Universal Convention on

the Rights of the Child

 CHILD

• Every human being below the age of eighteen years unless under the law
applicable to the child, majority is attained earlier.
• refers to persons below 18 years of age or those over but unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or
condition.
 Vulnerable Sectors

• WOMEN

•CHILDREN
• SENIOR CITIZENS
• PERSONS WITH DISABILITY
• INDIGENOUS PEOPLE
• INTERNALLY DISPLACED PERSONS
 4 CATEGORIES OF CHILDREN’S RIGHTS

1. SURVIVAL RIGHTS- the right to life and to have the most basic needs met
2. DEVELOPMENT RIGHTS- the rights enabling children to reach their
fullest potential
3. PARTICIPATION RIGHTS- rights that allow children to take an active role
in their communities
4. PROTECTION RIGHTS- rights that are essential in safeguarding children
from all forms of abuse, neglect or exploitation
 The Child and Youth Welfare Code

•PD 603
•12 rights of a child
 Article 3, PD 603
(1) Every child is endowed with the dignity and worth of a human being from the
moment of his conception, as generally accepted in medical parlance, and has,
therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with love,
care and understanding, guidance and counseling, and moral and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a
home.
(3) Every child has the right to a well-rounded development of his personality to the
end that he may become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his special
talents.
The emotionally disturbed or socially maladjusted child shall be treated with
sympathy and understanding, and shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education
and care required by his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient
shelter, proper medical attention, and all the basic physical requirements of a
healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and
rectitude for the enrichment and the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities
and to the development of his skills for the improvement of his capacity for
service to himself and to his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome
recreation and activities, individual as well as social, for the wholesome use of
his leisure hours.
(8) Every child has the right to protection against exploitation, improper
influences, hazards, and other conditions or circumstances prejudicial to his
physical, mental, emotional, social and moral development.
(9) Every child has the right to live in a community and a society that can offer
him an environment free from pernicious influences and conducive to the
promotion of his health and the cultivation of his desirable traits and attributes.
(10) Every child has the right to the care, assistance, and protection of the State,
particularly when his parents or guardians fail or are unable to provide him with
his fundamental needs for growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will
deepen his faith in democracy and inspire him with the morality of the
constituted authorities both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of
peace, understanding, tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of a better world.
 1987 Constitution
• Article II
Section 10
Section 11
Section 12
Section 13
Section 17
• Article XIII
Section 11
 1987 Constitution
• Article XIV
Section 1
Section 2
Section 3
Section 5
• Article XV
Section 3 (Para. 1-2)
 Family Code

“Article 176. Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in conformity
with this Code. However, illegitimate children may use the surname of their father
if their filiation has been expressly recognized by the father through the record of
birth appearing in the civil register, or when an admission in a public document or
private handwritten instrument is made by the father. Provided, the father has
the right to institute an action before the regular courts to prove non-filiation
during his lifetime. The legitime of each illegitimate child shall consist of one-half
of the legitime of a legitimate child.”
Art. 189. Adoption shall have the following effects:
(1) For civil purposes, the adopted shall be deemed to be a
legitimate child of the adopters and both shall acquire the reciprocal
rights and obligations arising from the relationship of parent and
child, including the right of the adopted to use the surname of the
adopters;
---xxxxxxx---
(3) The adopted shall remain an intestate heir of his parents and
other blood relatives.
Art. 194. Support comprises 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. 
Art. 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. 
Art. 212. In case of absence or death of either parent, the parent
present shall continue exercising parental authority. The
remarriage of the surviving parent shall not affect the parental
authority over the children, unless the court appoints another
person to be the guardian of the person or property of the
children. (n)
Art. 213. In case of separation of the parents, parental authority
shall be exercised by the parent designated by the Court. The
Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless
the parent chosen is unfit
Silva v. Hon. CA
• G.R. No. 114742
• There is, despite a dearth of specific legal provisions, enough recognition on
the inherent and natural right of parents over their children. Article 150 of the
Family Code expresses that "(f)amily relations include those . . . (2) (b)etween
parents and children; . . . ." Article 209, in relation to Article 220, of the Code
states that it is the natural right and duty of parents and those exercising
parental authority to, among other things, keep children in their company
and to give them love and affection, advice and counsel, companionship and
understanding. The Constitution itself speaks in terms of the "natural and
primary rights" of parents in the rearing of the youth. There is nothing
conclusive to indicate that these provisions are meant to solely address
themselves to legitimate relationships. Indeed, although in varying degrees,
the laws on support and successional rights, by way of examples, clearly go
beyond the legitimate members of the family and so explicitly encompass
illegitimate relationships as well.
• Even when the parents are estranged and their affection for each
other is lost, the attachment and feeling for their offsprings
invariably remain unchanged. Neither the law nor the courts allow
this affinity to suffer absent, of course, any real, grave and
imminent threat to the well-being of the child.
• There is no doubt that in all cases involving a child, his interest and
welfare is always the paramount consideration.
 REVISED PENAL CODE
• Article 12. Exempting Circumstances — under 15y.o.
• Article 13. Mitigating Circumstances— under 18y.o. or over 70y.o.
• Title IX
1. Chapter 1, Section 2, Crimes Against Liberty
-- Kidnapping of minors
2. Chapter 2, Section 1, Crimes Against Security
-- Abandonment of helpless persons and exploitation of minors.
• Article 317. Swindling a minor.
 Guevarra v. almodovar
The terms "intent" and "discernment" convey two distinct thoughts. While
both are products of the mental processes within a person, the former refers
to the desired of one's act while the latter relates to the moral significance
that person ascribes to the said act. Hence a person may not intend to shoot
another but may be aware of the consequences of his negligent act which
may cause injury to the same person in negligently handling an air rifle. It is
not connect, therefore, to argue, as petitioner does, that since a minor above
nine years of age but below fifteen acted with discernment, then he intended
such act to be done. He may negligently shoot his friend, thus did not intend
to shoot him, and at the same time recognize the undesirable result of his
negligence.
 Guevarra v. almodovar
• In further outlining the distinction between the words "intent" and
"discernment," it is worthy to note the basic reason behind the
enactment of the exempting circumstances embodied in Article 12 of the
RPC; the complete absence of intelligence, freedom of action, or intent,
or on the absence of negligence on the part of the accused. In
expounding on intelligence as the second element of dolus, Albert 2 has
stated:

