DEVELOPMENT OF JUVENILE JUSTICE IN THE
PHILIPPINES
1) PD 603 – Child and Youth Welfare Code
2) Ra 7610 – Anti-Child Abuse Law
3) RA 6809 – Law amending the Age of Majority
4) RA 8552 AND RA 8043 – Laws on Adoption
5) RA 9208 – Anti-Trafficking in Persons Act
6) RA 9231 – Law amending RA 7610 on Working Children
7) RA 9255 – Law on the Use of Father’s Surname of Illegitimate Children
8) RA 9262 – Anti-Violence Against Women and their Children
9) RA 9523 – Law amending the Laws on Adoption
10) RA 9344 - Juvenile Justice and Welfare Act
11) RA 9775 – Anti-Child Pornography Act
PARENTAL AUTHORITY (PATRIA POTESTAS) - It is the sum total of
the rights of the parents over the person and property of their child.
PARENTAL RESPONSIBILITY - It is the sum total of the duties and
obligations of parents over their minor children
UNFIT PARENT - A temporary or permanent termination of parental rights
in the best interest of the child usually for reasons of abandonment,
abuse, or neglect, but also including mental illness, addiction, or criminal
record. Poverty alone and character flaws are prohibited by law from
being indicators of "unfitness".
LIABILITIES OF PARENTS - Parents and guardians are responsible for
the damage or injury caused by the child under their parental authority.
LEGAL CUSTODY - In case of separation of parents, no child under
SEVEN (7) YEARS OF AGE shall be separated from his mother unless
the court decides otherwise.
GUARDIANSHIP - It is a trust relation of the most sacred character in
which one person called a guardian who acts for another called a ward
who is regarded as incapable of managing his own affairs.
SUBSTITUTE PARENTAL AUTHORITY - In case of absence or death of
both parents, substitute parental authority shall be given to the following,
in order of priority:
1) grandparents;
2) oldest brother or sister at least 21 years of age; and
3) relative who has actual custody of the child/guardian
duly appointed by the court.
IN LOCO PARENTIS - Teachers, administrators, and babysitters who are
viewed as having some temporary parental rights & obligations.
COMMENCEMENT OF CIVIL PERSONALITY - The CIVIL
PERSONALITY of the child shall commence from the MOMENT OF
CONCEPTION.
CONCEPTION
- It is the start of life.
- It is the union of the sperm cell and the egg cell.
- It is also called the process of fertilization
CIVIL PERSONALITY
- It pertains to the identity and recognition of an individual as person having
rights.
- It shall commence from the moment of conception and thus, all children shall
have the right to be born and the right to live.
ILLEGITIMACY- Being born to unmarried parents. The law assumes
legitimacy via a married mother's husband, whether or not this is the true
father. Illegitimacy status limits inheritance rights.
ABORTION - It is the expulsion of the fetus from the mother’s womb.
KINDS OF ABORTION
1) CRIMINAL ABORTION - It is classified as intentional or unintentional as
provided in the Revised Penal Code. It is punishable by law.
2) THERAPEUTIC ABORTION - It is recommended and performed by a
certified physician when there are health risks and complications. It is not
punishable by law
SPECIAL CATEGORIES OF CHILDREN:
1) DEPENDENT - One who is without a parent, guardian or custodian, or
whose parents, guardian or other custodian for good cause desire to be
relieved of his care and custody and is dependent upon the public for support.
2) ABANDONED - One who had no proper parental care or guardianship or
whose parents or guardians have deserted him for a period of at least six
consecutive months (PD 603).
- Refers to a child who has no proper parental care or guardianship or whose
parents have deserted him or her for a period of at least three (3) continuous
months (RA 9523).
3) NEGLECTED - One whose basic needs have been deliberately unattended
or inadequately attended. A child is unattended when left by himself without
provision for his needs and without proper supervision.
- Neglect may occur in two ways:
a) Physical Neglect or malnourishment, untidy and damaged clothing, no
shelter
b) Emotional Neglect or maltreatment, raped, seduced, abused, exploited,
made to work under conditions not conducive to good health or placed in
moral and physical danger
4) MENTALLY-RETARDED - Socially incompetent, socially inadequate,
occupationally incompetent and unable to manage their own affairs.
- Mentally sub-normal
- Retarded intellectually from birth or early age
- Retarded at maturity
- Mentally deficient as a result of constitutional origin
through heredity or disease
- Essentially incurable
1. Custodial – (1-25 I.Q.)
2. Trainable – (25-50 I.Q.)
3. Educable – (50-75 I.Q.)
4. Borderline or Low Normal – (75-89 I.Q.)
5. Idiot – One whose mental condition is likened to a person 2 years old and
below
6. Imbecile – Those whose mental condition is similar to that of age 2 to 7
years old.
7. Moron – One whose mental condition is similar to that of seven years of
age and above.
5) PHYSICALLY-HANDICAPPED - A crippled, deafmute, blind and other
conditions which restrict their means of action or communication with others.
6) EMOTIONALLY-DISTURBED - Those who, although not afflicted with
insanity or mental defect are unable to maintain normal social relations with
others and the community in general due to emotional problems or
complexes.
7) MENTALLY-ILL - Those with any behavioral disorder, whether functional
or organic, which is of such a degree of severity as to require professional
help or hospitalization.
8) DISABLED- Includes mentally-retarded, physicallyhandicapped,
emotionally-disturbed and mentally-ill children.
