IMPORTANT PROVISIONS OF PD 603 in case of absence or death of both parents, substitute

parental authority shall be given to the following, in order of

priority:
PD 603 – THE CHILD AND YOUTH WELFARE CODE grandparents
approved on 10 December 1974 oldest brother or sister at least 21 years of age
effectivity date is 10 June 1975 (six months after approval) relative who has actual custody of the child/guardian duly
shall apply to persons under eighteen (18) years of age appointed by the court

PARENTAL AUTHORITY (PATRIA POTESTAS) COMMENCEMENT OF CIVIL PERSONALITY

the sum total of the rights of the parents over the person and the CIVIL PERSONALITY of the child shall commence from the
property of their child MOMENT OF CONCEPTION

the exercise of which has no distinction between a legitimate

and an illegitimate child CONCEPTION
the father and the mother shall exercise jointly just and the start of life
reasonable parental authority and responsibility over their
legitimate or adopted children the union of the sperm cell and the egg cell

in case of death of either parent, the surviving parent shall also called the process of fertilization
exercise sole parental authority

in case of disagreement, the father’s decision shall prevail

unless there is a judicial order to the contrary CIVIL PERSONALITY

pertains to the identity and recognition of an individual as

person having rights
PARENTAL RESPONSIBILITY
shall commence from the moment of conception, thus all
the sum total of the duties and obligations of parents over children shall have the right to be born and the right to live
their minor children

ABORTION
LIABILITIES OF PARENTS
the expulsion of the fetus from the mother’s womb
parents and guardians are responsible for the damage or
injury caused by the child under their parental authority
KINDS OF ABORTION

LEGAL CUSTODY

in case of separation of parents, no child under SEVEN (7) CRIMINAL ABORTION

YEARS OF AGE shall be separated from his mother unless the classified as intentional or unintentional as provided by the
court decides otherwise Revised Penal Code

punishable by law
GUARDIANSHIP

a trust relation of the most sacred character, in which one THERAPEUTIC ABORTION
person, called a guardian, acts for another, called a ward,
regarded as incapable of managing his own affairs recommended and performed by a certified physician when
there are health risks and complications

