Article 17. Final Provisions Section 91. Persons Who May File a Complaint – Complains on unlawful acts committed against children as enumerate d herein may be filed by the following: a. Offended party; b. Parents or guardians; c. Ascendant or collateral relative within the third degree of consanguinity; d. Officer, social worker or representative of a licensed child - caring institutions; e. Officer or social wo rker of the Department of Social Welfare and Development; f. Barangay chairperson; or g. At least three (3) concerned responsible citizens residing in the community where the violation occurred. Section 92. Protective Custody of the Child – The offended party s hall be immediately placed under the protective custody of the Department of Social Welfare and Development through the local social welfare and development officer pursuant to Executive Order No. 56, series of 1986 in the regular performance of this funct ion, the officer of the Department of Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provision of Presidential Decree No. 603. Section 93. Confidential ity - At the instance of the offended party, his/her name maybe withheld from public records until the court acquires jurisdiction over the case. It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, annou ncer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any in case in violation of this Act which results in the moral degradation and suffering of the offended party. Section 94. Reporting – Any person who may have knowledge of any violation of this Act shall report the same to the proper authorities and such person shall be given witness protection. Such report shall be treated with ut most confidentiality and shall be filed with the DSWD - ARMM or the Office of the Fiscal. The penalty of imprisonment of not more than one (1) year shall be imposed on any person who has knowledge of any violation of the provision of this Act but fails, refuses or neglects to report. Section 95. Mandatory Reporting – The head of any public or private hospital, medical clinic and similar institution, as well as the attending physicians and nurses, shall report, either orally or in writing, to the above - me ntioned department or agency the examination and/or treatment of a child who appears to have suffered abuse within forty - eight (48) hours from the knowledge of the same. Section 96. Duty of Government Workers to Report - It shall be the duty of all teacher s and administrators in public schools, probation officers, government lawyers, law enforcement officers, barangay officials, correction officers and other government officials 31 and employees whose work involves dealing with children to report of possible c hild abuse to the authorities mentioned in the preceding sections. Section 97. Failure to Report – Any individual mentioned in Section 93 who possesses knowledge of a possible child abuse and fails to report the case to the proper authorities shall be pun ishable under R.A. 7610/ R.A. 7658 as amended. Section 98. Immunity for Reporting - Any person who, acting in good faith, reports a case of child abuse shall be free from any civil or administrative liability arising there from. There shall be a presumptio n that any such person acted in good faith. Section 99. Penalties – The penalty of any violation of this Act, which is not penalized elsewhere in other section of this Act or in a national law, shall be imprisonment of six (6) months to one (1) year and /or a fine ranging from P 500.00 to P 1, 000.00. For first time offenders, in case where the offender is the parent or teacher of the child or relatives within the fourth degree of consanguinity, if the offender admits the offense and is sincere and w illing to reform, the penalty may be waived subject to the consent of the child, and the following measures imposed instead: a. Attendance in a parenting or any appropriate seminar; b. Community service of ten to fifteen (10 - 15) days; c. Counseling sessions; d. Famil y therapy; e. Participation in appropriate training courses. For offenses punishable under R.A 7610, R.A. 7658, the Revised Penal Code or any other law as well as this Act, the offended party and/or any party so authorized shall file a complaint under the n ational law, and the penalty in such national law shall be imposed. Failure to comply with the pertinent provisions of this Act by the concerned local chief executive, members of legislative bodies and/or head of offices or bodies shall constitute dereli ction of duty subject to penalties prescribed under the Local Government Code and other pertinent laws. Section 100. Appropriations for Children’s Programs – The initial amount of P 5,000,000.00 necessary to carry out the provisions of this Act is hereby a uthorized to be appropriated out of the regional local funds in the year following its enactment into law and thereafter. The programming of the said appropriation shall be done by the Regional Sub - Committee for the Welfare of Children (RSCWC) in consulta tion with L ocal C ouncils for the P rotection of C hildren. Section 101. Separability Clause - should any provision of this Act be declared unconstitutional, such provision shall not affect the force and effect of the remaining provisions of this Act. Secti on 102 . Applicability Clause – All other matters relating to the imposition or regulations provided in this Code shall be governed by the pertinent provisions of existing laws and other ordinances. This Code shall apply to all the people within the territo rial 32 jurisdiction of the ARMM, and to all persons, who may be subject to the provisions of this Act. Section 103. Repealing Clause – All Regional Laws, Ordinances, Rules and Regulations inconsistent with the provisions of this Act are hereby repealed or m odified accordingly. Section 104. Effectivity Clause – This Act shall take effect upon its publication in any two (2) newspapers of regional circulation. APPROVED , _____________________________. Principal Author: Hon. IBRAHIM P. IBAY, DMD Co – Authors: Hon. UMBRAH A. DATUMANONG Hon. RAJAM M. AKBAR Hon. ISMAEL B. ABUBAKAR, JR. Hon. TOMMY A. ALA Ho n. JULIET L. TAMMANG Hon. MAULANA M. OMAR Hon. S ULTAN USMAN T. SARANGANI Hon. ABRAHAM T. BURAHAN Hon. SUHARTO S. MIDTIMBAN G Hon. HARISUL T. SAMANUL Hon. SAADUDDIN M. ALAUYA, JR. Hon. ANSARUDDIN A. ADIONG
Posted on: Sun, 20 Jul 2014 07:37:05 +0000
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