FATHER SATURNINO URIOS UNIVERSITY

COLLEGE OF LAW

LABOR LAW REVIEW

PROJECT

A WORK BY:
NOEL EPHRAIM ANTIGUA
JANE BAKER
GOLDIE MYRRH NUDALO

PROPOSED TO:
ATTY. ARACELI LUYAHAN-MORCILLA

I.

STATEMENT OF THE PROBLEM

DELVING UPON THE SITUATION OF ROAMING

MENDICANTS IN THE STREETS OF BUTUAN FOR
POSSIBLE MANAGEMENT AND INTERVENTION
In a third world country like the Philippines where
grinding

poverty

is

the

number

one

problem,

mendicants and people with mental problems are

regular fixtures in the streets. People who have gone
out of their minds often young people
wandering the streets half naked, totally unwashed,
singing to themselves and obviously living in a
different world than ours.
In Butuan City mendicants freely roam the streets
and the adjacent areas in the cathedral. The Badjaos,
who are now settled in the traffic light corner of J.C.
Aquino

Avenue are most visible mendicants in the

city. They frequented in the city streets of San

Francisco, A.D. Curato and M. Calo, Gaisano mall and
other crowded areas as such in Langihan Public
Market.
Mendicancy breeds crime, erodes human dignity for
the person begging and promotes behavior which
endangers life and property of society.
The presence of mendicants, create problems to
traffic, because some of them beg in the middle of

the streets and in intersections. This endangers

health and exposes beggars to indignities and
degradation.
While there is an existing national law and an
ordinance that prohibits the public from giving alms
to beggars, these mendicants continue to exist
because there are still people who support their
illegal activities.
Presidential

Decree

1563

was

issued

by

then

President Ferdinand Marcos in June 11, 1978 to

control and eradicate mendicancy and providing
penalties against violators. This was, however, not
strictly implemented by authorities.
Since its implementation, the law was controversial
because it was for the most part ineffective and
included not only professional beggars but also
religious organizations, Christmas carollers and the
genuine poor who were unable to find work. Villagers
and tribal people moving to cities looking for work
claimed that the statute criminalized poverty.
The main purpose of creating the law is to stop
mendicancy, prevent the exploitation of infants and
children

through

mendicancy

and

to

provide

rehabilitative services for those already exploited or

in immediate danger of exploitation.
The law defines mendicants as those persons who
have no visible and legal means of support, or lawful
employment and who are physically able to work but
neglect to apply themselves to some lawful calling
and instead use begging as a means of living.
Beggars are all over ButuanCity streets.
There is a man, a Badjao, who approaches motorists
during a stop signal along J.C. Aquino Avenue and
plays his harmonica in exchange for loose change.
When told to stop begging because he is healthy and
can afford to work to earn a living. The man,
however, said, Walaytrabaho, Badjao.
A female Badjao, who begs along San Jose Street,
always carries with her a child when she approaches
foreigners who visit Almont Hotel. Because she does
not know how to speak English, the woman would
gesture that she needs money to buy food for her
child.
Many beggars now resort to acting, and even use
infants as props. There are those who pretend to be
mute, and hand out pieces of paper asking for alms.

Some tell stories that they need to buy medicine for

hospitalized relatives. Also common are children
suddenly appearing in between traffic stops to
quickly clean the windshields of vehicles or climb
inside public utility jeepneys and wipe the shoes of
passengers before asking for money.Despite doing
something that is against the law, many beggars
would do their thing in places near police stations
without fear of being arrested.
When Presidential Decree 1563 was created 38 years
ago, the government already knew that there is an
immediate need to provide appropriate services to
enable mendicants to meet their basic needs and
develop self-reliance, but the government enforcers
failed to implement it.
II.

LAWS AND STATE POLICIES VIOLATED

1. SECTION 5 ARTICLE II OF THE CONSTITUTION, The
maintenance of peace and order, the protection of
life, liberty, and property, and the promotion of the
general welfare are essential for the enjoyment by
all the people of the blessings of democracy.
2. SECTION 9 ARTICLE II OF THE CONSTITUTION, The
State shall promote a just and dynamic social

order

that

will

ensure

the

prosperity

and

independence of the nation and free the people

from

poverty

adequate

through

social

policies

services,

that

provide

promote

full

employment, a rising standard of living, and an

improved quality of life for all.
3. PRESIDENTIAL DECREE No. 1563 or the ANTIMENDICANCY

LAW,

has

for

its

purpose

the

following:
a. Prevent the commission of mendicancy;
b. Prevent the exploitation of infants and children
through

mendicancy

and

provide

facilitative

services for those already exploited or in immediate

danger of exploitation; and
c. Promote the rehabilitation of minors found
begging and mendicants by providing an integrated
developmental package of preventive, facilitative
interceptive,

remedial,

and/or

rehabilitative

services.
4. ARTICLE 59 OF P.D. 603 or the CHILD AND YOUTH
WELFARE CODE, Criminal liability attaches to those
who Improperly exploits the child by using him,
directly or indirectly, such as for purposes of
begging and other acts which are inimical to his
interest and welfare.

5. SECTION 58 OF RA 9344 of the COMPREHENSIVE

JUVENILE JUSTICE AND WELFARE SYSTEM, persons
below eighteen (18) years of age shall be exempt
from prosecution for the crime of mendicancy
under

Presidential

Decree

No.

