PAMANTASAN NG LUNGSOD NG MUNTINLUPA

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LAWS DEVELOP FOR THE PROTECTION OF CHILDREN IN THE PHILIPPINES
DEVELOPMENT OF JUVENILE JUSTICE IN THE PHILIPPINES
1) PD 603 – Child and Youth Welfare Code
2) Ra 7610 – Anti-Child Abuse Law
3) RA 6809 – law amending the age of majority
4) RA 8552 AND RA 8043 – laws on adoption
5) RA 9208 – Anti-Trafficking in Persons Act
6) RA 9231 – law amending RA 7610 on working children
7) RA 9255 – law on the use of father’s surname of
illegitimate children
8) RA 9262 – Anti-Violence Against Women and their Children
9) RA 9523 – law amending the laws on adoption
10)RA 9344 - Juvenile Justice and Welfare Act
11) RA 9775 – Anti-Child Pornography Act

IMPORTANT PROVISIONS OF PD 603

PD 603 – THE CHILD AND YOUTH WELFARE CODE

- approved on 10 December 1974
- effectivity date is 10 June 1975 (six months after approval)
- shall apply to persons under eighteen (18) years of age

PARENTAL AUTHORITY (PATRIA POTESTAS)

- 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 the mother shall exercise jointly just and reasonable
parental authority and responsibility over their legitimate or adopted children
- in case of death of either parent, the surviving parent shall exercise sole
parental authority
- in case of disagreement, the father’s decision shall prevail unless there is a
judicial order to the contrary

PARENTAL RESPONSIBILITY
- the sum total of the duties and obligations of parents over their minor children

LIABILITIES OF PARENTS
- parents and guardians are responsible for the damage or injury caused by the
child under their parental authority

LEGAL CUSTODY
- 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

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GUARDIANSHIP
- a trust relation of the most sacred character, in which one person, called a
guardian, acts for another, called a ward, regarded as incapable of managing
his own affairs

SUBSTITUTE PARENTAL AUTHORITY

- in case of absence or death of both parents, substitute parental authority shall
be given to the following, in order of priority:
1) grandparents
2) oldest brother or sister at least 21 years of age
3) relative who has actual custody of the child/guardian duly appointed
by the court

COMMENCEMENT OF CIVIL PERSONALITY

- the CIVIL PERSONALITY of the child shall commence from the MOMENT
OF CONCEPTION

CONCEPTION
- the start of life
- the union of the sperm cell and the egg cell
- also called the process of fertilization

CIVIL PERSONALITY
- pertains to the identity and recognition of an individual as person having rights
- shall commence from the moment of conception, thus all children shall have
the right to be born and the right to live

ABORTION
- the expulsion of the fetus from the mother’s womb

KINDS OF ABORTION

1) CRIMINAL ABORTION
- classified as intentional or unintentional as provided by the Revised Penal
Code
- punishable by law

2) THERAPEUTIC ABORTION
- recommended and performed by a certified physician when there are health
risks and complications
- not punishable by law

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CATEGORIES OF CHILDREN
1) DEPENDENT
- 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

2) ABANDONED
- 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
(PD 603)
- refers to a child who has no proper parental care or guardianship, or whose
parents have deserted him or her for a period of at least three (3) continuous
months (RA 9523

3) NEGLECTED
- one whose basic needs have been deliberately unattended or inadequately
attended
- a child is unattended when left by himself without provision for his needs and
without proper supervision
- neglect may occur in two ways:
a) physical neglect
o Malnourishment, untidy and damaged clothing, no shelter
b) emotional neglect
o maltreated, raped, seduced, abused, exploited, made to work under
conditions not conducive to good health or placed in moral and physical
danger

4) MENTALLY-RETARDED
- socially incompetent, socially inadequate, 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

5) PHYSICALLY-HANDICAPPED
- crippled, deaf-mute, blind and other conditions which restrict their means of
action or communication with others

6) EMOTIONALLY-DISTURBED
- 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

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- may be caused by traumatic experiences

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

8) DISABLED
- includes mentally-retarded, physically-handicapped, emotionally-disturbed
and mentally-ill children

IMPORTANT PROVISIONS OF THE LAWS ON ADOPTION

ADOPTION
- 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

FILIATION
- the acknowledgment of the father of his relationship with the child
- also called paternity

