CITY ORDINANCE NO. 2025-600
Sponsored by: Hon. Priscilla M. Fernandez
"AN ORDINANCE PROMULGATING THE CHILDREN'S CODE OF PAGADIAN CITY"
CHAPTER I
Title, Policy, Principles, and Definition of Terms
ARTICLE 1
Title, Policy, and Principles
Section 1. Title. - This Ordinance shall be known and cited as "The Children's Code of Pagadian City."
Section 2. Policies and Principles. - This Ordinance is based on the following policies and principles as herein stipulated, to wit:
2.a. It adheres to the general principles provided for in the 1987 Constitution which lays out in broad strokes the State's responsibility to the rights and welfare of children in favor of their development, and as such, the Local Government of Pagadian City shall give utmost priority for its local execution in terms of programs and projects for that purpose;
2.b. It recognizes the primary role of parents or legal guardians in child-rearing, and as such, the Local Government of Pagadian City shall only provide assistance to the development of children in cases where it is not possible for the parents and legal guardians to rear their children.
2.c. It adheres to the general framework of the 1989 UN Convention on the Rights of the Child which provides, among others, four general principles as follows:
2.c.1 All actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration;
2.c.2 State parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given weight in accordance with the age of maturity of the child;
2.c.3 The third principle is that of the survival and development of the child. "Survival" is an amplification of the right to life. The term "development" relates to the individual child and should be interpreted in broad sense. It adds a qualitative aspect to the right to life and implies that law, policy, and administrative action must look beyond the physical survival of the child to issues of cognitive, emotional, social, and cultural development; and
2.c.4 The fourth is the right of children to non-discrimination.
2.d It shall adopt the provisions of the following:
2.d.1 Republic Act (R.A.) No. 11930, otherwise known as the "Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM);"
2.d.2 Republic Act (R.A.) No. 11908, otherwise known as the "The Parent Effectiveness Service Program Act;"
2.d.3 Republic Act (R.A.) No. 11862, otherwise known as the "Expanded Anti-Trafficking in Persons Act;"
2.d.4 Republic Act (R.A.) No. 11767, otherwise known as the "Foundling Recognition and Protection Act;"
2.d.5 Republic Act (R.A.) No. 11650, otherwise known as the "Instituting a Policy of Inclusion and Services for Learners with Disabilities in Support of Inclusive Education Act;"
2.d.6 Republic Act (R.A.) No. 11648, otherwise known as the "Stronger Protection Against Grave and Sexual Abuse;"
2.d.7 Republic Act (R.A.) No. 11642, otherwise known as the "Domestic Administrative Adoption and Alternative Child Care Act;"
2.d.8 Republic Act (R.A.) No. 11596, otherwise known as the "Anti-Child Marriage Law;"
2.d.9 Republic Act (R.A.) No. 11510, otherwise known as the "Alternative Learning System Act;"
2.d.10 Republic Act (R.A.) No. 11313, otherwise known as the "Safe Spaces Act;"
2.d.11 Republic Act (R.A.) No. 11229, otherwise known as the "Child Safety in Motor Vehicles Act;"
2.d.12 Republic Act (R.A.) No. 9231, otherwise known as the "Special Protection of Children against Abuse, Exploitation, and Discrimination Act;"
2.d.13 R.A. No. 10410, otherwise known as the "Early Years Act (EYA) of 2013;"
2.d.14 R.A. No. 10821, otherwise known as the "Children's Emergency Relief and Protection Act;"
2.d.15 R.A. No. 11036, otherwise known as the "Mental Health Act;" and
2.d.16 R.A. No. 11037, otherwise known as the "Masustansyang Pagkain para sa Batang Pilipino Act."
ARTICLE 2
Definition of Terms
Section 3. Definition of Terms . - As used in this Code, the following words, terms and/or phrases shall be construed to mean, as follows:
(A) "Children" refers to persons below eighteen (18) years of age or persons over eighteen years of age but are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation, and discrimination because of physical or mental disability or infirmity;
(B) "Survival Rights" refers to the rights of the children to demand from the state, their parents or legal guardians for adequate living standard, access to basic health services and social security;
(C) "Developmental Rights" pertain to the access of the child to educational opportunities, relevant information, play, leisure, cultural activities and the right to freedom of thought, conscience, and religion;
(D) "Protection Rights" are those rights of children to be protected against all forms of child abuse, exploitation, and discrimination in situations where the children are considered in extremely difficult circumstance;
(E) "Participation Rights" are those rights the children assert as described in the 1989 UN Convention for the Rights of Children which says that the children have the freedom to express themselves on matters affecting his or her life.
(F) "Child Abuse" refers to the abuse or maltreatment of the child, whether habitual or not, which includes:
(1) Psychological, physical, and sexual abuse, neglect, cruelty, and emotional maltreatment;
(2) Any act, in words or in deed, which debases, degrades, or demeans the intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his or her basic needs of survival such as food, clothing, and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his or her growth and development, permanent incapability, or death.
(G) Circumstances which gravely threaten or endanger the survival and normal development of children which include, but are not limited to, the following:
Being in a community where there is armed conflict or being affected by armed conflict-related activities;
(2) Working under conditions hazardous to life and morals which unduly interfere with their normal development or working without provisions for their education;
(3) Living in or fending for themselves in the streets without the care of parents or guardians or any adult supervision needed for their welfare;
(4) Being a member of an indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and lacks or has inadequate access to basic services needed for a normal quality of life;
(5) Being with family members or guardians having psychological problems grave enough for them to commit incest, siblings, lascivious acts, and other forms of physical and mental abuse;
(6) Being a victim of man-made or natural disaster or calamity;
(7) Being a victim of an illegal transnational union or child trafficking;
(8) Recruitment of children in the Armed Forces of the Philippines, its civilian units, or other armed groups;
(9) Circumstances analogous to those above stated circumstances that endanger the life, safety or normal development of children.
(H) Comprehensive Children's Support System against Child Abuse, Exploitation and Discrimination refers to the coordinated program of services and facilities to protect the children against:
(1) Child prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Exploitation;
(5) Other acts of abuse;
(6) Circumstances which gravely threaten or endanger the survival and normal development of children as prescribed in the 1989 UN Convention of the Rights of the Child.
(I) 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.
(J) The City Social Welfare Development Office (CSWDO) is the Secretariat of the Pagadian City Local Council for the Protection of Children (LCPLC), the body which shall act as the overall coordinating body for the execution of the programs and projects under this ordinance.
(K) Junk Foods are foodstuffs which are processed with artificial flavors, coloring, and preservatives which have been found to contain carcinogenic elements harmful for the body or those sold beyond their expiry periods;
(L) Anti-Social Related Activities are those acts against property, chastity, and persons which include, but are not limited to, the following:
(1) Petty crimes such as snatching, shoplifting, misrepresentations;
(2) Using and pushing prohibited drugs;
(3) Selling or distribution of lewd/obscene reading materials;
(4) Pimping for young and adult prostitutes, sexual perversions and doing or participating in obscene shows;
(5) Gambling of any form;
(6) All other circumstances as defined in the existing laws.
CHAPTER II
Survival And Development Rights Of Children
ARTICLE 1
Survival And Development Rights Of Children
Section 1. The development and survival of children are determined by both external and internal factors so that it is the shared responsibility of the parents, siblings, and relatives, which shall be known as the internal factor, and the State, civil society, and community, which shall be known as the external factor, to provide the necessary environment, support, assistance, and other initiatives for the children to become responsive and productive members of the society.
Section 2. The Pagadian City Government shall ensure, to the maximum extent possible, the survival and development of the child by providing facilities, programs, and projects for the said purpose and at the same time facilitate and mobilize the civil society and the community to reinforce and strengthen the initiatives for the general welfare of the children.
CHAPTER III
Programs, Projects, and Initiatives for the Preservation
of the Rights of Children to Survival and Development
ARTICLE 1
Programs, Projects, and Initiatives for the Preservation
of the Rights of Children to Survival and Development
Section 1. The Pagadian City Government shall establish the following programs, projects, and initiatives to contribute to the survival and development of the children:
a. Maintain monitoring of registration of births and complete the immunization series for the prevention of tuberculosis, diphtheria, pertussis, tetanus, measles, poliomyelitis, and such other diseases for which vaccines have been developed for the administration to children up to six years of age.
b. Maintain growth and nutritional monitoring among children up to six (6) years of age and provide nutritional feeding and supervision of nutritional intake at home.
c. Establish a barangay-based program that will build a network of households and develop it into a functional "child-minding" mechanism where adult members are mobilized to take care of the children of working parents during the working hours. In this regard, the social welfare development officer of Pagadian City shall provide supervision, training, and seminars to adults mobilized as 'care-givers' of working parents. Furthermore, in cases where children are left to the care of paid domestic elderly relative or older children without adequate and competent adult supervision, the social welfare development officer shall provide the same supervision, training, and seminars.
d. Develop a program that will pool intellectual resources through a network of surrogate parents-teachers who will provide intellectual and mental stimulation to the children, supervised wholesome recreation with balanced program of supervised play, mental stimulation activities, and group activities with their peers.
e. Establish the CSWDO LINGAP CENTER to serve as sanctuary for the abused, neglected, or exploited children which will provide shelter to children in urgent need of protection from imminent danger, cruelty, and abuse. The center shall also conduct rescue operation of children in clear danger with law enforcement agencies when the situation merits.
f. Foster Care Parenting for Abused Children shall be implemented following the rules and regulation of the CSWDO and existing local provisions.
g. Establish a Reproductive Health Care Center for pregnant mothers for prenatal check-up, neonatal services, delivery of infant under conditions that shall prevent or minimize risk of mother and child provided that high-risk 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. The Basic Emergency Obstetric and Newborn Care (BEmONC) Team should be provided with the 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.
h. Strengthen Barangay Council for the Protection of Children (BCPC) that will ensure the protection and development of children, and lobby to the barangay council programs, projects, and initiatives that will enhance the protection and concerns of the children.
i. Institute in the children a Child Development Center (CDC) learning exercises and modules that raise awareness and respect the participation of children in decision-making processes.
j. Maintain a pool of trained and specialized child development teachers with an upgraded honorarium scheme commensurate to the tasks assigned.
Section 2. The Local Council for the Protection of Children (LCPC) shall establish a program that will cater to the needs of zero to 2-year-old children. The LCPC, City Health Office (CHO) and the CSWDO shall outline the program contents and the beneficiaries according to actual needs and economic standing. Primarily, the program shall be designed to cater to the neediest beneficiaries or the 'poorest of the poor' in Pagadian City in partnership with 4Ps implementation.
Section 3. The Pagadian City Government shall establish at least one CDC in each barangay which shall implement programs for children, including the Early Childhood Care and Development Program and other related programs the Council has assigned. The general principles upon which the CDCs are to be established shall be based on the population ratio that the Council and the CSWDO will determine.
Section 4. The promotion of primary health care program in the barangays shall give specific emphasis on monitoring the children's health. As such, a barangay child health officer shall be employed and a salary commensurate to the assigned task will be paid. The implementation of the Primary Health Care Program will give specific emphasis on children's health following these strategies:
(A) Apply readily available technology and provide adequate nutritious food and safe drinking water in connection with the health programs intended for the children.
(B) Establish a comprehensive Parent's Orientation Development Program which include courses on reproductive health, child health, and child rearing practices in the context of Filipino psychology;
(C) Monitor the full implementation of the Milk Code of the Philippines and advocate for the prosecution of milk firms that violate the code;
(D) Conduct massive information and education campaigns on breast-feeding. Whenever possible, students in all levels shall be required to take breast feeding course which shall be integrated in the curricula.
ARTICLE 2
Parenting Orientation Courses a Requirement for Marriage License
Section 5. Marriage license applicants shall be required to attend in the Parenting Orientation Courses among other requirements, prior to the issuance of marriage license by the Civil Registrar. This course becomes an integral part of existing Family Training Seminar on reproductive health in close coordination with the CHO, the Nutrition Section of the Mayor's Office, CSWDO, POPCOM, and the City Local Civil Registrar (LCR) in order to upgrade the Family Planning Seminar in cognizance of this Ordinance.
ARTICLE 3
Declaration of Child Friendly Hospital
Section 6. The Local Government of Pagadian City shall declare all hospitals here as a child friendly hospital. As such, all hospitals in this City are required to set-up child-friendly units to include rooming-in facilities and pediatric-appropriate mechanism and gadgets.
ARTICLE 4
Maternal New-Born Child Health and Nutrition (MNCH )
Section 7. Declaration of Policy. - It shall be the policy of this LGU to fully support and ensure effective implementation of the MNCHN and CSR strategy as part of its strong commitment to local health sector reform implementation. It shall support the engagement of all concerned health care facilities to form a coordinated MNCHN service delivery network, mobilize the participation of the community to be covered and served, and strengthen collaboration with other groups of stakeholders within and outside the health sector and also beyond its administrative jurisdiction.
Section 8. Definition of Terms. - For purposes of this Article, the following terms and phrases are hereby defined:
"MNCHN Core Package of Services or Integrated MNCHN Services" refers to a package of services for women, mothers, and children covering the spectrum of (1) known appropriate clinical case management services in preventing direct causes of maternal and neonatal deaths, and which are within the capacity of the health system to routinely provide; and (2) known cost-effective public health measures capable of reducing exposure to and the severity of risks for maternal and neonatal deaths that are within the capacity of the health system to routinely provide;
"MNCHN Service Delivery and Network" refers to the network of facilities and providers within the city-wide health system offering MNCHN Core Package of Services, including the communication and transportation systems supporting this network. The following health providers are part of the MNCHN Service Delivery Network:
"Community level providers" refer primarily to Barangay Health Stations (BHS) and its health staff (e.g. midwife) and volunteer health workers (e.g. barangay health workers) that typically comprise the Community Health Team or Barangay Health Team. These teams implement MNCHN Core Package of Services identified for the community level. Their functions include advocating for birth spacing and counseling on family planning services; the tracking and master listing of pregnant women; assisting pregnant women and their families in formulating a birthing plan, early detection and referral of high-risk pregnancies, and reporting maternal and infant deaths. The teams shall also facilitate discussions of relevant community health issues, particularly those affecting women and children.
Facilities both public and private with Skilled-Birth Attendants are capable of attending to uncomplicated deliveries. These shall be appropriately linked to the nearest BEMONC- or CEMONC-capable facilities.
Basic Emergency Obstetric and Newborn Care (BEmONC) - capable facilities are capable of performing the following six signal obstetric functions: parenteral administration of oxytocin in the third stage of labor; parenteral administration of loading dose of anticonvulsants; parenteral administration of initial dose of antibiotics; performance of assisted deliveries; removal of retained products of conception; and manual removal of retained placenta. These facilities are also able to provide emergency neonatal interventions, which include the minimum: newborn resuscitation; treatment of neonatal sepsis/infection; and oxygen support. It shall also be capable of providing blood transfusion services on top of its standard functions.
Comprehensive Emergency Obstetric and Newborn Care (CEmONC)-capable facilities can perform the six signal obstetric functions as in BEMONC facilities, as well as provide caesarean delivery services, blood banking and transfusion services, and other highly specialized obstetric interventions. It is also capable of providing neonatal emergency interventions, which include at the minimum, the following: newborn resuscitation; treatment of neonatal sepsis/infection; oxygen support for neonates; management of low birth weight or premature newborn; and other specialized neonatal services. Province-wide or city-wide health system refers to the default catchment area for delivering integrated MNCHN services. It is composed of public and private providers organized into systems such as Inter Local Health Zones (ILHZ) or health districts for provinces and integrated urban health systems for highly-urbanized cities. Service arrangements with other LGUs may be considered if provision and use of integrated MNCHN services across provinces, municipalities, and cities become necessary.
(5) "Service Coverage Indicators" refers to parameters which reflect coverage or utilization of services. For MNCHN Strategy, the following indicators are monitored:
(a) "Antenatal care (ANC) coverage" is an indicator of access and use of health care during pregnancy. It constitutes screening for health and socioeconomic conditions likely to increase the possibility of specific adverse pregnancy outcomes, providing therapeutic interventions known to be effective, and educating pregnant women about planning for safe birth, emergencies during pregnancy, and how to deal with them (WHO; Indicator definitions and metadata 2008);
(b) "Contraceptive Prevalence Rate (CPR)" is the proportion of married women aged 15-49 reporting current use of any method, i.e. pill, IUD, injectable, male condom, mucus/Billings/ovulation, Standard Days Method (SDM), and Lactational Amenorrhea Method (LAM);
(c) "Facility-Based Deliveries (FBD)" is the proportion of deliveries in a health facility to the total number of deliveries;
(d) "Fully Immunized Children (FLC)" is the ratio of children under 1 year of age who have been given BCG, 3 doses of DPT/Pentavalent and OPV and measles vaccine to the total number of 0-11 month-old children;
(e) "Skilled-Birth Attendant Deliveries (SBA)" is the proportion of deliveries attended by skilled health personnel to the total number of deliveries. Skilled health professionals refer exclusively to people with midwifery skills (for example, midwives, doctors, and nurses) who have been trained to proficiency in the skills necessary to manage normal deliveries and diagnose or refer obstetric complications.
(f) "Vitamin A supplementation coverage (VAS)" is the proportion of 6-59 month-old preschoolers given Vitamin A capsules twice a year.
(6) "Contraceptives" pertains to the modern methods of family planning, such as, but not limited to, pills, condoms, and injectable.
(7) "Commodity Self-Reliance" is a multi-sectoral effort which seeks to ensure the self-sufficiency in MNCHN services and commodities in its ability to sustain the provisions of affordable quality health services to eliminate unmet needs. It requires the capacity to forecast, finance, procure, and deliver MNCHN services and commodities to all men and women who need them, when they need them.
(8) "LGUS" refers to the Provincial Government and its component cities and municipalities.
(9) "Commodities" refers to the supplies to be used such as TB drugs, Vitamin A, zinc supplements, ferrous sulfate with folic acid, contraceptives, syringes and needles, STI screening supplies, and medicines.
(10) "NHTS families" refers to individuals as determined and defined by the DSWD's NHTS-PR as the poorest of the poor and priority for the distribution of MNCHN commodities.
(11) "National Household Targeting System for Poverty Reduction (NHTS-PR)" is a data management system that identifies who and where the poor are in the country. Specifically, the system aims to: formulate a unified criteria for the selection of the poorest population, facilitate the sharing of solid database for public and private social protection stakeholders; and reduce leakages (exclusion and under-coverage of poor, as well as inclusion of non-poor).
