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PD 603

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0% found this document useful (0 votes)
18 views

PD 603

Uploaded by

rjayperdido
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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P.

D 603 IN JUVENILE
DELINQUENCY
AND ITS SALIENT PROVISIONS AMD ITS IMPORTANCE
P.D 603

 The Child and Youth Welfare Code focuses on the welfare and protection of children and youth in the
Philippines, covering aspects such as the definition of youthful offenders, their examination, care,
suspension of sentence, and rehabilitation, with the provincial or city fiscal representing the Department
of Social Welfare in judicial matters.
INTRODUCTION OF P.D. 603

 The Child and Youth Welfare Code, also known as Presidential Decree No. 603,
was enacted on December 10, 1974, in the Philippines.
 The law focuses on the welfare and protection of children and youth in the
country.
 It covers various aspects such as the definition of youthful offenders, their
examination, care, suspension of sentence, and rehabilitation.
 The provincial or city fiscal represents the Department of Social Welfare in
judicial matters related to child and youth welfare.
Declaration of Policy

 The law begins with a declaration of policy, stating that children are one of the
most important assets of the nation.
 It emphasizes the importance of promoting their welfare and enhancing their
opportunities for a useful and happy life.
 The law recognizes that children are not mere creatures of the state and that their
individual traits and aptitudes should be cultivated to the utmost extent possible,
as long as they do not conflict with the general welfare.
Role of the Family
 The law highlights the role of the family in molding the character of the child.
 It emphasizes the importance of a wholesome and harmonious home environment.
 It encourages attachment to the home and strong family ties.
 It also emphasizes the importance of the home being connected to the interests of the community and the
country.
 The law recognizes the natural right and duty of parents in the rearing of the child and calls for the support
of the government and other institutions in this endeavor.
Rights of the Child
 The law outlines the rights of the child, which include:
 The right to be born well
 The right to a wholesome family life
 The right to a well-rounded development of personality
 The right to basic physical requirements for a healthy life
 The right to be brought up in an atmosphere of morality and rectitude
 The right to education
 The right to safe and wholesome recreation
 The right to protection against exploitation and other harmful conditions
 The right to live in a community and society that promote health and desirable traits
 The right to care and protection from the state
 The right to an efficient and honest government
 The right to grow up in an atmosphere of peace, understanding, tolerance, and universal brotherhood.
Responsibilities of the Child
 The law outlines the responsibilities of the child, which include:
 Striving to lead an upright and virtuous life
 Loving, respecting, and obeying parents
 Extending love and thoughtfulness to siblings
 Developing potentialities for service
 Respecting elders and customs
 Participating actively in civic affairs
 Helping in the observance of human rights and the strengthening of freedom
 Contributing to the building of a better world.
Civil Personality and Birth Records

 The law states that the civil personality of the child begins from the time of
conception.
 It addresses issues related to abortion and non-disclosure of birth records.
 It emphasizes that the child's welfare should be the paramount consideration in all
matters regarding their care, custody, education, and property.
Non-disclosure of Birth Records

 1) The person himself, or any person authorized by him;


