Republika ng Pilipinas

Lalawigan ng Sultan Kudarat

TANGGAPAN NG SANGGUNIANG PANLALAWIGAN
ISO 9001:2008 Certified Sanggunian
Isulan, Sultan Kudarat

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION

OF
THE THIRTEENTH SANGGUNIANG PANLALAWIGAN,
HELD
IN ITS SESSION HALL, CAPITOL BUILDING,
ISULAN, SULTAN KUDARAT, ON FEBRUARY 29, 2016
AT 9:00 A.M.

Present:

Hon. Eduardo M. Duque --- ------------- Member

Acting Presiding Officer

1st District

Hon. Orfelina P. Segura - - - - - - - - - - - - - - - - Member

Hon. Francis Eric E. Recinto - - - - - - - - - - - - - - - - Member
Hon. German M. Malcampo - - - - - - - - - - - - - - - - Member

2nd District

Hon. Joseph M. Ortiz - - - - - - - - - - - - - - - - - - - - Member

Hon. Kahirup C. Ang, M.D - - - - - - - - - - - - - - - - - Member
Hon. Rolando D. Forro - - - - - - - - - - - - - - - - - - - Member
Hon. Rene C. De Manuel, Sr.- - - - - - - - - - - - - - - - - Member
Sectoral Representative

Hon. Bevelyn K. Zapanta (IPMR) - - - - - - - - - - - - - - Member

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 Absent:
Hon. Ernesto F. Matias, M.D. (OT) - - - - - - - - - - - - Vice
Governor
Hon. Cesar L. Fornan - - - - - - - - - - - - - - - Member
Hon. Alfonso S. Demasuay (OT) - - - - - - - - - - - - - - Member
Hon. Joenime B. Kapina (PCL) - - - - - - - - - - - - - - Member
Hon. Expedito F. Faderan (LnB) (OT) - - - - - - - - - - - Member

PROVINCIAL ORDINANCE NO. 2016-01

“THE AMENDED CHILDREN’S CODE OF SULTAN KUDARAT

PROVINCE”

WHEREAS, on March 26, 2007, the 10 th Sangguniang

Panlalawigan passed and approved Resolution No. 42-10th-SP-’07
enacting Ordinance No. 01-07 entitled: The Children’s Code of
Sultan Kudarat Province;

WHEREAS, more than eight (8) years since its enactment,

the Provincial Council for the Welfare of Children (PCPC) desire to
update the Provincial Development Plan for Children and has
conducted several meetings and workshops on even dates and
come-up with the recommendation to amend the province’
Children’s Code;

WHEREAS, the amended Code endeavors to promote,

enhance and institutionalize the children’s survival, development,
participation and protection rights, thus, advancing the children’s
general welfare in furtherance of an integrated, sustainable and
equitable development of the Province of Sultan Kudarat;
WHEREAS, the amendments will ensure the safety and
well-being of children and their families with a vision that every
child in the Province of Sultan Kudarat shall grow up in a safe,
loving and stable family;

WHEREFORE, upon motion of Hon. Kahirup C. Ang, M.D.

and duly seconded by the members present, BE IT ORDAINED BY

2
THE SANGGUNIANG PANLALAWIGAN OF SULTAN KUDARAT,
that:

Article I
TITLE, DECLARATION OF POLICY, SCOPE, PURPOSES
AND DEFINITION OF TERMS

Section 1. Title. This ordinance shall be known and cited as the

“AMENDED CHILDREN’S CODE OF SULTAN
KUDARAT PROVINCE AS AMENDED”

Section 2. Declaration of Principles and Policies. It is hereby

declared that the Province of Sultan Kudarat is a child-
friendly province “solicitous for children.” In adherence
to the policy of the State, the Province recognizes the
vital role of the youth in nation building and shall
promote and protect their physical, moral, spiritual,
intellectual and social well-being. It shall inculcate in
the youth patriotism and nationalism, and encourage
their involvement in public and civic affairs.

The provincial government of Sultan Kudarat gives

paramount recognition for the optimum promotion
and enhancement of children’s welfare and stabilizes
their rights for survival development, protection, as
well as participatory rights. In harmony therewith this
Province shall aid and assist the family and all
concerned sectors such as but not limited to People’s
Organizations (POs), Non-Government Organizations
(NGOs) and business sectors. They are encouraged to
have a determined effort to achieve the goals towards
the highest degree of foster care to mold the child to
become better citizens. The Province shall ensure that
indispensable attention shall be given during the
child’s formative years as this is considered the critical
stage of child’s development. The Province shall assure
that adequate funds and resources shall be allocated
for the effective implementation of this Code.

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Section 3. Scope. This code shall apply equally to all children
regardless of sex, culture, religion, legitimacy, social
status and political antecedents.

Section 4. Purposes. The enactment of this code shall have the

following purposes:

a. To promote the child’s welfare and

enhance the opportunities for a
useful and happy life;

b. To cultivate the child’s utmost individual

traits and attitudes;

c. To aid and support the parents in the

exercise of their natural right and
duty in rearing the child for civic
efficiency;

d. To encourage institutions like schools,

churches, associations and
community in general to assist the
province in its endeavours to prepare the
child for the responsibilities of adulthood;
and

e. To ensure the protection and

rehabilitation of children against all forms
of abuses and exploitation.

Section 5. Child’s Welfare, Paramount. In all proceedings before

any court, administrative agencies or bodies
regarding the implementation of this code, the
welfare of the child shall be of paramount
importance.

Section 6. Responsibilities of the Province. Pursuant to section

3 (2), Article XV of the 1987 Constitution, the
Province shall defend the right of the children to
assistance, including proper care and nutrition,
education and special protection from all forms of

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 neglect, abuse, cruelty, exploitation, and other
conditions prejudicial to their development.

Section 7. Definition of Terms. The following terms as used in

this Code shall be defined as
follows:

a. “Code” shall refer to Children’s Code of

Sultan Kudarat Province.

b. “Province” shall refer to the Provincial

Government of Sultan Kudarat

c. “Children” refers to persons below eighteen

(18) years of age or over but are unable to
fully take of care or protect themselves from
abuse, neglect, cruelty, exploitation or
discrimination because of physical or mental
disability or condition;

d. “Children’s Rights” - refers to all

entitlements set forth by law without
distinction as to legitimacy or illegitimacy,
sex, social status, religion, culture, political
antecedents, and other factors;

e. “Child Abuse” refers to the maltreatment of

the child whether habitual or not which
includes any of the following:

1. Psychological and physical abuse,

neglect, cruelty, sexual abuse and
emotional maltreatment;
2. Any act by deeds or works which
debases, degrades or demeans the
intrinsic worth and dignity of a child as a
human being;
3. Unreasonable deprivation of the child’s
basic needs such as but not limited to
food, clothing and shelter; or

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 4. Failure to immediately give medical
treatment to an injured child resulting to
the impairment of the latter’s growth and
development, permanent incapacity or
death.

d. “Day Care” is the provision of substitute

parental care and stimulating activities for the
total development of children ages zero to
four (0-4) year old when their parents are
unable to take care of them during part of the
day because of work and some other
situations.

e. “Day Care Center" - is a facility where day

care services are provided by an accredited
day care worker particularly for children with
in the three to four (3-4) year old age bracket.

f. “Special Children” refers to any of the

following:

Dependent Child – is one who is without

a parent, guardian or custodian, or one
whose parents, guardian, or custodian, for
good cause desires to be relieved of his care
and custody, and is dependent upon the
public for support;

Abandoned Child – refers to one who has

no proper parental care or guardianship or
whose parent(s) has deserted the child for a
period of at least six (6) continuous months
and who has been judicially declared as such.

Neglected Child - is one whose

basic needs have been deliberately or
inadequately attended. Neglect may occur in
any or all of the following ways:

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 a. A child is unattended when left all
alone without supervision and
provisions for the child’s basic needs.

b. Emotional neglect exists when a

child is maltreated, raped or
seduced; or are exploited,
overworked, or made to work under
conditions not conducive to child’s
health; or are made to beg in the
streets and public places; or when
the child is in danger, exposed to
gambling, prostitution, and other
vices.

Mentally Retarded Child – is one whose

mental development, ability, capacity or
mental stage is not equally at par with the
evolving age of the child or as determined as
such by a competent medical professional. It
may develop under but not limited to the
following circumstances:

a. Retarded intellectually from birth or

early age;
b. Retarded at the age of maturity
through accident or disease that is
essentially incurable;
c. Mentally deficient as a result of
constitutional origin, through
hereditary or disease; or

Physically Handicapped Child – is one

who is crippled, deaf-mute, blind, or is
suffering from other physical defect which
restricts the means of actions and
communication with others;

Emotionally Disturbed Child – is one

who, although not afflicted with insanity or
mental defect, is unable to maintain normal
and social relations with others and the

7
 community in general due to emotional
problems and complexes;

Mentally Ill Child – is one with any

behavioral disorder, whether functional or
organic, which is of such a degree of severity
as to require professional health or
hospitalization.

Youthful Offender – is a child who is over

nine (9) years but below eighteen (18) years
of age at the time of the commission of the
offense.

A child nine (9) years of age or under at a

time of the offense shall be exempt from
criminal liability and shall be committed to
the care of the child’s parents, or nearest
relative or family friend at the discretion of
the court and subject to its supervision. The
same shall be done for a child over nine years
and under fifteen years of age at the time of
the commission of the offense, unless he
acted with discernment, in which case the
child shall be proceeded against in
accordance with Article 192 of P.D. 603.

Article II
RIGHTS OF THE CHILD

Section 8. Entitlement. All children shall be entitled to all the

rights set forth in this Code without distinction as to
legitimacy, sex, social status, religion, culture,
political antecedents, and other factors.

Section 9. Survival Rights. The child shall enjoy ab initio all the
survival rights to life, to growth essentials, and to
health to the extent that, the child shall be given
adequate care, assistance and guidance through
various levels of growth, from infancy to childhood,
8
 puberty and adolescence. The promotion of the
child’s health shall begin with adequate pre-natal
and post-natal care for both the mother and the
child. The needs of the children who are
underprivileged, sick and disabled shall be given
priority. The parents shall be assisted by the
appropriate Provincial entities in looking after the
health, education and overall welfare of the child.
The Province shall ensure that appropriate measures
shall be taken for the normal and total development
of the child.

The survival rights of the child are the following:

a. Every child is endowed with the dignity and

worth of a human being from the moment of
conception.

b. Every child has the right to a wholesome

family life that will provide the child with love,
care, understanding, guidance and
counselling, and moral and material security;

c. Every child has the right to grow up as a free

individual in an atmosphere of peace,
understanding, tolerance, security and
healthy environment to ensure the child’s
positive contribution in building a better
world.

d. Every child has the right to a balanced diet,

adequate clothing, sufficient shelter, proper
medical attention, and the basic physical
requirements for a healthy and vigorous life.

Section 10. Development Rights. Every child shall be given all

the opportunities for the total development of
their physical, mental, emotional, moral and
social well-being. The Province shall ensure that
facilities appropriate to the age level of the child
shall be provided to ensure the child’s fullest
development.

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 Pursuant to Section 1, Article XIV of the
1987 Constitution, the Province shall protect and
promote the right of all children to quality
education at all levels and shall take appropriate
steps to make education accessible to all. To this
end, the Province shall ensure that:

a. Every child has the right to quality education

commensurate with the child’s abilities and
skills to ensure holistic development;

b. Every child has the right to a well rounded

development of his or her personality to the
end that the child may become a happy,
useful and active member of the society. To
this end, the following shall be accorded the
following treatment:

 The gifted child shall be given

opportunity and encouragement to
develop the child’s special talents.

 The emotionally disturbed or

socially maladjusted child shall be
treated with sympathy and
understanding and shall be entitled
to treatment and competent care.

 The physically or mentally

handicapped child shall be given the
treatment, education and care
required of the child’s condition;

c. Every child has the right to be brought up in

an atmosphere of morality and rectitude for
the enrichment and strengthening of the
child’s character;

d. Every child has the right to full opportunities

for safe and wholesome use of their leisure
hours. The Province shall ensure that the toys

10
 used in schools and day care centers are
appropriate to the developmental age of the
child. To foster cultural awareness, the toys
used by children belonging to the indigenous
community shall likewise be made available
to schools and day care centers.

e. Every child has the right to an efficient and

honest government that will deepen their
faith in governance and inspire them to lead
honest and modest lives. The Province, its
officers and employees shall set a good
example for the realization of these values.

Section 11. Protection Rights. The child shall enjoy the

protection of the Province from all forms of abuse,
neglect, cruelty, exploitation, discrimination and
any other conditions prejudicial to their
development. The Province shall accord the child
the following protection:

a. Every child has the right to protection against

exploitation, improper influences, hazards,
and other conditions or circumstances
prejudicial to their physical, mental,
emotional, social and moral development;
b. Every child has the right to live in a healthy
environment and in a community that
promotes the desirable traits and attributes
of the child.

c. Every child has the right to the care,

assistance and protection of the Province
when the child’s parents or guardian fails or
unable to provide the child the basic needs for
growth and development.

Section 12. Participation Rights. The child shall enjoy the right
to be actively involved in all matters affecting
their welfare. The Province shall ensure that
venues affording the child to participate shall be
provided in the Province, municipalities and
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barangays. The views of the child pertaining to all
matters affecting them shall be respected and
taken into consideration. The participation rights
of the child shall include but not limited to the
following:

a. Every child shall have the right to form or join

social, cultural, educational, recreational, civic
or religious organizations for lawful cause or
causes in their respective communities.

b. Every child shall have the right to choose their

own career. Parents may advise them on this
matter but should not impose their own
choice upon the child;

c. Every child shall be allowed to participate in

all matters affecting them. In the matter of
the child’s discipline, the child shall be
allowed to present their side which shall be
taken into consideration.

d. Every child shall be encouraged to associate

with other children with whom they can
develop common interests of useful and
salutary nature. It shall be the duty of the
parents to know the friends and activities of
their children to prevent them from falling
into bad company;

e. No child shall be forced to enter into early

marriage. Cases of early marriages shall not
be allowed and tolerated;

f. To ensure their holistic development the

Province shall initiate child-participation
activities such as athletic activities, leadership
trainings, skills competition and seminars or
workshops. The Province shall likewise
promote such activities so that more children
can participate.

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 Article III
RESPONSIBILITIES OF THE CHILD

Section 13. Duties of the Child Under Parental Care. A child

shall always observe respect and reverence
towards their parents. Children under the care of
their parents are encouraged to obey them.

Section 14. Responsibilities of the Child. Every child,

regardless of the circumstances of their birth,
sex, religion, social status, political antecedents
and other factors shall:

a. Strive to lead an upright and virtuous life in

accordance with the tenets of their religion,
the teachings of their elders and mentors,
and the biddings of a clean conscience;

b. Extend to their siblings their love,

thoughtfulness, and helpfulness, to keep the
family harmonious and united;

c. Love, respect and obey their parents, and

cooperate with them in strengthening the
family;

d. Exert utmost effort to develop their

potentials by undergoing formal education
suited to their abilities for them to become a
better citizen;

e. Respect their elders, the customs and

traditions of our people, the memory of our
heroes, the duly constituted authorities, the

13
 laws of the country and the principles and
institutions of democracy;

f. Actively participate in civic affairs and in the

promotion of the general welfare bearing in
mind that the children are the hope of
tomorrow;

g. Respect the rights of others and in the

pursuit of their aspirations, foster
cooperation among other children.

