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CHAPTER 3: THE FAMILY

This chapter consists of the concepts about family, the rights of parents and
children, the kinds of children under the Family Code, the parental authority, the
emancipation and age of majority, and the regulation of Child and Youth Welfare
Services.

Lesson 1. The Family as an Institution

"The State recognizes the sanctity of family life and shall protect and strengthen
the family as a basic autonomous social institution. It shall equally protect the life of the
mother and the life of the unborn from conception. The natural and primary right and
duty of parents in the rearing of the youth for civic efficiency and the development of
moral character shall receive the support of the Government (Art. II, Sec. 12, Phil.
Constitution)."

The family, being the foundation of the nation, is a basic social institution which
public policy cherishes and protects. Consequently, family relations are governed by law
and no custom, practice or agreement destructive of the family shall be recognized or
given effect (Art. 149, FC).

E- Father A-And M-Mother 1-I L-Love Y- You

The one reciting the FAMILY is the child. Thus, a family must consist of a father and
a mother as well as child/children. Family quotes below are added which emphasize the
substances of family.

Family: A social unit where the father is concerned with parking space, the children
with outer space, and the mother with closet space"
By: Evan Esar

Learning Objectives:
At the end of the module the students should be able to:
1. Analyze how family, school, peers, mass media, religion and other
social group can contribute to the delinquency problem.
2. Cite different social groups that shape the behavior and personality of
juveniles
3. Understand the duties and responsibilities of parents in the development of their
child/children.

"There is no doubt that it is around the family and the home that all the
greatest virtues, the most dominating virtues of human society, are created,
strengthened and maintained".
By: Winston Churchill

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Family is the basic social group that is united by blood (consanguinity) or marriage
(affinity): one that generally lives together and participates in economic cooperation;
provides security, socialization and companionship; and aids in the reproduction and
preservation of the human race. It is the most universal social institution.

Functions of Family
1. Reproduction - The family is a prerequisite for the survival of a society to
replace one generation to the next. However, sexual activities are allowed but are
regulated.
2. Security - The family serves as a protector for all its members especially the
young and helpless against all kinds of danger.
3. Socialization - It is primarily the social institution that is responsible for the
early development of an individual's personality. In the family, it is instilled in the
child the attitudes, norms, and values.
4. Assignment of Status - It is in the family that the initial ascribed status is
fixed which includes their ethnic and racial status, religious status and also their
class status.
5. Emotional Support - "Home sweet home, for there the heart can rest." This is
perhaps the best way to describe the kind of emotional support a family can give.
6. Other functions of the family are that it provides the mechanism in terms of
transmittal of inheritance or private property and serves as the economic base for
producing goods and services (Saquilayan, et. al, 2011).

Family Structures
1. Nuclear Family - This refers to a family consisting of a husband and wife plus
their children.
2. Extended Family - This refers to a family consisting of several generations of
blood relatives. This consists of two nuclear families; the family of orientation and the
family of procreation. Anthropologists distinguish between the family of orientation, that
is, the family in which one is born and grows up or
where the individual receives
3. Joint Family - This refers to married children with their spouses and children
living in one residence. The joint family is horizontal in relationship unlike the extended
family which is vertical. Their two generations in a joint family - the father and son while
the extended family has three male generations - the father, the son, and the grandson.
4. Household - The household may consist of one individual or a hundred
individuals. The individuals may or may not be related to one another. All of them are
considered members of the household having the same residence and share in the
domestic functions. Household is a census term.
5. Truncated Family - This is not a common form of family. This refers to the
grandparent grandchildren relationship. This form of family happens when grandparents
assume the parental responsibility when the parents die and they act as surrogate
parents. Financial problems of parents could be another reason why grandparents take
on the responsibility as surrogate parents.
6. Stem Family- This refers to family formed by two families - the family of
orientation and the family of procreation. It is similar to the extended family. The families
do not share a common residence but their houses may be located in the same area This
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form of family example, one male may do the other children work outside the farm
Those left in the farm also take care of the other children and receive share from the
farm products (Saquilayan, et a 2011)

