Children in Need of Special Protection as defined under Memorandum Circular 2004-01 refer to all persons below 18 years of age, or those 18 years old and over but are unable to take care of themselves because of physical or mental disability or conditions; who are vulnerable to or are victims of abuse, neglect, exploitation, cruelty, discrimination and violence (armed conflict, domestic violence) and other analogous conditions prejudicial to their development.

Children in Need of Special Protection as defined under Memorandum Circular 2004-01 refer to all persons below 18 years of age, or those 18 years old and over but are unable to take care of themselves because of physical or mental disability or conditions; who are vulnerable to or are victims of abuse, neglect, exploitation, cruelty, discrimination and violence (armed conflict, domestic violence) and other analogous conditions prejudicial to their development. CNSP include but are not limited to:

  • Sexually/physically-abused children;
  • Children in commercial sexual exploitation;
  • Children in conflict with the law;
  • Children involved in armed conflict;
  • Working children or victims of child labor;
  • Children in various circumstances of disability;
  • Children directly affected by HIV/AIDS and other sexually- transmitted disease (STDs);
  • Street children;
  • Children in substance abuse;
  • Mentally challenged children;
  • Abandoned children/ children without primary caregiver;
  • Displaced children/refugee children

1. SB 2892 seeks to include Foundlings in the definition of Children in Need of Special Protection (CNSP). The registration of Foundlings is covered by a different registration structure under Administrative Order No. 01, series of 1993. By including Foundlings under this Bill, a Certificate of Live Birth (COLB) shall be issued in place of a Foundling Certificate, thereby eliminating the stigma or discrimination affiliated to a foundling.

2. CNSP and Foundlings alike are protected from discrimination under this Bill by doing away with the annotation on the birth certificate as a tagging system for those children defined as CNSP under Memorandum Circular 2004-01. Only a temporary marking shall be made on the COLB for records purposes. However, no such annotation shall appear on the COLB issued to the registrant.

3. The term CNSP has likewise been redefined to include children affected by natural calamities and man-made disasters, and other analogous circumstances prejudicial to their condition, at any given time. This provision widens the scope of protection by recognizing events that places children in a vulnerable position regardless of their previous status.

4. SB 2892 ensures that rescued or located children shall be registered solely by accredited institutions or persons who were granted immediate and protective custody of the child, and after efforts to gather information about the child, have been  exhausted. This is to avoid the possibility of offenders seeking to exploit or traffic the child by registering him/her under false identity/circumstance.

5. The penal clause is a compelling feature of the Bill that seeks to ensure the active participation of all the implementing agencies involved in the free and immediate registration of a CNSP. It is also a measure to improve the civil registration database and bring to light the numbers and conditions of the CNSP in our country so that they will be afforded the much needed protection and access to benefits and opportunities granted to registered citizens.

Salient Features of SB 2892

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