QuestionsQuestions (PRESIDENTIAL DECREE NO. 603)
The Code declares that the child is one of the most important assets of the nation; efforts should promote the child’s welfare and enhance opportunities for a useful and happy life, with character molding beginning at home.
It refers to persons below twenty-one (21) years of age, except those emancipated in accordance with law.
All children are entitled to the rights in the Code without distinction as to legitimacy/illegitimacy, sex, social status, religion, political antecedents, and other factors.
Civil personality of the child commences from the time of conception for all purposes favorable to the child, subject to the requirements of Article 41 of the Civil Code.
Abortion of a conceived child, whether intentional or not, is governed by the pertinent provisions of the Revised Penal Code.
Birth records are strictly confidential; information may be issued only upon request by: the person himself or authorized representative; spouse/parents/direct descendants/guardian or institution legally in charge if the person is a minor; the court or proper public official when absolutely necessary in proceedings to determine identity/parentage; and in case of death, the nearest of kin. Violation penalizes imprisonment of at least two months or a fine not exceeding ₱500, or both.
The child’s welfare is the paramount consideration in all questions regarding the child.
Father and mother exercise jointly just and reasonable parental authority over legitimate or adopted children; in case of disagreement, the father’s decision prevails unless there is a judicial order to the contrary.
No child under five (5) years of age shall be separated from the mother unless the court finds compelling reasons.
The adopter must be at least fifteen (15) years older than the person to be adopted.
Any person of age and in full possession of civil rights, provided he is able to support and care for the legitimate, legitimated, acknowledged natural children, other natural children by legal fiction, or other illegitimate children consistent with the family’s means.
Examples: (1) a married person without written consent of the spouse; (2) a guardian with respect to the ward prior to final approval of accounts; (3) one convicted of a crime involving moral turpitude; (4) an alien disqualified by his own country’s laws or one with which PH has broken diplomatic relations.
Written consent is required from: (1) the person to be adopted if 14 years old or over; (2) the natural parents or legal guardian of the child, or the Department of Social Welfare or duly licensed child placement agency in whose care the child may be; and (3) the natural children (of the adopting parents) who are 14 years and above.
No petition may be granted unless the Department of Social Welfare (or Social Work and Counselling Division in certain courts) conducts a case study of: the child to be adopted, the natural parents, and the prospective adopting parents, and submits a report and recommendations; the Department must intervene to deny if it finds the petition should be denied.
No adoption petition shall be finally granted unless the adopting parents are given supervised trial custody of at least six (6) months. During trial custody, parental authority is vested in the adopting parents; the court may reduce/dispense if in the child’s best interests and must state reasons.
Adoption gives the adopted child the same rights/duties as a legitimate child of the adopter (subject to the citizenship proviso), dissolves parental authority of natural parents except when adopter is spouse of surviving natural parent, entitles use of adopter’s surname, and makes the adopted person a legal heir of the adopter with stated limitations on succession where legitimate parents/ascendants and an adopted person exist.
Criminal liability attaches to parents/guardians who, among others, conceal/abandon the child to make him lose civil status, abandon/neglect to deprive needed care, sell/abandon for consideration, fail to enroll as required, cause/permit truancy, exploit the child for begging, inflict cruel/unusual punishment, cause/encourage immoral life, permit possession/handling/carrying deadly weapons, or allow child to drive without proper license (with presumptions if vehicle belongs to parent). Penalty: imprisonment of two to six months or fine not exceeding ₱500, or both, unless higher penalties exist under the Revised Penal Code or special laws, without prejudice to involuntary commitment under Title VIII.