CHAPTER I. — Regulations of Child and Youth Welfare Services
Classification of Child and Youth Welfare Agencies.
ART. 117. Classification of Child and Youth Welfare
Agencies. — Public and private child welfare agencies providing
encouragement, care, and protection to any category of children and
youth whether mentally gifted, dependent, abandoned, neglected,
handicapped, or disturbed children, or youthful offenders.
An institution, whose primary purpose is education, is
deemed to be a child-caring institution when nine or more of its pupils
or wards in the ordinary course of events do not return annually to the
homes of their parents or guardians for at least two months of summer
vacation.
A detention home is a twenty-four hour child-caring
institution providing short term resident care for youthful offenders
who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction.
A shelter-care institution is 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.
Receiving homes are family-type homes which provide
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. The number of children in a receiving
home shall not at any time exceed nine: Provided, That not more
than two of them shall be under three years of age.
A nursery is a child-caring institution that provides care
for six or more children below six years of age for all a part of a
twenty-four hour day, except those duly licensed to offer primarily
medical and educational services.
A maternity home is an institution or place of residence
whose primary function it to give shelter and care to pregnant women and
their infants before, during and after delivery.
A rehabilitation center is an institution that receives
and rehabilitates youthful offenders or other disturbed children.
A reception and study center is 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 or recommending their permanent treatment or
rehabilitation in other child welfare agencies.
A child-placing agency is 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. The relatives of such children within the sixth degree of
consanguinity or affinity are excluded from this definition.
License Required.
ART. 118. License Required. — No private person,
natural or juridical, shall establish, temporally or permanently, any
child welfare agency without first securing a license from the
Department of Social Welfare.
Such license shall not be
transferable .and shall be used only by the person or institution to
which it was issued at the place stated therein.
No license shall
be granted unless the purpose of function of the agency is clearly
denned and stated in writing. Such definition shall include the
geographical area to be served, the children to be accepted for care,
and the services to be provided.
If the applicant is a juridical
person, it must be registered in accordance with Philippine laws.
Guiding Principles.
ART. 119. Guiding Principles. — The protection and best
interest of the child or children therein shall be the first and basic
consideration in the granting, suspension or revocation of the license
mentioned in the preceding article.
Revocation or Suspension of License.
ART. 120. Revocation or Suspension of License. —
The Department of Social Welfare may, after notice and hearing, suspend
or revoke the license of a child welfare agency on any of the following
grounds:
That the agency is being used for immoral purposes;
That said agency is insolvent or is not a financial position to
support and maintain the children therein or to perform the functions
for which it was granted license;
That the children therein are being neglected or are
undernourished;
That the place is so unsanitary so as to make it unfit for
children;
That said agency is located in a place or community where
children should not be, or is physically dangerous to children or would
unduly expose children to crime, vice, immorality, corruption or severe
cruelty; or
That said agency has by any act or omission shown its
incompetence or unworthiness to continue acting as a child welfare
agency. During the period of suspension, the agency concerned shall not
accept or admit any additional children. In any case, the Department of
Social Welfare shall make such order as to the custody of the children
under the care of such agency as the circumstances may warrant. The
suspension may last for as long as the agency has not complied with any
order of the Department of Social Welfare to remove or remedy the
conditions which have rise to the suspension. The aggrieved agency may
appeal the suspension and/or revocation in a proper court action. In
such a case, the court shall within fifteen days from the filing of the
Department of Social Welfare's answer, conduct a hearing and decide the
case, either by lifting the suspension, or continuing it for such period
of time as it may order, or by revoking the license of the agency where
the Department of Social Welfare has proven the revocation to be
justified.
ART. 121. Responsible Government Body. The governing
body of a child welfare agency or institution shall be composed of civic
leaders or of persons of good standing in the community. The
administrator must be a competent person qualified by education or
experience or both to serve as such.
Child-Caring Institution Serving as Child-Placement Agency.
ART. 122. Child-Caring Institution Serving as
Child-Placement Agency. — An association or corporation may be both a
child-caring institution and a child-placement agency and it may be
licensed to carry out both types of service.
When a license also serves as a child-placement agency it shall
maintain a staff equipped by training to make thorough studies of every
prospective family home. Staff arrangements must also made for
continuing supervision of the children staying in family homes so long
as the children remain in the legal custody of the agency.
ART.
123. Responsible Staff of Employees. — The licensee shall
choose its employees who shall be persons of good health and character,
and whenever possible, the higher rank of employees shall in addition
have training, preferably in child psychology.
Intake Study and Periodic Investigations.
ART. 124. Intake Study and Periodic Investigations. — The
licensee shall undertake investigations to determine if the acceptance
or continued stay of a child in its institution is necessary. Each
licensee shall make provisions for continuing services, including social
casework for every child under its care.
Records.
ART. 125. Records. — The licensee shall keep
confidential records of every child in its study. These records shall be
made available only to such persons as may be authorized by the
Department of Social Welfare or by the proper court.
