This Report is about basic knowledge of child laws in Philippines

Efforts By HFH Made By- Aditya Raj Singh Rathore

The Philippines, officially the Republic of the Philippines, is an archipelagic country in

Southeast Asia. Situated in the western Pacific Ocean, it consists of about 7,641 islands
that are broadly categorized under three main geographical divisions from north to
south: Luzon, Visayas, Mindanao. In this report we will discuss about 4 important laws
regards to children of Philippines that have changed a scenario in Philippines these
laws mainly give many rights like work timing, sexually exploitation, etc. These laws
were made to provide as basic security to all children of Philippines as these laws give
custody of child, give them right during armed situation and even protect them from a
disaster thing like pornography. In earlier times when these laws were not there children
of Philippines were exploited in many aspect as the age of marrying was 12 later
increased to 16, tourism for this country was mainly for pornography and this was
because very young age girls mainly of 12-18 that were virgin that were used in
prostitution and this was too much shameful for any country , children were given
hazardous work like with chemicals that can even kill them and also make them disable,
child custody after divorce was a very serious issue that was not codified and effect life
of children as when they didn’t good support from father and mother they can’t grow
well and can’ even think about it, waging was a serious issue for children as children
can’t work for whole day but before these laws they were forced to work whole day even
if they don’t want to do so. By making all these laws government of Philippines assured
the safety of children as there was a special need to focus on these laws. All this
combine make Philippine a better country for children from other Asian countries like
Bangladesh, Pakistan, etc. So we can say that these laws were much needed and now
also there is a need of some more important laws regarding child marriage age as 16 is
not a age when a girl is ready to marry so it should be increased and also a law
regarding education as not every child in Philippine is getting a proper education so now
we need to study all major four laws.

The Family Code Of the Philippines-

In this law we will study when divorce happens then who get custody of child Child
Custody is one of the consequences of parental authority. Parental authority includes
the right and duty of a parent to bring up a minor (below 18 years old) . The authority
can’t be renounced or transferred except in cases allowed by law .

Purpose of Enactment- The main purpose of framing this law was to give the
custody of child to the one who can afford and also keep total care of child . As for all
this mainly mother take all this charge but sometimes when mother is not capable or not
of that type to do so then only the custody goes to father. Keeping all this in mind this
law was framed at that time as divorce cases are rising now a days these things are
much needed to do so as they can give their judgement on this and also give fast
judgement. By this law now there is soo much clarity about work done after divorce as
there was no clarity about the role of the person’s after divorce and the child suffers with
many things after divorce as there is a total change in his/her life so for removing
hurdles and maintaining clarity about the child this law was framed.

Synopsis-Parental authority over minor children is jointly exercised by both parents.

Should there be any disagreement, the decision of the father shall prevail, unless there
is a judicial order to the contrary .The exercise of parental authority includes, among
others, the right to have custody over the minor children, the duty to support, educate
and instruct them by right precept and good example, provide for their upbringing in
keeping with their means, impose discipline on them as may be required under the
circumstances, as well as to represent them in all matters affecting their interest. Insofar
as legal guardianship over minor children is concerned, the same shall also be jointly
exercised by the father and the mother. There is no need to secure appointment from
the court given that the right is guaranteed by law. In case of disagreement, the father’s
decision shall also prevail, unless there is a judicial order to the contrary. Accordingly
,you and your husband share an equal right over the custody and guardianship of your
9-year-old son. Even if your husband signs an agreement allowing you to retain the sole
custody and guardianship over your daughter, such agreement will not prevent him from
invoking his right or deny him to exercise the very right guaranteed by our laws.
Furthermore, an agreement of this sort is void because parental authority and
responsibility over a minor child may not be renounced or transferred except in the
cases authorized by law (Article 210, FCP).