Models of Family
1. The Corporate Model -The father is the chief executive officer in this family
model. The mother is the operating officer, implements the father's policy and manages
the staff (children) that in turn have privileges and responsibilities based on their
seniority
2. The Team Model - The father is the head and the mother is the chief of the
training table and cheer leader in this family model. The children, suffering frequent
performance anxiety, play the rules and stay in shape with conformity calisthenics. In
this family, competition is the name of the game, winning is everything
3. The Military Model - The father is the general in this model .The mother is the
guard on duty with a special assignment to the nurse corps when needed. The kids are
the grunts Unruly children are sent to stockade, insubordinate wives risk discharge.
Punishment is swift and sadism is called character building
4. The Boarding School Model - This family model views the father as the rector
or head master, is in charge of the training school, mind and bodies. The mother is the
dorm counselor who oversees the realm emotion, illness, good works and bedwetting.
The children are dutiful students. The parents have nothing left to learn, there's but
taught and test.
5. The Theatrical Model - The father is the producer, plays the role of the father
in this model. The mother is the stage manager, doubles in the part of the mother and
children, the stagehands, also acts the roles of girls and boys. No writer is necessary
because the lines are scripted, the roles are sex stereotypes, the plot predictable.

Kinship System
Kinship refers to human relations based on biological descent and marriage. It is
founded on social differences and cultural creations.

Types of Kinship
1. Consanguinity-It refers to the links between blood relatives.
2. Affinity - It refers to the links between relatives by marriage.

Agents of Socialization
1. Family - The family is the most important agent in socialization. It plays an
important role and has a special responsibility. It is usually the most influential group in
the life of the child. It is also in the family that the formative years and the development
of the self and one's personality have its crucial undertakings. From the family the child
is given care, emotional support, medical attention, shelter, education and other basic
support needs. The school is a formal agent of socialization.
2. School - Children weaned from home are then introduced into the society. It is
in the school where emotional and intellectual growths are formally forged. Here they
learn the basic formal instruction in the 5Rs of education which are Reading, wRiting,
aRithmetic, Rational thinking and Right conduct.

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From this agency the child is gradually equipped to take on their various roles in
the society. The schools are responsible in implanting various fields of knowledge to
prepare the children for adulthood and become productive, effective and responsible
citizens.
Our states Constitution that, "all educational institutions shall aim to inculcate love of
country, teach the duties of citizenship, and develop moral character, personal
discipline, and scientific, technological, and vocational efficiency."
3. Peers - Peer groups are another very potential agent of socialization. As the
child grows, the role of the family in socialization is gradually supplemented and at times
replaced by the peer group. The peer group is an informal grouping of two or more
individuals, about the same age levels, neighborhood, school or friends. Others call the
peer group a gang which is commonly called barkada. This is a ground where parents
have no controls. Considering that they belong to about the same age level, they have
their own "culture" and "language" distinct to them. A strong sense of camaraderie or
belongingness pervades their relationship. In a peer group, one can observe that the
group has no definite set of objectives or goals except companionship. The depth of this
relationship is expressed in the values of pakikisama, damayan or utang na loob.
Damayan is synonymous to pakikisama.
4. Mass Media - Mass media may be in the form of print, broadcast, or electronic.
Thus, almost everyone could be reached and influenced due to its tri-media system. The
mass media is a socializing agent primarily to inform, entertain and educate. It covers a
wide field of interest and the whole society is its audience, that is, from children to
adults.
The influence of mass media could either be for good or bad. That is why one will notice
that, there are media materials labeled as for general audiences, restricted or for adults
only as the case may be. On TV shows for example, programs specifically designed for
children have specific time slots while those that are strictly for adults have different
schedules.
5. Religion - Religion is an agent of socialization that can assist in giving a society
a sense of direction. Morals and values which are inherent in religion can give guidance
about what is appropriate in terms of roles and behaviors of a society or individual. It is
taught I religion, for instance, "honor your
father and your mother," and likewise concretely expressed in the family by way of
"mano po." And similar ways of showing respect in school to our teachers who are acting
as parents in school (Saquilayan, et. al, 2011).

