What is the
Conventionon the
Rights of the Child?
The United Nations
Convention on the Rights of
the child is an international
human rights treaty which
sets out the civil, political,
economic, social, health and
cultural rights of the
children.
5.
Did you know?
•Leaderscame together and made historic
commitment to the world’s children.
•made a promise to every child to protect and
fulfill their rights , adopting international
legal framework.
6.
Convention on theRights of Child
• The child by reason of his physical and mental
immaturity need special safeguard and care
including appropriate legal protecton before as well
as after birth.
7.
The 3 P'sof Convention on the
Rights of the Child
1. Provision
2. Protection
3. Participation
8.
Key Provisions:
• Non-discrimination
•survival and development
• Freedom of thought, conscience and religion
• Abuse and neglect
• Health and Nutrition
• Standard of Living
• Child Labour
• Sexual Exploitation
9.
What has theconvention achieved?
• child poverty has halved since the Convention was
adopted, and improvements in maternal care have
contributed to a reduction in child mortality rates.
• Moreover, the percentage of primary-aged children not
attending school has dropped significantly, indicating
progress in educational accessibility.
• Additionally, many countries have instituted prohibitions
on corporal punishment, enhancing children’s rights and
protections.
What is UNESCO?
•Specialized agency of United Nation (UN) aimed at promoting
world peace and security through international cooperation in
education, arts, sciences, and culture.
• Created in 1946, UNESCO originally rebuilt schools, libraries,
and museums destroyed in Europe during World War II.
• It develops educational tool to help people as global citizens
free of hate and intolerance. It work so that, each student and
citizen has access to quality education.
12.
UNESCO promotes inclusive
educationsystem that
remove the barriers limiting
the participation and
achievements of all learners,
respect diverse needs,
abilities and characteristics,
and that eliminates all
forms of discrimination in
the learning environment.
What is Educationfor all?
• Education For All (EFA) is a global movement led by UNESCO
(United Nation Educational, Scientific and Cultural
Organization), aiming to meet the learning needs of all children,
youth and adults by 2015.
• The Education for All is a global commitment to provide quality
basic education for all children, youth and adults.
• The movement was launched at the World Conference on
Education for All in Jomtien, Thailand in 1990 by United Nation
Educational Scientific and Cultural Organization
(UNESCO),United Nations Development Programme (UNDP),
United Nations Children's Funds (UNICEF) and the World Bank.
15.
• Education forAll is a fundamental concept that emphasizes
providing education to every individual, regardless of their
background or circumstances. It is rooted in the belief that
education is a universal human right and a crucial
investment for the development of prosperous, healthy, and
equitable societies. Despite this principle being enshrined
in Article 26 of the Universal Declaration of Human Rights,
millions of children worldwide still lack access to education,
highlighting the ongoing challenges in achieving this goal.
Education for All serves as a passport to human
development, offering opportunities and freedoms that can
transform lives and societies.
16.
What is EFAin special education?
*The concept of “Education for
All” aligns with special education
through an inclusive approach
that ensures students with
disabilities have equal access to
quality education. Special
education is an integral part of
the broader goal of providing
education for all individuals,
including those with diverse
learning needs
17.
UNESCO'S SIX GOALSFOR
EDUCATION FOR ALL
1. Expand early childhood care and education
2. Ensure that all children, particularly girls, have access to
and complete primary education.
3. Improve learning achievement in basic skills for youth and
adults.
4. Increase adult literacy.
5. Achieve gender parity and gender equality.
WHAT IS KTO 12?
• K stands for kindergarten and 12 refers to the succeeding 12 years of
basic education, which is why it is called K to 12. The 12 years of
basic education comprises of 6 years of elementary education, 4 years
of junior high school, and 2 years of senior high school.
The K to 12 curriculum in the Philippines was launched by the
Department of Education (DepEd). It was officially signed into law as
Republic Act No. 10533, also known as the "Enhanced Basic
Education Act of 2013.
The Secretary of Education when the K to 12 curriculum was
launched was Armin Luistro. He served as the Secretary of Education
from 2010 to 2016 and was instrumental in the implementation of the
K to 12 Program, which was officially enacted into law in 2013.
20.
K to 12Inclusion Policy
• The K to 12 inclusion policy aims to create a more inclusive
and supportive educational environment for all students,
regardless of their background, gender, or orientation. This
policy emphasizes the importance of diversity and equity in
education to ensure that all students feel safe, supported, and
valued in their learning journey.
• *The K to 12 inclusion policy in the Philippines is designed to
support students with disabilities by offering academic, social,
and physical inclusion to ensure they receive the necessary
support and opportunities to thrive in the educational setting
21.
Here are theKey aspects of this
policy
1. Core Principle of Inclusion
Inclusion is a fundamental principle of the K to 12 curriculum. It
emphasizes a learner-centered approach that is developmentally
appropriate, culturally sensitive, and relevant to the diverse needs
of students.
2. Curriculum Features
The inclusive curriculum aims to be
a. Learner-Centered- Focused on the individual needs and
strengths of each student.
b. Developmentally Appropriate- Tailored to the developmental
stages of learners
22.
c. Culture-Sensitive- Respectfulof and responsive to the
cultural backgrounds of students.
d. Gender-Responsive- Acknowledging and addressing gender
differences and promoting equality.
e. Contextualized- Relevant to the local context and
experiences of students
3. Policy Framework
The Department of Education (DepEd) has established a
framework to support the implementation of inclusive
education. This includes guidelines for teaching practices,
training for educators, and resources to create supportive
learning environments
23.
4. Global CitizenshipIntegration
Recent efforts by DepEd also focus on integrating topics of
inclusivity and global citizenship into the curriculum,
ensuring that students are not only educated academically but
also socially aware and responsible
5. Response to Challenges
The COVID-19 pandemic highlighted the need for flexible and
inclusive educational strategies. DepEd has adapted its
policies to ensure continuity in learning, emphasizing the
importance of inclusivity in all educational responses.
24.
IN ADDITION
• TheK to 12 inclusion policy aims not only for academic success
but also for the social and emotional development of students with
disabilities. This aligns with the goals of special education, which
prioritize the overall well-being of learners and also it is designed
to enhance the educational experiences of students with
disabilities by integrating special education principles into
mainstream education.
IN K TO 12 INCLUSION POLICY;
NO LEARNER LEFT BEHIND
EVERYONE IS INCLUDED
- The 1987Philippine Constitution, Art XIV, Sec 1 and 2
- Republic Act 10533 Enhanced Basic Education Act- including ALS and
Learners with Special Needs
- Republic Act 8371 Indigenous People’s Right Act
-Presidential Decree 603
- Republic Act 7610 Special Protection Against Child Abuse and
Exploitation
- Republic Act 9344 Juvenile Justice and Welfare Act
- Republic Act 9442 Magna Carta for Disabled Persons
- Republic Act 10665 Open High School System Act
-Republic Act 7277 Rehabilitation, and Integration of Disabled Persons in
Mainstream Society
EDUCATION
• Section 1.The State shall protect and promote the
right of all citizens to quality education at all levels,
and shall take appropriate steps to make such education
accessible to all.
30.
Section 2. TheState shall:
1. Establish, maintain, and support a complete, adequate, and integrated
system of education relevant to the needs of the people and society;
2. Establish and maintain, a system of free public education in the elementary
and high school levels. Without limiting the natural rights of parents to rear their
children, elementary education is compulsory for all children of school age;
3. Establish and maintain a system of scholarship grants, student loan
programs, subsidies, and other incentives which shall be available to deserving
students in both public and private schools, especially to the under-privileged;
4. Encourage non-formal, informal, and indigenous learning systems, as well
as self-learning, independent, and out-of-school study programs particularly those
that respond to community needs; and
5. Provide adult citizens, the disabled, and out-of-school youth with training in
civics, vocational efficiency, and other skills.
31.
Republic Act 10533:
Enhanced Basic
Education Act
including ALS and Learners with Special Needs
32.
What is RA10533?
• An Act Enhancing the Philippine Basic Education System by
Strengthening its Curriculum and Increasing the
number of Years For Basic Education also known as the
“Enhanced Basic Education Act of 2013”
• Approved on May 15,2013 and took its effect on June 8,2013.
33.
Why did thePhilippines reformed
its Basic Education Program?
• Only country in Asia with 10 years of basic education
• Poor quality of education
• Too many non-practical subjects
• Not prepared for college education
• Too young for labor force
• No global recognition
34.
SEC. 2. Declarationof Policy.
• The State shall establish, maintain and support a complete,
adequate, and integrated system of education relevant to the needs
of the people, the country and society-at-large.
• Likewise, it is hereby declared the policy of the State that every
graduate of basic education shall be an empowered individual who
has learned, through a program that is rooted on sound educational
principles and geared towards excellence, the foundations for learning
throughout life, the competence to engage in work and be productive, the
ability to coexist in fruitful harmony with local and global communities,
the capability to engage in autonomous, creative, and critical thinking,
and the capacity and willingness to transform others and one’s self.
35.
For this purpose,the State shall create a functional basic education
system that will develop productive and responsible citizens equipped
with the essential competencies, skills and values for both life-long
learning and employment. In order to achieve this, the State shall:
• (a) Give every student an opportunity to receive quality education
that is globally competitive based on a pedagogically sound curriculum
that is at par with international standards;
• (b) Broaden the goals of high school education for college preparation,
vocational and technical career opportunities as well as creative arts,
sports and entrepreneurial employment in a rapidly changing and
increasingly globalized environment; and
• (c) Make education learner-oriented and responsive to the needs,
cognitive and cultural capacity, the circumstances and diversity of
learners, schools and communities through the appropriate languages of
teaching and learning, including mother tongue as a learning resource.
