Emergency child protection law

Policy and Core Intent

Section 2 declares State policy to protect the fundamental rights of children before, during, and after disasters and other emergency situations when children are gravely threatened or endangered by circumstances affecting their survival and normal development.
Section 2 requires a comprehensive and strategic program of action guided by: survival and development, child participation, the United Nations Convention on the Rights of the Child, Children’s Charter for Disaster Risk and Reduction, and minimum standards for children in humanitarian action.
Section 2 mandates utmost support and assistance to children and pregnant and lactating mothers for immediate recovery and protection against violence, cruelty, discrimination, neglect, abuse, exploitation, and other acts prejudicial to their interest, survival, development, and well-being.

Key Definitions for Implementation

Section 3(a) defines “Child” as a person below eighteen (18) years of age, or those over who cannot fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition as defined in Republic Act No. 7610.
Section 3(b) defines “Child with Special Needs” as a child with a developmental or physical disability as defined in Republic Act No. 10165 (the Foster Care Act of 2012).
Section 3(c) defines “Child-Friendly Spaces” as spaces creating nurturing environments for children’s free and structured play, recreation, leisure, and learning; these spaces may provide health, nutrition, psychosocial support, and other services restoring normal functioning.
Section 3(d) defines “Civil Registry Documents” as certificates, application forms, and certified true copies of legal instruments and court decrees concerning acts and events affecting civil status recorded in the Civil Registry.
Section 3(e) defines “Civil Society Organizations (CSOs)” by reference to Republic Act No. 10121, covering non-state actors that do not generate profits or seek governing power (including NGOs, professional associations, foundations, independent research institutes, CBOs, faith-based organizations, people’s organizations, social movements, and labor unions) organized on ethical, cultural, scientific, religious, or philanthropic considerations.
Section 3(f) defines “Disasters” by reference to Republic Act No. 10121 as serious disruptions involving widespread losses and impacts exceeding the affected community’s ability to cope, typically involving exposure to a hazard, vulnerability conditions, and insufficient capacity or measures.
Section 3(g) defines “Emergency” as unforeseen or sudden occurrence demanding immediate action as defined in Republic Act No. 10121.
Section 3(h) defines “Family Tracing and Reunification” as reuniting separated children with family or previous care-provider to establish or reestablish long-term care.
Section 3(i) defines “Hazard” by reference to Republic Act No. 10121 as a dangerous phenomenon, substance, human activity, or condition that may cause loss of life, injury, health impacts, property damage, livelihood/service disruption, social/economic disruption, or environmental damage.
Section 3(j) defines “Orphans or Orphaned Children” as children without a family and relatives who can assume responsibility for their care.
Section 3(k) defines “Separated Children” as children separated from both parents or previous legal or usual primary caregiver, not necessarily from other relatives.
Section 3(l) defines “State of Calamity” by reference to Republic Act No. 10121 as a condition involving mass casualty and/or major damages, livelihood and road disruption, and disruption of normal way of life due to hazards.
Section 3(m) defines “Transitional Shelter” as structures temporarily constructed by government for families affected by a disaster while awaiting transfer to permanent shelters.
Section 3(n) defines “Unaccompanied Children” as children separated from both parents and other relatives not being cared for by an adult legally or customarily responsible.

Comprehensive Emergency Program for Children

Section 4 requires the Department of Social Welfare and Development (DSWD) to formulate a Comprehensive Emergency Program for Children (“Program”) based on humanitarian standards for protection.
Section 4 makes the Program the basis for handling disasters and other emergency situations to protect children and pregnant and lactating mothers and support immediate recovery.
Section 4 requires immediate implementation of the Program after the declaration of a national or local state of calamity or occurrence of any other emergency situation.

Mandatory coordination and local integration

Section 4 requires the DSWD to engage all relevant government agencies and stakeholders for implementation.
Section 4 requires LGUs to integrate the Program in their development plans and Local Disaster Risk Reduction and Management (LDRRM) plans and budget.

Program components and required actions

Section 4 requires the Program to be gender-sensitive and to include the following components:

Establishment of Evacuation Centers

Section 4(a) requires LGUs to establish and identify safe locations as evacuation centers for children and families, subject to the limitations in Section 5.