Home Atmosphere.
ART. 126. Home Atmosphere. — Child welfare agencies
shall endeavor to provide the children with a pleasant atmosphere that
shall approximate as nearly as possible the conditions of an ideal home.
Vocational rehabilitation shall also be provided in accordance with
existing law and the particular needs of the children.
Adequate Diet.
ART. 127. Adequate Diet. — The licensee shall
provide a varied and balanced diet to satisfy the child's total
nutritional requirements.
Clothing.
ART. 128. Clothing. — The licensee shall furnish
clean, comfortable, and appropriate clothing for every child under its
care.
Physical Surroundings and Outings.
ART. 129. Physical Surroundings and Outings. — The
licensee shall maintain a building adequate both an ventilation and
sanitation, and with a safe, clean and spacious playground.
Regular inexpensive periodic outing shall be and important part
of its activities in order to make the children aware of their vital
role in their community and country.
Medical and Nursing Care.
ART. 130. Medical
and Nursing Care. — The licensee shall provide adequate medical and
nursing care for sick children who may be confined due to illness.
Religious Training.
ART. 131. Religious Training. — The licensee shall
provide opportunities for religious training to children under its
custody taking into consideration of the religious affiliation or
express wishes of the child or his parents. For such purpose, it shall
have a defined policy regarding its religious activities for the
information of those wishing to place children in its care.
Annual Report.
ART. 132. Annual Report. — Every child welfare
agency or institution shall submit to the Department of Social Welfare
an annual report setting forth a brief summary of its operations during
the preceding year, including the funds received during said period, the
sources thereof, the purposes for which they were spent and the cast
position of the agency or institution as to the date of the report,
number of children admitted, and such other information as may be
required by the Department of Social Welfare.
CHAPTER 2. — Collaboration Between the Home and the State
Healthy Growth of Children.
ART. 133. Healthy Growth of Children. — Pursuant to
its obligation to assist the parents in the proper upbringing of the
child, the State shall, whenever possible in collaboration and
cooperation with local government establish:
Puericulture and similar centers;
Juvenile courts;
Child welfare agencies;
Orphanages and other similar institutions; and
Children's recreation centers.
Puericulture or Health Centers.
ART. 134. Puericulture or Health Centers. —
Puericulture or health centers shall be established in every barangay to
perform, among other things, the following functions:
Disseminate information concerning the health of children and
expectant or nursing mothers;
Provide consultation service and treatment, whenever necessary,
for the children and the expectant or nursing mothers;
Provide guidance and special treatment to children with physical
handicaps; and
Advise child welfare institutions on matters relating to
nutritions and hygiene.
Juvenile and Domestic Relations Courts.
ART. 135. Juvenile and Domestic Relations Courts. —
Juvenile and Domestic Relations Courts shall, as far as practicable, be
established in every province or city to hear and decide cases involving
juvenile and domestic problems.
Regional Child Welfare Agencies.
ART. 136. Regional Child Welfare Agencies. — The
State shall, whenever practicable, establish regional child welfare
agencies, orphanages and other similar institutions to provide care for
the children mentioned in Title VIII of this Code.
Children's Reading and Recreation Centers.
ART. 137. Children's Reading and Recreation Centers.
— The State shall establish in every barangay reading centers and
recreation centers where children may meet and play together for their
healthy growth and their social and cultural development.
Parent Education Program.
ART. 138. Parent Education Program. — The
Department of Social Welfare shall from time to time hold a Parent
Education Congress, which shall aim to enable parents to understand
child growth and development, parent-child relationship, family life,
and family-community relationship, and to improve their ability to
discharge their duties.
Curfew Hours for Children.
ART. 139. Curfew Hours for Children. — City or
municipal councils may prescribe such curfew hours for children as may
be warranted by local conditions. The duty to enforce curfew ordinances
shall divolve upon the parents or guardians and the local authorities.
Any parent or guardian found grossly negligent in the
performance of the duty imposed by this article shall be admonished by
the Department of Social Welfare or the Council for the Protection of
Children.
State Aid in Case of Public Calamity.
ART. 140. State Aid in Case of Public
Calamity. — In case of earthquake, flood, storm, conflagration,
epidemic, or other calamity, the State shall give special assistance to
children whenever necessary. The Department of Social Welfare shall
take immediate custody of dependent children and give temporary shelter
to orphaned or displaced children (who are separated from their parents
or guardian).
CHAPTER 1. — Dependent, Abandoned
Definition of Terms.
ARTICLE 141. Definition of Terms. — As used in this
Chapter:
A dependent child is 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.
An abandoned child is one who has no proper parental care or
guardianship, or whose parents or guardians have deserted him for a
period of at least six continuous months.
A neglected child is one whose basic needs have been deliberately
unattended or inadequately attended. Neglect may be occur in two ways:
There is physical neglect when the child is malnourished, ill
clad and without proper shelter.
A child is unattended when left by himself without provisions for
his needs and/or without proper supervision.