36.
SEC. 3. BasicEducation.
• Basic education is intended to meet basic learning needs
which provides the foundation on which subsequent
learning can be based. It encompasses kindergarten,
elementary and secondary education as well as
alternative learning systems for out-of-school learners
and those with special needs.
37.
SEC. 4. EnhancedBasic Education
Program.
• The enhanced basic education program encompasses at
least one (1) year of kindergarten education, six (6) years of
elementary education, and six (6) years of secondary
education, in that sequence. Secondary education includes
four (4) years of junior high school and two (2) years of
senior high school education.
• Basic education shall be delivered in languages understood
by the learners as the language plays a strategic role in
shaping the formative years of learners.
38.
SEC. 5. CurriculumDevelopment.
• The DepED shall formulate the design and details of
the enhanced basic education curriculum. It shall
work with the Commission on Higher Education (CHED) to
craft harmonized basic and tertiary curricula for the global
competitiveness of Filipino graduates. To ensure college
readiness and to avoid remedial and duplication of basic
education subjects, the DepED shall coordinate with the
CHED and the Technical Education and Skills
Development Authority (TESDA).
39.
Standards and Principlesin developing
the enhanced basic education curriculum:
• Learner-centered, Inclusive and developmentally appropriate
• Relevant, Responsive and Research-based
• Culture-sensitive, Contextualized and Global
• Uses pedagogical approaches that are constructivist, inquiry-
based, reflective, collaborative and integrative
• Uses the spiral progression approach to ensure mastery of
knowledge and skills after each level
• Adhere to the principles and framework of Mother Tongue-
Based Multilingual Education (MTB-MLE)
40.
Other provision:
• SEC.6. Curriculum Consultative Committee.
• SEC. 7. Teacher Education and Training.
• SEC. 8. Hiring of Graduates of Science, Mathematics,
Statistics, Engineering and Other Specialists in Subjects
With a Shortage of Qualified Applicants, Technical-
Vocational Courses and Higher Education Institution
Faculty.
• SEC. 9. Career Guidance and Counselling Advocacy.
• SEC. 10. Expansion of E-GASTPE Beneficiaries.
Indigenous Cultural
Communities/Indigenous Peoples
•Group of people or homogenous societies identified by ;
1. Self-ascription and ascription by others,
2. Continuously lived as organized community on communally bounded
and defined territory,
3. Claims of ownership since time immemorial, occupied, possessed and
utilized such territories,
4. Sharing common bonds of language, customs, traditions and other
distinctive cultural traits,
5. People who are regarded as indigenous on account of their descent from
the populations which inhabited the country, at the time of conquest or
colonization, or at the time of inroads of non-indigenous religions and
cultures,
44.
History and LegalBases of IP
rights
• Carino vs. Insular Government (1909)
• Second Public land Act (1919)
• Commonwealth Act No. 141(1963) amended by RA 3872 of
1964
• PD 1414 (1978)- Presidential Assistant for National
Minorities was established
45.
What is RA8371?
• This Act shall be known as “The Indigenous Peoples’ Rights
Act of 1997”.
• An Act to recognize, protect and promote the rights of
Indigenous Cultural Communities/Indigenous people,
creating a national commission on Indigenous peoples,
establishing implementing mechanisms, appropriating
funds thereof, and for other purposes.
• Passed and approved on October 29,1997
46.
What are theRights of Indigenous
People according to IPRA Law?
- Right to Ancestral Domains and Lands
- Right to Self- Governance and Empowerment
- Right to Social Justice and Human Rights
- Right to Cultural Integrity
47.
Right to AncestralDomains and Lands
Sec 4-12,Chapter III, Indigeneous Peoples Right Act
• The Concept of Ancestral Lands/Domains.
— Ancestral lands/domains shall include such concepts of
territories which cover not only the physical environment but
the total environment including the spiritual and cultural
bonds to the areas which the ICCs/IPs possess, occupy and
use and to which they have claims of ownership. (Sec. 4)
48.
Right to AncestralDomains and Lands
Sec 4-12,Chapter III, Indigeneous Peoples Right Act
The rights of ownership and possession of ICCs/IPs to their ancestral
domains shall be recognized and protected. Such rights shall include:
a) Right of Ownership.
b) Right to Develop Lands and Natural Resources.
c) Right to Stay in the Territories.
d) Right in Case of Displacement.
e) Right to Regulate Entry of Migrants.
f) Right to Safe and Clean Air and Water.
g) Right to Claim Parts of Reservations.
h) Right to Resolve Conflict.
49.
Right to Self-Governance and
Empowerment
Sec 13-20,Chapter IV, Indigeneous Peoples Right Act
- The State recognizes the inherent right of ICCs/IPs to self-
governance and self-determination and respects the integrity of
their values, practices and institutions. Consequently, the State
shall guarantee the right of ICCs/IPs to freely pursue their
economic, social and cultural development. (Sec.13)
50.
Right to Self-Governance and
Empowerment
Sec 13-20,Chapter IV, Indigeneous Peoples Right Act
- This Chapter also include the IP rights to;
(a) Support for Autonomous Regions
(b) Justice System, Conflict Resolution Institutions, and Peace
Building Processes
(c) Right to Participate in Decision-Making
(d) Right to Determine and Decide Priorities for Development
(e) Tribal Barangays
(f) Role of Peoples Organizations
(g) Means for Development/Empowerment of ICCs/IPs
51.
Right to SocialJustice and Human Rights
Sec 21-28,Chapter V, Indigeneous Peoples Right Act
Equal Protection and Non-discrimination of ICCs/IPs.
— Consistent with the equal protection clause of the Constitution of the
Republic of the Philippines, the Charter of the United Nations, the
Universal Declaration of Human Rights including the Convention on the
Elimination of Discrimination Against Women and International Human
Rights Law, the State shall, with due recognition of their distinct
characteristics and identity, accord to the members of the ICCs/IPs the
rights, protections and privileges enjoyed by the rest of the citizenry. It shall
extend to them the same employment rights, opportunities, basic
services, educational and other rights and privileges available to
every member of the society. Accordingly, the State shall likewise ensure
that the employment of any form of force or coercion against ICCs/IPs shall
be dealt with by law. (SECTION 21)
52.
Right to SocialJustice and Human Rights
Sec 21-28,Chapter V, Indigeneous Peoples Right Act
• Integrated System of Education. — The State shall,
through the NCIP, provide a complete, adequate and
integrated system of education, relevant to the needs of
the children and young people of ICCs/IPs. (Sec. 28)
53.
Right to CulturalIntegrity
Sec 29-37,Chapter VI, Indigeneous Peoples Right Act
• The State shall respect, recognize and protect the right of ICCs/IPs to
preserve and protect their culture, traditions and institutions. It shall
consider these rights in the formulation and application of national plans
and policies. (Sec. 29)
• including the;
(a) Recognition of Cultural Diversity
(b) Community Intellectual Rights
(c) Rights to Religious, Cultural Sites and Ceremonies
(d) Right to Indigenous Knowledge Systems and Practices and to Develop
own Sciences and Technologies
(e)Access to Biological and Genetic Resources
(f) Sustainable Agro-Technical Development
54.
Right to CulturalIntegrity
Sec 29-37,Chapter VI, Indigeneous Peoples Right Act
• SECTION 30. Educational Systems. — The State
shall provide equal access to various cultural
opportunities to the ICCs/IPs through the educational
system, public or private cultural entities, scholarships,
grants and other incentives without prejudice to their right
to establish and control their educational systems and
institutions by providing education in their own language,
in a manner appropriate to their cultural methods of
teaching and learning. Indigenous children/youth shall
have the right to all levels and forms of education of the
State.
55.
National Commission onIndigenous Peoples (NCIP)
Sec 38-50,Chapter VII, Indigeneous Peoples Right Act
• The primary government agency responsible for the
formulation and implementation of policies, plans and
programs to promote and protect the rights and well-being
of the ICCs/IPs and the recognition of their ancestral
domains as well as the rights thereto. (sec. 38)
• The NCIP has jurisdiction on; (a) administrative, (b)
Quasi-legislative, (c) Quasi- judicial functions
concerning IP’s.
56.
5 Major Programsof NCIP
1. Land Tenure Security Program
2. Establishment of Model AD Communities
3. Enforcement of Human Rights and Empowerment of IP’s
through trainings.
4. Titling and Delineation of Ancestral Domains and Lands.
5. Adjudication of cases.
57.
National Commission onIndigenous Peoples
(NCIP)
Sec 38-50,Chapter VII, Indigeneous Peoples Right Act
• The Office on Culture, Education and Health in NCIP shall be responsible for;
(a) The effective implementation of the education, cultural and related rights as
provided in this Act.
(b) It shall assist, promote and support community schools, both formal and non-
formal, for the benefit of the local indigenous community, especially in areas
where existing educational facilities are not accessible to members of the
indigenous group.
(c) It shall administer all scholarship programs and other educational rights
intended for ICC/IP beneficiaries in coordination with the Department of
Education, Culture and Sports and the Commission on Higher Education.
