ORDINANCE NO: 2016-358 (Author: Honorable Maphilindo Q. Obaob) "AN ORDINANCE PROVIDING PROTECTION FOR CHILDREN AT RISK IN ACCORDANCE WITH ALL THE EXISTING LAWS THAT PROTECT CHILDREN AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF" WHEREAS, it is the policy of the state to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development; WHEREAS, the best interest of children shall be the paramount consideration in all actions concerning them, thus, every effort shall be exerted to promote their welfare and enhance their opportunities for a useful and happy life; WHEREAS, the increasing number of street children has resulted to the rampant commission of offenses by juvenile delinquents and accelerated the cases of teenage pregnancy; WHEREAS, pursuant to the natural right and duty of parents over the person of their unemancipated children, parental authority and responsibility shall include the caring for and rearing of children for civic consciousness and efficiency and the development of their moral, mental, and physical character and well-being; Now, therefore, the Sangguniang Panlungsod of the Pagadian City in session assembled do ordain, as it hereby ordains that: SECTION 1. Title. - This ordinance shall be known as "An Ordinance Providing Protection for Children At Risk in Accordance with all the Existing Laws that Protect Children and Providing Penalties for Violation Thereof." SECTION 2. Definition of Terms. - "Children"- refers to persons below eighteen (18) years of age and those unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition (As provided by R.A. 7610); "Conditions Prejudicial to the Child's Development"- refers to the commission by any parent or guardian of acts prejudicial to the child's development including those covered by Article 59 of PD No. 603 otherwise known as the Child and Youth Welfare Code, such as but not limited to: abandoning the child under such circumstances as to deprive him of the love, care and protection he needs; causing, abetting, or permitting the truancy of the child from the school where he is enrolled. "Truancy" as here used means absence from school without cause for more than twenty (20) school days, not necessarily consecutive; improperly exploiting the child by using him directly or indirectly, for purposes such as but not limited to begging and such other acts which are inimical to his interest and welfare; causing or encouraging the child to lead an immoral or dissolute life; permitting the child to possess, handle or carry a deadly weapon, regardless of its ownership; "Protection Services"- refers to the rescue and recovery of children at risk who are found to be wandering on the streets, public places, and other places other than their respective houses especially between the times specified in this ordinance. SECTION 3. Protection for Children. - Children are required to be in their respective homes with their parents or guardians between the hours of 10:00 in the evening until 4:00 in the morning. SECTION 4. Exemptions. - The following instances and circumstances shall be exempt from the coverage of this ordinance: Children who are outside their houses during the time specified but are accompanied by their respective parents/guardians; Children who are compelled to go outside their houses for emergency reasons during, but not limited to, the occurrence of fire, earthquake, or other disasters or calamities; The Sangguniang Panlungsod through a resolution, may temporarily suspend the implementation of this ordinance in specific barangays during the following special events: (e.1) Annual Fiesta/Araw of the barangay concerned. (e.2) Annual Fiesta/Araw of the purok concerned. SECTION 5. Procedure for the Implementation of Protection Services. - Children found outside their homes in the absence of their parents or guardians shall immediately be taken under the custody of the implementing authorities concerned, to be delivered immediately and be assessed by the CSWDO for the appropriate measures to be conducted which shall either be to: Return the children to their respective parents or guardians; Place the children in appropriate institutions if needed. SECTION 6. Exclusion. - The implementation this Ordinance shall not apply to the specific dates and/or observance of the following occasions/celebrations, to wit: Valentine's day Holy Thursday Good Friday October 31 and November 1 (All Saints Day) December 24 and 25 (Christmas Day) December 31 (New Year's Eve) January 1 (New Year's Day) City & Provincial Government Activities SECTION 7. The preceding provisions above-specified shall be applicable 24/7 when children are roaming the streets obviously without parental/ guardian's supervision and the corresponding sanctions provided in Section 7 hereof shall be meted out to parent/guardian violators. SECTION 8. Implementing Authorities- The implementation of the Protection Services shall be performed by the following; Barangay Council for the Protection of children (BCPC); Barangay Officials within their territorial jurisdictions; Pagadian City Philippine National Police (PNP) Office; Pagadian City Social Welfare and Development Office (CSWDO); City Disaster Risk Reduction and Management Office (CDRRMO). SECTION 9. Sanctions for Parents or Guardians- For the First offense, the parents or guardians concerned will receive a formal warning & undergo counseling; For the Second offense, the parents or guardians concerned may opt to voluntarily submit a deed of undertaking for them to render community service of Four (4) hours. Failure of the subject parents/guardians to do so within will warrant the filing of appropriate charges against them in pursuant to the provision of Section 10 of R.A. 7610. For the Third Offense, the parents or guardians concerned may now be sued under the provisions of Section 10, Article VI of R.A. 7610 providing for "Other Acts of Neglect, Abuse, Cruelty, or Exploitation and Other Conditions Prejudicial to the Child's Development." SECTION 10. Effectivity. - This Ordinance shall take effect immediately upon the approval of the City Mayor. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 6th Regular Session held on 9 August 2016, at the Sangguniang Panlungsod Session Hall, Pagadian City.