TITLE IX:PARENTAL AUTHORITY (FAMILY CODE OF THE PHILIPPINES)

CHAPTER 5: Suspension or Termination of Parental Authority

 Article 228
- Parental Authority terminates permanently:
 (1) Upon the death of the parents;
 (2) Upon the death of the Child; or
 (3) Upon emancipation of the Child.
 Article 229
- Unless subsequently revived by a final judgement, parental authority also
terminate;
 (1) Upon adaption of the Child;
 (2) Upon appointment of a general guardian;
 (3) Upon judicial declaration of abandonment of the child in case filed for the
purpose;
 (4) Upon the final judgement of a competent court divesting the party concerned
of parental authority; or
 (5) Upon judicial declaration of absence
or incapacity of the person exercising parental authority.
 Article 230
- Parental Authority iis suspended upon conviction of the parent or the person
exercising the same of a crime which carries with it the penalty civil interdiction.
 Article 231
- The court in an action filed for the purpose or in a related case may also
suspend parental authority of the parent or the person exercising the same:
 1) Treats the child with excessive harshness
or cruelty;
 (2) Gives the child corrupting orders, counsel or example;
 (3) Compels the child to beg; or
 (4) Subjects the child or allows him to be subjected to acts of lasciviousness.
 Article 232
- If the person exercising the Parental Authority has subjected the child or allowed him
to be subjected to sexual abuse, such person shall be permanently deprived by the
court of such authority.
 Article 233
- The person exercising substitute parental authority shall have the same authority over
the person of the child as parents.
- In no case shall the school administrator, teacher or individual engaged in child care
and exercising special parental authority, inflict corporal punishment upon the child.
Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (RA 7610)
Who are considered Children?
• Children - persons below 18 years of age or those over but are unable to to fully
take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or
condition.
What is the Rationale of RA 7610?
To give protection to persons below 18 years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, cruelty and
exploitation.
Offenses Against Children under RA 7610
1. Child Prostitution and other sexual abuse
2. Attempt to commit child prostitution
3. Child Trafficking
 4. Attempt to commit child trafficking
5. Child pornography and indecent shows and publication
6. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child’s Development
Other Acts of Abuse
Any person who shall keep or have in his company a minor, twelve 12 years or under or
who is 10 years or more his junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension, house, sauna or massage parlor, beach and or other
tourist resort or similar places.
Any person who shall use, coerce, force or intimidate a street child or any other child to:
Beg or use begging as means of living
Act as conduit or middleman in drug trafficking or pushing
Conduct any illegal activities
Physical Abuse
The inflicting of physical injury upon a child. This may include, burning, hitting,
punching, shaking, kicking, beating, or otherwise harming a child. The parent or
caretaker may not have intended to hurt the child, the injury is not an accident. It may,
however, been the result of over-discipline or physical punishment that is inappropriate
to the child’s age.
Psychological/Emotional Abuse
• also known as: verbal abuse, mental abuse, andpsychological maltreatment
• Includes acts or the failures to act by parents or caretakers that have caused or
could cause, serious behavioral, cognitive, emotional, or mental disorders
• Constantly blaming or putting down a child; excessive yelling, shaming
Neglect
• the withdrawal of or failure to provide a child with the basic necessities for
physical growth and development. This can include inappropriate clothing for
the weather, unhealthy food or no food at all, lack of supervision, denial of
medical care to a sick or injured child or denial of love and affection.
Reporting
• A person who learns of facts or circumstances that gives rise to the belief that a
child has suffered abuse may report the same, either orally or in writing, to the
Department, Police or any other law enforcement agency or to the BCPC.

R.A. 10630, amending R.A. 9344

“An Act Strengthening the Juvenile Justice System in the Philippines”
Child Exempt from Criminal Responsibility
A child fifteen (15) years of age or under at the time of the commission of the
offense.
A child is deemed to be fifteen (15) years of age on the day of the fifteenth
anniversary of his/her birthdate.
A child above fifteen (15) years but below eighteen (18) years of age.
Such child shall be subjected to an intervention program. But, if he/she acted with
discernment, he/she shall be subjected to appropriate proceedings.
Note: Exemption from criminal liability does not include
exemption from civil liability
Process for taking into custody child below the age of criminal responsibility

Composition of the Juvenile Justice and Welfare Council (JJWC)

representatives of the following or departments or agencies, whose ranks shall not be

lower than director:
1) Department of Justice (DOJ)
2) Department of Social Welfare and Development (DSWD)
3) Council for the Welfare of Children (CWC)
4) Department of Education (DepEd)
5) Department of the Interior and Local Government (DILG)
6) Commission on Human Rights (CHR)
7) National Youth Commission (NYC)
8) Two (2) representatives from NGOs, designated by the Secretary of Social
Welfare and Development, selected based on the criteria established by the
Council
9) Department of Health (DOH)
10)One(1) representative each from the Leagues of Provinces, Cities,
Municipalities, and Barangays