Executive Summary, Philippine NGO Report on the Implementation of UNCRC

Childrens NGO Network, October 2004.

Executive Summary
This report came about through a series of consultation workshops initiated by the
Childrens NGO Network based in the Visayas, with participation of around forty NGOs
in the Visayas and Mindanao. These include consultation workshops on the UNCRC
held on June 16-18, 1997 and September 9-11, 2004, consultations on different themes
such as Child Abuse (January 1998), Juvenile Justice (October 1998), Child Support
(June 2000), all held in Cebu City.
MAJOR FINDINGS:
The following summarizes the findings during the consultation workshops
conducted:
General Comments on the State Report. The State report includes the NGO,
religious and other groups accomplishments in implementing the UNCRC instead of
focusing on its own programs and activities. Many of the programs of the government
such as the organizing of the Local Councils for the Protection of Children, particularly
the Barangay Council for the Protection of Children (BCPC) which is included in the
report is successful only in areas where there are NGOs who are pushing for it.
The report generally does not reflect what is happening particularly at the
provincial, municipal and barangay (village) levels. Most of the programs mentioned do
not include data at the local levels. Many programs/bodies created by government are
probably implemented only at the national level since the local levels are not aware of it
such as the Special Committee for the Protection of Children, Philippine Plan of Action
for Children, Child 21, Unlad Kabataan Programme (UKP), Program on communitybased rehabilitation, among others.
The effect of national policies on children, i.e., privatization, globalization, and
the proposed constitutional amendments have not been considered in the report. These
policies would definitely affect the provision of services for children.
Lastly, the report does not emphasize what the government has done regarding the
recommendations of the committee in its first report. This includes the existing
discrimination against children born out of wedlock, the lack of a comprehensive juvenile
justice system and the lack of a monitoring system for the UNCRC. Although there are
already some improvements like the passage of R.A. 9255 on illegitimate children and
the SC Rules on Juveniles in Conflict with the Law, still, these measures are not enough.
General Measures of Implementation. The Philippine government through
Congress has enacted laws implementing some provisions of the CRC such as R.A. 7610,
R.A. 7658, Implementing Rules and Regulations on Juvenile Justice (based on P.D. 603),
Inter-country Adoption Code, Anti-trafficking in Persons Act, Anti-Violence Against
Women and Their Children Act, and others. These laws, however, have not been effective
in addressing the problem of violation of child rights particularly child abuse and

Executive Summary, Philippine NGO Report on the Implementation of UNCRC

Childrens NGO Network, October 2004.

exploitation. It is obvious that these laws are hurriedly enacted just to comply with the
provisions in the CRC. Thus, there are defects or gaps in the law itself which hinder its
full implementation.
One concern is regarding juvenile justice. Until now, there is yet no
comprehensive law on juvenile justice that implements the international standards. There
are some rules made by the Supreme Court and other administrative agencies to address
the matter but these are not enough. There are other existing laws, some of the provisions
of which are contrary to the UNCRC which have not been amended by Congress.
Another concern is on the mechanisms to ensure implementation of the CRC and
the budget appropriation. The Philippines does not have an Ombudsman for Children to
monitor implementation of CRC. As for the budget, although the government claims to
have an increase in the budget for children, this is still not enough. There is also a need
for further analysis of the budget, if children are considered as among the priority. There
is also a need to look at the budgets at the local level.
It is good that there is international cooperation since UNICEF and ILO-IPEC has
been funding government programs on children. However, the problem is that the
government has been largely dependent on these foreign agencies in the implementation
of programs. Like only the UNICEF pilot areas are implementing comprehensive
programs for children.
Definition of a Child. The age of sexual consent is not clear. Statutory rape is
below 12, seduction and child sexual abuse is below 18, 18 is the marrying age but needs
parental consent up to 21 years old. Minimum age of criminal liability at nine years old
is too low.
General Principles. There is discrimination against children of indigenous
people, children with disabilities, children born out of wedlock and children in conflict
with the law in terms of services. There is a need to examine the programs mentioned by
the government like TEEP if it really serves the indigenous cultural communities.
Programs for child participation such as childrens congresses, formation of
organizations are limited and are mostly in the major cities. Childs right to association is
generally restricted particularly in the rural areas. Children are not protected from
information materials that are inappropriate from sources such as the internet and cellular
phones.
Civil Rights and Freedom. The programs of government regarding unregistered
children is not widely disseminated. Many are still restricted because of the registration
fees since not all LGUs have repealed its imposition.
Though there are laws prohibiting corporal punishment, many parents and
teachers still use corporal punishment. In fact, children deaths have been reported due to
corporal punishment.

Executive Summary, Philippine NGO Report on the Implementation of UNCRC

Childrens NGO Network, October 2004.

