IMPORTANT PROVISIONS OF PD 603
ensuring the well-being and
PD 603 – THE CHILD AND YOUTH
WELFARE CODE
- approved on 10 December 1974
- effectivity date is 10 June 1975
(six months after approval)
- shall apply to persons under
eighteen (18) years of age
- RA 10630, law that amend RA
9344
This decree is a comprehensive
piece of legislation that aims to promote and
protect the rights and welfare of children
and youth in the Philippines. PD 603
recognizes that children and youth are vital
resources of the nation and deserve special
care, protection, and assistance.
PARENTAL AUTHORITY (PATRIA
POTESTAS)
- the sum total of the rights of the
parents over the person and
property of their child
- the exercise of which has no
distinction between a legitimate
and an illegitimate child
- the father and the mother shall
exercise jointly just and
reasonable parental authority
and responsibility over their
legitimate or adopted children
- in case of death of either parent,
the surviving parent shall
exercise sole parental authority
- in case of disagreement, the
father’s decision shall prevail
unless there is a judicial order to
the contrary
PARENTAL RESPONSIBILITY
- Parental responsibility refers to
the legal and moral obligations
that parents have towards their
children. It encompasses a wide
range of duties and
responsibilities aimed at
proper upbringing of their
offspring. These responsibilities
typically include providing for the
basic needs of children, such as
food, shelter, and clothing, as
well as ensuring access to
education and healthcare.
- Parents are also responsible for
nurturing their children’s
emotional and social
development, imparting values,
and guiding them towards
becoming responsible and
productive members of society
moreover, parental responsibility
involves protecting children from
harm and making decisions in
their best interests, especially in
matters of custody, visitation,
and important life choices. It is a
fundamental aspect of parenting
that carries both legal and ethical
weight, emphasizing the
importance of a stable and
supportive environment for
children to thrive and grow into
well-rounded individuals.
- the sum total of the duties and
obligations of parents over their
minor children.
LIABILITIES OF PARENTS
- parents and guardians are
responsible for the damage or
injury caused by the child under
their parental authority
- The liabilities of parents are the
legal and moral obligations they
bear for the actions and well-
being of their children. Legally,
parents can be held liable for the
misconduct or harm caused by
their children, especially if they
fail to exercise reasonable
 supervision and control. This
liability may extend to property
damage, personal injury, or
criminal acts committed by their
minors furthermore, parents are
typically financially responsible
for their children's basic needs.
Including food, clothing, and
shelter, which may result in legal
obligations such as child support,
morally, parents have a and welfare.
responsibility to provide
emotional support, guidance,
and a nurturing environment to
promote their children’s physical
emotional, and social
development. Neglecting these
responsibilities can lead to
emotional and psychological
consequences for the child and
may even result in legal
intervention, such as child
protective services becoming
involved.
LIABILITIES OF PARENTS
TORTS
Parents and guardians are
responsible for the damage caused by the
child under their parental authority in
accordance with the civil code.
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.
(2) Abandons the child under such
circumstances as to deprive him of
the love, care and protection he
needs.
(3) Sells or abandons the child to
another person for valuable
consideration.
(4) Neglects the child by not giving him
the education which the family’s
station in life and financial conditions
permit.
(5) Fails or refuses, without justifiable
grounds, to enroll the child as
required by article 72.
(6) Causes, abates, or permits the
truancy of the child from the school
where he is enrolled.
(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
(8) Inflicts cruel and unusual
punishment upon the child or
deliberately subjects him to
indignations and other excessive
chastisement that embarrass or
humiliate him.
(9) Causes or encourages the child to
lead an immoral or dissolute life.
(10) permits the child to possess, handle
or carry a deadly weapon, regardless of
its ownership.
(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.