Emotional neglect exists: when children are maltreated, raped
or seduced; when children are exploited, overworked or made to work
under conditions not conducive to good health; or are made to beg in the
streets or public places, or when children are in moral danger, or
exposed to gambling, prostitution and other vices.
Commitment or surrender of a child is the legal act of entrusting
a child to the care of the Department of Social Welfare or any duly
licensed child placement agency or individual.
Commitment may be done in the following manner:
Involuntary commitment, in case of a dependent child, or through
the termination of parental or guardianship rights by reason of
abandonment, substantial and continuous or repeated neglect and/or
parental incompetence to discharge parental responsibilities, and in the
manner, form and procedure hereinafter prescribed.
Voluntary commitment, through the relinquishment of parental or
guardianship rights in the manner and form hereinafter prescribed.
Petition for Involuntary Commitment of a Child: Venue.
ART. 142. Petition for Involuntary Commitment of a Child:
Venue. — The Department of Social Welfare Secretary or his
authorized representative or any duly licensed child placement agency
having knowledge of a child who appears to be dependent, abandoned or
neglected, may file a verified petition for involuntary commitment of
said child to the care of any duly licensed child placement agency or
individual.
The petition shall be filed with the Juvenile and
Domestic Relations Court, if any, or with the Court of First Instance of
the province or City Court in which the parents or guardian resides or
the child is found.
Contents of Petition: Verification.
ART. 143. Contents of Petition:
Verification. — The petition for commitment must state so far as
known to the
The facts showing that the child is dependent, abandoned, or
neglected; petitioner:
The names of the parents or parents, if known, and their
residence. If the child has no parent or parents living, then the name
and residence of the guardian, if any; and
The name of the duly licensed child placement agency or
individual to whose care the commitment of the child is sought.
The petition shall be verified and shall be sufficient if based upon
the information and belief of the petitioner.
ART. 144.
Court to Set Time for Hearing: Summons. — When a petition or
commitment is filed, the court shall fix a date for the hearing thereof.
If it appears from the petition that one or both parents of the child,
or the guardian, resides in province or city, the clerk of court shall
immediately issue summons, together with a copy of the petition, which
shall be served on such parent or guardian not less than two days before
the time fixed for the hearing. Such summons shall require them to
appear before the court on the date mentioned.
When Summons shall Not be Issued.
ART. 145. When Summons shall Not be Issued. — The
summons provided for in the next preceding article shall not be issued
and the court shall thereupon proceed with the hearing of the case if it
appears from the petition that both parents of the child are dead or
that neither parent can be found in the provinces or city and that the
child has no guardian residing therein.
Representation of Child.
ART. 146. Representation of Child. — If it appears
that neither of the parents nor the guardian of the child can be found
in the province or city, it shall be the duty of the court to appoint
some suitable person to represent him.
Duty of Fiscal.
ART. 147. Duty of Fiscal. — The provincial or city
fiscal shall appear for the State, seeing to it that there has been due
notice to all parties concerned and that there is justification for the
declaration of dependency, abandonment or neglect.
The legal services section of the Department of Social Welfare,
any recognized legal association, or any appointed de officio
counsel shall prepare the petition for the Secretary of the Department
of Social Welfare, his representative or the head of the duly licensed
child placement agency, or the duly licensed individual and represent
him in court in all proceedings arising under the provisions of this
Chapter.
Hearing.
ART. 148. Hearing. — During the hearing of
the petition, the child shall be brought before the court, which shall
investigate the facts and ascertain whether he is dependent, abandoned,
or neglected, and, if so, the cause and circumstances of such condition.
In such hearing, the court shall not be bound by the technical rules of
evidence.
Failure to provide for the child's support for a
period -of six months shall be presumptive evidence of the intent to
abandon.
Commitment of Child.
ART. 149. Commitment of Child. — It, after
the hearing, the child is found to be dependent, abandoned, or
neglected, an order shall be entered committing him to the care and
custody of the Department of Social Welfare or any duly licensed child
placement agency or individual.
When Child May Stay In His Own Home.
ART. 150. When Child May Stay In His Own Home. — If
in the court's opinion the cases of the abandonment or neglect of any
child may be remedied, it may permit the child to stay in his own home
and under the care and control of his own parents or guardian, subject
to the supervision and direction of the Department of Social Welfare.
When it appears to the court that it is no longer for the best
interests of such child to remain with his parents or guardian, it may
commit the child in accordance with the next preceding article.
ART.
151. Termination of Rights of Parents. — When a child shall
have been committed to the Department of Social Welfare or any duly
license child placement agency or individual pursuant to an order of the
court, his parents or guardian shall thereafter exercise no
authority-over him except upon such conditions as the court may impose.
Authority of Person, Agency or Institution.
ART. 152. Authority of Person, Agency or Institution.
— The Department of Social Welfare or any duly licensed child placement
agency or individual receiving a child pursuant to an order of the
court shall be the legal guardian and entitled to his legal custody and
control, be responsible for his support as defined by law, and when
proper, shall have authority to give consent to his placement,
guardianship and/or adoption.
