EXCERPTS FROM THE MINUTES OF THE 119TH REGULAR SESSION OF THE 6th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE THIRD FLOOR TABACO CITY HALL ANNEX BUILDING ON NOVEMBER 16, 2018.
Hon. Luis Renir B. Burce President Pro-Tempore & Member,
Hon. Sheina Marie C. Onrubia Floor Leader & Member,
Hon. John Gio Ong-Bongao Assistant Floor Leader & Member,
Hon. Roderick P. Martirez Member,
Hon. Arnaldo B. Bragais Member,
Hon. Raul Roi B. Borejon Acting City Vice Mayor & Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member,
Hon. Danilo C. Buenconsejo Member,
Hon. Eddie S. Perol Pres., LMB & Member, &
Hon. Allan Earvin S. Burce Pres., SK Pederasyon & Member.
N O N E
Acting City Mayor:
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Author: HON. RAUL ROI B. BOREJON
City Ordinance No. 022- 2018
AN ORDINANCE LOCALIZING THE IMPLEMENTATION AND THE PROVISIONS OF JUVENILE JUSTICE AND WELFARE ACT OF 2006 (REPUBLIC ACT NO. 9344), AS AMENDED BY REPUBLIC ACT NO. 10630, IN THE CITY OF TABACO, SPECIFICALLY ON THE PRESCRIBED LOCAL JUVENILE INTERVENTION AND DIVERSION PROGRAMS PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES.
WHEREAS, the Philippines, being a signatory to the United Nations Convention on the Rights of every Children (UNCRC), has to PROTECT, RESPECT, and FULFILL the RIGHTS of children;
WHEREAS, the Philippines signed the UNCRC on January 26, 1990 and the Philippine Senate ratified it on August 21, 1990;
WHEREAS, the Local Government Code of 1991 mandates all local government units to promote the general welfare of its inhabitants, provide basic services to the constituents and enact ordinances which shall ensure the effective and efficient delivery of services;
WHEREAS, the Juvenile Justice and Welfare Council (JJWC) created by virtue of Juvenile Justice and Welfare Act of 2006 (RA 9344) provides for a Comprehensive National Juvenile Intervention Program Framework to ensure the effective implementation of the Act and to serve as guide for local government units (LGUs) in the preparation of their respective Intervention and Diversion Programs for Children at Risk (CAR) and for Children in Conflict with the Law (CICL);
WHEREAS, Section 18 of Republic Act No. 9344 – Juvenile Justice and Welfare Act of 2006 requires LGUs to develop a Comprehensive Juvenile Intervention Program covering at least a three (3) year period and set aside an amount necessary to implement the said program;
WHEREAS, pursuant to Section 23 of the said Act, children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions as provided by the Act;
WHEREAS, Republic Act No. 10630, “An Act Strengthening the Juvenile Justice System in the Philippines, Amending for the Purpose of Republic Act No. 9344”, otherwise known as, “The Juvenile Justice and Welfare Act of 2006”, provides in Section 49 that ….” each province and highly urbanized city shall be responsible for the building, finding, and operating a Bahay Pag-Asa. Furthermore, recognizing the dynamics and specialized needs of CICL to provide them with an in-depth and individualized intensive care, specially to those below fifteen (15) years old and committed serious crimes under Section 20-A of the Act, a special facility within the Bahay Pag-Asa called the Intensive Juvenile Intervention Service Center (IJISC) is also established;
WHEREAS, the Department of Interior and Local Government has issued Memorandum Circular No. 2009-124 dated September 1, 2009, appending a model ordinance in line with the implementation of Intervention and Diversion Program at the local level pursuant to Juvenile Justice and Welfare Act of 2006 (RA 9344);
WHEREAS, the City Government of Tabaco signed a Memorandum of Agreement (MOA) with the Department of Social Welfare and Development (DSWD), Field Office V to construct the Youth Home in Barangay Oson, Tabaco City , in a land owned by the LGU of Tabaco City. The Youth Home was funded through the Bottoms Up Budgeting (BUB) project of the national government. The Youth Home is the equivalent of the Bahay Pag-asa established in provinces and highly urbanized cities. Primarily this serves as a separate corrective and transformational facility, a home-like environment, center-based programs, committed to address the growing needs for the rehabilitation of the Children in Conflict with the Law (CICL). It aims to nurture these young people to become well-adjusted, responsible, well-educated and confident individuals with the hope that they will become productive citizens and able leaders of our country in the future;
NOW THEREFORE, on motion of Hon. Borejon duly seconded and unanimously approved by the members present in the session assembled;
RESOLVED, as it is hereby resolved to enact and approve, as it is hereby ENACTED and
APPROVED the following City Ordinance:
SECTION 1. Title. – This Ordinance shall be known as “AN ORDINANCE LOCALIZING THE IMPLEMENTATION AND THE PROVISIONS OF JUVENILE JUSTICE AND WELFARE ACT OF 2006 (REPUBLIC ACT NO. 9344), AS AMENDED BY REPUBLIC ACT NO. 10630, IN THE CITY OF TABACO SPECIFICALLY ON THE PRESCRIBED LOCAL JUVENILE INTERVENTION AND DIVERSION PROGRAMS PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES”, follows:
SECTION 2. Definition of Terms. – The following terms as used in this Ordinance shall be defined as
- Child, refers to a person below eighteen (18) years of age.
