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MODULE 5: LEGAL PARAMETERS

DURATION: 3 hours (1-week discussion)

INTRODUCTION:

The main goals of this module is to determine if there are variations in delinquency
between cohabitating and other family types, and to examine the extent to which parental
social control measures account for the variation in delinquency by family structure.

MODULE TOPICS:

LESSON 5.1. PD 603

LESSON 5.2. RA 7610
LESSON 5.3. RA 6809
LESSON 5.4. RA 8552 AND RA 8043
LESSON 5.5. RA 9208
LESSON 5.6. RA 9231
LESSON 5.7. RA 9255
LESSON 5.8. RA 9262
LESSON 5.9. RA 9344
LESSON 5.10. RA 9775

LEARNING OBJECTIVES:

At the end of the module the students must be able to:

 To determine the qualification of person who can adopt

 To differentiate the categories of children
 To identify the different provisions relating to children
 To understand the legal parameters of every salient features of the stated laws
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LESSON 5.1. PD 603 THE CHILD AND YOUTH WELFARE CODE

PD 603 - THE CHILD AND YOUTH WELFARE CODE approved on 10 December 1974
effectivity date is six (6) months after approval shall apply to persons under eighteen (18)
years of age

AGE OF MAJORITY
- majority commences at the age of eighteen years

EMANCIPATION
- freedom from parental authority, both over his person and property

RA 6809
- the law that lowered the age of majority from twenty one to eighteen years approved
on 13 December 1989

DSWD
- Department of Social Welfare and Development

PARENTAL AUTHORITY
- the sum total of the rights of the parents over the person and property of their child
the exercise of which has no distinction between a legitimate and an illegitimate child

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 judicial order to the contrary.

In case of separation of parents, no child under seven (7) years of age shall be
separated from his mother unless the court decides otherwise.

CATEGORIES OF CHILDREN

Dependent child
- one who is without a parent, guardian or custodian, or whose parents, guardian or
other custodian for good cause desire to be relieved of his care and custody and is
dependent upon the public for support

Abandoned child
- one who had no proper parental care or guardianship or whose parents or guardians
have deserted him for a period of at least six consecutive months
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Neglected child
- one whose basic needs have been deliberately unattended or inadequately attended
neglect may occur in two ways:
A. physical neglect: malnourishment, untidy and damaged clothing, no shelter; a
child is unattended when left by himself without provision for his needs and or
without proper supervision
B. emotional neglect: children are maltreated, raped, seduced, abused, exploited,
made to work under conditions not conducive to good health children placed in
moral and physical danger

Mentally retarded children

- socially incompetent, socially inadequate and occupationally incompetent and unable
to manage their own affairs
- mentally sub-normal
- retarded intellectually from birth or early age
- retarded at maturity
- mentally deficient as a result of constitutional origin through heredity or disease
- essentially incurable

Physically handicapped children

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

Emotionally disturbed children

- 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

Mentally ill children

- those with any behavioral disorder, whether functional or organic, which is of such a
degree of severity as to require professional help or hospitalization

Disabled children
- shall include mentally retarded, physically handicapped, emotionally disturbed and
severe mentally ill children

LESSON 5.2. RA 7610 SPECIAL PROTECTION OF CHILDREN AGAINST CHILD

ABUSE, EXPLOITATION AND DISCRIMINATION ACT

RA 7610 SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND

DISCRIMINATION ACT was approved on 17 June 1992
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RA 7658 – amendatory law to RA 7610 approved on November 9, 1993.

PROVISIONS:

Article I: Title, Policy, Principles and Definitions of Terms

Article II: Program on Child Abuse, Exploitation and Discrimination
Article III: Child Prostitution and Other Sexual Abuse
Article IV: Child Trafficking
Article V: Obscene Publications and Indecent Shows
Article VI: Other Acts of Abuse
Article VII: Sanctions for Establishments or Enterprises
Article VIII: Working Children
Article IX: Children of Indigenous Cultural Communities
Article X: Children in Situations of Armed Conflict
Article XI: Remedial Procedures

CHILD PROSTITUTION
exploitation of children, whether male or female, by coercing them into indulging in sexual
intercourse or lascivious conduct for money, profit or any other consideration

WHO ARE CRIMINALLY LIABLE FOR CHILD PROSTITUTION:

- those who engage in or promote, facilitate or induce child prostitution, such as:
- those acting as procurer of a child prostitute
- parents, guardians, or relatives who knowingly allow or coerce their children or ward
into prostitution
- those who commit the act of sexual intercourse or lascivious conduct with a child
exploited in child prostitution, such as:
- clients of child prostitutes
- those who derive profit or advantage there from, such as:
- managers or owners of the establishment where the prostitution takes place

OBSCENE PUBLICATIONS AND INDECENT SHOWS

the use, hiring, employment and coercing of children as performers, actors or models for
obscene exhibitions and indecent shows, whether live or in video, or in printed pornographic
materials