Change of Custody.
ART. 153. Change of Custody. — The Department of Social
Welfare shall have the authority to change the custody, of a child
committed to and duly licensed child placement agency or individual if
it appears that such change is for the best interests of the child.
However, when conflicting interests arise among child placement agencies
the court shall order the change of commitment of the child.
Voluntary Commitment of a Child to an Institution.
ART. 154. Voluntary Commitment of a Child to an
Institution. — The parent or guardian of a dependent, abandoned or
neglected child may voluntarily commit him to the Department of Social
Welfare or any duly licensed child placement agency or individual
subject to the provisions of the next succeeding articles.
Commitment Must Be in Writing.
ART. 155. Commitment Must Be in Writing. — No child
shall be committed pursuant to the preceding article unless he is
surrendered in writing by his parents or guardian to the care and
custody of the Department of Social Welfare or duly licensed child
placement agency. In case of the death or legal incapacity of either
parent or abandonment of the child for a period of at least one year,
the other parent alone shall have the authority to make the commitment.
The Department of Social Welfare, or any proper and duly licensed child
placement agency or individual shall have the authority to receive,
train, educate, care for or arrange appropriate placement of such,
child.
Legal Custody.
ART. 156. Legal Custody. — When any child shall
have been committed in accordance with the preceding article and such
child shall have been accepted by the Department of Social Welfare or
any duly licensed child placement agency or individual, the rights of
his natural parents, guardian, or other custodian to exercise parental
authority over him shall cease. Such agency or individual shall be
entitled to the custody and control of such child during his minority,
and shall have authority to care for, educate, train and place him out
temporarily or for custody and care in a duly licensed child placement
agency. Such agency or individual may intervene in adoption proceedings
in such manner as shall best inure to the child's welfare.
Visitation or Inspection.
ART. 157. Visitation or Inspection. — Any duly
licensed child placement agency or individual receiving a judicial order
or voluntary commitment by his parents or guardian shall be subject to
visitation or inspection by a representative of the court or of the
Department of Social Welfare or both, as the case may be.
Report of Person or Institution.
ART. 158. Report of Person or Institution. — Any
duly licensed child placement agency or individual receiving a child for
commitment may at any time be required by the Department of Social
Welfare to submit a report, copy furnished the court, containing all
necessary information for determining whether the welfare of the child
is being served.
Temporary Custody of Child.
ART. 159. Temporary Custody of Child. — Subject to
regulation by the Department of Social Welfare and with the permission
of the court in case of judicial commitment, the competent authorities
of any duly licensed child placement agency or individual to which a
child has been committed may place him in the care of any suitable
person, at the latter’s request, for a period not exceeding one month at
a time.
The temporary custody of the child shall be discontinued if it
appears that he is not being given proper care, or at his own request,
or at the instance of the agency or person receiving him.
ART.
160. Prohibited Acts. — It shall be unlawful for any child
to leave the person or institution to which he has been judicially or
voluntarily committed or the person under whose custody he has been
placed in accordance with the next preceding article, or for any person
in case of grave physical or moral danger, actual or imminent, to the
child.
Any violation of this article shall be punishable by an
imprisonment of not more than one year or by a fine of not more than two
thousand pesos, or both such fine and imprisonment at the discretion of
the court: Provided, That if the violation is committed by a
foreigner, he shall also be subject to deportation.
If the
violation is committed by a parent or legal guardian of the child, such
fact shall aggravate or mitigate the offense as circumstances shall
warrant.
Duty to Report Abandonment.
ART. 161. Duty to Report Abandonment. —
When the parents or persons entitled to act as guardian of a child are
dead, or, if living, have abandoned him, for no valid reason; for at
least six months in a duly licensed child placement agency or hospital,
or left him with any other person for the same period without providing
for his care and support, such fact shall be reported immediately to the
Department of Social Welfare. In case of a child left in a hospital
immediate transfer of the child to the Department of Social Welfare or
any duly licensed child placement agency must be arranged. The
Department of Social Welfare shall make provisions for the adequate care
and support of the child and shall take such action as it may deem
proper for his best interests.
Adoption of Dependent or Abandoned or Neglected Child.
ART. 162. Adoption of Dependent or Abandoned or
Neglected Child. — Upon the filing of an application by any person
to adopt a dependent, abandoned or neglected child in the custody of any
institution or individual mentioned in Article 156, it shall be the
duty of the provincial or city fiscal, any recognized legal association,
or any appointed de officio counsel upon being informed of such
fact, to represent the Department of Social Welfare in the proceedings.
The costs of such proceedings shall be de officio.
Restoration of Child After Involuntary Commitment.
ART. 163. Restoration of Child After Involuntary
Commitment. — The parents or guardian of a child committed to the
care of a person, agency or institution by judicial order may petition
the proper court for the restoration of his rights over the child: Provided,
That the child in the meantime, has not been priorily given away in
adoption nor has left the country with the adopting parents or the
guardian. The petition shall be verified and shall state that the
petitioner is now able to take proper care and. custody of said child.
