PRESIDENTIAL DECREE No.

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

development of his personality to the end that he
THE CHILD AND YOUTH WELFARE CODE may become a happy, useful and active member of
TITLE I society.

GENERAL PRINCIPLES The gifted child shall be given opportunity and

encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted
Article 1. Declaration of Policy. - The Child is child shall be treated with sympathy and
one of the most important assets of the nation. understanding, and shall be entitled to treatment
Every effort should be exerted to promote his and competent care.
welfare and enhance his opportunities for a useful
and happy life.The child is not a mere creature of
the State. Hence, his individual traits and aptitudes The physically or mentally handicapped child shall
should be cultivated to the utmost insofar as they be given the treatment, education and care required
do not conflict with the general welfare.The by his particular condition.
molding of the character of the child starts at the
home. Consequently, every member of the family (4) Every child has the right to a balanced diet,
should strive to make the home a wholesome and adequate clothing, sufficient shelter, proper medical
harmonious place as its atmosphere and conditions attention, and all the basic physical requirements of
will greatly influence the child's a healthy and vigorous life.
development.Attachment to the home and strong
family ties should be encouraged but not to the (5) Every child has the right to be brought up in an
extent of making the home isolated and exclusive atmosphere of morality and rectitude for the
and unconcerned with the interests of the enrichment and the strengthening of his character.
community and the country. The natural right and (6) Every child has the right to an education
duty of parents in the rearing of the child for civic commensurate with his abilities and to the
efficiency should receive the aid and support of the development of his skills for the improvement of
government. Other institutions, like the school, the his capacity for service to himself and to his
church, the guild, and the community in general, fellowmen.
should assist the home and the State in the
endeavor to prepare the child for the (7) Every child has the right to full opportunities
responsibilities of adulthood. for safe and wholesome recreation and activities,
individual as well as social, for the wholesome use
Article 2. Title and Scope of Code. - The Code of his leisure hours.
shall be known as the Child and Youth Welfare
Code. It shall apply to persons below twenty-one (8) Every child has the right to protection against
years of age except those emancipated in exploitation, improper influences, hazards, and
accordance with law. "Child" or "minor" or "youth" other conditions or circumstances prejudicial to his
as used in this Code, shall refer to such persons. physical, mental, emotional, social and moral
development.
Article 3. Rights of the Child. - All children shall
be entitled to the rights herein set forth without (9) Every child has the right to live in a community
distinction as to legitimacy or illegitimacy, sex, and a society that can offer him an environment
social status, religion, political antecedents, and free from pernicious influences and conducive to
other factors. the promotion of his health and the cultivation of
his desirable traits and attributes.
(1) Every child is endowed with the dignity and
worth of a human being from the moment of his (10) Every child has the right to the care,
conception, as generally accepted in medical assistance, and protection of the State, particularly
parlance, and has, therefore, the right to be born when his parents or guardians fail or are unable to
well. provide him with his fundamental needs for
growth, development, and improvement.
(2) Every child has the right to a wholesome family
life that will provide him with love, care and (11) Every child has the right to an efficient and
understanding, guidance and counseling, and moral honest government that will deepen his faith in
and material security. democracy and inspire him with the morality of the
constituted authorities both in their public and
The dependent or abandoned child shall be private lives.
provided with the nearest substitute for a home.
(12) Every child has the right to grow up as a free shall be issued except on the request of any of the
individual, in an atmosphere of peace, following:
understanding, tolerance, and universal
brotherhood, and with the determination to (1) The person himself, or any person
contribute his share in the building of a better authorized by him;
world. (2) His spouse, his parent or parents, his
Article 4. Responsibilities of the Child. - Every direct descendants, or the guardian or
child, regardless of the circumstances of his birth, institution legally in-charge of him if he is
sex, religion, social status, political antecedents and a minor;
other factors shall: (3) The court or proper public official
(1) Strive to lead an upright and virtuous life in whenever absolutely necessary in
accordance with the tenets of his religion, the administrative, judicial or other official
teachings of his elders and mentors, and the proceedings to determine the identity of
biddings of a clean conscience; the child's parents or other circumstances
surrounding his birth; and
(2) Love, respect and obey his parents, and
cooperate with them in the strengthening of the (4) In case of the person's death, the
family; nearest of kin.

(3) Extend to his brothers and sisters his love, Any person violating the prohibition shall
thoughtfulness, and helpfulness, and endeavor with suffer the penalty of imprisonment of at
them to keep the family harmonious and united; least two months or a fine in an amount
not exceeding five hundred pesos, or both,
(4) Exert his utmost to develop his potentialities for in the discretion of the court.
service, particularly by undergoing a formal
education suited to his abilities, in order that he Article 8. Child's Welfare Paramount. - In all
may become an asset to himself and to society; questions regarding the care, custody, education
and property of the child, his welfare shall be the
(5) Respect not only his elders but also the customs paramount consideration.
and traditions of our people, the memory of our
heroes, the duly constituted authorities, the laws of Article 9. Levels of Growth. - The child shall be
our country, and the principles and institutions of given adequate care, assistance and guidance
democracy; through his various levels of growth, from infancy
to early and later childhood, to puberty and
(6) Participate actively in civic affairs and in the adolescence, and when necessary even after he
promotion of the general welfare, always bearing in shall have attained age 21.
mind that it is the youth who will eventually be
called upon to discharge the responsibility of Article 10. Phases of Development. - The child
leadership in shaping the nation's future; and shall enjoy special protection and shall be given
opportunities and facilities, by law and by other
(7) Help in the observance of individual human means, to ensure and enable his fullest
rights, the strengthening of freedom everywhere, development physically, mentally, emotionally,
the fostering of cooperation among nations in the morally, spiritually and socially in a healthy and
pursuit of their common aspirations for programs normal manner and in conditions of freedom and
and prosperity, and the furtherance of world peace. dignity appropriate to the corresponding
developmental stage.
Article 5. Commencement of Civil Personality. -
The civil personality of the child shall commence Article 11. Promotion of Health. - The promotion
from the time of his conception, for all purposes of the Child's health shall begin with adequate pre-
favorable to him, subject to the requirements of natal and post-natal care both for him and his
Article 41 of the Civil Code. mother. All appropriate measures shall be taken to
insure his normal total development.
Article 6. Abortion. - The abortion of a conceived
child, whether such act be intentional or not, shall
be governed by the pertinent provisions of the
Revised Penal Code. It shall be the responsibility of the health, welfare,
and educational entities to assist the parents in
Article 7. Non-disclosure of Birth Records. - The looking after the health of the child.
records of a person's birth shall be kept strictly
confidential and no information relating thereto Article 12. Education. - The schools and other
entities engaged in non-formal education shall
assist the parents in providing the best education or sister who is at least eighteen years of age, or the
for the child. relative who has actual custody of the child, shall
exercise parental authority in case of absence or
Article 13. Social and Emotional Growth. - Steps death of both parents, unless a guardian has been
shall be taken to insure the child's healthy social appointed in accordance with the succeeding
and emotional growth. These shall be undertaken provision.
by the home in collaboration with the schools and
other agencies engaged in the promotion of child Article 20. Guardian. - The court may, upon the
welfare. death of the parents and in the cases mentioned in
Arts. 328 to 332 of the Civil Code, appoint a
Article 14. Morality. - High moral principles guardian for the person and property of the child,
should be instilled in the child, particularly in the on petition of any relative or friend of the family or
home, the school, and the church to which he the Department of Social Welfare.
belongs.
Article 21. Dependent, Abandoned or Neglected
Article 15. Spiritual Values. - The promotion of Child. - The dependent, abandoned or neglected
the child's spiritual well-being according to the child shall be under the parental authority of a
precepts of his religion should, as much as possible, suitable or accredited person or institution that is
be encouraged by the State. caring for him as provided for under the four
Article 16. Civic Conscience. - The civic preceding articles, after the child has been declared
conscience of the child shall not be overlooked. He abandoned by either the court or the Department of
shall be brought up in an atmosphere of universal Social Welfare.
understanding, tolerance, friendship, and Article 22. Transfer to the Department of Social
helpfulness and in full consciousness of his Welfare. - The dependent, abandoned or neglected
responsibilities as a member of society. child may be transferred to the care of the
TITLE II Department of Social Welfare or a duly licensed
child-caring institution or individual in accordance
CHILD AND YOUTH WELFARE AND THE with Articles 142 and 154 of this Code, or upon the
HOME request of the person or institution exercising
parental authority over him.
From the time of such transfer, the Department of
CHAPTER I Social Welfare or the duly licensed child-caring
institution or individual shall be considered the
Parental Authority
guardian of the child for all intents and purposes.
SECTION A. In General
Article 23. Case Study. - It shall be the duty of the
Article 17. Joint Parental Authority. - The father Department of Social Welfare to make a case study
and mother shall exercise jointly just and of every child who is the subject of guardianship or
reasonable parental authority and responsibility custody proceedings and to submit its report and
over their legitimate or adopted children. In case of recommendations on the matter to the court for its
disagreement, the father's decision shall prevail guidance.
unless there is a judicial order to the contrary.
Article 24. Intervention of Department of Social
In case of the absence or death of either parent, the Welfare. - The Department of Social Welfare shall
present or surviving parent shall continue to intervene on behalf of the child if it finds, after its
exercise parental authority over such children, case study, that the petition for guardianship or
unless in case of the surviving parent's remarriage, custody should be denied.
the court, for justifiable reasons, appoints another
Article 25. Hearings Confidential. - The hearing
person as guardian.
on guardianship and custody proceedings may, at
In case of separation of his parents, no child under the discretion of the court, be closed to the public
five years of age shall be separated from his mother and the records thereof shall not be released
unless the court finds compelling reasons to do so. without its approval.

