A Legal Framework for Child Protection in the Philippines

A Legal Framework for Child Protection in the Philippines Presented by: Mr. Cueno Date: 4 August 2023 Related Philippine Laws Affecting Children - PD 603- "Child and Youth Welfare Code". I - R.A. 6809- Lowering the age of majority from 21 to 18 years of age. - RA 9344- "Juvenile Justice Welfare Act of 2006". - RA 10630- An Act Strengthening the Juvenile Justice System in the Philippines, RA. 9344. - RA 9262- "Anti-Violence Against Women and their Children Act of 2004"". - RA 7610- "Special Protection of Children Against Abuse, Exploitation & Discrimination" - R.A. 8369- The law that established the "Family Court".* - R.A. 8552- An act establishing the rules and policies on the domestic adoption known as "Domestic Adoption Act of 1998." - R.A. 8043- An act establishing the rules to govern inter-country adoption of Elipino children known as "Inter-Country Adoption Act of 1995." - R.A. 6972- Barangay Level Development and Protection of Children Act - R.A. 9255- An Act allowing illegitimate children to use the surname of their father Special Categories of Children - Dependent Child - one who is without a parent, guardian or custodian; or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public for support. - Abandoned Child - one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six (6) continuous months. - Take Note: This provision was further amended by RA 9523 in which Abandoned Child may refer to a child who has no proper parental care or guardianship, or whose parent(s) have deserted him/her for a period of at least three (3) continuous months, which includes a foundling. - Neglected Child- refers to a child whose basic needs have been deliberately unattended or inadequately attended within a period of three (3) continuous months. Neglect may occur in two (2) ways: • There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A child is unattended when left by himself/herself without proper provisions and/or without proper supervision. • There is emotional neglect when the child is maltreated, raped, seduced, exploited, overworked, or made to work under conditions not conducive to good health; or is made to beg in the streets or public places; or when children are in moral danger, or exposed to gambling, prostitution, and other vices. Substitute Parental Authority - In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated: • (1)The surviving grandparent; • (2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and • (3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified. (PD 603 as amended by EO 209 or The Family Code). Classifications of Child and Youth Welfare Agencies - 1. Child-caring Institution one that provides twenty- four resident group care service for the physical, mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders. - 2. Bahay Pag-Asa" - 24-hour child-caring institution established, funded and managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short- term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. - 3. Shelter-care institution - one that provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order holding them as material witnesses. - 4. Receiving homes - family-type homes which provides temporary shelter from ten to twenty days for children who shall during this period be under observation and study for eventual placement by the Department of Social Welfare. - 5. Nursery - provides care for six or more children below six years of age for all or part of a twenty-four-hour day, except those duly licensed to offer primarily medical and educational services. - 6. Maternity Home - an institution or place of residence whose primary function is to give shelter and care to pregnant women and their infants before, during and after delivery. - 7. Youth Rehabilitation Center - an institution that receives and rehabilitates youthful offenders or other disturbed children. - 8. Reception and Study Center - an institution that receives for study, diagnosis, and temporary treatment, children who have behavioral problems for the purpose of determining the appropriate care for them - 9. Child-placing Agency- an institution or person assuming the care, custody, protection and maintenance of children for placement in any child- caring institution or home or under the care and custody of any person or persons for purposes of adoption, guardianship or foster care. Violence Against Women and their Children (VAWC) - Committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, which result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. - VAWC includes the following acts: • Physical Violence - refers to acts that include bodily or physical harm; • Sexual violence - refers to an act which is sexual in nature, committed against a woman or her child. • Psychological violence - refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, public ridicule or humiliation, repeated verbal abuse and mental infidelity. • Economic abuse - refers to acts that make or attempt to make a woman financially dependent which includes, Withdrawal of financial support, Deprivation or threat of deprivation of financial resources, Controlling the victims' own money or properties or solely controlling the conjugal money or properties. Important Terms - Battery- It refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. - Battered Woman Syndrome- It refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. - Stalking- an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof. - Dating relationship- a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. - Sexual relations- It refers to a single sexual act which may or may not result in the bearing of a common child. Venue - The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. - Take Note: Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime. What Is Child Abuse? - It refers to the maltreatment, whether habitual or not, of the child which includes any of the following: • Psychological and physical abuse; • Any act by deeds or words which debases, degrades intrinsic worth and dignity of a child; • Unreasonable deprivation of his basic needs; • Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth; Employment of Children - Children below fifteen (15) years of age may be employed: Provided, That the following minimum requirements are present; • The employer shall secure for the child a work permit from DOLE • The employer shall ensure the protection, health, safety, and morals of the child; • The employer shall institute measures to prevent exploitation or discrimination; • The employer shall formulate and implement a continuous program for training and skill acquisition of the child. Rights of Children Arrested for Reasons Related to Armed Conflict - Any child who has been arrested is entitled to the following rights: • Separate detention from adults except where families are accommodated as family units; • Immediate free legal assistance; • Immediate notice of such arrest to the parents or guardian of the child; and • Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court. Who May File a Complaint? - Complaints on cases of unlawful acts committed against the children as enumerated above may be filed by the following: • Offended party; • Parents or guardians; • Ascendant or collateral relative within the third degree of consanguinity; • Officer, social worker or representative of a licensed child-caring institution; • Officer or social worker of the Department of Social Welfare and Development; • Barangay chairman; or • At least three (3) concerned responsible citizens where the violation occurred.