CHILDREN AS ZONES OF PEACE

- children shall not be the object of attack in situations of armed conflict
- they shall be protected from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment children shall not be recruited to become members
of the Armed Forces of the Philippines of its civilian units, nor be allowed to take part
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in the fighting, or used as guides, couriers or spies children shall be given priority
during evacuation as a result of armed conflict

LESSON 5.4. RA 8552 AND RA 8043 LAWS ON ADOPTION

RA 8043
- an act by which relations of paternity and filiations are recognized as legally existing
between persons not so related by nature
- the taking into one’s family of the child of another, as son or daughter and heir, and
conferring on it a title to the rights and privileges of such

RA 8552 - DOMESTIC ADOPTION ACT OF 1998

ADOPTER
- the person adopting

ADOPTEE
- the person to be adopted

CHILD LEGALLY AVAILABLE FOR ADOPTION

- a child who has been voluntarily or involuntarily committed to the DSWD or to a duly
licensed and accredited child-placing or child-caring agency, freed of the parental
authority of his/her biological parents or guardian or adopter, in case of rescission

Who may adopt:

- any Filipino citizen of legal age at least sixteen (16) years older than the adoptee unless
the adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s
parent
- any alien possessing the same qualifications as that of a Filipino citizen, who has been
living in the Philippines for at least three (3) consecutive years, and whose country has
diplomatic relations with the Philippines

Who may be adopted:

- any person below eighteen (18) years of age judicially declared available for adoption
- the legitimate son/daughter of one spouse by the other spouse
- an illegitimate son/daughter by a qualified adopter to improve his/her status to that of
legitimacy
- a person of legal age if prior to the adoption, said person has been consistently
considered and treated by the adopter as his/her own child since minority
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- a child whose adoption has been previously rescinded

- a child whose biological or adoptive parents has died, but proceedings may only be
initiated after six months from the time of the death of the parents

Whose consent is necessary for adoption:

- the adoptee, if ten (10) years of age or over

- the biological parents of the child or legal guardian, or the proper government
instrumentality which has legal custody of the child
- the legitimate and adopted children of the adopter, ten (10) years of age and over
- the illegitimate children of the adopter, ten (10) years of age and over, if living with
said adopter
- the spouse of the adopter, if any

SUPERVISED TRIAL CUSTODY

- a period of time within which a social worker oversees the adjustment and emotional
readiness of both adopter and adoptee in stabilizing their filial relationship
the period is at least six months

RESCISSION OF ADOPTION
- adoption shall not be subject to rescission by the adopter

GROUNDS FOR RESCISSION OF ADOPTION

- repeated physical and verbal maltreatment by the adopter despite having undergone
counseling
- attempt on the life of the adoptee
- sexual assault or violence
- abandonment and failure to comply with parental obligations

INTER-COUNTRY ADOPTION
- the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is issued outside the Philippines

INTER-COUNTRY ADOPTION BOARD

- acts as the central authority in matters relating to inter-country adoption
- shall act as the policy-making body for purposes of carrying out the provisions of RA
8043, in consultation and coordination with the DSWD headed by the Secretary of the
DSWD as ex officio chairman and six (6) members to be appointed by the President,
with a term of six (6) years.
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WHO MAY ADOPT

- Any alien or a Filipino citizen permanently residing abroad who is at least twenty (27)
years of age and at least sixteen (16) years older than the adoptee unless the adopter
is the parent by nature of the adoptee or the spouse of such parent, coming from a
country with whom the Philippines has diplomatic relations and possesses all the
qualifications provided in other applicable Philippine laws.

WHERE TO FILE APPLICATION

- An application to adopt a child shall be filed either with the Philippine Regional Trial
Court having jurisdiction over the child or with the Board, through an intermediate
agency, in the country of the prospective adoptive parents.

SUPERVISED TRIAL CUSTODY

- shall be at least six (6) months

LESSON 5.5. RA 9208 - ANTI-TRAFFICKING IN PERSONS ACT OF 2003

TRAFFICKING IN PERSONS
- The recruitment, transportation, transfer or harboring, or receipt of persons with or
without the victim’s consent or knowledge within or across national borders by means
of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse
of power or prostitution, taking advantage of the vulnerability of the person, or giving
or receiving of payments or benefits to achieve the consent of a person having control
over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced
labor or services, slavery, servitude or the removal or sale of organs
- The recruitment, transportation, transfer, harboring or receipt of a child for the
purpose of exploitation shall also be considered as “trafficking in person” even if it
does not involve any of the means set forth in the preceding paragraph

QUALIFIED TRAFFICKING IN PERSON (SEC 6, RA 9208)

- When the trafficked person is a child;
- When the adoption is effected through RA 8043 and said adoption is for the purpose
of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
- When the offender is an ascendant, parent, sibling, guardian or a person who exercised
authority over the trafficked person or when the offense is committed by a public
officer or employee
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PENALTY
- any person found guilty of qualified trafficking shall suffer the penalty of life
imprisonment and a fine of not less than two million pesos (P2,000,000.00) but not
more than five million pesos (P5,000,000.00)
- conviction by final judgment of the adopter for any offense under this Act shall result
in the immediate rescission of the decree of adoption

