Seventeenth Congress

First Regular Session

HOUSE BILL NO. _______

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Introduced by ​REPRESENTATIVE STEPHANIE BIANCA CHUANG

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AN ACT
FOR SAFE FILIPINO FAMILIES STRATEGIC PLANNING

“THE PROTECTION OF CHILDREN FROM ABUSIVE FAMILIES THROUGH

EDUCATION ACT OF 2019”

SECTION 1. Short Title - ​This act shall be known as “The Protection of Children From
Abusive Families Through Education Act of 2019”

SECTION 2. Declaration of Policy - ​It is hereby declared by the policy of the state to provide
education for the families who have a history of abusing children. The state believes that
education can help protect children. Moreover, to give adequate and integrated system of
education relevant to the goals, and development. Towards the end, the government shall ensure
to maximize this educational training program for the parents and guardians of the victims of
abuse. These goals center on:

1) To be able to achieve a better and safer environment for the victims of abuse
2) To be able to educate the parents and guardians of the victim about proper child care
3) To strengthen the relationship of parents or guardians with their children
The state shall intervene on behalf of the child when acts such as abuse, exploitation, and
discrimination is committed by a parent and/or guardian.

The state shall also promote that proper education is the best way to improve the country’s rates
in child abuse.
It shall be the policy of the state to educate the parents or guardians about proper child care in
order to protect the children against further abuse, exploitation, and discrimination.

SECTION 3. Definition of Terms

Children

Refers to person below age eighteen ( 18 ) years of age or those over but are unable to fully take
care of themselves from abuse, neglect, cruelty, exploitation, or discrimination because of
physical and mental disability or condition.

“Child Abuse”

Refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:

1) Psychological and physical abuse, neglect, cruelty, sexual abuse, and emotional
maltreatment;
2) Any act 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.

Child Exploitation

Refers to the use of children for someone else’s advantage, gratification, or profit often resulting
in an unjust, cruel, and harmful treatment of the child. These activities disrupt the child’s normal
physical or mental health, education, moral, or social development. It covers situations of
manipulation, misuse, abuse, victimization, oppression or ill treatment.

Child Pornography

Refers to any representation, whether audio, or visual, or written communication thereof, by

electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or
involved in real or simulated explicated sexual activities.

Child Protection Policy

Is an articulation of the commitment of the organization or agency on the promotion and

fulfillment of the right of the child to protection as enshrined in the United Nations Convention
on the Rights of the Child. It aims to safeguard the child from all forms of abuse, violence, and
exploitation that may be perpetuated by adults or persons in authority. It expresses the agency’s
shared values, principles, and beliefs.
Parents or Guardians

The head of the foster home which fosters the child

Dysfunctional Family

Refers to a family in conflict, misbehavior, and often neglect or child abuse on the part of
individual parents occur continuously and regularly, leading other members to accomodate such
actions. This includes but not limited to
a) Lack of empathy and understanding towards the child
b) Abusive behavior towards family members
c) Disrespect of boundaries
d) Unfair or unequal treatment to family members

“Education for the parents or guardians who commit child abuse”

Refers to the coordinated program of education to protect the child against:

1) Child prostitution and other sexual abuse
2) Child trafficking
3) Obscene publications and indecent shows
4) Other acts and abuses; and
5) Circumstances which threaten or endanger the survival and normal development of
children.

Section 4. Articulation of the Program

The educational program shall be held by the Department of Social Justice and Welfare:
Operations and Programs Group ( OPG ) - Promotive Services Bureau. Within six ( 6 ) months
of this Act, to protect children against child abuse.

Section 5. Acts that constitutes as child abuse

a) Child trafficking
b) Child prostitution
c) Child Pornography
d) Sexual harassment of child
e) Stalking the child
f) Attempting to cause unprofessional relationships with the child
g) Forcing the child into causing violent acts
h) Threatening to cause physical harm to the child
i) Attempting to cause physical harm to the child
j) Causing physical harm to the child
k) Failing to help the child when the child is in need
l) Disrupting the mental growth of a child
m) Forcing the child to do acts that they do not have the consent to
 n) Manipulating the mind of a child
o) Purposely depriving the child of basic needs
p) Purposely depriving the child from education
q) Purposely depriving the child from exercising his rights
r) Causing mental problems to the child
s) Any person, who shall force, coerce, or intimidate a child to;
1) Beg, or use begging as means of living
2) Act as middlemen in drug trafficking or pushing; or
3) Conducting any illegal activities

Section 6 - Penalties

Failure for the parent or guardian to attend the educational program within 1 month after the
given sanction will be given penalties.

For acts that fall under section 5 (a-f), the parent or guardian will be subject to the educational
program that will require not less than 2 years of weekly attendance. the parent or guardian, of
whom failed to attend the educational training program shall be given notice of failure of
attendance for a week, if the parent or guardian still fails to attend, the act shall be punishable by
imprisonment, with no bail.

For acts that fall under section 5 (g-i), The parent or guardian will be subject to the educational
program that will require not less than 2 years of weekly attendance. the parent or guardian, of
whom failed to attend the educational training program shall be given notice of failure of
attendance for a week, if the parent or guardian still fails to attend, the act shall be punishable by
imprisonment, with bail sufferable by the prision mayor.