(d) It shall undertake, within the limits of available appropriation, a special
program which includes language and vocational training, public health and
family assistance program and related subjects.
58.
How does IPRALaw aid in
establishing special and
inclusive education in the
Philippines?
59.
- The IndigenousPeoples Rights Act (IPRA) of 1997 significantly
contributes to the establishment of special and inclusive education
in the Philippines by mandating equal access to educational
opportunities for Indigenous Peoples (IPs).
-This law also promotes the establishment and control of
Indigenous education systems, ensuring that educational
approaches are tailored to their social and cultural contexts.
What is PD603?
•
Presidential Decree No. 603, known as the Child and
Youth Welfare Code, was mandated to ensure the rights
and welfare of children in the Philippines.It aims to
promote the holistic development of children by
safeguarding their rights to life, education, and protection
from harm, thereby laying a foundation for a supportive
environment that enhances their potential.
62.
TITLE I
GENERAL PRINCIPLES
Article1, PD 603
1. The Child is one of the most important assets of the nation.
Every effort should be exerted to promote his welfare and
enhance his opportunities for a useful and happy life.
2. The molding of the character of the child starts at the home.
3. The child is not a mere creature of the State.
4. Attachment to the home and strong family ties should be
encouraged but not to the extent of making the home isolated
and exclusive and unconcerned with the interests of the
community and the country.
63.
Title and Scopeof Code
Article 2, PD 603
• The Code shall be known as the Child and Youth
Welfare Code. It shall apply to persons below twenty-one
years of age except those emancipated in accordance with
law. "Child" or "minor" or "youth" as used in this Code,
shall refer to such persons.
64.
TITLE I
GENERAL PRINCIPLES
•Article 3. Rights of the Child. - All children shall be entitled to the rights
herein set forth without distinction as to legitimacy or illegitimacy, sex,
social status, religion, political antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human
being from the moment of his conception
(2) Every child has the right to a wholesome family life
(3) Every child has the right to a well-rounded development of his
personality
(4) Every child has the right to a balanced diet, adequate clothing,
sufficient shelter, proper medical attention, and all the basic physical
requirements of a healthy and vigorous life.
65.
• (5) Everychild has the right to be brought up in an atmosphere of morality
and rectitude for the enrichment and the strengthening of his character.
• (6) Every child has the right to an education commensurate with his
abilities and to the development of his skills for the improvement of his
capacity for service to himself and to his fellowmen.
• (7) Every child has the right to full opportunities for safe and wholesome
recreation and activities, individual as well as social, for the wholesome use
of his leisure hours.
• (8) Every child has the right to protection against exploitation, improper
influences, hazards, and other conditions or circumstances prejudicial to his
physical, mental, emotional, social and moral development.
• (9) Every child has the right to live in a community and a society that can
offer him an environment free from pernicious influences and conducive to
the promotion of his health and the cultivation of his desirable traits and
attributes.
66.
• (10) Everychild has the right to the care, assistance, and
protection of the State, particularly when his parents or guardians
fail or are unable to provide him with his fundamental needs for
growth, development, and improvement.
• (11) Every child has the right to an efficient and honest
government that will deepen his faith in democracy and inspire
him with the morality of the constituted authorities both in their
public and private lives.
• (12) Every child has the right to grow up as a free individual, in an
atmosphere of peace, understanding, tolerance, and universal
brotherhood, and with the determination to contribute his share in
the building of a better world.
67.
TITLE I
GENERAL PRINCIPLES
•Article 12. Education. - The schools and other entities
engaged in non-formal education shall assist the parents in
providing the best education for the child.
68.
TITLE III.
CHILD ANDYOUTH WELFARE AND EDUCATION
CHAPTER I : Access to Educational Opportunities
Article 71. Admission to Schools. - The state shall see to it
that no child is refused admission in public schools. All
parents are required to enroll their children in schools to
complete, at least, an elementary education.
69.
TITLE III.
CHILD ANDYOUTH WELFARE AND EDUCATION
• Article 72. Assistance. - To implement effectively the
compulsory education policy, all necessary assistance
possible shall be given to parents, specially indigent ones or
those who need the services of children at home, to enable
the children to acquire at least an elementary education.
70.
TITLE III.
CHILD ANDYOUTH WELFARE AND EDUCATION
• Article 74. Special Classes. - Where needs warrant, there
shall be at least special classes in every province, and, if
possible, special schools for the physically handicapped, the
mentally retarded, the emotionally disturbed, and the
specially gifted. The private sector shall be given all the
necessary inducement and encouragement to establish such
classes or schools.
71.
Mentally Retarded, PhysicallyHandicapped,
Emotionally Disturbed and Mentally Ill Children
• Chapter II of PD 603 classify the following:
- Mentally Retarded Children (Article 168)
-Classification of Mental Retardation (Article 169)
1. Custodial Group
2. Trainable Group
3. Educable Group
4. Borderline or Low Normal Group
- Physically Handicapped Children (Article 170)
- Emotionally Disturbed Children (Article 171)
-Mentally Ill Children (Article 172)
72.
• Article 173.Admission of Disabled Children. - The Department of
Social Welfare, upon the application of the parents or guardians and
the recommendation of any reputable diagnostic center or clinic, shall
refer and/or admit disabled children to any public or private institution
providing the proper care, training and rehabilitation.
• Article 174. Training and Opportunities for Disabled Children.
- Specialized educational services shall be expanded and improved to
provide appropriate opportunities for disabled children. Vocational
rehabilitation and manpower conservation agencies shall train
disabled children for specialized types of jobs, services and business
which could be learned only by them and shall help provide
opportunities for their future occupational placement: That the
agencies and organizations engaged in programs and services for the
disabled need not be limited to minors. Persons of legal age may be
admitted whenever facilities are available for them.
73.
• Article 175.Planning of Programs and Services. -
Selected pilot demonstration projects needed by the
disabled children shall be developed and shall be the basis
for planning expanded programs and services throughout
the nation. There shall be established area centers designed
to bring together an aggregate of services to serve all ages
of the disabled within a specified geographical area.
74.
R.A 7610
AN ACTPROVIDING FOR
STRONGER DETERRENCE AND
SPECIAL PROTECTION AGAINST
CHILD ABUSE, EXPLOITATION
AND DISCRIMINATION, AND FOR
OTHER PURPOSES
75.
Section 1. Title.– This Act
shall be known as the "Special
Protection of Children
Against Abuse, Exploitation
and Discrimination Act."
76.
Section 2. Declarationof State Policy
and Principles.
• – It is hereby declared to be the policy of the State to provide special
protection to children from all firms of abuse, neglect, cruelty
exploitation and discrimination and other conditions, prejudicial
their development; provide sanctions for their commission and carry
out a program for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation and
discrimination. The State shall intervene on behalf of the child
when the parent, guardian, teacher or person having care or
custody of the child fails or is unable to protect the child against
abuse, exploitation and discrimination or when such acts against the
child are committed by the said parent, guardian, teacher or person
having care and custody of the same.1awphi1@alf
77.
Section 2. Declarationof State Policy
and Principles.
• It shall be the policy of the State to protect and rehabilitate
children gravely threatened or endangered by circumstances
which affect or will affect their survival and normal
development and over which they have no control.
• The best interests of children shall be the paramount
consideration in all actions concerning them, whether undertaken
by public or private social welfare institutions, courts of law,
administrative authorities, and legislative bodies, consistent with
the principle of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall
be exerted to promote the welfare of children and enhance their
opportunities for a useful and happy life.
78.
Section 3. Definitionof Terms.
• (a)"Children" refers to person below eighteen
(18) years of age or those over but are unable to
fully take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental
disability or condition;
• (b) "Child abuse" refers to the maltreatment,
whether habitual or not, of the child which includes
any of the following:
(1)Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional maltreatment;
79.
Section 3. Definitionof Terms.
(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a
human being;
(3) Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his growth
and development or in his permanent incapacity or death.
80.
Section 3. Definitionof Terms.
(c) "Circumstances which gravely threaten or endanger
the survival and normal development of children"
include, but are not limited to, the following;
(1)Being in a community where there is armed conflict
or being affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety
and normal which unduly interfere with their normal
development;
(3) Living in or fending for themselves in the streets of
urban or rural areas without the care of parents or a
guardian or basic services needed for a good quality of life;
81.
Section 3. Definitionof Terms.
(4) Being a member of a indigenous cultural
community and/or living under conditions of extreme
poverty or in an area which is underdeveloped and/or
lacks or has inadequate access to basic services
needed for a good quality of life;
(5)Being a victim of a man-made or natural disaster
or calamity; or
(6) Circumstances analogous to those above stated
which endanger the life, safety or normal
development of children.
82.
Section 3. Definitionof Terms.
(d) "Comprehensive program against child abuse,
exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children
against:
• (1) Child Prostitution and other sexual abuse;
• (2) Child trafficking;
• (3) Obscene publications and indecent shows;
• (4) Other acts of abuses; and
• (5) Circumstances which threaten or endanger the survival and
normal development of children.1awphi1Ÿ
83.
ARTICLE II
Section 4.Programon Child Abuse, Exploitation
and Discrimination
There shall be a comprehensive program to be
formulated, by the Department of Justice and the
Department of Social Welfare and Development in
coordination with other government agencies and
private sector concerned, within one (1) year from the
effectivity of this Act, to protect children against child
prostitution and other sexual abuse; child trafficking,
obscene publications and indecent shows; other acts of
abuse; and circumstances which endanger child survival
and normal development.
