1

CHAPTER 1
INTRODUCTION

Background of the Study

Section 13, Article II of the 1987 Philippine Constitution provides that the State
recognizes the vital role of the youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social well-being. 1 As such, many
subsequent enabling laws that adhere to the state principle of recognizing the vital role of
the
youth
in
nation-building
had
been
enacted.
One of the earliest laws that supported this said State Policy is Republic Act
6972, also known as an Act establishing a Day Care Center in every Barangay,
instituting therein a total development and protection of children program, appropriating
funds therefore, and for other purposes. Promulgated in 1990, merely three years after
the effectivity of the 1987 Philippine Constitution, it has since served to be the
fundamental law that supports the development of the youth through Day Care Centers in
each barangay unit. Section 2 of the said Act provides the main focus of the law, which is
to defend the right of the children to assistance, including proper care and nutrition, and
to provide them with special protection against all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial to their development.2
The Philippine government, through its smallest administrative units called the
barangays, has undertaken the necessary steps to address the need to educate the
Filipino children as early as three years old, by creating barangay day care centers
nationwide. As stated in Section 3 of R.A. 6972, The total development and
protection of children program for day care centers shall be provided for children up to
six (6) years of age with the consent of parents: provided, however, that, in case of
abused, neglected or exploited children, such consent shall not be required.. 3
In Davao City, the said Republic Act is supported by the Sanggunian
Panglungsods enactment of Resolution No. 7725, otherwise known as the Davao City
Childrens Welfare Code.4 The said code, enacted in 1994, provides that it should be
the policy of the Local Government to uphold the rights of children for survival,
protection, participation and development and the same shall be given top priority by the
Local Government. According to Councilor Avila of the 10th City Council, the said code
is the first of its kind in the entire country. Furthermore, it will also work for the
1

1987 Constitution, Article 2, Section 13

Rep. Act No. 6972, Section 2 (1990)

Rep. Act. No. 6972, Section 3 (1990)

Resolution No. 7725 which enacted Local Ordinance No. 2491, Davao City Childrens Welfare Code
(1994)

respect for the role of the family in providing the children the necessary support to the
parents by providing the mechanics for child care and development from infancy
including earliest stages of childhood to adolescence.
Within Davao City, as a local government unit that itself supported R.A. 6972
through Resolution No. 7725, there is still much ground to cover with regard to the
assessment of the effectivity of the said laws. Specifically, giving highlight to the
provisions of RA 6972 (Section 2; Section 3 (c), (d), (e) and (g); Section 4), about the
development and protection of children in the Day Care Centers of the city, there has yet
to be a study conducted on the said matter. This study will give rise to one of the first
avenue to assess the enacted law of the Congress (R.A. 6972), as well as that of the
Sangguniang Panglusod ng Dabaw (Resolution 7725), focusing mainly on the Day Care
Centers supposed purpose of being a sanctuary for the development and protection of the
children in the barangays of Davao City.

Legal issue
Whether or not Sections 2, 3 (c) (d) (e) (g), and 4 of R.A. 6972 develop and
protect the children in selected day care centers of Davao City.

Theoretical Framework
The government is indeed the middleman, or we could say the bridge, between
the state and its people.5 And since it is the one which carries out the will of the state it
has the duty to do what is right and just to protect the citizens or the people within its
jurisdiction. The theory of Kant, Deontological theory, according to Ridley and Penslar is
that a person will follow his or her obligations to another individual or society because
upholding ones duty is what is considered ethically correct. 6 It is the duty of the
government to help its citizens on how to deal with their lives and give them support in
dire times. The government, being the bridge of the state and the people, must give this
support of course in the basis of what is right and just to have a mutual coexistence
between the citizens and the government.
According to Kant, man is rational, meaning we act with reason and the reason
can be because such moral duty or an obligation. 7 Man always acts with reason with the
good in mind. That is what a normal person is doing. The government, being an entity of
5

De Leon, Hector S., Textbook on the Philippine Constitution, (2008 ed., 2008).
Catherine Rainbow, Descriptions of Ethical Theories and Principles, (2002). retrieved last
September 17, 2014 at
<http://www.bio.davidson.edu/people/kabernd/indep/carainbow/theories.htm>

Ali Shakil, Kantian Duty Based (Deontological) Ethics, (n.d.). retrieved last September 17, 2014 at
<http://sevenpillarsinstitute.org/morality-101/kantian-duty-based-deontological-ethics>

persons, always acts with reason and that reason would always be for the benefit of the
society based on the laws which are given. These laws pertain to what is good in society
and if the people will follow what is good then their duty becomes clear, which is to
follow what is good in the context of a rational society.

