This web
page
contains the full text ofPresidential
Decree No. 603December 10, 1974THE CHILD AND YOUTH WELFARE CODE
PRESIDENTIAL
DECREE
NO. 603December
10, 1974
THE CHILD AND YOUTH
WELFARE
CODE
I, FERDINAND
E. MARCOS, President of the Philippines, by virtue of the powers vested
in me by the Constitution, do hereby order and decree the following:
TITLE
I.
GENERAL PRINCIPLES
Article
1.
Declaration of Policy. - The Child is one of the most important assets
of the nation. Every effort should be exerted to promote his welfare
and
enhance his opportunities for a useful and happy life.chanrobles virtual law library
The child is
not a mere creature of the State. Hence, his individual traits and
aptitudes
should be cultivated to the utmost insofar as they do not conflict with
the general welfare.chanrobles virtual law library
The molding
of the character of the child start at the home. Consequently, every
member
of the family should strive to make the home a wholesome and harmonious
place as its atmosphere and conditions will greatly influence the
child's
development.chanrobles virtual law library
Attachment to
the home and strong family ties should be encouraged but not to the
extent
of making the home isolated and exclusive and unconcerned with the
interests
of the community and the country.chanrobles virtual law library
The natural
right and duty of parents in the rearing of the child for civic
efficiency
should receive the aid and support of the government.chanrobles virtual law library
Other institutions,
like the school, the church, the guild, and the community in general,
should
assist the home and the State in the endeavor to prepare the child for
the responsibilities of adulthood.chanrobles virtual law library
Art. 2. Title
and Scope of Code. - The Code shall be known as the "Child and Youth
Welfare Code". It shall apply to persons below twenty-one years of
age except those emancipated in accordance with law. "Child" or
"minor" or "youth" as used in this Code, shall refer to
such
persons.chanrobles virtual law library
Art. 3. Rights
of the Child. - All children shall be entitled to the rights herein set
forth without distinction as to legitimacy or illegitimacy, sex, social
status, religion, political antecedents, and other factors.chanrobles virtual law library
(1) Every
child
is endowed with the dignity and worth of a human being from the moment
of his conception, as generally accepted in medical parlance, and has,
therefore, the right to be born well.chanrobles virtual law library
(2) Every
child
has the right to a wholesome family life that will provide him with
love,
care and understanding, guidance and counseling, and moral and material
security.chanrobles virtual law library
The
dependent
or abandoned child shall be provided with the nearest substitute for a
home.chanrobles virtual law library
(3) Every
child
has the right to a well-rounded development of his personality to the
end
that he may become a happy, useful and active member of society.chanrobles virtual law library
The gifted
child
shall be given opportunity and encouragement to develop his special
talents.chanrobles virtual law library
The
emotionally
disturbed or socially maladjusted child shall be treated with sympathy
and understanding, and shall be entitled to treatment and competent
care.chanrobles virtual law library
The
physically
or mentally handicapped child shall be given the treatment, education
and
care required by his particular condition.chanrobles virtual law library
(4) Every
child
has the right to a balanced diet, adequate clothing, sufficient
shelter,
proper medical attention, and all the basic physical requirements of a
healthy and vigorous life.chanrobles virtual law library
(5) Every
child
has the right to be brought up in an atmosphere of morality and
rectitude
for the enrichment and the strengthening of his character.chanrobles virtual law library
(6) Every
child
has the right to an education commensurate with his abilities and to
the
development of his skills for the improvement of his capacity for
service
to himself and to his fellowmen.chanrobles virtual law library
(7) Every
child
has the right to full opportunities for safe and wholesome recreation
and
activities, individual as well as social, for the wholesome use of his
leisure hours.chanrobles virtual law library
(8) Every
child
has the right to protection against exploitation, improper influences,
hazards, and other conditions or circumstances prejudicial to his
physical,
mental, emotional, social and moral development.chanrobles virtual law library
(9) Every
child
has the right to live in a community and a society that can offer him
an
environment free from pernicious influences and conducive to the
promotion
of his health and the cultivation of his desirable traits and
attributes.chanrobles virtual law library
(10) Every
child
has the right to the care, assistance, and protection of the State,
particularly
when his parents or guardians fail or are unable to provide him with
his
fundamental needs for growth, development, and improvement.chanrobles virtual law library
(11) Every
child
has the right to an efficient and honest government that will deepen
his
faith in democracy and inspire him with the morality of the constituted
authorities both in their public and private lives.chanrobles virtual law library
(12) Every
child
has the right to grow up as a free individual, in an atmosphere of
peace,
understanding, tolerance, and universal brotherhood, and with the
determination
to contribute his share in the building of a better world.chanrobles virtual law library
Art. 4. Responsibilities
of the Child. - Every child, regardless of the circumstances of his
birth,
sex, religion, social status, political antecedents and other factors
shall:
(1) Strive
to lead an upright and virtuous life in accordance with the tenets of
his
religion, the teachings of his elders and mentors, and the biddings of
a clean conscience;
(2) Love,
respect
and obey his parents, and cooperate with them in the strengthening of
the
family;
(3) Extend
to
his brothers and sisters his love, thoughtfulness, and helpfulness, and
endeavor with them to keep the family harmonious and united;
(4) Exert
his
utmost to develop his potentialities for service, particularly by
undergoing
a formal education suited to his abilities, in order that he may become
an asset to himself and to society;
(5)
Respect
not only his elders but also the customs and traditions of our people,
the memory of our heroes, the duly constituted authorities, the laws of
our country, and the principles and institutions of democracy;
(6)
Participate
actively in civic affairs and in the promotion of the general welfare,
always bearing in mind that it is the youth who will eventually be
called
upon to discharge the responsibility of leadership in shaping the
nation's
future; and
(7) Help
in
the observance of individual human rights, the strengthening of freedom
everywhere, the fostering of cooperation among nations in the pursuit
of
their common aspirations for programs and prosperity, and the
furtherance
of world peace.chanrobles virtual law library
Art. 5. Commencement
of Civil Personality. - The civil personality of the child shall
commence
from the time of his conception, for all purposes favorable to him,
subject
to the requirements of Article 41 of the Civil
Code.chanrobles virtual law library
Art. 6. Abortion.
- The abortion of a conceived child, whether such act be intentional or
not, shall be governed by the pertinent provisions of the Revised
Penal Code.chanrobles virtual law library
Art. 7. Non-disclosure
of Birth Records. - The records of a person's birth shall be kept
strictly
confidential and no information relating thereto shall be issued except
on the request of any of the following:
(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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
It shall be
the responsibility of the health, welfare, and educational entities to
assist the parents in looking after the health of the child.chanrobles virtual law library
Art. 12. Education.
- The schools and other entities engaged innon-formal
education shall assist the parents in providing the best education for
the child.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
TITLE IICHILD
AND
YOUTH WELFARE AND THE HOMEChapter
1PARENTAL
AUTHORITYSection
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Section.
B. Adoption
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.chanrobles virtual law library
In all cases
of adoption the adopter must be at least fifteen years older than the
person
to be adopted.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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;
(3) The
natural
children, fourteen years and above, of the adopting parents.chanrobles virtual law library
Art. 32. Hurried
Decisions. - In all proceedings for adoption, steps should be taken by
the court to prevent the natural parents from making hurried decisions
caused by strain or anxiety to give up the child, and to ascertain,
that
all measures to strengthen the family have been exhausted and that any
prolonged stay of the child in his own home will be inimical to his
welfare
and interest.chanrobles virtual law library
Art. 33. Case
Study. - No petition for adoption shall be granted unless the
Department
of Social Welfare, or the Social Work and Counselling Division, in case
of Juvenile and Domestic Relations Courts, has made a case study of the
child to be adopted, his natural parents as well as the prospective
adopting
parents, and has submitted its report and recommendations on the matter
to the court hearing such petition. The Department of Social Welfare
shall
intervene on behalf of the child if it finds, after such case study,
that
the petition should be denied.chanrobles virtual law library
Art. 34. Procedure.