Transitional Shelters for vulnerable children

Section 4(b) requires the National Housing Authority (NHA), in coordination with DSWD, DENR, DPWH, DILG, and LGUs in areas under a state of calamity, to immediately establish options for transitional shelters, prioritizing vulnerable and marginalized groups including orphaned, separated, and unaccompanied children, and pregnant and lactating mothers.
Section 4(b) requires new transitional shelters to include gender-specific emergency latrines, bathing cubicles, and hand washing facilities designed for children, and mother and child-friendly spaces for child activities.
Section 4(b) requires shelters to include provisions for maternal and newborn and infant care, including rooms to protect, feed, provide personal care, and ensure children’s right to privacy.
Section 4(b) requires existing transitional shelters to be modified to the extent possible to comply.

Immediate delivery of basic necessities

Section 4(c) requires the Program to facilitate and ensure immediate delivery of basic necessities and services specifically required by affected children at different stages of development.
Section 4(c) requires priority to specific health and nutrition needs of: pregnant women, lactating mothers, newborn babies, children under five (5) years old, and children with special needs.
Section 4(c) includes the required items and services such as access to basic health services, food, water, nutrition, medicines, clothing, sanitary and hygiene kits, and emergency needs including blankets, mosquito nets, cooking ware and fuel, and flashlights.

Safety and security measures

Section 4(d) requires the Philippine National Police (PNP), in coordination with AFP and DSWD, DILG, LGUs, DepED, CHED, and CSOs, to monitor and ensure safety and security of affected children in areas under a state of calamity and protect them from all forms of abuse and exploitation.
Section 4(d) requires that upon declaration of a national and local state of calamity, PNP and DSWD, with assistance of AFP operating units and local councils against trafficking and violence against women and their children, in accordance with existing laws, immediately heighten comprehensive measures and monitoring to prevent child trafficking, labor, and prostitution, including domestic and sexual violence.
Section 4(d) requires DSWD to require all government agencies, LGUs, and CSOs tasked to provide assistance or services to adopt a child protection policy, including measures to deter and effectively respond to cases of violence, abuse, and exploitation of children.
Section 4(d) requires all LGUs to prioritize establishing and ensuring functionality of barangay violence against women and children (VAWC) desks as key reporting and referral mechanisms for violence, abuse, and exploitation of children across all phases of emergency response and recovery.
Section 4(d) requires that children be given priority during evacuation due to disasters or emergencies, with existing CSOs tapped to look after children’s safety and well-being during evacuation operations; evacuation must ensure children are accompanied by persons responsible for their safety and well-being.

Health, medical, and nutrition services

Section 4(e) requires the Department of Health (DOH), in coordination with DSWD, LGUs, and CSOs, to provide the health, medical, and nutritional needs of children in areas under a state of calamity, including psychosocial interventions for children in different stages of development.

Prompt resumption of education

Section 4(f) requires the DepED, in coordination with DSWD, DILG, and concerned LGUs, to ensure prompt resumption of educational services for all children, including early childhood care and development for children aged below five (5).

Child-friendly spaces during crises

Section 4(g) requires the concerned LGU to set up child-friendly spaces in every city or municipality declared under a state of calamity, as needed, based on guidelines promulgated by DSWD.
Section 4(g) requires LGUs to coordinate with lead agencies and CSOs to effectively respond to children’s needs; child-friendly spaces must be available throughout the crisis to recovery.
Section 4(g) requires that if an LGU cannot respond immediately due to huge disaster impact, DSWD, with concerned national government agencies and in coordination with CSOs and other stakeholders, as well as nearby LGUs, shall provide necessary child care services and social protection of affected children.

Promotion of children’s rights

Section 4(h) requires the Program to include activities and processes to promote and uphold children’s rights by:
- Providing child-centered training for all responders;
- Ensuring children receive adequate access to age-appropriate information on their roles and responsibilities and those of government agencies before, during, and after disasters and emergencies;
- Providing an effective mechanism for training and meaningful participation of children in community disaster risk reduction programs;
- Consulting affected children on their needs and priorities for post-disaster relief and recovery.

Rules on Evacuation Centers

Section 5 permits use of a school or child development center as an evacuation center only when there is no other available place or structure that can be used as a general evacuation center.
Section 5 requires that when a school or child development center is used, gymnasiums, learning and activity centers, auditoriums, and other open spaces must be utilized first.
Section 5 limits use of classrooms to a last resort and requires that use of school premises be as brief as possible.
Section 5 requires written documentation to DepED and DILG if use is predicted to exceed fifteen (15) days, including: (a) school name and location, (b) all alternative sites and proposal for final site selection, (c) measures to prevent interference or disruption of children’s educational activities, and (d) other particulars required by the implementing rules and regulations.
Section 5 requires continuous monitoring and assessment by DepED (in coordination with DPWH) of the condition of temporary learning spaces or other transitional and semi-permanent structures used as classrooms after a disaster.
Section 5 requires that if use exceeds six (6) months after the declaration of a state of calamity, the regional DepED office must conduct regular site inspections and certify to the Secretary of Education that spaces are in good physical condition and sufficient to ensure children’s safety and their environment.

