Parental authority refers to parents’ rights and responsibilities toward their children from the

minute they are born until they turn 18. Under their parental authority, parents make
decisions that affect their children’s well-being.

What is parental authority, and what happens if the parents break up?

Parental Authority: Rights and Responsibilities

Under parental authority, parents have these rights and responsibilities toward their children:

 Custody

 Supervision

 physical and psychological protection

 health and safety

 Education

 providing food

 caring for them

Rights and responsibilities of parents

The father and mother use their rights and carry out their duties by making decisions in place
of their child. Their objectives are to protect the child and to secure the child an education,
development, security, health and morality.

THE FAMILY CODE

ARTICLE 209. Pursuant to the natural rights and duty of parents over the person and property of
their unemancipated children, parental authority and responsibility shall include the caring for
an rearing them to civic consciousnesses and efficiency and the development of their
moral, mental and physical character and well being. (n)

ARTICLE 210. Parental authority and responsibility may not be renounced or transferred except
in the cases authorized by law. (313a)

ARTICLE 211 The father and the mother shall jointly exercise parental authority over the persons
of their common children. In case of disagreement, the father’s decision shall prevail, unless
there is a judicial order to the contrary
 Children shall always observe respect and reverence toward their parents and are obliged to
obey them as long as the children are under parental authority. (311a)

ARTICLE 212. In case of absence or death of either parent, the parent present shall continue
exercising parental authority. The remarriage of the surviving parent shall not affect the
parental authority over the children, unless the court appoints another person to be the guardian of
the person or property of the children. (n)

ARTICLE 213. In case of separation of the parents, parental authority shall be exedcised by the
parent designated by the court. The court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)

No child under seven years of age shall be separated fro the mother, unless the court finds
compelling reasons to order otherwise.

ARTICLE 214. In case of death, absence or unsuitability of the parents, substitute parental
authority shall be exercised by the surviving grandparent. In case several survive, the one designated
by the court, taking into account the same consideration mentioned in the preceding article, shall
exercise the authority. (344a).

Chapter 3. Effect of Parental Authority Upon the Persons of the Children

ARTICLE 220. The parents and those exercising parental authority shall have with respect to
their unemancipated children or wards the following rights and duties.

1. To keep in their company, to support, educate and instruct them by right precept and good example,
and to provide for their upbringing in keeping with their means;

2. To give them love and affection, advice and counsel, companionship and understanding;

3. To provide them with moral and spiritual guidance, include in term honestly, integrity, self-discipline,
self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance
with the duties of citizenship;

4. To enhance, protect, preserve and maintain their physical and mental health at all times;

5. To furnish them with good and wholesome educational materials, supervise their activities, recreation
and association with others, protect them from bad company, and prevent them from acquiring habits
detrimental to their health, studies and morals;

6. To represent them in all matters affecting their interest;

7. To demand from them respect and obedience;

8. To impose discipline on them as may be required under the circumstance;

9. To perform such other duties as are imposed by law upon parents and guardians. (316a)

“Now that you have gain ideas from the activity let us get to know the topic to be discussed in this
lesson through accomplishing this activity. This activity present the topic Rights,
Welfare, and Protection of Children under applicable laws. For your additional idea lets
answer this question.

What are the 5 most important children’s rights?

Children’s rights include the right too health, education, family life, play and recreation, an
adequate standard of living and to be protected from abuse and harm.

What is meant by child rights?

Children’s rights are the human rights of children with particular attention to the rights of special
protection and care afforded to minors, including their right to association with both parents,
human identity as well as basic needs for food, universal state-paid education, health care
and criminal laws.

PRESIDENTIAL DECREE NO. 603

December 10, 1974

THE CHILD AND YOUTH WELFARE CODE

FERDINAND E. MARCOS, President of the Philippines

Art. 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and
other factors.

1. Every child is endowed with the dignity and worth of a human being from the moment of his
conception, as generally accepted in medical parlance, and has, therefore, the right to be born
well.