LEGAL CUSTODY
- in case of separation of parents,
no child under SEVEN (7)
YEARS OF AGE shall be
separated from his mother
unless the court decides
otherwise
In the Philippines, legal custody of a
child below 7 years old is typically granted
to the mother, provided that she is not
deemed unfit or disqualified by the court this
principle is based on article 213 of the
family code of the Philippines, which states
that "no child under seven years of age shall
be separated from the mother, unless the
court finds compelling reasons to order
otherwise." this legal provision is rooted in
the belief that a child of such a young age is
best cared for and nurtured by the mother,
given her natural bond and ability to provide
for the child's physical and emotional needs.
However, it’s important to note that
this provision does not automatically
exclude fathers or other guardians from
having legal custody of a child below 7
years old. The court may grant custody to
the father or another suitable guardian if
there are compelling reasons, such as the
mother being unfit or incapable of providing
proper care, or if it is in the child’s best
interest to be placed under a different
guardian’s care.
Ultimately custody decisions in the
Philippines, even for children below 7 years
old, are made by the court, taking into
consideration the child’s welfare and best
interests, and any relevant evidence and
circumstances presented during legal
proceedings. It’s advisable for parents to
seek legal counsel to navigate the
complexities of child custody matters in the
Philippines.
GUARDIANSHIP
- a trust relation of the most
sacred character, in which one
person, called a guardian, acts
for another, called a ward,
regarded as incapable of
managing his own affairs
- Guardianship in the Philippines
is a legal arrangement that
grants a person the authority and
responsibility to care for and
make decisions on behalf of
someone who is incapable of
taking care of themselves, such
as a minor or an incapacitated
individual the need for
guardianship often arises when
parents are unable to fulfill their
parenting duties, when a child is
orphaned, or when an adult is
declared legally incapacitated
due to physical or mental
disability.
- Guardianship proceedings in the
Philippines are typically
governed by the family code and
other relevant laws, to establish
guardianship an interested party
must file a petition with the
appropriate court, seeking the
appointment of a guardian the
court will then evaluate the
circumstances and make a
determination based on the best
interests of the ward (the
individual in need of a guardian).
- It’s important to note that
guardianship can be temporary
or permanent, depending on the
specific circumstances of the
case temporary guardianship
may be granted in situations
where the ward’s incapacity or
need for assistance is expected
to be temporary, such as in
cases of illness or temporary
absence of parents. Permanent
guardianship is typically granted
in situations where the ward’s
incapacity is expected to be
long-term or permanent.
SUBSTITUTE PARENTAL AUTHORITY
- in case of absence or death of
both parents, substitute parental
authority shall be given to the
following, in order of priority:
1) grandparents
2) oldest brother or sister at
least 21 years of age
3) relative who has actual
custody of the
child/guardian duly
appointed by the court
COMMENCEMENT OF CIVIL
PERSONALITY
- the CIVIL PERSONALITY of the
child shall commence from the
MOMENT OF CONCEPTION
 In the Philippines, the
commencement of civil personality is a legal
concept that marks the beginning of an
individual’s legal existence and rights as a
person. This concept is primarily defined
and governed by the civil code of the
Philippines civil personality begins at birth
and encompasses several important
aspects:
At the moment of birth, when a child
is completely delivered from the mother’s
womb, their civil personality is deemed to
have commenced. This means that from
that point forward, the child is recognized as
a legal entity with certain rights and
responsibilities these rights include the right
to a name, the right to inherit property, and
the capacity to enter into contracts and
transactions, subject to limitations based on
age and mental capacity.
Birth registration plays a crucial role
confirming and formalizing an in individual’s
civil personality. It is a legal requirement in
the Philippines to register a child’s birth with
the local civil registrar within a specific
period after birth. This registration not only
establishes the child’s identity but also
enables them to enjoy the full range of
rights and privileges associated with their
civil personality.