This holds true even if you and your husband have already been separated for two (2)
years. There is still a necessity for you to secure a lawful order from the court. The
Family Code of the Philippines provides: “In case of separation of the parents, parental
authority shall be exercised by the parent designated by the Court. The Court shall take
into account all relevant considerations, especially the choice of the child over seven
years of age, unless the parent chosen is unfit. No child under seven years of age shall
be separated from the mother unless the court finds compelling reasons to order
otherwise” (Article 210).We hope that we were able to answer your queries. Please be
reminded that this advice is based solely on the facts you have narrated and our
appreciation of the same.

Special protection of children against abuse, exploitation and discrimination

act-

This law was made for protection of child abuse and exploitation from hazardous work
in factories and also fix their age that is 15 so that below this age nobody can work in a
hazardous industries. This law provides security to the children of Philippines so that
they can't be overexploited. There are only some work that are permitted to the children
and also show the time of work in which they are not allowed to work so the time is is
between 10 p.m. and 6 a.m. for giving permission to work there must be a department
of labour and employment (DOLE). The child must be at least primary educated.

This Law Republic act no. 9231 gives almost all protections that should be given to a
child when they are used as labour this law diversifies their working hour their wages
salary their minimum education and also give them a ability to report all the cruelty that
are happening with them. It is hereby declared to be the policy of the State to provide
special protection to children from all forms of abuse, neglect, cruelty, exploitation and
discrimination, and other conditions prejudicial to their development including child labor
and its worst forms; provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse,
exploitation and discrimination. The State shall intervene on behalf of the child when the
parent, guardian, teacher or person having care or custody of the child fails or is unable
to protect the child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or person having
care and custody of the same.

Purpose of Enactment- There was a special need of this law as child abuse was
happening in a constant manner and was rising also by this law at least children are
protected by some extent so that they can be protected by all mis happenings that are
happening with them. This law at least provide them minimum working hours, wages,
relief, etc. as benefit this help in protecting them by helping them with regards all these
things. Now with the help of this law at least child believe that they have a basic
security.

Synopsis-The family courts shall have original jurisdiction over all cases involving
offenses punishable under this Act: Provided, That in cities or provinces where there are
no family courts yet, the regional trial courts and the municipal trial courts shall have
concurrent jurisdiction depending on the penalties prescribed for the offense charged.
Any person who violates the provision of Section 12-D of this act or the employer of the
subcontractor who employs, or the one who facilitates the employment of a child in
hazardous work, shall suffer the penalty of a fine of not less than One hundred
thousand pesos but not more than One million pesos , or imprisonment of not less than
twelve years and one day to twenty years, or both such fine and imprisonment at the
discretion of the court. Any person who violates Sections 12-D(1) and 12-D(2) shall be
prosecuted and penalized in accordance with the penalty provided for by R. A. 9208
otherwise known as the "Anti-trafficking in Persons Act of 2003" Provided, That Such
penalty shall be imposed in its maximum period.

Anti-Child Pornography Act 2009-

Republic Act 9775 This act Defines. child pattern or pornography in Philippines the state
recognizes the vital role of the youth in nation building and shall promote and protect
their physical, moral, spiritual, emotional, psychological and social well-being. The term
child defines by the age of 18 or over, but the main factor determining a child is that he
can’t. Take care of himself. Child pornography refers to any representation whether
visual, audio, or written combination thereof by electronic, mechanical, digital, optical, or
any other means, child, angled or involving real or simulated explicit Sex activities. This
law provides Almost equal protection to all child in Philippines. The punishment are
much harder in this Law. And thus, discourages to happen activities like these That are
very shameful for a society. There is hereby created a Congressional Oversight
Committee composed of five members from the Senate and five members from the
House of Representatives. The members from the Senate shall be appointed by the
Senate President based on proportional representation of the parties or coalition therein
with at least one member representing the Minority. The members from the House of
Representative shall be appointed by the Speaker, also based on proportional
representation of the parties or coalitions therein with the Chair of the House of
Committee on Welfare of Children and at least one member representing the Minority.
The Committee shall be headed by the respective Chairs of the Senate Committee on
Youth, Women and Family relations and the House of Representatives Committee on
Justice. The Secretariat of the Congressional Oversight Committee shall come from the
existing Secretariat personnel of the Committees of the Senate and the House of
Representatives concerned. The Committee shall monitor and ensure the effective
implementation of this Act, determine inherent weakness and loopholes in the law.
Recommend the necessary remedial legislator or administrative measures and perform
such other duties and functions as may be necessary to attain the objectives of this Act.

