Question & AnswerQ&A (Republic Act No. 10821)
The short title of Republic Act No. 10821 is the 'Children's Emergency Relief and Protection Act.'
The State declares that it is the policy to protect the fundamental rights of children before, during, and after disasters and other emergency situations when their survival and normal development are threatened.
A 'Child' refers to a person below eighteen (18) years of age, or those above but unable to fully care for or protect themselves due to physical or mental disabilities, as defined in RA No. 7610.
'Child-Friendly Spaces' are areas where communities create nurturing environments for children to engage in play, recreation, learning, and receive health, nutrition, and psychosocial support to restore normal functioning.
The Department of Social Welfare and Development (DSWD) is tasked to formulate the Comprehensive Emergency Program for Children.
The National Housing Authority (NHA), in coordination with relevant agencies, shall establish transitional shelters prioritizing vulnerable groups like orphaned, separated, and unaccompanied children, ensuring gender-specific facilities, mother-child friendly spaces, and provisions for maternal and newborn care.
The Philippine National Police (PNP), Armed Forces of the Philippines (AFP), DSWD, DILG, LGUs, Department of Education (DepED), Commission on Higher Education (CHED), and Civil Society Organizations (CSOs) coordinate to ensure children's safety and protect them from abuse and exploitation during disasters.
Schools and child development centers may be used as evacuation centers only if no other place is available. When used, gymnasiums or open spaces are prioritized before classrooms, which shall be used only as a last resort and for as brief a period as possible. If use exceeds 15 days, written documentation must be submitted to DepED and DILG.
Such children shall be placed in licensed residential care facilities, foster families, or community-based centers with the assistance of registered social workers who will provide case management and intervention following established guidelines for family tracing and reunification.
The PSA is responsible for developing a system for restoring and reconstructing lost or destroyed civil registry documents during disasters, including registration of children born during calamities, to ensure continued access to social services and facilitate family reunification.
The National Disaster Risk Reduction and Management Council (NDRRMC) shall conduct child-responsive training programs for all responders, including proper safeguarding measures for children and psychosocial interventions suitable for children at different stages of development.
Initial funding comes from current appropriations of agencies like DSWD, OCD, DepED, DOH, DND, and PSA; subsequent funding should be included in the General Appropriations Act, while local government units shall use their Local Disaster Risk Reduction and Management Fund (LDRRMF).
LGUs are required to integrate the Comprehensive Emergency Program for Children into their development and Local Disaster Risk Reduction and Management plans and budgets.
They must adopt a child protection policy that includes measures to prevent and respond effectively to violence, abuse, and exploitation of children, including prioritizing functionality of barangay Violence Against Women and Children (VAWC) desks during emergencies.
Mandated agencies shall jointly monitor and report annually to Congress, including specific data on pregnant women and children under five to address post-disaster nutrition needs. Data collection must disaggregate by age, gender, ethnicity, and special needs.
The Act took effect fifteen (15) days after its publication in the Official Gazette or a newspaper of general circulation following its approval on May 18, 2016.