not punishable by law

SUBSTITUTE PARENTAL AUTHORITY

CATEGORIES OF CHILDREN
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
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
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:
physical neglect
Malnourishment, untidy and damaged clothing, no shelter
emotional neglect
maltreated, raped, seduced, abused, exploited, made to work
under conditions not conducive to good health or placed in
moral and physical danger
MENTALLY-RETARDED
socially incompetent, socially inadequate, occupationally
incompetent and unable to manage their own affairs
mentally sub-normal
retarded intellectually from birth or early age
retarded at maturity
mentally deficient as a result of constitutional origin through
heredity or disease
essentially incurable
PHYSICALLY-HANDICAPPED
crippled, deaf-mute, blind and other conditions which restrict
their means of action or communication with others
EMOTIONALLY-DISTURBED
those who, although not afflicted with insanity or mental
defect, are unable to maintain normal social relations with
others and the community in general due to emotional
problems or complexes
may be caused by traumatic experiences
MENTALLY-ILL
those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require
professional help or hospitalization
DISABLED
includes mentally-retarded, physically-handicapped,
emotionally-disturbed and mentally-ill children
IMPORTANT PROVISIONS OF THE LAWS ON ADOPTION
ADOPTION
an act by which relations of paternity and filiations are
recognized as legally existing between persons not so related
by nature
the taking into one’s family of the child of another, as son or
daughter and heir, and conferring on it a title to the rights and
privileges of such
FILIATION
the acknowledgment of the father of his relationship with the
child
also called paternity
BIOLOGICAL CHILD
natural-born child of the parents
ADOPTED CHILD
a child who underwent the judicial process of adoption
FOUNDLING
refers to a deserted or abandoned infant or child whose
parents, guardian or relatives are unknown
RA 8552 – DOMESTIC ADOPTION ACT OF 1998
approved on 25 February 1998
ADOPTER
the person adopting or petitioning for the adoption of a child
ADOPTEE
the child or person being petitioned for adoption
CHILD LEGALLY AVAILABLE FOR ADOPTION
a child who has been voluntarily or involuntarily committed to
the DSWD or to a duly licensed and accredited child-placing
or child-caring agency, freed of the parental authority of his or
her biological parents or guardians or adopter, in case of
rescission
refers to a child in whose favor a certification was issued by
the DSWD that he or she is legally available for adoption after
the fact of abandonment or neglect has been proven through
the submission of pertinent documents, or one who was
voluntarily committed by his or her parents or legal guardian
(RA 9523)
VOLUNTARILY-COMMITTED CHILD
one whose parents or legal guardian knowingly and
willingfully relinquished parental authority to the DSWD or
any duly accredited child-placement or child caring agency or
institution
CHILD-CARING AGENCY OR INSTITUTION
refers to a private non-profit or government agency duly
accredited by the DSWD that provides twenty-four (24) hour
residential care services for abandoned, neglected, or
voluntarily committed children (RA 9523)
CHILD-PLACING AGENCY OR INSTITUTION
refers to a private non-profit institution or government
agency duly accredited by the DSWD that receives and
processes applicants to become foster or adoptive parents
and facilitate placement of children eligible for foster care or
adoption
WHO MAY ADOPT:
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
any alien possessing the same qualifications as that of a
Filipino citizen, who has been living in the Philippines for at
least three (3) consecutive years, and whose country has
diplomatic relations with the Philippines
WHO MAY ADOPTED:
any person below eighteen (18) years of age judicially
declared available for adoption
the legitimate son or daughter of one spouse by the other
spouse
an illegitimate son or daughter by a qualified adopter to
improve his or her status to that of legitimacy
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
a child whose adoption has been previously rescinded
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
repeated physical and verbal maltreatment by the adopter
despite having undergone counseling
attempt on the life of the adoptee
sexual assault or violence
abandonment and failure to comply with parental obligations
RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995
approved on 7 June 1995
INTER-COUNTRY ADOPTION
the socio-legal process of adopting a Filipino child by a
foreigner or a Filipino citizen permanently residing abroad
where the petition is filed, the supervised trial custody is
undertaken and the decree of adoption is issued outside the
Philippines
INTER-COUNTRY ADOPTION BOARD
acts as the central authority in matters relating to inter-
country adoption
shall act as the policy-making body for purposes of carrying
out the provisions of RA 8043, in consultation and
coordination with the DSWD
headed by the Secretary of the DSWD as ex officio chairman
and six (6) members to be appointed by the President, with a
term of office of six (6) years
WHO MAY ADOPT:
any alien or a Filipino citizen permanently residing abroad
at least twenty-seven (27) years of age
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
coming from a country with whom the Philippines has
diplomatic relations
possesses all the qualifications provided in other applicable
Philippine laws
WHERE TO FILE APPLICATION
shall be filed either with:
the Philippine Regional Trial Court; or
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
CRUELTY – refers to any word or deed which debases,
degrades or demeans the intrinsic worth and dignity of the
child as human being
PHYSICAL INJURY – includes but is not limited to lacerations,
fractured bones, burns, internal injuries, severe injuries, or
serious bodily harm suffered by a child
PSYCHOLOGICAL INJURY – means harm to a child’
psychological or intellectual functioning which may be
exhibited by severe anxiety, depression, withdrawal or
outward aggressive behavior
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
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:
those who engage in or promote, facilitate or induce child
prostitution, such as:
those acting as procurer of a child prostitute
parents, guardians, or relatives who knowingly allow or
coerce their children or ward into prostitution
those who commit the act of sexual intercourse or lascivious
conduct with a child exploited in child prostitution, such as:
clients of child prostitutes
those who derive profit or advantage there from, such as:
managers or owners of the establishment where the
prostitution takes place
OBSCENE PUBLICATIONS AND INDECENT SHOWS
the use, hiring, employment and coercing of children as
performers, actors or models for obscene exhibitions and
indecent shows, whether live or in video, or in printed
pornographic materials
CHILDREN AS ZONES OF PEACE
children shall not be the object of attack in situations of
armed conflict
they shall be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading treatment
children shall not be recruited to become members of the
Armed Forces of the Philippines of its civilian units, nor be
allowed to take part in the fighting, or used as guides,
couriers or spies
children shall be given priority during evacuation as a result of
armed conflict
IMPORTANT PROVISIONS OF RA 9208
RA 9208 – ANTI-TRAFFICKING IN PERSONS ACT OF 2003
approved on 26 May 2003
TRAFFICKING IN PERSONS
the recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victim’s consent or
knowledge within or across national borders by means of
threat or use of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or prostitution, taking
advantage of the vulnerability of the person, or giving or
receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or
the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs
the recruitment, transportation, transfer, harboring or receipt
of a child for the purpose of exploitation shall also be
considered as “trafficking in person” even if it does not
involve any of the means set forth in the preceding paragraph
QUALIFIED TRAFFICKING IN PERSON
When the trafficked person is a child;
When the adoption is effected through RA 8043 and said
adoption is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
When the offender is an ascendant, parent, sibling, guardian
or a person who exercised authority over the trafficked
person or when the offense is committed by a public officer or
employee
FORCED LABOR AND SLAVERY
refers to the extraction of work or services from any person
by means of enticement, violence, intimidation or threat, use
of force or coercion, including deprivation of freedom, abuse
of authority or moral ascendancy, debt-bondage or deception
SEX TOURISM
refers to a program organized by travel and tourism related
establishments and individuals which consist of tourism
packages or activities, utilizing and offering escort and sexual WORK PERMIT OF WORKING CHILDREN
services as enticement for tourists
it shall be the duty of the employer to secure permit from the
DOLE of working children employed by him

