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CRC Accomplishment Report
1. 1
Philippine Human Rights Report
Convention on the Rights of the Child
2012-2014
Introduction
The Philippine Human Rights Plan identified four thematic objectives and annual and mid-
term targets: (a) thematic objective 1 – to advocate for the passage and implementation of
legislation on children’s protection and welfare; (b) thematic objective 2 – to advocate for
child-responsive judicial measures; (c) thematic objective 3 – to institute child-responsive
administrative and programme measures; and (d) to strengthen child-responsive
implementation mechanisms at the national and local levels. Within each thematic objective,
the corresponding indicators and targets have been identified. This report is structured
accordingly.
I. Thematic Objective 1 Advocacy for the Passage and Implementation of Legislations
on Children’s Protection and Welfare
PRIORITY LEGISLATIVE AGENDA AND EXISTING LAWS NEEDING REVISIONS
Priority Legislations Promoting and Protecting the Welfare of Children Passed and
Implemented
The UN Committee on Child Rights recommended that national legislative measures be
passed into full conformity and harmony with the CRC. On its basis, the Council for the
Welfare of Children identified its legislative agenda and prioritized the following for
enactment:(a) strengthening of the Council for the Welfare of Children; (b) prohibition of
corporal punishment; (c) removal of the distinction/discrimination against children born out-
of-wedlock; (d) strengthening of family and alternative parental care arrangements through
foster care; (e) amendment to the law on statutory rape; (f) protecting children in situations
of armed conflict.
From among the above, only the law on strengthening of family and alternative parental
care arrangements through foster care was passed or 16 percentimplementation; on the
other hand, executive orders for two measures were issued – one on the strengthening of
the CWCand the other on protecting children in situations of armed conflict - or 33 percent
accomplishment. Both these measures should be able to comply with the Concluding
Observations of the United Nations Committee on Child Rights (UNCRC) on the Philippine
Report on the Convention on the Rights of the Child (CRC). While an Executive Order
(EO) relevant to children in armed conflict situation was issued, the bill for the protection of
children in armed conflict situations will continue to be pursued. It is expected that the
prohibition of corporal punishment will be enacted into law as it had already passed the
third and final reading in 2015.
(1) Strengthening of Family and Alternative Parental Care Arrangements Through Foster
Care
The Foster Care Act of 2012 or An Act to Strengthen and Propagate Foster Care
(Republic Act 10165) was passed. It strengthens family and alternative parental care
arrangements through foster care providing the strengthening of foster care
programme, provision of incentives for foster care families and relaxation of
requirements. The end in view of the law is to provide children deprived of family care
and protective services with home and family environment.
2. 2
(2) Strengthening the Council for the Welfare of Children
Consistent with the recommendations of the UNCRC, a draft bill was proposed to
provide the Council for the Welfare of Children (CWC) withadequate human and
technical resources, increase in budgetary allocation, and established support for its
sub-national mechanisms for the effective performance of its mandate. The CWC
successfully pursued the executive track in lieu of further pursuing the draft bill that
remained unpassed in the past Congresses. The CWC Board decided and resolved to
work on establishing its niche according to a set of defined programmes that warrants
structural changes and increase in budgetary allocation following recommendations by
the Department of Budget and Management (DBM).
Executive Order 138 (EO 138) was issued for the Adoption of the Comprehensive
Program Framework for Children in Armed Conflict, Strengthening the Council for the
Welfare of Children and for other purposes. EO 138 created and established a
Monitoring, Reporting and Response System for Grave Child Rights Violations in
Situations of Armed Conflict (MRRS-GCRVSAC). At the same time, the EO effectively
mandated the expansion of the role of CWC by making it the focal agency for MRRS-
GCRVSAC and to establish the appropriate coordinative network at the national and
local levels.
Furthermore, the Department of Budget and Management approved CWC’s proposal
for structural changes. This includes the strengthening of regional capacities by
providing administrative support to Regional Committees/Sub-Committees for the
Welfare of Children (RC/SCWCs) which will be done in two phases, six RC/SCWCs in
2015 and the rest in 2016.
(3) Protecting Children in Situations of Armed Conflict
To adhere to the CRC Optional Protocol for the increased protection of children from
involvement in armed conflicts, a bill for the protection of children in situations of armed
conflict (CSAC) was filed. The bill proposes the prohibition of both voluntary and
compulsory recruitment and involvement of persons below 18 years of age in armed
conflict, defines their involvement in armed conflict beyond direct participation in armed
hostilities as combatants and fighters, and prohibits and penalizes the commission of
grave child rights violations and makes liable both government forces and non-state
armed groups. It also aims to provide for the strengthening of existing measures aimed
at demobilization of recruited children, their physical and psychological recovery and
social reintegration. The Senate Bill was read on first readingand still pending in the
Committee on Youth and Justice and Human Rights. The House Bill version is for
second reading.
While awaiting the passage of the CSAC bill in Congress, Executive Order 138, as
aforementioned, was issued in 2013 for the Adoption of the Comprehensive Program
Framework for Children in Armed Conflict. The EO created and established a
Monitoring, Reporting and Response System for Grave Child Rights Violations in
Situations of Armed Conflict in order to ensure that protective measures for children in
armed conflict situations are in place.
Pending Bills in Congress
In addition to the CSAC bill, priority bills on children identified in the legislative agenda
are still in the legislative mills and need to be followed up: (a) Positive Discipline; (b)
3. 3
Increasing the Age of Statutory Rape; and (c) Removing the Distinction of Illegitimate
Children or Children Born Out-of-Wedlock. Further delays in passing the
aforementioned bills into laws are expected because of the following hindrances: (a)
Congress will be busy deliberating the national budget; (b) difficulties in scheduling of
Committee hearings; (c) budgetary implications of the proposed bill; (d)
unconstitutional provisions in the bill. In addition, the forthcoming election in 2016 will
further delay the passage of the bills because both Houses of Congress will not be
able to muster enough number to constitute a quorum for deliberation.
(4) Prohibition of Corporal Punishment
The proposed bill on the prohibition of corporal punishment in the home, in school, in
various institutions, at work and in detention centers and the promotion of positive
discipline, took almost four years before it was approved on third and final reading by
the House of Representatives. The bill was introduced in 2011 and underwent several
revisions and, in 2014, became House Bill 4907 or the Positive Discipline Act which
promotes positive and non-violent forms of discipline.The Senate Bill is pending in the
Committee on Women, Family Relations and Gender Equality. The Child Rights
Network, together with other child advocates, continuously appeals for the enactment
of the bill into law and calls on the Senate to act on its passage.