- The proceedings for adoption shall be governed by the Rules of Court
in so far as they are not in conflict with this Chapter.chanrobles virtual law library
Art. 35. Trial
Custody. - No petition for adoption shall be finally granted unless and
until the adopting parents are given by the court a supervised trial
custody
period of at least six months to assess their adjustment and emotional
readiness for the legal union. During the period of trial custody
parental
authority shall be vested in the adopting parents.chanrobles virtual law library
The court may,
upon its own motion or on motion of the petitioner, reduce or dispense
with the trial period if it finds that it is to the best interest of
the
child. In such case, the court shall state its reasons for reducing
said
period.chanrobles virtual law library
Art. 36. Decree
of Adoption. - If, after considering the report of the Department of
Social
Welfare or duly licensed child placement agency and the evidence
submitted
before it, the court is satisfied that the petitioner is qualified to
maintain,
care for, and educated the child, that the trial custody period has
been
completed, and that the best interests of the child will be promoted by
the adoption, a decree of adoption shall be entered, which shall be
effective
as of the date the original petition was filed. The decree shall state
the name by which the child is thenceforth to be known.chanrobles virtual law library
Art. 37. Civil
Registry Record. - The adoption shall be recorded in the local civil
register
and shall be annotated on the record of birth, and the same shall
entitle
the adopted person to the issuance of an amended certificate of birth.chanrobles virtual law library
Art. 38. Confidential
Nature of Proceedings and Records. - All hearings in adoption cases
shall
be confidential and shall not be open to the public. All records, books
and papers relating to the adoption cases in the files of the court, of
the Department of Social Welfare, and of any other agency or
institution
participating in the adoption proceedings, shall be kept strictly
confidential.chanrobles virtual law library
Subject to the
provisions of Article 7, in any case in which information from such
records,
books and papers is needed, the person or agency requesting the release
of the information may file a petition to the court which entered the
decree
of adoption for its release. If the court finds that the disclosure of
the information is necessary for purposes connected with or arising out
of the adoption and will be for the best interests of the child, the
court
may permit the necessary information to be released, restricting the
purposes
for which it may be used.chanrobles virtual law library
Art. 39. Effects
of Adoption. - The adoption shall:
(1) Give to
the adopted person the same rights and duties as if he were a
legitimate
child of the adopter: Provided, That an adopted child cannot acquire
Philippine
citizenship by virtue of such adoption:
(2)
Dissolve
the authority vested in the natural parent or parents, except where the
adopter is the spouse of the surviving natural parent;
(3)
Entitle
the adopted person to use the adopter's surname; and
(4) Make
the
adopted person a legal heir of the adopter: Provided, That if the
adopter
is survived by legitimate parents or ascendants and by an adopted
person,
the latter shall not have more successional rights than an acknowledged
natural child: Provided, further, That any property received
gratuitously
by the adopted from the adopter shall revert to the adopter should the
former predecease the latter without legitimate issue unless the
adopted
has, during his lifetime, alienated such property: Provided, finally,
That
in the last case, should the adopted leave no property other than that
received from the adopter, and he is survived by illegitimate issue or
a spouse, such illegitimate issue collectively or the spouse shall
receive
one-fourth of such property; if the adopted is survived by illegitimate
issue and a spouse, then the former collectively shall receive
one-fourth
and the latter also one-fourth, the rest in any case reverting to the
adopter,
observing in the case of the illegitimate issue the proportion provided
for in Article 895 of the Civil
Code.chanrobles virtual law library
The adopter shall
not be a legal heir of the adopted person, whose parents by nature
shall
inherit from him, except that if the latter are both dead, the adopting
parent or parents take the place of the natural parents in the line of
succession, whether testate or interstate.chanrobles virtual law library
Art. 40. Rescission
by Adopted. - The adopted person or the Department of Social Welfare or
any duly licensed child placement agency if the adopted is still a
minor
or otherwise incapacitated, may ask for the rescission of the adoption
on the same grounds that cause the loss of parental authority under the
Civil
Code.chanrobles virtual law library
Art. 41. Revocation
by Adopter. - The adopter may petition the court for the revocation of
the adoption in any of these cases:
(1) If the
adopted person has attempted against the life of the adopter and/or his
spouse;
(2) When
the
adopted minor has abandoned the home of the adopter for more than three
years and efforts have been exhausted to locate the minor within the
stated
period;
(3) When
by
other acts the adopted person has definitely repudiated the adoption.chanrobles virtual law library
Art. 42. Effects
of Rescission or Revocation. - Where the adopted minor has not reached
the age of majority at the time of the revocation or rescission
referred
to in the next preceding articles, the court in the same proceeding
shall
determine whether he should be returned to the parental authority of
his
natural parents or remitted to the Department of Social Welfare or any
duly licensed child placement agency or whether a guardian over his
person
and property should be appointed.chanrobles virtual law library
Where the adopted
child has reached the age of majority, the revocation or rescission, if
and when granted by the court, shall release him from all obligations
to
his adopting parents and shall extinguish all his rights against them:
Provided, That if the said adopted person is physically or mentally
handicapped
as to need a guardian over his person or property, or both, the court
may
appoint a guardian in accordance with the provisions of existing law.chanrobles virtual law library
In all cases
of revocation or rescission, the adopted shall lose the right to
continue
using the adopter's surname and the court shall order the amendment of
the records in the Civil Register in accordance with its decision.chanrobles virtual law library
Chapter
2RIGHTS
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Chapter
3DUTIES
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.chanrobles virtual law library
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.chanrobles virtual law library
In cases involving
his discipline, the child shall be given a chance to present his side.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
The parents
shall see to it that the child lives in a safe and wholesome place and
under responsible adult care and supervision.chanrobles virtual law library
Art. 50. Special
Talents. - Parents shall endeavor to discover the child's talents or
aptitudes,
if any, and to encourage and develop them.chanrobles virtual law library
If the child
is especially gifted, his parents shall report this fact to the
National
Center for Gifted Children or to other agencies concerned so that
official
assistance or recognition may be extended to him.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Art. 54. Social
Gatherings. - When a party or gathering is held, the parents or a
responsible
person should be present to supervise the same.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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 choosen.chanrobles virtual law library
Chapter
4LIABILITIES
OF PARENTS
Art. 58. Torts.
- Parents and guardians are responsible for the damage caused by the
child
under their parental authority in accordance with the Civil Code.chanrobles virtual law library
Art. 59. Crimes.
- Criminal liability shall attach to any parent who:
(1) Conceals
or abandons the child with intent to make such child lose his civil
status.chanrobles virtual law library
(2)
Abandons
the child under such circumstances as to deprive him of the love, care
and protection he needs.chanrobles virtual law library
(3) Sells
or
abandons the child to another person for valuable consideration.chanrobles virtual law library
(4)
Neglects
the child by not giving him the education which the family's station in
life and financial conditions permit.chanrobles virtual law library
(5) Fails
or
refuses, without justifiable grounds, to enroll the child as required
by
Article 72.chanrobles virtual law library
(6)
Causes,
abates, or permits the truancy of the child from the school where he is
enrolled. "Truancy" as here used means absence without cause for more
than
twenty schooldays, not necessarily consecutive.chanrobles virtual law library
It shall
be
the duty of the teacher in charge to report to the parents the absences
of the child the moment these exceed five schooldays.chanrobles virtual law library
(7)
Improperly
exploits the child by using him, directly or indirectly, such as for
purposes
of begging and other acts which are inimical to his interest and
welfare.chanrobles virtual law library
(8)
Inflicts
cruel and unusual punishment upon the child or deliberately subjects
him
to indignitions and other excessive chastisement that embarrass or
humiliate
him.chanrobles virtual law library
(9) Causes
or
encourages the child to lead an immoral or dissolute life.chanrobles virtual law library
(10)
Permits
the child to possess, handle or carry a deadly weapon, regardless of
its
ownership.chanrobles virtual law library
(11)
Allows
or requires the child to drive without a license or with a license
which
the parent knows to have been illegally procured. If the motor vehicle
driven by the child belongs to the parent, it shall be presumed that he
permitted or ordered the child to drive.chanrobles virtual law library
"Parents" as here
used shall include the guardian and the head of the institution or
foster
home which has custody of the child.chanrobles virtual law library
Art. 60. Penalty.
- The act mentioned in the preceding article shall be punishable with
imprisonment
from two or six months or a fine not exceeding five hundred pesos, or
both,
at the discretion of the Court, unless a higher penalty is provided for
in the Revised
Penal Code or special laws, without prejudice to actions for the
involuntary
commitment of the child under Title VIII of this Code.chanrobles virtual law library
Chapter
5ASSISTANCE
TO PARENTS
Art. 61.
Admonition
to Parents. - Whenever a parent or guardian is found to have been
unreasonably
neglectful in the performance of his duties toward the child, he shall
be admonished by the Department of Social Welfare or by the local
Council
for the Protection of Children referred to in Article 87.chanrobles virtual law library
Whenever a child
is found delinquent by any court, the father, mother or guardian may be
judicially admonished.chanrobles virtual law library
Art. 62. Medical
and Dental Services. - If the child has special health problems, his
parents
shall be entitled to such assistance from the government as may be
necessary
for his care and treatment in addition to other benefits provided for
under
existing law.chanrobles virtual law library
Art. 63. Financial
Aid and Social Services to Needy Families. - Special financial or
material
aid and social services shall be given to any needy family, to help
maintain
the child or children in the home and prevent their placement elsewhere.chanrobles virtual law library
The amount of
such aid shall be determined by the Department of Social Welfare,
taking
into consideration, among other things, the self-employment of any of
the
family members and shall be paid from any funds available for the
purpose.chanrobles virtual law library
Art. 64. Assistance
to Widowed or Abandoned Parent and Her Minor Dependents. - The State
shall
give assistance to widowed or abandoned parent or where either spouse
is
on prolonged absence due to illness, imprisonment, etc. and who is
unable
to support his/her children. Financial and other essential social
services
shall be given by the National Government or other duly licensed
agencies
with similar functions to help such parent acquire the necessary
knowledge
or skill needed for the proper care and maintenance of the family.chanrobles virtual law library
Art. 65. Criterion
for Aid. - The criteria to determine eligibility for the aid mentioned
in the next two preceding articles shall be (1) the age of the child or
children (2) the financial condition of the family, (3) the degree of
deprivation
of parental care and support, and (4) the inability to exercise
parental
authority.chanrobles virtual law library
Art. 66. Assistance
to Unmarried Mothers and Their Children. - Any unmarried mother may,
before
and after the birth of the child, seek the assistance and advice of the
Department of Social Welfare or any duly licensed child placement
agency.
The said agencies shall offer specialized professional services which
include
confidential help and protection to such mother and her child,
including
placement of protection to such mother and child, including placement
of
such mother's rights, if any, against the father of such child.chanrobles virtual law library
Chapter
6FOSTER
- CARE
Art. 67. Foster
Homes. - Foster Homes shall be chosen and supervised by the Department
of Social Welfare or any duly licensed child placement agency when and
as the need therefore arises. They shall be run by married couples, to
be licensed only after thorough investigation of their character,
background,
motivation and competence to act as foster parents.chanrobles virtual law library
Art. 68. Institutional
Care. - Assignment of the child to a foster home shall be preferred to
institutional care. Unless absolutely necessary, no child below nine
years
of age shall be placed in an institution. An older child may be taken
into
an institution for child care if a thorough social case study indicates
that he will derive more benefit therefrom.chanrobles virtual law library
Art. 69. Day-care
service and other substitute parental arrangement. - Day-care and other
substitute parental arrangement shall be provided a child whose parents
and relatives are not able to care for him during the day. Such
arrangements
shall be the subject of accreditation and licensing by the Department
of
Social Welfare.chanrobles virtual law library
Art. 70. Treatment
of Child Under Foster Care. - A child under foster care shall be given,
as much as possible, the affection and understanding that his own
parents,
if alive or present, would or should have extended to him. Foster care
shall take into consideration the temporary nature of the placement and
shall not alienate the child from his parents.chanrobles virtual law library
TITLE
III
CHILD
AND
YOUTH WELFARE AND
EDUCATIONChapter
1ACCESS
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Art. 74. Special
Classes. - Where needs warrants, 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.chanrobles virtual law library
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.chanrobles virtual law library
Chapter
IITHE
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 andco-curricular
- toward the proper physical, social, intellectual and moral
development
of the child.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Chapter
IIIMISCELLANEOUS
Art. 78.