CONCEPTION
- the start of life
- the union of the sperm cell and
the egg cell
- also called the process of
fertilization
Conception, in the context of human
reproduction, is the pivotal moment when a
sperm cell from a male successfully
fertilizes an egg cell from a female, resulting
in the formation of a zygote. This
remarkable biological process typically
occurs in the fallopian tubes of the female
reproductive system. Conception marks the
initiation of a new human life, as the
combination of genetic material from both
parents forms a unique set of DNA,
determining the individual's inherited traits
and characteristics.
CIVIL PERSONALITY
- pertains to the identity and
recognition of an individual as
person having rights.
- shall commence from the
moment of conception, thus all
children shall have the right to be
born and the right to live.
- Civil personality, also known as
legal personality or legal
capacity, is a fundamental
concept in the field of law that
pertains to the recognition of
individuals, organizations or
entities as having certain rights
and responsibilities within a legal
framework it is the foundation
upon which legal relationships
and transactions are built in
essence civil personality grants
entities the ability to act, own
property enter into contracts, and
be subject to legal obligations
and liabilities.
ABORTION
- the expulsion of the fetus from
the mother’s womb
- Abortion in the Philippines is a
highly controversial and sensitive
issue due to the country’s strong
cultural and religious influences,
primarily from the roman catholic
church. The Philippines has one
of the most restrictive abortion
laws in the world, with abortion
being illegal under most
circumstances. The 1987
Philippine constitution
recognizes the sanctity of life
from conception, which serves
as the legal basis for these
stringent restrictions.
 - As a result the termination of a
pregnancy is only allowed to
save the life of the pregnant
woman, and even then, access
to safe and legal abortion
services can be extremely
limited.
- The restrictive legal framework
has led to significant public
health concerns, as many
women in the Philippines resort
to unsafe and clandestine
abortion procedures, putting their
lives at risk. These unsafe
practices often result in maternal
morbidity and mortality. The lack
of access to safe abortion
services also disproportionately
affects marginalized
communities and low-income
individuals who cannot afford
private healthcare options.
KINDS OF ABORTION
1) CRIMINAL ABORTION
- classified as intentional or
unintentional as provided by the
Revised Penal Code Art. 256(-
any person who shall
intentionally cause an abortion
shall suffer: the penalty of
reclusion temporal, if he shall
use any violence upon the
person of the pregnant woman)
the penalty of prision mayor if,
without using violence, he shall
act without the consent of
woman.
- punishable by law
2) THERAPEUTIC ABORTION
- recommended and performed by
a certified physician when there
are health risks and
complications
- not punishable by law
In what ways is the crime of intentional
abortion committed?
• Using any violence upon the person of the
pregnant woman
• By administering drugs or beverages upon
such pregnant woman without her consent
• By administering drugs or beverages with
the consent of the pregnant woman
CATEGORIES OF CHILDREN
1) DEPENDENT
- one who is without a parent,
guardian or custodian, or whose
parents, guardian or other
custodian for good cause desire
to be relieved of his care and
custody and is dependent upon
the public for support
2) ABANDONED
- one who had no proper parental
care or guardianship or whose
parents or guardians have
deserted him for a period of at
least six consecutive months (PD
603)
- refers to a child who has no
proper parental care or
guardianship, or whose parents
have deserted him or her for a
period of at least three (3)
continuous months (RA 9523
3) NEGLECTED
- one whose basic needs have
been deliberately unattended or
inadequately attended
- a child is unattended when left
by himself without provision for
his needs and without proper
supervision
- neglect may occur in two ways:
a) physical neglect
o Malnourishment, untidy and
damaged clothing, no shelter
b) emotional neglect
o maltreated, raped, seduced,
abused, exploited, made to
 work under conditions not SPECIAL CLASSIFICATION OF CHILD
conducive to good health or “BOARD QUESTION”
placed in moral and physical
danger A. Mentally retarded (socially
incompetent, inadequate)
4) MENTALLY-RETARDED 1. Custodial (IQ 25)
- socially incompetent, socially 2. Trainable (25-50)
inadequate, occupationally ¼ or average child
incompetent and unable to 3. Educable (50-75)
manage their own affairs ½ to ¼ (up to 5-6 g)
- mentally sub-normal 4. Borderline or low
- retarded intellectually from birth normal (75 to
or early age about 89) requires
- retarded at maturity some extra help
- mentally deficient as a result of 5. Idiot – one whose
constitutional origin through mental condition is
heredity or disease liken to a person 2
- essentially incurable years old below.
