Law Summary

Introduction

This Executive Order, issued by President Corazon C. Aquino on November 6, 1986, aims to provide immediate protective custody to minors engaged in prostitution or other forms of sexual exploitation due to their vulnerable age. It empowers the Ministry of Social Services and Development (MSSD) to implement protective measures in alignment with the government’s commitment against child exploitation.

Section 1: Protective Custody of Minors

• Legal Principle/Provision: Any minor apprehended for engaging in prostitution or illicit conduct is to be immediately placed under the protective custody of the MSSD.

• Key Definitions:

  • Minor: Defined as any individual below sixteen (16) years of age.

• Important Requirements/Procedures:

  • The arresting officer must deliver the apprehended minor to the MSSD or its authorized agency without delay.
  • The MSSD is responsible for ensuring the minor’s appearance in court or administrative hearings.

Section 2: Rehabilitation Programs

• Legal Principle/Provision: The MSSD is tasked with providing rehabilitation programs for minors in its custody.

• Key Definitions: None specific to this section.

• Important Requirements/Procedures:

  • Programs must include:
    • Moral values education
    • Psychological or psychiatric treatment
    • Health education regarding physical ailments and risks of unwanted pregnancy
    • Skills training for future employment

Section 3: Custody of Other Persons

• Legal Principle/Provision: The custody of individuals other than the apprehended minor shall follow standard criminal procedures.

• Key Definitions: None specific to this section.

• Important Requirements/Procedures:

  • Custody must adhere to the Rules of Court and other applicable laws.

Section 4: Notification and Forfeiture of Business Licenses

• Legal Principle/Provision: MSSD must notify local authorities about establishments involved in the prostitution of minors.

• Key Definitions: None specific to this section.

• Important Requirements/Procedures:

  • MSSD will notify mayors regarding businesses used for prostitution and petition for the forfeiture of licenses and closure of such establishments.

Section 5: Appropriation of Funds

• Legal Principle/Provision: An appropriation of funds is allocated to support the implementation of this Executive Order.

• Key Definitions: None specific to this section.

• Important Requirements/Procedures:

  • A sum of Three Million (P3,000,000.00) Pesos is appropriated for MSSD’s expenses.
  • Future funding provisions will be included in the annual General Appropriations Act.

Section 6: Authority to Call for Assistance

• Legal Principle/Provision: MSSD may seek assistance from other government agencies.

• Key Definitions: None specific to this section.

• Important Requirements/Procedures:

  • MSSD is authorized to call upon any government agency for support in implementing the Executive Order.

Section 7: Rule Promulgation

• Legal Principle/Provision: Coordination between MSSD and the Ministry of Justice is required for rule-making.

• Key Definitions: None specific to this section.

• Important Requirements/Procedures:

  • Necessary rules and regulations for implementation must be promulgated by the MSSD in collaboration with the Ministry of Justice.

Section 8: Repeal of Inconsistent Laws

• Legal Principle/Provision: Any laws or regulations inconsistent with this Executive Order are repealed or modified.

• Key Definitions: None specific to this section.

• Important Requirements/Procedures:

  • This section ensures that the Executive Order takes precedence over conflicting legal provisions.

Section 9: Effectivity

• Legal Principle/Provision: The Executive Order takes immediate effect upon issuance.

• Key Definitions: None specific to this section.

• Important Requirements/Procedures:

  • There are no specified timeframes for implementation; it is effective immediately.

Key Takeaways

• The Executive Order empowers the MSSD to take protective custody of minors involved in prostitution.
• Rehabilitation programs will focus on moral education, health awareness, and skills training.
• Local authorities will be notified about establishments involved in the exploitation of minors.
• Significant funds have been allocated to support the implementation of these protective measures.
• The MSSD has the authority to seek assistance from other government entities and must promulgate necessary rules for execution.
• The Order is effective immediately and repeals any conflicting laws or regulations.