Upon receiving the petition, the court shall fix the time for
hearing the questions raised thereby and cause reasonable notice thereof
to be sent to the petitioner and to the person, agency or institution
to which the child has been committed. At the trial, any person may be
allowed, at the discretion of the court, to contest the right to the
relief demanded, and witnesses may be called and examined by the parties
or by the court motu propio. If it is found that the cause for
the commitment of the child no longer exists and that the petitioner is
already able to take proper care and custody of the child, the court,
after taking into consideration the best interests and the welfare of
the child, shall render judgment restoring parental authority to the
petitioner.
Restoration After Voluntary Commitment.
ART. 164. Restoration After Voluntary
Commitment. — Upon petition filed with the Department of Social
Welfare the parent or parents or guardian who voluntarily committed a
child may recover legal custody and parental authority over him from the
agency, individual or institution to which such child was voluntarily
committed when it is shown to the satisfaction of the Department of
Social Welfare that the parent, parents or guardian is in a position to
adequately provide for the needs of the child: Provided, That,
the petition for restoration is filed within six months after the
surrender.
In all cases, the person, agency or institution having
legal custody of the child shall be furnished with a copy of the
petition and shall be given the opportunity to be heard.
ART.
165. Removal of Custody. — A petition to transfer custody of a
child may be filed against a person or child welfare agency to whose
custody a child has been committed by the court based on neglect of such
child as defined in Article 141(3). If the court, after notice and
hearing, is satisfied that the allegations of the petition are true and
that it is for the best interest and welfare of the child the court
shall issue an order taking him from the custody of the person or
agency, as the case may be, and committing him to the custody of another
duly licensed child placement agency or individual.
The license
of the agency or individual found guilty of such neglect may be
suspended or revoked, as the court may deem proper, in the same
proceeding.
Report of Maltreated or Abused Child.
ART. 166. Report of Maltreated or Abused
Child. — All hospitals, clinics and other institutions as well as
private physicians providing treatment shall, within forty-eight hours
from knowledge of the case, report in writing to the city or provincial
fiscal or to the Local Council for the Protection of Children or to the
nearest unit of the Department of Social Welfare, any case of a
maltreated or abused child, or exploitation of an employed child
contrary to the provisions of labor laws. It shall be the duty of the
Council for the Protection of Children or the unit for the Department of
Social Welfare to whom such a report is made to forward the same to the
provincial or city fiscal.
Violation of this provision shall
subject the hospital, clinic, institution, or physician who fails to
make such report to a fine of not more than two thousand pesos.
In cases of sexual abuse, the records pertaining to the case shall be
kept strictly confidential and no information relating thereto shall be
disclosed except in connection with any court or official proceedings
based on such report. Any person disclosing confidential information in
violation of this provision shall be punished by a fine of not more than
one year or both such fine and imprisonment, at the discretion of the
court.
Freedom from Liability of Reporting Person or Institution.
ART. 167. Freedom from Liability of Reporting
Person or Institution. — Persons, organizations, physicians, nurses,
hospitals, clinics and other entities which shall in good faith report
cases of child abuse, neglect, maltreatment or abandonment or exposure
to moral danger be free from any civil or criminal liability arising
therefrom.
CHAPTER 2. — Mentally Retarded, Physically
Mentally Retarded Children.
ART. 168. Mentally Retarded Children. — Mentally
retarded children are (1) socially incompetent, that is, socially
inadequate and occupationally incompetent and unable to manage their own
affairs; (2) mentally subnormal; (3) retarded intellectually from birth
or early age; (4) retarded at maturity; (5) mentally deficient as a
result of constitutional origin, through hereditary or disease, and (6)
essentially incurable.
Classification of Mental Retardation.
ART. 169. Classification of Mental Retardation. —
Mental Retardation is divided into four classifications:
Custodial Group. — The members of this classification
are severely or profoundly retarded, hence, the least capable group.
This includes those with I.Qs to 25.
Trainable Group. The members of this group consist of
those with I. Qs from about 25 to about 50; one who belongs to this
group shows a mental level and rate of development which is 1/4 to 1/2
that of the average child, is unable to acquire higher academic skills,
but can usually acquire the basic skills for living to a reasonable
degree. He can likewise attain a primary grade level of education if he
receives effective instruction.
Educable Group. — This group's I. Q. ranges from about
50 to about 75, and the intellectual development is approximately 1/2 to
3/4 of that expected of a normal child of the same chronological age.
The degree of success or accomplishment that they will reach in life
depends very much on the quality and type of education they receive, as
well as on the treatment at home and in the community. Many of the
educable retardates may reach 5th or 6th grade educational level and can
develop occupational skills which may result in partial or complete
economic independence in adulthood.