1563,

such

prosecution being inconsistent with the United

Nations Convention on the Rights of the Child:
Provided,

That

said

persons

shall

undergo

appropriate counselling and treatment program.

6. SECTION 10 of the SPECIAL PROTECTION AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION
ACT or RA 7610, provides for the acts of Neglect,
Abuse,

Cruelty

or

Exploitation

and

Other

Conditions Prejudicial to the Child's Development

such as (e)

Any person who shall use, coerce,

force or intimidate a street child or any other child

to (1)
7. SECTION

Beg or use begging as a means of living;

248

of

RA

7160

GOVERNMENT

or

the

CODE,

LOCAL
the

SangguniangPanglungsod has the power, duty and

function to (v) Enact ordinances intended to
prevent,

suppress

penalties

for

places,

and

habitual

vagrancy,

impose

appropriate

drunkenness

mendicancy,

in

public

prostitution,

establishment and maintenance of houses of ill

repute, gambling and other prohibited games of

chance, fraudulent devices and ways to obtain
money or property, drug addiction, maintenance
of drug dens, drug pushing, juvenile delinquency,
the printing, distribution or exhibition of obscene
or pornographic materials or publications, and
such other activities inimical to the welfare and
morals of the inhabitants of the city.

III.

CHALLENGES
1. Ridding

the

streets

of

mendicants

to

minimize or at least eliminate begging

A mendicant, by legal definition under Paragraph a,
Section 3, of Presidential Decree No. 1563, is any
person, except those enumerated in Section 4 of this
Decree, who has no visible and legal means of
support, or lawful employment and who is physically
able to work but neglects to apply himself to some
lawful calling and instead uses begging as a means
of living (Emphasis ours). The definition necessarily
begs

the

assumption

that

these

people

take

themselves to streets and other places where people

are frequently present.

As a bane the State, specifically the City of Butuan,

seeks to minimize, if not eradicate, mendicancy
transcends a multitude of reasons and factors,
identification

and

resolution

of

which

likewise

requires attention by the government.

Foremost

to

the

issue

of

the

proliferation

of

mendicants among arterial roads, thoroughfares, and

business establishments in Butuan City is the ridding
the streets of mendicants to eliminate the hateful
sight

of

beggars

dotting

the

aforementioned

locations.
The act of ridding entails employment of coercive
force and people-friendly strategies to persuade
these mendicants to abandon their posts in the
streets.
By coercive force, Section 5 of P.D. 1563 provides for
penalties against mendicants covered by the said
law. If caught, a mendicant shall be punished with a
fine not exceeding P500.00 or by imprisonment for
not more than 2 years, or both at the courts
discretion.
not

In case of habitual mendicants, a fine

exceeding

P1,000.00

or

imprisonment

not

exceeding 4 years, or both at the discretion of the

court shall be imposed.

Likewise, parents of exploited infants or minors shall

be proceeded against in accordance with Articles 59
and 60 of P.D. No 603, unless they are themselves
mendicants.
However, compassionate justice holds open peoplefriendly

strategies

for

handling

mendicants,

especially minors and infants. This is so because

mendicancy cannot be crushed by blind and wanton
application of sheer force alone.
Undeniably
existence,

true,
and

mendicancy

the

fear

of

is

precarious

apprehension

and

detention is ever present. Unfortunately, the police

seem to indiscriminately arrest anyone who is
perceived to be loitering, resting or vending on the
streets,

not

only

beggars

but

also

vendors,

construction workers and labourers. Attempts to

detain and the arbitrary nature of the act create
uncertainty, distrust and fear among these people
and there have been incidences where children have
been hit by cars and injured while avoiding arrest.
It is worth taking that the amendatory effects of P.D.
603 and R.A. 9344 has positively ruled out minors
and infants from being covered by the punitive
effects of P.D. 1563.

Specifically, Title V of the Juvenile Justice and Welfare

Act lays down the procedure for the handling of
minors found to be or utilized as mendicants, starting
from initial contact to the provision of diversion
programs.
Section 4 of PD 1563 also provides for commitment
as delineated under Article 141 of the Child and
Youth Welfare Code. Commitment or surrender of a
child is the legal act of entrusting a child to the care
of the Department of Social Welfare or any duly
licensed child placement agency or individual.
Commitment may be done in the following
manner:
a) Involuntary commitment, in case of a dependent
child, or through the termination of parental or
guardianship rights by reason of abandonment,
substantial and continuous or repeated neglect
and/or parental incompetence to discharge parental
responsibilities,

and

in

the

manner,

form

and

procedure hereinafter prescribed.

b)

Voluntary

commitment,

through

the

relinquishment of parental or guardianship rights in

the manner and form hereinafter prescribed.

Minors and infants subjected to mendicancy shall be

placed under DSWDs custody where they will be
introduced

to

appropriate

reformative/restorative

programs.
2. Make mendicants productive members of the
society by providing appropriate services to
enable them to meet their basic needs and
develop self-sacrifice.
A bigger yet challenge than ridding the streets of
mendicants

is

to

make

them

productive

and

contributing members of the society. Mendicants do

not contribute anything to the economy. Conversely,
they are ironically useful as good indicia of the status
of poverty.
A good observation of the population of mendicants
and beggars on the streets is that mendicancy has
become a gendered work for women and although
men also beg, they are usually young, elderly, or
disabled. It appears then that these mendicants selfemploy themselves to provide additional income to
the family and put more on the family table in
addition to the head of the familys rather short and
meagre income.