Contributions.
- No school shall receive or collect from students, directly or
indirectly,
contributions of any kind or form, or for any purpose except those
expressly
provided by law, and on occasions of national or local disasters in
which
case the school may accept voluntary contribution or aid from students
for distribution to victims of such disasters or calamities.chanrobles virtual law library
TITLE IV
CHILD
AND
YOUTH WELFARE AND THE
CHURCH
Art. 79. Rights
of the Church. - The State shall respect the rights of the Church in
matters
affecting the religious and moral upbringing of the child.chanrobles virtual law library
Art. 80. Establishment
of Schools. - All churches and religious orders, congregations or
groups
may, conformably to law, establish schools for the purpose of educating
children in accordance with the tenets of their religion.chanrobles virtual law library
Art. 81. Religious
Instruction. - The religious education of children in all public and
private
schools is a legitimate concern of the Church to which the students
belong.
All churches may offer religious instruction in public and private
elementary
and secondary schools, subject to the requirements of the Constitution
and existing laws.chanrobles virtual law library
Art. 82. Assistance
to Churches. - Insofar as may be allowed by the Constitution, the
government
shall extend to all churches, without discrimination or preference,
every
opportunity to exercise their influence and disseminate their teachings.chanrobles virtual law library
Art. 83. Parents.
- Parents shall admonish their children to heed the teachings of their
Church and to perform their religious duties. Whenever possible,
parents
shall accompany their children to the regular devotions of their Church
and other religious ceremonies.chanrobles virtual law library
TITLE V
CHILD
AND
YOUTH WELFARE AND THE
COMMUNITYChapter
IDUTIES
IN GENERAL OF THE COMMUNITY
Art. 84.
Community
Defined. - As used in this Title, a community shall mean, the local
government,
together with the society of individuals or institutions, both public
and
private, in which a child lives.chanrobles virtual law library
Art. 85. Duties
of the Community. - To insure the full enjoyment of the right of every
child to live in a society that offers or guarantee him safety, health,
good moral environment and facilities for his wholesome growth and
development,
it shall be the duty of the community to:
(1) Bring
about
a healthy environment necessary to the normal growth of children and
the
enhancement of their physical, mental and spiritual well-being;
(2) Help
institutions
of learning, whether public or private, achieve the fundamental
objectives
of education;
(3)
Organize
or encourage movements and activities, for the furtherance of the
interests
of children and youth;
(4)
Promote
the establishment and maintenance of adequately equipped playgrounds,
parks,
and other recreational facilities;
(5)
Support
parent education programs by encouraging its members to attend and
actively
participate therein;
(6) Assist
the
State in combating and curtailing juvenile delinquency and in
rehabilitating
wayward children;
(7) Aid in
carrying
out special projects for the betterment of children in the remote areas
or belonging to cultural minorities or those who are out of school; and
(8)
Cooperate
with private and public child welfare agencies in providing care,
training
and protection to destitute, abandoned, neglected, abused, handicapped
and disturbed children.chanrobles virtual law library
Chapter
2COMMUNITY
BODIES DEALING WITH CHILD WELFARESection.
A. Barangay Councils
Art. 86.
Ordinances
and Resolutions. - Barangay Councils shall have the authority to enact
ordinances and resolutions not inconsistent with law or municipal
ordinances,
as may be necessary to provide for the proper development and welfare
of
the children in the community, in consultation with representatives of
national agencies concerned with child and youth welfare.chanrobles virtual law library
Art. 87. Council
for the Protection of Children. - Every barangay council shall
encourage
the organization of a local Council for the Protection of Children and
shall coordinate with the Council for the Welfare of Children and Youth
in drawing and implementing plans for the promotion of child and youth
welfare. Membership shall be taken from responsible members of the
community
including a representative of the youth, as well as representatives of
government and private agencies concerned with the welfare of children
and youth whose area of assignment includes the particular barangay and
shall be on a purely voluntary basis.chanrobles virtual law library
Said Council
shall:
(1) Foster
the education of every child in the barangay;
(2)
Encourage
the proper performance of the duties of parents, and provide learning
opportunities
on the adequate rearing of children and on positive parent-child
relationship;
(3)
Protect
and assist abandoned or maltreated children and dependents;
(4) Take
steps
to prevent juvenile delinquency and assist parents of children with
behavioral
problems so that they can get expert advise;
(5) Adopt
measures
for the health of children;
(6)
Promote
the opening and maintenance of playgrounds and day-care centers and
other
services that are necessary for child and youth welfare;
(7)
Coordinate
the activities of organizations devoted to the welfare of children and
secure their cooperation;
(8)
Promote
wholesome entertainment in the community, especially in movie houses;
and
(9) Assist
parents,
whenever necessary in securing expert guidance counseling from the
proper
governmental or private welfare agency.chanrobles virtual law library
In addition, it
shall hold classes and seminars on the proper rearing of the children.
It shall distribute to parents available literature and other
information
on child guidance. The Council shall assist parents, with behavioral
problems
whenever necessary, in securing expert guidance counseling from the
proper
governmental or private welfare agency.chanrobles virtual law library
Art. 88. Barangay
Scholarships. - Barangay funds may be appropriated to provide annual
scholarship
for indigent children who, in judgment of the Council for the
Protection
of Children, deserve public assistance in the development of their
potentialities.chanrobles virtual law library
Art. 89. Youth
Associations in Barangays. - Barangay councils shall encourage
membership
in civil youth associations and help these organizations attain their
objectives.chanrobles virtual law library
Art. 90. Aid
to Youth Associations. - In proper cases, barangay funds may be used
for
the payment of the cost of the uniforms and equipment required by these
organizations.chanrobles virtual law library
Section.
B. Civic Associations of Adults
Art. 91. Civic
Associations of Adults. - As used in this Title, a civic association
shall
refer to any club, organization or association of individuals
twenty-one
years of age or over, which is directly or indirectly involved in
carrying
out child welfare programs and activities.chanrobles virtual law library
Art. 92. Accounting
of Proceeds or Funds. - It shall be the duty of any civic association
of
adults holding benefits or soliciting contributions pursuant to the
provisions
of the next preceding article, to render an accounting of the proceeds
thereof to the Department of Social Welfare or to the city or municipal
treasurer, as the case may be.chanrobles virtual law library
Art. 93. Functions.
- Civic associations and youth associations shall make arrangements
with
the appropriate governmental or civic organization for the instruction
of youth in useful trades or crafts to enable them to earn a living.chanrobles virtual law library
Art. 94. Youth
Demonstrations. - Any demonstrations sponsored by any civic
associations
and youth associations shall be conducted in a peaceful and lawful
manner.chanrobles virtual law library
Art. 95. Unwholesome
Entertainment and advertisements. - It shall be the duty of all civic
associations
and youth associations to bring to the attention of the proper
authorities
the exhibition of indecent shows and the publication, sale or
circulation
of pornographic materials.chanrobles virtual law library
The Board of
Censors or the Radio Control Board may, upon representation of any
civic
association, prohibit any movie, television or radio program offensive
to the proprieties of language and behavior.chanrobles virtual law library
Commercial and
advertisements and trailers which are improper for children under
eighteen
years of age due to their advocating or unduly suggesting violence,
vices,
crimes and immorality, shall not be shown in any movie theater where
the
main feature is for general patronage nor shall they be used or shown
during
or immediately before and after any television or radio program for
children.chanrobles virtual law library
Art. 96. Complaint
Against Child Welfare Agency. - Any civic association and any youth
association
may complain to the officials of any public or private child-caring
agency
about any act or omission therein prejudicial to the wards of such
agency.chanrobles virtual law library
If the complaint
is not acted upon, it may be brought to the Council for the Protection
of Children or the Department of Social Welfare, which shall promptly
investigate
the matter and take such steps as may be necessary.chanrobles virtual law library
Art. 97. Studies
and Researches. - The government shall make available such data and
technical
assistance as may be needed by civic associations conducting studies
and
researches on matters relating to child welfare, including the
prevention
of juvenile delinquency.chanrobles virtual law library
Art. 98. Exchange
Programs. - Student exchange programs sponsored by civic associations
or
youth associations shall receive the support and encouragement of the
State.chanrobles virtual law library
Section.
C. Youth Associations
Art. 99. Youth
Associations. - As used in this Title, a youth association shall refer
to any club, organization or association of individuals below
twenty-one
years of age which is directly or indirectly involved in carrying out
child
or youth welfare programs and activities.chanrobles virtual law library
Art. 100. Rights
and Responsibilities. - All youth associations shall enjoy the same
rights
and discharge the same responsibilities as civic associations as may be
permitted under existing laws.chanrobles virtual law library
Art. 101. Student
Organizations. - All student organization in public or private schools
shall include in their objectives the cultivation of harmonious
relations
among their members and with the various segments of the community.chanrobles virtual law library
Chapter
3
COLLABORATION
BETWEEN THE HOME AND THE
COMMUNITY
Art. 102.