Article IV
RIGHTS AND DUTIES OF PARENTS

Section 15. Rights of Parents. The rights of parents are the

following:

a. The parents shall have the right to the

company of their children and in relation to all
other persons or institutions dealing with the
child’s development, the primary right and
obligations to provide for their upbringing;

b. The parents shall continue to exercise the

rights mentioned in Article 316 to 326 of the
Civil Code over the person and property of
their child; and

c. Parents have the rights to discipline the child

as may be necessary for the formation of
their good character, and may therefore
require from them obedience to just and
reasonable rules, suggestions and
admonitions.

Section 16. General Duties of Parents. The duties of parents are

the following:

a. To give them affection, companionship and

understanding;
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 b. To extend to them the benefits of moral
guidance, self-discipline and religious
instructions;

c. To supervise their activities, including their

recreation;

d. To inculcate in them the values of industry,

thrift and self-reliance;

e. To stimulate their interest in civic affairs,

teach them the duties of citizenship, and
develop their commitment to their
country;

f. To advise them properly on any matter

affecting their development and well-
being;

g. To always set a good example;

h. To provide the child with adequate support,

as defined in Article 290 of the Civil Code;
and

i. To administer their property, if any,

according to their best interest, subject to
the provisions provided under Title IX,
Chapter IV of the Family Code.

Section 17. Obligations of the Mother. The mother plays the

most critical role in the child’s well-being. As such,
the Province ensures the equal protection of the life
of the mother and the unborn from conception. The
following are her obligations:

a. The mother shall employ intensive care and

protection of the fetus from knowledge and
confirmation of pregnancy;

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 b. The mother shall ensure that pre-natal care of
the fetus are properly and safely availed;

c. The mother shall ensure that post-natal care

of the baby are availed of through regular
visit to the barangay or community health
clinics and heed the advice of competent
health workers for the healthy growth of the
child.

d. With the cooperation of the father, the

mother shall ensure that the child shall be fed
with nutritious food to have a well balanced
diet.

e. The mother shall be encouraged to prefer

breast feeding over commercially available
milk to ensure that the child receives the best
nutrition.

Section 18. Obligations of the Father. The father plays essential

role of the well-being of the child. He is the head
of the family to the extent that in case of
disagreement in the joint exercise of parental
authority with the wife over the persons of the
children, the decision of the father shall prevail
unless there is a judicial order to the contrary. He
is the provider so that financial provisions for the
family’s survival must emanate from him;
together with the wife he is responsible for the
caring and rearing for civic consciousness and
efficiency and the development of their moral,
mental, and physical character and well-being.
The father shall assist the mother at all times in
her obligations mentioned under Section 17 of this
Code.

Article V
CONCERNED INSTITUTIONS

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 The Province shall ensure that the following institutions
shall observe their respective mandates. These institutions are:

Section 19. The Educational Institutions. The schools and other

educational entities engaged in formal and non-
formal education, with the assistance of the
Province, shall aid the parents in providing the
best education for the child. The schools shall
inculcate patriotism and nationalism, foster love
of humanity, respect for human rights,
appreciation of the role of the national heroes in
the historical development of the country, teach
the rights and duties of citizenship, strengthen
ethical and spiritual values, develop moral
character and personal discipline, encourage
critical and creative thinking, broaden scientific
and technological knowledge, and promote
vocational efficiency.

Section 20. The Mass Media. The mass media shall at all times
observe balanced and responsible journalism to
the extent that if possible it shall ensure that only
materials of good influence must be presented -
by giving priority to educational, child friendly
programs, as well as positive values formation
programs and see to it that the best interest of the
children must be served.

Section 21. The Local Government Units (LGUs). The LGUs shall
ensure the delivery of basic services to children by
establishing comprehensive programs and make
sure that adequate budget is allocated for its total
implementation. The LGUs shall support the
establishment of children’s organizations which
shall be organized in the following manner:

a. The formation of the children’s organizations

shall start at the barangay
level;

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 b. A representative of each barangay shall then be
chosen to compose the children’s
organization at the municipal or city level;

c. A representative of each municipality and city

level shall be again chosen to compose the
children’s organization at the Provincial
level;

The representative in each level shall be 10-17

years of age without distinction as to sex, culture,
religion, social status and political antecedents;

Section 22. The Civil Society Organizations (CSOs). The civil

society organizations shall be active partners in
the promotion of the children’s welfare and shall
give aid and assistance in any form to programs
designed for the welfare of the children.

Section 23. The Women’s Organizations. In recognizing the role

of women in nation-building, women led
organizations shall be encouraged to include in
their advocacy those programs that are beneficial
and promote the welfare of the children;

Section 24. The Local Councils. The Provincial/City/

Municipality/ Barangay Council for the Welfare of
the Children shall be the consultative assembly of
all issues concerning children at their own level
and conduct its periodic planning and
programming, assessment and evaluation. It shall
act as a regulatory body for the implementation
and operation of all existing programs and
projects designed to promote the welfare of the
children. It shall be involved in all processes
related to the refinement of the implementing
rules and guidelines of this code.

Section 25. The Community. The community shall respect the

rights of the children at all times for them to have
full enjoyment of their rights and live in a society
that guarantees safety, healthy environment and

18
 provide facilities essential for the children’s
wholesome growth and development.

Article VI
COMPREHENSIVE DEVELOPMENT PROGRAMS AND
SUPPORT SERVICES

Section 26. Comprehensive Programs for Children. The

Province of Sultan Kudarat, its city and
municipalities shall, upon effectivity of this Code,
formulate a comprehensive program that
promotes the survival, development, protection,
and participation rights of the child. Programs for
the child’s protection against all forms of abuses
and prevention of child abuse, juvenile
delinquency, drug addiction, trafficking and
others shall also be formulated.

Section 27. Program Formulation, Continuing Process. The

Province shall establish a mechanism for the
continuation of the comprehensive programs
mentioned in Section 26 by means of
consultation, coordination, participation and
cooperation of the different sectors of the society,
government agencies and the LGUs.

Section 28. Responsibilities of the Provincial Government for

Province Wide Programs. The Province shall
provide technical and financial assistance for the
proper implementation of the comprehensive

19
 programs under Section 26 as well as the
mechanisms established under Section 27.

CHILD SURVIVAL PROGRAMS

Section 29. Maternal and Child Care Program. The Provincial

Government shall continue to implement, support
and sustain its maternal and child care service
programs which shall cater to the welfare of both
mother and the child.

Section 30. Preventive Care and Health Service. The program on

preventive child care and services will include,
among others, the monitoring and registration of
births and the completion of the immunization
series for prevention of tuberculosis, diphtheria,
pertussis, neonatal tetanus, measles,
poliomyelitis, hepatitis B, and other diseases for
which vaccines have been developed for
administration to children up to five years of age.

Section 31. Health Insurance for Indigents. The Provincial and

Local Government Units shall ensure the enrolment
of the indigent households as determined by the
existing guidelines set by PhilHealth and DSWD. In
case of specialized care or advance treatment
which are beyond the coverage of the health
insurance or are not available in the government
hospitals, the Provincial government shall assist
the patient to avail the needed treatment.

Section 32. Mother and Baby Friendly Hospital and Other

Birthing Centers. All hospitals in the Province of
Sultan Kudarat shall comply with the requirements
of the Department of Health for a mother and baby
friendly hospital. The Province shall coordinate with
the Department of Health to ensure the compliance
to pertinent laws, rules and issuances.

Section 33. Nutrition Program. The provincial government shall:

20
 a. Intensify the Information Education and
Communication Campaign on the
Food Always In TheHome (FAITH)
garden and the proper nutrition;

b. Sustain the provision of micronutrients like

Vitamin A, Iron and Iodine;

c. Supplemental feeding for underweight and

severely underweight and wasted
and severely wasted school children;
and

d. Intensify growth monitoring of children;

Section 34. Reproductive Health (RH) Program. The Provincial

Government shall ensure the full implementation of
Republic Act 10354 or the Reproductive Health Law
as well as the related programs spearheaded by the
Department of Health. In relation thereto, the
province shall likewise ensure the implementation of
the following:

a. Adolescent Reproductive Health (ARH) -

Establishment of an LGU-led ARH complex
where services, counseling and information
are continuously addressing the Health and
social concerns of the adolescents and youth
shall be provided;

b. Prevention and Treatment of Reproductive

Tract Infections (RTIs) Including STDs, HIV
and AIDS - The Local Government Unit (LGU)
shall establish a Social Hygiene clinic for the
prevention and treatment of RTIs and STDs.
Supplemental to this endeavour, reproductive
health concepts must be included in the
curricula for Social Science Subjects at all
levels of education utilizing teaching
techniques and approaches appropriate to
the developmental stage of the learners;

21
 c. Prevention of abortion and management of its
complications;

d.Education and counselling of sexuality and

sexual health for the prevention of pre-
marital sex;

e. Male Involvement on Reproductive Health -

The provision of RH information and services,
education and counseling, specifically for
young men in preparation for their future
roles; and

f. Maternal Health - The provision of

Information and Care Services specific for
pregnant adolescents to address the issue on
early pregnancy and marriage.

Section 35. Promotion of Primary Health Program. The Province

shall promote major strategy towards health
empowerment emphasizing the need to provide
accessible and acceptable health services through
Maternal Neonatal Child Health Nutrition:

a. Quality pre-natal care by undergoing check-

ups and
Consultations with the nearby rural health
centers for the purpose of detection of
pregnancy related risks that will endanger
the life of the mother, the unborn or both for
the entire duration of the pregnancy.

b. Quality post-natal care to supplement after

birth requirements for the mother and for
the infant such as immunization and the like;

c. Quality information and education on breast

feeding benefits and utilizing reference
materials relating thereto;

d. Information, education and communication

campaign on the importance of readily-

22
 available vegetables as source of healthy and
nutritious supplements to combat
malnutrition;

e. Quality information to combat diseases

through the application of readily
available technology and services such as
micronutrient supplementation, deworming,
immunization, newborn hearing and
screening test, and basic oral health care;

f. Promotion of facility-based delivery to

expectant/pregnant mothers; and

g. Training of Health Workers on Gender

Sensitivity – Under the supervision of the
Provincial Health Office, all provincial, city,
municipal and Barangay health workers shall
undergo proper and appropriate trainings to
enhance health care awareness so that
improved health services will be imparted by
them especially to the needy and indigents.

CHILD PROTECTION PROGRAMS

Section 36. Establishment of Provincial Children Crisis Center

(PCCC), Rationale and Functions. Consistent
with the principles of the State, the spirit and letter
of the Constitution, those provided under Republic
Act 7610 and Republic Act 8505, there shall be a
Provincial Children Crisis Center (PCCC) established
in the Province which shall cater to the abused
children. In addition, the PCCC shall also be
considered as a Rescue and Protection Center
under but not limited to the following
circumstances:

a. As a shelter care institution for the care and

protection of children survivors of gender-
based violence, fortuitous events,
abandonment, neglect or cruelty; and

23
 b. As a receiving home to provide temporary
shelter for short period to those who are under
observation and study for eventual placement
by the DSWD.

Section 37. Management and Operation of the PCCC. The

Provincial Council for the Protection of Children shall
be responsible for the following:

a. Staffing for organizational structure of the

center;

b. Formulate guidelines and systems for its

operation;

c. Lodge the supervision of operation to the

Provincial Social Welfare and Development;

d. Encourage member agencies, private sectors,

business sectors, NGOs to pledge support for
the competent operation and sustainability of
the center; and

e. Issue necessary rules and regulations,

guidelines and policies for the effective
delivery of services of the center in
coordination with the LGUs and other
concerned agencies.

Section 38. Support to Provincial Crisis Center. The Province

through an ordinance shall appropriate specific
funds for the support of the construction,
maintenance and continued operation of the
center. Such specific fund shall form part of the
annual appropriation of the Provincial Social
Welfare and Development Office.

Section 39. Parents Effectiveness Service. The Province shall

support the program of the
DSWD on Parents Effectiveness Service which
thrusts to train parents to become effective
parents to their children. The Province shall also
support the volunteer individuals with competent
24
 skills and dedication and with unquestionable
reputation coming from the different sectors of the
community to comprise the “team of trainors to
parents”. The guidelines prescribed by the DSWD
for the said programs shall accordingly be adopted.

Section 40. Bio-Psycho-Social Help for Children/Parents

Program. The Province shall support the existing
program of the DSWD on Bio-Psycho-Social Help
for Children as well as for Parents, which thrusts
towards a holistic approach for the rescue and care
of those children with special needs, children
undergoing depression and stress, and those with
traumatic experience. The holistic approach shall
be applied per case management. This program
also aims towards a heightened community
awareness of the rights of children as well as the
duties of parents.

Section 41. Curfew Hours for Children. The City, Municipal and
Barangay Councils shall prescribe such curfew
hours for children as may be warranted by local
conditions of children.

Section 42. Restriction and Banning of Smoking and Drinking

Among Children. In recognition of the role of the
youth in nation-building, the Province shall commit
to restrict and ban minor children from smoking
cigarettes and drinking liquor at any time and at
any place. All barangays are mandated to enact
their own ordinance for the said purpose. The
restriction shall also include restricting and banning
storeowners from selling cigarettes and liquor to
said children. The restriction aims to protect
children from engaging to any vice, prevent them
from further using other illegal drugs and instead
focus their attention to positive values in improving
their skills.

Section 43. Programs for Indigenous People (IPs). The Province

of Sultan Kudarat, in coordination with the
Department of Education (Dep Ed) and
Commission on Higher Education (CHEd) shall
25
 prioritize the employment of qualified IP teachers,
school administrators and other personnel to
schools located within the zone of indigenous
people’s communities. The provisions of Republic
Act 7610 particularly Article IX, Sections 17-21 and
Republic Act 8371 or the Indigenous People’s Rights
Act are likewise applicable herein.

Section 44. Protection of Children in Situations of Armed

Conflict. Children within the armed conflict areas
shall be afforded full protection under the
provisions of Republic Act 7610 or the Special
Protection of Children Against Abuse, Exploitation
and Discrimination Act and Chapter V, Section 22 of
Republic Act 8371 or The Indigenous Peoples Rights
Act of 1997.

Section 45. Juveniles and their Rights. In addition to the

provisions of RA 9344 or the Juvenile Justice and
Welfare Act of 2006 as amended, every child
alleged or accused to have infringed any laws or
ordinances shall have the following rights:

a. To be presumed innocent until proven guilty

according to law;

b. To be informed promptly and directly of the

charges against them, if appropriate through
their parents or legal guardians and to have
legal or other appropriate assistance in the
preparation and presentation of their defense;

c. To have the matter determined without delay

by a competent, independent and impartial
authority in a fair hearing according to law, in
the presence of their counsel and taking into
account their age, situation and discernment;

d. Not to give testimony or confession of guilt

under compulsion, threat or intimidation and
without the assistance of counsel;

26
 e. Right to confront adverse witness or witnesses
through counsel and to have witness or
witnesses on their behalf;

f. If found out to have infringed the law, to have

the decision or any imposition against the child
reviewed by a higher competent, independent
and impartial authority;

g. To have the free assistance of an interpreter if

the child cannot understand or speak the
language used; and

h. To have their privacy fully respected in all

stages of the proceedings.