Rights and Obligations between Husband and Wife

The husband and wife are obliged:
1. To live together;
2. Observe mutual love, respect and fidelity; and
3. Render mutual help and support (Art. 68, FC, Desiderio, 2006).

Family relations include those:

1. Between husband and wife;
2. Between parents and children;
3. Among other ascendants and descendants; and

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4. Among brothers and sisters, whether of the full or half-blood (Art. 50, FC,
Desiderio, 2006)..

The Family Home

The family home, constituted jointly by the husband and the wite or by an
unmarried head of a family, is the dwelling house where they and their family reside, and
the land on which it is ns situated (Art. 152, FC). The family home is deemed constituted
on a house and lot from the time it is occupied as a family residence. From the time of its
constitution and so long as any of its beneficiaries actually resides therein, the family
home continues to be such and is exempe from execution, forced sale or attachment
except as hereinafter provided and to the extent of the value allowed by law (Art. 153
FC, Desiderio, 2006).

The beneficiaries of a family home are:

1. The husband and wife, or a single person who is the head of a family; and
2. Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home
and who depend upon the head of the family for legal support (Art. 154, FC,
Desiderio, 2006).

Lesson 2. Rights and Duties of Parents

Primary Right of Parents

The parents shall have the right to the company of their children and, in relation to
all other persons or institutions dealing with the child's development, the primary right
and obligation to provide for their upbringing (Art. 43, PD 603).

Right to Discipline Child

Parents have the right to discipline the child as may be necessary for the formation
of his good character, and may therefore require from him obedience to just and
reasonable rules, suggestions and admonitions (Art. 45, PD 603).

Duties of Parents are:

1. give him affection, companionship and understanding:
2. extend to him the benefits of moral guidance, self-discipline and religious
instruction;
3. supervise his activities, including his recreation;
4. inculcate in him the value of industry, thrift and self-reliance;
5. stimulate his interest in civic affairs, teach him the duties of citizenship, and
develop his commitment to his country;
6. advise him properly on any matter affecting his development and well-being:
7. always set a good example;
8. provide him with adequate support; administer his property, if any, according to
his best interests, subject to the provisions of Article 320 of the Civil Code
(Desiderio, 2006).

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"Art. 320 of the Civil Code: The father, or in his absence the mother, is the legal
administrator of the property pertaining to the child under parental authority. If the
property is worth more than two thousand pesos, the father or mother shall give a bond
subject to the approval of the Court of First Instance".

Note: Parents shall endeavor to discover the child's talents or aptitudes, if any, and to
encourage and develop them. If the child is especially gifted, his parents shall report this
fact to the National Center for Gifted Children or to other agencies concerned so that
official assistance or recognition may be extended to him.

Liabilities of Parents
Parents and guardians are liable for the damage caused by the child under their
parental authority (Art. 58, PD 603).

Criminal liability shall be attached to any parent who:

1. Conceals or abandons the child with intent to make such child lose his civil status.
2. Abandons the child under such circumstances as to deprive him of the love, care
and
3. protection he needs.
4. Sells or abandons the child to another person for valuable consideration.
5. Neglects the child by not giving him the education which the family's station in life
and
6. financial conditions permit.
7. Fails or refuses, without justifiable grounds, to enroll the child.
8. Causes, abates, or permits the truancy of the child from the school where he is
enrolled. Truancy, as here used means absence without cause, for more than
twenty schooldays not necessarily consecutive. It shall be the duty of the teacher
in charge to report to the parents the absences of the child the moment these
exceed five schooldays.
9. Improperly exploits the child by using him, directly or indirectly, such as for
purposes of begging and other acts which are inimical to his interest and welfare.
10. Inflicts cruel and unusual punishment upon the child of deliberately subjects
him to indignations and other excessive chastisement that humiliates him.
11. Causes or encourages the child to lead an immoral or dissolute life.
12. Permits the child to possess, handle or carry a deadly weapon, regardless of
its ownership.
13. Allows or requires the child to drive without a license or with a license which
the parent knows to have been illegally procured. If the motor vehicle driven by
the child belongs to the parent, it shall be presumed that he permitted or ordered
the child to drive (Desiderio, 2006).
Note: Parents, as here used shall include the guardian and the head of the institution or
foster home which has custody of the child.