Proper
Atmosphere for Children. - The home shall aid the community in
maintaining
an atmosphere conducive to the proper upbringing of children,
particularly
with respect to their preparation for adult life and the conscientious
discharge of their civic duties as a whole.chanrobles virtual law library
Art. 103. Unwholesome
Influence. - The home and the community shall cooperate with each other
in counteracting and eliminating such influences as may be exerted upon
children by useless and harmful amusements and activities, obscene
exhibitions
and programs, and establishments inimical to health and morals.chanrobles virtual law library
TITLE VI
CHILD
AND
YOUTH WELFARE AND THE
SAMAHANChapter
1DUTIES
IN GENERAL OF THE SAMAHANArt. 104. "Samahan"
Defined. - As used in this Code, the term "samahan" shall
refer
to the aggregate of persons working in commercial, industrial, and
agricultural
establishments or enterprises, whether belonging to labor or management.chanrobles virtual law library
Art. 105. Organization.
- The barangay, municipal and city councils, whenever necessary, shall
provide by ordinance for the formation and organization of a samahan
in their respective communities. Membership in the samahan shall
be on voluntary basis from among responsible persons from the various
sectors
of the community mentioned in the preceding article.chanrobles virtual law library
Art. 106. Duties
of the Samahan. - The Samahan shall:
(1) Prevent
the employment of children in any kind of occupation or calling which
is
harmful to their normal growth and development;
(2)
Forestall
their exploitation by insuring that their rates of pay, hours of work
and
other conditions of employment are in accordance not only with law but
also with equity;
(3) Give
adequate
protection from all hazards to their safety, health, and morals, and
secure
to them their basic right to an education;
(4) Help
out-of-school
youth to learn and earn at the same time by helping them look for
opportunities
to engage in economic self-sufficient projects;
(5) To
coordinate
with vocational and handicraft classes in all schools and agencies in
the
barangay, municipality or city to arrange for possible marketing of the
products or articles made by the students; and
(6)
Provide
work experience, training and employment in those areas where the
restoration
and conservation of our natural resources is deemed necessary.chanrobles virtual law library
Chapter
2WORKING
CHILDREN
Art. 107.
Employment
of Children Below Sixteen Years. - Children below sixteen years of age
may be employed to perform light work which is not harmful to their
safety,
health or normal development and which is not prejudicial to their
studies.chanrobles virtual law library
The provisions
of the Labor Code
relating to employable age and conditions of employment of children are
hereby adopted as part of this Code insofar as not inconsistent
herewith.chanrobles virtual law library
Art. 108. Duty
of Employer to Submit Report. - The employer shall submit to the
Department
of Labor a report of all children employed by him. A separate report
shall
be made of all such children who are found to be handicapped after
medical
examination. The Secretary of Labor shall refer such handicapped
children
to the proper government or private agencies for vocational guidance,
physical
and vocational rehabilitation, and placement in employment.chanrobles virtual law library
Art. 109. Register
of Children. - Every employer in any commercial, industrial or
agricultural
establishment or enterprise shall keep:
(1) A
register
of all children employed by him, indicating the dates of their birth;
(2) A
separate
file for the written consent to their employment given by their parents
or guardians;
(3) A
separate
file for their educational and medical certificates; and
(4) A
separate
file for special work permits issued by the Secretary of Labor in
accordance
with existing laws.chanrobles virtual law library
Art. 110. Education
of Children Employed as Domestics. - If a domestic is under sixteen
years
of age, the head of the family shall give him an opportunity to
complete
at least elementary education as required under Article 71. The cost of
such education shall be a part of the domestic's compensation unless
there
is a stipulation to the contrary.chanrobles virtual law library
Chapter
3LABOR-MANAGEMENT
PROJECTS
Art. 111. Right
to Self-Organization. - Working children shall have the same freedoms
as
adults to join the collective bargaining union of their own choosing in
accordance with existing law.chanrobles virtual law library
Neither management
nor any collective bargaining union shall threaten or coerce working
children
to join, continue or withdraw as members of such union.chanrobles virtual law library
Art. 112. Conditions
of Employment. - There shall be close collaboration between labor and
management
in the observance of the conditions of employment required by law for
working
children.chanrobles virtual law library
Art. 113. Educational
Assistance Programs. - The management may allow time off without loss
or
reduction of wages for working children with special talents to enable
them to pursue formal studies in technical schools on scholarships
financed
by management or by the collective bargaining union or unions.chanrobles virtual law library
Art. 114. Welfare
Programs. - Labor and management shall, in cooperation with the Women
and
Minors Bureau of the Department of Labor, undertake projects and
in-service
training programs for working children which shall improve their
conditions
of employment, improve their capabilities and physical fitness,
increase
their efficiency, secure opportunities for their promotion, prepare
them
for more responsible positions, and provide for their social,
educational
and cultural advancement.chanrobles virtual law library
Art. 115. Research
Projects. - Labor and management shall cooperate with any government or
private research project on matters affecting the welfare of working
children.chanrobles virtual law library
Chapter
4
COLLABORATION
BETWEEN THE HOME AND THE
SAMAHAN
Art. 116.
Collaboration
Between the Home and the Samahan. - The home shall assist the Samahan
in
the promotion of the welfare of working children and for this purpose
shall:
(1) Instill
in the hearts and minds of working children the value of dignity of
labor;
(2) Stress
the
importance of the virtues of honesty; diligence and perseverance in the
discharge of their duties;
(3)
Counsel
them on the provident use of the fruits of their labor for the
enrichment
of their lives and the improvement of their economic security; and
(4)
Protect
their general well-being against exploitation by management or unions
as
well as against conditions of their work prejudicial to their health,
education,
or morals.chanrobles virtual law library
TITLE
VII
CHILD
AND
YOUTH WELFARE AND THE
STATEChapter
1
REGULATION
OF CHILD AND YOUTH WELFARE
SERVICES
Art. 117.
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) A
child-caring
institution is 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.chanrobles virtual law library
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.chanrobles virtual law library
(2) A
detention
home is 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.chanrobles virtual law library
(3) A
shelter-care
institution is 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.chanrobles virtual law library
(4)
Receiving
homes are 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.chanrobles virtual law library
(5) A
nursery
is 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.chanrobles virtual law library
(6) A
maternity
home is 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.chanrobles virtual law library
(7) A
rehabilitation
center is an institution that receives and rehabilitates youthful
offenders
or other disturbed children.chanrobles virtual law library
(8) A
reception
and study center is 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.chanrobles virtual law library
(9) A
child-placing
agency is 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.chanrobles virtual law library
Art. 118. License
Required. - No private person, natural or juridical, shall establish,
temporarily
or permanently, any child welfare agency without first securing a
license
from the Department of Social Welfare.chanrobles virtual law library
Such license
shall not be transferable and shall be used only by the person or
institution
to which it was issued at the place stated therein.chanrobles virtual law library
No license shall
be granted unless the purpose of function of the agency is clearly
defined
and stated in writing. Such definition shall include the geographical
area
to be served, the children to be accepted for care, and the services to
be provided.chanrobles virtual law library
If the applicant
is a juridical person, it must be registered in accordance with
Philippine
laws.chanrobles virtual law library
Art. 119. Guiding
Principles. - The protection and best interests of the child or
children
therein shall be the first and basic consideration in the granting,
suspension
or revocation of the license mentioned in the preceding article.chanrobles virtual law library
Art. 120. Revocation
or Suspension of License. - The Department of Social Welfare may, after
notice and hearing , suspend or revoke the license of a child welfare
agency
on any of the following grounds:
(1) That the
agency is being used for immoral purposes;
(2) That
said
agency is insolvent or is not in a financial position to support and
maintain
the children therein or to perform the functions for which it was
granted
license;
(3) That
the
children therein are being neglected or are undernourished;
(4) That
the
place is so unsanitary so as to make it unfit for children;
(5) That
said
agency is located in a place or community where children should not be,
or is physically dangerous to children or would unduly expose children
to crime, vice, immorality, corruption or severe cruelty; or
(6) That
said
agency has by any act or omission shown its incompetence or
unworthiness
to continue acting as a child welfare agency. During the period of
suspension,
the agency concerned shall not accept or admit any additional children.
In any case, the Department of Social Welfare shall make such order as
to the custody of the children under the care of such agency as the
circumstances
may warrant. The suspension may last for as long as the agency has not
complied with any order of the Department of Social Welfare to remove
or
remedy the conditions which have risen to the suspension. The aggrieved
agency may appeal the suspension and/or revocation in a proper court
action.
In such case, the court shall within fifteen days from the filing of
the
Department of Social Welfare's answer, conduct a hearing and decide the
case, either by lifting the suspension, or continuing it for such
period
of time as it may order, or by revoking the license of the agency where
the Department of Social Welfare has proven the revocation to be
justified.chanrobles virtual law library
Art. 121. Responsible
Government Body. - The governing body of a child welfare agency or
institution
shall be composed of civic leaders or persons of good standing in the
community.
The administrator must be a competent person qualified by education or
experience or both to serve as such.chanrobles virtual law library
Art. 122. Child-Caring
Institution Serving as Child-Placement Agency. - An association or
corporation
may be both a child-caring institution and a child-placement agency and
it may be licensed to carry out both types of service.chanrobles virtual law library
When a license
also serves as a child-placement agency, it shall maintain a staff
equipped
by training to make thorough studies of every prospective family home.
Staff arrangements must also be made for continuing supervision of the
children staying in family homes so long as the children remain in the
legal custody of the agency.chanrobles virtual law library
Art. 123. Responsible
Staff of Employees. - The licensee shall choose its employees who shall
be persons of good health and character, and whenever possible, the
higher
rank of employees shall in addition have training, preferably in child
psychology.chanrobles virtual law library
Art. 124. Intake
Study and Periodic Investigations. - The licensee shall undertake
investigations
to determine if the acceptance or continued stay of a child in its
institution
is necessary. Each licensee shall make provisions for continuing
services,
including social casework for every child under its care.chanrobles virtual law library
Art. 125. Records.
- The licensee shall keep confidential records of every child in its
study.
