Unit 2: Basis and
Policies of Special and
Inclusive education
- Historical/Sociological Bases
- Legal Bases
HISTORICAL/SOCIOLOGICAL BASES
•CONVENTION ON THE RIGHTS OF THE
CHILD
•UNESCO
•EFA
•K TO 12 INCLUSION POLICY
CONVENTION ON
THE RIGHTS OF THE
CHILD
What is the
Convention on 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.
Did you know?
•Leaders came 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.
Convention on the Rights 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.
The 3 P's of Convention on the
Rights of the Child
1. Provision
2. Protection
3. Participation
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
What has the convention 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.
UNESCO
UNITED NATIONS EDUCATIONAL, SCIENTIFIC
AND CULTURAL ORGANIZATION
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.
UNESCO promotes inclusive
education system 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.
EFA
EDUCATION FOR ALL
What is Education for 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.
• Education for All 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.
What is EFA in 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
UNESCO'S SIX GOALS FOR
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.
K to 12 Inclusion
Policy
WHAT IS K TO 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.
K to 12 Inclusion 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
Here are the Key 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
c. Culture-Sensitive- Respectful of 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
4. Global Citizenship Integration
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.
IN ADDITION
• The K 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
Legal Bases for Special
and Inclusive
Education
- The 1987 Philippine 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
The 1987 Philippine
Constitution
Article XIV, Section 1 and 2
ARTICLE XIV
EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS, CULTURE AND
SPORTS
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.
Section 2. The State 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.
Republic Act 10533 :
Enhanced Basic
Education Act
including ALS and Learners with Special Needs
What is RA 10533?
• 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.
Why did the Philippines 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
SEC. 2. Declaration of 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.
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.
SEC. 3. Basic Education.
• 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.
SEC. 4. Enhanced Basic 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.
SEC. 5. Curriculum Development.
• 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).
Standards and Principles in 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)
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.
Republic Act 8371:
Indigenous People’s
Right Act
Who are these
Indigenous
People/Indigenous
Cultural
Communities?
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,
History and Legal Bases 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
What is RA 8371?
• 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
What are the Rights 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
Right to Ancestral Domains 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)
Right to Ancestral Domains 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.
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)
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
Right to Social Justice 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)
Right to Social Justice 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)
Right to Cultural Integrity
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
Right to Cultural Integrity
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.
National Commission on Indigenous 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.
5 Major Programs of 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.
National Commission on Indigenous 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.
How does IPRA Law aid in
establishing special and
inclusive education in the
Philippines?
​
- The Indigenous Peoples 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.
Presidential Decree
No. 603
THE CHILD AND YOUTH WELFARE CODE
What is PD 603?
• ​
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.
TITLE I
GENERAL PRINCIPLES
Article 1, 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.
Title and Scope of 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.
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.
• (5) Every child 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.
• (10) Every child 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.
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.
TITLE III.
CHILD AND YOUTH 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.
TITLE III.
CHILD AND YOUTH 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.
TITLE III.
CHILD AND YOUTH 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.
Mentally Retarded, Physically Handicapped,
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)
• 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.
• 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.
R.A 7610
AN ACT PROVIDING FOR
STRONGER DETERRENCE AND
SPECIAL PROTECTION AGAINST
CHILD ABUSE, EXPLOITATION
AND DISCRIMINATION, AND FOR
OTHER PURPOSES
Section 1. Title. – This Act
shall be known as the "Special
Protection of Children
Against Abuse, Exploitation
and Discrimination Act."
Section 2. Declaration of 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
Section 2. Declaration of 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.
Section 3. Definition of 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;
Section 3. Definition of 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.
Section 3. Definition of 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;
Section 3. Definition of 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.
Section 3. Definition of 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
ARTICLE II
Section 4.Program on 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.
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:
ARTICLE III
Child Prostitution and 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
ARTICLE III
Child Prostitution and 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.
ARTICLE III
Child Prostitution and 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.
ARTICLE III
Child Prostitution and 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.
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.
ARTICLE IV
Child Trafficking
Section 8. 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
ARTICLE IV
Child Trafficking
Section 8. 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.
ARTICLE V
Obscene Publications and 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).
ARTICLE V
Obscene Publications and 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.
ARTICLE VI
Other Acts of 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).
ARTICLE VI
Other Acts of 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.
ARTICLE VI
Other Acts of 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.
ARTICLE VI
Other Acts of 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).
ARTICLE VI
Other Acts of 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.
ARTICLE VII
Sanctions for Establishments 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.
• 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.
• ARTICLE VIII
Working Children
• 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
• ARTICLE VIII
Working Children
• 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:
• ARTICLE VIII
Working Children
• 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.
• ARTICLE VIII
Working Children
• 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.
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.
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.
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.
• ARTICLE IX
Children of 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.
ARTICLE IX
Children of Indigenous 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.
ARTICLE IX
Children of Indigenous 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.
ARTICLE IX
Children of Indigenous 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).
ARTICLE IX
Children of Indigenous 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.
• ARTICLE X
Children in 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.
• ARTICLE X
Children in 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;
• ARTICLE X
Children in 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.
ARTICLE X
Children in Situations 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
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.
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.
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
• (d) When the offender is a foreigner, he shall be deported
immediately after service of sentence and forever barred
from entry to the country;
MARIA CONSUELO MALCAMPO-REPOLLO,
PETITIONER, VS. PEOPLE OF THE PHILIPPINES,
RESPONDENT.