Paternity and Affiliation

The filiations of children may be by nature or by adoption. Natural filiations may be
legitimate or illegitimate (Art. 163).

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Lesson 3. Different Kinds of Children under the Family Code

1. Legitimate Children
2. Illegitimate Children
3. Legitimated Children
4. Adopted Children

1. Legitimate Children
Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the
husband or that of a donor or both are likewise legitimate children of the husband and
his wife, provided, that both of them authorized or ratified such insemination in a written
instrument executed and signed by them before the birth of the child.
Further, the instrument shall be recorded in the civil registry together with the
birth certificate of the child (Art. 164, FC).

Rights of Legitimate Children are:

1. To bear the surnames of the father and the mother, in conformity with the
provisions of the Civil Code on Surnames;
2. To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this Code on Support; and
3. To be entitled to the legitimate and other successional nights (legitime) granted to
them by the Civil Code (Art. 174 FC).

Legitimacy of a child may be impugned only on the following grounds:

1. That it was physically impossible for the husband to have sexual intercourse with
his wife within the first 120 days of the 300 days which immediately preceded the
birth of the child because of:
a. the physical incapacity of the husband to have sexual intercourse with
his wife;
b. the fact that the husband and wife were living separately in such a way
that sexual intercourse was not possible;
c. serious illness of the husband, which absolutely prevented sexual
intercourse;
2. That it is proved that for biological or other scientific reasons, the child could not
have been that of the husband, except in the instance provided in the second
paragraph of Article 164, FC.; or
3. That in case of children conceived through artificial insemination, the written
consent or ratification of either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence (Art. 166, FC).

If the marriage is terminated and the mother contracted another marriage

within (300) three hundred days after such termination of the former
marriage, these rules shall govern in the absence of proof to the contrary:
1. A child born before (180) one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during the former
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marriage, provided it be born within three hundred days after the termination of
the former marriage;
2. A child born after (180) one hundred eighty days following the celebration of the
subsequent marriage is considered t have been conceived during such marriage,
even though be born within the three hundred days after the termination of the
former marriage (Art. 168, FC)

2. Illegitimate Children
Children conceived and born outside a valid marriage are illegitimate, unless
otherwise provided by Family Code (Art. 165. FC).

3. Legitimated Children
Only children conceived and born outside of wedlock of parents who, at the time of
the conception of the former, were not disqualified by any impediment to marry each
other may be legitimated. Legitimation shall take place by a subsequent valid marriage
between parents. The annulment of a voidable marriage shall not affect the legitimation.
Legitimated children shall enjoy the same rights as legitimate children (Arts. 177-178,
FC).

4. Adopted Children
Adoption may be defined as the juridical act which creates between 2 (two)
persons a relationship similar to that which results from legitimate paternity and filiation
(Arts. 183-193, FC).

Who may adopt?

1. A person of age and in possession of full civil capacity and legal rights may adopt,
provided he is in a position to support and care for his children, legitimate or
illegitimate, in keeping with the means of the family.
2. The guardian with respect to the ward prior to the approval of the final accounts
rendered upon the termination of their guardianship relation;
3. Any person who has not been convicted of a crime involving moral turpitude;
4. An alien, provided:
a. A former Filipino citizen who seeks to adopt a relative by consanguinity:
b. One who seeks to adopt the legitimate child of his or her Filipino spouse, or
c. One who is married to a Filipino citizen and seeks to adopt jointly with his or
her spouse a relative by consanguinity of the latter.

Aliens not included in the foregoing exceptions may adopt Filipino children in
accordance with the rules on inter-country adoptions as may be provided by law
(28a E. O. 91 and PD 603).

