Article 363Care and Education of Children

In all questions on the care, custody,

education and property of children the latter's welfare

shall be paramount. No mother shall be separated from

her child under seven years of age, unless the court finds

compelling reasons for such measure.

PD No 603 | The Child and Youth

Welfare Code

As amended by PD 1179, 1210, EO 91 s. 1986

December 10, 1974

I, FERDINAND E. MARCOS, President of the Philippines,

by virtue of the powers vested in me by the Constitution,

do hereby order and decree the following:

TITLE I G eneral Principles

ARTICLE 1. Declaration of Policy. — The Child is one of

the most important assets of the nation. 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. Consequently, every member of the family should

strive to make the home a wholesome and harmonious

place as its atmosphere and conditions will greatly

influence the child's development.

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. — The Code shall be

known as the Child and Youth Welfare Code. It shall apply

to persons below twenty-one years of age except those

emancipated in accordance with law. "Child" or "minor" or

"youth" as used in this Code, shall refer to such persons.

ARTICLE 3. Rights of the Child. — All children shall be

entitled to the rights herein set forth without distinction

as to legitimacy or illegitimacy, sex, social status, religion,

political antecedents, and other factors.

(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.

(2) Every child has the right to a wholesome family life

that will provide him with love, care and understanding,

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guidance and counseling, and moral and material

security.

The dependent or abandoned child shall be provided

with the nearest substitute for a home.

(3) Every child has the right to a well-rounded

development of his personality to the end that he may

become a happy, useful and active member of society.

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.

(4) Every child has the right to a balanced diet, adequate

clothing, sufficient shelter, proper medical attention, and

all the basic physical requirements of a healthy and

vigorous life.

(5) Every child has the right to be brought up in an

atmosphere of morality and rectitude for the enrichment

and the strengthening of his character.

(6) Every child has the right to an education

commensurate with his abilities and to the development

of his skills for the improvement of his capacity for service

to himself and to his fellow men.

(7) Every child has the right to full opportunities for safe

and wholesome recreation and activities, individual as

well as social, for the wholesome use of his leisure hours.

(8) Every child has the right to protection against

exploitation, improper influences, hazards, and other

conditions or circumstances prejudicial to his physical,

mental, emotional, social and moral development.

(9) Every child has the right to live in a community and a

society that can offer him an environment free from

pernicious influences and conducive to the promotion of

his health and the cultivation of his desirable traits and

attributes.

(10) Every child has the right to the care, assistance, and

protection of the State, particularly when his parents or

guardians fail or are unable to provide him with his

fundamental needs for growth, development, and

improvement.

(11) Every child has the right to an efficient and honest

government that will deepen his faith in democracy and

inspire him with the morality of the constituted

authorities both in their public and private lives.

(12) Every child has the right to grow up as a free

individual, in an atmosphere of peace, understanding,

tolerance, and universal brotherhood, and with the

determination to contribute his share in the building of a

better world.

ARTICLE 4. Responsibilities of the Child. — Every child,

regardless of the circumstances of his birth, sex, religion,

social status, political antecedents and other factors shall:

(1) Strive to lead an upright and virtuous life in accordance

with the tenets of his religion, the teachings of his elders

and mentors, and the biddings of a clean conscience;

(2) Love, respect and obey his parents, and cooperate with

them in the strengthening of the family;

(3) Extend to his brothers and sisters his love,

thoughtfulness, and helpfulness, and endeavor with

them to keep the family harmonious and united;

(4) Exert his utmost to develop his potentialities for

service, particularly by undergoing a formal education

suited to his abilities, in order that he may become an

asset to himself and to society;

(5) Respect not only his elders but also the customs and

traditions of our people, the memory of our heroes, the

duly constituted authorities, the laws of our country, and

the principles and institutions of democracy;

(6) Participate actively in civic affairs and in the promotion

of the general welfare, always bearing in mind that it is

the youth who will eventually be called upon to discharge

the responsibility of leadership in shaping the nation's

future; and

(7) Help in the observance of individual human rights, the

strengthening of freedom everywhere, the fostering of

cooperation among nations in the pursuit of their

common aspirations for progress and prosperity, and the

furtherance of world peace.

ARTICLE 5. Commencement of Civil Personality. — The

civil personality of the child shall commence from the

time of his conception, for all purposes favorable to him,

subject to the requirements of Article 41 of the Civil Code.

ARTICLE 6. Abortion. — The abortion of a conceived child,

whether such act be intentional or not, shall be governed

by the pertinent provisions of the Revised Penal Code.

ARTICLE 7. Non-disclosure of Birth Records. — The

records of a person's birth shall be kept strictly

confidential and no information relating thereto shall be

issued except on the request of any of the following:

(1) The person himself, or any person authorized by him;

(2) His spouse, his parent or parents, his direct

descendants, or the guardian or institution legally

in-charge of him if he is a minor;

(3) 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 his birth;

and

(4) In case of the person's death, the nearest of kin.

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. Child's Welfare Paramount. — In all

questions regarding the care, custody, education and

property of the child, his welfare shall be the paramount

consideration.

ARTICLE 9. Levels of Growth. — The child shall be given

adequate care, assistance and guidance through his

various levels of growth, from infancy to early and later

childhood, to puberty and adolescence, and when

necessary even after he shall have attained age 21.

ARTICLE 10. Phases of Development. — The child shall

enjoy special protection and shall be given opportunities

and facilities, by law and by other means, to ensure and

enable his fullest development physically, mentally,

emotionally, morally, spiritually and socially in a healthy

and normal manner and in conditions of freedom and

dignity appropriate to the corresponding developmental

stage.

ARTICLE 11. Promotion of Health. — The promotion of the

Child's health shall begin with adequate prenatal and

postnatal care both for him and his mother. 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.

ARTICLE 12. Education. — The schools and other entities

engaged in non-formal education shall assist the parents

in providing the best education for the child.

ARTICLE 13. Social and Emotional Growth. — Steps shall

be taken to insure the child's healthy 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.

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ARTICLE 14. Morality. — High moral principles should be

instilled in the child, particularly in the home, the school,

and the church to which he belongs.

ARTICLE 15. Spiritual Values. — The promotion of the

child's spiritual well-being according to the precepts of

his religion should, as much as possible, be encouraged

by the State.

ARTICLE 16. Civic Conscience. — The civic conscience of

the child shall not be overlooked. 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.

TITLE II C hild and Youth Welfare and the Home

CHAPTER I P arental Authority

SECTION A. I n General

ARTICLE 17. Joint Parental Authority. — (as repealed by

the Family Code)

ARTICLE 18. Grandparents. — (as repealed by the

Family Code)

ARTICLE 19. Absence or Death of Parents. — (as

repealed by the Family Code)

ARTICLE 20. Guardian. — The court may, upon the death

of the parents and in the cases mentioned in Arts. 328 to

332 of the Civil Code, appoint a guardian for the person

and property of the child, on petition of any relative or

friend of the family or the Department of Social Welfare.

ARTICLE 21. Dependent, Abandoned or Neglected Child.

— The dependent, abandoned or neglected child shall be

under the parental authority of a suitable or accredited

person or institution that is caring for him as provided for

under the four preceding articles, after the child has been

declared abandoned by either the court or the

Department of Social Welfare.

ARTICLE 22. Transfer to the Department of Social

Welfare. — The 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 of

this Code, or upon the request of the person or institution

exercising parental authority over him.

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.

ARTICLE 23. Case Study. — It shall be the duty of the

Department of Social Welfare to make a case study of

every child who is the subject of guardianship or custody

proceedings and to submit its report and

recommendations on the matter to the court for its

guidance.

ARTICLE 24. Intervention of Department of Social

Welfare. — The Department of Social Welfare shall

intervene on behalf of the child if it finds, after its case

study, that the petition for guardianship or custody

should be denied.

ARTICLE 25. Hearings Confidential. — The hearing on

guardianship and custody proceedings may, at the

discretion of the court, be closed to the public andthe

records thereof shall not be released without its approval.

ARTICLE 26. Repealing Clause. — All provisions of the

Civil Code on parental authority which are not

inconsistent with the provisions of this Chapter shall

remain in force: Provided, That Articles 334 up to 348

inclusive on Adoption, are hereby expressly repealed and

replaced by Section B of this Chapter.

SECTION B. A doption

ARTICLE 27. Who May Adopt. — (as repealed by the

Family Code)

ARTICLE 28. Who May Not Adopt. — (as repealed by the

Family Code)

ARTICLE 29. Adoption by Husband and Wife. — (as

repealed by the Family Code)

ARTICLE 30. Who May Not Be Adopted. — (as repealed

by the Family Code)

ARTICLE 31. Whose Consent is Necessary. — (as

repealed by the Family Code)

ARTICLE 32. Hurried Decisions. — In all proceedings for

adoption, steps should be taken by the court to prevent

the natural parents from making hurried decisions

caused by strain or anxiety to give up the child, and to

ascertain, that all measures to strengthen the family have

been exhausted and that any prolonged stay of the child

in his own home will be inimical to his welfare and

interest.

ARTICLE 33. Case Study. — No petition for adoption shall

be granted unless the Ministry of Social Services and

Development has made a case study of the child to be

adopted, his natural parents as well as the prospective

adopting parents, and has submitted its report and

recommendations on the matter to the court hearing

such petition. The Ministry of Social Services and

Development shall intervene on behalf of the child if it

finds, after such case study, that the petition should be

denied. (as amended by Executive Order No. 91,

[December 17, 1986])

ARTICLE 34. Procedure. — The proceedings for adoption

shall be governed by the Rules of Court insofar as they are

not in conflict with this Chapter.

ARTICLE 35. Trial Custody. — No petition for adoption

shall be finally granted unless and until the adopting

parents are given by the court a supervised trial custody

period of at least six months to assess their adjustment

and emotional readiness for the legal union. 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 custody

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

or dispensing with the said period.

An alien not permanently residing in the Philippines

adopting a Filipino child shall complete the supervised

trial custody period to ensure the child's adjustment to a

new family life and culture, save in those cases provided

for in Article 27 hereof. (as amended by Executive Order

No. 91, [December 17, 1986])

ARTICLE 36. Decree of Adoption. — If, after considering

the report of the Department of Social Welfare or duly

licensed child placement agency and the evidence

submitted before it, the court is satisfied that the

petitioner is qualified to maintain, care for, and educate

the child, that the trial custody period has been

completed, and that the best interests of the child will be

promoted by the adoption, a decree of adoption shall be

entered, which shall be effective as of the date the

original petition was filed. The decree shall state the

name by which the child is thenceforth to be known.

ARTICLE 37. Civil Registry Record. — The adoption shall

be recorded in the local civil register and shall be

annotated on the record of birth, and the same shall

entitle the adopted person to the issuance of an

amended certificate of birth.

ARTICLE 38. Confidential Nature of Proceedings and

Records. — All hearings in adoption cases shall be

confidential and shall not be open to the public. All

records, books and papers relating to the adoption cases

in the files of the court, of the Department of Social

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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.

ARTICLE 39. Effects of Adoption. — (as repealed by the

Family Code)

ARTICLE 40. Rescission by Adopted. — (as repealed by

the Family Code)

ARTICLE 41. Revocation by Adopter. — (as repealed by

the Family Code)

ARTICLE 42. Effects of Rescission or Revocation. — (as

repealed by the Family Code)

CHAPTER II R ights of Parents

ARTICLE 43. Primary Right of Parents. — The parents

shall have the right to the company of their children and,

in relation to all other persons or institutions dealing with

the child's development, the primary right and obligation

to provide for their upbringing.

ARTICLE 44. Rights Under the Civil Code. — Parents shall

continue to exercise the rights mentioned in Articles 316

to 326 of the Civil Code over the person and property of

the child.

ARTICLE 45. Right to Discipline Child. — Parents have

the right to discipline the child as may be necessary for

the formation of his good character, and may therefore

require from him obedience to just and reasonable rules,

suggestions and admonitions.

CHAPTER III D uties of Parents

ARTICLE 46. General Duties. — Parents shall have the

following general duties toward their children:

(1) To give him affection, companionship and

understanding;

(2) To extend to him the benefits of moral guidance,

self-discipline and religious instruction;

(3) To supervise his activities, including his recreation;

(4) 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) To advise him properly on any matter affecting his

development and well-being;

(7) To always set a good example;

(8) To provide him with adequate support, as defined in

Article 290 of the Civil Code; and

(9) To administer his property, if any, according to his best

interests, subject to the provisions of Article 320 of the

Civil Code.

ARTICLE 47. Family Affairs. — Whenever proper, parents

shall allow the child to participate in the discussion of

family affairs, especially in matters that particularly

concern him.

In cases involving his discipline, the child shall be given a

chance to present his side.

ARTICLE 48. Winning Child's Confidence. — Parents

shall endeavor to win the child's confidence and to

encourage him to conduct with them on his activities

and problems.

ARTICLE 49. Child Living Away from Home. — If by

reason of his studies or for other causes, a child does not

live with his parents, the latter shall communicate with

him regularly and visit him as often as possible.

The parents shall see to it that the child lives in a safe and

wholesome place and under responsible adult care and

supervision.

ARTICLE 50. Special Talents. — Parents shall endeavor to

discover the child's talents or aptitudes, if any, and to

encourage and develop them.

If the child is especially gifted, his parents shall report this

fact to the National Center for Gifted Children or to other

agencies concerned so that official assistance or

recognition may be extended to him.

ARTICLE 51. Reading Habit. — The reading habit should

be cultivated in the home. Parents shall, whenever

possible, provide the child with good and wholesome

reading material, taking into consideration his age and

emotional development. They shall guard against the

introduction in the home of pornographic and other

unwholesome publications.

ARTICLE 52. Association with Other Children. — Parents

shall encourage the child to associate with other children

of his own age with whom he can develop common

interests of useful and salutary nature. It shall be their

duty to know the child's friends and their activities and to

prevent him from falling into bad company. The child

should not be allowed to stay out late at night to the

detriment of his health, studies or morals.

ARTICLE 53. Community Activities. — Parents shall give

the child every opportunity to form or join social, cultural,

educational, recreational, civic or religious organizations

or movements and other useful community activities.

ARTICLE 54. Social Gatherings. — When a party or

gathering is held, the parents or a responsible person

should be present to supervise the same.

ARTICLE 55. Vices. — Parents shall take special care to

prevent the child from becoming addicted to intoxicating

drinks, narcotic drugs, smoking, gambling, and other

vices or harmful practices.

ARTICLE 56. Choice of Career. — The child shall have the

right to choose his own career. Parents may advise him

on this matter but should not impose on him their own

choice.

ARTICLE 57. Marriage. — Subject to the provisions of the

Civil Code, the child shall have the prerogative of

choosing his future spouse. Parents should not force or

unduly influence him to marry a person he has not freely

chosen.

CHAPTER IV L iabilities of Parents

ARTICLE 58. Torts. — Parents and guardians are

responsible for the damage caused by the child under

their parental authority in accordance with the Civil Code.

ARTICLE 59. Crimes. — Criminal liability shall attach to

any parent who:

(1) Conceals or abandons the child with intent to make

such child lose his civil status.

(2) Abandons the child under such circumstances as to

deprive him of the love, care and protection he needs.

(3) Sells or abandons the child to another person for

valuable consideration.

(4) Neglects the child by not giving him the education

which the family's station in life and financial conditions

permit.

(5) Fails or refuses, without justifiable grounds, to enroll

the child as required by Article 72.

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(6) Causes, abates, or permits the truancy of the child

from the school where he is enrolled. "Truancy" as here

used means absence without cause for more than twenty

schooldays, not necessarily consecutive.

It shall be the duty of the teacher in charge to report to

the parents the absences of the child the moment these

exceed five schooldays.