 (2) His spouse, his parent or parents, his direct descendants, or the guardian or
institution legally in-charge of him if he is a minor;
 (3) The court or proper public official whenever absolutely necessary in
administrative, judicial or other official proceedings to determine the identity of
the child’s parents or other circumstances surrounding his birth; and
 (4) In case of the person’s death, the nearest of kin.
 Any person violating the prohibition shall suffer the penalty of imprisonment of at
least two months or a fine in an amount not exceeding five hundred pesos, or
both, in the discretion of the court.
 Art. 8. Child’s Welfare Paramount. – In all questions regarding the care, custody, education
and property of the child, his welfare shall be the paramount consideration.
 Art. 9. Levels of Growth. – The child shall be given adequate care, assistance and guidance
through his various levels of growth, from infancy to early and later childhood, to puberty and
adolescence, and when necessary even after he shall have attained age 21.
 Art. 10. Phases of Development. – The child shall enjoy special protection and shall be given
opportunities and facilities, by law and by other means, to ensure and enable his fullest
development physically, mentally, emotionally, morally, spiritually and socially in a healthy
and normal manner and in conditions of freedom and dignity appropriate to the corresponding
developmental stage.
 Art. 11. Promotion of Health. – The promotion of the Child’s health shall begin with adequate
pre-natal and post-natal care both for him and his mother. All appropriate measures shall be taken
to insure his normal total development.
 It shall be the responsibility of the health, welfare, and educational entities to assist the parents in
looking after the health of the child.
 Art. 12. Education. – The schools and other entities engaged in non-formal education shall assist
the parents in providing the best education for the child.
 Art. 13. Social and Emotional Growth. – Steps shall be taken to insure the child’s healthy social
and emotional growth. These shall be undertaken by the home in collaboration with the schools
and other agencies engaged in the promotion of child welfare.
 Art. 14. Morality. – High moral principles should be instilled in the child, particularly in the
home, the school, and the church to which he belongs.
 Art. 15. Spiritual Values. – The promotion of the child’s spiritual well-being according to the
precepts of his religion should, as much as possible, be encouraged by the State.
 Art. 16. Civic Conscience. – The civic conscience of the child shall not be overlooked. He shall
be brought up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness
and in full consciousness of his responsibilities as a member of society.
Title II. Child And Youth Welfare And
The Home
 Chapter 1. Parental Authoriity
 Section A. In General
 Art. 17. Joint Parental Authority. – The father and mother shall exercise jointly just and reasonable
parental authority and responsibility over their legitimate or adopted children. In case of disagreement,
the father’s decision shall prevail unless there is a judicial order to the contrary.
 In case of the absence or death of either parent, the present or surviving parent shall continue to exercise
parental authority over such children, unless in case of the surviving parent’s remarriage, the court, for
justifiable reasons, appoints another person as guardian.
 In case of separation of his parents, no child under five years of age shall be separated from his mother
unless the court finds compelling reasons to do so.
 Art. 18. Grandparents. – Grandparents shall be consulted on important family questions but they shall
not interfere in the exercise of parental authority by the parents.
 Art. 19. Absence or Death of Parents. – Grandparents and in their default, the oldest brother or
sister who is at least eighteen years of age, or the relative who has actual custody of the child,
shall exercise parental authority in case of absence or death of both parents, unless a guardian