The following may not be adopted:

1. A person of legal age, unless he or she is a child by nature of the adopter or
his or her spouse, or, prior to the adoption, said person has been consistently
considered and treated by the adopter as his or her own child during
minority;
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2. An alien with whose government the Republic of the Philippines has no

diplomatic relations; and
3. A person who has already been adopted unless such adoption has been
previously revoked or rescinded (Art 187, FC, 30a, E. O. 91 and PD 603).

The written consent of the following parties to the adoption shall be

necessary:
1. The person to be adopted, if ten years of age or over,
2. The parents by nature of the child, the legal guardian, or the proper government
1. instrumentality;
2. The legitimate and adopted children, ten years of age or over, of the adopting
parent or
3. parents;
4. The illegitimate children, ten years of age or over, of the adopting parent, if living
with said parent and the latter's spouse, if any; and
5. The spouse, if any, of the person adopting or to be adopted (Art. 188, FC, 31a, E.
O, 91 and PD 603).

However, judicial rescission of the adoption shall extinguish all reciprocal rights
and
obligations between the adopters and the adopted arising from the relationship of parent
and child. The adopted shall likewise lose the right to use the surnames of the adopters
and shall resume his surname prior to the adoption (Desiderio, 2006).

Note: Only minors may be adopted, except in cases when the adoption of a person of
majority age is allowed in this Title. In addition, the adopter must be at (16) least sixteen
years older than the person to be adopted, unless the adopter is the parent by nature of
the adopted, or is the spouse of the legitimate parent of the person to be adopted (27a
E. O. 91 and PD 603, Desiderio, 2006).

Support
Support indispensable comprises everything for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial capacity
of the family (Art. 194, FC). 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.

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:
1. The spouses;
2. Legitimate ascendants and descendants;
3. Parents and their legitimate children and the legitimate and illegitimate children
of the latter;
4. Parents and their illegitimate children and the legitimate and illegitimate
children of the latter; and
5. Legitimate brothers and sisters, whether of full or half-blood (Art. 105, FC).
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Lesson 4. Parental Authority

Parents have a natural right and responsibility to take care of their kids, teach them
good values, and help them become responsible citizens. If parents are married, they
share this responsibility, and the dad's decision usually prevails if they disagree, unless a
court decides otherwise. Kids should respect and obey their parents as long as they are
under their care.

If one parent is absent or passes away, the other parent continues to have these
responsibilities. Even if the surviving parent gets remarried, their authority over the
children remains, unless a court appoints someone else to take care of the kids.

If the parents separate, a court decides which parent will have authority over the
child, considering the child's preference if they are at least seven years old, unless one
parent is unfit.

If both parents are absent or unfit, a surviving grandparent can step in to take care
of the child, with the court's approval.

Also, in legal cases, children cannot be forced to testify against their parents or
grandparents, except in cases where it's necessary to investigate a crime involving the
child or one parent against the other.

Substitute and Special Parental Authority

In default of parents or judicially appointed guardian, the following shall exercise
substitute parental authority over the child in the order indicated:
1. The surviving grandparent, as provided in Art. 214, FC;
2. The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified; and
3. The child's actual custodian, over twenty-one years of age, unless unfit or
disqualified (Art. 216, FC):

Effect of Parental Authority upon the Children

The parents and those exercising parental authority shall, with respect to their
unemancipated children onwards, have the following rights and duties:
1. 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;
1. To give them love and affection, advice and counsel, companionship and
understanding;
2. 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;
4. To furnish them with good and wholesome educational materials, supervise their
activities, recreation and association with others, protect them from bad company,

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and prevent them from acquiring habits detrimental to their health, studies and
morals;
5. To represent them in all matters affecting their interests;
6. To demand from them respect and obedience,
7. To impose discipline on as may be required under the circumstances; and
8. To perform such other duties as are imposed by law upon parents and guardians
(Art. 220, FC, Desiderio, 2006).

