Children's Rights Reviewer

CHILDRENS RIGHTS CLASS 1st Sem 2010 Aberin, Guerra, Sanchez, Sarines, Wong
A Treaties and the Law CRC Preamble The States Parties to the present Convention, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom, Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance, Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community, Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity, Bearing in mind that the need to extend particular care to the child has been
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stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children, Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth", Recalling the provisions of the 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; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules); and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration, Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries, Have agreed as follows: PART I Article 1 For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. Article 2 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
CHILDRENS RIGHTS CLASS 1st Sem 2010 Sanchez, Sarines, Wong (Hipolito, edit)
2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members. Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. 2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 3. States Parties shall ensure that the institutions, services and responsible for the care or protection of children shall conform standards established by competent authorities, particularly in the safety, health, in the number and suitability of their staff, as competent supervision. facilities with the areas of well as
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PART II Article 42 States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike. Article 43 1. For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided. 2. The Committee shall consist of eighteen experts of high moral standing and recognized competence in the field covered by this Convention. 1/ The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems. 3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. 4. The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to the present Convention. 5. The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. 6. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the end of two years;
Article 4 States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation. Article 5 States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention. Article 41 Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in: (a) The law of a State party; or (b) International law in force for that State.
immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting. 7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee. 8. The Committee shall establish its own rules of procedure. 9. The Committee shall elect its officers for a period of two years. 10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly. 11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention. 12. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide. Article 44 1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights (a) Within two years of the entry into force of the Convention for the State Party concerned; (b) Thereafter every five years. 2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.
3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided. 4. The Committee may request from States Parties further information relevant to the implementation of the Convention. 5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities. 6. States Parties shall make their reports widely available to the public in their own countries. Article 45 In order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention: (a) The specialized agencies, the United Nations Children's Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Children's Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities; (b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children's Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committee's observations and suggestions, if any, on these requests or indications; (c) The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child;
(d) The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties. PART III Article 46 The present Convention shall be open for signature by all States. Article 47 The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article 48 The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the SecretaryGeneral of the United Nations. Article 49. 1. The present Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession. Article 50. 1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval. 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties.
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3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted. Article 51 1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession. 2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted. 3. Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-General Article 52 A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General. Article 53 The Secretary-General of the United Nations is designated as the depositary of the present Convention. Article 54 The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.
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The use of the word shall connotes mandatory character. (:acson v. San Jose-Lacson). GR: Children under 7 years of age shall not be separated from his mother. E: if seen unfit: 1. neglect 2. abandonment 3. unemployment 4. immorality 5. habitual drunkenness 6. drug addiction 7. maltreatment of the child 8. insanity 9. being sick with a communicable disease Stays with mother. Has a stable income (able to build a house in Cebu), can have mother or babysitter/day-care to stay with the child as she works on a 12-hour shift. The mother may be expected to arrange her schedule in such a way as to allocate time for the child. She had several times over period of 6 years to finally hear a child to be snatched from her before he has even reached 7 years of age. The mothers role in the life of her child is well-nigh irreplaceable. HERBERT CANG v. CA Facts: Herbert Cang and Anna Marie Clavano begot 3 chidlren: Keith, Charmaine and Josephy Anthony. Not long after the undisturbed relationship of the spouses Cang, Anna Marie learned of her husbands extramarital affair. Thus she filed a petition for legal separation with alimony pendent elite which approved the manifestation of both spouses provided that they agreed to live separately and apart or from bed and board. Herbert Cang left for U.S where he sought a divorce from Anna Marie in Nevada which granted him the divorce decree and sole custody of the 3 minor children to Anna Marie, reserving rights of visitation at all reasonable times and places to the petitioner. Meanwhile, spouses Ronald and Maria Clara Clavano, brother and sister-inlaw of Anna Marie, filed for the adoption of the three Cang children before the RTC of Cebu. In this case, Keith, 14 y/o, signed his consent to the adoption while Anna Marie filed an affidavit of consent alleging that her husband had evaded his legal obligations to support his children and that her brothers and sisters had been helping her in taking care of the children; that because she would be leaving for U.S to attend a family business,
JURISPRUDENCE NERISSA PEREZ v. CA Facts: Nerissa is married to Ray C. Perez. After 6 miscarriages and two operations and a high-risk pregnancy, she finally gave birth to Ray Perez II in New York on July 20, 1992. She began working in the US in October 1988 and used part of her earnings to build a modest house in Mandaue City Cebu. She got a job there to practice her nursing profession while her husband stayed with her in the U.S twice and took care of her during her pregnancy but only had a tourist visa and was not employed. When they returned to the country for a five week vacation, his husband stayed behind to take care of his sick mother and promised to follow her with the baby. According to the husband they had agreed to reside permanently in the Phil but once Nerissa was in New York, she changed her mind and continued working. She was supposed to come back immediately after winding up her affairs. When she got back for the childs 1st birthday, the spouses were no longer in good terms due to their serious quarrels. She didnt want to live near her in-laws, husbands meager income of P5k. She longed to be with her only child but he was being kept away from her by her husband. In 1993, the wife filed a petition for habeas corpus asking the husband to surrender the custody of their son to her. The RTC ruled in favor of the mother while CA reversed the trial court order. MR was filed but denied hence this petition. Issue: Who should be awarded with the child custody? Held: Petition for review is granted. CA decision is reversed and set aside. Rationale: Art. 213. In case of separation of the parents, Parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over 7 years of age, unless the parent chosen is unfit. No child under 7 years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise. Rule 99, Section 6 (Adoption and Custody of Minors) also provide the same.
leaving the children would be a problem and would naturally hamper her job-seeking venture abroad; and that her husband had long forfeited his parental rights over the children. Upon knowledge of the father, he moved to reacquire custody of the children since the mother already relinquished her parental authority. RTC of Cebu granted the adoption case to the said childless spouses as the Cang children since birth developed close filial ties with the Clavano family, esp. maternal uncle, Ronald, that they can provide the moral and spiritual direction as well as financial support for the children while the father is held to be unfit due to illicit affairs and that the money deposited was of recent dates and an attempt to verisimilitude and that he was declared to have abandoned his children by the RTC Social Worker in Child Custody Report. CA affirmed the decree of adoption. Hence this petition. Issue: Can minor children be legally adopted without the written consent of a natural parent on the ground that the latter has abandoned them? Held: Petition for adoption of Keith, Charmaine and Joseph Anthony, all named Cang, by the spouse Ronald and Maria Clara Clavano is DENIED. Ratio: The written consent of the natural parent to the adoption has remained requisite for its validity. Nevertheless, the requirement of written consent is dispensed with if the parent has abandoned the child or that such parent is insane or hopelessly intemperate. The court may acquire jurisdiction over the case even without the written consent of the parents or one of the parents provided that the petition for adoption alleges facts sufficient to warrant exemption from compliance therewith. This is in consonance with the liberality with which this Court treats the procedural aspect of adoption. The act of abandonment of a child by his parent, imports any conduct of the parent which evinces a settled purpose to forego all parental duties and relinquish all parental claims to the child It means neglect or refusal to perform the natural and legal obligations of care and support which parents owe their children. In this case, records disclose that the fathers conduct did not manifest a settled purpose to forego all parental duties to constitute abandonment. Physical estrangement alone, without financial desertion, is not tantamount to abandonment. While admittedly the father was in the U.S, he was not remiss in his natural and legal obligations of love, care and support for his children as he maintained a regular communication with his wife and children through letters and telephone. He used to send packages by mail and catered to their whims.
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The right attached to parental authority, being purely personal, the law allows a waiver of parental authority only in cases of adoption, guardianship and surrender to a childrens home or any orphan institution. When a parent entrusts the custody of a minor to another, such as a friend or godfather, even in a document, what is given is merely temporary custody and it does not constitute a renunciation of parental authority. Even if definite renunciation is manifest, the law still disallows the same. This court has ruled in Tenchaves v. Escano that a divorce obtained by Filipino citizens after the effectivity of the Civil Code is not recognized in this jurisdiction as it is contrary to State policy. While the father is now an American citizen, as regards Anna Marie who has remained a Filipino citizen, the divorce has no legal effect. In Matter of Application for the Issuance of a Writ of Habeas Corpus Richard Brian Thornton for and in behalf of the minor child SEQUEIRA JENNIFER DELLE FRANCISCO THORNTON v. Adelfa Francisco Thornton Facts: Petitioner is American while the Respondent is Filipina. Both were married in 1998 in the Catholic Evangelical Church at UN Avenue Manila. A year later they bore a daughter, Sequeira Jennifer Delle Francisco Thornton. After 3 years, the wife grew restless and bored as a plain housewife and wanted to treturn to her old job as a GRO in a night club. She would leave her daughter at home in the care of the househelp. The husband admonished the wife about her irresponsibility but she continued her carefree ways. In 2001, she left the family home with her daughter without notifying her husband and told the servants shat she was bringing the daughter to Purok Marikit, Sta. Clara, Lamitan, Basilan Province. Petitioner filed a petition for habeas corpus in the designated family court in Makati, but it was dismissed, presumably because of the allegation that the child was in Basilan. Husband went to Basilan but no sign of her daughter there, the brgy. Of Sta. Clara issued a certification that the respondent was no longer residing there. He gave up the search but when he got hold of the wifes mobile phone bills calls from various places in the Philippines, he filed another petition for habeas corpus in the CA but was denied due to want of jurisdiction as the family courts has exclusive jurisdiction on it. Issue: Is the SC and CA stripped of jurisdiction to issue Writ of Habeas Corpus regarding child custody as the Family Courts has exclusive jurisdiction over the matter?