has been appointed in accordance with the succeeding provision.
 Art. 20. Guardian. – The court may, upon the death of the parents and in the cases mentioned in
Arts. 328 to 332 of the Civil Code, appoint a guardian for the person and property of the child,
on petition of any relative or friend of the family or the Department of Social Welfare.
 Art. 21. Dependent, Abandoned or Neglected Child. – The dependent, abandoned or neglected
child shall be under the parental authority of a suitable or accredited person or institution that is
caring for him as provided for under the four preceding articles, after the child has been
declared abandoned by either the court or the Department of Social Welfare.
 Art. 22. Transfer to the Department of Social Welfare. – The dependent, abandoned or
neglected child may be transferred to the care of the Department of Social Welfare or a duly
licensed child-caring institution or individual in accordance with Articles 142 and 154 of this
Code, or upon the request of the person or institution exercising parental authority over him.
 From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring institution or
individual shall be considered the guardian of the child for all intents and purposes.
 Art. 23. Case Study. – It shall be the duty of the Department of Social Welfare to make a case study of every child
who is the subject of guardianship or custody proceedings and to submit its report and recommendations on the
matter to the court for its guidance.
 Art. 24. Intervention of Department of Social Welfare. – The Department of Social Welfare shall intervene on
behalf of the child if it finds, after its case study, that the petition for guardianship or custody should be denied.
 Art. 25. Hearings Confidential. – The hearing on guardianship and custody proceedings may, at the discretion of
the court, be closed to the public and the records thereof shall not be released without its approval.
 Art. 26. Repealing Clause. – All provisions of the Civil Code on parental authority which are not inconsistent
with the provisions of this Chapter shall remain in force: Provided, That Articles 334 up to 348 inclusive on
Adoption, are hereby expressly repealed and replaced by Section B of this Chapter.
 Note: Please see Republic Act 8552 (Domestic Adoption Act of 1998), and Republic Act 8043 (Inter-Country
Adoption Act).
 Art. 27. Who May Adopt. – Any person of age and in full possession of his civil rights may adopt: Provided, That
he is in a position to support and care for his legitimate, legitimated, acknowledged natural children, or natural
children by legal fiction, or other illegitimate children, in keeping with the means, both material and otherwise, of
the family.
 In all cases of adoption the adopter must be at least fifteen years older than the person to be adopted.
 Art. 28. Who May Not Adopt. – The following persons may not adopt:
 (1) A married person without the written consent of the spouse;
 (2) The guardian with respect to the ward prior to final approval of his accounts;
 (3) Any person who has been convicted of a crime involving moral turpitude;
 (4) An alien who is disqualified to adopt according to the laws of his own country or one with whose government the
Republic of the Philippines has broken diplomatic relations.
 Art. 29. Adoption by Husband and Wife. – Husband and Wife may jointly adopt. In such case, parental authority shall
be exercised as if the child were their own by nature.
 Art. 30. Who May Not Be Adopted. – The following may not be adopted:
 (1) A married person, without the written consent of the spouse;
 (2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;
 (3) A person who has already been adopted unless the adoption has been previously revoked or rescinded in
accordance with this Chapter.
 Art. 31. Whose Consent is Necessary. – The written consent of the following to the adoption shall be necessary:
 (1) The person to be adopted, if fourteen years of age or over;
 (2) The natural parents of the child or his legal guardian of the Department of Social Welfare or any duly licensed
child placement agency under whose care the child may be;

