Paternity and Filiations

Filiations is the civil status or relationship of the child to the father. The
filiations of children may be by nature or by adoption. Natural filiations may
be legitimate or illegitimate while paternity is the civil status relationship of
the father to the child.

Kinds of children under Family Code

1. Legitimate Child
 One conceived or born during the marriage of the parents.
 Children conceived as a result of artificial insemination of the wife with
the sperm of the husband or that of a donor or both are likewise
legitimate children of the husband and his wife, provided, that both of
them authorized or ratified such insemination in a written instrument
executed and signed by them before the birth of the child. The
instrument shall be recorded in the civil registry together with the birth
certificate of the child.

2. Illegitimate Child
• Children conceived outside the valid marriage.

Take Note: Under R.A. No. 9255, Illegitimate children may use the
surname of their father if their filiation has been expressly recognized by the
father, either through:
a. record of birth in civil register
b. father’s admission in public document
c. father’s admission in private handwritten document

3. Legitimated Child
• Takes place by a subsequent valid marriage between parents.
• The annulment of a voidable marriage shall not affect the legitimation.
• Any child can be legitimated as long as there are no disqualifications
by any impediment to marry.
• Legitimated child will enjoy the same rights as legitimate children.

1. Adopted Child
 Legally made the son or daughter of someone other than the biological
parent.

What is Family?
 Denotes a group of people affiliated by consanguinity, affinity, and co-
residence.
 Basic unit of society
 Basic social institution
 Foundation of nation (Art. 149, FC)

What are the Types of Family?

1. Nuclear family/Conjugal or Elementary family – composed of a
father, mother and a child or children
2. Extended family – composed of members other than the father,
mother, and children, e.g., in-laws, relatives, household helps,
employees, etc.
 RELATED PHILIPPINE LAWS AFFECTING CHILDREN

 PD 603
It is known as the “Child and Youth Welfare Code”. It was
approved on December 10, 1974 and took effect on June 10, 1975.

 R.A. 6809
Lowering the age of majority from 21 to 18 years of age.

 RA 9344
It is known as the “Juvenile Justice Welfare Act of 2006”. It was
approved on April 28, 2006.

 RA 10630
An Act Strengthening the Juvenile Justice System in the
Philippines, amending for the purpose Republic Act No. 9344.

 RA 9262
It is known as the “Anti-Violence Against Women and their
Children Act of 2004”.

 RA 7610
This Act shall be known as the "Special Protection of Children
Against Abuse, Exploitation and Discrimination Act."

 R.A. 8369
The law that established the “Family Court”.*

 R.A. 8552
An act establishing the rules and policies on the domestic
adoption of Filipino children or also known as “Domestic Adoption Act
of 1998.”

 R.A. 8043
An act establishing the rules to govern inter-country adoption of
Flipino children or also known as “Inter-Country Adoption Act of 1995.”

 R.A. 6972
Barangay Level Development and Protection of Children Act
Creation of a Day-Care Center in energy barangay.

 R.A. 9255
An Act allowing illegitimate children to use the surname of their
father amending for purpose Art. 176 of E.O. 209 otherwise known as
the “Family Code” of the Philippines.

 REPUBLIC ACT No. 9523

An act requiring certification of the Department of Social Welfare
and Development (DSWD) to declare a "Child Legally Available For
Adoption" as a prerequisite for adoption proceedings, amending for
this purpose certain provisions of Republic Act No. 8552, otherwise
known as the Domestic Adoption Act of 1998, Republic Act No. 8043,
otherwise known as the Inter-Country Adoption Act of 1995,
Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, and for other purposes.
 SALIENT PROVISIONS OF PD 603

The Presidential Decree (PD) 603 is known as the “Child and Youth
Welfare Code”. The Decree was signed by his Excellency President Ferdinand
Marcos on December 10, 1974 and took effect on June 10, 1975.

Special Categories of Children

1. Dependent Child - one who is without a parent, guardian or

custodian; or one whose parents, guardian or other custodian for
good cause desires to be relieved of his care and custody; and is
dependent upon the public for support.

2. Abandoned Child - one who has no proper parental care or

guardianship, or whose parents or guardians have deserted him for a
period of at least six (6) continuous months.

Take Note: This provision was further amended by RA 9523 in which

Abandoned Child may refer to a child who has no proper parental care or
guardianship, or whose parent(s) have deserted him/her for a period of at
least three (3) continuous months, which includes a foundling.

“Foundling” means an infant that has been abandoned by its parents and
is discovered and cared for by others.

3. Neglected Child- refers to a child whose basic needs have been

deliberately unattended or inadequately attended within a period of
three (3) continuous months. Neglect may occur in two (2) ways;
Physical Neglect & Emotional Neglect

(a) There is physical neglect when the child is malnourished, ill-

clad, and without proper shelter. A child is unattended when left by
himself/herself without proper provisions and/or without proper
supervision.

(b) There is emotional neglect when the child is maltreated, raped,

seduced, exploited, overworked, or made to work under conditions
not conducive to good health; or is made to beg in the streets or
public places; or when children are in moral danger, or exposed to
gambling, prostitution, and other vices.