As such, local programs and initiative by the LGU

must be anchored on the thought of empowering
these able-bodied women and disabled persons,
providing

for

education

among

children,

and

providing shelter and support for the elderly.

Under Section 7 of PD 1563, Local governments
shall provide socio-economic programs and establish
operating

units

including

reception

and

action

centres, sheltered workshops, constitute homes and

other facilities for mendicants...
Local

government

units

are

also

mandated

to

conduct information programs ...on the Mendicancy

Law and educate the public to contribute only to
lawful

fund

raising

projects

and

prevent

the

community in giving alms except through organized

agencies... This is under Section 6 of the same law.
At

the

onset,

mendicants

must

be

classified

accordingly to appropriately determine the program

which the LGU formulated and which falls squarely to
their needs. Children and minors, women, the
elderly, and disabled persons must be subjected to
different programs all inclined on making mendicants
productive members of the society by providing
appropriate services to enable them to meet their
basic needs and develop self-sacrifice.

3. Creation of the Anti-Mendicancy Task Force

to prevent the growing number of vagrants
and mendicants from using the streets as
shelters
Section

9,

reproduced

partially

in

toto

below,

presents another challenge to the city. It provides

that:
Section 9.Law Enforcement. The Department of
National Defense shall provide the necessary law
enforcement and other related services for the
implementation of this Decree...
It is obvious that no independent government body is
delegated

to

exclusively

channel

efforts

in

minimizing mendicancy, in contravention to the

language of PD 1563. Quite paradoxically, such
provision of the law finds more relevance and
urgency

in

the

promulgation,

present

taking

times

into

than

during

consideration

its
the

overwhelming influx of people in urban centers and

their

subsequent

resort

to

mendicancy

should

employment prove to be elusive or downright

unacceptable.

Scrutiny

of

the

organizational

setup

of

law

enforcement agencies reveal also that there is no

exclusive unit attending to this issue.
Pursuant to this, the LGU of Butuan must either
constitute an independent Anti-Mendicancy Task
Force or delegate such task to an already existing
unit as an exigency of their duty.
4. Apprehension of Persons Found Begging and
Penalty for person found begging and any
person who abets mendicancy by giving alms
directly to mendicant, exploited infants and
minors

and

any

individuals

exploiting

disabled person to beg.

Mendicants and beggars shall be apprehended with
utmost tolerance on the part of the Anti-Mendicancy
Task Force through employment of coercive yet
humane means.
It is necessary that a systematic classification of the
apprehended persons must be made based on age,
disability, family relations, capacity for employment,
and health for assessment purposes and application
of proper programs.

PD 1563 is explicit in providing for penalties of fine or

imprisonment, or both at the courts discretion of any
person found guilty of mendicancy.
To be a mendicant, the following elements must
concur:
a. He has no visible and legal means of support, or
lawful employment;
b. He is physically able to work but neglects to apply
himself to some lawful calling;
c. He uses begging as a means of living.
If found to be a mendicant where such elements are
satisfied, a mendicant as defined in Paragraph (a)
Section 3 of PD 1563, shall, upon conviction, 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.
Meanwhile, a habitual mendicant shall be punished
by

fine

not

exceeding

P1,

000.00

or

by

imprisonment for a period not exceeding 4 years or

both at the discretion of the court.
Also, parents of exploited infants or minors under
Section 4 of this Decree shall be proceeded against
in accordance with Articles 59 and 60 of Presidential
Decree

No.

mendicants.

603,

unless

they

are

themselves

Section 58 of Republic Acts No. 9344, otherwise

known as Juvenile Justice and Welfare Act of 2006
has practically amended PD 1563, thus eliminating
minors from the effects of Anti-Mendicancy Law.
Section 58 of RA 9344 provides: Persons below 18
years of age shall be exempt from prosecution for
the crime xxx of mendicancy under Presidential
Decree

No.

1563

xxx

such

prosecution

being

inconsistent with the United Nations Convention on

the Rights of the Child: Provided, that said persons
shall undergo appropriate counselling and treatment
program.
Another punitive provision is the provision of fines
against persons who abet mendicancy by giving alms
to directly to mendicants, exploited infants and
minors on public roads, sidewalks, parks and bridges.
If caught, a person shall be fined P20.00.
5. Care and assistance for Exploited Infant or
Child
Section 58 of RA 9344 provides Persons below 18
years of age shall be exempt from prosecution for
the crime xxx of mendicancy under Presidential
Decree

No.

1563

xxx

such

prosecution

being

inconsistent with the United Nations Convention on

the Rights of the Child: Provided, that said persons

shall undergo appropriate counselling and treatment

program.
The law is clear that exploited infants or children
shall be free from the punitive effects of PD 1563.
However they will be subjected to appropriate
counselling and treatment program.
Furthermore, Section 4 of PD 1563 in relation to
Article 141 of PD 603 mandates subjecting exploited
infants and children to Commitment programs of
DSWD or any duly licensed child placement agency
or program.
However, there is a want for more of these programs
and a need for a more proactive manner of
apprehending mendicants who have become more
tenuous in their stay in the streets. The law cannot
be a toothless tiger to the overwhelming number of
mendicants

in

dangerously

court

damage

to

the

downtown

vehicular

property,

assault,

area,

which

accidents,

injury,

and

vexation

of

pedestrians and motorists.