 Chapter 2. Rights Of Parents
 Art. 43. Primary Right of Parents. – The parents shall have the right to the
company of their children and, in relation to all other persons or institutions
dealing with the child’s development, the primary right and obligation to
provide for their upbringing.
 Art. 44. Rights Under the Civil Code. – Parents shall continue to exercise the
rights mentioned in Articles 316 to 326 of the Civil Code over the person and
property of the child.
 Art. 45. Right to Discipline Child. – Parents have the right to discipline the
child as may be necessary for the formation of his good character, and may
therefore require from him obedience to just and reasonable rules, suggestions
and admonitions.
 Chapter 3. Duties Of Parents
 Art. 46. General Duties. – Parents shall have the following general duties toward their children:
 (1) To give him affection, companionship and understanding;
 (2) To extend to him the benefits of moral guidance, self-discipline and religious instruction;
 (3) To supervise his activities, including his recreation;
 (4) To inculcate in him the value of industry, thrift and self-reliance;
 (5) To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his
commitment to his country;
 (6) To advise him properly on any matter affecting his development and well-being;
 (7) To always set a good example;
 (8) To provide him with adequate support, as defined in Article 290 of the Civil Code; and
 (9) To administer his property, if any, according to his best interests, subject to the provisions of Article
320 of the Civil Code.
 Art. 47. Family Affairs. – Whenever proper, parents shall allow the child to participate in the discussion
of family affairs, especially in matters that particularly concern him.
 In cases involving his discipline, the child shall be given a chance to present his side.
 Art. 48. Winning Child’s Confidence. – Parents shall endeavor to win the child’s confidence and to
encourage him to conduct with them on his activities and problems.
 Art. 49. Child Living Away from Home. – If by reason of his studies or for other causes, a child does
not live with his parents, the latter shall communicate with him regularly and visit him as often as
possible.
 The parents shall see to it that the child lives in a safe and wholesome place and under responsible adult
care and supervision.
 Art. 50. Special Talents. – Parents shall endeavor to discover the child’s talents or aptitudes, if any, and
to encourage and develop them.
 If the child is especially gifted, his parents shall report this fact to theNational Center for Gifted Children
or to other agencies concerned so that official assistance or recognition may be extended to him.
 Art. 51. Reading Habit. – The reading habit should be cultivated in the home. Parents shall, whenever possible,
provide the child with good and wholesome reading material, taking into consideration his age and emotional
development. They shall guard against the introduction in the home of pornographic and other unwholesome
publications.
 Art. 52. Association with Other Children. – Parents shall encourage the child to associate with other children of
his own age with whom he can develop common interests of useful and salutary nature. It shall be their duty to
know the child’s friends and their activities and to prevent him from falling into bad company. The child should
not be allowed to stay out late at night to the detriment of his health, studies or morals.
 Art. 53. Community Activities. – Parents shall give the child every opportunity to form or join social, cultural,
educational, recreational, civic or religious organizations or movements and other useful community activities.
 Art. 54. Social Gatherings. – When a party or gathering is held, the parents or a responsible person should be
present to supervise the same.
 Art. 55. Vices. – Parents shall take special care to prevent the child from becoming addicted to intoxicating
drinks, narcotic drugs, smoking, gambling, and other vices or harmful practices.
 Art. 56. Choice of career. – The child shall have the right to choose his own career. Parents may advise him on
this matter but should not impose on him their own choice.
 Art. 57. Marriage. – Subject to the provisions of the Civil Code, the child shall have the prerogative of choosing
his future spouse. Parents should not force or unduly influence him to marry a person he has not freely chosen.
Title III. Child And Youth Welfare And
Education
 Chapter 1. Access To Educational Opportunities
 Art. 71. Admission to Schools. – The state shall see to it that no child is refused admission in public schools.
All parents are required to enroll their children in schools to complete, at least, an elementary education.
 Art. 72. Assistance. – To implement effectively the compulsory education policy, all necessary assistance
possible shall be given to parents,specially indigent ones or those who need the services of children at home,
to enable the children to acquire at least an elementary education. Such assistance may be in the form of
special school programs which may not require continuous attendance in school, or aid in the form of
necessary school supplies, school lunch, or whatever constitutes a bar to a child’s attendance in school or
access to elementary education.
 Art. 73. Nursery School. – To further help promote the welfare of children of working mothers and
indigent parents, and in keeping with the Constitutional provision on the maintenance of an adequate
system of public education, public nursery and kindergarten schools shall be maintained, whenever
possible. The operation and maintenance of such schools shall be the responsibility of local
governments. Aid from local school board funds, when available, may be provided.
 Art. 74. Special Classes. – Where needs warrant, there shall be at least special classes in every
province, and, if possible, special schools for the physically handicapped, the mentally
retarded, the emotionally disturbed, and the specially gifted. The private sector shall be given
all the necessary inducement and encouragement to establish such classes or schools.
 Art. 75. School Plants and Facilities. – Local school officials and local government officials
shall see to it that school children and students are provided with adequate schoolrooms and
facilities including playground, space, and facilities for sports and physical development
activities. Such officials should see to it that the school environment is free from hazards to the
health and safety of the students and that there are adequate safety measures for any
emergencies such as accessible exits, firefighting equipment, and the like. All children shall
have the free access to adequate dental and medical services.
Chapter II. The Home And The School

 Art. 76. Role of the Home. – The home shall fully support the school in the implementation of the total
school program – curricular and co-curricular – toward the proper physical, social, intellectual and moral
development of the child.
 Art. 77. Parent-Teacher Associations. – Every elementary and secondary school shall organize a parent-
teacher association for the purpose of providing a forum for the discussion of problems and their solutions,
relating to the total school program, and for insuring the full cooperation of parents in the efficient
implementation of such program. All parents who have children enrolled in a school are encouraged to be
active members of its PTA, and to comply with whatever obligations and responsibilities such membership
entails.
 Parent-Teacher Association all over the country shall aid the municipal and other local authorities and school
officials in the enforcement of juvenile delinquency control measures, and in the implementation of
programs and activities to promote child welfare.
THANKYOU FOR LISTENING

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