(7) Improperly exploits the child by using him, directly or

indirectly, such as for purposes of begging and other acts

which are inimical to his interest and welfare.

(8) Inflicts cruel and unusual punishment upon the child

or deliberately subjects him to indignities and other

excessive chastisement that embarrass or humiliate him.

(9) Causes or encourages the child to lead an immoral or

dissolute life.

(10) Permits the child to possess, handle or carry a deadly

weapon, regardless of its ownership.

(11) Allows or requires the child to drive without a license

or with a license which the parent knows to have been

illegally procured. If the motor vehicle driven by the child

belongs to the parent, it shall be presumed that he

permitted or ordered the child to drive.

"Parents" as here used shall include the guardian and the

head of the institution or foster home which has custody

of the child.

ARTICLE 60. Penalty. — The act mentioned in the

preceding article shall be punishable with imprisonment

from two to six months or a fine not exceeding five

hundred pesos, or both, at the discretion of the Court,

unless a higher penalty is provided for in the Revised

Penal Code or special laws, without prejudice to actions

for the involuntary commitment of the child under Title

VIII of this Code.

CHAPTER V A ssistance to Parents

ARTICLE 61. Admonition to Parents. — Whenever a

parent or guardian is found to have been unreasonably

neglectful in the performance of his duties toward the

child, he shall be admonished by the Department of

Social Welfare or by the local Council for the Protection of

Children referred to in Article 87.

Whenever a child is found delinquent by any court, the

father, mother or guardian may be judicially admonished.

ARTICLE 62. Medical and Dental Services. — If the child

has special health problems, his parents shall be entitled

to such assistance from the government as may be

necessary for his care and treatment in addition to other

benefits provided for under existing law.

ARTICLE 63. Financial Aid and Social Services to Needy

Families. — Special financial or material aid and social

services shall be given to any needy family, to help it

maintain the child or children in the home and prevent

their placement elsewhere.

The amount of such aid shall be determined by the

Department of Social Welfare, taking into consideration,

among other things, the self-employment of any of the

family members and shall be paid from any funds

available for the purpose.

ARTICLE 64. Assistance to Widowed or Abandoned

Parent and Her Minor Dependents. — The State shall

give assistance to widowed or abandoned parent or

where either spouse is on prolonged absence due to

illness, imprisonment, etc. and who is unable to support

his/her children. Financial and other essential social

services shall be given by the National Government or

other duly licensed agencies with similar functions to

help such parent acquire the necessary knowledge or skill

needed for the proper care and maintenance of the

family.

ARTICLE 65. Criterion for Aid. — The criteria to determine

eligibility for the aid mentioned in the next two preceding

articles shall be (1) the age of the child or children (2) the

financial condition of the family, (3) the degree of

deprivation of parental care and support, and (4) the

inability to exercise parental authority.

ARTICLE 66. Assistance to Unmarried Mothers and

Their Children. — Any unmarried mother may, before and

after the birth of her child, seek the assistance and advice

of the Department of Social Welfare or any duly licensed

child placement agency. The said agencies shall offer

specialized professional services which include

confidential help and protection to such mother and her

child, including placement of the child for adoption

whenever warranted, and enforcement of such mother's

rights, if any, against the father of such child.

CHAPTER VI F oster Care

ARTICLE 67. Foster Homes. — Foster homes shall be

chosen and supervised by the Department of Social

Welfare or any duly licensed child placement agency

when and as the need therefor arises. They shall be run by

married couples, to be licensed only after thorough

investigation of their character, background, motivation

and competence to act as foster parents.

ARTICLE 68. Institutional Care. — Assignment of the

child to a foster home shall be preferred to institutional

care. Unless absolutely necessary, no child below nine

years of age shall be placed in an institution. An older

child may be taken into an institution for child care if a

thorough social case study indicates that he will derive

more benefit therefrom.

ARTICLE 69. Day-care service and other substitute

parental arrangement. — Day-care service and other

substitute parental arrangement shall be provided a child

whose parents and relatives are not able to care for him

during the day. Such arrangements shall be the subject

of accreditation and licensing by the Department of

Social Welfare.

ARTICLE 70. Treatment of Child Under Foster Care. — A

child under foster care shall be given, as much as

possible, the affection and understanding that his own

parents, if alive or present, would or should have

extended to him. Foster care shall take into consideration

the temporary nature of the placement and shall not

alienate the child from his parents.

TITLE III Child and Youth Welfare and Education

CHAPTER I A ccess to Educational Opportunities

ARTICLE 71. Admission to Schools. — The state shall see

to it that no child is refused admission in public schools.

All parents are required to enroll their children in schools

to complete, at least, an elementary education.

ARTICLE 72. Assistance. — To implement effectively the

compulsory education policy, all necessary assistance

possible shall be given to parents, specially indigent ones

or those who need the services of children at home, to

enable the children to acquire at least an elementary

education. Such assistance may be in the form of special

school programs which may not require continuous

attendance in school, or aid in the form of necessary

school supplies, school lunch, or whatever constitutes a

bar to a child's attendance in school or access to

elementary education.

ARTICLE 73. Nursery School. — To further help promote

the welfare of children of working mothers and indigent

parents, and in keeping with the Constitutional provision

on the maintenance of an adequate system of public

education, public nursery and kindergarten schools shall

be maintained, whenever possible. The operation and

maintenance of such schools shall be the responsibility of

local governments. Aid from local school board funds,

when available, may be provided.

ARTICLE 74. Special Classes. — Where needs warrant,

there shall be at least special classes in every province,

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and, if possible, special schools for the physically

handicapped, the mentally retarded, the emotionally

disturbed, and the specially gifted. The private sector shall

be given all the necessary inducement and

encouragement to establish such classes or schools.

ARTICLE 75. School Plants and Facilities. — Local school

officials and local government officials shall see to it that

school children and students are provided with adequate

school rooms and facilities including playground, space,

and facilities for sports and physical development

activities. Such officials should see to it that the school

environment is free from hazards to the health and safety

of the students and that there are adequate safety

measures for any emergencies such as accessible exits,

firefighting equipment, and the like. All children shall

have the free access to adequate dental and medical

services.

CHAPTER II T he Home and the School

ARTICLE 76. Role of the Home. — The home shall fully

support the school in the implementation of the total

school program — curricular and co-curricular — toward

the proper physical, social, intellectual and moral

development of the child.

ARTICLE 77. Parent-Teacher Associations. — Every

elementary and secondary school shall organize a

parent-teacher association for the purpose of providing a

forum for the discussion of problems and their solutions,

relating to the total school program, and for insuring the

full cooperation of parents in the efficient

implementation of such program. All parents who have

children enrolled in a school are encouraged to be active

members of its PTA, and to comply with whatever

obligations and responsibilities such membership entails.

Parent-Teacher Association all over the country shall aid

the municipal and other local authorities and school

officials in the enforcement of juvenile delinquency

control measures, and in the implementation of

programs and activities to promote child welfare.

CHAPTER III M iscellaneous

ARTICLE 78. Contributions. — No school shall receive or

collect from students, directly or indirectly, contributions

of any kind or form, or for any purpose except those

expressly provided by law, and on occasions of national or

local disasters in which case the school may accept

voluntary contribution or aid from students for

distribution to victims of such disasters or calamities.

TITLE IV C hild and Youth Welfare and the Church

ARTICLE 79. Rights of the Church. — The State shall

respect the rights of the Church in matters affecting the

religious and moral upbringing of the child.

ARTICLE 80. Establishment of Schools. — All churches

and religious orders, congregations or groups may,

conformably to law, establish schools for the purpose of

educating children in accordance with the tenets of their

religion.

ARTICLE 81. Religious Instruction. — The religious

education of children in all public and private schools is a

legitimate concern of the Church to which the students

belong. All churches may offer religious instruction in

public and private elementary and secondary schools,

subject to the requirements of the Constitution and

existing laws.

ARTICLE 82. Assistance to Churches. — Insofar as may be

allowed by the Constitution, the government shall extend

to all churches, without discrimination or preference,

every opportunity to exercise their influence and

disseminate their teachings.

ARTICLE 83. Parents. — Parents shall admonish their

children to heed the teachings of their Church and to

perform their religious duties. Whenever possible, parents

shall accompany their children to the regular devotions of

their Church and other religious ceremonies.

TITLE V Child and Youth Welfare and the

Community

CHAPTER I D uties in General of the Community

ARTICLE 84. Community Defined. — As used in this Title,

a community shall mean, the local government, together

with the society of individuals or institutions, both public

and private, in which a child lives.

ARTICLE 85. Duties of the Community. — To insure the

full enjoyment of the right of every child to live in a

society that offers or guarantees him safety, health, good

moral environment and facilities for his wholesome

growth and development, it shall be the duty of the

community to:

(1) Bring about a healthy environment necessary to the

normal growth of children and the enhancement of their

physical, mental and spiritual well-being;

(2) Help institutions of learning, whether public or private,

achieve the fundamental objectives of education;

(3) Organize or encourage movements and activities, for

the furtherance of the interests of children and youth;

(4) Promote the establishment and maintenance of

adequately equipped playgrounds, parks, and other

recreational facilities;

(5) Support parent education programs by encouraging

its members to attend and actively participate therein;

(6) Assist the State in combating and curtailing juvenile

delinquency and in rehabilitating wayward children;

(7) Aid in carrying out special projects for the betterment

of children in the remote areas or belonging to cultural

minorities or those who are out of school; and

(8) Cooperate with private and public child welfare

agencies in providing care, training and protection to

destitute, abandoned, neglected, abused, handicapped

and disturbed children.

CHAPTER II C ommunity Bodies Dealing with Child

Welfare

SECTION A. B arangay Councils

ARTICLE 86. Ordinances and Resolutions. — Barangay

Councils shall have the authority to enact ordinances and

resolutions not inconsistent with law or municipal

ordinances, as may be necessary to provide for the proper

development and welfare of the children in the

community, in consultation with representatives of

national agencies concerned with child and youth

welfare.

ARTICLE 87. Council for the Protection of Children. —

Every barangay council shall encourage the organization

of a local Council for the Protection of Children and shall

coordinate with the Council for the Welfare of Children

and Youth in drawing and implementing plans for the

promotion of child and youth welfare. Membership shall

be taken from responsible members of the community

including a representative of the youth, as well as

representatives of government and private agencies

concerned with the welfare of children and youth whose

area of assignment includes the particular barangay and

shall be on a purely voluntary basis.

Said Council shall:

(1) Foster the education of every child in the barangay;

(2) Encourage the proper performance of the duties of

parents, and provide learning opportunities on the

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adequate rearing of children and on positive parent-child

relationship;

(3) Protect and assist abandoned or maltreated children

and dependents;

(4) Take steps to prevent juvenile delinquency and assist

parents of children with behavioral problems so that they

can get expert advice;

(5) Adopt measures for the health of children;

(6) Promote the opening and maintenance of

playgrounds and day-care centers and other services that

are necessary for child and youth welfare;

(7) Coordinate the activities of organizations devoted to

the welfare of children and secure their cooperation;

(8) Promote wholesome entertainment in the

community, especially in movie houses; and

(9) Assist parents, whenever necessary in securing expert

guidance counseling from the proper governmental or

private welfare agency.

In addition, it shall hold classes and seminars on the

proper rearing of the children. It shall distribute to parents

available literature and other information on child

guidance. The Council shall assist parents, with behavioral

problems whenever necessary, in securing expert

guidance counseling from the proper governmental or

private welfare agency.

ARTICLE 88. Barangay Scholarships. — Barangay funds

may be appropriated to provide annual scholarship for

indigent children who, in the judgment of the Council for

the Protection of Children, deserve public assistance in

the development of their potentialities.

ARTICLE 89. Youth Associations in Barangays. —

Barangay councils shall encourage membership in civil

youth associations and help these organizations attain

their objectives.

ARTICLE 90. Aid to Youth Associations. — In proper

cases, barangay funds may be used for the payment of

the cost of the uniforms and equipment required by

these organizations.

SECTION B. C ivic Associations of Adults

ARTICLE 91. Civic Associations of Adults. — As used in

this Title, a civic association shall refer to any club,

organization or association of individuals twenty-one

years of age or over, which is directly or indirectly involved

in carrying out child welfare programs and activities.

ARTICLE 92. Accounting of Proceeds or Funds. — It shall

be the duty of any civic association of adults holding

benefits or soliciting contributions pursuant to the

provisions of the next preceding article, to render an

accounting of the proceeds thereof to the Department of

Social Welfare or to the city or municipal treasurer, as the

case may be.

ARTICLE 93. Functions. — Civic associations and youth

associations shall make arrangements with the

appropriate governmental or civic organization for the

instruction of youth in useful trades or crafts to enable

them to earn a living.

ARTICLE 94. Youth Demonstrations. — Any

demonstrations sponsored by any civic associations and

youth associations shall be conducted in a peaceful and

lawful manner.

ARTICLE 95. Unwholesome Entertainment and

Advertisements. — It shall be the duty of all civic

associations and youth associations to bring to the

attention of the proper authorities the exhibition of

indecent shows and the publication, sale or circulation of

pornographic materials.

The Board of Censors or the Radio Control Board may,

upon representation of any civic association, prohibit any

movie, television or radio program offensive to the

proprieties of language and behavior.

Commercial advertisements and trailers which are

improper for children under eighteen years of age due to

their advocating or unduly suggesting violence, vices,

crimes and immorality, shall not be shown in any movie

theater where the main feature is for general patronage

nor shall they be used or shown during or immediately

before and after any television or radio program for

children.

ARTICLE 96. Complaint Against Child Welfare Agency.

— Any civic association and any youth association may

complain to the officials of any public or private

child-caring agency about any act or omission therein

prejudicial to the wards of such agency.

If the complaint is not acted upon, it may be brought to

the Council for the Protection of Children or the

Department of Social Welfare, which shall promptly

investigate the matter and take such steps as may be

necessary.

ARTICLE 97. Studies and Researches. — The government

shall make available such data and technical assistance

as may be needed by civic associations conducting

studies and researches on matters relating to child

welfare, including the prevention of juvenile delinquency.

ARTICLE 98. Exchange Programs. — Student exchange

programs sponsored by civic associations or youth

associations shall receive the support and

encouragement of the State.

SECTION C. Y outh Associations

ARTICLE 99. Youth Associations. — As used in this Title, a

youth association shall refer to any club, organization or

association of individuals below twenty-one years of age

which is directly or indirectly involved in carrying out child

or youth welfare programs and activities.

ARTICLE 100. Rights and Responsibilities. — All youth

associations shall enjoy the same rights and discharge

the same responsibilities as civic associations as may be

permitted under existing laws.

ARTICLE 101. Student Organizations. — All student

organization in public or private schools shall include in

their objectives the cultivation of harmonious relations

among their members and with the various segments of

the community.

CHAPTER III C ollaboration Between the Home and the

Community

ARTICLE 102. Proper Atmosphere for Children. — The

home shall aid the community in maintaining an

atmosphere conducive to the proper upbringing of

children, particularly with respect to their preparation for

adult life and the conscientious discharge of their civic

duties as a whole.

ARTICLE 103. Unwholesome Influence. — The home and

the community shall cooperate with each other in

counteracting and eliminating such influences as may be

exerted upon children by useless and harmful

amusements and activities, obscene exhibitions and

programs, and establishments inimical to health and

morals.

TITLE VI C hild and Youth Welfare and the

Samahan

CHAPTER I D uties in General of the Samahan

ARTICLE 104. "S amahan" Defined. — As used in this

Code, the term "samahan" shall refer to the aggregate of

persons working in commercial, industrial, and

agricultural establishments or enterprises, whether

belonging to labor or management.

ARTICLE 105. Organization. — The barangay, municipal

and city councils, whenever necessary, shall provide by

ordinance for the formation and organization of a

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samahan in their respective communities. Membership in

the samahan shall be on voluntary basis from among

responsible persons from the various sectors of the

community mentioned in the preceding article.