84.
ARTICLE III
Section 5.Child Prostitution and Other Sexual
Abuse
• Children, whether male or female, who for money,
profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious conduct,
are deemed to be children exploited in prostitution
and other sexual abuse.
• The penalty of reclusion temporal in its medium(12
years and 1 day to 20 years) period to reclusion
perpetua(20 years to 40 years) shall be imposed upon
the following:
85.
ARTICLE III
Child Prostitutionand Other Sexual Abuse
(b) Those who commit the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to other
sexual abuse; Provided, That when the victims is under twelve
(12) years of age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal Code, for rape or lascivious
conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of
age shall be reclusion temporal in its medium period; and
86.
ARTICLE III
Child Prostitutionand Other Sexual Abuse
(c) Those who derive profit or advantage therefrom,
whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in
prostitution in addition to the activity for which the
license has been issued to said establishment.
87.
ARTICLE III
Child Prostitutionand Other Sexual Abuse
Section 6. Attempt To Commit Child Prostitution.
There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who,
not being a relative of a child, is found alone with the
said child inside the room or cubicle of a house, an inn,
hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
88.
ARTICLE III
Child Prostitutionand Other Sexual Abuse
Section 6. Attempt To Commit Child Prostitution.
There is also an attempt to commit child prostitution,
under paragraph (b) of Section 5 hereof when any
person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2)
degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of child
prostitution under this Act, or, in the proper case, under
the Revised Penal Code.
89.
ARTICLE IV
Child Trafficking
•Section 7. Child Trafficking. – Any person who
shall engage in trading and dealing with children
including, but not limited to, the act of buying and
selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty
shall be imposed in its maximum period when the
victim is under twelve (12) years of age.
90.
ARTICLE IV
Child Trafficking
Section8. Attempt to Commit Child Trafficking. – There is
an attempt to commit child trafficking under Section 7 of this Act:
• (a) When a child travels alone to a foreign country without valid
reason therefor and without clearance issued by the Department
of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
• (c) When a person, agency, establishment or child-caring
institution recruits women or couples to bear children for the
purpose of child trafficking; or
wphi1@alf
91.
ARTICLE IV
Child Trafficking
Section8. Attempt to Commit Child Trafficking. – There is
an attempt to commit child trafficking under Section 7 of this
Act:
• (d) When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
• (e) When a person engages in the act of finding children
among low-income families, hospitals, clinics, nurseries, day-
care centers, or other child-during institutions who can be
offered for the purpose of child trafficking.
92.
ARTICLE V
Obscene Publicationsand Indecent Shows
• Section 9. Obscene Publications and Indecent
Shows. – Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video,
or model in obscene publications or pornographic
materials or to sell or distribute the said materials shall
suffer the penalty of prision mayor in its medium period(6
years and 1 day to 12 years).
93.
ARTICLE V
Obscene Publicationsand Indecent Shows
• Section 9. Obscene Publications and Indecent
Shows. – If the child used as a performer, subject or
seller/distributor is below twelve (12) years of age, the penalty
shall be imposed in its maximum period.
• Any ascendant, guardian, or person entrusted in any capacity
with the care of a child who shall cause and/or allow such child to
be employed or to participate in an obscene play, scene, act,
movie or show or in any other acts covered by this section shall
suffer the penalty of prision mayor in its medium period.
94.
ARTICLE VI
Other Actsof Abuse
• Section 10. Other Acts of Neglect, Abuse, Cruelty
or Exploitation and Other Conditions Prejudicial
to the Child's Development. –
(a) Any person who shall commit any other acts of child
abuse, cruelty or exploitation or to be responsible for other
conditions prejudicial to the child's development including
those covered by Article 59 of Presidential Decree No. 603,
as amended, but not covered by the Revised Penal Code,
as amended, shall suffer the penalty of prision mayor in
its minimum period(6years and 1 day to 12 years).
95.
ARTICLE VI
Other Actsof Abuse
• (b) Any person who shall keep or have in his company a minor,
twelve (12) years or under or who in ten (10) years or more his
junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places shall suffer
the penalty of prision mayor in its maximum period and a
fine of not less than Fifty thousand pesos (P50,000): Provided,
That this provision shall not apply to any person who is related
within the fourth degree of consanguinity or affinity or any
bond recognized by law, local custom and tradition or acts in
the performance of a social, moral or legal duty.
96.
ARTICLE VI
Other Actsof Abuse
• (c) Any person who shall induce, deliver or offer a minor to any one prohibited by
this Act to keep or have in his company a minor as provided in the preceding
paragraph shall suffer the penalty of prision mayor in its medium period and a
fine of not less than Forty thousand pesos (P40,000); Provided, however, That
should the perpetrator be an ascendant, stepparent or guardian of the minor, the
penalty to be imposed shall be prision mayor in its maximum period, a fine of not
less than Fifty thousand pesos (P50,000), and the loss of parental authority over
the minor.
• (d) Any person, owner, manager or one entrusted with the operation of any public
or private place of accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any person to take along with
him to such place or places any minor herein described shall be imposed a penalty
of prision mayor in its medium period and a fine of not less than Fifty thousand
pesos (P50,000), and the loss of the license to operate such a place or
establishment.
97.
ARTICLE VI
Other Actsof Abuse
• (e)Any person who shall use, coerce, force or intimidate a street
child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of
prison correctional in its medium period(6 months and 1 day
to 6 years) to reclusion Perpetua(6 years and 1 day to 40 years).
98.
ARTICLE VI
Other Actsof Abuse
• For purposes of this Act, the penalty for the commission of acts punishable
under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No.
3815, as amended, the Revised Penal Code, for the crimes of murder,
homicide, other intentional mutilation, and serious physical injuries,
respectively, shall be reclusion perpetua when the victim is under
twelve (12) years of age. The penalty for the commission of acts punishable
under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption of minors,
and white slave trade, respectively, shall be one (1) degree higher than
that imposed by law when the victim is under twelve (12) years age.
• The victim of the acts committed under this section shall be entrusted to
the care of the Department of Social Welfare and Development.
99.
ARTICLE VII
Sanctions forEstablishments or Enterprises
• Section 11. Sanctions of Establishments or Enterprises which
Promote, Facilitate, or Conduct Activities Constituting Child
Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. – All
establishments and enterprises which promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse shall be
immediately closed and their authority or license to operate cancelled,
without prejudice to the owner or manager thereof being prosecuted
under this Act and/or the Revised Penal Code, as amended, or special
laws. A sign with the words "off limits" shall be conspicuously displayed
outside the establishments or enterprises by the Department of Social
Welfare and Development for such period which shall not be less than
one (1) year, as the Department may determine. The unauthorized
removal of such sign shall be punishable by prision correccional.
100.
• Section 11.Sanctions of Establishments or Enterprises which
Promote, Facilitate, or Conduct Activities Constituting Child
Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. – An
establishment shall be deemed to promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse if the
acts constituting the same occur in the premises of said
establishment under this Act or in violation of the Revised Penal
Code, as amended. An enterprise such as a sauna, travel agency,
or recruitment agency which: promotes the aforementioned acts
as part of a tour for foreign tourists; exhibits children in a lewd
or indecent show; provides child masseurs for adults of the same
or opposite sex and said services include any lascivious conduct
with the customers; or solicits children or activities constituting
the aforementioned acts shall be deemed to have committed the
acts penalized herein.
101.
• ARTICLE VIII
WorkingChildren
• Section 12. Employment of Children. – Children below fifteen
(15) years of age may be employed except:
(1) 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
endangers his life, safety and health and morals, nor
impairs his normal development: Provided, further, That
the parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary
education; or
102.
• ARTICLE VIII
WorkingChildren
• Section 12. Employment of Children. – Children below fifteen
(15) years of age may be employed except:
(2) When a child's employment or participation in public &
entertainment or information through cinema, theater,
radio or television is essential: Provided, The employment
contract concluded by the child's parent or guardian, with
the express agreement of the child concerned, if possible,
and the approval of the Department of Labor and
Employment: Provided, That the following requirements
in all instances are strictly complied with:
103.
• ARTICLE VIII
WorkingChildren
• Section 12. Employment of Children. (2) When a child's
employment or participation in public & entertainment
or information through cinema, theater, radio or
television is essential:
(a)The employer shall ensure the protection, health, safety and
morals of the child;
(b) the employer shall institute measures to prevent the child's
exploitation or discrimination taking into account the system and
level of remuneration, and the duration and arrangement of
working time; and;
(c) The employer shall formulate and implement, subject to the
approval and supervision of competent authorities, a continuing
program for training and skill acquisition of the child.
104.
• ARTICLE VIII
WorkingChildren
• Section 12. Employment of Children.
• In the above exceptional cases where any such child may
be employed, the employer shall first secure, before
engaging such child, a work permit from the Department
of Labor and Employment which shall ensure
observance of the above requirement.
• The Department of Labor Employment shall promulgate
rules and regulations necessary for the effective
implementation of this Section.
105.
ARTICLE VIII
Working Children
•Section 13. Non-formal Education for Working
Children. – The Department of Education, Culture and
Sports shall promulgate a course design under its non-
formal education program aimed at promoting the
intellectual, moral and vocational efficiency of working
children who have not undergone or finished elementary or
secondary education. Such course design shall integrate the
learning process deemed most effective under given
circumstances.
