The Family Code of the Philippines & RA 7610 PDF

# GROUP 1 ## THE FAMILY CODE OF THE PHILIPPINES AND R.1 7610 # INTRODUCTION The Family Code of the Philippines and Republic Act No. 7610 are legal frameworks that protect the rights of children and aim to strengthen the foundation of the family. Enacted on July 6, 1987 the Family Code of the Phili...

# GROUP 1 ## THE FAMILY CODE OF THE PHILIPPINES AND R.1 7610 # INTRODUCTION The Family Code of the Philippines and Republic Act No. 7610 are legal frameworks that protect the rights of children and aim to strengthen the foundation of the family. Enacted on July 6, 1987 the Family Code of the Philippines focuses on marriage, family unity, and child welfare. Meanwhile, RA 7610, known as the Special Protection Against Child Abuse, Exploitation, and Discrimination Act, promotes the protection of children against abuse, exploitation, and discrimination. ### The Family Code of the Philippines - Title I: Marriage - Title II: Legal Separation - Title III: Rights and Obligations Between Husband and Wife - Title IV: Property Relations Between Husband and Wife - Title V: The Family - Title VI: Paternity and Filiation - Title VII: Adoption - Title VIII: Support - Title IX: Parental Authority - Title X: Emancipation and Age of Majority - Title XI: Summary Judicial Proceedings in The Family Law - Title XII: Final Provision ### R.A NO. 7610 - Policy, Principles and Definitions - Program - Child Prostitution and Sexual Abuse - Child Trafficking - Obscene Publications and Indecent Shows - Other Acts of Child Abuse - Sanctions for Establishments - Working Children - Indigenous Communities - Armed Conflict - Remedial Procedures - Common Penal Provisions - Final Provisions. # **The FAMILY CODE OF THE PHILIPPINES** # **TITLE VIII: SUPPORT** ## **ARTICLE 194:** Support compromises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. ## ARTICLE 195: Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article. - The spouses - Legitimate ascendants and descendants - Parents and their legitimate children and the legitimate and illegitimate children of the latter - Parents and their illegitimate children and the legitimate and illegitimate children of the latter - Legitimate brothers and sisters, whether of full or half-blood # **TITLE IX: PARENTAL AUTHORITY** ## **CHAPTER 1: GENERAL PROVISION** ## **ARTICLE 209:** Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being ## **ARTICLE 210:** Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. ## **ARTICLE 211:** The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority ## **ARTICLE 215:** No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other. ## **CHAPTER 2: SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY** ## **ARTICLE 216:** In default of parents or a judicially appointed guardian, the following persons shall exercise substitute parental authority over the child in the order indicated - The surviving grandparent - The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified - The child's actual custodian, over twenty-one years of age, unless unfit or disqualified ## **ARTICLE 217:** In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's homes, orphanages and similar institutions duly accredited by the proper government agency. ## **ARTICLE 218:** The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution ## **CHAPTER 3: EFFECTS OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN** ## **ARTICLE 220:** The parents and those exercising parental authority shall have with the respect to their unemancipated children or wards the following rights and duties: - To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means; - To give them love and affection, advice and counsel, companionship and understanding - To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship. - To enhance, protect, preserve and maintain their physical and mental health at all times - To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals - To represent them in all matters affecting their interests - To demand from them respect and obedience - To impose discipline on them as may be required under the circumstances - To perform such other duties as are imposed by law upon parents and guardians ## **CHAPTER 5: SUSPENSION AND TERMINATION OF PARENTAL AUTHORITY** ## **ARTICLE 233:** The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. In no case shall the school administrator, teacher or individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. # **TITLE X EMANCIPATION AND AGE OF MAJORITY** ## **ARTICLE 234:** Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years. Emancipation also takes place: - By the marriage of the minor; or - By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Such emancipation shall be irrevocable. # **R.A. 7610 SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND DISCRIMINATION ACT** ## **ARTICLE I: TITLE, POLICY, PRINCIPLES AND DEFINITION OF TERMS** ## **SECTION 2: Declaration of State Policy and Principles** It is hereby declared to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. ## **SECTION 3: Definition of terms** - **Children-** Refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. - **Child abuse-** Refers to the maltreatment, whether habitual or not, of the child - "Circumstances which gravely threaten or endanger the survival and normal development of children" - "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated program of services and facilities to protect children against: - Child prostitution and other sexual abuse; - Child trafficking - Obscene publications and indecent shows; - Other acts of abuse - Circumstances which threaten or endanger the survival and normal development of children. # **ARTICLE III: CHILD PROSTITUTION AND OTHER SEXUAL ABUSE** ## **SECTION 5: Child Prostitution and Other Sexual Abuse** Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: - **(A) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:** - Acting as a procurer of a child prostitute - Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means - Taking advantage of influence or relationship to procure a child as a prostitute - Threatening or using violence towards a child to engage him as a prostitute - Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution. - **(B) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse:** Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. ## **SECTION 6: Attempt to Commit Child Prostitution** There is an attempt to commit child prostitution under Section 5, paragraph (A) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessels, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code. # **ARTICLE IV CHILD TRAFFICKING** ## **SECTION 7: CHILD TRAFFICKING** Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. # **ARTICLE VIII: WORKING CHILDREN** ## **SECTION 12: 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 the Department of Labor and Employment - The employer shall ensure the protection, health, safety and morals of the child; - The employer shall institute measures to prevent exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time - The employer shall formulate and implement a continuous program for training and skills acquisition of the child. ## **SECTION 13: Non-formal Education for Working Children** The Department of Education, Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances. The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective implementation of this section. # **ARTICLE IX: CHILDREN OF INDIGENOUS CULTURAL COMMUNITIES** ## **SECTION 17: Survival, Protection and Development** In addition to the rights guaranteed to children under this Act and other existing laws, children of indigenous cultural communities shall be entitled to protection, survival and development consistent with the customs and traditions of their respective communities. ## **SECTION 18: System of and Access to Education** The Department of Education, Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which is culture-specific and relevant to the needs and the existing situation in their communities. The Department of Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs conducted by nongovernmental organizations in said communities. ## **SECTION 20: Discrimination** Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination. Any person who discriminates against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five Thousand Pesos (P5,000) nor more than Ten Thousand Pesos (P10,000). ## **SECTION 21: Participation** Indigenous cultural communities, through their duly-designated or appointed representatives shall be involved in planning, decision-making, implementation, and evaluation of all government programs affecting children of indigenous cultural communities. Indigenous institutions shall also be recognized and respected. ## **SECTION 19: Health and Nutrition** The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned. Hospitals and other health institutions shall ensure that children of indigenous cultural communities are given equal attention. In the provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and recognized. # **ARTICLE X: CHILDREN IN SITUATIONS OF ARMED CONFLICT** ## **SECTION 22: Children as Zones of Peace** Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. To attain this objective, the following policies shall be observed: - Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment; - Children shall not be recruited to become members of the Armed Forces of the Philippines or its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies; - Delivery of basic social services such as education, primary health and emergency relief services shall be kept unhampered; - The safety and protection of those who provide services including those involved in fact-finding missions from both government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the performance of their work; - Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as command posts, barracks, detachments, and supply depots - All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict. # **GENERALIZATION** ## **Family Code of the Philippines** - **Article 194** states that support provisions include sustenance, dwelling, clothing, medical care, education, and transportation. Support includes education for professions, trades, or vocations beyond majority age. Transportation includes expenses for school or work trips. - **Article 195** mandates that spouses, parents, children, brothers, sisters, and ascendants must support each other to the extent outlined in the preceding article, subject to the provisions of the succeeding articles. This includes both legitimate and illegitimate children, as well as legitimate brothers and sisters. - **Article 209** states that parents have the natural right and duty to care for and raise their unemancipated children, focusing on their development of civic consciousness, efficiency, moral, mental, and physical character. - **Article 210** states that parental authority and responsibility cannot be revoked or transferred unless authorized by law. - **Article 211** mandates that the father and mother jointly have parental authority over their children, with the father's decision ruling unless