MALACAÑAN PALACE
MANILABY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER No. 138
AMENDING EXECUTIVE ORDER (EO) NO. 56 (S. 2001) ADOPTING THE COMPREHENSIVE PROGRAM FRAMEWORK FOR CHILDREN IN ARMED CONFLICT, STRENGTHENING THE COUNCIL FOR THE WELFARE OF CHILDREN (CWC) AND FOR OTHER PURPOSES
WHEREAS, Section 3, Article XV of the 1987 Constitution mandates the State to defend the right of children to assistance and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;
WHEREAS, the Philippine Government enacted Republic Act (RA) No. 7610, otherwise known as the, “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” declaring children as Zones of Peace and affirming the State policy of protecting and rehabilitating children gravely threatened or endangered by circumstances affecting their survival and normal development;
WHEREAS, our general obligation as a State Party to the Convention on the Rights of the Child (CRC) and its Optional Protocol on Children in Armed Conflict enjoins us to take all feasible measures to ensure that children under the...
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Executive Orders
Amending Executive Order (EO) No. 56 (S. 2001) Adopting The Comprehensive Program Framework For Children In Armed Conflict, Strengthening The Council For The Welfare Of Children (CWC) And For Other Purposes
Executive Order No. 138
Summary of Executive Order No. 138
Amending Executive Order No. 56 on the Comprehensive Program Framework for Children in Armed Conflict
• Transfers the lead role in coordinating and monitoring the implementation of the Comprehensive Program Framework for Children in Armed Conflict (CIAC Program Framework) from the Office of the Presidential Adviser on the Peace Process (OPAPP) to the Council for the Welfare of Children (CWC). (Section 1)
• Formally establishes the Inter-Agency Committee on Children in Armed Conflict (IAC-CIAC) with the following members: (Section 2)
- Chair: Council for the Welfare of Children (CWC)
- Members: Commission on Human Rights (CHR), Department of Education (DepEd), Department of Foreign Affairs (DFA), Department of the Interior and Local Government (DILG), Department of Health (DOH), Department of National Defense – Armed Forces of the Philippines (DND-AFP), Department of Justice (DOJ), Department of Social Welfare and Development (DSWD), Philippine National Police (PNP), Presidential Human Rights Committee (PHRC), Presidential Management Staff (PMS), Office of the Presidential Adviser on the Peace Process (OPAPP)
- The CWC may require participation from other agencies, GOCCs, LGUs, private sector, and academe as necessary.
- The Chair and Members shall enter into a new Memorandum of Agreement (MOA) within 60 days to delineate their specific functions and duties.
• Outlines the functions of the IAC-CIAC: (Section 3)
- Advocate for the protection of children and prevention of their involvement in armed conflict.
- Ensure consideration of international instruments like the UN CRC, Optional Protocol on Children in Armed Conflict, and other human rights treaties.
- Formulate guidelines and develop programs for handling children involved in armed conflict, and monitor/document cases of capture, surrender, arrest, rescue or recovery by government forces. (Section 3b)
- Conduct human rights training, advocacy, information campaigns, and capability-building of LGUs. (Section 3c)
- Implement a monitoring, reporting, and response system for grave child rights violations in situations of armed conflict. (Section 3d)
- Work closely with concerned agencies in coordinating and monitoring the implementation of the enhanced CIAC Program Framework. (Section 3e)
• Directs national government agencies to formulate and integrate the enhanced CIAC Program Framework in their annual plans, programs and projects, which shall be periodically reviewed by the CWC and IAC-CIAC for policy and program synchronization. (Section 4)
• Allows LGUs in areas affected by armed conflict to develop and implement complementary programs to carry out the enhanced CIAC Program Framework, in coordination with CWC. (Section 4)
• Establishes a Monitoring, Reporting, and Response System for Grave Child Rights Violations in Situations of Armed Conflict (MRRS-GCRVSAC) as the monitoring arm within the CIAC Program Framework, with the objective of protecting children by preventing grave child rights violations and ensuring appropriate and timely response. (Section 5)
• Directs the CWC, as the focal agency for the MRRS-GCRVSAC, to establish the appropriate coordinative network at the national and local levels. (Section 5)
• Outlines the functions of the MRRS-GCRVSAC: (Section 6)
- Gather, validate and monitor reports of incidences of grave child rights violations (GCRVs) from NGAs, NGOs, LGUs, POs and FBOs. (Section 6a)
- Ensure provision of appropriate and timely inter-agency response to GCRVs, through coordination and efficient referral system. (Section 6b)
- Develop and implement an inter-agency communication plan on the prevention and response to GCRVs. (Section 6c)
- Provide reports/updates on the incidence of GCRVs to the CWC Board for policy issuances and program development. (Section 6d)
- Generate standard data and information as the primary government source on matters pertaining to GCRVs. (Section 6e)