Held: Petition is hereby granted. HB is hereby reinstated and remanded to the CA. Rationale: The CA should take cognizance of the case since there is nothing in the RA 8369 impliedly repealing RA 7902 and BP 129 giving power to the SC and CA to grant petitions for Habeas Corpus (whether or not in its appellate jurisdiction). To allow the CA reasoning to stand would result in an iniquitous situation, leaving individuals like petitioner without legal recourse in obtaining custody of their children. Individuals who do not know the whereabouts of minors they are looking for would be helpless since they cannot seek redress from family courts whose writs are enforceable only in their respective territorial jurisdictions. The primordial consideration is the welfare and best interests of the Child thus we rule therefore that RA 8369 did not divest the CA and the SC of their jurisdiction over habeas corpus cases involving the custody of minors. Statutory construction provides that every statute must be interpreted and brought into accord with other laws as to form a uniform system of jurisprudence. Hence all doubts must be resolved against any implied repeal, and all efforts should be exerted in order to harmonize and give effect to all laws on the subject. Requiring the serving officer to search for the child all over the country is not an unreasonable availment of a remedy since it does not differ from a warrant of arrest which is likewise enforceable anywhere within the Philippines. PABLO GUALBERTO v. GUALBERTO Facts: Spouses Gualberto fought in court re: award of custody of their son, Crisanto Rafaello, four years old. RTC Pque awarded custody of the child to the father upon the presented evidence that the mother fled to Occidental Mindoro while the child was still enrolled in a school in Pque; that the mother was having a lesbian relations with one Noreen Gay Cuidadano; that the househelp confirmed that the mother does not care for the child as she very often goes out of the house. However, due to the mothers motion to lift the award of custody pendente lite, the said court reversed its order and awarded the custody to the mother invoking the tender age presumption as there was no compelling reason to deny custody to the mother but still the father has right of visitation every other weekend. Thus, the father filed a petition for certiorari before the CA charging RTC of GAD. CA granted custody in favor of the favor but stressed that the RTC judge was not
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precluded from considering and resolving the mothers motion as that Motion had yet to be properly considered and ruled upon. Hence this petition. Issue: Whether the CA violated tender age doctrine when it awarded custody to the father? Held: Petition to lift the award of custody pendent elite is reinstated. CA decision is reversed. (custody is to the mother) Ratio: The Convention on the Rights of the Child provides that in all actions concerning children, whether taken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interest of the child shall be a primary consideration. The principle of best interest of the child pervades Philippine cases involving adoption, guardianship, support, personal status, minors in conflict with the law, and child custody. In these cases, it has long been recognized that in choosing the parent to whom custody is given, the welfare of the minors should always be the paramount consideration. Courts are mandated to take into account all relevant circumstances that would have a bearing on the childrens well-being and development (material resources, moral and social situations of each parent, capability of parent to attend to the physical, educational, social and moral welfare of the children) Among these factors are the previous care and devotion shown by each of the parents; their religious background, moral uprightness, home environment and time availability as well as the childrens emotional and educational needs. The so-called tender-age presumption in Art. 213 of the Family Code may be overcome only by compelling evidence of the mothers unfitness. In this case, sexual preference or moral laxity/ immorality alone does not prove parental neglect or incompetence. Not even the fact that a mother is a prostitute or has been unfaithful to her husband would render her unfit to have custody of her minor child. To deprive the wife of custody, the husband must clearly establish that her moral lapses have had an adverse effect on the welfare of the child or have distracted the offending spouse from exercising proper parental care. It is therefore not enough for the father to show merely that the mother was a lesbian. He must also demonstrate that she carried on her purported relationship with a person of the same sex in the presence of their son or under circumstances not conducive to the childs proper moral development. Such fact has not been shown here. There is no evidence that the son was exposed to the mothers alleged sexual proclivities or that his proper moral and psychological development suffered as a result.
CONCEPCION (Gerardo) v. CA Facts: Gerardo Concepcion and Ma. Theresa Almonte got married in 1989, lived in Fairview QC and bore a child in 1990. In 1991, Gerardo filed a petition to have his marriage to MT annulled on the ground of bigamy. He alleged that 9 years before he married MT on 1980, she had married Mario Gopiao which marriage was never annulled. Gerardo also found out that Mario was still alive and was residing in Loyola Heights, QC. RTC declared Marios marriage with MT valid and subsisting and annulled her marriage to the latter for being bigamous. It declared Jose Gerardo to be an illegitimate child as a result. The custody of the child was awarded to MT with Gerardo having visitation rights. She filed for MR with prayer that the son use her maiden name RTC denied and so MT elevated the case to the CA., She argued that the putative father should not have visitation rights. CA also held that an illegitimate child cannot use the mothers surname. The child, rep by mother, should file a separate proceeding for a change of name under Rule 103 of RoC. In the MR, the court held that the MT was legitimately married with Mario and the Jose Gerardo was born and conceived within a valid marriage and must the surname of Mario. Gerardo cannot have visitation rights as he has no legal basis to enforce such right. Gerardo moved for MR but was denied, hence this petition. Issue: Which surname does the son bear? Does Gerardo have a visitation rights? Can the mother impugn the illegitimacy of her child. Held: The petition is hereby denied. Lower court decisions are affirmed. Ratio: Art. 164 provides that the status and filiation of a child cannot be compromised. The Child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adultress. The law requires that every reasonable presumption be made in favor legitimacy. Cabatania v. CA: the presumption of legitimacy is based on the broad principles of natural justice and the supposed virtue of the mother. It is grounded on the policy to proect the innocent offspring from the odium of illegitimacy. Gerardo has no standing in law to dispute the status of Jose Gerardo since his marriage with MT was void. And he cannot rely on the Birth Certificate of Jose Gerardo to prove paternity as it was not presented in the trial court.
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There is no physical impossibility that sexual intercourse between Mario and MT did not take place. All she said was that she never lived with Mario. A mother has no right to disavow a child because maternity is never uncertain. Hence, MT is not permitted by law to question the sons legitimacy. The law, reason and common sense dictate that a legitimate status is more favorable to the child. In the eyes of the law the legitimate child enjoys preferred and superior status.
GAMBOA-HIRSCH v. CA Facts: Franklin and Agness were married on 2000 in City of Bacolod and established their conjugal dwelling in Diniwid, Boracay Island. On 2002, a child was born to them and was named Simone. In 2005, the couple started to have marital problems as Agnes wanted to stay in Makati City while Franklin insisted that they stay in Boracay. On 2006, Agnes came into Boracay, sked for money and for permissions for her to bring their daughter to Makati City for a brief vacation. Franklin readily agreed but soon thereafter discovered that neither Agnes nor their daughter would be coming back in Boracay. Franklin filed for a petition for habeas corpus before the CA for Agnes to produce Simone in court. The CA issued a resolution which ordered the w HB be issued. After series of hearings and presentation of evidence, the CA, promulgated the assailed Decision granting Franklin and Agnes joint custody of their minor child. Thus is petition for certiorari. Issue: Which parent gets the custody of the child? Held: Petition is given due course and the CA Resolution is hereby SET ASIDE. Sole Custody over Simone Noelle Hirsch is hereby AWARDED to the mother, petitioner Agnes Gamboa-Hirsch. Rationale: The so-called tender-age presumption under Article 213 of the Family Code may be overcome only by compelling evidence of mothers unfitness. The mother is declared unsuitable to have custody of her children in one or more of the following instances: neglect, abandonment,
unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, or affliction with a communicable disease. Here the mother was not shown to be unsuitable or grossly incapable of caring for her minor child. All told, no compelling reason has been adduced to wrench the child from the mothers custody. The CA committed grave abuse of discretion when it granted joint custody of the minor child to both parents. The Convention on the Rights of the Child provides that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. The Child Youth and Welfare Code, in the same way, unequivocally provides that in all questions regarding the care and custody, among others, of the child, his/her welfare shall be the paramount consideration. Section 1. The following are citizens of the Philippines:
Those who are citizens of the Philippines at the time of the adoption of this Constitution; Those whose fathers or mothers are citizens of the Philippines; Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority; and Those who are naturalized in the accordance with law. Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law to have renounced it. Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. Civil Code, Article 40 Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (29a)
Article 6 (Right to Life) 1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
Constitution, Article II, Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. Constitution, Article III, Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Constitution, Article IV.