a judicial order is in conflict. Children must respect and obey their parents while under parental authority. - **Article 215** states that a descendant cannot be compelled to testify against their parents and grandparents in a criminal case unless it is essential in a crime against the descendant. - **Article 216** states that in case of parental absence, the surviving grandparent, the oldest brother or sister over 21 years old, or the child's custodian, unless unfit or disqualified, shall exercise substitute parental authority. - **Article 217** grants parental authority to heads of accredited children's homes, orphanages, and similar institutions in summary judicial proceedings for foundlings, abandoned, neglected, or abused children. - **Article 218** states that schools, administrators, teachers, or any entity involved in child care have special parental authority and responsibility over minor children, applicable to all authorized activities within or outside the school's premises. - **Article 220** outlines the rights and duties of parents and those with authority over their unemancipated children or wards. These include providing moral guidance, providing good educational materials, supervising activities, protecting them from bad company, providing love, advice, companionship, and maintaining their physical and mental health. Parents must also represent their children in matters affecting their interests, demand respect and obedience, impose discipline, and perform other duties as imposed by law. - **Article 233** states that individuals exercising substitute parental authority have the same authority over a child as parents, and cannot inflict corporal punishment upon the child. - **Article 234** states that emancipation occurs at the age of 21 or through marriage or a recorded agreement in the Civil Register between a parent and a minor, and such emancipation is irrevocable and occurs at least 18 years old. # **Generalization** ## **R.A No. 7610: SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND DISCRIMINATION ACT** - **SECTION 2: Declaration of State Policy and Principles**: The State is committed to protecting children from abuse, neglect, cruelty, exploitation, and discrimination, and will provide sanctions for their commission. It will also implement a program for prevention and crisis intervention in cases of abuse, ensuring the child's safety and development. - **SECTION 3: Definition of terms** - **Children**: Refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. - **Child abuse**: Refers to the maltreatment, whether habitual or not, of the child. - "Circumstances which gravely threaten or endanger the survival and normal development of children" - "Comprehensive program against child abuse, exploitation and discrimination" - **Section 5**: Defines child prostitution and other sexual abuse as children engaging in sexual intercourse or lascivious conduct for money, profit, or coercion due to adult influence. The penalty of reclusion temporal in its medium period to Reclusion Perpetua shall be imposed - **Section 6**: Of the Act defines an attempt to commit child prostitution when a person, not a relative of a child, is found alone with the child in a hidden or secluded area, believing the child is about to be exploited in prostitution or sexual abuse. The principals of such attempts face a penalty lower by two degrees than the consummated felony. - **Section 7**: States that anyone engaging in child trafficking, including buying and selling a child for money or barter, will face reclusion temporal to Reclusion Perpetua. - **Section 12 Of the Employment of Children**: Outlines minimum requirements for employers to employ children under fifteen, including securing a work permit, ensuring child protection, preventing exploitation or discrimination, and implementing a continuous training and skill acquisition program. - **Section 13**: Non-formal Education for Working Children requires the Department of Education to develop a non-formal education program to improve the intellectual, moral, and vocational skills of working children who haven't completed elementary or secondary education, using effective learning methods tailored to their needs. - **Section 17**: Ensures that children from indigenous cultural communities are entitled to protection, survival, and development in line with their customs and traditions. - **Section 18**: The Department of Education, Culture and Sports plans to create a culture-specific education system for indigenous children, accrediting and supporting non-formal indigenous educational programs conducted by nongovernmental organizations. - **Section 19**: The provision of health and nutrition services to children of indigenous cultural communities will be prioritized by all government agencies, with equal attention and respect for indigenous health practices. - **Section 20**: Prohibits discrimination against children from indigenous cultural communities, imposing arresto, mayor and fines of P5,000 to P10,000. - **Section 21**: Mandates Indigenous cultural communities, through appointed representatives, to be involved in planning, decision-making, implementation, and evaluation of government programs affecting children, while also recognizing and respecting indigenous institutions. - **Section 22**: Children are declared as Zones of Peace, and the State and other sectors must resolve armed conflicts. Policies include protecting them from attack, not recruiting them into the Armed Forces, maintaining basic social services, ensuring service providers safety, and facilitating family reunions.