6. Imbecile – those
whose mental
5) PHYSICALLY-HANDICAPPED
condition is similar
- crippled, deaf-mute, blind and
to that of age 2 to 7
other conditions which restrict
years old.
their means of action or
7. Moron – one whose
communication with others
mental condition is
similar to that of
6) EMOTIONALLY-DISTURBED
seven years of age
- those who, although not afflicted
below.
with insanity or mental defect,
are unable to maintain normal
social relations with others and B. MENTALLY ILL
the community in general due to (BEHAVIORAL DISORDER)
emotional problems or FOR O
complexes (FUNCTIONAL/ORGANIC
- may be caused by traumatic
experiences C. EMOTIONALLY
DISTURBED (SUICIDAL)
7) MENTALLY-ILL D. PHYSICALLY
- those with any behavioral HANDICAPPED (CRIPPLED,
disorder, whether functional or DEAF- MUTE, BLIND ETC.)
organic, which is of such a DISABLED: MENTALLY –
degree of severity as to require MENTALLY RETARDED
professional help or PHYSICALLY-
hospitalization HANDICAPPED

8) DISABLED Full Scale Intelligence Quotient (FSIQ)

- includes mentally-retarded,
physically-handicapped,  Classifies overall intellectual
emotionally-disturbed and ability within a range
mentally-ill children
 Extremely Low (<60)

 Borderline (70-79)
 Low Average (80-89)
 Average (90-109)
 High Average (110-119)
 Superior (120-129)
 Very Superior (>130)
IMPORTANT PROVISIONS OF THE LAWS
ON ADOPTION
RA 8552
ADOPTION
- an act by which relations of
paternity and filiations are
recognized as legally existing
between persons not so related
by nature
- the taking into one’s family of the
child of another, as son or
daughter and heir, and
conferring on it a title to the
rights and privileges of such
FILIATION
- the acknowledgment of the
father of his relationship with the
child
- also called paternity
BIOLOGICAL CHILD
- natural-born child of the parents
ADOPTED CHILD
- a child who underwent the
judicial process of adoption
FOUNDLING
- refers to a deserted or
abandoned infant or child whose
parents, guardian or relatives are
unknown
RA 8552 – DOMESTIC ADOPTION ACT
OF 1998
- passed date is on Feb 13, 1998
- approved on 25 February 1998
- signed by Fidel V. Ramos
ADOPTER
- the person adopting or
petitioning for the adoption of a
child
ADOPTEE
- the child or person being
petitioned for adoption
CHILD LEGALLY AVAILABLE FOR
ADOPTION
- a child who has been voluntarily
or involuntarily committed to the
DSWD or to a duly licensed and
accredited child-placing or child-
caring agency, freed of the
parental authority of his or her
biological parents or guardians
or adopter, in case of rescission
- refers to a child in whose favor a
certification was issued by the
DSWD that he or she is legally
available for adoption after the
fact of abandonment or neglect
has been proven through the
submission of pertinent
documents, or one who was
voluntarily committed by his or
her parents or legal guardian
(RA 9523)
VOLUNTARILY-COMMITTED CHILD
- one whose parents or legal
guardian knowingly and willing
fully relinquished parental
authority to the DSWD or any
duly accredited child-placement
or child caring agency or
institution
INVOLUNTARY-COMMITTED CHILD /
INVOLUNTARY COMMITMENT OF THE
CHILD
- When the need of the child is
being neglected
 - The DSWD found that the best
interest of the child is neglected
- is one whose parent(s), known or
unknown, has been permanently
and judicially deprived
parental authority due
abandonment; substantial,
continuous, or repeated neglect;
abuse; or incompetence to
discharge parental
responsibilities.