I. Mentally Retarded Children

Mentally retarded children are:
(1) socially incompetent;
(2) mentally subnormal;
(3) retarded intellectually from birth or early age;
(4) retarded at maturity;
(5) mentally deficient as a result of constitutional origin, through hereditary
or disease, and
(6) essentially incurable.
Classification of Mental Retardation
Mental Retardation is divided into four classifications:

1. Custodial Group. The members of this classification are severely

or profoundly retarded, hence, the least capable group. This
includes those with I.Q.s to 25.

2. Trainable Group. The members of this group consist of those with

I.Q.s from about 25 to about 50; one who belongs to this group
shows a mental level and rate of development which is 1/4 to 1/2
that of the average child, is unable to acquire higher academic
skills, but can usually acquire the basic skills for living to a
reasonable degree.

3. Educable Group. This group's I.Q. ranges from about 50 to about

75, and the intellectual development is approximately 1/2 to 3/4 of
that expected of a normal child of the same chronological age.
Many of the educable retardates may reach 5th or 6th grade
educational level and can develop occupational skills which may
result in partial or complete economic independence in adulthood.
4. Borderline or Low Normal Group. This is the highest group of
mentally retarded, with I.Q.s from about 75 to about 89. The
members of this classification are only slightly retarded and they
can usually get by in regular classes if they receive some extra
help, guidance and consideration.

II. Physically Handicapped Children. - Physically handicapped children

are those who are crippled, deaf-mute, blind, or otherwise defective which
restricts their means of action or communication with others.

III. Emotionally Disturbed Children. - Emotionally disturbed children are

those who, although not afflicted with insanity or mental defect, are unable
to maintain normal social relations with others and the community in general
due to emotional problems or complexes.

IV. Mentally Ill Children. - Mentally ill children are those with any
behavioral disorder, whether functional or organic, which is of such a degree
of severity as to require professional help or hospitalization.
What is Parental Authority (Patria Potestas)?
Refers to the sum total of the rights of the parents over the person and
property of their un-emancipated child. The exercise of which has no
distinction between a legitimate and an illegitimate child.

Take Note: Parental authority shall be exercised jointly by the parents of

the child. In the case of disagreement, the father’s decision shall prevail
unless there is a judicial order to the contrary. In case of separation of his
parents, no child under seven years of age shall be separated from his
mother unless the court finds compelling reasons to do so (PD 603 as
amended by EO 209 or the Family Code).

SUBSTITUTE PARENTAL AUTHORITY

 In default of parents or a judicially appointed guardian, the following
person shall exercise substitute parental authority over the child in the order
indicated:

(1) The surviving grandparent;

(2) The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified; and
(3) The child’s actual custodian, over twenty-one years of age, unless unfit or
disqualified. (PD 603 as amended by EO 209 or The Family Code).

Take Note: Emancipation means freedom from parental authority over

persons and property of the child. Emancipation takes place by the
attainment of age of majority which is 18 years old.

What is Parental Responsibility?

The sum total of the duties and obligations of parents over their minor
children.

Liabilities Of Parents
parents and guardians are responsible for the damage or injury caused by the child
under their parental authority

Classifications of Child and Youth Welfare Agencies

Public and private child welfare agencies providing encouragement,
care, and protection to any category of children and youth whether mentally
gifted, dependent, abandoned, neglected, abused, handicapped, disturbed,
or youthful offenders, classified and defined as follows, shall be coordinated
by the Department of Social Welfare:

1. Child-caring Institution - one that provides twenty-four resident group

care service for the physical, mental, social and spiritual well-being of nine or
more mentally gifted, dependent, abandoned, neglected, handicapped or
disturbed children, or youthful offenders.
An institution, whose primary purpose is education, is deemed to be a
child-caring institution when nine or more of its pupils or wards in the
ordinary course of events do not return annually to the homes of their
parents or guardians for at least two months of summer vacation.

2. Detention Home – A twenty-four hour child-caring institution providing

short term resident care for youthful offenders who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.

Take Note: “Detention Home” was amended by RA 9344 into “Youth

Detention Home” defined as a 24-hour child-caring institution managed by
accredited local government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-term residential care
for children in conflict with the law who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction. And under RA 10630
“Youth Detention Home” was amended into “Bahay Pag-Asa” which
defined as a 24-hour child-caring institution established, funded and
managed by accredited local government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs) providing short-term
residential care for children in conflict with the law who are above fifteen
(15) but below eighteen (18) years of age who are awaiting court disposition
of their cases or transfer to other agencies or jurisdiction.
3. Shelter-care institution - one that provides temporary protection and
care to children requiring emergency reception as a result of fortuitous
events, abandonment by parents, dangerous conditions of neglect or cruelty
in the home, being without adult care because of crisis in the family, or a
court order holding them as material witnesses

4. Receiving homes - family-type homes which provides temporary shelter

from ten to twenty days for children who shall during this period be under
observation and study for eventual placement by the Department of Social
Welfare. The number of children in a receiving home shall not at any time
exceed nine: Provided, That no more than two of them shall be under three
years of age.

5. Nursery - a child-caring institution that provides care for six or more

children below six years of age for all or part of a twenty-four hour day,
except those duly licensed to offer primarily medical and educational
services.

6. Maternity Home - an institution or place of residence whose primary

function is to give shelter and care to pregnant women and their infants
before, during and after delivery.

7. Rehabilitation Center - an institution that receives and rehabilitates

youthful offenders or other disturbed children.

