LECTURE ON THE BARANGAY COUNCIL FOR THE PROTECTION OF

CHILDREN (BCPC)

Introduction:

Children and young people have the same general human rights as adults and also
specific rights that recognize their special needs. Children are neither the property of
their parents nor are they helpless objects of charity. They are human beings and are
the subject of their own rights.

Children are individuals. Children are neither the possessions of parents nor of the
state, nor are they mere people-in-the-making; they have equal status as members of
the human family.

Because they are still developing, children are especially vulnerable – more so than
adults – to poor living conditions such as poverty, inadequate health care, nutrition, safe
water, housing and environmental pollution. The effects of disease, malnutrition and
poverty threaten the future of children and therefore the future of the societies in which
they live.

A child one who is below 18 years of age or one who is over 18 years of age but who
cannot take care of himself fully because of a physical or mental disability or condition.

BCPC is a council fully harnessed to be an efficient and effective advocate of child

rights, and implementor of all children’s programs in the barangay.It is a council fully
harnessed to be an efficient and effective advocate of child rights, and implementor of
all children’s programs in the barangay.

The role of the BCPC is significant, especially that there are cases involving children in
the city.The BCPC is composed of the punong barangay (village chief) as chair, chair of
the committees of on health, education and family, barangay secretary, a child
representative and concerned government agencies.

A. Basis for the creation of Barangay Council for the Protection of Children:

1. Section 17 of Republic Act No. 7160, The Local Government Code of

1991: Barangays being the basic political unit shall endeavor to provide for an
effective and efficient provision of basic services and facilities including
programs and projects for children and youth. This would include
establishment of day-care centers, sports center, other facilities for children
and youth. In Section 391 of the said code, pertaining to the powers, functions
and duties of the Sangguniang Barangay, the law provides the following: 19)
Provide for the proper development and welfare of children in the barangay
by promoting and supporting activities for the protection and total
development of children, particularly those below seven (7) years of age;(20)
Adopt measures towards the prevention and eradication of drug abuse, child
abuse, and juvenile delinquency;(21) Initiate the establishment of a barangay
high school, whenever feasible, in accordance with law;(22) Provide for the
establishment of a non-formal education center in the barangay whenever
feasible, in coordination with the Department of Education, Culture and
Sports;
2. Republic Act No. 7610, Special Protection of Children Against Abuse,
Exploitation and Discrimination Act.": It is hereby declared to be the policy
of the State to provide special protection to children from all firms of abuse,
neglect, cruelty exploitation and discrimination and other conditions,
prejudicial their development; provide sanctions for their commission and
1
 carry out a program for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination; It shall be the policy
of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which affect or will affect their survival and
normal development and over which they have no control. The best interests
of children shall be the paramount consideration in all actions concerning
them.
3. Art. 359, 360, 361, 362, 363 of the New Civil Code: Article 359. The
government promotes the full growth of the faculties of every child. For this
purpose, the government will establish, whenever possible: (1) Schools in
every barrio, municipality and city where optional religious instruction shall be
taught as part of the curriculum at the option of the parent or guardian; (2)
Puericulture and similar centers; (3) Councils for the Protection of Children;
and (4) Juvenile courts; Article 360. The Council for the Protection of Children
shall look after the welfare of children in the municipality. It shall, among other
functions: (1) Foster the education of every child in the municipality; (2)
Encourage the cultivation of the duties of parents; (3) Protect and assist
abandoned or mistreated children, and orphans; (4) Take steps to prevent
juvenile delinquency; (5) Adopt measures for the health of children; (6)
Promote the opening and maintenance of playgrounds; (7) Coordinate the
activities of organizations devoted to the welfare of children, and secure their
cooperation; Article 361. Juvenile courts will be established, as far as
practicable, in every chartered city or large municipality; Article 362.
Whenever a child is found delinquent by any court, the father, mother, or
guardian may in a proper case be judicially admonished; Article 363. In all
questions on the care, custody, education and property of children the latter's
welfare shall be paramount. No mother shall be separated from her child
under seven years of age, unless the court finds compelling reasons for such
measure.
4. Presidential Decree (PD) 603, Article 87, the Children and Youth Welfare
Code: “Every Barangay council shall encourage the organization of a Local
Council for the Protection of Children (LCPC) and shall coordinate with the
Council for the Welfare of Children in drawing and implementing plans for the
promotion of child and youth welfare; said law also provides that The Council
shall assist parents, with behavioral problems whenever necessary, in
securing expert guidance counseling from the proper governmental or private
welfare agency.
5. Section 15, Republic Act No. 9344, The Juvenile Justice And Welfare Act
of 2006: mandates the LGUs to establish Local Councils for the Protection of
Children and allocate one percent of their internal revenue allotment for
strengthening and implementation of programs and projects of the said
council.In the law’s declaration of state policy it was declared among others
that The State likewise recognizes the right of children to assistance,
including proper care and nutrition, and special protection from all forms of
neglect, abuse, cruelty and exploitation, and other conditions prejudicial to
their development. ("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 the
least detrimental available alternative for safeguarding the growth and
development of the child) SEC. 6. Minimum Age of Criminal
Responsibility. - A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However,
the child shall be subjected to an intervention program pursuant to Section 20
of this Act; A child above fifteen (15) years but below eighteen (18) years of
age shall likewise be exempt from criminal liability and be subjected to an
intervention program, unless he/she has acted with discernment, in which