(5) Removal of the Distinction/Discrimination Against Children Born Out-of-Wedlock
The bill aims to provide equal status of children born out-of-wedlock, particularly with
regard to their right to inherit. It also calls for the non-classification of these children as
illegitimate. To some extent, such discriminatory classification is impeded by Republic
Act 9255 (RA 9255) wherein children born out-of-wedlock can be registered and be
given their fathers’ consent to use the latter’s surname. RA 9858, on the other hand,
legitimizes children born to parents below marrying age. The proposed bill had been
met with resistance by many legislators because of implications related to stability in
marital and family relationships and in the share of inheritance. The Senate Bill is
pending in the Committee on Youth, Family Relations and Gender Equality and Justice
and Human Rights while the House Bill is pending in the Committee on Revision of
Laws.
(6) Amendment to the Law on Statutory Rape
RA 8353 needs to be amended to raise statutory rape from 12 years old to 16 years
old. Pegging the age higher will provide greater protection against child abuse as
more violators will be covered and can deter offenders in committing such crimes
against children below 16 years old. It is a protection for children against sexual abuse.
Both the House Bill and Senate Bill are pending in their respective Committees on
Revision of Laws.
The Philippines ranked seventh among countries with high prevalence of rape cases in
2011.1
Data and statistics from the Philippine National Police (PNP) and the
Department of Health (DOH) reveal that children between the ages of 13-15 years old
are the most recorded victims of sexual abuse. About 295,448 teenagers have
experienced sexual abuse, 61, 518 of whom were forced sex/rape and only 0.1
percent is reported to the authorities.2
1
International Statistics on Crime and Justice conducted by the European Institute for Crime Prevention and Control
2
National Objectives for Health Survey, Department of Health (DOH), 2000
4. 4
Laws on Children Passed During the Period 2012 to 2015
Nine laws on children were passed during the period 2012 to 2015. These Republic Acts
(RA) are: (a) RA 10157 – Mandatory Kindergarten Education (January 2012); (b) RA 10165
– Foster Care Act (June 2012); (c) RA 10364 – Expanded Anti-Trafficking (February 2013);
(d) RA 10410 – Early Years Act (March 2013); (e) RA 10533 – Enhanced Basic Education
Act (May 2013); (f) RA 10627 – Anti-Bullying Act (September 2013); (g) RA 10630 –
Strengthened JJW Law (October 2013); (h) RA 10661 – Declaring November as the National
Children’s Month (May 2015); and (i) RA 10665 – Open High School (July 2015).
Child-Related Law – Anti-Trafficking in Persons
As a state party to the UN Convention Against Transnational Organized Crime and its
supplemental protocols namely the Protocol to Prevent, Suppress and Punish Trafficking in
Persons (TIP), Especially Women and Children and the Protocol Against Smuggling of
Migrants by Land, Sea and AirRepublic Act No. 9208, otherwise known as the Anti-
Trafficking in Persons Act of 2003 was enacted. The law lays down policies and procedures
for a comprehensive approach to combating TIP. It also adopts the definition under the
Protocol and expands it to afford more protection to victims, Further, it created the Inter-
Agency Council Against Trafficking (IACAT), the body created by law to coordinate and
monitor the implementation of RA 9208.
RA 10364 (in 2013) or the Expanded Anti-Trafficking in Persons Act of 2012 gave the
government a stronger weapon against human trafficking syndicates. The new law amended
certain provisions of the Anti-Trafficking in Persons Act to account for new situations
discovered since the passage of the Anti-Trafficking in Persons Act of 2003. In response to
the jurisdictional challenges posed by transnational trafficking, the new law likewise
established the extraterritorial application of anti-trafficking laws over offenses committed by
citizens or permanent residents of the Philippines and against Philippine citizens. The
provision on extraterritorial jurisdiction was enacted to allow the Philippine government and
its anti-trafficking partners to assist victims and pursue perpetrators even beyond Philippine
shores.
To further enhance the efficiency and continuity in the tasks of the IACAT Secretariat, the
amended law provides for a permanent Secretariat to the Council to be headed by an
Executive Director, to be appointed by the Secretary of the Department of Justice upon the
recommendation of the Council. It provides security of tenure to the Secretariat to (a)
increase accountability of officials in monitoring and ensuring that the anti-trafficking efforts
of the country are ably documented; (b) to see to it that all duty-bearers are monitored and
assisted to ensure optimum delivery of expectations and accomplishments of anti-trafficking
goals.
Other Concerns that Require Amendments and Passage of Legislative Measures
These are identified as follows: (a) inconsistency in some of the provisions of the following
laws: Domestic Adoption (RA 8552), Inter-Country Adoption Act of 1995 (RA 8043), An Act
Requiring Certification of the Department of Social welfare and Development (DSWD) to
Declare a Child Legally Available for Adoption (RA 9523); (b) overlapping legislation on child
protection; (c) domestic laws that are not harmonized with international human rights
instruments; and (d) the lack of legislation for undocumented Filipino children abroad.
5. 5
Overlapping Legislation on Child Protection
Numerous laws, especially on child protection, have been passed since Presidential Decree
603 (PD 603) or the Child and Youth Welfare Code. A number of these laws overlap in
budgetary provisions, structural mechanisms, and, to some extent, scope and mandates.
The amendment to PD 603 or the national codification of children’s laws is now inevitable
and should be given priority. The Council for the Welfare of Children can spearhead the
process, together with the FourCs and other advocates for children.
Relatedly, the codification of all issuances/memorandum circulars/guidelinespertaining to the
establishment and functionality ofLocal Councils for the Protection of Children (LCPCs) and
in relation with other child-related mandated local structures is recommended.
Domestic Laws that are not in Harmony with International Human Rights Instruments
The Juvenile Justice and Welfare Council (JJWC) strongly objected to the lowering of the
minimum age of criminal responsibility (MACR) from 15 years old to 13 years old as
provided in the New Criminal Code Book I. In lowering the age of MACR in the proposed
Section 8 of the Code, more young children will be subjected to judicial proceedings
contradicting the spirit and intent of the UN Convention on the Rights of the Child. It is, in
fact, a set-back to the efforts of the country to advancing the rights of children to protection.
There are other legislative concerns that need to be addressed: (a) inconsistency in some
provisions in the Laws on Adoption, and (b) lack of legislation on Undocumented Filipino
Children in Other Countries
SHARE OF CHILDREN’S SERVICES IN GOVERNMENT EXPENDITURE
The Council for the Welfare of Children commissioned a study on “Financing for Children” in
2013. It is the first ever study that can provide policymakers with data and information
needed to enable them to make decisions for rational and equitable resource allocation for
children’s programmes and services.
Budgets for children have shown considerable increase in the past two decades.3
The
health, education and social services sectors, where children are the main beneficiaries, are
among the top sectors that have the highest budget allocations. And in the last five years,
from 2010 to 2014, government expenditure for children-focused and related programmes
had been increasing at an average increase of 15.5 percent per annum in 2010 constant
prices.4
Even after factoring inflation, the percentage change in the expenditure for children
has posted a positive annual increase during the same period. The total general government
spending on children was PhP341.4 billion in 2012. Expressed as percentage of the Gross
Domestic Product (GDP), total general government spending on children was 3.2 percent of
GDP in 2012.