8. Reception and Study Center - an institution that receives for study,

diagnosis, and temporary treatment, children who have behavioral problems
for the purpose of determining the appropriate care for them or
recommending their permanent treatment or rehabilitation in other child
welfare agencies.

9. Child-placing Agency- an institution or person assuming the care,

custody, protection and maintenance of children for placement in any child-
caring institution or home or under the care and custody of any person or
persons for purposes of adoption, guardianship or foster care. The relatives
of such child or children within the sixth degree of consanguinity or affinity
are excluded from this definition.

SALIENT PROVISIONS OF R.A. NO. 9262

This Act shall be known as the "Anti-Violence Against Women

and Their Children Act of 2004."

A. Violence Against Women and their Children (VAWC)

Refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with
whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate
or illegitimate, within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes, but
is not limited to, the following acts:
  Physical Violence – refers to acts that include bodily or physical
harm;
 Sexual violence – refers to an act which is sexual in nature,
committed against a woman or her child. It includes, but is not
limited to:
a. Rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the
sexual parts of the victim’s body, forcing her/him to watch
obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the
abuser;

b. Acts causing or attempting to cause the victim to engage in

any sexual activity by force, threat of force, physical or
other harm or threat of physical or other harm or coercion;
c. Prostituting the woman or child.

 Psychological violence –refers to acts or omissions causing or

likely to cause mental or emotional suffering of the victim such as but
not limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and mental
infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation
of the right to custody and/or visitation of common children.

 Economic abuse – refers to acts that make or attempt to make a

woman financially dependent which includes, but is not limited to the
following:
a. Withdrawal of financial support or preventing the victim
from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;
b. Deprivation or threat of deprivation of financial resources
and the right to the use and enjoyment of the conjugal,
community or property owned in common;
c. Destroying household property;
d. Controlling the victims’ own money or properties or solely
controlling the conjugal money or properties.
B. Battery
It refers to an act of inflicting physical harm upon the woman or
her child resulting to the physical and psychological or emotional
distress.

C. Battered Woman Syndrome

It refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships
as a result of cumulative abuse.
 D. Stalking
It refers to an intentional act committed by a person who,
knowingly and without lawful justification follows the woman or her
child or places the woman or her child under surveillance directly or
indirectly or a combination thereof.

E. Dating relationship
It refers to a situation wherein the parties live as husband and
wife without the benefit of marriage or are romantically involved over
time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals
in a business or social context is not a dating relationship.

F. Sexual relations
It refers to a single sexual act which may or may not result in the
bearing of a common child.

G. Children
It refers to those below eighteen (18) years of age or older but
are incapable of taking care of themselves as defined under Republic
Act No. 7610. As used in this Act, it includes the biological children of
the victim and other children under her care.

What are the Acts of Violence Against Women and Their Children
The crime of violence against women and their children is committed
through any of the following acts:

a. Causing physical harm to the woman or her child;

[Link] to cause the woman or her child physical harm;
c. Attempting to cause the woman or her child physical harm;
[Link] the woman or her child in fear of imminent physical harm;
e. Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or desist
from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman’s or her child’s freedom of
movement or conduct by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against the
woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the
woman’s or her child’s movement or conduct:
 Threatening to deprive or actually depriving the woman or her child of
custody to her/his family;
 Depriving or threatening to deprive the woman or her children of
financial support legally due her or her family, or deliberately providing
the woman’s children insufficient financial support;
 Depriving or threatening to deprive the woman or her child of a legal
right;
 Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim’s own mon4ey
or properties, or solely controlling the conjugal or common money, or
properties;
f. Inflicting or threatening to inflict physical harm on oneself for the purpose
of controlling her actions or decisions;
[Link] or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her
child or her/his immediate family;
[Link] in purposeful, knowing, or reckless conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include, but not
be limited to, the following acts:
 Stalking or following the woman or her child in public or private places;
 Peering in the window or lingering outside the residence of the woman
or her child;
 Entering or remaining in the dwelling or on the property of the woman or
her child against her/his will;
 Destroying the property and personal belongingness or inflicting harm to
animals or pets of the woman or her child; and
 Engaging in any form of harassment or violence;
i. Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of minor
children of access to the woman’s child/children.

Venue
The Regional Trial Court designated as a Family Court shall have
original and exclusive jurisdiction over cases of violence against women and
their children under this law. In the absence of such court in the place where
the offense was committed, the case shall be filed in the Regional Trial Court
where the crime or any of its elements was committed at the option of the
compliant.

Prescription Period
Acts falling under (a) to (f) mentioned above shall prescribe in twenty
(20) years. Acts falling under (g) to (I) shall prescribe in ten (10) years.

Take Note: Violence against women and their children shall be considered a
public offense which may be prosecuted upon the filing of a complaint by
any citizen having personal knowledge of the circumstances involving the
commission of the crime.

Battered Woman Syndrome as a Defense

Victim-survivors who are found by the courts to be suffering from
battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.

SALIENT PROVISIONS OF RA NO. 7610

This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
Who is considered a child under R.A. No. 7610?
It refers to persons below eighteen (18) years of age or those over but
are unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a physical
mental disability or condition;

What is child abuse?

It refers to the maltreatment, whether habitual or not, of the child
which includes any of the following:
 Psychological and physical abuse, neglect, cruelty, sexual abuse
and emotional maltreatment;
  Any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being;
 Unreasonable deprivation of his basic needs for survival such as
food and shelter; or
 Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or in
his permanent incapacity or death.