6. Enforcements

to

ensure

the

successful

implementation of this Ordinance

As a coordinating office to the Anti-Mendicancy Task
Force,

council

must

be

formed

comprising

members from the DSWD, DTI, DOLE, TESDA, and

DepEd.
DSWD shall be the agency to lay down diversion and
intervention programs to minors and infants.
DTI and DOLE shall be the agencies to ensure
reasonable

and

favourable

opportunities

for

employment will be accessible to former mendicants.

TESDA shall be in charged with giving livelihood
training for mendicants for them to come up with
viable life support through productive human work
and craft.
DepEd, through Alternative Learning System, shall be
in

charged

with

delivery

of

education

using

alternative modes of education.

IV.

DISSECTION
In order to profoundly understand the situation of
Mendicancy, let us examine first the possible causes

of this situation.
A. POSSIBLE ROOT CAUSES
1. Poverty
Evangelina Lawas, Head Social Worker at the Nayon
ng KabataanDepartment of Social Welfare and
Development (DSWD), said that the problem is
largely rooted in poverty and not so much in a

culture of begging. Due to the sheer magnitude of

the problem, the governments power to influence
the situation and to protect the innocent is limited
What is also appalling, is that some parents actually
use their children even babies to beg in the streets,
exposing them to accidents and other risks.
The law prohibits and penalizes mendicancy as well
as the exploitation of children, which is tantamount
to child abuse. However, for lack of funding and due
to

the

sheer

magnitude

of

the

problem,

the

governments power to influence the situation and to

protect the innocent is limited.
Also, there are no beggars if there are no givers. But
the Christian
teaching of giving alms to the poor and needy, as
well as the feeling of guilt at being able to afford
luxury while others are going hungry, can be skilfully
exploited by beggars.
2. Lack of Assistance from the Government
The government as the front liner in enabling the
needs of its constituents must be vigilant to the
needs and concerns of its people; ready to provide
even the basic needs for sustenance. However,

rather than giving alms to beggars on the street,

which will only encourage more poor to beg, any
assistance

would

be

better

channelled

through

charitable institutions and organizations.

3. Absence of Available Employment
In order to buy necessities for living one must have
employment with a salary capable to answer for food
and shelter. Another reason why beggars beg is
because they lack money; they have no money for
they do not have jobs nor are there any job suitable
for the abilities.
4. Debt of Gratitude
Politicians and bureaucrats are equally guilty of
mendicancy, as they have become addicted to loan
assistance from rich countries. However, begging is
just one of the more obvious forms of mendicancy.
There

are

less

obvious

forms

which

serve

to

perpetuate mendicancy, such as political patronage

and

the

lagay

system

of

bribery.

Self-serving

politicians have long realized that the have-nots are

taught to believe they are dependent on the
generosity of the haves, who take advantage of this

by practicing a culture of patronage. Thus, they wield

power over the have-nots through another Filipino
phenomenon, the utangnaloob or debt of gratitude.
TV

shows

are

also

perpetuating

another

kind

mendicancy, the dole-out mentality. Daytime game

shows in particular send the wrong signals. The
public pins its hopes on a game of chance and people
learn to gamble money in hopes that luck will smile
on them and alter their lives. When everything else
fails, they head abroad, which fosters begging of yet
another form.
B. DISSECTING

IN

THE

CONTEXT

OF

LEGALITY,

NECESSITY, BENEFICIALLITY AND DO ABILITY

1. Whether it is legal
The

need

to

resolve

mendicancy

finds

legal

foundations in the Constitution, and of the UN

Declaration of Human Rights.
Section 5 of Article II of the 1987 Constitution
provides that the maintenance of peace and order,
life, liberty, and property, and the promotion of the
general welfare are essential for the enjoyment by all
the

people

of

the

blessings

of

democracy.

Mendicancy, by its very nature, threatens and

violates peace and order of the society through the

proliferation of beggars and roamers in the streets
who, in the dire need for sustenance and money,
would brave plying in the streets for loose change
and spare food and in the process jeopardizing
motorists life, limb, and property. For this, wellenshrined is the principle that the State has the right
to intervene as a matter of police power in the
apprehension of mendicancy.
Under Section 9, the State shall also ensure the
prosperity...
through

and

free

policies

that

the

people

provide

from

poverty

adequate

social

services, promote full employment, a rising standard

of living and an improved quality of life for all.
The promulgation of a city-wide ordinance against
mendicancy and begging finds support in P.D. No.
1563 which established an integrated system for the
control and eradication of mendicancy.
In furtherance of such law, the City of Butuan can
legally establish a framework for intervention against
mendicants and beggars. Mendicancy stems from
poverty. It is the absence of money and of legal
means to acquire such which pitted mendicants to
seek

recourse

in

the

unforgiving

streets

and

thoroughfares. It is the States obligation-legal,

natural, and moral- to alleviate such poverty through

introduction

of

policies

and

implementation

of

programs and services that would uplift the status of

the lives of these mendicants.
Furthermore, mendicancy breeds crime. Assault,
coercion, theft, robbery, and other related crimes
against

