Social Case Study Report Philippines Postal Code


 




This web page contains the full text of
Presidential Decree No. 603
December 10, 1974
THE CHILD AND YOUTH WELFARE CODE
 
December 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 II
CHILD AND YOUTH WELFARE AND THE HOME
Chapter 1
PARENTAL AUTHORITY
Section A. In General
 
Art. 17. Joint Parental Authority. - The father and mother shall exercise jointly just and reasonable parental authority and responsibility over their legitimate or adopted children. In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary.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 2
RIGHTS OF PARENTS
 
Art. 43. Primary Right of Parents. - The parents shall have the right to the company of their children and, in relation to all other persons or institutions dealing with the child's development, the primary right and obligation to provide for their upbringing.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 3
DUTIES OF PARENTS
 
Art. 46. General Duties. - Parents shall have the following general duties toward their children:

    (1) To give him affection, companionship and understanding;

    (2) To extend to him the benefits of moral guidance, self-discipline and religious instruction;

    (3) To supervise his activities, including his recreation;

    (4) To inculcate in him the value of industry, thrift and self-reliance;

    (5) To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to his country;

    (6) To advise him properly on any matter affecting his development and

    well-being;

    (7) To always set a good example;

    (8) To provide him with adequate support, as defined in Article 290 of the Civil Code; and

    (9) To administer his property, if any, according to his best interests, subject to the provisions of Article 320 of the Civil Code.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 4
LIABILITIES 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 5
ASSISTANCE 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 6
FOSTER - 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 ANDEDUCATION
Chapter 1
ACCESS TO EDUCATIONAL OPPORTUNITIES
 
Art. 71. Admission to Schools. - The state shall see to it that no child is refused admission in public schools. All parents are required to enroll their children in schools to complete, at least, an elementary education.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 II
THE HOME AND THE SCHOOL
 
Art. 76. Role of the Home. - The home shall fully support the school in the implementation of the total school program - curricular 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 III
MISCELLANEOUS
 
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 THECHURCH
 
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 THECOMMUNITY
Chapter I
DUTIES 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 2
COMMUNITY BODIES DEALING WITH CHILD WELFARE
Section. 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:

Republic of the Philippines 
Supreme Court 
Manila 

A.M. NO. 03-02-05-SC
[MAY 01, 2003]
 

RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS

R E S O L U T I O N

Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed Rule on Guardianship of Minors, the Court Resolved to APPROVE the same.

The Rule shall take effect on May 1, 2003 following its publication in a newspaper of general circulation not later than April 15, 2003.chan robles virtual law library

April 1, 2003.

Davide, Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Moralez,Callejo Sr., Azcuna, JJ., concur

   
   
RULE ON GUARDIANSHIP OF MINORS

Section 1. Applicability of the Rule. – This Rule shall apply to petitions for guardianship over the person or property, or both, of a minor.chan robles virtual law library

The father and the mother shall jointly exercise legal guardianship over the person and property of their unemancipated common child without the necessity of a court appointment. In such case, this Rule shall be suppletory to the provisions of the Family Code on guardianship.cralaw

Sec. 2. Who may petition for appointment of guardian. – On grounds authorized by law, any relative or other person on behalf of a minor, or the minor himself if fourteen years of age or over, may petition the Family Court for the appointment of a general guardian over the person or property, or both, of such minor. The petition may also be filed by the Secretary of Social Welfare and Development and by the Secretary of Health in the case of an insane minor who needs to be hospitalized.chan robles virtual law library

Sec. 3. Where to file petition. – A petition for guardianship over the person or property, or both, of a minor may be filed in the Family Court of the province or city where the minor actually resides. If he resides in a foreign country, the petition shall be flied with the Family Court of the province or city where his property or any part thereof is situated.cralaw

Sec. 4. Grounds of petition. - The grounds for the appointment of a guardian over the person or property, or both, of a minor are the following:chanroblesvirtuallawlibrary

(a) death, continued absence, or incapacity of his parents;

(b) suspension, deprivation or termination of parental authority;chan robles virtual law library

(c) remarriage of his surviving parent, if the latter Is found unsuitable to exercise parental authority; or

