Declaration of Policy.
ARTICLE 1. Declaration of Policy. — The Child is
one of the most important assets of the nation. Every effort should be
exerted to promote his 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 should be cultivated to the
utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at the home.
Consequently, every member of the family should strive to make the home a
wholesome and harmonious place as its atmosphere and conditions will
greatly influence the child's development.
Attachment to the home
and strong and family ties should be encouraged but not to the extent
of making the home isolated and exclusive and unconcerned with the
interests of the community and the country.
The natural right and
duty of parents in the training of the child for civic efficiency
should receive the aid and support of the government.
Other
institutions, like the school, the church, the guild, and the community
in general, should assist the home and the State in the endeavor to
prepare the child for the responsibilities of adulthood.
ART. 2.
Title and scope of code. — The Code shall be known as the Child and
Youth Welfare Code. It shall apply to persons below twenty-one years of
age except those emancipated in accordance with law. "Child" or "minor"
or "youth", as used in this Code, shall refer to such persons.
Rights of the child.
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.
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.
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 neareast substitute for a home.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Responsibilities of the Child.
ART. 4. Responsibilities of the Child. — Every child,
regardless of the circumstances of his birth, sex, religion, social
status, political antecedents and other factors shall:
Strive to lead an upright and virtuous life in accordance with
the tenets of his religion, the teachings of his elders and mentors, and
the biddings of a clean conscience;
Love, respect and obey his parents, and cooperate with them in
the strengthening of the family;
Extend to his brothers and sisters his love, thoughtfulness, and
helpfulness, and endeavor with them to keep the family harmonious and
united;
Exert his utmost to develop his potentialities for service,
particularly by undergoing a formal education suited to his abilities,
in order that he may become an asset to himself and to society;
Respect not only his elders but also the customs and traditions
of our people, the memory of our heroes, the duly constituted
authorities, the laws of our country, and the principles and
institutions of democracy;
Participate actively in civic affairs and in the promotion of the
general welfare, always bearing in mind that it is the youth who will
eventually be called upon to discharge the responsibility of leadership
in shapping the nation's future; and
Help in the observance of individual human rights, the
strengthening of freedom everywhere, the fostering of cooperation among
nations in the pursuit of their common aspirations for programs and
prosperity, and the furtherance of world peace.
Commencement of Civil Personality.
ART. 5. Commencement of Civil Personality. — The civil
personality of the child shall commence from the time of his
conception, for all purposes favorable to him, subject to the
requirements of Article 41 of the Civil Code.
Abortion.
ART. 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.
Non-disclosure of Birth Records.
ART. 7. Non-disclosure of Birth Records. — The
records of a person's birth shall be kept strictly confidential and no
information relating thereto shall be issued except on the request of
any of the followings:
The person himself, or any person authorized by him;
His spouse, his parent or parents, his direct descendants, or the
guardian or institution legally incharge of him if he is a minor;
The court or proper public official whenever absolutely necessary
in administrative, judicial or other official proceedings to determine
the identity of the child's parents or other circumstances surrounding
his birth; and
In case of the person's death, the nearest of kin. Any person
violating the prohibition shall suffer the penalty of imprisonment of at
least two months or a fine in an amount not exceeding five hundred
pesos, or both, in the discretion of the court.
Child's Welfare Paramount.
ART. 8. Child's Welfare Paramount. — In all questions
regarding the case, custody, education and property of the child, his
welfare shall be the paramount consideration.
Levels of Growth.
ART. 9. Levels of Growth. — The child shall be given
adequate care, assistance and guidance through his various levels of
growth, from infancy to early and later childhood, to puberty raid
adolescence, and when necessary even after he shall have attained age
21.
Phases of Development.
ART. 10. Phases of Development. — The child shall
enjoy special protection and shall be given opportunities and
facilities, by law and by other means, to ensure and enable his fullest
development physically, mentally, emotionally, morally, spiritually and
socially in a healthy and normal manner and in conditions of freedom and
dignity appropriate to the corresponding developmental stage.
. — Promotion of Health.
ART. 11. . — Promotion of Health.—The
promotion of the Child's health shall begin with adequate pre-natal and
postnatal care both for him and his mother. All appropriate measures
shall be taken to insure his normal total development.
It shall be the responsibility of the health, welfare, and
educational entities to assist the parents in looking after the health
of the child.
Education.
ART. 12. Education. — The schools and
other entities engaged in non-formal education shall assist the parents
in providing the best education for the child.
Social and Emotional Growth.
ART. 13. Social and Emotional Growth. — Steps shall
be taken to insure the child's healthy social and emotional growth.
These shall be undertaken by the home in collaboration with the schools
and other agencies engaged in the promotion of child welfare.
Morality.
ART. 14. Morality. — High moral principles should
be instilled in the child, particularly in the home, the school, and the
church to which he belongs.
Spiritual Values.
ART. 15. Spiritual Values. — The promotion of the
child's spiritual well-being according to the precepts of his religion
should, as much as possible, be encouraged by the State.
Civic Conscience.
ART. 16. Civic Conscience. — The civic conscience
of the child shall not be overlooked. He shall be brought up in an
atmosphere of universal understanding, tolerance, friendship, and
helpfulness and in full consciousness of his responsibilities as a
member of society.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