These records shall be made available only to such persons as may be
authorized
by the Department of Social Welfare or by the proper court.chanrobles virtual law library
Art. 126. Home
Atmosphere. - Child welfare agencies shall endeavor to provide the
children
with a pleasant atmosphere that shall approximate as nearly as possible
the conditions of an ideal home. Vocational rehabilitation shall also
be
provided in accordance with existing law and the particular needs of
the
children.chanrobles virtual law library
Art. 127. Adequate
Diet. - The licensee shall provide a varied and balanced diet to
satisfy
the child's total nutritional requirements.chanrobles virtual law library
Art. 128. Clothing.
- The licensee shall furnish clean, comfortable, and appropriate
clothing
for every child under its care.chanrobles virtual law library
Art. 129. Physical
Surroundings and Outings. - The licensee shall maintain a building
adequate
both in ventilation and sanitation, and with a safe, clean and spacious
playground.chanrobles virtual law library
Regular inexpensive
periodic outing shall be an important part of its activities in order
to
make the children aware of their vital role in their community and
country.chanrobles virtual law library
Art. 130. Medical
and Nursing Care. - The licensee shall provide adequate medical and
nursing
care for sick children who may be confined due to illness.chanrobles virtual law library
Art. 131. Religious
Training. - The licensee shall provide opportunities for religious
training
to children under its custody, taking into consideration the religious
affiliation or express wishes of the child or his parents. For such
purpose,
it shall have a defined policy regarding its religious activities for
the
information of those wishing to place children in its care.chanrobles virtual law library
Art. 132. Annual
Report. - Every child welfare agency or institution shall submit to the
Department of Social Welfare an annual report setting forth a brief
summary
of its operations during the preceding year, including the funds
received
during said period, the sources thereof, the purposes for which they
were
spent and the cash position of the agency or institution as of the date
of the report, number of children admitted, and such other information
as may be required by the Department of Social Welfare.chanrobles virtual law library
Chapter
2
COLLABORATION
BETWEEN THE HOME AND THE
STATE
Art. 133.
Healthy
Growth of Children. - Pursuant to its obligation to assist the parents
in the proper upbringing of the child, the State shall, whenever
possible,
in collaboration and cooperation with local government establish:
(1)
Puericulture
and similar centers;
(2)
Juvenile
courts;
(3) Child
welfare
agencies;
(4)
Orphanages
and other similar institutions; and
(5)
Children's
recreation centers.chanrobles virtual law library
Art. 134. Puericulture
or Health Centers. - Puericulture or health centers shall be
established
in every barangay to perform, among other things, the following
functions:
(1)
Disseminate
information concerning the health of children and expectant or nursing
mothers;
(2)
Provide
consultation service and treatment, whenever necessary, for the
children
and the expectant or nursing mothers;
(3)
Provide
guidance and special treatment to children with physical handicaps; and
(4) Advise
child welfare institutions on matters relating to nutrition and hygiene.chanrobles virtual law library
Art. 135. Juvenile
and Domestic Relations Courts. - Juvenile and Domestic Relations Courts
shall, as far as practicable, be established in every province or city
to hear and decide cases involving juvenile and domestic problems.chanrobles virtual law library
Art. 136. Regional
Child Welfare Agencies. - The State shall, whenever practicable,
establish
regional child welfare agencies, orphanages and other similar
institutions
to provide care for the children mentioned in Title VIII of this Code.chanrobles virtual law library
Art. 137. Children's
Reading and Recreation Centers. - The State shall establish in every
barangay
reading centers and recreation centers where children may meet and play
together for their healthy growth and their social and cultural
development.chanrobles virtual law library
Art. 138. Parent
Education Program. - The Department of Social Welfare shall from time
to
time hold a Parent Education Congress, which shall aim to enable
parents
to understand child growth and development, parent-child relationship,
family life, and family-community relationship, and to improve their
ability
to discharge their duties.chanrobles virtual law library
Art. 139. Curfew
Hours for Children. - City or municipal councils may prescribe such
curfew
hours for children as may be warranted by local conditions. The duty to
enforce curfew ordinances shall devolve upon the parents or guardians
and
the local authorities.chanrobles virtual law library
Any parent or
guardian found grossly negligent in the performance of the duty imposed
by this article shall be admonished by the Department of Social Welfare
or the Council for the Protection of Children.chanrobles virtual law library
Art. 140. State
Aid in Case of Public Calamity. - In case of earthquake, flood, storm,
conflagration, epidemic, or other calamity, the State shall give
special
assistance to children whenever necessary. The Department of Social
Welfare
shall take immediate custody of dependent children and give temporary
shelter
to orphaned or displaced children (who are separated from their parents
or guardian).chanrobles virtual law library
TITLE
VIIISPECIAL
CATEGORIES OF CHILDRENChapter
1
DEPENDENT,
ABANDONED AND NEGLECTED
CHILDRENArt. 141.
Definition
of Terms. - As used in this Chapter:
(1) A
dependent
child is 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.chanrobles virtual law library
(2) An
abandoned
child is one who has no proper parental care or guardianship, or whose
parents or guardians have deserted him for a period of at least six
continuous
months.chanrobles virtual law library
(3) A
neglected
child is one whose basic needs have been deliberately unattended or
inadequately
attended. Neglect may occur in two ways:
a) There is
a physical neglect when the child is malnourished, ill clad and without
proper shelter.chanrobles virtual law library
A child
is unattended
when left by himself without provisions for his needs and/or without
proper
supervision.chanrobles virtual law library
b)
Emotional
neglect exists: when children are maltreated, raped or seduced; when
children
are exploited, overworked or made to work under conditions not
conducive
to good health; or are made to beg in the streets or public places, or
when children are in moral danger, or exposed to gambling, prostitution
and other vices.chanrobles virtual law library
(4)
Commitment
or surrender of a child is the legal act of entrusting a child to the
care
of the Department of Social Welfare or any duly licensed child
placement
agency or individual.chanrobles virtual law library
Commitment
may
be done in the following manner:
a)
Involuntary
commitment, in case of a dependent child, or through the termination of
parental or guardianship rights by reason of abandonment, substantial
and
continuous or repeated neglect and/or parental incompetence to
discharge
parental responsibilities, and in the manner, form and procedure
hereinafter
prescribed.chanrobles virtual law library
b)
Voluntary
commitment, through the relinquishment of parental or guardianship
rights
in the manner and form hereinafter prescribed.chanrobles virtual law library
Art. 142. Petition
for Involuntary Commitment of a Child: Venue. - The Department of
Social
Welfare Secretary or his authorized representative or any duly licensed
child placement agency having knowledge of a child who appears to be
dependent,
abandoned or neglected, may file a verified petition for involuntary
commitment
of said child to the care of any duly licensed child placement agency
or
individual.chanrobles virtual law library
The petition
shall be filed with the Juvenile and Domestic Relations Court, if any,
or with the Court of First Instance of the province or City Court in
which
the parents or guardian resides or the child is found.chanrobles virtual law library
Art. 143. Contents
of Petition: Verification. - The petition for commitment must state so
far as known to the petitioner:
(1) The facts
showing that the child is dependent, abandoned, or neglected;
(2) The
names
of the parent or parents, if known, and their residence. If the child
has
no parent or parents living, then the name and residence of the
guardian,
if any; and
(3) The
name
of the duly licensed child placement agency or individual to whose care
the commitment of the child is sought.chanrobles virtual law library
The petition shall
be verified and shall be sufficient if based upon the information and
belief
of the petitioner.chanrobles virtual law library
Art. 144. Court
to Set Time for Hearing: Summons. - When a petition or commitment is
filed,
the court shall fix a date for the hearing thereof. If it appears from
the petition that one or both parents of the child, or the guardian,
resides
in province or city, the clerk of court shall immediately issue
summons,
together with a copy of the petition, which shall be served on such
parent
or guardian not less than two days before the time fixed for the
hearing.
Such summons shall require them to appear before the court on the date
mentioned.chanrobles virtual law library
Art. 145. When
Summons shall Not be Issued. - The summons provided for in the next
preceding
article shall not be issued and the court shall thereupon proceed with
the hearing of the case if it appears from the petition that both
parents
of the child are dead or that neither parent can be found in the
province
or city and that the child has no guardian residing therein.chanrobles virtual law library
Art. 146. Representation
of Child. - If it appears that neither of the parents nor the guardian
of the child can be found in the province or city, it shall be the duty
of the court to appoint some suitable person to represent him.chanrobles virtual law library
Art. 147. Duty
of Fiscal. - The provincial or city fiscal shall appear for the State,
seeing to it that there has been due notice to all parties concerned
and
that there is justification for the declaration of dependency,
abandonment
or neglect.chanrobles virtual law library
The legal services
section of the Department of Social Welfare, any recognized legal
association,
or any appointed de officio counsel shall prepare the petition for the
Secretary of the Department of Social Welfare, his representative or
the
head of the duly licensed child placement agency, or the duly licensed
individual and represent him in court in all proceedings arising under
the provisions of this Chapter.chanrobles virtual law library
Art. 148. Hearing.
