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A.M. No. 02-11-10-SC March 4, 2003
RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARIAGES AND
ANNULMENT OF VOIDABLE MARRIAGES
Section 1. Scope - This Rule shall govern petitions for declaration of absolute nullity of void
marriages and annulment of voidable marriages under the Family Code of te Philippines.
The Rules of Court shall apply suppletorily.
Section 2. Petition for declaration of absolute nullity of void marriages.
(a) Who may file. - A petition for declaration of absolute nullity of void marriage
may be filed solely by the husband or the wife. (n)
(b) Where to file. - The petition shal be filed in the Family Court.
(c) Imprecriptibility ofaction or defense. - An Action or defense for the declaration
of absolute nullity of void marriage shall not prescribe.
(d) What to allege. - A petition under Article 36 of Family Code shall specially
allege te complete facts showing the either or both parties were psychologically
incapacitated from complying with the essential marital obligations of marriages
at the time of the celebration of marriage even if such incapacity becomes
manifest only after its celebration.
The complete facts should allege the physical manifestations, if any, as are indicative
of psychological incapacity at the time of the celebration of the marriage but expert opinion
need not be alleged.
Section 3. Petition for annulment of voidable marriages. -
(a) Who may file. - The following persons may file a petition for annulment of
voidable marriage based on any of the grounds under article 45 of the Family
Code and within the period herein indicated:
(1) The contracting party whose parent, or guardian, or person
exercising substitute parental authority did not give his or her consent,
within five years after attaining the age of twenty-one unless, after
attaining the age of twenty-one, such party freely cohabitated with the
other as husband or wife; or the parent, guardian or person having
legal charge of the contracting party , at any time before such party
has reached the age of twenty-one;
(2) The sane spouse who had no knowledge of the other's insanity; or
by any relative, guardian, or person having legal charge of the insane,
at any time before the death of either party; or by the insane spouse
during the a lucid interval or after regaining sanity, provided that the
petitioner , after coming to reason, has not freely cohabited with the
other as husband or wife;
(3) The injured party whose consent was obtained by fraud, within five
years after the discovery of the fraud, provided that said party, with full
knowledge of the facts constituting the fraud, has not freely cohabited
with the other as husband or wife;
(4) The injured party whose consent was obtained by force,
intimidation, or undue influence, within five years from the time the
force intimidation, or undue influence disappeared or ceased, provided
that the force, intimidation, or undue influence having disappeared or
ceased, said party has not thereafter freely cohabited with the other as
husband or wife;
(5) The injured party where the other spouse is physically incapable of
consummating the marriage with the other and such incapability
continues and appears to be incurable, within five years after the
celebration of marriage; and
(6) Te injured party where the other party was afflicted with a sexually-
transmissible disease found to be serious and appears to be incurable,
within five years after the celebration of marriage.
(b) Where to file. - The petition shall be filed in the Family Court.
Section 4. Venue. - The Petition shall be filed in the Family Court of the province or city
where the petitioner or the respondent has been residing for at least six months prior to the
date of filing. Or in the case of non-resident respondent, where he may be found in the
Philippines, at the election of the petitioner.
Section 5. Contents and form of petition. - (1) The petition shall allege the complete facts
constituting the cause of action.
(2) It shall state the names and ages of the common children of the parties and
specify the regime governing their property relations, as well as the properties
involved.
If there is no adequate provision in a written agreement between the
parties, the petitioner may apply for a provisional order for spousal support, the
custody and support of common children, visitation rights, administration of
community or conjugal property, and other matters similarly requiringurgent
action.
(3) It must be verified and accompanied celebration of marriage. (b) Where to
file.-The petition shall be filed in the Family Court.
Section 4. Venue. - The petition shall be filed in the Family Court of the province or city
where the petitioner or the respondent has been residing for at least six months prior to the
date of filing, or in the case of a non-resident respondent, where he may be found in the
Philippines at the election of the petitioner.
Section 5. Contents and form of petition. - (1) The petition shall allege the complete facts
constituting the cause of action.
(2) it shall state the names and ages of the common children of the parties and
specify the regime governing their property relations, as well as the properties
involved.
If there is no adequate provision in a written agreement between the
parties, the petitioner may apply for a provisional order for spousal support,
custody and support of common children, visitation rights, administration of
community or conjugal property, and other matters similarly requiring urgent
action.
(3) it must be verified and accompanied by a certification against forum shopping.
The verification and certification must be signed personally by me petitioner. No
petition may be filed solely by counsel or through an attorney-in-fact.

If the petitioner is in a foreign country, the verification and certification
against forum shopping shall be authenticated by the duly authorized officer of
the Philippine embassy or legation, consul general, consul or vice-consul or
consular agent in said country.
(4) it shall be filed in six copies. The petitioner shall serve a copy of the petition
on the Office of the Solicitor General and the Office of the City or Provincial
Prosecutor, within five days from the date of its filing and submit to the court
proof of such service within the same period.
Failure to comply with any of the preceding requirements may be a ground
for immediate dismissal of the petition.
Section 6. Summons. - The service of summons shall be governed by Rule 14 of the Rules
of Court and by the following rules:
(1) Where the respondent cannot be located at his given address or his
whereabouts are unknown and cannot be ascertained by diligent inquiry, service
of summons may, by leave of court, be effected upon him by publication once a
week for two consecutive weeks in a newspaper of general circulation in the
Philippines and in such places as the court may order In addition, a copy of the
summons shall be served on the respondent at his last known address by
registered mail or any other means the court may deem sufficient.
(2) The summons to be published shall be contained in an order of the court with
the following data: (a) title of the case; (b) docket number; (c) nature of the
petition; (d) principal grounds of the petition and the reliefs prayed for; and (e) a
directive for the respondent to answer within thirty days from the last issue of
publication.
Section 7. Motion to dismiss. - No motion to dismiss the petition shall be allowed except on
the ground of lack of jurisdiction over the subject matter or over the parties; provided,
however, that any other ground that might warrant a dismissal of the case may be raised as
an affirmative defense in an answer.
Section 8. Answer. - (1) The respondent shall file his answer within fifteen days from
service of summons, or within thirty days from the last issue of publication in case of
service of summons by publication. The answer must be verified by the respondent himself
and not by counsel or attorney-in-fact.
(2) If the respondent fails to file an answer, the court shall not declare him or her
in default.
(3) Where no answer is filed or if the answer does not tender an issue, the court
shall order the public prosecutor to investigate whether collusion exists between
the parties.
Section 9. Investigation report of public prosecutor. - (1) Within one month after receipt of
the court order mentioned in paragraph (3) of Section 8 above, the public prosecutor shall
submit a report to the court stating whether the parties are in collusion and serve copies
thereof on the parties and their respective counsels, if any.
(2) If the public prosecutor finds that collusion exists, he shall state the on the
finding of collusion within ten days from receipt of a copy of a report The court
shall set the report for hearing and If convinced that the parties are in collusion, it
shall dismiss the petition.
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(3) If the public prosecutor reports that no collusion exists, the court shall set the
case for pre-trial. It shall be the duty of the public prosecutor to appear for the
State at the pre-trial.
Section 10. Social worker. - The court may require a social worker to conduct a case study
and submit the corresponding report at least three days before the pre-trial. The court may
also require a case study at any stage of the case whenever necessary.
Section 11. Pre-trial. -
(1) Pre-trial mandatory. - A pre-trial is mandatory. On motion or motu proprio, the
court shall set the pre-trial after the last pleading has been served and filed, or
upon receipt of the report of the public prosecutor that no collusion exists
between the parties.
(2) Notice of pre-trial. - (a) The notice of pre-trial shall contain:
(1) the date of pre-trial conference; and
(2) an order directing the parties to file and serve their
respective pre-trial briefs in such manner as shall ensure the
receipt thereof by the adverse party at least three days
before the date of pre-trial.
(b) The notice shall be served separately on the parties and their
respective counsels as well as on the public prosecutor. It shall be their
duty to appear personally at the pre-trial.
(c) Notice of pre-trial shall be sent to the respondent even if he fails to
file an answer. In case of summons by publication and the respondent
failed to file his answer, notice of pre-trial shall be sent to respondent
at his last known address.
Section 12. Contents of pre-trial brief. - The pre-trial brief shall contain the following:
(a) A statement of the willingness of the parties to enter into agreements as may
be allowed by law, indicating the desired terms thereof;
(b) A concise statement of their respective claims together with the applicable
laws and authorities;
(c) Admitted facts and proposed stipulations of facts, as well as the disputed
factual and legal issues;
(d) All the evidence to be presented, including expert opinion, if any, briefly
stating or describing the nature and purpose thereof;
(e) The number and names of the witnesses and their respective affidavits; and
(f) Such other matters as the court may require.
Failure to file the pre-trial brief or to comply with its required contents shall have the
same effect as failure to appear at the pre-trial under the succeeding paragraphs.
Section 13. Effect of failure to appear at the pre-trial. - {a) If the petitioner fails to appear
personally, the case shall be dismissed unless his counsel or a duly authorized
representative appears in court and proves a valid excuse for the non-appearance of the
petitioner.
(b) If the respondent has filed his answer but fails to appear, the court shall
proceed with the pre-trial and require the public prosecutor to investigate the
non-appearance of the respondent and submit within fifteen days thereafter a
report to the court stating whether his non-appearance is due to any collusion
between the parties. If there Is no collusion, the court shall require the public
prosecutor to intervene for the State during the trial on the merits to prevent
suppression or fabrication of evidence.
Section 14. Pre-trial conference. -At the pre-trial conference, the court:

(a) May refer the issues to a mediator who shall assist the parties in reaching an
agreement on matters not prohibited by law.
The mediator shall render a report within one month from referral which,
for good reasons, the court may extend for a period not exceeding one month.
(b) In case mediation is not availed of or where it fails, the court shall proceed
with the pre-trial conference, on which occasion it shall consider the advisability
of receiving expert testimony and such other makers as may aid in the prompt
disposition of the petition.
Section 15. Pre-trial order. - {a) The proceedings in the pre-trial shall be recorded. Upon
termination of the pre-trial, the court shall Issue a pre-trial order which shall recite in detail
the matters taken up In the conference, the action taken thereon, the amendments allowed
on the pleadings, and except as to the ground of declaration of nullity or annulment, the
agreements or admissions made by the parties on any of the matters considered, including
any provisional order that may be necessary or agreed upon by the parties.
(b) Should the action proceed to trial, the order shall contain a recital of the
following;
(1) Facts undisputed, admitted, and those which need not be proved
subject to Section 16 of this Rule;
(2) Factual and legal issues to be litigated;
(3) Evidence, including objects and documents, that have been marked
and will be presented;
(4) Names of witnesses who will be presented and their testimonies in
the form of affidavits; and
(5) Schedule of the presentation of evidence.
(c) The pre-trial order shall also contain a directive to the public prosecutor to
appear for the State and take steps to prevent collusion between the parties at
any stage of the proceedings and fabrication or suppression of evidence during
the trial on the merits.
(d) The parlies shall not be allowed to raise issues or present witnesses and
evidence other than those stated in the pre-trial order.
The order shall control the trial of the case, unless modified by the court to
prevent manifest injustice.
(e) The parties shall have five days from receipt of the pre-trial order to propose
corrections or modifications.
Section 16. Prohibited compromise. - The court-shall not allow compromise on prohibited
matters, such as the following:
(a) The civil status of persons;
(b) The validity of a marriage or of a legal separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts; and
(f) Future legitime.
Section 17. Trial. - (1) The presiding judge shall personally conduct the trial of the case. No
delegation of the reception of evidence to a commissioner shall be allowed except as to
matters involving property relations of the spouses.
(2) The grounds for declaration of absolute nullity or annulment of marriage must
be proved. No judgment on the pleadings, summary judgment, or confession of
judgment shall be allowed.
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(3) The court may order the exclusion from the courtroom of all persons,
including members of the press, who do not have a direct interest in the case.
Such an order may be made if the court determines on the record that requiring a
party to testify in open court would not enhance the ascertainment of truth; would
cause to the party psychological harm or inability to effectively communicate due
to embarrassment, fear, or timidity; would violate the right of a party to privacy; or
would be offensive to decency or public morals.
(4) No copy shall be taken nor any examination or perusal of the records of the
case or parts thereof be made by any person other than a party or counsel of a
party, except by order of the court.
Section 18. Memoranda. - The court may require the parties and the public prosecutor, in
consultation with the Office of the Solicitor General, to file their respective memoranda
support of their claims within fifteen days from the date the trial is terminated. It may require
the Office of the Solicitor General to file its own memorandum if the case is of significant
interest to the State. No other pleadings or papers may be submitted without leave of court.
After the lapse of the period herein provided, the case will be considered submitted for
decision, with or without the memoranda.
Section 19. Decision. - (1) If the court renders a decision granting the petition, it shall
declare therein that the decree of absolute nullity or decree of annulment shall be issued by
the court only after compliance with Article 50 and 51 of the Family Code as implemented
under the Rule on Liquidation, Partition and Distribution of Properties.
(2) The parties, including the Solicitor General and the public prosecutor, shall be
served with copies of the decision personally or by registered mail. If the
respondent summoned by publication failed to appear in the action, the
dispositive part of the decision shall be published once in a newspaper of general
circulation.
(3) The decision becomes final upon the expiration of fifteen days from notice to
the parties. Entry of judgment shall be made if no motion for reconsideration or
new trial, or appeal Is filed by any of the parties the public prosecutor, or the
Solicitor General.
(4) Upon the finality of the decision, the court shall forthwith issue the
corresponding decree if the parties have no properties.
If the parties have properties, the court shall observe the procedure prescribed in
Section 21 of this Rule.
The entry of judgment shall be registered in the Civil Registry where the marriage
was recorded and In the Civil Registry where the Family Court'granting the petition for
declaration of absolute nullity or annulment of marriage is located.
Section 20. Appeal. -
(1) Pre-condition. - No appeal from the decision shall be allowed unless the
appellant has filed a motion for reconsideration or new trial within fifteen days
from notice of judgment.
(2) Notice of appeal. - An aggrieved party or the Solicitor General may appeal
from the decision by filing a Notice of Appeal within fifteen days from notice of
denial of the motion for reconsideration or new trial. The appellant shall serve a
copy of the notice of appeal on the adverse parties.
Section 21. Liquidation, partition and distribution, custody, support of common children and
delivery of their presumptive iegltimes. - Upon entry of the judgment granting the petition,
or, in case of appeal, upon receipt of the entry of judgment of the appellate court granting
the petition, the Family Court, on motion of either party, shall proceed with the liquidation,
partition and distribution of the properties of the spouses, including custody, support of
common children and delivery of their presumptive legitimes pursuant to Articles 50 and 51

of the Family Code unless such matters had been adjudicated in previous judicial
proceedings.
Section 22. Issuance of Decree of Declaration of Absolute Nullity or Annulment of
Marriage." (a) The court shall issue the Decree after;
(1) Registration of the entry of judgment granting the petition for
declaration of nullity or annulment of marriage in the Civil Registry
where the marriage was celebrated and in the Civil Registry of the
place where the Family Court is located;
(2) Registration of the approved partition and distribution of the
properties of the spouses, in the proper Register of Deeds where the
real properties are located; and
(3) The delivery of the children's presumptive legitimes in cash,
property, or sound securities.
(b) The court shall quote in the Decree the dispositive portion of the judgment
entered and attach to the Decree the approved deed of partition.
Except in the case of children under Articles 36 and 53 of the Family Code, the court
shall order the Local Civil Registrar to issue an amended birth certificate indicating the new
civil status of the children affected.
Section 23. Registration and publication of the decree; decree as best evidence. - (a) The
prevailing party shall cause the registration of the Decree in the Civil Registry where the
marriage was registered, the Civil Registry of the place where the Family Court is situated,
and in the National Census and Statistics Office. He shall report td the court compliance
with this requirement within thirty days from receipt of the copy of the Decree.
(b) In case service of summons was made by publication, the parties shall cause
the publication of the Decree once in a newspaper of general circulation.
(c) The registered Decree shall be the best evidence to prove the declaration of
absolute nullity or annulment of marriage and shall serve as notice to third
persons concerning the properties of petitioner and respondent as well as the
properties or presumptive legitimes delivered to their common children.
Section 24. Effect of death of a party; duty of the Family Court or Appellate Court. - (a) In
case a party dies at any stage of the proceedings before the entry of judgment, the court
shall order the case closed and terminated, without prejudice to the settlement of the estate
in proper proceedings in the regular courts.
(b) If the party dies after the entry of judgment of nullity or annulment, the
judgment shall be binding upon the parties and their successors in interest in the
settlement of the estate in the regular courts.
Section 25. Effectlvity. - This Rule shall take effect on March 15, 2003 following its
publication in a newspaper of general circulation not later than March 7, 2003.
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PRESIDENTIAL DECREE No. 603 THE CHILD AND YOUTH WELFARE
CODE
TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy. - The Child is one of the most important assets of the
nation. Every effort should be exerted to promote his welfare and enhance his opportunities
for a useful and happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes
should be cultivated to the utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every member
of the family should strive to make the home a wholesome and harmonious place as its
atmosphere and conditions will greatly influence the child's development.
Attachment to the home and strong family ties should be encouraged but not to the extent
of making the home isolated and exclusive and unconcerned with the interests of the
community and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should
receive the aid and support of the government.
Other institutions, like the school, the church, the guild, and the community in general,
should assist the home and the State in the endeavor to prepare the child for the
responsibilities of adulthood.
Article 2. Title and Scope of Code. - The Code shall be known as the Child and Youth
Welfare Code. It shall apply to persons below twenty-one years of age except those
emancipated in accordance with law. "Child" or "minor" or "youth" as used in this Code,
shall refer to such persons.
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth
without distinction as to legitimacy or illegitimacy, sex, social status, religion, political
antecedents, and other factors.
(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.
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his
birth, sex, religion, social status, political antecedents and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his
religion, the teachings of his elders and mentors, and the biddings of a clean
conscience;
(2) Love, respect and obey his parents, and cooperate with them in the
strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness,
and endeavor with them to keep the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by
undergoing a formal education suited to his abilities, in order that he may
become an asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of our people,
the memory of our heroes, the duly constituted authorities, the laws of our
country, and the principles and institutions of democracy;
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(6) Participate actively in civic affairs and in the promotion of the general welfare,
always bearing in mind that it is the youth who will eventually be called upon to
discharge the responsibility of leadership in shaping the nation's future; and
(7) Help in the observance of individual human rights, the strengthening of
freedom everywhere, the fostering of cooperation among nations in the pursuit of
their common aspirations for programs and prosperity, and the furtherance of
world peace.
Article 5. Commencement of Civil Personality. - The civil personality of the child shall
commence from the time of his conception, for all purposes favorable to him, subject to the
requirements of Article 41 of the Civil Code.
Article 6. Abortion. - The abortion of a conceived child, whether such act be intentional or
not, shall be governed by the pertinent provisions of the Revised Penal Code.
Article 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept
strictly confidential and no information relating thereto shall be issued except on the request
of any of the following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or
institution legally in-charge of him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in
administrative, judicial or other official proceedings to determine the identity of
the child's parents or other circumstances surrounding his birth; and
(4) In case of the person's death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two
months or a fine in an amount not exceeding five hundred pesos, or both, in the discretion
of the court.
Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody,
education and property of the child, his welfare shall be the paramount consideration.
Article 9. Levels of Growth. - The child shall be given adequate care, assistance and
guidance through his various levels of growth, from infancy to early and later childhood, to
puberty and adolescence, and when necessary even after he shall have attained age 21.
Article 10. Phases of Development. - The child shall enjoy special protection and shall be
given opportunities and facilities, by law and by other means, to ensure and enable his
fullest development physically, mentally, emotionally, morally, spiritually and socially in a
healthy and normal manner and in conditions of freedom and dignity appropriate to the
corresponding developmental stage.
Article 11. Promotion of Health. - The promotion of the Child's health shall begin with
adequate pre-natal and post-natal care both for him and his mother. All appropriate
measures shall be taken to insure his normal total development.
It shall be the responsibility of the health, welfare, and educational entities to assist the
parents in looking after the health of the child.
Article 12. Education. - The schools and other entities engaged in non-formal education
shall assist the parents in providing the best education for the child.