BIOLOGICAL CHILD
- natural-born child of the parents
ADOPTED CHILD
- a child who underwent the judicial process of adoption

FOUNDLING
- refers to a deserted or abandoned infant or child whose parents, guardian or
relatives are unknown

RA 8552 – DOMESTIC ADOPTION ACT OF 1998

- approved on 25 February 1998

ADOPTER
- the person adopting or petitioning for the adoption of a child

ADOPTEE
- the child or person being petitioned for adoption

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 or her biological parents or guardians or adopter,
in case of rescission

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- refers to a child in whose favor a certification was issued by the DSWD that
he or she is legally available for adoption after the fact of abandonment or
neglect has been proven through the submission of pertinent documents, or
one who was voluntarily committed by his or her parents or legal guardian
(RA 9523)

VOLUNTARILY-COMMITTED CHILD
- one whose parents or legal guardian knowingly and willingfully relinquished
parental authority to the DSWD or any duly accredited child-placement or
child caring agency or institution

CHILD-CARING AGENCY OR INSTITUTION

- refers to a private non-profit or government agency duly accredited by the
DSWD that provides twenty-four (24) hour residential care services for
abandoned, neglected, or voluntarily committed children (RA 9523)

CHILD-PLACING AGENCY OR INSTITUTION

- refers to a private non-profit institution or government agency duly accredited
by the DSWD that receives and processes applicants to become foster or
adoptive parents and facilitate placement of children eligible for foster care or
adoption

WHO MAY ADOPT:

1) 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 biological parent
2) 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 ADOPTED:

1) any person below eighteen (18) years of age judicially declared available for
adoption
2) the legitimate son or daughter of one spouse by the other spouse
3) an illegitimate son or daughter by a qualified adopter to improve his or her status
to that of legitimacy
4) a person of legal age if prior to the adoption, said person has been consistently
considered and treated by the adopter as his or her own child since minority
5) a child whose adoption has been previously rescinded
6) a child whose biological or adoptive parents has died, but proceedings may only
be initiated after six (6) months from the time of the death of the parents

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

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- the period is at least six (6) months

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

GROUNDS FOR RESCISSION OF ADOPTION

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

RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995

- approved on 7 June 1995

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 office of six (6)
years

WHO MAY ADOPT:

1) any alien or a Filipino citizen permanently residing abroad
2) at least twenty-seven (27) years of age
3) 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
4) coming from a country with whom the Philippines has diplomatic relations
5) possesses all the qualifications provided in other applicable Philippine laws

WHERE TO FILE APPLICATION

- shall be filed either with:
a) the Philippine Regional Trial Court; or
b) the Inter-Country Adoption Board, through an intermediate agency in the
country of the prospective adoptive parents

SUPERVISED TRIAL CUSTODY

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- shall be at least six (6) months

IMPORTANT PROVISIONS OF RA 9523

RA 9523 – the law giving DSWD the sole authority to issue the certification
declaring a child legally available for adoption
- amended provisions of RA 8552 and RA 8043
- approved on 12 March 2009

IMPORTANT PROVISIONS OF RA 7610

RA 7610 – SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,

EXPLOITATION AND DISCRIMINATION ACT
- approved on 17 June 1992
- this law is also commonly referred to as the Anti-Child Abuse Act

RA 7658 – amendatory law to RA 7610

- approved on 9 November 1993
- this law amended the provisions of RA 7610 regarding working children
- this law was further amended by RA 9231

CHILD ABUSE
- refers to maltreatment, whether habitual or not, of the child

FORMS OF CHILD ABUSE

1) CRUELTY – refers to any word or deed which debases, degrades or demeans
the intrinsic worth and dignity of the child as human being
2) PHYSICAL INJURY – includes but is not limited to lacerations, fractured bones,
burns, internal injuries, severe injuries, or serious bodily harm suffered by a child
3) PSYCHOLOGICAL INJURY – means harm to a child’ psychological or
intellectual functioning which may be exhibited by severe anxiety, depression,
withdrawal or outward aggressive behavior
4) NEGLECT – means failure to provide, for reasons other than poverty, the basic
needs of the child, such as food, clothing, medical care, shelter and basic
education
5) SEXUAL ABUSE – includes the employment, use, inducement or coercion of a
child to engage in sexual intercourse or lascivious conduct; the molestation,
prostitution and or incest with children

