MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ EXECUTIVE ORDER NO. 79, December 06, 2024 ]
ESTABLISHING THE MAHALIN AT KALINGAIN ATING MGA BATA (MAKABATA) PROGRAM, AND INSTITUTIONALIZING THE MAKABATA HELPLINE 1383
WHEREAS, Section 3(2), Article XV of the Constitution provides that the State shall defend the rights 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, the United Nationals Convention on the Rights of the Child requires States Parties, such as the Philippines, to take all appropriate measures to ensure that children are protected against all forms of discrimination or punishment on the basis of their status, activities, expressed opinions or beliefs;
WHEREAS, Section 2 of Republic Act (RA) No. 7610 or the "Special Protection of Children Against Abuse, Exploitation, and Discrimination Act," as amended by RA No. 11648, declares it a policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation, and discrimination, and other conditions prejudicial to their development, and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation, and discrimination;
WHEREAS, under Executive Order (EO) No. 123 (s. 1987), as amended by EO No. 292 or the "Administrative Code of 1987," the Department of Social Welfare and Development (DSWD) is mandated to formulate, develop, and implement plans, programs, and projects on social welfare and development aimed at providing assistance to vulnerable members of society, including infants and children;
WHEREAS, Articles 205 and 207 of Presidential Decree (PD) No. 603, or the "Child and Youth Welfare Code," as amended by Section 4 of EO No. 233 (s. 1987), created the Council for the Welfare of Children (CWC) to coordinate with different government agencies in the implementation and enforcement of all laws relative to the promotion of welfare and protection of children and youth, among others;
WHEREAS, on 3 November 2022, the CWC launched the MAKABATA Helpline 1383 as one of government's communication lines to allow the public to report any child rights' violations and connect them to the appropriate government agency for support and assistance;
WHEREAS, to enhance the reach and effectiveness of child protection initiatives in the Philippines, the DSWD recommends the establishment of a comprehensive and integrated national program that will serve as a centralized system where the public can report incidents of violation of children's rights and welfare, and access wide-ranging government support and assistance therein; 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 of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1. Establishment of the MAKABATA Program. A one-stop system for addressing and monitoring all issues and concerns of children in need of special protection (CNSPs), to be known as the "MAKABATA Program," is hereby established under the DSWD. The MAKABATA Program shall consist of the following components:
a. Reporting. This refers to the swift and accurate exchange of information between government and private stakeholders for identifying CNSPs and referring CNSP issues and concerns to govenrment agencies and instrumentalities, including local government units (LGUs) and private sector partners, for appropriate action and/or intervention.
b. Rescue and Relief. This refers to the protection of CNSPs from immediate danger through delivery of protective, psychosocial, medical, legal, and other services or appropriate interventions to CNSPs by the first responders;
c. Rehabilitation. This refers to the individualized treatment and management of each CNSP through age-appropriate and gender-responsive nutritional and psychosocial support, continued education, skills development, and legal services, and efforts towards safe family reunification or alternative care placements, among others; and
d. Reintegration. This refers to the reunification of CNSPs with their families and the community through delivery of after-care services, community support networks, continued education and skills development, and long-term monitoring and support for CNSPs, among others.
For this purpose, CNSPs shall refer to all persons below 18 years old or those 18 years old and over but are unable to fully take care of themselves because of physical or mental disability or conditions, and are vulnerable to, or are victims of, abuse, neglect, exploitation, cruelty, discrimination, violence, and other similar circumstances, including but not limited to, child labor, online sexual abuse and exploitation of children (OSAEC), child sexual abuse or exploitation of materials (CSAEM), child trafficking, and other circumstances which gravely threaten or endanger a child's survival and normal development. CNSPs shall also include children in conflict with the law, children living in alternative care, and children living with human immunodeficiency virus.
Section 2. Implementing Agencies. The DSWD is hereby directed to leas the implementation of the MAKABATA Program, while the CWC, through its Secretariat, shall serve as the overall coordinating and monitoring body for the implementation of the MAKABATA Program. Further, the following Implementing Agencies of the MAKABATA Program shall render full support and cooperation to the DSWD and CWC:
a. Department of the Interior ad Local Government;
b. Department of Justice;
c. Department of Education;
d. Department of Health;
e. Department of Foreign Affairs;
f. Department of Labor and Employment;
g. Department of Migrant Workers;
h. Department of Information and Communications Technology;
i. Department of Tourism;
j. Committee for the Special Protection of Children;
k. Inter-Agency Council Against Trafficking;
l. National Coordinating Center against OSAEC-CSSAEM (NCC-OSAEC-CSAEM);
m. Inter-Agency Council on Violence Against Women and their Children;
n, Juvenile Justice and Welfare Council;
o. National Authority for Child Care;
p. National Council Against Child Labor;
q. National Commission on Indigenous Peoples;
r. National Council on Disability Affairs;
s. National Disaster Risk Reduction and Management Council;
t. National Nutrition Council;
u. National Privacy Commission;
v. Presidential Office for Child Protection (POCP);
w. Office of the Presidential Adviser on Peace, Rehabilitation and Unity;
x. Philippine Commission on Women;
y. Philippine National Police; and
z. Public Attorney's Office.
The DSWD may also request the assistance of other government agencies and instrumentalities, including LGUs, to provide full and timely assistance and cooperation to ensure effective and efficient implementation of this Order.
