Child and Youth Welfare Code

Policy and declared principles

The Code declares that the Child is one of the most important assets of the nation, and the State must promote the child’s welfare and enhance opportunities for a useful and happy life (Article 1).
The Code recognizes that the child is not merely a State object and that the child’s individual traits and aptitudes must be cultivated in a way that does not conflict with general welfare (Article 1).
The Code emphasizes that molding of character starts at the home, and every family member must strive to make the home wholesome and harmonious (Article 1).
The Code provides that parents’ natural right and duty to train children for civic efficiency must receive government aid and support (Article 1).
The Code requires that other institutions—school, church, guild, and community—assist the home and the State to prepare the child for adult responsibilities (Article 1).
The Code establishes the guiding standard that the child’s welfare is paramount in questions involving the child’s custody, education, and property (Article 8).

Definitions and age rules

The Code defines “Child”, “minor”, or “youth” as persons below twenty-one years of age, except those emancipated in accordance with law (Article 2).
The child’s civil personality commences from the time of conception, for all purposes favorable to the child, subject to Article 41 of the Civil Code (Article 5).

Rights and responsibilities of children

Every child is entitled to the rights under the Code without distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors (Article 3).
Every child has the right to be born well and is endowed with the dignity and worth of a human being from the moment of conception, as generally accepted in medical parlance (Article 3).
Every child has the right to a wholesome family life with love, care, understanding, guidance, counseling, and moral and material security; dependent or abandoned children must be provided with the nearest substitute for a home (Article 3).
Every child has the right to well-rounded development of personality to become a happy, useful, and active member of society (Article 3).
Every child is entitled to specific protections and opportunities according to special needs, including:
- Gifted children: opportunity and encouragement to develop special talents (Article 3).
- Emotionally disturbed or socially maladjusted children: treatment with sympathy and understanding and entitlement to competent care (Article 3).
- Physically or mentally handicapped children: treatment, education, and care required by condition (Article 3).
Every child has the right to basic physical requirements of health: balanced diet, adequate clothing, sufficient shelter, proper medical attention, and other basic needs (Article 3).
Every child has the right to be brought up in an atmosphere of morality and rectitude (Article 3).
Every child has the right to education commensurate with abilities and to development of skills for service to self and fellowmen (Article 3).
Every child has the right to safe and wholesome recreation and activities for the wholesome use of leisure (Article 3).
Every child has the right to protection against exploitation, improper influences, hazards, and other prejudicial conditions affecting physical, mental, emotional, social, and moral development (Article 3).
Every child has the right to an environment free from pernicious influences and conducive to health and cultivation of desirable traits (Article 3).
Every child has the right to care, assistance, and protection of the State, particularly when parents or guardians fail or cannot provide fundamental needs for growth and improvement (Article 3).
Every child has the right to an efficient and honest government that deepens faith in democracy and inspires morality in public and private life of constituted authorities (Article 3).
Every child has the right to grow up as a free individual in peace, understanding, tolerance, universal brotherhood, and with determination to contribute to building a better world (Article 3).
Every child must strive to lead an upright and virtuous life, respecting religion, elders, mentors, and a clean conscience (Article 4).
Every child must love, respect, and obey parents and cooperate in strengthening the family (Article 4).
Every child must extend love, thoughtfulness, and helpfulness to siblings to keep the family harmonious and united (Article 4).
Every child must exert utmost effort to develop potentialities for service, especially through formal education suited to abilities (Article 4).
Every child must respect customs and traditions, memory of heroes, duly constituted authorities, laws, and institutions of democracy (Article 4).
Every child must participate actively in civic affairs and promote general welfare, recognizing that youth will discharge future leadership responsibilities (Article 4).
Every child must help observe individual human rights, strengthen freedom, foster cooperation among nations, and further world peace (Article 4).

Non-disclosure of birth records

Birth records must be kept strictly confidential (Article 7).
Information relating to birth records shall be issued only upon request of:
- the person himself or any person authorized by him;
- the person’s spouse, parent(s), direct descendants, or guardian or institution legally in charge if the person is a minor;
- the court or proper public official whenever absolutely necessary in administrative, judicial, or other official proceedings to determine the identity of the child’s parents or other circumstances surrounding birth;
- in case of the person’s death, the nearest of kin (Article 7).
Any person violating the confidentiality prohibition suffers imprisonment of at least two months or a fine not exceeding five hundred pesos, or both, at the discretion of the court (Article 7).