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:

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

OBSCENE PUBLICATIONS AND INDECENT SHOWS

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

CHILDREN AS ZONES OF PEACE

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

IMPORTANT PROVISIONS OF RA 9208

RA 9208 – ANTI-TRAFFICKING IN PERSONS ACT OF 2003

- approved on 26 May 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

1) When the trafficked person is a child;

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2) 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;
3) 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

FORCED LABOR AND SLAVERY

- refers to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-
bondage or deception

SEX TOURISM
- refers to a program organized by travel and tourism related establishments
and individuals which consist of tourism packages or activities, utilizing and
offering escort and sexual services as enticement for tourists

PORNOGRAPHY
- refers to any representation, through publication, exhibition, cinematography,
indecent shows, information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any representation of
the sexual parts of a person for primarily sexual purposes

DEBT BONDAGE
- refers to pledging by the debtor of his or her personal services or labor or
those of a person under his or her control as security or payment for a debt,
when the length and nature of services are not clearly defined or when the
value of the services as reasonably assessed is not applied toward the
liquidation of debt

IMPORTANT PROVISIONS OF RA 9231

RA 9231 - the law prohibiting the worst forms of child labor

- amendatory law to RA 7160 and RA 7658
- amended the provisions of RA 7160 regarding working children
- approved on 19 December 2003

Children below fifteen (15) years of age shall not be employed, except:

1) When a child works directly under sole responsibility of his parents or legal
guardian and where only members of the employer’s family are employed
2) 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 (DOLE)

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- it is the duty of the employer to submit to the DOLE a report of all children
employed by him
- if a domestic is under sixteen (16) 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

WORK PERMIT OF WORKING CHILDREN

- it shall be the duty of the employer to secure permit from the DOLE of working
children employed by him

EMPLOYMENT CONTRACT OF WORKING CHILDREN

- the contract shall be signed by the working child’s parent or legal guardian,
with the express agreement of the child

WORKING HOURS

If the child is under 15:

- may work for maximum of four (4) hours a day, twenty (20) hours a week
- may work between six o’clock in the morning to eight o’clock in the evening
(6am to 8pm)

If the child is 15 but under 18:

- may work for maximum of eight (8) hours a day, forty (40) hours a week
- may work between six o’clock in the morning to ten o’clock in the evening
(6am to 10pm)

PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN

ADVERTISEMENTS
- no child shall be employed as a model in any advertisement directly or
indirectly promoting the following:
a) alcoholic beverages
b) intoxicating drinks
c) tobacco and cigarettes
d) gambling
e) any form of violence or pornography

IMPORTANT PROVISIONS OF RA 9262

RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF

2004
- approved on 8 March 2004

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

- refers to any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relations, or with whom he has a
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common child, or against her child, whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats
of such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty

PHYSICAL VIOLENCE
- refers to acts that include bodily or physical harm

SEXUAL VIOLENCE
- refers to an act which is sexual in nature, committed against a woman or her
child

PSYCHOLOGICAL VIOLENCE
- refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, and repeated
verbal abuse

ECONOMIC ABUSE
- refers to acts that make or attempt to make a woman financially dependent

BATTERY
- refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress

STALKING
- refers to an intentional act committed by a person who knowingly and without
lawful justification follows the woman or her child or places the woman or her
child under surveillance directly or indirectly

IMPORTANT PROVISIONS OF RA 9775

REPUBLIC ACT 9775 – the ANTI-CHILD PORNOGRAPHY ACT OF 2009

- approved on
- the law that amended the provisions of RA 7610 on obscene publications and
indecent shows
- it aims to protect every child from all forms of exploitation and abuse through the
use of a child in pornographic performances and materials and the inducement or
coercion of a child to engage or to be involved in pornography

CHILD PORNOGRAPHY
- refers to any representation, whether visual, audio or written combination thereof,
by electronic, mechanical, digital, optical, magnetic or any other means, of child
engaged or involved in real or simulated explicit sexual activities
SYNDICATED CHILD PORNOGRAPHY

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- committed if carried out by a group of three (3) or more persons conspiring or
confederating with one another

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