ARTICLE 106. Duties of the Samahan. — The Samahan

shall:

(1) Prevent the employment of children in any kind of

occupation or calling which is harmful to their normal

growth and development;

(2) Forestall their exploitation by ensuring that their rates

of pay, hours of work and other conditions of

employment are in accordance not only with law but also

with equity;

(3) Give adequate protection from all hazards to their

safety, health, and morals, and secure to them their basic

right to an education;

(4) Help out-of-school youth to learn and earn at the

same time by helping them look for opportunities to

engage in economic self-sufficient projects;

(5) To coordinate with vocational and handicraft classes in

all schools and agencies in the barangay, municipality or

city to arrange for possible marketing of the products or

articles made by the students; and

(6) Provide work experience, training and employment in

those areas where the restoration and conservation of our

natural resources is deemed necessary.

CHAPTER II W orking Children

ARTICLE 107. Employment of Children Below Sixteen

Years. — Children below sixteen years of age may be

employed to perform light work which is not harmful to

their safety, health or normal development and which is

not prejudicial to their studies.

The provisions of the Labor Code relating to employable

age and conditions of employment of children are hereby

adopted as part of this Code insofar as not inconsistent

herewith.

ARTICLE 108. Duty of Employer to Submit Report. — The

employer shall submit to the Department of Labor a

report of all children employed by him. A separate report

shall be made of all such children who are found to be

handicapped after medical examination. The Secretary of

Labor shall refer such handicapped children to the proper

government or private agencies for vocational guidance,

physical and vocational rehabilitation, and placement in

employment.

ARTICLE 109. Register of Children. — Every employer in

any commercial, industrial or agricultural establishment

or enterprise shall keep:

(1) A register of all children employed by him, indicating

the dates of their birth;

(2) A separate file for the written consent to their

employment given by their parents or guardians;

(3) A separate file for their educational and medical

certificates; and

(4) A separate file for special work permits issued by the

Secretary of Labor in accordance with existing laws.

ARTICLE 110. Education of Children Employed as

Domestics. — If a domestic is under sixteen years of age,

the head of the family shall give him an opportunity to

complete at least elementary education as required

under Article 71. The cost of such education shall be a part

of the domestic's compensation unless there is a

stipulation to the contrary.

CHAPTER III L abor-Management Projects

ARTICLE 111. Right to Self-Organization. — Working

children shall have the same freedom as adults to join the

collective bargaining union of their own choosing in

accordance with existing law.

Neither management nor any collective bargaining union

shall threaten or coerce working children to join, continue

or withdraw as members of such union.

ARTICLE 112. Conditions of Employment. — There shall

be close collaboration between labor and management

in the observance of the conditions of employment

required by law for working children.

ARTICLE 113. Educational Assistance Programs. — The

management may allow time off without loss or

reduction of wages for working children with special

talents to enable them to pursue formal studies in

technical schools on scholarships financed by

management or by the collective bargaining union or

unions.

ARTICLE 114. Welfare Programs. — Labor and

management shall, in cooperation with the Women and

Minors Bureau of the Department of Labor, undertake

projects and in-service training programs for working

children which shall improve their conditions of

employment, improve their capabilities and physical

fitness, increase their efficiency, secure opportunities for

their promotion, prepare them for more responsible

positions, and provide for their social, educational and

cultural advancement.

ARTICLE 115. Research Projects. — Labor and

management shall cooperate with any government or

private research project on matters affecting the welfare

of working children.

CHAPTER IV C ollaboration Between the Home and

the Samahan

ARTICLE 116. Collaboration Between the Home and the

Samahan. — The home shall assist the Samahan in the

promotion of the welfare of working children and for this

purpose shall:

(1) Instill in the hearts and minds of working children the

value of dignity of labor;

(2) Stress the importance of the virtues of honesty;

diligence and perseverance in the discharge of their

duties;

(3) Counsel them on the provident use of the fruits of

their labor for the enrichment of their lives and the

improvement of their economic security; and

(4) Protect their general well-being against exploitation

by management or unions as well as against conditions

of their work prejudicial to their health, education, or

morals.

TITLE VII C hild and Youth Welfare and the State

CHAPTER I R egulation of Child and Youth Welfare

Services

ARTICLE 117. Classification of Child and Youth Welfare

Agencies. — Public and private child welfare agencies

providing encouragement, care, and protection to any

category of children and youth whether mentally gifted,

dependent, abandoned, neglected, abused, handicapped,

disturbed or youthful offenders, classified and defined as

follows, shall be coordinated by the Department of Social

Welfare:

(1) A child-caring institution is one that provides

twenty-four hour resident group care service for the

physical, mental, social and spiritual well-being of nine or

more mentally gifted, dependent, abandoned, neglected,

handicapped or disturbed children, or youthful offenders.

An institution, whose primary purpose is education, is

deemed to be a child-caring institution when nine or

more of its pupils or wards in the ordinary course of

events do not return annually to the homes of their

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parents or guardians for at least two months of summer

vacation.

(2) A detention home is a twenty-four hour child-caring

institution providing short term resident care for youthful

offenders who are awaiting court disposition of their

cases or transfer to other agencies or jurisdiction.

(3) A shelter-care institution is one that provides

temporary protection and care to children requiring

emergency reception as a result of fortuitous events,

abandonment by parents, dangerous conditions of

neglect or cruelty in the home, being without adult care

because of crisis in the family, or a court order holding

them as material witnesses.

(4) Receiving homes are family-type homes which

provide temporary shelter from ten to twenty days for

children who shall during this period be under

observation and study for eventual placement by the

Department of Social Welfare. The number of children in

a receiving home shall not at any time exceed nine:

Provided, That not more than two of them shall be under

three years of age.

(5) A nursery is a child-caring institution that provides

care for six or more children below six years of age for all

or part of a twenty-four hour day, except those duly

licensed to offer primarily medical and educational

services.

(6) A maternity home is an institution or place of

residence whose primary function is to give shelter and

care to pregnant women and their infants before, during

and after delivery.

(7) A rehabilitation center is an institution that receives

and rehabilitates youthful offenders or other disturbed

children.

(8) A reception and study center is an institution that

receives for study, diagnosis, and temporary treatment,

children who have behavioral problems for the purpose of

determining the appropriate care for them or

recommending their permanent treatment or

rehabilitation in other child welfare agencies.

(9) A child-placing agency is an institution or person

assuming the care, custody, protection and maintenance

of children for placement in any child-caring institution or

home or under the care and custody of any person or

persons for purposes of adoption, guardianship or foster

care. The relatives of such child or children within the

sixth degree of consanguinity or affinity are excluded

from this definition.

ARTICLE 118. License Required. — No private person,

natural or juridical, shall establish, temporarily or

permanently, any child welfare agency without first

securing a license from the Department of Social Welfare.

Such license shall not be transferable and shall be used

only by the person or institution to which it was issued at

the place stated therein.

No license shall be granted unless the purpose or

function of the agency is clearly defined and stated in

writing. Such definition shall include the geographical

area to be served, the children to be accepted for care,

and the services to be provided.

If the applicant is a juridical person, it must be registered

in accordance with Philippine laws.

ARTICLE 119. Guiding Principles. — The protection and

best interests of the child or children therein shall be the

first and basic consideration in the granting, suspension

or revocation of the license mentioned in the preceding

article.

ARTICLE 120. Revocation or Suspension of License. —

The Department of Social Welfare may, after notice and

hearing, suspend or revoke the license of a child welfare

agency on any of the following grounds:

(1) That the agency is being used for immoral purposes;

(2) That said agency is insolvent or is not in a financial

position to support and maintain the children therein or

to perform the functions for which it was granted license;

(3) That the children therein are being neglected or are

undernourished;

(4) That the place is so unsanitary so as to make it unfit

for children;

(5) That said agency is located in a place or community

where children should not be, or is physically dangerous

to children or would unduly expose children to crime,

vice, immorality, corruption or severe cruelty; or

(6) That said agency has by any act or omission shown its

incompetence or unworthiness to continue acting as a

child welfare agency. During the period of suspension,

the agency concerned shall not accept or admit any

additional children. In any case, the Department of Social

Welfare shall make such order as to the custody of the

children under the care of such agency as the

circumstances may warrant. The suspension may last for

as long as the agency has not complied with any order of

the Department of Social Welfare to remove or remedy

the conditions which have risen to the suspension. The

aggrieved agency may appeal the suspension and/or

revocation in a proper court action. In such a case, the

court shall within fifteen days from the filing of the

Department of Social Welfare's answer, conduct a hearing

and decide the case, either by lifting the suspension, or

continuing it for such period of time as it may order, or by

revoking the license of the agency where the

Department of Social Welfare has proven there vocation

to be justified.

ARTICLE 121. Responsible Government Body. — The

governing body of a child welfare agency or institution

shall be composed of civic leaders or persons of good

standing in the community. The administrator must be a

competent person qualified by education or experience

or both to serve as such.

ARTICLE 122. Child-Caring Institution Serving as

Child-Placement Agency. — An association or

corporation may be both a child-caring institution and a

child-placement agency and it may be licensed to carry

out both types of service.

When a license also serves as a child-placement agency,

it shall maintain a staff equipped by training to make

thorough studies of every prospective family home. Staff

arrangements must also be made for continuing

supervision of the children staying in family homes so

long as the children remain in the legal custody of the

agency.

ARTICLE 123. Responsible Staff of Employees. — The

licensee shall choose its employees who shall be persons

of good health and character, and whenever possible, the

higher rank of employees shall in addition have training,

preferably in child psychology.

ARTICLE 124. Intake Study and Periodic Investigations.

— The licensee shall undertake investigations to

determine if the acceptance or continued stay of a child

in its institution is necessary. Each licensee shall make

provisions for continuing services, including social

casework for every child under its care.

ARTICLE 125. Records. — The licensee shall keep

confidential records of every child in its study. These

records shall be made available only to such persons as

may be authorized by the Department of Social Welfare

or by the proper court.

ARTICLE 126. Home Atmosphere. — Child welfare

agencies shall endeavor to provide the children with a

pleasant atmosphere that shall approximate as nearly as

possible the conditions of an ideal home. Vocational

rehabilitation shall also be provided in accordance with

existing law and the particular needs of the children.

ARTICLE 127. Adequate Diet. — The licensee shall provide

a varied and balanced diet to satisfy the child's total

nutritional requirements.

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ARTICLE 128. Clothing. — The licensee shall furnish clean,

comfortable, and appropriate clothing for every child

under its care.

ARTICLE 129. Physical Surroundings and Outings. — The

licensee shall maintain a building adequate both in

ventilation and sanitation, and with a safe, clean and

spacious playground.

Regular inexpensive periodic outing shall be an

important part of its activities in order to make the

children aware of their vital role in their community and

country.

ARTICLE 130. Medical and Nursing Care. — The licensee

shall provide adequate medical and nursing care for sick

children who may be confined due to illness.

ARTICLE 131. Religious Training. — The licensee shall

provide opportunities for religious training to children

under its custody, taking into consideration the religious

affiliation or express wishes of the child or his parents. For

such purpose, it shall have a defined policy regarding its

religious activities for the information of those wishing to

place children in its care.

ARTICLE 132. Annual Report. — Every child welfare

agency or institution shall submit to the Department of

Social Welfare an annual report setting forth a brief

summary of its operations during the preceding year,

including the funds received during said period, the

sources thereof, the purposes for which they were spent

and the cash position of the agency or institution as of

the date of the report, number of children admitted, and

such other information as may be required by the

Department of Social Welfare.

CHAPTER II C ollaboration Between the Home and the

State

ARTICLE 133. Healthy Growth of Children. — Pursuant to

its obligation to assist the parents in the proper

upbringing of the child, the State shall, whenever

possible, in collaboration and cooperation with local

government establish:

(1) Puericulture and similar centers;

(2) Juvenile courts;

(3) Child welfare agencies;

(4) Orphanages and other similar institutions; and

(5) Children's recreation centers.

ARTICLE 134. Puericulture or Health Centers. —

Puericulture or health centers shall be established in

every barangay to perform, among other things, the

following functions:

(1) Disseminate information concerning the health of

children and expectant or nursing mothers;

(2) Provide consultation service and treatment, whenever

necessary, for the children and the expectant or nursing

mothers;

(3) Provide guidance and special treatment to children

with physical handicaps; and

(4) Advise child welfare institutions on matters relating to

nutrition and hygiene.

ARTICLE 135. Juvenile and Domestic Relations Courts. —

Juvenile and Domestic Relations Courts shall, as far as

practicable, be established in every province or city to

hear and decide cases involving juvenile and domestic

problems.

ARTICLE 136. Regional Child Welfare Agencies. — The

State shall, whenever practicable, establish regional child

welfare agencies, orphanages and other similar

institutions to provide care for the children mentioned in

Title VIII of this Code.

ARTICLE 137. Children' s Reading and Recreation

Centers. — The State shall establish in every barangay

reading centers and recreation centers where children

may meet and play together for their healthy growth and

their social and cultural development.

ARTICLE 138. Parent Education Program. — The

Department of Social Welfare shall from time to time

hold a Parent Education Congress, which shall aim to

enable parents to understand child growth and

development, parent-child relationship, family life, and

family-community relationship, and to improve their

ability to discharge their duties.

ARTICLE 139. Curfew Hours for Children. — City or

municipal councils may prescribe such curfew hours for

children as may be warranted by local conditions. The

duty to enforce curfew ordinances shall devolve upon the

parents or guardians and the local authorities.

Any parent or guardian found grossly negligent in the

performance of the duty imposed by this article shall be

admonished by the Department of Social Welfare or the

Council for the Protection of Children.

ARTICLE 140. State Aid in Case of Public Calamity. — In

case of earthquake, flood, storm, conflagration, epidemic,

or other calamity, the State shall give special assistance to

children whenever necessary. The Department of Social

Welfare shall take immediate custody of dependent

children and give temporary shelter to orphaned or

displaced children (who are separated from their parents

or guardian).

TITLE VIII S pecial Categories of Children

CHAPTER I D ependent, Abandoned and Neglected

Children

ARTICLE 141. Definition of Terms. — As used in this

Chapter:

(1) A dependent child is one who is without a parent,

guardian or custodian; or one whose parents, guardian or

other custodian for good cause desires to be relieved of

his care and custody; and is dependent upon the public

for support.

(2) An abandoned child is one who has no proper parental

care or guardianship, or whose parents or guardians have

deserted him for a period of at least six continuous

months.

(3) A neglected child is one whose basic needs have been

deliberately unattended or inadequately attended.

Neglect may be occur in two ways:

a) There is a physical neglect when the child is

malnourished, ill clad and without proper shelter.

A child is unattended when left by himself without

provisions for his needs and/or without proper

supervision.

b) Emotional neglect exists: when children are

maltreated, raped or seduced; when children are

exploited, overworked or made to work under conditions

not conducive to good health; or are made to beg in the

streets or public places, or when children are in moral

danger, or exposed to gambling, prostitution and other

vices.

(4) Commitment or surrender of a child is the legal act of

entrusting a child to the care of the Department of Social

Welfare or any duly licensed child placement agency or

individual.

Commitment may be done in the following manner:

a) Involuntary commitment, in case of a dependent child,

or through the termination of parental or guardianship

rights by reason of abandonment, substantial and

continuous or repeated neglect and/or parental

incompetence to discharge parental responsibilities, and

in the manner, form and procedure hereinafter

prescribed.

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b) Voluntary commitment, through the relinquishment of

parental or guardianship rights in the manner and form

hereinafter prescribed.