Table 1- Trends in Expenditure for Children, 2010-20145
In ('000)
2010 2011 2012 2013 2014
Total expenditure
for children (in
current prices)
189,491,30
4
242,832,61
8
271,863,60
7
314,282,43
6
432,562,88
2
Total expenditure
for children (in 189,491,30 232,048,61 251,802,95 282,619,65 378,531,78
3
Senate of the Philippines, Study on Resource Allocation Trends for Children, Policy Studies Group, Philippine Senate, Manila, 2010
4
Based on General Appropriations Acts from 2010 to 2014
5
Source: General Appropriations Act, 2010-2014, Department of Budget and Management
6. 6
constant 2010
prices)
4 5 6 3 9
Percentage
increase (current) 22% 11% 13% 27%
Percentage
increase (constant) 18% 8% 11% 25%
Expenditure for children increased by 18 percent (from PhP189 billion to PhP232 billion). A
significant portion of the increase can be attributed to the rise in the budget for the core
poverty alleviation programme of the Department of Social Welfare and Development
(DSWD)or the PantawidPamilya (from PhP10 billion in 2010 to PhP29 billion or a 64 percent
increase from the previous year in constant 2010 prices) and the spending for the Office of
the Secretary of the Department of Education (from PhP161 billion to PhP183 billion or an 8
percent increase from the previous in constant 2010 prices). This is the largest expenditure
item in the data collected.
Table 2 - Expenditure for Children by Agency (in current prices) 2010-20146
Allocations for education consists the bulk of spending for children, followed by DSWD and
DOH. The total amount of spending for the social welfare and health sectors does not reflect
those from LGU budget allocations for the devolved functions of the two sectors.
The Department of Justice, as a key implementer of laws and policies on child protection, is
responsible for structures which are made functional with budget appropriations and funding
assistance and grants from international agencies. It reported the following appropriations
and expenditures:
6
Source: General Appropriations Act, 2010-2014, Department of Budget and Management
2010 2011 2012 2013 2014
TOTAL 189,491,304,000 242,832,618,000 271,863,607,000 314,282,436,079 432,562,882,719
DSWD 14,104,281,000 32,976,866,000 43,270,059,000 48,578,730,000 73,722,644,000
DepEd 163,405,905,000 193,312,856,000 202,821,472,000 232,540,201,079 281,826,476,719
DOH 7,891,507,000 15,862,562,000 25,045,768,000 32,343,368,000 76,199,300,000
CWC 20,893,000 22,546,000 27,934,000 38,292,000 38,690,000
ICAB 24,086,000 24,513,000 25,381,000 33,916,000 35,566,000
NNC 3,768,950,000 308,168,000 321,892,000 327,744,000 336,198,000
DOJ 8,314,000 34,447,000 59,578,000 115,642,000 104,194,000
PopCom 267,368,000 290,660,000 291,523,000 304,543,000 299,814,000
7. 7
Table 3 - DOJ-CPSP/IACAT/OOC Summary of Funds Received and Actual Expenditures (in
thousands)
2011-20147
Programme/Budget/Expenditures 2011 2012 2013 2014
Committee for the Special Protection of
Children (CSPC)
Available Appropriations 1,000 1,000 970 1,103
Actual Expenditures 1,554 1,333 974 1,103
Inter-Agency Council Against Trafficking
(IACAT)
Available Appropriations 25,000 55,000 100,000 87,200
Actual Expenditures 25,000 49,631 90,706 99,559
Office of the Cybercrime (OOC)
Available Appropriations 20,000 10,000
Actual Expenditures 13,811 17,808
II. Thematic Objective 2 on Advocacy for Child-Responsive Judicial Measures
CHILD CASES SUBMITTED FOR DECISION RESOLVED WITHIN THE PRESCRIBE
PERIOD
Capacity Enhancement Trainings (CET)/Philippine Judicial Academy (PhilJA)
Programmes on Children for Family Court and Single Court Judges and Court
Personnel
Competency Enhancement Training Programmes (CET) were conducted in 2013 and
2015 by PhilJA for more than 120 court judges, including single sala, and court personnel
handling cases of trafficking in persons. PhilJA also conducted eleven (11) Competency
Enhancement Training Programmes from 2012 to 2014 for more than 450 court judges,
including single sala, and court personnel handling cases involving children. Anatomically
correct dolls were distributed to 80 family courts and single sala courts.
Prosecutors, Public Attorney’s Office (PAO) and Executive Judges Trained on the
Protocol, Cybercrime and Online Child abuse
The National Bureau of Investigation (NBI), Department of Justice, conducted/underwent
training in the following: (a) multi-disciplinary team training on the Protocol on Case
Management of Child Victim of Abuse, Neglect and Exploitation; (b) training on
Cybercrime for Prosecutors; and (c) training/orientation on Online Child Abuse. Seminars
and trainings on child abuse/exploitation cases were conducted reflecting a 30 percent
increase in personnel trained.
The NBI strengthened its Anti-Human Trafficking and Cyber Crimes Divisions to stamp out
child exploitation cases. Fourteen Child-Friendly Rooms in all NBI offices nationwide were
established. Closer coordination and working relationship with other related agencies was
reported at 80 percent. The NBI is establishing its monitoring database system which is
now 20 percent complete.
7
Source: General Appropriations Act, SCPC Staff and DOJ Financial Services
8. 8
The Public Attorney’s Office conducted and attended trainings on case management
incidents involving children. PAO staff also attended seminars/workshops initiated by
PHILJA and DOJ.
The Philippine National Police (PNP) issued policies/memoranda and conducted trainings
for police personnel for the handling of women and children concerns. The PNP created
aseparate women and children’s desk/facility or the Women and Children Protection Desk
(WCPD). The WCPD is responsible for maintaining a logbook specifically on women and
children concerns.
The Inter-Agency Council AgainstTrafficking (IACAT) reported a significant increase of
187human trafficking convictions involving 209 perpetrators. An array of institutional
reforms in law enforcement was put in place. First, the number of trained police and other
officers that enforce the law against TIPs was increased. The PNP conducted various
trainings to WCPD officers from all over the country to improve their investigative skills and
ensure their success in the filing of appropriate criminal cases. In addition, police officers
and other law enforcement officers underwent training in case build-up, gender sensitivity,
advocacy, effective communication, and values formation. The IACAT also organized anti-
trafficking seminars for intelligence agents, immigration officers, policemen, service
persons in the Philippine Marines, judicial officers, other government employees, and
members of non-government organizations (NGOs) and civil society organizations
(CSOs).
A pro-active drive against corruption in the agencies that stand at the frontline of the
campaign against trafficking was pursued. As a result, 598 administrative cases have
been filed against 893 government employees for their alleged involvement in human
trafficking.
Outreach and Legal Services of the Philippine Judicial Academy (PhilJA)
In addition to its core mandate as the training arm of the Supreme Court, the PhilJA
provides outreach services, legal services and other special protection assistance.