Borderline or Low Normal Group. — This is the highest
group of mentally retarded, with I.Qs from about 75 to about 89. The
members of this classification are only slightly retarded and they can
usually get by in regular classes if they receive some extra help,
guidance and consideration. They have to spend much more time with their
studies than do most children in order to pass. Those who cannot make
it are usually handicapped by one or more other conditions aside from
that of intelligence.
Physically Handicapped Children.
ART. 170. Physically Handicapped Children. —
Physically handicapped children are those who are crippled, deaf, mute,
blind, or otherwise defective which restricts their means of action on
communication with others.
Emotionally Disturbed Children.
ART. 171. Emotionally Disturbed Children. —
Emotionally disturbed children are 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.
Mentally III Children.
ART. 172. Mentally III Children. — Mentally ill
children are these with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require
professional help or hospitalization.
Admission of Disabled Children.
ART. 173. Admission of Disabled Children. —
The Department of Social Welfare, upon the application of the parents or
guardians and the recommendation of any reputable diagnostic center or
clinic, shall refer and/or admit disabled children to any public or
private institution providing the proper care, training and
rehabilitation.
"Disabled children" as used in this Chapter shall include
mentally retarded, physically handicapped, emotionally disturbed, and
severe mentally ill children.
Training and Opportunities for Disabled, Children.
ART. 174. Training and
Opportunities for Disabled, Children. — Specialized educational
services shall be expanded and improved to provide appropriate
opportunities for disabled children. Vocational rehabilitation and
manpower conservation agencies shall train disabled children for
specialized types of jobs, services and business which could be learned
only by them and shall help provide opportunities for their future
occupational placement: That agencies and organizations engaged in
programs and services for the disabled need not be limited to minors.
Persons of legal age may be admitted whenever facilities are available
for them.
Planning of Programs and Services.
ART. 175. Planning of Programs and Services. —
Selected pilot demonstration projects needed by the disabled children
shall be developed and shall be the basis for planning expanded programs
and services throughout the nation. There shall be established area
centers designed to bring together an aggregate of services to serve all
ages of the disabled within a specified geographical area.
Donations.
ART. 176. Donations. — Donations to agencies and
organizations engaged in programs and services for disabled children
shall be deductible in accordance with the provision of Presidential
Decree No. 507.
Petition for Commitment.
ART. 177. Petition for Commitment. — Where a child
appears to be mentally retarded, physically handicapped, emotionally
disturbed, or mentally ill, and needs institutional care but his parents
or guardians are opposed thereto, the Department of Social Welfare, or
any duly licensed child placement agency or individual shall have the
authority to file a petition for commitment of the said child to any
reputable institution providing care, training and rehabilitation for
disabled children.
The parents or guardian of the child may file a similar petition
in case no immediate placement can be arranged for the disabled child
when the welfare and interest of the child is at stake.
ART.
178. Venue. — The petition for commitment of a disabled child
shall be filed with the Juvenile and Domestic Relations Court, if any,
or with the Court of First Instance of the province or City Court where
the parent or guardian resides or where the child is found.
Contents of Petition.
ART. 179. Contents of Petition. — The petition for
commitment must state so far as known to the petitioner:
The facts showing that the child appears to be mentally retarded,
physically handicapped, emotionally disturbed or mentally ill and needs
institutional care;
The Fact that the parents or guardian or any duly licensed
disabled child placement agency, as the case may be, has opposed the
commitment of such child;
The name of the parents and their residence, if known or if the
child has no parents or parent living, the names and residence of the
guardian, if any; and
The name of the institution where the child is to be committed.
The petition shall be verified and shall be sufficient if based upon
the information and belief of the petitioner.
ART. 180.
Order of Hearing. — If the petition filed is sufficient in form
substance, the court, by an order reciting the purpose of the petition,
shall fix the date for the hearing thereof, and a copy of such order
shall be served on the child alleged to be mentally retarded, or
physically handicapped, or emotionally disturbed, or mentally ill, and
on the person having charge of him or any of his relatives residing in
the province or city as the judge may deem proper. The court shall
furthermore order the sheriff to produce, if possible, the alleged
disabled child on the date of the hearing.
Hearing and Judgment.
ART. 181. Hearing and Judgment. — Upon satisfactory
proof that the institutional care of the child is for him or the public
welfare and that his parents, or guardian or relatives are unable for
any reason to take proper care of him, the Court shall order his
commitment to the proper institution for disabled children.
Disposition of Property or Money.
ART. 182. Disposition of Property or Money. — The
Court, in its order of commitment, shall make proper provisions for the
custody of property or money belonging to the committed child.
Findings and Other Data.
ART. 183. Findings and Other Data. — The Court
shall furnish the institution to which the child has been committed with
a copy of its judgment, together with all the social and other data
pertinent to the case.
Expenses.
ART. 184. Expenses. — The expense of maintaining a
disabled child in the institution to which he has been committed shall
be borne primarily by the parents or guardian and secondarily, by such
disabled child, if he has property of his own.