Article 18. Grandparents. - Grandparents shall be

consulted on important family questions but they
shall not interfere in the exercise of parental
authority by the parents.
Article 19. Absence or Death of Parents. -
Grandparents and in their default, the oldest brother
Article 26. Repealing Clause. - All provisions of 1. The person to be adopted, if
the Civil Code on parental authority which are not fourteen years of age or over;
inconsistent with the provisions of this Chapter 2. The natural parents of the child
shall remain in force: Provided, That Articles 334 or his legal guardian of the
up to 348 inclusive on Adoption, are hereby Department of Social Welfare or
expressly repealed and replaced by Section B of any duly licensed child
this Chapter. placement agency under whose
care the child may be;
SECTION B. Adoption 3. The natural children, fourteen
Article 27. Who May Adopt. - Any person of age years and above, of the adopting
and in full possession of his civil rights may adopt: parents.
Provided, That he is in a position to support and Article 32. Hurried Decisions. - In all proceedings
care for his legitimate, legitimated, acknowledged for adoption, steps should be taken by the court to
natural children, or natural children by legal fiction, prevent the natural parents from making hurried
or other illegitimate children, in keeping with the decisions caused by strain or anxiety to give up the
means, both material and otherwise, of the family. child, and to ascertain, that all measures to
In all cases of adoption the adopter must be at least strengthen the family have been exhausted and that
fifteen years older than the person to be adopted. any prolonged stay of the child in his own home
Article 28. Who May Not Adopt. - The following will be inimical to his welfare and interest.
persons may not adopt: Article 33. Case Study. - No petition for adoption
1. A married person without the shall be granted unless the Department of Social
written consent of the spouse; Welfare, or the Social Work and Counselling
2. The guardian with respect to the Division, in case of Juvenile and Domestic
ward prior to final approval of his Relations Courts, has made a case study of the
accounts; child to be adopted, his natural parents as well as
3. Any person who has been the prospective adopting parents, and has submitted
convicted of a crime involving its report and recommendations on the matter to the
moral turpitude; court hearing such petition. The Department of
4. An alien who is disqualified to Social Welfare shall intervene on behalf of the child
adopt according to the laws of his if it finds, after such case study, that the petition
own country or one with whose should be denied.
government the Republic of the Article 34. Procedure. - The proceedings for
Philippines has broken adoption shall be governed by the Rules of Court in
diplomatic relations. so far as they are not in conflict with this Chapter.
Article 35. Trial Custody. - No petition for
Article 29. Adoption by Husband and Wife. - adoption shall be finally granted unless and until
Husband and Wife may jointly adopt. In such case, the adopting parents are given by the court a
parental authority shall be exercised as if the child supervised trial custody period of at least six
were their own by nature. months to assess their adjustment and emotional
readiness for the legal union. During the period of
Article 30. Who May Not Be Adopted. - The trial custody parental authority shall be vested in
following may not be adopted: the adopting parents.

1. A married person, without the The court may, upon its own motion or on motion
written consent of the spouse; of the petitioner, reduce or dispense with the trial
2. An alien with whose government period if it finds that it is to the best interest of the
the Republic of the Philippines child. In such case, the court shall state its reasons
has broken diplomatic relations; for reducing said period.
3. A person who has already been
adopted unless the adoption has Article 36. Decree of Adoption. - If, after
been previously revoked or considering the report of the Department of Social
rescinded in accordance with this Welfare or duly licensed child placement agency
Chapter. and the evidence submitted before it, the court is
satisfied that the petitioner is qualified to maintain,
Article 31. Whose Consent is Necessary. - The care for, and educate the child, that the trial custody
written consent of the following to the adoption period has been completed, and that the best
shall be necessary: interests of the child will be promoted by the
adoption, a decree of adoption shall be entered,
which shall be effective as of the date the original a spouse, such illegitimate issue
petition was filed. The decree shall state the name collectively or the spouse shall receive
by which the child is thenceforth to be known. one-fourth of such property; if the adopted
is survived by illegitimate issue and a
Article 37. Civil Registry Record. - The adoption spouse, then the former collectively shall
shall be recorded in the local civil register and shall receive one-fourth and the latter also one-
be annotated on the record of birth, and the same fourth, the rest in any case reverting to the
shall entitle the adopted person to the issuance of adopter, observing in the case of the
an amended certificate of birth. illegitimate issue the proportion provided
Article 38. Confidential Nature of Proceedings for in Article 895 of the Civil Code.
and Records. - All hearings in adoption cases shall The adopter shall not be a legal heir of the
be confidential and shall not be open to the public. adopted person, whose parents by nature shall
All records, books and papers relating to the inherit from him, except that if the latter are
adoption cases in the files of the court, of the both dead, the adopting parent or parents take
Department of Social Welfare, and of any other the place of the natural parents in the line of
agency or institution participating in the adoption succession, whether testate or interstate.
proceedings, shall be kept strictly confidential.
Article 40. Rescission by Adopted. - The adopted
Subject to the provisions of Article 7, in any case in person or the Department of Social Welfare or any
which information from such records, books and duly licensed child placement agency if the adopted
papers is needed, the person or agency requesting is still a minor or otherwise incapacitated, may ask
the release of the information may file a petition to for the rescission of the adoption on the same
the court which entered the decree of adoption for grounds that cause the loss of parental authority
its release. If the court finds that the disclosure of under the Civil Code.
the information is necessary for purposes connected
with or arising out of the adoption and will be for Article 41. Revocation by Adopter. - The adopter
the best interests of the child, the court may permit may petition the court for the revocation of the
the necessary information to be released, restricting adoption in any of these cases:
the purposes for which it may be used.
1. If the adopted person has attempted
Article 39. Effects of Adoption. - The adoption against the life of the adopter and/or his
shall: spouse;
2. When the adopted minor has abandoned
1. Give to the adopted person the same rights the home of the adopter for more than
and duties as if he were a legitimate child three years and efforts have been
of the adopter: Provided, That an adopted exhausted to locate the minor within the
child cannot acquire Philippine citizenship stated period;
by virtue of such adoption; lawphi1.net 3. When by other acts the adopted person has
2. Dissolve the authority vested in the natural definitely repudiated the adoption.
parent or parents, except where the
adopter is the spouse of the surviving Article 42. Effects of Rescission or Revocation. -
natural parent; Where the adopted minor has not reached the age
3. Entitle the adopted person to use the of majority at the time of the revocation or
adopter's surname; and rescission referred to in the next preceding articles,
4. Make the adopted person a legal heir of the court in the same proceeding shall determine
the adopter: Provided, That if the adopter whether he should be returned to the parental
is survived by legitimate parents or authority of his natural parents or remitted to the
ascendants and by an adopted person, the Department of Social Welfare or any duly licensed
latter shall not have more successional child placement agency or whether a guardian over
rights than an acknowledged natural child: his person and property should be appointed.
Provided, further, That any property
received gratuitously by the adopted from Where the adopted child has reached the age of
the adopter shall revert to the adopter majority, the revocation or rescission, if and when
should the former predecease the latter granted by the court, shall release him from all
without legitimate issue unless the adopted obligations to his adopting parents and shall
has, during his lifetime, alienated such extinguish all his rights against them: Provided,
property: Provided, finally, That in the last That if the said adopted person is physically or
case, should the adopted leave no property mentally handicapped as to need a guardian over
other than that received from the adopter, his person or property, or both, the court may
and he is survived by illegitimate issue or appoint a guardian in accordance with the
provisions of existing law.
In all cases of revocation or rescission, the adopted discussion of family affairs, especially in matters
shall lose the right to continue using the adopter's that particularly concern him. In cases involving his
surname and the court shall order the amendment discipline, the child shall be given a chance to
of the records in the Civil Register in accordance present his side.
with its decision.
Article 48. Winning Child's Confidence. -
Parents shall endeavor to win the child's confidence
and to encourage him to conduct with them on his
CHAPTER II activities and problems.
Rights of Parents Article 49. Child Living Away from Home. - If
Article 43. Primary Right of Parents. - The by reason of his studies or for other causes, a child
parents shall have the right to the company of their does not live with his parents, the latter shall
children and, in relation to all other persons or communicate with him regularly and visit him as
institutions dealing with the child's development, often as possible. The parents shall see to it that the
the primary right and obligation to provide for their child lives in a safe and wholesome place and
upbringing. under responsible adult care and supervision.

Article 44. Rights Under the Civil Code. - Article 50. Special Talents. - Parents shall
Parents shall continue to exercise the rights endeavor to discover the child's talents or aptitudes,
mentioned in Articles 316 to 326 of the Civil Code if any, and to encourage and develop them. If the
over the person and property of the child. child is especially gifted, his parents shall report
this fact to the National Center for Gifted Children
Article 45. Right to Discipline Child. - Parents or to other agencies concerned so that official
have the right to discipline the child as may be assistance or recognition may be extended to him.
necessary for the formation of his good character,
and may therefore require from him obedience to
just and reasonable rules, suggestions and Article 51. Reading Habit. - The reading habit
admonitions. should be cultivated in the home. Parents shall,
CHAPTER III whenever possible, provide the child with good and
wholesome reading material, taking into
Duties of Parents consideration his age and emotional development.
They shall guard against the introduction in the
Article 46. General Duties. - Parents shall have home of pornographic and other unwholesome
the following general duties toward their children: publications.
1. To give him affection, companionship and Article 52. Association with Other Children. -
understanding; Parents shall encourage the child to associate with
2. To extend to him the benefits of moral other children of his own age with whom he can
guidance, self-discipline and religious develop common interests of useful and salutary
instruction; lawphi1.net nature. It shall be their duty to know the child's
3. To supervise his activities, including his friends and their activities and to prevent him from
recreation; lawphi1.net falling into bad company. The child should not be
4. To inculcate in him the value of industry, allowed to stay out late at night to the detriment of
thrift and self-reliance; his health, studies or morals.
5. To stimulate his interest in civic affairs,
teach him the duties of citizenship, and
develop his commitment to his country;
6. To advise him properly on any matter Article 53. Community Activities. - Parents shall
affecting his development and well-being; give the child every opportunity to form or join
7. To always set a good example; social, cultural, educational, recreational, civic or
8. To provide him with adequate support, as religious organizations or movements and other
defined in Article 290 of the Civil Code; useful community activities.
and Article 54. Social Gatherings. - When a party or
9. To administer his property, if any, gathering is held, the parents or a responsible
according to his best interests, subject to person should be present to supervise the same.
the provisions of Article 320 of the Civil
Code. Article 55. Vices. - Parents shall take special care
to prevent the child from becoming addicted to
Article 47. Family Affairs. - Whenever proper, intoxicating drinks, narcotic drugs, smoking,
parents shall allow the child to participate in the gambling, and other vices or harmful practices.
Article 56. Choice of career. - The child shall have the parent knows to have been illegally
the right to choose his own career. Parents may procured. If the motor vehicle driven by
advise him on this matter but should not impose on the child belongs to the parent, it shall be
him their own choice. presumed that he permitted or ordered the
child to drive. "Parents" as here used shall
Article 57. Marriage. - Subject to the provisions include the guardian and the head of the
of the Civil Code, the child shall have the institution or foster home which has
prerogative of choosing his future spouse. Parents custody of the child.
should not force or unduly influence him to marry a
person he has not freely chosen. Article 60. Penalty. - The act mentioned in the
preceding article shall be punishable with
CHAPTER IV imprisonment from two or six months or a fine not
Liabilities of Parents exceeding five hundred pesos, or both, at the
discretion of the Court, unless a higher penalty is
Article 58. Torts. - Parents and guardians are provided for in the Revised Penal Code or special
responsible for the damage caused by the child laws, without prejudice to actions for the
under their parental authority in accordance with involuntary commitment of the child under Title
the Civil Code. VIII of this Code.