property

and

against

persons

may

be

committed by these mendicants in furtherance of

mendicancy, through which they are assured of
money and other needs. This is the evil which P.D.
1563 seeks to avoid by imposing punitive provisions
against offenders.
2. Whether it is necessary
Section 10 Article 2 of the 1987 Constitution provides
that, The State shall promote social justice in all
phases of national development. Social justice
pervades all members of the society, regardless of
socio-economic status, among other indicators and
factors. The State does not discriminate, but rather
will observe social justice across all social strata.
As aptly stated in the case of Calalang vs. Williams
(G.R. No. 47800), Social justice must be founded on
the recognition of the necessity of interdependence
among diverse units of a society and of the
protection

that

should

be

equally

and

evenly

extended to all groups as a combined force in our

social

and

economic

life,

consistent

with

the

fundamental and paramount objective of the state of

promoting the health, comfort, and quiet of all
persons, and of bringing about the greatest good to
the greatest number.
The necessity of interdependence
paralyzed

when

component

of

is

deemed

the

society,

mendicants and beggars, wholly depend on the other

members

of

the

society,

thus

disturbing

the

symbiotic relationship each of the members of the

society is supposed to observe.
Moreover, the health, comfort, and safety of the
mendicants

are

better

promoted

through

government intercession and intervention.

The provision of government services somehow
uplifts the morale and dignity of mendicants and
beggars, prompting them to pursue dignified work
and labor. For able-bodied beggars and mendicants,
as a person born of complete physical and mental
faculties and as a part of an organized society where
one has to contribute to reap mutual benefits, he has
contracted an obligation to work. In the Origin of
Welfare States by Lisa DiCaprio, it is only through
work- productive and dignified work- where such

person

deserves

of

public

assistance.

DiCaprio

further propounded that each man, if he is physically

able to work, does not have a right to free
assistance. Society only owes him work and wage. In
consonance

to

the

declared

State

policy

in

promulgating P.D. 1563, there is a necessity to

develop

self-reliance

among

mendicants

and

beggars, as an impetus and consequence of which,

they must find work.
In this regard, the Constitution provides more ground
to solidify the need to promulgate a more timely and
relevant law on mendicancy. Section 9 of Article 2
states, The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard
of living, and an improved quality of life for all.
In this connection, just and dynamic social order
entails minimizing crime and improving the quality of
life. Crime is minimized when the problem of
mendicancy is resolved; taking into consideration the
fact that mendicancy encourages commission of
crimes by mendicants and the use of mendicants by

syndicates and other offenders in furtherance of

illegal activities.
Mendicants are also prone to health problems. There
constant everyday exposure to harsh and changing
conditions

makes

these

people

vulnerable

to

sickness. This is worsened by the fact that they do

not observe proper hygiene, increasing chances of
contracting diseases which, if not controlled, may
affect

the

greater

population.

Placing

minors,

women, and the disabled in government institutions

will dramatically lessen health issues among these
people.
The issue of traffic congestion will come off a good
start if mendicants will be removed from major
thoroughfares and arterial roads of the city. The
fearless acts of beggars in asking for alms from
pedestrians and passengers, as well as motorists,
significantly clog roads, leading to minutes-long
gridlock.

Worse,

these

very

same

persons

deliberately court accident, injury, and even death

through their acts.
3. Whether it is beneficial

Promulgation

of

an

Anti-Mendicancy

Ordinance

provides benefits both to the local government and

to the mendicants as well.
Benefits to the Government
Anti-Mendicancy ordinance will primarily benefits the
City of Butuan through eliminating mendicants from
the streets who can be considered hazards increasing
the likelihood of traffic accidents, injury, damage to
property, and loss of life. Related to these will be the
decongestion of streets. Mendicants will no longer
ply in streets in fierce competition with vehicles.
Another benefit is the removal of the proliferation of
crime by mendicants and the taking of advantage of
them by syndicates and groups for the conduct of
crimes. The infestation of crimes among mendicants
will be eliminated and checked. They will also be
beyond the influence of crime groups by placing
them in government institutions.
From the perspective of tourism, the unattractive
sight of mendicants and beggars will be likewise
eliminated not because the issue is placed under
the rags, but because proper intervention for these
persons

are

applied,

thus

engaging

them

to

worthwhile and productive work. Tourism will no

longer be bothered by tenacious street children

asking for alms, nor will they be assaulted or cursed

unbeknownst to them by reason of their refusal to
give money.
Benefits to the Mendicants
Mendicants

will

be

given

opportunity

for

self-

development and chances for employment. Together

with

sending

them

to

government

accredited

institutions will be giving of livelihood trainings and

seminars to capacitate these people for work.
Instead of being a burden to the city, they will
become contributing citizens by exerting work and
paying their dues to the government.
Mendicants will also have better access to health
programs and services which will significantly reduce
instances of disease and illness. Minors and infants
exploited

for

mendicancy

shall

be

given

an

opportunity to pursue education and learning withthe

help

of

DepEd;

the

department

will

provide

alternative learning system to these minors.

4. Whether it is possible/ doable
Initiating a stronger Anti-Mendicancy campaign and
promulgating an ordinance to that effect is very
practical when one takes into consideration the
factual and social milieu of Butuan City.