Section 46. Programs for Special Children and Children In Need

of Special Protection. The
Province through the PCPC shall formulate
programs and services for children with special
needs which shall include but not limited to the
following:

a. Dependent Child
b. Abandoned Child
c. Neglected Child
d. Mentally Retarded Children
e. Physically Handicapped Children
f. Emotionally Disturbed Children
g. Mentally Ill Children, and
h. Youthful Offenders

Section 47. Programs for Children in Conflict with the Law

(CICL). The Province through
the Department of Justice, Philippine National
Police, Provincial Social Welfare and Development
Office and PCPC shall adopt measures and
formulate programs and services for their
protection without depriving them of their rights
guaranteed under the constitution and other laws.

27
Section 48. Anti-Exploitation, Child Abuse and Discrimination
Program. There shall be a
comprehensive program be formulated by the
Province through the PSWDO in coordination with
other government agencies and private sector to
protect children against prostitution, sexual abuse,
trafficking, obscene publications and indecent
shows and other acts of abuse and discrimination.

Section 49. Labor. The employment of children in an undertaking

which is hazardous or
deleterious in nature shall be prohibited and
prevented. Children below 15 years of age shall not
be employed, permitted or suffered to work in any
public or private establishments as mentioned under
Republic Act 9231 otherwise known as Child Labor
Law and Republic Act 7610 known as Special
Protection of Children Against Child Abuse,
Exploitation and Discrimination Act.

The following if performed by the child, shall be

considered hazardous:

a. Work which exposes children to physical,

psychological or sexual abuse, in:

1. Lewd shows (stripteasers, burlesque

dancers and the like)
2. Cabarets, floor shows
3. Bars (KTV, karaoke bars)
4. Dance hall
5. Bath houses and massage clinics
6. Escort services

a. Working underground, under water, at

dangerous heights or at unguarded heights of
two meters and above or in confined places
such as in:

1. Mining
2. Deep sea fishing/diving

28
 3. Installing and repairing of telephone,
telegraph and electrical lines/cable
filters
4. Painting Buildings
5. Window cleaning
6. Fruit picking involving climbing

b. Working with dangerous machinery,

equipment and tools or those which involve
manual handling or transport of heavy loads,
such as in:

1. Constructions
2. Quarrying
3. Logging
4. Operating Agricultural Machinery
5. Metal Work and Welding
6. Driving or operating heavy
equipment’s such as pay loaders,
backhoes, bulldozers, cranes, driving
equipment, trailers, road rollers,
tractor lifting appliances and loading
machines
7. Operating power-driven tools such as
drills and jack hammers

c. Working under difficult conditions such as

work for long hours or during the night or
work where the child is unreasonably
confined to the premises of the employer;

d. Working in an unhealthy environment which

may expose children to hazardous process, to
temperatures, noise levels or vibrations
damaging to their health, to toxic, corrosive,
poisonous, noxious, explosives, flammable
and combustible substances or composites,
to harmful biological agents or to other
dangerous chemicals including
pharmaceuticals, such as but not limited to
the following:

1. Pesticide Spraying
29
 2. Garbage and waste collection
3. Welding
4. Carpentry

Section 50. Sagip Batang Manggagawa-Quick Action Team

(SBM-QAT). The Provincial
Inter-Agency Quick Action Team (PIA-QAT) shall be
created for detecting, monitoring and rescuing
children in extremely dangerous conditions such as
bonded labor, commercial sexual exploitation or
those in prostitution, trafficking, mining and
quarrying, home-based industries (sub-contract
agreements), hazardous works or activities.

The SBM-QAT shall be composed of the Provincial

Governor as chairman with DOLE, PHO, PSWDO,
DILG, DOJ, NBI, PNP, DepEd, CHR, NCIP and NGO
as members.

Section 51. Anti-Corporal Punishments. No child shall be

subjected to physical, degrading
and inhumane forms of punishment.

Section 52. Confidentiality of Records and Proceedings. All

records of children’s cases shall
be treated with strict confidentiality.

CHILD DEVELOPMENT PROGRAMS

Section 53. Maintenance of Children’s Profile. In order to fully

address the needs of children,
each Barangay of the Province shall maintain its
own Children’s Profile. The profile shall at all the
times be updated and available and shall serve as a
periodic survey record of all data or information
concerning children in the Barangay. The data to be
supplemented in the profile shall be provided by the
PSWD, which contains the number of children in the
barangay per age bracket, those who are in school
and out-of-school youth, those children with

30
 disabilities those who are youthful offenders, those
affected by epidemic and calamity those who are
working children, the maltreated and abused
children and such other related matters.

Section 54. Early Childhood Care and Development Program.

Pursuant to R.A. 10410,
Otherwise known as Early Years Act (EYA), the
Province shall establish, implement and sustain
programs aimed to:

a. Achieve and improve infant and child survival

rates by ensuring that
Adequate health and nutrition programs are
accessible to young children and their
parents, from the prenatal period
throughout the early childhood years;

b. Enhance the physical-motor, socio-emotional,

cognitive, language, psychological and
spiritual development of young children;

c. Facilitate a smooth transition from care and

education provided at home to community
or school-based setting and to kindergarten;

d. Ensure that young children are adequately

prepared for the formal learning system that
begins at kindergarten;

e. Establish an efficient system for early

identification, prevention, referral and
intervention for the wide range of children
with special needs from age zero (0) to four
(4) years;

f. Upgrade and update the capabilities of service

providers and their supervisors
to comply with quality standards for various
Early Childhood Care and Development
programs;

31
 g. Reinforce the role of parents and other
caregivers as the primary caregivers and
educators of their children especially from
age zero (0) to four (4) years;

h. Enhance and sustain the efforts of

communities to promote ECCD programs and
ensure that special support is provided for
poor, disadvantaged and linguistic minority
communities;

i. Improve the quality standards of public and

private ECCD programs through, but not
limited to, a registration and credential
system for ECCD service providers and
facilities;

j. Ensure that the education of persons, and in

particular children, who are blind, deaf or
deaf-blind, are conducted in the most
appropriate languages, modes and means of
communication for the individual, and in
environments which maximize academic and
social development; and

k. Employ teachers, including teachers with

disabilities, who are qualified in sign
language and/or braille, and to train
professionals and staff who work at all
levels of education.

Section 55. Alternative Learning System (ALS). The

Province shall strengthen the
alternative learning system. The ALS serve
children who are potential dropouts, working
children, those who are in armed-conflict areas,
the IP children, children in conflict with the law
and those who would not warrant the strict
observance of the standard curriculum.

Section 56. Investment in Educators and Health

Professional Training Program for
32
 Children with Special Needs. Training program
for educators and health professionals handling
children shall form part of the priority programs of
the local government units as recommended by
the Provincial Council for the Protection of
Children (PCPC).

CHILD PARTICIPATION PROGRAMS

Section 57. Children’s Park, With Reading and Recreation

Center. Every municipality
and city of the Province shall be encouraged to
establish children’s park, recreational center and
information technology center complete with
child-friendly facilities and reading
materials, apparatus and equipment, where
children may meet and play for their growth,
knowledge enhancement as well as for their
socio-cultural development

Section 58. Sports Development Program. The Province in

cooperation with PSWD, PSC,
DepEd, LGUs, NGOs AND NGAs shall formulate
and implement a sustainable Sports Development
Program.

Section 59. Socio-Cultural Programs. The Province shall

promote socio-cultural programs
such as, but not limited to, theatre workshops,
indigenous cultural presentations, traditional
celebrations and revival of indigenous games,
which are reflective of the cultural diversity in the
province.

OTHER PROGRAMS AND SERVICES

Section 60. Family Development Program. There shall be

established a Comprehensive
33
 Family Development Program in close
coordination with the IPHO, PSWDO, PPDO and
NGAs which shall include courses and services
relating to child health and child rearing practices,
parent effectiveness, pre-marriage and marriage
counselling, responsible parenthood, in the
context of Filipino psychology. This shall also
includes courses and services in community
organizing such as the social preparation for
people’s participation, community volunteer
resource development, and social welfare
structure development, among others.

Section 61. Gender Development Program. The Provincial

Government shall facilitate and ensure the
implementation of the Gender and Development
Code of Sultan Kudarat Province, including the
provision of the minimum appropriation of the 5%
GAD Fund as mandated by Republic Act No. 7192,
otherwise known as Women in Nation Building
Act.

ARTICLE VII
IMPLEMENTING MECHANISM

Section 62. Creation of Provincial Council for the Protection

of Children. There shall be
created a Provincial Council for the Protection of
Children (PCPC) to ensure the drawing and
implementation of plans for the promotion of
child and youth welfare. The Council shall
function as the consultative body of the Province
for the periodic planning, programming,
assessment and evaluation. It shall act as
regulatory board for the operation of the existing
programs and projects designed for children.

Section 63. Composition of PCPC. The PCPC shall be

composed of the following:

a. Provincial Governor - Chairperson

34
 b. Co-chairperson, Sangguniang Panlalawigan
Committee on Children, Women and Family
Affairs Chairperson
c. Chairperson, Sangguniang Panlalawigan
Committee on Social Services
d. Chairperson, Sangguniang Panlalawigan
Committee on Appropriations
e. Provincial Social Welfare and Development
Officer
f. Provincial Planning and Development
Coordinator
g. Provincial Health Officer
h. Schools Division Superintendent
i. Provincial Head – Department of Labor and
Employment
j. NGO Representative
k. One (1) Child Representative
l. Provincial Director, Department of Interior
and Local Government
m. Provincial Director, Sultan Kudarat
Provincial Police Office
n. Provincial Officer, National Commission on
Indigenous People;

Section 64. Duties of the PCPC. The Council shall have the
following duties:

a. To formulate annual work and financial plans

for children;

b. To assess the municipality and city projects and

programs affecting the children and
integrate the same to the programs and
projects of the Province. The provincial
programs and projects shall be aligned with
the National Plan of Action for Children;

c. To monitor and evaluate the implementation

of the city and municipal
programs;

d. To recommend policies and programs to the

Provincial Development Council;
35
 e. To provide the necessary technical assistance
to the municipality, city and barangay
councils if called for;

f. To mobilize resource assistance, specifically, to

provide appropriate support to child-related
projects or activities as recommended by the
local councils for the welfare of children;

g. To advocate for the passage of ordinance

pertinent to child survival, protection,
participation and development with
appropriate funding support;

h. To identify and recommend programs and

services to be contracted for implementation
by NGOs and other entities in the
implementation of this Code;

i. To establish a mechanism to ensure the

participation of children in formulating
policies affecting their welfare in the LGU’s of
Sultan Kudarat; and

j. To conduct children congress, assemblies and

symposia to document the issues and
concerns affecting the children.

Section 65. Secretariat Support. The Provincial Social

Welfare and Development Office
(PSWDO) shall serve as the PCPC secretariat and
shall be responsible for documentation of all the
meetings or proceedings of the council,
preparation and submission of reports and the
custodian of all documents of PCPC.

Section 66. Creation of the City or Municipal Councils for the

Protection of Children
(MCPC or CCPC). The Sangguniang Panlungsod
or Sangguniang Bayan shall create a City or
Municipal Council for the Protection of Children
(CCPC or MCPC) the composition of which shall be
36
determined by the concerned Sanggunian
depending on the needs and circumstances of the
area. The C/MCPC shall have the following duties
and functions:

a. To formulate the city/municipal plan of action

for children, incorporating projects and
programs that need assistance submitted by
their constituent barangays; and ensure the
integration of these plans into the City or
Municipal Development Plan;

b. To monitor, review and evaluate the

implementation of the city, municipal and
barangay plans;

c. To submit quarterly status reports on the

implementation of the plans to the province
through the PCPC;

d. To promptly address issues and concerns

affecting children and youth in their area;

e. To advocate for the passage of relevant child

and youth protective ordinances;

f. To advocate for increased support and

resource allocation for children’s programs
and projects from their respective local
government units and secure resources for
the same from other sources;

g. To provide technical assistance to the

community-based frontline workers through
the conduct of capability building and human
resource development activities; and

h. To prepare contingency measures to protect

children and their families in crisis brought by
the natural and man-made calamities.

37
 The secretariat support of the council shall be
lodged with the City or Municipal Social Welfare and
Development Office which shall be responsible for
the documentation of proceedings of meetings and
preparation of reports and other necessary
documents as needed by the Council.

Section 67. Creation of Barangay Council for the Protection of

Children (BCPC).
Pursuant to the provision of Article 87 of PD 603, a
Barangay Council for the Protection of Children
(BCPC) shall be established in all barangays within
the Province which shall be composed of
responsible members of the community, a
representative of the children, and government
and private agencies. The functions of the council
are the following:

a. To foster the education of every child in the

barangay;

b. To encourage the proper performance of the

duties of parents, and private learning
opportunities on the adequate rearing of
children and on positive parent child
relationship;

c. To protect and assist abandoned or

maltreated children and dependent;

d. To take steps to prevent juvenile delinquency

and assist parents of children with
behavioral problems so that they can get
expert advice;

e. To adopt measures for the health of children;

f. To promote the opening and maintenance of

playground and day-care centers and other
services necessary for child and youth
welfare;

38
 g. To coordinate the activities of organizations
devoted to the welfare of children and secure
their cooperation;

h. To promote wholesome entertainment in the

community, especially in movie houses;

i. To assist parents, whenever necessary in

securing expert guidance counselling from
the proper governmental or private welfare
agency;

j. To advocate for the passage of child-friendly

barangay ordinances in response to child-
related issues and concerns;

k. To prepare the barangay plans of action for

children which address the needs of children
in the community and ensure their
integration into the Barangay Development
Plan and implementation by the Barangay;
and
l. To submit quarterly barangay accomplishment
reports on the implementation of the plan to
the C/MCPC.

Section 68. Creation of a Special Desk for Children’s Concern.

There shall be created a
special desk for children’s concern in every LGU of
the Province which shall serve as the reception
area for any complaints and cases committed
against children in the most expeditious process.
The complaints received shall be immediately
forwarded to the appropriate authorities for the
immediate prosecution and disposition. The rules
and regulations and the composition of the
special unit shall be formulated by the local
councils.

Article VIII
THE PROHIBITED ACTS

39
Section 69. The Prohibited Acts Committed by the Child. The
child shall not commit the
following acts:

a. Staying late at night to the detriment of his

health, studies or morals;

b. Exposing themselves to vices and become

addicted to intoxicating drinks, narcotic
drugs, smoking, gambling, and other vices;

c. Escaping or stowaway from home or school

when admonished or reprimanded by the
parents or teacher or any person who has
custody over them, due to their fault or
wrong deeds;

d. Joining in any betting, game fixing or point

shaving and machinations in sports contests
or any form of illegal gambling;

e. Carrying any deadly or destructive weapon

at any time regardless of its ownership;

f. Engaging themselves in using and pushing

prohibited drugs, selling illegal or lewd
reading materials;

g. Smoking cigarettes and/or drinking liquor in

accordance with Section 42 of this Code; and

h. Such other analogous acts.