Article 59. Crimes. - Criminal liability shall attach CHAPTER V

to any parent who:
Assistance to Parents
1. Conceals or abandons the child with intent
to make such child lose his civil status. Article 61. Admonition to Parents. - Whenever a
2. Abandons the child under such parent or guardian is found to have been
circumstances as to deprive him of the unreasonably neglectful in the performance of his
love, care and protection he needs. duties toward the child, he shall be admonished by
3. Sells or abandons the child to another the Department of Social Welfare or by the local
person for valuable consideration. Council for the Protection of Children referred to in
4. Neglects the child by not giving him the Article 87.
education which the family's station in life Whenever a child is found delinquent by any court,
and financial conditions permit. the father, mother or guardian may be judicially
5. Fails or refuses, without justifiable admonished.
grounds, to enroll the child as required by
Article 72. Article 62. Medical and Dental Services. - If the
6. Causes, abates, or permits the truancy of child has special health problems, his parents shall
the child from the school where he is be entitled to such assistance from the government
enrolled. "Truancy" as here used means as may be necessary for his care and treatment in
absence without cause for more than addition to other benefits provided for under
twenty schooldays, not necessarily existing law.
consecutive
7. It shall be the duty of the teacher in charge Article 63. Financial Aid and Social Services to
to report to the parents the absences of the Needy Families. - Special financial or material aid
child the moment these exceed five and social services shall be given to any needy
schooldays. family, to help maintain the child or children in the
8. Improperly exploits the child by using home and prevent their placement elsewhere.
him, directly or indirectly, such as for The amount of such aid shall be determined by the
purposes of begging and other acts which Department of Social Welfare, taking into
are inimical to his interest and welfare. consideration, among other things, the self-
9. Inflicts cruel and unusual punishment employment of any of the family members and
upon the child or deliberately subjects him shall be paid from any funds available for the
to indignation and other excessive purpose.
chastisement that embarrass or humiliate
him. Article 64. Assistance to Widowed or Abandoned
10. Causes or encourages the child to lead an Parent and Her Minor Dependents. - The State
immoral or dissolute life. shall give assistance to widowed or abandoned
11. Permits the child to possess, handle or parent or where either spouse is on prolonged
carry a deadly weapon, regardless of its absence due to illness, imprisonment, etc. and who
ownership. is unable to support his/her children. Financial and
12. Allows or requires the child to drive other essential social services shall be given by the
without a license or with a license which National Government or other duly licensed
agencies with similar functions to help such parent TITLE III.
acquire the necessary knowledge or skill needed for
the proper care and maintenance of the family. CHILD AND YOUTH WELFARE AND
EDUCATION
Article 65. Criterion for Aid. - The criteria to
determine eligibility for the aid mentioned in the CHAPTER I
next two preceding articles shall be (1) the age of Access to Educational Opportunities
the child or children (2) the financial condition of
the family, (3) the degree of deprivation of parental Article 71. Admission to Schools. - The state shall
care and support, and (4) the inability to exercise see to it that no child is refused admission in public
parental authority. schools. All parents are required to enroll their
children in schools to complete, at least, an
Article 66. Assistance to Unmarried Mothers elementary education.
and Their Children. - Any unmarried mother may,
before and after the birth of the child, seek the Article 72. Assistance. - To implement effectively
assistance and advice of the Department of Social the compulsory education policy, all necessary
Welfare or any duly licensed child placement assistance possible shall be given to parents,
agency. The said agencies shall offer specialized specially indigent ones or those who need the
professional services which include confidential services of children at home, to enable the children
help and protection to such mother and her child, to acquire at least an elementary education. Such
including placement of protection to such mother assistance may be in the form of special school
and child, including placement of such mother's programs which may not require continuous
rights, if any, against the father of such child. attendance in school, or aid in the form of
necessary school supplies, school lunch, or
CHAPTER VI whatever constitutes a bar to a child's attendance in
Foster-Care school or access to elementary education.

Article 67. Foster Homes. - Foster Homes shall be Article 73. Nursery School. - To further help
chosen and supervised by the Department of Social promote the welfare of children of working
Welfare or any duly licensed child placement mothers and indigent parents, and in keeping with
agency when and as the need therefore arises. They the Constitutional provision on the maintenance of
shall be run by married couples, to be licensed only an adequate system of public education, public
after thorough investigation of their character, nursery and kindergarten schools shall be
background, motivation and competence to act as maintained, whenever possible. The operation and
foster parents. maintenance of such schools shall be the
responsibility of local governments. Aid from local
Article 68. Institutional Care. - Assignment of the school board funds, when available, may be
child to a foster home shall be preferred to provided.
institutional care. Unless absolutely necessary, no
child below nine years of age shall be placed in an Article 74. Special Classes. - Where needs
institution. An older child may be taken into an warrant, there shall be at least special classes in
institution for child care if a thorough social case every province, and, if possible, special schools for
study indicates that he will derive more benefit the physically handicapped, the mentally retarded,
therefrom. the emotionally disturbed, and the specially gifted.
The private sector shall be given all the necessary
Article 69. Day-care service and other substitute inducement and encouragement to establish such
parental arrangement. - Day-care and other classes or schools.
substitute parental arrangement shall be provided a
child whose parents and relatives are not able to Article 75. School Plants and Facilities. - Local
care for him during the day. Such arrangements school officials and local government officials shall
shall be the subject of accreditation and licensing see to it that school children and students are
by the Department of Social Welfare. provided with adequate schoolrooms and facilities
including playground, space, and facilities for
Article 70. Treatment of Child Under Foster sports and physical development activities. Such
Care. - A child under foster care shall be given, as officials should see to it that the school
much as possible, the affection and understanding environment is free from hazards to the health and
that his own parents, if alive or present, would or safety of the students and that there are adequate
should have extended to him. Foster care shall take safety measures for any emergencies such as
into consideration the temporary nature of the accessible exits, firefighting equipment, and the
placement and shall not alienate the child from his like. All children shall have the free access to
parents. adequate dental and medical services.
 CHAPTER II which the students belong. All churches may offer
religious instruction in public and private
The Home and the School elementary and secondary schools, subject to the
Article 76. Role of the Home. - The home shall requirements of the Constitution and existing laws.
fully support the school in the implementation of Article 82. Assistance to Churches. - Insofar as
the total school program - curricular and co- may be allowed by the Constitution, the
curricular - toward the proper physical, social, government shall extend to all churches, without
intellectual and moral development of the child. discrimination or preference, every opportunity to
Article 77. Parent-Teacher Associations. - Every exercise their influence and disseminate their
elementary and secondary school shall organize a teachings.
parent-teacher association for the purpose of Article 83. Parents. - Parents shall admonish their
providing a forum for the discussion of problems children to heed the teachings of their Church and
and their solutions, relating to the total school to perform their religious duties. Whenever
program, and for insuring the full cooperation of possible, parents shall accompany their children to
parents in the efficient implementation of such the regular devotion of their Church and other
program. All parents who have children enrolled in religious ceremonies.
a school are encouraged to be active members of its
PTA, and to comply with whatever obligations and TITLE V.
responsibilities such membership entails.
CHILD AND YOUTH WELFARE AND THE
COMMUNITY
Parent-Teacher Association all over the country CHAPTER I
shall aid the municipal and other local authorities
and school officials in the enforcement of juvenile Duties in General of the State
delinquency control measures, and in the Article 84. Community Defined. - As used in this
implementation of programs and activities to Title, a community shall mean, the local
promote child welfare. government, together with the society of
CHAPTER III individuals or institutions, both public and private,
in which a child lives.
Miscellaneous
Article 85. Duties of the Community. - To insure
Article 78. Contributions. - No school shall the full enjoyment of the right of every child to live
receive or collect from students, directly or in a society that offers or guarantee him safety,
indirectly, contributions of any kind or form, or for health, good moral environment and facilities for
any purpose except those expressly provided by his wholesome growth and development, it shall be
law, and on occasions of national or local disasters the duty of the community to:
in which case the school any accept voluntary
contribution or aid from students for distribution to 1. Bring about a healthy environment
victims of such disasters or calamities. necessary to the normal growth of children
and the enhancement of their physical,
TITLE IV. mental and spiritual well-being;
2. Help institutions of learning, whether
CHILD AND YOUTH WELFARE AND THE public or private, achieve the fundamental
CHURCH objectives of education; lawphi1.net
3. Organize or encourage movements and
activities, for the furtherance of the
Article 79. Rights of the Church. - The State shall interests of children and youth;
respect the rights of the Church in matters affecting 4. Promote the establishment and
the religious and moral upbringing of the child. maintenance of adequately equipped
playgrounds, parks, and other recreational
Article 80. Establishment of Schools. - All facilities;
churches and religious orders, congregations or 5. Support parent education programs by
groups may, conformably to law, establish schools encouraging its members to attend and
for the purpose of educating children in accordance actively participate therein;
with the tenets of their religion. 6. Assist the State in combating and
curtailing juvenile delinquency and in
Article 81. Religious Instruction. - The religious
rehabilitating wayward children;
education of children in all public and private
7. Aid in carrying out special projects for the
schools is a legitimate concern of the Church to
betterment of children in the remote areas
 or belonging to cultural minorities or those 7. Coordinate the activities of organizations
who are out of school; and devoted to the welfare of children and
8. Cooperate with private and public child secure their cooperation; lawphi1.net
welfare agencies in providing care, 8. Promote wholesome entertainment in the
training and protection to destitute, community, especially in movie houses;
abandoned, neglected, abused, and
handicapped and disturbed children. 9. Assist parents, whenever necessary in
securing expert guidance counseling from
the proper governmental or private welfare
CHAPTER II agency.