ARTICLE 142. Petition for Involuntary Commitment of a

Child: Venue. — The Department of Social Welfare

Secretary or his authorized representative or any duly

licensed child placement agency having knowledge of a

child who appears to be dependent, abandoned or

neglected, may file a verified petition for involuntary

commitment of said child to the care of any duly licensed

child placement agency or individual.

The petition shall be filed with the Juvenile and Domestic

Relations Court, if any, or with the Court of First Instance

of the province or City Court in which the parents or

guardian resides or the child is found.

ARTICLE 143. Contents of Petition: Verification. — The

petition for commitment must state so far as known to

the petitioner:

(1) The facts showing that the child is dependent,

abandoned, or neglected;

(2) The names of the parent or parents, if known, and

their residence. If the child has no parent or parents

living, then the name and residence of the guardian, if

any; and

(3) The name of the duly licensed child placement agency

or individual to whose care the commitment of the child

is sought.

The petition shall be verified and shall be sufficient if

based upon the information and belief of the petitioner.

ARTICLE 144. Court to Set Time for Hearing: Summons.

— When a petition or commitment is filed, the court shall

fix a date for the hearing thereof. If it appears from the

petition that one or both parents of the child, or the

guardian, resides in province or city, the clerk of court

shall immediately issue summons, together with a copy

of the petition, which shall be served on such parent or

guardian not less than two days before the time fixed for

the hearing. Such summons shall require them to appear

before the court on the date mentioned.

ARTICLE 145. When Summons Shall Not Be Issued. —

The summons provided for in the next preceding article

shall not be issued and the court shall thereupon proceed

with the hearing of the case if it appears from the petition

that both parents of the child are dead or that neither

parent can be found in the province or city and that the

child has no guardian residing therein.

ARTICLE 146. Representation of Child. — If it appears

that neither of the parents nor the guardian of the child

can be found in the province or city, it shall be the duty of

the court to appoint some suitable person to represent

him.

ARTICLE 147. Duty of Fiscal. — The provincial or city fiscal

shall appear for the State, seeing to it that there has been

due notice to all parties concerned and that there is

justification for the declaration of dependency,

abandonment or neglect.

The legal services section of the Department of Social

Welfare, any recognized legal association, or any

appointed de officio counsel shall prepare the petition for

the Secretary of the Department of Social Welfare, his

representative or the head of the duly licensed child

placement agency, or the duly licensed individual and

represent him in court in all proceedings arising under

the provisions of this Chapter.

ARTICLE 148. Hearing. — During the hearing of the

petition, the child shall be brought before the court,

which shall investigate the facts and ascertain whether

he is dependent, abandoned, or neglected, and, if so, the

cause and circumstances of such condition. In such

hearing, the court shall not be bound by the technical

rules of evidence.

Failure to provide for the child's support for a period of six

months shall be presumptive evidence of the intent to

abandon.

ARTICLE 149. Commitment of Child. — If, after the

hearing, the child is found to be dependent, abandoned,

or neglected, an order shall be entered committing him

to the care and custody of the Department of Social

Welfare or any duly licensed child placement agency or

individual.

ARTICLE 150. When Child May Stay In His Own Home. —

If in the court's opinion the cases of the abandonment or

neglect of any child may be remedied, it may permit the

child to stay in his own home and under the care and

control of his own parents or guardian, subject to the

supervision and direction of the Department of Social

Welfare.

When it appears to the court that it is no longer for the

best interests of such child to remain with his parents or

guardian, it may commit the child in accordance with the

next preceding article.

ARTICLE 151. Termination of Rights of Parents. — When

a child shall have been committed to the Department of

Social Welfare or any duly licensed child placement

agency or individual pursuant to an order of the court, his

parents or guardian shall thereafter exercise no authority

over him except upon such conditions as the court may

impose.

ARTICLE 152. Authority of Person, Agency or Institution.

— The Department of Social Welfare or any duly licensed

child placement agency or individual receiving a child

pursuant to an order of the court shall be the legal

guardian and entitled to his legal custody and control, be

responsible for his support as defined by law, and when

proper, shall have authority to give consent to his

placement, guardianship and/or adoption.

ARTICLE 153. Change of Custody. — The Department of

Social Welfare shall have the authority to change the

custody of a child committed to any duly licensed child

placement agency or individual if it appears that such

change is for the best interests of the child. However,

when conflicting interests arise among child placement

agencies the court shall order the change of

commitment of the child.

ARTICLE 154. Voluntary Commitment of a Child to an

Institution. — The parent or guardian of a dependent,

abandoned or neglected child may voluntarily commit

him to the Department of Social Welfare or any duly

licensed child placement agency or individual subject to

the provisions of the next succeeding articles.

ARTICLE 155. Commitment Must Be in Writing. — No

child shall be committed pursuant to the preceding

article unless he is surrendered in writing by his parents

or guardian to the care and custody of the Department of

Social Welfare or duly licensed child placement agency. In

case of the death or legal incapacity of either parent or

abandonment of the child for a period of at least one year,

the other parent alone shall have the authority to make

the commitment. the Department of Social Welfare, or

any proper and duly licensed child placement agency or

individual shall have the authority to receive, train,

educate, care for or arrange appropriate placement of

such child.

ARTICLE 156. Legal Custody. — When any child shall have

been committed in accordance with the preceding article

and such child shall have been accepted by the

Department of Social Welfare or any duly licensed child

placement agency or individual, the rights of his natural

parents, guardian, or other custodian to exercise parental

authority over him shall cease. Such agency or individual

shall be entitled to the custody and control of such child

during his minority, and shall have authority to care for,

educate, train and place him out temporarily or for

custody and care in a duly licensed child placement

agency. Such agency or individual may intervene in

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adoption proceedings in such manner as shall best inure

to the child's welfare.

ARTICLE 157. Visitation or Inspection. — Any duly

licensed child placement agency or individual receiving a

judicial order or by voluntary commitment by his parents

or guardian shall be subject to visitation or inspection by

a representative of the court or of the Department of

Social Welfare or both, as the case may be.

ARTICLE 158. Report of Person or Institution. — Any duly

licensed child placement agency or individual receiving a

child for commitment may at any time be required by the

Department of Social Welfare to submit a report, copy

furnished the court, containing all necessary information

for determining whether the welfare of the child is being

served.

ARTICLE 159. Temporary Custody of Child. — Subject to

regulation by the Department of Social Welfare and with

the permission of the court in case of judicial

commitment, the competent authorities of any duly

licensed child placement agency or individual to which a

child has been committed may place him in the care of

any suitable person, at the latter's request, for a period

not exceeding one month at a time.

The temporary custody of the child shall be discontinued

if it appears that he is not being given proper care, or at

his own request, or at the instance of the agency or

person receiving him.

ARTICLE 160. Prohibited Acts. — It shall be unlawful for

any child to leave the person or institution to which he

has been judicially or voluntarily committed or the person

under whose custody he has been placed in accordance

with the next preceding article, or for any person to

induce him to leave such person or institution, except in

case of grave physical or moral danger, actual or

imminent, to the child.

Any violation of this article shall be punishable by an

imprisonment of not more than one year or by a fine of

not more than two thousand pesos, or both such fine and

imprisonment at the discretion of the court: Provided,

That if the violation is committed by a foreigner, he shall

also be subject to deportation.

If the violation is committed by a parent or legal guardian

of the child, such fact shall aggravate or mitigate the

offense as circumstances shall warrant.

ARTICLE 161. Duty to Report Abandonment. — When the

parents or persons entitled to act as guardian of a child

are dead or, if living, have abandoned him, for no valid

reason, for at least six months in a duly licensed child

placement agency or hospital, or left him with any other

person for the same period without providing for his care

and support, such fact shall be reported immediately to

the Department of Social Welfare. In case of a child left in

a hospital, immediate transfer of the child to the

Department of Social Welfare or any duly licensed child

placement agency must be arranged. The Department of

Social Welfare shall make provisions for the adequate

care and support of the child and shall take such action

as it may deem proper for his best interests.

ARTICLE 162. Adoption of Dependent or Abandoned or

Neglected Child. — Upon the filing of an application by

any person to adopt a dependent, abandoned or

neglected child in the custody of any institution or

individual mentioned in Article 156, it shall be the duty of

the provincial or city fiscal, any recognized legal

association, or any appointed de officio counsel upon

being informed of such fact, to represent the Department

of Social Welfare in the proceedings. The costs of such

proceedings shall be d e officio.

ARTICLE 163. Restoration of Child After Involuntary

Commitment. — The parents or guardian of a child

committed to the care of a person, agency or institution

by judicial order may petition the proper court for the

restoration of his rights over the child: Provided, That the

child in the meantime, has not been priorly given away in

adoption nor has left the country with the adopting

parents or the guardian. The petition shall be verified and

shall state that the petitioner is now able to take proper

care and custody of said child.

Upon receiving the petition, the court shall fix the time

for hearing the questions raised thereby and cause

reasonable notice thereof to be sent to the petitioner and

to the person, agency or institution to which the child has

been committed. At the trial, any person may be allowed,

at the discretion of the court, to contest the right to the

relief demanded, and witnesses may be called and

examined by the parties or by the court motu proprio. If it

is found that the cause for the commitment of the child

no longer exists and that the petitioner is already able to

take proper care and custody of the child, the court, after

taking into consideration the best interests and the

welfare of the child, shall render judgment restoring

parental authority to the petitioner.

ARTICLE 164. Restoration After Voluntary Commitment.

— Upon petition filed with the Department of Social

Welfare the parent or parents or guardian who voluntarily

committed a child may recover legal custody and

parental authority over him from the agency, individual or

institution to which such child was voluntarily committed

when it is shown to the satisfaction of the Department of

Social Welfare that the parent, parents or guardian is in a

position to adequately provide for the needs of the child:

Provided, That, the petition for restoration is filed within

six months after the surrender.

In all cases, the person, agency or institution having legal

custody of the child shall be furnished with a copy of the

petition and shall be given the opportunity to be heard.

ARTICLE 165. Removal of Custody. — A petition to

transfer custody of a child may be filed against a person

or child welfare agency to whose custody a child has

been committed by the court based on neglect of such

child as defined in Article 141(3). If the court, after notice

and hearing, is satisfied that the allegations of the

petition are true and that it is for the best interest and

welfare of the child the court shall issue an order taking

him from the custody of the person or agency, as the

case may be, and committing him to the custody of

another duly licensed child placement agency or

individual.

The license of the agency or individual found guilty of

such neglect may be suspended or revoked, as the court

may deem proper, in the same proceeding.

ARTICLE 166. Report of Maltreated or Abused Child. —

All hospitals, clinics and other institutions as well as

private physicians providing treatment shall, within

forty-eight hours from knowledge of the case, report in

writing to the city or provincial fiscal or to the Local

Council for the Protection of Children or to the nearest

unit of the Department of Social Welfare, any case of a

maltreated or abused child, or exploitation of an

employed child contrary to the provisions of labor laws. It

shall be the duty of the Council for the Protection of

Children or the unit of the Department of Social Welfare

to whom such a report is made to forward the same to

the provincial or city fiscal.

Violation of this provision shall subject the hospital, clinic,

institution, or physician who fails to make such report to a

fine of not more than two thousand pesos.

In cases of sexual abuse, the records pertaining to the

case shall be kept strictly confidential and no information

relating thereto shall be disclosed except in connection

with any court or official proceeding based on such

report. Any person disclosing confidential information in

violation of this provision shall be punished by a fine of

not less than one hundred pesos nor more than five

thousand pesos, or by imprisonment for not less than

thirty days nor more than one year, or both such fine and

imprisonment, at the discretion of the court.

ARTICLE 167. Freedom from Liability of Reporting

Person or Institution. — Persons, organizations,

physicians, nurses, hospitals, clinics and other entities

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which shall in good faith report cases of child abuse,

neglect, maltreatment or abandonment or exposure to

moral danger be free from any civil or criminal liability

arising therefrom.

CHAPTER II M entally Retarded, Physically

Handicapped, Emotionally Disturbed and Mentally Ill

Children

ARTICLE 168. Mentally Retarded Children. — Mentally

retarded children are (1) socially incompetent, that is,

socially inadequate and occupationally incompetent and

unable to manage their own affairs; (2) mentally

subnormal; (3) retarded intellectually from birth or early

age; (4) retarded at maturity; (5) mentally deficient as a

result of constitutional origin, through hereditary or

disease, and (6) essentially incurable.

ARTICLE 169. Classification of Mental Retardation. —

Mental Retardation is divided into four classifications:

(1) Custodial Group. The members of this classification are

severely or profoundly retarded, hence, the least capable

group. This includes those with I.Qs to 25.

(2) Trainable Group. The members of this group consist of

those with I.Qs from about 25 to about 50; one who

belongs to this group shows a mental level and rate of

development which is 1/4 to 1/2 that of the average child,

is unable to acquire higher academic skills, but can

usually acquire the basic skills for living to a reasonable

degree. He can likewise attain a primary grade level of

education if he receives effective instruction.

(3) Educable Group. This group's I.Q. ranges from about

50 to about 75, and the intellectual development is

approximately 1/2 to 3/4 of that expected of a normal child

of the same chronological age. The degree of success or

accomplishment that they will reach in life depends very

much on the quality and type of education they receive,

as well as on the treatment at home and in the

community. Many of the educable retardates may reach

5th or 6th grade educational level and can develop

occupational skills which may result in partial or

complete economic independence in adulthood.

(4) Borderline or Low Normal Group. This is the highest

group of mentally retarded, with I.Qs from about 75 to

about 89. The members of this classification are only

slightly retarded and they can usually get by in regular

classes if they receive some extra help, guidance and

consideration. They have to spend much more time with

their studies than do most children in order to pass.

Those who cannot make it are usually handicapped by

one or more other conditions aside from that of

intelligence.

ARTICLE 170. Physically Handicapped Children. —

Physically handicapped children are those who are

crippled, deaf-mute, blind, or otherwise defective which

restricts their means of action or communication with

others.

ARTICLE 171. Emotionally Disturbed Children. —

Emotionally disturbed children are those who, although

not afflicted with insanity or mental defect, are unable to

maintain normal social relations with others and the

community in general due to emotional problems or

complexes.

ARTICLE 172. Mentally Ill Children. — Mentally ill children

are those with any behavioral disorder, whether

functional or organic, which is of such a degree of severity

as to require professional help or hospitalization.

ARTICLE 173. Admission of Disabled Children. — The

Department of Social Welfare, upon the application of the

parents or guardians and the recommendation of any

reputable diagnostic center or clinic, shall refer and/or

admit disabled children to any public or private

institution providing the proper care, training and

rehabilitation.

"Disabled children" as used in this Chapter shall include

mentally retarded, physically handicapped, emotionally

disturbed, and severe mentally ill children.

ARTICLE 174. Training and Opportunities for Disabled

Children. — Specialized educational services shall be

expanded and improved to provide appropriate

opportunities for disabled children. Vocational

rehabilitation and manpower conservation agencies shall

train disabled children for specialized types of jobs,

services and business which could be learned only by

them and shall help provide opportunities for their future

occupational placement. That the agencies and

organizations engaged in programs and services for the

disabled need not be limited to minors. Persons of legal

age may be admitted whenever facilities are available for

them.

ARTICLE 175. Planning of Programs and Services. —

Selected pilot demonstration projects needed by the

disabled children shall be developed and shall be the

basis for planning expanded programs and services

throughout the nation. There shall be established area

centers designed to bring together an aggregate of

services to serve all ages of the disabled within a specified

geographical area.

ARTICLE 176. Donations. — Donations to agencies and

organizations engaged in programs and services for

disabled children shall be deductible in accordance with

the provision of P residential Decree No. 507.