Scope and Limitation

First, this study is limited only to 10 Barangays of Poblacion District 1, Davao
City. These Barangays are as follows: 14-B, 28-C, 24-C, 35-D, 10-B, 4-A, 19-B, 17-B,
18-B, and 27-B. The said study is only limited to such Barangays which operate a Day
Care Center, in accordance with RA 6972. Also, the study is limited only as to the
provisions of RA 6972 about the implementation of academic support and assistance
given to the children in the said Barangays for their protection and development.
Second, in line with Section 3 (c), (d), (e) of R.A. 6972, this will cover the Day
Care Centers as a sanctuary for abused, neglected or exploited children either in one child
institution in the barangay and/or network of sanctuary-homes which will take in children
in urgent need of protection due to a situation which endangers the child or which has
exposed the child to cruelty and abuse: provided, that the day care center, with the help
and support of the barangay chairman and their barangay-level support systems.
Third, in line with Section 3 (g) of R.A. 6972, this will cover the support system
and network of assistance from among the members of the barangay for the total
development and protection of children.
Fourth, in line with Section 4 of R.A. 6972, this will cover the implementing
agency of these Day Care centers.
Significance of the Study
The study that will be conducted is significant in three areas of concern in the
society. Namely, one, the study will be significant to the Congress because it assesses the
implementation of legislation in which it has enacted. It will also prove as a
supplementary study to monitor the compliance of barangays in determining whether or
not they have such Day Care Centers as required in R.A. 6972.
Two, it is of importance to the Local Sanggunian of Davao City, in order to
provide basis and findings as to the execution of the Davao City Childrens Welfare
Code. In conformity with R.A. 6972, the study will give light to the actual postenactment measures taken by the Barangay Officials with regard to fulfilling the program
framework of the said law, in a local perspective.
Three, it is vital because it can be used as basis for the improvement of policy.
Mainly it will be helpful to repeal amend or enact a new law, with respect to the
development and protection of children. To give the lawmakers, both the Congress and
the Local Sanggunian of Davao, an insight to further improve the support system and

network of assistance for children that are abused, neglected or exploited in their
respective barangays.
Operational Definition of Terms
1. Barangay refers to the smallest administrative local unit provided by Philippine
Law
2. Day Care Center refers to institution or program that is aimed to develop and
protect children within a barangay unit, with its framework and function provided
by R.A. 6972.
3. Abused, Neglected or Exploited Children refers to children in the barangay who
are put in situations which endangers the children or which has exposed the
children to cruelty and abuse who were supported by the Day Care Center
4. Barangay 14-B refers to the Barangay where Sta. Ana Church and most of Sta.
Ana Street is situated.
5. Barangay 28-C refers to the Barangay situated mostly in between Juan Luna
Street and Suazo Street, Davao City
6. Barangay 24-C refers to the Barangay situated in the vicinity of Aurora Street
corner E. Jacinto Street, Davao City.
7. Barangay 35-D refers to the Barangay where University of Immaculate
Concepcion- Bonifacio Street is situated in Davao City.
8. Barangay 10-B refers to the Barangay along Quirino Boulevard and Malvar
Street, Davao City.
9. Barangay 4-A refers to the Barangay along Tomas Claudio, Davao City.
10. Barangay 19-B refers to the Barangay along Quirino Boulevard and Sampaguita
Inn, Davao City.
11. Barangay 17-B refers to the Barangay situated in Garcia Heights, Davao City.
12. Barangay 18-B refers to the Barangay where University of Southeastern
Philippines is situated in Davao City
13. Barangay 27-C refers to the Barangay along Panadero Bakeshop, Jacinto Street,
Davao City.
CHAPTER 2
REVIEW OF RELATED LITERATURE
Government
Government refers to the agency through which the will of the state is
formulated, expressed and carried out.8 The government is an instrument in which the
8

De Leon, Hector S., Textbook on the Philippine Constitution, (2008 ed., 2008).

state exercises its authority. The government in itself is the bridge between the state and
its people, through which we have a mutual coexistence. Also according to Section 2 of
Executive Order No. 292 (Administrative Code of 1987), reads that government:
refers to the corporate governmental entity through which the functions
of the government are exercised throughout the Philippines, including, save as
the contrary appears from the context, the various arms through which political
authority is made effective in the Philippines, whether pertaining to the
autonomous regions, the provincial, city, municipal or barangay subdivisions or
other forms of local government.