Suspension or Termination of Parental Authority

Parental authority terminates permanently:
1. Upon the death of the parents;
2. Upon the death of the child; or
3. Upon emancipation of the child (Art. 228, FC).

Unless subsequently revived by a final judgment, parental authority also terminates:

1. Upon adoption of the child;
2. Upon appointment of a general guardian;
3. Upon judicial declaration of abandonment of the child in a case filed for the
purpose;
4. Upon final judgment of a competent court divesting the party concerned of
parental authority; or
5. Upon judicial declaration of absence or incapacity of the person exercising parental
authority (Art. 229, FC.).

However, parental authority is suspended upon conviction of the parent or the

person exercising the same of a crime which carries with it the penalty of civil
interdiction. The authority is automatically reinstated upon service of the penalty or upon
pardon or amnesty of the offender (Art. 230, FC).

The court in an action filed for the purpose in a related case may also suspend
parental authority if the parent or the person exercising the same:
1. Treats the child with excessive harshness or cruelty;
2. Gives the child corrupting orders, counsel or example;
3. Compels the child to beg; or
4. Subjects the child or allows him to be subjected to acts of lasciviousness (Art.
231, FC).

The grounds enumerated above are deemed to include cases which have resulted
from culpable negligence of the parent or the person exercising parental authority. If the
person exercising parental authority has subjected the child or allowed him to be
subjected to sexual abuse, such person shall be permanently deprived by the court of
such authority (Art. 232, FC.).
The person exercising substitute parental authority shall have the same authority
over the person of the child as the parents (Art. 233, FC.). In no case shall the school
administrator, teacher of individual engaged in child care exercising special parental
authority inflict corporal punishment upon the child (Desiderio, 2006).

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Lesson 5. Emancipation and Age of Majority

Emancipation - Emancipation is the release of a person from parental authority

whereby he becomes capacitated for civil life.

When does emancipation takes place?

Ans.: Emancipation takes place:
1. By the attainment of majority;
2. By the marriage of the minor;
3. 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 (18) years
4. 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 (18) years of age but the agreement must be approved by the court
before it is recorded (Arts. 234, 235, FC).

When does majority commence and what is the effect thereof?

Ans.: Unless otherwise provided, majority commences at the age of 18 years (Art. 234,
FC.) as amended by R.A. No. 6809). Emancipation for any cause shall terminate parental
authority over the person and property of the child who shall then be qualified and
responsible for all acts of civil life, save the exceptions established by existing laws in
special cases. Further, marriage, however, shall require parental consent until the age of
21.

Care and Education of Children

Every child:
1. Is entitled to parental care;
2. Shall receive at least elementary education;
3. Shall be given moral and civic training by the parents or guardian;
4. Has a right to live in an atmosphere conducive to his physical, moral and
intellectual development.
Every child shall:
1. Obey and honor his parents or guardian;
2. Respect his grandparents, old relatives, and holding substitute parental
authority
3. Exert his utmost for his education and training;
4. Cooperate with the family in all matters that make for the good of the same.

Every parent and every person holding substitute parental authority shall see to it
that the rights of the child are respected and his duties complied with, and shall
particularly, by precept and example, imbue the child with high-mindedness, love of
country, veneration for the national heroes, fidelity to democracy as a way of life, and
attachment to the ideal of permanent world peace.

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The Council for the Protection of Children shall look after the welfare of children in
the municipality. It shall, among other functions:
1. Foster the education of every child in the municipality;
2. Encourage the cultivation of the duties of parents;
3. Protect and assist abandoned or mistreated children, and orphans;
4. Take steps to prevent juvenile delinquency;
5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds;
7. Coordinate the activities of organizations devoted to the welfare of children,
and secure their cooperation.
Juvenile courts will be established, as far as practicable, in every chartered city or
largen municipality. Whenever a child is found delinquent by any court, the father,
mother, or guardian may in a proper case be judicially admonished.

In all questions on the care, custody, education and property of children the
latter's welfare shall be paramount. No mother shall be separated from her child under
seven years of age, unless the court finds compelling reasons for such measure
(Desiderio, 2006).