Section 70. Prohibited Acts Committed by Any Person. In

addition to all prohibited acts
defined and punishable under the existing
national laws, the following shall also be
considered criminal acts and punishable when
committed by any parent/s, persons or entity:

a. Refusal to give and provide all forms of

support to the child without justifiable
cause;
40
b. Causes the child through fraud, violence,
intimidation or undue influence to engage in
prostitution, pimping and sexual perversion
doing or participating in obscene shows, or
any other form or flesh trade;

c. Sells or abandons the child to another

person for valuable consideration;

d. Refusal to accept, enrol in any educational

institutions or entity without justifiable
ground;

e. Requiring the child to be absent from

attending school classes without justifiable
cause for more than five (5) days;

f. Infliction of cruel and inhumane punishment

or subjecting the child indignations and
other excessive chastisement that results to
embarrassment or humiliation such as, but
not limited to the following:

1. Putting or placing the child inside an

enclosure and/or sack to the end that
suffocation will occur;

2. Tying up the child tightly causing the

child to immobilization and hanging the
child upside-down for an inconsiderable
length of time;

3. Harshly whipping and beating the child

by using latigo or any hard object that
will cause injuries;

4. Intentional exposure of the child under

the heat of the sun;

5. Punishing the child by not giving food for

more than one day;

41
 6. Requiring the child to weed throughout
the whole school day by the teacher as a
form of punishment;

7. Subjecting the child to severe

humiliation;

8. Verbally abusing the child;

9. Subjecting the child to torture or

physical abuse;

g. Permits the child to possess, handle or carry a

deadly weapon, regardless of its ownership;

h. Allowing or requiring the child to drive without

a license or with an illegally procured license
with the knowledge of the parents. It the
motor vehicle driven by the child is registered
in the name of one or both parents, it shall be
presumed that the vehicle was driven with
the consent of the parents;

i. Discrimination in any form which includes:

1. Depriving a female child of her education

by reason of illegitimacy or pregnancy;

2. Disallowing or refusing a female child to

be admitted to school or any learning
institution, or not to be allowed to
graduate or obtain any awards that the
female child is entitled to;

3. Depriving children with physical

disabilities or handicaps to services and
privileges.

Section 71. Liability. The acts mentioned in the immediately

preceding section which are

42
 punishable under the existing national laws shall
be penalized thereunder. Acts or omissions not
falling under the said existing national laws shall
be penalized by imprisonment of six (6) months to
one (1) year and a fine not less than One Thousand
Pesos (P1,000.00) but not exceeding Five
Thousand Pesos (P 5,000.00) or both, at the
discretion of a competent court.

CHAPTER IX
REMEDIAL MEASURES

Section 72. Persons Who May File a Complaint. A

complaint against a person or entity
who abused a child may be filed by any of the
following:

a. Offended Party
b. Parents or legal guardian;
c. Ascendant or collateral relative of the child
within the third degree of consanguinity;
d. Duly authorized officer or social worker of the
Department;
e. Officer, social worker or representative of a
licensed child caring institution;
f. Barangay Chairman; or
g. At least three (3) concerned responsible
citizens of the community where the abuse
took place who have personal knowledge of
the offense committed.

Section 73. Protective Custody of the Child. The offended

party shall be placed immediately under the
protective custody of the Department of Social
Welfare and Development (DSWD) through the
local welfare and development officer. In the
regular performance of this function, the DSWD
shall be free from any administrative civil or
criminal liability. Custody proceedings shall be in
accordance with the provisions of law.
Section 74. Mandatory Reporting. The head of any public or
private hospitals, health centers and medical
43
 clinics as well as their medical personnel and staff
shall report, either orally or in writing, to the
WCPU in the provincial hospital the examination
and/or treatment of a child who appears to have
suffered abuse within forty-eight (48) hours from
such treatment or examination. A separate
medical record shall be kept and shall be
confidential.

Section 75. Duty of the Government to Report. It shall be

the duty of all teachers and
administrators in public schools, probation
officers, government lawyers, law enforcement
officers, barangay officials, correction officers and
other government officials and employees whose
work involves dealing with children to report of
possible child abuse to the authorities mentioned
in the preceding section.

Section 76. Failure to Report. The persons mentioned under

Sections 78 to 79 who have
personal knowledge of a possible child abuse and
fail to report the same to the proper authorities
shall be punishable under Republic Act 7610.

Section 77. Penalties. Violations of the provisions of this code

which are not penalized
under the existing laws shall be punishable by an
imprisonment of six (6) months to one (1) year or
a fine ranging from One Thousand (P1,000.00)
Pesos to Five Thousand Pesos (P5,000.00) or both,
at the discretion of the court.

Article X
FINAL PROVISIONS

Section 78. Implementing Rules and Regulations. The

implementing rules and regulations of this Code
shall be drafted by the Provincial Council for the
Protection of the Children (PCPC) within one (1)
year from the effectivity of this Ordinance.

44
Section 79. Appropriations. The Province of Sultan Kudarat
shall allocate funds necessary to implement the
provisions of this Ordinance which shall include
training and orientation of the stakeholders as
well as the promotion of this Code. The necessary
funds mentioned herein shall be appropriated or
included in the Annual Budget of each Local
Government Units (LGUs) at 1% from its IRA
allotment per RA 9344 otherwise known as
Juvenile Justice System.

Section 80. Separability Clause. If any provision of this

Ordinance is declared invalid or
unconstitutional, the remaining provisions not
affected thereby shall continue in full force and
effect.

Section 81. Repealing Clause. All ordinances, resolutions,

executive orders and other
local issuances which are inconsistent with any of
the provisions of this Code are hereby repealed or
modified accordingly.

Section 82. Effectivity Clause. This Ordinance shall take

effect thirty (30) days after
completion of its publication in a newspaper of
general circulation within the province of Sultan
Kudarat.

UNANIMOUSLY APPROVED.
FEBRUARY 29, 2016.

I HEREBY CERTIFY to the correctness of the above-

quoted resolution.

JIMMY C. ANDANG

45
 Secretary to the S.P.

ATT E ST E D :

EDUARDO M. DUQUE
S.P. Member
Acting Presiding Officer

A P P ROV E D :

DATU SUHARTO T. MANGUDADATU, AL

HAJ, PhD
Provincial Governor

46
 EXECUTIVE ORDER NO. 016

PROVIDING FOR THE RULES AND REGULATIONS

IMPLEMENTING PROVINCIAL ORDINANCE NO. 2016-01
OTHERWISE KNOWN AS THE AMENDED CHILDREN’S CODE
OF SULTAN KUDARAT PROVINCE

RULE I
TITLE, DECLARATION OF POLICY, SCOPE, PURPOSES
AND DEFINITION OF TERMS

Section 1. Title. This Implementing Rules and Regulations

shall be known and cited as the
Implementing Rules and Regulations of Provincial
Ordinance 2016-01, otherwise known as Amended
Children’s Code of Sultan Kudarat.

Section 2. Declaration of Principles and Policies. It is

hereby declared that the Province of
Sultan Kudarat is a child-friendly province
“solicitous for children.” In adherence to the policy
of the State, the Province recognizes the vital role
of the youth in nation building and shall promote
and protect their physical, moral, spiritual,
intellectual and social well-being. It shall inculcate
in the youth patriotism and nationalism, and
encourage their involvement in public and civic
affairs.

The provincial government of Sultan Kudarat

gives paramount recognition for the optimum
promotion and enhancement of children’s welfare
and stabilizes their rights for survival
development, protection, as well as participatory
rights. In harmony therewith this Province shall
aid and assist the family and all concerned sectors
such as but not limited to People’s Organizations
(POs), Non-Government Organizations (NGOs)
and business sectors. They are encouraged to
have a determined effort to achieve the goals
towards the highest degree of foster care to mold
the child to become better citizens. The Province
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 shall ensure that indispensable attention shall be
given during the child’s formative years as this is
considered the critical stage of child’s
development. The Province shall assure that
adequate funds and resources shall be allocated
for the effective implementation of this Code.

Section 3. Scope. These rules and regulations shall apply

equally to all children in the
Province of Sultan Kudarat regardless of sex,
culture, religion, legitimacy, social status and
political antecedents.

Section 4. Purposes. The enactment of these rules shall have

the following purposes:

a. To promote the child’s welfare and enhance

the opportunities for a useful and happy life;

b. To cultivate the child’s utmost individual traits

and attitudes;

c. To aid and support the parents in the exercise

of their natural right and duty in rearing the
child for civic efficiency;

d. To encourage institutions like schools, churches,

associations and community in general to
assist the province in its endeavours to
prepare the child for the responsibilities of
adulthood; and

e. To ensure the protection and rehabilitation of

children against all forms of abuses and
exploitation.

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Section 5. Child’s Welfare, Paramount. In all proceedings
before any court, administrative
agencies or bodies regarding the implementation
of the rules and regulations, the welfare of the child
shall be of paramount importance.

Section 6. Responsibilities of the Province. Pursuant to section

3 (2), Article XV of the 1987
Constitution, the Province shall defend the right of
the children to assistance, including proper care
and nutrition, education and special protection
from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to
their development.

Section 7. Definition of Terms. The following terms as used in

this IRR shall be defined as
follows:

a. Code shall refer to Children’s Code of Sultan

Kudarat Province.

b. Province shall refer to the Provincial

Government of Sultan Kudarat

c. Children refers to persons below eighteen

(18) years of age or over but are unable to
fully take of care or protect themselves from
abuse, neglect, cruelty, exploitation or
discrimination because of physical or mental
disability or condition;

d. Children’s Rights refers to all entitlements set

forth by law without distinction as to
legitimacy or illegitimacy, sex, social status,
religion, culture, political antecedents, and
other factors;

e. Child Abuse refers to the maltreatment of the

child whether habitual or not which includes
any of the following:

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 e.1 Psychological and physical abuse,
neglect, cruelty, sexual abuse and
emotional maltreatment;

e.2 Any act by deeds or works which

debases, degrades or demeans the
intrinsic worth and dignity of a child
as a human being;

e.3 Unreasonable deprivation of the child’s

basic needs such as but not limited
to food, clothing and shelter; or

e.4 Failure to immediately give medical

treatment to an injured child
resulting to the impairment of the
latter’s growth and development,
permanent incapacity or death.

f. Day Care is the provision of substitute

parental care and stimulating activities for the
total development of children ages zero to
four (0-4) year old when their parents are
unable to take care of them during part of the
day because of work and some other
situations.

g. Day Care Center is a facility where day care

services are provided by an accredited day
care worker particularly for children with in
the three to four (3-4) year old age bracket.

h. Special Children refers to any of the

following:

h.1 Dependent Child is one who is

without a parent, guardian or
custodian, or one whose parents,
guardian, or custodian, for good
cause desires to be relieved of his

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 care and custody, and is dependent
upon the public for support;

h.2 Abandoned Child refers to one who

has no proper parental care or
guardianship or whose parent(s) has
deserted the child for a period of at
least six (6) continuous months and
who has been judicially declared as
such.

h.3 Neglected Child is one whose basic

needs have been deliberately or
inadequately attended. Neglect may
occur in any or all of the following
ways:

h3.1 A child is unattended when left

all alone without supervision
and provisions for the
child’s basic needs.

h.3.2 Emotional neglect exists

when a child is maltreated,
raped or seduced; or are
exploited, overworked, or
made to work under
conditions not conducive to
child’s health; or are made
to beg in the streets and
public places; or when the
child is in danger, exposed
to gambling, prostitution,
and other vices.

h.4 Mentally Retarded Child is one

whose mental development, ability,
capacity or mental stage is not
equally at par with the evolving age
of the child or as determined as such
by a competent medical
professional. It may develop under

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 but not limited to the following
circumstances:

h.4.1 Retarded intellectually from

birth or early age;

h.4.2 Retarded at the age of

maturity through accident
or disease that is essentially
incurable;

h.4.3 Mentally deficient as a result

of constitutional origin,
through hereditary or
disease; or

h.5 Physically Handicapped Child is one

who is crippled, deaf-mute, blind, or
is suffering from other physical
defect which restricts the means of
actions and communication with
others;

h.6 Emotionally Disturbed Child is one

who, although not afflicted with
insanity or mental defect, is unable
to maintain normal and social
relations with others and the
community in general due to
emotional problems and
complexes;

h.7 Mentally Ill Child is one with any

behavioral disorder, whether
functional or organic, which is of
such a degree of severity as to
require professional health or
hospitalization.

i. Children in Conflict with the Law (CICL) are

children who are over nine (9) years but below
eighteen (18) years of age at the time of the
commission of the offense.
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 A child nine (9) years of age or under at a time
of the offense shall be exempt from criminal
liability and shall be committed to the care of
the child’s parents, or nearest relative or family
friend at the discretion of the court and subject
to its supervision. The same shall be done for a
child over nine years and under fifteen years of
age at the time of the commission of the
offense, unless he acted with discernment, in
which case the child shall be proceeded
against in accordance with Article 192 of P.D.
603.

j. PCPC Regulatory Function - The PCPC

regulatory function shall be limited to
monitoring and evaluation of the
implementation of existing PPAs for children in
the province of Sultan Kudarat.

k. Corporal punishment refers to punishment or

penalty for an offense or imagined offense,
and or acts carried out for the purpose of
discipline, training or control, inflicted by an
adult or by another child, who has been given
or has assumed authority or responsibility for
punishment or discipline.

Physical punishment includes acts such as but

not limited to:

i.1 Blows to any part of a child's body, such as

beating; kicking; hitting; slapping;
lashing; with or without the use of an
instrument such as a cane, shoes, broom,
stick, whip or belt;

i.2 Pinching; pulling ears or hair; shaking;

twisting joints; cutting and shaving hair,
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 cutting or piercing skin; carrying,
dragging or throwing a child;

i.3 Forcing a child, through the use of power,

authority or threats, to perform
physically painful or damaging acts, such
as holding a weight or weights for an
extended period; kneeling on stones. salt
or pebbles; squatting; standing or sitting
in a contorted position;

i.4 Deliberate neglect of a child's physical

needs, where this is intended as
punishment

i.5 Use of extreme substances, such as

burning or freezing materials, water,
smoke, pepper, alcohol, excrement or
urine;

i.6 Confinement, including being shut in a

confined space or material, tied up or
forced to remain in one place for an
extended period of time; or

i.7 Any other physical act perpetrated on a

child's body, for the purpose of
punishment of discipline, intended to
cause some degree of pain or discomfort,
however light humiliating and degrading
punishment includes such acts but not
limited to:

i.7.1 Any threat of physical punishment;

i.7.2 Verbal assaults, threats, or

intimidation;

i.7.3 Verbal abuse, yelling, swearing,

name-calling, ridiculing or
denigrating;

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 i.7.4 Child made to look or feel foolish in
front of one's peers or the public;

i.7.5 Other acts or words which belittle,

humiliate, blame, ignore, or isolate
the child; and

i.7.6 Use of hazardous tasks as

punishment or for the purpose of
discipline, including those that are
beyond a child's strength or bring
him or her into contact with
dangerous or unhygienic
substances; such tasks include
sweeping or digging in the hot sun
or rain; using bleach or
insecticides; unprotected cleaning
of toilets.

Rule II
RIGHTS OF THE CHILD

Section 1. Entitlement. All children shall be entitled to all the

rights set forth in the IRR without distinction as to
legitimacy, sex, social status, religion, culture,
political antecedents, and other factors.