The definition provided by said Code pertains to the extent of authority that a
government has in exercising its functions. The governments reach of authority extends
not only to the macro-level (national), but also to the micro-level (local cities, barangays)
which it effectively monitors its functions and constituents. These definitions may differ
in context, but they are similar in nature. The first definition states the functions of the
government while the other defines the scope in which the government exercises its
authority, thus can be supplementary to each other to produce such a definition of
government that is applicable to the Philippines.
In governing the society, the government must have set of rules that can manage
the societys actions. These rules can be also termed as laws. According to Dascil, Law,
in its general sense, is defined as the science of moral laws based on the rational nature of
man, governing his free activity for the realization of his individual social ends,
demandable and reciprocal.9
Dascil defined law as a guideline, a principle which presides over mans actions in
accordance with society and its different facets. In general, it governs our everyday living
in such a way that prohibits or encourages certain norms that is acceptable based on
morality. The rational nature of man is also given precedence, as it is the basis for the
formation of said science of law, based upon mans rationality.
Dascil (2004) also provides a definition of law in a narrower sense, which now
defines it as a just set of rules that are made effective by lawful authorities. 10 There is now
an emphasis on obligation, which signifies that man, abiding by law, is required to follow
it. Mans adherence to law is not without just cause, as it benefits not only the
government and society, but also man himself.
Republic Act No. 6972
This law has the title AN ACT ESTABLISHING A DAY CARE CENTER IN
EVERY BARANGAY, INSTITUTING THEREIN A TOTAL DEVELOPMENT AND
PROTECTION OF CHILDREN PROGRAM, APPROPRIATING FUNDS
9

10

Dascil, Atty. Rodelio T., Threshold to the Legal Profession An Introduction to Law, (1st ed., 2004)

Dascil, Atty. Rodelio T., Threshold to the Legal Profession An Introduction to Law, (1st ed., 2004)

THEREFORE, AND FOR OTHER PURPOSES. 11 The said act, from the name itself,
states that each barangay is to have their own day care center and use it to help nurture
the childrens development through education and protection. Each section of this law
pertains to the day care and how it is to be managed and for what purposes does it serve.
The law itself gave its foremost duty, as stated in section 2 of the said law.
As stated in Section 2 of Republic Act No. 6972, is the duty of the State to act as a
continuing instrument in upholding the basic rights of children through proper sustenance
and development. Also stated in the said section is the special duty of the State to prevent
abuse, neglect, exploitation and other hindrances to their development. Basically, the day
care center is a place for the development and protection of these children as aptly stated
in paragraphs (c), (d), (e), and (g) of Section 3 of the said law.
In relation to Section 2, it is stated in Section 3 of the same Act, specifically
paragraphs (c), (d), (e) and (g), are the specifics for the program of development and
protection of the children.12 A barangay day care center is provided to act as a sanctuary
for children up to six (6) years of age for their learning, protection and development. 13 In
order to enroll in a day care center, parental consent is mandatory except in cases of
abused, neglected and exploited children. Also, the barangay personnel must supervise
such activities in the day care center, and can call upon law enforcements to save a child
from abusive parents or an unfit home. Since it is provided in the law, every barangay is
required to enforce such means in order to ensure a childs safety and well being.
Furthermore, in Section 4 of the said Act, the barangay is the institution that will
implement such program. The barangay may ask for assistance from volunteers from the
community. The barangay may use their aid in the care and consultative services for
medical, educational and other needs of the children.14 Therefore, in the abovementioned
sections, there is a presumption that these day care centers of each barangay are to
contribute help when the needs and rights of the children are involved.
Resolution No. 7725 Childrens Welfare Code
In lieu of RA 6972, Davao City in its Resolution No. 7725 enacted Ordinance No.
2491. Its title is the Davao City Childrens Welfare Code.
This Ordinance supports the RA 6972 because they both defend children,
especially about their rights and their development. The policy of this ordinance also
speaks of the priority given to the development and protection of the rights of children in
the society which can be seen in Section 2 of the said Ordinance.

11

Rep. Act No. 6972, (1990)

12

Paragraphs (c), (d), (e), (g) of Section 3 of Rep. Act No. 6972

13

Section 2 of Rep. Act No. 6972

14

Section 4 of Rep. Act No. 6972

In article three of the said Ordinance, same with RA 6972, it is stated that there be
day care centers which should be set up in each barangay for the development of the
children.15
It can be then established that this local ordinance in Davao City, supports the
Law on day care centers which should be placed in each barangay to support children
protection and development. Given that this local ordinance also included R.A. 6972 in
their definition of terms in defining support for the children, it can then be asserted that
this ordinance backs up the law seriously and goes with its application of the said law.
Summary
The government is the middleman between the state and the people. And it is the
government which governs society and maintains order. It is through the set of rules,
called the law, wherein the citizens maintain peace and order. They use the law as basis
for their actions on what should they do on their everyday lives. The government uses
these laws to protect and establish cooperation between the people in the society. The
government then enacts Republic Act 6972 which establishes barangay day care centers
in each barangay to help the children in their development and in some cases, in their
protection. It is further supported by Davao City through its local ordinance 2491 through
the resolution no. 7725 given by the representatives of the people.

