1. PD 603 or the Child and Youth Welfare Code is a comprehensive Philippine law that aims to promote and protect children's rights and welfare. It recognizes that children are vital resources that deserve special care, protection, and assistance.
2. The document outlines various parental responsibilities under Philippine law, including providing for children's basic needs, nurturing their development, and protecting them from harm. Parents can be held legally and financially liable for their children's actions and well-being.
3. For children under age 7, legal custody is typically granted to the mother unless the court finds compelling reasons otherwise, based on the belief that very young children are best cared for by their mother. However, fathers and other guard
1. PD 603 or the Child and Youth Welfare Code is a comprehensive Philippine law that aims to promote and protect children's rights and welfare. It recognizes that children are vital resources that deserve special care, protection, and assistance.
2. The document outlines various parental responsibilities under Philippine law, including providing for children's basic needs, nurturing their development, and protecting them from harm. Parents can be held legally and financially liable for their children's actions and well-being.
3. For children under age 7, legal custody is typically granted to the mother unless the court finds compelling reasons otherwise, based on the belief that very young children are best cared for by their mother. However, fathers and other guard
1. PD 603 or the Child and Youth Welfare Code is a comprehensive Philippine law that aims to promote and protect children's rights and welfare. It recognizes that children are vital resources that deserve special care, protection, and assistance.
2. The document outlines various parental responsibilities under Philippine law, including providing for children's basic needs, nurturing their development, and protecting them from harm. Parents can be held legally and financially liable for their children's actions and well-being.
3. For children under age 7, legal custody is typically granted to the mother unless the court finds compelling reasons otherwise, based on the belief that very young children are best cared for by their mother. However, fathers and other guard
1. PD 603 or the Child and Youth Welfare Code is a comprehensive Philippine law that aims to promote and protect children's rights and welfare. It recognizes that children are vital resources that deserve special care, protection, and assistance.
2. The document outlines various parental responsibilities under Philippine law, including providing for children's basic needs, nurturing their development, and protecting them from harm. Parents can be held legally and financially liable for their children's actions and well-being.
3. For children under age 7, legal custody is typically granted to the mother unless the court finds compelling reasons otherwise, based on the belief that very young children are best cared for by their mother. However, fathers and other guard
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IMPORTANT PROVISIONS OF PD 603 responsibilities aimed at
ensuring the well-being and
PD 603 – THE CHILD AND YOUTH proper upbringing of their WELFARE CODE offspring. These responsibilities - approved on 10 December 1974 typically include providing for the - effectivity date is 10 June 1975 basic needs of children, such as (six months after approval) food, shelter, and clothing, as - shall apply to persons under well as ensuring access to eighteen (18) years of age education and healthcare. - RA 10630, law that amend RA 9344 - Parents are also responsible for nurturing their children’s This decree is a comprehensive emotional and social piece of legislation that aims to promote and development, imparting values, protect the rights and welfare of children and guiding them towards and youth in the Philippines. PD 603 becoming responsible and recognizes that children and youth are vital productive members of society resources of the nation and deserve special moreover, parental responsibility care, protection, and assistance. involves protecting children from harm and making decisions in their best interests, especially in PARENTAL AUTHORITY (PATRIA matters of custody, visitation, POTESTAS) and important life choices. It is a fundamental aspect of parenting - the sum total of the rights of the that carries both legal and ethical parents over the person and weight, emphasizing the property of their child importance of a stable and - the exercise of which has no supportive environment for distinction between a legitimate children to thrive and grow into and an illegitimate child well-rounded individuals. - the father and the mother shall - the sum total of the duties and exercise jointly just and reasonable parental authority obligations of parents over their and responsibility over their minor children. legitimate