What physical injury is considered as child abuse?

One that causes severe injury or serious bodily harm to child, such as
lacerations, fractured bones, burns or internal injuries.

What psychological injury is considered as child abuse?

One that harms a child's psychological or intellectual functions. This
may be exhibited by severe anxiety, depression, withdrawal or outward
aggressive behavior or a combination of said behaviors.

Employment of Children
Children below fifteen (15) years of age may be employed: Provided,
That the following minimum requirements are present;
a. The employer shall secure for the child a work permit from the
Department of Labor and Employment;
b. The employer shall ensure the protection, health, safety, and morals of
the child;
c. The employer shall institute measures to prevent exploitation or dis-
crimination taking into account the system and level of remuneration,
and the duration and arrangement of working time; and
d. The employer shall formulate and implement a continuous program for
training and skill acquisition of the child.
e. The Department of Labor and Employment shall promulgate rules and
regulations necessary for the effective implementation of this section.

Children as Zones of Peace

Children are hereby declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to resolve armed
conflict in order to promote the goal of children as zones of peace. To attain
this objective, the following policies shall be observed:
a. Children shall not be the object of attack and shall be entitled to
special respect. They shall be protected from any form of threat,
assault, torture or other cruel, inhumane or degrading treatment;
b. Children shall not be recruited to become members of the Armed
Forces of the Philippines or its civilian units or other armed groups, nor
be allowed to take part in the fighting, or used as guides, couriers, or
spies;
c. Delivery of basic social services such as education, primary health and
emergency relief services shall be kept unhampered;
d. The safety and protection of those who provide services including
those involved in fact-finding missions from both government and non-
government institutions shall be ensured. They shall not be subjected
to undue harassment in the performance of their work;
e. Public infrastructure such as schools, hospitals and rural health units
shall not be utilized for military purposes such as command posts,
barracks, detachments, and supply depots; and
f. All appropriate steps shall be taken to facilitate the reunion of families
temporarily separated due to armed conflict.

Rights of Children Arrested for Reasons Related to Armed Conflict

 Any child who has been arrested for reasons related to armed conflict,
either as combatant, courier, guide or spy is entitled to the following rights:
a. Separate detention from adults except where families are
accommodated as family units;
b. Immediate free legal assistance;
c. Immediate notice of such arrest to the parents or guardian of the child;
and
d. Release of the child on recognizance within twenty-four (24) hours to
the custody of the Department of Social Welfare and Development or
any responsible member of the community as determined by the court.
Who May File a Complaint?
Complaints on cases of unlawful acts committed against the children as enumerated above
may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
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(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Salient Provisions of RA 9344 as amended by RA 10630

RA 9344
It is known as the “Juvenile Justice Welfare Act of 2006”. It was
approved on April 28, 2006. This law institutionalized the promotion of
the well-being of child and their families, involvement of parents and
guardians, promotion of diversion, avoiding deprivation of liberty and
protecting the privacy rights of children.

RA 10630
An Act Strengthening the Juvenile Justice System in the
Philippines, amending for the purpose Republic Act No. 9344. This law
amended the title of Republic Act No. 9344 into “An Act Establishing a
Comprehensive Juvenile Justice and Welfare System, Creating the
Juvenile justice and Welfare Council under the Department of Social
Welfare and Development. This further emphasized child-sensitive
justice policies focused on the best interest of the child. This principle
has been first laid down in the Doha Declaration.

Terms used under RA 9344 and RA 10630

(a) “Bail” refers to the security given for the release of the person in
custody of the law, furnished by him/her or a bondsman, to guarantee
his/her appearance before any court. Bail may be given in the form of
corporate security, property bond, cash deposit, or recognizance.

(b) “Best Interest of the Child” refers to the totality of the circumstances
and conditions which are most congenial to the survival, protection and
feelings of security of the child and most encouraging to the child’s physical,
psychological and emotional development. It also means the least
detrimental available alternative for safeguarding the growth and
development of the child.

(e) “Child” refers to a person under the age of eighteen (18) years.

(d) “Child at Risk” refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
 (1) being abused by any person through sexual, physical,
psychological, mental, economic or any other means and the parents
or guardian refuse, are unwilling, or unable to provide protection for
the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and
inquiry, the parent or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or
guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse;
and
(9) living in situations of armed conflict.

(e) “Child in Conflict with the Law” refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under Philippine
laws.

Take Note: Under PD 603, Youthful Offender is the proper term when the
child commits crime. But it was further amended by RA 9344 the proper
term for such child who is above 15 but below 18 commit crime is called
Child in Conflict with the Law.

(f) “Community-based Programs” refers to the programs provided in a

community setting developed for purposes of intervention and diversion, as
well as rehabilitation of the child in conflict with the law, for reintegration
into his/her family and/or community.

(g) “Court” refers to a family court or, in places where there are no family
courts, any regional trial court.

(h) “Deprivation of Liberty” refers to any form of detention or

imprisonment, or to the placement of a child in conflict with the law in a
public or private custodial setting, from which the child in conflict with the
law is not permitted to leave at will by order of any judicial or administrative
authority.

(i) “Diversion” refers to an alternative, child-appropriate process of

determining the responsibility and treatment of a child in conflict with the
law on the basis of his/her social, cultural, economic, psychological or
educational background without resorting to formal court proceedings.

