Child and Youth Welfare Code

Law Summary

Title and Scope

Applies to persons below 21 years old except emancipated individuals
"Child," "minor," or "youth" covers persons under 21 years

Children's Rights

Equal entitlement regardless of legitimacy, sex, social status, religion, political antecedents
Right from conception to be born healthy
Right to family life with love, care, security, and moral and material support
Substitute home provided for abandoned or dependent children
Rights to personality development, special talents, medical care, balanced diet, education, recreation, and protection against exploitation
Right to a clean moral atmosphere, full opportunities, and protection from harmful influences
Right to government care, efficient governance, and growth in peace and freedom

Responsibilities of the Child

Leading an upright, virtuous life respecting religion and conscience
Love, respect, and obey family members
Develop potential through education and service
Respect elders, traditions, heroes, authorities, and democratic principles
Active civic participation and promotion of human rights and peace

Commencement of Civil Personality

Civil personality begins at conception for favorable purposes as per Civil Code Article 41

Abortion

Governed by Revised Penal Code provisions regardless of intent

Confidentiality of Birth Records

Strict confidentiality of birth records except when requested by person, relatives, courts, or upon death by next kin
Penalties include imprisonment or fines for violation

Child's Welfare as Paramount

Child's welfare is paramount in custody, education, and property matters

Levels and Phases of Growth

Care and guidance provided from infancy through young adulthood and beyond 21 when necessary
Protection ensuring full holistic development physically, mentally, morally, emotionally, spiritually, socially

Promotion of Health

Prenatal and postnatal care for child and mother mandated
Health entities assist parents in child health care

Education

Non-formal and formal education entities assist parents in providing best education

Social, Emotional, Moral, and Spiritual Development

Home, schools, and agencies collaborate for emotional and social growth
High moral principles inculcated in home, school, church
State encourages child’s spiritual well-being per religious precepts

Civic Conscience

Child raised in atmosphere of understanding, tolerance, friendship, social responsibility

Parental Authority

Joint authority of parents over legitimate/adopted children; father has final say in disagreement unless court orders otherwise
Continuation of authority by surviving parent; guardians appointed if necessary
Separation of children under 5 from mother only with strong justification
Grandparents consulted but do not interfere
Guardians appointed by court upon death, absence of parents
Dependent/abandoned children under suitable accreditation and protection
Role of Department of Social Welfare in case studies, custody decisions, interventions
Confidential guardianship proceedings with protected records
Civil Code provisions apply except where expressly modified

Adoption Provisions

Eligibility requires adopter to be at least 15 years older, able to support children
Restrictions on who may adopt (e.g., married persons without spouse consent, convicted persons, aliens disqualified by own country)
Joint adoption by spouses; consent required from adoptee (if 14+), natural parents, legal guardians, and adopting parents’ natural children (14+)
Prevention of rushed decisions and requirement of case study by Social Welfare
Trial custody of at least six months required before final adoption decree
Adoption recorded in local civil register; amendment of birth record and surname change
Confidential proceedings; limited access to records
Adoption confers same rights and duties as legitimate child, except citizenship acquisition
Natural parents lose authority except surviving spouse adopter
Legal heirs rules detailed
Grounds and process for rescission or revocation of adoption

Rights and Duties of Parents

Primary right to company and care
Rights under Civil Code preserved
Right to discipline for character formation
Duties include affection, moral guidance, supervision, fostering civic values, proper support, and property management
Family affairs should involve child participation when appropriate
Encouragement of talents, reading habits, healthy associations, community participation
Prevention of vices and safeguarding choice of career and spouse

Liabilities of Parents

Liability for damages caused by child
Criminal liability for neglect, abandonment, exploitation, improper treatment of child including specific infractions
Penalties range from fines to imprisonment

Assistance to Parents

Admonition for neglectful parents
Medical, dental, financial, and social service assistance to needy families
Support for widowed or abandoned parents
Specialized assistance for unmarried mothers and enforcement of their and child’s rights