The parent or guardian shall pay a fine of not less than fifty thousand (50,000).

For acts that fall under section 5 (j-r), The parent or guardian will be subject to the educational
program that will require not less that 2 years of weekly attendance. the parent or guardian of
whom failed to attend the educational training program shall be given notice of failure of
attendance for a week, if the parent or guardian still fails to attend, the act shall be punishable by
the prision mayor in its minimal period.

For acts that fall under section 5 ( s ), the parent or guardian will be subject to the educational
program that will require not less than 2 years of weekly attendance. The parent of guardian fails
to attend the educational program, shall immediately suffer the penalty of prison correccional in
its medium period to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts punishable under Article 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 however, be reclusion perpetua when the victim is under twelve (12)
years of age.
.

Section 7 - Venue

The Municipal Trial Court shall have the original jurisdiction over the case. However, in the
absence of the Municipal Trial Court, the case will be handed over to the Regional Trial Court,
where the Regional Trial Court shall have the original jurisdiction. Moreover, the case shall be
filed where the act occurred.

Section 8 - Venue for the Educational Training Program

Together with the Department of Social Welfare and Development, each municipality shall
house educational training grounds for the abusers. The educational training grounds shall not be
within a five ( 5 ) kilometer radius from public and private educational institutions.

Section 9 - Mandatory Education for the Parent or Guardian

The state believes that education is the key to a better future for the citizens of the Republic of
the Philippines. The parent or guardian of the victim shall undergo extensive education that shall
help the parent or guardian reflect on the said acts. Each week shall have a different lessons and
activities that will help the parent or guardian improve.

The educational training program shall also provide counseling services for dysfunctional
families and parents with history of aggressive and violent behaviors.

Section 10 - The Objectives of the Educational Training Program

The Educational Training Program aims to provide the following to the parent or guardian:
a) Give awareness to the parent and guardians the effects of child abuse
b) To be able to understand the parent and guardian in order to effectively educate
c) Provide a safer environment for the victims
d) Give second chances to the parent or guardian
e) Lead the parents and guardians for a better future

Section 11 - Rights of the Parent or Guardian

In addition to their rights under existing laws, parents and guardians shall have the following
rights:
a) To be treated with dignity and respect
b) To be entitled of all legal remedies and support as provided under the Family Code; and
c) To be informed of their rights and services available to them
Section 12 - Who can File an Application as an Educator

The qualifications to file as an educator for the educational training program:

a) Must have a clean record as shown in the records of the National Bureau of investigation
b) Must have good family planning background
c) Must be able to accomodate large quantities of students
d) Must have an undergraduate degree

Section 13 - Protection of the Child

The victim of the Acts, shall be entrusted to the Department of Social Welfare and Development
wherein they will be placed under proper care. Under pursuant to Executive Order No. 56, series
of 1986. The officer in charge of the victim shall be free from any liability. Custody proceedings
shall be in accordance to with the provisions of Presidential Decree No. 603.

The Department of Social Welfare and Development implements “ Protective Services for
Children in Need of Special Protection ”. Under this program, the prevention and rehabilitation
for the victims of abuse, neglect, and exploitation which include therapy services for the abused
children to overcome the trauma caused by abuse, alternative family care such as legal
guardianship, adoption, foster care or residential care.

Section 14 - Where to Apply for Protection of the Child

The complainant may file for the protection of the child against the abuser in the Department of
Social Welfare and Development.

Section 15 - Who may File for Complaint

a) The affected party

b) Third party
c) Ascendants or collateral relatives within the fourth civil degree of consanguinity or
affinity
d) Lawyer
e) Counselor of the affected party
f) Barangay chairman
g) Officer or worker at the Department of Social Welfare and Development
h) At least three (3) concerned citizens

Section 16 - Damages

The parent or guardian, however, is liable to the damages he has caused to the child

Section 17 - Confidentiality
All records regarding the abuser shall be confidential to the Department of Social Welfare and
Development. Moreover, the venue of the educational program has the right to keep the
educational records of the parent or guardian in confidentiality. This is not limited to:
a) Progress reports
b) Criminal records
c) Personal records

Section 18 - Rules and Regulations

Unless otherwise provided in this Act, the Department of Justice, in coordination with the
Department of Social Welfare and Development, shall promulgate rules and regulations of the
effective implementation of this Act.

Such rules and regulations shall take effect upon their publication in two (2) newspapers of
general circulation

Section 19 - Appropriations

The amount necessary to carry out the provisions of this Act is hereby authorized to be
appropriated in the General Appropriation Act of the year following in enactment into law and
thereafter.

Section 20 - Separability Clause

If any provision in this Act is declared invalid or unconstitutional, the remaining provisions not
affected thereby shall continue in full force and effect.

Section 21 - Repealing Clause

All laws, decrees, or rules inconsistent with the provisions of this Act are hereby repealed or
modified accordingly

Section 22 - Effectivity Clause

This Act shall take effect upon completion of its publication in at least two (2) national
newspapers of general circulation