Article 13. Social and Emotional Growth. - Steps shall be taken to insure the child's healthy
social and emotional growth. These shall be undertaken by the home in collaboration with
the schools and other agencies engaged in the promotion of child welfare.
Article 14. Morality. - High moral principles should be instilled in the child, particularly in the
home, the school, and the church to which he belongs.
Article 15. Spiritual Values. - The promotion of the child's spiritual well-being according to
the precepts of his religion should, as much as possible, be encouraged by the State.
Article 16. Civic Conscience. - The civic conscience of the child shall not be overlooked.
He shall be brought up in an atmosphere of universal understanding, tolerance, friendship,
and helpfulness and in full consciousness of his responsibilities as a member of society.
TITLE II
CHILD AND YOUTH WELFARE AND THE HOME
CHAPTER
Parental Authority
SECTION A. In General
Article 17. Joint Parental Authority. - The father and mother shall exercise jointly just and
reasonable parental authority and responsibility over their legitimate or adopted children. In
case of disagreement, the father's decision shall prevail unless there is a judicial order to
the contrary.
In case of the absence or death of either parent, the present or surviving parent shall
continue to exercise parental authority over such children, unless in case of the surviving
parent's remarriage, the court, for justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated
from his mother unless the court finds compelling reasons to do so.
Article 18. Grandparents. - Grandparents shall be consulted on important family questions
but they shall not interfere in the exercise of parental authority by the parents.
Article 19. Absence or Death of Parents. - Grandparents and in their default, the oldest
brother or sister who is at least eighteen years of age, or the relative who has actual
custody of the child, shall exercise parental authority in case of absence or death of both
parents, unless a guardian has been appointed in accordance with the succeeding
provision.
Article 20. Guardian. - The court may, upon the death of the parents and in the cases
mentioned in Arts. 328 to 332 of the Civil Code, appoint a guardian for the person and
property of the child, on petition of any relative or friend of the family or the Department of
Social Welfare.
Article 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned or
neglected child shall be under the parental authority of a suitable or accredited person or
institution that is caring for him as provided for under the four preceding articles, after the
child has been declared abandoned by either the court or the Department of Social
Welfare.
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Article 22. Transfer to the Department of Social Welfare. - The dependent, abandoned or
neglected child may be transferred to the care of the Department of Social Welfare or a
duly licensed child-caring institution or individual in accordance with Articles 142 and 154 of
this Code, or upon the request of the person or institution exercising parental authority over
him.
From the time of such transfer, the Department of Social Welfare or the duly licensed child-
caring institution or individual shall be considered the guardian of the child for all intents
and purposes.
Article 23. Case Study. - It shall be the duty of the Department of Social Welfare to make a
case study of every child who is the subject of guardianship or custody proceedings and to
submit its report and recommendations on the matter to the court for its guidance.
Article 24. Intervention of Department of Social Welfare. - The Department of Social
Welfare shall intervene on behalf of the child if it finds, after its case study, that the petition
for guardianship or custody should be denied.
Article 25. Hearings Confidential. - The hearing on guardianship and custody proceedings
I may, at the discretion of the court, be closed to the public and the records thereof shall not
be released without its approval.
Article 26. Repealing Clause. - All provisions of the Civil Code on parental authority which
are not inconsistent with the provisions of this Chapter shall remain in force: Provided, That
Articles 334 up to 348 inclusive on Adoption, are hereby expressly repealed and replaced
by Section B of this Chapter.
SECTION B. Adoption
Article 27. Who May Adopt. - Any person of age and in full possession of his civil rights
may adopt: Provided, That he is in a position to support and care for his legitimate,
legitimated, acknowledged natural children, or natural children by legal fiction, or other
illegitimate children, in keeping with the means, both material and otherwise, of the family.
In all cases of adoption the adopter must be at least fifteen years older than the person to
be adopted.
Article 28. Who May Not Adopt. - The following persons may not adopt:
1. A married person without the written consent of the spouse;
2. The guardian with respect to the ward prior to final approval of his accounts;
3. Any person who has been convicted of a crime involving moral turpitude;
4. An alien who is disqualified to adopt according to the laws of his own country
or one with whose government the Republic of the Philippines has broken
diplomatic relations.
Article 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt. In such
case, parental authority shall be exercised as if the child were their own by nature.
Article 30. Who May Not Be Adopted. - The following may not be adopted:
1. A married person, without the written consent of the spouse;
2. An alien with whose government the Republic of the Philippines has broken
diplomatic relations;
3. A person who has already been adopted unless the adoption has been
previously revoked or rescinded in accordance with this Chapter.

Article 31. Whose Consent is Necessary. - The written consent of the following to the
adoption shall be necessary:
1. The person to be adopted, if fourteen years of age or over;
2. The natural parents of the child or his legal guardian of the Department of
Social Welfare or any duly licensed child placement agency under whose care
the child may be;
3. The natural children, fourteen years and above, of the adopting parents.
Article 32. Hurried Decisions. - In all proceedings for adoption, steps should be taken by
the court to prevent the natural parents from making hurried decisions caused by strain or
anxiety to give up the child, and to ascertain, that all measures to strengthen the family
have been exhausted and that any prolonged stay of the child in his own home will be
inimical to his welfare and interest.
Article 33. Case Study. - No petition for adoption shall be granted unless the Department
of Social Welfare, or the Social Work and Counselling Division, in case of Juvenile and
Domestic Relations Courts, has made a case study of the child to be adopted, his natural
parents as well as the prospective adopting parents, and has submitted its report and
recommendations on the matter to the court hearing such petition. The Department of
Social Welfare shall intervene on behalf of the child if it finds, after such case study, that
the petition should be denied.
Article 34. Procedure. - The proceedings for adoption shall be governed by the Rules of
Court in so far as they are not in conflict with this Chapter.
Article 35. Trial Custody. - No petition for adoption shall be finally granted unless and until
the adopting parents are given by the court a supervised trial custody period of at least six
months to assess their adjustment and emotional readiness for the legal union. During the
period of trial custody parental authority shall be vested in the adopting parents.
The court may, upon its own motion or on motion of the petitioner, reduce or dispense with
the trial period if it finds that it is to the best interest of the child. In such case, the court
shall state its reasons for reducing said period.
Article 36. Decree of Adoption. - If, after considering the report of the Department of Social
Welfare or duly licensed child placement agency and the evidence submitted before it, the
court is satisfied that the petitioner is qualified to maintain, care for, and educate the child,
that the trial custody period has been completed, and that the best interests of the child will
be promoted by the adoption, a decree of adoption shall be entered, which shall be
effective as of the date the original petition was filed. The decree shall state the name by
which the child is thenceforth to be known.
Article 37. Civil Registry Record. - The adoption shall be recorded in the local civil register
and shall be annotated on the record of birth, and the same shall entitle the adopted person
to the issuance of an amended certificate of birth.
Article 38. Confidential Nature of Proceedings and Records. - All hearings in adoption
cases shall be confidential and shall not be open to the public. All records, books and
papers relating to the adoption cases in the files of the court, of the Department of Social
Welfare, and of any other agency or institution participating in the adoption proceedings,
shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such records,
books and papers is needed, the person or agency requesting the release of the
information may file a petition to the court which entered the decree of adoption for its
release. If the court finds that the disclosure of the information is necessary for purposes
7
connected with or arising out of the adoption and will be for the best interests of the child,
the court may permit the necessary information to be released, restricting the purposes for
which it may be used.
Article 39. Effects of Adoption. - The adoption shall:
1. Give to the adopted person the same rights and duties as if he were a
legitimate child of the adopter: Provided, That an adopted child cannot acquire
Philippine citizenship by virtue of such adoption; lawphi1.net
2. Dissolve the authority vested in the natural parent or parents, except where
the adopter is the spouse of the surviving natural parent;
3. Entitle the adopted person to use the adopter's surname; and
4. Make the adopted person a legal heir of the adopter: Provided, That if the
adopter is survived by legitimate parents or ascendants and by an adopted
person, the latter shall not have more successional rights than an acknowledged
natural child: Provided, further, That any property received gratuitously by the
adopted from the adopter shall revert to the adopter should the former
predecease the latter without legitimate issue unless the adopted has, during his
lifetime, alienated such property: Provided, finally, That in the last case, should
the adopted leave no property other than that received from the adopter, and he
is survived by illegitimate issue or a spouse, such illegitimate issue collectively or
the spouse shall receive one-fourth of such property; if the adopted is survived by
illegitimate issue and a spouse, then the former collectively shall receive one-
fourth and the latter also one-fourth, the rest in any case reverting to the adopter,
observing in the case of the illegitimate issue the proportion provided for in Article
895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature shall
inherit from him, except that if the latter are both dead, the adopting parent or parents take
the place of the natural parents in the line of succession, whether testate or interstate.
Article 40. Rescission by Adopted. - The adopted person or the Department of Social
Welfare or any duly licensed child placement agency if the adopted is still a minor or
otherwise incapacitated, may ask for the rescission of the adoption on the same grounds
that cause the loss of parental authority under the Civil Code.
Article 41. Revocation by Adopter. - The adopter may petition the court for the revocation
of the adoption in any of these cases:
1. If the adopted person has attempted against the life of the adopter and/or his
spouse;
2. When the adopted minor has abandoned the home of the adopter for more
than three years and efforts have been exhausted to locate the minor within the
stated period;
3. When by other acts the adopted person has definitely repudiated the adoption.
Article 42. Effects of Rescission or Revocation. - Where the adopted minor has not
reached the age of majority at the time of the revocation or rescission referred to in the next
preceding articles, the court in the same proceeding shall determine whether he should be
returned to the parental authority of his natural parents or remitted to the Department of
Social Welfare or any duly licensed child placement agency or whether a guardian over his
person and property should be appointed.

Where the adopted child has reached the age of majority, the revocation or rescission, if
and when granted by the court, shall release him from all obligations to his adopting
parents and shall extinguish all his rights against them: Provided, That if the said adopted
person is physically or mentally handicapped as to need a guardian over his person or
property, or both, the court may appoint a guardian in accordance with the provisions of
existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue using
the adopter's surname and the court shall order the amendment of the records in the Civil
Register in accordance with its decision.
CHAPTER II
Rights of Parents
Article 43. 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.
Article 44. Rights Under the Civil Code. - Parents shall continue to exercise the rights
mentioned in Articles 316 to 326 of the Civil Code over the person and property of the child.
Article 45. 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.
CHAPTER III
Duties of Parents
Article 46. General Duties. - Parents shall have the following general duties toward their
children:
1. To give him affection, companionship and understanding;
2. To extend to him the benefits of moral guidance, self-discipline and religious
instruction; lawphi1.net
3. To supervise his activities, including his recreation; lawphi1.net
4. To inculcate in him the value of industry, thrift and self-reliance;
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and
develop his commitment to his country;
6. To advise him properly on any matter affecting his development and well-
being;
7. To always set a good example;
8. To provide him with adequate support, as defined in Article 290 of the Civil
Code; and
9. To administer his property, if any, according to his best interests, subject to the
provisions of Article 320 of the Civil Code.
Article 47. Family Affairs. - Whenever proper, parents shall allow the child to participate in
the discussion of family affairs, especially in matters that particularly concern him. In cases
involving his discipline, the child shall be given a chance to present his side.
Article 48. Winning Child's Confidence. - Parents shall endeavor to win the child's
confidence and to encourage him to conduct with them on his activities and problems.
Article 49. Child Living Away from Home. - If by reason of his studies or for other causes, a
child does not live with his parents, the latter shall communicate with him regularly and visit
8
him as often as possible. The parents shall see to it that the child lives in a safe and
wholesome place and under responsible adult care and supervision.
Article 50. Special Talents. - 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.
Article 51. Reading Habit. - The reading habit should be cultivated in the home. Parents
shall, whenever possible, provide the child with good and wholesome reading material,
taking into consideration his age and emotional development. They shall guard against the
introduction in the home of pornographic and other unwholesome publications.
Article 52. Association with Other Children. - Parents shall encourage the child to
associate with other children of his own age with whom he can develop common interests
of useful and salutary nature. It shall be their duty to know the child's friends and their
activities and to prevent him from falling into bad company. The child should not be allowed
to stay out late at night to the detriment of his health, studies or morals.
Article 53. Community Activities. - Parents shall give the child every opportunity to form or
join social, cultural, educational, recreational, civic or religious organizations or movements
and other useful community activities.
Article 54. Social Gatherings. - When a party or gathering is held, the parents or a
responsible person should be present to supervise the same.
Article 55. Vices. - Parents shall take special care to prevent the child from becoming
addicted to intoxicating drinks, narcotic drugs, smoking, gambling, and other vices or
harmful practices.
Article 56. Choice of career. - The child shall have the right to choose his own career.
Parents may advise him on this matter but should not impose on him their own choice.
Article 57. Marriage. - Subject to the provisions of the Civil Code, the child shall have the
prerogative of choosing his future spouse. Parents should not force or unduly influence him
to marry a person he has not freely chosen.
CHAPTER IV
Liabilities of Parents
Article 58. Torts. - Parents and guardians are responsible for the damage caused by the
child under their parental authority in accordance with the Civil Code.
Article 59. Crimes. - Criminal liability shall attach 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 protection he needs.
3. Sells or abandons the child to another person for valuable consideration.
4. Neglects the child by not giving him the education which the family's station in
life and financial conditions permit.
5. Fails or refuses, without justifiable grounds, to enroll the child as required by
Article 72.
6. 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.