The main need of this law was from 2005, when there was There was too much of these
offenses happened in Philippines. But at that time the government. Couldn’t make these
types of Strict law but finally in 2009 they make a law regarding this and also give it so
much priority as it was needed. As their tourism industry came there only for these type
of things And when this happened, tourism industry was affected drastically But they
didn’t take a step back and focus on this and they Finally have done something well for
their society.
Purpose of Enactment- The main purpose of enactment of this law was to punish
them who just for fun use child as a porn star . They think that they can do anything with
money so that’s not true so for all this bad things this law was made to provide a
security to girls . This law ban child pornography and also impose a very high penalty on
it and also take a much amount of money from them and also punish them even if they
circulate child pornography things in the market. After this law child prostitution that was
going in a broad way in Philippines was abolished and now at least child are safe there
and can live proudly . By this law any illegal activities were abolished.

Synopsis-In cases when prosecution or trial is conducted behind closed doors, it shall
be unlawful for any editor, publisher and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and director
of a film in case of the movie industry, or any person utilizing the tri-media facilities or
information technology to publish or broadcast the names of the victims of any case of
child pornography. An interne content host who shall knowingly, willfully and
intentionally violate this provision shall be subject to the penalty provided under Section
15(j) of this Act: Provided, That the failure of the internet content host to remove any
form of child pornography within forty-eight hours from receiving the notice that any form
of child pornography is hitting its server shall be conclusive evidence of willful and
intentional violation thereof. lf internet service providers (ISPs) shall notify the Philippine
National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7)
days from obtaining facts and circumstances that any form of child pornography is being
committed using its server or facility. Nothing in this section may be construed to require
an ISP to engage in the monitoring of any user, subscriber or customer, or the content
of any communication of any such person: Provided, That no ISP shall be held civilly
liable for damages on account of any notice given in good faith in compliance with this
section.

Special Protection of Children in Situations of Armed Conflict Act 2019-

Republic act 11188 this law is fully implemented on the recommendation of United
nation convention on rights of the child ( UNCRC) . This act shall apply to all children
involved in a displace by armed conflict. Armed conflict refers to armed confrontations
auguring between the government forces and one or more Ram groups or between
such groups arising in the Philippine territory the shall include activities which may lead
to or undertaking armed confrontation or and violence that put children’s lives at risk
their rights violated. This law provides protection to all the affected children and women
from a war. This law provides security to children as it gives them basic rights that they
needed always. This law was made to protect child laws even when there is a armed
conflict o it punishes harder and gives child a basic security that they are not harmed by
taking advantage of a situation like no child rights will not be there.

The need of this law was there because UN bodies were recommending and then finally
government on one day made it and this gives child at least this gives them basic
assurity of their rights . This law is part of the Philippines’ compliance with international
obligations including the UN CRC, particularly the Optional Protocol on the Involvement
of Children in Armed Conflict, the International Covenant on Civil and Political Rights,
the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, and various UN Security Council resolutions related to children affected by
armed conflict. Among the prohibited acts in the new law include killing, torture,
intentional maiming, rape, abduction, recruitment of children into government armed
forces and other armed groups, ham letting , food blockade, arbitrary detention, and
denial of humanitarian access. The age of protection from these enumerated grave child
rights violations under the new law, including recruitment into armed groups and
government forces, covers all minors or those below 18 years of age. Penalties go up to
life imprisonment and a fine amounting to PHP5 million.