or adopted children - in case of death of either parent, LIABILITIES OF PARENTS the surviving parent shall - parents and guardians are exercise sole parental authority - in case of disagreement, the responsible for the damage or injury caused by the child under father’s decision shall prevail their parental authority unless there is a judicial order to the contrary - The liabilities of parents are the PARENTAL RESPONSIBILITY legal and moral obligations they bear for the actions and well- - Parental responsibility refers to being of their children. Legally, parents can be held liable for the the legal and moral obligations misconduct or harm caused by that parents have towards their their children, especially if they children. It encompasses a wide fail to exercise reasonable range of duties and supervision and control. This (5) Fails or refuses, without justifiable liability may extend to property grounds, to enroll the child as damage, personal injury, or required by article 72. criminal acts committed by their (6) Causes, abates, or permits the minors furthermore, parents are truancy of the child from the school typically financially responsible where he is enrolled. for their children's basic needs. (7) Improperly exploits the child by Including food, clothing, and using him, directly or indirectly, such shelter, which may result in legal as for purposes of begging and other obligations such as child support, acts which are inimical to his interest morally, parents have a and welfare. responsibility to provide (8) Inflicts cruel and unusual emotional support, guidance, punishment upon the child or and a nurturing environment to deliberately subjects him to promote their children’s physical indignations and other excessive emotional, and social chastisement that embarrass or development. Neglecting these humiliate him. responsibilities can lead to (9) Causes or encourages the child to emotional and psychological lead an immoral or dissolute life. consequences for the child and (10) permits the child to possess, handle may even result in legal or carry a deadly weapon, regardless of intervention, such as child its ownership. protective services becoming (11) allows or requires the child to drive involved. without a license or with a license which the parent knows to have been illegally procured. If the motor vehicle driven by LIABILITIES OF PARENTS the child belongs to the parent, it shall be presumed that he permitted or TORTS ordered the child to drive. Parents and guardians are responsible for the damage caused by the LEGAL CUSTODY child under their parental authority in - in case of separation of parents, accordance with the civil code. no child under SEVEN (7) YEARS OF AGE shall be CRIMES separated from his mother Criminal liability shall attach to any unless the court decides parent who: otherwise (1) Conceals or abandons the child with intent to make such child lose his In the Philippines, legal custody of a civil status. child below 7 years old is typically granted (2) Abandons the child under such to the mother, provided that she is not circumstances as to deprive him of deemed unfit or disqualified by the court this the love, care and protection he principle is based on article 213 of the needs. family code of the Philippines, which states (3) Sells or abandons the child to that "no child under seven years of age shall another person for valuable be separated from the mother, unless the consideration. court finds compelling reasons to order (4) Neglects the child by not giving him otherwise." this legal provision is rooted in the education which the family’s the belief that a child of such a young age is station in life and financial conditions best cared for and nurtured by the mother, permit. given her natural bond and ability to provide - Guardianship proceedings in the for the child's physical and emotional needs. Philippines are typically governed by the family code and However, it’s important to note that other relevant laws, to establish this provision does not automatically guardianship an interested party exclude fathers or other guardians from must file a petition with the having legal custody of a child below 7 appropriate court, seeking the years old. The court may grant custody to appointment of a guardian the the father or another suitable guardian if court will then evaluate the there are compelling reasons, such as the circumstances and make a mother being unfit or incapable of providing determination based on the best proper care, or if it is in the child’s best interests of the ward (the interest to be placed under a different individual in need of a guardian). guardian’s care. - It’s important to note that Ultimately custody decisions in the guardianship can be temporary Philippines, even for children below 7 years or permanent, depending on the old, are made by the court, taking into specific circumstances of the consideration the child’s welfare and best case temporary