Section 2. Survival Rights. The child shall enjoy ab initio all the
survival rights to life, to growth essentials, and to
health to the extent that, the child shall be given
adequate care, assistance and guidance through
various levels of growth, from infancy to childhood,
puberty and adolescence. The promotion of the
child’s health shall begin with adequate pre-natal
and post-natal care for both the mother and the
child. The needs of children who are
underprivileged, sick and disabled shall be given
priority. The parents shall be assisted by the
appropriate Provincial entities in looking after the
health, education and overall welfare of the child.
The Province shall ensure that appropriate measures
shall be taken for the normal and total development
of the child.
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 The survival rights of the child are the following:

e. Every child is endowed with the dignity and

worth of a human being from the moment of
conception.

f. Every child has the right to a wholesome

family life that will provide the child with love,
care, understanding, guidance and
counselling, and moral and material security;

g. Every child has the right to grow up as a free

individual in an atmosphere of peace,
understanding, tolerance, security and
healthy environment to ensure the child’s
positive contribution in building a better
world.

h. Every child has the right to a balanced diet,

adequate clothing, sufficient shelter, proper
medical attention, and the basic physical
requirements for a healthy and vigorous life.

Section 3. Development Rights. Every child shall be given

all the opportunities for the total development of
their physical, mental, emotional, moral and
social well-being. The Province shall ensure that
facilities appropriate to the age level of the child
shall be provided to ensure the child’s fullest
development.

Pursuant to Section 1, Article XIV of the 1987

Constitution, the Province shall protect and
promote the right of all children to quality
education at all levels and shall take appropriate
steps to make education accessible to all. To this
end, the Province shall ensure that:

a. Every child has the right to quality education

commensurate with the child’s abilities and
skills to ensure holistic development;

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b. Every child has the right to a well-rounded
development of his or her personality to the
end that the child may become a happy,
useful and active member of the society. To
this end, the following shall be accorded the
following treatment:

b.1 The gifted child shall be given

opportunity and encouragement
to develop the child’s special
talents.

b.2 The emotionally disturbed or

socially
treated with sympathy and
understanding and shall be
entitled to treatment and
competent care.

b.3 The physically or mentally

handicapped child shall be given
the treatment, education and care
required of the child’s condition;

c. Every child has the right to be brought up in

an atmosphere of morality and rectitude for
the enrichment and strengthening of the
child’s character;

d. Every child has the right to full opportunities

for safe and wholesome use of their leisure
hours. The Province shall ensure that the toys
used in schools and day care centers are
appropriate to the developmental age of the
child. To foster cultural awareness, the
toys used by children belonging to the
indigenous community shall likewise be made
available to schools and day care centers.

e. Every child has the right to an efficient and

honest government that will deepen their
faith in governance and inspire them to lead
honest and modest lives. The Province, its
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 officers and employees shall set a good
example for the realization of these values.

Section 4. Protection Rights. The child shall enjoy the

protection of the Province from all
forms of abuse, neglect, cruelty, exploitation,
discrimination and any other conditions
prejudicial to their development. The Province
shall accord the child the following protection:

a. Every child has the right to protection

against exploitation, improper influences,
hazards, and other conditions or
circumstances prejudicial to their physical,
mental, emotional, social and moral
development;

b. Every child has the right to live in a healthy

environment and in a community that
promotes the desirable traits and attributes
of the child.

c. Every child has the right to the care, assistance

and protection of the Province when
the child’s parents or guardian fails or unable
to provide the child the basic needs for
growth and development.

Section 5. Participation Rights. The child shall enjoy the

right to be actively involved in all
matters affecting their welfare. The Province shall
ensure that venues affording the child to
participate shall be provided in the Province,
municipalities and barangays. The views of the
child pertaining to all matters affecting them shall
be respected and taken into consideration. The
participation rights of the child shall include but
not limited to the following:

a. Every child shall have the right to form or join

social, cultural, educational, recreational, civic

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 or religious organizations for lawful cause or
causes in their respective communities.

b. Every child shall have the right to choose their

own career. Parents may advise them on this
matter but should not impose their own
choice upon the child;

c. Every child shall be allowed to participate in all

matters affecting them. In the matter of the
child’s discipline, the child shall be allowed to
present their side which shall be taken into
consideration.

d. Every child shall be encouraged to associate

with other children with whom they can
develop common interests of useful and
salutary nature. It shall be the duty of the
parents to know the friends and activities of
their children to prevent them from falling
into the bad company;

e. No child shall be forced to enter into early

marriage. Cases of early marriages shall not
be allowed and tolerated;

f. Marriages performed in accordance with

customary laws, rites, traditions, and
practices shall be recognized.

g. To ensure their holistic development the

Province shall initiate child-participation
activities such as athletic activities, leadership
trainings, skills competition and seminars or
workshops. The Province shall likewise
promote such activities so that more children
can participate.

Rule III
RESPONSIBILITIES OF THE CHILD

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 Section 1. Duties of the Child Under Parental Care. A child
shall always observe respect
and reverence towards their parents. Children
under the care of their parents are encouraged to
obey them.

Section 2. Responsibilities of the Child. Every child, regardless of

the circumstances of
their birth, sex, religion,
social status, political antecedents and other
factors shall:
a. Strive to lead an upright and virtuous life in
accordance with the tenets of their religion,
the teachings of their elders and mentors,
and the biddings of a clean conscience;

b. Extend to their siblings their love,

thoughtfulness, and helpfulness, to keep the
family harmonious and united;

c. Love, respect and obey their parents, and

cooperate
with them in strengthening the family;

d. Exert utmost effort to develop their potentials

by undergoing formal education suited to
their abilities for them to become a better
citizen;

e. Respect their elders, the customs and

traditions of our people, the memory of our
heroes, the duly constituted authorities, the
laws of the country and the principles and
institutions of democracy;

f. Actively participate in civic affairs and in the

promotion of the general welfare bearing in
mind that the children are the hope of
tomorrow;

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 g. Respect the rights of others and in the pursuit
of their aspirations, foster cooperation
among other children.

Section 3. Other responsibilities of a child adopted

nationally and internationally not
hereby included are deemed to have been
adopted.

Rule IV
RIGHTS AND DUTIES OF PARENTS

Section 1. Rights of Parents. The rights of parents are the

following:

a. The parents shall have the right to the company

of their children and in relation to all other
persons or institutions dealing with the child’s
development, the primary right and
obligations to provide for their upbringing;

b. The parents shall continue to exercise the

rights mentioned in Article 316 to 326 of the
Civil Code over the person and property of
their child; and

c. Parents have the rights to discipline the child

as may be necessary for the formation of
their good character, and may therefore
require from them obedience to just and
reasonable rules, suggestions and
admonitions.

Section 2. General Duties of Parents. The duties of parents

are the following:

a. To give them affection, companionship and

understanding;
b. To extend to them the benefits of moral
guidance, self-discipline and religious
instructions;

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 c. To supervise their activities, including their
recreation;

d. To inculcate in them the values of industry,

thrift and self-reliance;

e. To stimulate their interest in civic affairs, teach

them the duties of citizenship, and develop
their commitment t0 their country;

f. To advise them properly on any matter affecting

their development and well-being;

g. To always set a good example;

h. To provide the child with adequate support, as

defined in Article 290 of the Civil Code; and

i. To administer their property, if any, according to

their best interest, subject to the provisions
provided under Title IX, Chapter IV of the
Family Code.

Section 3. Obligations of the Mother. The mother plays the

most critical role in the child’s
well-being. As such, the Province ensures the
equal protection of the life of the mother and the
unborn from conception. The following are her
obligations:

a. The mother shall employ intensive care and

protection of the fetus from knowledge and
confirmation of pregnancy;

b. The mother shall ensure that pre-natal care of

the fetus are properly and safely availed;

c. The mother shall ensure that post-natal care of

the baby are availed of through regular visit
to the barangay or community health clinics
and heed the advice of competent health
workers for the healthy growth of the child.

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 d. With the cooperation of the father, the mother
shall ensure that the child shall be fed with
nutritious food to have a well-balanced diet.

e. The mother shall be encouraged to prefer

breast feeding over commercially available
milk to ensure that the child receives the best
nutrition.

Section 4. Obligations of the Father. The father plays

essential role of the well-being of
the child. He is the head of the family to the
extent that in case of disagreement in the joint
exercise of parental authority with the wife over
the persons of the children, the decision of the
father shall prevail unless there is a judicial order
to the contrary. He is the provider so that financial
provisions for the family’s survival must emanate
from him; together with the wife he is responsible
for the caring and rearing for civic consciousness
and efficiency and the development of their
moral, mental, and physical character and well-
being. The father shall assist the mother at all
times in her obligations mentioned under Section
17 of this Code.

Section 5. In consideration of Section 15, 16, 17, and 18 of

the Code the following
programs, projects, and activities shall be
implemented to wit:

a. Family Development Sessions

b. Parents Effectiveness Seminar
c. ERPAT, KA TROPA
d. Pre-marriage Counseling
e. Family Case Conference
f. Buntis Congress
g. Marriage Encounter Seminar
h. Pre-Cana Seminar
i. Child and Gender Sensitivity Training for
health workers

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Section 6. Other obligations of the parents adopted
nationally and internationally not
hereby included are deemed to have been
adopted.

Rule V
CONCERNED INSTITUTIONS

The Province shall ensure that the following institutions

shall observe their respective mandates. These institutions are:

Section 1. The Educational Institutions. The schools and

other educational entities
engaged in formal and non-formal education,
with the assistance of the Province, shall aid the
parents in providing the best education for the
child. The schools shall inculcate patriotism and
nationalism, foster love of humanity, respect for
human rights, appreciation of the role of the
national heroes in the historical development of
the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual
values, develop moral character and personal
discipline, encourage critical and creative
thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.

Section 2. The Mass Media. The mass media shall at all

times observe balanced and
responsible journalism to the extent that if
possible it shall ensure that only materials of good
influence must be presented - by giving priority to
educational, child-friendly programs, as well as
positive values formation programs and see to it
that the best interest of the children must be
served.

Section 3. The Local Government Units (LGUs). The LGUs

shall ensure the delivery of
basic services to children by establishing
comprehensive programs and make sure that

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 adequate budget is allocated for its total
implementation. The LGUs shall support the
establishment of children’s organizations which
shall be organized in the following manner:

a. The formation of the children’s organizations

shall start at the barangay level;

b. A representative of each barangay shall then be

chosen to compose the children’s
organization at the municipal or city level;

c. A representative of each municipality and city

level shall be again chosen to compose the
children’s organization at the Provincial level.

The representative in each level shall be 10-17

years of age without distinction as to sex, culture,
religion, social status and political antecedents.

Section 4. The Civil Society Organizations (CSOs). The civil

society organizations shall
be active partners in the promotion of the
children’s welfare and shall give aid and assistance
in any form to programs designed for the welfare
of the children.

Section 5. The Women’s Organizations. In recognizing the

role of women in nation-
building, women-led organizations shall be
encouraged to include in their advocacy those
programs that are beneficial and promote the
welfare of the children;

Section 6. The Local Councils. The Provincial/City/

Municipality/ Barangay Council for the
Welfare of the Children shall be the consultative
assembly of all issues concerning children at their
own level and conduct its periodic planning and
programming, assessment and evaluation. It shall
act as a regulatory body for the implementation
and operation of all existing programs and

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 projects designed to promote the welfare of the
children. It shall be involved in all processes
related to the refinement of the implementing
rules and guidelines of this code.

Section 7. The Community. The community shall respect

the rights of the children at all
times for them to have full enjoyment of their
rights and live in a society that guarantees safety,
healthy environment and provide facilities
essential for the children’s wholesome growth and
development.

Section 8. All other agencies, not hereto enumerated but

later been found to be
contributory and important in the
implementation of the Ordinance, are hereby
included.

Rule VI
COMPREHENSIVE DEVELOPMENT PROGRAMS AND
SUPPORT SERVICES

Section 1. Comprehensive Programs for Children. The

Province of Sultan Kudarat, its city
and municipalities shall immediately, upon
effectivity of the Code, formulate a
comprehensive program that promotes the
survival, development, protection, and
participation rights of the child. Programs for the
child’s protection against all forms of abuses and
prevention of child abuse, juvenile delinquency,
drug addiction, trafficking and others shall also be
formulated.

Section 2. The PPAs formulated for children by PCPC shall

become part of the
executive budget of the province (1%).

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Section 3. Program Formulation, Continuing Process. The
Province shall establish a mechanism for the
continuation of the comprehensive programs
mentioned in Section 26 of the Code by means of
consultation, coordination, participation and
cooperation of the different sectors of the society,
government agencies and the LGUs.

Section 4. Responsibilities of the Provincial Government

for Province Wide Programs.
The Province shall provide technical and financial
assistance for the proper implementation of the
comprehensive programs under Section 26 as well
as the mechanisms established under Section 27.

CHILD SURVIVAL PROGRAMS

Section 5. In consideration of Section 9 of the Code, the

following programs,
projects, and activities shall be implemented to
wit:

a. Barangay Civil Registration Campaign. All

children must be registered at birth. City and
municipalities shall conduct free birth
registrations. Monitoring of registration of
births at barangay level shall be done.

b. Health Care Package. All Essential Health

Care Package for mothers and their unborn
shall be given.

b.1 Pre Natal:

b.1.1 Quality pre-natal care of all

pregnant women.
b.1.2 Micronutrient supplementation
b.1.3 Early detection and
management of complications/
Monitoring of high-risk
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 pregnancies for immediate
referral to proper tertiary or
secondary hospital for
competent obstetrical and
pediatric medical care for
mother and child who are at risk;
b.1.4 Treatment of diseases and other
conditions
b.1.5 Oral care
b.1.6 STD/HIV and AIDS prevention
and management
b.1.7 Laboratory services such as
blood typing, hemoglobin
determination and urinalysis
b.1.8 Counseling and referral for
pregnant women

b.2 Intra-Partum:

b.2.1 All pregnant women shall deliver

in a health facility attended by
skilled birth attendant.
b.2.2 Provision of essential Intra-
Partum new born care
b.2.3 Compulsory compliance of new-
born screening. Pursuant to R.A.
9288 known as the “Newborn
Screening Act of 2004”, all
newborn babies should undergo
newborn screening to determine
congenital metabolic disorder
within 24 hours and 72 hours
after birth but not less than 24
hours from birth. A trained
physician, nurse, midwife or
medical technologist will collect
blood samples for newborn
screening.
b.2.3 Immunization (Hepa B and BCG)
b.2.4 Initiation to Breastfeeding

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 b.2.5 Implementation of Baby friendly
Hospital
b.2.6 Establishment of service
delivery network

b.3 Post-Partum

b.3.1 Micronutrient
b.3.2 Post-Partum visit within 72 hours

c. Child-Under Five

c.1 Exclusive breastfeeding up to six (6)

months and appropriate
complementary feeding 6 months
onwards. Continue breastfeeding
up to two years.
c.2 Micro nutrient supplementation
c.3 Fully immunize children
c.4 Integrated management of common
child illnesses
c.5 Deworming
c.5 Nutrition Surveillance (OPT)
c.6 Oral Care

d. Other Health Services:

d.1 Combat HIV and AIDS and other

communicable diseases
d.2 Water and Sanitation program
d.3 Establishment of lactating station/
breastfeeding room in public/
private offices and establishments.
d.4 Establishment of Women and
Children Protection Unit in
government hospitals

e. Advocacy:

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 e.1 Information, Education and
dissemination on various health
services
e.2 Advocacy for healthy life style
(Backyard gardening/organic
farming)
e.3 Continuous advocacy on Infant and
Young Child Feeding (IYCF) through
continuous capacity building
to community-based breastfeeding
support groups, mothers, health
workers; and inclusion of IYCF to
school curricula.

f. Data Banking:

f.1 Field Health Services Information

System (health Indicators)
f.2 Health Statistic (Mortality and
Morbidity)
f.3 Philippine Malaria Information
System.

g. Health Facilities Development

g.1 Establishment and PhilHealth

accreditation of birthing facilities
on strategic areas
g.2 Establishment of Half Way Home
for pregnant women
g.3 Upgrading of Province-run hospitals
g.4 Improvement and accreditation of
rural health units and other
health facilities
g.5 Public and Private Partnership for
establishment of health facilities

Section 6. Access of Children to School and Community

Water, Sanitation And Hygiene (WaSH)
Facilities. The local government shall ensure that
the schools and barangays maintain the WaSH

70
 facilities in their respective localities to include
safe water sources, safe drinking water, hand-
washing and toilet facilities. It shall further ensure
that P/C/MHO and the Rural Sanitary Inspector
(RSI) conducts regular monitoring to communities
and schools. Barangay Councils must conduct a
regular inspection also and submit status reports
as the need arise.