(d) when the best interests of the minor so require.cralaw

Sec. 5. Qualifications of guardians. – In appointing a guardian, the court shall consider the guardian’s:chanroblesvirtuallawlibrary

(a) moral character;chan robles virtual law library

(b) physical, mental and psychological condition;

(c) financial status;

(d) relationship of trust with the minor;chan robles virtual law library

(e) availability to exercise the powers and duties of a guardian for the full period of the guardianship;

(f) lack of conflict of interest with the minor; and cralaw

(g) ability to manage the property of the minor.cralaw

Sec. 6. Who may be appointed guardian of the person or property, or both, of a minor. – In default of parents or a court-appointed guardian, the court may appoint a guardian of the person or property, or both, of a minor, observing as far as practicable, the following order of preference:chanroblesvirtuallawlibrary

(a) the surviving grandparent and In case several grandparents survive, the court shall select any of them taking Into account all relevant considerations;

(b) the oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified;

(c) the actual custodian of the minor over twenty-one years of age, unless unfit or disqualified; and cralaw

(d) any other person, who in the sound discretion of the court, would serve the best interests of the minor.cralaw

Sec. 7. Contents of petition. – A petition for the appointment of a general guardian must allege the following:chanroblesvirtuallawlibrary

(a) The jurisdictional facts;

(b)  The name, age and residence of the prospective ward;chan robles virtual law library

(c)  The ground rendering the appointment necessary or convenient;chan robles virtual law library

(d) The death of the parents of the minor or the termination, deprivation or suspension of their parental authority;

(e) The remarriage of the minor’s surviving parent;

(f) The names, ages, and residences of relatives within the 4th civil degree of the minor, and of persons having him in their care and custody;

(g) The probable value, character and location of the property of the minor; and cralaw

(h) The name, age and residence of the person for whom letters of guardianship are prayed.cralaw

The petition shall be verified and accompanied by a certification against forum shopping. However, no defect in the petition or verification shall render void the issuance of letters of guardianship.

Sec. 8. Time and notice of hearing. – When a petition for the appointment of a general guardian is filed, the court shall fix a time and place for its hearing, and shall cause reasonable notice to be given to the persons mentioned in the petition, including the minor if he is fourteen years of age or over, and may direct other general or special notice to be given.cralaw

Sec. 9. Case study report. – The court shall order a social worker to conduct a case study of the minor and all the prospective guardians and submit his report and recommendation to the court for its guidance before the scheduled hearing. The social worker may intervene on behalf of the minor if he finds that the petition for guardianship should be denied.chan robles virtual law library

Sec. 10. Opposition to petition. – Any interested person may contest the petition by filing a written opposition based on such grounds as the majority of the minor or the unsuitability of the person for whom letters are prayed, and pray that the petition be denied, or that letters of guardianship issue to himself, or to any suitable person named in the opposition.cralaw

Sec. 11. Hearing and order for letters to issue. – At the hearing of the petition, it must be shown that the requirement of notice has been complied with. The prospective ward shall be presented to the court. The court shall hear the evidence of the parties in support of their respective allegations. If warranted, the court shall appoint a suitable guardian of the person or property, or both, of the minor.chan robles virtual law library

At the discretion of the court, the hearing on guardianship may be closed to the public and the records of the case shall not be released without its approval.cralaw

Sec. 12. When and how a guardian of the property for non-resident minor is appointed; notice. – When the minor resides outside the Philippines but has property in the Philippines, any relative or friend of such minor, or any one interested in his property, in expectancy or otherwise, may petition the Family Court for the appointment of a guardian over the property.cralaw

Notice of hearing of the petition shall be given to the minor by publication or any other means as the court may deem proper. The court may dispense with the presence of the non-resident minor.cralaw

If after hearing the court is satisfied that such non-resident is a minor and a guardian is necessary or convenient, it may appoint a guardian over his property.chan robles virtual law library

Sec. 13. Service of final and executory judgment or order. – The final and executory judgment or order shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the Register of Deeds of the place where his property or part thereof is situated shall annotate the same in the corresponding title, and report to the court his compliance within fifteen days from receipt of the order.cralaw

