ORDINANCE NO: 2010-306 (Authored by: Hon. Estrella D. Arao and Hon. Arnulfo A. Garcia) "AN ORDINANCE ESTABLISHING THE COMPREHENSIVE CHILDREN'S PROTECTION AND WELFARE CODE OF PAGADIAN CITY" BE IT ORDAINED by the Honorable Sangguniang Panlungsod of Pagadian City in session assembled that: ARTICLE I GENERAL PROVISIONS Section 1. SHORT TITLE. - This code shall be known as the "Comprehensive Children's Protection and Welfare Code." Section 2. DECLARATION OF POLICY AND PRINCIPLES OF THE CITY GOVERNMENT OF PAGADIAN. - It is hereby declared as a policy of the City Government of Pagadian to develop and enhance 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 to adolescence. The City Government of Pagadian strictly imposes this policy, giving utmost priority to the programs aimed towards the achievement of the 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 times of economic severity and structural adjustments. Section 3. DEFINITION OF TERMS - The following terms as used in this Ordinance shall mean: 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. 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; 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 care 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; or Other 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 or 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. 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 this code. 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 for the Protection and Welfare of Children (CCPWC) - 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. Authorized Guardian - Adult person who has been designated by parents with written authority duly subscribed or a person duly designated by the court, or a person who has affinity/appropriate relationship to the child; Home-based Center - Center where ten (10) to thirty (30) children can be accommodated for childhood education. Day Care Center - organized and managed by the CSWDO in every barangay of the City for ECCD. Commercial Game Facilities/Paraphernalia - Games such as commercial videos games, internet cafe, videoke bars, billiards, etc.. ARTICLE II PROMOTION AND PROTECTION RIGHTS OF CHILDREN Section 1. ESTABLISHMENT 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 prostitution, indecent shows and other similar shows, and other acts of abuse shall be 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 2. CONTROL ON CHILDREN'S EXPOSURE TO COMMERCIAL VIDEO GAMES, INTERNET CAFE, VIDEOKE BARS, BILLIARDS AND OTHER FORMS OF COMMERCIAL GAMES. - Commercial establishment catering rental of commercial 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 the penalties prescribed in this Code. Section 3. PROGRAM ON CHILD ABUSE, EXPLOITATION AND DISCRIMINATION. - a. There shall be a comprehensive program to be formulated by the City Council for the Protection and Welfare of Children (PCCPWC) 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 sectors concerned within six (6) months 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 4. CHILDREN EXPLOITED IN 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 forms of sexual abuse. Section 5. ATTEMPT TO COMMIT CHILD TRAFFICKING. - There is an attempt to commit child trafficking under the following circumstances: When a 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. Section 6. OTHER ACTS 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 7. DESIGNATION OF A PNP OFFICER AS CHILD AND YOUTH RELATIONS OFFICER IN POLICE PROCEDURES. - The Police Station in the City of Pagadian shall have a Child and Youth Relations Officer 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 this handbook. Section 8. 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 (CYRS) and other CYRS 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 9. EMPLOYMENT OF CHILDREN. - Children as defined in this code shall not be employed unless they comply the following: 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 City Council for the Protection and Welfare of Children (CCPWC) with the City Legal Office shall promulgate rules and regulations necessary for the effective implementation of this section. Section 10. PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN ADVERTISEMENTS. - No person shall employ a child to model in all forms of commercial advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, junk food and violence. Section 11. 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 Forces 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; and All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict. Section 12. 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 13. 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 14. 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 psycho-social program for both children and their families affected by the armed conflict and all forms of disaster. Section 15. 