Levels of growth and developmental protection

The Code requires adequate care, assistance, and guidance through levels of growth: infancy to early and later childhood, to puberty and adolescence, and when necessary even after age 21 (Article 9).
The Code requires special protection and opportunities to ensure fullest development physically, mentally, emotionally, morally, spiritually, and socially in a healthy and normal manner with freedom and dignity appropriate to developmental stage (Article 10).
The Code mandates that promotion of the child’s health begins with adequate pre-natal and post-natal care for both the child and mother, and requires appropriate measures to insure normal total development (Article 11).
Health, welfare, and educational entities must assist parents in looking after the child’s health (Article 11).
Schools and entities engaged in non-formal education must assist parents in providing the best education for the child (Article 12).
Steps must be taken to ensure the child’s healthy social and emotional growth through home collaboration with schools and other child welfare agencies (Article 13).
High moral principles must be instilled in the child, particularly in the home, school, and church (Article 14).
The State is encouraged to promote the child’s spiritual well-being according to the child’s religion, as much as possible (Article 15).
The civic conscience of the child must not be overlooked, and the child must be brought up in an atmosphere of universal understanding, tolerance, friendship, helpfulness, and full consciousness of responsibilities as a society member (Article 16).

Parental authority, guardianship, and custody

The father and mother exercise joint parental authority and responsibility over legitimate or adopted children (Article 17).
In case of disagreement between parents, the father’s decision prevails unless there is a judicial order to the contrary (Article 17).
If either parent is absent or dead, the present or surviving parent continues parental authority unless the surviving parent remarries and the court, for justifiable reasons, appoints another person as guardian (Article 17).
In case of separation of parents, no child under five years of age shall be separated from the mother unless the court finds compelling reasons (Article 17).
Grandparents must be consulted on important family questions but must not interfere with parental authority (Article 18).
In case of absence or death of both parents, parental authority is exercised by:
- grandparents; or in their default,
- the oldest brother or sister at least eighteen years of age; or
- the relative who has actual custody,
  unless a guardian is appointed under the Code in accordance with Civil Code provisions referenced in Article 20 (Article 19).
The court may appoint a guardian for the person and property of the child upon petition of a relative or friend of the family or the Department of Social Welfare in the situations covered by Arts. 328 to 332 of the Civil Code (Article 20).
A dependent, abandoned, or neglected child is placed under parental authority of a suitable or accredited person or institution caring for the child, after the child has been declared abandoned by either the court or the Department of Social Welfare (Article 21).
A dependent, abandoned, or neglected child may be transferred to the care of the Department of Social Welfare or a duly licensed child-caring institution or individual in accordance with Articles 142 and 154 or upon request of the person or institution exercising parental authority (Article 22).
Upon transfer, the Department of Social Welfare or the duly licensed child-caring institution or individual is considered the guardian for all intents and purposes (Article 22).
The Department of Social Welfare must make a case study of every child subject of guardianship or custody proceedings and submit a report and recommendations to the court (Article 23).
The Department of Social Welfare must intervene on behalf of the child if, after case study, it finds the petition for guardianship or custody should be denied (Article 24).
Guardianship and custody hearings may be closed to the public at the court’s discretion, and records are not released without the court’s approval (Article 25).

Adoption rules: who may adopt and consent

All provisions of the Civil Code on parental authority inconsistent with this Chapter remain governed by this Chapter, and Articles 334 to 348 on Adoption are expressly repealed and replaced by Section B of this Chapter (Article 26).
Any person of age and in full possession of civil rights may adopt if he is able to support and care for legitimate, legitimated, acknowledged natural children, or natural children by legal fiction, or other illegitimate children in keeping with family means (Article 27).
The adopter must be at least fifteen years older than the person to be adopted (Article 27).
The following may not adopt:
- a married person without the written consent of the spouse;
- a guardian with respect to the ward prior to final approval of accounts;
- any person convicted of a crime involving moral turpitude;
- an alien disqualified to adopt under laws of his own country or whose government the Philippines has broken diplomatic relations with (Article 28).
Husband and wife may jointly adopt, and parental authority is exercised as if the child were their own by nature (Article 29).
The following may not be adopted:
- a married person without written consent of the spouse;
- an alien with whose government the Philippines has broken diplomatic relations;
- a person already adopted unless the adoption was previously revoked or rescinded in accordance with the Chapter (Article 30).
Written consent necessary for adoption is required from:
- the person to be adopted if fourteen years of age or over;
- natural parents or the legal guardian of the Department of Social Welfare or a duly licensed child placement agency under whose care the child may be;
- natural children fourteen years and above of the adopting parents (Article 31).
Courts must prevent “hurried decisions” by natural parents caused by strain or anxiety to give up a child and must ascertain that measures to strengthen the family have been exhausted and that prolonged stay at home would be inimical to the child’s welfare and interest (Article 32).