Community Bodies Dealing with Child Welfare In addition, it shall hold classes and seminars on
the proper rearing of the children. It shall distribute
SECTION A. Barangay Councils to parents available literature and other information
on child guidance. The Council shall assist parents,
Article 86. Ordinances and Resolutions. - with behavioral problems whenever necessary, in
Barangay Councils shall have the authority to enact securing expert guidance counseling from the
ordinances and resolutions not inconsistent with proper governmental or private welfare agency.
law or municipal ordinances, as may be necessary
to provide for the proper development and welfare Article 88. Barangay Scholarships. - Barangay
of the children in the community, in consultation funds may be appropriated to provide annual
with representatives of national agencies concerned scholarship for indigent children who, in judgment
with child and youth welfare. of the Council for the Protection of Children,
deserve public assistance in the development of
Article 87. Council for the Protection of their potentialities.
Children. - Every barangay council shall
encourage the organization of a local Council for Article 89. Youth Associations in Barangays. -
the Protection of Children and shall coordinate with Barangay councils shall encourage membership in
the Council for the Welfare of Children and Youth civil youth associations and help these
in drawing and implementing plans for the organizations attain their objectives.
promotion of child and youth welfare. Membership
shall be taken from responsible members of the
community including a representative of the youth, Article 90. Aid to Youth Associations. - In proper
as well as representatives of government and cases, barangay funds may be used for the payment
private agencies concerned with the welfare of of the cost of the uniforms and equipment required
children and youth whose area of assignment by these organizations.
includes the particular barangay and shall be on a
purely voluntary basis. SECTION B. Civic Associations of Adults
Said Council shall: Article 91. Civic Associations of Adults. - As used
in this Title, a civic association shall refer to any
1. Foster the education of every child in the club, organization or association of individuals
barangay; twenty-one years of age or over, which is directly
2. Encourage the proper performance of the or indirectly involved in carrying out child welfare
duties of parents, and provide learning programs and activities.
opportunities on the adequate rearing of
children and on positive parent-child Article 92. Accounting of Proceeds or Funds. - It
relationship; shall be the duty of any civic association of adults
3. Protect and assist abandoned or maltreated holding benefits or soliciting contributions pursuant
children and dependents; to the provisions of the next preceding article, to
4. Take steps to prevent juvenile delinquency render an accounting of the proceeds thereof to the
and assist parents of children with Department of Social Welfare or to the city or
behavioral problems so that they can get municipal treasurer, as the case may be.
expert advise;
5. Adopt measures for the health of children; Article 93. Functions. - Civic associations and
6. Promote the opening and maintenance of youth associations shall make arrangements with
playgrounds and day-care centers and the appropriate governmental or civic organization
other services that are necessary for child for the instruction of youth in useful trades or crafts
and youth welfare; to enable them to earn a living.
Article 94. Youth Demonstrations. - Any
demonstrations sponsored by any civic associations
and youth associations shall be conducted in a associations as may be permitted under existing
peaceful and lawful manner. laws.
Article 95. Unwholesome Entertainment and Article 101. Student Organizations. - All student
advertisements. - It shall be the duty of all civic organization in public or private schools shall
associations and youth associations to bring to the include in their objectives the cultivation of
attention of the proper authorities the exhibition of harmonious relations among their members and
indecent shows and the publication, sale or with the various segments of the community.
circulation of pornographic materials.
CHAPTER III
The Board of Censors or the Radio Control Board
may, upon representation of any civic association, Collaboration Between the Home and the
prohibit any movie, television or radio program Community
offensive to the proprieties of language and Article 102. Proper Atmosphere for Children. -
behavior. The home shall aid the community in maintaining
Commercial advertisements and trailers which are an atmosphere conducive to the proper upbringing
improper for children under eighteen years of age of children, particularly with respect to their
due to their advocating or unduly suggesting preparation for adult life and the conscientious
violence, vices, crimes and immorality, shall not be discharge of their civic duties as a whole.
shown in any movie theater where the main feature Article 103. Unwholesome Influence. - The home
is for general patronage nor shall they be used or and the community shall cooperate with each other
shown during or immediately before and after any in counteracting and eliminating such influences as
television or radio program for children. may be exerted upon children by useless and
Article 96. Complaint Against Child Welfare harmful amusements and activities, obscene
Agency. - Any civic association and any youth exhibitions and programs, and establishments
association may complain to the officials of any inimical to health and morals.
public or private child-caring agency about any act TITLE VI.
or omission therein prejudicial to the wards of such
agency. CHILD AND YOUTH WELFARE AND THE
SAMAHAN
If the complaint is not acted upon, it may be
brought to the Council for the Protection of CHAPTER I
Children or the Department of Social Welfare,
which shall promptly investigate the matter and Duties in General of the Samahan
take such steps as may be necessary.
Article 104. "Samahan" Defined. - As used in
Article 97. Studies and Researches. - The this Code, the term "samahan" shall refer to the
government shall make available such data and aggregate of persons working in commercial,
technical assistance as may be needed by civic industrial, and agricultural establishments or
associations conducting studies and researches on enterprises, whether belonging to labor or
matters relating to child welfare, including the management.
prevention of juvenile delinquency.
Article 105. Organization. - The barangay,
Article 98. Exchange Programs. - Student municipal and city councils, whenever necessary,
exchange programs sponsored by civic associations shall provide by ordinance for the formation and
or youth associations shall receive the support and organization of a samahan in their respective
encouragement of the State. communities. Membership in the samahan shall be
on voluntary basis from among responsible persons
SECTION C. Youth Associations from the various sectors of the community
mentioned in the preceding article.
Article 99. Youth Associations. - As used in this
Title, a youth association shall refer to any club, Article 106. Duties of the Samahan. - The
organization or association of individuals below Samahan shall:
twenty-one years of age which is directly or
indirectly involved in carrying out child or youth 1. Prevent the employment of children in any
welfare programs and activities. kind of occupation or calling which is
harmful to their normal growth and
Article 100. Rights and Responsibilities. - All development;
youth associations shall enjoy the same rights and 2. Forestall their exploitation by insuring that
discharge the same responsibilities as civic their rates of pay, hours of work and other
conditions of employment are in
 accordance not only with law but also with Article 110. Education of Children Employed as
equity; Domestics. - If a domestic is under sixteen years of
3. Give adequate protection from all hazards age, the head of the family shall give him an
to their safety, health, and morals, and opportunity to complete at least elementary
secure to them their basic right to an education as required under Article 71. The cost of
education; lawphi1.net such education shall be a part of the domestic's
4. Help out-of-school youth to learn and compensation unless there is a stipulation to the
earn at the same time by helping them contrary.
look for opportunities to engage in
economic self-sufficient projects; CHAPTER III
5. To coordinate with vocational and Labor-Management Projects
handicraft classes in all schools and
agencies in the barangay, municipality or
city to arrange for possible marketing of
the products or articles made by the Article 111. Right to Self-Organization. - Working
students; and children shall have the same freedoms as adults to
6. Provide work experience, training and join the collective bargaining union of their own
employment in those areas where the choosing in accordance with existing law.
restoration and conservation of our natural
resources is deemed necessary.
Neither management nor any collective bargaining
CHAPTER II
union shall threaten or coerce working children to
Working Children join, continue or withdraw as members of such
union.
Article 107. Employment of Children Below
Sixteen Years. - Children below sixteen years of
age may be employed to perform light work which
Article 112. Conditions of Employment. - There
is not harmful to their safety, health or normal
shall be close collaboration between labor and
development and which is not prejudicial to their
management in the observance of the conditions of
studies.
employment required by law for working children.
The provisions of the Labor Code relating to
Article 113. Educational Assistance Programs. -
employable age and conditions of employment of
The management may allow time off without loss
children are hereby adopted as part of this Code
or reduction of wages for working children with
insofar as not inconsistent herewith.
special talents to enable them to pursue formal
Article 108. Duty of Employer to Submit Report. studies in technical schools on scholarships
- The employer shall submit to the Department of financed by management or by the collective
Labor a report of all children employed by him. A bargaining union or unions.
separate report shall be made of all such children
Article 114. Welfare Programs. - Labor and
who are found to be handicapped after medical
management shall, in cooperation with the Women
examination. The Secretary of Labor shall refer
and Minors Bureau of the Department of Labor,
such handicapped children to the proper
undertake projects and in-service training programs
government or private agencies for vocational
for working children which shall improve their
guidance, physical and vocational rehabilitation,
conditions of employment, improve their
and placement in employment.
capabilities and physical fitness, increase their
Article 109. Register of Children. - Every efficiency, secure opportunities for their promotion,
employer in any commercial, industrial or prepare them for more responsible positions, and
agricultural establishment or enterprise shall keep: provide for their social, educational and cultural
advancement.
1. A register of all children employed by
him, indicating the dates of their birth; Article 115. Research Projects. - Labor and
2. A separate file for the written consent to management shall cooperate with any government
their employment given by their parents or or private research project on matters affecting the
guardians; welfare of working children.
3. A separate file for their educational and
CHAPTER IV
medical certificates; and
4. A separate file for special work permits Collaboration Between the Home and the
issued by the Secretary of Labor in Samahan
accordance with existing laws.
Article 116. Collaboration Between the Home and a result of fortuitous events, abandonment
the Samahan. - The home shall assist the Samahan by parents, dangerous conditions of
in the promotion of the welfare of working children neglect or cruelty in the home, being
and for this purpose shall: without adult care because of crisis in the
family, or a court order holding them as
1. Instill in the hearts and minds of working material witnesses.
children the value of dignity of labor; 5. Receiving homes are family-type homes
2. Stress the importance of the virtues of honesty; which provides temporary shelter from ten
diligence and perseverance in the discharge of their to twenty days for children who shall
duties; during this period be under observation
and study for eventual placement by the
3. Counsel them on the provident use of the fruits Department of Social Welfare. The
of their labor for the enrichment of their lives and number of children in a receiving home
the improvement of their economic security; and shall not at any time exceed nine:
Provided, That no more than two of them
4. Protect their general well-being against shall be under three years of age.
exploitation by management or unions as well as 6. A nursery is a child-caring institution that
against conditions of their work prejudicial to their provides care for six or more children
health, education, or morals. below six years of age for all or part of a
twenty-four hour day, except those duly
TITLE VII.
licensed to offer primarily medical and
CHILD AND YOUTH WELFARE AND THE educational services.
STATE 7. A maternity home is an institution or place
of residence whose primary function is to
CHAPTER I give shelter and care to pregnant women
and their infants before, during and after
Regulation of Child and Youth Welfare Services
delivery.
Article 117. Classifications of Child and Youth 8. A rehabilitation center is an institution that
Welfare Agencies. - Public and private child receives and rehabilitates youthful
welfare agencies providing encouragement, care, offenders or other disturbed children.
and protection to any category of children and 9. A reception and study center is an
youth whether mentally gifted, dependent, institution that receives for study,
abandoned, neglected, abused, handicapped, diagnosis, and temporary treatment,
disturbed, or youthful offenders, classified and children who have behavioral problems
defined as follows, shall be coordinated by the for the purpose of determining the
Department of Social Welfare: appropriate care for them or
recommending their permanent treatment
1. A child-caring institution is one that or rehabilitation in other child welfare
provides twenty-four resident group care agencies.
service for the physical, mental, social and 10. A child-placing agency is an institution or
spiritual well-being of nine or more person assuming the care, custody,
mentally gifted, dependent, abandoned, protection and maintenance of children for
neglected, handicapped or disturbed placement in any child-caring institution
children, or youthful offenders. or home or under the care and custody of
2. An institution, whose primary purpose is any person or persons for purposes of
education, is deemed to be a child-caring adoption, guardianship or foster care. The
institution when nine or more of its pupils relatives of such child or children within
or wards in the ordinary course of events the sixth degree of consanguinity or
do not return annually to the homes of affinity are excluded from this definition.
their parents or guardians for at least two
months of summer vacation. Article 118. License Required. - No private
3. A detention home is a twenty-four hour person, natural or juridical, shall establish,
child-caring institution providing short temporarily or permanently, any child welfare
term resident care for youthful offenders agency without first securing a license from the
who are awaiting court disposition of their Department of Social Welfare.
cases or transfer to other agencies or
Such license shall not be transferable and shall be
jurisdiction.
used only by the person or institution to which it
4. A shelter-care institution is one that
was issued at the place stated therein.
provides temporary protection and care to
children requiring emergency reception as
No license shall be granted unless the purpose of the Department of Social Welfare has
function of the agency is clearly defined and stated proven the revocation to be justified.
in writing. Such definition shall include the
geographical area to be served, the children to be Article 121. Responsible Government Body. -
accepted for care, and the services to be provided. The governing body of a child welfare agency or
If the applicant is a juridical person, it must be institution shall be composed of civic leaders or
registered in accordance with Philippine laws. persons of good standing in the community. The
administrator must be a competent person qualified
Article 119. Guiding Principles. - The protection by education or experience or both to serve as such.
and best interests of the child or children therein
shall be the first and basic consideration in the Article 122. Child-Caring Institution Serving as
granting, suspension or revocation of the license Child-Placement Agency. - An association or
mentioned in the preceding article. corporation may be both a child-caring institution
and a child-placement agency and it may be
Article 120. Revocation or Suspension of licensed to carry out both types of service.
License. - The Department of Social Welfare may,
after notice and hearing , suspend or revoke the When a license also serves as a child-placement
license of a child welfare agency on any of the agency, it shall maintain a staff equipped by
following grounds: training to make thorough studies of every
prospective family home. Staff arrangements must
1. That the agency is being used for immoral also be made for continuing supervision of the
purposes; children staying in family homes so long as the
2. That said agency is insolvent or is not in a children remain in the legal custody of the agency.
financial position to support and maintain
the children therein or to perform the Article 123. Responsible Staff of Employees. -
functions for which it was granted license; The licensee shall choose its employees who shall
3. That the children therein are being be persons of good health and character, and
neglected or are undernourished; whenever possible, the higher rank of employees
4. That the place is so unsanitary so as to shall in addition have training, preferably in child
make it unfit for children; psychology.
5. That said agency is located in a place or Article 124. Intake Study and Periodic
community where children should not be, Investigations. - The licensee shall undertake
or is physically dangerous to children or investigations to determine if the acceptance or
would unduly expose children to crime, continued stay of a child in its institution is
vice, immorality, corruption or severe necessary. Each licensee shall make provisions for
cruelty; or continuing services, including social casework for
6. That said agency has by any act or every child under its care.
omission shown its incompetence or
unworthiness to continue acting as a child Article 125. Records. - The licensee shall keep
welfare agency. During the period of confidential records of every child in its study.
suspension, the agency concerned shall These records shall be made available only to such
not accept or admit any additional persons as may be authorized by the Department of
children. In any case, the Department of Social Welfare or by the proper court.
Social Welfare shall make such order as to
the custody of the children under the care Article 126. Home Atmosphere. - Child welfare
of such agency as the circumstances may agencies shall endeavor to provide the children
warrant. The suspension may last for as with a pleasant atmosphere that shall approximate
long as the agency has not complied with as nearly as possible the conditions of an ideal
any order of the Department of Social home. Vocational rehabilitation shall also be
Welfare to remove or remedy the provided in accordance with existing law and the
conditions which have risen to the particular needs of the children.
suspension. The aggrieved agency may
Article 127. Adequate Diet. - The licensee shall
appeal the suspension and/or revocation in
provide a varied and balanced diet to satisfy the
a proper court action. In such case, the
child's total nutritional requirements.
court shall within fifteen days from the
filing of the Department of Social Article 128. Clothing. - The licensee shall furnish
Welfare's answer, conduct a hearing and clean, comfortable, and appropriate clothing for
decide the case, either by lifting the every child under its care.
suspension, or continuing it for such
period of time as it may order, or by Article 129. Physical Surroundings and Outings.
revoking the license of the agency where - The licensee shall maintain a building adequate
both in ventilation and sanitation, and with a safe, 1. Disseminate information concerning the
clean and spacious playground. health of children and expectant or nursing
mothers;
Regular inexpensive periodic outing shall be an 2. Provide consultation service and
important part of its activities in order to make the treatment, whenever necessary, for the
children aware of their vital role in their children and the expectant or nursing
community and country. mothers;
Article 130. Medical and Nursing Care. - The 3. Provide guidance and special treatment to
licensee shall provide adequate medical and children with physical handicaps; and
nursing care for sick children who may be confined 4. Advise child welfare institutions on
due to illness. matters relating to nutrition and hygiene.