Section 3. Designation of MAKABATA Coordinators, Focal Persons, and Child Protection Officers. All concerned govenrment agencies shall designate necessary, subject to existing laws, rules, and regulations, including the implementing guidelines to be issued under Section 9 hereof.
Section 4. Institutionalization of the MAKABATA Helpline 1383. As part of the Reporting Component of the MAKABATA Program, the existing MAKABATA Helpline 1383 is hereby institutionalized as the central reporting system for all CNSP issues and concerns. The Helpline shall continue to be under the management and operation of CWC, and shall comply with the following minimum operating standards:
a. Communication Platforms. The hotline number "1383" shall be MAKABATA Helpline 1383's official hotline number. The Helpline shall provide and maintain other communication platforms which may include:
i. Short message service (SMS)/text access;
ii. Electronic mail (E-mail);
iii. Website/Webpage; and
iv. Social media, as well as any other emerging communication platforms.
b. Operating Hours. MAKABATA Helpline 1383 shall operate, through any of its communication platforms, 24 hours a day seven (7) days a week, from Mondays to Sundays, subject to existing laws, rules, and regulations; and
c. Process Flow. All concerned received through any of the communication platforms of the MAKABATA Helpline 1383 shall be immediately acted upon or referred, directly or indirectly, to concerned government agencies and instrumentalities, including LGUs and private sector partners, for appropriate action and/or intervention.
In this regard, the MAKABATA Program, through MAKABATA Helpline 1383, shall establish and develop a referral pathway which will link all government agencies and instrumentalities, including LGUs and private sector partners, into a network cooperation and collaboration with the overall aim of ensuring delivery of services to CNSPs under the MAKABATA Program.
Section 5. Duties and Functions of CWC. The cWC shall perform the following duties and functions, subject to existing laws, rules and regulations:
a. Respond to all inquiries regarding CNSP issues and concerns received through MAKABATA Helpline 1383;
b. Refer matters, issues, and concerns involving CNSPs to concerned government agencies and instrumentalities, including LGUs and private sector partners, to ensure sufficient delivery of services, reliefs, and other interventions;
c. Implement a monitoring, evaluation, and feedback mechanism to ensure the provision of timely and appropriate reliefs, interventions, and/or services to CNSPs;
d. In coordination with Presidential Communications Office, promote and raise public awareness on MAKABATA Helpline 1383;
e. Study and recommend to DSWD and other concerned government agencies ways to streamline reliefs, interventions, and/or services of existing helplines and hotlines in the country; and
f. Perform such other functions as may be directed by the President, Executive Secretary, and/or the DSWD.ℒαwρhi৷
Section 6. Referral of OSAEC and CSAEM Concerns. Pursuant to RA No. 11930 or the "Anti-OSAEC and Anti-CSAEM Act," all reports of OSAEC and CSAEM concerns received through MAKABATA Helpline 1383, shall, without compromising timely response, be referred by CWC to NCC-OSAEC-CSAEM for appropriate action, verification, referral for investigation, and proper provision of intervention.
In this regard, the CWC shall closely coordinate with NCC-OSAEC-CSAEM in establishing a unified, efficient, and organized reporting mechanism, referral pathway, and data collection system or database to ensure that all reported OSAEC and CSAEM concerns shall be swiftly acted upon.
Section 7. Reporting. The DSWD, in coordination with all other Implementing Agencies, shall submit to the President, through the Office of the Executive Secretary and POCP, an annual progress report on the implementation of this Order.
Section 8. Organizational Structure ad Staffing Pattern. The DSWD and CWC shall determine the appropriate organizational structure, staffing pattern, and corresponding qualification standards for all positions necessary for the implementation of this Order, 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 DBM and Civil Service Commission.
Section 9. Implementing Guidelines. Within 90 days from the effectivity of this Order, the DSWD and CWC, in coordination with all other Implementing Agencies, shall issue the necessary guidelines for the effective implementation of this Order. The Implementing Guidelines shall include the following, among others:
a. Development of the MAKABATA Program Handbook;
b. Constitution of MAKABATA Multi-Disciplinary Teams, as may be necessary;
c. Creation of data collection system or database management system of the MAKABATA Program;
d. Periodic review of the MAKABATA Program; and
e. Compliance with data privacy under RA No. 10173 or the "Data Privacy Act of 2012."
Section 10. Funding. The funding requirements for the initial implementation of this Order shall be charged against current and available appropriations of the DSWD, CWC, and the Implementing Agencies under Section 2 hereof, subject to pertinent budgeting, accounting, and auditing laws, rules, and regulations. Thereafter, the funding requirements for the continued implementation of this Order shall be included in the budget proposals of the DSWD, CWC, and all other Implementing Agencies, subject to the usual budget preparation process.
Section 11. Separability. If any part or provision of this Order is held unconstitutional or invalid, other parts not affected thereby shall remain to be in full force and effect.
Section 12. Repeal. All orders, rules and regulations, and other issuances or parts thereof which are inconsistent with the provisions of this Order, are hereby repealed or modified accordingly.
Section 13. Effectivity. This Order shall take effect immediately upon publication in the Official Gazette or in a newspaper of general circulation
DONE, in the City of Manila, this 6th day of December, 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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