(12) "Pantawid Pamilyang Pilipino Program (4Ps)" is a poverty reduction strategy that provides grants to extremely poor households to improve their health, nutrition, and education particularly of children aged 0-14. It provides cash assistance to the poor to alleviate their needs (short-term poverty alleviation) and invests in human capital intergenerational poverty cycle.
(13) Kalusugan Pangkalahatan (KP) Universal Health Care (UHC); continuing health sector reform program which primarily aims to improve financial risk protection of the poor, upgrade and modernize health facilities, and implement key interventions to achieve health-related Millennium Development Goals.
Section 9. The City of Pagadian believes that the goal of rapidly reducing maternal and neonatal mortality shall be achieved through effective population-wide provision and use of integrated MNCHN services as appropriate to any locality in the country.
Section 10. MNCHN reforms, improvement, and changes in local health systems shall, among other results, create the following intermediate results that can significantly lower the risk of dying secondary to pregnancy and child birth: Every pregnancy is wanted, planned, and supported; Every pregnancy is adequately managed throughout its course; Every delivery is facility-based and managed by skilled birth attendants; Every mother and newborn are provided with safe, effective, affordable post-partum and post-natal services.
Section 11. The City of Pagadian likewise believes that the Commodity Self- Reliance (CSR) Strategy shall create the following supply conditions necessary to eliminate the unmet needs and ensure the availability of MNCHN packages of interventions: The phasing up of domestically provided supplies to replace those quantities of foreign-donated commodities; The increase in levels of domestic supplies of commodities made available to meet the needs of additional future users of commodities; The increase in levels of other commodities such as TB drugs, Vitamin A capsules, zinc supplements, ferrous sulfate with folic acid, syringes and needles, STI screening supplies, and medicines to meet the needs of mothers and children;
Section 12. The City of Pagadian shall institute measures towards establishing systems and mechanisms for an effective implementation of MNCHN strategy province-wide.
Section 13. The City of Pagadian encourages facility-based deliveries either public or private, attended by skilled birth professionals. Community Health Teams (CHT) shall advocate for birth spacing and counseling on responsible parenthood; refer pregnant women to facilities; track and master list pregnant women; assist pregnant women and their families in formulating a birthing plan, early detection, and referral of high-risk pregnancies; report maternal and infant deaths to the CHO; and participate in regular maternal and neonatal death review and discussions of relevant community health issues.
Section 14. The City of Pagadian recognizes the great contribution of private professional health providers and private health facilities in meeting the MNCHN needs of local communities. These professionals are part of the referral and service delivery network for MNCHN. They are likewise expected to advocate birth spacing and counseling on responsible parenthood; refer pregnant women in facilities; track and master list pregnant women; assist pregnant women and their families in formulating a birthing plan, early detection, and referral of high-risk pregnancies; report maternal and infant deaths to the CHO; and participate in regular maternal and neonatal death review and discussions of relevant community health issues.
Section 15. The City of Pagadian realizes the need to support all efforts including: public-private partnership for MNCHN towards ensuring quality in the process of generating, maintaining, and reporting of all MNCHN indicators and validity and utilization for LGU planning, financing, and policy decision making; the engagement of all concerned health care facilities and providers, both public and private, to a coordinated MNCHN service delivery network; mobilization and participation of the community to be covered and served; and strengthening connections with other groups/stakeholders within and outside the health sector and also beyond its administrative jurisdiction.
ARTICLE 5
Comprehensive Newborn Screening System in the City of Pagadian
and Enhancing the Implementation of Expanded Newborn Screening Program
Section 16. Declaration of Policy. - It is hereby declared as the policy of the City Government of Pagadian to adopt adequate measures to promote the Newborn Screening System within its jurisdiction and to ensure the right of the newborn baby to have an opportunity to undergo newborn screening and thus be spared from the heritable conditions that can lead to mental retardation and death if undetected and untreated.
Section 17. Objectives. - This Article is enacted with the following objectives:
(A) To ensure the people with proper information on the nature and benefits of Newborn Screening in the life of every newborn baby;
(B) To ensure that parents recognize the rights of every child to survival and full and healthy development as individual;
(C) To protect every newborn baby from certain heritable conditions that can result in mental retardation and death if left undetected and untreated through Newborn Screening.
Section 18. Definition of Terms. - For the purpose of this Article, the following terms shall mean:
(A) Comprehensive Newborn Screening is a newborn screening system that includes, but is not limited to education of relevant stakeholders; collection and biochemical screening of blood samples taken from newborn; tracking and confirmatory testing to ensure the accuracy of the screening results, drugs and medical/surgical management and dietary supplementation to address the heritable condition; and evaluation activities to assess long term outcome, patient compliance and quality assurance.
(B) Recall means a procedure for locating a newborn with a heritable condition for purposes of providing the newborn with appropriate laboratory to confirm the diagnosis and, as appropriate, provide treatment.
(C) Treatment means provision of prompt, appropriate and adequate medicines, medical, surgical management or dietary prescription to a newborn for the purposes of treating or mitigating the adverse health consequences of the heritable condition.
(D) Follow-up means the monitoring of a newborn with a heritable condition for the purpose of ensuring that newborn patient complies fully with the medicines and dietary prescriptions.
(E) Health institutions refer to hospitals, infirmaries, health centers, lying-in centers or puericulture center with obstetrical and pediatric services whether public or private.
(F) Health practitioners refer to physicians, nurse, midwives, nursing aides, medical technologist and attendant traditional birth
(G) Heritable conditions mean any condition that result in mental retardation, physical deformity or death if left undetected and untreated and which is usually inherited from the genes of either both biological parents of the newborn.
(H) UP Manila NIH refers to the University of the Philippines Manila National Institute of Health.
(I) Newborn means a child from the time of complete delivery to 30 days old.
(J) Newborn Screening is the process of collecting a few drops of blood from the newborn onto an appropriate collection card and performing biochemical testing for the determining if the newborn has heritable conditions.
(K) Expanded Newborn Screening means expanded screening which will include 22 more disorders from the six disorders, such as Hemoglobinopathies and additional metabolic disorders.
(L) Newborn Screening Center refers to a facility equipped with a newborn screening laboratory that complies with the standards established by the NIH and provides all required laboratory test and recall/follow up programs for newborn with heritable conditions.
(M) Newborn Screening Reference Center refers to the central facility at the NIH that defines testing and follow up protocols, maintains an external laboratory proficiency testing program, oversees the national testing database and case registries, assists in training in all aspects of the program, oversees content of educational materials, and acts as secretariat of the Advisory Committee on Newborn Screening.
(N) Parent Education refers to various means of providing parents/legal guardians information about newborn screening.
Section 19. Scope. - This Ordinance shall cover all hospitals, health infirmaries, health centers, lying-in centers or puericulture centers and pediatric services within the jurisdiction of the City of Pagadian except to private hospitals, health infirmaries, health centers, lying-in centers, puericulture centers which is directly monitored by the Department of Health.
Section 20. Performance of Newborn Screening. - Newborn Screening shall be performed immediately after 24 hours from birth but not later than due after delivery. A newborn placed in an intensive care in order to ensure survival may be exempted from the 3 days requirement but must be tested within 7 days of age. It shall be the joint responsibility of the parent(s) and the practitioner or other person delivering the newborn to ensure that Newborn Screening is performed.
Section 21. Quality Samples. - Health institutions must maintain an acceptable number of unfit and unsatisfactory samples (less than 0.05% of the total samples) to maximize the use of available resources and prevent the prolonging of screening time, thereby, putting the newborn at risk from the effects of the NBS disorders if present.
Section 22. Refusal to be Tested. - A parent or legal guardian may refuse testing on the grounds of religious beliefs, but shall acknowledge in writing their understanding that refusal for testing places their newborn at risk for undiagnosed heritable conditions. A copy of this refusal shall be made part of newborn's medical record and refusal shall indicated in the National Screening Database.
Section 23. Program Management. - The office of the City Mayor through the City Health Office headed by the City Health Officer shall be the lead office for the effective implementation of this Ordinance with the following functions:
To implement, monitor, supervise, and evaluate the newborn screening implementation in all hospitals situated within the jurisdiction of the City of Pagadian.
To establish a functional Case Management Referral System with strategically National Comprehensive Newborn Screening System Treatment Network (NCNBSS).
To create a program for purposes of information, education, communication, screening and recall on the Newborn Screening System; and
Establish rules and regulations related to the implementation of this ordinance.
Section 24. It shall be the responsibility of the City Mayor, through the City Health Officer to monitor and evaluate the implementation of the Newborn Screening System and to perform other roles and responsibilities as may deem necessary for the effective implementation of this ordinance.
Section 25. The Office of the Sangguniang Panlungsod shall enact local ordinances and resolutions integrating Newborn Screening System in the health delivery and shall encourage creative financial packages to make Newborn Screening accessible to the most economically-deprived populace. Unless otherwise provided by law, no collection of Newborn Screening Test shall be made more than the maximum standard imposed by the Department of Health.
Section 26. Birth Deliveries. - All birth deliveries within the jurisdiction of the City of Pagadian shall be required to perform newborn screening test in every newborn baby.
Section 27. Monitoring and follow up of patients confirmed to have the disorders shall be done regularly by the attending physician, appropriate subspecialist or the City Health Office. Report forms about the status of the patients shall be accomplished by the attending physicians to be submitted to the NSCS.
ARTICLE 6
Supporting the Full Implementation of the National Immunization Program (NIP)
of the Department of Health (DOH) in the City of Pagadian
Section 28. Declaration of Policy. - In accordance with Article II, Section 15 of the Constitution, it is hereby declared to be the policy of the City of Pagadian to take a proactive role in the preventive health care of infants and children. Towards this end, the City of Pagadian shall adopt a comprehensive, mandatory, and sustainable immunization program for vaccine-preventable diseases for all infants and children.
Section 29. Purpose. - This Article aims to:
a) Safeguard the health and well-being of children from all forms of vaccine-preventable diseases through the full implementation of the National Immunization Program (NIP) in all barangays;
b) Ensure that all parents, guardians, and stakeholders recognize the rights of every child to survival and full health development as an individual through full immunization.
c) Develop mechanisms for data analysis, micro-planning, systematic program implementation, and evaluation and training of health workers to ensure success of the immunization program.
Section 30. Definition of Terms. - The following terms are hereby used and defined as follows:
a) COVID 19 a deadly viral infection affecting the respiratory system, especially the lungs.
b) Diphtheria- a bacterial infection caused by Corynebacterium Diphtheria, involving the mucus membrane, usually the tonsils and pharynx.
c) Epidemic Outbreak the sudden occurrence of disease in a community where the disease is never experienced before, or when cases of the disease occur in numbers greater than expected in a defined area.
d) Epidemic-applied to a disease, affecting a large number of individuals in a community spreading widely, and attacking many persons at the same time.
e) Hepatitis B a viral infection of the liver. Acute infection either resolves or progresses or can become a chronic infection which can lead to liver cirrhosis or liver cancer.
f) Immunization the process whereby a person is made immune or resistant to an infectious disease by the administration of a vaccine to stimulate the body's immune system to protect the person against communicable infections or diseases.
g) Influenza caused by a virus, mainly affecting the respiratory tract usually lasting from 3 to 7 days, manifested by colds, mild cough, muscle pains, and body malaise.
h) Measles a viral infection characterized by cough, coryza or runny nose, and conjunctivitis, also with fever and rash, sometimes causing ear and brain infection.
i) Morbidity-the state of sickness or the rate of disease in a population
j) Mortality Rate- the proportion of death in a population
k) Mumps sometimes called infectious parotitis, a viral infection primarily affecting the salivary glands, usually affecting children 5 to 9 years old.
l) National Immunization Program (NIP) - an organizational component of the Center for Disease Control and Prevention, charged with preventing diseases in children and adults
m) Pertussis- also known as whooping cough, a highly contagious, acute bacterial disease affecting the respiratory tract.
n) Poliomyelitis- a disease of the central nervous system caused by types 1, 2, and 3 virus
o) Rubella an infection caused by a virus that can cause multiple fetal defects of Congenital Rubella Syndrome when contracted in the first trimester of pregnancy.
p) Tetanus- also known as lockjaw, caused by Clostridium Tetani Bacilli present in the soil and in the animal and human feces it is often the cause of maternal and neonatal morbidity and mortality if and when maternal protection with tetanus toxoid is low and when umbilical care practices are not followed.
q) Tuberculosis- an infection caused by mycobacterium tuberculosis, usually attacks the q lungs, but other parts of the body can also be affected including the bones, joints, brain, and pelvic organs.
r) Vaccine-a preparation used to render a person immune to some diseases by inducing or in the natural immunity mechanism. Such preparations usually contain organisms that attenuated virulence or genetically engineered of the type for which immunity is desired/
s) Vaccine-Preventable Diseases (VPD) bacterial and viral diseases that can be prevented through immunization.
Section 31. The City Government of Pagadian shall adopt and fully implement the National Immunization Program (NIP) in accordance with the guidelines of the Department of Health and other relevant laws, through the Local Government Unit owned and operated health facilities, which include the City Health Office, Barangay Health Stations, Infirmaries or Hospitals, and other health and nutrition facilities within the city.
Section 32. Immunization Coverage. - The City Government of Pagadian shall ensure that all the target children population for the immunization program shall receive recommended immunization by the Department of Health against vaccine- preventable diseases, and such other types as may be determined by the Secretary of Health in a department circular, as follows:
1. BCG-upon birth
2. Hepatitis B upon birth
3. Pentavalent Vaccine (Diphtheria, Pertussis, Influenza, Tetanus, Hepatitis B
4. Pneumonia Conjugate Vaccine
5. Oral Polio Vaccine
6. Measles, Mumps, and Rubella Vaccine (MMR)
7. Meningococcal Vaccine (MCV)-1-9 months
8. Meningococcal Vaccine (MCV)-2-12 months
9 Human Papilloma Virus (HPV)
Section 33. All infants and children shall receive the mandatory basic immunization for free at the health facilities and other designated appropriate areas for infants and children up to 5 years of age. Parental consent shall be secured prior to vaccination.
Section 34. Vaccination Card. - Every infant/child below 5 years old must have a vaccination card, containing details of the vaccines received, doses, and dates administered the adult population who receives immunization shall be given appropriate vaccination cards.
Section 35. Maintenance of database. - The Immunization Planning and Evaluation Team shall keep an updated master list of the population to ensure the sufficiency and availability of vaccines. A database of vaccination records shall be kept and updated regularly.
Section 36. Education and Information Campaign. - Local consultation shall be conducted to promote public awareness of vaccination programs to address issues and concerns that hinder vaccine acceptability. All healthcare practitioners or healthcare workers who are administering prenatal care shall educate all pregnant women on the importance giving their infants basic immunization services as well as any possible immunization effects. Appropriate information materials shall be made available for distribution a dissemination to the public.
Section 37. Any physician, nurse, & midwife, who delivers, or assists in the delivery of a newborn shall, prior to delivery, inform parents or legal guardian of the newborn of the availability, nature, and benefits of immunization against vaccine- preventable diseases at birth.
Section 38. Continuing Education and Training of Health of Health Personnel. - The City Government of Pagadian shall undertake continuing information, education, and training programs for all concerned health personnel on the rationale and benefits of as well as modern procedures for immunization of infants and children against vaccine-preventable diseases. Roll-out trainings shall be conducted on basic knowledge and skills in vaccine administration, vaccine safety, risk communication, management, and surveillance for adverse eve following immunization.
ARTICLE 7
Adolescent Health and Development Program (AHDP)
Section 39. Declaration of Policy. - It shall be the policy of Pagadian City to fully support and ensure effective implementation of the AHDP Strategy that focuses on improving health service delivery and instituting effective governance with the end goal of reducing incidence of teenage pregnancy and improving the well-being of adolescent and youth. And it shall also be the policy of Pagadian City to implement a strategy that is consistent and in congruence with the National Objectives for Health aimed primarily at promoting the total health and well-being of young people. This City shall ensure that strategies formulated integrate the following:
a) Ensure safe and nurturing environment for adolescents by protecting their rights
b) Develop the adolescent health service package and involve the youth in the development and provision of services;
c.) Address and provide reproductive health needs of the adolescents through the provision of information and education and quality health services;
d) Scale-up capacity building of adolescent-friendly health services at the local levels;
e.) Expand capability-building to include community health workers and youth volunteers such as orientation program on Adolescent and Youth Health and utilization of Adolescent Job Aid;
f.) Provide the necessary logistics and commodities for use in the Adolescent Health Program;
g.) Engage the adolescent in creative and productive activities and involve in the country and community development programs;
h.) Expand health care financing package for other essential services on adolescent health;
i.) Local stewardship for improving health outcomes for the adolescent and youth. The Pagadian City Health Office taking responsibility for sustaining and improving interventions for the adolescents, and also using the public- private partnership (PPP) approach.
ARTICLE 8
AHDP Strategic Framework
Section 40. The following are framework of action for the implementation of the AHDP strategy, with the end goal of reducing teenage pregnancy:
Component 1. Instituting Effective Health Governance. Governance refers to the assistance provided to the development of evidence-based, participatory and youth-inclusive program supported by local policy, monitoring and tracking of results, ensuring adequate resources, commodities and logistics;
Component 2: Establishing and implementing the Service Delivery Network (SDN) for AHDP. The Service Delivery Network refers to the implementation of three (3) service delivery thrusts with the support of public health service providers.
1) Provide quality health services to adolescent and youth who are currently pregnant. This covers activities that will ensure early referral and provision of quality prenatal services to pregnant teens in health facilities matched with community communication and outreach mechanisms to parents and promotion of male responsibility; post-partum counselling and family planning to prevent or delay the second or repeat pregnancy among pregnant teens;
2) Provide quality health and counseling services to adolescent and ensure early referral and provision of necessary services;
3) Conduct through school-based and community-based activities, peer education, integration of sexuality education in school subjects, and parent education for parenting adolescents to prevent risky behavior and promote healthy alternatives.
These three thrusts can be linked into a Service Delivery Network for adolescent health services in a given area that involves the health centers, hospital and schools, including possibilities of engaging the private sector institutions.
Component 3: Establishment of Teen Health Quarters (THQs) and Adoption of Adolescent Friendly Facility Standards. All barangays in Pagadian City shall have a THQ that will cater to the health, social and developmental needs of adolescents which in turn complement the services being provided by other public health facilities within the city. More so, public health facilities including health centers, lying-in Clinics, public schools, government hospitals shall adopt the adolescent friendly facility standards set upon by the Department of Health (DOH).