Lesson 6. Regulation of Child and Youth Welfare Services

Public and private child and youth welfare agencies providing encouragement,
care, and protection to any category of children and youth whether mentally gifted,
dependent, abandoned, neglected, abused, handicapped, disturbed, or youthful
offenders, classified and defined as follows, shall be coordinated by the Department of
Social Welfare (Art. 117, PD 603):

1. A Child-caring Institution
It provides twenty-four hour resident group care service for the physical, mental,
social and spiritual well-being of nine or more mentally gifted, dependent, abandoned,
neglected, handicapped or disturbed children, or youthful offenders. 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.

2. A Detention Home
It is a twenty-four hour child-caring institution providing short term resident care
for youthful offenders who are court disposition of their cases or transfer to other
agencies or jurisdiction.

3. A Shelter-care Institution
It provides temporary protection and care to children requiring emergency
reception as a result of fortuitous events, abandonment by parents, dangerous
conditions of neglect or cruelty in the home, being without adult care because of crisis in
the family, or a court order holding them as material witnesses.

4. Receiving Homes
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It is a family-type home which provides temporary shelter from ten to twenty days
for children who shall during this period be under observation and study for eventual
placement by the Department of Social Welfare. The number of children in a receiving
home shall not at any time exceed nine: Provided, that no more than two of them shall
be under three years of age.

5. A Nursery
It is a child-caring institution that provides care for six or more children below six
years of age for all or part of a twenty-four hour day, except those duly licensed to offer
primarily medical and educational services.

6. A Maternity Home
It is an institution of residence whose primary function is to give shelter and care
to pregnant women and their infants before, during and after delivery.

7. A Rehabilitation Center
An institution that receives and rehabilitates youthful offenders or other disturbed
children.

8. A Reception and Study Center

An institution that receives for study, diagnosis, and temporary treatment, children
who have behavioral problems for the purpose of determining the appropriate care for
them or recommending their permanent treatment or rehabilitation in other child welfare
agencies.

9. A Child-placing Agency
It 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 child or children within the sixth degree of
consanguinity or affinity are excluded from this definition.

Special Categories of Children

1. A Dependent Child
One who is without a parent, guardian or custodian; or one whose parents,
guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.

2. An Abandoned Child
A child 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.

3. A Neglected Child

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A child is neglected if his/her basic needs have been deliberately unattended or

inadequately attended, Neglect ma occur in two ways:
a. Physical Neglect - There is physical neglect when the child 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.
b. Emotional Neglect - It exists when children are 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. maltreated,

4. Commitment or Surrender of a Child

It 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. It could be done in the
following manner:
a. 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.
b. Voluntary Commitment - Through the relinquishment of parental or
guardianship rights in the manner and form hereinafter prescribed
(Desiderio, 2006).

Mentally Retarded, Physically Handicapped, Emotionally Disturbed and

Mentally III Children

1. 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, hereditary or disease, and (6)
essentially incurable (Art. 168, PD 603).

Classification of Mental Retardation

a. Custodial Group
Members of this classification are severely or profoundly retarded; the least
capable group. This includes those with 1.Q.s to 25.

b. Trainable Group
The members of this group consist of those with I.Q.s 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
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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.

c. 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.

d. Borderline or Low Normal Group

This is the highest group of mentally retarded, with IQs from about 75 to
about 89, The members of this classification are only -lightly retarded and they can
usually get by in regular classes if they receive some extra help, guidance and
consideration. They h re 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 (Art. 169, PD 603).

2. 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
(Art. 170, PD 603).

3. 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 (Art. 171, PD 603).

4. Mentally III Children

Mentally ill children are those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require professional help or
hospitalization (Art. 172, PD 603).

5. 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 (Art. 173, PD 603).

- 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

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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 the 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 (Art. 174, PD 603).

"The child must know that he is a miracle, that since the beginning of the world
there hasn't been, and until the end of the world there will not be, another child like
him."
By: Pablo Casals

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