Section 7. Maternal and Child Care Program. The Provincial

Government shall continue to implement, support
and sustain its maternal and child care service
programs which shall cater to the welfare of both
mother and the child.

Section 8. Preventive Care and Health Service. The

program on preventive child care and services will
include, among others, the monitoring and
registration of births and the completion of the
immunization series for prevention of
tuberculosis, diphtheria, pertusis, neonatal
tetanus, measles, poliomyelitis, hepatitis B, and
other diseases for which vaccines have been
developed for administration to children up to five
years of age.

Section 9. Health Insurance for Indigents. The Provincial

and Local Government Units shall ensure the
enrolment of the indigent households as
determined by the existing guidelines set by
PhilHealth and DSWD. In case of specialized care
or advance treatment which are beyond the
coverage of the health insurance or are not
available in the government hospitals, the
Provincial government shall assist the patient to
avail the needed treatment.

Section 10. Mother and Baby Friendly Hospital and Other

Birthing Centers. All hospitals in the Province of
Sultan Kudarat shall comply with the
requirements of the Department of Health for a
mother and baby friendly hospital. The Province

71
 shall coordinate with the Department of Health to
ensure the compliance to pertinent laws, rules and
issuances.

Section 11. Nutrition Program - The provincial government

shall:

a. Intensify the Information Education and

Communication Campaign on the Food
Always In The Home (FAITH) garden and
proper nutrition;

b. Sustain the provision of micronutrients like

Vitamin A, Iron and Iodine;

c. Supplemental feeding for underweight and

severely underweight and wasted and
severely wasted school children; and

d. Intensify growth monitoring of children;

Section 12. Reproductive Health (RH) Program. The

Provincial Government shall ensure
the full implementation of Republic Act 10354 or
the Reproductive Health Law as well as the
related programs spearheaded by the
Department of Health. In relation thereto, the
province shall likewise ensure the
implementation of the following:

a. Adolescent Reproductive Health (ARH) -

Establishment of an LGU-led ARH complex
where services, counseling and information
are continuously addressing the health and
social concerns of the adolescents and youth
shall be provided;

b. Prevention and Treatment of Reproductive

Tract Infections (RTIs) Including STDs, HIV and
AIDS - The Local Government Unit (LGU) shall
establish a Social Hygiene clinic for the
72
 prevention and treatment of RTIs and STDs.
Supplemental to this endeavor, reproductive
health concepts must be included in the
curricula for Social Science Subjects at all levels
of education utilizing teaching techniques and
approaches appropriate to the
developmental stage of the learners;
c. Prevention of abortion and management of its
complications;

d. Education and counselling of sexuality and

sexual health for the prevention of
pre-marital sex;

e. Male Involvement on Reproductive Health - The

provision of RH information and services,
education and counseling, specifically for
young men in preparation for their future
roles; and

f. Maternal Health - The provision of Information

and Care Services specific for pregnant
adolescents to address the issue on early
pregnancy and marriage.

Section 13. Promotion of Primary Health Program. The

Province shall promote major
strategy towards health empowerment
emphasizing the need to provide accessible and
acceptable health services through Maternal
Neonatal Child Health Nutrition:

b. Quality pre-natal care by undergoing

check-ups and consultations with the
nearby rural health centers for the
purpose of detection of pregnancy
related risks that will endanger the life of
the mother, the unborn or both for the
entire duration of the pregnancy.

c. Quality post-natal care to supplement

after-birth requirements for the mother
73
 and for the infant such as immunization
and the like;

d. Quality information and education on

breast feeding benefits and utilizing
reference materials relating thereto;

e. Information, education and

communication campaign on the
importance of readily-available
vegetables as source of healthy and
nutritious supplements to combat
malnutrition;

f. Quality information to combat diseases

through the application of readily
available technology and services such as
micronutrient supplementation,
deworming, immunization, newborn
hearing and screening test, and basic oral
health care;

g. Promotion of facility-based delivery to

expectant/pregnant mothers; and

h. Training of Health Workers on Gender

Sensitivity – Under the supervision of the
Provincial Health Office, all provincial,
city, municipal and Barangay health
workers shall undergo proper and
appropriate trainings to enhance health
care awareness so that improved health
services will be imparted by them
especially to the needy and indigents.

Section 14. All other PPAs not hereto enumerated but

adopted nationally and internationally shall
hereby hereto adopted.

CHILD PROTECTION PROGRAMS

74
Section 15. In consideration of the Section 11 of the Code the
following policies, plans,
programs, projects, and activities shall be
implemented to wit:

a. Capacity Building on:

a.1 Parents Education

a.1.1 Parents Effectiveness
Seminars
a.1.2 Responsible Parenting
Seminars
a.1.3 Family Development
Sessions
a.2 Advocacy Program on Child Protection
Laws
a.3 Mainstreaming of Child Protection to
All Business Enterprise in the
province
a.4 Comprehensive Emergency Program
for
Children

b. Response

Formulation and adoption of responsive

ordinances and policies with child friendly
commitments.

b.1 Unlad Kabataan Program (UKP) (child-led

organizations in the province)
b.2 Diversion and Community-based
intervention program for CICL
b.3 Sagip Anghel
b.4 Sagip Batang Manggagawa
b.5 Crisis Intervention
b.6 Medical and Educational Assistance for
CWD
b.7 Medical, Dental, Psychosocial and Legal
Services for Children in Need of Special
Protection
b.8 Critical Incidence Stress Debriefing

75
 b.9 Healing and Reconciliation (Substance
Abuse)
b.10 Capability Building for Right Holders and
Duty Bearers
b.11 Skills Training for CNSPs and their
Families
b.12 Alternative Livelihood Program for
Families of CNSP
b.13 Establishment of VAWC Desk in every
Barangay
b.14 Establishment of Bahay Pag-asa
b.15 Comprehensive Local Integration
Program
(Rebel Returnees)
b.16 Strengthening of referral system among
stakeholders on children’s cases
b.17 Conduct of regular meetings of the
Pillars of
Justice and PIACAT-VAWC
b.18 Establishment of Sultan Kudarat
Children’s
Hospital
b.19 Functional Child Protection Unit

c. Reporting

c.1 Establishment of documenting and

monitoring system of all cases related to
children

Section 16. Comprehensive Emergency Program for Children.

There shall be a
comprehensive emergency program for children
as stipulated in the Republic Act 10821 also known
as the Children’s Emergency Relief and Protection
Act of 2016, the province and its component LGUs
shall ensure the protection of children’s particular
needs before, during and after crisis. The program
should be gender and child sensitive and have the
following:

76
a. Establishment of Evacuation Centers - shall
establish and identify safe locations as
evacuation centers for children and
families.

b. Establishment of Transitional Shelters for

Orphaned, Separated, and
Unaccompanied Children - shall establish
an option for transitional shelters,
prioritizing vulnerable and marginalized
groups including orphaned, separated,
and unaccompanied children and
pregnant and lactating mothers. New
transitional shelters shall be designed
with the following considerations:
gender-specific emergency latrines.
Bathing cubicles, and hand washing
facilities specifically designed for
children. It shall provide mother and
child-friendly spaces where children can
take part in child activities. It shall
also have provisions for maternal and
newborn and infant care and rooms to
protect and feed. Provide personal care
and ensure the right to privacy. Existing
transitional shelters shall be modified to
the extent possible to comply with the
abovementioned considerations.

c. Assurance for Immediate Delivery of

Basic Necessities and Services. The
Program shall facilitate and ensure the
immediate delivery of basic necessities
and services specifically required by the
affected children in different stages of
development such as access to basic
health services. Food, water, nutrition,
medicines, clothing, sanitary and
hygiene kits, and other emergency
needs such as blankets, mosquito nets,
cooking ware and fuel, and flashlights.
The Program shall give priority to the

77
 specific health and nutrition needs of
pregnant women, lactating mothers,
n e w b o r n babies, children under five
years old and children with special needs
and protection.

d.Stronger Measures to Ensure the S a f e t y

a n d S e c u r i t y of Affected
Children - shall come up with measures
and protocols to monitor and ensure the
safety and the security of the
affected children including and not
limited to children with disability and
with special needs and protection in time
of calamities and also ensure protection
of children against all forms of violence,
abuse and exploitation.

The province shall prioritize the

establishment and functionality of the
barangay violence against women and
children (VAWC) desks. The VAWC desk
shall serve as one of the key reporting
and referral mechanism for cases of
violence, abuse, and exploitation of
children in the barangay during all
phases of emergency response and
recovery. Children shall be given
priority during evacuation as a result
of a disaster or other emergency
situation. Existing CSOs In the
community shall be tapped to look after
the safety and well-being of children
during evacuation operations. Measures
shall be taken to ensure that children
evacuated are accompanied by persons
responsible for their safety and well-
being.

e. Delivery of Health, Medical, and

Nutrition Services. Under the p r o g r a m
of the P / C / M HO, in coordination with
78
 the P/C/MSWDO, and the different
departments/units, and CSOs in the
community, shall provide the health,
medical, and nutritional needs of
children in the areas declared under the
state of calamity, including psychosocial
interventions for children in different
stages of development.

f. Plan of Action for Prompt Resumption

of Educational Services for
Children. The Department of Education
(DepEd) in coordination with the
P/C/MSWDO and DILG shall ensure the
prompt resumption of educational
services for all children, including early
childhood care and development for
children aged below five (5).

g. Establishment of Child-Friendly Spaces

– The province shall set up
Child-Friendly Spaces in every barangay
declared under the state of calamity, as
needed, based on the guidelines to be
promulgated by SK-PCPC. ln addition,
the local government shall coordinate
with lead agencies and CSOs to
effectively respond to the needs of the
children In the area. Child-Friendly
Spaces shall be made available
throughout a crisis, from emergencies to
recovery.

In case the concerned barangay cannot

immediately respond due to the huge
impact of disaster, the P/C/MSWDO and
the P/C/MDRMMO, together with the
concerned government agencies and in
coordination with CSOs and other
stakeholders, as well as nearby LGUs,
shall provide the necessary child care
services and social protection of affected

79
 children.

h. Promotion of Children's Right. - The

Program shall include activities and
processes that will promote and uphold
the rights of children by:

h.1 Providing child-centered training

for all responders;

h.2 Ensuring that children are

provided with adequate access to age
- appropriate information on
their roles and responsibilities
and those of government
agencies before during, and
after disasters and other
emergency situations;

h.3 Providing for an effective

mechanism for training and meaningful
p ar t ic ip at io n o f children in
community disaster risk
reduction program; and

h.4 Consulting with the affected children

on their needs and priorities
for post-disaster relief and
recovery.

i. Services for orphaned, unaccompanied,

or separated children. The SK-
PCPC shall develop a minimum set of
standards and guidelines for the Family
Tracing Reunification System of
unaccompanied and separated children.
Orphaned children, and unaccompanied
or separated children whose families or
relatives cannot be found or assessed to
be incapable of providing proper care
and protection shall be placed in a

80
 licensed or accredited residential care
facility or with a foster family In
accordance with Article 140 of the Child
and Youth Welfare Code, or a
community-based center. A registered
social worker shall provide the needed
case management a n d intervention.

j. System of Restoring Civil Registry

Documents. - To ensure that vital
information pertaining to the personal
circumstances of a child are adequately
protected and available at all times, the
City and Municipal Civil Registrar shall
develop a system for the restoration
and reconstruction of civil registry
documents that have been destroyed or
declared lost or missing during a
disaster or calamity.

The Civil Registrar shall submit a report

on the number of restored or
reconstructed documents to appropriate
government agencies for effective
monitoring and reporting' and to
ensure the continued access of the
affected children to social services and
facilitate the reunification of separated
children with their families. It shall
likewise develop a system for the
registration of children born during a
national or local state of calamity.

k. Training of Emergency R e s p o n d e r s
on Child Protection. The
P/C/MDRRMC shall promote and
conduct a child-responsive training
program for all responders in the
calamity area such as community and
barangay leaders, community members,

81
 school personnel and other rescuers. The
training program shall include the
following:
k.1 Proper procedures and measures to
assess the situation, safeguard and
protect the affected children during and
after emergencies and
disasters; and

k.2 Appropriate training on psycho-social

Interventions for children in different
stages of development who are victims
of calamities.

k.3 Each member agency shall include or

mainstream child protection in
the emergency response training to
service providers.

l. Data Gathering, Monitoring, and

Reporting - The S K- P C P C s h a l l
come up with a report taken
f r o m agencies mandated u n d e r
R A 1 0 8 2 1 to monitor and report
on the implementation of services
under the program and submit the same
to Sangguniang Panlalawigan annually.
The report shall include a specific section
on pregnant women and children under
five years of age as a strategy for
ensuring to address the post-disaster
nutrition needs of children under age
five and pregnant women are both
understood and met.

In the aftermath of a national or local

state of calamity, the collection and
reporting of data for the Disaster Risk
Reduction Management Information
System at all levels, as provided for
in Republic Act No. 10121 shall be
disaggregated by age, gender, ethnicity

82
 and special needs. Such collected data
shall be utilized to understand and
respond better to the needs of children
affected by disasters and calamities.

Within five (5) days from the declaration

of a state of calamity or as soon as
practicable, the P / C/MSWDO and the
Barangay Affairs Unit shall jointly submit
written documentation and report on
their surveillance and monitoring
activities to the Sangguniang
Panlalawigan/Panlungsod/ Bayan.

m. Conduct of IEC on Disaster Risk

Reduction and Climate Change
Mitigation and Adaptation

n. Appropriations to the Comprehensive

Emergency Program. The
implementation of the programs under
RA 10821 shall be charged against the
Local Disaster Risk Reduction and
Management Fund (LDRRMF).

Section 17. Establishment of Provincial Children Crisis

Center (PCCC), Rationale and
Functions. Consistent with the principles of the
State, the spirit and letter of the Constitution,
those provided under Republic Act 7610 and
Republic Act 8505, there shall be a Provincial
Children Crisis Center (PCCC) established in the
Province which shall cater to the abused children.
In addition, the PCCC shall also be considered as a
Rescue and Protection Center under but not
limited to the following circumstances:

a. As a shelter care institution for the care

and protection of children survivors of
gender-based violence, fortuitous events,
abandonment, neglect or cruelty; and

83
 b. As a receiving home to provide temporary
shelter for short period to those who are
under observation and study for eventual
placement by the DSWD.