106.
ARTICLE VIII
Working Children
•Section 14. Prohibition on the Employment of
Children in Certain Advertisements. – No person
shall employ child models in all commercials or
advertisements promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts and
violence.
• Section 15. Duty of Employer. – Every employer shall
comply with the duties provided for in Articles 108 and
109 of Presidential Decree No. 603.
107.
ARTICLE VIII
Working Children
•Section 16. Penalties. – Any person who shall violate
any provision of this Article shall suffer the penalty of a
fine of not less than One thousand pesos (P1,000) but
not more than Ten thousand pesos (P10,000) or
imprisonment of not less than three (3) months but not
more than three (3) years, or both at the discretion of the
court; Provided, That, in case of repeated violations of
the provisions of this Article, the offender's license to
operate shall be revoked.
108.
• ARTICLE IX
Childrenof Indigenous Cultural
Communities
Section 17. Survival, Protection and
Development. – In addition to the rights
guaranteed to children under this Act and other
existing laws, children of indigenous cultural
communities shall be entitled to protection, survival
and development consistent with the customs and
traditions of their respective communities.
109.
ARTICLE IX
Children ofIndigenous Cultural Communities
• Section 18. System of and Access to Education. – The
Department of Education, Culture and Sports shall develop
and institute an alternative system of education for
children of indigenous cultural communities which culture-
specific and relevant to the needs of and the existing
situation in their communities. The Department of
Education, Culture and Sports shall also accredit and
support non-formal but functional indigenous educational
programs conducted by non-government organizations in
said communities.
110.
ARTICLE IX
Children ofIndigenous Cultural Communities
• Section 19. Health and Nutrition. – The delivery
of basic social services in health and nutrition to
children of indigenous cultural communities shall
be given priority by all government agencies
concerned. Hospitals and other health institution
shall ensure that children of indigenous cultural
communities are given equal attention. In the
provision of health and nutrition services to
children of indigenous cultural communities,
indigenous health practices shall be respected and
recognized.
111.
ARTICLE IX
Children ofIndigenous Cultural Communities
• Section 20. Discrimination. – Children of indigenous
cultural communities shall not be subjected to any and all
forms of discrimination.
• Any person who discriminate against children of indigenous
cultural communities shall suffer a penalty of arresto
mayor in its maximum period(1 month and 1 day to 6
months)and a fine of not less than Five thousand pesos
(P5,000) more than Ten thousand pesos (P10,000).
112.
ARTICLE IX
Children ofIndigenous Cultural Communities
• Section 21. Participation. – Indigenous cultural
communities, through their duly-designated or
appointed representatives shall be involved in
planning, decision-making implementation, and
evaluation of all government programs affecting
children of indigenous cultural communities.
Indigenous institution shall also be recognized and
respected.
113.
• ARTICLE X
Childrenin Situations of Armed Conflict
• Section 22. Children as Zones of Peace. –
Children are hereby declared as Zones of
Peace. It shall be the responsibility of the
State and all other sectors concerned to
resolve armed conflicts in order to promote the
goal of children as zones of peace. To attain
this objective, the following policies shall be
observed.
114.
• ARTICLE X
Childrenin Situations of Armed Conflict
• Section 22. Children as Zones of Peace. –
(a) Children shall not be the object of attack and
shall be entitled to special respect.
• (b) Children shall not be recruited to become
members of the Armed Forces of the Philippines of
its civilian units and other of the same kind
• (c) Delivery of basic social services such as
education, primary health and emergency relief
services shall be kept unhampered;
115.
• ARTICLE X
Childrenin Situations of Armed Conflict
• Section 22. Children as Zones of Peace. –
(d) The safety and protection of those who provide services
including those involved in fact-finding missions from both
government and non-government institutions shall be ensured.
They shall not be subjected to undue harassment in the
performance of their work;
(e) Public infrastructure such as schools, hospitals and rural
health units shall not be utilized for military purposes such as
command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion
of families temporarily separated due to armed conflict.
116.
ARTICLE X
Children inSituations of Armed Conflict
Section 23. Evacuation of Children During Armed Conflict.
Section 24. Family Life and Temporary Shelter.
Section 25. Rights of Children Arrested for Reasons Related to
Armed Conflict.
• (a) Separate detention from adults except where families are
accommodated as family units;
• (b) Immediate free legal assistance;
• (c) Immediate notice of such arrest to the parents or guardians of
the child; and
• (d) Release of the child on recognizance within twenty-four (24)
hours to the custody of the Department of Social Welfare and
Development
117.
ARTICLE XI
Remedial Procedures
•Section 27. Who May File a Complaint.
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and
Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation
occurred.
118.
ARTICLE XI
Remedial Procedures
•Section 28. Protective Custody of the Child. –
The offended party shall be immediately placed
under the protective custody of the Department of
Social Welfare and Development pursuant to
Executive Order No. 56, series of 1986. In the
regular performance of this function, the officer of
the Department of Social Welfare and Development
shall be free from any administrative, civil or
criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential
Decree No. 603.
119.
ARTICLE XI
Remedial Procedures
•Section 29. Confidentiality. – At the instance of the
offended party, his name may be withheld from the public
until the court acquires jurisdiction over the case.
• It shall be unlawful for any editor, publisher, and reporter
or columnist in case of printed materials, announcer or
producer in case of television and radio broadcasting,
producer and director of the film in case of the movie
industry, to cause undue and sensationalized publicity of
any case of violation of this Act which results in the moral
degradation and suffering of the offended
party.Lawphi1@alf
120.
• (d) Whenthe offender is a foreigner, he shall be deported
immediately after service of sentence and forever barred
from entry to the country;
RIZALDO L. ORSOS,PETITIONER, V. PEOPLE OF
THE PHILIPPINES, RESPONDENT.
[ G.R. No. 214673, November 20, 2017 ]
• petitioner Rizaldo L. Orsos (petitioner) guilty beyond reasonable
doubt for acts of lasciviousness, defined and penalized under
Article 336 of the Revised Penal Code (RPC), as amended, and
sentenced him to suffer the indeterminate penalty of
imprisonment for a period of three (3) months and one (1) day of
arresto mayor, as minimum, to two (2) years and five (5) months
of prision correccional, as maximum, and to pay the amounts of
P25,000.00 as moral damages and P25,000.00 as civil indemnity.
123.
ERNESTO JOAQUIN YARQUILLO, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
G.R. No. 244570, February 17, 2021
• "WHEREFORE, the accused Ernesto Joaquin y Arquillo is found
GUILTY beyond reasonable doubt of the crime of Violation of Section
10 (a) of R.A. No. 7610, and is hereby sentenced to suffer an
indeterminate prison term of 4 years, 9 months and 11 days of prision
correccional as minimum, to 6 years, 8 months and 1 day of prision
mayor as maximum.
• Accused is also ordered to pay AAA moral damages in the amount of
P50,000.00.00, plus interest thereon at the rate of six percent (6%)
per annum computed from the finality of this Decision until fully
paid, in accordance with prevailing jurisprudence.
124.
THE PEOPLE OFTHE PHILIPPINES, PLAINTIFF-
APPELLEE, VS. XXX,[1] ACCUSED-APPELLANT.
[ G.R. No. 243988, August 27, 2020 ]
• That on or about the month of November 2008, at around 6:00 o'clock in
the morning, more or less, in [CCC], Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, with lewd
design and by means of force and intimidation and taking advantage of
the mental disability, and of which accused has knowledge of the mental
disability of the offended party at the time of the commission of the
offense, did then and there willfully, unlawfully and feloniously have
sexual intercourse with AAA, a 29[-]year old girl, a mentally retarded
[sic] and with a mental age comparable to a 6-year old child, without her
consent and against her will, resulting in the latter's pregnancy and
giving birth to a child, and which act of the accused debases, degrades or
demeans the intrinsic worth and dignity of a child as a human which is
prejudicial to her welfare, interest and development as a human being.
125.
• Thus, XXXwas charged with Rape under Article 266-A,
paragraph l(d) of the Revised Penal Code (RPC) and sexual
abuse under Section 5(b) of Republic Act (RA) No. 7610
before the Regional Trial Court (RTC) docketed as Criminal
Case Nos. CBU-101439 and CBU-101440, respectively, viz.:
126.
R.A 9344
This Actshall be known as the "Juvenile
Justice and Welfare Act of 2006."
127.
R.A 9344
• SEC.4. Definition of Terms.
(e) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
• (1) being abused by any person through sexual, physical, psychological,
mental, economic or any other means and the parents or guardian
refuse, are unwilling, or unable to provide protection for the child;
• (2) being exploited including sexually or economically;
• (3) being abandoned or neglected, and after diligent search and
inquiry, the parent or guardian cannot be found;
128.
R.A 9344
• SEC.4. Definition of Terms.
(4) coming from a dysfunctional or broken family or without a
parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug
abuse; and
(9) living in situations of armed conflict.
129.
SEC. 4. Definitionof Terms.
e) "Child in Conflict with the Law" (p) "Recognizance"
(f) "Community-based Programs“ (q) "Restorative Justice"
(g) "Court" (r) "Status Offenses"
(h) "Deprivation of Liberty“ (s) "Youth Detention Home"
(I) "Diversion” (t) "Youth Rehabilitation Center“
(j) "Diversion Program" (u) "Victimless Crimes"
(k) "Initial Contact With-the Child“
(L) "Intervention“
(m) "Juvenile Justice and Welfare System"
(n) "Law Enforcement Officer"
(0) "Offense"
130.