PhilJA’s outreach services include assistance to persons undergoing police interrogation
or persons under detention and inquest proceedings, undertakes jail visitation, and
conducts barangay outreach programmes.
Legal research services are provided with legal opinion writing, through phone calls via
24/7 hotline and walk-in assistance and other legal and judicial assistance through court
proceedings in accordance with law.
Special protection of victims is provided through witness protection measures in
cooperation with the appropriate agencies/offices. Psychological counselling/psychiatric
counselling is also provided. The PhilJA further collaborates with the PAO-Forensic
laboratory team for investigations.
RESOLVE INCONSISTENCY IN THE INTERPRETATION OF RA 9344 AND THE 2009
SUPREME COURT REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW
WHICH ALSO AFFECTS CHILD PROTECTION POLICY
The inconsistency in the interpretation of the Juvenile Justice Law (RA 9344) and the
Revised Rule on Children in Conflict with the Law (A.M. No. 02-1-18 SC) is being
9. 9
resolved. Recently, the JJWC conducted a legal research on recent jurisprudential rulings
interpreting the provisions of RA 9344 that says that the Supreme Court has abandoned
its 2002 Revised Rule on Children in Conflict with the Law/guidelines for CICL. Instead,
the Supreme Court now applies RA 9344 and its corresponding IRR in resolving cases
involving CICL. Hence, it is proposed to the Supreme Court to revise/update such
guideline given the recent developments.
(a) The Revised Rule on Children in Conflict with the Law expressly states that a child
who has been charged with an offense shall be committed in jail in the absence of
youth homes or rehabilitation centers (Section 26), while the JJA in clear terms
prohibits the court from ordering the detention of children in jail pending the trial or
hearing of their cases (Section 36); and
(b) The Revised Rule on Children in Conflict with the Law allows a CICL to avail the
suspension of his/her sentence only once in a lifetime. JJWA on one hand allows the
application of suspension of sentence more than once.
III. Thematic Objective 3 – Instituting Child-Responsive Administrative and Programme
Measures
SECOND NATIONAL PLAN OF ACTION FOR CHILDREN
The Second National Plan of Action for Children (2nd
NPAC) serves an accompanying
document of the CRC-PHRP II. The 2nd
NPAC set the agenda towards the progressive
realization of the rights of Filipino children and the fulfilment of the commitment of the
Government of the Philippines to the United Nations Convention on the Rights of the Child
(CRC) and the Millennium Development Goals (MDGs). A results matrix was annexed to
the 2nd
NPAC. Using a vertical and horizontal logic, the results matrix definedthe chain of
results, output-outcome-impact, baseline data, annual targets and accomplishments,
programmatic interventionsand the responsible duty bearers, to achieve the goals of the
2nd
NPAC.
A system for monitoring, evaluating and reporting was built into the 2nd
NPAC. It defined a
results-based monitoring and evaluation (RBM&E) conceptual framework for two-track
results monitoring i.e. monitoring changes in the situation of children and monitoring policy
and programme performance and implementation. Monitoring and reporting tools,
reporting process flow, and programme implementation review guidelines were
provided.The RBM&E called for annual, mid-term and end-of-programme cycle review.
The Mid-Term Review (MTR) that assessed and analyzed programme performance
covering the period 2011-2014 was recently concluded. It followed the programme
reviewfor the years 2012 and 2013. The MTR is fundamental to gauging the likelihood of
achieving the expected results of the 2nd
NPAC and to: (a) improve quality performance in
the implementation of policies and programmes and governance for children, (b)
accelerate or fast track implementation for the remaining period of the 2nd
NPAC, and (c)
feed into strategic directions for the Third National Plan of Action for Children in
anticipation of a new (or renewed) set of goals and targets for the post-MDG agenda.
About 80 sector/agency programmes/projects have been identified in the 2nd
NPAC and
97.5 percent of them were implemented; however, the rate of accomplishment and
implementation of programmes and projects vary. A crucial factor is their relevance and
appropriateness to the challenges and problems being addressed. In addition, success or
achievement factors are dependent on the efficiency in enforcing compliance to legislative
and policy measures, adequacy of resources and corresponding expenditure and their
10. 10
equitable allocation, absorptive capacity at managerial, technical and service delivery
levels, governance, and political will.
ALL LOCAL GOVERNMENT UNITS IMPLEMENT INTERVENTION AND DIVERSION
PROGRAMMES FOR CHILDREN IN CONFLICT WITH THE LAW
Republic Act 9344 (RA 9344) or the Juvenile Justice and Welfare Act of 2006 was
amended by Republic Act 10630 (RA 10630) or the Act Strengthening the Juvenile Justice
System in the Philippines. RA 10630 mandated the establishment of an Intensive Juvenile
Intervention and Support Center (IJISC) and the allocation of funds for the establishment
of Bahay Pag-Asa and the transfer of the JJWC supervision from the Department of
Justice (DOJ) to the Department of Social Welfare and Development (DSWD).8
Bahay Pag-Asa and Regional Rehabilitation Centers for Youth
As required in the law, two types of 24-hour facilities for children in conflict with the law
(CICL)were put up: the BahayPag-Asa and the Regional Rehabilitation Center for Youth.
The BahayPag-Asa, also known as Youth Home, refers to a 24-hour child-caring institution
managed by accredited by local government units (LGUs) and licensed and/or accredited
NGOs providing short-term residential care for children in conflict with the law who are
awaiting court disposition of their cases and/or CICL who are undergoing intervention
programme. Fifteen-year-old children and below and those above 15 years but below 18
years old who acted without discernment and who need immediate protection from high
risk and unsafe environment are put up in BahayPag-Asa while undergoing intervention
programmes. In addition, children above 15 years old but below 18 years old are also put
up in BahayPag-Asa if they acted with discernment but needing immediate shelter while
undergoing diversion programmes.
The DSWD has 18 BahayPag-Asa in nine regions nationwide. As of mid-2015, eleven are
operational, five have been completed but not yet operational, and two have ceased
operations. A total of 175 cases were served as of June 2014. All provinces and highly
urbanized cities are also mandated to establish, fund and manage their “BahayPag-asa”.
However, out of the 81 provinces and 34 highly urbanized cities, only 36 have established
“BahayPag-asa” across the country or 31 percent accomplishment.
The Regional Rehabilitation Center for Youth (RRCY) is a residential care facility that
offers and alternative family care to a CICL. It serves CICL who are under suspended
sentence and undergoing rehabilitation programme. It also provides 24-hour care,
treatment and rehabilitation services under the guidance of a trained staff where residents
and cared for in structured therapeutic environment with the view of reintegrating them into
their families and communities as well as to help them become socially functioning
individuals. There are 16 RRCYs (DSWD Field Office I-XII, Cordillera Administrative
Region, Caraga Region) as of March 2015. One of these centers is the Marillac Hills
located in the National Capital Region (NCR) which caters to both female CICLs and
children in need of special protection (CNSP). CICL aged above 15 years but below 18
years of age whose sentence are suspended and who are ordered by the court to undergo
rehabilitation at the DSWD facility are put up in RRCYs.