2. Every child has the right to a wholesome family life that will provide him with love, care and
understanding, guidance and counseling, and moral and material security.

The dependent or abandoned child shall be provided with the nearest substitute for a
home.

3. Every child has the right to a well-rounded development of his personality to the end that he
may become a happy, useful and active member of society.
 The gifted child shall be given opportunity and encouragement to develop his special
talents.

The emotionally disturbed or socially maladjusted child shall be treated with sympathy
and understanding, and shall be entitled to treatment and competent care.

The physically or mentally handicapped child shall be given the treatment, education and
care required by his particular condition.

4. Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper
medical attention, and all the basic physical requirements of a healthy and vigorous life.

5. Every child has the right to be brought up in an atmosphere of morality and rectitude for the
enrichment and the strengthening of his character.

6. Every child has the right to an education commensurate with his abilities and to the
development of his skills for the improvement of his capacity for service to himself and to his
fellowmen.

7. Every child has the right to full opportunities for safe and wholesome recreation and
activities,individual as well as social, for the wholesome use of his leisure hours.

8. Every child has the right to protection against exploitation, improper influences, hazards, and
other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral
development.

9. Every child has the right to live in a community and a society that can offer him an
environment free from pernicious influences and conducive to the promotion of his health and
the cultivation of his desirable traits and attributes.

10. Every child has the right to the care, assistance, and protection of the State, particularly
when his parents or guardians fail or are unable to provide him with his fundamental needs for
growth, development, and improvement.

11. Every child has the right to an efficient and honest government that will deepen his faith in
democracy and inspire him with the morality of the constituted authorities both in their public and
private lives.
 12. Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination to contribute
his share in the building of a better world.

________________________________________________________________
_______
Art. 40 of the UN Convention on the Rights of the Child defines the rights of children that are
either alleged as or accused of having infringed the penal law and invites the signatories to prescribe
special regulations, councils and courts for juvenile offenders, to define the treatment of juveniles and
define minimum procedural guarantees for a juvenile, minimum age limit for criminal liability, as well as
to promote procedures that imply the implementation of a set of alternatives to institutionalization.

During the procedure, juveniles should have special treatment arising from their right to be
treated «in a manner consistent with the promotion of the child’s sense of dignity and worth,
taking into account the age of the child...» (Art.40(1) Convention on the Rights of the Child).

The procedure before a competent and impartial body shall be conducted expediently, with the
attendance of parents and respect of child’s privacy and where the procedure is conducted before
cameras, the child’s identity must not be revealed. Court procedure and accommodation with
restricted freedom are recommended as the last available option that is replaced by a number
of alternatives, such as: care, supervision, conditional punishment, adoption, education and
professional training programme.

In accordance with the UN Convention on the Rights of the Child and other relevant
international standards, the rights of the child that must be respected throughout the procedure so
as to achieve the goal of a fair trial include the following:

 right of the child to be informed of the charges

 right not be compelled to give testimony

 right to be presumed innocent until proven guilty

 right not to be compelled to confess guilt

 right to legal assistance (a defence counsel) in preparing for the court Trial

 right of the child to have his parents or legal guardians immediately informed of its arrest,
detention and all the charges against it, unless it is against the child’s interests

 right of the child to maintain contact with its family by correspondence and through visits
save in exceptional circumstances

 right to an effective legal remedy

 right to privacy
 right to emergency in the procedure administration (emergency procedure)

 right to liberty and safety of person

 right of the child to be interviewed in the presence of parents, professionals - social worker,
psychologist, education specialist (from the childcare authority), defence counsel

 right to free services of an interpreter if the child does not understand or does not speak the
language used at the interview

 right to be taken to court for the hearing within 48 hours of the arrest, with a guardian and
social worker attending

Procedures against juveniles must be implemented in such a way as to ensure

the respect for their rights and safety and must take into account their age and willingness to
rehabilitate. This is meant to avoid any form of labeling the juvenile because of the criminal
offence committed and give priority to the implementation of educational over punitive
measures.