Component 4. Health Service Provision an AHDP plan shall be developed that defines, among others, effective delivery of health services among adolescents and youth skills upgrading and capacity building of concerned health personnel, ensure availability of Adolescent friendly facilities, including the required equipment, commodities and related logistics, including IEC materials at the facility.
Component 5. Health Promotion and Advocacy. Interventions for effective provision of information, education and communication materials available for AHDP. Ensuring the conduct of Teen Walk to Health in all Barangays & government schools as the primary demand generation strategy of the city to improve health- seeking behavior among adolescents and building capacities of teen educators in the community and schools. Celebrate Adolescent Health Day and National Youth Health Day in coordination and collaboration with institutions in order to foster a City-wide, multi-sectoral, inter-agency and community-based approach to addressing the challenges of AHDP.
Section 41. Definition of Terms. - As used in this Article, the following terms are defined:
Adolescent refers to young people between the ages of ten (10) to nineteen (19) years who are in transition from childhood to adulthood.
Public Health Care Service Provider refers to: (1) public health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, disease prevention, diagnosis, treatment and care of individuals suffering from illness, disease, injury, disability or deformity, or in need of obstetrical or other medical and nursing care; (2) public health care professional, who is a doctor of medicine, a nurse or a midwife; (3) public health worker engaged in the delivery of health care services; or (4) Barangay health worker who has undergone training programs under any accredited government and NGO and who voluntarily renders primarily health care services in the community after having been accredited to function as such by the local health board in accordance with the guidelines promulgated by the Department of Health (DOH).
Teen Educator refers to a young person aged ten (10) nineteen (19) years old trained as Teen Walk to Health facilitator and on peer education who assists the health care provider in delivering health services.
Reproductive Health (RH) refers to the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes.
Sexuality Education refers to a lifelong learning process of providing and acquiring complete accurate and relevant age and development appropriate information and education on reproductive health and sexuality through life skills education and other approaches.
Adolescent Friendly Health Faculty (AFHF) -refers to health centers, lying in clinics and City Government Infirmary that met the quality standards set by the Department of Health g. Teen Health Quarter (THQ)-refers to a City Government managed facility through the Pagadian City Health Office that provides services to address the needs of adolescent and assist them develop skills to prepare them for challenges in life.
ARTICLE 9
Inclusion and Services for Learners with Disabilities
in Support of Inclusive Education
Section 42. The City Government of Pagadian shall adopt the whole-of-community approach for the inclusion of learners with disabilities in the general education system and the community to facilitate collaborative action in and by the school community, the academe, and other stakeholders to foster the involvement and participation of every sector, especially the organizations of persons with disabilities, the learners with disabilities, and their parents, guardians, and other members of their families.
Section 43. Definition of Terms.? - As used in this Article, the following terms are defined:
(a)? Basic Education?refers to a program of instruction intended to meet the basic learning needs which provide the foundation on which subsequent learning can be based. It encompasses kindergarten, elementary and secondary education of all learners, including those with disabilities, as well as Alternative Learning Systems (ALS) as provided in Republic Act No. 11510, ad Republic Act No. 10533, or the "Enhanced Basic Education Act of 2013";
(b)? Child Development Center (CDCs)?are the day care centers established in every barangay under Republic Act No. 6972 or the "Barangay-Level Total Development and Protection of Children Act" and converted to CDCs under Republic Act No. 10410. CDCs are implementing health, nutrition, early education, and social services development programs that provide for the basic holistic needs of learners with disabilities below five (5) years old to promote their optimum growth and development, these also include national CDCs as provided in Republic Act No. 10410;
(c)? Child Find System (CFS)?refers to the system of identification, location, and evaluation of all learners with disabilities not more than twenty-four (24) years of age who are not receiving basic education services for purposes of facilitating their inclusion into the general basic education system. It likewise covers learners with disabilities below five (5) years old who are not receiving early education services and program under Republic Act No. 10410;
(d)? Inclusive Education?refers to the process of addressing and responding to the diversity of needs of all learners by moving towards the end-goal of full participation, presence and achievement in learning cultures and communities, which involves accommodation, modification, adaptation, and individualization in content, approaches, structures, and strategies. It involves equitable opportunities for learners with disabilities to receive educational services, and the needed support and related services with their age-appropriate peer groups and, as far as practicable, in such schools or ILRCs nearest their homes or residences, in order to prepare them to live as fully functional members of society;
(e)? Inclusion?refers to a process where all learners, regardless of their background and abilities, are given an equal chance to play, learn, and interact together in the same learning environment and the community. It is an approach where every learner is valued, supported, and given access to equal opportunities and learning experiences within an Inclusive Learning Resource Center, CDC or school setting, and the community;
(f)? Inclusive Learning Resource Center of Learners with Disabilities (ILRC)?refers to a physical or virtual center that provides support and related services to teaching and learning, using appropriate, accessible, disability, linguistically-culturally-, and gender-sensitive instructional learning materials, tools, devices, gadgets, and equipment to facilitate and enhance learning, and assessment tools and instruments, to evaluate developmental domains and specific areas of concern to determine appropriate services and placement decisions, with support and related services from medical, health, and allied professionals for care, rehabilitation, and development of learners with disabilities;
(g)? ILRC Personnel?refer to all personnel who are considered qualified by the Department of Education (DepEd) to administer special needs services as provided in this Act. These include, but not limited to, guidance counselors, all persons who are qualified to teach sign language or Braille, para-teachers, learning support aides, and other persons as may be qualified by the DepEd to teach learners with disabilities in he ILRC, CDC, a resource room, or inside or outside a classroom;
(h)? Individualized Education Plan (IEP)?refers to the systematic, purposive, and developmental educational programming of curricular and instructional priorities and contents designed to meet the educational requirements of a learner with disability and ensure mastery learning of skills and behaviors. It includes the services to be provided and the duration and frequency of such services, describes the learner's present level of performance, how the learner's disabilities affect academic performance, and specific accommodations and modifications. An IEP shall be designed to meet the unique educational needs of a learner with disability who shall receive appropriate services, have real opportunities for equality, and fully participate in the general education system and the community. It shall likewise aim at developing the learner's strengths and talents to achieve the greatest possible self-sufficiency and independent living;
(i)? Instructional Materials for Learners with Disabilities?refer to textbooks in Braille, large-type, audio, digital or Filipino sigh language (FSL) materials for deaf, augmentative and alternative instructional materials for learners with development disabilities, or any medium or apparatus that convey information to learners with disabilities or otherwise contributes to the learning process;
(j)? Learners with Disabilities?refers to learners in general early and basic education system who require additional support and related services and adoptive pedagogic method due to their long or short-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others to develop them to their maximum capability;
(k) Learning Support Aides?refer to qualified persons who work together in collaboration with special needs education teachers and para-teachers as defined in this Act, and contribute to the provision of services that promote achievement and progression of learners with disabilities. They may include those persons with experience in caring for learners with disabilities, graduates of a caregiving course under the Technical Educational and Skills Development Authority (TESDA) or its accredited schools or training centers, and graduates of senior high school with caregiving as his or her specialized subject;
(l)? Multidisciplinary Team?refers to a group of health and allied health professionals who, through their specialized assessment, shall provide for the overall health and well-being of learners with disabilities;
(m) Multi-year Roadmap?refers to a document that shall serve as a guide to government agencies and private stakeholders for the optimal realization of the objectives of this Act. It shall be part of and aligned with the basic education roadmap as formulated by the DepEd. It shall likewise contain the current policy, practices, gaps, and challenges affecting the early and basic education of learners with disabilities, set detailed targets and outcomes for a minimum period of five (5) years and provide the public and private stakeholders specific actions or interventions including implementation and monitoring strategies and annual budgetary requirements. It shall be subject to a periodic review and updating to determine its implementation status and ensure that the delivery of services envisioned in this Act is sustained;
(n)? Para-teachers?refer to those who have taken the licensure examination for teachers but were unable to qualify, and have been issued by the Board of Professional Teachers a special permit indicating their area of assignment and their completion of training programs on special needs education, or inclusive education to teach learners with disabilities in accordance with Republic Act No. 9293, otherwise known as "An Act Amending Certain Sections of Republic Act Numbered Seventy-Eight Hundred and Thirty Six (R.A. No. 7836), otherwise known as the "Philippine Teachers Professionalization Act of 1994";
(o)? Private Sector Participation?refers to all forms of indispensable, substantial and meaningful participation of private individuals, partnerships, groups or entities, organizations of persons with disabilities, community-based organizations or nongovernment organizations (NGOs), and business and industry groups in the delivery of educational and rehabilitative services for learners with disabilities;
(p) Related Services?refer to provisions which include, but not limited to, linguistic solutions for deaf learners' concerns, speech-language pathology and audiology services, interpreting services, intervenor services, psychological services, physical and occupational therapy, recreation, social services, school health services, orientation and mobility services, medical services, and transportation services, as may be required to assist a learner with disability to fully enjoy the rights and benefits from education services;
(q)? Reasonable Accommodation?refers to the necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure learners with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms including their right to quality education;
(r)? Special Needs Educations?refers to the customized instructional program or service designed to meet the diverse needs of an individual with disability, which may necessitate supplementary aids and services and teaching strategies in the classroom or non-academic settings. They include instructions on physical and vocational education, social skills development, and basic survival needs, and providing reasonable accommodations, modifications, adaptations, and individualization, as needed. It includes learners with disabilities in the general education system to enable them to realize their full potential and prepare them as independent functioning members of society. The term "Special Needs Education" shall replace the term "Special Education (SPED)";
(s)? Special Needs Education Teacher?refers to an individual who teaches academic and life skills to basic education learners who have a range of disabilities and learning difficulties using various strategies targeting the learners' holistic development. A special needs education teacher works in partnership with a general education teacher in planning, teaching and providing support to learners with disabilities. He or she has a degree in any of the following: Bachelor of Special Needs Education, Bachelor of Elementary or Secondary Education with Specialization in Special Needs Education, or Allied Undergraduate and Graduate degrees with eighteen (18) units in Special Needs Education, and is qualified to teach Special Needs Education as provided in existing rules and regulation of the DepEd.
(t)? Support Services?refer to services provided to learners with disabilities by the ILRCs, schools, other facilities, group of medical and allied medical professionals or by the community in general that facilitate, aid, and support the early and basic education of learners with disabilities in the potential toward self-sufficiency and become fully participative members of society. These include related services as defined herein;
(u)? Universal Design?as defined in the "United Nations Convention on the Rights of Persons with Disabilities", refers to the design of product, environments, programs, and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. "Universal design" shall not exclude assistive devices for particular groups of persons with disabilities where this is needed; and
(v) Universal Design for Learning (UDL)?refers to a scientifically valid framework for guiding educational practice that:
(1) Provides flexibility in the way information is presented, students respond or demonstrate knowledge and skills, and their engagement; and
(2) Reduces barriers in instruction, provides appropriate accommodations, support mental and physical challenges, and maintain high achievement expectations for all students, including learners with disabilities.
It also refers to a set of principles that guides the design of inclusive classroom instruction and accessible course materials. The three (3) principles of UDL are:
(i)? Recognition?- refers to multiple methods of representation that give learners a variety of ways to acquire information and build knowledge;
(ii)? Strategic Learning?- refers to multiple means of student action and expression that provide learners, alternative modes for demonstration what they have learned; and
(iii)? Affective Learning?- refers to multiple modes of student engagement that tap into learner's interests, challenge them appropriately, and motivate them to learn.
Section 44.?Inclusion Policy for Learners with Disabilities in Public and Private Schools.?- The policy of inclusion is hereby instituted in all early and basic education schools, both public and private. All schools, whether public or private, shall ensure equitable access to quality education to every learner with disability, such that no learner shall be denied admission on the basis of disability.
For this purpose, the implementing rules and regulations shall provide the minimum services and conditions that must be included in the admissions systems and policies of all school, including, but not limited to, the provision of assistive devices, facilities and infrastructure in the admission process, and other forms of reasonable accommodation.
All learners with disabilities, whether enrolled in public or private schools, shall be accorded services and reasonable accommodation based on the IEP and shall have the right to avail of the appropriate support and related services under Section 7 of this Act.
Section 45.?Establishment of ILRCs.?- The DepEd, in collaboration with local government units (LGUs), shall initially establish and maintain at least one (1) ILRC in all cities and municipalities:?Provided,?That in cities and municipalities requiring the establishment of such ILRCs shall be established based on the multi-year roadmap, or as resources may allow. All existing SPEC Centers shall be converted to and renamed as "Inclusive Learning Resource Center".
The LGUs may establish satellite ILRCs in schools, the operations and maintenance of which shall be included in the School Improvement Plan (SIP). The SIP refers to a roadmap that lay down the school's specific interventions and solutions to corresponding identified priority improvement areas and aims to improve the three (3) key result areas in basic education: access, quality, and governance.
Private early or basic education schools may likewise establish additional facilities needed for the education of learners with disabilities in coordination with ILRCs within their cities or municipalities:?Provided,?That the DepEd shall provide the minimum standards for compliance to be considered an ILRC:?Provided,?further,?That the DepEd shall provide non-monetary incentives, such as seal of excellence awards scheme to LGUs and schools to encourage the establishment and maintenance of better ILRC services and facilities.
All ILRCs and the additional facilities established pursuant to this Act shall comply with the requirements of Batas Pambansa Blg. 344, otherwise known as the "Accessibility Law" and adopt the universal design and UDL concepts as defined as Section 4(u) and (v) hereof.
Section 46.?Functions of the ILRC.?- The ILRC shall deliver free support and related services towards the fulfillment of the goals of inclusive education. It shall:
(a) implement the CFS to ensure that all learners with disabilities who are not receiving early and basic education services are identified, located, and evaluated, and facilitate their inclusion into the general education system;
(b) utilize the expertise of a multi-disciplinary team to conduct educational assessments and diagnoses of learners with disabilities, to identify specific developmental areas of concern and determine appropriate services and placement options for the preparation of their IEPs;
(c) spearhead the preparation, implementation, and review of the IEP;
(d) provide appropriate support and related services, including school-based trainings to learners with disabilities and their diverse needs for their inclusion in the general education system;
(e) produce and ensure the availability of appropriate teaching and instructional materials for learners with disabilities;
(f) provide and facilitate consultative mechanism, counseling, technical assistance, and training to general basic education teachers, administrators, CDC child development workers and teachers, non-teaching personnel, parents, care providers, guardians, or other family members on the education of learners with disabilities;
(g) establish a referral system that shall provide and organize multidisciplinary services needed by learners with disabilities and their families to mobilize community resources;
(h) monitor and ensure that learners with disabilities within the city or municipality or school district receive the appropriate services needed, including, but not limited to, FSL interpreting;
(i) deliver such services under the ILRC's alternative educational programs, early intervention program, and transition program among others;
Alternative Educational Programs?refer to the programs provided to learners with disabilities who are not able to attend school due to the severity of their disabilities or other circumstances, or both. The range of alternative educational programs or placements may include, but not limited to, home-based, hospital-based or community-based instruction.
Early Intervention Program?refers to any form of educational program, therapy, treatment, nutritional intervention or family support designed to reduce the effects of disabilities or prevent the occurrence of learning and development problems, or both, later in the life of the children from birth to five (5) years presumed to be at risk for such problems.
Transition Program?refers to a coordinated set of courses and activities for learners with disabilities that is:
(1) designated within an outcome-oriented process, which promotes movement from school to post-school activities that include post-secondary education, vocational training, integrated employment, supported employment, continuing and adult education, adult services, independent living, or community participation; and
(2) based upon the individual learner's needs, taking into account the learner's preferences and interests; and includes instruction, related services, and community experiences.
(j) initiate the implementation of research-based innovative approaches, and adopt or replicate best practices in providing educational or support and related services to learners with disabilities;
(k) orient the LGUs served by the ILRCs on the diverse needs and potentials of learners with disabilities;
(l) familiarize the ILRC and its personnel with the city or municipality they serve, and the diverse needs and potentials of learners with disabilities;
(m)provide access to auxiliary aids and services that are non-educational, but which enhance the education process for the learners with disabilities. These shall include, but not limited to:
(1) Language and speech therapy, occupational therapy, physical and physiotherapy, among other modes of treatment, through a multidisciplinary team;
(2) Quality reading and writing materials, especially Braille materials for learners with visual impairments, or other effective methods of delivering communication materials;
(3) Acquisition and adaptation of equipment or devices;
(4) Provision of consultation for creating appropriate and reasonable accommodation in the classroom, among others;
(5) Provision of qualified sign language interpreters for deaf learners;
(6) Assistance and monitoring in the transfer, or admission of eligible learners with disabilities to post-secondary or tertiary educational institutions; and
(7) Other similar services and actions or all types of aids and services that facilitate the learning process of learners with disabilities; and
(n) perform other functions as may be necessary in providing and facilitating the provision of support and related services to learners with disabilities.
The ILRC may also provide the same services to all other learners, including learners with disabilities under the ALS Program, as identified by school officials and teachers, parents, guardians, or the learners themselves.
Section 47.?Learner Assistance.?-?The City Government of Pagadian together with the DepEd, DSWD, DOLE and NCDA shall develop programs to support the financial, educational and accessibility needs of all learners with disabilities, particularly the economically disadvantaged leaners with disabilities, as envisioned in RA No. 8425, otherwise known as "The Social Reform and Poverty Alleviation Act".
The City Government of Pagadian shall perform the following functions and responsibilities:
(1) Partner with public or private volunteers and local or international private organizations, duly recognized and accredited by appropriate government office, for technical guidance and information dissemination campaigns and funding support to augment the funding for the services pertaining to this Act;
(2) Participate in all efforts concerning inclusion of learners with disabilities in the general education system, health services, transport services, and other social and welfare services;
(3) Adopt measures to raise awareness in the community to respond to the needs of learners with disabilities;
(4) Enact appropriate ordinances to implement the LGU's role in this Act; and
(5) Coordinate and share the responsibility with national government agencies and other stakeholders for the implementation, regulation, enforcement and monitoring of the provisions of this Act within their territorial jurisdiction, including CFS.
