MARCH 8, 2016

NR # 4133B

Solon seeks probe on status and implementation of laws protecting kids

A lawmaker is calling for an inquiry to determine the status and quality of implementation
of laws providing for special protection of children.
In House Resolution 2649, Rep. Emmeline Y. Aglipay-Villar (Party-list, DIWA) said it is
the policy of the State to provide special protection to children from all forms of abuse, neglect
cruelty, exploitation and discrimination and other conditions, prejudicial to their development.
Likewise the State is mandated to provide sanctions for their commissions and carry out a
program for prevention and deterrence of and crisis intervention in situations of child abuse,
exploitation and discrimination, she said.
Aglipay-Villar, vice chairperson of the Committee on Human Rights and on
Transportation, said the Philippines has sustained the legislative effort to provide for special
protection of children.
She noted the five key laws that have been enacted since 1992, namely, Republic Acts
(RA) Nos. 7610, 9262, 9208, 9344 and 9775.
However, she said there is low awareness on the aforementioned laws based on the initial
findings of the Philippine Legislators/ Committee on Population and Development Foundation,
Inc. (PLCPD) which is conducting an ongoing qualitative study on the quality of implementation
and harmonization of the laws.
According to the PLCPD, there is a low awareness of RA 7610 or the Special Protection
of Children against Child Abuse, Exploitation and Discrimination Act and RA 9262, otherwise
known as the Anti-Violence Against Women and Their Children Act of 2004 partly because
agencies like the Philippine National Police (PNP) are not able to cascade the information to
communities due to lack of funding.
In reference to RA 9262, barangay officials find that there is a significant number of police
who are unaware on the correct handling and processing of cases involving violence against
women and children, the PLCPD said.
For both RA 7610 and RA 9262, it has been observed that in the cases of incest, many
families prefer not to file. Though other stakeholders can file, they are afraid to do so fearing for
their own safety.
The PLCPD said another significant challenge in the implementation of RA 7610 and RA
9262 is the confusion and lack of clarity in procedure when the perpetrator is also a minor.
For all laws, it has been observed that Courts are often not child-friendly. In addition,
sometimes fiscals reduce crimes to mere physical injury even if there is an observable pattern of
obvious child abuse.

Meanwhile, for RA 9208 of the Anti-Trafficking in Persons Act of 2003, it was found
out that most of the victims of trafficking are from the Visayas and Luzon but cases do not
prosper because victims do not return to pursue the case.
In this regard, there is a clear need for more training and mass dissemination of
information so that women and children do not fall victim, Aglipay-Villar said.
In terms of RA 9344 or the Juvenile Justice and Welfare Act of 2006, there is confusion
in the inter-agency cooperation and partnership. Most of the stakeholders were not aware of the
amendments of RA 9344.
With regard to RA 9775 otherwise known as the Anti-Child Pornography Act of 2009, it
was found out thus far that almost no cases were filed primarily due to lack of public awareness.
Aglipay-Villar said there is a need for the Committee on Welfare of Children to exercise
its oversight mandate and look into the quality of implementation of the said five laws,
specifically through the inter-agency councils.
The results of oversight and the findings of the qualitative study can be used as the basis
for future legislative action, Aglipay-Villar said. (30) mvip