Care for Orphaned, Unaccompanied, or Separated

Section 6 requires DSWD, upon consultation with relevant agencies, to develop a minimum set of standards and guidelines for the Family Tracing Reunification System for orphaned, unaccompanied, and separated children.
Section 6 requires that orphaned children and unaccompanied or separated children whose families or relatives cannot be found or assessed as incapable of providing proper care and protection be placed in:
- A licensed or accredited residential care facility, or
- A foster family in accordance with Article 140 of the Child and Youth Welfare Code, or
- A community-based center.
Section 6 requires a registered social worker to provide needed case management and intervention.

Civil Registry Restoration and Child Registration

Section 7 requires the Philippine Statistics Authority (PSA) to develop a system for restoration and reconstruction of civil registry documents destroyed or declared lost or missing during a disaster or calamity.
Section 7 requires PSA to submit reports on the number of restored or reconstructed documents to appropriate government agencies for effective monitoring and reporting to ensure continued access to social services and facilitate reunification of separated children with their families.
Section 7 requires PSA to develop a system for registration of children born during a national or local state of calamity.

Training for Emergency Responders

Section 8 requires the National Disaster Risk Reduction and Management Council (NDRRMC) to promote and conduct a child-responsive training program for responders in the calamity area, including community and barangay leaders, community members, school personnel, and other rescuers.
Section 8 requires the training program to include:
- Proper procedures and measures to assess the situation and safeguard and protect affected children during and after emergencies and disasters; and
- Appropriate training on psychosocial interventions for children in different stages of development who are victims of calamities.
Section 8 requires each member agency to include or mainstream child protection in their emergency response training to service providers.

Data Gathering, Monitoring, and Reporting

Section 9 requires agencies mandated by the Act to monitor and report on implementation of Program services to be submitted jointly to Congress annually.
Section 9 requires the annual report to include a specific section on pregnant women and children under five (5) years of age as a strategy to address post-disaster nutrition needs of children under age five (5) and pregnant women.
Section 9 requires, in the aftermath of a national or local state of calamity, that data collection and reporting for the Disaster Risk Reduction and Management Information System (as provided in Republic Act No. 10121) be disaggregated by age, gender, ethnicity, and special needs.
Section 9 requires that collected data be utilized to understand and respond better to the needs of children affected by disasters and calamities.
Section 9 requires that within five (5) days from declaration of a national state of calamity, or as soon as practicable, DSWD and DILG jointly submit written documentation and a report on their surveillance and monitoring under Section 4(d) to appropriate committees of the Senate and the House of Representatives.

Appropriations and Implementing Rules

Section 10 charges the amount necessary for the Act’s initial implementation against the current appropriations of: DSWD, Office of Civil Defense (OCD), DepED, DOH, Department of National Defense (DND), and PSA.
Section 10 requires that for continued implementation, needed amounts be included in the annual General Appropriations Act.
Section 10 requires that for LGUs, implementation of the programs be charged against the Local Disaster Risk Reduction and Management Fund (LDRRMF).
Section 11 requires DSWD, within ninety (90) days from the Act’s effectivity, to promulgate the necessary implementing rules and regulations for effective implementation.
Section 11 requires DSWD to promulgate the rules in consultation and coordination with DND, OCD, DOH, DepED, DILG, PNP, AFP, and child-focused CSOs.

Construction, Separability, and Repeal

Section 12 mandates that provisions of the Act and its implementing rules and regulations be liberally construed in favor of the best interest of the child.
Section 13 provides separability: invalid or unconstitutional provisions do not affect remaining provisions, which remain in full force and effect.
Section 14 repeals, amends, or modifies laws, executive orders, presidential decrees, rules, regulations, or parts thereof inconsistent with any provision of Republic Act No. 10821.

Implementation Authorization and Legislative History

Section 15 establishes the publication-based effectivity rule: fifteen (15) days after publication.
The Act reflects amendment and adoption through legislative bill processes culminating in Senate adoption and House adoption before presidential approval on May 18, 2016.