O2018-317 Parental Responsibility
O2018-317 Parental Responsibility
O2018-317 Parental Responsibility
EXCERPT from the Minutes of Session of the Sangguniang Bayan ng Oton, Iloilo recorded during
its Regular Session held at the SB Session Hall on March 21, 2018 at 9:30 in the morning.
PRESENT: Hon. Juan Miguel M. Flores SB Member (Acting Vice Mayor and Presiding Officer)
Hon. Jafet P. Salinas SB Member
Hon. Grace Marie Escanlar–Cruz SB Member
Hon. Lee C. Alison SB Member
Hon. Eusebio G. Villavicencio, Jr. SB Member
Hon. Honorato P. Nad SB Member
Hon. Ma. Lorna T. Geonigo SB Member
Hon. Rodolfo Z. Alconga, Jr. SB Member
Hon. Margarito T. Clavel III SB Member (Liga ng mga Barangay Representative)
On Official Business: Hon. Vicente B. Flores, Jr. Vice Mayor (Acting Mayor)
Absent: None
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(c) “Child Abuse” refers to the maltreatment, whether habitual or not, of the child which includes
any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
(d) “Children” refer to those below the age of eighteen (18) years at the time of any relevant
proceeding including children-in-conflict-with-the-law and/or those over but are unable to fully
take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition
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 including 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 streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
Children in Conflict with the Law (CICL) – refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws
Children Needing Special Protection (CNSP) - refers to all persons below eighteen (18) years
of age or those eighteen (18) years old and over but unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty, violence, exploitation or
discrimination because of a physical or mental disability or condition
(e) “Discipline” is the practice of teaching and guiding the child to obey rules or a code of behavior,
without hurting the child, emotionally, verbally or physically.
(f) “Fraternities/ Sororities” are organizations associated by ties of brotherhood or sisterhood,
officially recognized by the school or the community that requires initiation rites which are
conducted in accordance with Republic Act No. 8049 or the Anti-Hazing Law.
(g) “Gangs” are those groups of persons, not officially recognized by any institution or government,
who go about together or act in concert.
(h) “Hazing” is an initiation rite or practice as a prerequisite for admission into membership in a
fraternity, sorority or organization by placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other
similar tasks or activities or otherwise subjecting him to physical or psychological suffering or
injury.
(i) “Motorcycle” shall mean private motorcycles and scooters of two or three wheels and bicycles
with motor attachments.
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and responsibility shall apply to all authorized activities whether inside or outside the premises of
the school, entity or institution.
In exercising special parental authority, the school, its administrators and teachers shall
take into consideration the guidelines set by the Department of Education through DepEd Order
No. 40, series of 2012 where schools shall adopt a positive and non-violent mode of disciplining
children in order for them to develop their self-esteem and nurture self-discipline.
SECTION 7. NON–RENUNCIATION/ TRANSFER OF PARENTAL AUTHORITY AND
RESPONSIBILITY. Parental authority and responsibility may not be renounced or transferred
except in the case authorized by law.
SECTION 8. SUSPENSION OR TERMINATION PARENTAL AUTHORITY. Parental authority
terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon the emancipation of the child
Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental authority;
or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental authority.
ARTICLE III
THE DUTIES OF PARENTS AND THE RIGHTS OF THE CHILD
SECTION 9. DUTIES OF PARENTS. - The following are responsibilities that parents have toward the
child:
Welfare and Development
1. To report his and/or her missing child to the proper authorities within 24 hours since the
discovery of the child’s absence;
2. To avoid situations which endanger his or her physical safety, expose him or her to harm and
threaten his or her normal development;
3. In cases of children in conflict with the law and children at risk, to cooperate with the proper
authorities for their child to undergo the respective intervention and diversion programs
provided in Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006;
Education
4. To provide him or her with proper education in accordance with the means of the family,
including monitoring his or her attendance and performance in school, and attending parent-
teacher conferences when required;
5. In the case of persons exercising special parental authority, to report to the parents the school
absences of the child the moment these exceed three (3) school days;
Health
6. To provide him or her with proper medical attention and health services as regularly provided
by the Municipal Government, including the complete immunization for diseases for which
vaccines have been developed for administration to children as indicated in Republic Act No.
10152, as well as to allow a newborn child to undergo a newborn screening test and newborn
hearing screening test within the first forty-eight (48) hours from birth, but not later than three
(3) days from the complete delivery;
7. To prevent him or her from becoming addicted to intoxicating drinks, narcotic drugs, smoking,
gambling, and other vices or harmful practices;
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8. To prefer exclusive breastfeeding until the sixth month of the newborn and encourage for its
continuation until the newborn is already two years of age;
Basic Services
9. To register the child in the civil registry within one month from his/ her birth;
10. To be mindful of the fact that the information encoded in the birth certificate or registration of
the child is correct such as the spelling of the name of the child, the child’s sex, birth of date
and other necessary information. This is to prevent the child from going through the tedious
process of change of name or any information because of clerical error provided in Republic
Act 9048 and the Rules of Court; and
11. To provide the child a name that:
a. Is not ridiculous, tainted with dishonor or extremely difficult to write or pronounce.
b. Will not be a cause of inconvenience or hardship to the child in his or her daily life and
other transactions.