RPC, Articles 255 259 Art. 255. Infanticide. The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor. Art. 256. Intentional abortion. Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman. 2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman. 3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented. Art. 257. Unintentional abortion. The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally. Art. 258. Abortion practiced by the woman herself of by her parents. The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so. Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods. If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods. Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same. Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos. PD 603, Article 3(1) 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.
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1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
Family Code, Articles 164 176 Article 164. Whatever may be lost during the marriage in any kind of gambling, betting or game, whether permitted or prohibited by law, shall be borne by the loser, and shall not be charged to the conjugal partnership. (1411a)
SECTION 5Administration of the Conjugal Partnership Article 165. The husband is the administrator of the conjugal partnership. (1412a) Article 166. Unless the wife has been declared a non compos mentis or a spendthrift, or is under civil interdiction or is confined in a leprosarium, the husband cannot alienate or encumber any real property of the conjugal partnership without the wife's consent. If she refuses unreasonably to give her consent, the court may compel her to grant the same. This article shall not apply to property acquired by the conjugal partnership before the effective date of this Code. (1413a) Article 167. In case of abuse of powers of administration of the conjugal partnership property by the husband, the courts, on petition of the wife, may provide for receivership, or administration by the wife, or separation of property. (n) Article 168. The wife may, by express authority of the husband embodied in a public instrument, administer the conjugal partnership property. (n) Article 169. The wife may also by express authority of the husband appearing in a public instrument, administer the latter's estate. (n)
Article 7 (Right to a Name)
Article 170. The husband or the wife may dispose by will of his or her half of the conjugal partnership profits. (1414a) Article 171. The husband may dispose of the conjugal partnership property for the purposes specified in articles 161 and 162. (1415a) Article 172. The wife cannot bind the conjugal partnership without the husband's consent except in cases provided by law. (1416a) Article 173. The wife may, during the marriage, and within ten years from the transaction questioned, ask the courts for the annulment of any contract of the husband entered into without her consent, when such consent is required, or any act or contract of the husband which tends to defraud her or impair her interest in the conjugal partnership property. Should the wife fail to exercise this right, she or her heirs, after the dissolution of the marriage, may demand the value of property fraudulently alienated by the husband. (n) Article 174. With the exception of moderate donations for charity, neither husband nor wife can donate any property of the conjugal partnership without the consent of the other. (n)
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Art. 364. Legitimate and legitimated children shall principally use the surname of the father. Art. 365. An adopted child shall bear the surname of the adopter. Art. 366. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent. Art. 367. Natural children by legal fiction shall principally employ the surname of the father. Art. 368. Illegitimate children referred to in Article 287 shall bear the surname of the mother. Art. 369. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. Art. 370. A married woman may use: (1) Her maiden first name and surname and add her husband's surname, or (2) Her maiden first name and her husband's surname or (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs." Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless: (1) The court decrees otherwise, or (2) She or the former husband is married again to another person. Art. 372. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. Art. 373. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370. Art. 374. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion. Art. 375. In case of identity of names and surnames between ascendants and descendants, the word "Junior" can be used only by a son. Grandsons and other direct male descendants shall either: (1) Add a middle name or the mother's surname, or (2) Add the Roman
SECTION 6Dissolution of the Conjugal Partnership Article 175. The conjugal partnership of gains terminates: (1) Upon the death of either spouse; (2) When there is a decree of legal separation; (3) When the marriage is annulled; (4) In case of judicial separation of property under article 191. (1417a) Article 176. In case of legal separation, the guilty spouse shall forfeit his or her share of the conjugal partnership profits, which shall be awarded to the children of both, and the children of the guilty spouse had by a prior marriage. However, if the conjugal partnership property came mostly or entirely from the work or industry, or from the wages and salaries, or from the fruits of the separate property of the guilty spouse, this forfeiture shall not apply. In case there are no children, the innocent spouse shall be entitled to all the net profits. (n) Civil Code, Articles 364-380 and 407
Numerals II, III, and so on. Art. 376. No person can change his name or surname without judicial authority. Art. 377. Usurpation of a name and surname may be the subject of an action for damages and other relief. Art. 378. The unauthorized or unlawful use of another person's surname gives a right of action to the latter. Art. 379. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen names and stage names cannot be usurped. Art. 380. Except as provided in the preceding article, no person shall use different names and surnames. Art. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. (325a)
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In the case of an exposed child, the person who found the same shall report to the local civil registrar the place, date and hour of finding and other attendant circumstances. In case of an illegitimate child, the birth certificate shall be signed and sworn to jointly by the parents of the infant or only the mother if the father refuses. In the latter case, it shall not be permissible to state or reveal in the document the name of the father who refuses to acknowledge the child, or to give therein any information by which such father could be identified. Any foetus having human features which dies after twenty four hours of existence completely disengaged from the maternal womb shall be entered in the proper registers as having been born and having died.
Sec. 8. Registration of legitimations by subsequent marriage. The acknowledgment of the children legitimated by subsequent marriage, referred to in article one hundred and twenty-one of the Civil Code, may be recorded in the legitimation register, entering: (a) The names of the parents; (b) that at the time when the children were conceived, the aforesaid parents could have contracted marriage, and that they actually contracted marriage, stating the date and place when such marriage was solemnized, the minister who officiated, and the civil register where such marriage was recorded; (c) the names of the children legitimated with reference to their birth certificates.
RA 3753, Sections 5 and 8 Sec. 5. Registration and Certification of Birth. The declaration of the physician or midwife in attendance at the birth or, in default thereof, the declaration of either parent of the newborn child, shall be sufficient for the registration of a birth in the civil register. Such declaration shall be exempt from the documentary stamp tax and shall be sent to the local civil registrar not later than thirty days after the birth, by the physician, or midwife in attendance at the birth or by either parent of the newly born child. In such declaration, the persons above mentioned shall certify to the following facts: (a) date and hour of birth; (b) sex and nationality of infant;chan robles virtual law library (c) names, citizenship, and religion of parents or, in case the father is not known, of the mother alone; (d) civil status of parents; (e) place where the infant was born; (f) and such other data may be required in the regulation to be issued.
RA 9255 (Use of surname by illegitimate children) AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows: "Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."