• The second element of dolus is intelligence; without this power, necessary

to determine the morality of human acts to distinguish a licit from an illicit
act, no crime can exist, and because ... the infant 3 (has) no intelligence,
the law exempts (him) from criminal liability.
 Guevarra v. almodovar
It is for this reason, therefore, why minors nine years of age and below are
not capable of performing a criminal act. On the other hand, minors above
nine years of appeal but below fifteen are not absolutely exempt. However,
they are presumed to be without criminal capacity, but which presumption
may be rebutted if it could be proven that they were "capable of appreciating
the nature and criminality of the act, that is, that (they) acted with
discernment. " The preceding discussion shows that "intelligence" as an
element of dolo actually embraces the concept of discernment as used in
Article 12 of the RPC and as defined in the aforecited case of People vs.
Doquena, supra. It could not therefore be argued that discernment is
equivalent or connotes 'intent' for they refer to two different concepts.
Intelligence, which includes discernment, is a distinct element of dolo as a
means of committing an offense.
 RA 11596
AN ACT PROHIBITING THE PRACTICE OF
CHILD MARRIGE
Section 4. The following are declared unlawful and prohibited acts:

(a) Facilitation of Child Marriage.

(b) Solemnization of Child Marriage.

(c) Cohabitation of an Adult with a Child Outside Wedlock.

 RA 11767
FOUNDLING RECOGNITION AND
PROTECTION ACT
FOUNDLING - A deserted or abandoned child or infant with
unknown facts of birth and parentage. This also includes those who
have been duly registered as a foundling during her or his infant
childhood, but have reached the age of majority without benefitting
from adoption procedures upon passage of this law.
 RA 11767
FOUNDLING RECOGNITION AND
PROTECTION ACT
FOUNDLING - A deserted or abandoned child or infant with
unknown facts of birth and parentage. This also includes those who
have been duly registered as a foundling during her or his infant
childhood, but have reached the age of majority without benefitting
from adoption procedures upon passage of this law.
 RA 11767
FOUNDLING RECOGNITION AND
PROTECTION ACT
Section 5. A foundling found in the Philippines and/or in Philippine
embassies, consulates and territories abroad is presumed a natural-born
Filipino citizen regardless of the status or circumstances of birth.

Section 6. When the biological parents cannot be identified and located,

the foundling shall be declared legally available for adoption subject to
existing laws, rules, and regulations and taking into consideration the best
interest of the child.
 RA 11648
• Provides stronger protection against Rape and Sexual
Exploitation and Abuse; and

• Increases the age for determining the commission of Statutory

Rape.
 RA 11648
Amended/repealed some provisions of the following laws:
• The Revised Penal Code
• The Anti-Rape Law of 1997 ( RA 8353)
• Special Protection of Children Against Abuse, Exploitation and
Discrimination Act (RA 7610)
 RA 11648
Article 266-A. Rape — under sixteen (16) years of age or is demented, even
though none of the circumstances are present.

