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epartment of Cbutatton

07 JUN 2016 DepEd MEMORANDUM No. , s. 2016 93 DISSEMINATION OF REPUBLIC ACT NO. 10821 (An Act Mandating the Provision of Emergency Relief and Protection for Children Before, During, and After Disasters and Other Emergency Situations) To:

Undersecretaries Assistant Secretaries Bureau and Service Directors Regional Directors Schools Division Superintendents Public and Private Elementary and Secondary Schools Heads All Others Concerned For the information and guidance of all concerned, enclosed is a copy of

Republic Act No. 10821 dated May 18, 2016 entitled An Act Mandating the Provision of Emergency Relief and Protection for Children Before, During, and After Disasters and Other Emergency Situations. 2.

Immediate dissemination of this Memorandum is desired.

BR. ARM4-2 A. LU )TRO FSC Secretary

Encl.: As stated Reference: None To be indicated in the Perpetual Index under the following subjects: CALAMITY LEGISLATIONS

SAFETY EDUCATION STRAND: Legal and Legislative Affairs

Madel: Dissemination RA 10821 0383-June 1, 2016

DepEd Complex. Meralco Avenue, Pasig City 1600

P633-7208 /633-7228 /632-1361

636-4876/637-6209

4 www.deped.gov.pl

(Enclosure to DepEd Memorandum No. 93, s. 2016)

5235

(.1:ungess LIffIt 1JIii1ippitirs

,Sixternth (Congrrss

thirb litiolaression

Bur and hoid an Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.

I REPUBLIC ACT

No.

108211

NN ACT MANDATING THE PROVISION OF EMERGENCY RELIEF AND PROTECTION FOR CHILDREN BEFORE, DURING, AND AFTER DISASTERS AND OTHER EMERGENCY SITUATIONS ri enacted 1,,t- the Senate and House if RepreAentutive.v of the Philippines in Congress assembled -

SECTION I. Short Title. — This Act shall be known as !.he "Children's Emergency Relief and Protection Act". — It is hereby declared SEC. 2. Declaration of he policy of the State to protect the fundamental rights of luldren before, during, and after chsaaers and other emergency situations when children are gravely threatened or endangeret.1 by circumstances that affect their survival and normal

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(\• •lopment. Guided by the principles on survival and -v (pment, on child participation, and consistent with the n: -(1 Nations Convention on the Rights of the Child, as well Children's Charter for Disaster Risk and Reduction, and be minimum standards for children in humanitarian action, =e State shall establish and implement a comprehensive and -1rwegic program of action to provide the children and t..:itit and lactating mothers affected by disasters and other :at rency situations with utmost support and assistance for their immediate recovery and protection against : . •rms of violence, cruelty, discrimination, neglect, abuse, tation and other acts prejudicial to their interest, ,tr. :v:11, development and well-being. ,

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SEC. 3. Definition of Terms. — \ct the following shall refer to:

For the purposes of this

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Child — refers to a person below eighteen (18) years or those over but are unable to fully take care of • ne=nselves or protect themselves from abuse, neglect, cruelty, ApHitation or discrimination because of a physical or mental • !Isit(ility or condition as defined in Republic Act No. 7610 or •iie Special Protection of Children Against Abuse, Exploitation Discrimination Act; tb) Child with Special Needs — refers to a child with d,-,•elopmental or physical disability as defined in Republic Act No. 10165 or the Foster Care Act of 2012; (c) Child-Friendly Spaces — refer to spaces where create nurturing environments for children to 1, 11;4 i4e in free and structured play, recreation, leisure and (fa rn.tng activities. The child-friendly space may provide health, rition, and psychosocial support, and other services or ':Ictivities which will restore their normal functioning;

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(t1) Civil Registry Documents — refer to all certificates, cation forms, and certified true copies of legal instruments court decrees concerning the acts and events affecting the status of persons which are presented before the Civil and are recorded in the Civil Registry;

3 • Ciuil Society Organizations (CS0s) — as defined in Repubh. Act No.10121 or the Philippine Disaster Risk Redwtinn and Management Act of 2010, refer to non-state actor.' whoe aims are neither to generate profits nor to seek gover power such as nongoveniment organizations (NG0s), profe.- n.d associations, foundations, independent research institilt,. community-based organizations (CEOs), faith-based organ tzw.ions. people's organizations, social movements, and labor 1.11:;, , ns which are organized based on ethical, cultural, scient religious or philanthropic considerations; Disasters as defined in Republic Act No. 10121, refer t . disruption of the functioning of a community or a s,t'i .ty involving widespread human, material, economic, or erivo-•nmental losses and impacts, which exceeds the ability of thu A:Toc.ted community or society to cope using its own resourc:— Disasters are often described as a result of the combin,ition of: the exposure to a hazard; the conditions of vulner thlity that are present; and insufficient capacity or measilry , to reduce or cope with the potential negative consequ , nces. Disaster impacts may include loss of life, injury, diseaso ;Ind other negative effects on human, physical, mental and s(: ti well-being, together with damage to property, destruch , ,n of assets, loss of services, social and economic disrup , n. and environmental degradation; —