First consideration is that the sheer number of

mendicants and beggars is sufficient to initiate legal
action from the city. The danger that mendicants
pose in the streets, as well as the hassle they do to
pedestrians and motorists, warrant action from the
local government of Butuan through subjecting these
persons to interventions by government accredited
institutions.

Begging

and

mendicancy

can

be

considered a nuisance, for which abatement can be

applied.

Abatement,

in

this

sense,

does

not

necessarily mean abatement as provided in the Civil

Code but rather abatement through eliminating
mendicancy

incidences

through

government

programs and intervention.

Minors, who in the process of thriving in the streets
have become addicted to solvent and drugs, pose
immediate danger to passengers, pedestrians, and
motorists. These minors openly use these chemicals
in the open, in blatant disregard of police officers
nearby and of passers-by, after which these minors,
in a moment of intoxication to drugs, inflict bodily
harm and extortion from other people. These minors
can be handled better by law enforcement officers
who can properly deliver them to authorities for their
proper disposal.

V. PROPOSED LEGISLATIVE MEASURE

LUNGSOD NG BUTUAN
ORDINANCE NO. 00-2016
AN ORDINANCE ESTABLISHING AN INTEGRATED
SYSTEM TO PREVENT MENDICANCY IN THE CITY OF
BUTUAN, PROVIDING PENALTIES, APPROPRIATING
FUNDS, AND FOR OTHER PURPOSES

WHEREAS, mendicancy creates traffic hazards, endangers

the health and safety of mendicants and exposes them to
indignities and degradation;
WHEREAS, there is a need to regulate mendicancy as it is
not only a public nuisance but it is also a contributing factor
to the congestion and the heavy traffic of sidewalks and
thoroughfares;
WHEREAS, Presidential Degree 1563 which prohibits and
penalizes Mendicancy was passed on June 11, 1978; but
the present proliferation of mendicants necessitates the
passage of an ordinance to give more teeth to laws and
regulations concerning mendicancy;

NOW, THEREFORE, foregoing premises considered, the

SangguniangPanlungsod of the City of Butuan, hereby
ordains that:
SECTION 1. Title. This ordinance shall be known as
Anti- Mendicancy Ordinance of Butuan City;
SECTION 2. Purpose. - The purpose of this ordinance is to
prohibit and penalize the giving to and soliciting by
Mendicants of cash or any kind of material goods anywhere
in public places, buildings and offices as well as in any
business and commercial districts.
SECTION 3. - Definition. As used in this Ordinance the
following meanings shall be construed thus;
Abetting Mendicancy means inducing or assisting another
person to violate in any provisions of Section 5 hereof
Exploited Infant or Child refers to infant or child 8 years
and below who is used in begging or one who accompanies a
habitual vagrant or beggar;
Habitual Mendicant refers to one who has been convicted
of mendicancy three times or oftener;
Mendicants refers to any person who has no visible and
legal means of support, or lawful employment and who is
physically able to work but neglects to apply himself to some
lawful calling and instead uses begging as a means of living;

SECTION 4. Creation of the Anti-Mendicancy Task

Force

There shall be created a Task Force on Anti-

Mendicancy to prevent the growing number of vagrants and

mendicants from using the streets as shelters, to be
composed of the following:
SECTION 5.- Duties and Functions. The Anti-Mendicancy
Task Force shall be clothed with the following functions:

Plan, implement and monitor yearly work programs in

pursuance to the objectives of the law against begging;

Be responsible for the implementation of the integrated
network of appropriate services to mendicants;

Conduct regular rounding, give free counselling and

provide medical services to rescued mendicants;

Provides educational assistance to the mendicants

children through the BalikEskuela program by enrolling

them in schools and provide uniforms and school materials,

Institute BalikProbinsya Program to mendicants who

are not residents of Butuan;

Conduct parent effectiveness services;

Conduct

information

dissemination

campaign

by

distributing anti-mendicancy reading materials in every

barangays and posting streamers and billboards on strategic

places in the city;

Tap the services of different non-government

organizations

to

help

them

in

their

anti-mendicancy

campaign;

Spearhead the observance of Anti-Mendicancy Week

Celebration by launching of various development programs

that address the needs of the mendicants in the City;

Conduct skills training for mendicants; Conduct

research on mendicancy;
Perform such other functions and discharges such other
duties and responsibilities as maybe necessary or incidental
to the implementation of this Ordinance.
SECTION 6. Prohibited Acts. The following are prohibited
in Butuan City
Giving of cash to any mendicant.
Begging and soliciting by mendicants of cash in public
places, streets, buildings and offices, as well as in any
business or commercial establishment.
Abetting any person or child to become a mendicant.
SECTION 7. Apprehension of Persons Found Begging