guardianship interests, and any relevant evidence and may be granted in situations circumstances presented during legal where the ward’s incapacity or proceedings. It’s advisable for parents to need for assistance is expected seek legal counsel to navigate the to be temporary, such as in complexities of child custody matters in the cases of illness or temporary Philippines. absence of parents. Permanent guardianship is typically granted GUARDIANSHIP in situations where the ward’s - a trust relation of the most incapacity is expected to be sacred character, in which one long-term or permanent. person, called a guardian, acts for another, called a ward, SUBSTITUTE PARENTAL AUTHORITY regarded as incapable of - in case of absence or death of managing his own affairs both parents, substitute parental authority shall be given to the - Guardianship in the Philippines following, in order of priority: is a legal arrangement that 1) grandparents grants a person the authority and 2) oldest brother or sister at responsibility to care for and least 21 years of age make decisions on behalf of 3) relative who has actual someone who is incapable of custody of the taking care of themselves, such child/guardian duly as a minor or an incapacitated appointed by the court individual the need for guardianship often arises when COMMENCEMENT OF CIVIL parents are unable to fulfill their PERSONALITY parenting duties, when a child is - the CIVIL PERSONALITY of the orphaned, or when an adult is child shall commence from the declared legally incapacitated MOMENT OF CONCEPTION due to physical or mental disability. In the Philippines, the determining the individual's inherited traits commencement of civil personality is a legal and characteristics. concept that marks the beginning of an individual’s legal existence and rights as a CIVIL PERSONALITY person. This concept is primarily defined - pertains to the identity and and governed by the civil code of the recognition of an individual as Philippines civil personality begins at birth person having rights. and encompasses several important aspects: - shall commence from the moment of conception, thus all At the moment of birth, when a child children shall have the right to be is completely delivered from the mother’s born and the right to live. womb, their civil personality is deemed to have commenced. This means that from - Civil personality, also known as that point forward, the child is recognized as legal personality or legal a legal entity with certain rights and capacity, is a fundamental responsibilities these rights include the right concept in the field of law that to a name, the right to inherit property, and pertains to the recognition of the capacity to enter into contracts and individuals, organizations or transactions, subject to limitations based on entities as having certain rights age and mental capacity. and responsibilities within a legal framework it is the foundation Birth registration plays a crucial role upon which legal relationships confirming and formalizing an in individual’s and transactions are built in civil personality. It is a legal requirement in essence civil personality grants the Philippines to register a child’s birth with entities the ability to act, own the local civil registrar within a specific property enter into contracts, and period after birth. This registration not only be subject to legal obligations establishes the child’s identity but also and liabilities. enables them to enjoy the full range of rights and privileges associated with their ABORTION civil personality. - the expulsion of the fetus from the mother’s womb CONCEPTION - the start of life - Abortion in the Philippines is a - the union of the sperm cell and highly controversial and sensitive the egg cell issue due to the country’s strong - also called the process of cultural and religious influences, fertilization primarily from the roman catholic church. The Philippines has one Conception, in the context of human of the most restrictive abortion reproduction, is the pivotal moment when a laws in the world, with abortion sperm cell from a male successfully being illegal under most fertilizes an egg cell from a female, resulting circumstances. The 1987 in the formation of a zygote. This Philippine constitution remarkable biological process typically recognizes the sanctity of life occurs in the fallopian tubes of the female from conception, which serves reproductive system. Conception marks the as the legal basis for these initiation of a new human life, as the stringent restrictions. combination of genetic material from both parents forms a unique set of DNA, - As a result the termination of a pregnancy is only allowed to In what ways is the crime of intentional save the life of the pregnant abortion committed? woman, and even then, access • Using any violence upon the person of the to safe and legal abortion pregnant woman services can be extremely • By administering drugs or beverages