In all cases where the expenses for the maintenance of the
disabled child cannot be paid in accordance with the next preceding
paragraph, the same, or such part thereof as may remain unpaid, shall be
borne by the Department of Social Welfare.
ART. 185.
Children With Cerebral Palsy. — Children afflicted with cerebral
palsy shall be committed to the institution which under the
circumstances of the particular child concerned is best equipped to
treat and care for him.
Discharge of Child Judicially Committed.
ART. 186. Discharge of Child Judicially Committed. —
The Court shall order the discharge of any child judicially committed
to an institution for disabled children if it is certified by the
Department of Social Welfare that:
He has been certified by the duly licensed disabled child
placement agency to be no longer a hazard to himself or to the
community;
He has been sufficiently rehabilitated from his physical handicap
or, if of work age, is already fit to engage in a gainful occupation;
or
He has been relieved of his emotional problems and complexes and
is ready to assume normal social relations.
Discharge of Child Voluntarily Committed.
ART. 187. Discharge of Child Voluntarily Committed. —
Any child voluntarily committed to an institution for disabled children
may be discharged by the Department of Social Welfare motu proprio or
upon the request of his parents or guardian on any of the grounds
specified in the preceding article. In the latter case, the Department
of Social Welfare may refuse to discharged the child if, in its opinion,
his release would be prejudicial to him or to the community.
Assistance of Fiscal.
ART. 188. Assistance of Fiscal. — The provincial or
city fiscal shall represent the Department of Social Welfare or any
recognized legal association in all judicial matters arising under the
provisions of this Chapter.
CHAPTER 3. — Youthful offenders
Youthful Offender Defined.
ART. 189. Youthful Offender Defined. — A youthful
offender is one who is over nine years but under twenty-one years of age
at the time of the commission of the offense.
A child nine years of age or under at the time of the offense shall
be exempt from criminal liability and shall be committed to the care of
his or her father or mother, or nearest relative or family friend in the
discretion of the court and subject to its supervision. The same shall
be done for a child over nine years and under fifteen years of age at
the time of the commission of the offense, unless he acted with
discernment, in which case he shall be proceeded against in accordance
with Article 192.
The provisions of Article 80 of the Revised
Penal Code shall be deemed modified by the provisions of this Chapter.
Physical and Mental Examination.
ART. 190. Physical and Mental Examination. — It shall be
the duty of the law-enforcement agency concerned to take the youthful1
offender, immediately after his apprehension, to the proper medical or
health officer for a thorough physical and mental examination. Whenever
treatment for any physical or mental defect is indicated, steps shall be
immediately undertaken to provide the same.
The examination and
treatment papers shall from part of the record of the case of the
youthful offender.
Care of Youthful Offender Held for Examination or Trial.
ART. 191. Care of Youthful Offender
Held for Examination or Trial. — A youthful offender held for
physical and mental examination or trial or pending appeal, if unable to
furnish bail, shall from the time of his arrest be committed to the
care of the Department of Social Welfare or the local rehabilitation
center or a detention home in the province or city which shall be
responsible for his appearance in court whenever required: Provided,
That in the absence of any such center or agency within a reasonable
distance from the venue of the trial the provincial, city and municipal
jail shall provide quarters for youthful offenders separate from other
detainees. The court may, in its discretion, upon recommendation of the
Department of Social Welfare or other agency or agencies authorized by
the Court, release a youthful offender on recognizance, to the custody
of his parents or other suitable person who shall be responsible for his
appearance whenever required.
Suspension of Sentence and Commitment of Youthful Offender.
ART. 192. Suspension of Sentence and Commitment of
Youthful Offender. — If after hearing the evidence in the proper
proceedings, the court should find that the youthful offender has
committed the acts charged against him the court shall determine the
imposable penalty, including any civil liability chargeable against him.
However, instead of pronouncing judgment of conviction, the court shall
suspend all further proceedings and shall commit such minor to the
custody or care of the Department of Social Welfare, or to any training
institution operated by the government, or duly licensed agencies or any
other responsible person, until he shall have reached twenty-one years
of age or, for a shorter period as the court may deem proper, after
considering the reports and recommendations of the Department of Social
Welfare or the agency or responsible individual under whose care he has
been committed.
The youthful offender shall be subject to visitation and
supervision by a representative of the Department of Social Welfare or
any duly licensed agency or such other officer as the Court may
designate subject to such conditions as it may prescribed.
ART.
193. Appeal. — The youthful offender whose sentence is
suspended can appeal from the order of the court in the same manner as
appeals in criminal cases.
Care and Maintenance of Youthful Offender.
ART. 194. Care and Maintenance of Youthful Offender.
— The expenses for the care and maintenance of the youthful offender
whose sentence has been suspended shall be borne by his parents or those
persons liable to support him: Provided, That in case his
parents or those persons liable to support him can not pay all or part
of said expenses, the municipality in which the offense was committed
shall pay one-third of said expenses or part thereof; the province to
which the municipality belongs shall pay one-third; and the remaining
one-third shall be borne by the National Government. Chartered cities
shall pay two-thirds of said expenses; and in case a chartered city
cannot pay said expenses, part of the internal revenue allotments
applicable to the unpaid portion shall be withheld and applied to the
settlement of said indebtedness.