name. Hence this petition. RPC, Article 347 Art. 347. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos. The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status. Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification. JURISPRUDENCE IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA Facts: On August 31, 2000, Honorato B. Catindig, herein petitioner, filed a petition[1] to adopt his minor illegitimate child Stephanie Nathy Astorga Garcia. He alleged therein, among others, that Stephanie was born on June 26, 1994; [2] that her mother is Gemma Astorga Garcia; that Stephanie has been using her mothers middle name and surname; and that he is now a widower and qualified to be her adopting parent. He prayed that Stephanies middle name Astorga be changed to Garcia, her mothers surname, and that her surname Garcia be changed to Catindig, his surname. The court granted the petition and held that the minor shall be known as STEPHANIE NATHY CATINDIG. It stated: After a careful consideration of the evidence presented by the petitioner, and in the absence of any opposition to the petition, this Court finds that the petitioner possesses all the qualifications and none of the disqualification provided for by law as an adoptive parent, and that as such he is qualified to maintain, care for and educate the child to be adopted; that the grant of this petition would redound to the best interest and welfare of the minor Stephanie Nathy Astorga Garcia. The Court further holds that the petitioners care and custody of the child since her birth up to the present constitute more than enough compliance with the requirement of Article 35 of Presidential Decree No. 603. The mother filed a motion for clarification praying that the child should be allowed to use the surname of her natural mother as her middle name but the RTC denied the MR holding that there is no law or jurisprudence allowing an adopted child to use the surname of his biological mother as his middle
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Issue: May an illegitimate child, upon adoption by her natural father, use the surname of her natural mother as her middle name? Held: WHEREFORE, the petition is GRANTED. The assailed Decision is partly MODIFIED in the sense that Stephanie should be allowed to use her mothers surname GARCIA as her middle name. Let the corresponding entry of her correct and complete name be entered in the decree of adoption. Ratio: Since there is no law prohibiting an illegitimate child adopted by her natural father, like Stephanie, to use, as middle name her mothers surname, we find no reason why she should not be allowed to do so. The Republic, through the Office of the Solicitor General (OSG), agrees with petitioner that Stephanie should be permitted to use, as her middle name, the surname of her natural mother for the following reasons: 1.It is necessary to preserve and maintain Stephanies filiation with her natural mother because under Article 189 of the Family Code, she remains to be an intestate heir of the latter. Thus, to prevent any confusion and needless hardship in the future, her relationship or proof of that relationship with her natural mother should be maintained. 2. There is no law expressly prohibiting Stephanie to use the surname of her natural mother as her middle name. What the law does not prohibit, it allows. 3. It is customary for every Filipino to have a middle name, which is ordinarily the surname of the mother. This custom has been recognized by the Civil Code and Family Code. In fact, the Family Law Committees agreed that the initial or surname of the mother should immediately precede the surname of the father so that the second name, if any, will be before the surname of the mother. For all practical and legal purposes, a man's name is the designation by which he is known and called in the community in which he lives and is best known. It is defined as the word or combination of words by which a person is distinguished from other individuals and, also, as the label or appellation which he bears for the convenience of the world at large addressing him, or in speaking of or dealing with him. It is both of personal as well as public interest that every person must have a name. One of the effects of adoption is that the adopted is deemed to be a legitimate child of the adopter for all intents and purposes pursuant to Article
189 of the Family Code and Section 17 Article V of RA 8552. Being a legitimate child by virtue of her adoption, it follows that Stephanie is entitled to all the rights provided by law to a legitimate child without discrimination of any kind, including the right to bear the surname of her father and her mother, as discussed above . This is consistent with the intention of the members of the Civil Code and Family Law Committees as earlier discussed. In fact, it is a Filipino custom that the initial or surname of the mother should immediately precede the surname of the father. Additionally, as aptly stated by both parties, Stephanies continued use of her mothers surname (Garcia) as her middle name will maintain her maternal lineage. It is to be noted that Article 189(3) of the Family Code and Section 18, Article V of RA 8552 (law on adoption) provide that the adoptee remains an intestate heir of his/her biological parent. Hence, Stephanie can well assert or claim her hereditary rights from her natural mother in the future. Records show that Stephanie and her mother are living together in the house built by petitioner for them at San Jose, Baliuag, Bulacan. Petitioner provides for all their needs. Stephanie is closely attached to both her mother and father. She calls them Mama and Papa. Hence, to allow Stephanie to use her mothers surname as her middle name will not only sustain her continued loving relationship with her mother but will also eliminate the stigma of her illegitimacy. Lastly, Art. 10 of the New Civil Code provides that: In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. This provision, according to the Code Commission, is necessary so that it may tip the scales in favor of right and justice when the law is doubtful or obscure. It will strengthen the determination of the courts to avoid an injustice which may apparently be authorized by some way of interpreting the law.
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Constitution, Article IV, Sections 1-4 Section 1. The following are citizens of the Philippines: Those who are citizens of the Philippines at the time of the adoption of this Constitution; Those whose fathers or mothers are citizens of the Philippines; Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority; and Those who are naturalized in the accordance with law. Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed naturalborn citizens. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law to have renounced it. Civil Code, Articles 407-408, 411 Art. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. (325a) Art. 408. The following shall be entered in the civil register: (1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children; (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation; (15) voluntary emancipation of a minor; and
Article 8 (Right to a Nationality and Identity) 1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. 2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to reestablishing speedily his or her identity.
(16) changes of name. (326a) Art. 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration. (n) PD 603, Article 7 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. RA 9225 (Dual Citizenship) AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT.AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Short Title this act shall be known as the "Citizenship Retention and Re-acquisition Act of 2003." Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act. Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have reacquired Philippine citizenship upon taking the following oath of allegiance to the Republic:
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"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion." Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath. Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who reacquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines. Section 5. Civil and Political Rights and Liabilities - Those who retain or reacquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: (1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and other existing laws; (2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath; (3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the country where they took that oath; (4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice; and (5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who: (a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or (b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.
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Article 9 (Right not to be separated from the parents) 1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence. 2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known. 3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests. 4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the wellbeing of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned. Article 10 (Family reunification and right to maintain direct contacts 1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no
adverse consequences for the applicants and for the members of their family. 2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.
International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families
Article 11 (Illicit Transfer of Children Abroad) 1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad. 2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.
RA 7610, Article IV Section 7. Child Trafficking. Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit child trafficking under Section 7 of this Act:1awphi1@alf (a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian; (c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; or (d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or (e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking. A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.
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(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) Board refers to the Inter-country Adoption Board.
ARTICLE IVPENALTIES Section 16. Penalties. - (a) Any person who shall knowingly participate in the conduct or carrying out of an 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
RA 8043, General Provisions, Section 2 and Article IV 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 intercountry 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. 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.
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 reclusion 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.
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forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
Family Code, article 213 Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit PD 603 THE CHILD AND YOUTH WELFARE 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 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. RA 7610 AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES ARTICLE XI Remedial Procedures
Article 12 (Right to Express Views) 1. States Parties shall assure to the child who is capable of
Section 27. Who May File a Complaint. Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: (a) Offended party; (b) Parents or guardians; (c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC (d) Officer, social worker or representative of a licensed child-caring institution; (e) Officer or social worker of the Department of Social Welfare and Development; (f) Barangay chairman; or (g) At least three (3) concerned responsible citizens where the violation occurred. RA 8552 Domestic Adoption Act Sec. 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. AM No. 004-07-SC Rule on Examination of a Child Witness SEC. 28. Hearsay exception in child abuse cases. A statement made by a child describing any act or attempted act of child abuse, not otherwise admissible under the hearsay rule, may be admitted in evidence in any criminal or non-criminal proceeding subject to the following rules:
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(a) Before such hearsay statement may be admitted, its proponent shall make known to the adverse party the intention to offer such statement and its particulars to provide him a fair opportunity to object. If the child is available, the court shall, upon motion of the adverse party, require the child to be present at the presentation of the hearsay statement for crossexamination by the adverse party. When the child is unavailable, the fact of such circumstance must be proved by the proponent. (b) In ruling on the admissibility of such hearsay statement, the court shall consider the time, content and circumstances thereof which provide sufficient indicia of reliability. It shall consider the following factors: (1) Whether there is a motive to lie; (2) The general character of the declarant child; (3) Whether more than one person heard the statement; (4) Whether the statement was spontaneous; (5) The timing of the statement and the relationship between the declarant child and witness; (6) Cross-examination could not show the lack of knowledge of the declarant child; (7) The possibility of faulty recollection of the declarant child is remote; and (8) The circumstances surrounding the statement are such that there is no reason to suppose the declarant child misrepresented the involvement of the accused. (c) The child witness shall be considered unavailable under the following situations: (1) Is deceased, suffers from physical infirmity, lack of memory, mental illness, or will be exposed to severe psychological injury; or (2) Is absent from the hearing and the proponent of his statement has been unable to procure his attendance by process or other reasonable means. (d) When the child witness is unavailable, his hearsay testimony shall be admitted only if corroborated by other admissible evidence.
Article 13 (Freedom of Expression) 1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice. 2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; or (b) For the protection of national security or of public order (ordre public), or of public health or morals.
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(2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. RA 8044 Youth in Nation-Building Act AN ACT CREATING THE NATIONAL YOUTH COMMISSION, ESTABLISHING A NATIONAL COMPREHENSIVE AND COORDINATED PROGRAM ON YOUTH DEVELOPMENT, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES RA 8296 AN ACT DECLARING EVERY SECOND SUNDAY OF DECEMBER AS THE NATIONAL CHILDREN'S BROADCASTING DAY Section 2. In observance of this day, television and radio stations nationwide shall allocate a minimum of three (3) hours airtime for programs exclusively for, on, or about children and produced especially in observance of the National Children's Broadcasting Day: Provided, That at least one (1) hour shall be prime time. The programs should be child-friendly, promote positive values, and enable children to exercise their rights to freedom of thought and expression as stated in the United Nations Convention on the Rights of the Child. The participation of children as talents or guests should be encouraged. Local Government Code SEC. 242. Publication of Proposed Ordinance Imposing a Special Levy. - Before the enactment of an ordinance imposing a special levy, the sanggunian concerned shall conduct a public hearing thereon; notify in writing the owners of the real property to be affected or the persons having legal interest therein as to the date and place thereof and afford the latter the opportunity to express their positions or objections relative to the proposed ordinance. SEC. 424. Katipunan ng Kabataan. - The katipunan ng kabataan shall be composed of all citizens of the Philippines actually residing in the barangay for at least six (6) months, who are fifteen (15) but not more than twenty-one
Consti Article III, Section 4 No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. PD 603, 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.