SECTION 10. RIGHTS OF THE CHILD. All children shall be entitled to the rights herein set forth without
distinction as to legitimacy, sex, social status, religion, political antecedents, and other factors:
1. Every child is endowed with the dignity and worth of a human being form the moment of his or
her conception, and therefore has the right to be born well and protected from this time.
2. Every child has the right to a family life that will provide him with love, care and understanding,
guidance, and material security. The dependent or abandoned child shall be provided with the
nearest substitute for a home.
3. Every child has the right to a well-rounded development of his personality to the end that he
may become a happy, useful and active member of society. The gifted shall be given
opportunity and encouragement to develop his or her special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education and
care required by his or her particular condition.
4. Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper
medical attention, and all the basic requirements of a healthy and vigorous life.
5. Every child has the right to be brought up in an atmosphere of morality and rectitude for the
enrichment and the strengthening of his character.
6. Every child has the right to an education commensurate with his or her abilities and to the
development of his or her skills for the improvement of his or her capacity for service to himself
or herself and to his or her fellowmen.
7. Every child has the right to full opportunities for safe and wholesome recreation and activities,
individual as well as social, for the wholesome use of his or her leisure hours.
8. Every child has the right to protection against exploitation, improper influences, hazards, and
other conditions or circumstances prejudicial to his or her physical, mental, emotional, social,
and moral development.
9. Every child has the right to live in a community and a society that can offer him an environment
free from pernicious influences and conducive to the promotion of his or her health and the
cultivation of his or her desirable traits and attributes.
10. Every child has the right to an efficient and honest government that will deepen his or her faith
in democracy and inspire him or her with the morality of the constituted authorities both in their
public and private lives.
11. Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination to contribute
his or her share in the building of a better world.
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12. In no case, shall those exercising parental authority, inflict corporal punishment over the child.
13. To have a name that:
a. Is not ridiculous, tainted with dishonor or extremely difficult to write or pronounce.
b. Will not be a cause of inconvenience or hardship to the child in his or her daily life and
other transactions.
ARTICLE IV
CHILD RIGHTS VIOALTIONS, CHILD LABOR & OTHER ACTS AND/OR CONDITIONS
PREJUDICIAL TO THE CHILD’S DEVELOPMENT AND PENALTIES
SECTION 11. ACTS CONSTITUTING NEGLECT OF THE CHILD AND ITS PENALTIES. Acts of
neglect committed by the parents having parental authority shall be punishable with the following:
A. A fine of P500.00 for first offense, then P800.00 for second offense, and P1,000.00 for third
offense shall be imposed on the parents who will perform the following:
1. Allows the child to ride in an overloaded tricycle, whether for hire or otherwise. Overloading
shall be based on the Ordinance on MCH governing the same.
2. Permits the child to engage in gambling and other vices or harmful practices;
3. Allow his or her child to buy intoxicating drinks which will be consumed by the parents
themselves or by other persons upon the order or instruction of the parents;
4. Allows the child to sell, buy, or smoke cigarettes or tobacco products under the Tobacco
Regulation Act of 2003 or Republic Act No. 9211.
5. Fails to present the child at health centers for pre-natal and post natal care and Basic
Immunization Services, which includes (a) BCG Vaccination against tuberculosis; (b)
Inoculation against diphtheria, tetanus, and pertussis; (c) Oral poliomyelitis immunization;
(d) Protection against measles; (e) Immunization against rubella; and (f) such other basic
immunization services that the Department of Health (DOH) prescribe under Presidential
Decree No. 996;
6. Knowingly deprives the child access to sexual health services including Sexually
Transmitted Illnesses (STI), STI-HIV Screenings, and family planning services;
B. A fine of P1,000.00 for first offense, P2,000.00 for second offense, and P2,500.00 for third
offense shall be imposed on the parents who will perform the following:
1. Deliberately fails to monitor the child’s attendance and performance in school, and to
attend, without justifiable grounds, parent-teacher conferences when required by the
school;
2. Allows or requires the child to drive without license or with a license which the parent
knows has been illegally procured. If the motor vehicle driven by the child belongs to a
parent, it shall be presumed that he permitted or ordered the child to drive;
3. Allows the child to ride on an overloaded motorcycle;
4. Allows the child to ride a motorcycle whose feet cannot reach the foot rest of the
motorcycle or those who cannot wrap their arms around the waist of the driver;
5. Allows the child to ride a motorcycle without a proper helmet;
6. In case of parents of children in conflict with the law and/ or children at risk, deliberate non-
cooperation with the authorities or obstruction of the procedures of the diversion and
intervention program provided for by Republic Act 9344 or the Juvenile Justice and
Welfare Act of 2006;
C. A fine of P1,000.00 for first offense, P2,000.00 for second offense, and P2,500.00 for third
offense shall be imposed on the parents who will perform the following:
1. Allow his or her child to join gangs or knowingly allows his or her child to be subjected to
violent initiation rites or prohibited hazing by fraternities or sororities inside or outside
school under Republic Act No. 8049;
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2. Allows the child to sell, buy, or use illegal drugs as defined by Republic Act 9165;
SECTION 12. TORTS.–Pursuant to Article 221 of the Family Code, parents and those exercising parental
authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their
unemancipated children living in their company and under their parental authority subject to the
appropriate defenses provided by law.