upon limited. such pregnant woman without her consent • By administering drugs or beverages with - The restrictive legal framework the consent of the pregnant woman has led to significant public health concerns, as many women in the Philippines resort CATEGORIES OF CHILDREN to unsafe and clandestine 1) DEPENDENT abortion procedures, putting their - one who is without a parent, lives at risk. These unsafe guardian or custodian, or whose practices often result in maternal parents, guardian or other morbidity and mortality. The lack custodian for good cause desire of access to safe abortion to be relieved of his care and services also disproportionately custody and is dependent upon affects marginalized the public for support communities and low-income individuals who cannot afford 2) ABANDONED private healthcare options. - one who had no proper parental care or guardianship or whose parents or guardians have KINDS OF ABORTION deserted him for a period of at least six consecutive months (PD 1) CRIMINAL ABORTION 603) - classified as intentional or - refers to a child who has no unintentional as provided by the proper parental care or Revised Penal Code Art. 256(- guardianship, or whose parents any person who shall have deserted him or her for a intentionally cause an abortion period of at least three (3) shall suffer: the penalty of continuous months (RA 9523 reclusion temporal, if he shall use any violence upon the 3) NEGLECTED person of the pregnant woman) - one whose basic needs have the penalty of prision mayor if, been deliberately unattended or without using violence, he shall inadequately attended act without the consent of - a child is unattended when left woman. by himself without provision for - punishable by law his needs and without proper supervision - neglect may occur in two ways: 2) THERAPEUTIC ABORTION a) physical neglect - recommended and performed by o Malnourishment, untidy and a certified physician when there damaged clothing, no shelter are health risks and b) emotional neglect complications o maltreated, raped, seduced, - not punishable by law abused, exploited, made to work under conditions not SPECIAL CLASSIFICATION OF CHILD conducive to good health or “BOARD QUESTION” placed in moral and physical danger A. Mentally retarded (socially incompetent, inadequate) 4) MENTALLY-RETARDED 1. Custodial (IQ 25) - socially incompetent, socially 2. Trainable (25-50) inadequate, occupationally ¼ or average child incompetent and unable to 3. Educable (50-75) manage their own affairs ½ to ¼ (up to 5-6 g) - mentally sub-normal 4. Borderline or low - retarded intellectually from birth normal (75 to or early age about 89) requires - retarded at maturity some extra help - mentally deficient as a result of 5. Idiot – one whose constitutional origin through mental condition is heredity or disease liken to a person 2 - essentially incurable years old below. 6. Imbecile – those whose mental 5) PHYSICALLY-HANDICAPPED condition is similar - crippled, deaf-mute, blind and to that of age 2 to 7 other conditions which restrict years old. their means of action or 7. Moron – one whose communication with others mental condition is similar to that of 6) EMOTIONALLY-DISTURBED seven years of age - those who, although not afflicted below. with insanity or mental defect, are unable to maintain normal social relations with others and B. MENTALLY ILL the community in general due to (BEHAVIORAL DISORDER) emotional problems or FOR O complexes (FUNCTIONAL/ORGANIC - may be caused by traumatic experiences C. EMOTIONALLY DISTURBED (SUICIDAL) 7) MENTALLY-ILL D. PHYSICALLY - those with any behavioral HANDICAPPED (CRIPPLED, disorder, whether functional or DEAF- MUTE, BLIND ETC.) organic, which is of such a DISABLED: MENTALLY – degree of severity as to require MENTALLY RETARDED professional help or PHYSICALLY- hospitalization HANDICAPPED
8) DISABLED Full Scale Intelligence Quotient (FSIQ)
- includes mentally-retarded, physically-handicapped, Classifies overall intellectual emotionally-disturbed and ability within a range mentally-ill children Extremely Low (<60) - passed date is on Feb 13, 1998 Borderline (70-79) - approved on 25 February 1998 - signed by Fidel V. Ramos Low Average (80-89) ADOPTER Average (90-109) - the person adopting or petitioning for the adoption of a child High Average (110-119) ADOPTEE Superior (120-129) - the child or person being petitioned for adoption Very Superior (>130) CHILD LEGALLY AVAILABLE FOR IMPORTANT PROVISIONS OF THE LAWS ADOPTION ON ADOPTION - a child who has been voluntarily RA 8552 or involuntarily committed to the DSWD or to a duly licensed and ADOPTION accredited child-placing or child- - an act by which relations of caring agency, freed of the paternity and filiations are parental authority of his or her recognized as legally existing biological parents or guardians between persons not so related or adopter, in case of rescission by nature - refers to a child in whose favor a - the taking