CHAPTER 2
PRINCIPLES INTHE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 5. Rights of the Child in Conflict with
the Law.
131.
SEC. 5. Rightsof the Child in Conflict with
the Law.
• (a) the right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment;
• (b) the right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
• (c) the right not to be deprived, unlawfully or arbitrarily, of his/her
liberty; detention or imprisonment being a disposition of last resort,
and which shall be for the shortest appropriate period of time;
• (d) the right to be treated with humanity and respect,
• (e) the right to prompt access to legal and other appropriate
assistance,
132.
SEC. 5. Rightsof the Child in Conflict with
the Law.
• (f) the right to bail and recognizance, in appropriate cases;
• (g) the right to testify as a witness in hid/her own behalf under
the rule on examination of a child witness;
• (h) the right to have his/her privacy respected fully at all
stages of the proceedings;
• (i) the right to diversion if he/she is qualified and voluntarily
avails of the same;
• (j) the right to be imposed a judgment in proportion to the
gravity of the offense
133.
SEC. 5. Rightsof the Child in Conflict with
the Law.
• (j) the right to be imposed a judgment in proportion to the
gravity of the offense where his/her best interest, the rights of
the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative
justice;
• (k) the right to have restrictions on his/her personal liberty
limited to the minimum, and where discretion is given by law
to the judge to determine whether to impose fine or
imprisonment, the imposition of fine being preferred as the
more appropriate penalty;
134.
SEC. 5. Rightsof the Child in Conflict with
the Law.
• (I) in general, the right to automatic suspension of
sentence;
• (m) the right to probation as an alternative to
imprisonment, if qualified under the Probation Law;
• (n) the right to be free from liability for perjury,
concealment or misrepresentation; and
• (o) other rights as provided for under existing laws, rules
and regulations.
135.
• SEC. 6.Minimum Age of Criminal Responsibility. - A child
fifteen (15) years of age or under at the time of the commission of
the offense shall be exempt from criminal liability. However, the
child shall be subjected to an intervention program pursuant to
Section 20 of this Act.
• A child above fifteen (15) years but below eighteen (18) years of
age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.
• The exemption from criminal liability herein established does not
include exemption from civil liability, which shall be enforced in
accordance with existing laws.
136.
• SEC. 7.Determination of Age. - The child in conflict
with the law shall enjoy the presumption of minority.
He/She shall enjoy all the rights of a child in conflict with
the law until he/she is proven to be eighteen (18) years old
or older. The age of a child may be determined from the
child's birth certificate, baptismal certificate or any other
pertinent documents. In the absence of these documents,
age may be based on information from the child
himself/herself, testimonies of other persons, the physical
appearance of the child and other relevant evidence. In
case of doubt as to the age of the child, it shall be resolved
in his/her favor.
137.
• In allproceedings, law enforcement officers,
prosecutors, judges and other government officials
concerned shall exert all efforts at determining the
age of the child in conflict with the law.
138.
• TITLE II
STRUCTURESIN THE ADMINISTRATION OF
JUVENILE JUSTICE AND WELFARE
• SEC. 8. Juvenile Justice and Welfare Council
(JJWC). - A Juvenile Justice and Welfare Council (JJWC)
is hereby created and attached to the Department of
Justice and placed under its administrative supervision.
The JJWC shall be chaired by an undersecretary of the
Department of Social Welfare and Development. It shall
ensure the effective implementation of this Act and
coordination among the following agencies:
139.
• TITLE II
STRUCTURESIN THE ADMINISTRATION OF
JUVENILE JUSTICE AND WELFARE
• SEC. 8. Juvenile Justice and Welfare Council
(JJWC).
• (a) Council for the Welfare of Children (CWC);
• (b) Department of Education (DepEd);
• (c) Department of the Interior & Local Govt (DILG);
• (d) Public Attorney's Office (PAO);
• (e) Bureau of Corrections (BUCOR);
• (f) Parole and Probation Administration (PPA)
• (g) National Bureau of Investigation (NBI);
• (h) Philippine National Police (PNP);.
• (i) Bureau of Jail Management and Penology (BJMP);
(i)Commission on Human Rights
(CHR);
(k) Technical Education and Skills
Development Authority (TESDA);
(l) National Youth Commission (NYC);
and
(m) Other institutions focused on
juvenile justice and intervention
programs.
140.
• TITLE II
STRUCTURESIN THE ADMINISTRATION OF
JUVENILE JUSTICE AND WELFARE
• SEC. 8. Juvenile Justice and Welfare Council
(JJWC)-shall be composed of representatives, whose
ranks shall not be lower than director, to be designated by
the concerned heads of the following departments or
agencies:
• DOJ DEPED NYC
• DSWD DILG 2 representative from NGO’s
• CWC CHR
141.
• TITLE II
STRUCTURESIN THE ADMINISTRATION OF
JUVENILE JUSTICE AND WELFARE
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have
the following duties and functions:
(a)To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile
justice and welfare;
(c) To assist the concerned agencies
(d) To periodically develop a comprehensive 3 to 5-year national juvenile
intervention program
(e) To coordinate the implementation of the juvenile intervention programs
142.
• TITLE II
STRUCTURESIN THE ADMINISTRATION OF
JUVENILE JUSTICE AND WELFARE
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall
have the following duties and functions:
(f) To formulate and recommend policies and strategies
(g) To collect relevant information and conduct continuing research and
support evaluations and studies
(1) the performance and results achieved by juvenile intervention programs
(2) the periodic trends, problems and causes of juvenile delinquency and
crimes;
(3) the particular needs of children in conflict with the law in custody.
143.
TITLE III
PREVENTION OFJUVENILE DELINQUENCY
CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS
• SEC. 12. The Family. - The family shall be responsible for
the primary nurturing and rearing of children
which is critical in delinquency prevention. As far as
practicable and in accordance with the procedures of this
Act, a child in conflict with the law shall be maintained in
his/her family.
144.
TITLE III
PREVENTION OFJUVENILE DELINQUENCY
CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS
• SEC. 13. The Educational System. - Educational institutions shall
work together with families, community organizations
and agencies in the prevention of juvenile delinquency and in the
rehabilitation and reintegration of child in conflict with the law.
Schools shall provide adequate, necessary and individualized
educational schemes for children manifesting difficult behavior and
children in conflict with the law. In cases where children in conflict
with the law are taken into custody or detained in rehabilitation
centers, they should be provided the opportunity to continue learning
under an alternative learning system with basic literacy program or
non- formal education accreditation equivalency system.
145.
TITLE III
PREVENTION OFJUVENILE DELINQUENCY
CHAPTER 1
THE ROLE OF THE DIFFERENT SECTORS
• SEC. 14. The Role of the Mass Media. - The mass media shall
play an active role in the promotion of child rights, and
delinquency prevention by relaying consistent messages through
a balanced approach. Media practitioners shall, therefore, have
the duty to maintain the highest critical and professional
standards in reporting and covering cases of children in conflict
with the law. In all publicity concerning children, the best
interest of the child should be the primordial and paramount
concern. Any undue, inappropriate and sensationalized publicity
of any case involving a child in conflict with the law is hereby
declared a violation of the child's rights.
146.
An Act ofAmending Republic Act No.
7277 – IRR of RA 9442
Rehabilitation, and integration of
disabled persons in mainstream society.
147.
SECTION 1. Title:This Act shall be known and
cited as the Magna Carta for Disabled Persons.
SECTION 2. Declaration of Policy: The grant of
the rights and privileges for disabled persons shall be
guided by the following principles:
148.
• (a). Disabledpersons are part of the Philippine society,
thus the Senate shall give full support to the improvement
of the total well-being of disabled persons and their
integration into the mainstream of society.
• Toward this end, the State shall adopt policies ensuring
the rehabilitation, self-development and self-reliance of
disabled persons.
• It shall develop their skills and potentials to enable them
to compete favorably for available opportunities.
149.
• (b). Disabledpersons have the same rights as other
people to take their proper place in society. They
should be able to live freely and as independently as
possible. This must be the concern of everyone
the family, community and all government and non-
government organizations. Disabled person’s rights
must never be perceived as welfare services by the
Government.
150.
• (c). Therehabilitation of the disabled persons shall
be the concern of the Government in order to foster
their capability to attain a more meaningful,
productive and satisfying life. To reach out to a
greater number of disabled persons, the
rehabilitation services and benefits shall be
expanded beyond the traditional urban-based
centers to community based programs, that will
ensure full participation of different sectors as
supported by national and local government
agencies.
151.
• (d). TheState also recognizes the role of the private
sector in promoting the welfare of disabled persons
and shall encourage partnership in programs that
address their needs and concerns.
• (e). To facilitate integration of disabled persons into
the mainstream of society, the State shall advocate
for and encourage respect for disabled persons. The
State shall exert all efforts to remove all social,
cultural, economic, environmental and attitudinal
barriers that are prejudicial to disabled persons.
152.
• SECTION 3.Coverage: This Act shall covers all
disabled persons and, to the extend herein
provided, departments, offices and agencies of
the National Government or non-government
organization involved in the attainment of the
objectives of this Act.
153.
SECTION 4. Definitionof Terms: For purposes
of this Act, these terms are defined as follows:
(a). Disabled Persons are those suffering from
restriction of different abilities, as a result of a
mental, physical or sensory impairment, to perform
an activity in the manner or within the range
considered normal for a human being;
154.