- During the hearing of the petition, the child shall be brought before
the court, which shall investigate the facts and ascertain whether he
is
dependent, abandoned, or neglected, and, if so, the cause and
circumstances
of such condition. In such hearing, the court shall not be bound by the
technical rules of evidence.chanrobles virtual law library
Failure to provide
for the child's support for a period of six months shall be presumptive
evidence of the intent to abandon.chanrobles virtual law library
Art. 149. Commitment
of Child. - If, after the hearing, the child is found to be dependent,
abandoned, or neglected, an order shall be entered committing him to
the
care and custody of the Department of Social Welfare or any duly
licensed
child placement agency or individual.chanrobles virtual law library
Art. 150. When
Child May Stay In His Own Home. - If in the court's opinion the cases
of
the abandonment or neglect of any child may be remedied, it may permit
the child to stay in his own home and under the care and control of his
own parents or guardian, subject to the supervision and direction of
the
Department of Social Welfare.chanrobles virtual law library
When it appears
to the court that it is no longer for the best interests of such child
to remain with his parents or guardian, it may commit the child in
accordance
with the next preceding article.chanrobles virtual law library
Art. 151. Termination
of Rights of Parents. - When a child shall have been committed to the
Department
of Social Welfare or any duly licensed child placement agency or
individual
pursuant to an order of the court, his parents or guardian shall
thereafter
exercise no authority over him except upon such conditions as the court
may impose.chanrobles virtual law library
Art. 152. Authority
of Person, Agency or Institution. - The Department of Social Welfare or
any duly licensed child placement agency or individual receiving a
child
pursuant to an order of the court shall be the legal guardian and
entitled
to his legal custody and control, be responsible for his support as
defined
by law, and when proper, shall have authority to give consent to his
placement,
guardianship and/or adoption.chanrobles virtual law library
Art. 153. Change
of Custody. - The Department of Social Welfare shall have the authority
to change the custody of a child committed to and duly licensed child
placement
agency or individual if it appears that such change is for the best
interests
of the child. However, when conflicting interests arise among child
placement
agencies the court shall order the change of commitment of the child.chanrobles virtual law library
Art. 154. Voluntary
Commitment of a Child to an Institution. - The parent or guardian of a
dependent, abandoned or neglected child may voluntarily commit him to
the
Department of Social Welfare or any duly licensed child placement
agency
or individual subject to the provisions of the next succeeding articles.chanrobles virtual law library
Art. 155. Commitment
Must Be in Writing. - No child shall be committed pursuant to the
preceding
article unless he is surrendered in writing by his parents or guardian
to the care and custody of the Department of Social Welfare or duly
licensed
child placement agency. In case of the death or legal incapacity of
either
parent or abandonment of the child for a period of at least one year,
the
other parent alone shall have the authority to make the commitment. The
Department of Social Welfare, or any proper and duly licensed child
placement
agency or individual shall have the authority to receive, train,
educate,
care for or arrange appropriate placement of such child.chanrobles virtual law library
Art. 156. Legal
Custody. - When any child shall have been committed in accordance with
the preceding article and such child shall have been accepted by the
Department
of Social Welfare or any duly licensed child placement agency or
individual,
the rights of his natural parents, guardian, or other custodian to
exercise
parental authority over him shall cease.chanrobles virtual law library
Such agency
or individual shall be entitled to the custody and control of such
child
during his minority, and shall have authority to care for, educate,
train
and place him out temporarily or for custody and care in a duly
licensed
child placement agency. Such agency or individual may intervene in
adoption
proceedings in such manner as shall best inure to the child's welfare.chanrobles virtual law library
Art. 157. Visitation
or Inspection. - Any duly licensed child placement agency or individual
receiving a judicial order or by voluntary commitment by his parents or
guardian shall be subject to visitation or inspection by a
representative
of the court or of the Department of Social Welfare or both, as the
case
may be.chanrobles virtual law library
Art. 158. Report
of Person or Institution. - Any duly licensed child placement agency or
individual receiving a child for commitment may at any time be required
by the Department of Social Welfare to submit a report, copy furnished
the court, containing all necessary information for determining whether
the welfare of the child is being served.chanrobles virtual law library
Art. 159. Temporary
Custody of Child. - Subject to regulation by the Department of Social
Welfare
and with the permission of the court in case of judicial commitment,
the
competent authorities of any duly licensed child placement agency or
individual
to which a child has been committed may place him in the care of any
suitable
person, at the latter's request, for a period not exceeding one month
at
a time.chanrobles virtual law library
The temporary
custody of the child shall be discontinued if it appears that he is not
being given proper care, or at his own request, or at the instance of
the
agency or person receiving him.chanrobles virtual law library
Art. 160. Prohibited
Acts. - It shall be unlawful for any child to leave the person or
institution
to which he has been judicially or voluntarily committed or the person
under whose custody he has been placed in accordance with the next
preceding
article, or for any person to induce him to leave such person or
institution,
except in case of grave physical or moral danger, actual or imminent,
to
the child.chanrobles virtual law library
Any violation
of this article shall be punishable by an imprisonment of not more than
one year or by a fine of not more than two thousand pesos, or both such
fine and imprisonment at the discretion of the court: Provided, That if
the violation is committed by a foreigner, he shall also be subject to
deportation.chanrobles virtual law library
If the violation
is committed by a parent or legal guardian of the child, such fact
shall
aggravate or mitigate the offense as circumstances shall warrant.chanrobles virtual law library
Art. 161. Duty
to Report Abandonment. - When the parents or persons entitled to act as
guardian of a child are dead or, if living, have abandoned him, for no
valid reason, for at least six months in a duly licensed child
placement
agency or hospital, or left him with any other person for the same
period
without providing for his care and support, such fact shall be reported
immediately to the Department of Social Welfare. In case of a child
left
in a hospital immediate transfer of the child to the Department of
Social
Welfare or any duly licensed child placement agency must be arranged.
The
Department of Social Welfare shall make provisions for the adequate
care
and support of the child and shall take such action as it may deem
proper
for his best interests.chanrobles virtual law library
Art. 162. Adoption
of Dependent or Abandoned or Neglected Child. - Upon the filing of an
application
by any person to adopt a dependent, abandoned or neglected child in the
custody of any institution or individual mentioned in Article 156, it
shall
be the duty of the provincial or city fiscal, any recognized legal
association,
or any appointed de officio counsel upon being informed of such fact,
to
represent the Department of Social Welfare in the proceedings. The
costs
of such proceedings shall be de officio.chanrobles virtual law library
Art. 163. Restoration
of Child After Involuntary Commitment. - The parents or guardian of a
child
committed to the care of a person, agency or institution by judicial
order
may petition the proper court for the restoration of his rights over
the
child: Provided, That the child in the meantime, has not been priorily
given away in adoption nor has left the country with the adopting
parents
or the guardian. The petition shall be verified and shall state that
the
petitioner is now able to take proper care and custody of said child.chanrobles virtual law library
Upon receiving
the petition, the court shall fix the time for hearing the questions
raised
thereby and cause reasonable notice thereof to be sent to the
petitioner
and to the person, agency or institution to which the child has been
committed.
At the trial, any person may be allowed, at the discretion of the
court,
to contest the right to the relief demanded, and witnesses may be
called
and examined by the parties or by the court motu proprio. If it is
found
that the cause for the commitment of the child no longer exists and
that
the petitioner is already able to take proper care and custody of the
child,
the court, after taking into consideration the best interests and the
welfare
of the child, shall render judgment restoring parental authority to the
petitioner.chanrobles virtual law library
Art. 164. Restoration
After Voluntary Commitment. Upon petition filed with the Department of
Social Welfare the parent or parents or guardian who voluntarily
committed
a child may recover legal custody and parental authority over him from
the agency, individual or institution to which such child was
voluntarily
committed when it is shown to the satisfaction of the Department of
Social
Welfare that the parent, parents or guardian is in a position to
adequately
provide for the needs of the child: Provided, That, the petition for
restoration
is filed within six months after the surrender.chanrobles virtual law library
In all cases,
the person, agency or institution having legal custody of the child
shall
be furnished with a copy of the petition and shall be given the
opportunity
to be heard.chanrobles virtual law library
Art. 165. Removal
of Custody. - A petition to transfer custody of a child may be filed
against
a person or child welfare agency to whose custody a child has been
committed
by the court based on neglect of such child as defined in Article
141(3).
If the court, after notice and hearing, is satisfied that the
allegations
of the petition are true and that it is for the best interest and
welfare
of the child the court shall issue an order taking him from the custody
of the person or agency, as the case may be, and committing him to the
custody of another duly licensed child placement agency or individual.chanrobles virtual law library
The license
of the agency or individual found guilty of such neglect may be
suspended
or revoked, as the court may deem proper, in the same proceeding.chanrobles virtual law library
Art. 166. Report
of Maltreated or Abused Child. - All hospitals, clinics and other
institutions
as well as private physicians providing treatment shall, within
forty-eight
hours from knowledge of the case, report in writing to the city or
provincial
fiscal or to the Local Council for the Protection of Children or to the
nearest unit of the Department of Social Welfare, any case of a
maltreated
or abused child, or exploitation of an employed child contrary to the
provisions
of labor laws. It shall be the duty of the Council for the Protection
of
Children or the unit of the Department of Social Welfare to whom such a
report is made to forward the same to the provincial or city fiscal.chanrobles virtual law library
Violation of
this provision shall subject the hospital, clinic, institution, or
physician
who fails to make such report to a fine of not more than two thousand
pesos.chanrobles virtual law library
In cases of
sexual abuse, the records pertaining to the case shall be kept strictly
confidential and no information relating thereto shall be disclosed
except
in connection with any court or official proceeding based on such
report.
Any person disclosing confidential information in violation of this
provision
shall be punished by a fine of not less than one hundred pesos nor more
than five thousand pesos, or by imprisonment for not less than thirty
days
nor more than one year, or both such fine and imprisonment, at the
discretion
of the court.chanrobles virtual law library
Art. 167. Freedom
from Liability of Reporting Person or Institution. - Persons,
organizations,
physicians, nurses, hospitals, clinics and other entities which shall
in
good faith report cases of child abuse, neglect, maltreatment or
abandonment
or exposure to moral danger be free from any civil or criminal
liability
arising therefrom.chanrobles virtual law library
Chapter
2MENTALLY
RETARDED, PHYSICALLY HANDICAPPED,
EMOTIONALLY
DISTURBED AND MENTALLY ILL
CHILDREN
Art. 168.