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 The CCPWC shall see to it that the rights of the child shall be protected in accordance with the provision of RA 6758-Juvenile Delinquency Act. Section 16. MONITORING AND REPORTING OF CHILDREN IN SITUATIONS OF ARMED CONFLICT. - The Punong Barangay 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 Office within twenty-four (24) hours from the occurrence of the armed conflict. Section 17. SELECTIVE BAN ON BENEFIT DANCE IN THE BARANGAYS. - Barangay level fund raising activities shall not include "benefit dance" as defined in this Ordinance. Section 18. 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 11 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 authorized guardians. ARTICLE III SURVIVAL AND DEVELOPMENT RIGHTS OF CHILDREN Section 1. 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 (Home based ECCD) 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 Office of the City Social Welfare and Development Officer (CSWDO) of Pagadian City; 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, CSWDO 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 shall be established for pregnant women for prenatal and neonatal care and, in the proper care for delivery of the infant under conditions which will remove or minimize risk to mother and child; Provided, that high-risks mothers and children shall be referred to the proper tertiary or secondary care service personnel; Provided further, that women's health team are given the needed basic training 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 for the total development and protection of children; Unstructured (free play) 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 2. 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 6-hour programme, and if needed, shall be initiated every day. Section 3. ESTABLISHMENT OF HOME/CENTER-BASED DAY CARE. - Day care centers shall be set up in every barangay. Number of such centers shall depend on the population of the children, as determined by the CCPWC in coordination with the CSWDO. Parents Program shall form part of this early childhood education. Section 4. PROMOTION OF PRIMARY HEALTH CARE PROGRAM. - The Barangay shall implement the primary health program. Each barangay shall have a Barangay Child Health Officer tasked to monitor child health. (The Sangguniang barangay Committee on Health shall take charge of implementing 4.a and 4.b while the Sangguniang Barangay Committee on Education shall take charge of implementing 4.c and 4.d in coordination with the City Health Office.) To further ensure the implementation of Art. III Section 4 of this Code, the City Government of Pagadian, in particular shall take appropriate measures, as follows: 4.a. 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; 4.b. To monitor the full implementation of the Milk Code of the Philippines and advocate for the prosecution of milk firms which violate the code. 4.c. 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; 4.d. 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. Section 5. CHILD HEALTH TRAINING COURSES. - All health practitioners in government, NGOs or private institutions dealing with child health shall be required to undergo a Child Health Training Course, who shall keep updated on the course(s) as designed by the City Health Office. Section 6. CHILD-FRIENDLY HOSPITAL IN PAGADIAN CITY. - All hospitals in Pagadian City shall set-up child-friendly units to include rooming-in facilities and pediatric-appropriate mechanisms and gadgets. Section 7. SURVEY AN ACTIVE PROGRAMME FOR DIFFERENTLY-ABLED CHILDREN. - The City Government of Pagadian shall make a periodic comprehensive survey on the differently-abled individuals of the City, which should be child-focused and specific. It is basic to achieve a more systematic coordination of services (health, nutrition and education) for children with special needs. Section 8. INVESTMENT IN EDUCATION AND HEALTH PROFESSIONAL TRAINING PROGRAMME FOR DIFFERENTLY-ABLED CHILDREN. - Training Program for educators and health professionals handling differently-abled children shall be the priority of the local government of Pagadian City. Section 9. BARANGAY-LEVEL RECREATION AND CULTURAL FACILITIES AND PROGRAM. - A barangay-level program for the revival of indigenous games reflective of the cultural diversity in Pagadian City shall be installed. The City Government of Pagadian shall allocate space for recreation and provide recreational facilities appropriate for children. Section 10. LOCAL CHILDREN'S LITERATURE. - In support to the socio-cultural development of children, the City Government of Pagadian shall invest in the production of local literature for children or other relevant materials. The City Division of Schools, Department of Education shall take charge for the enforcement of this Section. ARTICLE IV PARTICIPATION RIGHTS OF CHILDREN Section 1. 