SECTION 4. Definitionof Terms: For purposes
of this Act, these terms are defined as follows:
(b). Impairment is any loss, diminution or aberration of
psychological, physiological, or anatomical structure of
function;
(c). Disability shall mean (1) a physical or mental
impairment that substantially limits one or more
psychological, physiological or anatomical function of an
individual or activities of such individual; (2) a record of such
an impairment; or (3) being regarded as having such an
impairment;
155.
SECTION 4. Definitionof Terms: For purposes
of this Act, these terms are defined as follows:
• (d). Handicap refers to a disadvantage for a given
individual resulting from an impairment or a disability,
that limits or prevents the functions or activity, that is
considered normal given the age and sex of the individual;
• (e). Rehabilitation is an integrated approach to physical,
social, cultural, spiritual, educational and vocational
measures that create conditions for the individual to attain
the highest possible level of functional ability;
156.
SECTION 4. Definitionof Terms: For purposes
of this Act, these terms are defined as follows:
• (f). Social Barriers refer to the characteristics of
institutions, whether legal, economic, cultural, recreational
or other, any human group, community, or society which
limit the fullest possible participation of disabled persons
in the life of the group. Social barriers include negative
attitudes which tends to single out and exclude disabled
persons and which distort roles and interpersonal
relationship;
157.
SECTION 4. Definitionof Terms: For purposes
of this Act, these terms are defined as follows:
(g). Auxiliary Aids and Services include:
1) qualified interpreters or other effective methods of delivering
materials to individuals with hearing impairments;
2) qualified readers, taped tests, or other effective methods of
delivering materials to individuals with visual impairments;
3) acquisition or modification of equipment or devices; and
4) other similar services and actions or all types of aids and services
that facilitate the learning process of people with mental disability;
158.
SECTION 4. Definitionof Terms: For purposes
of this Act, these terms are defined as follows:
(h). Reasonable Accommodation include (1) improvement of
existing facilities used by employees in order to render these
readily accessible to and usable by disabled persons; and (2)
modification of work schedules, reassignment to a vacant
position, acquisition or modification of equipment or devices,
appropriate adjustments or modifications of examinations,
training materials or company policies, rules and
regulations, the provisions of auxiliary aids and services,
and other similar accommodations for disabled persons;
159.
SECTION 4. Definitionof Terms: For purposes
of this Act, these terms are defined as follows:
• (k). Marginalized Disabled Persons refer to disabled
persons who lack access to rehabilitative services
and opportunities to be able to participate fully in
socioeconomic activities and who have no means of
livelihood or whose incomes fall below poverty
threshold;
160.
SECTION 4. Definitionof Terms: For purposes
of this Act, these terms are defined as follows:
(l). Qualified Individual with a Disability shall mean an
individual with a disability who, with or without reasonable
accommodations, can perform the essential functions of the
employment position that such individual holds or desires.
However, consideration shall be given to the employer’s
judgement as to what functions of a job are essential, and if
an employer has prepared a written description before
advertising or interviewing applicants for the job, this
description shall be considered evidence of the essential
functions of the job;
161.
SECTION 4. Definitionof Terms: For purposes
of this Act, these terms are defined as follows:
(n). Public Transportation means transportation by air, land and sea
that provides the public with general or special service on a regular
and continuing basis;
(o). Covered entity means employer, employment agency, labor
organization or joint labor-management committee; and
(p). Commerce shall be taken to mean a s travel, trade, traffic,
commerce, transportation, or communication among the provinces or
between any foreign country or any territory or possession and any
province.
CHAPTER I –Employment
SECTION 5. Equal Opportunity for Employment: No
disabled persons shall be denied access to opportunities for
suitable employment. A qualified disabled employee shall be
subject to the same terms and conditions of employment and
the same compensation, privileges, benefits, fringe benefits,
incentives or allowances as a qualified able-bodied person.
Five percent (5%) of all casual, emergency and contractual
positions in the Department of Social Welfare and
Development; Health; Education, Culture and Sports; and
other government agencies, offices or corporations engaged
in social development shall be reserved for disabled persons.
164.
CHAPTER I –Employment
SECTION 6. Sheltered Employment : If suitable
employment for disabled persons cannot be found
through open employment as provided in the
immediately preceding Section, the State shall
endeavor to provide it by means of sheltered
employment. In the placement of disabled persons in
sheltered employment, it shall accord due regard to
the individual qualities, vocational goals and
inclinations to ensure a good working atmosphere and
efficient production.
165.
CHAPTER I –Employment
SECTION 7. Apprenticeship : Subject to the provision
of the Labor Code as amended, disabled persons shall
be eligible as apprentices or learners; Provided, That
their handicap is not much as to effectively impede
the performance of job operations in the particular
occupation for which they are hired; Provided, further,
That after the lapse of the period of apprenticeship if
found satisfactory in the job performance, they shall
be eligible for employment.
166.
SECTION 8. Incentivesfor Employer :
(a) To encourage the active participation of the private
sector
(b). Private entities that employ disabled persons who
meet the required skills or qualifications
(c). Private entities that improved or modify their
physical facilities in order to provide reasonable
accommodation for disabled persons
167.
SECTION 9. VocationalRehabilitation : Consistent with
the principle of equal opportunity for disabled workers and
workers in general, the State shall take appropriate
vocational rehabilitation measures that shall serve to
develop the skills and potential of disabled persons and
enable them to compete favorably for available productive
and remunerative employment opportunities in the labor
market. The State shall also take measures to ensure the
provisions of vocational rehabilitation and livelihood services
for disabled persons in the rural areas. In addition, it shall
promote cooperation and coordination between the
government and non-government organization and other
private entities engaged in vocational rehabilitation
activities.
168.
• CHAPTER 2– Education
• SECTION 12. Access to Quality Education : The State shall
ensure that disabled persons are provided with adequate access to
quality education and ample opportunities to develop their skills. It
shall take appropriate steps to make such education accessible to
all disabled persons. It shall be unlawful for any learning
institutions to deny a disabled person admission to any course it
offers by reason of handicap or disability. The State shall take into
consideration the special requirements of disabled persons in the
formulation of education policies and program. It shall encourage
learning institutions to take into account the special needs of
disabled persons with respect to the use of school facilities, class
schedules, physical education requirements and other pertinent
consideration. The State shall also promote the provision by
learning institutions, of auxiliary services that will facilitate the
learning process for disabled persons.
169.
• CHAPTER 2– Education
• SECTION 13. Assistance to Disabled Students : The
State shall provide financial assistance to economically
marginalized but deserving disabled students pursuing
post secondary or tertiary education. Such assistance may
be in the form of scholarship grants, student loan
programs, subsidies, and other incentives to qualified
disabled students in both public and private schools. At
least five percent (5%) of the allocation for the Private
Education Student Financial Assistance Program created
by virtue of R.A. 6728 shall be set aside for disabled
students pursuing vocational or technical and degree
courses.
170.
• CHAPTER 2– Education
• SECTION 14. Special Education : The State shall
establish, maintain and support a complete, adequate and
integrated system of special education for the visually
impaired, hearing impaired, mentally retarded persons and
other type of exceptional children in all regions of the country.
Towards this end, the Department of Education, Culture and
Sports shall establish special education classes in public
schools in cities, or municipalities. It shall also establish,
where viable, Braille and Record Libraries in provinces, cities
or municipalities. The National Government shall allocate
funds necessary for the effective implementation of the special
education program nationwide. Local government units may
likewise appropriate counterpart funds to supplement national
funds.
171.
• CHAPTER 2– Education
• SECTION 14. Special Education : The State shall
establish, maintain and support a complete, adequate and
integrated system of special education for the visually
impaired, hearing impaired, mentally retarded persons and
other type of exceptional children in all regions of the country.
Towards this end, the Department of Education, Culture and
Sports shall establish special education classes in public
schools in cities, or municipalities. It shall also establish,
where viable, Braille and Record Libraries in provinces, cities
or municipalities. The National Government shall allocate
funds necessary for the effective implementation of the special
education program nationwide. Local government units may
likewise appropriate counterpart funds to supplement national
funds.
172.
• CHAPTER 2– Education
• SECTION 15. Vocational or Technical and Other
Training Programs : The State provide disabled persons
with training in civics, vocational efficiency, sports and
physical fitness, and other skills. The Department of
Education, Culture and Sports shall establish in at least
one government-owned vocational and technical school in
every province a special vocational and technical training
program for disabled persons. It shall develop and
implement sports and physical fitness program specifically
designed for disabled persons taking into consideration the
nature of their handicap.
173.
• CHAPTER 2– Education
• SECTION 16. Non-Formal Education : The State
shall develop nonformal education programs
intended for the total human development of
disabled persons. It shall provide adequate
resources for non-formal education programs and
projects that cater to the special needs of disabled
persons.
174.
• CHAPTER 2– Education
• SECTION 17. State Universities and Colleges : If
viable and needed, the State Universities or State Colleges
in each region or province shall be responsible for (a) the
development of material appliances and technical aids for
disabled persons; (b) the development of training materials
for vocational rehabilitation and special education
instructions; and (c) the research on special problems,
particularly of the visually-impaired, hearing-impaired,
and orthopedically-impaired students, mentally retarded,
and multi-handicapped and other, and the elimination of
social barriers and discrimination against disabled
persons; and (d) inclusion of the Special Education for
Disabled (SPED) course in the curriculum.