2
 case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.; The exemption from criminal liability herein
established does not include exemption from civil liability, which shall be
enforced in accordance with existing laws.) TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL
RESPONSIBILITY; SEC. 20. Children Below the Age of Criminal
Responsibility. - If it has been determined that the child taken into custody is
fifteen (15) years old or below, the authority which will have an initial contact
with the child has the duty to immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof, the child's nearest
relative. Said authority shall give notice to the local social welfare and
development officer who will determine the appropriate programs in
consultation with the child and to the person having custody over the child. If
the parents, guardians or nearest relatives cannot be located, or if they refuse
to take custody, the child may be released to any of the following: a duly
registered nongovernmental or religious organization; a barangay official or a
member of the Barangay Council for the Protection of Children (BCPC); a
local social welfare and development officer; or when and where appropriate,
the DSWD. If the child referred to herein has been found by the Local Social
Welfare and Development Office to be abandoned, neglected or abused by
his parents, or in the event that the parents will not comply with the prevention
program, the proper petition for involuntary commitment shall be filed by the
DSWD or the Local Social Welfare and Development Office pursuant to
Presidential Decree No. 603, otherwise,known as "The Child and Youth
Welfare Code".
6. DILG Memorandum Circulars: MC 90-04 (1990): Enjoined all Barangay
Captain to establish within the structure at their respective BDC the local
council for the protection of children; (MC 91-56,91-57 (1991), MC 92-70
(1992), MC 94-14 (1994): adoption of the implementing guidelines of M.O. 39
and the revised guidelines on the reorganization of local sub-committees for
the welfare of children; MC 96-139 (1996); MC 02-121: Revised Guidelines
on the organization and strengthening of the LCPC incorporating thereat
Early Child Care and Development; enjoins chief executives to organize or re-
organize their respective LCC for the protection of Children and MC 02-126.
(revised guidelines in monitoring the functionality of LCPC at all levels)
7. The Phil Constitution: the State shall protect the right of children to
assistance, including proper care and nutrition and special protection from all
forms of abuse, neglect, cruelty, exploitation and other conditions prejudicial
to their development

Where can I report child abuse cases?

You may report the matter to the:

 Department of Social Welfare & Development or to the Child Health and

Intervention and Protective Service (CHIPS) Tel. No. 734-4216

 Anti-Child Abuse, Discrimination, Exploitation Division (ACADED) National

Bureau of Investigation Tel. Nos. 525-6028/525-8231 loc. 403 & 444

 Commission on Human Rights Child Rights Center Tel. No. 927-4033 (Mon-Fri
during office hours)

 Philippine National Police Operation Center Tel. Nos. 712-8613/722-0540 & 724
8749 or nearest police station

3
  DOJ Task Force on Child Protection, Tel. Nos. 523-8481 to 89 or contact the
nearest Provincial, City or Regional Prosecutor

 Local Barangay Council for the Protection of Children

Who can file a complaint for child abuse?

1. The child victim

2. The parent or legal guardian of the victim
3. The grandparent, or relative of the child victim up to a first cousin
4. The Barangay Chairman
5. One of a group of 3 or more persons who have personal knowledge of
the abuse.

BARANGAY COUNCIL FOR THE PROTECTION OF CHILDREN (BCPC)

Functions:

1. Foster education of every child;

2. Take steps to prevent juvenile delinquency and assist parents of children with
behavioral problems;
3. Adopt measures for the health of children;
4. Conduct capability-building projects to increase knowledge and skills in handling
children’s programs;
5. Encourage the proper performance of the duties and responsibilities of parents, and
provide learning opportunities on the adequate rearing of children and positive parent-
child relationship;
6. Promote wholesome entertainment in the community, especially in movie houses;
7. Prepare Annual Work and Financial Plan (AWFP) for children and recommend
appropriations to the Sanggunian;
8. Provide coordinate linkages with other agencies and institutions in the planning,
monitoring and evaluation of plans for children;
9. Establish and maintain a database on children in the barangay;
10. Advocate for the establishment and maintenance of playgrounds, day care centers, and
other facilities for child and youth development;
11. Advocate for the passage of barangay resolutions/ordinances responsive to child-
related issues and concerns, and ensure the inclusion of children’s program in the
executive agenda;
12. Protect and assist children in need of special protection, and refer cases filed against
child abusers to proper agencies
13. Monitor situational reports on children, prepare quarterly updates; and
14. Perform such other functions and other child related laws especially in matters of child
and parent education, health, entertainment, etc.

if BCPCs are actively functioning, such cases involving delinquent doing of minors will be addressed and prevented in
the Barangay level as first responder of their respective covered areas.

The Philippine government has a body to look into the affairs of children specifically
on the barangay level, that is the Barangay Council for Protection of Children
(BCPC).