Article 131. Religious Training. - The licensee Article 135. Juvenile and Domestic Relations
shall provide opportunities for religious training to Courts. - Juvenile and Domestic Relations Courts
children under its custody, taking into consideration shall, as far as practicable, be established in every
the religious affiliation or express wishes of the province or city to hear and decide cases involving
child or his parents. For such purpose, it shall have juvenile and domestic problems.
a defined policy regarding its religious activities for Article 136. Regional Child Welfare Agencies. -
the information of those wishing to place children The State shall, whenever practicable, establish
in its care. regional child welfare agencies, orphanages and
Article 132. Annual Report. - Every child welfare other similar institutions to provide care for the
agency or institution shall submit to the children mentioned in Title VIII of this Code.
Department of Social Welfare an annual report Article 137. Children's Reading and Recreation
setting forth a brief summary of its operations Centers. - The State shall establish in every
during the preceding year, including the funds barangay reading centers and recreation centers
received during said period, the sources thereof, the where children may meet and play together for
purposes for which they were spent and the cash their healthy growth and their social and cultural
position of the agency or institution as of the date development.
of the report, number of children admitted, and
such other information as may be required by the Article 138. Parent Education Program. - The
Department of Social Welfare. Department of Social Welfare shall from time to
time hold a Parent Education Congress, which shall
aim to enable parents to understand child growth
CHAPTER II and development, parent-child relationship, family
life, and family-community relationship, and to
Collaboration Between the Home and the State improve their ability to discharge their duties.