175.
• CHAPTER 2– Education
• SECTION 17. State Universities and Colleges : The
National Government shall provide these state
universities and colleges with the necessary special
facilities for visually-impaired, hearing impaired,
speech impaired, and orthopedically-impaired
students. It shall likewise allocate the necessary
funds in support of the above.
176.
CHAPTER 3 –Health
SECTION 18. National Health Program
SECTION 19. Rehabilitation Centers
SECTION 20. Health Services
177.
CHAPTER 4 AuxiliarySocial Services
SECTION 21. Auxiliary Social Services
CHAPTER 5 – Telecommunications
SECTION 22. Broadcast Media
SECTION 23. Telephone Services
SECTION 24. Free Postal Charges for the Disabled
178.
CHAPTER 6 –Accessibility
SECTION 25. Barrier-Free Environment
SECTION 26. Mobility
SECTION 27. Access to Public Transport Facilities
179.
CHAPTER 7 Politicaland Civil Rights
SECTION 29. System of Voting
SECTION 30. Right to Assemble
SECTION 31. Right to Organize
180.
TITLE THREE
PROHIBITION ONDISCRIMINATION AGAINST
DISABLED PERSONS
CHAPTER 1 Discrimination on Employment
SECTION 32. Discrimination on Employment : No
entity, whether public or private, shall discriminate against
a qualified disabled person by reason of disability in regard
to job application procedures, the hiring, promotion, or
discharge of employees, employee compensation, job
training, and other terms, conditions, and privileges of
employment.
181.
TITLE THREE
PROHIBITION ONDISCRIMINATION AGAINST
DISABLED PERSONS
CHAPTER 1 Discrimination on Employment
SECTION 33. Employment Entrance Examination :
Upon an offer of employment, a disabled applicant
may be subjected to medical examination
182.
TITLE THREE
PROHIBITION ONDISCRIMINATION AGAINST
DISABLED PERSONS
• CHPTER 2 Discrimination on Transportation
• SECTION 34. Public Transportation : It shall be
considered discrimination for the franchises or operators
and personnel of sea, land, and air transportation facilities
to charge higher fare or to refuse to convey a passenger,
his orthopedic devices, personal effects, and merchandise
by reason of his disability.
183.
TITLE THREE
PROHIBITION ONDISCRIMINATION AGAINST
DISABLED PERSONS
CHAPTER 3 Discrimination on the Use of Public
Accommodations and Services
SECTION 36. Discrimination on the Use of Public Accommodations
SECTION 37. Use of Government Recreational or Sports Centers
• Free of Charge : Recreational or sports centers owned or
operated by the Government shall be used, free of charge, by
marginalized disabled persons during their social, sports or
recreation activities.
184.
SECTION 46. PenalClause :
Any person who violates any provision of this Act shall suffer the
following penalties:
1). for the first violation, a fine of not less than Fifty thousand pesos
(P 50,000.00) but not exceeding One hundred thousand pesos(P
100,000.00) or imprisonment of not less than six (6) months but not
more than two (2) years, or both at the discretion of the court; and
2). for any subsequent violation, a fine of not less than One hundred
thousand pesos (P 100,000.00) but not exceeding Two hundred
thousand pesos (P 200,000.00) or imprisonment for less than two (2)
years but not more than six (6) years, or both at the discretion of the
court.
185.
SECTION 46. PenalClause :
(b). Any person who abuses the privileges granted herein shall be
punished with imprisonment of not less than six (6) months or a fine
of not less than Five thousand pesos (P 5,000.00) but not more than
Fifty thousand pesos (P 50,000.00), or both, at the discretion of the
court.
(c). If the violator is a corporation, organization or any similar entity,
the officials thereof directly involved shall be liable therefor.
(d). If the violator is an alien or a foreigner, he shall be deported
immediately after service of sentence without further deportation
proceedings.
186.
IRR OF REPUBLICACT NO. 9442
An Act Amending Republic Act No. 7277,
Otherwise known as the Magna Carta for
Persons with Disability as Amended, and
For Other Purposes’ Granting Additional
Privileges and Incentives and
Prohibitions on Verbal, Non-Verbal
Ridicule and Vilification Against Persons
with Disability
187.
SECTION 1. Anew chapter, to be denominated as
"Chapter 8. Other Privileges and Incentives" is
hereby added to Title Two of Republic Act No.
7277, otherwise known as the "Magna Carta for
Disabled Persons", with new Sections 32 and 33, to
read as follows:
188.
"CHAPTER 8. OtherPrivileges and Incentives
"SEC. 32. Persons with disability shall be entitled
to the following:
At least 20% discount on:
• Hotels, lodging, restaurants & recreation centers
• theaters, cinema, concert halls, circuses, carnivals etc.
• medicines, medical, laboratories and dental services
• Transportations
189.
"CHAPTER 8. OtherPrivileges and Incentives
"SEC. 32. Persons with disability shall be entitled
to the following:
• Educational assistance
• The continuance of the same benefits and privileges
• Grant special discounts in special programs
• Express lanes
190.
CHAPTER 8. OtherPrivileges and Incentives
"SEC. 32. Persons with disability shall be entitled to the
following:
• The abovementioned privileges are available only to
persons with disability who are Filipino citizens upon
submission of any of the following as proof of his/her
entitlement thereto:
• An identification card issued by the city or
municipal
• The passport of the persons with disability
• Transportation discount fare Identification Card
(ID)
191.
"CHAPTER 8. OtherPrivileges and Incentives
"SEC. 33. Incentives. - Those caring for and living with a person
with disability shall be granted the following incentives;
• persons with disability shall be treated as dependents
• Individuals or nongovernmental institutions establishing
homes, residential communities or retirement villages solely to
suit the needs and requirements of persons with disability
shall be accorded the following:
• Realty tax holiday for the first five years of operation; and
• Priority in the building and/or maintenance of provincial or
municipal roads leading to the aforesaid home residential
community or retirement village."
192.
SEC. 2. RepublicAct No. 7277 is hereby
amended by inserting a new title, chapter
and section after Section 38 to be
denominated as Title 4, chapters 1 and 2
and Sections 39, 40, 41 and 42 to read as
follows:
193.
"Title Four
Prohibitions onVerbal, Non-verbal Ridicule
and Vilification Against Persons with
Disability
"SEC. 39. Public Ridicule . - For purposes of
this Chapter, public ridicule shall be defined as
an act of making fun or contemptuous initiating
or making mockery of persons with disability
whether in writing or in words, or in action due
to their impairment.
194.
"Title Four
Prohibitions onVerbal, Non-verbal Ridicule
and Vilification Against Persons with
Disability
"SEC. 40. No individual, group or
community shall execute any of these acts of
ridicule against persons with disability in any
time and place which could intimidate or result
in loss of self-esteem of the latter.
195.
"Title Four
Prohibitions onVerbal, Non-verbal Ridicule and
Vilification Against Persons with Disability
"CHAPTER 2. Deliverance from Vilification
"SEC. 41. Vilification. - For purposes of this chapter,
vilification shall be defined as:
(a) the utterance of slanderous and abusive statements
against a person with disability; and/or
(b) An activity in public which incites hatred towards
serious contempt for, or severe ridicule of persons with
disability."
196.
SEC. 3. Section46 of Republic Act No. 7277 is hereby
amended to read as follows:
"SEC. 46. Penal Clause. -Any person who violates any provision
of this Act shall suffer the following penalties:
(1)For the first violation, a fine of not less than Fifty thousand
pesos (P50,000.00) but not exceeding One hundred thousand
pesos (P100,000.00) or imprisonment of not less than six months
but not more than two years, or both at the discretion of the
court; and
(2) For any subsequent violation, a fine of not less than One
hundred thousand pesos (P100,000.00) but not exceeding Two
hundred thousand pesos (P200,000.00) or imprisonment for not
less than two years but not more than six years, or both at the
discretion of the court.
197.
(b) Any personwho abuses the privileges granted herein shall be
punished with imprisonment of not less than six months or a fine of
not less than Five thousand pesos (P5,000.00) , but not more than
Fifty thousand pesos (P50,000.00) , or both, at the discretion of the
court.
(c) If the violator is a corporation organization or any similar entity, the
officials thereof directly involved shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported
immediately after service of sentence without further deportation
proceedings.
Upon filing of an appropriate complaint, and after notice and hearing the
proper authorities may also cause the cancellation or revocation of the
business permit, permit to operate, franchise and other similar
privileges granted to any business entity that fails to abide by the
provisions of this Act."
198.
REPUBLIC ACT No.10665
This Act shall be known as the "Open High School
System Act".
199.
Section 2.
Declaration ofPolicy
• – It is hereby declared the policy of the State to broaden access to
relevant quality education through the employment of an
alternative secondary education program that will enable the youth
to overcome personal, geographical, socioeconomic and physical
constraints, to encourage them to complete secondary education.
This is in line with the constitutional policy that mandates the
State to "encourage non-formal, informal, and indigenous
learning systems, as well as self-learning, independent,
and out-of-school study programs particularly those that
respond to community needs", as stated in Article XIV, Section
2, paragraph 4 of the 1987 Constitution.
200.
Your best quotethat reflects your approach…
“It’s one small step for man, one giant leap
for mankind.”
- NEIL ARMSTRONG