Notwithstanding the provisions of Sections 235 and 272 of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991", the Local School Boards shall be authorized to set aside a portion of the proceeds of the Special Education Fund to supplement the funds of the DepEd and other implementing partner agencies for the delivery of support and related services for learners with disabilities to include, but not limited to, any of the following:
(i) Provision of sites, buildings or centers where there are no existing school facilities that may be used for purposes of this Act;
(ii) Provision of assistive devices, instructional materials and teacher's training;
(iii) Delivery of health and nutrition services and interventions and educational assessment programs for learners with disabilities in their respective localities that shall be initiated by the DOH and DepEd, respectively; and
(iv) Provision of trainings on livelihood and entrepreneurial skills, in coordination with DOLE and TESDA.
Section 48. The Local Government of Pagadian City through the Persons with Disability Affairs Office (PDAO) shall give special focus on children with disabilities by implementing programs and projects that will develop and enhance their skills and empower them to be able to participate in the society productively. The City Government will make a periodic comprehensive survey on children with disabilities which shall serve as basis for the programs and projects intended for their development.
Children with disabilities like all others need adequate and appropriate education and support services.?In line with the pertinent provisions of R.A. 11650, the City Government?of?Pagadian, through the PDAO shall periodically update the list of children with disabilities that are in school and ensure that no learner shall be denied admission on the basis of disability.
Section 49. A training program for educators and health professionals who handle children with disabilities shall from part of the priority of the local government of Pagadian City.
ARTICLE 10
Street Children
Section 50. This Article is one of the measures designed to control the proliferation of "street children" in the City of Pagadian and to encourage private voluntary initiatives that address their needs.
Section 51. Definition of Terms. - As used in this Article, the following terms shall mean as defined herein:
Street Children refers to persons below eighteen (18) years old who regularly spend at least four (4) hours every day on the streets begging or simply loitering in the streets;
Private Institutions refers to private organizations or associations undertaking or implementing programs and projects addressing the needs of street children.
Mendicancy refers to any act of habitually soliciting or begging in the streets or public places for money or food, or accompanying a habitual vagrant, beggar or mendicant.
"Mendicant" refers to any person who habitually solicits and begs for a living and has no visible and legal means of support and lawful means of employment and is either physically fit or a person with disability.
Exploited Child or Infant" refers to a child or infant below 8 years of age who is used in begging or forced to accompany a habitual vagrant or beggar.
Minors refers to any person below 18 years of age.
Abetting means inducing another person to commit the crime by giving or assisting.
Street dwellers/families refer to individuals or families of any age who stay on the streets, markets, parks, premises of malls and other public areas making the aforementioned public places as their homes, including those who beg and solicit for alms whether as a source of livelihood or not. They are considered street dwellers, street children, mendicants, vagrants, beggars and the like.
Section 52. It is hereby declared illegal and prohibited the giving directly of alms in the form of money or any other financial remuneration, such as, but not limited to, "parking assistance fee" usually given by motorists to children in the streets.
Section 53. To properly channel the goodwill and support of individual citizens for the upliftment of street children, contributions or financial support which are otherwise usually directly given to children in the streets should be channeled to private organizations or charitable institutions that implement programs and projects for street children.
For this purpose, selected business establishments and private/public offices within the territorial jurisdiction of the City of Pagadian are required to put up a sealed can/box within their establishments where voluntary contributions may be placed or dropped by those who desire to support programs and projects responding to the needs of street children. The proceeds of these donations/contributions shall be used solely to fund programs directly addressing the needs of street children. For this purpose, a memorandum of agreement shall be executed between the LCPC, the receiving establishment, and the beneficiary institution or organization.
The LCPC is hereby authorized to formulate the necessary details of the implementing mechanism thereof.
Section 54. In accordance with its law enforcement function, the Pagadian City Philippine National Police (PNP) is hereby specifically tasked to ensure that no children shall proliferate the streets of the City of Pagadian. For this purpose, every member of the Pagadian City PNP is enjoined to immediately inform or call the attention of the CSWDO the moment he/she sees children loitering in the streets. The members of the Pagadian City PNP are also enjoined to call the attention of any street children and explain this provision to them.
Section 55. It is an acknowledged fact that the real and lasting solution to the plight of street children is in their respective homes. Therefore, the underlying objectives will only be truly achieved if parents will perform their duties and responsibilities as parents of their children. For this purpose, the CSWD is hereby mandated to establish and intensify the partnership undertakings with the parents of street children in the City of Pagadian to effectively respond to this social malady.
Section 56. To effectively respond to the issues concerning street children, the Pagadian City LCPC is hereby mandated to formulate, and in partnership with concerned private organizations and NGOs, a comprehensive program for street children.
ARTICLE 11
Protection to Deserted and Abandoned Children with Unknown Parents
Section 57. In line with the pertinent provisions of R.A. 11767 and in order to?uphold the best interests of the neglected, stateless, and abandoned or deserted?children, the City Government of?Pagadian?shall?proactively and diligently inquire?into the facts of a?child's birth and parentage. Foundlings are entitled to every available government program or services such as registration, facilitation of documents for adoption, education, legal and police protection, proper nourishment and medical care for survival and development, and admission to safe and secure child centers.?
Section 58. A foundling refers to a deserted or abandoned child or infant with unknown facts of birth and parentage. This shall also include those who have been duly registered as a foundling during here/his infant childhood, but have reached the age of majority without benefiting from adoption procedures upon the passage of RA 11767.
Section 59. The finder shall be a person of legal age who discovered the deserted or abandoned child: provided, that of the actual finder is a minor, his/her parent or legal guardian shall assist in the making the report. The finder shall report within 48 hours upon discovery of the child to inform the CSWDO closest to him/her, or any safe haven provider which shall in turn coordinate with the National Alternative Child Care (NACC) through the Regional Alternative Child Care Office (RACCO), for the provision of appropriate care and services in line with the foundling's needs and best interest.
Section 60. To enforce the provisions of this Article, the following offices shall:
City Social Welfare and Development Office (CSWD):
Conduct intake interview assessment and referral of cases;
Turn over client children three (3) years old to below seventeen (17) years old who will be turned over to the LINGAP Center that shall provide basic and after care services to them;
Turn over foundlings or client children below 3 years old to the DSWD Reception Study and Care for Children (RSCC), Zamboanga City or facilitate foster care to licensed foster families;
Conduct orientation/briefing to offices, BCPC volunteers involved; and
Monitor and evaluate the activity.
Department of Social Welfare and Development (DSWD):
Provide technical assistance and manpower support during rescue operation;
Provide capability building in the operationalization and in the mobilization and organization of the communities towards preventive and protective measures for the families;
Coordinate with other offices for the turn-over/reintegration of the rescued street dwellers to their LGUs and families;
Assist in the resource generation for the activity/project; and
Provide technical assistance in developing social marketing/advocacy program.
Philippine National Police:
Coordinate with District Precinct/Block Station for the participation of PCR office;
Provide security to rescue team and rescued street dwellers;
Maintain peace and order in the processing venue/area; and
Participate in the team building sessions and meetings.
BCPC:
Conduct surveillance in identified areas;
Monitor incidence of street dwellers in their areas of jurisdiction;
Report/coordinate with CSWD and PNP;
Conduct actual rescue operation; and
Attend team building sessions and meetings.
City Information Office:
Document through videos and pictures the actual conduct of rescue operation for reporting;
Promote social marketing/advocacy campaign on anti-mendicancy law through prints and social media; and
Attend team building sessions and meetings.
Other Offices/Departments of the City LGU:
Office of the City Administrator
Provide technical and administrative support on the rescue operation;
Attend team building sessions and meetings;
Assist the conduct of the rescue operation; and
Monitor the overall operation of the rescue teams and the participation of the different offices.
City Health Office
Provide medical support during the rescue operation; and
Attend team building sessions and meetings.
Traffic and Security Division
Assist in the conduct of surveillance of the identified areas;
Monitor incidents involving street dwellers in the city;
Report and coordinate with CSWD and PNP;
Conduct actual rescue operation; and
Attend team building sessions and meetings.
Office of the Muslim Affairs
Assist the CSWDO and barangays in communicating and coordinating the Muslim communities of Pagadian City;
Coordinate Muslim leaders in communities with presence of street dwellers for the advocacy on anti-mendicancy;
Assist during the actual conduct of rescue operation to ensure the protection of the rights of the informal dwellers; and
Attend team building sessions.
Assist in the resource generation for the activity/project; and
Provide technical assistance in developing projects and activities.
ARTICLE 12
Domestic Administrative Adoption and Alternative Child Care
Section 61. The best interest of the child shall be the paramount considered in the enactment of alternative care, custody, and adoption policies. Toward this end, the City Government of Pagadian shall:
(a) Ensure that a child without parental care, or at risk of losing it, is provided with alternative care options such as adoption and foster care;
(b) Establish alternative care standards to ensure that the quality of life and living conditions set are conducive to the child's development;
(c) Safeguard the biological parents from making hasty decisions to relinquish parental authority over the child;
(d) Prevent unnecessary separation of the child from the biological parents;
(e) Protect the adoptive parents from attempts to disturb their parental authority and custody over the adopted child;
(f) Conduct public information and educational campaign to promote a positive environment for adoption;
(g) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries, process domestic adoption petitions, and offer adoption-related services, including pre-adoption and post-adoption services, for the biological parents, children, and adoptive parents;
(h) Encourage domestic adoption so as to preserve the child's identity and culture in the child's native land, and only when this is not feasible shall inter-country adoption be considered; and
(i) Establish a system of cooperation with the Inter-Agency Council Against Trafficking (IACAT), to prevent the sale, trafficking, and abduction of children and to protect Filipino children abandoned overseas who are made vulnerable by their irregular status.
ARTICLE 13
Children's Parks and Playgrounds
Section 62. This Article is enacted to guarantee our children and ensure and facilitate their enjoyment of the right to play which is very important not just in their physical and brain motor development but also in their psycho-social well- being.
Section 63. To attain the objectives of this Article, the following are hereby mandated:
The City Government of Pagadian shall allocate an area for children's parks and playgrounds;
The respective Barangay Councils in the 54 Barangays of Pagadian City, in consultation with the Barangay Council for BCPC are hereby encouraged to identify an area sufficient to be utilized as Children's Parks and Playgrounds in their respective barangays and furnish the Pagadian City Local Council for the Protection of Children (PCLCPC) the list of the identified area/s. Once identified, the Barangay Council shall make the necessary arrangement with the landowner to achieve the purposes of this Article, and if no voluntary arrangement is effected, the Barangay Council concerned shall make the necessary recommendation to the City Government of Pagadian for the expropriation thereof.
Once designated, the duty to operate and maintain the children's parks and playgrounds shall be the responsibility of the LCPC for the City Government for the City and the BCPC for the barangay.
Section 64. Areas designated as children's parks and playgrounds shall be utilized exclusively for the purpose. However, recreational facilities available for adults but which are also appropriate for children shall allow children thereto.
Section 65. To ensure cleanliness and healthful environment, the BCPC shall partner with the City Environment and Natural Resources Office (City ENRO) for tree planting and clean and green activities. All donations made for the development and operation of children's parks and playgrounds mandated under this Ordinance shall entitle the donor certain tax benefits. For this purpose, the City Treasurer is hereby required to recommend to the Sangguniang Panlungsod appropriate tax incentive schemes.
Section 66. The LCPC is hereby mandated to monitor compliance with the provisions of this Article and to recommend measures necessary for its effective enforcement.
ARTICLE 14
National Learning Camp (NLC)
Section 67. Having full access to and being able to complete primary education is a recognized right of our school age children. More than this and given our changing complex and competitive environs, the need to raise the level and quality of education in the City is becoming an urgent and pressing concern. In this light, conducting at least remedial classes every summer in all public elementary and high schools within the City's territorial jurisdiction is imperative. Through this, it is expected that schoolchildren's knowledge will be enhanced and/or enriched in preparation for the academic challenges of the coming school year.
Section 68. In line with the MATATAG: Bansang Makabata, Batang Makabansa Agenda, the Department of Education (DepEd) adopts the enclosed Policy Guidelines on the Implementation of the National Leaning Camp (NLC).
This policy contributes to the commitment of DepEd to the National Learning Recovery Program (NLRP), which aims to close learning gaps and assist K-12 Learners in all public elementary and secondary schools nationwide in attaining learning standards.
Section 69. The implementation of the NLC is a strategic initiative supporting the NLRP and is complemented by programs to improve skills in reading, mathematics, science, and technology, and similar initiatives which aims to sustain learning recovery.
Section 70. Definition of Terms: For the purposes of this policy, the following terms are defined as follows:
a. Consolidation Camp is a voluntary learning program designed to provide further practice on and application of previously taught competencies. Opportunities are provided to identify links connecting concepts and skills across grade-level competencies.
b. Enhancement Camp is a voluntary learning program designed to enrich learning for advanced learners by providing greater depth, breadth, and complexity of learning area competencies.
c. Intervention Camp is a voluntary learning program designed to support high-need learners who are yet to grasp Foundational Mathematics and/or Foundational English skills.
d. National Learning Camp (NLC) is a voluntary EOSY break program designed to:
i. Improve learning in the form of enhancement, consolidation, or intervention programs in all learning areas for Kindergarten to 12 learners; and
ii. enhance teacher capacity.
e. Remedial Class is a voluntary learning program for learners who did not meet expectations in terms of attaining the learning competencies required of a particular learning area.
Section 71. The implementation of the NLC shall be guided by the following principles:
a. Every learner has the right to learn. DepEd adheres to the United Nations Convention on the Rights of the Child (adopted 20 November 1989) and upholds the right of the child to education, on the basis of equal opportunities to learn and succeed by making primary education compulsory and available free to all, in an inclusive learning environment that develops respect for the child's social and cultural identity, language and values, and learning abilities.
b. Engaged learners are motivated, inspired, and willing to invest effort in learning. This principle recognizes the active role of learners in their own learning, and the responsibility of teachers in motivating learners to work productively by assuming responsibility for their own learning (DO 42, s. 2017).
c. Teaching must be rigorous and relevant. This principle emphasizes the importance of implementing teaching and learning practices that challenge learners intellectually, promote critical and creative thinking and other higher-order thinking skills, facilitate deep understanding, and develop connections with real- world contexts (DO 42, s. 2017).
d. Purposeful assessment enhances teaching and learning. This principle highlights the significance of assessment as a tool for guiding evidence-based teaching to promote learning.
e. A whole-school approach and community engagement support the improvement of education quality. DepEd advocates the involvement of and collaboration with local government units and other organizations, as well as the entire school community, including school heads, teachers, support staff, and parents, to improve learner participation and achievement.
Section 72. The NLC is a voluntary 3-5 week learning recovery program designed to benefit K-12 learners in public elementary and secondary schools. Remedial classes shall be conducted in other grade levels until the phased implementation of the NLC is completed. Based on the learner's academic performance in the SY immediately preceding the EOSY break, learners in need of greater academic support shall be highly encouraged to participate in remedial classes in order to prepare them to transition to the next grade level.
Section 73. Incoming Grade 12 learners who need to undertake work immersion in the succeeding semester shall be allowed to take one or two subjects in advance to reduce their academic load and give more attention to their work immersion.
Section 74. Advocacy and information campaigns for the NLC shall be carried out during the last quarter of every school year to raise awareness and mobilize support from local government units (LGUs), parent-teacher associations (PTAs), school governing councils (SGC), industry partners, and non-government organizations, among others.
ARTICLE 15
Alternative Learning System (ALS) in Basic Education for Out-of-School Children in Special Cases and Adults
Section 75. The City Government of Pagadian shall provide out-of-school children in special cases and adults with opportunities to improve their knowledge, values, life, skills, and readiness for higher education, work or self-employment through a system of non-formal or indigenous education, or both which are tailored to respond to their learning needs and life circumstances. It shall ensure the close partnership and collaboration with the private sector in achieving this goal.
Section 76. Definition of Terms. - As used in this Article, the following terms and/or phrases shall mean as follows:
(a)? Alternative Learning System K to 12 Basic Education Curriculum (ALS K to 12 BEC)?shall refer to the comprehensive curriculum indicating the competency, content, key stages, and standards for the ALS program under this Act. The ALS K to 12 BEC is benchmarked on the DepEd K to 12 formal school curriculum and focuses on the 21st Century Skills: information, media and technology skills, learning and innovation skills, communication skills, and life and career skills.
(b)? Alternative Learning System Teachers (ALS Teachers)?shall refer to DepEd employed teachers who implement the ALS programs.
(c)? Academic-Focused Bridging Programs?shall refer to ALS programs that provide continuing learning opportunities to accreditation and equivalency secondary level test passers who wish to better prepare for the academic demands and study skills requirements of tertiary level education or post-secondary vocational training, or both.
(d)? Accreditation and Equivalency Assessments and Certifications (A&E Assessments and Certifications)?shall refer to a process in ALS that comprise exams and other assessments deemed appropriate and anchored on the competencies of the ALS k to 12 BEC.
(e)? Accreditation and Equivalency Program (A&E Program)?shall refer to a program in ALS aimed at providing an alternative pathway of learning for out-of-school children in special cases and adults who have not completed basic education. Through this program, school dropouts are able to complete elementary and secondary education outside the formal school system.
(f)? Adult?shall refer to a person at least eighteen (18) years of age and above.
(g)? Alternative Learning System (ALS)?shall refer to a parallel learning system that provides a viable alternative to the existing formal education instruction. It encompasses both nonformal and informal sources of knowledge and skills.
(h) Basic Literacy Program?shall refer to a program component of ALS that is aimed at eradicating illiteracy among out-of-school children in special cases and adults by developing basic literacy skills of reading, writing, numeracy, and simple comprehension.
(i) ?Community Alternative Learning System Implementors (Community ALS Implementors)?shall refer to persons engaged either by the DepEd or any Local Government Unit (LGU) to deliver ALS programs to out-of-school children in special cases and adults.
(j)? Community Learning Center (CLC)?shall refer to a physical space to house learning resources and facilities of a learning program for out-of-school children in special cases and adults. It is a venue for face-to-face learning activities and other learning opportunities for community development and improvement of the people's quality of life.
(k)? Functional Education and Literacy Programs?shall refer to short-term nonformal education programs designed to help socioeconomically disadvantaged learners to upgrade a targeted set of skills, knowledge and selected competencies in the ALS to 12 BEC in order to improve their social, political and economic well-being and function more effectively as citizens, parents, workers and members of the community.
(l)? Indigenous Peoples?refer to a group of people or homogenous societies identified by self-ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, tradition and other distinctive cultural traits or who have, through resistance to political, social and cultural inroads of colonization became historically differentiated from the majority of the Filipinos.