7. 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.
8. 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.
9. Inflicts cruel and unusual punishment upon the child or deliberately subjects
him to indignation and other excessive chastisement that embarrass or humiliate
him.
10. Causes or encourages the child to lead an immoral or dissolute life.
11. Permits the child to possess, handle or carry a deadly weapon, regardless of
its ownership.
12. 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.
"Parents" as here used shall include the guardian and the head of the institution or foster
home which has custody of the child.
Article 60. Penalty. - The act mentioned in the preceding article shall be punishable with
imprisonment from two or six months or a fine not exceeding five hundred pesos, or both,
at the discretion of the Court, unless a higher penalty is provided for in the Revised Penal
Code or special laws, without prejudice to actions for the involuntary commitment of the
child under Title VIII of this Code.
CHAPTER V thorough social case study indicates that he will derive more benefit therefrom.
Assistance to Parents
Article 61. Admonition to Parents. - Whenever a parent or guardian is found to have been
unreasonably neglectful in the performance of his duties toward the child, he shall be
admonished by the Department of Social Welfare or by the local Council for the Protection
of Children referred to in Article 87.
Whenever a child is found delinquent by any court, the father, mother or guardian may be
judicially admonished.
Article 62. Medical and Dental Services. - If the child has special health problems, his
parents shall be entitled to such assistance from the government as may be necessary for
his care and treatment in addition to other benefits provided for under existing law.
Article 63. Financial Aid and Social Services to Needy Families. - Special financial or
material aid and social services shall be given to any needy family, to help maintain the
child or children in the home and prevent their placement elsewhere.
The amount of such aid shall be determined by the Department of Social Welfare, taking
into consideration, among other things, the self-employment of any of the family members
and shall be paid from any funds available for the purpose.
Article 64. Assistance to Widowed or Abandoned Parent and Her Minor Dependents. - The
State shall give assistance to widowed or abandoned parent or where either spouse is on
prolonged absence due to illness, imprisonment, etc. and who is unable to support his/her
children. Financial and other essential social services shall be given by the National
Government or other duly licensed agencies with similar functions to help such parent
acquire the necessary knowledge or skill needed for the proper care and maintenance of
the family.
Article 65. Criterion for Aid. - The criteria to determine eligibility for the aid mentioned in the
next two preceding articles shall be (1) the age of the child or children (2) the financial
9
condition of the family, (3) the degree of deprivation of parental care and support, and (4)
the inability to exercise parental authority.
Article 66. Assistance to Unmarried Mothers and Their Children. - Any unmarried mother
may, before and after the birth of the child, seek the assistance and advice of the
Department of Social Welfare or any duly licensed child placement agency. The said
agencies shall offer specialized professional services which include confidential help and
protection to such mother and her child, including placement of protection to such mother
and child, including placement of such mother's rights, if any, against the father of such
child.
CHAPTER VI
Foster-Care
Article 67. Foster Homes. - Foster Homes shall be chosen and supervised by the
Department of Social Welfare or any duly licensed child placement agency when and as
the need therefore arises. They shall be run by married couples, to be licensed only after
thorough investigation of their character, background, motivation and competence to act as
foster parents.
Article 68. Institutional Care. - Assignment of the child to a foster home shall be preferred
to institutional care. Unless absolutely necessary, no child below nine years of age shall be
placed in an institution. An older child may be taken into an institution for child care if a
Article 69. Day-care service and other substitute parental arrangement. - Day-care and
other substitute parental arrangement shall be provided a child whose parents and relatives
are not able to care for him during the day. Such arrangements shall be the subject of
accreditation and licensing by the Department of Social Welfare.
Article 70. Treatment of Child Under Foster Care. - A child under foster care shall be
given, as much as possible, the affection and understanding that his own parents, if alive or
present, would or should have extended to him. Foster care shall take into consideration
the temporary nature of the placement and shall not alienate the child from his parents.
TITLE III.
CHILD AND YOUTH WELFARE AND EDUCATION
CHAPTER I
Access to Educational Opportunities
Article 71. Admission to Schools. - The state shall see to it that no child is refused
admission in public schools. All parents are required to enroll their children in schools to
complete, at least, an elementary education.
Article 72. Assistance. - To implement effectively the compulsory education policy, all
necessary assistance possible shall be given to parents, specially indigent ones or those
who need the services of children at home, to enable the children to acquire at least an
elementary education. Such assistance may be in the form of special school programs
which may not require continuous attendance in school, or aid in the form of necessary
school supplies, school lunch, or whatever constitutes a bar to a child's attendance in
school or access to elementary education.
Article 73. Nursery School. - To further help promote the welfare of children of working
mothers and indigent parents, and in keeping with the Constitutional provision on the
maintenance of an adequate system of public education, public nursery and kindergarten

schools shall be maintained, whenever possible. The operation and maintenance of such
schools shall be the responsibility of local governments. Aid from local school board funds,
when available, may be provided.
Article 74. Special Classes. - Where needs warrant, there shall be at least special classes
in every province, and, if possible, special schools for the physically handicapped, the
mentally retarded, the emotionally disturbed, and the specially gifted. The private sector
shall be given all the necessary inducement and encouragement to establish such classes
or schools.
Article 75. School Plants and Facilities. - Local school officials and local government
officials shall see to it that school children and students are provided with adequate
schoolrooms and facilities including playground, space, and facilities for sports and physical
development activities. Such officials should see to it that the school environment is free
from hazards to the health and safety of the students and that there are adequate safety
measures for any emergencies such as accessible exits, firefighting equipment, and the
like. All children shall have the free access to adequate dental and medical services.
CHAPTER II
The Home and the School
Article 76. Role of the Home. - The home shall fully support the school in the
implementation of the total school program - curricular and co-curricular - toward the proper
physical, social, intellectual and moral development of the child.
Article 77. Parent-Teacher Associations. - Every elementary and secondary school shall
organize a parent-teacher association for the purpose of providing a forum for the
discussion of problems and their solutions, relating to the total school program, and for
insuring the full cooperation of parents in the efficient implementation of such program. All
parents who have children enrolled in a school are encouraged to be active members of its
PTA, and to comply with whatever obligations and responsibilities such membership
entails.
Parent-Teacher Association all over the country shall aid the municipal and other local
authorities and school officials in the enforcement of juvenile delinquency control
measures, and in the implementation of programs and activities to promote child welfare.
CHAPTER III
Miscellaneous
Article 78. Contributions. - No school shall receive or collect from students, directly or
indirectly, contributions of any kind or form, or for any purpose except those expressly
provided by law, and on occasions of national or local disasters in which case the school
any accept voluntary contribution or aid from students for distribution to victims of such
disasters or calamities.
TITLE IV.
CHILD AND YOUTH WELFARE AND THE CHURCH
Article 79. Rights of the Church. - The State shall respect the rights of the Church in
matters affecting the religious and moral upbringing of the child.
Article 80. Establishment of Schools. - All churches and religious orders, congregations or
groups may, conformably to law, establish schools for the purpose of educating children in
accordance with the tenets of their religion.
10
Article 81. Religious Instruction. - The religious education of children in all public and
private schools is a legitimate concern of the Church to which the students belong. All
churches may offer religious instruction in public and private elementary and secondary
schools, subject to the requirements of the Constitution and existing laws.
Article 82. Assistance to Churches. - Insofar as may be allowed by the Constitution, the
government shall extend to all churches, without discrimination or preference, every
opportunity to exercise their influence and disseminate their teachings.
Article 83. Parents. - Parents shall admonish their children to heed the teachings of their
Church and to perform their religious duties. Whenever possible, parents shall accompany
their children to the regular devotion of their Church and other religious ceremonies.
TITLE V.
CHILD AND YOUTH WELFARE AND THE COMMUNITY
CHAPTER I
Duties in General of the State
Article 84. Community Defined. - As used in this Title, a community shall mean, the local
government, together with the society of individuals or institutions, both public and private,
in which a child lives.
Article 85. Duties of the Community. - To insure the full enjoyment of the right of every child
to live in a society that offers or guarantee him safety, health, good moral environment and
facilities for his wholesome growth and development, it shall be the duty of the community
to:
1. Bring about a healthy environment necessary to the normal growth of children
and the enhancement of their physical, mental and spiritual well-being;
2. Help institutions of learning, whether public or private, achieve the
fundamental objectives of education; lawphi1.net
3. Organize or encourage movements and activities, for the furtherance of the
interests of children and youth;
4. Promote the establishment and maintenance of adequately equipped
playgrounds, parks, and other recreational facilities;
5. Support parent education programs by encouraging its members to attend and
actively participate therein;
6. Assist the State in combating and curtailing juvenile delinquency and in
rehabilitating wayward children;
7. Aid in carrying out special projects for the betterment of children in the remote
areas or belonging to cultural minorities or those who are out of school; and
8. Cooperate with private and public child welfare agencies in providing care,
training and protection to destitute, abandoned, neglected, abused, handicapped
and disturbed children.
CHAPTER II
Community Bodies Dealing with Child Welfare
SECTION A. Barangay Councils
Article 86. Ordinances and Resolutions. - Barangay Councils shall have the authority to
enact ordinances and resolutions not inconsistent with law or municipal ordinances, as may
be necessary to provide for the proper development and welfare of the children in the
community, in consultation with representatives of national agencies concerned with child
and youth welfare.