SECTION 13. PARENT EFFECTIVENESS SERVICE SESSIONS– Parent Effectiveness Service (PES)
sessions shall be meted out in addition to the penalties mentioned in section 11 of this Ordinance
well as Responsible Parenting Movement”
SECTION 14. MANDATORY ATTENDANCE OF BOTH PARENTS DURING PARENT EFFECTIVENESS
SERVICE SESSIONS. – Except for solo parents, court appointed guardians, or those exercising
substitute parental authority, all cases of violations under this Ordinance, not only the violator
should undergo PES but both of the parents should be present in the said sessions. The child
whose right was violated in this ordinance shall also be present during the said sessions.
SECTION 15. OTON FAMILY WELLNESS TEAM. There shall be created/ established a Family
Wellness Team to be composed of:
1. Chair – MSWDO
2. Vice Chair – SB Chair on Women and Family
3. Members:
a) President Municipal FSCA
b) President Youth Organization
c) 2 Reps from Faith-based Organizations
d) 2 Reps from NGOs with Family Concerns
e) President of Women’s Organization
f) President of Men’s Organization
g) President of Federated PTA of Oton
The following are the duties of the Team:
A) The team shall undergo specialized trainings to effectively and sustainably address parental
issues that may be called upon to handle or resolve. These trainings may include but not
limited to Guidance and Counseling, Anger Management, Conflict Resolution and Values
Formation, among others;
B) Crafting policy recommendations for executive or legislative action geared to strengthen family
wellness ;
C) Device a monitoring plan and create a monitoring tool to effectively capture the family profile of
the municipality of Oton;
D) Assist the municipality through active advocacy in developing a family wellness program.
SECTION 16. WHO AND WHERE TO FILE A COMPLAINT. – Any concerned responsible citizen with
personal knowledge of the acts constituting neglect as mentioned in section 11 of this ordinance
may file a complaint against the erring parent(s). The BCPC and law enforcement authorities may
also file a complaint against the erring parent(s). Complaints on violation of this Ordinance shall be
filed with the MSWDO.
SECTION 17. ROLE OF THE BARANGAY. – In cases of violations of this Ordinance, the BCPC shall
summon parents who are living within their jurisdiction and committed any of the prohibited acts
enumerated in Section 11.
SECTION 18. ROLE OF THE MUNICIPAL SOCIAL WELFARE DEVELOPMENT OFFICE. – The social
workers of the Oton Municipal Social Welfare and Development Office,(OMSWDO) assisted by the
municipal parent effectiveness service team shall lead the conduct of the PES sessions in the
barangays, and shall teach, train and develop proper barangay personnel in the conduct of such
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activities. Furthermore, the MSWDO shall provide the necessary technical assistance and
monitoring of the BCPC.
SECTION19. INCLUSION IN THE PRE-MARRIAGE COUNSELLING. This ordinance shall be included
in the lecture of the MSWDO during the conduct of the pre-marriage counselling.
ARTICLE VI
FINAL PROVISIONS
SECTION 19. IMPLEMENTING RULES AND REGULATIONS. –The Implementing Rules and Regulations
shall be crafted within ninety (90) days after the publication of this Ordinance.
SECTION 20. BUDGET ALLOCATION. The funds for this Ordinance shall be in the amount of
P100,000.00 and to be included in the GAD Program and Budget of the Municipality.
SECTION 21. REPEALING CLAUSE. All other policies, resolutions or ordinances that are not consistent
with the provisions of this ordinance are hereby repealed, amended or modified accordingly.
SECTION 22. SEPARABILITY CLAUSE. If, for any reason or reasons, any part or provision of this
Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are
not affected thereby shall continue to be in full force and effect.
SECTION 23. EFFECTIVITY. Based on Section 511 of the Local Government Code, this Ordinance with
penal sanctions shall take effect either on the day following its publication, or at the end of three (3)
consecutive weeks period of posting, whichever occurs later.
SECTION 24. COPIES. This Ordinance shall be furnished to the Office of the Mayor; MSWDO,
Liga ng mga Barangay, 37 Barangays, ALL Schools in the Municipality, and the Sangguniang
Panlalawigan of Iloilo for information, guidance and review respectively.
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WE HEREBY CERTIFY, CONCUR AND ATTEST respectively to the correctness of the foregoing Ordinance.
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