MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ EXECUTIVE ORDER NO. 67, August 06, 2024 ]
CREATING THE PRESIDENTIAL OFFICE FOR CHILD PROTECTION
WHEREAS, Section 3(2), Article XV of the Constitution mandates the State to defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development;
WHEREAS, Section 2 of Republic Act (RA) of 7610 or the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act," as amended, provides that the State shall, among others: (a) provide special protection to children from all forms of abuse, neglect. cruelty, exploitation and discrimination, and other conditions prejudicial to their development, including child labor, in its worst forms, as well as sanctions for their commission; (b) carry out a program for the prevention and deterrence of child abuse, exploitation and discrimination, as well as crisis intervention in such situations; and (c) exert every effort to promote the welfare of children and enhance their opportunities for a useful and happy life;
WHEREAS, Article 205 of Presidential Decree No. 603, as amended by Executive Order (EO) Nos. 233 (s. 1987), 778 (s. 2009), and 806 (s. 2009), created the Council for the Welfare of Children (CWC) to coordinate the implementation and enforcement of all laws relative to the promotion of child and youth welfare;
WHEREAS, EO No. 275 (s. 1995), as amended by EO No. 53 (s. 2011), established the Committee for the Special Protection of Children (CSPC) to coordinate and monitor the investigation and prosecution of cases involving violations of RA No. 7610 and other child-related criminal laws;
WHEREAS, EO No. 92 (s. 2019) created the National Council Against Child Labor (NCACL) to, among others, formulate a framework, national action plan, and such other policies, guidelines, and programs for the effective implementation of RA No. 7610;
WHEREAS, Section 20 of RA No. 9208 or the "Anti-Trafficking in Persons Act of 2003" established the Inter-Agency Council Against Trafficking (IACAT) to, among others, formulate a comprehensive and integrated program to prevent and suppress trafficking in persons;
WHEREAS, Section 30 of RA No. 11930 or the "Anti-Online Sexual Abuse or Exploitation Materials (CSAEM) Act" created the National Coordination Center Against OSAEC and CSAEM ("National Coordination Center") under the IACAT to develop and implement the necessary programs to prevent any form of child sexual abuse or exploitation, as well s protect, heal and reintegrate the child into the mainstream society;
WHEREAS, RA No. 10410 or the "Early Years Act of 2013" created the Early Childhood Care and Development (ECCD) Council to implement the National ECCD System, which refers to the full range of health, nutrition, early education and social services development programs that provide for the basic holistic needs of young children from age zero (0) to four (4) years;
WHEREAS, Article 36 of the United Nations Convention on the Rights of the Child (UNCRC) mandates States Parties, such as the Philippines, to protect the child against all the forms of exploitation prejudicial to any aspect of the child's welfare;
WHEREAS, Article 6 of the International Labor Organization Convention No. 182 on the Elimination of the Worst Forms of Child Labor ("Worst Forms of Child Labor Convention") requires States Parties, such as the Philippines, to design and implement priority programs of action to eliminate the worst forms of child labor;
WHEREAS, in view of the increasing OSAEC cases and other threats to the welfare of children in the Philippines, and consistent with the Philippine Development Plan 2023-2028 which provides that the protection of children from physical and mental distress is a key strategy to achieve transformative social system, it is imperative to ensure a whole-of-nation approach in strengthening existing institutional and legal framework on child protection; and
WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all executive departments, bureaus, and offices and the mandate to ensure the faithful execution of laws;
NOW, THEREFORE, I, FERDINAND R, MARCOS, JR., President of the Philippines, by virtue vested in me by the Constitution and existing laws, do hereby order:
Section 1. Creation. The Presidential Office for Child Protection (POCP) is hereby created under the Office of the President (OP). The POCP shall be headed by a Presidential Adviser for Child Protection (PACP) who shall be under control and supervision of the Special Assistant to the President, consistent with EO No. 11 (s. 2023).
Section 2. Duties and Functions. The POCP shall monitor and harmonize government thrusts, policies, and programs relative to the protection of children and the promotion of their welfare, with special focus on anti-OSAEC, anti-CSAEM, and anti-child trafficking matters. To this end, the POCP shall:
a. Submit policy recommendations to the President, as well as monitor the implementation of Presidential directives or priority programs and projects regarding the welfare and protection of children;
b. Promote and monitor the harmonization, integration and non-duplication of relevant government thrusts, policies, and programs;
c. Coordinate and collaborate with the CWC and other relevant government agencies and bodies, as well as civil society groups, towards the formulation or updating of the National Plan of Action for Children;
d. Coordinate and collaborate with the IACAT and National Coordination Center in the formulation and implementation of programs to combat OSAEC, CSAEM, and child-trafficking;
e. Identify and recommend the prioritization of urgent government interventions for the protection of children;
f. Subject to existing laws, rules, and regulations, represent the Philippines in relevant international fora and initiatives, and monitor the government's compliance with its duties and obligations under the UNCRC, Worst Forms of Child Labor Convention and such other similar international legal instruments;
g. As may be necessary, convene technical working groups for the effective implementation of this Order; and
h. Perform such other duties and functions as the President and/or the Executive Secretary may direct.
Section 3. Member Representative. Subject to existing laws, rules, and regulations, the PACP shall be included as a Member, representing the OP, in the following:
a. National Coordination Center;
b. IACAT;
c. CWC;
d. NCACL; and
e. CSPC.
The President and/or the Executive Secretary may, upon recommendation of the Special Assistant to the President, designate the PACP as Member or an Observer in such other similar government agencies and bodies with functions related to child protection, as may be necessary and subject to existing laws, rules, and regulations.ℒαwρhi৷
Section 4. Organizational Structure and Staffing Pattern. The POCP shall be supported by a staff complement who shall possess the necessary background or expertise in the filed of child protection. In this regard, the PACP, in coordination with the Office of the Deputy Executive Secretary for Finance and Administration, shall determine the organizational structure, appropriate staffing pattern and corresponding qualification standards for all positions in the POCP, and submit the same for review and approval of the President and/or the Department of Budget and Management (DBM), subject to existing laws, rules and regulations, including the Organization and Staffing Standards and Guidelines issued by the DBM and the Civil Service Commission.
Section 5. Funding. The funding requirements for the initial implementation of this Order shall be charged against the current and available appropriations of the OP and such other sources as may be determined by the DBM. Thereafter, the funding requirements for the continued implementation of this Order shall be included in the budget proposal of the POCP, subject to the usual budget preparation process.
Section 6. Separability. If any section or part of this Order is declared unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect.
Section 7. Repeal. All orders, rules, regulations, and issuances or parts thereof, which are inconsistent with this Order, are hereby repealed or modified accordingly.
Section 8. Effectivity. This Order shall take effect immediately upon its publication in the Official Gazette or in a newspaper of general circulation.
DONE, in the City of Manila, this 06 day of August, in the year of Our Lord, Two Thousand and Twenty-Four.
(Sgd.) FERDINAND R. MARCOS, JR.
By the President:
(Sgd.) LUCAS P. BERSAMIN
Executive Secretary
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