Article 87. Council for the Protection of Children. - Every barangay council shall encourage
the organization of a local Council for the Protection of Children and shall coordinate with
the Council for the Welfare of Children and Youth in drawing and implementing plans for
the promotion of child and youth welfare. Membership shall be taken from responsible
members of the community including a representative of the youth, as well as
representatives of government and private agencies concerned with the welfare of children
and youth whose area of assignment includes the particular barangay and shall be on a
purely voluntary basis.
Said Council shall:
1. Foster the education of every child in the barangay;
2. Encourage the proper performance of the duties of parents, and provide
learning opportunities on the adequate rearing of children and on positive parent-
child relationship;
3. Protect and assist abandoned or maltreated children and dependents;
4. Take steps to prevent juvenile delinquency and assist parents of children with
behavioral problems so that they can get expert advise;
5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds and day-care centers
and other services that are necessary for child and youth welfare;
7. Coordinate the activities of organizations devoted to the welfare of children
and secure their cooperation; lawphi1.net
8. Promote wholesome entertainment in the community, especially in movie
houses; and
9. Assist parents, whenever necessary in securing expert guidance counseling
from the proper governmental or private welfare agency.
In addition, it shall hold classes and seminars on the proper rearing of the children. It shall
distribute to parents available literature and other information on child guidance. The
Council shall assist parents, with behavioral problems whenever necessary, in securing
expert guidance counseling from the proper governmental or private welfare agency.
Article 88. Barangay Scholarships. - Barangay funds may be appropriated to provide
annual scholarship for indigent children who, in judgment of the Council for the Protection
of Children, deserve public assistance in the development of their potentialities.
Article 89. Youth Associations in Barangays. - Barangay councils shall encourage
membership in civil youth associations and help these organizations attain their objectives.
Article 90. Aid to Youth Associations. - In proper cases, barangay funds may be used for
the payment of the cost of the uniforms and equipment required by these organizations.
SECTION B. Civic Associations of Adults
Article 91. Civic Associations of Adults. - As used in this Title, a civic association shall refer
to any club, organization or association of individuals twenty-one years of age or over,
which is directly or indirectly involved in carrying out child welfare programs and activities.
Article 92. Accounting of Proceeds or Funds. - It shall be the duty of any civic association of
adults holding benefits or soliciting contributions pursuant to the provisions of the next
preceding article, to render an accounting of the proceeds thereof to the Department of
Social Welfare or to the city or municipal treasurer, as the case may be.
Article 93. Functions. - Civic associations and youth associations shall make arrangements
with the appropriate governmental or civic organization for the instruction of youth in useful
trades or crafts to enable them to earn a living.
11
Article 94. Youth Demonstrations. - Any demonstrations sponsored by any civic
associations and youth associations shall be conducted in a peaceful and lawful manner.
Article 95. Unwholesome Entertainment and advertisements. - It shall be the duty of all civic
associations and youth associations to bring to the attention of the proper authorities the
exhibition of indecent shows and the publication, sale or circulation of pornographic
materials.
The Board of Censors or the Radio Control Board may, upon representation of any civic
association, prohibit any movie, television or radio program offensive to the proprieties of
language and behavior.
Commercial advertisements and trailers which are improper for children under eighteen
years of age due to their advocating or unduly suggesting violence, vices, crimes and
immorality, shall not be shown in any movie theater where the main feature is for general
patronage nor shall they be used or shown during or immediately before and after any
television or radio program for children.
Article 96. Complaint Against Child Welfare Agency. - Any civic association and any youth
association may complain to the officials of any public or private child-caring agency about
any act or omission therein prejudicial to the wards of such agency.
If the complaint is not acted upon, it may be brought to the Council for the Protection of
Children or the Department of Social Welfare, which shall promptly investigate the matter
and take such steps as may be necessary.
Article 97. Studies and Researches. - The government shall make available such data and
technical assistance as may be needed by civic associations conducting studies and
researches on matters relating to child welfare, including the prevention of juvenile
delinquency.
Article 98. Exchange Programs. - Student exchange programs sponsored by civic
associations or youth associations shall receive the support and encouragement of the
State.
SECTION C. Youth Associations
Article 99. Youth Associations. - As used in this Title, a youth association shall refer to any
club, organization or association of individuals below twenty-one years of age which is
directly or indirectly involved in carrying out child or youth welfare programs and activities.
Article 100. Rights and Responsibilities. - All youth associations shall enjoy the same rights
and discharge the same responsibilities as civic associations as may be permitted under
existing laws.
Article 101. Student Organizations. - All student organization in public or private schools
shall include in their objectives the cultivation of harmonious relations among their
members and with the various segments of the community.
CHAPTER III
Collaboration Between the Home and the Community
Article 102. Proper Atmosphere for Children. - The home shall aid the community in
maintaining an atmosphere conducive to the proper upbringing of children, particularly with
respect to their preparation for adult life and the conscientious discharge of their civic duties
as a whole.

Article 103. Unwholesome Influence. - The home and the community shall cooperate with
each other in counteracting and eliminating such influences as may be exerted upon
children by useless and harmful amusements and activities, obscene exhibitions and
programs, and establishments inimical to health and morals.
TITLE VI.
CHILD AND YOUTH WELFARE AND THE SAMAHAN
CHAPTER I years of age, the head of the family shall give him an opportunity to complete at least
Duties in General of the Samahan
Article 104. "Samahan" Defined. - As used in this Code, the term "samahan" shall refer to
the aggregate of persons working in commercial, industrial, and agricultural establishments
or enterprises, whether belonging to labor or management.
Article 105. Organization. - The barangay, municipal and city councils, whenever
necessary, shall provide by ordinance for the formation and organization of a samahan in
their respective communities. Membership in the samahan shall be on voluntary basis from
among responsible persons from the various sectors of the community mentioned in the
preceding article.
Article 106. Duties of the Samahan. - The Samahan shall:
1. Prevent the employment of children in any kind of occupation or calling which
is harmful to their normal growth and development;
2. Forestall their exploitation by insuring that their rates of pay, hours of work and
other conditions of employment are in accordance not only with law but also with
equity;
3. Give adequate protection from all hazards to their safety, health, and morals,
and secure to them their basic right to an education; lawphi1.net
4. Help out-of-school youth to learn and earn at the same time by helping them
look for opportunities to engage in economic self-sufficient projects;
5. To coordinate with vocational and handicraft classes in all schools and
agencies in the barangay, municipality or city to arrange for possible marketing of
the products or articles made by the students; and
6. Provide work experience, training and employment in those areas where the
restoration and conservation of our natural resources is deemed necessary.
CHAPTER II
Working Children
Article 107. Employment of Children Below Sixteen Years. - Children below sixteen years
of age may be employed to perform light work which is not harmful to their safety, health or
normal development and which is not prejudicial to their studies.
The provisions of the Labor Code relating to employable age and conditions of employment
of children are hereby adopted as part of this Code insofar as not inconsistent herewith.
Article 108. Duty of Employer to Submit Report. - The employer shall submit to the
Department of Labor a report of all children employed by him. A separate report shall be
made of all such children who are found to be handicapped after medical examination. The
Secretary of Labor shall refer such handicapped children to the proper government or
private agencies for vocational guidance, physical and vocational rehabilitation, and
placement in employment.
Article 109. Register of Children. - Every employer in any commercial, industrial or
agricultural establishment or enterprise shall keep:
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1. A register of all children employed by him, indicating the dates of their birth;
2. A separate file for the written consent to their employment given by their
parents or guardians;
3. A separate file for their educational and medical certificates; and
4. A separate file for special work permits issued by the Secretary of Labor in
accordance with existing laws.
Article 110. Education of Children Employed as Domestics. - If a domestic is under sixteen
elementary education as required under Article 71. The cost of such education shall be a
part of the domestic's compensation unless there is a stipulation to the contrary.
CHAPTER III
Labor-Management Projects
Article 111. Right to Self-Organization. - Working children shall have the same freedoms as
adults to join the collective bargaining union of their own choosing in accordance with
existing law.
Neither management nor any collective bargaining union shall threaten or coerce working
children to join, continue or withdraw as members of such union.
Article 112. Conditions of Employment. - There shall be close collaboration between labor
and management in the observance of the conditions of employment required by law for
working children.
Article 113. Educational Assistance Programs. - The management may allow time off
without loss or reduction of wages for working children with special talents to enable them
to pursue formal studies in technical schools on scholarships financed by management or
by the collective bargaining union or unions.
Article 114. Welfare Programs. - Labor and management shall, in cooperation with the
Women and Minors Bureau of the Department of Labor, undertake projects and in-service
training programs for working children which shall improve their conditions of employment,
improve their capabilities and physical fitness, increase their efficiency, secure
opportunities for their promotion, prepare them for more responsible positions, and provide
for their social, educational and cultural advancement.
Article 115. Research Projects. - Labor and management shall cooperate with any
government or private research project on matters affecting the welfare of working children.
CHAPTER IV
Collaboration Between the Home and the Samahan
Article 116. Collaboration Between the Home and the Samahan. - The home shall assist
the Samahan in the promotion of the welfare of working children and for this purpose shall:
1. Instill in the hearts and minds of working children the value of dignity of labor;
2. Stress the importance of the virtues of honesty; diligence and perseverance in
the discharge of their duties;
3. Counsel them on the provident use of the fruits of their labor for the
enrichment of their lives and the improvement of their economic security; and
4. Protect their general well-being against exploitation by management or unions
as well as against conditions of their work prejudicial to their health, education, or
morals.

TITLE VII.
CHILD AND YOUTH WELFARE AND THE STATE
CHAPTER I definition.
Regulation of Child and Youth Welfare Services
Article 117. Classifications 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, abused,
handicapped, disturbed, or youthful offenders, classified and defined as follows, shall be
coordinated by the Department of Social Welfare:
1. A child-caring institution is one that provides twenty-four 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.
2. 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.
3. 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.
4. 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.
5. Receiving homes are family-type homes 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.
6. A nursery 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.
7. A maternity home is an institution or place of residence whose primary function
is to give shelter and care to pregnant women and their infants before, during
and after delivery.
8. A rehabilitation center is an institution that receives and rehabilitates youthful
offenders or other disturbed children.
9. 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.
10. A child-placing agency is an institution or person assuming the care, custody,
protection and maintenance of children for placement in any child-caring
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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
Article 118. License Required. - No private person, natural or juridical, shall establish,
temporarily 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 defined
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.
Article 119. Guiding Principles. - The protection and best interests 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.
Article 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:
1. That the agency is being used for immoral purposes;
2. That said agency is insolvent or is not in a financial position to support and
maintain the children therein or to perform the functions for which it was granted
license;
3. That the children therein are being neglected or are undernourished;
4. That the place is so unsanitary so as to make it unfit for children;
5. 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
6. 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 risen to the suspension. The aggrieved
agency may appeal the suspension and/or revocation in a proper court action. In
such 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.