Article 133. Healthy Growth of Children. - Article 139. Curfew Hours for Children. - City or
Pursuant to its obligation to assist the parents in the municipal councils may prescribe such curfew
proper upbringing of the child, the State shall, hours for children as may be warranted by local
whenever possible, in collaboration and conditions. The duty to enforce curfew ordinances
cooperation with local government establish: shall devolve upon the parents or guardians and the
local authorities.
1. Puericulture and similar centers;
2. Juvenile courts; Any parent or guardian found grossly negligent in
3. Child welfare agencies; the performance of the duty imposed by this article
4. Orphanages and other similar institutions; shall be admonished by the Department of Social
and Welfare or the Council for the Protection of
5. Children's recreation centers. Children.
Article 140. State Aid in Case of Public
Calamity. - In case of earthquake, flood, storm,
conflagration, epidemic, or other calamity, the State
shall give special assistance to children whenever
Article 134. Puericulture or Health Centers. -
necessary. The Department of Social Welfare shall
Puericulture or health centers shall be established
take immediate custody of dependent children and
in every barangay to perform, among other things,
give temporary shelter to orphaned or displaced
the following functions:
children (who are separated from their parents or
guardian).
 TITLE VIII. the termination of parental or
guardianship rights by reason of
SPECIAL CATEGORIES OF CHILDREN abandonment, substantial and
CHAPTER I continuous or repeated neglect
and/or parental incompetence to
Dependent, Abandoned and Neglected Children discharge parental
responsibilities, and in the
Article 141. Definition of Terms. - As used in this manner, form and procedure
Chapter: hereinafter prescribed.
b. Voluntary commitment, through
1. A dependent child is one who is without a
the relinquishment of parental or
parent, guardian or custodian; or one
guardianship rights in the manner
whose parents, guardian or other custodian
and form hereinafter prescribed.
for good cause desires to be relieved of his
care and custody; and is dependent upon Article 142. Petition for Involuntary
the public for support. Commitment of a Child: Venue. - The
2. An abandoned child is one who has no Department of Social Welfare Secretary or his
proper parental care or guardianship, or authorized representative or any duly licensed child
whose parents or guardians have deserted placement agency having knowledge of a child
him for a period of at least six continuous who appears to be dependent, abandoned or
months. neglected, may file a verified petition for
3. A neglected child is one whose basic involuntary commitment of said child to the care of
needs have been deliberately unattended any duly licensed child placement agency or
or inadequately attended. Neglect may individual.
occur in two ways:
a. There is a physical The petition shall be filed with the Juvenile and
neglect when the child is Domestic Relations Court, if any, or with the Court
malnourished, ill clad of First Instance of the province or City Court in
and without proper which the parents or guardian resides or the child is
shelter. found.
b. A child is unattended
when left by himself Article 143. Contents of Petition: Verification. -
without provisions for The petition for commitment must state so far as
his needs and/or without known to the petitioner:
proper supervision. 1) The facts showing that the child
c. Emotional neglect is dependent, abandoned, or
exists: when children are neglected;
maltreated, raped or 2) The names of the parent or
seduced; when children parents, if known, and their
are exploited, residence. If the child has no
overworked or made to parent or parents living, then the
work under conditions name and residence of the
not conducive to good guardian, if any; and
health; or are made to 3) The name of the duly licensed
beg in the streets or child placement agency or
public places, or when individual to whose care the
children are in moral commitment of the child is
danger, or exposed to sought.
gambling, prostitution
and other vices. The petition shall be verified and shall be sufficient
4. Commitment or surrender of a child is the if based upon the information and belief of the
legal act of entrusting a child to the care of petitioner.
the Department of Social Welfare or any
duly licensed child placement agency or Article 144. Court to Set Time for Hearing:
individual. Summons. - When a petition or commitment is
filed, the court shall fix a date for the hearing
Commitment may be done in the following thereof. If it appears from the petition that one or
manner: both parents of the child, or the guardian, resides in
province or city, the clerk of court shall
a. Involuntary commitment, in case immediately issue summons, together with a copy
of a dependent child, or through of the petition, which shall be served on such
parent or guardian not less than two days before the with his parents or guardian, it may commit the
time fixed for the hearing. Such summons shall child in accordance with the next preceding article.
require them to appear before the court on the date
mentioned. Article 151. Termination of Rights of Parents. -
When a child shall have been committed to the
Article 145. When Summons Shall Not be Department of Social Welfare or any duly licensed
Issued. - The summons provided for in the next child placement agency or individual pursuant to an
preceding article shall not be issued and the court order of the court, his parents or guardian shall
shall thereupon proceed with the hearing of the thereafter exercise no authority over him except
case if it appears from the petition that both parents upon such conditions as the court may impose.
of the child are dead or that neither parent can be
found in the province or city and that the child has Article 152. Authority of Person, Agency or
no guardian residing therein. Institution. - The Department of Social Welfare or
any duly licensed child placement agency or
Article 146. Representation of Child. - If it individual receiving a child pursuant to an order of
appears that neither of the parents nor the guardian the court shall be the legal guardian and entitled to
of the child can be found in the province or city, it his legal custody and control, be responsible for his
shall be the duty of the court to appoint some support as defined by law, and when proper, shall
suitable person to represent him. have authority to give consent to his placement,
guardianship and/or adoption.
Article 147. Duty of Fiscal. - The provincial or
city fiscal shall appear for the State, seeing to it that Article 153. Change of Custody. - The
there has been due notice to all parties concerned Department of Social Welfare shall have the
and that there is justification for the declaration of authority to change the custody of a child
dependency, abandonment or neglect. The legal committed to and duly licensed child placement
services section of the Department of Social agency or individual if it appears that such change
Welfare, any recognized legal association, or any is for the best interests of the child. However, when
appointed de officio counsel shall prepare the conflicting interests arise among child placement
petition for the Secretary of the Department of agencies the court shall order the change of
Social Welfare, his representative or the head of the commitment of the child.
duly licensed child placement agency, or the duly
licensed individual and represent him in court in all Article 154. Voluntary Commitment of a Child
proceedings arising under the provisions of this to an Institution. - The parent or guardian of a
Chapter. dependent, abandoned or neglected child may
voluntarily commit him to the Department of
Article 148. Hearing. - During the hearing of the Social Welfare or any duly licensed child
petition, the child shall be brought before the court, placement agency or individual subject to the
which shall investigate the facts and ascertain provisions of the next succeeding articles.
whether he is dependent, abandoned, or neglected,
and, if so, the cause and circumstances of such Article 155. Commitment Must Be in Writing. -
condition. In such hearing, the court shall not be No child shall be committed pursuant to the
bound by the technical rules of evidence. Failure to preceding article unless he is surrendered in writing
provide for the child's support for a period of six by his parents or guardian to the care and custody
months shall be presumptive evidence of the intent of the Department of Social Welfare or duly
to abandon. licensed child placement agency. In case of the
death or legal incapacity of either parent or
Article 149. Commitment of Child. - If, after the abandonment of the child for a period of at least
hearing, the child is found to be dependent, one year, the other parent alone shall have the
abandoned, or neglected, an order shall be entered authority to make the commitment. The
committing him to the care and custody of the Department of Social Welfare, or any proper and
Department of Social Welfare or any duly licensed duly licensed child placement agency or individual
child placement agency or individual. shall have the authority to receive, train, educate,
care for or arrange appropriate placement of such
Article 150. When Child May Stay In His Own child.
Home. - If in the court's opinion the cases of the
abandonment or neglect of any child may be Article 156. Legal Custody. - When any child
remedied, it may permit the child to stay in his own shall have been committed in accordance with the
home and under the care and control of his own preceding article and such child shall have been
parents or guardian, subject to the supervision and accepted by the Department of Social Welfare or
direction of the Department of Social any duly licensed child placement agency or
Welfare.When it appears to the court that it is no individual, the rights of his natural parents,
longer for the best interests of such child to remain
guardian, or other custodian to exercise parental by a foreigner, he shall also be subject to
authority over him shall cease. deportation.
Such agency or individual shall be entitled to the If the violation is committed by a parent or legal
custody and control of such child during his guardian of the child, such fact shall aggravate or
minority, and shall have authority to care for, mitigate the offense as circumstances shall warrant.
educate, train and place him out temporarily or for
custody and care in a duly licensed child placement Article 161. Duty to Report Abandonment. -
agency. Such agency or individual may intervene in When the parents or persons entitled to act as
adoption proceedings in such manner as shall best guardian of a child are dead or, if living, have
inure to the child's welfare. abandoned him, for no valid reason, for at least six
months in a duly licensed child placement agency
Article 157. Visitation or Inspection. - Any duly or hospital, or left him with any other person for
licensed child placement agency or individual the same period without providing for his care and
receiving a judicial order or by voluntary support, such fact shall be reported immediately to
commitment by his parents or guardian shall be the Department of Social Welfare. In case of a child
subject to visitation or inspection by a left in a hospital, immediate transfer of the child to
representative of the court or of the Department of the Department of Social Welfare or any duly
Social Welfare or both, as the case may be. licensed child placement agency must be arranged.
The Department of Social Welfare shall make
Article 158. Report of Person or Institution. - provisions for the adequate care and support of the
Any duly licensed child placement agency or child and shall take such action as it may deem
individual receiving a child for commitment may at proper for his best interests.
any time be required by the Department of Social
Welfare to submit a report, copy furnished the Article 162. Adoption of Dependent or
court, containing all necessary information for Abandoned or Neglected Child. - Upon the filing
determining whether the welfare of the child is of an application by any person to adopt a
being served. dependent, abandoned or neglected child in the
custody of any institution or individual mentioned
in Article 156, it shall be the duty of the provincial
Article 159. Temporary Custody of Child. - or city fiscal, any recognized legal association, or
Subject to regulation by the Department of Social any appointed de officio counsel upon being
Welfare and with the permission of the court in informed of such fact, to represent the Department
case of judicial commitment, the competent of Social Welfare in the proceedings. The costs of
authorities of any duly licensed child placement such proceedings shall be de officio.
agency or individual to which a child has been Article 163. Restoration of Child After
committed may place him in the care of any Involuntary Commitment. - The parents or
suitable person, at the latter's request, for a period guardian of a child committed to the care of a
not exceeding one month at a time. person, agency or institution by judicial order may
The temporary custody of the child shall be petition the proper court for the restoration of his
discontinued if it appears that he is not being given rights over the child: Provided, That the child in the
proper care, or at his own request, or at the instance meantime, has not been priorly given away in
of the agency or person receiving him. adoption nor has left the country with the adopting
parents or the guardian. The petition shall be
Article 160. Prohibited Acts. - It shall be unlawful verified and shall state that the petitioner is now