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(g) Emergency refers to unforeseen or sudden occurr t. especially danger, demanding immediate action as define In Republic Act No. 10121; —

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Family Tracing and Reunification — refers to the

proce:L• where disaster response teams reunite families separ::.- hy natural and human catastrophes by bringing togeth-r :he child and family or previous care-provider for the purpo,i• f establishing or reestablishing long-term care; (. it,izard — refers to a dangerous phenomenon, substail human activity or condition that may cause loss of life_ —.' ,Jry or other health impacts, property damage, loss . , ,d and services, social and economic disruption, or of live environr.1,'ntal damage as defined in Republic Act No. 10121;

4 (J1 Orphans or Orphaned Children - refer to children who d() not have a family and relatives who can assume re.sponsibility for their care; (k) Separated Children - refer to children separated from 11( , ti) parents, or from their previous legal or usual primary ceiriver, but not necessarily from other relatives. As a result, thi , may include children accompanied by other family re, •mbera: State of Calamity - refers to a condition involving tr, casualty and/or major damages to property, disruption of int.-ans of livelihoods, roads, and normal way of life of people ir the affected areas as a result of occurrence of natural or hirlIan-induced hazard as defined in Republic Act No. 10121;

Ini) Transitional Shelter - refers to structures tt mporarily constructed by the government intended for families affected by a disaster while awaiting transfer to vrinanent shelters; and Unaccompanied Children - refer to children who been separated from both parents and other relatives, and who are not being cared for by an adult who, by law or ci:,tiqn, is responsible for doing so. (n)

SEC. 4. Comprehensive Emergency Program for Children. Th, , Department of Social Welfare and Development (DSWD) sliali formulate a Comprehensive Emergency Program for Children, hereinafter referred to as the Program, taking into celisltieration humanitarian standards for their protection. The Program shall be used as the basis for handling disasters and Other emergency situations to protect children, pregnant and lactating mothers, and support their immediate recovery. This shall be implemented immediately after the declaration of a national or local state of calamity or occurrence of any other eint.,r;zency situation.

The DSWD shall engage all relevant government agencies

-tzikeholders for the implementation of the Program. Local nment units (LGUs) shall integrate the same in their d s.-lopment and Local Disaster Risk Reduction and N1.1 .me nt (LDRRM) plans and budget. gl

'1 . h• Program shall be gender-sensitive and have the follow;ng components: Establishment of Evacuation Centers. LGUs shall establ, -11 and identify safe locations as evacuation centers for childr.:1 and families subject to the limitations found in Sectic;i T of this Act. Establishment of Transitional Shelters for Orphaned, Separ t'd. and Unaccompanied Children. - The National Housi g Authority (NHA) shall, in coordination with the DSW1) the Department of Environment and Natural Resources (DENR), Department of Public Works and Highways (DPW11) Department of the Interior and Local Government (DILC1 and LGUs of the areas declared under a state of immediately establish an option for transitional shelter- prioritizing vulnerable and marginalized groups includ:ng orphaned, separated, and unaccompanied children, and prk-gnant and lactating mothers. New transitional shelters, established pursuant to this Act, shall be designed with the follow: 11g considerations: gender-specific emergency latrines, bathin4 cubicles, and hand washing facilities specifically design , i for children. It shall provide mother and child-IH , oily spaces where children can take part in child activi'- It shall also have provisions for maternal and newbc:a1 and infant care and rooms to protect, feed, provide personal care, and ensure the right to privacy. Existing transi.ional shelters shall be modified to the extent possible with the abovementioned considerations. to con V-zsurance for Immediate Delivery of Basic Necessities and S , - The Program shall facilitate and ensure the immeci ix, delivery of basic necessities and services specifically requir-d by the affected children in different stages of devek:ynient such as access to basic health services, food, water. .1:1trition, medicines, clothing, sanitary and hygiene a her emergency needs such as blankets, mosquito kits, t) king ware and fuel, and flashlights. The Program nets, shall priority to the specific health and nutrition needs of pr€, :zo,int women, lactating mothers, newborn babies, children ,,inder five (5) years old and children with special needs.