CHAPTER 3
Methodology

Research Design
The study will be qualitative in nature primarily focusing on assessment and
analysis.

Research Locale

15

Article III of Local Ordinance No. 2491 (1994)

The study will be conducted in Davao City,specifically in barangays 4-A, 17-B,

10-B, 19-B, 14-B, 28-C, 24-C, 35-D, 18-B, 27-B in the Poblacion area because of its
accessibility of location and diversity of information.

Unit of Analysis
The units of analysis that will be used in the research are day care center teachers
or workers, or in the event of absence of such personnel, barangay captains or kagawad
officials can supplement, as long as they are knowledgeable about the activities of the day
care center.

Sampling Procedure
The researchers will be using the random sampling method. Through the process
of drawing lots, the researchers will be randomly picking 10 barangays from a pool of
barangays taken from the Poblacion area. This method of sampling is best used in the
research in order to eliminate bias and promote diversity of information.
Data Collection Method
The study will use qualitative data collection using the Key Informant Interview
(KII) method. Through this method, the researchers can acquire detailed and qualitative
information about the experiences and opinions of the respondent in accordance with the
research matter. Also, due to the privacy and anonymity needed in our research, this
method is essential for the respondents to freely impart personal information without fear
of prejudice. Afterwards, the information acquired through this method is then assessed
through thematic analysis.
The study would be conducted using interview instruments such as voice
recording devices for recording of an ongoing interview, and journal for taking down
important details and responses gathered from the respondents.
Data Analysis
The data will undergo qualitative measures in order to determine the gathered
information. Data gathered from the respondent will undergo thematic analysis through
the lens of Kants Deontological Theory. Thematic analysis, as a method of analysis, will
be used by the researchers to encode and categorize the information supplied by the
respondents to produce themes or codes that are associated with their certain experiences.

Ethical Consideration
The research is intended for data gathering purposes only, thus confidentiality and
anonymity would be observed to protect the identity and the situation of the respondents.

Interviews would only be conducted upon the consent of the respondents. If there is no
consent given by the respondents, the interview would therefore not be forced to be
conducted. The researchers would also employ careful analysis of selecting suitable
questions to be provided for the respondents due to the nature of the study. If a certain
question would not be given an answer by the respondent, the researchers wont force the
respondent into answering. The research would also take into careful consideration the
usage of the interview instruments such as voice recorders. If a respondent is not
comfortable with the presence of the interview instruments, the devices would therefore
not be utilized.

REFERENCES:
Dascil, Atty. Rodelio T., (2004). Threshold to the Legal Profession An Introduction to
Law, 1st ed., Nicanor, Sr. St., C.M. Recto Avenue, Manila, Rex Bookstore. Inc.
De Leon, Hector S., (2008). Textbook on the Philippine Constitution, 2008 ed. , 84 P.
Florentino St., Quezon City, Rex Printing Company, Inc.
Rainbow, Catherine, Descriptions of Ethical Theories and Principles., retrieved last
September 17, 2014 at
http://www.bio.davidson.edu/people/kabernd/indep/carainbow/theories.htm
Republic Act No. 6972 (1990) AN ACT ESTABLISHING A DAY CARE CENTER IN
EVERY BARANGAY, INSTITUTING THEREIN A TOTAL DEVELOPMENT

10

AND PROTECTION OF CHILDREN PROGRAM, APPROPRIATING FUNDS

THEREFORE, AND FOR OTHER PURPOSES. Retrieved last September 16,
2014 from the LawPhilProject
http://www.lawphil.net/statutes/repacts/ra1990/ra_6972_1990.html
Ordinance No. 2491 (1994) Comprehensive Children and Family Support System in
Davao City otherwise known as Davao City Childrens Welfare Code.
Retrieved last September 17, 2014 at
http://www.usep.edu.ph/GAD/images/sitedocuments/Laws/Davao
%20City/childrens_welfare_code.pdf
Shakil, Ali, (n.d.). Kantian Duty Based (Deontological) Ethics. retrieved last September
17, 2014 at http://sevenpillarsinstitute.org/morality-101/kantian-duty-baseddeontological-ethics