(j) “Diversion Program” refers to the program that the child in conflict
with the law is required to undergo after he/she is found responsible for an
offense without resorting to formal court proceedings.

(k) “Initial Contact With-the Child” refers to the apprehension or taking

into custody of a child in conflict with the law by law enforcement officers or
private citizens.

(I) “Intervention” refers to a series of activities which are designed to

address issues that caused the child to commit an offense. It may take the
form of an individualized treatment program which may include counseling,
skills training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.

(m) “Juvenile Justice and Welfare System” refers to a system dealing

with children at risk and children in conflict with the law, which provides
child-appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and aftercare to ensure
their normal growth and development.

(n) “Law Enforcement Officer” refers to the person in authority or his/her

agent as defined in Article 152 of the Revised Penal Code, including a
barangay tanod.

(0) “Offense” refers to any act or omission whether punishable under

special laws or the Revised Penal Code, as amended.

(p) “Recognizance” refers to an undertaking in lieu of a bond assumed by

a parent or custodian who shall be responsible for the appearance in court of
the child in conflict with the law, when required.

“Restorative Justice” refers to a principle which requires a process of

resolving conflicts with the maximum involvement of the victim, the offender
and the community. It seeks to obtain reparation for the victim;
reconciliation of the offender, the offended and the community; and
reassurance to the offender that he/she can be reintegrated into society. It
also enhances public safety by activating the offender, the victim and the
community in prevention strategies.

(r) “Status Offenses” refers to offenses which discriminate only against a

child, while an adult does not suffer any penalty for committing similar acts.
These shall include curfew violations; truancy, parental disobedience and the
like.

(s) “Bahay Pag-asa” – refers to a 24-hour child-caring institution

established, funded and managed by accredited local government units
(LGUs) and licensed and/or accredited nongovernment organizations (NGOs)
providing short-term residential care for children in conflict with the law who
are above fifteen (15) but below eighteen (18) years of age who are awaiting
court disposition of their cases or transfer to other agencies or jurisdiction.
Who shall operate the Bahay Pag-asa?
A multi-disciplinary team composed of a social worker, a
psychologist/mental health professional, a medical doctor an educational/
guidance counsellor and a Barangay Council for the Protection of Children
(BCPC) member and shall operate the Bahay Pag-Asa. The team will work on
the individualized intervention plan with the child and child’s family” (Section
2 of RA 10630).
(t) “Youth Rehabilitation Center” refers to a 24-hour residential care
facility managed by the Department of Social Welfare and Development
(DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD,
which provides care, treatment and rehabilitation services for children in
conflict with the law. Rehabilitation services are provided under the guidance
of a trained staff where residents are cared for under a structured
therapeutic environment with the end view of reintegrating them into their
families and communities as socially functioning individuals. Physical
mobility of residents of said centers may be restricted pending court
disposition of the charges against them.

(u) “Victimless Crimes” refers to offenses where there is no private

offended party.

STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND

WELFARE

What is Juvenile Justice and Welfare Council (JJWC)

Under RA 9344, A Juvenile Justice and Welfare Council (JJWC) is hereby
created and attached to the Department of Justice and placed under its
administrative supervision. The JJWC shall be chaired by an undersecretary of
the Department of Social Welfare and Development. It shall ensure the
effective implementation of this Act and coordination among the following
agencies:
 Department of Justice (DOJ);
 Council for the Welfare of Children (CWC);
 Department of Education (DepED);
 Department of the Interior and Local Government (DILG);
 Public Attorney’s Office (PAO);
 Bureau of Corrections (BUCOR);
 Parole and Probation Administration (PPA));
 National Bureau of Investigation (NBI);
 Philippine National Police (PNP);.);
 Bureau of Jail Management and Penology (BJMP);
 Commission on Human Rights (CHR);
 Technical Education and Skills Development Authority (TESDA);
 National Youth Commission (NYC); and
 Other institutions focused on juvenile justice and intervention
programs.

Take Note: RA 10630 amended this provision wherein it attached the

Juvenile Justice and Welfare Council (JJWC) to the Department of Social
Welfare and Development, since the chairman is the undersecretary of the
DSWD.

Age of Criminal Responsibility and the Presumption of Minority

WHO ARE EXEMPTED?

 A child who is fifteen (15) years of age or under at the time of the
commission of the offense; and
 A child above fifteen (15) years of age but below eighteen (18) years of
age if he or she acted without discernment.

Take Note: However, both of them are required to undergo Intervention

Program.

*Be noted further that they are exempted only from criminal liability and not
from civil liability.
Take Note: Discernment means the capacity of the child at the time of the
commission of the offense to understand the difference between right and
wrong and the consequences of the wrongful act.

Determination of Age
The age of a child may be determined from the child’s birth certificate,
baptismal certificate or any other pertinent documents. In the absence of
these documents, age may be based on information from the child
himself/herself, testimonies of other persons, the physical appearance of the
child and other relevant evidence. In case of doubt as to the age of the child,
it shall be resolved in his/her favor.

Take Note: The child in conflict with the law shall enjoy the presumption of
minority. He / She shall enjoy all the rights of a child in conflict with the law
until he/she is proven to be eighteen (18) years old or older.

TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL

RESPONSIBILITY

If it has been determined that the child taken into custody is fifteen
(15) years old or below, the authority which will have an initial contact with
the child, in consultation with the local social welfare and development
officer, has the duty to immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof, the child’s nearest
relative. The child shall be subjected to a community-based intervention
program supervised by the local social welfare and development officer,
unless the best interest of the child requires the referral of the child to a
youth care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or
accredited NGOs monitored by the DSWD.

What is Intensive Juvenile Intervention and Support Center (IJISC)?

Under RA 10630, every ‘Bahay Pag-asa’ will have a facility called the
Intensive Juvenile Intervention and Support Center (IJISC). This Center will be
allocated for children in conflict with the law (CICL) specifically those child
who is above twelve (12) years of age up to fifteen (15) years of age found to
have committed serious crimes, and who commits an offense for the second
time or oftener.

Take Note: Serious Crimes under this provision includes parricide,

murder, infanticide, kidnapping and serious illegal detention where the
victim is killed or raped, robbery, with homicide or rape, destructive arson,
rape, or carnapping where the driver or occupant is killed or raped or
offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act
of 2002) punishable by more than twelve (12) years of imprisonment.
 INITIAL CONTACT WITH THE CHILD

Procedure for Taking the Child into Custody

From the moment a child is taken into custody, the law enforcement
officer shall:

a. Explain to the child in simple language and in a dialect that he/she

can understand why he/she is being placed under custody and the
offense that he/she allegedly committed;
b. Inform the child of the reason for such custody and advise the
child of his/her constitutional rights in a language or dialect
understood by him/her;
c. Properly identify himself/herself and present proper identification
to the child;
d. Refrain from using vulgar or profane words and from sexually
harassing or abusing, or making sexual advances on the child in
conflict with the law;
e. Avoid displaying or using any firearm, weapon, handcuffs or other
instruments of force or restraint, unless absolutely necessary and
only after all other methods of control have been exhausted and
have failed;
f. Refrain from subjecting the child in conflict with the law to greater
restraint than is necessary for his/her apprehension;
g. Avoid violence or unnecessary force;
h. Determine the age of the child pursuant to Section 7 of this Act;
i. Immediately but not later than eight (8) hours after apprehension,
turn over custody of the child to the Social Welfare and
Development Office or other accredited NGOs, and notify the
child's apprehension. The social welfare and development officer
shall explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling
and rehabilitation, diversion from the criminal justice system, and
reparation, if appropriate;
j. Take the child immediately to the proper medical and health
officer for a thorough physical and mental examination. The
examination results shall be kept confidential unless otherwise
ordered by the Family Court. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the
same;
k. Ensure that should detention of the child in conflict with the law be
necessary, the child shall be secured in quarters separate from
that of the opposite sex and adult offenders;
l. Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were
used, and if so, the reason for such;
2. That the parents or guardian of a child, the DSWD, and the
PA0 have been informed of the apprehension and the details
thereof; and
3. The exhaustion of measures to determine the age of a child
and the precise details of the physical and medical
examination or the failure to submit a child to such
examination; and
 m. Ensure that all statements signed by the child during investigation
shall be witnessed by the child's parents or guardian, social
worker, or legal counsel in attendance who shall affix his/her
signature to the said statement.

Take Note: A child in conflict with the law shall only be searched by a law
enforcement officer of the same gender and shall not be locked up in a
detention cell.

Duties during of Law enforcement officer and social worker during

Initial Investigation

a. The law enforcement officer shall, in his/her investigation, determine

where the case involving the child in conflict with the law should be referred.

b. The taking of the statement of the child shall be conducted in the

presence of the following: (1) child’s counsel of choice or in the absence
thereof, a lawyer from the Public Attorney’s Office; (2) the child’s parents,
guardian, or nearest relative, as the case may be; and (3) the local social
welfare and development officer. In the absence of the child’s parents,
guardian, or nearest relative, and the local social welfare and development
officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.

c. The social worker shall conduct an initial assessment to determine the

appropriate interventions and whether the child acted with discernment,
using the discernment assessment tools developed by the DSWD. The initial
assessment shall be without prejudice to the preparation of a more
comprehensive case study report. The local social worker shall do either of
the following:

(a) Proceed in accordance with Section 20 (immediately release the

child to the custody of his/her parents or guardian, or in the absence
thereof, the child’s nearest relative. Said authority The child shall give
notice tobe subjected to a community-based intervention program
supervised by the local social welfare and development officer who
will, unless the best interest of the child requires the referral of the
child to a youth care facility or ‘Bahay Pag-asa’ managed by LGUs or
licensed and/or accredited NGOs monitored by the DSWD.) if the child
is fifteen (15) years or below or above fifteen (15) but below eighteen
(18) years old, who acted without discernment; and

(b) If the child is above fifteen (15) years old but below eighteen (18)
and who acted with discernment, proceed to diversion.”
 Diversion

System of Diversion
Children in conflict with the law shall undergo diversion programs
without undergoing court proceedings subject to the conditions herein
provided:

(a) Where the imposable penalty for the crime committee is not more than
six (6) years imprisonment, the law enforcement officer or Punong Barangay
with the assistance of the local social welfare and development officer or
other members of the LCPC shall conduct mediation, family conferencing and
conciliation and, where appropriate, adopt indigenous modes of conflict
resolution in accordance with the best interest of the child with a view to
accomplishing the objectives of restorative justice and the formulation of a
diversion program. The child and his/her family shall be present in these
activities.