8
Source: DSWD Briefer on Programs and Services on CICL
11. 11
Local Juvenile Intervention Programmes
Local government units (LGUs) are mandated to formulate Comprehensive Local Juvenile
Intervention Programmes(CLJIP) responsive to the needs of children in conflict with the
law and children at-risk (CAR) of becoming CICL. The Juvenile Justice and Welfare
Council issued guidelines for the establishment of Intensive Juvenile Intervention and
Support Programmes and spearheaded the planning process for CLJIP in seven LGU pilot
areas. To date:
(a) 6,151 LGUs are with Local Juvenile Intervention Programmes;
(b) 22,174 LGUs have allocated one percent of their IRA to implement programmes for
children;
(c) 1,251 LGUs have appointed Social Workers to handle CAR and CICL.
Table 4 - LGU Compliance to RA93449
LGUs IRA Allocation LSWDO CLJIP Youth Homes
1% >1%
Province 27 20 41 30 19
City 55 36 98 85 56
Municipality 699 182 928 585 91
Barangay 18,430 2,725 184 5451 127
Total 19,211 2,963 1,251 6,151 293
The JJWC established Regional Juvenile Justice Committees to assist the LGUs in 17
regions. The DILG, on the other hand, is tasked to monitor the compliance of LGUs to the
CLJIP mandate.
Handling and Management of CICL Cases by Law Enforcement Agencies
The Philippine National Police (PNP) formulated its protection policy and issued a
memorandum that defines the policy and provides guidelines on how children in
vulnerable situations and CICL will be handled. Following the protection policy and its
guidelines, the PNP Manual on Management of Cases and the Process Flowcharts in
Handling Cases of CICL or the Manual for Law Enforcement Agencies had been revised
pending approval of the PNP Chief. Funding support was provided by the Juvenile Justice
and Welfare Council for the reproduction of the Manual. The roll-out of this policy and the
Manual and the conduct of training of WCPD has not yet commenced due to limited
budget.
In coordination with the Juvenile Justice and Welfare Council, the Department of
Education developed and approved the guidelines on handling CAR and CICL. The Armed
Forces of the Philippines, on the other hand, formulated Letter Directive 25 on Policy
Guidelines in the Conduct of AFP Activities Inside or Within the Premises of School
Hospitals.
9
DILG Report as of March 31,2014
12. 12
ALL CHILDREN WITH DISABILITIES HAVE ACCESS TO SERVICES AS STATED IN
RA 9442/427/10070
Guaranteed Entitlements and Privileges of Children with Disabilities
Children and Persons with Disabilities (CWDs/PWDs) have guaranteed entitlements under
the law. They are entitled to discounts (at least 20 percent) from establishments such as
hotels and similar lodging establishments, sports and recreational centers, purchase of
medicines. Discounted privileges (also at least 20 percent discounts) are also provided for
admission fees in theaters, cinema houses, and other similar places of culture, leisure and
amusement, medical and dental services in government facilities, transportation by land,
air and sea. In addition, educational privilege/assistance is provided for CWDs. Express
lane privileges are also provided in all private, commercial and government
establishments.
Preventive, Restorative and Rehabilitation Services
Preventive, restorative and rehabilitation services are continuously provided through
community-based and center-based programmes and facilities.
The two laws on Newborn Screening (RA 9288, 2004) and Newborn Hearing Screening
(RA 9709, 2009) are essential public health strategy that enables the early detection and
management of several heritable conditions and hearing loss, which if left untreated may
lead to mental retardation or death or hearing loss. These resulted into the establishment
of the National Comprehensive Newborn Screening System (NCNBSS) and the
formulation of the Universal Newborn Hearing Screening Programme and the policies and
standards (Manual of Operation) essential in the implementation of the programme.
With the institutionalization of NBSS and the collaboration of key implementers at the
national and local levels, crucial infrastructure was put in place allowing for the public to be
informed of the importance of NBS and for the NBS service to be made available,
affordable and accessible nationwide. As a consequence, there was a dramatic increase
in the number of health facilities offering newborn screening from 393 in 2004 to 5,620 in
2014 and, likewise, in the newborn screening coverage of the estimated 1.8M total
livebirth from 5.2 percent in 2004 to 65 percent by the end of 2014. Of these, more than
110,000 were found to have one of the six conditions and were referred for prompt and
proper medical intervention.
Restorative services include the provision of assistive devices, referral for medical
interventions, provision of counseling services to resolve psychological barriers and
mobilization of community resources for physical facility restoration and access, among
others.
Community-based rehabilitation (CBR) was adopted in the Philippines in 2005 following
Executive Order 437 which encourages the implementation of CBR in all LGUs and
allocating funds for its implementation. Rehabilitative services include self and social
enhancement services such as counseling.
Educational programmes for CWDs include the Tuloy Aral Walang Sagabal (TAWAG) and
the Early Detection, Early Intervention and Education (EDPID). TAWAG aims to
mainstream 3-6-year-old CWDs in day care centers/TAWAG resource centers, children of
school age into regular schools or SPED centers to respond to their educational needs.
On the other hand, EDPID assesses possible disability among 0-6-year-old children by
13. 13
using an EDPID tool to determine signs and symptoms of disabilities or those with
apparent disability.
Children with special needs (6-15 years old) are permanently placed with adoptive families
abroad thru the Special Home Finding Programme of the ICAB.
FULL IMPLEMENTATION OF IPRA LAW AND ESTABLISHMENT OF MONITORING
MECHANISM FOR ENSURING IP CHILDREN’S RIGHTS IN THEIR ANCESTRAL
LANDS AND DOMAINS
IP education for IP children is anchored on the K-12 program.
HOLISTIC APPROACH ENSURED IN HANDLING ISSUES OF ADOLESCENT HEALTH
SPECIFICALLY OF TEEN-AGERS
A Comprehensive Sexuality Education Program is now included in the school curriculum
to provide adolescents with RH education and awareness on the consequences of
teenage pregnancy, The Department of Health (DOH) has put up Youth-Friendly Centers
which provide capacity development and training for the youth.
CAPACITY BUILDING OF SERVICE PROVIDERS SUSTAINED FOR CHILD
PROTECTION PROGRAMS AND SERVICES
DSWD Knowledge Management
To capacitate and enhance the competencies of its staff and partners (intermediaries and
stakeholders) two modules on Supervising Day Care Workers and two modules on Child-
Friendly Space and Psychosocial Processing Session were developed. Moreover, four
modules were enhanced namely Family and Community-Based Disaster Preparedness,
Gender Sensitivity Training, Trauma Informed Counseling, and Early Childhood Care and
Development module for Family Development Sessions.