(m) Indigenous Peoples Education?shall refer to the program that supports education initiatives undertaken through formal, nonformal, and informal modalities with emphasis on any of, but not limited to, the key areas of indigenous knowledge systems and practices and community history, indigenous languages , indigenous learning system (ILS), and community life cycle-based curriculum and assessment, educational goals, aspirations and competencies specific to the indigenous cultural community (ICC), engagement of elders and other community members in the teaching-learning process, assessment, and management of the initiative, recognition and continuing practice of the community's ILS, and the rights and responsibilities of ICCs.
(n)? Informal Education?shall refer to diverse forms of learning that are intentional or deliberate but are not institutionalized. It is a lifelong process of learning by which every person acquires and accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life itself towards literacy.
(o)? Learners with Disabilities?shall refer to those who have long-term physical mental, intellectual, or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on equal basis with others.
(p)? Learning Facilitators?shall refer to teachers financed by the private sector who implement ALS programs. The private sector shall include nongovernment organizations or association, civil society organizations, or individuals.
(q)? Micro-certification, also known as micro-credentialing, shall refer to a flexible means of certifying attainment of specific elements of ALS K to 12 minimum competencies which can be used by the holder as credential such as in job application, recruitment and selection.
(r)? Nonformal Education (NFE)?shall refer to any organized and systematic activity carried outside the framework of the formal education system to provide selected types of learners to a segment of the population.
(s)? Out-of-School Children in Special Cases?shall refer to children in the official school age who are not enrolled in the elementary or secondary schools due to special cases such as economic, geographic, political, cultural or social barriers, including learners with disabilities or conditions, indigenous peoples, children in conflict with the law, learners in emergency situations, and other marginalized sectors.
Section 77. The City Government of Pagadian, through the Local School Board, shall partner with the DepEd in the delivery of ALS Programs to their constituents. Each shall, in partnership with other government agencies and stakeholders, help to identify and mobilize prospective ALS learners, provide access to conducive learning environment, contribute available resources to ALS Programs, promote post-program activities, and introduce local innovations as may be necessary.
The Local School Board shall perform the following the additional functions in the delivery of ALS Programs:
(a) Coordinate ALS implementation with the DepEd at the city or municipal level, including the identification of priority ALS programs, provision of technical assistance to ALS Teachers, program monitoring and evaluation, and coordination with government and private sector partners for post-program support activities;
(b) Coordinate with the DepEd the determination of the annual supplementary budgetary needs for the operation and maintenance of ALS programs within the city or municipality;
(c) Ensure the implementation of community literacy mapping activities within the city or municipality and coordinate with the barangays, the private sector, and other agencies in the identification of out-of-school children in special cases and adults, who have not yet completed their basic education; and
(d) Coordinate with the DepEd regarding the provision, operation and maintenance of ALS CLCs.
The Local School Board shall be authorized to set aside a portion of the proceeds of the Special Education Fund (SEF) for the delivery of ALS Programs within the jurisdiction of Pagadian City.
PROTECTION RIGHTS OF CHILDREN
CHAPTER IV
General Framework
ARTICLE 1
Programs Against Child Abuse, Exploitation, Discrimination,
Online Sexual Abuse Exploitation (OSAE)
Section 1. A comprehensive program shall be formulated, within one (1) year from the effectivity of this Code by the LCPC through the Pagadian City Council for the Welfare and Protection of Children and CSWDO, after consultation with other government agencies, private sector, nongovernment organizations, and child welfare institutions that are concerned with protection and development of children's rights and welfare as provided by RA 11930.
Section 2. Definition of Terms. - As used in this Article, the following terms and/or phrases shall mean as follows:
(a)? Child?refers to a person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical, mental, intellectual or sensory disability or condition. A child shall also refer to:
(1)? A person regardless of age who is presented, depicted or portrayed as a child as defined herein; and
(2)? Computer-generated, digitally or manually crafted images, or graphics of a person who is represented or who is made to appear to be a child as defined herein.
(b)? Child sexual abuse?refers to any form of communication through any platform or format, or any physical interaction between a child and any person when the child is being used for any?act?or activity inducing sexual stimulation or for the purpose of sexual gratification or in pursuit of the desire to have carnal knowledge of the child, regardless of the gender of the perpetrator or the victim, or the consent of the victim;
(c)? Child sexual abuse or exploitation material or child sexual abuse material (CSAEM/CSAM)?refers to any representation, whether offline, or by, through or with the use of ICT, by means of visual, video, audio, written, or any combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or simulated sexual activities, or depicting?acts?of sexual abuse or exploitation of a child as a sexual object. It shall also include materials that focus on the genitalia or other private body parts of a child. For purposes of this?Act, CSAEM may interchangeably be referred to as CSAM;
(d)? Child sexual exploitation?refers to any of the following?acts?even if consent appears to have been granted by the child:
(1) Child sexual abuse with consideration whether monetary or nonmonetary consideration, favor, or benefit in exchange for the opportunity to perform such abusive or exploitative?act
(2)? Actual sexual intercourse with a child or children with or without consideration;
(3)? Employing fraud, machination, undue influence, intimidation, threat or deception by any person to commit sexual abuse of or sexual intercourse with a child or children; or
(4)? Any other similar or analogous?acts?related to child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the development of the child;
(e)? Competent authority?refers to law enforcement authority, investigating authority, prosecutor, court, telecommunications/ICT regulator, cybercrime investigator/coordinator, data privacy regulator, or the National Coordination Center against OSAEC and CSAEM (NCC-OSAEC-CSAEM);
(f) Computer?refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smartphones, computer networks and other devices connected to the internet;
(g)? Computer data?refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system, including a suitable program that can enable a computer system to perform a function, and electronic documents or electronic data messages whether stored in local computer systems or online;
(h)? Content data?refers to the content of the communication, the meaning or purport of the communication, or the message or information being conveyed by the communication, other than traffic data, or subscriber's information/registration information;
(i)? Grooming?refers to predatory conduct,?act, or pattern of?acts, of establishing a relationship of trust, or emotional connection by another, with a child or someone who is believed to be a child, and/or the family, guardian, and/or caregivers, whether in person or via electronic and other similar devices, for the purpose of perpetrating sexual abuse or exploitation or the production of any form of CSAEM;
(j) Image-based sexual abuse (ISA)?refers to a form of technology-facilitated sexual violence. The term describes a pattern of behavior involving the nonconsensual creation, distribution, or threats to distribute nude or sexual images. It includes a diversity of behaviors including, but not limited to, "sextortion scams," the use of artificial intelligence to construct "deepfake" pornographic videos, threats to distribute photographs and videos; and the taking or sharing of sexual assault imagery;
(k) Information and communications technology (ICT)?refers to the totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information;
(l) Internet address?refers to the uniform resource locator or internet protocol address of an internet site;
(m) ?Internet asset?includes internet site and any device that is engaged in peer-to-peer sharing of OSAEC and CSAEM
(n)? Internet cafe?or?kiosk?refers to an establishment or any place or venue that offers or proposes to offer the use of its computer/s or computer system for the purpose of accessing the internet, computer games or related activities:?Provided,?That for purposes of this?Act, non-formal business establishments that provide internet services shall also be considered as internet cafe or kiosk;
(o) ?Internet hotspot?refers to an establishment or any place or venue that offers access to the internet. It includes hotels or motels, malls, restaurants, internet cafes or kiosks, public spaces or other related/similar places;
(p)? Internet intermediaries?refer to persons or entities that provide infrastructure, platforms, access to, and host, transmit and index content, products and services originated by third parties on the internet. These include, among others:
(1)?Internet service providers;
(2)?Web hosting providers including domain name registrars;
(3)?Internet search engines and portals;
(4)?E-commerce intermediaries;
(5)?Internet payment system providers; and
(6)?Participative network platform providers including social media intermediaries.
(q)? Internet service provider (ISP)?refers to a public telecommunication entity (PTE) or value-added service (VAS) provider duly authorized by or registered with the National Telecommunications Commission (NTC) that provides users or other entities with data connection allowing access to the internet through physical transport infrastructure, and such access is necessary for internet users to access content and services on the internet, and for content providers to publish or distribute materials online;
(r)? Internet site?refers to a website, bulletin board service, internet chat room, newsgroup, or any other internet or shared network protocol address;
(s)? Luring?refers to the?act?of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of CSAEM;
(t)? Online sexual abuse or exploitation of children (OSAEC)?refers to the use of ICT as a means to abuse and/or exploit children sexually, which includes cases in which offline child abuse and/or exploitation is combined with an online component. This can also include, but is not limited to, the production, dissemination and possession of CSAEM; online grooming of children for sexual purposes; sexual extortion of children, sharing image-based sexual abuse; commercial sexual exploitation of children; exploitation of children through online prostitution; and live-streaming of sexual abuse, with or without the consent of the victim:?Provided,?That OSAEC may be used interchangeably with online child sexual exploitation or abuse (OCSEA);
(u) Pandering?refers to the?act?of offering, advertising, promoting, representing or distributing through any means any child sexual abuse or exploitation material, or any material that purports to contain any form of child sexual abuse or exploitation material, regardless of its actual content;
(v)? Participative network platform provider?refers to any person or entity, including a social media intermediary, that facilitates social communication and information exchanges which is based on online technologies such as web, instant messaging, or mobile technologies, that enable users to contribute to developing, rating, collaborating and distributing internet content and developing and customizing internet applications or to conduct social networking. It may also refer to a person or an entity that provides a platform or site for blogging, video-sharing, picture-sharing, file-sharing sites, online gaming or instant messaging, among others;
(w)? Payment system provider (PSP)?refers to an entity engaged in any monetary transaction which includes banks, fiat or digital money service businesses including cryptocurrencies, credit card companies and other financial institutions;
(x)? Person?refers to any natural or juridical entity;
(y)? Sexual activity?includes the following?acts, whether actually performed or simulated:
(1) Sexual intercourse or lascivious?act, including contact involving the genitalia, oral stimulation of the genitals or oral stimulation of the anus, whether between persons of the same or opposite sex;
(2)? Masturbation;
(3)? Sadistic or masochistic abuse;
(4)? Lascivious exhibition of the genitals, buttocks, breasts, pubic area and anus;
(5)? Bestiality;
(6)? Use of any object or instrument for lascivious?acts; or
(7)? Any other analogous circumstance.
(z) Sexualization of a child?refers to the?act?of using a child as an object for the sexual desire or satisfaction of another, even if there is?no?actual sexual intercourse or?no?private part of the body of the child has been shown;
(aa)? Streaming?refers to the broadcasting or viewing through the use of ICT, whether the viewer is passively watching or actively directing the content. It is considered live-streaming when the broadcasting or viewing occurs in real-time;
(bb)? Subscriber's information?or?Registration information?refers to any information contained in the form of computer data or any other form that is held by a service provider or internet intermediary, relating to subscribers or registrants of its services other than traffic or content data and by which identity can be established:
(1)? The type of communication service used, the technical provisions taken thereto and the period of service;
(2)? The identity, postal or geographic address, telephone and other access?numbers, assigned network address, billing and payment information of the subscriber that is available on the basis of the service agreement or arrangement; and
(3)? Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.
(cc)? Traffic data?or?non-content data?refers to any computer data other than the content of the communication including the origin, destination, route, time, date, size, duration, or type of communication of the underlying service; and
(dd)? Web hosting provider?refers to a person that provides infrastructure for hosting, supplies web server space and internet connectivity that enables a user to post, upload, download and share user-generated content, or a content provider who supplies content to the internet. It shall also refer to a person that provides specialized hosting services such as streaming services or application hosting, domain name registration services, or services that enable users to create and manage their websites.
ARTICLE 2
Stronger Protection Against Rape and Sexual Exploitation and Abuse
Section 3. For stronger protection against rape and sexual exploitation and abuse, the age for determining the commission of statutory rape is as follows:
When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present:?Provided,?That there shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative:?Provided, further,?That if the victim is under thirteen (13) years of age, this exception shall not apply.
As used in this article, non-abusive shall mean the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with intention or through neglect, during the conduct of sexual activities with the child victim. On the other hand, non-exploitative shall mean there is no actual or attempted act or acts of unfairly taking advantage of the child's position of vulnerability, differential power, or trust during the conduct of sexual activities.
Section 4. Articles 337 and 338 of Act No. 3815, otherwise known as "The Revised Penal Code" are hereby amended to read as follows:
The seduction is qualified when the seduction of a minor, sixteen and over but under eighteen years of age, is committed by any person in public authority, priest, home-servant domestic, guardian, teacher, or any person, in any capacity is entrusted with the education or custody of the minor seduced.
There is simple seduction when the seduction is of a minor, sixteen and over but under eighteen years of age, committed by means of deceit.
Section 5.?Sections 5(b), 7, 9, and 10(b) of Republic Act No. 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act are hereby amended to read as follows:
"Section 5.?Child Prostitution and Other Sexual Abuse.?- Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
Section 6. It shall be unlawful for any person?to hire, employ, use, persuade, induce, or coerce a child to perform, in obscene exhibitions and indecent shows, whether live off in video, or model in obscene publications or pornographic materials, or to sell or distribute the said materials.
Section 7. It shall also be unlawful for any person to keep or have in his company a minor sixteen (16) years of age or under or who is ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach, and/or other tourist or similar places, Provided,?That this provision shall not apply to any person who is related within fourth degree of consanguinity or affinity or any blood recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.
Section 8.?Public and private institutions engaged in the education, training, and care of children shall ensure that their curriculum for continuing staff development included plans and learning sessions on the scope of their duties and responsibilities in identifying, responding to and reporting rape and other sexual offenses.
ARTICLE 3
Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Work Places, and Educational or Training Institutions
Section 9. This article shall be known as the "Safe Spaces Act" in recognition of the value of the dignity of every human person and guarantee of full respect for human rights. It also recognizes that both men and women must have a quality, security and safety not only in private, but also on the streets, public spaces, online, work places and educational and training institutions.
Section 10. Definition of Terms. - As used in this Article, the following terms and/or phrases shall mean, as follows:
(a)? Catcalling?refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;
(b)? Employee?refers to a person, who in exchange for remuneration, agrees to perform specified services for another person, whether natural or juridical, and whether private or public, who exercises fundamental control over the work, regardless of the term or duration of agreement:?Provided,?That for the purposes of this law, a person who is detailed to an entity under a subcontracting or secondment agreement shall be considered an employee;
(c) ?Employer?refers to a person who exercises control over an employee:?Provided,?That for the purpose of this Act, the status or conditions of the latter's employment or engagement shall be disregarded;
(d)? Gender?refers to a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations identifying the social behavior of men and women, and the relations between them;
(e) Gender-based online sexual harassment?refers to an online conduct targeted at a particular person that causes or likely to cause another mental, emotional or psychological distress, and fear of personal safety, sexual harassment acts including unwanted sexual remarks and comments, threats, uploading or sharing of one's photos without consent, video and audio recordings, cyberstalking and online identity theft;
(f)? Gender identity and/or expression?refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with physiological characteristics of the opposite sex in which case this person is considered transgender:
(g)? Public spaces?refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals, public markets, spaces used as evacuation centers, government offices, public utility vehicles as well as private vehicles covered by app-based transport network services and other recreational spaces such as, but not limited to, cinema halls, theaters and spas; and
(h)? Stalking?refers to conduct directed at a person involving the repeated visual or physical proximity, non-consensual communication, or a combination thereof that cause or will likely cause a person to fear for one's own safety or the safety of others, or to suffer emotional distress.
Section 11.?Gender-Based Streets and Public Spaces Sexual Harassment.?- The crimes of gender-based streets and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks.
Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person's appearance, relentless requests for personal details, statement of sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical, that is unwanted and has threatened one's sense of personal space and physical safety, and committed in public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of gender-based streets and public spaces sexual harassment are those performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles.
Section 12.?Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts and Water Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places Open to the Public.?- Restaurants, bars, cinemas, malls, buildings and other privately-owned places open to the public shall adopt a zero-tolerance policy against gender-based streets and public spaces sexual harassment. These establishments are obliged to provide assistance to victims of gender-based sexual harassment by coordinating with local police authorities immediately after gender-based sexual harassment is reported, making CCTV footage available when ordered by the court, and providing a safe gender-sensitive environment to encourage victims to report gender-based sexual harassment at the first instance.
All restaurants, bars, cinemas and other places of recreation shall install in their business establishments clearly-visible warning signs against gender-based public spaces sexual harassment, including the anti-sexual harassment hotline number in bold letters, and shall designate at least one (1) anti-sexual harassment officer to receive gender-based sexual harassment complaints. Security guards in these places may be deputized to apprehend perpetrators caught in?flagrante delicto?and are required to immediately coordinate with local authorities.
Section 13.?Gender-Based Sexual Harassment in Streets and Public Spaces Committed by Minors.?- In case the offense is committed by a minor, the CSWDO shall take necessary disciplinary measures as provided for under Republic Act No. 9344, otherwise known as the "Juvenile Justice and Welfare Act of 2006".
Section 14.?Gender-Based Online Sexual Harassment.?- Gender-based online sexual harassment includes acts that use information and communications technology in terrorizing and intimidating victims through physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages, invasion of victim's privacy through cyberstalking and incessant messaging, uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or video with sexual content, any unauthorized recording and sharing of any of the victim's photos, videos, or any information online, impersonating identities of victims online or posting lies about victims to harm their reputation, or filing, false abuse reports to online platforms to silence victims.
Section 15.?Gender-Based Sexual Harassment in the Workplace.?- The crime of gender-based sexual harassment in the workplace includes the following:
(a) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual's employment or education, job performance or opportunities;
(b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems;
(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient:?Provided,?That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and
(d) Information and communication system refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or electronic documents.
Section 16.?Gender-Based Sexual Harassment in Educational and Training Institutions. - All schools, whether public or private, shall designate an officer-in-charge to receive complaints regarding violations of this Act, and shall, ensure that the victims are provided with a gender-sensitive environment that is both respectful to the victims' needs and conducive to truth-telling.
Every school must adopt and publish grievance procedures to facilitate the filing of complaints by students and faculty members. Even if an individual does not want to file a complaint or does not request that the school take any action on behalf of a student or faculty member and school authorities have knowledge or reasonably know about a possible or impending act of gender-based sexual harassment or sexual violence, the school should promptly investigate to determine the veracity of such information or knowledge and the circumstances under which the act of gender-based sexual harassment or sexual violence were committed, and take appropriate steps to resolve the situation. If a school knows or reasonably should know about acts of gender-based sexual harassment or sexual violence being committed that creates a hostile environment, the school must take immediate action to eliminate the same acts, prevent their recurrence, and address their effects.