CHILD-CARING AGENCY OR
INSTITUTION
- refers to a private non-profit or
government agency duly
accredited by the DSWD that
provides twenty-four (24) hour
residential care services for
abandoned, neglected, or
voluntarily committed children
(RA 9523)
CHILD-PLACING AGENCY OR
INSTITUTION
- refers to a private non-profit
institution or government agency
duly accredited by the DSWD
that receives and processes
applicants to become foster or
adoptive parents and facilitate
placement of children eligible for
foster care or adoption
WHO MAY ADOPT:
1) any Filipino citizen of legal age at
least sixteen (16) years older than
the adoptee unless the adopter is
the biological parent of the adoptee,
or is the spouse of the adoptee’s
biological parent
2) any alien possessing the same
qualifications as that of a Filipino
citizen, who has been living in the
Philippines for at least three (3)
consecutive years, and whose
country has diplomatic relations with
the Philippines
3) the guardian respect to the ward
WHO MAY ADOPTED:
1) any person below eighteen (18)
years of age judicially declared
available for adoption
of 2) the legitimate son or daughter of one
to spouse by the other spouse
3) an illegitimate son or daughter by a
qualified adopter to improve his or
her status to that of legitimacy
4) a person of legal age if prior to the
adoption, said person has been
consistently considered and treated
by the adopter as his or her own
child since minority
5) a child whose adoption has been
previously rescinded
6) a child whose biological or adoptive
parents has died, but proceedings
may only be initiated after six (6)
months from the time of the death of
the parents
SUPERVISED TRIAL CUSTODY
- a period of time within which a
social worker oversees the
adjustment and emotional
readiness of both adopter and
adoptee in stabilizing their filial
relationship
- the period is at least six (6)
months
RESCISSION OF ADOPTION
- the nullification of the adoption
- adoption shall not be subject to
rescission by the adopter
GROUNDS FOR RESCISSION OF
ADOPTION
1) repeated physical and verbal
maltreatment by the adopter despite
having undergone counseling
2) attempt on the life of the adoptee
3) sexual assault or violence
4) abandonment and failure to comply
with parental obligations
SIMULATION OF BIRTH
 - is the tampering of the civil
registry making it appear in the
birth records
that a certain child was born to a
person who is not his/her
biological mother, causing such
child to lose his/her true identity
and status.
RA 8043 – INTER-COUNTRY ADOPTION
ACT OF 1995
- approved on 7 June 1995
INTER-COUNTRY ADOPTION
- the socio-legal process of
adopting a Filipino child by a
foreigner or a Filipino citizen
permanently residing abroad
where the petition is filed, the
supervised trial custody is
undertaken and the decree of
adoption is issued outside the
Philippines
MATCHING – judicious pairing of the
adopted child and the applicant
INTER-COUNTRY ADOPTION BOARD
- acts as the central authority in
matters relating to inter-country
adoption
- shall act as the policy-making
body for purposes of carrying out
the provisions of RA 8043, in
consultation and coordination
with the DSWD
- headed by the Secretary of the
DSWD as ex officio chairman
and six (6) members to be
appointed by the President, with
a term of office of six (6) years
WHO MAY ADOPT:
1) any alien or a Filipino citizen
permanently residing abroad
2) at least twenty-seven (27) years of
age
3) at least sixteen (16) years older than
the adoptee unless the adopter is
the parent by nature of the adoptee
or the spouse of such parent
4) coming from a country with whom
the Philippines has diplomatic
relations
5) possesses all the qualifications
provided in other applicable
Philippine laws
SEC. 9. Who May Adopt. — Any alien or a
Filipino citizen permanently residing abroad
may file an application for inter-country
adoption of a Filipino child if he/she:
1. Is at least twenty-seven (27) years
of age and at least sixteen (16)
years older than the child to be
adopted, at the time of application
unless the adoptor is the parent by
nature of the child to be adopted or
the spouse of such parent;
2. If married, his/her spouse must
jointly file for the adoption;
3. Has the capacity to act and assume
all rights and responsibilities of
parental authority under his national
laws, and has undergone the
appropriate counseling from an
accredited counselor in his/her
country;
4. Has not been convicted of a crime
involving moral turpitude;
5. Is eligible to adopt under his/her
national law;
6. Is in a position to provide the proper
care and support and to give the
necessary moral values and
example to all his children, including
the child to be adopted;
7. Agrees to uphold the basic rights of
the child as embodied under
Philippine laws, the U.N.