- Tabaco City Council for the Welfare and Protection of Children, refers to serve as the primary body to coordinate with and assist the city government in the formulation of comprehensive juvenile intervention and diversion programs and shall set policies for their implementation and for providing services for CICL.
- City Juvenile Intervention Program (CJIP), refers to formulate a comprehensive Juvenile Intervention Program.
- City Mayor, refers to the Local Chief Executive (LCE) that will implement this Ordinance and other formulated guidelines, policies, programs including the allocation of funding for the Juvenile Justice Intervention programs.
- Sangguniang Panlungsod, refers to the Local Legislative branch of the LGU that will validate and review all formulated policies, guidelines and other programs of the Local Chief Executive thru its Local Council for the Protection of Children (LCPC).
- Barangay Government, refers to the Sangguniang Barangay and their elected officials, shall take a collaborative effort in the implementation of this Ordinance.
- BCPC, refers to the barangay Council for the· Protection of Children, that will provide the implementation of the juvenile intervention and diversion programs.
- SK Federation, refers to the Sangguniang Kabataan that will initiate programs in the juvenile intervention and diversion programs and include budget allocation for the protection rights of every children, particularly programs for CICL.
- Non-Government Organization, refers to the NGOs advocating in child protection and intervention to address causes of offending, provide assistance to Children in Conflict with the Law (CICL) and alternative modes to avoid the child’s contact with the formal justice system.
- Department of Education (DepEd), refers to the educational programs during the intervention and diversion period of the CICL.
- Tabaco City Livelihood and Skills Training Center, refers to the skills development office of the City Government that will take apart in the trainings of the CICL during their preparation in the reintegration of the CICL in the community.
- Intervention Programs, refers to the Primary, Secondary and Tertiary Intervention Programs or CICL.
- Intervention, refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being.
- Diversion Programs, refers to diversion programs for children more than 15 years old but less than 18 years old who enacted with discernment and who have committed an offense with an imposable penalty of not more than six (6) years.
- Diversion, refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the Jaw on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.
- Support Services, refers to services to the family, e. g. education, health, skills training, livelihood assistance.
- Juvenile Intervention Division, refers to basic facilities and equipment to carry out its functions and shall appoint other personnel necessary to its operations.
- After Care Support Services, refers to the CICL who have been dismissed by the proper court because of good behavior.
- CICL, refers to the Child/Children in Conflict with the Law, a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine Laws.
- Best Interest of the Child, refers to the totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child’s physical, psychological and emotional development. It also means child.
- Child at Risk, refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following:
- (1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;
- (2) being exploited inducting sexually or economically;
- (3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;
- (4) coming from a dysfunctional or broken family or without a parent or guardian;
- (5) being out of school;
- (6) being a street child;
- (7) being a member of a gang;
- (8) living in a community with a high level of criminality or drug abuse;
- Community-based Programs, refers to the programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community.