Mentally
Retarded Children. - Mentally retarded children are (1) socially
incompetent,
that is, socially inadequate and occupationally incompetent and unable
to manage their own affairs; (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.chanrobles virtual law library
Art. 169. 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.chanrobles virtual law library
(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. He can likewise attain a primary
grade
level of education if he receives effective instruction.chanrobles virtual law library
(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. The degree of success or accomplishment
that they will reach in life depends very much on the quality and type
of education they receive, as well as on the treatment at home and in
the
community. 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.chanrobles virtual law library
(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. They have to
spend much more time with their studies than do most children in order
to pass. Those who cannot make it are usually handicapped by one or
more
other conditions aside from that of intelligence.chanrobles virtual law library
Art. 170. Physically
Handicapped Children. - Physically handicapped children are those who
are
crippled, deaf-mute, blind, or otherwise defective which restricts
their
means of action on communication with others.chanrobles virtual law library
Art. 171. 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.chanrobles virtual law library
Art. 172. 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.chanrobles virtual law library
Art. 173. Admission
of Disabled Children. - The Department of Social Welfare, upon the
application
of the parents or guardians and the recommendation of any reputable
diagnostic
center or clinic, shall refer and/or admit disabled children to any
public
or private institution providing the proper care, training and
rehabilitation.chanrobles virtual law library
"Disabled children"
as used in this Chapter shall include mentally retarded, physically
handicapped,
emotionally disturbed, and severe mentally ill children.chanrobles virtual law library
Art. 174. Training
and Opportunities for Disabled Children. - Specialized educational
services
shall be expanded and improved to provide appropriate opportunities for
disabled children. Vocational rehabilitation and manpower conservation
agencies shall train disabled children for specialized types of jobs,
services
and business which could be learned only by them and shall help provide
opportunities for their future occupational placement: That the
agencies
and organizations engaged in programs and services for the disabled
need
not be limited to minors. Persons of legal age may be admitted whenever
facilities are available for them.chanrobles virtual law library
Art. 175. Planning
of Programs and Services. - Selected pilot demonstration projects
needed
by the disabled children shall be developed and shall be the basis for
planning expanded programs and services throughout the nation. There
shall
be established area centers designed to bring together an aggregate of
services to serve all ages of the disabled within a specified
geographical
area.chanrobles virtual law library
Art. 176. Donations.
- Donations to agencies and organizations engaged in programs and
services
for disabled children shall be deductible in accordance with the
provision
of Presidential Decree No. 507.chanrobles virtual law library
Art. 177. Petition
for Commitment. - Where a child appears to be mentally retarded,
physically
handicapped, emotionally disturbed, or mentally ill, and needs
institutional
care but his parents or guardians are opposed thereto, the Department
of
Social Welfare, or any duly licensed child placement agency or
individual
shall have the authority to file a petition for commitment of the said
child to any reputable institution providing care, training and
rehabilitation
for disabled children.chanrobles virtual law library
The parents
or guardian of the child may file a similar petition in case no
immediate
placement can be arranged for the disabled child when the welfare and
interest
of the child is at stake.chanrobles virtual law library
Art. 178. Venue.
- The petition for commitment of a disabled child shall be filed with
the
Juvenile and Domestic Relations Court, if any, or with the Court of
First
Instance of the province or City Court where the parent or guardian
resides
or where the child is found.chanrobles virtual law library
Art. 179. Contents
of Petition. - The petition for commitment must state so far as known
to
the petitioner:
(1) The facts
showing that the child appears to be mentally retarded, physically
handicapped,
emotionally disturbed or mentally ill and needs institutional care;
(2) The
Fact
that the parents or guardians or any duly licensed disabled child
placement
agency, as the case may be, has opposed the commitment of such child;
(3) The
name
of the parents and their residence, if known or if the child has no
parents
or parent living, the names and residence of the guardian, if any; and
(4) The
name
of the institution where the child is to be committed.chanrobles virtual law library
The petition shall
be verified and shall be sufficient if based upon the information and
belief
of the petitioner.chanrobles virtual law library
Art. 180. Order
of Hearing. - If the petition filed is sufficient in form and
substance,
the court, by an order reciting the purpose of the petition, shall fix
the date for the hearing thereof, and a copy of such order shall be
served
on the child alleged to be mentally retarded, or physically
handicapped,
or emotionally disturbed, or mentally ill, and on the person having
charge
of him or any of his relatives residing in the province or city as the
judge may deem proper. The court shall furthermore order the sheriff to
produce, if possible, the alleged disabled child on the date of the
hearing.chanrobles virtual law library
Art. 181. Hearing
and Judgment. - Upon satisfactory proof that the institutional care of
the child is for him or the public welfare and that his parents, or
guardian
or relatives are unable for any reason to take proper care of him, the
Court shall order his commitment to the proper institution for disabled
children.chanrobles virtual law library
Art. 182. Disposition
of Property or Money. - The Court, in its order of commitment, shall
make
proper provisions for the custody of property or money belonging to the
committed child.chanrobles virtual law library
Art. 183. Findings
and Other Data. - The Court shall furnish the institution to which the
child has been committed with a copy of its judgment, together with all
the social and other data pertinent to the case.chanrobles virtual law library
Art. 184. Expenses.
- The expense of maintaining a disabled child in the institution to
which
he has been committed shall be borne primarily by the parents or
guardian
and secondarily, by such disabled child, if he has property of his own.chanrobles virtual law library
In all cases
where the expenses for the maintenance of the disabled child cannot be
paid in accordance with the next preceding paragraph, the same, or such
part thereof as may remain unpaid, shall be borne by the Department of
Social Welfare.chanrobles virtual law library
Art. 185. Children
With Cerebral Palsy. - Children afflicted with cerebral palsy shall be
committed to the institution which under the circumstances of the
particular
child concerned is best equipped to treat and care for him.chanrobles virtual law library
Art. 186. Discharge
of Child Judicially Committed. - The Court shall order the discharge of
any child judicially committed to an institution for disabled children
if it is certified by the Department of Social Welfare that:
(1) He has
been certified by the duly licensed disabled child placement agency to
be no longer a hazard to himself or to the community;
(2) He has
been
sufficiently rehabilitated from his physical handicap or, if of work
age,
is already fit to engage in a gainful occupation; or
(3) He has
been
relieved of his emotional problems and complexes and is ready to assume
normal social relations.chanrobles virtual law library
Art. 187. Discharge
of Child Voluntarily Committed. - Any child voluntarily committed to an
institution for disabled children may be discharged by the Department
of
Social Welfare motu proprio or upon the request of his parents or
guardian
on any of the grounds specified in the preceding article. In the latter
case, the Department of Social Welfare may refuse to discharge the
child
if, in its opinion, his release would be prejudicial to him or to the
community.chanrobles virtual law library
Art. 188. Assistance
of Fiscal. - The provincial or city fiscal shall represent the
Department
of Social Welfare or any recognized legal association in all judicial
matters
arising under the provisions of this Chapter.chanrobles virtual law library
Chapter
3YOUTHFUL
OFFENDERS
Art. 189.
Youthful
Offender Defined. - A youthful offender is one who is over nine years
but
under twenty-one years of age at the time of the commission of the
offense.chanrobles virtual law library
A child nine
years of age or under at the time of the offense shall be exempt from
criminal
liability and shall be committed to the care of his or her father or
mother,
or nearest relative or family friend in the discretion of the court and
subject to its supervision. The same shall be done for a child over
nine
years and under fifteen years of age at the time of the commission of
the
offense, unless he acted with discernment, in which case he shall be
proceeded
against in accordance with Article 192.chanrobles virtual law library
The provisions
of Article 80 of the Revised
Penal Code shall be deemed modified by the provisions of this
Chapter.chanrobles virtual law library
Art. 190. Physical
and Mental Examination. - It shall be the duty of the law-enforcement
agency
concerned to take the youthful offender, immediately after his
apprehension,
to the proper medical or health officer for a thorough physical and
mental
examination. Whenever treatment for any physical or mental defect is
indicated,
steps shall be immediately undertaken to provide the same.chanrobles virtual law library
The examination
and treatment papers shall form part of the record of the case of the
youthful
offender.chanrobles virtual law library
Art. 191. Care
of Youthful Offender Held for Examination or Trial. - A youthful
offender
held for physical and mental examination or trial or pending appeal, if
unable to furnish bail, shall from the time of his arrest be committed
to the care of the Department of Social Welfare or the local
rehabilitation
center or a detention home in the province or city which shall be
responsible
for his appearance in court whenever required: Provided, That in the
absence
of any such center or agency within a reasonable distance from the
venue
of the trial, the provincial, city and municipal jail shall provide
quarters
for youthful offenders separate from other detainees. The court may, in
its discretion, upon recommendation of the Department of Social Welfare
or other agency or agencies authorized by the Court, release a youthful
offender on recognizance, to the custody of his parents or other
suitable
person who shall be responsible for his appearance whenever required.chanrobles virtual law library
Art. 192. Suspension
of Sentence and Commitment of Youthful Offender. - If after hearing the
evidence in the proper proceedings, the court should find that the
youthful
offender has committed the acts charged against him the court shall
determine
the imposable penalty, including any civil liability chargeable against
him. However, instead of pronouncing judgment of conviction, the court
shall suspend all further proceedings and shall commit such minor to
the
custody or care of the Department of Social Welfare, or to any training
institution operated by the government, or duly licensed agencies or
any
other responsible person, until he shall have reached twenty-one years
of age or, for a shorter period as the court may deem proper, after
considering
the reports and recommendations of the Department of Social Welfare or
the agency or responsible individual under whose care he has been
committed.chanrobles virtual law library
The youthful
offender shall be subject to visitation and supervision by a
representative
of the Department of Social Welfare or any duly licensed agency or such
other officer as the Court may designate subject to such conditions as
it may prescribe.chanrobles virtual law library
Art. 193. Appeal.