[ G.R. No. 246017, November 25, 2020 ]
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.
ERNESTO JOAQUIN Y ARQUILLO, 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.
THE PEOPLE OF THE 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.
• Thus, XXX was 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.:
R.A 9344
This Act shall be known as the "Juvenile
Justice and Welfare Act of 2006."
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;
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.
SEC. 4. Definition of 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"
CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
SEC. 5. Rights of the Child in Conflict with
the Law.
SEC. 5. Rights of 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,
SEC. 5. Rights of 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
SEC. 5. Rights of 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;
SEC. 5. Rights of 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.
• 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.
• 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.
• In all proceedings, 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.
• TITLE II
STRUCTURES IN 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:
• TITLE II
STRUCTURES IN 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.
• TITLE II
STRUCTURES IN 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
• TITLE II
STRUCTURES IN 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
• TITLE II
STRUCTURES IN 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.
TITLE III
PREVENTION OF JUVENILE 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.
TITLE III
PREVENTION OF JUVENILE 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.
TITLE III
PREVENTION OF JUVENILE 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.
An Act of Amending Republic Act No.
7277 – IRR of RA 9442
Rehabilitation, and integration of
disabled persons in mainstream society.
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:
• (a). Disabled persons 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.
• (b). Disabled persons 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.
• (c). The rehabilitation 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.
• (d). The State 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.
• 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.
SECTION 4. Definition of 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;
SECTION 4. Definition of 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;
SECTION 4. Definition of 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;
SECTION 4. Definition of 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;
SECTION 4. Definition of 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;
SECTION 4. Definition of 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;
SECTION 4. Definition of 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;
SECTION 4. Definition of 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;
SECTION 4. Definition of 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.
TITLE TWO
RIGHTS AND PRIVILEGES OF DISABLED
PERSONS
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.
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.
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.
SECTION 8. Incentives for 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
SECTION 9. Vocational Rehabilitation : 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
CHAPTER 3 – Health
SECTION 18. National Health Program
SECTION 19. Rehabilitation Centers
SECTION 20. Health Services
CHAPTER 4 Auxiliary Social 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
CHAPTER 6 – Accessibility
SECTION 25. Barrier-Free Environment
SECTION 26. Mobility
SECTION 27. Access to Public Transport Facilities
CHAPTER 7 Political and Civil Rights
SECTION 29. System of Voting
SECTION 30. Right to Assemble
SECTION 31. Right to Organize
TITLE THREE
PROHIBITION ON DISCRIMINATION 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.
TITLE THREE
PROHIBITION ON DISCRIMINATION 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
TITLE THREE
PROHIBITION ON DISCRIMINATION 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.
TITLE THREE
PROHIBITION ON DISCRIMINATION 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.
SECTION 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
(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.
SECTION 46. Penal Clause :
(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.
IRR OF REPUBLIC ACT 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
SECTION 1. A new 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:
"CHAPTER 8. Other Privileges 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
"CHAPTER 8. Other Privileges 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
CHAPTER 8. Other Privileges 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)
"CHAPTER 8. Other Privileges 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."
SEC. 2. Republic Act 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:
"Title Four
Prohibitions on Verbal, 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.
"Title Four
Prohibitions on Verbal, 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.
"Title Four
Prohibitions on Verbal, 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."
SEC. 3. Section 46 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.
(b) Any person who 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."
REPUBLIC ACT No. 10665
This Act shall be known as the "Open High School
System Act".
Section 2.
Declaration of Policy
• – 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.
Your best quote that reflects your approach…
“It’s one small step for man, one giant leap
for mankind.”
- NEIL ARMSTRONG

GROUP4-SPECIAL-AND-INCLUSIVE-EDUCATION.pptx

  • 1.
    Unit 2: Basisand Policies of Special and Inclusive education - Historical/Sociological Bases - Legal Bases
  • 2.
    HISTORICAL/SOCIOLOGICAL BASES •CONVENTION ONTHE RIGHTS OF THE CHILD •UNESCO •EFA •K TO 12 INCLUSION POLICY
  • 3.
  • 4.
    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.
  • 10.
    UNESCO UNITED NATIONS EDUCATIONAL,SCIENTIFIC AND CULTURAL ORGANIZATION
  • 11.
    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.
  • 13.
  • 14.
    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.
  • 18.
    K to 12Inclusion Policy
  • 19.
    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
  • 25.
    Legal Bases forSpecial and Inclusive Education
  • 26.
    - 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
  • 27.
  • 28.
    ARTICLE XIV EDUCATION, SCIENCEAND TECHNOLOGY, ARTS, CULTURE AND SPORTS
  • 29.
    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.
  • 41.
    Republic Act 8371: IndigenousPeople’s Right Act
  • 42.
  • 43.
    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.
  • 60.
    Presidential Decree No. 603 THECHILD AND YOUTH WELFARE CODE
  • 61.
    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;
  • 121.
    MARIA CONSUELO MALCAMPO-REPOLLO, PETITIONER,VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [ G.R. No. 246017, November 25, 2020 ]
  • 122.
    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.
  • 162.
    TITLE TWO RIGHTS ANDPRIVILEGES OF DISABLED PERSONS
  • 163.
    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