Article 121. Responsible Government Body. - The governing body of a child welfare agency
or institution shall be composed of civic leaders or 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.
Article 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 be made for continuing supervision of the children staying in family homes so
long as the children remain in the legal custody of the agency.
Article 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.
Article 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.
Article 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.
Article 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.
Article 127. Adequate Diet. - The licensee shall provide a varied and balanced diet to
satisfy the child's total nutritional requirements.
Article 128. Clothing. - The licensee shall furnish clean, comfortable, and appropriate
clothing for every child under its care.
Article 129. Physical Surroundings and Outings. - The licensee shall maintain a building
adequate both in ventilation and sanitation, and with a safe, clean and spacious
playground.
Regular inexpensive periodic outing shall be an important part of its activities in order to
make the children aware of their vital role in their community and country.
Article 130. Medical and Nursing Care. - The licensee shall provide adequate medical and
nursing care for sick children who may be confined due to illness.
Article 131. Religious Training. - The licensee shall provide opportunities for religious
training to children under its custody, taking into consideration 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.
Article 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
14
operations during the preceding year, including the funds received during said period, the
sources thereof, the purposes for which they were spent and the cash position of the
agency or institution as of the date of the report, number of children admitted, and such
other information as may be required by the Department of Social Welfare.
CHAPTER II
Collaboration Between the Home and the State
Article 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:
1. Puericulture and similar centers;
2. Juvenile courts;
3. Child welfare agencies;
4. Orphanages and other similar institutions; and
5. Children's recreation centers.
Article 134. Puericulture or Health Centers. - Puericulture or health centers shall be
established in every barangay to perform, among other things, the following functions:
1. Disseminate information concerning the health of children and expectant or
nursing mothers;
2. Provide consultation service and treatment, whenever necessary, for the
children and the expectant or nursing mothers;
3. Provide guidance and special treatment to children with physical handicaps;
and
4. Advise child welfare institutions on matters relating to nutrition and hygiene.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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 devolve 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.
Article 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).
TITLE VIII.
SPECIAL CATEGORIES OF CHILDREN
CHAPTER I served on such parent or guardian not less than two days before the time fixed for the
Dependent, Abandoned and Neglected Children
Article 141. Definition of Terms. - As used in this Chapter:
1. 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.
2. 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.
3. A neglected child is one whose basic needs have been deliberately
unattended or inadequately attended. Neglect may occur in two ways:
(a) There is a physical neglect when the child is malnourished, ill clad
and without proper shelter.
(b) A child is unattended when left by himself without provisions for his
needs and/or without proper supervision.
(c) 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.
4. 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:
(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.
Article 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.
Article 143. Contents of Petition: Verification. - The petition for commitment must state so
far as known to the petitioner:
1. The facts showing that the child is dependent, abandoned, or neglected;
2. The names of the parent 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
3. The name of the duly licensed child placement agency or individual to whose
care the commitment of the child is sought.
15
The petition shall be verified and shall be sufficient if based upon the information and belief
of the petitioner.
Article 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
hearing. Such summons shall require them to appear before the court on the date
mentioned.
Article 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 province or city and that the child has no guardian
residing therein.
Article 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.
Article 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.
Article 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.
Article 149. Commitment of Child. - If, 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.
Article 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.
Article 151. Termination of Rights of Parents. - When a child shall have been committed to
the Department of Social Welfare or any duly licensed 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.

Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 157. Visitation or Inspection. - Any duly licensed child placement agency or
individual receiving a judicial order or by 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.
Article 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.
Article 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.
16
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.
Article 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 to induce him to leave such person or institution, except 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.
Article 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.
Article 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.
Article 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 priorly 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 proprio. 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.
Article 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.
Article 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.
Article 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 of 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 proceeding based on such report. Any person disclosing confidential
information in violation of this provision shall be punished by a fine of not less than one
hundred pesos nor more than five thousand pesos, or by imprisonment for not less than
thirty days nor more than one year, or both such fine and imprisonment, at the discretion of
the court.
Article 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 II
Mentally Retarded, Physically Handicapped, Emotionally Disturbed and Mentally Ill
Children
Article 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.
Article 169. Classification of Mental Retardation. - Mental Retardation is divided into four
classifications:
17
1. Custodial Group. The members of this classification are severely or profoundly
retarded, hence, the least capable group. This includes those with I.Q.s to 25.
2. 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 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.
3. 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.
4. Borderline or Low Normal Group. This is the highest group of mentally
retarded, with I.Q.s 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.
Article 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.
Article 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.
Article 172. Mentally Ill 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.
Article 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.
Article 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 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 179. Contents of Petition. - The petition for commitment must state so far as known
to the petitioner:
1. The facts showing that the child appears to be mentally retarded, physically
handicapped, emotionally disturbed or mentally ill and needs institutional care;
2. The Fact that the parents or guardians or any duly licensed disabled child
placement agency, as the case may be, has opposed the commitment of such
child;
3. 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
4. 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.
Article 180. Order of Hearing. - If the petition filed is sufficient in form and 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.
Article 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.
Article 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.
Article 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.
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Article 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.
Article 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.
Article 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:
1. He has been certified by the duly licensed disabled child placement agency to
be no longer a hazard to himself or to the community;
2. He has been sufficiently rehabilitated from his physical handicap or, if of work
age, is already fit to engage in a gainful occupation; or
3. He has been relieved of his emotional problems and complexes and is ready
to assume normal social relations.
Article 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
discharge the child if, in its opinion, his release would be prejudicial to him or to the
community.
Article 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 III
Youthful Offenders
Article 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.
Article 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement
agency concerned to take the youthful 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 form part of the record of the case of the
youthful offender.

Article 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.
Article 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 prescribe.
Article 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.
Article 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.
Article 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.
Article 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.
19
Article 197. Return of the Youth Offender to Court. - Whenever the youthful offender has
been found incorrigible or has wilfully 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.
Article 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.
Article 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 where youthful offenders may serve their sentence in lieu of
confinement in regular penitentiaries.
Article 200. Records of Proceedings. - Where a youthful offender has been charged before
any city or provincial fiscal or before any municipal judge and the charges 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 case 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.
Article 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.
Article 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.
Article 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.
Article 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 wilfully,
1. Aids, causes, abets or connives with the commission by a child of a
delinquency, or
2. 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.
TITLE IX.
COUNCIL FOR THE WELFARE OF CHILDREN AND YOUTH
CHAPTER I
Creation and Composition
Article 205. Creation of the Council for the Welfare of Children. - A Council for the Welfare
of Children is hereby established under the Office of the President. The Council shall be
composed of the Secretary of Social Welfare as Chairman, and seven members, namely:
The Secretary of Justice, the Secretary of Labor, the Secretary of Education and Culture,
the Secretary of Health, the Presiding Judge of the Juvenile and Domestic Relations Court,
City of Manila, and two representatives of voluntary welfare associations to be appointed by
the President of the Philippines, each of whom shall hold office for a term two years.
There shall be a permanent Secretariat for the Council headed by an Executive Director, to
be appointed by the Chairman and approved by a majority of the members of the Council.
For actual attendance at regular meetings, the Chairman and each member of the Council
shall receive a per diem of one hundred pesos for every meeting actually attended, but the
total amount of per diem that the Chairman and a member may receive in a month shall in
no case exceed five hundred pesos.
Article 206. Appropriation. - The sum of five million pesos is hereby appropriated, out of
any funds in the National Treasury not otherwise appropriated, for the operation and
maintenance of the Council for the Welfare of Children and Youth during the fiscal year.
Thereafter, such sums as may be necessary for its operation and maintenance shall be
included in the General Appropriations Decree.
CHAPTER II
Powers and Responsibilities
Article 207. Powers and Functions. - The Council for the Welfare of Children and Youth
shall have the following powers and functions:
1. To coordinate the implementation and enforcement of all laws relative to the
promotion of child and youth welfare;
2. To prepare, submit to the President and circulate copies of long-range
programs and goals for the physical, intellectual , emotional, moral, spiritual, and
20
social development of children and youth, and to submit to him an annual report
of the progress thereof;
3. To formulate policies and devise, introduce, develop and evaluate programs
and services for the general welfare of children and youth;
4. To call upon and utilize any department, bureau, office, agency, or
instrumentality, public, private or voluntary, for such assistance as it may require
in the performance of its functions;
5. Perform such other functions as provided by law.
Article 208. Offices to Coordinate with the Council for Welfare of Children. - The following
offices and agencies shall coordinate with the Council for the Welfare of Children and
Youth in the implementation of laws and programs on child and youth welfare:
1. Department of Justice
2. Department of Social Welfare
3. Department of Education and Culture
4. Department of Labor
5. Department of Health
6. Department of Agriculture
7. Department of Local Government and Community Development;
8. Local Councils for the Protection of Children; and such other government and
private agencies which have programs on child and youth welfare.
Existing as well as proposed programs of the above-named agencies as well as other
government and private child and youth welfare agencies as may be hereafter created shall
be implemented by such agencies: Provided, That, with the exception of those proposed by
the Local Councils for the Protection of Children, all long-range child and youth welfare
programs shall, before implementation, be indorsed by the agencies concerned to their
respective departments, which shall in turn indorse the same to the Council for the Welfare
on Children and Youth, for evaluation, cooperation and coordination.
CHAPTER III
Implementation of Code and Rule-Making Authority
Article 209. Implementation of this Code and Rule-Making Authority. - The enforcement
and implementation of this Code shall be the primary responsibility of the Council for the
Welfare of Children. Said Council shall have authority to promulgate the necessary rules
and regulations for the purpose of carrying into effect the provisions of this Code.
FINAL PROVISIONS
Article 210. General Penalty. - Violations of any provisions of this Code for which no
penalty is specifically provided shall be punished by imprisonment not exceeding one
month or a fine not exceeding two hundred pesos, or both such fine and imprisonment at
the discretion of the court, unless a higher penalty is provided for in the Revised Penal
Code or special laws.
Article 211. Repealing Clause. - All laws or parts of any laws inconsistent with the
provisions of this Code are hereby repealed or modified accordingly: Provided, That the
provisions of the Dangerous Drugs Act of 1972 and amendments thereto shall continue to
be in force and shall not be deemed modified or repealed by any provision of this Code.
Article 212. Separability Clause. - If any provision of this Code is held invalid, the other
provisions not affected thereby shall continue in operation.
Article 213. Effectivity Clause. - This Code shall take effect six months after its approval.