Family Environment and Alternative Care. The different programs on parental

guidance (ERPAT, PES, UKP) are not consistently implemented, most are only
implemented in major cities and the municipalities near the major cities only. Pre Marital
Counseling is implemented in getting a marriage license but attendance is merely for
compliance. Solo parent act is not disseminated. Foster care is not widely available and
is successful mostly in areas where NGOs are implementing it. There is also a lack of
child-caring institutions and other alternative care services. Most are run by NGOs.
Many illegitimate children, children of overseas workers and children of
foreigners have difficulty in demanding support from their parents. For illegitimate
children, it is difficult to prove paternity, DNA testing is expensive and inaccessible. For
those involving parents who are abroad or are foreigners, it is difficult to trace them if
they transfer residence. Courts cannot also enforce their orders.
Basic Health and Welfare. Though there have been significant improvement in
the health status like in the data on under-five mortality and being declared as polio-free,
still, access to health services especially in far-flung areas remain. As for Children with
Disabilities, although there are laws and programs for children with disabilities as stated
by the report, it is inadequate, particularly on early detection and support services for
these children, particularly outside Metro Manila.
Education, Leisure and Cultural Activities. Education is supposed to be free but
there are certain expenses that are not free like school uniforms. Many of the programs
such as Government Assistance to Students and Teachers in Private Education
(GASTPE), Educational Service Contract (ESC) and Tuition Fee Supplement (TFS),
UKP, among others have limited coverage. Cohort survival rates as stated in the report is
still a cause for concern.
Special Protection Measures. Although the government has laws and programs
to protect children in need of special protection such as the child refugees, children in
armed conflict, children in conflict with the law, child laborers, prostituted children,
sexually abused children, children of indigenous communities, and children involved in
drugs, the services are insufficient. These services would include the rehabilitation and
the reintegration of these children to society.
Environmental Concerns. Environmental problems such as pollution,
degradation of natural resources affects children because they are more vulnerable to
illnesses from the environment. They are also the ones who will suffer when the natural
resources have been depleted.
Economic and Social Crisis Affecting Childrens plight. Lastly, the plight of the
children in the Philippines is closely related with the crisis of Philippine society which is
reflected in the family. This crisis in the family at times lead to exploitation of children in
labor and prostitution. It is also important to note that because of this crisis, family
members seek employment abroad. Thus, children are separated from their parents. This

Executive Summary, Philippine NGO Report on the Implementation of UNCRC

Childrens NGO Network, October 2004.

should be a major concern of the government since they are encouraging Overseas
Filipino Workers (OFWs) because of their contribution to the economy through their
remittances.
CONCLUSION AND RECOMMENDATIONS
In addressing the issue of childs rights in the Philippines, it is important that this
be taken in the light of the overall socio-economic and political conditions in the country.
However, this present crisis, should not be made as an excuse for the exploitation
of children and a reason why government should not prioritize their needs. The
government should not only answer the economic crisis but should undertake measures to
protect the children.
The Philippines being a signatory of the UNCRC, is bound to implement the
rights provided therein.
In summary, our recommendations are as follows:
1. A systematic review of Philippine Laws vis--vis the provisions of the UNCRC and
other related international instruments to which the Philippines is a signatory, should
be undertaken by congress so that they can systematically enact the appropriate laws
and not just pay attention to these when it is reporting year or when the UN
committee is about to examine the state party report. The appropriate laws could
include:
a) Immediate passage of the law providing a Comprehensive Juvenile Justice
System and Delinquency Prevention Program;
b) Enact a policy that those hiring Filipino workers abroad should also provide
for the travel, sustenance and provisions for his family as well;
c) Repealing the provision in the Family Code regarding the classification of
children into legitimate and illegitimate as this violates the non-discrimination
principle.
2. That the government exert efforts to implement existing laws on children and to
implement programs for the full implementation of the UNCRC:
a) That comprehensive guidelines be provided and budget be allocated to the
concerned government agencies for the implementation of the Philippine
Program of Action for Children (PPAC) not only in the national but also at the
local levels;
b) That the government more efforts and provide programs to reach out to
children with disabilities and children of indigenous communities so that they
will not be deprived of the basic services that they need.
c) That the proper government agencies and embassies where there are migrant
workers should monitor possible cases of children of migrant workers who

Executive Summary, Philippine NGO Report on the Implementation of UNCRC

Childrens NGO Network, October 2004.

d)
e)

f)

g)

h)

may possibly be illegal aliens and provide support services for these children
born without any identity
That the local government units constitute the local councils for the welfare of
children up to the barangays level.
That the Childs Rights be incorporated by the Department of Education in the
curriculum of elementary schools, to include and emphasize their right to
expression and to empower the children so that they will be capacitated to
genuinely participate in decision-making and governance;
That government implement measures to improve the economic and social
conditions and to provide rehabilitation, physical and psychological recovery
and social reintegration of other children affected by the armed conflict, not
only those that have been arrested;
That environmental laws be strictly enforced by government. Secondly, that
in all types of development particularly those that would affect the
environment, the particular effects on the children should be considered and
that a precautionary approach be taken
That courts should monitor cases brought before them so that children should
not reach the death row.

3. Government should work together with the NGOs for the following:
a) Information dissemination and education on the CRC to LGUs, NGOs and
POs;
b) Rehabilitation and care of children in conflict with the law and children in
situation of armed conflict;
c) Provide more venue for child participation;
d) Trainings of law enforcers, prosecutors and judges;
e) Services to protect and rehabilitate child victims of abuse;
f) Other services that the government cannot provide for the children.
4. Government should implement economic reform programs and laws that generally
affect the poor and marginalized such as poverty reduction and economic reform
measures and implementation of genuine agrarian reform