Title
Powers for Child Care Institutions
Law
Act No. 3094
Decision Date
Mar 16, 1923
A Philippine law grants specific powers to institutions responsible for the care of orphaned, homeless, neglected, or abused children, including the authority to receive, care for, educate, and arrange for adoption of surrendered children, while prohibiting their unauthorized departure from the institution.

Termination of Parental Rights and Custody by Institutions

  • Upon lawful surrender and acceptance of a child, the natural parents' or guardian's rights over the child cease.
  • The institution or society gains full custody and control during the child's minority.
  • The institution may provide care, education, training, and may place the child temporarily or for adoption.
  • The institution is authorized to consent to adoption in accordance with Philippine law, prioritizing the child's welfare.

Prohibition on Unauthorized Removal of Children

  • It is unlawful for a child surrendered under this law to leave the custody of the institution without just cause.
  • No person may induce or attempt to induce such child to leave the institution.
  • Violators face imprisonment up to one year and/or fines up to two thousand pesos.
  • Foreigners violating this provision may also be subject to deportation pending recommendation.
  • This section is to be interpreted considering the institution’s custodial rights affirmed in Section 2.

Court Powers to Protect Abandoned or Neglected Children

  • The Court of First Instance may intervene when a child is orphaned, abandoned, neglected, or subjected to maltreatment, inability to support, vagrancy, or illegal conduct.
  • Upon petition by reputable residents or charitable associations, the court issues an order to show cause why a child should not be removed from parental custody.
  • If allegations are proven true and child’s best interest is affirmed, the court may remove the child and commit it to a suitable institution for care and adoption or other placement.
  • Such institutions operate under general supervision of the Public Welfare Commissioner and approval of the Secretary of the Interior.
  • No surety bond is required for committing a child under these circumstances.
  • Regular reports on the conditions of children in care must be provided to the Secretary of the Interior.

Effectivity

  • The Act takes effect immediately upon approval.

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