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 2. 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 these children are convened through their representatives on a once-a-year basis, specifically during the children's month, every October. NGO's concerned with these group of children shall be part of the process in both preparation and evaluation of the convention. The children shall be represented in the Barangay Council for the Protection of Children (BCPC) as well as in the City Council for the Protection and Welfare of Children (CCPWC) or any association that represents school organizations. ARTICLE V IMPLEMENTING MECHANISM Section 1. THE CITY COUNCIL FOR THE PROTECTION AND WELFARE OF CHILDREN (CCPWC). - There shall be created a council with its purpose and composition. There shall be a council to be created in the City of Pagadian which shall be known as the City Council for the Protection and Welfare of Children (CCPWC). The Council shall be created for the primary purpose of implementing the provisions of this Code. Specifically, the Council shall perform the following functions: Formulate the City Plan of Action for children, incorporating programs, projects and activities needing assistance by the barangays, and ensure its integration into the City Comprehensive Development Plan; Monitor and evaluate the implementation of the City and Barangay Plans for the Protection and Welfare of Children; Promptly address issues and concerns affecting children and youth; Advocate passage of relevant child and youth protection ordinances; Advocate increased support and resource allocation for children's programs, projects and activities; Provide technical assistance to community-based frontline workers through the conduct of capability-building and human resource development activities; Prepare contingency measures to protect children and their families from natural and man-made disasters; and Approve the selection of pilot and expansion barangays for Barangay Council Welfare of Children (BCWC). The City Council for the Protection and Welfare of Children (CCPWC) shall be composed of the following: Chair : City Mayor Co-Chair : Sangguniang Panlungsod Chair Committee on Family and Women Coordinator/ Action Officer : City Social Welfare and Development Officer Members : City Local Government Operations Officer City Health Office (CHO) City Planning and Development Coordinator City Budget Officer City Treasurer City Civil Registrar City Legal Officer City Accountant City Population Officer City Nutrition Officer Division Superintendent/District Supervisor DepEd Department of Labor & Employment Prov'l Officer Chief of Police, City PNP President, Liga ng mga Barangay President SK Federation President, Federation of City Parent-Teacher Association Three (3) children representatives (to be chosen by their organization/s) NGOs/POs Masidlakon Child Care Center Kalambuan Project-Christian Children's Fund(CCF) Hangop Kabataan Rotary Club of Pagadian Rotary Club of Pagadian West Medical Society-Zambo Sur and Pagadian City Philippine Nurses Association (PNA) Philippine National Red Cross(Pagadian City Chapter) Provincial Federation of Press Club of the Philippines (PFPCP) Inner Wheel Club of Pagadian Inner Wheel Club of Pagadian West Brotherhood of Christian Businessmen and Professionals (BCBP) PAGKAKA-Santiago (Muslim Organization) Section 2. SECRETARIAT. - Creation, Functions and Composition. A secretariat under the City Council for the Protection and Welfare of Children (CCPWC) is hereby created. Functions: Keep records of proceedings of the Council and document its program and activities; Send notices of meetings; and Perform such other functions as may be necessary to help strengthen the Council. Composition: Head : A Senior Official of the CSWDO Asst. Head : A Senior Official of the City Development Office/DILG Members : A Senior Official of the CPDO A Senior Official of the CHO Section 3. CREATION OF A TECHNICAL WORKING GROUP (TWG). A Technical Working Group (TWG) under the City Council for the Protection and Welfare of Children (CCPWC) is hereby created. a) Functions: Provide technical and administrative support to the City Council for the Protection and Welfare of Children; and Monitor implementation of plans and programs geared towards addressing children's rights and development. b) Composition: Chair : City Planning and Development Coordinator Co-Chair : City Schools Division Superintendent City Social Welfare Officer President, Liga ng mga Barangay President, SK Federation City Budget Officer City Treasurer City NGO or PO working on child protection welfare and development Section 4. CREATION OF THE BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN (BCPC) IN