Exception: No criminal liability when the age difference between the parties is
not more than three (3) years, and the sexual act in question is proven to be
consensual, non-abusive, and non-exploitative.

If the victim is under thirteen (13) years of age, this exception shall not apply.
 RA 11648
• Article 337. Qualified seduction. – sixteen and over but under eighteen
years of age.

• Article 338. Simple seduction. – sixteen and over but under eighteen years
of age.
 RA 11648
Under sixteen (16) years of age:
• SECTION 5. Child Prostitution and Other Sexual Abuse
• SECTION 7. Child Trafficking
• SECTION 10. Keeping or Having as Company

Under eighteen (18) years of age:

• SECTION 9. Obscene Publications and Indecent Shows
 People v. Salvador Nieto y Cabalse
Having the mental age of a five-year-and-three-month-old child
would even bolster her credibility as a witness considering that
a victim at such tender age would not publicly admit that she
had been criminally abused and ravished unless that was the
truth. For no woman, especially one of tender age, practically
only a girl, would concoct a story of defloration, allow an
examination of her private parts and thereafter expose herself
to a public trial, if she were not motivated solely by the desire
to have the culprit apprehended and punished to avenge her
honor and to condemn a grave injustice to her.
 RA 7610
Special Protection of Children Againts Child Abuse,
Exploitation and Discrimination Act
 RA 7610
Formulation of Comprehensive Program
• Department of Justice
• Department of Social Welfare and Development
• Other government agencies
• Private sectors
 RA 7610
To protect children against:
• Child prostitution and other sexual abuse;
• Child trafficking;
• Obscene publications and indecent shows; and
• Other acts of abuse and circumstances endangering child survival
and normal development.
 IRR OF RA 7610
Is there a sanction imposed upon persons who fail to
report child abuse cases?
 IRR OF RA 7610
SECTION 4. Mandatory Reporting. — The head of any public or
private hospital, medical clinic and similar institution, as well as the
attending physician and nurse, shall report, either orally or in writing,
to the Department the examination and/or treatment of a child who
appears to have suffered abuse within forty-eight (48) hours from
knowledge of the same.
 IRR OF RA 7610
SECTION 16. Who may file a Complaint?
• parent or legal guardian;
• ascendant or collateral relative of the child within the third degree of
consanguinity;
• duly authorized officer or social worker of the Department;
• officer, social worker or representative of a licensed child caring
institution;
• Barangay Chairman; or
• at least three (3) concerned responsible citizens of the community
where the abuse took place who have personal knowledge of the
offense committed.
 IRR OF RA 7610
What are the services available to victims of child abuse?
• Protective Custody • Child Placement Services
• Counseling • Residential Care/Temporary
• Medical/Dental Services Shelter
• Psychological/Psychiatric • Foster Home
Services • Adoption
• Social Services to Family • Legal Services
• Education and Vocational
Services

NOTE: Services are also available to the families of child abuse victims.
 RA 8370
Children's Television Act of 1997
Section 12. The National Endowment Fund for Children's Television

PURPOSE:

a) Develop and produce high quality television programs that are culturally-relevant
and developmentally-appropriate for children.

b) Contribute to the development of media programs that contribute to Filipino

children's awareness and appreciation for their cultural identity, national heritage
and social issues.
 EO 184 SERIES OF 1999
Presidential Award for the Child-Friendly Municipalities
and Cities

Child Friendly Movement

• Worldwide movement
• Operationalize the Convention on the Rights of the Child (CRC);
• Recognize the role of Local Government Units
• Effective mechanism to ensure the importance of children’s welfare locally
 EO 184 SERIES OF 1999
Anti-Trafficking in Persons Act of 2003

Section 4. To recruit, transport or adopt a child to engage in armed activities in the

Philippines or abroad is unlawful.

Section 6. Qualified Trafficking — When the trafficked person is a child;

Section 23. To ensure recovery, rehabilitation and reintegration into the mainstream
of society, concerned government agencies shall provide educational assistance to a
trafficked child.
 RA 9262
Anti-Violence against Women and their Children Act of 2004

It refers to any act or series of acts committed by any person against:

• a woman who is his wife
• former wife
• woman with whom the person has or had sexual or dating relationship
• with whom he has a common child
• her child, whether legitimate or illegitimate
which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse.
 RA 9262
Anti-Violence against Women and their Children Act of 2004

Who gets protected under the Law?