Adoption case studies and court procedure

No petition for adoption may be granted unless the Department of Social Welfare (or the Social Work and Counselling Division in the Juvenile and Domestic Relations Courts) has made a case study of:
- the child to be adopted,
- the child’s natural parents,
- the prospective adopting parents,
  and submitted the report and recommendations to the court (Article 33).
The Department of Social Welfare must intervene on behalf of the child if it finds after case study that the petition should be denied (Article 33).
Adoption proceedings are governed by the Rules of Court insofar as they are not in conflict with the adoption Chapter (Article 34).
No petition is finally granted unless the adopting parents are given a supervised trial custody period of at least six months to assess adjustment and emotional readiness; parental authority during trial custody is vested in adopting parents (Article 35).
The court may reduce or dispense with the trial period on its own motion or on petitioner’s motion if it finds it to be in the child’s best interests; the court must state reasons for any reduction (Article 35).

Adoption decree, registry effects, and confidentiality

A decree of adoption is entered if the court is satisfied that:
- the petitioner can maintain, care for, and educate the child,
- the trial custody period has been completed,
- the best interests of the child will be promoted by adoption (Article 36).
The adoption decree is effective as of the date the original petition was filed (Article 36).
The decree states the name by which the child shall be known thereafter (Article 36).
Adoption must be recorded in the local civil register, and an annotation must be made on the record of birth, entitling the adopted person to an amended certificate of birth (Article 37).
Adoption hearings must be confidential and not open to the public (Article 38).
All adoption case records, books, and papers in the court files, Department of Social Welfare files, and other participating agencies or institutions must be kept strictly confidential (Article 38).
Subject to Article 7, if information from those records is needed, the requesting person or agency must file a petition in the court that entered the decree for release.
If the court finds disclosure necessary for purposes connected with or arising out of adoption and for the child’s best interests, it may permit release while restricting purposes of use (Article 38).

Effects, rescission, and revocation of adoption

Adoption gives the adopted person the same rights and duties as if legitimate of the adopter, but the adopted child cannot acquire Philippine citizenship by virtue of adoption (Article 39).
Adoption dissolves authority of the natural parent or parents, except where the adopter is the spouse of the surviving natural parent (Article 39).
Adoption entitles the adopted person to use the adopter’s surname (Article 39).
Adoption makes the adopted person a legal heir of the adopter, subject to succession limitations:
- if the adopter is survived by legitimate parents or ascendants and by an adopted person, the adopted person cannot have more successional rights than an acknowledged natural child (Article 39);
- gratuitous property received from the adopter reverts to the adopter if the adopted pre-deceases the adopter without legitimate issue, unless the adopted alienated the property during his lifetime (Article 39);
- if the adopted leaves no other property than that received, and is survived by illegitimate issue or a spouse, illegitimate issue collectively or spouse receives one-fourth, with the remaining part reverting to adopter, applying proportional rules described in Article 39 and observing the proportion in Article 895 of the Civil Code for illegitimate issue (Article 39).
The adopter is not a legal heir of the adopted person; natural parents inherit from the adopted, except when both natural parents are dead, in which case the adopting parent or parents take the place of natural parents in the line of succession, whether testate or intestate (Article 39).
Rescission may be asked by:
- the adopted person, or the Department of Social Welfare, or a duly licensed child placement agency if the adopted is still a minor or otherwise incapacitated,
  on the same grounds that cause loss of parental authority under the Civil Code (Article 40).
Revocation by the adopter is allowed if the adopter petitions the court in these cases:
- the adopted person attempted against the life of the adopter and/or the adopter’s spouse;
- the adopted minor abandoned the home of the adopter for more than three years and efforts have been exhausted to locate the minor within that period;
- by other acts, the adopted person has definitely repudiated the adoption (Article 41).
If revocation or rescission is granted and the adopted minor has not reached majority, the court in the same proceeding determines whether the child should be:
- returned to parental authority of natural parents, or
- remitted to the Department of Social Welfare or duly licensed child placement agency, or
- have a guardian appointed over person and property (Article 42).
If the adopted child has reached majority, revocation or rescission releases the person from all obligations to adopting parents and extinguishes rights against them (Article 42).
If the adopted is physically or mentally handicapped such that a guardian is needed, the court may appoint a guardian in accordance with existing law (Article 42).
In all revocation or rescission, the adopted loses the right to continue using the adopter’s surname, and the court orders amendment of Civil Register records per its decision (Article 42).