CC, Article 26 Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another's residence:
(21) years of age, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary. SEC. 425. Meetings of the Katipunan ng Kabataan . - The katipunan ng kabataan shall meet at least once every three (3) months, or at the call of the chairman of the sangguniang kabataan or upon written petition of at least one-twentieth (1/20) of its members, to decide on important issues affecting the youth of the barangay . SEC. 426. Powers and Functions of the Sangguniang Kabataan . - The sangguniang kabataan shall: (a) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in accordance with the applicable provisions of this Code; (b) Initiate programs designed to enhance the social, political, economic, cultural, intellectual, moral, spiritual, and physical development of the members; (c) Hold fund-raising activities, the proceeds of which shall be tax-exempt and shall accrue to the general fund of the sangguniang kabataan: Provided, however, That in the appropriation thereof, the specific purpose for which such activity has been held shall be first satisfied; (d) Create such bodies or committees as it may deem necessary to effectively carry out its programs and activities; (e) Submit annual and end-of-term reports to the sangguniang barangay on their projects and activities for the survival and development of the youth in the barangay ; (f) Consult and coordinate with all youth organizations in the barangay for policy formulation and program implementation; (g) Coordinate with the appropriate national agency for the implementation of youth development projects and programs at the national level; (h) Exercise such other powers and perform such other duties and functions as the sangguniang barangay may determine or delegate; and (i) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
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manner consistent with the evolving capacities of the child. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.
CONSTI, Article 3 Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. PD 603 TITLE IV. CHILD 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. CC Art. 32. In any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom of religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical
Article 14 (FREEDOM OF THOUGHT and RELIGION) 1. States Parties shall respect the right of the child to freedom of thought, conscience and religion. 2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a
publication; (4) Freedom from arbitrary or illegal detention; (5) Freedom of suffrage; (6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use; (8) The right to the equal protection of the laws; (9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposes not contrary to law; (13) The right to take part in a peaceable assembly to petition the government for redress of grievances; (14) The right to be free from involuntary servitude in any form; (15) The right of the accused against excessive bail; (16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such
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confession, except when the person confessing becomes a State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom of access to the courts. In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. EBRANILAG v CEBU FACTS Various public school authorities in Cebu expelled several minor school children from their classes for refusing to salute the flag, sing the national anthem and recite the patriotic pledge as required by RA 1265 and Department Order No. 8 issued by DECS. These children were said to be members of the Jehovahs Witnesses, which under their religious beliefs and convictions prohibited their members from rendering obeisance to any form or symbol, which smacks of idolatry. For them, a salute constitutes an act of religious devotion forbidden by Gods law. ISSUE Whether or not the school children may be expelled from their respective schools HELD: NO. Religious freedom is a fundamental right, which is entitled to the highest priority and the amplest protection among human rights, for it involves the relationship of man to his Creator. The right to religious profession and
worship has a two-fold aspect, freedom to believe and freedom to act on ones belief. The first is absolute as long as the belief is confined within the realm of thought. The second is subject to regulation where the belief is translated into external acts that affect the public welfare. Since they do not engage in disruptive behavior, there is no warrant for their expulsion. The sole justification for a prior restraint or limitation on the exercise of religious freedom is the existence of a grave and present danger of a character both grave and imminent, of a serious evil to public safety, public morals, public health or any other legitimate public interest, that the State has a right (and duty) to prevent." Absent such a threat to public safety, the expulsion of the petitioners from the schools is not justified. We are not persuaded that by exempting the Jehovah's Witnesses, this religious which admittedly comprises a "small portion of the school population" will shake up our part of the globe and suddenly produce a nation "untaught and uninculcated in and unimbued with reverence for the flag, patriotism, love of country and admiration for national heroes. After all, what the petitioners seek only is exemption from the flag ceremony, not exclusion from the public schools where they may study the Constitution, the democratic way of life and form of government, and learn not only the arts, science, Philippine history and culture but also receive training for a vocation or profession and be taught the virtues of "patriotism, respect for human rights, appreciation for national heroes, the rights and duties of citizenship, and moral and spiritual values. Forcing a small religious group, through the iron hand of the law, to participate in a ceremony that violates their religious beliefs, will hardly be condusive to love of country or respect for duly constituted authorities. The expulsion of members of Jehovah's Witnesses from the schools where they are enrolled will violate their right as Philippine citizens, under the 1987 Constitution, to receive free education, for it is the duty of the State to "protect and promote the right of all citizens to quality education and to make such education accessible to all. While the highest regard must be afforded their right to the exercise of their religion, "this should not be taken to mean that school authorities are powerless to discipline them" if they should commit breaches of the peace by actions that offend the sensibilities, both religious and patriotic, of other persons. If they quietly stand at attention during the flag ceremony while their classmates and teachers salute the flag, sing the national anthem and recite the patriotic pledge, we do not see how such conduct may possibly disturb the peace, or pose "a grave and present danger of a serious evil to public safety, public morals, public health or any other legitimate public interest that the State has a right. The petition for certiorari and prohibition is GRANTED. The expulsion orders issued by the public respondents against the petitioners are hereby ANNULLED AND SET ASIDE.
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1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. 2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
CONSTI, ART 3 Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. PD 603 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 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. Article 94. Youth Demonstrations. - Any demonstrations sponsored by any civic associations and youth associations shall be conducted in a peaceful and lawful manner. 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
Article 15 (Freedom of Association)
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. Article 111. Right to Self-Organization. - Working children shall have the same freedoms 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. PD 603
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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 any accept voluntary contribution or aid from students for distribution to victims of such disasters or calamities. CC, Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another's residence: (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. RA 7610, Section 29 Section 29. Confidentiality. At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over the case. It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party RA 8369 Family Courts Act Sec. 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of the child and family cases shall be treated in a manner consistent with the promotion of the child's and the family's dignity and
Article 16 (Privacy and Reputation) 1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation. 2. The child has the right to the protection of the law against such interference or attacks.
CONSTI, ART 3 Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
worth, and shall respect their privacy at all stages of the proceedings. Records of the cases shall be dealt with utmost confidentiality and the identity of parties shall not be divulged unless necessary and with authority of the judge. RA 9208 Section 6. Confidentiality- At any stage of the investigation, prosecution and trial of an y. offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public. In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or information technology to cause publicity of any case of trafficking in persons. RA 9262 VAWC Sec. 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the complainant.
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The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the child in conflict with the law may have his/hes sentence suspended or if he/she may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action. The component authorities shall undertake all measures to protect this confidentiality of proceedings, including non-disclosure of records to the media, maintaining a separate police blotter for cases involving children in conflict with the law and adopting a system of coding to conceal material information which will lead to the child's identity. Records of a child in conflict with the law shall not be used in subsequent proceedings for cases involving the same offender as an adult, except when beneficial for the offender and upon his/her written consent. A person who has been in conflict with the law as a child shall not be held under any provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him/her for any purpose. A.M. No. 004-07 SC: Rule on Examination of a Child Witness (2000) Sec. 6 (c) and (d) (c) Persons allowed at competency examination. Only the following are allowed to attend a competency examination: (1) The judge and necessary court personnel; (2) The counsel for the parties; (3) The guardian ad litem; (4) One or more support persons for the child; and
RA 9344, Juvenile Justice Act SEC. 43. Confedentiality of Records and Proceedings. - All records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential.