I) Stronger Measures to Ensure the Safety and Security ted Children. — Under the Program, the Philippine • :1 il Police (PNP) shall, in coordination with the Armed • • - of the Philippines (AFP) and the DSWD, DILG, Department of Education (DepED), Commission on r Education (CHED) and CSOs in the community, or and ensure the safety and the security of the affected .ren in the areas declared under a state of calamity and protect them against all forms of abuse and exploitation. I 'pon the declaration

of a national and local state of • i:nity, the PNP and the DSWD, with the assistance of the .\HP operating units in the area and local councils against t: and violence against women and their children, in a --Hance with existing laws, shall immediately heighten c ■ 1 !Ale nsive measures and monitoring to prevent child ti :Ticking, labor, and prostitution, including domestic and violence, in the areas declared under a state of calamity. The DSWD shall require all government agencies, LGUs, ani CSOs which are tasked to provide any assistance or se: vices to the affected children to adopt a child protection v. The child protection policy shall include measures to and effectively respond to cases of violence, abuse, and • ttation of children. LGUs shall prioritize the establishment and fu :,.tiunality of the barangay violence against women and c11,1,1ren (YAWC) desks. The VAWC desk shall serve as one of lit: key reporting and referral mechanism for cases of V) ,•11ce, abuse, and exploitation of children in the barangay d1.-;714 all phases of emergency response and recovery. (htldren shall be given priority during evacuation as a re , ult of a disaster or other emergency situation. Existing CH).-: in the community shall be tapped to look after the Sar-1V and well-being of children during evacuation operations. -ures shall be taken to ensure that children evacuated are

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Iripanied by persons responsible for their safety and

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Delivery of Health, Medical, and Nutrition Services. — Und , .r the Program, the DOH, in coordination with the DSWD J.GUs, and CSOs in the community, shall provide the healti in..dical, and nutritional needs of children in the areas decla i under a state of calamity, including psychosocial inter\ !l'Ions for children in different stages of development. (f) Plan of Action for Prompt Resumption of Educational Servir-: for Children. — The DepED, in coordination with the DSW! , DIL,G, and the concerned LGUs shall ensure the prom; r-,4umption of educational services for all children, inclu+: tarly childhood care and development for children aged w five (5). Establishment of Child-friendly Spaces. — The conce I,GL' shall set up child-friendly spaces in every city or mi: ;Imlay declared under a state of calamity, as needed, based n the guidelines to be promulgated by the DSWD. In addita n I,GUs shall coordinate with lead agencies and CSOs to eff tively respond to the needs of the children in the area. spaces shall be made available throughout a Child crisis. :"r , ,m emergencies to recovery. cAse the concerned LGU cannot immediately respond due t h huge impact of disaster, the DSWD, together with the cr .i.rned national government agencies and in coordination with CSOs and other stakeholders, as well as nearby LGI provide the necessary child care services and social prot, • of affected children.

Promotion of Children's Rights. — The Program shall vtivities and processes that will promote and uphold the r , .1

of children by: Providing child-centered training for all responders, Ensuring that children are provided with adequate

accel.- age-appropriate information on their roles and respor -Ibilities and those of government agencies before, durin :Ind after disasters and other emergency situations;

(d) Providing an effective mechanism for training and ineaningfid participation of children in community disaster risk d uction program; and (4) Consulting with the affected children on their needs mi priorities for post-disaster relief and recovery. SEC. 5. Evacuation centers. — Only in cases where there no other available place or structure which can be used as

a general evacuation center may a school or child development nt.or be used as an evacuation center. When a school or child development center is used as a:i evacuation center, gymnasiums, learning and activity ck-ntiq s, auditoriums and other open spaces shall be utilized fit. Classrooms shall only be used as a last resort. The use or the school premises shall be as brief as possible. If the use predicted to exceed fifteen (15) days, the affected LGU shall vovIde written documentation to the DepED and the DILG o71 the following: -

(a)

The name and location of the school;

(b) All alternative sites and proposal for final site s, I, tion; (c) Measures being implemented to prevent interference or disruption to the school and educational activities of • :Idren; and Other particulars to be provided in the implementing r'1:0, and regulations of this Act. The DepED, in coordination with the DPWH, shall c,,r.tinuously monitor and assess the condition of temporary 1, ,rning spaces or other transitional and semi-permanent • tures used as classrooms after a disaster, and if the use .‘tds six (6) months after the declaration of a state of c:,l_tniity, the regional DepED office shall conduct regular site in-pections and shall certify to the Secretary of Education that • spaces are in good physical condition and sufficient to en ire the safety of the children and their environment. -

9 6. Orphaned, Unaccompanied, or Separated Children. - The DSWD, upon consultation with relevant agencies. shall develop a minimum set of standards and guidelines for the Family Tracing Reunification System of orphaned. unaccompanied and separated children.

orphaned children, and unaccompanied or separated childr-n whose families or relatives cannot be found or assessed to be incapable of providing proper care and protection shall be pin,-ed in a licensed or accredited residential care facility or wit h a foster family in accordance with Article 140 of the Child And Youth Welfare Code, or a community-based center. A rer,r.red social worker shall provide the needed case

mana_.,'alent and intervention. 7. System of Restoring Civil Registry Documents.