ARTICLE 177. Petition for Commitment. — Where a child

appears to be mentally retarded, physically handicapped,

emotionally disturbed, or mentally ill, and needs

institutional care but his parents or guardians are

opposed thereto, the Department of Social Welfare, or

any duly licensed child placement agency or individual

shall have the authority to file a petition for commitment

of the said child to any reputable institution providing

care, training and rehabilitation for disabled children.

The parents or guardian of the child may file a similar

petition in case no immediate placement can be

arranged for the disabled child when the welfare and

interest of the child is at stake.

ARTICLE 178. Venue. — The petition for commitment of a

disabled child shall be filed with the Juvenile and

Domestic Relations Court, if any, or with the Court of First

Instance of the province or City Court where the parent or

guardian resides or where the child is found.

ARTICLE 179. Contents of Petition. — The petition for

commitment must state so far as known to the petitioner:

(1) The facts showing that the child appears to be

mentally retarded, physically handicapped, emotionally

disturbed or mentally ill and needs institutional care;

(2) The fact that the parents or guardian or any duly

licensed disabled child placement agency, as the case

may be, has opposed the commitment of such child;

(3) The name of the parents and their residence, if known

or if the child has no parents or parent living, the names

and residence of the guardian, if any; and

(4) The name of the institution where the child is to be

committed.

The petition shall be verified and shall be sufficient if

based upon the information and belief of the petitioner.

ARTICLE 180. Order of Hearing. — If the petition filed is

sufficient in form and substance, the court, by an order

reciting the purpose of the petition, shall fix the date for

the hearing thereof, and a copy of such order shall be

served on the child alleged to be mentally retarded, or

physically handicapped, or emotionally disturbed, or

mentally ill, and on the person having charge of him or

any of his relatives residing in the province or city as the

judge may deem proper. The court shall furthermore

order the sheriff to produce, if possible, the alleged

disabled child on the date of the hearing.

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ARTICLE 181. Hearing and Judgment. — Upon

satisfactory proof that the institutional care of the child is

for him or the public welfare and that his parents, or

guardian or relatives are unable for any reason to take

proper care of him, the Court shall order his commitment

to the proper institution for disabled children.

ARTICLE 182. Disposition of Property or Money. — The

Court, in its order of commitment, shall make proper

provisions for the custody of property or money

belonging to the committed child.

ARTICLE 183. Findings and Other Data. — The Court

shall furnish the institution to which the child has been

committed with a copy of its judgment, together with all

the social and other data pertinent to the case.

ARTICLE 184. Expenses. — The expense of maintaining a

disabled child in the institution to which he has been

committed shall be borne primarily by the parents or

guardian and secondarily, by such disabled child, if he has

property of his own.

In all cases where the expenses for the maintenance of

the disabled child cannot be paid in accordance with the

next preceding paragraph, the same, or such part thereof

as may remain unpaid, shall be borne by the Department

of Social Welfare.

ARTICLE 185. Children with Cerebral Palsy. — Children

afflicted with cerebral palsy shall be committed to the

institution which under the circumstances of the

particular child concerned is best equipped to treat and

care for him.

ARTICLE 186. Discharge of Child Judicially Committed.

— The Court shall order the discharge of any child

judicially committed to an institution for disabled

children if it is certified by the Department of Social

Welfare that:

(1) He has been certified by the duly licensed disabled

child placement agency to be no longer a hazard to

himself or to the community;

(2) He has been sufficiently rehabilitated from his physical

handicap or, if of work age, is already fit to engage in a

gainful occupation; or

(3) He has been relieved of his emotional problems and

complexes and is ready to assume normal social relations.

ARTICLE 187. Discharge of Child Voluntarily Committed.

— Any child voluntarily committed to an institution for

disabled children may be discharged by the Department

of Social Welfare motu proprio or upon the request of his

parents or guardian on any of the grounds specified in

the preceding article. In the latter case,the Department of

Social Welfare may refuse to discharge the child if, in its

opinion, his release would be prejudicial to him or to the

community.

ARTICLE 188. Assistance of Fiscal. — The provincial or

city fiscal shall represent the Department of Social

Welfare or any recognized legal association in all judicial

matters arising under the provisions of this Chapter.

CHAPTER III Y outhful Offenders

ARTICLE 189. Youthful Offender. Defined. — A youthful

offender is a child, minor or youth, including one who is

emancipated in accordance with law, who is over nine

years but under eighteen years of age at the time of the

commission of the offense.

A Child nine years of age or under at the time of the

commission of the offense shall be exempt from criminal

liability and shall be committed to the care of his or her

father or mother, or nearest relative or family friend in the

discretion of the court and subject to its supervision. The

same shall be done for a child over nine years and under

fifteen years of age at the time of the commission of the

offense, unless he acted with discernment, in which case

he shall be proceeded against in accordance with Article

192.

The provisions of Article 80 of the Revised Penal Code are

hereby repealed by the provisions of this Chapter. (as

amended by PD 1179)

ARTICLE 190. Physical and Mental Examination. — It

shall be the duty of the law-enforcement agency

concerned to take the youthful offender, after his

apprehension, to any available government medical or

health officer in the area for a physical and mental

examination. Whenever treatment for any physical or

mental defect is indicated, steps shall be immediately

undertaken to provide the same.

The examination and treatment papers shall form part of

the record of the case of the youthful offender. (as

amended by PD 1179)

ARTICLE 191. Care of Youthful Offender Held for

Examination or Trial. — A youthful offender held for

physical and mental examination or trial or pending

appeal, if unable to furnish bail, shall from the time of his

arrest be committed to the care of the Dept. of Social

Services and Development, or the local rehabilitation

center or a detention home in the province or city which

shall be responsible for his appearance in court whenever

required: Provided, that in the absence of any such center

or agency within a reasonable distance from the venue of

the trial, the provincial, city and municipal jail shall

provide quarters for youthful offenders separate from

other detainees. The court may, in its discretion upon

recommendation of the Department of Social Services &

Dev. or other agency or agencies authorized by the court,

release a youthful offender on recognizance, to the

custody of his parents or other suitable person who shall

be responsible for his appearance whenever required.

However, in the case of those whose cases fall under the

exclusive jurisdiction of the Military Tribunals, they may

be committed at any military detention or rehabilitation

center. ( as amended by PD 1210)

ARTICLE 192. Suspension of Sentence and Commitment

of Youthful Offender. — If after hearing the evidence in

the proper proceedings, the court should find that the

youthful offender has committed the acts charged

against him, the court, shall determine the imposable

penalty, including any civil liability chargeable against

him. However, instead of pronouncing judgment of

conviction, the court upon application of the youthful

offender and if it finds that the best interest of the public

as well as that of the offender will be served thereby, may

suspend all further proceedings and commit such minor

to the custody or care of the Dept. of Social Services &

Dev. or to any training institution operated by the

government or any other responsible person until he shall

have reached twenty one years of age, or for a shorter

period as the court may deem proper, after considering

the reports and recommendations of the Department of

Social Services and Dev. or the government training

institution or responsible person under whose care he

has been committed. cd

Upon receipt of the application of the youthful offender

for suspension of his sentence, the court may require the

Dept. of Social Services & Dev. to prepare and submit to

the court a social case study report over the offender and

his family.

The Youthful offender shall be subject to visitation and

supervision by a representative of the Department of

Social Services and Dev. or government training

institution as the court may designate subject to such

conditions as it may prescribe.

The benefits of this article shall not apply to a youthful

offender who has once enjoyed suspension of sentence

under its provisions or to one who is convicted of an

offense punishable by death or life imprisonment or to

one who is convicted for an offense by the Military

Tribunals. ( as amended by PD 1179, 1210)

ARTICLE 193. Appeal. — The order of the court denying

an application for suspension of sentence under the

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provisions of Article 192 above shall not be appealable. (as

amended by PD 1179)

ARTICLE 194. Care and Maintenance of Youthful

Offender. — The expenses for the care and maintenance

of the youthful offender whose sentence has been

suspended shall be borne by his parents or those persons

liable to support him: Provided, That in case his parents or

those persons liable to support him can not pay all or part

of said expenses, the municipality in which the offense

was committed shall pay one-third of said expenses or

part thereof; the province to which the municipality

belongs shall pay one-third; and the remaining one-third

shall be borne by the National Government. Chartered

cities shall pay two-thirds of said expenses; and in case a

chartered city cannot pay said expenses, part of the

internal revenue allotments applicable to the unpaid

portion shall be withheld and applied to the settlement of

said indebtedness.

All city and provincial governments must exert efforts for

the immediate establishment of local detention homes

for youthful offenders.

ARTICLE 195. Report on Conduct of Child. — The

Department of Social Welfare or its representative or duly

licensed agency or individual under whose care the

youthful offender has been committed shall submit to

the court every four months or oftener as may be

required in special cases, a written report on the conduct

of said youthful offender as well as the intellectual,

physical, moral, social and emotional progress made by

him.

ARTICLE 196. Dismissal of the Case. — If it is shown to

the satisfaction of the court that the youthful offender

whose sentence has been suspended, has behaved

properly and has shown his capability to be a useful

member of the community, even before reaching the age

of majority, upon recommendation of the Department of

Social Welfare, it shall dismiss the case and order his final

discharge.

ARTICLE 197. Return of the Youth Offender to Court. —

Whenever the youthful offender has been found

incorrigible or has willfully failed to comply with the

conditions of his rehabilitation programs, or should his

continued stay in the training institution be inadvisable,

he shall be returned to the committing court for the

pronouncement of judgment.

When the youthful offender has reached the age of

twenty-one while in commitment, the court shall

determine whether to dismiss the case in accordance

with the next preceding article or to pronounce the

judgment conviction. In the latter case, the convicted

offender may apply for probation under the provisions of

Presidential Decree Numbered Nine Hundred and

Sixty-Eight.

In any case covered by this article, the youthful offender

shall be credited in the service of his sentence with the

full time spent in actual commitment and detention

effected under the provisions of this Chapter. (as

amended by PD 1179)

ARTICLE 198. Effect of Release of Child Based on Good

Conduct. — The final release of a child pursuant to the

provisions of this Chapter shall not obliterate his civil

liability for damages. Such release shall be without

prejudice to the right for a writ of execution for the

recovery of civil damages.

ARTICLE 199. Living Quarters for Youthful Offenders

Sentence. — When a judgment of conviction is

pronounced in accordance with the provisions of Article

197, and at the time of said pronouncement the youthful

offender is still under twenty-one, he shall be committed

to the proper penal institution to serve the remaining

period of his sentence: Provided, That penal institutions

shall provide youthful offenders with separate quarters

and, as far as practicable, group them according to

appropriate age levels or other criteria as will insure their

speedy rehabilitation: Provided, further, That the Bureau

of Prisons shall maintain agricultural and forestry camps

where youthful offenders may serve their sentence in lieu

of confinement in regular penitentiaries.

ARTICLE 200. Records of Proceedings. — Where a

youthful offender has been charged before any city or

provincial fiscal or before any municipal judge and the

charges have been ordered dropped, all the records of the

case shall be considered as privileged and may not be

disclosed directly or indirectly to any one for any purpose

whatsoever.

Where a youthful offender has been charged and the

court acquits him, or dismisses the case or commits him

to an institution and subsequently releases him pursuant

to this Chapter, all the records of his case shall also be

considered as privileged and may not be disclosed

directly or indirectly to anyone except to determine if a

defendant may have his sentence suspended under

Article 192 of this Decree or if he may be granted

probation under the provisions of Presidential Decree

Numbered Nine Hundred and Sixty-Eight or to enforce

his civil liability, if said liability has been imposed in the

criminal action. The youthful offender concerned shall not

be held under any provision of law to be guilty of perjury

or of concealment or misrepresentation by reason of his

failure to acknowledge the case or recite any fact related

thereto in response to any inquiry made to him for any

purpose.

'Records' within the meaning of this article shall include

those which may be in the files of the National Bureau of

Investigation and with any police department, or any

other government agency which may have been involved

in the case. ( as amended by PD 1179)

ARTICLE 201. Civil Liability of Youthful Offenders. — The

civil liability for acts committed by a youthful offender

shall devolve upon the offender's father and, in case of his

death or incapacity, upon the mother, or in case of her

death or incapacity, upon the guardian. Civil liability may

also be voluntarily assumed by a relative or family friend

of the youthful offender.

ARTICLE 202. Rehabilitation Centers. — The Department

of Social Welfare shall establish regional rehabilitation

centers for youthful offenders. The local government and

other non-governmental entities shall collaborate and

contribute their support for the establishment and

maintenance of these facilities.

ARTICLE 203. Detention Homes. — The Department of

Local Government and Community Development shall

establish detention homes in cities and provinces distinct

and separate from jails pending the disposition of cases

of juvenile offenders.

ARTICLE 204. Liability of Parents or Guardian or Any

Person in the Commission of Delinquent Acts by Their

Children or Wards. — A person whether the parent or

guardian of the child or not, who knowingly or wilfully,

(1) Aids, causes, abets or connives with the commission by

a child of a delinquency, or

(2) Does any act producing, promoting, or contributing to

a child's being or becoming a juvenile delinquent, shall

be punished by a fine not exceeding five hundred pesos

or to imprisonment for a period not exceeding two years,

or both such fine and imprisonment, at the discretion of

the court.

TITLE IX Council for the Welfare of Children and

Youth

CHAPTER I C reation and Composition

ARTICLE 205. Creation of the Council for the Welfare of

Children. — A Council for the Welfare of Children is

hereby established under the Office of the President. The

Council shall be composed of the Secretary of Social

Welfare as Chairman, and seven members, namely: The

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Secretary of Justice, the Secretary of Labor, the Secretary

of Education and Culture, the Secretary of Health, the

Presiding Judge of the Juvenile and Domestic Relations

Court, City of Manila, and two representatives of voluntary

welfare associations to be appointed by the President of

the Philippines, each of whom shall hold office for a term

of two years.

There shall be a permanent Secretariat for the Council

headed by an Executive Director, to be appointed by the

Chairman and approved by a majority of the members of

the Council.

For actual attendance at regular meetings, the Chairman

and each member of the Council shall receive a per diem

of one hundred pesos for every meeting actually

attended, but the total amount of per diem that the

Chairman and a member may receive in a month shall in

no case exceed five hundred pesos.

ARTICLE 206. Appropriation. — The sum of five million

pesos is hereby appropriated, out of any funds in the

National Treasury not otherwise appropriated, for the

operation and maintenance of the Council for the Welfare

of Children and Youth during the fiscal year. Thereafter,

such sums as may be necessary for its operation and

maintenance shall be included in the General

Appropriations Decree.

CHAPTER II P owers and Responsibilities

ARTICLE 207. Powers and Functions. — The Council for

the Welfare of Children and Youth shall have the

following powers and functions:

(1) To coordinate the implementation and enforcement of

all laws relative to the promotion of child and youth

welfare;

(2) To prepare, submit to the President and circulate

copies of long-range programs and goals for the physical,

intellectual, emotional, moral, spiritual, and social

development of children and youth, and to submit to him

an annual report of the progress thereof;

(3) To formulate policies and devise, introduce, develop

and evaluate programs and services for the general

welfare of children and youth;

(4) To call upon and utilize any department, bureau,

office, agency, or instrumentality, public, private or

voluntary, for such assistance as it may require in the

performance of its functions;

(5) Perform such other functions as provided by law.

ARTICLE 208. Offices to Coordinate with the Council for

Welfare of Children. — The following offices and

agencies shall coordinate with the Council for the Welfare

of Children and Youth in the implementation of laws and

programs on child and youth welfare:

(1) Department of Justice

(2) Department of Social Welfare

(3) Department of Education and Culture

(4) Department of Labor

(5) Department of Health

(6) Department of Agriculture

(7) Department of Local Government and Community

Development;

(8) Local Councils for the Protection of Children; and such

other government and private agencies which have

programs on child and youth welfare.