- Youth Detention Home, refers to a twenty four (24)-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited non-government organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
- Youth Rehabilitation Center, refers a twenty (24)-hour residential care facility managed by the City Social Welfare and Development (CSWD), licensed and/or accredited NGOs monitored by the DSWD/CSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them.
SECTION 3. Guiding Principles. – This Ordinance is in pursuit of the Philippine Government’s commitment to the United Nations Convention of the Rights of the Child Principles of Restorative Justice and other applicable laws on child and youth welfare and protection.
SECTION 4. Strengthening of the Local Council for the Protection of Children (LCPC). – The Tabaco City Council for the Welfare and Protection of Children (TCCWPC) which was established by virtue of Ordinance No. 007-2018, shall serve as the primary body to coordinate with and assist the city government in the formulation of comprehensive juvenile intervention and diversion programs and shall set policies for their implementation and for providing services for CICL – capability building and how to handle CICL.
SECTION 5. Formulation of the City Juvenile Intervention program (CJIP). – The City Mayor of Tabaco through the City Social Welfare and Development Officer (CSWDO) and in coordination with the Tabaco City Council for the Welfare and Protection of Children (TCCWPC) shall formulate a three-year Comprehensive City Juvenile Intervention Program (CJIP).
SECTION 6. Implementation of the City Juvenile Intervention Program (CJIP) – The City Government of Tabaco shall implement the CJIP through a collaborative undertaking between and among the Sangguniang Panlungsod (SP), City Mayor, Barangay Government/Officials/Barangay Council for the Protection of Children (BCPC), SK Federation, community-based youth and school organizations, NGOs advocating in child protection and intervention, DepEd, Technical Education and Skills Development Authority (TESDA) (Manpower Office), Faith Based Groups, Psychology Institutions available and other concerned agencies to address causes of offending, provide assistance to Children in Conflict with the Law (CICL) and alternative modes to avoid the child’s contact with the formal justice system.
SECTION 7. Levels of Intervention and Roles of Stakeholders. – The City Social Welfare and Development Officer shall formulate the City Juvenile Intervention Program for the following levels:
7.1 Primary Intervention, which Includes general measures to promote social justice and equal opportunity which will indirectly tackle perceived root causes of offending;
7.2 Secondary Intervention which includes measures to assist children at risk and to prevent them from offending;
7.3 Tertiary Intervention, which includes measures to address the needs of children who have committed an offense to prevent them from re-offending and to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.
SECTION 8. Mobilization of Concerned Sector/Institutions. – The City Mayor through the Tabaco City Council for the Welfare and Protection of Children (TCCWPC) shall mobilize or call upon the participation of all sectors concerned particularly the child-focused institutions and government agencies involved in delinquency prevention, in the planning process and implementation of juvenile intervention and diversion programs.
SECTION 9. Implementation of Intervention and Diversion Programs. –
9.1 The City Mayor through the CSWDO and TCCWPC shall provide:
9.1.1 Community based intervention Programs for children fifteen (15) years old and below who have committed an offense;
9.1.2 Community based intervention Programs for children more than fifteen (15) years old but less than 18 years old who acted without discernment;
9.1.3 Community based diversion programs for children more than 15 years old but not less than eighteen (18) years old who acted with discernment and who have committed an offense with an imposable penalty of not more than six (6) years;
9.2 The CSWDO shall ensure that the intervention programs shall address the causes of juvenile delinquency. Intervention programs shall include any or a combination of but not limited to the following: (Part VII IRR of R.A. 9344)