Sec. 14. Bond of guardian; amount; conditions. - Before he enters upon the execution of his trust, or letters of guardianship issue, an appointed guardian may be required to post a bond in such sum as the court shall determine and conditioned as follows:chanroblesvirtuallawlibrary

(a)     To make and return to the court, within three months after the issuance of his letters of guardianship, a true and complete Inventory of all the property, real and personal, of his ward which shall come to his possession or knowledge or to the possession or knowledge of any other person in his behalf;

(b)     To faithfully execute the duties of his trust, to manage and dispose of the property according to this rule for the best interests of the ward, and to provide for his proper care, custody and education;

(c)     To render a true and Just account of all the property of the ward in his hands, and of all proceeds or interest derived therefrom, and of the management and disposition of the same, at the time designated by this rule and such other times as the court directs; and at the expiration of his trust, to settle his accounts with the court and deliver and pay over all the property, effects, and monies remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto; andchan robles virtual law library

(d)     To perform all orders of the court and such other duties as may be required by law.cralaw

Sec. 15. Where to file the bond; action thereon. – The bond posted by a guardian shall be filed in the Family Court and, In case of breach of any of its conditions, the guardian may be prosecuted in the same proceeding for the benefit of the ward or of any other person legally interested in the property.

Whenever necessary, the court may require the guardian to post a new bond and may discharge from further liability the sureties on the old bond after due notice to interested persons, if no injury may result therefrom to those interested in the property.chan robles virtual law library

Sec. 16. Bond of parents as guardians of property of minor. – If the market value of the property or the annual Income of the child exceeds P50,000.00, the parent concerned shall furnish a bond In such amount as the court may determine, but in no case less than ten per centurn of the value of such property or annual income, to guarantee the performance of the obligations prescribed for general guardians.cralaw

A verified petition for approval of the bond shall be flied in the Family Court of the place where the child resides or, if the child resides in a foreign country, in the Family Court of the place where the property or any part thereof is situated.cralaw

The petition shall be docketed as a summary special proceeding In which all incidents and issues regarding the performance of the obligations of a general guardian shall be heard and resolved.chan robles virtual law library

Sec. 17. General duties of guardian. – A guardian shall have the care and custody of the person of his ward and the management of his property, or only the management of his property. The guardian of the property of a nonresident minor shall have the management of all his property within the Philippines.cralaw

A guardian shall perform the following duties:chanroblesvirtuallawlibrary

(a) To pay the just debts of the ward out of the personal property and the income of the real property of the ward, If the same is sufficient; otherwise, out of the real property of the ward upon obtaining an order for its sale or encumbrance;

(b) To settle all accounts of his ward, and demand, sue for, receive all debts due him, or may, with the approval of the court, compound for the same and give discharges to the debtor on receiving a fair and just dividend of the property and effects; and to appear for and represent the ward in all actions and special proceedings, unless another person is appointed for that purpose;

(c) To manage the property of the ward frugally and without waste, and apply the income and profits thereon, insofar as may be necessary, to the comfortable and suitable maintenance of the ward; and if such income and profits be insufficient for that purpose, to sell or encumber the real or personal property, upon being authorized by the court to do so;

(d) To consent to a partition of real or personal property owned by the ward jointly or in common with others upon authority granted by the court after hearing, notice to relatives of the ward, and a careful investigation as to the necessity and propriety of the proposed action;

(e) To submit to the court a verified inventory of the property of his ward within three months after his appointment, and annually thereafter, the rendition of which may be required upon the application of an interested person;chan robles virtual law library

(f) To report to the court any property of the ward not included in the inventory which is discovered, or succeeded to, or acquired by the ward within three months after such discovery, succession, or acquisition; and cralaw

(g) To render to the court for its approval an accounting of the property one year from his appointment, and every year thereafter or as often as may be required.cralaw

Sec. 18. Power and duty of the court – The court may:chan robles virtual law library

(a)  Request the assistance of one or more commissioners in the appraisal of the property of the ward reported in the initial and subsequent inventories;

(b)  Authorize reimbursement to the guardian, other than a parent, of reasonable expenses incurred in the execution of his trust, and allow payment of compensation for his services as the court may deem just, not exceeding ten per centum of the net income of the ward, if any; otherwise, in such amount the court determines to be a reasonable compensation for his services; and cralaw