(b) In victimless crimes where the imposable penalty is not more than six (6)
years imprisonment, the local social welfare and development officer shall
meet with the child and his/her parents or guardians for the development of
the appropriate diversion and rehabilitation program, in coordination with
the BCPC;

(c) Where the imposable penalty for the crime committed exceeds six (6)
years imprisonment, diversion measures may be resorted to only by the
court.

Contract of Diversion
If during the conferencing, mediation or conciliation, the child
voluntarily admits the commission of the act, a diversion program shall be
developed when appropriate and desirable. Such admission shall not be used
against the child in any subsequent judicial, quasi-judicial or administrative
proceedings. The diversion program shall be effective and binding if
accepted by the parties concerned. The acceptance shall be in writing and
signed by the parties concerned and the appropriate authorities. The local
social welfare and development officer shall supervise the implementation of
the diversion program. The child shall present himself/herself to the
competent authorities that imposed the diversion program at least once a
month for reporting and evaluation of the effectiveness of the program.

Take Note: The diversion proceedings shall be completed within forty-five

(45) days. The period of prescription of the offense shall be suspended until
the completion of the diversion proceedings but not to exceed forty-five (45)
days.

Factors in Determining Diversion Program

In determining whether diversion is appropriate and desirable, the
following factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.
Kinds of Diversion Programs

The diversion program shall include adequate socio-cultural and

psychological responses and services for the child. At the different stages
where diversion may be resorted to, the following diversion programs may
be agreed upon, such as, but not limited to:

(a) At the level of the Punong Barangay:

(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child’s
family;
(7)Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing with situations
which can lead to repetition of the offense;
(8) Participation in available community-based programs, including
community service; or
(9) Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9)
mentioned above; and
(2) Confiscation and forfeiture of the proceeds or instruments of the
crime;

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs(a) and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.

Duty of the Prosecutor’s Office

There shall be a specially trained prosecutor to conduct inquest,
preliminary investigation and prosecution of cases involving a child in
conflict with the law. If there is an allegation of torture or ill-treatment of a
child in conflict with the law during arrest or detention, it shall be the duty of
the prosecutor to investigate the same.

Preliminary Investigation and Filing of Information

The prosecutor shall conduct a preliminary investigation in the
following instances:
(a) when the child in conflict with the law does not qualify for diversion
(b) when the child, his/her parents or guardian does not agree to diversion;
and
(c) when considering the assessment and recommendation of the social
worker, the prosecutor determines that diversion is not appropriate for the
child in conflict with the law.
Take Note: Upon determination of probable cause by the prosecutor, the
information against the child shall be filed before the Family Court within
forty-five (45) days from the start of the preliminary investigation. The
information must allege that the child acted with discernment.”

Automatic Suspension of Sentence

Once the child who is under eighteen (18) years of age at the time of
the commission of the offense is found guilty of the offense charged, the
court shall determine and ascertain any civil liability which may have
resulted from the offense committed. However, instead of pronouncing the
judgment of conviction, the court shall place the child in conflict with the law
under suspended sentence, without need of application. Upon suspension of
sentence and after considering the various circumstances of the child, the
court shall impose the appropriate disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law.

Discharge of the Child in Conflict with the Law

Upon the recommendation of the social worker who has custody of the
child, the court shall dismiss the case against the child whose sentence
has been suspended and against whom disposition measures have been
issued, and shall order the final discharge of the child if it finds that the
objective of the disposition measures have been fulfilled.

Take Note: The discharge of the child in conflict with the law shall not affect
the civil liability resulting from the commission of the offense, which shall be
enforced in accordance with law.

Return of the Child in Conflict with the Law to Court

If the court finds that the objective of the disposition measures
imposed upon the child in conflict with the law have not been fulfilled, or if
the child in conflict with the law has willfully failed to comply with the
conditions of his/her disposition or rehabilitation program, the child in conflict
with the law shall be brought before the court for execution of judgment.

Take Note: If said child in conflict with the law has reached eighteen (18)
years of age while under suspended sentence, the court shall determine
whether to discharge the child in accordance with this Act, to order
execution of sentence, or to extend the suspended sentence for a certain
specified period or until the child reaches the maximum age of twenty-one
(21) years.

Probation as an Alternative to Imprisonment

The court may, after it shall have convicted and sentenced a child in
conflict with the law, and upon application at any time, place the child on
probation in lieu of service of his/her sentence taking into account the best
interest of the child.
Care and Maintenance of the Child in Conflict with the Law
The expenses for the care and maintenance of a child in conflict with
the law under institutional care shall be borne by his/her parents or those
persons liable to support him/her: Provided, That in case his/her parents or
those persons liable to support him/her cannot pay all or part of said
expenses, the municipality where the offense was committed shall pay one-
third (1/3) of said expenses or part thereof; the province to which the
municipality belongs shall pay one-third (1/3) and the remaining one-third
(1/3) shall be borne by the national government. Chartered cities shall pay
two-thirds (2/3) of said expenses; and in case a chartered city cannot pay
said expenses, part of the internal revenue allotments applicable to the
unpaid portion shall be withheld and applied to the settlement of said
obligations: Provided, further, That in the event that the child in conflict with
the law is not a resident of the municipality/city where the offense was
committed, the court, upon its
determination, may require the city/municipality where the child in conflict
with the law resides to shoulder the cost.