Section 18. Management and Operation of the PCCC. The

Provincial Council for the
Protection of Children shall be responsible for the
following:

a. Staffing for organizational structure of the

center;

b. Formulate guidelines and systems for its

operation;

c. Lodge the supervision of operation to the

Provincial Social Welfare and Development;

d. Encourage member agencies, private sectors,

business sectors, NGOs to pledge support
for the competent operation and
sustainability of the center; and

e. Issue necessary rules and regulations,

guidelines and policies for the effective
delivery of services of the center in
coordination with the LGUs and other
concerned agencies.

Section 19. Support to Provincial Crisis Center. The Province

through an ordinance shall
appropriate specific funds for the support of the
construction, maintenance and continued
operation of the center. Such specific fund shall
form part of the annual appropriation of the
Provincial Social Welfare and Development Office.

Section 20. Parents Effectiveness Service. The Province

shall support the program of the
DSWD on Parents Effectiveness Service which
thrusts to train parents to become effective
parents to their children. The Province shall also
84
 support the volunteer individuals with competent
skills and dedication and with unquestionable
reputation coming from the different sectors of
the community to comprise the “team of trainors
to parents”. The guidelines prescribed by the
DSWD for the said programs shall accordingly be
adopted.

Section 21. Bio-Psycho-Social Help for Children/Parents

Program. The Province shall
support the existing program of the DSWD on
Bio-Psycho-Social Help for Children as well as for
Parents, which thrusts towards a holistic approach
for the rescue and care of those children with
special needs, children undergoing depression and
stress, and those with traumatic experience. The
holistic approach shall be applied per case
management. This program also aims towards a
heightened community awareness of the rights of
children as well as the duties of parents.

Section 22. Curfew Hours for Children. The City, Municipal,

and Barangay Councils shall
prescribe such curfew hours for children as may be
warranted by local conditions of children.

Section 23. Restriction and Banning of Smoking and

Drinking Among Children. In
recognition of the role of the youth in nation-
building, the Province shall commit to restrict and
ban minor children from smoking cigarettes and
drinking liquor at any time and at any place. All
barangays are mandated to enact their own
ordinance for the said purpose. The restriction
shall also include restricting and banning
storeowners from selling cigarettes and liquor to
said children. The restriction aims to protect
children from engaging to any vice, prevent them
from further using other illegal drugs and instead
focus their attention to positive values in
improving their skills.

85
Section 24. Programs for Indigenous People (IPs). The
Province of Sultan Kudarat, in
coordination with the Department of Education
(Dep Ed) and Commission on Higher Education
(CHEd) shall prioritize the employment of
qualified IP teachers, school administrators and
other personnel to schools located within the
zone of indigenous people’s communities. The
provisions of Republic Act 7610 particularly Article
IX, Sections 17-21 and Republic Act 8371 or the
Indigenous People’s Rights Act are likewise
applicable herein.

Section 25. Protection of Children in Situations of Armed

Conflict. Children within the
armed conflict areas shall be afforded full
protection under the provisions of Republic Act
7610 or the Special Protection of Children Against
Abuse, Exploitation and Discrimination Act and
Chapter V, Section 22 of Republic Act 8371 or The
Indigenous Peoples Rights Act of 1997.

Section 26. Juveniles and their Rights. In addition to the

provisions of RA 9344 or the
Juvenile Justice and Welfare Act of 2006 as
amended, every child alleged or accused to have
infringed any laws or ordinances shall have the
following rights:

a. To be presumed innocent until proven guilty

according to law;

b. To be informed promptly and directly of the

charges against them, if appropriate through
their parents or legal guardians and to have
legal or other appropriate assistance in the
preparation and presentation of their
defense;

c. To have the matter determined without delay

by a competent, independent and impartial
authority in a fair hearing according to law, in

86
 the presence of their counsel and taking into
account their age, situation and discernment.

d. Not to give testimony or confession of guilt

under compulsion, threat or intimidation and
without the assistance of counsel;

e. Right to confront adverse witness or witnesses

through counsel and to have witness or
witnesses on their behalf;

f. If found out to have infringed the law, to have

the decision or any imposition against the
child reviewed by a higher competent,
independent and impartial authority;

g. To have the free assistance of an interpreter if

the child cannot understand or speak the
language used; and

h. To have their privacy fully respected in all

stages of the proceedings.

Section 27. Programs for Special Children and Children In

Need of Special Protection.
The Province through the PCPC shall formulate
programs and services for children with special
needs which shall include but not limited to the
following:

a. Dependent Child
b. Abandoned Child
c. Neglected Child
d. Mentally Retarded Children
e. Physically Handicapped Children
f. Emotionally Disturbed Children
g. Mentally Ill Children, and
h. Youthful Offenders

87
Section 28. Programs for Children in Conflict with the Law
(CICL). The Province through
the Department of Justice, Philippine National
Police, Provincial Social Welfare and Development
Office and PCPC shall adopt measures and
formulate programs and services for their
protection without depriving them of their rights
guaranteed under the constitution and other laws.

Section 29. Anti-Exploitation, Child Abuse and

Discrimination Program. There shall be a
comprehensive program be formulated by the
Province through the PSWDO in coordination
with other government agencies and private
sector to protect children against prostitution,
sexual abuse, trafficking, obscene publications
and indecent shows and other acts of abuse and
discrimination.

Section 30. Child Labor. The employment of children in an

undertaking which is hazardous
or deleterious in nature shall be prohibited and
prevented. Children below 15 years of age shall
not be employed, permitted or suffered to work in
any public or private establishments as mentioned
under Republic Act 9231 otherwise known as Child
Labor Law and Republic Act 7610 known as
Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act.

The following if performed by the child, shall be

considered hazardous:

a. Work which exposes children to physical,

psychological or sexual abuse, in:

a.1 Lewd shows (strip teasers, burlesque

dancers and the like
a.2 Cabarets, floor shows
a.3 Bars (KTV, karaoke bars)
a.4 Dance hall
a.5 Bath houses and massage clinics

88
 a.6 Escort services

b. Working underground, under water, at

dangerous heights or at unguarded heights
of two meters and above or in confined
places such as in:

b.1 Mining
b.2 Deep sea fishing/diving
b.3 Installing and repairing of telephone,
telegraph and electrical
lines/cable filters
b.4 Painting Buildings
b.5 Window cleaning
b.6 Fruit picking involving climbing

c. Working with dangerous machinery,

equipment and tools or those which involve
manual handling or transport of heavy loads,
such as in:

c.1 Constructions
c.2 Quarrying
c.3 Logging
c.4 Operating Agricultural Machinery
c.5 Metal Work and Welding
c.6 Driving or operating heavy equipments
such as pay loaders, backhoes,
bulldozers, cranes, driving equipment,
trailers, road rollers, tractor lifting
appliances and loading machines
c.7 Operating power-driven tools such as
drills and jack hammers

d. Working under difficult conditions such as

work for long hours or during the night or
work where the child is unreasonably
confined to the premises of the employer;

e. Working in an unhealthy environment which

may expose children to hazardous process,
to temperatures, noise levels or vibrations
damaging to their health, to toxic, corrosive,
89
 poisonous, noxious, explosives, flammable
and combustible substances or composites,
to harmful biological agents or to other
dangerous chemicals including
pharmaceuticals, such as but not limited to
the following:

e.1 Pesticide Spraying

e.2 Garbage and waste collection
e.3 Welding
e.4 Carpentry

Section 31. Employment of children below fifteen (15) years

of age in public and private
undertakings, except:

a. When a child works directly under the sole

responsibility of his parents or legal guardian
and where only members of the employer’s
family are employed. Provided, however,
that his employment neither endanger
his/her life, safety, health and morals, nor
impairs his normal development. Provided
further, that the parents or legal guardian
shall provide the said minor child with the
prescribed primary and/or secondary
education; or,

b. Where a child’s employment or participation

in public entertainment or information
through cinema, theatre, radio or television
is essential. Provided, the employment
contracts is concluded by the child’s parent
or legal guardian with the express
agreement of the child concerned; and the
approval of the Department of Labor and
Employment is secured. Provided further,
that the following requirement in all
instances are strictly complied with:

b.1 The employer shall ensure the

protection, health, safety, morals and
normal development of the child;
90
 b.2 The employer shall institute measure to
prevent the child’s exploitation or
discrimination taking into account the
system and level of remunerations,
and the duration of the agreement of
working time; and,

b.3 The employer shall formulate and

implement, subject to the approval
and supervision of competent
authorities, a continuing program for
training and skills acquisition of the
child.

In the above exceptional cases where any

such child may be employed, the provisions of
Presidential Decree No. 442, otherwise known as
the Labor Code of the Philippines, Republic Act
No. 7658, amending Section 12 of RA 7610, its
implementing rules and regulations and other
pertinent laws shall be complied with and the
employer shall first secure before engaging such
child, a work permit from the DOLE, which shall
ensure observance of the above-requirements.

Section 32. Hours of work requirement as stipulated in RA

9231 Chapter 5 Section 15
otherwise known as Special Protection of
Children against Child Abuse Exploitation and
Discrimination shall be strictly implemented.

Section 33. Sagip Batang Manggagawa-Quick Action Team

(SBM-QAT. The Provincial
Inter-Agency Quick Action Team (PIA-QAT) shall
be created for detecting, monitoring and rescuing
children in extremely dangerous conditions such
as bonded labor, commercial sexual exploitation
or those in prostitution, trafficking, mining and
quarrying, home-based industries (sub-contract
agreements), hazardous works or activities.

91
 The SBM-QAT shall be composed of the Provincial
Governor as chairman with DOLE, PHO, PSWDO,
DILG, DOJ, NBI, PNP, DepEd, CHR, NCIP and NGO
as members.

Section 34. Anti-Corporal Punishments. The use of corporal

punishment which includes
emotional, degrading and humiliating punishment
on children shall be prohibited in home, early
childhood development facilities and day care
centers and facilities, community centers, sports
teams and centers, government units and in other
places where there are children.

Parents, nannies, 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 or
churches, or any other person under whose care
the child has been entrusted to and who inflicts
corporal punishment on the child shall be liable in
accordance with existing penal laws.

Violators of this provision shall be penalized with

an imprisonment not to exceed one (1) year at the
discretion of the court and/or fine of not to exceed
Two Thousand Five Hundred pesos (2,500.00).

Section 35. Promotion of Positive Discipline. The province

shall develop a comprehensive
program to promote positive discipline in lieu of
corporal punishment of children. A continuing
information dissemination campaign and capacity
building shall be conducted in schools,
communities and other venues relative to its
techniques and benefits among parents, teachers
and other caregivers.
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Section 36. Confidentiality of Records and Proceedings. All
records of children’s cases
shall be treated with strict confidentiality.

CHILD DEVELOPMENT PROGRAMS

Section 37. In consideration of Section 10 of the Code the

following plans, programs,
projects, and activities shall be implemented to
wit:

a. Center-Based and Home-Based Early

Childhood Care and Development (ECCD)

b. Child-Friendly School System in Day Care,

Kindergarten, Elementary and Secondary

c. Assistance for indigent and deserving

children

c.1 Sponsorship
c.2 Scholarship
c.3 Special Program for Employment
of Students (SPES)

d. Alternative and Special Education

Program/Projects for children of
indigenous people, Muslim children and out-
of-school youth, abandoned
and neglected children, orphans, refugees
and children-survivor of man-
made or natural disasters and calamities
such as but not limited to:

d.1 Alternative Learning System

(ALS)/Abot Alam Program;

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 d.2 Alternative Delivery Mode (ADM)

d.3 Special Education (SPED) for

Persons with Disabilities (PWD)
children

d.4 Madaris

d.5 Arabic Language and Islamic

Values Education Program (ALIVE)

d.6 Educational Assistance Program

(EAP) for IPs

d.7 Indigenous Peoples Education

(IPED)

e. Training for Teachers on Child Protection

Policy and System

f. Recreational and Cultural Facilities in Public

Places

f.1 School of Living Tradition

g. Sports and Skills Development Program for

Children

g.1 In-School Palaro

g.2 Out of School Youth Sports
Development
g.3 Children Olympics/Paralympics

h. Summer Reading, Math, Science and

English Program for elementary and
secondary

i. All-year Tutoring Program

j. Provision for School Facilities

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 k. Accreditation and Monitoring of
both public and privately-owned
ECCD centers
l. Family Development Sessions
(FDS)/Parent Effectiveness Sessions
(PES) for Parents

Section 38. Maintenance of Children’s Profile. In order to

fully address the needs of
children, each Barangay of the Province shall
maintain its own Children’s Profile. The profile
shall at all the times be updated and available and
shall serve as a periodic survey record of all data
or information concerning children in the
Barangay. The data to be supplemented in the
profile shall be provided by the PSWDO, which
contains the number of children in the barangay
per age bracket, those who are in school and out-
of-school youth, those children with disabilities,
those who are youthful offenders, those affected
by epidemic and calamity, those who are working
children, the maltreated and abused children and
such other related matters.

Section 39. Early Childhood Care and Development

Program. Pursuant to R.A. 10410,
otherwise known as Early Years Act (EYA), the
Province shall establish, implement and sustain
programs aimed to:

a) Achieve and improved infant and child

survival rates by ensuring that adequate
health and nutrition programs are accessible
to young children and their parents, from the
prenatal period throughout the early
childhood years;

b) Enhance the physical-motor, socio-

emotional, cognitive, language, psychological
and spiritual development of young children;

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c) Facilitate a smooth transition from care and
education provided at home to community or
school-based setting and to kindergarten;

d) Ensure that young children are adequately

prepared for the formal learning system that
begins at kindergarten;

e) Establish an efficient system for early

identification, prevention, referral and
intervention for the wide range of children
with special needs from age zero (0) to four
(4) years;
f) Upgrade and update the capabilities of
service providers and their supervisors to
comply with quality standards for various
Early Childhood Care and Development
programs;

g) Reinforce the role of parents and other

caregivers as the primary caregivers and
educators of their children especially from
age zero (0) to four (4) years;

h) Enhance and sustain the efforts of

communities to promote ECCD programs and
ensure that special support is provided for
poor, disadvantaged and linguistic minority
communities;

i) Improve the quality standards of public and

private ECCD programs through, but not
limited to, a registration and credential
system for ECCD service providers and
facilities,

j) Ensure that the education of persons, and in

particular children, who are blind, deaf or
deaf-blind, are conducted in the most
appropriate languages, modes and means of
communication for the individual, and in
environments which maximize academic and
social development; and
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 k) Employ teachers, including teachers with
disabilities, who are qualified in sign language
and/or braille, and to train professionals and
staff who work at all levels of education.

Section 40. Alternative Learning System (ALS). The

Province shall strengthen the
alternative learning system. The ALS serve
children who are potential dropouts, working
children, those who are in armed-conflict areas,
the IP children, children in conflict with the law
and those who would not warrant the strict
observance of the standard curriculum.

Section 41. Investment in Educators and Health

Professional Training Program for
Children with Special Needs. Training program
for educators and health professionals handling
children shall form part of the priority programs of
the local government units as recommended by
the Provincial Council for the Protection of
Children (PCPC).

Section 42. All other PPAs not hereto enumerated but

adopted nationally and
internationally shall hereby hereto adopted.