(c) Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the property at the ward, require any person suspected of having embezzled, concealed, or disposed of any money, goods or interest, or a written instrument belonging to the ward or his property to appear for examination concerning any thereof and issue such orders as would secure the property against such embezzlement, concealment or conveyance.cralaw

Sec. 19. Petition to sell or encumber property. - When the income of a property under guardianship is insufficient to maintain and educate the ward, or when it is for his benefit that his personal or real property or any part thereof be sold, mortgaged or otherwise encumbered, and the proceeds invested in safe and productive security, or in the improvement or security of other real property, the guardian may file a verified petition setting forth such facts, and praying that an order issue authorizing the sale or encumbrance of the property.chan robles virtual law library

Sec. 20. Order to show cause. – If the sale or encumbrance is necessary or would be beneficial to the ward, the court shall order his next of kin and all person/s interested in the property to appear at a reasonable time and place therein specified and show cause why the petition should not be granted.cralaw

Sec. 21. Hearing on return of order; costs. – At the time and place designated in the order to show cause, the court shall hear the allegations and evidence of the petitioner and next of kin, and other persons interested, together with their witnesses, and grant or deny the petition as the best interests of the ward may require.cralaw

Sec. 22. Contents of order for sale or encumbrance and its duration; bond. – If, after full examination, it is necessary, or would be beneficial to the ward, to sell or encumber the property, or some portion of it, the court shall order such sale or encumbrance the proceeds of which shall be expended for the maintenance or the education of the ward, or invested as the circumstances may require. The order shall specify the grounds for the sale or encumbrance and may direct that the property ordered sold be disposed of at public sale, subject to such conditions as to the time and manner of payment, and security where a part of the payment is deferred. The original bond of the guardian shall stand as security for the proper appropriation of the proceeds of the sale or encumbrance, but the court may, if deemed expedient, require an additional bond as a condition for the sale or encumbrance. The authority to sell or encumber shall not extend beyond one year, unless renewed by the court.chan robles virtual law library

Sec. 23. Court may order investment of proceeds and direct management of property. – The court may authorize and require the guardian to invest the proceeds of sales or encumbrances, and any other money of his ward in his hands, in real or personal property, for the best interests of the ward, and may make such other orders for the management, investment, and disposition of the property and effects, as circumstances may warrant.cralaw

Sec. 24. Grounds for removal or resignation of guardian. – When a guardian becomes insane or otherwise incapable of discharging his trust or is found thereafter to be unsuitable, or has wasted or mismanaged the property of the ward, or has failed to render an account or make a return for thirty days after it is due, the court may, upon reasonable notice to the guardian, remove him as such and require him to surrender the property of the ward to the person found to be lawfully entitled thereto.cralaw

The court may allow the guardian to resign for justifiable causes.cralaw

Upon the removal or resignation of the guardian, the court shall appoint a new one.chan robles virtual law library

No motion for removal or resignation shall be granted unless the guardian has submitted the proper accounting of the property of the ward and the court has approved the same.cralaw

Sec. 25. Ground for termination of guardianship. – The court motu proprio or upon verified motion of any person allowed to file a petition for guardianship may terminate the guardianship on the ground that the ward has come of age or has died. The guardian shall notify the court of such fact within ten days of its occurrence.cralaw

Sec. 26. Service of final and executory judgment or order. – The final and executory judgment or order shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the Register of Deeds of the province or city where his property or any part thereof is situated. Both the Local Civil Registrar and’ the Register of Deeds shall enter the final and executory judgment or order in the appropriate books in their offices.cralaw

Sec. 27. Effect of the rule. – This Rule amends Rules 92 to 97 inclusive of the Rules of Court on guardianship of minors. Guardianship of incompetents who are not minors shall continue to be under the jurisdiction of the regular courts and governed by the Rules of Court.chan robles virtual law library

Sec. 28. Effectivity. -  This Rule shall take effect on May 1, 2003 following its publication in a newspaper of general circulation not later than April 15, 2003.

chan robles virtual law library
 

chan robles virtual law library

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