Republic Act No. 8552 February 25, 1998
AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION
OF FILIPINO CHILDREN AND FOR OTHER PURPOSES
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. This Act shall be known as the "Domestic Adoption Act of 1998."
Section 2. Declaration of Policies. (a) It is hereby declared the policy of the State to
ensure that every child remains under the care and custody of his/her parent(s) and be
provided with love, care, understanding and security towards the full and harmonious
development of his/her personality. Only when such efforts prove insufficient and no
appropriate placement or adoption within the child's extended family is available shall
adoption by an unrelated person be considered.
(b) In all matters relating to the care, custody and adoption of a child, his/her interest shall
be the paramount consideration in accordance with the tenets set forth in the United
Nations (UN) Convention on the Rights of the Child; UN Declaration on Social and Legal
Principles Relating to the Protection and Welfare of Children with Special Reference to
Foster Placement and Adoption, Nationally and Internationally; and the Hague Convention
on the Protection of Children and Cooperation in Respect of Intercountry Adoption. Toward
this end, the State shall provide alternative protection and assistance through foster care or
adoption for every child who is neglected, orphaned, or abandoned.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her
parental authority over his/her child;
(ii) Prevent the child from unnecessary separation from his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and
custody over his/her adopted child.
Any voluntary or involuntary termination of parental authority shall be administratively or
judicially declared so as to establish the status of the child as "legally available for
adoption" and his/her custody transferred to the Department of Social Welfare and
Development or to any duly licensed and accredited child-placing or child-caring agency,
which entity shall be authorized to take steps for the permanent placement of the child;
(iv) Conduct public information and educational campaigns to promote a positive
environment for adoption;
(v) Ensure that sufficient capacity exists within government and private sector agencies to
handle adoption inquiries, process domestic adoption applications, and offer adoption-
related services including, but not limited to, parent preparation and post-adoption
education and counseling; and
(vi) Encourage domestic adoption so as to preserve the child's identity and culture in
his/her native land, and only when this is not available shall intercountry adoption be
considered as a last resort.
Section 3. Definition of Terms. For purposes of this Act, the following terms shall be
defined as:
21
(a) "Child" is a person below eighteen (18) years of age.
(b) "A child legally available for adoption" refers to a child who has been voluntarily or
involuntarily committed to the Department or to a duly licensed and accredited child-placing
or child-caring agency, freed of the parental authority of his/her biological parent(s) or
guardian or adopter(s) in case of rescission of adoption.
(c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly relinquishes
parental authority to the Department.
(d) "Involuntarily committed child" is one whose parent(s), known or unknown, has been
permanently and judicially deprived of parental authority due to abandonment; substantial,
continuous, or repeated neglect; abuse; or incompetence to discharge parental
responsibilities.
(e) "Abandoned child" refers to one who has no proper parental care or guardianship or
whose parent(s) has deserted him/her for a period of at least six (6) continuous months and
has been judicially declared as such.
(f) "Supervised trial custody" is a period of time within which a social worker oversees the
adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial
relationship.
(g) "Department" refers to the Department of Social Welfare and Development.
(h) "Child-placing agency" is a duly licensed and accredited agency by the Department to
provide comprehensive child welfare services including, but not limited to, receiving
applications for adoption, evaluating the prospective adoptive parents, and preparing the
adoption home study.
(i) "Child-caring agency" is a duly licensed and accredited agency by the Department that
provides twenty four (24)-hour residential care services for abandoned, orphaned,
neglected, or voluntarily committed children.
(j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth
records that a certain child was born to a person who is not his/her biological mother,
causing such child to lose his/her true identity and status.
ARTICLE II
PRE-ADOPTION SERVICES
Section 4. Counseling Service. The Department shall provide the services of licensed
social workers to the following:
(a) Biological Parent(s) Counseling shall be provided to the parent(s) before and after the
birth of his/her child. No binding commitment to an adoption plan shall be permitted before
the birth of his/her child. A period of six (6) months shall be allowed for the biological
parent(s) to reconsider any decision to relinquish his/her child for adoption before the
decision becomes irrevocable. Counseling and rehabilitation services shall also be offered
to the biological parent(s) after he/she has relinquished his/her child for adoption.
Steps shall be taken by the Department to ensure that no hurried decisions are made and
all alternatives for the child's future and the implications of each alternative have been
provided.

(b) Prospective Adoptive Parent(s) Counseling sessions, adoption fora and seminars,
among others, shall be provided to prospective adoptive parent(s) to resolve possible
adoption issues and to prepare him/her for effective parenting.
(c) Prospective Adoptee Counseling sessions shall be provided to ensure that he/she
understands the nature and effects of adoption and is able to express his/her views on
adoption in accordance with his/her age and level of maturity.
Section 5. Location of Unknown Parent(s). It shall be the duty of the Department or the
child-placing or child-caring agency which has custody of the child to exert all efforts to
locate his/her unknown biological parent(s). If such efforts fail, the child shall be registered
as a foundling and subsequently be the subject of legal proceedings where he/she shall be
declared abandoned.
Section 6. Support Services. The Department shall develop a pre-adoption program
which shall include, among others, the above mentioned services.
ARTICLE III
ELIGIBILITY
Section 7. Who May Adopt. The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of
good moral character, has not been convicted of any crime involving moral turpitude,
emotionally and psychologically capable of caring for children, at least sixteen (16) years
older than the adoptee, and who is in a position to support and care for his/her children in
keeping with the means of the family. The requirement of sixteen (16) year difference
between the age of the adopter and adoptee may be waived when the adopter is the
biological parent of the adoptee, or is the spouse of the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino nationals:
Provided, That his/her country has diplomatic relations with the Republic of the Philippines,
that he/she has been living in the Philippines for at least three (3) continuous years prior to
the filing of the application for adoption and maintains such residence until the adoption
decree is entered, that he/she has been certified by his/her diplomatic or consular office or
any appropriate government agency that he/she has the legal capacity to adopt in his/her
country, and that his/her government allows the adoptee to enter his/her country as his/her
adopted son/daughter: Provided, Further, That the requirements on residency and
certification of the alien's qualification to adopt in his/her country may be waived for the
following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse;
or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her
spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino
spouse; or
(c) The guardian with respect to the ward after the termination of the guardianship and
clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided,
However, that the other spouse has signified his/her consent thereto; or
22
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter
of the other, joint parental authority shall be exercised by the spouses.
Section 8. Who May Be Adopted. The following may be adopted:
(a) Any person below eighteen (18) years of age who has been administratively or judicially
declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of
legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings
shall be initiated within six (6) months from the time of death of said parent(s).
Section 9. Whose Consent is Necessary to the Adoption. After being properly counseled
and informed of his/her right to give or withhold his/her approval of the adoption, the written
consent of the following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the
proper government instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of
the adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter
if living with said adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted.
ARTICLE IV
PROCEDURE
Section 10. Hurried Decisions. In all proceedings for adoption, the court shall require
proof that the biological parent(s) has been properly counseled to prevent him/her from
making hurried decisions caused by strain or anxiety to give up the child, and to sustain
that all measures to strengthen the family have been exhausted and that any prolonged
stay of the child in his/her own home will be inimical to his/her welfare and interest.
Section 11. Case Study. No petition for adoption shall be set for hearing unless a
licensed social worker of the Department, the social service office of the local government
unit, or any child-placing or child-caring agency has made a case study of the adoptee,
his/her biological parent(s), as well as the adopter(s), and has submitted the report and
recommendations on the matter to the court hearing such petition.
At the time of preparation of the adoptee's case study, the concerned social worker shall
confirm with the Civil Registry the real identity and registered name of the adoptee. If the
birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility
of the concerned social worker to ensure that the adoptee is registered.
The case study on the adoptee shall establish that he/she is legally available for adoption
and that the documents to support this fact are valid and authentic. Further, the case study
of the adopter(s) shall ascertain his/her genuine intentions and that the adoption is in the
best interest of the child.
The Department shall intervene on behalf of the adoptee if it finds, after the conduct of the
case studies, that the petition should be denied. The case studies and other relevant

documents and records pertaining to the adoptee and the adoption shall be preserved by
the Department.
Section 12. Supervised Trial Custody. No petition for adoption shall be finally granted
until the adopter(s) has been given by the court a supervised trial custody period for at least
six (6) months within which the parties are expected to adjust psychologically and
emotionally to each other and establish a bonding relationship. During said period,
temporary parental authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any party reduce the trial period if it finds the
same to be in the best interest of the adoptee, stating the reasons for the reduction of the
period. However, for alien adopter(s), he/she must complete the six (6)-month trial custody
except for those enumerated in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is placed with the prospective adopter(s)
through a pre-adoption placement authority issued by the Department, the prospective
adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from the date
the adoptee is placed with the prospective adopter(s).
Section 13. Decree of Adoption. If, after the publication of the order of hearing has been
complied with, and no opposition has been interposed to the petition, and after
consideration of the case studies, the qualifications of the adopter(s), trial custody report
and the evidence submitted, the court is convinced that the petitioners are qualified to
adopt, and that the adoption would redound to the best interest of the adoptee, a decree of
adoption shall be entered which shall be effective as of the date the original petition was
filed. This provision shall also apply in case the petitioner(s) dies before the issuance of the
decree of adoption to protect the interest of the adoptee. The decree shall state the name
by which the child is to be known.
Section 14. Civil Registry Record. An amended certificate of birth shall be issued by the
Civil Registry, as required by the Rules of Court, attesting to the fact that the adoptee is the
child of the adopter(s) by being registered with his/her surname. The original certificate of
birth shall be stamped "cancelled" with the annotation of the issuance of an amended birth
certificate in its place and shall be sealed in the civil registry records. The new birth
certificate to be issued to the adoptee shall not bear any notation that it is an amended
issue.
Section 15. Confidential Nature of Proceedings and Records. All hearings in adoption
cases shall be confidential and shall not be open to the public. All records, books, and
papers relating to the adoption cases in the files of the court, the Department, or any other
agency or institution participating in the adoption proceedings shall be kept strictly
confidential.
If the court finds that the disclosure of the information to a third person is necessary for
purposes connected with or arising out of the adoption and will be for the best interest of
the adoptee, the court may merit the necessary information to be released, restricting the
purposes for which it may be used.
ARTICLE V
EFFECTS OF ADOPTION
Section 16. Parental Authority. Except in cases where the biological parent is the spouse
of the adopter, all legal ties between the biological parent(s) and the adoptee shall be
severed and the same shall then be vested on the adopter(s).
Section 17. Legitimacy. The adoptee shall be considered the legitimate son/daughter of
the adopter(s) for all intents and purposes and as such is entitled to all the rights and
23
obligations provided by law to legitimate sons/daughters born to them without
discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and
support in keeping with the means of the family.
Section 18. Succession. In legal and intestate succession, the adopter(s) and the
adoptee shall have reciprocal rights of succession without distinction from legitimate
filiation. However, if the adoptee and his/her biological parent(s) had left a will, the law on
testamentary succession shall govern.
ARTICLE VI
RESCISSION OF ADOPTION
Section 19. Grounds for Rescission of Adoption. Upon petition of the adoptee, with the
assistance of the Department if a minor or if over eighteen (18) years of age but is
incapacitated, as guardian/counsel, the adoption may be rescinded on any of the following
grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counseling; (b) attempt on the life of the adoptee; (c)
sexual assault or violence; or (d) abandonment and failure to comply with parental
obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the
adopter(s). However, the adopter(s) may disinherit the adoptee for causes provided in
Article 919 of the Civil Code.
Section 20. Effects of Rescission. If the petition is granted, the parental authority of the
adoptee's biological parent(s), if known, or the legal custody of the Department shall be
restored if the adoptee is still a minor or incapacitated. The reciprocal rights and obligations
of the adopter(s) and the adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of the
adoptee and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of
judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be
respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties
imposable under the Penal Code if the criminal acts are properly proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. (a) The penalty of imprisonment ranging from six (6)
years and one (1) day to twelve (12) years and/or a fine not less than Fifty thousand pesos
(P50,000.00), but not more than Two hundred thousand pesos (P200,000.00) at the
discretion of the court shall be imposed on any person who shall commit any of the
following acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud, improper
material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law for adoption;
or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.

