Declaration of Policy. Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life. The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not conflict with the general welfare.
|Published (Last):||16 October 2016|
|PDF File Size:||16.18 Mb|
|ePub File Size:||10.77 Mb|
|Price:||Free* [*Free Regsitration Required]|
Declaration of Policy. Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life. The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not conflict with the general welfare. The molding of the character of the child starts at the home. Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated and exclusive and unconcerned with the interests of the community and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of the government. Other institutions, like the school, the church, the guild, and the community in general, should assist the home and the State in the endeavor to prepare the child for the responsibilities of adulthood.
Article 2. Title and Scope of Code. It shall apply to persons below twenty-one years of age except those emancipated in accordance with law. Article 3. Rights of the Child. The dependent or abandoned child shall be provided with the nearest substitute for a home.
The gifted child shall be given opportunity and encouragement to develop his special talents. The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent care. The physically or mentally handicapped child shall be given the treatment, education and care required by his particular condition.
Article 4. Responsibilities of the Child. Article 5. Commencement of Civil Personality. Article 6. Article 7. Non-disclosure of Birth Records. Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an amount not exceeding five hundred pesos, or both, in the discretion of the court.
Article 8. Article 9. Levels of Growth. Article Phases of Development. Promotion of Health. All appropriate measures shall be taken to insure his normal total development. It shall be the responsibility of the health, welfare, and educational entities to assist the parents in looking after the health of the child.
Social and Emotional Growth. These shall be undertaken by the home in collaboration with the schools and other agencies engaged in the promotion of child welfare. Spiritual Values. Civic Conscience. He shall be brought up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full consciousness of his responsibilities as a member of society.
In General Article Joint Parental Authority. In case of separation of his parents, no child under five years of age shall be separated from his mother unless the court finds compelling reasons to do so. Absence or Death of Parents. Dependent, Abandoned or Neglected Child. Transfer to the Department of Social Welfare.
From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring institution or individual shall be considered the guardian of the child for all intents and purposes. Case Study. Intervention of Department of Social Welfare.
Hearings Confidential. Repealing Clause. Adoption Article Who May Adopt. In all cases of adoption the adopter must be at least fifteen years older than the person to be adopted. Who May Not Adopt. A married person without the written consent of the spouse; 2.
The guardian with respect to the ward prior to final approval of his accounts; 3. Any person who has been convicted of a crime involving moral turpitude; 4. An alien who is disqualified to adopt according to the laws of his own country or one with whose government the Republic of the Philippines has broken diplomatic relations.
Adoption by Husband and Wife. In such case, parental authority shall be exercised as if the child were their own by nature. Who May Not Be Adopted. A married person, without the written consent of the spouse; 2. An alien with whose government the Republic of the Philippines has broken diplomatic relations; 3. A person who has already been adopted unless the adoption has been previously revoked or rescinded in accordance with this Chapter.
Whose Consent is Necessary. The person to be adopted, if fourteen years of age or over; 2. The natural parents of the child or his legal guardian of the Department of Social Welfare or any duly licensed child placement agency under whose care the child may be; 3. The natural children, fourteen years and above, of the adopting parents. Hurried Decisions. The Department of Social Welfare shall intervene on behalf of the child if it finds, after such case study, that the petition should be denied.
Trial Custody. During the period of trial custody parental authority shall be vested in the adopting parents. The court may, upon its own motion or on motion of the petitioner, reduce or dispense with the trial period if it finds that it is to the best interest of the child. In such case, the court shall state its reasons for reducing said period. Decree of Adoption. The decree shall state the name by which the child is thenceforth to be known.
Civil Registry Record. Confidential Nature of Proceedings and Records. All records, books and papers relating to the adoption cases in the files of the court, of the Department of Social Welfare, and of any other agency or institution participating in the adoption proceedings, shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such records, books and papers is needed, the person or agency requesting the release of the information may file a petition to the court which entered the decree of adoption for its release.
If the court finds that the disclosure of the information is necessary for purposes connected with or arising out of the adoption and will be for the best interests of the child, the court may permit the necessary information to be released, restricting the purposes for which it may be used.
Effects of Adoption. Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter: Provided, That an adopted child cannot acquire Philippine citizenship by virtue of such adoption; lawphi1.
Dissolve the authority vested in the natural parent or parents, except where the adopter is the spouse of the surviving natural parent; 3. The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him, except that if the latter are both dead, the adopting parent or parents take the place of the natural parents in the line of succession, whether testate or interstate.
Rescission by Adopted. Revocation by Adopter. When the adopted minor has abandoned the home of the adopter for more than three years and efforts have been exhausted to locate the minor within the stated period; 3. When by other acts the adopted person has definitely repudiated the adoption.
Effects of Rescission or Revocation. Where the adopted child has reached the age of majority, the revocation or rescission, if and when granted by the court, shall release him from all obligations to his adopting parents and shall extinguish all his rights against them: Provided, That if the said adopted person is physically or mentally handicapped as to need a guardian over his person or property, or both, the court may appoint a guardian in accordance with the provisions of existing law.
Primary Right of Parents. Rights Under the Civil Code. Right to Discipline Child. General Duties. To give him affection, companionship and understanding; 2.
To extend to him the benefits of moral guidance, self-discipline and religious instruction; lawphi1. To supervise his activities, including his recreation; lawphi1. To inculcate in him the value of industry, thrift and self-reliance; 5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to his country; 6.
THE CHILD AND YOUTH WELFARE CODE
In General Art. Joint Parental Authority. In case of separation of his parents, no child under five years of age shall be separated from his mother unless the court finds compelling reasons to do so. Absence or Death of Parents. Dependent, Abandoned or Neglected Child. Transfer to the Department of Social Welfare.
Si pangulong Ferdinand Marcos ang gumawa ng batas na ito. Isinaad sa batas na ito na ang bawat bata ay dapat pahalagahan ng lahat ng mamamayan. Ang pamilya ang pangunahing naghuhulma ng kanyang pagkatao at kaisipan sa tulong ng pamahalaan. Ang tulong ng pamahalaan ay sa pamamagitan ng mga institusyon tulad ng mga paaralan, ang simbahan at ang pamayanan. Sa batas rin na ito makikita ang karapatan ng bawat bata na dapat ipatupad sa mga wala pang 21 na taong gulang. Ang mga ito ay: 1 Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, and has, therefore, the right to be born well.
General Duties. Family Affairs. Child Living Away from Home. Special Talents.