Once a perpetrator is found guilty, the educational institution may reserve the right to strip the diploma from the perpetrator or issue an expulsion order.
The Committee on Decorum and Investigation (CODI) of all educational institutions shall address gender-based sexual harassment and online sexual harassment in accordance with the rules and procedures contained in their CODI manual.
Section 17.?Remedies and Psychological Counselling. - A victim of gender-based street, public spaces or online sexual harassment may avail of appropriate remedies as provided for under the law as well as psychological counselling services with the aid of the LGU and the CSWDO, in coordination with the City Health Office and the PCW. Any fees to be charged in the course of a victim's availment of such remedies or psychological counselling services shall be borne by the perpetrator.
ARTICLE 4
Child Prostitution and Other Sexual Abuse,
Obscene Publication and Indecent Shows
Section 18. Children, whether male or female, who for money, profit, or any other consideration or due to the 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.
Section 19. It shall be prohibited for any person/persons to do or perform the following acts or things:
To engage in or promote, facilitate, or induce prostitution which include, but are not limited to the following:
(1) Acting as procurer of a child prostitute by means of written or oral advertisements or other similar means;
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;
(3) Entering into relationship with or taking advantage of a child as prostitute;
4) Threatening or using violence towards a child to engage him or her as a prostitute or participant in indecent shows;
5) Giving monetary consideration, goods, or other pecuniary benefit to a child with the intent to engage in child prostitution.
6) To hire, employ, use, persuade, coerce, or force a child, whether live or on video, to pose or model in obscene publications or pornographic materials.
7) To hire, employ, use, persuade, induce, extort, engage, permit, influence, recruit, transport or coerce a child to perform or participate in whatever way in the creation or production of any form of child sexual abuse or exploitation materials or;
8) To direct, manufacture, facilitate, or create any form of child sexual abuse or exploitation materials, or participate in the production, direction, manufacture, facilitation or creation of the same;
9) To offer, publish, broadcast, sell, distribute, advertise, promote, distribute export, or import, by any means, any form of child sexual abuse or exploitation materials;
10) To provide a venue for the commission of prohibited acts under this section such as dens, private rooms, cubicles, cinemas, houses, private homes, or other establishments;
11) To engage in the luring or grooming of a child and willfully subscribe, join, donate to, or support an internet site that hosts the streaming or live-streaming of child sexual abuse and exploitation
Any sexual, abusive and exploitative acts done to and by a child, regardless of consent, by any adult, syndicate or groups with the?use of information and communication technologies, are deemed to be children sexually abused?online.
Section 20. All establishments or enterprises that promote or facilitate child prostitution and sexual abuse and exploitation, obscene publications and indecent shows, and other acts of abuse shall be immediately closed and their authority or license to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Ordinance and other applicable laws.
Section 21. All establishments such as Hotels, Sauna Baths, Motels, Nightclubs, Bars, and Pubs shall be required to post notices against child abuse as requisite to renewal/approval of business license.
ARTICLE 5
Expanded Anti-Trafficking in Persons
Section 22. Declaration of Policy. - it is the policy of the City Government of Pagadian to recognize the equal and inalienable rights and inherent human dignity of all members of the human family. It shall give highest priority to the enactment of measures and development of programs that will promote human dignity, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude of persons.
Pursuant to Republic Act No. 11862, human trafficking, among others, includes recruitment?for sex tourism, recruitment for organ removal and recruitment of a child in armed activities abroad.
Section 23. Definition of Terms. - As used in this Article, the following terms and/or phrases shall mean, as follows:
(a) Trafficking in Persons - refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others, or the engagement of others for the production or distribution, or both, of materials that depict child sexual abuse or exploitation, or other forms of sexual exploitation, forced labor or services, slavery, servitude, or the removal or sale of organs.
The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative purposes, shall also be considered as 'trafficking in persons' even if it does not involve any of the means set forth in the preceding paragraph. x x
(b) Sexual Exploitation - refers to any means of actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes or lewd designs, including profiting monetarily, socially, or politically from the sexual exploitation of another, regardless of whether or not consent was given. x x x
(c) Pornography - refers to any representation through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person primarily for sexual purposes:?Provided,?That when a child is involved, the material shall be considered child sexual abuse and exploitation material as defined under paragraph (m) of this section. x x x
(d) Child Laundering - refers to an act of stealing and selling a child to adopting parents under false pretenses and using schemes such as falsifying the child's details or manipulating the child's origins to make the child appear an orphan or foundling.
(e) Child Sexual Abuse and Exploitation Material or Child Sexual Abuse Material (CSAEM or CSAM) - refers to photos, images, videos, recordings, streams, or any other representation or form of media, depicting acts of sexual abuse and exploitation of a child or representation of a child as a sexual object, whether or not generated digitally or by, through, and with the use of information and communications technology. It shall also include materials that focus on real or simulated genitalia or other private body parts of a child.
(f) Communications - refer to any spoken or written conversations, exchanges, discussions, data, information, or messages for interception.
(g) Computer System - refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities including computers and mobile phones. The device consisting of hardware and software may include input, output process, and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.
(h) Computer and Other Computer-Related Devices - refer to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities, including computers and mobile phones.
(i) Data - refers to both:
(1) Content Data - the substance, meaning or purport of the communication, or the message or information being conveyed by the communication, other than traffic data; and
(2) Traffic Data or Non-Content Data - any computer data other than the content of the communication, including the communication's origin, destination, route, time, date, size, duration, or type of underlying service.
(j) Information and Communications Technology (ICT) - refers to the totality of electronic means to access, create, collect, store, process, receive, transmit, present, and disseminate information.
(k) Interception - refers to the act of listening to, recording, monitoring, or surveillance of the content of communications, including procuring of the content data, either directly, through access and use of a computer system, or through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.
(l) Internet Intermediaries - refer to a natural or juridical person, or entity that provides infrastructure, platforms, access to host, transmit and index content, products and services originated by third parties on the internet. It includes among others:
(1) Internet Service Providers (ISPs);
(2) Data processing and web hosting providers including domain name registrars;
(3) Internet search engines and portals;
(4) E-commerce intermediaries;
(5) Internet payment system providers, whether supervised by the Bangko Sentral ng Pilipinas (BSP) or not; and
(6) Participative network platform providers or social media intermediaries.
(m) Subscriber's or Registrant's Information - refers to any information contained in the form of computer data or any other form that is held by internet intermediaries, relating to the subscribers or registrants who avail of services, other than traffic or content data, and by which any of the following can be established:
(1) The type of communication service used, the technical provisions taken thereto, and the period of service;
(2) The subscriber's or registrant's identity, postal or geographic address, telephone and other access number, any assigned network address, billing, and payment information that are available on the basis of the service agreement or arrangement; or
(3) Any other available information on the site of the installation of communication equipment that is available on the basis of the service agreement or arrangement.
(n) Tourism Enterprises - refer to facilities, services, and attractions involved in tourism, such as travel and tour services; health, wellness, and medical tourism services; tourist transport services, whether for land, sea or air transportation; tour guides; adventure sports services involving sports, such as mountaineering, spelunking, scuba diving, and other sports activities of significant tourism potential; convention organizers; accommodation establishments, including hotels, resorts, apartelles, tourist inns, motels, pension houses, and home stay operators; and tourism estate management services, restaurants, shops and department stores, sports and recreational centers, spas, museums and galleries, theme parks, convention centers, and zoos.
(o) Online Sexual Abuse and Exploitation of Children (OSAEC) - refers to the use of digital or analog communication and ICT as means to abuse and exploit children sexually, which includes cases in which contact child abuse or exploitation offline is combined with an online component. This can also include the production, dissemination, and possession of CSAEM or CSAM; online grooming of children for sexual purposes; sexual extortion of children; sharing image-based sexual abuse; commercial sexual exploitation of children; exploitation of children through online prostitution; and live-streaming of sexual abuse, with or without the consent of the victim."
Section 24.?It shall be unlawful for any person, natural or juridical, to commit by means of a threat, or use of force, or other forms of coercion, or through abduction, fraud, deception, abuse of power or of position, or through taking advantage of the vulnerability of the person, or by giving or receiving of payment or benefit, to obtain the consent of a person having control over another person, any of the following acts:
(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual abuse or exploitation, production, creation, or distribution of CSAEM or CSAM, forced labor, slavery, involuntary servitude, or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 10906 or the Anti-Mail Order Spouse Act, any Filipino to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; x x x
(c) To adopt or facilitate the adoption of persons with or without consideration for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage, or to facilitate illegal child adoptions or child-laundering, or for other exploitative purposes;
(d) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive, or abduct a person, for the purpose of removal or sale of organs of said person;
(e) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive, or adopt a child to engage in armed activities or participate in activities in the context of an armed conflict in the Philippines or abroad;
(f) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide, or receive a person by means defined in Section 3 of this Act for purposes of forced labor, slavery, debt bondage and involuntary servitude, including a scheme, plan, or pattern intended to cause the person either:
(1) To believe that if the person did not perform such labor or services, he or she or another person would suffer serious harm or physical restraint; or
(2) To abuse or threaten the use of law or the legal processes;
(g) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt, or receive a child for purposes of exploitation or trading them, including the act of buying or selling a child, or both for any consideration or for barter for purposes of exploitation. Trafficking for purposes of exploitation of children shall include:
(1) All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage, and forced labor, including recruitment of children for use in armed conflict;
(2) The use, procuring or offering of a child for prostitution, for the production of CSAEM or CSAM, or for pornographic performances;
(3) The use, procuring or offering of a child for the production and trafficking of drugs; and
(4) The use, procuring or offering of a child for illegal activities or work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals;
(h) To organize, provide financial support, or direct other persons to commit the offenses defined as acts of trafficking under this Act; and
(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive, or adopt a child for deployment abroad as migrant worker.
Provided,?that when the victim is a child, the means to commit these unlawful acts as enumerated in the first paragraph of this section shall not be necessary:?Provided, further, That in the case of overseas domestic work, a 'child' means a person below twenty-four (24) years old.
Section 25. The following acts which promote or facilitate trafficking in persons shall be unlawful:
(a) To knowingly lease or sublease, use, or allow to be used any house, building, tourism enterprise, or any similar establishment; or any vehicle or carrier by land, sea, and air; or any of their computer system or computer hardware, other computer-related devices, or any of their digital platform and application, for the purpose of promoting trafficking in persons;
(b) To produce, print and issue, or distribute unissued, tampered, or fake passports, birth certificates, affidavits of delayed registration of births, foundling certificates, travel clearances, counseling certificates, registration stickers, overseas employment certificates or other certificates of any government agency which issues these certificates, decals, and such other markers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;
(c) To facilitate, assist, or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports, knowing they are not in possession of required travel documents, or are in possession of tampered, fake, or fraudulently acquired travel documents, for the purpose of promoting trafficking in persons;
(d) For internet intermediaries to knowingly or by gross negligence allow their internet infrastructure to be used for the purpose of promoting trafficking in persons;
(e) For internet cafes, kiosks, and hotspots, including establishments offering Wi-Fi access services to the public, to knowingly or by gross negligence allow their facilities to be used for the purpose of promoting trafficking in persons;
(f) For financial intermediaries, including banks and credit card companies and money transfer or remittance centers, to knowingly or by gross negligence allow their services, online platform and applications, among others, to be used for the purpose of promoting trafficking in persons;
(g) To knowingly or by gross negligence facilitate, assist, or help in the entry into the country of persons who are convicted sex offenders whether at international and local airports, territorial boundaries, and seaports for the purpose of promoting trafficking in persons; or
(h) To arrange, facilitate, expedite, or cause the introduction or encounter of persons who are suspected or convicted sex offenders in any jurisdiction, to a child. The actual introduction or encounter need not occur to be liable under this provision. It is enough that there is a deliberate attempt to cause the introduction or encounter."
Section 26.?The following shall be considered as qualified trafficking:
(a) When the trafficked person is a child:?Provided,?that acts of online sexual abuse and exploitation of children shall be without prejudice to appropriate investigation and prosecution under other related laws;
(b) When the offender, commits one or more acts of trafficking under Section 4 over a period of at least sixty (60) days, whether those days are continuous or not;
(c) When the offender, or through another, directs or manages the actions of a victim in carrying out the exploitative purpose of trafficking;
(d) When the crime is committed during a crisis, disaster, public health concern, pandemic, a humanitarian conflict, or emergency situation, or when the trafficked person is a survivor of a disaster or a human-induced conflict;
(e) When the trafficked person belongs to an indigenous community or religious minority and is considered a member of the same;
(f) When the trafficked person is a Person With Disability (PWD);
(g) When the crime has resulted in pregnancy;
(h) When the trafficked person suffered mental or emotional disorder as a result of being victim of trafficking; or
(i) When the act is committed by or through the use of ICT or any computer system.
Section 27. The City Government of Pagadian shall pass an ordinance to combat trafficking in persons and other forms of exploitation at the local level; and develop and implement, through the LCPC, a trafficking in persons preventive education program aimed at educating and orienting the public about the crime and how it is perpetrated in current society, and the services available for victims and survivors. It shall also develop and implement programs to prevent trafficking in persons, monitor and document cases of trafficking in persons, and provide support to victims of trafficking on persons including their subsequent rehabilitation and re-integration.
It may seek and enlist the assistance of NGOs, people's organization, civic organizations and other volunteer groups.
ARTICLE 6
Attempt to Commit Child Trafficking
Section 28. There is an attempt to commit child trafficking:
A) When a child, below 15 years old, travel alone to or from Pagadian City without clearance issued by the City Social Welfare and Development Office (CSWDO) or written permit or justification from the child's parents or legal guardian.
(B) When a pregnant mother, father, or guardian executes an affidavit of consent for adoption for a consideration; or consents, participates, or in any manner causes the registration of the birth of such child in the name of another with or without consideration;
(C) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking;
(D) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person stimulates birth for the purpose of child trafficking;
(E) When a person engages in the act of finding children among low- income families, hospitals, clinics, nurseries, day-care centers, or other caring institutions who can be offered for the purpose of child trafficking; or
(F) When any person, authority, agency, or institution witnesses who have knowledge but fails to report transactions related to circumstances in child trafficking.
ARTICLE 7
Prohibition of Child Marriage
Section 29. the City Government of Pagadian recognizes the vital role of the youth in nation building and promotes and protects their physical, moral, spiritual, intellectual and social well-being. As such, traditional and cultural practices and structures that perpetuate discrimination, abuse and exploitation of children such as the practice of child marriage shall be prohibited.
Section 30.?Definition of Terms.?- As used in this Article, the following terms and/or phrases shall mean, as follows:
(a) Child refers to any human being under eighteen (18) years of age, or any person eighteen (18) years of age or over but who is unable to fully take care and protect oneself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;
(b) Child marriage refers to any marriage entered into where one or both parties are children as defined in the paragraph above, and solemnized in civil or church proceedings, or in any recognized traditional, cultural or customary manner. It shall include an informal union or cohabitation outside of wedlock between an adult and a child, or between children;
(c) Guardians refer to relatives or individuals taking custody of a child in the absence of the parents, or anyone to whom a child is given or left for care or custody, whether permanent or temporary; or persons judicially appointed by a competent court as guardians;
(d) Parents refer to biological parents or adoptive parents; and
(e) Solemnizing officers refers to any person authorized to officiate a marriage under Executive Order No. 209, otherwise known as "The Family Code of the Philippines," or recognized to celebrate marriages by reason of religion, tradition, or customs.
Section 31.?Unlawful Acts.?- The following are declared unlawful and prohibited acts:
(a)? Facilitation of Child Marriage.?- Any person who causes, fixes, facilitates, or arranges a child marriage or who produces, prints, issues and/or distributes fraudulent or tampered documents such as birth certificates, affidavits of delayed registration of birth and/or foundling certificates for the purpose of misrepresenting the age of a child to facilitate child marriage or evade liability;
(b)? Solemnization of Child Marriage.?- Any person who performs or officiates a child marriage; and
(c)? Cohabitation of an Adult with a Child Outside Wedlock.?- An adult partner who cohabits with a child outside wedlock.
Section 32. The LCPC shall ensure continuing consultations with women, girls, and youth organizations as well as CSOs, whose full and active participation shall be guaranteed in every step and stage of decision-making processes.
ARTICLE 8
Other Acts and/or Conditions Prejudicial to the Child's Development
Section 33. It shall be unlawful for any person to sell to minors with liquors, cigarettes, illegal drugs, rugby and other items which are detrimental to the health or development of the child.
Section 34. All establishment selling liquors or cigarettes shall be required to post notices or warning signs that ban selling of liquor and cigarettes to children as a condition for the approval/renewal of their business license.
Section 35. Amid the introduction into the street culture of the use of chemical compound/solvent commonly known as "rugby" as an alternative to mind altering drugs, there is a need to regulate the sale of such chemical compound to prevent the damage it can cause to the users thereof and contribute to the maintenance of peace and order.
It shall likewise be unlawful for any person or owner of hardware store/establishment to sell or to dispense solvent or "rugby" to any minor, unless said minor is accompanied by his/her parents or guardian.
Section 36. Definition of Terms. - The terms, for the purpose of this Article, are defined as follows:
Minor refers to any person whose age is below 18 years old;
Rugby refers to a liquid chemical compound used as adhesive in making, repairing shoes/furniture, and other purposes with an odor akin to petroleum products which can alter the state of mind when sniffed;
Hardware store or establishment refers to any store or establishment, licensed or unlicensed, selling rugby;
Dispense means to sell, distribute, deal out, or give away with or without monetary consideration;
Owner licensee or owner of the hardware store or establishment refers to the proprietor, president, manager, or any other name referring to the owner.
ARTICLE 9
Regulation on Children's Exposure to Commercial Video Games
Section 37. Internet cafes or shops shall be prohibited to allow children to use and/or access internet in their shops or cafes during school hours unless the child is accompanied by his/her parent or guardian.
ARTICLE 10
Employment of Children
Section 38. Employment of Children below 18 years old shall require Department of Labor and Employment (DOLE) registration subject to compliance to work conditions allowed in the Labor Code and the minimum requirements as stated in Sec. 12 of RA 7610.
Section 39. The City Government of Pagadian shall prohibit the employment of children in certain advertisements. No person, natural or juridical, shall be allowed to employ or engage a child or children in order to model for commercials or advertisements that promote alcoholic beverages, intoxicating drinks, tobacco and its by- products, junk foods, and/or the depiction of violence.