Parental rights and child discipline

Parents have the right to the company of their children and, in relation to all other persons or institutions dealing with the child’s development, have primary right and obligation to provide upbringing (Article 43).
Parents continue to exercise rights mentioned in Civil Code Articles 316 to 326 over the person and property of the child (Article 44).
Parents have the right to discipline the child for formation of good character and may require obedience to just and reasonable rules, suggestions, and admonitions (Article 45).

Parental duties: general and practical

Parents must provide affection, companionship, and understanding (Article 46).
Parents must provide moral guidance, self-discipline, and religious instruction (Article 46).
Parents must supervise the child’s activities, including recreation (Article 46).
Parents must inculcate industry, thrift, and self-reliance (Article 46).
Parents must stimulate civic affairs interest, teach duties of citizenship, and develop commitment to the country (Article 46).
Parents must advise properly on matters affecting the child’s development and well-being (Article 46).
Parents must always set a good example (Article 46).
Parents must provide adequate support as defined in Article 290 of the Civil Code and administer any property according to the child’s best interests subject to Article 320 of the Civil Code (Article 46).
Parents should allow the child to participate in discussions of family affairs, especially matters concerning the child, and in discipline cases must give the child a chance to present his side (Article 47).
Parents should endeavor to win the child’s confidence and encourage conduct with them about activities and problems (Article 48).
If a child lives away from home due to studies or other causes, parents must communicate regularly and visit as often as possible; parents must ensure safe, wholesome living and responsible adult care and supervision (Article 49).
Parents must endeavor to discover talents or aptitudes and encourage development; if the child is especially gifted, parents must report to the National Center for Gifted Children or other concerned agencies for official assistance or recognition (Article 50).
Parents must cultivate a reading habit at home by providing wholesome reading material considering age and emotional development, and must guard against pornographic and unwholesome publications (Article 51).
Parents must encourage association with other children of the same age for useful and salutary common interests; parents must know the child’s friends and activities and prevent bad company; the child should not be allowed to stay out late at night to the detriment of health, studies, or morals (Article 52).
Parents must provide opportunities for the child to form or join social, cultural, educational, recreational, civic, religious organizations or movements and other useful community activities (Article 53).
When parties or gatherings are held, parents or a responsible person should be present to supervise (Article 54).
Parents must take special care to prevent addiction to intoxicating drinks, narcotic drugs, smoking, gambling, and other vices or harmful practices (Article 55).
The child has the right to choose his career; parents may advise but must not impose their own choice (Article 56).
The child has the prerogative of choosing a future spouse subject to the Civil Code; parents must not force or unduly influence the child to marry someone not freely chosen (Article 57).

