Policy and declared purpose
- The Decree is intended to prevent the commission of mendicancy.
- The Decree is intended to prevent the exploitation of infants and children through mendicancy and to provide habilitative services for those already exploited or in immediate danger of exploitation.
- The Decree promotes rehabilitation of minors found begging and mendicants by providing an integrated developmental package of preventive, habilitative interceptive, remedial, and/or rehabilitative services.
Key definitions and terms
- A “mendicant” is any person (except those enumerated in Section 4) who has no visible and legal means of support, or lawful employment, who is physically able to work, but neglects to apply himself to some lawful calling and instead uses begging as a means of living.
- An “exploited infant” or “child” refers to an infant or child 8 years and below who is used in begging or who accompanies a habitual vagrant or beggar.
- A “habitual mendicant” is one who has been convicted of mendicancy under this Decree two or more times.
- A “duly licensed child placement agency” or “individual” is an institution or person licensed by the Department of Social Services and Development to assume the care, custody, protection, and maintenance of children for placement in any child-caring institution or home under the care and custody of any person for purposes of adoption, guardianship, or foster care.
- An “Integrated Developmental Package of Services” includes:
- Preventive services, which forestall situations contributory to mendicancy.
- Habilitative services, which provide environmental or socio-economic conditions for the exploited infant or child to maximize possibilities for a satisfactory quality of life before undesirable attitudes and values form or conditions most conducive to mendicancy onset.
- Interceptive services, which channel or direct the growth potential and productive energy of the mendicant infant, child, youth, or adult to offset factors contributing to mendicancy.
- Remedial services, which meet basic needs and improve living condition of the mendicant.
- Rehabilitative services, which include medical, social, educational, psychological, and vocational measures to develop and/or restore the mendicant to the fullest state of well-being or economic usefulness and to enable engagement in a gainful occupation.
Coverage and who is covered
- The Decree applies to all mendicants, as defined, and to exploited infants or children who are 8 years old and below.
- The Decree applies to minors found begging who fall within the age-based categories in Section 4.
- The Decree applies to parents of exploited infants and children criminally liable under Articles 59 and 60 of Presidential Decree No. 603, where applicable.
- Any infant or child 8 years old and below found begging or utilized by a mendicant for purposes of begging falls under the custodial and care provisions in Section 4.
- Persons physically or mentally incapable of gainful occupation, who are found begging and are not otherwise covered by Section 4, receive the integrated package of services under Section 4.
Apprehension, placement, and services
- Any infant or child 8 years old and below found begging or utilized by a mendicant for purposes of begging must be apprehended as a neglected child under Article 141 of PD 603.
- The apprehended infant or child 8 years old and below must be committed to the custody and care of the Department of Social Services and Development or to any duly licensed child placement agency or individual.
- Any minor over 9 years of age and under 15 found begging or utilized for purposes of begging, who acted without discernment, must be apprehended as a neglected child under Article 141 of PD 603 and committed to the custody and care of the Department of Social Services and Development or to any duly licensed child placement agency or individual.
- Any minor over 9 years of age and under 15 found begging or utilized for the purpose of begging, who acted with discernment, must be proceeded against under Chapter 3, Title VIII of PD 603.
- Any person not covered by the preceding paragraphs of Section 4 who is found begging and who is physically or mentally incapable of gainful occupation must be provided the integrated package of services by the Department of Social Services and Development, the welfare units of local governments, and other cooperating agencies.
Criminal liability and penalties
- A mendicant upon conviction must be punished by a fine not exceeding P500.00 or by imprisonment for a period not exceeding 2 years, or both, at the discretion of the court.
- A habitual mendicant upon conviction must be punished by a fine not exceeding P1,000.00 or by imprisonment for a period not exceeding 4 years, or both, at the discretion of the court.
- Parents of exploited infants or minors under Section 4 must be proceeded against under Articles 59 and 60 of PD 603, unless the parents are themselves mendicants.
- Any person who abets mendicancy by giving alms directly to mendicants and exploited infants and minors on public roads, sidewalks, parks and bridges must be punished by a fine not exceeding P20.00.
Public information and local programs
- The Department of Public Information must conduct a nationwide educational and information program on the Mendicancy Law of 1978.
- The Department of Public Information must educate the public to contribute only to lawful fund-raising projects.
- The Department of Public Information must educate the public to prevent the community from giving alms except through organized agencies.
- The Secretary of the Department of Public Information must promulgate rules and regulations governing the public education and fund-raising/alms conduct.
- Local governments must provide socio-economic programs and establish operating units, including reception and action centers, sheltered workshops, constitute homes, and other facilities for mendicants.
- The Secretary of the Department of Local Government and Community Development must promulgate rules and regulations governing local implementation.
Health, law enforcement, and service network coordination
- The Department of Health must provide necessary measures to meet the health needs of mendicants.
- The Secretary of the Department of Health must promulgate rules and regulations for health measures.
- The Department of National Defense must provide necessary law enforcement and other related services for implementing the Decree.
- The Secretary of the Department of National Defense must promulgate rules and regulations for law enforcement and related services.
- The Department of Social Services and Development must provide an integrated network of appropriate services to exploited infants and children 8 years old and below, as well as mendicant minors and adult mendicants.
- The Department of Social Services and Development must coordinate services of local governments, private organizations, and agencies related to implementation, subject to rules and regulations promulgated by its Secretary.
Appropriations and authorization
- An amount of two million pesos (P2,000,000) is authorized to be appropriated out of any funds in the National Treasury that are not otherwise appropriated.
- The appropriation must support activities under the Decree.
Repeal, separability, and implementation structure
- Inconsistent laws, decrees, orders, rules, and regulations are repealed or modified accordingly.
- If any section or provision is declared unconstitutional or invalid, the other sections or provisions not affected continue in full force and effect.