- The youthful offender whose sentence is suspended can appeal from the
order of the court in the same manner as appeals in criminal cases.chanrobles virtual law library
Art. 194. Care
and Maintenance of Youthful Offender. - The expenses for the care and
maintenance
of the youthful offender whose sentence has been suspended shall be
borne
by his parents or those persons liable to support him: Provided, That
in
case his parents or those persons liable to support him can not pay all
or part of said expenses, the municipality in which the offense was
committed
shall pay one-third of said expenses or part thereof; the province to
which
the municipality belongs shall pay one-third; and the remaining
one-third
shall be borne by the National Government. Chartered cities shall pay
two-thirds
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 indebtedness.chanrobles virtual law library
All city and
provincial governments must exert efforts for the immediate
establishment
of local detention homes for youthful offenders.chanrobles virtual law library
Art. 195. Report
on Conduct of Child. - The Department of Social Welfare or its
representative
or duly licensed agency or individual under whose care the youthful
offender
has been committed shall submit to the court every four months or
oftener
as may be required in special cases, a written report on the conduct of
said youthful offender as well as the intellectual, physical, moral,
social
and emotional progress made by him.chanrobles virtual law library
Art. 196. Dismissal
of the Case. - If it is shown to the satisfaction of the court that the
youthful offender whose sentence has been suspended, has behaved
properly
and has shown his capability to be a useful member of the community,
even
before reaching the age of majority, upon recommendation of the
Department
of Social Welfare, it shall dismiss the case and order his final
discharge.chanrobles virtual law library
Art. 197. Return
of the Youth Offender to Court. - Whenever the youthful offender has
been
found incorrigible or has willfully failed to comply with the
conditions
of his rehabilitation programs, or should his continued stay in the
training
institution be inadvisable, he shall be returned to the committing
court
for the pronouncement of judgment.chanrobles virtual law library
When the youthful
offender has reached the age of twenty-one while in commitment, the
court
shall determine whether to dismiss the case in accordance with the next
preceding article or to pronounce the judgment of conviction.chanrobles virtual law library
In any case
covered by this article, the youthful offender shall be credited in the
service of his sentence with the full time spent in actual commitment
and
detention effected under the provisions of this Chapter.chanrobles virtual law library
Art. 198. Effect
of Release of Child Based on Good Conduct. - The final release of a
child
pursuant to the provisions of this Chapter shall not obliterate his
civil
liability for damages. Such release shall be without prejudice to the
right
for a writ of execution for the recovery of civil damages.chanrobles virtual law library
Art. 199. Living
Quarters for Youthful Offenders Sentence. - When a judgment of
conviction
is pronounced in accordance with the provisions of Article 197, and at
the time of said pronouncement the youthful offender is still under
twenty-one,
he shall be committed to the proper penal institution to serve the
remaining
period of his sentence: Provided, That penal institutions shall provide
youthful offenders with separate quarters and, as far as practicable,
group
them according to appropriate age levels or other criteria as will
insure
their speedy rehabilitation: Provided, further, That the Bureau of
Prisons
shall maintain agricultural and forestry camps where youthful offenders
may serve their sentence in lieu of confinement in regular
penitentiaries.chanrobles virtual law library
Art. 200. Records
of Proceedings. - Where a youthful offender has been charged before any
city or provincial fiscal or before any municipal judge and the charges
have been ordered dropped, all the records of the case shall be
destroyed
immediately thereafter.chanrobles virtual law library
Where a youthful
offender has been charged and the court acquits him, or dismisses the
case
or commits him to an institution and subsequently releases him pursuant
to this Chapter, all the records of his case shall be destroyed
immediately
after such acquittal, dismissal or release, unless civil liability has
also been imposed in the criminal action, in which case such records
shall
be destroyed after satisfaction of such civil liability. The youthful
offender
concerned shall not be held under any provision of law, to be guilty of
perjury or of concealment or misrepresentation by reason of his failure
to acknowledge the case or recite any fact related thereto in response
to any inquiry made of him for any purpose.chanrobles virtual law library
"Records" within
the meaning of this article shall include those which may be in the
files
of the National Bureau of Investigation and with any police department,
or any other government agency which may have been involved in the case.chanrobles virtual law library
Art. 201. Civil
Liability of Youthful Offenders. - The civil liability for acts
committed
by a youthful offender shall devolve upon the offender's father and, in
case of his death or incapacity, upon the mother, or in case of her
death
or incapacity, upon the guardian. Civil liability may also be
voluntarily
assumed by a relative or family friend of the youthful offender.chanrobles virtual law library
Art. 202. Rehabilitation
Centers. - The Department of Social Welfare shall establish regional
rehabilitation
centers for youthful offenders. The local government and other
non-governmental
entities shall collaborate and contribute their support for the
establishment
and maintenance of these facilities.chanrobles virtual law library
Art. 203. Detention
Homes. - The Department of Local Government and Community Development
shall
establish detention homes in cities and provinces distinct and separate
from jails pending the disposition of cases of juvenile offenders.chanrobles virtual law library
Art. 204. Liability
of Parents or Guardian or Any Person in the Commission of Delinquent
Acts
by Their Children or Wards. - A person whether the parent or guardian
of
the child or not, who knowingly or willfully,
(1) Aids,
causes,
abets or connives with the commission by a child of a delinquency, or
(2) Does
any
act producing, promoting, or contributing to a child's being or
becoming
a juvenile delinquent, shall be punished by a fine not exceeding five
hundred
pesos or to imprisonment for a period not exceeding two years, or both
such fine and imprisonment, at the discretion of the court.chanrobles virtual law library
TITLE IX
COUNCIL
FOR THE WELFARE OF CHILDREN
AND
YOUTHChapter
1CREATION
AND COMPOSITIONArt. 205.
Creation
of the Council for the Welfare of Children. - A Council for the Welfare
of Children is hereby established under the Office of President. The
Council
shall be composed of the Secretary of Social Welfare as Chairman, and
seven
members, namely: The Secretary of Justice, the Secretary of Labor, the
Secretary of Education and Culture, the Secretary of Health, the
Presiding
Judge of the Juvenile and Domestic Relations Court, City of Manila, and
two representatives of voluntary welfare associations to be appointed
by
the President of the Philippines, each of whom shall hold office for a
term two years.chanrobles virtual law library
There shall
be a permanent Secretariat for the Council headed by an Executive
Director,
to be appointed by the Chairman and approved by a majority of the
members
of the Council.chanrobles virtual law library
For actual attendance
at regular meetings, the Chairman and each member of the Council shall
receive a per diem of one hundred pesos for every meeting actually
attended,
but the total amount of per diem that the Chairman and a member may
receive
in a month shall in no case exceed five hundred pesos.chanrobles virtual law library
Art. 206. Appropriation.
- The sum of five million pesos is hereby appropriated, out of any
funds
in the National Treasury not otherwise appropriated, for the operation
and maintenance of the Council for the Welfare of Children and Youth
during
the fiscal year. Thereafter, such sums as may be necessary for its
operation
and maintenance shall be included in the General Appropriations Decree.chanrobles virtual law library
Chapter
2POWERS
AND RESPONSIBILITIES
Art. 207.
Powers
and Functions. - The Council for the Welfare of Children and Youth
shall
have the following powers and functions:
(1) To
coordinate
the implementation and enforcement of all laws relative to the
promotion
of child and youth welfare;
(2) To
prepare,
submit to the President and circulate copies of long-range programs and
goals for the physical, intellectual , emotional, moral, spiritual, and
social development of children and youth, and to submit to him an
annual
report of the progress thereof;
(3) To
formulate
policies and devise, introduce, develop and evaluate programs and
services
for the general welfare of children and youth;
(4) To
call
upon and utilize any department, bureau, office, agency, or
instrumentality,
public, private or voluntary, for such assistance as it may require in
the performance of its functions;
(5)
Perform
such other functions as provided by law.chanrobles virtual law library
Art. 208. Offices
to Coordinate with the Council for Welfare of Children. - The following
offices and agencies shall coordinate with the Council for the Welfare
of Children and Youth in the implementation of laws and programs on
child
and youth welfare:
(1)
Department
of Justice
(2)
Department
of Social Welfare
(3)
Department
of Education and Culture
(4)
Department
of Labor
(5)
Department
of Health
(6)
Department
of Agriculture
(7)
Department
of Local Government and Community Development;
(8) Local
Councils
for the Protection of Children; and such other government and private
agencies
which have programs on child and youth welfare.chanrobles virtual law library
Existing as well
as proposed programs of the above-named agencies as well as other
government
and private child and youth welfare agencies as may be hereafter
created
shall be implemented by such agencies: Provided, That, with the
exception
of those proposed by the Local Councils for the Protection of Children,
all long-range child and youth welfare programs shall, before
implementation,
be indorsed by the agencies concerned to their respective departments,
which shall in turn indorse the same to the Council for the Welfare on
Children and Youth, for evaluation, cooperation and coordination.chanrobles virtual law library
Chapter
3
IMPLEMENTATION
OF CODE AND RULE-MAKING
AUTHORITY
Art. 209.
Implementation
of this Code and Rule-Making Authority. - The enforcement and
implementation
of this Code shall be the primary responsibility of the Council for the
Welfare of Children. Said Council shall have authority to promulgate
the
necessary rules and regulations for the purpose of carrying into effect
the provisions of this Code.chanrobles virtual law library
FINAL
PROVISIONS
Art. 210.
General
Penalty. - Violations of any provisions of this Code for which no
penalty
is specifically provided shall be punished by imprisonment not
exceeding
one month or a fine not exceeding two hundred pesos, or both such fine
and imprisonment at the discretion of the court, unless a higher
penalty
is provided for in the Revised
Penal Code or special laws.chanrobles virtual law library
Art. 211. Repealing
Clause. - All laws or parts of any laws inconsistent with the
provisions
of this Code are hereby repealed or modified accordingly: Provided,
That
the provisions of the Dangerous Drugs Act of 1972 and amendments
thereto
shall continue to be in force and shall not be deemed modified or
repealed
by any provision of this Code.chanrobles virtual law library
Art. 212. Separability
Clause. - If any provision of this Code is held invalid, the other
provisions
not affected thereby shall continue in operation.chanrobles virtual law library
Art. 213. Effectivity
Clause. - This Code shall take effect six months after its approval.chanrobles virtual law library
Done in the
City of Manila, this 10th day of December, in the year of Our Lord,
nineteen
hundred and seventy-four.chanrobles virtual law library
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