LESSON 5.6. RA 7658 ON WORKING CHILDREN

WORKING CHILDREN

RA 7658 - amendatory law to RA 7610 approved on 9 November 1993

- Children below fifteen (15) years of age shall not be employed except:
- When a child works directly under sole responsibility of is parents or legal guardian
and where only members of the employer’s family are employed;
- Where a child’s employment or participation in public entertainment or information
through cinema, theatre, radio or television is essential, with the approval of the
Department of Labor and Employment;
- It is the duty of the employer to submit to the Department of Labor and Employment
a report of all children employed by him.
- If a domestic is under sixteen years of age, the head of the family shall give him or
her an opportunity to complete at least elementary education, the cost of which shall
be a part of the domestic’s compensation.

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

CHILD PROSTITUTION
- children, whether male or female, who for money, profit or any other consideration or
due to the coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct
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CHILD TRAFFICKING
- the act of buying and selling of a child for money or for any other consideration

CHILDREN AS ZONES OF PEACE

- it shall be the responsibility of the state and all sectors to promote the goal of children
as “zones of peace”

LESSON 5.7. RA 9225

REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9255 (An
Act Allowing Illegitimate Children to Use the Surname of Their Father, Amending for the
Purpose Article 176 of Executive Order No. 209, Otherwise Known as the "Family Code of the
Philippines")

LESSON 5.8. RA 9262

REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9262 The
Anti-Violence Against Women and Their Children Act of 2004.

It is a law the seeks to address the prevalence of violence against women and their
children (VAWC) by their intimate partners like their husband or ex-husband, live-in partner
or former live-in partner, boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or
former dating partner.

LESSON 5.9. RA 9344 JUVENILE JUSTICE AND WELFARE ACT

JUVENILE JUSTICE SYSTEM

- the application of the criminal justice to minors and youthful offender through the
cooperation of the criminal justice system

YOUTHFUL OFFENDER
- a child, minor or youth, including one who is emancipated in accordance with the law,
who is over nine years old but under eighteen years old at the time of the commission
of the crime
- 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. 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.
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PHYSICAL AND MENTAL EXAMINATION

- it is the duty of the law enforcement agency to take the youthful offender immediately
after his apprehension to any available government medical or health officer for a
physical and mental examination
- the examination and treatment papers shall form part of the record of the case of the
youthful offender

SUSPENSION OF SENTENCE
- suspension of the imposition of the sentence to the youthful offender
- if the court finds that the youthful offender is guilty of the crime he is accused of, it
shall determine the imposable penalty but upon application of the youthful offender, it
shall suspend the promulgation of judgment
- the court shall direct the commitment of the youthful offender to the custody of the
Department of Social Welfare and Development (DSWD) or any government-operated
training institution until he reaches the age of twenty-one (21), or for a shorter period
of time as the court may deem proper
- the DSWD, or whichever accredited training institution the youthful offender is
committed to, shall submit a written report on the conduct and progress of the youthful
offender every four months or oftener to the court
- upon reaching the age of twenty-one (21), or earlier, of the youthful offender, the
court shall review the recommendation of the DWSD and determine whether his
sentence shall be imposed and executed or his case be dismissed and order his final
discharge
- if at the age of twenty-one (21), he is found to be incorrigible or has willfully failed to
comply with the conditions of his rehabilitation program, he shall be returned to the
court for the pronouncement of judgment; in such case, the convicted offender may
apply for probation under PD 968
- in case the court finds the youthful offender to have been rehabilitated and as per
recommendation of the DWSD or whichever government accredited training institution
he was committed to, the court shall order the dismissal of the case and the youthful
offender shall have no criminal record at all
- the benefits of suspension of sentence shall not apply to those who have already
availed of suspension of sentence under PD 603, to one whose offense is punishable
by death or life imprisonment or to one who is convicted for an offense by the military
tribunals
- the order of the court denying application for suspension of sentence is not appealable
- records of the proceedings shall be considered privileged
- the civil liability for acts committed by a youthful offender shall devolve upon the
offender’s parents
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LESSON 5.10. RA 9775

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES

THEREFOR AND FOR OTHER PURPOSES

The State recognizes the vital role of the youth in nation building and shall promote and
protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-
being.

Provisions on Juvenile Justice in the Philippines

PD 603 – Child and Youth Welfare Code
Ra 7610 – Anti-Child Abuse Law
RA 6809 – law amending the age of majority
RA 8552 AND RA 8043 – laws on adoption
RA 9208 – Anti-Trafficking in Persons Act
RA 9231 – law amending RA 7610 on working children
RA 9255 – law on the use of father’s surname of
illegitimate children
RA 9262 – Anti-Violence Against Women and their Children
RA 9523 – law amending the laws on adoption
RA 9344 - Juvenile Justice and Welfare Act
RA 9775 – Anti-Child Pornography Act