Purpose of Enactment- The new law declares children as “zones of peace,” aimed
at protecting children in situations of armed conflict from all forms of abuse and violence
and prosecute persons or groups violating the measure. A report published by the
Office of the Special Representative of the UN Secretary-General for Children and
Armed Conflict in 2018 revealed that there was a significant increase in the number of
grave violations against children in situations of armed conflict in 2017, including 30
cases of recruitment and use of children by armed groups (a large number of which
were linked to the Maute group), the detention of 12 children for their alleged
association with armed groups, 33 verified cases of killing and maiming, 3 cases of rape
in the context of the Marawi siege, 60 attacks on schools and hospitals (a substantial
increase from 12 recorded cases in 2016), and 5 incidents of abduction. In 2017,
UNICEF and the Moro Islamic Liberation Front (MILF) completed the UN-MILF Action
Plan to end recruitment and use of children, with 1,869 children disengaged from the
MILF’s armed forces. The disengagement of these children facilitated their rights to
health, education and protection. UNICEF continues to follow the situation of these
children, as well as their siblings, making family visits and facilitating their access to
essential services. “The passage of this law is timely especially since we are celebrating
the 30th anniversary of the UN Convention on the Rights of the Child (CRC), the most
widely ratified treaty in the world. Children are innocent, they should not be in any way
used as combatants and helpers, or become collateral damage,” UNICEF Philippines
Representative Lotta Sylwander says. The new law is part of the Philippines’
compliance with international obligations including the UN CRC, particularly the
Optional Protocol on the Involvement of Children in Armed Conflict, the International
Covenant on Civil and Political Rights, the Convention Against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment, and various UN Security Council
resolutions related to children affected by armed conflict. Among the prohibited acts in
the new law include killing, torture, intentional maiming, rape, abduction, recruitment of
children into government armed forces and other armed groups, hamletting, food
blockade, arbitrary detention, and denial of humanitarian access. The age of protection
from these enumerated grave child rights violations under the new law, including
recruitment into armed groups and government forces, covers all minors or those below
18 years of age. Penalties go up to life imprisonment and a fine amounting to PHP5
million. The new law is also celebrated for its progressive and gender-sensitive
provisions which includes guarantees of access to education of girls even in situations
of armed conflict as well as access to reproductive health services.

Synopsis-On 10 January 2010, the President of the Philippines signed the Special
Protection of Children in Situations of Armed Conflict Act into law. The Law’s
Implementing Regulations (IRR) were adopted in May 2019. Recognizing the vulnerable
status of children, especially those in situations of armed conflict, the law declares
children as “Zones of Peace” and mandates State to provide them special protection.
The law applies to all children involved in, affected by or displaced by armed conflict
(Section 3); and armed conflict is defined under Section 4(c) as non-international armed
conflict (meaning that the law does not appear to apply in situations of IAC.

Section 5 defines a child as a person below 18 years old or a person above that age but
unable to fully take care or protect one’s self due to physical or mental disability.

Section 7 enumerates the rights of children in situations of armed conflict (CSAC), the
most significant of which is the right to be treated as victims. Section 8 specifies the
measures the State is to take to prevent the recruitment, re-recruitment, use,
displacement of, or grave child rights violations against children involved in armed
conflict. Section 9 enumerates prohibited (criminal) acts and penalties, including acts
like killing, torture and cruel and inhumane treatment against children, recruitment of
children. Section 23 directs the State to take all feasible measures to ensure the
demobilization or release of children who are recruited or used in armed conflict, either
by the government or armed groups. Section 28 of the Act provides for dismissal of
criminal cases against children involved in armed conflict, and their immediate referral
to the social welfare authorities for rehabilitation and reintegration programs. Section 31
provides for the retroactive application of the law to persons who have been convicted
or serving sentence at the time of the effectivity of the Act but who were below 18 at the
time of the commission of the offense.