Knowledge products were also written that discussed the “new normal” and the strategy of
convergence. The feature articles were entitled “An Extraordinary Response to a Different
Kind of Ordinary: How the “New Normal Killed the Hayahay and “The MAT on Santol:
Converging Towards Attaining METRU” Standards in the delivery of Social Services”.10
IACAT Capacity Building
The IACAT spearheads the capacity development of members of law enforcement,
prosecution, judiciary, civil service and non-government organizations by holding seminars
and training workshops to strengthen anti-trafficking approaches and responses in their
respective areas of jurisdiction. In addition, individual member agencies of the IACAT
conducted their respective trainings and seminars such as the Roll-Out Trainings on the
Recovery and Reintegration Program for Trafficked Persons of the DSWD and the Anti-
Illegal Recruitment/Trafficking in Persons Seminars of the Philippine Overseas
Employment Agency (POEA) and the PNP.
10
METRU stands for the following: M for MDGs towards poverty eradication by providing comprehensive and quality basic
services; E for Ensuring peaceful and healthy environment; T for Targeting vulnerable/underprivileged sectors; R for
Resource generation and optimum utilization towards building a vibrant economy and financial stability; and U for Urban
planning and standards in the rural community towards good governance and sustainable alliance.
14. 14
The IACAT Secretariat and the Task Forces conducted a total of 99 trainings involving
4,952 participants from the government and 9,791 participants from the private sector. In
the aftermath of super typhoon Haiyan, which led to an increased vulnerability to human
trafficking in disaster-stricken areas, the IACAT Secretariat prioritized its anti-TIP trainings
in the affected areas of Regions VI, VII and VIII. Together with its partners, namely the
International Organisation for Migration (IOM), United Nations Population Fund (UNFPA)
and the United Nations Children’s Fund (UNICEF), the IACAT conducted five trainings in
the aforesaid regions to capacitate the regional service providers and local government
officials in responding to TIP cases. The IACAT, in cooperation with its partners noted the
importance of expanding existing cooperation efforts to give additional focus on displaced
persons in humanitarian crisis situations, including localized armed conflict. Thus, a
number of initiatives to further increase public information and awareness on human
trafficking in disaster and conflict-affected areas were conducted, including in the said
trainings and capacity-building of frontline service providers, establishment of anti-
trafficking and anti-illegal recruitment help desks and distribution of information, education
and communication (IEC) materials.
The natural and man-made disasters that wreaked havoc in the country in 2013 prompted
the IACAT to create the Yolanda (Haiyan)/IACAT Disaster Rapid Response Task Force for
the purpose of creating a coordinating body within the IACAT that will ensure that existing
anti-TIP programmes are strengthened especially in the identified priority areas. In
addition, the Task Force is expected to assess, plan and implement programmes to
combat, prevent and suppress trafficking and illegal recruitment among survivors of recent
natural and man-made calamities.The Task Force conducted seminars to familiarize local
officials of affected provinces on the law on TIP, the proper handling of TIP victims, and
the establishment of TIP “help desks” in local ports in their respective localities.
Capacity Building Activities of Other Agencies
The following agencies conducted their respective capacity building activities: (a) DepEd
capacity building on child protection for its field personnel; (b) JJWC capacity
building/orientation sessions with the five (5) pillars of the justice system in the
implementation of juvenile justice laws in the Philippines; (c) AFP orientation sessions on
Letter Directive 25 with its different branches of service and unified command and the
development of the AFP’s Child Protection Policy (2015); (d) ICAB provision of technical
assistance to and training of social workers in child caring agencies and foster homes to
help them identify red flags on health and development so that they could refer the child to
appropriate specialists; e) NNC barangay level training on the promotion of good nutrition
anchored on Infant and Young Child Feeding (IYCF) policy; (f) NCSD conduct of BCPC
trainings and capacity building of service providers including DILG, DSWD, DOH in Child
Abuse Prevention and Intervention Network (CAPIN) and its institutionalization in some
LGUs in Laguna; (g) DOLE/OWWA reintegration programme for OFWs and their families
on livelihood, values formation, entrepreneurship/financial literacy; (h) DOLE livelihood
assistance and skills development for parents of child laborers or the Kabuhayan para sa
Magulang ng Batang Manggagawa (KASAMA) programme resulted in the removal of
5,479 children from child labor and 8,922 at-risk children were prevented from engaging in
child labor; and (i) DA Food Staple Sufficiency Programme enhancing farmers’
productivity.
Budget-Related Issues
The stakeholders identified the following issues which need to be brought to the attention
of the Department of Budget and Management: (a) earmarking of funds which is not
15. 15
allowed, except if they are provided for by the law; and (b) budgeting is done on annual
basis and based on the merits of budget proposals - the proposed earmarking pre-empts
that process.
IV. Thematic Objective 4 Strengthening Child-Responsive Implementation and
Monitoring Mechanisms at National and Local Levels Leveraging the Use of
Information and Communications Technology (ICT)
CHILD-RESPONSIVE IMPLEMENTATION AND MONITORING MECHANISMS
Child-responsive implementation and monitoring mechanisms are in place for a number of
child-related agencies.
The Philippine Statistical Authority (PSA) is responsible for generating poverty statistics
including the incidence of child poverty. However, this should be done on a more frequent
basis as the latest one was in 2012 wherein child poverty incidence was recorded at 35.2
percent.
The DSWD through its SWD monitors compliance on RLA and regularly updates its
compendium of SW statistics. The Bureau of Immigration ensures compliance to DSWD
requirements for minors travelling abroad. The DSWD also uses a Pantawid RBME.
The National Disaster Risk Reduction and Management Council (NDRRMC) consolidated
the list of violence against women and children (VAWC) cases. The NDRRMC also need
to provide its database with data and statistics on the number of child casualties and
children affected by disasters and the other varied circumstances affecting them. Data on
casualties and affected population per disaster are not disaggregated.
The Office of the Presidential Adviser on the Peace Process (OPAPP) included data on
children in armed conflict (CIAC) and child rights in the programme of OPAPP and CSPP
indicators.
The Department of Labor and Employment uses its Statistical Performance Rating System
to expand its child labour knowledge information sharing.
NATIONAL AND LOCAL STANDARDS AND REGULATIONS ENFORCED FOR
PROVIDERS OF CHILDREN’S SERVICES
Child-Friendly Governance
The Department of the Interior and Local Government (DILG) strengthened its
monitoringof LCPC Functionality, conducted the first mandatory Child-Friendly Local
Governance Audit, the establishment of VAWC Desk and followed-up LGU compliance
toRA 10630 or the Strengthened Juvenile Justice and Welfare Law of 2013 which
amended RA 9344.
