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PRESIDENTIAL DECREE NO. 1563
PRESIDENTIAL DECREE NO. 1563 -
ESTABLISHING AN INTEGRATED SYSTEM FOR THE CONTROL AND ERADICATION OF
MENDICANCY, PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
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WHEREAS,
the promotion of social justice and protection of life, property and
dignity of the citizenry in endangered by rampant mendicancy;chanroblesvirtualawlibrary
WHEREAS, mendicancy breeds crime, creates traffic hazards, endangers
health, and exposes mendicants to indignities and degradation;
and chanroblesvirtualawlibrary
WHEREAS, there is an immediate need to provide appropriate services to
enable mendicants to meet their basic needs and develop self-reliance.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. Title and Scope of the Decree. — This
Decree shall be known as the Mendicancy Law of 1978. It shall apply to
all mendicants, and exploited infants or children who are 8 years old
and below, minors found begging and covered by Presidential Decree No.
603 and parents of exploited infants and children criminally liable
under Article 59 and 60 of Presidential Decree No. 603.
Section 2. Purpose. — This Decree shall be
interpreted so as to, among others: chanroblesvirtualawlibrary
a. Prevent the commission of mendicancy;chanroblesvirtualawlibrary
b. Prevent the exploitation of infants and children
through mendicancy and provide habilitative services for those already
exploited or in immediate danger of exploitation; and
c. Promote the rehabilitation of minors found
begging and mendicants by providing an integrated developmental package
of preventive, habilitative interceptive, remedial, and/or
rehabilitative services.
Section 3. Definition of Terms. — As used in this
Decree, the following shall, unless the context otherwise requires, be
construed thus: chanroblesvirtualawlibrary
a. "Mendicant" refers to any person, except those
enumerated in Section 4 of this Decree, who has no visible and legal
means of support, or lawful employment and who is physically able to
work but neglects to apply himself to some lawful calling and instead
uses begging as a means of living.
b. "Exploited Infant" or "Child" refers to an infant
or child 8 years and below who is used in begging or one who
accompanies a habitual vagrant or beggar.
c "Habitual Mendicant" refers to one who has been
convicted of mendicancy under this Decree two or more times.
d. "Duly Licensed Child Placement Agency" or
"Individual" is an institution or person licensed by the Department of
Social Services and Development to assume the care, custody, protection
and maintenance of children for placement in any child-caring
institution or home under the care and custody of any person for
purposes of adoption, guardianship or foster care. chanroblesvirtualawlibrary
e. Integrated Developmental Package of Services
include the following:cralaw:red
1) Preventive services to measures that forestall
the occurrence of situations identified as contributory to mendicancy;chanroblesvirtualawlibrary
2) Habilitative services refer to measures which
provide environmental or socio-economic conditions for the exploited
infant or child which maximize possibilities and opportunities for the
enjoyment of satisfactory equality of life before the formation of
undesirable attitudes and values or the onset of conditions most
conducive to mendicancy;chanroblesvirtualawlibrary
3) Interceptive services are measures which channel
or direct the growth potential and productive energy of the mendicant
infant, child, youth or adult to offset the effect of factors
contributing to mendicancy;chanroblesvirtualawlibrary
4) Remedial services refer to measures intended to
meet the basic needs and improve living condition of the mendicant;
and chanroblesvirtualawlibrary
5) Rehabilitative services refer to medical, social,
educational, psychological and vocational measures to develop and/or
restore the mendicant to the fullest state of well-being or economic
usefulness of which he is capable, and to engage in a gainful
occupation.
Section 4. Apprehension of and Services for
Persons Found Begging. — Any infants or child 8 years old and
below who is found begging or is being utilized by a mendicant for
purposes of begging shall be apprehended as a neglected child under
Article 141 of PD 603 and shall be committed to the custody and care of
the Department of Social Services and Development or to any duly
licensed child placement agency or individual. chanroblesvirtualawlibrary
Any minor over 9 years of age under 15 found begging or is being
utilized for purposes of begging and who acted without discernment
shall be apprehended as a neglected child under Article 141 of
Presidential Decree No. 603 and shall be committed to the custody and
care of the Department of Social Services and Development or to any
duly licensed placement agency or individual.
Any minor over 9 years of age and under 15 who is found begging or is
being utilized for the purpose of begging and who acted with
discernment shall be proceeded against in accordance with the
provisions of Chapter 3, Title VIII of Presidential Decree No. 603.
Any person not otherwise covered in the preceding paragraph of this
Section who is found begging and who is physically or mentally
incapable of gainful occupation shall be provided the integrated
package of services by the Department of Social Services and
Development, the Welfare units of local governments and other
cooperating agencies.
Section 5. Criminal Liability. — A mendicant as
defined in Paragraph (a) Section 3 hereof, shall, upon conviction, be
punished by a fine not exceeding P500.00 or by imprisonment for a
period not exceeding 2 years or both at the discretion of the court.
A habitual mendicant shall be punished by a fine not exceeding
P1,000.00 or by imprisonment for a period not exceeding 4 years or both
at the discretion of the court.
Parents of exploited infants or minors under Section 4 of this Decree
shall be proceeded against in accordance with Articles 59 and 60 of
Presidential Decree No. 603, unless they are themselves mendicants.
Any person who abets mendicancy by giving alms directly to mendicants,
exploited infants and minors on public roads, sidewalks, parks and
bridges shall be punished by a fine nor exceeding P20.00.
Section 6. Information Program. — The
Department of Public Information shall conduct a nationwide educational
and information program on the Mendicancy Law and educate the public to
contribute only to lawful fund raising projects and prevent the
community in giving alms except through organized agencies, subject to
such rules and regulations as the Secretary of the Department of Public
Information may promulgate.
Section 7. Local Programs and Facilities. — Local
governments shall provide socio-economic programs and establish
operating units including reception and action centers, sheltered
workshops, constitute homes and other facilities for mendicants,
subject to such rules and regulations as the Secretary of the
Department of Local Government and Community Development may
promulgate. chanroblesvirtualawlibrary
Section 8. Health Needs. — The Department of Health
shall provide the necessary measures in meeting the health needs of
mendicants, subject to such rules and regulations as the Secretary of
the Department of Health may promulgate.
Section 9. Law Enforcement. — The Department of
National Defense shall provide the necessary law enforcement and other
related services for the implementation of this Decree, subject to such
rules and regulations as the Secretary of the Department of National
Defense may promulgate.
Section 10. Integrated Network of Services. — The
Department of Social Services and Development shall provide an
integrated network of appropriate services to exploited infants and
children 8 years old and below as well as mendicant minors and adult
mendicants and shall coordinate the services related to the
implementation of this Decree, subject to such rules and regulations as
the Secretary of the Department of Social Services and Development may
promulgate. chanroblesvirtualawlibrary
Section 11. Appropriations. — The sum of two million
pesos (P2,000,000) is hereby authorized to be appropriated out of any
funds in the National Treasury that are not otherwise appropriated, in
order to support the activities under this Decree.
Section 12. Repealing Clause. — All laws, decrees,
orders, rules and regulations which are inconsistent with this Decree
are hereby repealed or modified accordingly.
Section 13. Separability of Provisions. — If for any
reason any section of provision of this Decree is declared
unconstitutional or invalid, the other sections or provisions thereof
which are not affected thereby shall continue in full force and
effect. chanroblesvirtualawlibrary
Section 14. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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