(5) The defendant, unless the court determines that competence can be fully evaluated in his absence. (d) Conduct of examination. Examination of a child as to his competence shall be conducted only by the judge. Counsel for the parties, however, can
submit questions to the judge that he may, in his discretion, ask the child. Sec. 11 (a) (4) (a) A child testifying at a judicial proceeding or making a deposition shall have the right to be accompanied by one or two persons of his own choosing to provide him emotional support. (4) The court shall instruct the support persons not to prompt, sway, or influence the child during his testimony. SEC. 12. Waiting area for child witnesses. The courts are encouraged to provide a waiting area for children that is separate from waiting areas used by other persons. The waiting area for children should be furnished so as to make a child comfortable. SEC. 23. Excluding the public. When a child testifies, the court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case. Such an order may be made to protect the right to privacy of the child or if the court determines on the record that requiring the child to testify in open court would cause psychological harm to him, hinder the ascertainment of truth, or result in his inability to effectively communicate due to embarrassment, fear, or timidity. In making its order, the court shall consider the developmental level of the child, the nature of the crime, the nature of his testimony regarding the crime, his relationship to the accused and to persons attending the trial, his desires, and the interests of his parents or legal guardian. The court may, motu proprio, exclude the public from the courtroom if the evidence to be produced during trial is of such character as to be offensive to decency or public morals. The court may also, on motion of the accused, exclude the public from trial, except court personnel and the counsel of the parties. SEC. 25. Live-link television testimony in criminal cases where the child is a victim or a witness. (a) The prosecutor, counsel or the guardian ad litem may apply for an order that the testimony of the child be taken in a room outside the courtroom and be televised to the courtroom by live-link television. Before the guardian ad litem applies for an order under this section, he shall consult the prosecutor or counsel and shall defer to the judgment of the prosecutor or counsel regarding the necessity of applying for an order. In case the guardian ad ltiem is convinced that the decision of the prosecutor or
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counsel not to apply will cause the child serious emotional trauma, he himself may apply for the order. The person seeking such an order shall apply at least five (5) days before the trial date, unless the court finds on the record that the need for such an order was not reasonably foreseeable. SEC. 27. Videotaped deposition. (b) If the court finds that the child will not be able to testify in open court at trial, it shall issue an order that the deposition of the child be taken and preserved by videotape. SEC. 30. Sexual abuse shield rule. (a) Inadmissible evidence. The following evidence is not admissible in any criminal proceeding involving alleged child sexual abuse: (1) Evidence offered to prove that the alleged victim engaged in other sexual behavior; and (2) Evidence offered to prove the sexual predisposition of the alleged victim. (b) Exception. Evidence of specific instances of sexual behavior by the alleged victim to prove that a person other than the accused was the source of semen, injury, or other physical evidence shall be admissible. A party intending to offer such evidence must: (1) File a written motion at least fifteen (15) days before trial, specifically describing the evidence and stating the purpose for which it is offered, unless the court, for good cause, requires a different time for filing or permits filing during trial; and (2) Serve the motion on all parties and the guardian ad litem at least three (3) days before the hearing of the motion. Before admitting such evidence, the court must conduct a hearing in chambers and afford the child, his guardian ad litem, the parties, and their counsel a right to attend and be heard. The motion and the record of the hearing must be sealed and remain under seal and protected by a protective
order set forth in section 31(b). The child shall not be required to testify at the hearing in chambers except with his consent. SEC. 31. Protection of privacy and safety. (a) Confidentiality of records. Any record regarding a child shall be confidential and kept under seal. Except upon written request and order of the court, a record shall only be released to the following: (1) Members of the court staff for administrative use; (2) The prosecuting attorney; (3) Defense counsel; (4) The guardian ad litem; (5) Agents of investigating law enforcement agencies; and (6) Other persons as determined by the court. (b) Protective order. Any videotape or audiotape of a child that is part of the court record shall be under a protective order that provides as follows: (1) Tapes may be viewed only by parties, their counsel, their expert witness, and the guardian ad litem. (2) No tape, or any portion thereof, shall be divulged by any person mentioned in sub-section (a) to any other person, except as necessary for the trial. (3) No person shall be granted access to the tape, its transcription or any part thereof unless he signs a written affirmation that he has received and read a copy of the protective order; that he submits to the jurisdiction of the court with respect to the protective order; and that in case of violation thereof, he will be subject to the contempt power of the court. (4) Each of the tape cassettes and transcripts thereof made available to the parties, their counsel, and respective agents shall bear the following cautionary notice:
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This object or document and the contents thereof are subject to a protective order issued by the court in (case title) , (case number) . They shall not be examined, inspected, read, viewed, or copied by any person, or disclosed to any person, except as provided in the protective order. No additional copies of the tape or any of its portion shall be made, given, sold, or shown to any person without prior court order. Any person violating such protective order is subject to the contempt power of the court and other penalties prescribed by law. (5) No tape shall be given, loaned, sold, or shown to any person except as ordered by the court. (6) Within thirty (30) days from receipt, all copies of the tape and any transcripts thereof shall be returned to the clerk of court for safekeeping unless the period is extended by the court on motion of a party. (7) This protective order shall remain in full force and effect until further order of the court. (c) Additional protective orders. The court may, motu proprio or on motion of any party, the child, his parents, legal guardian, or the guardian ad litem, issue additional orders to protect the privacy of the child. (d) Publication of identity contemptuous. Whoever publishes or causes to be published in any format the name, address, telephone number, school, or other identifying information of a child who is or is alleged to be a victim or accused of a crime or a witness thereof, or an immediate family of the child shall be liable to the contempt power of the court. (e) Physical safety of child; exclusion of evidence. A child has a right at any court proceeding not to testify regarding personal identifying information, including his name, address, telephone number, school, and other information that could endanger his physical safety or his family. The court may, however, require the child to testify regarding personal identifying information in the interest of justice. (f) Destruction of videotapes and audiotapes. Any videotape or audiotape of a child produced under the provisions of this Rule or otherwise made part of the court record shall be destroyed after five (5) years have elapsed from the date of entry of judgment. (g) Records of youthful offender. Where a youthful offender has been charged before any city or provincial prosecutor 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 anyone 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 Chapter 3 of P. D. No. 603, 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 P. D. No. 603 or if he may be granted probation under the provisions of P. D. No. 968 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 sub-section shall include those which may be in the files of the National Bureau of Investigation and with any police department or government agency which may have been involved in the case. (Art. 200, P. D. No. 603) A.M. No. 02-6-02 SC: Rule on Adoption Sec. 18. Confidential Nature of Proceedings and Records. All hearings in adoption cases, after compliance with the jurisdictional requirements 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 security reasons or for purposes connected with or arising out of the adoption and will be for the best interests of the adoptee, the court may, upon proper motion, order the necessary information to be released, restricting the purposes for which it may be used.
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Article 17 (Media and Access to Information) States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall: (a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29; (b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources; (c) Encourage the production and dissemination of children's books; (d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous; (e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.
Constitution: Art. 3 Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may
be provided by law.
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performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children. 3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
PD 603 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 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 materia RA 8370 (Childrens Television Act, 1997) Section 3 (c). Child-friendly programs refer to programs not specifically designed for viewing by children but which serve to further the positive development of children and contain no elements that may result in physical, mental and emotional harm to them. These include various formats and genre that appeal to children and are made available for all ages from early childhood to adolescence
PD 603 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. FAMILY CODE Article 150. Family relations include those: (1) Between husband and wife; (2) Between parents and children; (3) Among brothers and sisters, whether of the full or half-blood
Article 18 (Common responsibility of parents and state support) 1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern. 2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the
Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. Article. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority.
Article. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated: (1) The surviving grandparent, as provided in Art. 214; (2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and (3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified. Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. Article 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties: (1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means; (2) To give them love and affection, advice and counsel, companionship and understanding; (3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals; To represent them in all matters affecting their interests; To demand from them respect and obedience; To impose discipline on them as may be required under the circumstances; and To perform such other duties as are imposed by law upon parents and guardians.
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assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper.
Article 224. The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency. The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. Upon proper petition or at its own instance, the court may terminate the commitment of the child whenever just and proper.
Article 19 (Abuse) 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
(4)
(5) (6) (7) (8)
Article 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court of the place where the child resides, for an order providing for disciplinary measures over the child. The child shall be entitled to the
EO. 56 : AUTHORIZING THE MINISTRY OF SOCIAL SERVICES AND DEVELOPMENT TO TAKE PROTECTIVE CUSTODY OF CHILD PROSTITUTES AND SEXUALLY EXPLOITED CHILDREN, AND FOR OTHER PURPOSES WHEREAS, for those who fall prey to prostitution and other forms of sexual exploitation due to their fragile age, immediate protection must be accorded by the government to arrest their moral decline and lead them back to the path of morality; WHEREAS, in pursuance of its responsibility over the welfare of the youth, the Ministry of Social Services and Development must be given more powers to implement effectively the government's commitment against child prostitution and exploitation. NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby by order: Sec. 1. Notwithstanding any provision of law to the contrary, any minor who is apprehended or taken into custody by any peace officer of by the duly authorized officers of the Ministry of Social Services and Development for engaging in prostitution or other illicit conduct punished under existing laws shall, immediately from such apprehension, be delivered by the arresting officer to the Ministry of Social Services and Development or to its duly authorized office or agency within a particular territorial jurisdiction for protective custody. The Ministry of Social Services and Development shall be responsible for the appearance of the minor under its protective custody in court or any administrative agency whenever required. For the purpose of this Executive Order, a minor shall refer to any person below sixteen (16) years of age. Sec. 2. The Ministry of Social Services and Development shall provide suitable programs for the full rehabilitation of the minors under its custody which shall, among others, include the appreciation of proper moral values, psychological or psychiatric treatment, education in the probable physical ailment or disease which they may contract or the dangers of unwanted pregnancy, and appropriate training for work-skills to prepare them for a decent living. Sec. 3. The custody of persons, other than the apprehended minor, shall be in accordance with the ordinary criminal procedure as prescribed by the Rules of Court and other laws. Sec. 4. The Ministry of Social Services and Development shall notify the
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mayors of the municipalities and cities of the business establishments, clubs, or houses, used or allowed to be used for prostitution of minors, and petition for the immediate forfeiture of their business licenses and closure of their business establishments. Sec. 5. The sum of Three Million (P3,000,000.00) Pesos is hereby appropriated out of any available funds in the National Treasury not otherwise appropriated, to defray the expenses of the Ministry of Social Services and Development in the implementation of this Executive Order. Thereafter, such sums as may be necessary for this purpose shall be included in the annual General Appropriations Act. Sec. 6. The Ministry of Social Services and Development is hereby authorized to call upon any ministry, bureau, office, agency or instrumentality of the government for assistance in the implementation of this Executive Order. Sec. 7. The Ministry of Social Services and Development shall, in coordination with the Ministry of Justice, promulgate the necessary rules and regulations to implement this Executive Order. Sec. 8. All laws, orders, issuances and rules and regulations or parts thereof inconsistent with this Executive Order are hereby repealed or modified accordingly. Sec. 9. This Executive Order shall take effect immediately. PD 603: THE CHILD AND YOUTH WELFARE CODE 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. (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. (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. 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
RA. 7610: AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES ARTICLE I. Title, Policy, Principles and Definitions of Terms Section 2. Declaration of State Policy and Principles . It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. RA 9208 (Anti-Trafficking in Persons Act of 2003) RA 9262 (Anti-Violence Against Women and their Children Act of 2004) Act No. 3815 - Revised Penal Code: Art. 263. Serious physical injuries. Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer: 1. The penalty of prision mayor, if in consequence of the physical
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injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind; 2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged; 3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days; 4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days. If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium periods. The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement. Art. 265. Less serious physical injuries. Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor. Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person, or under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall be imposed.
Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person. Art. 266. Slight physical injuries and maltreatment. The crime of slight physical injuries shall be punished: 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period. 2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance. 3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall illtreat another by deed without causing any injury. Art. 335. When and how rape is committed. Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. By using force or intimidation; 2. When the woman is deprived of reason or otherwise unconscious; and 3. When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present. The crime of rape shall be punished by reclusion perpetua. Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death. When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be likewise death. When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111, approved June 20, 1964). Art. 336. Acts of lasciviousness. Any person who shall commit any act
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of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shArt. 337. Qualified seduction. The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, homeservant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods. The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age. Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein. Art. 337. Qualified seduction. The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods. The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age. Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein. Art. 338. Simple seduction. The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.all be punished by prision correccional. Art. 353. Definition of libel. A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Art. 359. Slander by deed. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos. A.M. NO. 004-07-SC: Rule on Examination of a Child Witness (2000)
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SEC. 3. The Department of Education, Culture and Sports may enlist the assistance of any government agency or instrumentality to carry out the objectives of this Act. SEC. 4. All instructional materials needed by the public schools to teach the subject matter as provided under this Act shall be supplied by the Department of Education, Culture and Sports. SEC. 5. This Act shall take effect upon its approval.
Article 33 (Protection against Illicit Use of Narcotic Drugs and psychotropic substances) States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances. Article 34 (Protection against sexual abuse, sexual exploitation and trafficking) States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent: (a) The inducement or coercion of a child to engage in any unlawful sexual activity; (b) The exploitative use of children in prostitution or other unlawful sexual practices; (c) The exploitative use performances and materials. of children in pornographic
Supreme Court Administrative Circular 20-03 dated 03-19-2002 (cant find it in the internet)
RA. 7624 AN ACT INTEGRATING DRUG PREVENTION AND CONTROL IN THE INTERMEDIATE AND SECONDARY CURRICULA AS WELL AS IN THE NONFORMAL, INFORMAL AND INDIGENOUS LEARNING SYSTEMS AND FOR OTHER PURPOSES SECTION 1. There shall be integrated in the intermediate and secondary curricula whether in public or private schools as well as in the nonformal, informal, and indigenous learning programs the ill effects of drug abuse, drug addiction, or drug dependency. SEC. 2. The Department of Education, Culture and Sports in coordination with the Department of Health and the Dangerous Drugs Board shall promulgate such rules and regulations as may be necessary for effective implementation of this Act.
Article 35 (Protection against sexual abuse, sexual exploitation and trafficking)
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
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"The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: "1) When the victim is under eighteen (18) years of age, and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; '2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; "3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity; "4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; "5) When the victim is a child below seven (7) years old; "6) When the offender knows that he is afflicted with Human ImmuneDeficiency Virus (HIV) / Acquired Immune-Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim; "7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime; "8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability; "9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and "10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime. "Rape under paragraph 2 of the next preceding article shall be punished by prision mayor. " Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal. " When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal. " When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua. " When by reason or on the occasion of the rape, homicide is committed, the penalty shall be reclusion perpetua.
RA 7610 ( supra - Anti-Child Abuse law) RA. 8353 : "The Anti-Rape Law of 1997." SEC. 2. Rape as a Crime Against Persons .- The crime of rape shall hereafter be classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows: "Chapter Three" "Rape" "Article 266-A. Rape: When and How Committed. Rape is committed -"1) By a man who have carnal knowledge of a woman under any of the following circumstances: "a) Through force, threat or intimidation; "b) When the offended party is deprived of reason or is otherwise unconscious: "c) By means of fraudulent machination or grave abuse of authority; and "d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. "2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. "Article 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. "Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. "When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion perpetua to death. "When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death. "When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death.
" Reclusion temporal shall also be imposed if the rape is committed with any of the ten aggravating/qualifying circumstances mentioned in this article. " Article 266-C. Effect of Pardon.- The subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. "In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or penalty; Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio. " Article 266-D. Presumptions.- Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render he/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A." SEC. 3. Separability Clause.- If any part, sections or provision of this Act is declared invalid or unconstitutional, the other parts thereof not affected shall remain valid. SEC. 4. Repealing Clause.- Article 335 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly. SEC. 5. Effectivity.- This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of general circulation. RA 9208 ( supra Anti-trafficking) RA 9262 ( supra VAWC) RA. 9775: "Anti-Child Pornography Act of 2009." JURISPRUDENCE People v. Abadies FACTS Jose Abadies was charged with four counts of violation of RA 7610 for committing acts of lasciviousness upon her 17 year old daughter, Rosalie, by kissing, mashing her breasts and touching her private parts. Trial Court found him guilty. Abadies asserts that he was impliedly pardoned by Rosalie in not immediately telling her mother about the incidents.
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ISSUE Whether or not Abadies is guilty of violating RA 7610. HELD YES. Complainants failure to disclose about her misfortune to her mother does not destroy her credibility. Complainant explained that she did not tell her mother about her ordeal because she was afraid of the accused. Thus, although accused was not armed nor did he threaten complainant, his moral ascendancy over her is a sufficient substitute for the use of force or intimidation as required by Art336 RPC (elements of acts of lasciviousness). As to the implied pardon, such will not hold. The supposed pardon cannot be implied from the fact that the complainant did not immediately reveal to her mother her defloration. It was her fear of accused which restrained complainant from reporting the incidents to her mother. Moreover, Article 344 of the RPC and Section 5, Rule 110 of the Revised Rules of Criminal Procedure provide that the pardon must be express and cannot be based on hazy deduction. Amployo v. People FACTS Alvin Amployo was charged with violation of RA 7610 for touching, mashing and playing the breasts of Kristine Joy Mosguera, an 8 year old Grade 3 pupil without her consent. Amployo contends that the element of lewd design was not established since: (1) the incident happened at 7am, in a street near the school with people around; (2) the breast of an 8 year old is still very much underdeveloped; and (3) suppose h intentionally touched her breast, it was merely to satisfy a silly whim. He also argues that the resultant crime is only acts of lasciviousness under Art 336 RPC and not child abuse under RA 7610 as the elements thereof had not been proved. ISSUES Whether or not lewd design was established Whether or not Amployo violated RA 7610. HELD *Before an accused can be convicted of child abuse through lascivious conduct on a minor below 12 years of age, the requisites for acts of lasciviousness under Article 336 of the RPC must be met in addition to the requisites for sexual abuse under Section 5 of Rep. Act No. 7610.The first element is lewd design. The term lewd is commonly defined as something indecent or obscene; [12] it is characterized by or intended to excite crude sexual desire. That an
accused is entertaining a lewd or unchaste design is necessarily a mental process the existence of which can be inferred by overt acts carrying out such intention,i.e., by conduct that can only be interpreted as lewd or lascivious. The presence or absence of lewd designs is inferred from the nature of the acts themselves and the environmental circumstances. What is or what is not lewd conduct, by its very nature, cannot be pigeonholed into a precise definition. Lewd design was established. Amployo cannot take refuge in his version of the story as he has conveniently left out details which indubitably prove the presence of lewd design. It would have been easy to entertain the possibility that what happened was merely an accident if it only happened once. Such is not the case, however, as the very same petitioner did the very same act to the very same victim in the past. *The first element of RA 7610 obtains. petitioners act of purposely touching Kristine Joys breasts (sometimes under her shirt) amounts to lascivious conduct. The second element is likewise present. As we observed in People v. Larin, [24] Section 5 of Rep. Act No. 7610 does not merely cover a situation of a child being abused for profit, but also one in which a child engages in any lascivious conduct through coercion or intimidation. As case law has it, intimidation need not necessarily be irresistible. As to the third element, there is no dispute that Kristine Joy is a minor, as she was only eight years old at the time of the incident in question.