CHILD PARTICIPATION PROGRAMS

Section 43. In consideration of Section 12 of the Code, the

following programs,
projects, and activities shall be implemented, to
wit:

a. Celebration of Children’s Month

b. Leadership Training and Seminars
c. Role playing on decision making
d. Child representatives in LCPC and LDRRMC
e. IP Training on Indigenous People Political
Structure
g. Children’s Congress
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 h. Cultural and Sports Development Program
i. Participation in community activities
j. Linggo ng Kabataan (Every 2 nd week of
December)
k. Sultan Kudarat Arbor Day (Tree planting
activity every June 25)

l. SK Child/Youth Camps
m. National Youth Day
n. Peer Counseling
o. Family Day
p. Schools Press Conference
q. Nutrition Month
r. Child’s Center
s. Children’s Organization (community, church,
school)

Section 44. Children’s Park, With Reading and Recreation

Center. Every municipality and
city of the Province shall be encouraged to
establish children’s park, recreational center and
information technology center complete with
child-friendly facilities and reading materials,
apparatus and equipment, where children may
meet and play for their growth, knowledge
enhancement as well as for their socio-cultural
development

Section 45. Sports Development Program. The Province in

cooperation with PSWD, PSC,
DepEd, LGUs, NGOs AND NGAs shall formulate
and implement a sustainable Sports Development
Program.

Section 46. Socio-Cultural Programs. The Province shall

promote socio-cultural programs
such as, but not limited to, theatre workshops,
indigenous cultural presentations, traditional
celebrations and revival of indigenous games,
which are reflective of the cultural diversity in the
province.

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Section 47. All other PPAs not hereto enumerated but
adopted nationally and
internationally shall hereby hereto adopted.

OTHER PROGRAMS AND SERVICES

Section 48. Family Development Program. There shall be

established a Comprehensive
Family Development Program in close
coordination with the IPHO, PSWDO, PPDO and
NGAs which shall include courses and services
relating to child health and child rearing practices,
parent effectiveness, pre-marriage and marriage
counselling, responsible parenthood, in the
context of Filipino psychology. This shall also
include courses and services in community
organizing such as the social preparation for
people’s participation, community volunteer
resource development, and social welfare
structure development, among others.

Section 49. Gender Development Program. The Provincial

Government shall facilitate and ensure the
implementation of the Gender and Development
Code of Sultan Kudarat Province, including the
provision of the minimum appropriation of the 5%
GAD Fund as mandated by Republic Act No. 7192,
otherwise known as Women in Nation Building
Act.

Section 50. All other PPAs not hereto enumerated but

adopted nationally and
internationally shall hereby hereto adopted.

RULE VII
IMPLEMENTING MECHANISM

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Section 1. Creation of Provincial Council for the Protection
of Children. There shall be
created a Provincial Council for the Protection of
Children (PCPC) to ensure the drawing and
implementation of plans for the promotion of
child and youth welfare. The Council shall
function as the consultative body of the Province
for the periodic planning, programming,
assessment and evaluation. It shall act as
regulatory board for the operation of the existing
programs and projects designed for children.

Section 2. Composition of PCPC. The PCPC shall be

composed of the following:

a. Provincial Governor - Chairperson

b. Chairperson, Sangguniang Panlalawigan
Committee on Children, Women and Family
Affairs - Co-Chairperson
c. Chairperson, Sangguniang Panlalawigan
Committee on Social Services
d. Chairperson, Sangguniang Panlalawigan
Committeeon Appropriations
e. Provincial Social Welfare and Development
Officer
f. Provincial Planning and Development
Coordinator
g. Provincial Health Officer
h. Schools Division Superintendent
i. Provincial Head – Department of Labor and
Employment
j. NGO Representatives (at least 3)
k. Child Representatives
l. Provincial Director, Department of Interior and
Local Government
m. Provincial Director, Sultan Kudarat Provincial
Police Office
n. Provincial Officer, National Commission on
Indigenous People;
o. Provincial Treasurer
p. Provincial Budget Officer
q. Provincial Accountant
r. Provincial Nutrition Action Officer
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 s. President, League of Municipalities
t. Provincial Commander, Armed Forces of the
Philippines
u. President, Federation of Youth Organizations
v. President, Liga ng mga Barangay

Section 3. Duties of the PCPC. The Council shall have the

following duties:

a. To formulate annual work and financial plans for

children;

b. To assess the municipality and city projects and

programs affecting the children and integrate
the same to the programs and projects of the
Province. The provincial programs and projects
shall be aligned with the National Plan of Action
for Children;

c. To monitor and evaluate the implementation of

the city and municipal
programs;

d. To recommend policies and programs to the

Provincial Development Council;

e. To provide the necessary technical assistance

to the municipality, city and
barangay councils if called for;

f. To mobilize resource assistance, specifically, to

provide appropriate support to
child- related projects or activities as
recommended by the local councils for the
welfare of children;

g. To advocate for the passage of ordinance

pertinent to child survival, protection,
participation and development with
appropriate funding support;

h. To identify and recommend programs and services

to be contracted for implementation by NGOs
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 and other entities in the implementation of this
Code;

i. To establish a mechanism to ensure the

participation of children in formulatingpolicies
affecting their welfare in the LGUs of Sultan
Kudarat; and

j. To conduct children congress, assemblies and

symposiums to document the issues and
concerns affecting the children

Section 4. Technical Working Group (TWG). A TWG shall be

created to assist in the
function of the PCPC.

Section 5. Secretariat Support. The Provincial Social

Welfare and Development Office
(PSWDO) shall serve as the PCPC secretariat and
shall be responsible for documentation of all the
meetings or proceedings of the council,
preparation and submission of reports and the
custodian of all documents of PCPC.

Section 6. There shall be regular quarterly meetings.

Special meetings may be called by
the chairman or majority of the members as need
arises.

Section 7. Creation of the City or Municipal Councils for the

Protection of Children
(MCPC or CCPC). The Sangguniang Panlungsod
or Sangguniang Bayan shall create a City or
Municipal Council for the Protection of Children
(CCPC or MCPC) the composition of which shall be
determined by the concerned Sanggunian
depending on the needs and circumstances of the
area. The C/MCPC shall have the following duties
and functions:

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a. To formulate the city/municipal plan of action
for children, incorporating projects and
programs that need assistance submitted by
their constituent barangays; and ensure the
integration of these plans into the City or
Municipal Development Plan;

b. To monitor, review and evaluate the

implementation of the city, municipal and
barangay plans;

c. To submit quarterly status reports on the

implementation of the plans to the province
through the PCPC;

d. To promptly address issues and concerns

affecting children and youth in their area;

e. To advocate for the passage of relevant child

and youth protective ordinances;

f. To advocate for increased support and resource

allocation for children’s programs and
projects from their respective local
government units and secure resources for
the same from other sources;

g. To provide technical assistance to the

community-based frontline workers through
the conduct of capability building and
human resource development activities; and

h. To prepare contingency measures to protect

children and their families in crisis brought by
the natural and man-made calamities.

i. In case of amendments as regards functions

of the MCPC/CPCP, the same shall hereby be
adopted.

The secretariat support of the council

shall be lodged with the City or Municipal Social

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 Welfare and Development Office which shall be
responsible for the documentation of proceedings
of meetings and preparation of reports and other
necessary documents as needed by the Council.

Section 8. Creation of Barangay Council for the Protection

of Children (BCPC). Pursuant
to the provision of Article 87 of PD 603, a
Barangay Council for the Protection of Children
(BCPC) shall be established in all barangays within
the Province which shall be composed of
responsible members of the community, a
representative of the children, and government
and private agencies. The functions of the council
are the following:

a. To foster the education of every child in the

barangay;

b. To encourage the proper performance of the

duties of parents, and private learning
opportunities on the adequate rearing of
children and on positive parent child
relationship;

c. To protect and assist abandoned or

maltreated children and dependent;

d. To take steps to prevent juvenile delinquency

and assist parents of children with behavioral
problems so that they can get expert advice;

e. To adopt measures for the health of children;

f. To promote the opening and maintenance of

playground and day-care centers and other
services that are necessary for child and
youth welfare;

g. To coordinate the activities of organizations

devoted to the welfare of children and secure
their cooperation;

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 h. To promote wholesome entertainment in the
community, especially in movie houses;

i. To assist parents, whenever necessary in

securing expert guidance counselling from
the proper governmental or private welfare
agency;

j. To advocate for the passage of child-friendly

barangay ordinances in response to child-
related issues and concerns;

k. To prepare the barangay plans of action for

children which address the needs of children
in the community and ensure their
integration into the Barangay Development
Plan and implementation by the Barangay;
and

l. To submit quarterly barangay

accomplishment reports on the
implementation of the plan to the C/MCPC.

m. In case of amendments as regards functions

of the BCPC, the same shall hereby be
adopted.

Section 9. Creation of a Special Desk for Children’s

Concern. There shall be created a
special desk for children’s concern in every LGU of
the Province which shall serve as the reception
area for any complaints and cases committed
against children in the most expeditious process.
The complaints received shall be immediately
forwarded to the appropriate authorities for the
immediate prosecution and disposition. The rules
and regulations and the composition of the
special unit shall be formulated by the local
councils.

RULE VIII
THE PROHIBITED ACTS
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Section 1. The Prohibited Acts Committed by the Child. The
child shall not commit the
following acts:

a. Staying late at night to the detriment of his

health,
studies or morals;

b. Exposing themselves to vices and become

addicted to intoxicating drinks, narcotic
drugs, smoking, gambling, and other vices;

c. Escaping or stowaway from home or school

when admonished or reprimanded by the
parents or teacher or any person who has
custody over them, due to their fault or
wrong deeds;

d. Joining in any betting, game fixing or point

shaving and machinations in sports
contests or any form of illegal gambling;

e. Carrying any deadly or destructive weapon at

any time regardless of its ownership;

f. Engaging themselves in using and pushing

prohibited drugs, selling illegal or lewd
reading materials;

g. Smoking cigarettes and/or drinking liquor in

accordance with Section 42 of this Code;
and

h. Such other analogous acts.

Section 2. Prohibited Acts Committed by Any Person. In

addition to all prohibited acts
defined and punishable under the existing
national laws, the following shall also be

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considered criminal acts and punishable when
committed by any parent/s, persons or entity:

a. Refusal to give and provide all forms of

support to the child without justifiable
cause;

b. Causes the child through fraud, violence,

intimidation or undue influence to engage in
prostitution, pimping and sexual perversion
doing or participating in obscene shows, or
any other form or flesh trade;

c. Sells or abandons the child to another

person for valuable consideration;

d. Refusal to accept, enroll in any educational

institutions or entity without justifiable
ground;

e. Requiring the child to be absent from

attending school classes without justifiable
cause for more than five (5) days;

f. Infliction of cruel and inhumane punishment

or subjecting the child indignations and
other excessive chastisement that results to
embarrassment or humiliation such as, but
not limited to the following:

f.1 Putting or placing the child inside an

enclosure and/or sack to the end that
suffocation will occur;

f.2 Tying up the child tightly causing the child

to immobilization and hanging the
child upside-down for an
inconsiderable length of time;

f.3 Harshly whipping and beating the child by

using latigo or any hard object that will
cause injuries;

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 f.4 Intentional exposure of the child under
the heat of the sun;

f.5 Punishing the child by not giving food

for more than one day;

f.6 Requiring the child to weed throughout

the whole school day by the teacher
as a form of punishment;

f.7 Subjecting the child to severe

humiliation;

f.8 Verbally abusing the child;

f.9 Subjecting the child to torture or physical

abuse;

g. Permits the child to possess, handle or carry a

deadly weapon, regardless of its ownership;

h. Allowing or requiring the child to drive without

a license or with an illegally procured license
with the knowledge of the parents. It the
motor vehicle driven by the child is
registered in the name of one or both
parents, it shall be presumed that the vehicle
was driven with the consent of the parents;

i. Discrimination in any form which includes:

i.1 Depriving a female child of her education by
reason of illegitimacy or pregnancy;

i.2 Disallowing or refusing a female child to

be admitted to school or any learning
institution, or not to be allowed to
graduate or obtain any awards that
the female child is entitled to;

i.3 Depriving children with physical

disabilities or handicaps to services
and privileges.

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Section 3. Liability. The acts mentioned in the immediately
preceding section which are
punishable under the existing national laws shall
be penalized thereunder. Acts or omissions not
falling under the said existing national laws shall
be penalized by imprisonment of six (6) months to
one (1) year and a fine not less than One Thousand
Pesos (P1,000.00) but not exceeding Five
Thousand Pesos (P 5,000.00) or both, at the
discretion of a competent court.

RULE IX
REMEDIAL MEASURES

Section 1. Persons Who May File a Complaint. A complaint

against a person or entity
who abused a child may be filed by any of the
following:

a. Offended Party

b. Parents or legal guardian;

c. Ascendant, descendant or collateral relative of

the child within the third degree of
consanguinity;

d. Duly authorized officer or social worker of the

Department;

e. Officer, social worker or representative of a

licensed child caring institution;

f. Barangay Chairman; or

g. At least three (3) concerned responsible

citizens of the community where the abuse
took place who have personal knowledge of
the offense committed.

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Section 2. Protective Custody of the Child. The offended
party shall be placed
immediately under the protective custody of the
Department of Social Welfare and Development
(DSWD) through the local welfare and
development officer. In the regular performance
of this function, the DSWD shall be free from any
administrative civil or criminal liability. Custody
proceedings shall be in accordance with the
provisions of law.

Section 3. Mandatory Reporting. The head of any public or

private hospitals, health
centers and medical clinics as well as their medical
personnel and staff shall report, either orally or in
writing, to the WCPU in the provincial hospital the
examination and/or treatment of a child who
appears to have suffered abuse within forty-eight
(48) hours from such treatment or examination. A
separate medical record shall be kept and shall be
confidential.

Section 4. Duty of the Government to Report. It shall be

the duty of all teachers and
administrators in public schools, probation
officers, government lawyers, law enforcement
officers, barangay officials, correction officers and
other government officials and employees whose
work involves dealing with children to report of
possible child abuse to the authorities mentioned
in the preceding section.

Section 5. Failure to Report. The persons mentioned under

Sections 78 to 79 who have
personal knowledge of a possible child abuse and
fail to report the same to the proper authorities
shall be punishable under Republic Act 7610.

Section 6. Penalties. Violations of the provisions of this

code which are not penalized
under the existing laws shall be punishable by an
imprisonment of six (6) months to one (1) year or
a fine ranging from One Thousand (P1,000.00)
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 Pesos to Five Thousand Pesos (P5,000.00) or both,
at the discretion of the court.

RULE X
FINAL PROVISIONS

Section 1. Appropriations. The Province of Sultan Kudarat

shall allocate funds necessary to implement the
provisions of this Ordinance which shall include
training and orientation of the stakeholders as
well as the promotion of this Code. The necessary
funds mentioned herein shall be appropriated or
included in the Annual Budget of each Local
Government Units (LGUs) at 1% from its IRA
allotment per RA 9344 otherwise known as
Juvenile Justice System.

Section 2. Construction. The IRR shall be liberally construed to

promote children’s rights
and welfare. All doubts in the implementation
and interpretation hereof shall be resolved in
favor of the children consistent with the spirit and
letter of laws.

Section 3. Separability Clause. If any provision of the IRR is

declared invalid or
unconstitutional, the remaining provisions not
affected thereby shall continue in full force and
effect.

Section 4. Effectivity Clause - The IRR shall take effect thirty

(30) days after completion of
its posting in three conspicuous places.

Done this 19th day of May, 2017 at Isulan, Sultan Kudarat.

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 APPROVE
D:

DATU PAX S.
MANGUDADATU
Provincial
Governor

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