ARTICLE 11
Pagadian City Local Council for the Protection of Children (LCPC)
Section 40. The Pagadian City Local Council for the Protection of Children (LCPC) is hereby created as the policy- making and planning body of the City Government of Pagadian on programs and activities promoting the welfare of children and protecting their rights. It shall also serve as the evaluator of all programs, projects, and policies affecting the children of Pagadian.
Section 41. Definition of Terms. - As used in this Article, the following terms and/or phrases shall mean, as follows:
Children persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental impairment or condition;
Pagadian City LCPC for the Welfare and Protection of Children;
CAO the Children Affairs Office;
BCPC the Barangay Council for the Protection of Children;
CWC the Council for the Welfare of Children.
Section 42. The LCPC shall be composed of the following: (DILG Guidelines/EO Composition)
Chairperson - City Mayor
Co-chairperson - Chairperson, SP Committee on Women and Family Welfare
Members: City Administrator
City Planning and Development Coordinator (CPDC)
City Health Officer (CHO)
City Nutrition Action Officer (CNAO)
City Social Welfare and Development Officer (CSWDO)
City Local Government Operations Officer (CLGOO)
The members may designate a permanent alternate member to represent in the meetings and activities.
Section 43. The Pagadian City LCPC shall have the following functions:
(A) Adopt plans, programs, and policies for children that are gender-fair, culturally relevant, and responsive to the needs of diverse groups of children 0 to below 1-8 years of age;
(B) Prepare Annual Work and Financial Plan for programs on children;
(C) Recommend provision of appropriations on children's programs to the Sangguniang Panlungsod of Pagadian;
(D) Recommend local legislations promoting child survival, protection, participation, and development, especially on the quality of television shows, media prints, and coverage which are detrimental to children, and with appropriate funding support;
(E) Provide coordinative linkages with other agencies and institutions in the planning, monitoring, and evaluation of plans for children;
(F) Advocate for the establishment and maintenance of playgrounds, educational centers, and other facilities necessary for child and youth development;
(G) Monitor and evaluate the implementation of the program and submit quarterly status reports;
(H) Performs such other functions as provided for in the ECCD and other child related laws. In the performance of its functions, the LCPC may request the assistance of any other offices within the City Government of Pagadian and may seek out wider stakeholders' participation to accomplish the objectives and purposes of this Article.
ARTICLE 12
Child Safety in Motor Vehicles
Section 44. to ensure the safety of children while being transported in any form of motor vehicle, including the guarantee to safety and welfare of infants and children and prevent traffic-related deaths and injuries, the City Government of Pagadian shall adopt appropriate safety measures including proper care and special protection from all forms of conditions including exposure to safety risk while aboard motor vehicles.
Section 45. Definition of Terms. - As used in this Article, the following terms and/or phrases shall mean, as follows:
(a) Adult refers to any person eighteen (18) years old and above;
(b) Child refers to any person twelve (12) years old and below;
(c) Covered vehicle refers to any private motor vehicle or public motor vehicle upon the determination of the Department of Transportation (DOTr) in accordance with Section 12 of this Act;
(d) Motor vehicle shall refer to both private and public motor vehicles. The term shall not include the tricycle and motorcycle;
(e) Private motor vehicle shall refer to any of the following:
(1) Any motor vehicle owned by individuals and juridical persons for private use;
(2) Any motor vehicle owned by the National Government or any of its agencies, instrumentalities or political subdivisions, including government-owned or -controlled corporations or their subsidiaries for official use; and
(3) Any diplomatic vehicle.
(f) Public motor vehicle shall refer to public utility vehicle or vehicle for hire;
(g) Driver refers to the individual operating a motor vehicle; and
(h) Child Restraint System refers to a device, approved in accordance with Section 6 of this Act, capable of accommodating a child occupant in a sitting or supine position. It is so designed as to diminish the risk of injury to the wearer, in the event of a collision or of abrupt deceleration of the vehicle, by limiting the mobility of the child's body.
Section 46.?Mandatory Use of Child Restraint System in Motor Vehicles.? - It shall be unlawful for the driver of a covered vehicle not to properly secure at all times a child, in a child restraint system while the engine is running or transporting such child on any road, street or highway unless the child is at least one hundred fifty (150) centimeters or fifty-nine (59) inches in height and is properly secured using the regular seat belt. The child restraint system shall be appropriate to the child's age, height and weight, and approved in accordance with Section 6 of this Act. The requirements of this section shall not apply to circumstances where the child restraint system would put such child in a greater danger, such as:
(1) During medical emergencies;
(2) When the child transported has a medical or developmental condition; or
(3) Other analogous circumstances prescribed under the implementing rules and regulations (IRR).
Notwithstanding the child being secured in a child restraint system, at no instance shall such child be left unaccompanied by an adult in a motor vehicle.
Section 47.? No child twelve (12) years and below of age shall be allowed to sit in a front seat of a motor vehicle with a running engine or while such child is being transported on any road, street or highway, unless the child meets the height requirement of 150 cm or 59 inches in height.
ARTICLE 13
Promoting Positive Discipline of Children
Section 48. In line with the provisions of RA 11908, the City Government of Pagadian shall establish a Parent Effectiveness Service Program through the development of modules and seminars, spearheaded by the CSWDO which will assist all parents and parent-substitutes in strengthening their knowledge and skills in responding to their parent duties and responsibilities, promote and protect children's rights, foster positive early childhood development, and advance their educational.
Section 49. This Article is enacted to impose upon parents, teachers, guardians, and all persons legally responsible for the care and custody of the child the preservation and protection of the latter's dignity and welfare at all times to the end that the child becomes a useful and active member of the society.
Section 50. Definition of Terms. - The following terms as used in this Article shall mean as follows:
"Child" refers to a person who is below eighteen (18) years of age, or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition;
"Corporal punishment" refers to punishment or penalty for an offense or imagined offense, and/or acts carried out to discipline, train or control a child, inflicted by an adult or by another child, which result in or likely to result in physical maltreatment or psychological harm or suffering to the child;
"Physical maltreatment" refers to punishment or penalty which causes bodily harm, including but not limited to the following:
Blows to any part of a child's body, with or without the use of an instrument such as a cane, shoes, broom, stick, whip, or belt, through acts such as not limited to, (1) beating, (2) kicking, (3) hitting, (4) slapping, or (5) lashing;
Acts perpetrated as a form of punishment for an offense Committed by the child, such as but not limited to (1 ) Pinching, (2) pulling ears or hair, (3) shaking, (4) twisting joints, (5) cutting and shaving hair, or (6) dragging or throwing a child;
Forcing a child, through the use of power, authority or threats, to perform physically painful or damaging acts, such as but not limited to (1) holding a weight or weights for an extended period, (2) kneeling on salt, seeds, stones, or pebbles, (3) squatting, or (4) standing or sitting in a contorted position;
Bringing the child in contact with or exposure to, as punishment or for the purpose of discipline, external substances, such as burning or freezing materials, water, smoke, pepper, alcohol, excrement, urine, or other dangerous or unhygienic substances causing certain degree of suffering, however light;
Asking a child to do tasks such as sweeping, digging, and standing under extreme weather conditions such as heat and rain, as punishment for an infraction or misdeed, or unprotected cleaning of toilets; the usual cleaning and beautification of school surroundings shall not be considered as punishment to students;
Confinement, including being shut in a confined space or material, tied up, hung in a sack or forced to remain in one position for an extended period of time;
Any other physical act perpetrated on a child's body, for the purpose of punishment or discipline, intended to cause some degree of pain or discomfort, however light;
"Psychological harm or suffering" refers to acts or omissions causing mental or emotional suffering to the child, such as but not limited to:
Deliberate neglect of a child's mental, emotional, physical, social, and spiritual needs when said neglect is intended as punishment;
Verbal Abuse which consists of scolding, swearing, Yelling, blaming, insulting, ridiculing, demeaning, and criticizing through the use of harsh, angry, and derogatory words or remarks;
Making a child look or feel foolish in front of one's peers and/or the public;
Other acts or omissions which belittle, humiliate, blame, ignore, or isolate the child.
"Foster parents" refer to persons duly licensed by the Department of Social Welfare and Development (DSWD) to provide planned, temporary, and substitute parental care to children.
"Guardians" refer to judicially appointed guardians and other persons, including relatives, with physical custody of the child.
"Parents" refer to biological parents, step parents, adoptive parents, and
the common-law spouse or partner of the parent.
Persons legally responsible for the child, including those exercising special or substitute parental authority shall refer to the following, in default of parents or a judicially appointed Guardian, and in the order indicated:
The surviving grandparent;
The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
"Positive discipline" refers to an approach to parenting that teaches children and guides their behavior, while respecting their rights to healthy development, protection from violence, and participation in their learning. The positive and non-violent approach of disciplining a child shall include, but not be limited to, the following:
"Beat-the-Clock" which refers to a motivational technique that uses the child's competitive nature to encourage completion of tasks on parent's timetable;
"Grandma's Rule" which refers to a contractual agreement that allows a child to do what the child pleases as soon as what the parent wants has been accomplished;
"Neutral Time which refers to the taking advantage of time that is free from conflict, such as the time after a tantrum has passed and the child is calm and receptive, to teach new behavior to the child;
"Praise" referring to a verbal recognition of a behavior that a parent wants to reinforce;
"Reprimand" referring to statements that include a command to stop the behavior, a reason why the behavior should stop, and an alternative to the behavior;
"Rule" which refers to a pre-determined behavioral expectation that includes a stated outcome and consequence;
"Time Out" or to take the child out of a situation because Of inappropriate behavior, making the child face a blank Wall for several minutes or until the child calms down, Child will be turned over to the principal or to the prefect of discipline;
"Responsibility Building" which refers to making a child perform age-appropriate simple household chores.
"Service providers" refer to any person who, in a residential or nonresidential setting, provides services to children. These include social workers, center administrators and personnel, house parents, health service providers, day care workers, volunteers, security guards in schools and centers, guards in a youth detention home, law enforcement officers, barangay officials and tanods, and jail officers.
"Teachers and school officials and administrators" refer to persons exercising authority over students, including guidance counselors, prefect of discipline, physical education instructors, school personnel, scout masters, and Citizenship Advancement Training (CAT) and Citizen Military Training (CMT) or Reserved Officer's Training Corps (ROTC) commandants, tactical officers, and student officers.
"Yayas, housemaids, and caregivers" refer to domestic workers with direct contact with the child
"Institutions" refer to residential and nonresidential child- caring agencies, including youth homes, youth rehabilitation centers, drop-in centers, temporary shelters and orphanages, and churches or religious centers, including places of worship and parish centers.
Section 51. Corporal punishment of children as defined above is hereby prohibited.
Parents, yayas, house helpers and caregivers, foster parents, guardians, relatives who have custody of the child, or other persons legally responsible for the child, including those exercising special or substitute parental authority, school teachers, personnel, and officers of both public and private academic and vocational institutions, employers and supervisors, service providers, priests, nuns, pastors and other members of religious congregations or churches, or any other person under whose care the child has been entrusted to cannot and shall not inflict corporal punishment on the child.
If the act of corporal punishment is committed by another child, the offending child shall undergo the proper procedure under R.A. No. 9344.
Section 52. A comprehensive program shall be formulated and implemented to promote positive and non-violent discipline as an alternative to corporal punishment of children. A continuing information dissemination campaign regarding its benefits and techniques shall be conducted in the 54 barangays of Pagadian City and in educational and child-caring institutions therein. The BCPC, in coordination with the CSWDO, will be the primary implementing arm in the conduct of trainings per Barangay and will submit semi-annual reports to the LCPC to assess the implementation of this Article.
Section 53. All cases of corporal punishment or humiliating or degrading punishment of children brought to the Barangay or the police, or a healthcare provider, shall be reported to the local social welfare and development office within eight (8) hours from the time of the complaint, without prejudice to the continuation of the investigation or the filing of the appropriate criminal case. Failure to report within the prescribed period shall be a ground for administrative action against the barangay official, police officer, or healthcare provider.
Section 54. Any person who, in good faith, intervenes without using violence or restraint necessary to ensure the safety of the child victim, shall not be liable for any criminal or civil liability resulting therefrom. Concerned individuals may also seek assistance from barangay authorities for appropriate action.
Section 55. The following agencies shall participate in the implementation and enforcement of this Article:
(A) The CSWDO shall:
(1) Undergo training on children's rights as framework on positive discipline orientation and adopt and implement programs and services to promote the positive discipline of children and the prevention of the use of corporal punishment and humiliating or degrading forms of punishment of children;
(2) Establish an intervention program which shall include counseling, anger management, and referrals to other rehabilitative services for the offender and the victim;
(3) They shall also provide other assistance such as psychological interventions for the child and family, protective custody, temporary placement for the child, medical and legal services and seminars on children's rights to positive and non-violent discipline of children.
(4) A topic on non-violent and positive approaches to child discipline shall be included in the Parent Effectiveness Service (PES) Program of the DSWD.
(B) The LCPC and the BCPC shall support programs by taking the lead in the conduct of information dissemination regarding the promotion of positive and non-violent discipline of children, prevention of the use of corporal punishment and humiliating or degrading forms of punishment on children, and the formulation of the necessary response to such cases.
(C) The Sangguniang Kabataan (SK) shall undergo training on children's rights and other laws pertaining to children and youth and shall adopt and include in its programs and services the prevention of corporal punishment and humiliating or degrading punishment of children.
ARTICLE 14
Curfew for Minors
Section 56. It is in the best interest of public order and safety to regulate the movement of minor children during nighttime by setting disciplinary hours to protect them from neglect, abuse, cruelty, exploitation, and other conditions prejudicial or detrimental development.
Section 57. Definition of Terms. - The following words and phrases, whenever used in this Article, shall be construed as defined in this section:
(A) Barangay Council for the Protection of Children (BCPC) - refers to the Barangay Council that is in-charge of formulating guidelines for the protection of children, conduct of counselling sessions for the minors, parent/s or guardian/s; and coordination with proper government institution/s or agency for the general welfare of the minor found to be in violation of this ordinance.
(B) Children at Risk a child or children who is/are vulnerable to and at the risk of committing criminal offenses because of personal, family, and social circumstances including those who suffered abuse, exploited, abandoned, out-of-schools, street children, gangsters, etc.
(C) Curfew Hours the hours from 10 o'clock in the evening up until 4 o'clock in the morning of the next day;
(D) Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action, including, but is not limited to: fire, natural disaster, vehicular accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life;
(E) "Guardian" means:
(1) A person who, under court order, is the guardian of the minor;
(2) A public or private agency with whom a minor has been placed for custody by a court;
(3) A person in charge of the custody or who is taking care of a minor, whether relative or not; or
(4) A person at least eighteen (18) years of age and authorized by a parent or guardian to accompany a minor in a public place or to have the care and custody over him/her;
(F) Habitual Violator refers to minor/s who frequently or repeatedly violates this Article;
(G) Law Enforcement Officer refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod;
(H) Minor means any person under eighteen (18) years of age;
(I) Parent refers to either biological and adoptive parents who have actual custody of or living together with the minor children;
(K) "Public Place" means a place located in the City of Pagadian where the general public, or a substantial group of people, have access, including, but not limited to: streets, highways, sidewalks, parking lots, vacant lots, parks, and the common areas in and about churches, apartment buildings, office buildings, hospitals, schools, shops and places of entertainment such as movie theaters, and similar places or establishments;
(L) Residence means the house or place wherein the minor/s and his/her parent/s or guardian/s actually lives;
(M) Remain means to linger or stay, as well as to refuse to leave when requested to do so by a police officer, barangay officials, or the owner or other person in control of a public place. This term also encompasses activities which may be mobile, such as walking, driving, and riding about in a public place;
Barangay Officials refers to those elected officials, including barangay tanods;
Lingap Center refers to a center established by the City Government of Pagadian to care for the neglected female children;
Counselling for purposes of this Article means a service offered to an individual or minor who is having development and/or emotional problem/s, including psycho-social problems. It involves active listening and emphatic understanding by a trained barangay, police, and other lay leaders tasked to conduct counselling and/or mentoring.
Section 58. Prohibited Activities:
All minor children are prohibited to roam around, loiter, wander, stay, or meander in all public places during curfew hours from 10:00 o'clock in the evening until 4 o'clock in the morning of the next day whether individually or in groups without lawful purpose or justifiable reasons;
It shall be unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow the minor to remain in any public place within the city during curfew hours.
Section 59. Exemptions. - Minor children under the following circumstances shall not be covered by the provisions of this Article:
When the minor is accompanied by the minor's parent or guardian;
Those on their way to or from a party, graduation ceremony, religious mass, and/or other extra-curricular activities of their school or organization wherein their attendance are required or otherwise indispensable, or when such minors are out and unable to go home early due to circumstances beyond their control as verified by the proper authorities concerned;
When the minor is out in the street during the prohibited period for such purposes like doing some errand at the instance of his/her parent/s, guardian/s or relative/s; PROVIDED, that such minor is authorized to do so with/under a written and signed note/certification by any of the above-mentioned persons who allowed him/her to go out at night during curfew hours for legitimate purposes or errands; PROVIDED FURTHER, that such minor shall not loiter after performing his/her errand/s;
Those attending to, or in experience of, an emergency situation such as conflagration, earthquake, hospitalization, road accident, law enforcers encounter, and similar incidents;
When the minor is engaged in an authorized employment activity, or going to or returning home from the same, without any detour or stop;
When the minor is in a motor vehicle travelling accompanied by an adult;
When the minor is involved in an emergency;
When the minor is on the sidewalk next to his/her residence provided that the latter does not complain to the authorities about the minor's presence;
When the minor is out of his/her residence attending an official school, religious, recreational, educational, social, community or other organized activity sponsored by the city, barangay, school or other similar private civic/religious organization/ group recognized by the community that supervises the activity or when the minor is going to or returning home from, without any detour or stop, including declared holidays;
When the minor can present papers certifying that he/she is a student and was dismissed from his/her class/es late in the evening or that he/she is a working student.
Section 60. The parent/s or guardian/s who are in actual custody of or living together with the minor are hereby mandated to supervise the conduct and activities of the child and see to it that the latter are already at home prior to and until after the occurrence of the curfew hours.
Section 61. Any person who has personal knowledge of any minor roaming unchaperoned during the wee hours as provided above must immediately call the attention of the barangay tanod or police in order to implement the provisions of this Ordinance.