Any infant or child 8 years old and below who is found

begging or is being utilized by any person for purposes of
begging, shall be apprehended as a neglected child and shall
be committed to the custody and the care of the City Social
Welfare and Development;
Any minor over 8 years old butless than 15 found begging or
is being utilized for purposes of begging and who acted
without discernment as a neglected child;
Any

person

not

otherwise

covered

in

the

preceding

paragraphs who is found begging and is physically or

mentally incapable of gainful occupation shall be provided
the integrated package of services by the City Social Welfare
and Development;
In consonance with Article 189 P.D. 603, a child mendicant
nine years of age or under at the time of the commission of
offense shall be exempted from criminal liability and shall be
committed to the care of his or her father or mother if they
could be located otherwise he/she will be committed to a
duly licensed child placement agency or individual or the
Department of Social Welfare and Services for care, custody,
protection and maintenance as provided by Presidential
Decree No. 1563.
Mendicants over nine (9) and under fifteen (15) years of age
at the time of the commission of the offense, shall also be

proceeded

against

in

accordance

with

the

immediate

preceding paragraph. If the aforesaid mendicant is fifteen

years or over but under twenty-one years of age at the time
of the commission of the offense, a case will be filed against
him/her in court for violation of the provisions of this
ordinance.
In the event the sentence of the minor mendicant shall be
suspended, he/she shall be turned over to the Department of
Social

Welfare

for

case

evaluation

and

for

whatever

appropriate action that could be undertaken for his/her

proper care, custody and possible rehabilitation.
Adult mendicants

EIGHTEEN (18) years or over, able-

bodied and begging for cash or any kind of material goods

shall be penalized with imprisonment for a period of five to
ten (5-10) days for the first offense; eleven to thirty (11-30)
days for the second offense; and from one (1) month to two
(2) months for habitual mendicants.
Habitual Mendicants refer to those who are convicted of
Mendicancy under the provisions of this Ordinance for the
third time or oftener.
SECTION 8. PENALTY.
Persons giving cash or any kind of material goods to
mendicants shall be penalized with a fine amounting to FIVE
HUNDRED PESOS (P500.00) for the first offense; ONE

THOUSAND PESOS (P1,000.00) for the second offense; and

ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00) for the
third or more offense
Any person who abets mendicancy by giving alms directly to
mendicant, exploited infants and minors on public and
private places, public roads, sidewalks, parks, restaurants,
theaters, markets, bridges and other similar places shall be
meted a penalty of P1,000.00.
Any individuals exploiting a disabled person to beg will also
be

meted

penalty

of

P1,

000.00

and

months

imprisonment or both.
SECTION

9.

Non-Butuan

Resident

Mendicants

Mendicants who are not residents of Butuan City when

caught in the act of begging shall be given temporary shelter
by the CSWD and then transported to their home of origin, at
the expense of the City Government of Butuan.
SECTION 10. Exploited Infant or Child Exploited infant
or child who is found begging shall be committed to the care
of his or her parents or otherwise the child shall be
apprehended under Article 141 of PD 603 and be committed
to the care of the CSWD or to any duly licensed child
placement
Organization

agency
(NGO)

or

individual

accredited

or
by

Non-Government
either

the

City

Government of Butuan or National Government and the

Department of Social Welfare and Development (DSWD).
SECTION 11. Senior Citizens Begging Any person sixty
(60) years of age or above when found neglected or
abandoned and engaging in begging shall be committed to
the care of the City Social Welfare and Development (CSWD);
If found to be non-resident of Butuan City, he or she shall be
returned to his original place of residence, at the expense of
the Butuan City Government.
SECTION

12.Syndicate,

Association

or

any

group

exploiting minors, disable or persons with infirmity - It

shall be unlawful for any person, Syndicate, Association or
any group, to utilize, use or exploit any minor or the disable
or persons with infirmity in Mendicancy Trade, and shall upon
conviction be imposed with a maximum fine in the amount
of Ten thousand pesos (P10,000.00) but not more than Fifty
Thousand pesos (P50,000.00) and imprisonment for a period
of three (3) months to six (6) months or both such fine and
imprisonment at the discretion of the court.
SECTION

13.Persons,

associations

and

entities

allowed giving- Persons, associations and entities are

allowed to give cash or any kind of material goods for the
benefit

of

mendicants,

only

to

the

appropriate

and

accredited government agency, which in turn will distribute

the said cash and goods to the intended beneficiaries.

SECTION 14. Enforcements To ensure the successful

implementation of this Ordinance,

the City Government

through the Anti-Mendicancy Task Force shall handle the

arrest, filing of charges, prosecution of mendicants and the
return of non- Butuan resident beggars to their place of
origin.
SECTION 15.Appropriation. An amount of One Million
Pesos (P1, 000,000.00) per year, which shall be taken from
the General fund and shall be appropriated in order to
implement this Ordinance. The budget for subsequent years,
which shall not be less than the amount of the prior years
appropriation, shall be included in the annual budget of the
City Social Welfare and Development.
SECTION 16. Separability Clause If for any reason any
section of provision of this ordinance shall be declared
unconstitutional and invalid the other sections or provisions
which are not affected thereby shall continue to be in full
force and effect.
SECTION 17.Repealing Clause.

All previous ordinances,

executive orders, rules and regulations or parts thereof

which are inconsistent with this ordinance are hereby
repealed and modified accordingly.

SECTION

18.

Effectivity This Ordinance shall take

effect ten days (10) after the publication of a local

newspaper, as set forth by law.

VI.

RECOMMENDATIONS

In a country where the basic costs of food and

transportation are growing rapidly while employment
opportunities remain low, begging is on the rise. In
the streets, on bridges, in front of convenience stores
and on buses, in the city of Butuan, beggars are a
common sight, and one that often evokes pity, are
especially

the

children.