! ,.41.1.re that vital information pertaining to the personal circuir =t.inees of a child are adequately protected and available at all t» -nes, the Philippine Statistics Authority (PSA) shall develf , ; , system. for the restoration and reconstruction of civil

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registry docuttients that have been destroyed or declared lost or mi—m,g during a disaster or calamity. PSA shall submit a report on the number of restored or me: rl.t meted documents to appropriate government agencies for eff,live monitoring and reporting and to ensure the continu ,..-d access of the affected children to social services and facilittte the reunification of separated children with their familii. , . Th

1 . 11- PSA shall likewise develop a system for the registe .0 ion of children born during a national or local state of calsilnity. SIt . 8. Training of Emergency Responders on Child

Protec ..)!I - The National Disaster Risk Reduction and Mana, , 1),2nt Council (NDRRMC) shall promote and conduct a chil,i- -,, , -;ponsive training program for all responders in the calam area such as community and barangay leaders, comm'..nity members, school personnel and other rescuers. The tr lining program shall include the following:

Proper procedures and measures to assess the situation, safeguard and protect the affected children during 0'1.1 after emergencies and disasters: and (a)

■ b) Appropriate training on psychosocial interventions for ch;!.iren in different stages of development who are victims of c. m ities.

Each member agency shall include or mainstream child :,..ction in their emergency response training to service viclers. SEC. 9. Data Gathering, Monitoring, and Reporting. agencies mandated by this Act shall monitor and report c.:•1 the implementation of services under the Program to be :}Initted jointly to Congress annually. The report shall 1:1 , Hude a specific section on pregnant women and children unW_.r. five (5) years of age as a strategy to address the nutrition needs of children under age five (5) and )...!--nant women. In the aftermath of a national or local state of calamity, tt:•- collection and reporting of data for the Disaster Risk P—itiction and Management Information System at all levels, provided for in Republic Act No. 10121, shall be d:-, aggregated by age, gender, ethnicity, and special needs. *ich collected data shall be utilized to understand and respond I tter to the needs of children affected by disasters and Within five (5) days from the declaration of a national of calamity or as soon as practicable, the DSWD and DILG shall jointly submit. written documentation and r port on their surveillance and monitoring under Section 4(d) t. the appropriate committees of the Senate and the House Popresentatives. -•

SEC. 10. Appropriations. -- The amount necessary for the • n r 1.1l implementation of this Act shall be charged against the . .1-rent appropriations of the DSWD, Office of Civil Defense 'D), DepED, DOH, Department of National Defense (DND) PSA. Thereafter, the amount needed for the continued :71iplementation of this Act shall be included in the annual

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Genii ii Appropriations Act. For LGUs, the implementation of the pr rams shall be charged against the Local Disaster Risk Redth .,in and Management Fund (LDRRMF). 11. Implementing Rules and Regulations. — Within ninety ,90) days from the effectivity of this Act, the DSWD, in con,uItation and coordination with the DND, OCD, DOH, DepEl) MUG, PNP, AFP and child-focused CSOs shall promu].4.1te the necessary rules and regulations for the effective implern..ntation of this Act. N.:t' 12. Interpretation Clause. — The provisions of this Act and its implementing rules and regulations shall be liberal construed in favor of the best interest of the child. • • 1:3. Separability Clause. — If any provision or part of th. - . ■ ct is declared invalid or unconstitutional, the remai! parts or provisions not affected shall remain in full force t.

effect.

14. Repealing Clause. — All laws, executive orders, presi,i. decrees, rules and regulations or parts thereof incon.- , nt with any provision of this Act are hereby repealed, or modified accordingly. amen I 15. Effectivity. — This Act shall take effect fifteen its publication in the Official Gazette or in a newsp.11),‘r of general circulation. (15) d.

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,ved,

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FELI(. I \O BELMONT•JR. si ,;.cr of the House ,/)CS

entatives

. D '4 LON Pr sident of the Senate

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Senate Bill No. 3034, which was approved by the Senate ,i February 1, 2016, was adopted as an amendment to Iii)use Bill No. 5285 by the House of Representatives on :•1, 1-uary 2, 2016.

MARILYN le BAR ' - YAP Secretary General !louse of Representatives

•••#°°..

OSCAR G. YABES Secretary of the Senate

APProved:MAY 18

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BENIG* 0 S. AQUFNO III President of

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