9.2.1 Guidance and counseling i.e. family counseling, regular home visitation, regular home visitation;
9.2.2 Spiritual formation
9.2.3 Education and skills development
9.2.4 Provision of support services to the family, e.g. education, health, skills training and livelihood assistance;
9.2.5 Referral to other agencies for appropriate services, e.g. education, health, skills training; and
9.2.6 Access to child and youth organizations in the community, such as but not limited to the Sangguniang Kabataan.
9.3 The CSWDO shall supervise and monitor the implementation of diversion programs at the barangay level and shelters.
9.4 The TCCWPC shall also:
9.4.1 Develop policies and programs to ensure that children in conflict with the law are not subjected to discrimination in schools both private and public;
9.4.2 Coordinate with appropriate agencies such as TESDA, DepEd, Department of Health (DOH) and Commission on Higher Education (CHED) in the formulation of intervention and diversion programs;
9.4.3 Find ways to promote and replicate good practices of intervention and diversion programs;
SECTION 10. Establishment of a Youth Facility. – The City Government of Tabaco, Albay shall establish a Youth Facility for CICL in the following situations:
10.1 CICL with pending trial and commitment order
10.2 CICL with voluntary commitment
10.3 CICL with involuntary commitment
The Youth Facility to be established for CICL shall be a gender-fair and a child sensitive delivery care facility. Provided that the City shall provide appropriate programs for CICL and the CSWDO shall treat each individual case management.
10.4 Creation of a Juvenile Intervention Division in the CSWDO – Within thirty (30) days of the enactment of this ordinance, a separate division for juvenile intervention headed by duly licensed social worker as its Local Social Welfare Development Officer tasked to assist children in conflict with the law shall be created. This shall be under the administrative supervision of City Social Welfare and Development Officer.
The City Mayor shall establish the Juvenile Intervention Division equipped with basic facilities and equipment to carry out its function and shall appoint other personnel necessary to its operations.
SECTION 11. Care and Support of CICL. – The Youth Home situated at Barangay Oson, Tabaco City shall continually serve as the youth detention homes adopting a gender-fair and child sensitive delivery care system.
The expenses for the care and maintenance of a CICL under institutional care shall be borne by his/her parents or those persons liable to support him/her. Provided that in the case his/her parents or those persons liable to support him/her are indigents, the City Government of Tabaco, Albay shall render financial assistance to help defray the expenses. Provided, further that in the event that the CICL is not a resident of the city where the offense was committed, the court upon its determination may require the LGU where the CICL resides to shoulder the cost.
SECTION 12. After Care Support Services. – The City Government of Tabaco, Albay, through the CSWDO shall provide after care services for a period of six (6) months to the CICL whose cases have been dismissed by the proper court because of good behavior as per recommendation by the CSWDO Social Worker and/or any accredited NGO Youth Rehabilitation Center.
SECTION 13. Monitoring Reporting and Evaluation System. – The City Government of Tabaco, Albay, through the Tabaco City Council for the Welfare and Protection of Children (TCCWPC) shall monitor the implementation of the Comprehensive City Juvenile Intervention and Diversion Programs and submit report to the Juvenile Justice and Welfare Council through the Department of the Interior and Local Government (DILG) not later than March 30 of every year.
SECTION 14. Appropriations. – The City Government of Tabaco, Albay shall allocate funds to carry out provisions of this Ordinance with an initial budget of Two Million Pesos (₱ 2,000,000.00) subject to the usual accounting and auditing rules and regulations and for the immediate development of information and Education Campaign materials (IEC), on the procedures and levels of intervention, implementation of intervention programs and conduct of diversion programs in accordance with Section 24, 26, 27, 30, 31 and 50 of the law. In addition, the City Government of Tabaco shall appropriate one percent (1%) of its annual Internal Revenue Allotment (IRA) share for the strengthening and implementation of the programs of the Tabaco City Council for the Welfare and Protection Children as provided for in Section 15 of R.A. No. 9344. The above appropriations shall be subject to the usual accounting and auditing rules and regulations.
SECTION 15. Separability Clause. – If for any reason or reasons any section of this Ordinance shall be held unconstitutional or invalid other sections which are not affected thereby shall continue to be in full force and effect.
SECTION 16. Repealing Clause. – All ordinances, rules and regulations or parts thereof in conflict with this Ordinance are hereby repealed and/or modified accordingly; provided that the rights that are vested upon the effectivity of this Ordinance shall not be impaired.
SECTION 17. Effectivity Clause. – This Ordinance shall take effect thirty (30) days upon its approval and publication in a newspaper of local circulation.
APPROVED, this 16th day of November 2018.
We hereby certify to the correctness of the foregoing Ordinance.
RAUL ROI B. BOREJON LUIS RENIR B. BURCE
Author President Pro-Tempore
GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
NESTOR T. SAN PABLO
Acting City Mayor