PORNOGRAPHY

refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or
by whatever means, of a person engaged in real or simulated
explicit sexual activities or any representation of the sexual
parts of a person for primarily sexual purposes
EMPLOYMENT CONTRACT OF WORKING CHILDREN
the contract shall be signed by the working child’s parent or
legal guardian, with the express agreement of the child

WORKING HOURS
DEBT BONDAGE

refers to pledging by the debtor of his or her personal services If the child is under 15:
or labor or those of a person under his or her control as
security or payment for a debt, when the length and nature of may work for maximum of four (4) hours a day, twenty (20)
services are not clearly defined or when the value of the hours a week
services as reasonably assessed is not applied toward the
liquidation of debt may work between six o’clock in the morning to eight o’clock
in the evening (6am to 8pm)

IMPORTANT PROVISIONS OF RA 9231

If the child is 15 but under 18:

may work for maximum of eight (8) hours a day, forty (40)
RA 9231 - the law prohibiting the worst forms of child hours a week
labor
may work between six o’clock in the morning to ten o’clock in
amendatory law to RA 7160 and RA 7658 the evening (6am to 10pm)

amended the provisions of RA 7160 regarding working

children
PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN
approved on 19 December 2003 CERTAIN ADVERTISEMENTS

no child shall be employed as a model in any advertisement

directly or indirectly promoting the following:
Children below fifteen (15) years of age shall not be
employed, except: alcoholic beverages

intoxicating drinks

When a child works directly under sole responsibility of his tobacco and cigarettes
parents or legal guardian and where only members of the
employer’s family are employed gambling

Where a child’s employment or participation in public any form of violence or pornography

entertainment or information through cinema, theatre, radio
or television is essential, with the approval of the Department
of Labor and Employment (DOLE) IMPORTANT PROVISIONS OF RA 9262

it is the duty of the employer to submit to the DOLE a report

of all children employed by him
RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR
if a domestic is under sixteen (16) years of age, the head of CHILDREN ACT OF 2004
the family shall give him or her an opportunity to complete at
approved on 8 March 2004
least elementary education, the cost of which shall be a part
of the domestic’s compensation

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

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

PHYSICAL VIOLENCE

refers to acts that include bodily or physical harm

SEXUAL VIOLENCE

refers to an act which is sexual in nature, committed against a

woman or her child

PSYCHOLOGICAL VIOLENCE

refers to acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public
ridicule or humiliation, and repeated verbal abuse

ECONOMIC ABUSE

refers to acts that make or attempt to make a woman

financially dependent

BATTERY

refers to an act of inflicting physical harm upon the woman or

her child resulting to the physical and psychological or
emotional distress

STALKING

refers to an intentional act committed by a person who

knowingly and without lawful justification follows the woman
or her child or places the woman or her child under
surveillance directly or indirectly