• Funds for the implementation of the enhanced CIAC Program Framework and its components shall be charged against the current appropriations of the participating agencies, and incorporated in their respective regular appropriations for succeeding years. (Section 7)
• Allows the CWC to receive contributions, grants, and/or other funds from government agencies and corporations, LGUs, local and foreign donors, development partners, and private sector/institutions, subject to existing laws, rules and regulations. (Section 7)
• Repeals all issuances, orders, rules, and regulations or parts thereof which are inconsistent with the provisions of this Executive Order. (Section 8)
• Contains a separability clause stating that if any provision is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting. (Section 9)
Amending Executive Order No. 56 on the Comprehensive Program Framework for Children in Armed Conflict
• Transfers the lead role in coordinating and monitoring the implementation of the Comprehensive Program Framework for Children in Armed Conflict (CIAC Program Framework) from the Office of the Presidential Adviser on the Peace Process (OPAPP) to the Council for the Welfare of Children (CWC). (Section 1)
• Formally establishes the Inter-Agency Committee on Children in Armed Conflict (IAC-CIAC) with the following members: (Section 2)
- Chair: Council for the Welfare of Children (CWC)
- Members: Commission on Human Rights (CHR), Department of Education (DepEd), Department of Foreign Affairs (DFA), Department of the Interior and Local Government (DILG), Department of Health (DOH), Department of National Defense – Armed Forces of the Philippines (DND-AFP), Department of Justice (DOJ), Department of Social Welfare and Development (DSWD), Philippine National Police (PNP), Presidential Human Rights Committee (PHRC), Presidential Management Staff (PMS), Office of the Presidential Adviser on the Peace Process (OPAPP)
- The CWC may require participation from other agencies, GOCCs, LGUs, private sector, and academe as necessary.
- The Chair and Members shall enter into a new Memorandum of Agreement (MOA) within 60 days to delineate their specific functions and duties.
• Outlines the functions of the IAC-CIAC: (Section 3)
- Advocate for the protection of children and prevention of their involvement in armed conflict.
- Ensure consideration of international instruments like the UN CRC, Optional Protocol on Children in Armed Conflict, and other human rights treaties.
- Formulate guidelines and develop programs for handling children involved in armed conflict, and monitor/document cases of capture, surrender, arrest, rescue or recovery by government forces. (Section 3b)
- Conduct human rights training, advocacy, information campaigns, and capability-building of LGUs. (Section 3c)
- Implement a monitoring, reporting, and response system for grave child rights violations in situations of armed conflict. (Section 3d)
- Work closely with concerned agencies in coordinating and monitoring the implementation of the enhanced CIAC Program Framework. (Section 3e)
• Directs national government agencies to formulate and integrate the enhanced CIAC Program Framework in their annual plans, programs and projects, which shall be periodically reviewed by the CWC and IAC-CIAC for policy and program synchronization. (Section 4)
• Allows LGUs in areas affected by armed conflict to develop and implement complementary programs to carry out the enhanced CIAC Program Framework, in coordination with CWC. (Section 4)
• Establishes a Monitoring, Reporting, and Response System for Grave Child Rights Violations in Situations of Armed Conflict (MRRS-GCRVSAC) as the monitoring arm within the CIAC Program Framework, with the objective of protecting children by preventing grave child rights violations and ensuring appropriate and timely response. (Section 5)
• Directs the CWC, as the focal agency for the MRRS-GCRVSAC, to establish the appropriate coordinative network at the national and local levels. (Section 5)
• Outlines the functions of the MRRS-GCRVSAC: (Section 6)
- Gather, validate and monitor reports of incidences of grave child rights violations (GCRVs) from NGAs, NGOs, LGUs, POs and FBOs. (Section 6a)
- Ensure provision of appropriate and timely inter-agency response to GCRVs, through coordination and efficient referral system. (Section 6b)
- Develop and implement an inter-agency communication plan on the prevention and response to GCRVs. (Section 6c)
- Provide reports/updates on the incidence of GCRVs to the CWC Board for policy issuances and program development. (Section 6d)
- Generate standard data and information as the primary government source on matters pertaining to GCRVs. (Section 6e)
• Funds for the implementation of the enhanced CIAC Program Framework and its components shall be charged against the current appropriations of the participating agencies, and incorporated in their respective regular appropriations for succeeding years. (Section 7)
• Allows the CWC to receive contributions, grants, and/or other funds from government agencies and corporations, LGUs, local and foreign donors, development partners, and private sector/institutions, subject to existing laws, rules and regulations. (Section 7)
• Repeals all issuances, orders, rules, and regulations or parts thereof which are inconsistent with the provisions of this Executive Order. (Section 8)
• Contains a separability clause stating that if any provision is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting. (Section 9)