into one’s family of the certification was issued by the child of another, as son or DSWD that he or she is legally daughter and heir, and available for adoption after the conferring on it a title to the fact of abandonment or neglect rights and privileges of such has been proven through the submission of pertinent FILIATION documents, or one who was - the acknowledgment of the voluntarily committed by his or father of his relationship with the her parents or legal guardian child (RA 9523) - also called paternity VOLUNTARILY-COMMITTED CHILD BIOLOGICAL CHILD - one whose parents or legal - natural-born child of the parents guardian knowingly and willing ADOPTED CHILD fully relinquished parental - a child who underwent the authority to the DSWD or any judicial process of adoption duly accredited child-placement or child caring agency or FOUNDLING institution - refers to a deserted or abandoned infant or child whose INVOLUNTARY-COMMITTED CHILD / parents, guardian or relatives are INVOLUNTARY COMMITMENT OF THE unknown CHILD - When the need of the child is RA 8552 – DOMESTIC ADOPTION ACT being neglected OF 1998 - The DSWD found that the best WHO MAY ADOPTED: interest of the child is neglected 1) any person below eighteen (18) - is one whose parent(s), known or years of age judicially declared unknown, has been permanently available for adoption and judicially deprived of 2) the legitimate son or daughter of one parental authority due to spouse by the other spouse abandonment; substantial, 3) an illegitimate son or daughter by a continuous, or repeated neglect; qualified adopter to improve his or abuse; or incompetence to her status to that of legitimacy discharge parental 4) a person of legal age if prior to the responsibilities. adoption, said person has been consistently considered and treated CHILD-CARING AGENCY OR by the adopter as his or her own INSTITUTION child since minority - refers to a private non-profit or 5) a child whose adoption has been government agency duly previously rescinded accredited by the DSWD that 6) a child whose biological or adoptive provides twenty-four (24) hour parents has died, but proceedings residential care services for may only be initiated after six (6) abandoned, neglected, or months from the time of the death of voluntarily committed children the parents (RA 9523) SUPERVISED TRIAL CUSTODY CHILD-PLACING AGENCY OR - a period of time within which a INSTITUTION social worker oversees the - refers to a private non-profit adjustment and emotional institution or government agency readiness of both adopter and duly accredited by the DSWD adoptee in stabilizing their filial that receives and processes relationship applicants to become foster or - the period is at least six (6) adoptive parents and facilitate months placement of children eligible for foster care or adoption RESCISSION OF ADOPTION WHO MAY ADOPT: - the nullification of the adoption 1) any Filipino citizen of legal age at - adoption shall not be subject to least sixteen (16) years older than rescission by the adopter the adoptee unless the adopter is the biological parent of the adoptee, GROUNDS FOR RESCISSION OF or is the spouse of the adoptee’s ADOPTION biological parent 1) repeated physical and verbal 2) any alien possessing the same maltreatment by the adopter despite qualifications as that of a Filipino having undergone counseling citizen, who has been living in the 2) attempt on the life of the adoptee Philippines for at least three (3) 3) sexual assault or violence consecutive years, and whose 4) abandonment and failure to comply country has diplomatic relations with with parental obligations the Philippines 3) the guardian respect to the ward SIMULATION OF BIRTH - is the tampering of the civil the parent by nature of the adoptee registry making it appear in the or the spouse of such parent birth records 4) coming from a country with whom that a certain child was born to a the Philippines has diplomatic person who is not his/her relations biological mother, causing such 5) possesses all the qualifications child to lose his/her true identity provided in other applicable and status. Philippine laws
SEC. 9. Who May Adopt. — Any alien or a
RA 8043 – INTER-COUNTRY ADOPTION Filipino citizen permanently residing abroad ACT OF 1995 may file an application for inter-country - approved on 7 June 1995 adoption of a Filipino child if he/she: 1. Is at least twenty-seven (27) years INTER-COUNTRY ADOPTION of age and at least sixteen (16) - the socio-legal process of years older than the child to be adopting a Filipino child by a adopted, at the time of application foreigner or a Filipino citizen unless the adoptor is the parent by permanently residing abroad nature of the child to be adopted or where the petition is filed, the the spouse of such parent; supervised trial custody is 2. If married, his/her spouse must undertaken and the decree of jointly file for the adoption; adoption is issued outside the 3. Has the capacity