A criminal procedure administered against a juvenile is characterized by the exclusion of public.

To protect the juvenile’s privacy, trials involving juveniles should be closed to the public and
media, which is listed as one of the allowed exceptions to the right to a public trial. To avoid
labeling of juveniles and protect their private life, judgments pronounced to juveniles are not
public as a rule. Art. 14(1) of the ICCPR sets forth an exception to the request to have
judgments publicized when it is required in the interest of the juvenile.

Juveniles have the right to be represented by a defence counsel throughout

the procedure whereas juveniles who are not in a position to form their own views should be
ensured a right to freely express such views in any court, administrative or other procedure
relevant to him, either directly or through his representative. The juvenile himself, his legal
representative or relatives, may select a defence counsel (a juvenile must have a defence
counsel right from the beginning of the preliminary procedure, so if he fails to retain one, he will
be appointed a public defence counsel by the juvenile judge; a juvenile may on no condition
waive his right to a counsel and his presence).

Art. 5(1) of the European Convention on Human Rights and Freedoms guarantees everyone the
right to freedom and personal safety. The whole of Art. 5 deals

with the protection of physical freedom from arbitrary arrest or detention.

At all events, regardless of whether juveniles are detained or an emergency

procedure is required, the court shall immediately consider the possibility of release, and the
contact between the law enforcement agencies and the juvenile offender must ensure respect
for the juvenile’s legal status, care for his benefit and avoidance of harmful consequences, while
fully respecting the circumstances of that individual case. Before the juvenile is committed to
 custody, the court must check whether the interview has been conducted in accordance with the
law.

The juvenile offender’s personal records shall be kept strictly confidential and access to them
shall be limited only to duly authorized persons. Data from such records may not be used in any
subsequent proceedings instituted against such offender once he reaches the legal age of
maturity.

Laws relating to Child Protection and dealing with Juvenile Delinquency

1. R.A 6809 - Lowering the age of majority from twenty one (21) to eighteen (18) years Amending for the
purpose Executive Order No. 209, and for other purposes

2. R.A 7610 - Special Protection of Children Against Abuse, Exploitation and Discrimination

 Child Prostitution and Child Abuse

 Child Trafficking

 Obscene Publication and Indecent shows

 Other Acts of Abuse

 Circumstances which gravely threaten or endanger the survival and normal

development of the child

3. R.A 7658 - Prohibiting the Employment of Children below fifteen (15) years of age in public and private
Undertakings

4. R.A 8369 - Family Court Act of 1997

5. R.A 9262 - Anti-Violence Against Women and their Children Act of 2004

6. R.A 9344 - Juvenile Justice Welfare Act of 2006

7. P.D 603 - Child and Youth Welfare Code

8. R.A 9165 - Dangerous Drug Act of 2002

- suspension of Sentence for first time Minor Offender

9. R.A 9775 - Anti-Child Pornography Act of 2009

10. R.A 10630 - An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the
Juvenile Justice and Welfare Council under the Department of Social Welfare and Developmet,
Appropriating Funds Therefor, and for Other Purposes.”
 “Now that you have gain ideas from the activity let us get to know the topic to be discussed in this
lesson through accomplishing this activity. This activity present the topic Rights,
Welfare, and Protection of Children under applicable laws. For your additional idea lets
answer this question.

What are the 5 most important children’s rights?

Children’s rights include the right too health, education, family life, play and recreation, an
adequate standard of living and to be protected from abuse and harm.

What is meant by child rights?

Children’s rights are the human rights of children with particular attention to the rights of special
protection and care afforded to minors, including their right to association with both parents,
human identity as well as basic needs for food, universal state-paid education, health care
and criminal laws.

Gender and delinquency

 Female delinquency was considered unimportant by early delinquency experts because

girls rarely committed crime, and when they did it was sexual in nature.

 Interest in female delinquency has risen because the female crime rate has been
increasing, while the male rate is in decline.

There are distinct gender patterns in development that may explain crime rate differences.