• Woman and her children

• The victim-child who is a minor, and a person aged 18 years and beyond who doesn’t
have the ability to decide for herself/himself because of an emotional, physical and
mental illness

• Any child under the care of a woman is also protected under the law
Juvenile Justice and Welfare Act of
2006
Republic Act No. 9344, a system dealing with children at risk and
children in conflict with the law, which provides child-appropriate
proceedings, including programmes and services for prevention,
diversion, rehabilitation, reintegration and aftercare to ensure
their normal growth and development.
DIVERSION AND INTERVENTION PROGRAMMES
During the diversion process, the responsibility and treatment of CICL will be determined on the
basis of his/her social, cultural, economic, psychological or educational background without
resorting to formal court proceedings.

AGE OF CRIMINAL RESPONSIBILITY AND THE PRESUMPTION OF

MINORITY
R.A. No. 9344 likewise raises the age of criminal responsibility from nine years of age under
Presidential Decree 603 to a minimum of 15 years old.
RELEASE ON RECOGNIZANCE
Where a child is detained, the court shall order the release of the minor on bail or release on
recognizance to his/her parents and other suitable person. The court has also the option to
transfer the minor to a youth care facility. In no case shall the court order the detention of a child
in a jail pending trial or hearing of his/her case.

DISCHARGE OF THE CICL

When at the time of the commission of the offence, the child is under 18 years old and
subsequently he is found guilty of the offence charged, the court shall place the CICL under
suspended sentence without need of application.
COMPETENT AUTHORITY
Family Courts have exclusive jurisdiction over cases involving children in conflict with the law.

THE PHILIPPINES’ INSTITUTIONAL TREATMENT OF CICL

Republic Act No. 10630 or the Act Strengthening the Juvenile Justice System provided for the
establishment of an Intensive Juvenile Intervention and Support Center for children (IJISC)
under the minimum age of criminal responsibility in “Bahay Pag-asa”.

The “Bahay Pag-asa” is a 24-hour child-care institution funded and managed by local
government units (LGU) and licensed and/or accredited non-government organizations.
The University of the Philippines Charter of
2008 (RA 9500)
Sec 2. The State shall promote, foster, nurture and protect the right of all
citizens to accessible quality education. Toward this end, it is the policy of the
State to strengthen the University of the Philippines as the national
university.

Sec. 3. As the national university, a public and secular institution of higher

learning, and a community of scholars dedicated for the search of truth and
knowledge as well as the development of future leaders, the University of the
Philippines shall perform its unique and distinctive leadership in higher
education and development.
 Universally Accessible Cheaper and Quality
Medicines Act of 2008 (RA 9502)

SEC. 2. Declaration of Policy. It is the policy of the State to protect

–

public health and, when the public interest or circumstances of extreme

urgency so require, it shall adopt appropriate measures to promote and
ensure access to affordable quality drugs and medicines for all.
 Socialized and Low-cost Housing Loan Restructuring and
Condonation Act of 2008 (RA 9508)

Section 2. Declaration of Policy. It is the policy of the State to undertake a

-

continuing program of urban land reform and housing that will make available
at affordable cost decent housing to underprivileged and homeless citizens.
 Environmental Awareness and Education Act of 2008
RA 9512
This Act provides for the promotion of environmental awareness through
environmental education which shall encompass environmental concepts and
principles, environmental laws, the state of international and local environment, local
environmental best practices, the threats of environmental degradation and its
impact on human well-being, the responsibility of the citizenry to the environment
and the value of conservation, protection and rehabilitation of natural resources and
the environment.
 National Book Development Trust Fund Act(RA
9521)
The National Book Development Trust Fund is established exclusively
for the support and promotion of Filipino authorship and the
completion of local manuscripts or research works for publication,
especially in Science and Technology and in subject areas where locally-
authored books are either few or nonexistent.
 Republic Act No. 9523

SECTION 1. Declaration of Policy. It is hereby declared the policy of the State that
—

alternative protection and assistance shall be afforded to every child who is

abandoned, surrendered, or neglected.

It requires the certification of the Department of Social Welfare and

Development (DSWD) to declare a child legally available for adoption.
 Special Program for the Employment of Students
(SPES)

The Special Program for Employment of Students (SPES) is an employment-

bridging programme that aims to provide temporary employment to
disadvantaged youth to augment their family's income and help ensure that
beneficiaries are able to pursue their education.
THANK YOU! :)