Parent liabilities: crimes and penalties

Parents and guardians are responsible for damages caused by the child under their parental authority in accordance with the Civil Code (Article 58).
Criminal liability attaches to a parent who:
- conceals or abandons the child with intent to make the child lose his civil status;
- abandons the child under circumstances depriving the child of love, care, and protection;
- sells or abandons the child to another person for valuable consideration;
- neglects the child by not giving education the family’s station and financial condition permit;
- fails or refuses without justifiable grounds to enroll the child as required by Article 72;
- causes, abates, or permits truancy from school where enrolled; “truancy” means absence without cause for more than twenty schooldays, not necessarily consecutive;
- fails to have the teacher report absences once exceed five schooldays (the rule imposes duty on the teacher to report, but truancy conduct creates parent criminal liability);
- improperly exploits the child for begging or other acts inimical to the child’s interest and welfare;
- inflicts cruel and unusual punishment or deliberately subjects the child to indignities and excessive chastisement that embarrass or humiliate;
- causes or encourages the child to lead an immoral or dissolute life;
- permits the child to possess, handle, or carry a deadly weapon regardless of ownership;
- allows or requires the child to drive without a license or with a license the parent knows is illegally procured; if the vehicle belongs to the parent, permitting or ordering is presumed (Article 59).
For purposes of the criminal-liability provisions, “parents” include the guardian and the head of the institution or foster home that has custody of the child (Article 59).
The acts listed in Article 59 are punishable by imprisonment from two to six months or a fine not exceeding five hundred pesos, or both, at the court’s discretion, unless a higher penalty is provided by the Revised Penal Code or special laws; actions for involuntary commitment under Title VIII may proceed without prejudice (Article 60).

Assistance to parents and needy families

When a parent or guardian is found unreasonably neglectful in duties toward the child, the parent or guardian shall be admonished by the Department of Social Welfare or the local Council for the Protection of Children referred to in Article 87 (Article 61).
When a child is found delinquent by any court, the father, mother, or guardian may be judicially admonished (Article 61).
If the child has special health problems, parents are entitled to government assistance necessary for care and treatment in addition to existing benefits (Article 62).
Needy families are entitled to special financial or mental aid and social services to maintain children in the home and prevent placement elsewhere; the Department of Social Welfare determines the amount considering self-employment of family members and pays from available funds (Article 63).
The State provides assistance to widowed or abandoned parent, or where the other spouse is on prolonged absence due to illness, imprisonment, etc., when unable to support minor dependents; national government or duly licensed agencies provide financial and essential social services to help the parent acquire knowledge or skills for proper family care and maintenance (Article 64).
Eligibility criteria for aid under the two preceding articles are: (1) age of child or children, (2) financial condition, (3) degree of deprivation of parental care and support, and (4) inability to exercise parental authority (Article 65).
Any unmarried mother may seek assistance and advice from the Department of Social Welfare or any duly licensed child placement agency before and after birth; agencies must offer specialized professional services including confidential help and protection, including adoption placement when warranted, and enforcement of the mother’s rights against the father if any (Article 66).

Foster care and day-care arrangements

Foster homes must be chosen and supervised by the Department of Social Welfare or a duly licensed child placement agency when need arises (Article 67).
Foster homes must be run by married couples and licensed only after thorough investigation of character, background, motivation, and competence to act as foster parents (Article 67).
Assignment to a foster home is preferred over institutional care; unless absolutely necessary, no child below nine years may be placed in an institution; older children may be placed in an institution when a thorough social case study indicates more benefit (Article 68).
Day-care service and substitute parental arrangements must be provided to children whose parents and relatives cannot care for them during the day (Article 69).
Such day-care and substitute arrangements are subject to accreditation and licensing by the Department of Social Welfare (Article 69).
A child under foster care must be given affection and understanding as much as possible, considering the temporary nature of placement, and foster care must not alienate the child from parents (Article 70).

Education access and compulsory schooling

The State must ensure that no child is refused admission in public schools (Article 71).
Parents must enroll children in schools to complete at least elementary education (Article 71).
To implement compulsory education, the State provides necessary assistance to enable children—especially indigent children and those needing home-based services—to acquire at least elementary education.
Assistance may be special school programs not requiring continuous attendance or aid such as necessary school supplies and school lunch or other support that removes barriers to attendance and access to elementary education (Article 72).
Public nursery and kindergarten schools must be maintained whenever possible for working mothers’ children and indigent parents, with operation and maintenance responsibility of local governments; local school board funds may provide aid when available (Article 73).
Where needs warrant, there must be at least special classes in every province and, when possible, special schools for physically handicapped, mentally retarded, emotionally disturbed, and specially gifted children; the private sector must be given inducement and encouragement to establish such classes or schools (Article 74).
Local school officials and local government officials must provide adequate schoolrooms and facilities including playground, space, and sports facilities; must ensure a hazard-free school