Convention on the Rights of the
Child, and to abide by the rules and
regulations issued to implement the
provisions of this Act;
8. Comes from a country with whom
the Philippines has diplomatic
relations and whose government
maintains a similarly authorized and
accredited agency and that adoption
 is allowed under his/her national
laws; and
9. Possesses all the qualifications and
none of the disqualifications
provided herein and in other
applicable Philippine laws.
WHERE TO FILE APPLICATION
- shall be filed either with:
a) the Philippine Regional Trial
Court; or
b) the Inter-Country Adoption
Board, through an
intermediate agency in the
country of the prospective
adoptive parents
SUPERVISED TRIAL CUSTODY
- shall be at least six (6) months
IMPORTANT PROVISIONS OF RA 9523
RA 9523 – the law giving DSWD the sole
authority to issue the certification
declaring a child legally available for
adoption
- amended provisions of RA 8552
and RA 8043
- approved on 12 March 2009
IMPORTANT PROVISIONS OF RA 7610
RA 7610 – SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION
ACT
- approved on 17 June 1992
- this law is also commonly
referred to as the Anti-Child
Abuse Act
RA 7658 – amendatory law to RA 7610
- approved on 9 November 1993
- this law amended the provisions
of RA 7610 regarding working
children
- this law was further amended by
RA 9231
CHILD ABUSE
- refers to maltreatment, whether
habitual or not, of the child
FORMS OF CHILD ABUSE
1) CRUELTY – refers to any word or
deed which debases, degrades or
demeans the intrinsic worth and
dignity of the child as human being
2) PHYSICAL INJURY – includes but
is not limited to lacerations, fractured
bones, burns, internal injuries,
severe injuries, or serious bodily
harm suffered by a child
3) PSYCHOLOGICAL INJURY –
means harm to a child’ psychological
or intellectual functioning which may
be exhibited by severe anxiety,
depression, withdrawal or outward
aggressive behavior
4) NEGLECT – means failure to
provide, for reasons other than
poverty, the basic needs of the child,
such as food, clothing, medical care,
shelter and basic education
5) SEXUAL ABUSE – includes the
employment, use, inducement or
coercion of a child to engage in
sexual intercourse or lascivious
conduct; the molestation, prostitution
and or incest with children
CHILD PROSTITUTION
- exploitation of children, whether
male or female, by coercing
them into indulging in sexual
intercourse or lascivious conduct
for money, profit or any other
consideration
WHO ARE CRIMINALLY LIABLE FOR
CHILD PROSTITUTION:
1) those who engage in or promote,
facilitate or induce child prostitution,
such as:
a) those acting as procurer of a
child prostitute
b) parents, guardians, or relatives
who knowingly allow or coerce
their children or ward into
prostitution
 2) those who commit the act of sexual
intercourse or lascivious conduct
with a child exploited in child
prostitution, such as:
a) clients of child prostitutes
3) those who derive profit or advantage
there from, such as:
a) managers or owners of the
establishment where the
prostitution takes place

OBSCENE PUBLICATIONS AND

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

CHILDREN AS ZONES OF PEACE

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

RA 9208 anti trafficking in persons act of 1992