ALL OF THE BARANGAYS IN PAGADIAN CITY. - The Barangay Council for the Protection of Children (BCPC) shall be created in each of the barangays in Pagadian City. Functions. - The BCPC shall have the following functions: Foster the education of every child in the barangay; Encourage the proper performance of the duties of parents and provide learning opportunities on the adequate rearing of children and positive parent-child relationship; Protect and assist abandon, maltreated and abused children and monitor cases filed against child abusers and report the same; Protect working children from abuse and exploitation; Take steps to prevent juvenile delinquency and assist parents and children with behavioral problems so that they can get expert advice; Adopt measures for the health and nutrition status of children; Promote the opening and maintenance of playground and day care centers and other services that are necessary for child and youth welfare; Coordinate the activities of organizations devoted for the welfare of children and secure their cooperation; Assist parents whenever necessary, insure expert guidance counseling from the proper government or private welfare agencies; Advocate the passage of barangay, city and provincial ordinances in response to child-related issues and concerns; Recommend necessary barangay ordinances and resolutions consistent with the law or city ordinances to ensure proper development and welfare of children in the barangay, in consultation with representatives of national agencies concerned with child and youth welfare; and Prepare barangay plans of action for children, which address the needs of children in the community and ensure their integration into the barangay development plan and implementation by the barangay. b. Composition. - the BCPC shall be composed of the following: Chairman : Punong Barangay Co-Chairman : SK Chairman Members : Public and/or Private School Principal/Head Teacher Barangay Health Worker (BHW) Day Care Center Worker (DCW) Barangay Nutrition Scholars (BNS) Barangay Service Point Officer (BSPO) Nurse/Midwife Human Rights Advocate A child advocate whose ages ranges from 9 - 14, duly nominated by the Barangay Council and appointed by the Punong Barangay A representative from each of the NGOs operating in the barangay An active member of each of the People's Organization in the barangay ARTICLE VI PENALTIES Section 1. COMMERCIAL ESTABLISHMENT FOR VIDEO GAMES, INTERNET CAFE, VIDEOKE BARS, BILLIARDS AND OTHER FORMS OF COMMERCIAL GAMES. - 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 commercial game facilities/paraphernalia, cancellation of business permit and closure shall constitute the penalty for the third offense. Section 2. CHILDREN INVOLVED IN ANTI-SOCIAL RELATED ACTIVITIES. - Children who are found to have been involved in the anti-social related activities shall undergo a diversion or rehabilitation program that shall assist the children to rebuild themselves and reintegrate in the mainstream of society. Section 3. - Unless otherwise provided and/or specified in any Article and/or Section of this Ordinance, any violation thereof shall be penalized as follows: For the First Offense, a fine of One Thousand (P1,000.00) Pesos, or imprisonment of one (1) month; For the Second Offense, a fine of Two Thousand (P2,000.00) Pesos, or imprisonment of six (6) months; For the Third Offense, a fine of Five Thousand (P5,000.00) Pesos, or imprisonment of one (1) year or both; In the case of commercial establishment, violation thereof shall be as follows in addition to the penalties mentioned above: First Offense - Written warning; Second Offense - Suspension for Two (2) Months Third Offense - Closure ARTICLE VII FINAL PROVISIONS Section 1. IMPLEMENTING RULES AND REGULATIONS. - The City Legal Office, in coordination with the Technical Working Group (TWG) of the CCPWC shall formulate the Implementing Rules and Regulations (IRR) of this Code. Such rules and regulations shall take effect upon their publication in two (2) local newspaper of general circulation. Section 2. 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 3. SEPARABILITY CLAUSE. - If certain provisions of this Code are declared invalid or unconstitutional, the remaining provisions shall not be affected and thereby, shall continue to be in full force and effect. Section 4. REPEALING CLAUSE. - All Codes, local issuances or rules inconsistent with the provisions of this Code are hereby repealed or modified accordingly. Section 5. EFFECTIVITY CLAUSE. - This Code shall take effect upon confirmation by the Sangguniang Panlalawigan and after publication in at least two (2) local newspapers of general circulation. ENACTED AND APPROVED by the 9th City Council of Pagadian City during its 117th Regular Session held on February 23, 2010 at the Sangguniang Panlungsod Session Hall.