Offenses Not Applicable to Children

Persons below eighteen (18) years of age shall be exempt from
prosecution for the crime of vagrancy and prostitution under Section
202 of the Revised Penal Code, of mendicancy under Presidential Decree
No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such
prosecution being inconsistent with the United Nations Convention on the
Rights of the Child: Provided, That said persons shall undergo appropriate
counseling and treatment program

ADOPTION

Adoption is defined as the process of making a child, whether related or not

to the adopter, possess in general, the rights accorded to a legitimate child.
Generally, only minors are adopted, except in cases when the adoption of a
person of majority age is allowed.

Qualification of an Adopter
1. A person of age and in possession of full civil capacity and legal rights
may adopt, provided he is in the position to support and care for the
children in keeping with the means of his family
2. He must be at least 16 years older than the person to be adopted,
unless the adopter is the parent by nature of the adopted.

The following persons may not adopt

1. The guardian with respect to the ward prior to the approval of the final
accounts rendered upon termination of their guardianship status.
2. Any person who has been convicted of a crime involving moral
turpitude
3. An alien, except:
 A former Filipino citizen who seeks to adopt a relative by
consanguinity.
 One who seeks to adopt legitimate child of his or her Filipino spouse;
or
 One who is married to a Filipino citizen and seeks to adopt jointly
with his or her spouse a relative by consanguinity of the latter.
 4. Husband and wife must jointly adopt, except in following cases:
 When one spouse seeks to adopt his own illegitimate child
 When one spouse seeks to adopt the legitimate child of the other.

In case husband and wife jointly adopt or one spouse adopts the
illegitimate child of the other, joint parental authority shall be exercised.

Joint parental authority is exercised if the husband and wife jointly adopt
and one spouse adopts the legitimate child of the other. In case there is a
disagreement in the exercise of such joint parental authority, the father’s
decision shall prevail, unless there is a judicial order to the contrary.

The following may not be adopted

1. A person of legal age, unless he or she is the child by nature of the
adopter or his or her spouse, or prior to the adoption, said person had
been consistently considered and treated by the adopter as his or her
own child during minority;
2. An alien with whose government the Republic of the Philippines has no
diplomatic relations;
3. A person who has already been adopted unless such adoption has
been previously revoked or rescinded

The written consent of the following to the adoption shall be

necessary
a. The person to be adopted, 10 years of age or over.
b. The parents by nature of the child, the legal guardian, or the proper
government instrumentality;
c. The legitimate and adopted children, 10 years of age or over, of the
adopting parents;
d. The legitimate children, 10 years of age or over, of the adopting
parents, if living with said parent and the latter’s spouse if any; and
e. The spouse, if any of the person adopting or to be adopted.

Effects of Adoption

a. For civil purposes, the adopted shall be deemed to be legitimate child

of the adopters and both shall acquire the reciprocal rights and
obligations arising from the relationship of parents and child, including
the right of the adopted to use the surname of the adopters;
b. The parental authority of the parents by nature over the adopted shall
be terminated and be vested in the adopters, except that if the
adopter is the spouse of the parents by nature of the adopted, parental
authority shall be exercise jointly by both spouse;
c. The adopted shall remain intestate heir of his parents and other blood
relatives.

LEGITIME
1. The legitime of each legitimate child is half of the parents state divided by
the number of children. The legitime must always be given unless the child
is validly disinherited for a legal cause. The free portion of the property
may also be given to the children to any of them.
2. If the child dies ahead of his father, the heir of the child can get the child’s
legitime from the father’s estate in the testamentary succession.

PARENTAL AUTHORITY

PARENTAL AUTHORITY (PATRIA POTESTAS) is the mass of rights and

obligations which parents have in relation to the person and property of
their children until their emancipation, and even after under certain
circumstances.

CHARACTERISTICS OF PARENTAL AUTHORITY:

1. It is a natural right and duty of the parents (Art. 209)
2. It cannot be renounced, transferred or waived, except in cases
authorized by law (Art 210)
3. It is jointly exercised by the father and the mother (Art. 211)
4. It is purely personal and cannot be exercised through agents
5. It is temporary

SUSPENSION OF PARENTAL AUTHORITY: CHOBA

1. Conviction of parent for crime without civil interdiction
2. Treats child with excessive harassment and cruelty
3. Gives corrupting orders, counsel or example
4. Compels child to beg
5. Subjects to or allows acts of lasciviousness

NOTE: The suspension or deprivation may be revoked and the parental

authority revived in a case filed for the purpose or in the same
proceeding if the court finds that the cause therefore has ceased and
will not be repeated

GROUNDS FOR THE PERMANENT TERMINATION OF PARENTAL

AUTHORITY:
1. Death of parents
2. Death of child
3. Emancipation of child
4. Parents exercising parental authority has subjected the child or
allowed him to be subjected to sexual abuse

GENERAL RULE: A child under 7 years of age shall not be separated from
the mother UNLESS the court finds compelling reasons to order otherwise.
Paramount consideration in matters of custody of a child is the welfare and
well-being of the child (Tonog v. CA).

LIABILITY OF PARENTS FOR TORTS COMMITTED BY THEIR MINOR

CHILDREN:
Parents and other persons exercising parental authority shall be civilly
liable for the injuries and damages caused by the acts or omissions of their
minor PROVIDED the children are living in their company and under their
parental authority.