Existing as well as proposed programs of the

above-named agencies as well as other government and

private child and youth welfare agencies as may be

hereafter created shall be implemented by such agencies:

Provided, That, with the exception of those proposed by

the Local Councils for the Protection of Children, all

long-range child and youth welfare programs shall,

before implementation, be indorsed by the agencies

concerned to their respective departments, which shall in

turn indorse the same to the Council for the Welfare of

Children and Youth, for evaluation, cooperation and

coordination.

CHAPTER III I mplementation of Code and

Rule-Making Authority

ARTICLE 209. Implementation of this Code and

Rule-Making Authority. — The enforcement and

implementation of this Code shall be the primary

responsibility of the Council for the Welfare of Children.

Said Council shall have authority to promulgate the

necessary rules and regulations for the purpose of

carrying into effect the provisions of this Code.

Final Provisions

ARTICLE 210. General Penalty. — Violations of any

provisions of this Code for which no penalty is specifically

provided shall be punished by imprisonment not

exceeding one month or a fine not exceeding two

hundred pesos, or both such fine and imprisonment at

the discretion of the court, unless a higher penalty is

provided for in the Revised Penal Code or special laws.

ARTICLE 211. Repealing Clause. — All laws or parts of any

laws inconsistent with the provisions of this Code are

hereby repealed or modified accordingly:P rovided, That

the provisions of the Dangerous Drugs Act of 1972 and

amendments thereto shall continue to be in force and

shall not be deemed modified or repealed by any

provision of this Code.

ARTICLE 212. Separability Clause. — If any provision of

this Code is held invalid, the other provisions not affected

thereby shall continue in operation.

ARTICLE 213. Effectivity Clause. — This Code shall take

effect six months after its approval.

DONE in the City of Manila, this 10th day of December, in

the year of Our Lord, Nineteen Hundred and

Seventy-Four.

(Child and Youth Welfare Code, Presidential Decree No.

603, [December 10, 1974])

RA No 8043 | Inter-Country

Adoption Act of 1995

June 7, 1995

AN ACT ESTABLISHING THE RULES TO GOVERN

INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN,

AND FOR OTHER PURPOSES

ARTICLE I G eneral Provisions

SECTION 1. Short Title. — This Act shall be known as the

"Inter-Country Adoption Act of 1995."

SECTION 2. Declaration of Policy. — It is hereby declared

the policy of the State to provide every neglected and

abandoned child with a family that will provide such child

with love and care as well as opportunities for growth and

development. Towards this end, efforts shall be exerted to

place the child with an adoptive family in the Philippines.

However, recognizing that inter-country adoption may be

considered as allowing aliens, not presently allowed by

law to adopt Filipino children if such children cannot be

adopted by qualified Filipino citizens or aliens, the State

shall take measures to ensure that inter-country

adoptions are allowed when the same shall prove

beneficial to the child's best interests, and shall serve and

protect his/her fundamental rights.

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SECTION 3. Definition of Terms. — As used in this Act, the

term:

a) Inter-country adoption refers to the socio-legal process

of adopting a Filipino child by a foreigner or a Filipino

citizen permanently residing abroad where the petition is

filed, the supervised trial custody is undertaken, and the

decree of adoption is issued outside the Philippines.

b) Child means a person below fifteen (15) years of age

unless sooner emancipated by law.

c) Department refers to the Department of Social Welfare

and Development of the Republic of the Philippines.

d) Secretary refers to the Secretary of the Department of

Social Welfare and Development.

e) Authorized and accredited agency refers to the State

welfare agency or a licensed adoption agency in the

country of the adopting parents which provide

comprehensive social services and which is duly

recognized by the Department.

f) Legally-free child means a child who has been

voluntarily or involuntarily committed to the Department,

in accordance with the Child and Youth Welfare Code.

g) Matching refers to the judicious pairing of the adoptive

child and the applicant to promote a mutually satisfying

parent-child relationship.

h) B oard refers to the Inter-country Adoption Board.

ARTICLE II The Inter-Country Adoption Board

SECTION 4. The Inter-Country Adoption Board. — There

is hereby created the Inter-Country Adoption Board,

hereinafter referred to as the Board, to act as the central

authority in matters relating to inter-country adoption. It

shall act as the policy-making body for purposes of

carrying out the provisions of this Act, in consultation and

coordination with the Department, the different

child-care and placement agencies, adoptive agencies, as

well as non-governmental organizations engaged in

child-care and placement activities. As such, it shall:

a) Protect the Filipino child from abuse, exploitation,

trafficking and/or sale or any other practice in connection

with adoption which is harmful, detrimental, or

prejudicial to the child;

b) Collect, maintain, and preserve confidential

information about the child and the adoptive parents;

c) Monitor, follow up, and facilitate completion of

adoption of the child through authorized and accredited

agency;

d) Prevent improper financial or other gain in connection

with an adoption and deter improper practices contrary

to this Act;

e) Promote the development of adoption services

including post-legal adoption;

f) License and accredit child-caring/placement agencies

and collaborate with them in the placement of Filipino

children;

g) Accredit and authorize foreign adoption agency in the

placement of Filipino children in their own country; and

h) Cancel the license to operate and blacklist the

child-caring and placement agency or adoptive agency

involved from the accreditation list of the Board upon a

finding of violation of any provision under this Act.

SECTION 5. Composition of the Board. — The Board shall

be composed of the Secretary of the Department as ex

officio Chairman, and six (6) other members to be

appointed by the President for a nonrenewable term of

six (6) years: Provided, That there shall be appointed one

(1) psychiatrist or psychologist, two (2) lawyers who shall

have at least the qualifications of a regional trial court

judge, one (1) registered social worker and two (2)

representatives from non-governmental organizations

engaged in child-caring and placement activities. The

members of the Board shall receive a per diem allowance

of One thousand five hundred pesos (P1,500) for each

meeting attended by them: Provided, further, That no

compensation shall be paid for more than four (4)

meetings a month.

SECTION 6. Powers and Functions of the Board. — The

Board shall have the following powers and functions:

a) to prescribe rules and regulations as it may deem

reasonably necessary to carry out the provisions of this

Act, after consultation and upon favorable

recommendation of the different agencies concerned

with child-caring, placement, and adoption;

b) to set the guidelines for the convening of an

Inter-country Adoption Placement Committee which

shall be under the direct supervision of the Board;

c) to set the guidelines for the manner by which

selection/matching of prospective adoptive parents and

adoptive child can be made;

d) to determine a reasonable schedule of fees and

charges to be exacted in connection with the application

for adoption;

e) to determine the form and contents of the application

for inter-country adoption;

f) to formulate and develop policies, programs and

services that will protect the Filipino child from abuse,

exploitation, trafficking and other adoption practice that

is harmful, detrimental and prejudicial to the best interest

of the child;

g) to institute systems and procedures to prevent

improper financial gain in connection with adoption and

deter improper practices which are contrary to this Act;

h) to promote the development of adoption services,

including post-legal adoption services;

i) to accredit and authorize foreign private adoption

agencies which have demonstrated professionalism,

competence and have consistently pursued non-profit

objectives to engage in the placement of Filipino children

in their own country: Provided, That such foreign private

agencies are duly authorized and accredited by their own

government to conduct inter-country adoption: Provided,

however, That the total number of authorized and

accredited foreign private adoption agencies shall not

exceed one hundred (100) a year;

j) to take appropriate measures to ensure confidentiality

of the records of the child, the natural parents and the

adoptive parents at all times;

k) to prepare, review or modify, and thereafter,

recommend to the Department of Foreign Affairs,

Memoranda of Agreement respecting inter-country

adoption consistent with the implementation of this Act

and its stated goals, entered into, between and among

foreign governments, international organizations and

recognized international non-governmental

organizations;

l) to assist other concerned agencies and the courts in the

implementation of this Act, particularly as regards

coordination with foreign persons, agencies and other

entities involved in the process of adoption and the

physical transfer of the child; and

m) to perform such other functions on matters relating to

inter-country adoption as may be determined by the

President.

ARTICLE III P rocedure

SECTION 7. Inter-Country Adoption as the Last Resort.

— The Board shall ensure that all possibilities for adoption

of the child under the Family Code have been exhausted

and that inter-country adoption is in the best interest of

the child. Towards this end, the Board shall set up the

guidelines to ensure that steps will be taken to place the

child in the Philippines before the child is placed for

inter-country adoption: Provided, however, That the

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maximum number that may be allowed for foreign

adoption shall not exceed six hundred (600) a year for the

first five (5) years.

SECTION 8. Who May Be Adopted. — Only a legally free

child may be the subject of inter-country adoption. In

order that such child may be considered for placement,

the following documents must be submitted to the

Board:

a) Child study;

b) Birth certificate/foundling certificate;

c) Deed of voluntary commitment/decree of

abandonment/death certificate of parents;

d) Medical evaluation/history;

e) Psychological evaluation, as necessary; and

f) Recent photo of the child.

SECTION 9. Who May Adopt. — An alien or a Filipino

citizen permanently residing abroad may file an

application for inter-country adoption of a Filipino child if

he/she:

a) is at least twenty-seven (27) years of age and at least

sixteen (16) years older than the child to be adopted, at

the time of application unless the adopter is the parent

by nature of the child to be adopted or the spouse of such

parent;

b) if married, his/her spouse must jointly file for the

adoption;

c) has the capacity to act and assume all rights and

responsibilities of parental authority under his national

laws, and has undergone the appropriate counseling

from an accredited counselor in his/her country;

d) has not been convicted of a crime involving moral

turpitude;

e) is eligible to adopt under his/her national law;

f) is in a position to provide the proper care and support

and to give the necessary moral values and example to all

his children, including the child to be adopted;

g) agrees to uphold the basic rights of the child as

embodied under Philippine laws, the U.N. Convention on

the Rights of the Child, and to abide by the rules and

regulations issued to implement the provisions of this

Act;

h) comes from a country with whom the Philippines has

diplomatic relations and whose government maintains a

similarly authorized and accredited agency and that

adoption is allowed under his/her national laws; and

i) possesses all the qualifications and none of the

disqualifications provided herein and in other applicable

Philippine laws.

SECTION 10. Where to File Application. — An application

to adopt a Filipino child shall be filed either with the

Philippine Regional Trial Court having jurisdiction over

the child, or with the Board, through an intermediate

agency, whether governmental or an authorized and

accredited agency, in the country of the prospective

adoptive parents, which application shall be in

accordance with the requirements as set forth in the

implementing rules and regulations to be promulgated

by the Board.

The application shall be supported by the following

documents written and officially translated in English:

a) Birth certificate of applicant(s);

b) Marriage contract, if married, and divorce decree, if

applicable;

c) Written consent of their biological or adoptive children

above ten (10) years of age, in the form of sworn

statement;

d) Physical, medical and psychological evaluation by a

duly licensed physician and psychologist;

e) Income tax returns or any document showing the

financial capability of the applicant(s);

f) Police clearance of applicant(s);

g) Character reference from the local church/minister, the

applicant's employer and a member of the immediate

community who have known the applicant(s) for at least

five (5) years; and

h) Recent postcard-size pictures of the applicant(s) and

his immediate family.

The Rules of Court shall apply in case of adoption by

judicial proceedings.

SECTION 11. Family Selection/Matching. — No child shall

be matched to a foreign adoptive family unless it is

satisfactorily shown that the child cannot be adopted

locally. The clearance, as issued by the Board, with the

copy of the minutes of the meetings, shall form part of

the records of the child to be adopted. When the Board is

ready to transmit the Placement Authority to the

authorized and accredited inter-country adoption agency

and all the travel documents of the child are ready, the

adoptive parents, or any one of them, shall personally

fetch the child in the Philippines.

SECTION 12. Pre-adoptive Placement Costs. — The

applicant(s) shall bear the following costs incidental to

the placement of the child:

a) The cost of bringing the child from the Philippines to

the residence of the applicant(s) abroad, including all

travel expenses within the Philippines and abroad; and

b) The cost of passport, visa, medical examination and

psychological evaluation required, and other related

expenses.

SECTION 13. Fees, Charges and Assessments. — Fees,

charges, and assessments collected by the Board in the

exercise of its functions shall be used solely to process

applications for inter-country adoption and to support

the activities of the Board.

SECTION 14. Supervision of Trial Custody. — The

governmental agency or the authorized and accredited

agency in the country of the adoptive parents which filed

the application for inter-country adoption shall be

responsible for the trial custody and the care of the child.

It shall also provide family counseling and other related

services. The trial custody shall be for a period of six (6)

months from the time of placement. Only after the lapse

of the period of trial custody shall a decree of adoption be

issued in the said country, a copy of which shall be sent to

the Board to form part of the records of the child.

During the trial custody, the adopting parent(s) shall

submit to the governmental agency or the authorized

and accredited agency, which shall in turn transmit a

copy to the Board, a progress report of the child's

adjustment. The progress report shall be taken into

consideration in deciding whether or not to issue the

decree of adoption.

The Department of Foreign Affairs shall set-up a system

by which Filipino children sent abroad for trial custody are

monitored and checked as reported by the authorized

and accredited inter-country adoption agency as well as

the repatriation to the Philippines of a Filipino child

whose adoption has not been approved.

SECTION 15. Executive Agreements. — The Department

of Foreign Affairs, upon representation of the Board, shall

cause the preparation of Executive Agreements with

countries of the foreign adoption agencies to ensure the

legitimate concurrence of said countries in upholding the

safeguards provided by this Act.

ARTICLE IV P enalties

SECTION 16. Penalties. — a) Any person who shall

knowingly participate in the conduct or carrying out of an

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illegal adoption, in violation of the provisions of this Act,

shall be punished with a penalty of imprisonment

ranging from six (6) years and one (1) day to twelve (12)

years and/or a fine of not less than Fifty thousand pesos

(P50,000), but not more than Two hundred thousand

pesos (P200,000), at the discretion of the court. For

purposes of this Act, an adoption is illegal if it is effected

in any manner contrary to the provisions of this Act or

established State policies, its implementing rules and

regulations, executive agreements, and other laws

pertaining to adoption. Illegality may be presumed from

the following acts:

1) consent for an adoption was acquired through, or

attended by coercion, fraud, improper material

inducement;

2) there is no authority from the Board to effect adoption;

3) the procedures and safeguards placed under the law

for adoption were not complied with; and

4) the child to be adopted is subjected to, or exposed to

danger, abuse and exploitation.

b) Any person who shall violate established regulations

relating to the confidentiality and integrity of records,

documents and communications of adoption

applications, cases and processes shall suffer the penalty

of imprisonment ranging from one (1) year and one (1) day

to two (2) years, and/or a fine of not less than Five

thousand pesos (P5,000), but not more than Ten

thousand pesos (P10,000), at the discretion of the court.

A penalty lower by two (2) degrees than that prescribed

for the consummated felony under this Article shall be

imposed upon the principals of the attempt to commit

any of the acts herein enumerated.

Acts punishable under this Article, when committed by a

syndicate or where it involves two or more children shall

be considered as an offense constituting child trafficking

and shall merit the penalty of r eclusion perpetua.

Acts punishable under this Article are deemed

committed by a syndicate if carried out by a group of

three (3) or more persons conspiring and/or

confederating with one another in carrying out any of the

unlawful acts defined under this Article. Penalties as are

herein provided shall be in addition to any other penalties

which may be imposed for the same acts punishable

under other laws, ordinances, executive orders, and

proclamations.

SECTION 17. Public Officers as Offenders. — Any

government official, employee or functionary who shall

be found guilty of violating any of the provisions of this

Act, or who shall conspire with private individuals shall, in

addition to the above-prescribed penalties, be penalized

in accordance with existing civil service laws, rules and

regulations: Provided, That upon the filing of a case,

either administrative or criminal, said government official,

employee or functionary concerned shall automatically

suffer suspension until the resolution of the case.