The mandatory audit for the Seal of Child-Friendly Local Governance (SCFLG) was
launched by the DILG in 2014 following an intensive process that sprung from the
adoption of the CWC Board of recommendations from a study on LCPC functionality in
2012. The introduction of the SCFLG manifested a paradigm shift in the mode of
evaluation of “child-friendly LGUs” from a voluntary application for the Presidential Awards
for Child-Friendly Municipalities and Cities and a shift in the assessment criteria from a
16. 16
performance output to outcome and results orientation based on national goals, targets
and standards for children. The audit identified 12 criteria which are results-based
premised on key indicators on health, nutrition, education and child protection. On its first
year, 84 percent of municipalities and cities were audited of which 69 percent were eligible
for conferment of the Seal of Child-Friendly Local Governance.
The directive of the DILG to conduct the Child-Friendly Local Governance Audit is a major
step in monitoring local state duty bearers’ compliance with the general principles of CRC
on non-discrimination, right to life survival and development and respect for the rights of
the child.
Legal Assistance to Children and Women
The Public Attorney’s Office formulated and implemented its internal rules andmemoranda
for the assistance of children in conflict with the law (CICL), victims of violence and other
incidents involving children. A series of memorandum circulars have been issued from
2002 to 2010: (a) Memorandum Circular No. 22 series of 2002 – Standard Office
Procedures in extending legal assistance to juveniles in conflict with the law; (b)
Memorandum Circular No 7 series of 2007 – Standard Office Procedures in extending
legal assistance to women and their children subjected to violence under RA No. 9262 and
other related laws; (c) Executive Order No. 633 (July 16, 2007) – providing for the
immediate release of detained children in conflict with the law (CICL) and declared under
RA 9344 entitled Juvenile Justice and Welfare Act. Also issued was Order No. 137 series
of 2010 of the PAO Operations Manual that reflected the following: Article IV – Legal
assistance to CICL; Article V – Legal assistance to women and their children subjected to
violence under RA 9262 and other related laws; and Article X – Non-judicial services:
instant service for legal counselling and documentation, administering oaths, mediation
and conciliation of disputes.
CICL Detention
The Bureau of Jail Management and Penology (BJMP) set some guidelines in the
reception, handling and release of CICL since their detention in jail is unavoidable due to a
compulsory process issued by a competent court. The BJMP enhanced its paralegal
programs under the Legal Service Office regarding decongestion measures in relation to
RA 9344, A.M. 02-1-18-SC.
Effective 2014, pursuant to RA 9344 in relation to RA 10630, no CICL shall be detained in
a jail even if the child is accused of a crime/offense or his/her case is pending
investigation/trial.The BJMP reported that CICL data on Annual Average Jail Population
Trend, the average jail population of CICL decreased by 14 percent from 2013 – 2014. As
of June 2015, there are about 380 CICL in BJMP. Hence, it is necessary to ensure that
LGUs establish “BahayPag-Asa” or youth detention homes.
Furthermore, the BJMP recommends (a) to strengthen the implementation of Inmates
Welfare and Development Programs such as Alternative Learning System, livelihood
programs, paralegal services and (b) to ensure the strict compliance with the existing
BJMP policies and guidelines in relation to CICL.
17. 17
STRENGTHENED INTER-AGENCY BODY FOR CHILDREN
Convergence of Councils and Committees for Children
Following a Summit of Councils and Committees in 2012, the FourCs or Convergence of
Councils and Committees for Children was created to ensure that member councils work
together and coordinate their efforts. The FourCs is comprised of the following:Council for
the Welfare of Children; Committee for Special Protection of Children; Early Childhood
Care and Development Council; Inter-Agency Council Against Trafficking; Inter-Agency
Council Against Child Pornography; Juvenile Justice and Welfare Council; National
Nutrition Council; National Child Labor Committee; National Council on Disability Affairs;
and National Council for Children’s Television.
In addition to the mandated councils and commission, committees and sub-committees
under the auspices of the Council for the Welfare of Children were created: (a) children in
need of special protection (with four sub-committees), (b) child protection for Philippine
disasters, (c) family and alternative parental care, (d) children and youth participation, and
(e) communication.
Regional Committees/Sub-Committees for the Welfare of Children
The Council for the Welfare of Children acknowledged the compelling need to strengthen
the institutional capacity of the Regional Committees/Sub-Committees of the Welfare of
Children11
. An in-depth performance assessment was conducted and a series of regional
workshops were held in 2013-2014 to re-strategize to enhance its regional structure and to
re-align their roles and functions.
The effectiveness and functionality of the RSCWCs are hinged on the active involvement
and support of the Chair, who is normally the Regional Director of the DSWD, and the
focal person’s skills, competence and experience in coordination, documentation and
monitoring. However, since meetings are mostly attended by technical staff the RSCWCs
tend to function as an implementing arm and operating more as a technical working group.
RSCWCs are unable to carry out the more important function of monitoring the situation of
children in the LGU using child well-being indicators for each of the rights. This has not
been actively pursued by LGUs because it requires a specialized technical training for the
LGU staff to prepare the indicator-based report.
Regional Juvenile Justice and Welfare Committees
In 2014, Regional Juvenile Justice and Welfare Committees were established and now
functional in 16 regions. The RJJWCs, together with the JJWC Secretariat, are
responsible for monitoring the implementation of juvenile justice and welfare laws at the
regional and local levels.
Law Enforcement Task Forces Against Trafficking in Persons
To prevent potential TIP victims from being brought to the sites where they will be
exploited, the IACAT has placed anti-trafficking forces in airports, seaports, trafficking
recruitment areas and other strategic locations that would, among other tasks, identify
likely trafficking victims. At international points of entry, this involves the strict evaluation of
11 Regional Committees for the Welfare of Children (RCWC) for other regions.
18. 18
travel, employment and financial documents to determine if persons are leaving the
Philippines for bona fide purposes.
Pursuant to the Implementing Rules and Regulations of RA 9208 as amended by RA
10364, the IACAT established Law Enforcement Task Forces Against Trafficking in
Persons and Quick-Reaction Teams (QRT) composed of prosecutors (DOJ), law
enforcement investigators (NBI/PNP), welfare officers (DSWD) and NGOs in eleven (11)
seaports, airports and land terminals. The Task Forces were established, trained and are
all fully operational. Specialized anti-trafficking task forces in critical regions were
established:
a. Inter-Agency/Port-Based Task Forces – the National Inter-Agency Task Force
Against Trafficking/Quick Reaction Team (NIATFAT/QRT) based in Metro Manila,
National Capital Region and Port-Based Task Forces in the following: Manila Harbor
Task Force Against Trafficking based in Manila North Harbor, Manila; Ninoy Aquino
International Task Force Against Trafficking (NAIATFAT) based in Terminals 1,2,3 in
Pasay City; Mactan Cebu International Airport (MCIA) Task Force Against Tafficking
in Cebu; Clark International Airport (CIA) Task Force Against Trafficking based in
DMIA, Clark, Pampanga; Zamboanga sea-Based Anti-Trafficking Task Force
(SBATTF) based in Zamboanga City; and the Aklan Port-Based Anti-Trafficking Task
Force.
b. Prosecutorial Task Force – the DOJ Task Force Against Trafficking in Persons
(TFATIP) based in the DOJ Main Office, Manila and the Regional Anti-Trafficking
Task Forces: Manila Anti-Trafficking Task Force (MATTF), Palawan Anti-Trafficking
Task Force based in Puerto Princesa, Palawan and the Regional Anti-Trafficking
Task Forces (RATTF) in Regions I to XIII across the country located in: San
Fernando City in Region I; Tuguegarao City in Region II; Cabanatuan City in Region
III; San Pablo City in Region IV; Legaspi City in Region V; Iloilo in Region VI; Cebu
City in Region VII; Tacloban City in Region VIII; Zamboanga in Region IX; Cagayan
de Oro in Region X; Davao City in Region XI;in Region XII; and Surigao City in
Region XIII.