1. Girls are socialized to be less aggressive than boys

2. Girls read better and have better verbal skills than boys

3. Gender differences may have both biological and social origins.

The female proportion of the delinquency rate has grown at a faster pace than that of males
during the past twenty-five years. Though males still are arrested more often than females, the inter-
gender patterns of delinquency are remarkably similar. There are a variety of view on why girls
become delinquent and why there are gender differences in the crime rate. At one time it was
believed that the girls were naturally less aggressive and female criminals were a biological
aberration.

Some experts still believe that hormonal differences can explain why males are more aggressive
and that males because they have involved that way to secure mates. Under some circumstance
females may act more aggressively than males.

According to some experts girls have been socialized to be less violent. Female delinquents may
be the product of a destructive home life, rebelling against abusive parents. The liberal feminist view is
that girls did not have the same opportunities to commit rime as boys and that rising female crime
rates represent changing life circumstances. Critical feminist see female delinquency as a function of
male domination and abuse.

Community Programs for Juvenile Delinquency

The most effective programs for juvenile delinquency prevention share the following key
components:

a. Education

 Educational programs have the underlying intent of encouraging hope and opening up
opportunities for young people.

 Some programs inform parents on how to raise healthy children; some teach children abou
the effects of drugs gangs, sex, and weapons; and others aim to express to youth the
innate worth they and all others have.

 All of these programs provide youths with the awareness that their actions have
consequences.

b. Recreation

 One of the immediate benefits of recreational activities is that they fill unsupervised after-
school hours

 The Department of Education has reported that youths are most likely to commit crimes
between 2 p.m. and 8 p.m., with crime rates peaking at 3 p. m..

 Recreational programs allow youths to connect with other adults and children in the
community.

 Such positive friendship may assist children in later years

 Youth programs are designed to fit the personalities and skills of different children and may
include sports, dancing, music, rock climbing, drama, karate, bowling, art, and other
activities.

c. Community Involvement

 Gort scoutsboys scout, church youth groups, and volunteer groups all involve youth within
a community.

 Involvement in community groups provide youth with an opportunity to interact in a safe

social involvement.

d. Prenatal and Infancy Home Visitation

 Nurses involved in the “Prenatal and Infancy Home Visitation by Nurses” program pay visits
to low income, single mothers between their their trimester and the second year of their
child’s life.

 During these visits, nurses focus on the health of the mother and child, the support
relationships in the mother’s life, and the enrolment of the mother and child in Health and
Human Services programs.
  A 15-year follow-up study found that mothers and children involved in the program had a 79
percent lower child abuse rate, s 56 percent lower child runaway rate, and a 56 percent
lower child arrest rate.

 Maternal behavior problems also dropped significantly in the studied group.

e. Parent-Child Interaction Training Program

 The “Parent-Child Interaction Program” takes parents and children approximately 12 weeks
to complete.

 It is design to teach parenting skills to parents of children ages two to seven who exhibit
major behavioral problems.

 The program places parents and children in interactive situations

 A therapist guides the parents, educating them on how best to respond to their child’s
behavior, whether positive or negative.

 The program has been shown to reduce hyperactivity, attention deficit, aggression, and
anxious behavior in children.

f. Bullying Prevention Program

 The Bullying Prevention Program is put into place in elementary and junior high school
settings.

 Teachers and administrators have learned about how and where bullying occurs at their
school, they set up class rules and facilitate discussions that address the problem,.

 Individual bullies and victims receive independent counselling.

 The program succeeds in creating a safer, less hostile environment for students at minimal
cost.

g. Prevention Programs within the Juvenile System

 A youth entering the juvenile justice system has the opportunity to receive intervention
assistance from the state.

 In the care of the state, a youth may receive drug rehabilitation assistance, counselling, and
educational opportunities

 The success of the Juvenile Justice System is measured by how well it prepares youth to
re-enter the community without committing further crimes.