to act and assume Philippines all rights and responsibilities of parental authority under his national MATCHING – judicious pairing of the laws, and has undergone the adopted child and the applicant appropriate counseling from an accredited counselor in his/her INTER-COUNTRY ADOPTION BOARD country; - acts as the central authority in 4. Has not been convicted of a crime matters relating to inter-country involving moral turpitude; adoption 5. Is eligible to adopt under his/her - shall act as the policy-making national law; body for purposes of carrying out 6. Is in a position to provide the proper the provisions of RA 8043, in care and support and to give the consultation and coordination necessary moral values and with the DSWD example to all his children, including - headed by the Secretary of the the child to be adopted; 7. Agrees to uphold the basic rights of DSWD as ex officio chairman the child as embodied under and six (6) members to be Philippine laws, the U.N. appointed by the President, with Convention on the Rights of the a term of office of six (6) years Child, and to abide by the rules and regulations issued to implement the WHO MAY ADOPT: provisions of this Act; 1) any alien or a Filipino citizen 8. Comes from a country with whom permanently residing abroad the Philippines has diplomatic 2) at least twenty-seven (27) years of relations and whose government age maintains a similarly authorized and 3) at least sixteen (16) years older than accredited agency and that adoption the adoptee unless the adopter is is allowed under his/her national CHILD ABUSE laws; and - refers to maltreatment, whether 9. Possesses all the qualifications and habitual or not, of the child none of the disqualifications provided herein and in other FORMS OF CHILD ABUSE applicable Philippine laws. 1) CRUELTY – refers to any word or deed which debases, degrades or WHERE TO FILE APPLICATION demeans the intrinsic worth and - shall be filed either with: dignity of the child as human being a) the Philippine Regional Trial 2) PHYSICAL INJURY – includes but Court; or is not limited to lacerations, fractured b) the Inter-Country Adoption bones, burns, internal injuries, Board, through an severe injuries, or serious bodily intermediate agency in the harm suffered by a child country of the prospective 3) PSYCHOLOGICAL INJURY – adoptive parents means harm to a child’ psychological or intellectual functioning which may SUPERVISED TRIAL CUSTODY be exhibited by severe anxiety, - shall be at least six (6) months depression, withdrawal or outward aggressive behavior IMPORTANT PROVISIONS OF RA 9523 4) NEGLECT – means failure to provide, for reasons other than RA 9523 – the law giving DSWD the sole poverty, the basic needs of the child, authority to issue the certification such as food, clothing, medical care, declaring a child legally available for shelter and basic education adoption 5) SEXUAL ABUSE – includes the - amended provisions of RA 8552 employment, use, inducement or and RA 8043 coercion of a child to engage in - approved on 12 March 2009 sexual intercourse or lascivious conduct; the molestation, prostitution IMPORTANT PROVISIONS OF RA 7610 and or incest with children
RA 7610 – SPECIAL PROTECTION OF CHILD PROSTITUTION
CHILDREN AGAINST CHILD ABUSE, - exploitation of children, whether EXPLOITATION AND DISCRIMINATION male or female, by coercing ACT them into indulging in sexual - approved on 17 June 1992 intercourse or lascivious conduct - this law is also commonly for money, profit or any other referred to as the Anti-Child consideration Abuse Act WHO ARE CRIMINALLY LIABLE FOR RA 7658 – amendatory law to RA 7610 CHILD PROSTITUTION: - approved on 9 November 1993 1) those who engage in or promote, - this law amended the provisions facilitate or induce child prostitution, such as: of RA 7610 regarding working a) those acting as procurer of a children child prostitute - this law was further amended by b) parents, guardians, or relatives RA 9231 who knowingly allow or coerce their children or ward into prostitution 2) those who commit the act of sexual intercourse or lascivious conduct with a child exploited in child prostitution, such as: a) clients of child prostitutes 3) those who derive profit or advantage there from, such as: a) managers or owners of the establishment where the prostitution takes place
OBSCENE PUBLICATIONS AND
INDECENT SHOWS - the use, hiring, employment and coercing of children as performers, actors or models for obscene exhibitions and indecent shows, whether live or in video, or in printed pornographic materials
CHILDREN AS ZONES OF PEACE
- children shall not be the object of attack in situations of armed conflict - they shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment - children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units, nor be allowed to take part in the fighting, or used as guides, couriers or spies - children shall be given priority during evacuation as a result of armed conflict