Government. - It is important to consult the children and provide venue for their expression of views relevant to Pagadian City Government Policies. It is therefore proper that children from the age of seven to twelve (7-12) years old and the thirteen to below eighteen (2013-18) years old are convened through their representatives in a once-a-year basis, specifically during the children's month, every October. NGO's concerned with these groups of children shall be part of the process in both preparation and evaluation of the convention. Implementing guidelines shall be drafted by the Sangguniang Kabataan Secretariat in coordination with the Pagadian City Special Committee for Children's Concerns. ARTICLE V - IMPLEMENTING MECHANISM Section 33. Creation of the Special Committee for Children's Concerns. - This code hereby creates this Special Committee which shall be composed of representatives coming from different government agencies; however, this body is mandated to regularly report and coordinate with the PCCWC re: its plans of action, activities and other related concerns. Section 34. Composition. - a. City Planning and Development Office (CPDO) b. City Health Office (CHO) c. Department of Education, City Division d. City Social Welfare and Development Office (CSWDO) e. City Budget Office f. City Local Government Operation Office (CLGOO-DILG) Philippine Information Agency (PIA) Department of Labor and Employment (DOLE) PNP Women's Desk Public Attorney's Office (PAO) Bureau of Jail Management and Penology (BJMP) Pagadian City City Agriculture Office City Veterinarian City Civil Registrar Representative from the following sectors may also be invited: Sangguniang Kabataan Federation President Liga President People's Law Enforcement Board (PLEB) NGO's dealing with women and children's Concerns Section 34A. Objectives of the Pagadian City Special Community for Children's Concern. - The Pagadian City Special Committee for Children's Concerns is hereby created to reinforce the capacity of the City Social Welfare and Development Office in realizing the provisions of this Code. It shall act as an advisory body for the operations of all existing programs and projects designed for children, which formulated regulations must be submitted to the Sangguniang Panlungsod for appropriate legislative support. More specifically, the Pagadian City Special Committee for Children's Concerns shall have the following objectives: Promote the implementation of the provisions of the UN Convention of the Right of the Child; Educate the stakeholders and the members of the Pagadian City Community of the Convention of the Rights of the Child; Design and implement programs to enhance the well-being of the children of Pagadian City; Ensure the proper allocation of resources for children's concerns; Protect the Rights of the Child; Monitor the implementation of this code and the respect of the UN Convention of the Rights of the Child; and Periodically assess and evaluate the plans and programs of the Special Committee, and assist in the refinement of the implementing rules and guidelines of this Code. Section 35. Components of the Pagadian City Special Committee for Children's Concerns. - The Special Committee shall have the following components to orchestrate its various programs and projects consistent with the provisions of this Code, National issuances and international covenants: a. Reception and Study Center b. Psycho-social Rehabilitation Centers for Children in Extremely Difficult Circumstances c. Children's Hospital d. Child's Rights Advocacy and Campaign e. Early Childhood Care and Development Program f. Legal Assistance Program ARTICLE VI - FINAL PROVISIONS Section 36. Rules and Regulations. - Unless otherwise provided in this Code, the City Legal Office, in coordination with the Pagadian City Special Committee for Children's Concerns shall promulgate rules and regulations for the effective implementation of this Code. Such rules and regulations shall take effect upon their publication in two (2) local newspaper of general circulations. Section 37. Appropriations. - The amount necessary to carry out the provisions of this Code is hereby authorized to be appropriated in the Annual Investment Plan, specifically, 5% of the gross income of the Local Government of the City of Pagadian and additional 1.5% from each additional fund from other sources. Section 38. Separability Clause. - If certain provisions of this Code are declared invalid or unconstitutional, the remaining provisions not affected thereby, shall continue to be in full force and effect. Section 39. Repealing Clause. - All Codes, local issuances or rules inconsistent with the provisions of this Code are hereby repealed or modified accordingly. Section 40. Effectivity Clause. - This Code shall take effect upon confirmation by the Sangguniang Panlalawigan and after publication of in least two (2) local newspapers of general circulation. Enacted and Approved by the Ninth City Council of Pagadian City during its 24th Regular Session held on January 29, 2008 at the Sangguniang Panlungsod Session Hall.