ARTICLE V F inal Provisions

SECTION 18. Implementing Rules and Regulations. —

The Inter-country Adoption Board, in coordination with

the Council for the Welfare of Children, the Department

of Foreign Affairs, and the Department of Justice, after

due consultation with agencies involved in child-care and

placement, shall promulgate the necessary rules and

regulations to implement the provisions of this Act within

six (6) months after its effectivity.

SECTION 19. Appropriations. — The amount of Five

million pesos (P5,000,000) is hereby appropriated from

the proceeds of the Lotto for the initial operations of the

Board and subsequently the appropriations of the same

shall be included in the General Appropriations Act for

the year following its enactment.

SECTION 20. Separability Clause. — If any provision, or

part hereof, is held invalid or unconstitutional, the

remainder of the law or the provision not otherwise

affected, shall remain valid and subsisting.

SECTION 21. Repealing Clause. — Any law, decree,

executive order, administrative order or rules and

regulations contrary to, or inconsistent with the

provisions of this Act are hereby repealed, modified or

amended accordingly.

SECTION 22. Effectivity Clause. — This Act shall take

effect fifteen (15) days after its publication in two (2)

newspapers of general circulation.

Approved: June 7, 1995

(Inter-Country Adoption Act of 1995, Republic Act No.

8043, [June 7, 1995])

RA No 8552 | Domestic Adoption

Act of 1998

February 25, 1998

AN ACT ESTABLISHING THE RULES AND POLICIES ON

THE DOMESTIC ADOPTION OF FILIPINO CHILDREN

AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of

Representatives of the Philippines in Congress

assembled::

ARTICLE I GENERAL PROVISIONS

Section 1. Short Title. – This Act shall be known as the

"D omestic Adoption Act of 1998. "

Section 2. Declaration of Policies. – (a) It is hereby

declared the policy of the State to ensure that every child

remains under the care and custody of his/her parent(s)

and be provided with love, care, understanding and

security towards the full and harmonious development of

his/her personality. Only when such efforts prove

insufficient and no appropriate placement or adoption

within the child's extended family is available shall

adoption by an unrelated person be considered.

(b) In all matters relating to the care, custody and

adoption of a child, his/her interest shall be the

paramount consideration in accordance with the tenets

set forth in the United Nations (UN) Convention on the

Rights of the Child; UN Declaration on Social and Legal

Principles Relating to the Protection and Welfare of

Children with Special Reference to Foster Placement and

Adoption, Nationally and Internationally; and the Hague

Convention on the Protection of Children and

Cooperation in Respect of Intercountry Adoption. Toward

this end, the State shall provide alternative protection and

assistance through foster care or adoption for every child

who is neglected, orphaned, or abandoned.

(c) It shall also be a State policy to:

(i) Safeguard the biological parent(s) from making hurried

decisions to relinquish his/her parental authority over

his/her child;

(ii) Prevent the child from unnecessary separation from

his/her biological parent(s);

(iii) Protect adoptive parent(s) from attempts to disturb

his/her parental authority and custody over his/her

adopted child.

Any voluntary or involuntary termination of parental

authority shall be administratively or judicially declared so

as to establish the status of the child as "legally available

for adoption" and his/her custody transferred to the

Department of Social Welfare and Development or to any

duly licensed and accredited child-placing or child-caring

agency, which entity shall be authorized to take steps for

the permanent placement of the child;

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(iv) Conduct public information and educational

campaigns to promote a positive environment for

adoption;

(v) Ensure that sufficient capacity exists within

government and private sector agencies to handle

adoption inquiries, process domestic adoption

applications, and offer adoption-related services

including, but not limited to, parent preparation and

post-adoption education and counseling; and

(vi) Encourage domestic adoption so as to preserve the

child's identity and culture in his/her native land, and only

when this is not available shall intercountry adoption be

considered as a last resort.

Section 3. Definition of Terms. – For purposes of this Act,

the following terms shall be defined as:

(a) " Child" is a person below eighteen (18) years of age.

(b) "A child legally available for adoption" refers to a child

who has been voluntarily or involuntarily committed to

the Department or to a duly licensed and accredited

child-placing or child-caring agency, freed of the parental

authority of his/her biological parent(s) or guardian or

adopter(s) in case of rescission of adoption.

(c) "Voluntarily committed child" is one whose parent(s)

knowingly and willingly relinquishes parental authority to

the Department.

(d) "Involuntarily committed child" is one whose parent(s),

known or unknown, has been permanently and judicially

deprived of parental authority due to abandonment;

substantial, continuous, or repeated neglect; abuse; or

incompetence to discharge parental responsibilities.

(e) "Abandoned child" refers to one who has no proper

parental care or guardianship or whose parent(s) has

deserted him/her for a period of at least six (6) continuous

months and has been judicially declared as such.

(f) "Supervised trial custody" is a period of time within

which a social worker oversees the adjustment and

emotional readiness of both adopter(s) and adoptee in

stabilizing their filial relationship.

(g) "Department" refers to the Department of Social

Welfare and Development.

(h) "Child-placing agency" is a duly licensed and

accredited agency by the Department to provide

comprehensive child welfare services including, but not

limited to, receiving applications for adoption, evaluating

the prospective adoptive parents, and preparing the

adoption home study.

(i) "Child-caring agency" is a duly licensed and accredited

agency by the Department that provides twenty four

(24)-hour residential care services for abandoned,

orphaned, neglected, or voluntarily committed children.

(j) "Simulation of birth" is the tampering of the civil

registry making it appear in the birth records that a

certain child was born to a person who is not his/her

biological mother, causing such child to lose his/her true

identity and status.

ARTICLE II P RE-ADOPTION SERVICES

Section 4. Counseling Service. – The Department shall

provide the services of licensed social workers to the

following:

(a) Biological Parent(s) – Counseling shall be provided to

the parent(s) before and after the birth of his/her child. No

binding commitment to an adoption plan shall be

permitted before the birth of his/her child. A period of six

(6) months shall be allowed for the biological parent(s) to

reconsider any decision to relinquish his/her child for

adoption before the decision becomes irrevocable.

Counseling and rehabilitation services shall also be

offered to the biological parent(s) after he/she has

relinquished his/her child for adoption.

Steps shall be taken by the Department to ensure that no

hurried decisions are made and all alternatives for the

child's future and the implications of each alternative

have been provided.

(b) Prospective Adoptive Parent(s) – Counseling sessions,

adoption fora and seminars, among others, shall be

provided to prospective adoptive parent(s) to resolve

possible adoption issues and to prepare him/her for

effective parenting.

(c) Prospective Adoptee – Counseling sessions shall be

provided to ensure that he/she understands the nature

and effects of adoption and is able to express his/her

views on adoption in accordance with his/her age and

level of maturity.

Section 5. Location of Unknown Parent(s). – It shall be

the duty of the Department or the child-placing or

child-caring agency which has custody of the child to

exert all efforts to locate his/her unknown biological

parent(s). If such efforts fail, the child shall be registered

as a foundling and subsequently be the subject of legal

proceedings where he/she shall be declared abandoned.

Section 6. Support Services. – The Department shall

develop a pre-adoption program which shall include,

among others, the above mentioned services.

ARTICLE III ELIGIBILITY

Section 7. W ho May Adopt. – The following may adopt:

(a) Any Filipino citizen of legal age, in possession of full

civil capacity and legal rights, of good moral character,

has not been convicted of any crime involving moral

turpitude, emotionally and psychologically capable of

caring for children, at least sixteen (16) years older than

the adoptee, and who is in a position to support and care

for his/her children in keeping with the means of the

family. The requirement of sixteen (16) year difference

between the age of the adopter and adoptee may be

waived when the adopter is the biological parent of the

adoptee, or is the spouse of the adoptee's parent;

(b) Any alien possessing the same qualifications as above

stated for Filipino nationals: Provided, That his/her

country has diplomatic relations with the Republic of the

Philippines, that he/she has been living in the Philippines

for at least three (3) continuous years prior to the filing of

the application for adoption and maintains such

residence until the adoption decree is entered, that

he/she has been certified by his/her diplomatic or

consular office or any appropriate government agency

that he/she has the legal capacity to adopt in his/her

country, and that his/her government allows the adoptee

to enter his/her country as his/her adopted son/daughter:

Provided, Further, That the requirements on residency

and certification of the alien's qualification to adopt in

his/her country may be waived for the following:

(i) a former Filipino citizen who seeks to adopt a relative

within the fourth (4th) degree of consanguinity or affinity;

or

(ii) one who seeks to adopt the legitimate son/daughter of

his/her Filipino spouse; or

(iii) one who is married to a Filipino citizen and seeks to

adopt jointly with his/her spouse a relative within the

fourth (4th) degree of consanguinity or affinity of the

Filipino spouse; or

(c) The guardian with respect to the ward after the

termination of the guardianship and clearance of his/her

financial accountabilities.

Husband and wife shall jointly adopt, except in the

following cases:

(i) if one spouse seeks to adopt the legitimate

son/daughter of the other; or

(ii) if one spouse seeks to adopt his/her own illegitimate

son/daughter: Provided, However, that the other spouse

has signified his/her consent thereto; or

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(iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt, or one spouse

adopts the illegitimate son/daughter of the other, joint

parental authority shall be exercised by the spouses.

Section 8. Who May Be Adopted. – The following may be

adopted:

(a) Any person below eighteen (18) years of age who has

been administratively or judicially declared available for

adoption;

(b) The legitimate son/daughter of one spouse by the

other spouse;

(c) An illegitimate son/daughter by a qualified adopter to

improve his/her status to that of legitimacy;

(d) A person of legal age if, prior to the adoption, said

person has been consistently considered and treated by

the adopter(s) as his/her own child since minority;

(e) A child whose adoption has been previously rescinded;

or

(f) A child whose biological or adoptive parent(s) has died:

Provided, That no proceedings shall be initiated within six

(6) months from the time of death of said parent(s).

Section 9. Whose Consent is Necessary to the

Adoption. – After being properly counseled and informed

of his/her right to give or withhold his/her approval of the

adoption, the written consent of the following to the

adoption is hereby required:

(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) of the child, if known, or the

legal guardian, or the proper government instrumentality

which has legal custody of the child;

(c) The legitimate and adopted sons/daughters, ten (10)

years of age or over, of the adopter(s) and adoptee, if any;

(d) The illegitimate sons/daughters, ten (10) years of age or

over, of the adopter if living with said adopter and the

latter's spouse, if any; and

(e) The spouse, if any, of the person adopting or to be

adopted.

ARTICLE IV P ROCEDURE

Section 10. Hurried Decisions. – In all proceedings for

adoption, the court shall require proof that the biological

parent(s) has been properly counseled to prevent him/her

from making hurried decisions caused by strain or

anxiety to give up the child, and to sustain that all

measures to strengthen the family have been exhausted

and that any prolonged stay of the child in his/her own

home will be inimical to his/her welfare and interest.

Section 11. Case Study. – No petition for adoption shall be

set for hearing unless a licensed social worker of the

Department, the social service office of the local

government unit, or any child-placing or child-caring

agency has made a case study of the adoptee, his/her

biological parent(s), as well as the adopter(s), and has

submitted the report and recommendations on the

matter to the court hearing such petition.

At the time of preparation of the adoptee's case study,

the concerned social worker shall confirm with the Civil

Registry the real identity and registered name of the

adoptee. If the birth of the adoptee was not registered

with the Civil Registry, it shall be the responsibility of the

concerned social worker to ensure that the adoptee is

registered.

The case study on the adoptee shall establish that he/she

is legally available for adoption and that the documents

to support this fact are valid and authentic. Further, the

case study of the adopter(s) shall ascertain his/her

genuine intentions and that the adoption is in the best

interest of the child.

The Department shall intervene on behalf of the adoptee

if it finds, after the conduct of the case studies, that the

petition should be denied. The case studies and other

relevant documents and records pertaining to the

adoptee and the adoption shall be preserved by the

Department.

Section 12. Supervised Trial Custody. – No petition for

adoption shall be finally granted until the adopter(s) has

been given by the court a supervised trial custody period

for at least six (6) months within which the parties are

expected to adjust psychologically and emotionally to

each other and establish a bonding relationship. During

said period, temporary parental authority shall be vested

in the adopter(s).

The court may motu proprio or upon motion of any party

reduce the trial period if it finds the same to be in the

best interest of the adoptee, stating the reasons for the

reduction of the period. However, for alien adopter(s),

he/she must complete the six (6)-month trial custody

except for those enumerated in Sec. 7 (b) (i) (ii) (iii).

If the child is below seven (7) years of age and is placed

with the prospective adopter(s) through a pre-adoption

placement authority issued by the Department, the

prospective adopter(s) shall enjoy all the benefits to

which biological parent(s) is entitled from the date the

adoptee is placed with the prospective adopter(s).

Section 13. Decree of Adoption. – If, after the publication

of the order of hearing has been complied with, and no

opposition has been interposed to the petition, and after

consideration of the case studies, the qualifications of the

adopter(s), trial custody report and the evidence

submitted, the court is convinced that the petitioners are

qualified to adopt, and that the adoption would redound

to the best interest of the adoptee, a decree of adoption

shall be entered which shall be effective as of the date the

original petition was filed. This provision shall also apply in

case the petitioner(s) dies before the issuance of the

decree of adoption to protect the interest of the adoptee.

The decree shall state the name by which the child is to

be known.

Section 14. Civil Registry Record. – An amended

certificate of birth shall be issued by the Civil Registry, as

required by the Rules of Court, attesting to the fact that

the adoptee is the child of the adopter(s) by being

registered with his/her surname. The original certificate of

birth shall be stamped "cancelled" with the annotation of

the issuance of an amended birth certificate in its place

and shall be sealed in the civil registry records. The new

birth certificate to be issued to the adoptee shall not bear

any notation that it is an amended issue.

Section 15. Confidential Nature of Proceedings and

Records. – All hearings in adoption cases shall be

confidential and shall not be open to the public. All

records, books, and papers relating to the adoption cases

in the files of the court, the Department, or any other

agency or institution participating in the adoption

proceedings shall be kept strictly confidential.

If the court finds that the disclosure of the information to

a third person is necessary for purposes connected with

or arising out of the adoption and will be for the best

interest of the adoptee, the court may merit the

necessary information to be released, restricting the

purposes for which it may be used.

ARTICLE V E FFECTS OF ADOPTION

Section 16. Parental Authority. – Except in cases where

the biological parent is the spouse of the adopter, all legal

ties between the biological parent(s) and the adoptee

shall be severed and the same shall then be vested on the

adopter(s).

Section 17. Legitimacy. – The adoptee shall be

considered the legitimate son/daughter of the adopter(s)

for all intents and purposes and as such is entitled to all

the rights and obligations provided by law to legitimate

sons/daughters born to them without discrimination of

any kind. To this end, the adoptee is entitled to love,

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guidance, and support in keeping with the means of the

family.

Section 18. Succession. – In legal and intestate

succession, the adopter(s) and the adoptee shall have

reciprocal rights of succession without distinction from

legitimate filiation. However, if the adoptee and his/her

biological parent(s) had left a will, the law on

testamentary succession shall govern.

ARTICLE VI R ESCISSION OF ADOPTION

Section 19. Grounds for Rescission of Adoption. – Upon

petition of the adoptee, with the assistance of the

Department if a minor or if over eighteen (18) years of age

but is incapacitated, as guardian/counsel, the adoption

may be rescinded on any of the following grounds

committed by the adopter(s): (a) repeated physical and

verbal maltreatment by the adopter(s) despite having

undergone counseling; (b) attempt on the life of the

adoptee; (c) sexual assault or violence; or (d)

abandonment and failure to comply with parental

obligations.

Adoption, being in the best interest of the child, shall not

be subject to rescission by the adopter(s). However, the

adopter(s) may disinherit the adoptee for causes provided

in Article 919 of the C ivil Code.