All city and provincial governments must exert efforts for the
immediate establishment of local detention homes for youthful offenders.
Report on Conduct of Child.
ART. 195. Report on Conduct of Child. — The Department of
Social Welfare or its representative or duly licensed agency or
individual under whose care the youthful offender has been committed
shall submit to the court every four months or oftener as may be
required in special cases, a written report on the conduct of said
youthful offender as well as the intellectual, physical, moral, social
and emotional progress made by him.
Dismissal of the Case.
ART. 196. Dismissal of the Case. — If it is shown
to the satisfaction of the court that the youthful offender whose
sentence has been suspended, has behaved properly and has shown his
capability to be a useful member of the community, even before reaching
the age of majority, upon recommendation of the Department of Social
Welfare, it shall dismiss the case and order his final discharge.
Return of the Youth Offender to Court.
ART. 197. Return of the Youth Offender to Court. —
Whenever the youthful offender has been found incorrigible or has
willfully failed to comply with the conditions of his rehabilitation
programs, or should his continued stay in the training institution be
inadvisable, he shall be returned to the committing court for the
pronouncement of judgment.
When the youthful offender has reached the age of twenty-one
while in commitment, the court shall determine whether to dismiss the
case in accordance with the next preceding article or to pronounce the
judgment of conviction.
In any case covered by this article, the
youthful offender shall be credited in the service of his sentence with
the full time spent in actual commitment and detention effected under
the provisions of this Chapter.
Effect of Release of Child Based on Good Conduct.
ART. 198. Effect of
Release of Child Based on Good Conduct. — The final release of a
child pursuant to the provisions of this Chapter shall not obliterate
his civil liability for damages. Such release shall be without prejudice
to the right for a writ of execution for the recovery of civil damages.
Living Quarters for Youthful offenders Sentence.
ART. 199. Living Quarters for Youthful offenders
Sentence. — When a judgment of conviction is pronounced in
accordance with the provisions of Article 197, and at the time of said
pronouncement the youthful offender is still under twenty-one, he shall
be committed to the proper penal institution to serve the remaining
period of his sentence: Provided, That penal institutions shall
provide youthful offenders with separate quarters and, as far as
practicable, group them according to appropriate age levels or other
criteria as will insure their speedy rehabilitation: Provided,
further, That the Bureau of Prisons shall maintain agricultural and
forestry camps youthful offenders may serve their sentence in lieu of
confinement in regular penitentiaries.
Records of Proceedings.
ART. 200. Records of Proceedings. — Where a
youthful offender has been charged before any city or provincial fiscal
or before any municipal judge and the charge have been ordered dropped,
all the records of the case shall be destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits
him, or dismisses the case or commits him to an institution and
subsequently releases him pursuant to this Chapter, all the records of
his cases shall be destroyed immediately after such acquittal, dismissal
or release, unless civil liability has also been imposed in the
criminal action, in which case such records shall be destroyed after
satisfaction of such civil liability. The youthful offender concerned
shall not be held under any provision of law, to be guilty of perjury or
of concealment or misrepresentation by reason of his failure to
acknowledge the case or recite any fact related thereto in response to
any inquiry made of him for any purpose.
"Records" within the
meaning of this article shall include those which may be in the files of
the National Bureau of Investigation and with any police department, or
any other government agency which may have been involved in the case.
Civil Liability of Youthful Offenders.
ART. 201. Civil Liability of Youthful Offenders. — The
civil liability for acts committed by a youthful offender shall devolve
upon the offender's father and, in case of his death or incapacity,
upon the mother, or in case of her death or incapacity, upon the
guardian. Civil liability may also be voluntarily assumed by a relative
or family friend of the youthful offender.
Rehabilitation Centers.
ART. 202. Rehabilitation
Centers. — The Department of Social Welfare shall establish
regional rehabilitation centers for youthful offenders. The local
government and other non-governmental entities shall collaborate and
contribute their support for the establishment and maintenance of these
facilities.
Detention Homes.
ART. 203. Detention Homes. — The Department of
Local Government and Community Development shall establish detention
homes in cities and provinces distinct and separate from jails pending
the disposition of cases of juvenile offenders.
ART. 204. Liability of Parents or Guardian or Any
Person in the Commission of Delinquent Acts by Their Children or Wards.
— A person whether the parent or guardian of the child or not, who,
knowingly or willfully,
Aids, causes, abets or connives with the commission by a child of
a delinquency, or
Does any act producing, promoting, or contributing to a child's
being or becoming a juvenile delinquent, shall be punished by a fine not
exceeding five hundred pesos or to imprisonment for a period not
exceeding two years, or both such fine and imprisonment, at the
discretion of the court.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
