CHAPTER I
GENERAL PROVISIONS
Article 1. POLICY AND APPLICATION
Section 1. TITLE. This Ordinance shall be known as “The Child and Youth Welfare Code of the Municipality of Miagao, Province of Iloilo.”
Section 2. DECLARATION OF POLICY AND PRINCIPLES. It is the policy of Municipality of Miagao, Province of Iloilo to give high priority to the promotion of the total growth and development of children. It shall ensure that the rights of children are fully protected and respected with the active support and participation and / or in concerted efforts with the parents, families, communities, peoples’ organizations (PO), non-governmental organizations (NGO) and other sectors of the society.
a) The Municipality of Miagao, Province of Iloilo shall give priority to education of children / youth, especially the deserving and underprivileged, as a strategy to free them and their families from the bondage of poverty;
b) The Municipality of Miagao, Province of Iloilo shall exert its best efforts to inculcate in children / youth positive values, genuine love for God and country and sense of identity and pride as Miagaowanons and Filipinos;
c) The Municipality of Miagao, Province of Iloilo shall mold its youth to become model and responsible citizens. Towards the above ends, the Municipality of Miagao, Province of Iloilo, shall:
1. Protect the child from all forms of maltreatment by parents or others responsible for the care of the child and to establish appropriate social programs for the prevention of abuse and the treatment of victims.
2. Provide special protection for child deprived of the family environment and to ensure that appropriate alternative family care or institutional placement is available in such cases. Efforts to meet this obligation shall pay due attention to the child’s cultural background.
3. Protect children from sexual exploitation and abuse, including prostitution and involvement in and / or exposure to pornography or any form of violence.
4. Exert every effort against the sale, trafficking and abduction of children.
5. Ensure that primary education is free and compulsory, to encourage different forms of secondary education accessible to every child and to make higher education available to all on the basis of capacity. School discipline shall be consistent with the child’s rights and dignity.
Section 3. RULES OF CONSTRUCTION. In case of doubt, the interpretation of any of the provisions of this Code, including its implementing rules and regulations, shall be construed liberally in favor of the child/youth.
Section 4. DEFINITION OF TERMS:
- a) ABANDONED CHILD – is one who has poor or no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six (6) months.
b) ANTI-SOCIAL RELATED ACTIVITIES are those acts committed against chastity and person which include, but not limited to, the following: petty crimes, such as snatching, shoplifting, misrepresentation; using and pushing prohibited drugs, selling illegal or lewd reading materials; pimping for young and old prostitutes and sexual perversions, doing or participating in obscene shows and gambling of any form.
c) BAIL – refers to the security given for the release of the person in custody of the law, furnished by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate security, property bond, cash deposit, or recognizance.
d) BCPC – Barangay Council for the Protection of Children
e) BEST INTEREST OF THE CHILD – refers to the totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child’s physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child
f) CENTER – Holding Center. Refers to a room or holding area in the Municipal Hall where minors or minor students violating this ordinance are held. This term includes barangay hall in every barangay or room designated by the Sangguniang Barangay as Holding Center
g) CHILD – refers to a person below eighteen (18) years of age, or those over 18 years but is unable to fully take care of himself/herself or protect himself/herself from abuse, neglect, cruelty, exploitation or distribution or discrimination because of a physical or mental disability or condition;
h) CHILD ABUSE – refers to the maltreatment, whether habitual or not, of the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act which tends to debase, degrade or demean the intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his / her basic needs for survival, such as food and shelter;
(4) Failure to immediately give medical treatment to an injured children resulting in serious impairment of his growth and development or in his permanent incapacity or death.
i) CHILD AT RISK – refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;
(2)being exploited including sexually or economically;
(3)being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;
(4)coming from a dysfunctional or broken family or without a parent or guardian;
(5)being out of school;
(6)being a streetchild;
(7)being a member of a gang;
(8)living in a community with a high level of criminality or drug abuse; and
(9)living in situations of armed conflict.
j) CHILD IN CONFLICT WITH THE LAW – refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under this Code and/or Philippine laws.
k) CHILDREN IN NEED OF SPECIAL PROTECTION (CNSP) – refer to children living under circumstances which gravely threaten or endanger their survival and normal development as defined under Section 4(ii) hereof to include children in worst forms of child labor, neglected and abandoned children, streetchildren, victims of commercial and sexual exploitation, victims of child abuse, children in situations of armed conflict, children in conflict with law, children in various forms of disability and children of indigenous people.
l) CHILDREN’S PROTECTION DESK is a section in police stations specifically manned by police officers trained in dealing with child cases.
m) COMMITMENT is the legal act of entrusting a child to the care of the Municipal Social Welfare and Development Office or any duly licensed similar child placement agency or individual.
n) COMMUNITY-BASED PROGRAMS – refers to the programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community.
o) COURT – refers to a family court or any trial court.
p) DEVELOPMENT RIGHTS pertain to the access of a child to educational opportunities, access to relevant information, play, leisure, cultural activities and the right to freedom of thought, conscience and religion.
q) DEPRIVATION OF LIBERTY – refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority.
r) DIVERSION – refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.
s) DIVERSION PROGRAM – refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings.
t) INITIAL CONTACT WITH-THE CHILD – refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.
u) INTERVENTION – refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being
v) JUVENILE JUSTICE AND WELFARE SYSTEM – refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.
w) 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.
x) MSWDO – Municipal Social Welfare and Development Office
y) MCPC – Municipal Council for the Protection of Children
z) MMPS – Miagao Municipal Police Station
aa) NEGLECTED CHILD is one whose basic needs have been deliberately unattended or inadequately attended.
(1)Emotional neglect exist when children are maltreated, raped or seduced; when children are exploited, overworked or made to work under conditions not conducive to good health, or are made to beg in the streets or public places.
(2)Physical neglect exists when the child is malnourished, ill clad and without proper shelter
bb) OFFENSE – refers to any act or omission whether punishable under special laws or the Revised Penal Code, as amended.
cc) PARTICIPATION RIGHTS include the child’s freedom to express oneself in matters affecting his/her life as part of preparation for responsible parenthood and to freedom of association.
dd) PROTECTION RIGHTS cover those which guard children against all forms of child abuse, exploitation and discrimination in the major areas where a child is considered in an extremely difficult circumstance.
ee) PNP – Philippine National Police
ff) RECOGNIZANCE – refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when required.
gg) STATUS OFFENSES – refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like.
hh) STREETCHILDREN – The following persons are considered streetchildren:
(1) Those below eighteen (18) years old who are found loitering within the streets of the Municipality of Miagao, Province of Iloilo without any purpose or visible means of support;
(2) Those engaged in selling sampaguita, cigarettes, newspaper, and any other products or commercial items in the municipal streets; or
(3) Those found begging, sniffing rugby and other solvent products, pickpocketing, and doing other illegal activities.
ii) SURVIVAL RIGHTS are those which relate to parental and governmental duties and liabilities, adequate living standard and access to basic health and health services and social security towards the interest and welfare of children.
jj) YOUTH DETENTION HOME – refers to a 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
kk) YOUTH REHABILITATION CENTER – refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them.
ll) VICTIMLESS CRIMES – refers to offenses where there is no private offended party.