Section 20. Effects of Rescission. – If the petition is

granted, the parental authority of the adoptee's biological

parent(s), if known, or the legal custody of the

Department shall be restored if the adoptee is still a

minor or incapacitated. The reciprocal rights and

obligations of the adopter(s) and the adoptee to each

other shall be extinguished.

The court shall order the Civil Registrar to cancel the

amended certificate of birth of the adoptee and restore

his/her original birth certificate.

Succession rights shall revert to its status prior to

adoption, but only as of the date of judgment of judicial

rescission. Vested rights acquired prior to judicial

rescission shall be respected.

All the foregoing effects of rescission of adoption shall be

without prejudice to the penalties imposable under the

Penal Code if the criminal acts are properly proven.

ARTICLE VII V IOLATIONS AND PENALTIES

Section 21. Violations and Penalties. – (a) The penalty of

imprisonment ranging from six (6) years and one (1) day

to twelve (12) years and/or a fine not less than Fifty

thousand pesos (P50,000.00), but not more than Two

hundred thousand pesos (P200,000.00) at the discretion

of the court shall be imposed on any person who shall

commit any of the following acts:

(i) obtaining consent for an adoption through coercion,

undue influence, fraud, improper material inducement,

or other similar acts;

(ii) non-compliance with the procedures and safeguards

provided by the law for adoption; or

(iii) subjecting or exposing the child to be adopted to

danger, abuse, or exploitation.

(b) Any person who shall cause the fictitious registration

of the birth of a child under the name(s) of a person(s)

who is not his/her biological parent(s) shall be guilty of

simulation of birth, and shall be punished by prision

mayor in its medium period and a fine not exceeding

Fifty thousand pesos (P50,000.00).

Any physician or nurse or hospital personnel who, in

violation of his/her oath of office, shall cooperate in the

execution of the abovementioned crime shall suffer the

penalties herein prescribed and also the penalty of

permanent disqualification.

Any person who shall violate established regulations

relating to the confidentiality and integrity of records,

documents, and communications of adoption

applications, cases, and processes shall suffer the penalty

of imprisonment ranging from one (1) year and one (1) day

to two (2) years, and/or a fine of not less than Five

thousand pesos (P5,000.00) but not more than Ten

thousand pesos (P10,000.00), at the discretion of the

court.

A penalty lower by two (2) degrees than that prescribed

for the consummated offense under this Article shall be

imposed upon the principals of the attempt to commit

any of the acts herein enumerated. Acts punishable

under this Article, when committed by a syndicate or

where it involves two (2) or more children shall be

considered as an offense constituting child trafficking

and shall merit the penalty of r eclusion perpetua.

Acts punishable under this Article are deemed

committed by a syndicate if carried out by a group of

three (3) or more persons conspiring and/or

confederating with one another in carrying out any of the

unlawful acts defined under this Article. Penalties as are

herein provided, shall be in addition to any other

penalties which may be imposed for the same acts

punishable under other laws, ordinances, executive

orders, and proclamations.

When the offender is an alien, he/she shall be deported

immediately after service of sentence and perpetually

excluded from entry to the country.

Any government official, employee or functionary who

shall be found guilty of violating any of the provisions of

this Act, or who shall conspire with private individuals

shall, in addition to the above-prescribed penalties, be

penalized in accordance with existing civil service laws,

rules and regulations: Provided, That upon the filing of a

case, either administrative or criminal, said government

official, employee, or functionary concerned shall

automatically suffer suspension until the resolution of the

case.

Section 22. Rectification of Simulated Births. – A person

who has, prior to the effectivity of this Act, simulated the

birth of a child shall not be punished for such act:

Provided, That the simulation of birth was made for the

best interest of the child and that he/she has been

consistently considered and treated by that person as

his/her own son/daughter: Provided, further, That the

application for correction of the birth registration and

petition for adoption shall be filed within five (5) years

from the effectivity of this Act and completed thereafter:

Provided, finally, That such person complies with the

procedure as specified in Article IV of this Act and other

requirements as determined by the Department.

ARTICLE VIII F INAL PROVISIONS

Section 23. Adoption Resource and Referral Office. –

There shall be established an Adoption Resources and

Referral Office under the Department with the following

functions: (a) monitor the existence, number, and flow of

children legally available for adoption and prospective

adopter(s) so as to facilitate their matching; (b) maintain a

nationwide information and educational campaign on

domestic adoption; (c) keep records of adoption

proceedings; (d) generate resources to help child-caring

and child-placing agencies and foster homes maintain

viability; and (e) do policy research in collaboration with

the Intercountry Adoption Board and other concerned

agencies. The office shall be manned by adoption experts

from the public and private sectors.

Section 24. Implementing Rules and Regulations. –

Within six (6) months from the promulgation of this Act,

the Department, with the Council for the Welfare of

Children, the Office of Civil Registry General, the

Department of Justice, Office of the Solicitor General, and

two (2) private individuals representing child-placing and

child-caring agencies shall formulate the necessary

guidelines to make the provisions of this Act operative.

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Section 25. Appropriations. – Such sum as may be

necessary for the implementation of the provisions of this

Act shall be included in the General Appropriations Act of

the year following its enactment into law and thereafter.

Section 26. Repealing Clause. – Any law, presidential

decree or issuance, executive order, letter of instruction,

administrative order, rule, or regulation contrary to, or

inconsistent with the provisions of this Act is hereby

repealed, modified, or amended accordingly.

Section 27. Separability Clause. – If any provision of this

Act is held invalid or unconstitutional, the other

provisions not affected thereby shall remain valid and

subsisting.

Section 28. Effectivity Clause. – This Act shall take effect

fifteen (15) days following its complete publication in any

newspaper of general circulation or in the Official

Gazette.

Approved: F ebruary 25, 1998

RA No 9523 | DSWD Certification

of Availability for Adoption

March 12, 2009

AN ACT REQUIRING CERTIFICATION OF THE

DEPARTMENT OF SOCIAL WELFARE AND

DEVELOPMENT (DSWD) TO DECLARE A "CHILD

LEGALLY AVAILABLE FOR ADOPTION" AS A

PREREQUISITE FOR ADOPTION PROCEEDINGS,

AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS

OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS

THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC

ACT NO. 8043, OTHERWISE KNOWN AS THE

INTER-COUNTRY ADOPTION ACT OF 1995,

PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN

AS THE CHILD AND YOUTH WELFARE CODE, AND FOR

OTHER PURPOSES

Be it enacted by the Senate and House of

Representatives of the Philippines in Congress

assembled::

Section 1. Declaration of Policy. – It is hereby declared

the policy of the State that alternative protection and

assistance shall be afforded to every child who is

abandoned, surrendered, or neglected. In this regard, the

State shall extend such assistance in the most

expeditious manner in the interest of full emotional and

social development of the abandoned, surrendered, or

neglected child.

It is hereby recognized that administrative processes

under the jurisdiction of the Department of Social

Welfare and Development for the declaration of a child

legally available for adoption of abandoned, surrendered,

or neglected children are the most expeditious

proceedings for the best interest and welfare of the child.

Section. 2. Definition of Terms. – As used in this Act, the

following terms shall mean:

(1) Department of Social Welfare and Development

(DSWD) is the agency charged to implement the

provisions of this Act and shall have the sole authority to

issue the certification declaring a child legally available

for adoption.

(2) Child refers to a person below eighteen (18) years of

age or a person over eighteen (18) years of age but is

unable to fully take care of him/herself or protect

himself/herself from abuse, neglect, cruelty, exploitation,

or discrimination because of physical or mental disability

or condition.

(3) Abandoned Child refers to a child who has no proper

parental care or guardianship, or whose parent(s) have

deserted him/her for a period of at least three (3)

continuous months, which includes a founding.

(4) Neglected Child refers to a child whose basic needs

have been deliberately unattended or inadequately

attended within a period of three (3) continuous months.

Neglect may occur in two (2) ways:

(a) There is physical neglect when the child is

malnourished, ill-clad, and without proper shelter. A child

is unattended when left by himself/herself without proper

provisions and/or without proper supervision.

(b) There is emotional neglect when the child is

maltreated, raped, seduced, exploited, overworked, or

made to work under conditions not conducive to good

health; or is made to beg in the streets or public places; or

when children are in moral danger, or exposed to

gambling, prostitution, and other vices.

(5) Child Legally Available for Adoption refers to a child in

whose favor a certification was issued by the DSWD that

he/she is legally available for adoption after the fact of

abandonment or neglect has been proven through the

submission of pertinent documents, or one who was

voluntarily committed by his/her parent(s) or legal

guardian.

(6) Voluntarily Committed Child is one whose parent(s) or

legal guardian knowingly and willingly relinquished

parental authority to the DSWD or any duly accredited

child-placement or child-caring agency or institution.

(7) Child-caring agency or institution refers to a private

non-profit or government agency duly accredited by the

DSWD that provides twenty-four (24) hour residential

care services for abandoned, neglected, or voluntarily

committed children.

(8) Child-placing agency or institution refers to a private

non-profit institution or government agency duly

accredited by the DWSD that receives and processes

applicants to become foster or adoptive parents and

facilitate placement of children eligible for foster care or

adoption.

(9) Petitioner refers to the head or executive director of a

licensed or accredited child-caring or child-placing

agency or institution managed by the government, local

government unit, non-governmental organization, or

provincial, city, or municipal Social Welfare Development

Officer who has actual custody of the minor and who files

a certification to declare such child legally available for

adoption, or, if the child is under the custody of any other

individual, the agency or institution does so with the

consent of the child's custodian.

(10) Secretary refers to the Secretary of the DSWD or his

duly authorized representative.

(11) Conspicuous Place shall refer to a place frequented by

the public, where by notice of the petition shall be posted

for information of any interested person.

(12) Social Case Study Report (SCSR) shall refer to a

written report of the result of an assessment conducted

by a licensed social worker as to the social-cultural

economic condition, psychosocial background, current

functioning and facts of abandonment or neglect of the

child. The report shall also state the efforts of social

worker to locate the child's biological parents/relatives.

Section 3. Petition. – The petition shall be in the form of

an affidavit, subscribed and sworn to before any person

authorized by law to administer oaths. It shall contain

facts necessary to establish the merits of the petition and

shall state the circumstances surrounding the

abandonment or neglect of the child.

The petition shall be supported by the following

documents:

(1) Social Case Study Report made by the DSWD, local

government unit, licensed or accredited child-caring or

child-placing agency or institution charged with the

custody of the child;

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(2) Proof that efforts were made to locate the parent(s) or

any known relatives of the child. The following shall be

considered sufficient:

(a) Written certification from a local or national radio or

television station that the case was aired on three (3)

different occasions;

(b) Publication in one (1) newspaper of general circulation;

(c) Police report or barangay certification from the locality

where the child was found or a certified copy of a tracing

report issued by the Philippine National Red Cross

(PNRC), National Headquarters (NHQ), Social Service

Division, which states that despite due diligence, the

child's parents could not be found; and

(d) Returned registered mail to the last known address of

the parent(s) or known relatives, if any.

(3) Birth certificate, if available; and

(4) Recent photograph of the child and photograph of the

child upon abandonment or admission to the agency or

institution.

Section 4. Procedure for the Filing of the Petition. – The

petition shall be filed in the regional office of the DSWD

where the child was found or abandoned.

The Regional Director shall examine the petition and its

supporting documents, if sufficient in form and

substance and shall authorize the posting of the notice of

the petition conspicuous place for five (5) consecutive

days in the locality where the child was found.

The Regional Director shall act on the same and shall

render a recommendation not later than five (5) working

days after the completion of its posting. He/she shall

transmit a copy of his/her recommendation and records

to the Office of the Secretary within forty-eight (48) hours

from the date of the recommendation.

Section 5. Declaration of Availability for Adoption. –

Upon finding merit in the petition, the Secretary shall

issue a certification declaring the child legally available

for adoption within seven (7) working days from receipt of

the recommendation.

Said certification, by itself shall be the sole basis for the

immediate issuance by the local civil registrar of a

foundling certificate. Within seven (7) working days, the

local civil registrar shall transmit the founding certificate

to the National Statistic Office (NSO).

Section 6. Appeal. – The decision of the Secretary shall

be appealable to the Court of Appeals within five (5) days

from receipt of the decision by the petitioner, otherwise

the same shall be final and executory.

Section 7. Declaration of Availability for Adoption of

Involuntarily Committed Child and Voluntarily

Committed Child. – The certificate declaring a child

legally available for adoption in case of an involuntarily

committed child under Article 141, paragraph 4(a) and

Article 142 of Presidential Decree No. 603 shall be issued

by the DSWD within three (3) months following such

involuntary commitment.

In case of voluntary commitment as contemplated in

Article 154 of Presidential Decree No. 603, the certification

declaring the child legally available for adoption shall be

issued by the Secretary within three (3) months following

the filing of the Deed of Voluntary Commitment, as

signed by the parent(s) with the DSWD.

Upon petition filed with the DSWD, the parent(s) or legal

guardian who voluntarily committed a child may recover

legal custody and parental authority over him/her from

the agency or institution to which such child was

voluntarily committed when it is shown to the satisfaction

of the DSWD that the parent(s) or legal guardian is in a

position to adequately provide for the needs of the child:

Provided, That, the petition for restoration is filed within

(3) months after the signing of the Deed of Voluntary

Commitment.

Section 8. Certification. – The certification that a child is

legally available for adoption shall be issued by the DSWD

in lieu of a judicial order, thus making the entire process

administrative in nature.

The certification, shall be, for all intents and purposes, the

primary evidence that the child is legally available in a

domestic adoption proceeding, as provided in Republic

Act No. 8552 and in an inter-country adoption

proceeding, as provided in Republic Act No. 8043.

Section. 9. Implementing Rules and Regulations. – The

DSWD, together with the Council for Welfare of Children,

Inter-Country Adoption Board, two (2) representatives

from licensed or accredited child-placing and

child-caring agencies or institution, National Statistics

Office and Office of the Civil Registrar, is hereby tasked to

draft the implementing rules and regulations of this Act

within sixty (60) days following its complete publication.

Upon effectivity of this Act and pending the completion

of the drafting of the implementing rules and regulations,

petitions for the issuance of a certification declaring a

child legally available for adoption may be filled with the

regional office of the DSWD where the child was found or

abandoned.

Section 10. Penalty. – The penalty of One hundred

thousand pesos (P100,000.00) to Two hundred thousand

pesos (P200,000.00) shall be imposed on any person,

institution, or agency who shall place a child for adoption

without the certification that the child is legally available

for adoption issued by the DSWD. Any agency or

institution found violating any provision of this Act shall

have its license to operate revoked without prejudice to

the criminal prosecution of its officers and employees.

Violation of any provision of this Act shall subject the

government official or employee concerned to

appropriate administrative, civil and/or criminal sanctions,

including suspension and/or dismissal from the

government service and forfeiture of benefits.

Section 11. Repealing Clause. – Sections 2(c)(iii), 3(b), (e)

and 8(a) of Republic Act No. 8552, Section 3(f) of Republic

Act No. 8043, Chapter 1 of Title VII, and VIII of Presidential

Decree No. 603 and any law, presidential decree,

executive order, letter of instruction, administrative order,

rule, or regulation contrary to or inconsistent with the

provisions of this Act are hereby repealed, modified or

amended accordingly.

Section 12. Separability Clause. – If any provision of this

Act is held invalid or unconstitutional, the other

provisions not affected thereby shall remain valid and

subsisting.

Section 13. Effectivity. – This Act shall take effect fifteen

(15) days following its complete publication in two (2)

newspapers of general circulation or in the Official

Gazette.

BOOK I | Persons (cont)

TITLE XIII Use of Surnames ( n)