for any child to leave the person or institution to able to take proper care and custody of said child.
which he has been judicially or voluntarily
committed or the person under whose custody he Upon receiving the petition, the court shall fix the
has been placed in accordance with the next time for hearing the questions raised thereby and
preceding article, or for any person to induce him cause reasonable notice thereof to be sent to the
to leave such person or institution, except in case of petitioner and to the person, agency or institution to
grave physical or moral danger, actual or imminent, which the child has been committed. At the trial,
to the child. any person may be allowed, at the discretion of the
court, to contest the right to the relief demanded,
Any violation of this article shall be punishable by and witnesses may be called and examined by the
an imprisonment of not more than one year or by a parties or by the court motu proprio. If it is found
fine of not more than two thousand pesos, or both that the cause for the commitment of the child no
such fine and imprisonment at the discretion of the longer exists and that the petitioner is already able
court: Provided, That if the violation is committed to take proper care and custody of the child, the
court, after taking into consideration the best
interests and the welfare of the child, shall render In cases of sexual abuse, the records pertaining to
judgment restoring parental authority to the the case shall be kept strictly confidential and no
petitioner. information relating thereto shall be disclosed
except in connection with any court or official
Article 164. Restoration After Voluntary proceeding based on such report. Any person
Commitment. - Upon petition filed with the disclosing confidential information in violation of
Department of Social Welfare the parent or parents this provision shall be punished by a fine of not less
or guardian who voluntarily committed a child may than one hundred pesos nor more than five
recover legal custody and parental authority over thousand pesos, or by imprisonment for not less
him from the agency, individual or institution to than thirty days nor more than one year, or both
which such child was voluntarily committed when such fine and imprisonment, at the discretion of the
it is shown to the satisfaction of the Department of court.
Social Welfare that the parent, parents or guardian
is in a position to adequately provide for the needs Article 167. Freedom from Liability of
of the child: Provided, That, the petition for Reporting Person or Institution. - Persons,
restoration is filed within six months after the organizations, physicians, nurses, hospitals, clinics
surrender. and other entities which shall in good faith report
cases of child abuse, neglect, maltreatment or
In all cases, the person, agency or institution having abandonment or exposure to moral danger be free
legal custody of the child shall be furnished with a from any civil or criminal liability arising
copy of the petition and shall be given the therefrom.
opportunity to be heard.
CHAPTER II
Mentally Retarded, Physically Handicapped,
Article 165. Removal of Custody. - A petition to Emotionally Disturbed and Mentally Ill
transfer custody of a child may be filed against a Children
person or child welfare agency to whose custody a
child has been committed by the court based on Article 168. Mentally Retarded Children. -
neglect of such child as defined in Article 141(3). If Mentally retarded children are (1) socially
the court, after notice and hearing, is satisfied that incompetent, that is, socially inadequate and
the allegations of the petition are true and that it is occupationally incompetent and unable to manage
for the best interest and welfare of the child the their own affairs; (2) mentally subnormal; (3)
court shall issue an order taking him from the retarded intellectually from birth or early age; (4)
custody of the person or agency, as the case may retarded at maturity; (5) mentally deficient as a
be, and committing him to the custody of another result of constitutional origin, through hereditary or
duly licensed child placement agency or individual. disease, and (6) essentially incurable.
The license of the agency or individual found guilty Article 169. Classification of Mental
of such neglect may be suspended or revoked, as Retardation. - Mental Retardation is divided into
the court may deem proper, in the same proceeding. four classifications:
Article 166. Report of Maltreated or Abused 1) Custodial Group. The members of this
Child. - All hospitals, clinics and other institutions classification are severely or profoundly
as well as private physicians providing treatment retarded, hence, the least capable group.
shall, within forty-eight hours from knowledge of This includes those with I.Q.s to 25.
the case, report in writing to the city or provincial 2) Trainable Group. The members of this
fiscal or to the Local Council for the Protection of group consist of those with I.Q.s from
Children or to the nearest unit of the Department of about 25 to about 50; one who belongs to
Social Welfare, any case of a maltreated or abused this group shows a mental level and rate of
child, or exploitation of an employed child contrary development which is 1/4 to 1/2 that of the
to the provisions of labor laws. It shall be the duty average child, is unable to acquire higher
of the Council for the Protection of Children or the academic skills, but can usually acquire
unit of the Department of Social Welfare to whom the basic skills for living to a reasonable
such a report is made to forward the same to the degree. He can likewise attain a primary
provincial or city fiscal. grade level of education if he receives
effective instruction.
Violation of this provision shall subject the 3) Educable Group. This group's I.Q. ranges
hospital, clinic, institution, or physician who fails from about 50 to about 75, and the
to make such report to a fine of not more than two intellectual development is approximately
thousand pesos. 1/2 to 3/4 of that expected of a normal
child of the same chronological age. The
 degree of success or accomplishment that which could be learned only by them and shall help
they will reach in life depends very much provide opportunities for their future occupational
on the quality and type of education they placement: That the agencies and organizations
receive, as well as on the treatment at engaged in programs and services for the disabled
home and in the community. Many of the need not be limited to minors. Persons of legal age
educable retardates may reach 5th or 6th may be admitted whenever facilities are available
grade educational level and can develop for them.
occupational skills which may result in
partial or complete economic Article 175. Planning of Programs and Services.
independence in adulthood. - Selected pilot demonstration projects needed by
4) Borderline or Low Normal Group. This is the disabled children shall be developed and shall
the highest group of mentally retarded, be the basis for planning expanded programs and
with I.Q.s from about 75 to about 89. The services throughout the nation. There shall be
members of this classification are only established area centers designed to bring together
slightly retarded and they can usually get an aggregate of services to serve all ages of the
by in regular classes if they receive some disabled within a specified geographical area.
extra help, guidance and consideration. Article 176. Donations. - Donations to agencies
They have to spend much more time with and organizations engaged in programs and
their studies than do most children in order services for disabled children shall be deductible in
to pass. Those who cannot make it are accordance with the provision of Presidential
usually handicapped by one or more other Decree No. 507.
conditions aside from that of intelligence.
Article 177. Petition for Commitment. - Where a
Article 170. Physically Handicapped Children. - child appears to be mentally retarded, physically
Physically handicapped children are those who are handicapped, emotionally disturbed, or mentally ill,
crippled, deaf-mute, blind, or otherwise defective and needs institutional care but his parents or
which restricts their means of action on guardians are opposed thereto, the Department of
communication with others. Social Welfare, or any duly licensed child
Article 171. Emotionally Disturbed Children. - placement agency or individual shall have the
Emotionally disturbed children are those who, authority to file a petition for commitment of the
although not afflicted with insanity or mental said child to any reputable institution providing
defect, are unable to maintain normal social care, training and rehabilitation for disabled
relations with others and the community in general children.
due to emotional problems or complexes. The parents or guardian of the child may file a
Article 172. Mentally Ill Children. - Mentally ill similar petition in case no immediate placement
children are those with any behavioral disorder, can be arranged for the disabled child when the
whether functional or organic, which is of such a welfare and interest of the child is at stake.
degree of severity as to require professional help or Article 178. Venue. - The petition for commitment
hospitalization. of a disabled child shall be filed with the Juvenile
Article 173. Admission of Disabled Children. - and Domestic Relations Court, if any, or with the
The Department of Social Welfare, upon the Court of First Instance of the province or City
application of the parents or guardians and the Court where the parent or guardian resides or
recommendation of any reputable diagnostic center where the child is found.
or clinic, shall refer and/or admit disabled children Article 179. Contents of Petition. - The petition
to any public or private institution providing the for commitment must state so far as known to the
proper care, training and rehabilitation. petitioner:
"Disabled children" as used in this Chapter shall 1) The facts showing that the child appears to
include mentally retarded, physically handicapped, be mentally retarded, physically
emotionally disturbed, and severe mentally ill handicapped, emotionally disturbed or
children. mentally ill and needs institutional care;
Article 174. Training and Opportunities for 2) The Fact that the parents or guardians or
Disabled Children. - Specialized educational any duly licensed disabled child placement
services shall be expanded and improved to provide agency, as the case may be, has opposed
appropriate opportunities for disabled children. the commitment of such child;
Vocational rehabilitation and manpower 3) The name of the parents and their
conservation agencies shall train disabled children residence, if known or if the child has no
for specialized types of jobs, services and business
 parents or parent living, the names and disabled children if it is certified by the Department
residence of the guardian, if any; and of Social Welfare that:
4) The name of the institution where the
child is to be committed. 1) He has been certified by the duly licensed
disabled child placement agency to be no
The petition shall be verified and shall be sufficient longer a hazard to himself or to the
if based upon the information and belief of the community;
petitioner. 2) He has been sufficiently rehabilitated from
his physical handicap or, if of work age, is
Article 180. Order of Hearing. - If the petition already fit to engage in a gainful
filed is sufficient in form and substance, the court, occupation; or
by an order reciting the purpose of the petition, 3) He has been relieved of his emotional
shall fix the date for the hearing thereof, and a copy problems and complexes and is ready to
of such order shall be served on the child alleged to assume normal social relations.
be mentally retarded, or physically handicapped, or
emotionally disturbed, or mentally ill, and on the Article 187. Discharge of Child Voluntarily
person having charge of him or any of his relatives Committed. - Any child voluntarily committed to
residing in the province or city as the judge may an institution for disabled children may be
deem proper. The court shall furthermore order the discharged by the Department of Social Welfare
sheriff to produce, if possible, the alleged disabled motu proprio or upon the request of his parents or
child on the date of the hearing. guardian on any of the grounds specified in the
preceding article. In the latter case, the Department
Article 181. Hearing and Judgment. - Upon of Social Welfare may refuse to discharge the child
satisfactory proof that the institutional care of the if, in its opinion, his release would be prejudicial to
child is for him or the public welfare and that his him or to the community.
parents, or guardian or relatives are unable for any
reason to take proper care of him, the Court shall Article 188. Assistance of Fiscal. - The provincial
order his commitment to the proper institution for or city fiscal shall represent the Department of
disabled children. Social Welfare or any recognized legal association
in all judicial matters arising under the provisions
Article 182. Disposition of Property or Money. - of this Chapter.
The Court, in its order of commitment, shall make
proper provisions for the custody of property or CHAPTER III
money belonging to the committed child.
Youthful Offenders
Article 183. Findings and Other Data. - The
Court shall furnish the institution to which the child Article 189. Youthful Offender Defined. - A
has been committed with a copy of its judgment, youthful offender is one who is over nine years but
together with all the social and other data pertinent under twenty-one years of age at the time of the
to the case. commission of the offense.