The Task Forces take an indispensable part in the rescue operations, case build-up and
prosecution of traffickers. The Task Forces are established in strategic locations
considering critical entry/exit points in the country and the place of origin or source area of
TIP victims. These Task Forces spearhead the preventive initiatives and activities
designed to minimize illegal entry/exit of the recruited victims. They are created to
enhance the local operative’s enforcement of the law particularly, in surveillance/rescue
operations and build-up of TIP cases. Thus, they ensure that the incidents are reported,
referred and filed in the local prosecutor’s office acquiring jurisdiction thereof.
STRENGTHENED MECHANISM IN MONITORING AND ADDRESSING CHILD LABOUR
CASES, INCIDENCE AND ISSUES
Child Labor-Free Philippines
The Philippines is one of the many countries that ratified the International Labour
Organization Convention No. 182 for the elimination of child labour and the prohibition and
removal of children from the worst forms of child labour. Republic Act 9231 or the Act
Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger
Protection of the Working Child was passed in 2003.
19. 19
The Department of Labor and Employment (DOLE) launched the following programmes to
make the country child-labor free: (a) Child Labor-Free Barangay; (b) Child Labor-Free
Establishment; (c) HELP ME Convergence Program; (d) Project Angel Tree; and (e) Sagip
Bata Manggagawa(SBM).
In 2014, a nation-wide profiling of child laborers was undertaken by the DOLE to locate
where these children are and identify the appropriate interventions and services to be
provided to them and their families. A total of 75,724 child laborers were profiled from
406,887 households. Most of the child laborers who were profiled are engaged in farming,
fishing, scavenging, vending, small-scale mining and domestic work, among others. As of
December 2014,data on 23,086 (30.5%) profiled child laborers have been encoded.
The campaign for child labor-free barangay was launched in 2012 to contribute to the
vision of a “Child Labor-Free Philippines” to influence change and obtain commitment and
support from various stakeholders to make barangays free from child labour.This strategy
transforms an identified barangay with high concentration of child labour into a zero child
labor barangay through convergence with concerned national government agencies, local
government units, civil society organizations and DOLE’s intermediaries by providing
appropriate and needed services to both the child labourers and the family.
Administrative Order No. 657 was issued on the Guidelines on the Certification of Child
Labor-Free Barangay. The Guidelines contain the criteria for the selection of child labor-
free barangay, documentary requirements, certification process, incentives and benefits,
and grounds for decertification, among others.
Department Order No. 131-13 or the Labor Laws Compliance System (LLCS) was issued.
This is a mix of regulatory and development approaches which assess private
establishments in complying labor laws and other labor-related issuances particularly on
prohibition of children below 15 years old to work and children aged 15-17 years old to
work in hazardous workplaces.
In 2014, the SBM Quick Action Teams conducted 15 rescue operations, 67 percent of
which were in the National Capital Region. A total of 426 children were rescued since
2011.
Out of the 15 establishments raided in 2014, five (5) criminal cases against the
perpetrators have been filed, two (2) are pending with the Office of the Prosecutorswhile
three (3) are with the Regional Trial Courts. The DOLE issued permanent closure orders
to eight (8) establishments in 2014 found engaging 25 minors in prostitution. This brings to
a total of 41 establishments permanently closed by DOLE since RA 9231 was enacted in
2003.
Voluntary Codes of Conduct on the Elimination of Child Labor in the Sugar Industry have
been signed by key stakeholders in the sugar cane growing provinces of Batangas,
Negros Occidental and Bukidnon. Furthermore, 389 local ordinances supporting the
campaign against child labour have been passed from 2012-2014, with 214 local
development plans which mainstreamed child labour in its agenda.
Labour Dimensions of Trafficking
The IACAT developed a Manual on the Labor Dimensions of Trafficking in Persons, A
Manual for Investigators, Prosecutors, Labor Inspectors and Service Providers which is
designed to establish conceptual clarity on forced labor, recommend special investigative
20. 20
techniques, distinguish acts of trafficking for labor exploitation from other penal laws,
expound other legal options covered by civil labor, migration and administrative law
regimes and outline the legal options and other forms of assistance to victims and
survivors of trafficking for labor exploitation as well as the roles and responsibilities of
agencies and institutions.
The Guidelines on the Departure Formalities for International Bound Passengers in All
Airports and Seaports in the Country, which provides for definite parameters to the
enforcement of immigration departure formalities intended for the prevention of trafficking
in persons and other related offenses, is presently undergoing revision by the IACAT to
provide a clearer and more exact rules in the inspection and offloading of international
bound passengers.
DATABASE SYSTEMS
National Justice Information System
A National Justice Information System (NJIS) was put in place.
Juvenile Justice and Welfare Management Information System
A Juvenile Justice and Welfare Management Information System (JJW-MIS) on children
at-risk of becoming in conflict with the law (CAR) and children in conflict with the law
(CICL) is being established for full implementation in 2015-2017. This information system
shall establish an integrated social case management, referral and registry/local level
database on all cases of CAR and CICL. The local level database of this system shall be
utilized by duty-bearers (barangay/BCPC workers, law enforcers, teachers, guidance
counselors, social workers and prosecutors) from receipt of report involving CICL, to the
referral and management of their cases, is mandated under RA 10630. CAR and CICL
data gathering tools being used by various JJWC member and cooperating agencies and
LGUs have been revised. The JJWC-Information System Strategic Plan for 2016 has been
approved for implementation.
Database of TIP Cases
In order to put in place a comprehensive database of all the TIP cases, the DOJ-IACAT
case monitoring team is continuously complying with its mandate to monitor and make an
inventory of cases filed before the Regional Trial Courts (RTCs).
With the completion of the case audit project, a more comprehensive case monitoring
matrix was developed to fill the gaps of information in the database. The said matrix
provides information on victims’ and traffickers’ profile, types of trafficking (i.e. sex, cyber-
sex, labor, etc.) and aging and status of cases. To date, the IACAT has encoded a total of
2,464 cases. The IACAT has already accomplished a significant percentage of the
required fields of the database. It is also working on a system focusing on the effective use
and management of information, particularly on the prosecution of TIP cases and at the
same time addressing the challenge of gathering data in a reliable and timely manner.