 All jvenile detention facilities would catch youths up on their education, provide them with
job training, give them the experience of living in a safe, stable environment, and provide
them with assistance to break harmful habits.

h. Ending Repeat Offenses

 Once out of detention, youth face the challenge of readjusting to “free” life.

 Once out of prison, the youth must create a pattern of life separate from criminal activity.

 To assist in this process, courts have attempted to implement helpful social services for
former inmates and their families.
  Some of these are job placement, school follow-up, extended counseling, and extended
drug rehab.

 The Functional Family Therapy (FFT) program assists youth on parole by helping them and
their families communicate in more effective, positive ways.

i. Functional Family Therapy (FFT)

 This programs helps adolescents on probation-and their families.

 A fmily therapists works with the family and helps individual family members see how they
can positively motivate change in their home.\

 The program works in 3 phases:

a. First phase, the therapist attempts to break down resistance to therapy and
encourages the family to believe that negative communication and interaction [patterns can be
changed.

b. Second phase, family members are taught new ways to approach day-to-day
situations; they are shown how to change their behaviors and responses to situations.

c. Third phase, family members are encouraged to move new ralational skills into other
situations (school, or the workplace, for instance)

 FFT reduces recidivism rates and juvenile delinquency at a low cost

 Another positive effect pf the progrm is that the siblings of the youth on parole are less
likely to commit crimes because of the help their family has received.

Kinds of Intervention Programs (PHILIPPINES)

1. Counseling

2. Peer Counseling and life skills training and Education

3. Provision of support services to the family (parent effectiveness service, livelihood programs,
skills training etc.)

4. Referral to the other agencies for appropriate services (education, health, skills training etc.)

5. Access to the child and youth organization in the community, such as but not limited to the
Sanguniang Kabataan. (the time frame of the intervention programs and the outcome desired shall be
specified).

In case of failure to comply with Intervention Programs

The LSWD may file the proper petition for involuntary commitment of the child

Diversion
 Diversion - refers to an alternative, child-appropriate process of determining the responsibility
and treatment of a child in conflict with the law (CICL) on the basis of his/her social, cultural,
economic, psychological and educational background without resorting to formal court
pro=proceeding.

Diversion proceeding - refers to a meeting or series of meetings facilitated by either a social

worker, Punoing Barangay, law enforcement officer, prosecutor or a judge, depending on the level of
diversions conducted, with a view to having the parties involved in the offense are on the
appropriate diversion program for CICL. The modes used are conciliation, mediation and family
conferencing.

Diversion program - refers to the program that the CICL is required to undergo after she/he Is
found responsible for an offense without resulting to a formal court proceedings.

A diversion program in the criminal justice system is a form of sentence which the criminal
offender joins a rehabilitation program, which will help remedy the behavior leading to the original arrest,
allow offender to avoid conviction and, in some jurisdictions, hide a criminal record. The programs
are often run by a police department, court, a district attorney’s office, or outside agency.

Diversion programs are alternatives to initial or continued formal processing of youth in the
juvenile delinquency system. The purpose of diversion programs is to redirect youthful offenders
from the justice through programming, supervision, and supports.

Intervention - refers to series of activities which are designed to address issues that caused the
child to commit an offense. It may take the form of individualized treatment program which may
include counseling, skills training, education, and other activities that will enhance the child’s
psychological, emotional and psychological well-being.

Diversion under Law enforcement officer

 If the child is above 15 but below 18 years of age

 Acted with discernment

 Committed an offense with an imposable penalty of not more than 6 yrs of imprisonment

Under the prosecutor or judge

 If the child is above 15 but below 18 years of age

 Acted with discernment

 Committed an offense with an imposable penalty of more than 6 years of imprisonment

Length of proceeding when terminated

The diversion proceeding shall be completed within 45 days. It is deemed terminated when:

 A contract of diversion has been entered

 The 45 fay period expires without any agreement reached

 The child or his/her parents or guardian do not consent to a diversion

 The authority conducting the diversion finds that diversion is not applicable based on the
factors enumerated