Section 62. The Punong Barangay thru the Barangay Council is strongly encouraged to appoint/designate at least two (2) Female Tanods to handle rescued female minors. It shall be the responsibility of these Female Tanods to ensure proper care and protection of the rescued female minors.
Section 63. For purposes of clarity, the following procedures shall be observed in case a child taken into custody is in conflict with law:
From the moment a child is taken into custody, the law enforcement officer or lady tanod shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her;
(c) Properly identify himself/herself to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing and making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of RA 9344;
(i) Immediately but not later than eight (8) hours after apprehension, turn over the custody of the child to the Social Welfare and Development Office or other accredited NGOs, and notify the child's apprehension. The Social Welfare and Development Officer shall explain to the child and the child's act with a view towards counselling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
(1) Whether handcuffs or other instruments of restraints were used, and if so, the reason for such;
(2) That the parents or guardian of a child, the DSWD, and the PAO have been informed of the apprehension and the details thereof; and
(3) The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination or the failure to submit a child to such examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell.
ARTICLE 15
Anti-Truancy for Elementary Pupils and High School Students
Below 18 years old
Section 64. This Article shall cover the violations herein defined within the territorial jurisdiction of the City of Pagadian.
Section 65. It is a standing policy of administrations of elementary and high schools that students who have incurred successive number of absences or are considered drop-outs. In spite of this, "truants" or students playing hooky, or the so-called "bulakbol" in the dialect, can be seen loitering in public places and entering internet cafes, business establishments, and playing video/computer games and billiards during school hours.
Worse, some students are occasionally found to be involved in prohibited activities during hours that they are supposed to be in school attending their classes. Because of truancy, some students also become victims of street crimes.
This Article, therefore, aims to protect the interests of students for the peace of mind of their parents and guardians, by isolating them from the effects of societal ills that destroy their student life and their future, and also to control and prevent juvenile delinquency. It will apply to elementary pupils and high school students below 18 years old enrolled in public and private schools in Pagadian City.
It is high time that the City Government of Pagadian adopt a truancy system so that the best interests of children whom the government and parents have provided a place in school are protected.
Section 66. Definition of Terms. - The following words and phrases, whenever used in this Article, shall be construed to mean as follows:
"Student" means any elementary and high school student under eighteen (18) years of age enrolled in a public or private school in the City of Pagadian;
"Truant" means a student who is absent from school without valid cause;
"School" means public and private elementary and secondary school in the City of Pagadian;
"School Hours" means the time from 7:00 a.m. to 12:00 noon and from 1:00 to 5:00 p.m. during school days except on a holiday;
"Business Establishment" means internet cafes, computer shops/centers, video shops/centers, billiard halls, Movie houses and other similar entertainment establishments in the City of Pagadian;
"Operator" means the owner, manager, administrator, lessee, or any person who operates and is responsible for the operation of a business establishment;
"Parent" means a person who is a natural parent, adoptive parent, or step-parent of a minor;
"Guardian" means:
A person who, under court order, is the guardian. Of the person of a minor;
A public or private agency with whom a minor has been placed for custody by a court;
A person in charge of the custody or who is taking care of a minor, whether relative or not; or
A person at least eighteen (18) years of age and authorized by a parent or guardian to accompany a minor in a public place or to have the care and custody over him/her.
"Public Place" means a place located in the City of Pagadian where the general public, or a substantial group of people, have access, including, but not limited to, streets, highways, sidewalks, parking lots, vacant lots or any unsupervised place, parks, and the common areas in and about churches, apartment buildings, office buildings, hospitals, schools, shops, and places of entertainment such as movie theaters and similar places and business establishments;
"Linger or Stay" means to loiter or remain, as well as to refuse to leave when requested to do so by a police officer, or the owner or other person in control of a public place. This term also encompasses activities which may be mobile, such as walking, driving, and riding about in a public place or business establishment;
"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
Section 67. Prohibited Activities:
It shall be unlawful for a student to linger, stay, or be in or upon a public place or business establishment during school hours.
It shall be unlawful for a parent or guardian, teacher, and school authorities to knowingly permit, or by insufficient control allow the student to linger or stay in any business establishment or public place within the city during school hours.
It shall be unlawful for an operator of any business establishment to knowingly permit or by insufficient control allow a student to linger or stay and play computer/video, billiards, or other games during school hours.
Section 68. The activities prohibited above shall not be unlawful in the following circumstances:
When the student is in a motor vehicle or other travel in no violation of this Article;
When the student is involved in an emergency;
When the student is going to or from a medical appointment;
When the student has been permitted to leave school campus for some school-related activity and has in his/her possession a valid, school-issued, off-campus permit, letter, or authorization.
ARTICLE 16
Bahay Pag-asa (BPA)
Section 69. Republic Act 9344 as amended by Republic Act 10630, mandates the establishment and operation of Bahay Pag-asa in every province and cities. The Revised Implementing Rules and Regulations of the law states that the DSWD shall develop standards for the establishment and operation of centers called Bahay Pag-asa for Children in Conflict with Law (CICL).
For the City Government of Pagadian, Bahay Pag-asa located at Barangay Lenienza, Pagadian City shall operate as a 24-hour child caring institution to provide short term residential care for children in conflict with the law (CICL) who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
Section 70. The facility will provide intensive intervention in CICL who have committed serious offense or have committed an offense for the second time or often but are not criminally liable as they are 15 years old and below. It shall include an Intensive Juvenile Intervention Support Center in accordance with the requirements of the law.
Section 71. In general, the center is a home, albeit temporary, for CICL where they are helped to appreciate their worth and rebuild their lives. Its operational guidelines is governed by City Ordinance No. 2024-571.
ARTICLE 17
Parent Effectiveness Service (PES) Program
to Strengthen Parental Involvement in their Children's Development
Section 72. In line with the pertinent provisions of RA 11908, known as the "Parent Effectiveness Service Program Act", the City Government of Pagadian shall protect and strengthen the family, promote rights of family or family associations to participate in the planning and implementation of policies and programs that affect them. This article shall primarily cover fathers and mothers of children and parent-substitutes.
Section 73. The City Government of Pagadian shall give priority to parents and/or parent-substitutes with vulnerable children such as but not limited to children at risk, children in conflict with the law, and children who have been exposed to and/or involved in violence in the homes and the communities, solo parents, and/or their parent-substitutes, and adolescent parents and their parents, and/or parent-substitutes.
Section 74. Definition of Terms. - As used in this Article, the following terms and/or phrases shall mean, as follows:
Child?refers to a person below eighteen (18) years of age or a person over eighteen (18) years but is unable to fully take care or protect oneself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or psychosocial disability or condition;
Module?refers to a component subject consisting of a written material to be taught in a specified?number?of sessions that, together with other modules, shall count towards the completion of the PES Program;
PES Program?refers to a program on the provision and expansion of knowledge and skills of parents and parent-substitutes on parenting to be able to respond to parental duties and responsibilities on the areas of early childhood development, behavior management of younger and older children, husband-wife relationships, prevention of child abuse, health care, and other challenges of parenting. It assists parents and parent-substitutes to develop and strengthen their knowledge and skills so they can assume the major educational role in their child's growth and development;
Parent-Substitute?refers to a person other than the biological parent who has custody over a child and is primarily responsible for his/her care, and physical, moral and intellectual development, such as foster care parents, legal guardians and care providers:?Provided,?that surrogate parents and care providers shall secure a certification from the proper office of the Department of Social Welfare and Development (DSWD) confirming him/her as a parent-substitute; and
(e)?Surrogate Parent?refers to any adult member of the family or extended family or a caregiver who chose to?act?as a substitute parent to a child not legally under his/her parental authority or care.
Section 75.?Establishment of the PES Program.?- There is hereby established a PES Program to assist all parents and parent-substitutes in strengthening their knowledge and skills in responding to their parental duties and responsibilities, protect and promote children's rights, foster positive early childhood development, and advance their educational progress. The PES Program shall be implemented in every city and municipality and shall consist of modules to be developed by the DSWD, in coordination with the Department of Education (DepEd), the Early Childhood Care and Development (ECCD) Council, the School Governing Councils (SGCs), the Department of Health (DOH), the Department of Justice (DOJ), and the Department of the Interior and Local Government (DILG), and rolled out in such?number?of sessions as the DSWD and the LGUs may prescribe. Subject to modifications by the concerned LGUs to adapt to local context, the core of the modules shall be consistent with existing laws and shall embody the following principles:
(a)? Parents and Parent-Substitutes and their Roles and Needs.?- This aims to provide participants with a deeper understanding of their different roles, needs, responsibilities, and joy as parents and parent-substitutes by going through lessons that enrich their understanding of themselves as parents and guardians. Facilitators will help participants identify individual strengths and weaknesses, describe factors that affect the characteristics of their personhood, ascertain the divergent needs of married parents, solo parents, grandparents, and other guardians in the family, and clarify family values and goals aligned with strengthening their role as parents who are the best people to support all aspects of their children's growth and development, among others;
(b)? The Filipino Family.?- This aims to give an overview of family dynamics in the Philippine context. Facilitators will help participants understand the importance, functions, and characteristics of the family, and inform them of the family's strengths and weaknesses to enable them to reflect building on their strengths to address their weaknesses so that they can be responsible members of the community, among others;
(c)? Challenges of Parenting.?- This aims to provide participants with a more in-depth understanding of the obstacles that will be faced by parents and how stronger parenting skills will be able to address them. Innovations, technology, changes in values, and issues brought about by globalization and social media may be considered as challenges;
(d)? Child Development.?- This aims to provide participants with a proper understanding of child growth and development, age-appropriate and development-appropriate interventions, different learning avenues for children, and domains of child development. This shall likewise include the importance of encouraging parents and parent-substitutes to fully support their children's cognitive development, most importantly their skills on reading, mathematics, science, and development;
(e)? Keeping Children Safe from Abuse.?- This aims to prevent child abuse by educating parents about the rights of their children and familiarizing them with risk factors of warning signs of abuse in children. It shall present the basic principles on laws relevant to violence and abuse against children and how to report incidents thereon to the proper government authorities;
(f) Building the Child's Positive Behavior.?- This aims to improve parental understanding of child behavior and promote and support the development and socialization of the child. Basic theories on child behavior, character development, and factors that can positively or negatively affect the same shall be discussed;
(g)? Health and Nutrition.?- This aims to provide adequate information on common health and nutrition needs of children, including reproductive health concerns, common childhood diseases, basic nutrition principles, and growth monitoring;
(h)? Home Management.?- This aims to provide participants with practical ideas on how to manage their respective households through proper time, financial, and stress management;
(i)? Keeping a Healthy Physical Environment for the Child.?- This aims to show the importance of maintaining clean physical environments for building a strong household. Waste management and community environmental management efforts shall be discussed;
(j)? Keeping Children Safe in Times of Disasters.?- This aims to provide training on child-centered disaster risk reduction and management strategies to prepare and equip parents and parent-substitutes in preventing, mitigating, and coping with risks caused by disasters; and
(k)? Investment in Adolescents.?- Adolescence is the developmental period during which a dependent child grows into an independent adult. This module aims to help parents and parent-substitutes to navigate their children's risks and vulnerabilities and set them on the path to fulfill their potential. Risks and vulnerabilities may include, but not limited to, dropping out of school, identity crisis, gender confusion, hormonal changes, exposure to drugs, early marriage and pregnancies. Parents and parent-substitutes shall be capacitated on how to empower their children by preparing them for adulthood and citizenship, and investing in their well-being, holistic development, and active participation in society.
Section 76. The CSWDO may design and contextualize their own modules as they deem appropriate, taking into consideration the needs and challenges of the families in the communities under their respective jurisdictions, and the progress and result of the PES Program implementation:?Provided,?that such modifications are consistent with existing laws. It shall conduct, in coordination with the appropriate national agencies, research focused on effective and evidence-based policies and best practices on parent effectiveness, child welfare, child development, adolescence, family, health, education, and social protection, among others to continuously and effectively improve the design and implementation of the PES Program.
Section 77. An analytical framework shall be established to determine how parent effectiveness and child development are interrelated. The analytical framework shall be utilized, among others, to gauge the use of resources, evaluate the efficiency, understand the forms and drivers of change and the linkages between certain programmatic features and outcomes, and assess the sustainability of the PES Program.
Section 78. The CSWDO shall continuously evaluate the effectiveness of the PES Program by devising data-driven metrics, including but not limited to, the participation rate of the parents and parent-substitutes in the PES Program and the result of the children's feedback of their parents and parent-substitutes.
Section 79. The PES Program, particularly the parent effectiveness sessions, shall be implemented by the City Government of Pagadian through its CSWDO. Parent effectiveness sessions shall be conducted in every barangay at such schedule and interval to be determined by the social welfare and the LGU officers concerned. For this purpose, the officers shall, on an annual basis, prepare and submit to the local chief executive a complete program and schedule of the parent effectiveness sessions covering all barangays of their respective jurisdictions.
Section 80. Reaching parents to facilitate and share skills and knowledge about parenting and support to learning may include home visits which may be effective to recognize, respect, and build on existing strengths of parents and parent-substitutes.
Section 81. The PES Program conducted pursuant to this?Act?shall constitute as full and complete compliance with the PES component incorporated under Republic Act No. 10410,?otherwise known as the "Early Years Act (EYA) of 2013,"?and such other government programs mandating the delivery of the PES Program as requisite for program coverage and entitlement.
Section 82. The City Government of Pagadian shall coordinate with the relevant government agencies to ensure the implementation of the PES Program. They may collaborate with the DepEd's Schools Division Offices in providing facilities for the conduct thereof. It shall likewise provide incentives to parents and parent-substitutes who actively participated or garnered high evaluation rates from their children in the PES Program.
Section 83. The City Government of Pagadian shall focus on the monitoring and evaluation of the PES Program in terms of facilities, modules, and competence assessment of the facilitators, among others. The CSWDO shall designate their respective personnel to be trained to gather, analyze, and interpret data and establish a comprehensive action plan for a more effective implementation of the PES Program.
ARTICLE 18
Safer Internet Day for Children Philippines
Section 84. Presidential Proclamation No. 417 declares every second Tuesday of February every year as "Safer Internet Day for Children Philippines" which is celebrated as a call to action to promote better and safer internet use for everyone. It was first introduced in 2004 in various countries in Europe and is currently being observed by more than 100 countries in the world to raise awareness on online issues faced by children. Consequently, the Department of Interior and Local Government Issued Memorandum Circular No. 2020-013 enjoining all local Government units to support the observance of the Safer Internet Day for Children Philippines.
Section 85. It is hereby declared the second week of February of every year as "Safer Internet Day for Children" in the City of Pagadian.
Section 86. In line with the celebration thereof, the LCPC and the CSWDO shall conduct activities such as, but not limited to, the following:
Consultation with children and youth leaders, representatives, and organizations on the ASEAN Declaration on the Protection of Children from Online Abuse and Exploitation;
Announcement of Safer Internet Day for Children Philippines;
Orientation on preventing online child pornography.
ARTICLE 19
Prohibiting the Conduct of Caroling along City Streets, Roads,
and On Board any Kind of Vehicle
Section 87. It is hereby prohibited for children to conduct caroling activities along city streets, roads and on board of any kind of vehicle in the City of Pagadian.
ARTICLE 20
Data Management
Section 88. Each barangay, through its Barangay Health Worker (BHW), must have an updated disaggregated data of all the children in their respective barangays clustering them according to different age levels, such as: A) 0-5 years old; B) 6-10; (C) 11-15, and (D) 16-18 and other details such as gender; enrolled or out of school; within or without the risk areas in the barangay, and the likes. In collecting and processing such data, the Data Privacy Law must always be observed.
Such disaggregated data will be utilized in events of disaster in order to come up with data-based dispositions and decisions involving children to better prepare and respond to the needs of children.
Likewise, guidelines should be established for proper handling, care, protection and family tracing and reunification of displaced and foundling children after disaster and/or emergency situations.
ARTICLE 21
Career Guidance and Counselling Program
Section 89. The City Government of?Pagadian?shall ensure?the?total development?of all secondary schools?by promoting relevant education that shall generate human resources responsive to the needs of the government, industry, and the economy.
Section 90. The City Government supports and allows secondary schools in the city to?coordinate with city offices for internship programs or visits in order to expose and properly guide?the students in their?career decision?in pursuing tertiary education.
ARTICLE 22
Implementing Rules and Regulations
Section 91. The City Council shall be tasked to formulate the implementing rules and regulations (IRR) of this Ordinance within six (6) months after the approval of this Ordinance.
CHAPTER V
APPROPRIATIONS
ARTICLE 1
Section 1. One percent (1%) of the Internal Revenue Allotment (IRA) or National Tax Allotment shall be appropriated annually to the PLCPC as mandated by Section 15, paragraph 3 of R.A. No. 9344 otherwise known as the "Juvenile Justice and Welfare Act of 2006" and the necessary amount in the respective offices and departments to carry out the implementation of this Ordinance.
ARTICLE 2
Section 2. All 54 barangays of the City of Pagadian shall allocate one percent (1%) of their IRA for the strengthening and implementation of the programs of the Barangay Council for the Protection of Children (BCPC) as mandated by Section 15, paragraph 3 of R.A. No. 9344 otherwise known as the "Juvenile Justice and Welfare Act of 2006."
CHAPTER VI
PENAL PROVISIONS
ARTICLE 1
Section 1. Any person, natural or juridical, who shall violate the provisions of this Ordinance shall be imposed a penalty or fine of not more than Five Thousand (5,000.00) or imprisonment of not more than One (1) Year, or both, at the discretion of the COURT.
For juridical persons, its owner, President and officers shall be the liable persons.
CHAPTER VII
SEPARABILITY CLAUSE
ARTICLE 1
Section 1. If any provision of this Ordinance is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue to be in full force and effect.
CHAPTER VIII
REPEALING CLAUSE
ARTICLE 1
All existing ordinances, local issuances, or rules which are inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly.
CHAPTER IX
EFFECTIVITY CLAUSE
ARTICLE 1
This Ordinance shall take effect upon its approval and after publication in a newspaper of local circulation.
ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 105th Regular Session held on 05 February 2025 at the SP Session Hall, 4th Floor City Commercial Center Building, Santiago District, Pagadian City.
BALDOMERO FERNANDEZ
City Vice Mayor/Presiding Officer
Verified:
JESUS B. BAJAMUNDE, JR.
SP Member/Floor Leader-Designate
Attested:
ELKID P. NACUA
Secretary to the Sangguniang Panlungsod
Approved:
SAMUEL S. CO
City Mayor
Date:_________________