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HELD Yes. The elements of sexual abuse under Section 5, Article III of R.A. 7610 are as follows: 1. The accused commits the act of sexual intercourse or lascivious conduct. 2. The said act is performed with a child exploited in prostitution or subjected to other sexual abuse. 3. The child, whether male or female, is below 18 years of age. The first element obtains in this case. It was established beyond reasonable doubt that petitioner kissed Cristina and touched her breasts with lewd designs as inferred from the nature of the acts themselves and the environmental circumstances. The second element, i.e., that the act is performed with a child exploited in prostitution or subjected to other sexual abuse, is likewise present. Thus, a child is deemed subjected to other sexual abuse when the child indulges in lascivious conduct under the coercion or influence of any adult. In this case, Cristina was sexually abused because she was coerced or intimidated by petitioner to indulge in a lascivious conduct. Furthermore, it is inconsequential that the sexual abuse occurred only once. As expressly provided in Section 3 (b) of R.A. 7610, the abuse may be habitual or not. It must be observed that Article III of R.A. 7610 is captioned as Child Prostitution and Other Sexual Abuse because Congress really intended to cover a situation where the minor may have been coerced or intimidated into lascivious conduct, not necessarily for money or profit. The law covers not only child prostitution but also other forms of sexual abuse. As to the contention that the minority of Cristina was not properly alleged in the information, the SC ruled that: Petitioner was furnished a copy of the Complaint which was mentioned in the information, hence he was adequately informed of the age of the complainant. Malto v. People FACTS Sometime during the month of November 1997 to 1998, Malto seduced his student, AAA, a minor, to indulge in sexual intercourse several times with him. Prior to the incident, petitioner and AAA had a mutual understanding and became sweethearts. Pressured and afraid of the petitioners threat to end their relationship, AAA succumbed and both had sexual intercourse. Upon discovery of what AAA underwent, BBB, AAAs mother lodged a complaint in the Office of the City Prosecutor of Pasay City which led to the
Olivarez v. CA FACTS Isidro Olivares was charged with violation of RA 7610 for touching the breast and kissing the lips of Cristina Elitiong, a 16-year old high school student employed by the former in making sampaguita garlands during weekends. The trial court found him guilty; affirmed by the CA. Petitioner now alleges that his right to be informed of the nature and cause of the accusation against him was violated for failure to allege in the information the essential elements of the offense for which he is being charged. ISSUE Whether or not Olivares can be charged with violation of RA 7610.
filing of Criminal Case No. 00-0691. The petitioner did not make a plea when arraigned. Hence, the trial court entered for him a plea of not guilty. The trial court found the evidence for the prosecution sufficient to sustain petitioners conviction. The trail court rendered a decision finding petitioner guilty and sentenced him to reclusion temporal and to pay an indemnity of Php. 75,000 and damages of Php. 50,000. Petitioner questioned the trial courts decision in the CA. The CA modified the decision of the trial court. The appellate court affirmed his conviction and ruled that the trial court erred in awarding Php. 75,000 civil indemnity in favor of AAA as it was proper only in a conviction for rape committed under the circumstances under which the death penalty was authorized by law. ISSUE Whether the CA erred in sustaining petitioners conviction on the grounds that there was no rape committed since their sexual intercourse was consensual by reason of their sweetheart relationship HELD NO. The sweetheart theory cannot be invoked for purposes of sexual intercourse and lascivious conduct in child abuse cases under RA 7610. Consent is immaterial because the mere act of having sexual intercourse or committing lascivious conduct with a child who is subjected to sexual abuse constitutes the offense. Moreover, a child is presumed by law to be incapable of giving rational consent to any lascivious act or sexual intercourse.
Aberin, Guerra,
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allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. 2. States Parties shall in accordance with their national laws ensure alternative care for such a child. 3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.
EO 209 (Family Code) Art 217. In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's homes, orphanages and similar institutions duly accredited by the proper government agency. (314a) PD 603 Article 3 (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. SPECIAL CATEGORIES OF CHILDREN CHAPTER I Dependent, 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 occur in two ways: (a) There is a physical neglect when the child is malnourished, ill clad and without proper shelter. (b) A child is unattended when left by himself without provisions for his needs and/or without proper supervision.
Article 36 (All forms of exploitation) States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.
Article 20 ( Special protection and alternative care) 1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be
(c) 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. (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 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
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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 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 adoption proceedings in such manner as shall best inure to the child's welfare. PD 1083: A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES Article 64. Adoption. No adoption in any form shall confer upon any person the status and rights of a legitimate child under Muslim law, except that said person may receive a gift (hiba).
Article 21 (Adoption) States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall: (a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary; (b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin; (c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in
the case of national adoption;
Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption RA 8552 (Domestic Adoption Act) RA 8043 (Inter-country Adoption Act) Amended Implementing Rules and Regulations on Inter-Country Adoption RA 9523 (Certification to Declare a Child Legally Available for Adoption) JURISPRUDENCE Herbert Cang v. CA (supra) In the Matter Stephanie Nathy Atorga Garcia (supra) Isabelita S. Lahom v. Jose Melvin Sibulo FACTS In 1971, Dr. and Mrs. Lahom filed a petition for the adoption of Jose Melvin, which the court granted in 1972, ordering the Civil Registrar of Naga City to change the name Jose Melvin Sibulo to Jose Melvin Lahom. Unfortunately, in 1999, Mrs. Lahom commenced a petition to rescind the decree of adoption. Prior to the institution of the case, RA 8552 (Domestic Adoption Act) went into effect. It deleted from the law the right of adopters to rescind a decree of adoption. Jose Melvin moved for the dismissal of the petition, contending principally (a) that the trial court had no jurisdiction over the case and (b) that the petitioner had no cause of action in view of the aforequoted provisions of R.A. No. 8552. However, Petitioner asseverated, by way of opposition, that the proscription in R.A. No. 8552 should not retroactively apply, i.e., to cases where the ground for rescission of the adoption vested under the regime of then Article 348 of the Civil Code and Article 192 of the Family Code. The trial court dismissed the petition ruling that Section 19, Article VI of RA No. 8552 deleted the right of an adopter to rescind an adoption earlier granted under the Family Code. Further, it ruled that even assuming that petitioner is entitled to rescind the adoption, said right should have been exercised within the period allowed by the Rules. From the averments in the petition, it appears clear that the legal grounds for the petition have been discovered and known to petitioner for more than five (5) years, prior to the filing of the instant petition on December 1, 1999, hence, the action if any, had already prescribed. (Sec. 5, Rule 100 Revised Rules of Court) ISSUE Whether the subject adoption, decreed on May 05 1972, may still be rescinded by an adopter after the effectivity of RA No. 8852?
Aberin, Guerra,
4 0
HELD: NO It was months after the effectivity of R.A. No. 8552 that herein petitioner filed an action to revoke the decree of adoption granted in 1975. By then, the new law, had already abrogated and repealed the right of an adopter under the Civil Code and the Family Code to rescind a decree of adoption. Consistently with its earlier pronouncements, the Court should now hold that the action for rescission of the adoption decree, having been initiated by petitioner after R.A. No. 8552 had come into force, no longer could be pursued. While R.A. No. 8552 has unqualifiedly withdrawn from an adopter a consequential right to rescind the adoption decree even in cases where the adoption might clearly turn out to be undesirable, it remains, nevertheless, the bounden duty of the Court to apply the law. Dura lex sed lex would be the hackneyed truism that those caught in the law have to live with. It is still noteworthy, however, that an adopter, while barred from severing the legal ties of adoption, can always for valid reasons cause the forfeiture of certain benefits otherwise accruing to an undeserving child. For instance, upon the grounds recognized by law, an adopter may deny to an adopted child his legitime and, by a will and testament, may freely exclude him from having a share in the disposable portion of his estate.

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CHILDRENS RIGHTS CLASS 1st Sem 2010 Aberin, Guerra, Sanchez, Sarines, Wong

Article 7 (Right to a Name)

Article 15 (Freedom of Association)

(5) (6) (7) (8)

Article 35 (Protection against sexual abuse, sexual exploitation and trafficking)

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CHILDRENS RIGHTS CLASS 1st Sem 2010 Aberin, Guerra, Sanchez, Sarines, Wong

Article 7 (Right to a Name)

Article 15 (Freedom of Association)

(5) (6) (7) (8)

Article 35 (Protection against sexual abuse, sexual exploitation and trafficking)

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Children's Rights Reviewer

Children's Rights Reviewer