Foster Care and Child-Caring Institutions

Foster homes licensed and supervised; preference over institutional care
Institutional care only for older or when foster care not feasible
Day-care and substitute care services regulated and accredited
Foster care aims to provide affection, preserve family ties

Educational Access and Environment

Right to admission in public schools
Compulsory elementary education and assistance to indigent families
Nursery and special schools for handicapped and gifted children promoted
Adequate facilities and safety measures mandated
Free access to medical and dental services

Home and School Collaboration

Home supports total school program
Parent-Teacher Associations organized and active in child welfare
No unauthorized monetary contributions in schools except in specific disaster relief

Church and Moral Upbringing

Rights of Church respected in child moral and religious upbringing
Churches may establish schools and offer religious instruction
Government will support churches’ role without discrimination
Parents encouraged to reinforce children’s religious duties

Community Role and Responsibilities

Community defined as local government and society
Duty to ensure safe, healthy, moral environment for children
Support educational institutions and activities
Encourage parent education and youth associations
Combat juvenile delinquency
Promote child welfare projects especially for marginalized groups
Cooperation among private and public child welfare agencies

Barangay Councils and Councils for Protection of Children

Authority to enact ordinances for child welfare
Encourage local councils with members from government, private sectors, and youth
Functions: education promotion, parent support, protection of maltreated children, delinquency prevention, health measures, recreational facilities
Scholarship provisions and youth association support

Civic and Youth Associations

Adults and youth organized for child welfare activities
Duty to report unwholesome entertainment and child abuse
Support and supervise youth organizations and student harmony
Raise awareness, conduct peaceful demonstrations, support research and exchange programs

Collaboration Between Home and Community

Home assists community to maintain conducive environment
Partnership to eliminate harmful influences

Samahan (Workplace Associations) and Working Children

Samahan promotes child welfare at work
Prevent harmful child labor; enforce age and employment standards
Reports by employers on employed children
Education ensured for domestic child workers
Rights to self-organization and bargaining
Labor-management cooperation on child welfare
Educational and welfare programs for working children
Home collaborates in teaching dignity of labor and protecting working children

Child Welfare Agencies and Institutions

Various types defined: child-caring institutions, detention homes, shelters, receiving homes, nurseries, maternity homes, rehabilitation centers
Licensing requirements and grounds for suspension or revocation
Gov't responsibility for appropriate personnel, investigations, records confidentiality, adequate diet, clothing, medical care, religion, and annual reporting

State Responsibilities

Establish health, juvenile courts, welfare and recreation centers
Parent education programs
Curfew hours possible; parental enforcement responsibility
Special assistance during calamities

Handling of Dependent, Abandoned, Neglected Children

Definitions and distinctions provided
Procedures for involuntary and voluntary commitment to care agencies
Court processes and safeguards
Representation of child, prosecution assistance, visitation, inspection
Prohibitions against unauthorized departure from custody
Reporting duties for abandonment
Adoption procedures for committed children
Restoration of custody provisions

Care of Disabled Children

Definitions and classifications of mental retardation, physical handicap, emotional disturbance, mental illness
Admission, training, and placement in suitable institutions
Parental/guardian petitions and court hearings for institutional commitment
Maintenance expenses and discharge conditions

Youthful Offenders

Defined as 9-21 years old at offense time
Exemptions under 9 years or under 15 without discernment
Immediate physical and mental examinations
Custody and care during trial; possible release on recognizance
Suspension of sentence with commitment to care and training agencies until 21
Reporting, dismissal, and return on noncompliance
Separate quarters in penal institutions, agricultural/forestry camps
Destruction of record provisions and civil liability for damages
Establishment of rehabilitation centers and detention homes
Liability of parents/ guardians for contributing to delinquency

Council for Welfare of Children and Youth

Established under Office of the President
Composition includes Secretaries of Social Welfare, Justice,