However,

beggars

can

become a nuisance, poking and prodding to call

attention to them. Some beggars have gone to the
lengths

of

developing

intricate

tactics

and

techniques. Gone are the days in which you might

have seen a blind person playing guitar while
appreciative spectators parted ways after leaving a
few coins.
Poverty

and

other

root

causes,

including

discrimination, lie at the heart of much forced child

begging. In some contexts, religious and traditional
values are used to support begging and leave

children vulnerable to forced child begging, though it

seems that such beliefs are often a reflection of
prevailing

economic

conditions

rather

than

an

intrinsic part of cultures. Other contributing factors

for begging are a lack of access to good quality
education and violence and abuse within the home.
The

paper

points

recommendations

toward

for

policy

the

following

makers

and

practitioners:
1. Ensure relevant legislation is in place and
enforce it in a way that acts in the best
interests of the child, the badjaos, and persons
with disability.
Governments must ensure that adequate legislation
is in place to protect children from all forms of
exploitation, including through begging, and punish
those individuals who exploit children for their own
benefit. Laws and provisions must be enforced if they
are to be taken seriously. Legal responses are likely
to be more effective in addressing begging cases,
such as those involving criminal gangs. Fining or
imprisoning

parents

who

have

exploited

their

children is less likely to be in the best interests of the

children concerned. In many of these instances,
working together with families holistically in order to

improve

the

overall

situation

will

have

better

success.However, in extreme cases, children may

need to be taken away from their families and into
protective care for their own safety.
2. Identify, rescue and rehabilitate children who
are forced to beg.
Governments must identify children suffering from
extreme violence or exploitation through begging in
all its different manifestations, immediately remove
them from harm and place them in a safe and caring
environment. Governments should offer rehabilitative
care appropriate to each childs needs and context,
including for example, healthcare, bridging and/or
vocational education, help with drug addiction and
rugby use and, where relevant and appropriate,
careful support with reintegration back into their
families and communities.
3. Prioritise

investment

in

affordable

and

accessible quality education.

Governments

must

prioritise

the

provision

of

affordable and accessible quality education for all

children within their jurisdiction. This would help to
prevent many children from entering forced child
begging and other forms of exploitation in the first

place. It is also essential for equipping children and

young people with an escape route out of poverty
and exploitation. Governments must ensure the
proper regulation of all schools, whether state-funded
or not, to eradicate any abuses and guarantee high
standards across the education sector
4. Conduct prevention activities among families
in vulnerable communities.
Governments and other practitioners must ensure
that prevention efforts at the local community-level
form a central plank of all interventions to tackle
forced child begging and child begging. Where
possible, these should target communities that are
likely to be particularly vulnerable to this form of
exploitation. These include minority groups suffering
discrimination or communities in areas prone to
drought and the consequent push for people to
migrate to wealthier, urban centres.

Awareness-

raising among families about the immediate and

long-term risks of begging in the streets is crucial.
However,

families

also

need

practical

support,

especially through income-generating schemes, to

help remove poverty as a major factor in parents
decisions to send their children away or out to beg.
Awareness-raising

and

income-generating

efforts

should depend on the given context and be sensitive

to specific cultural traditions
5. Conduct training for police and other officials.
Far too often, beggars are treated as a problem by
authorities and not as vulnerable individual in need
of

assistance.

At

worst,

they

are

beaten

and

mistreated by the very authorities who should be

there

to

protect

them.

range

of

training

programmes on protection issues, trafficking and the

different types and experiences of beggars. These
programmes should be targeted at the various
authorities and officials who may come into contact
with

beggars,

such

as

police

and

the

legal

professions. Police and social workers in particular

need help to be able to identify mendicants who may
be forced to beg by others and to respond sensitively
to the particular needs of these persons.
6. Use Inter-Agency approach.
Through the collaboration of the different agencies of
the government, mendicants can be well handled
from the time of apprehension to their proper
management.

Agencies

such

as

the

Philippine

National Police of Butuan City, Department of Social

Welfare and Development, and the creation of

Butuans

Anti-Mendicancy

task

Force

comprised

byDSWD, DTI, DOLE, TESDA, and DepEd, who shall

especially handle mendicancy cases.
7. Raise awareness among the general public.
Those who give to the people who beg should be
made aware that the money they donate is not
always kept by the beggars they want to help, but
may be handed over to others who are exploiting
them. The public could be offered alternative ways to
help those in need. It is probable that the numbers of
people begging and therefore those among them
would fall if individuals stopped giving. However, this
would not address the underlying causes of this form
of exploitation. This approach is suitable, therefore,
only if strategies can be put in place to protect these
beggars from potential loss of income.
8. Address Mendicancy in the context of the
wider problem of street begging.
The extreme rights violations suffered by minors who
are forced to beg mean that this form of exploitation
should be addressed as a priority. Many efforts to
address forced begging, such as preventive work in
the childrens communities of origin and awarenessraising among police, should take place within

broader strategies to counter begging. Likewise,

more general efforts to improve the lives of people
who are begging in the short-term, such as support
with

healthcare,

education,

drug

nutrition,

hygiene,

rehabilitation

access

and

to

family

reintegration, can provide ways to help identify and

remove from harm these mendicants who use
begging in order to survive.