Article 184. Expenses. - The expense of A child nine years of age or under at the time of the
maintaining a disabled child in the institution to offense shall be exempt from criminal liability and
which he has been committed shall be borne shall be committed to the care of his or her father
primarily by the parents or guardian and or mother, or nearest relative or family friend in the
secondarily, by such disabled child, if he has discretion of the court and subject to its
property of his own. supervision. The same shall be done for a child
over nine years and under fifteen years of age at the
In all cases where the expenses for the maintenance time of the commission of the offense, unless he
of the disabled child cannot be paid in accordance acted with discernment, in which case he shall be
with the next preceding paragraph, the same, or proceeded against in accordance with Article 192.
such part thereof as may remain unpaid, shall be The provisions of Article 80 of the Revised Penal
borne by the Department of Social Welfare. Code shall be deemed modified by the provisions
of this Chapter.
Article 185. Children With Cerebral Palsy. -
Children afflicted with cerebral palsy shall be Article 190. Physical and Mental Examination. -
committed to the institution which under the It shall be the duty of the law-enforcement agency
circumstances of the particular child concerned is concerned to take the youthful offender,
best equipped to treat and care for him. immediately after his apprehension, to the proper
medical or health officer for a thorough physical
Article 186. Discharge of Child Judicially and mental examination. Whenever treatment for
Committed. - The Court shall order the discharge of any physical or mental defect is indicated, steps
any child judicially committed to an institution for
shall be immediately undertaken to provide the maintenance of the youthful offender whose
same. sentence has been suspended shall be borne by his
parents or those persons liable to support him:
The examination and treatment papers shall form Provided, That in case his parents or those persons
part of the record of the case of the youthful liable to support him can not pay all or part of said
offender. expenses, the municipality in which the offense
Article 191. Care of Youthful Offender Held for was committed shall pay one-third of said expenses
Examination or Trial. - A youthful offender held or part thereof; the province to which the
for physical and mental examination or trial or municipality belongs shall pay one-third; and the
pending appeal, if unable to furnish bail, shall from remaining one-third shall be borne by the National
the time of his arrest be committed to the care of Government. Chartered cities shall pay two-thirds
the Department of Social Welfare or the local of said expenses; and in case a chartered city
rehabilitation center or a detention home in the cannot pay said expenses, part of the internal
province or city which shall be responsible for his revenue allotments applicable to the unpaid portion
appearance in court whenever required: Provided, shall be withheld and applied to the settlement of
That in the absence of any such center or agency said indebtedness.
within a reasonable distance from the venue of the All city and provincial governments must exert
trial, the provincial, city and municipal jail shall efforts for the immediate establishment of local
provide quarters for youthful offenders separate detention homes for youthful offenders.
from other detainees. The court may, in its
discretion, upon recommendation of the Article 195. Report on Conduct of Child. - The
Department of Social Welfare or other agency or Department of Social Welfare or its representative
agencies authorized by the Court, release a youthful or duly licensed agency or individual under whose
offender on recognizance, to the custody of his care the youthful offender has been committed shall
parents or other suitable person who shall be submit to the court every four months or oftener as
responsible for his appearance whenever required. may be required in special cases, a written report
on the conduct of said youthful offender as well as
Article 192. Suspension of Sentence and the intellectual, physical, moral, social and
Commitment of Youthful Offender. - If after emotional progress made by him.
hearing the evidence in the proper proceedings, the
court should find that the youthful offender has Article 196. Dismissal of the Case. - If it is shown
committed the acts charged against him the court to the satisfaction of the court that the youthful
shall determine the imposable penalty, including offender whose sentence has been suspended, has
any civil liability chargeable against him. However, behaved properly and has shown his capability to
instead of pronouncing judgment of conviction, the be a useful member of the community, even before
court shall suspend all further proceedings and reaching the age of majority, upon recommendation
shall commit such minor to the custody or care of of the Department of Social Welfare, it shall
the Department of Social Welfare, or to any dismiss the case and order his final discharge.
training institution operated by the government, or
duly licensed agencies or any other responsible
person, until he shall have reached twenty-one Article 197. Return of the Youth Offender to Court.
years of age or, for a shorter period as the court - Whenever the youthful offender has been found
may deem proper, after considering the reports and incorrigible or has wilfully failed to comply with
recommendations of the Department of Social the conditions of his rehabilitation programs, or
Welfare or the agency or responsible individual should his continued stay in the training institution
under whose care he has been committed. be inadvisable, he shall be returned to the
The youthful offender shall be subject to visitation committing court for the pronouncement of
and supervision by a representative of the judgment.
Department of Social Welfare or any duly licensed When the youthful offender has reached the age of
agency or such other officer as the Court may twenty-one while in commitment, the court shall
designate subject to such conditions as it may determine whether to dismiss the case in
prescribe. accordance with the next preceding article or to
Article 193. Appeal. - The youthful offender pronounce the judgment of conviction.
whose sentence is suspended can appeal from the In any case covered by this article, the youthful
order of the court in the same manner as appeals in offender shall be credited in the service of his
criminal cases. sentence with the full time spent in actual
Article 194. Care and Maintenance of Youthful commitment and detention effected under the
Offender. - The expenses for the care and provisions of this Chapter.
Article 198. Effect of Release of Child Based on Article 202. Rehabilitation Centers. - The
Good Conduct. - The final release of a child Department of Social Welfare shall establish
pursuant to the provisions of this Chapter shall not regional rehabilitation centers for youthful
obliterate his civil liability for damages. Such offenders. The local government and other non-
release shall be without prejudice to the right for a governmental entities shall collaborate and
writ of execution for the recovery of civil damages. contribute their support for the establishment and
maintenance of these facilities.
Article 199. Living Quarters for Youthful Offenders
Sentence. - When a judgment of conviction is Article 203. Detention Homes. - The Department of
pronounced in accordance with the provisions of Local Government and Community Development
Article 197, and at the time of said pronouncement shall establish detention homes in cities and
the youthful offender is still under twenty-one, he provinces distinct and separate from jails pending
shall be committed to the proper penal institution to the disposition of cases of juvenile offenders.
serve the remaining period of his sentence:
Provided, That penal institutions shall provide Article 204. Liability of Parents or Guardian or
youthful offenders with separate quarters and, as Any Person in the Commission of Delinquent Acts
far as practicable, group them according to by Their Children or Wards. - A person whether the
appropriate age levels or other criteria as will parent or guardian of the child or not, who
insure their speedy rehabilitation: Provided, further, knowingly or wilfully,
That the Bureau of Prisons shall maintain 1) Aids, causes, abets or connives with the
agricultural and forestry camps where youthful commission by a child of a delinquency,
offenders may serve their sentence in lieu of or
confinement in regular penitentiaries. 2) Does any act producing, promoting, or
Article 200. Records of Proceedings. - Where a contributing to a child's being or
youthful offender has been charged before any city becoming a juvenile delinquent, shall be
or provincial fiscal or before any municipal judge punished by a fine not exceeding five
and the charges have been ordered dropped, all the hundred pesos or to imprisonment for a
records of the case shall be destroyed immediately period not exceeding two years, or both
thereafter. such fine and imprisonment, at the
discretion of the court.
Where a youthful offender has been charged and
the court acquits him, or dismisses the case or TITLE IX.
commits him to an institution and subsequently COUNCIL FOR THE WELFARE OF
releases him pursuant to this Chapter, all the CHILDREN AND YOUTH
records of his case shall be destroyed immediately
after such acquittal, dismissal or release, unless CHAPTER I
civil liability has also been imposed in the criminal
action, in which case such records shall be Creation and Composition
destroyed after satisfaction of such civil liability.
Article 205. Creation of the Council for the Welfare
The youthful offender concerned shall not be held
of Children. - A Council for the Welfare of Children
under any provision of law, to be guilty of perjury
is hereby established under the Office of the
or of concealment or misrepresentation by reason
President. The Council shall be composed of the
of his failure to acknowledge the case or recite any
Secretary of Social Welfare as Chairman, and seven
fact related thereto in response to any inquiry made
members, namely: The Secretary of Justice, the
of him for any purpose.
Secretary of Labor, the Secretary of Education and
"Records" within the meaning of this article shall Culture, the Secretary of Health, the Presiding
include those which may be in the files of the Judge of the Juvenile and Domestic Relations
National Bureau of Investigation and with any Court, City of Manila, and two representatives of
police department, or any other government agency voluntary welfare associations to be appointed by
which may have been involved in the case. the President of the Philippines, each of whom
shall hold office for a term two years.
Article 201. Civil Liability of Youthful Offenders. -
The civil liability for acts committed by a youthful There shall be a permanent Secretariat for the
offender shall devolve upon the offender's father Council headed by an Executive Director, to be
and, in case of his death or incapacity, upon the appointed by the Chairman and approved by a
mother, or in case of her death or incapacity, upon majority of the members of the Council.
the guardian. Civil liability may also be voluntarily
For actual attendance at regular meetings, the
assumed by a relative or family friend of the
Chairman and each member of the Council shall
youthful offender.
receive a per diem of one hundred pesos for every
meeting actually attended, but the total amount of private agencies which have programs on
per diem that the Chairman and a member may child and youth welfare.
receive in a month shall in no case exceed five
hundred pesos. Existing as well as proposed programs of the
above-named agencies as well as other government
Article 206. Appropriation. - The sum of five and private child and youth welfare agencies as
million pesos is hereby appropriated, out of any may be hereafter created shall be implemented by
funds in the National Treasury not otherwise such agencies: Provided, That, with the exception
appropriated, for the operation and maintenance of of those proposed by the Local Councils for the
the Council for the Welfare of Children and Youth Protection of Children, all long-range child and
during the fiscal year. Thereafter, such sums as may youth welfare programs shall, before
be necessary for its operation and maintenance implementation, be indorsed by the agencies
shall be included in the General Appropriations concerned to their respective departments, which
Decree. shall in turn indorse the same to the Council for the
Welfare on Children and Youth, for evaluation,
CHAPTER II cooperation and coordination.
Powers and Responsibilities
Article 207. Powers and Functions. - The Council CHAPTER III
for the Welfare of Children and Youth shall have
the following powers and functions: Implementation of Code and Rule-Making
Authority
1) To coordinate the implementation and
enforcement of all laws relative to the Article 209. Implementation of this Code and Rule-
promotion of child and youth welfare; Making Authority. - The enforcement and
2) To prepare, submit to the President and implementation of this Code shall be the primary
circulate copies of long-range programs responsibility of the Council for the Welfare of
and goals for the physical, intellectual , Children. Said Council shall have authority to
emotional, moral, spiritual, and social promulgate the necessary rules and regulations for
development of children and youth, and to the purpose of carrying into effect the provisions of
submit to him an annual report of the this Code.
progress thereof;
3) To formulate policies and devise, FINAL PROVISIONS
introduce, develop and evaluate programs Article 210. General Penalty. - Violations of any
and services for the general welfare of provisions of this Code for which no penalty is
children and youth; specifically provided shall be punished by
4) To call upon and utilize any department, imprisonment not exceeding one month or a fine
bureau, office, agency, or instrumentality, not exceeding two hundred pesos, or both such fine
public, private or voluntary, for such and imprisonment at the discretion of the court,
assistance as it may require in the unless a higher penalty is provided for in the
performance of its functions; Revised Penal Code or special laws.
5) Perform such other functions as provided
by law. Article 211. Repealing Clause. - All laws or parts of
any laws inconsistent with the provisions of this
Article 208. Offices to Coordinate with the Council Code are hereby repealed or modified accordingly:
for Welfare of Children. - The following offices and Provided, That the provisions of the Dangerous
agencies shall coordinate with the Council for the Drugs Act of 1972 and amendments thereto shall
Welfare of Children and Youth in the continue to be in force and shall not be deemed
implementation of laws and programs on child and modified or repealed by any provision of this Code.
youth welfare:
Article 212. Separability Clause. - If any provision
1) Department of Justice of this Code is held invalid, the other provisions not
2) Department of Social Welfare affected thereby shall continue in operation.
3) Department of Education and Culture
4) Department of Labor Article 213. Effectivity Clause. - This Code shall
5) Department of Health take effect six months after its approval.
6) Department of Agriculture
7) Department of Local Government and Done in the City of Manila, this 10th day of
Community Development; December, in the year of Our Lord, nineteen
8) Local Councils for the Protection of hundred and seventy-four.
Children; and such other government and