(b) Any person who shall cause the fictitious registration of the birth of a child under the
name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of
birth, and shall be punished by prision mayor in its medium period and a fine not exceeding
Fifty thousand pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of his/her oath of office, shall
cooperate in the execution of the abovementioned crime shall suffer the penalties herein
prescribed and also the penalty of permanent disqualification.
Any person who shall violate established regulations relating to the confidentiality and
integrity of records, documents, and communications of adoption applications, cases, and
processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1)
day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000.00) but not
more than Ten thousand pesos (P10,000.00), at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the consummated offense
under this Article shall be imposed upon the principals of the attempt to commit any of the
acts herein enumerated. Acts punishable under this Article, when committed by a syndicate
or where it involves two (2) or more children shall be considered as an offense constituting
child trafficking and shall merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring and/or confederating with one another in
carrying out any of the unlawful acts defined under this Article. Penalties as are herein
provided, shall be in addition to any other penalties which may be imposed for the same
acts punishable under other laws, ordinances, executive orders, and proclamations.
When the offender is an alien, he/she shall be deported immediately after service of
sentence and perpetually excluded from entry to the country.
Any government official, employee or functionary who shall be found guilty of violating any
of the provisions of this Act, or who shall conspire with private individuals shall, in addition
to the above-prescribed penalties, be penalized in accordance with existing civil service
laws, rules and regulations: Provided, That upon the filing of a case, either administrative or
criminal, said government official, employee, or functionary concerned shall automatically
suffer suspension until the resolution of the case.
Section 22. Rectification of Simulated Births. A person who has, prior to the effectivity of
this Act, simulated the birth of a child shall not be punished for such act: Provided, That the
simulation of birth was made for the best interest of the child and that he/she has been
consistently considered and treated by that person as his/her own son/daughter: Provided,
further, That the application for correction of the birth registration and petition for adoption
shall be filed within five (5) years from the effectivity of this Act and completed thereafter:
Provided, finally, That such person complies with the procedure as specified in Article IV of
this Act and other requirements as determined by the Department.
ARTICLE VIII
FINAL PROVISIONS
Section 23. Adoption Resource and Referral Office. There shall be established an
Adoption Resources and Referral Office under the Department with the following functions:
(a) monitor the existence, number, and flow of children legally available for adoption and
prospective adopter(s) so as to facilitate their matching; (b) maintain a nationwide
information and educational campaign on domestic adoption; (c) keep records of adoption
proceedings; (d) generate resources to help child-caring and child-placing agencies and
foster homes maintain viability; and (e) do policy research in collaboration with the
24
Intercountry Adoption Board and other concerned agencies. The office shall be manned by
adoption experts from the public and private sectors.
Section 24. Implementing Rules and Regulations. Within six (6) months from the
promulgation of this Act, the Department, with the Council for the Welfare of Children, the
Office of Civil Registry General, the Department of Justice, Office of the Solicitor General,
and two (2) private individuals representing child-placing and child-caring agencies shall
formulate the necessary guidelines to make the provisions of this Act operative.
Section 25. Appropriations. Such sum as may be necessary for the implementation of the
provisions of this Act shall be included in the General Appropriations Act of the year
following its enactment into law and thereafter.
Section 26. Repealing Clause. Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent with
the provisions of this Act is hereby repealed, modified, or amended accordingly.
Section 27. Separability Clause. If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
Section 28. Effectivity Clause. This Act shall take effect fifteen (15) days following its
complete publication in any newspaper of general circulation or in the Official Gazette.
Approved: February 25, 1998
REPUBLIC ACT NO. 8043 AN ACT ESTABLISHING THE RULES TO
GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR OTHER
PURPOSES.
ARTICLE I GENERAL PROVISIONS
Section 1. Short Title. This Act shall be known as the "Inter-Country Adoption Act of
1995."
Sec. 2. Declaration of Policy. It is hereby declared the policy of the State to provide
every neglected and abandoned child with a family that will provide such child with love and
care as well as opportunities for growth and development. Towards this end, efforts shall
be exerted to place the child with an adoptive family in the Philippines. However,
recognizing that inter-country adoption may be considered as allowing aliens not presently
allowed by law to adopt Filipino children if such children cannot be adopted by qualified
Filipino citizens or aliens, the State shall take measures to ensure that inter-country
adoptions are allowed when the same shall prove beneficial to the child's best interests,
and shall serve and protect his/her fundamental rights.chan robles virtual law library
Sec. 3. Definition of Terms. As used in this Act. the term:
(a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a
foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the decree of adoption is issued outside the
Philippines.
(b) Child means a person below fifteen (15) years of age unless sooner emancipated by
law.
(c) Department refers to the Department of Social Welfare and Development of the
Republic of the Philippines.
(d) Secretary refers to the Secretary of the Department of Social Welfare and Development.

(e) Authorized and accredited agency refers to the State welfare agency or a licensed
adoption agency in the country of the adopting parents which provide comprehensive social
services and which is duly recognized by the Department.
(f) Legally-free child means a child who has been voluntarily or involuntarily committed to
the Department, in accordance with the Child and Youth Welfare Code.
(g) Matching refers to the judicious pairing of the adoptive child and the applicant to
promote a mutually satisfying parent-child relationship.
(h) Board refers to the Inter-country Adoption Board.
ARTICLE II THE INTER-COUNTRY ADOPTION BOARD
Sec. 4. The Inter-Country Adoption Board. There is hereby created the Inter-Country
Adoption Board, hereinafter referred to as the Board to act as the central authority in
matters relating to inter-country adoption. It shall act as the policy-making body for
purposes of carrying out the provisions of this Act, in consultation and coordination with the
Department, the different child-care and placement agencies, adoptive agencies, as well as
non-governmental organizations engaged in child-care and placement activities. As such, it
shall:
(a) Protect the Filipino child from abuse, exploitation, trafficking and/or sale or any other
practice in connection with adoption which is harmful, detrimental, or prejudicial to the child;
(b) Collect, maintain, and preserve confidential information about the child and the
adoptive parents;
(c) Monitor, follow up, and facilitate completion of adoption of the child through authorized
and accredited agency;
(d) Prevent improper financial or other gain in connection with an adoption and deter
improper practices contrary to this Act;
(e) Promote the development of adoption services including post-legal adoption;
(f) License and accredit child-caring/placement agencies and collaborate with them in the
placement of Filipino children;
(g) Accredit and authorize foreign adoption agency in the placement of Filipino children in
their own country; and
(h) Cancel the license to operate and blacklist the child-caring and placement agency or
adoptive agency involved from the accreditation list of the Board upon a finding of violation
of any provision under this Act.
Sec. 5. Composition of the Board. The Board shall be composed of the Secretary of the
Department as ex officio Chairman, and six (6) other members to be appointed by the
President for a nonrenewable term of six (6) years: Provided, That there shall be appointed
one (1) psychiatrist or psychologist, two (2) lawyers who shall have at least the
qualifications of a regional trial court judge, one (1) registered social worker and two (2)
representatives from non-governmental organizations engaged in child-caring and
placement activities. The members of the Board shall receive a per diem allowance of One
thousand five hundred pesos (P1,500) for each meeting attended by them: Provided,
further, That no compensation shall be paid for more than four (4) meetings a month.chan
robles virtual law library
Sec. 6. Powers and Functions of the Board. The Board shall have the following powers
and functions:chanroblesvirtualawlibrary
(a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the
provisions of this Act, after consultation and upon favorable recommendation of the
different agencies concerned with the child-caring, placement, and adoption;
(b) to set the guidelines for the convening of an Inter-country Adoption Placement
Committee which shall be under the direct supervision of the Board;
(c) to set the guidelines for the manner by which selection/matching of prospective adoptive
parents and adoptive child can be made;
25
(d) to determine a reasonable schedule of fees and charges to be exacted in connection
with the application for adoption;
(e) to determine the form and contents of the application for inter-country adoption;
(g) to institute systems and procedures to prevent improper financial gain in connection
with adoption and deter improper practices which are contrary to this Act;
(h) to promote the development of adoption services, including post-legal adoption
services,
(i) to accredit and authorize foreign private adoption agencies which have demonstrated
professionalism, competence and have consistently pursued non-profit objectives to
engage in the placement of Filipino children in their own country: Provided, That such
foreign private agencies are duly authorized and accredited by their own government to
conduct inter-country adoption: Provided, however, That the total number of authorized and
accredited foreign private adoption agencies shall not exceed one hundred (100) a year;
(j) to take appropriate measures to ensure confidentiality of the records of the child, the
natural parents and the adoptive parents at all times;
(k) to prepare, review or modify, and thereafter, recommend to the Department of Foreign
Affairs, Memoranda of Agreement respecting inter-country adoption consistent with the
implementation of this Act and its stated goals, entered into, between and among foreign
governments, international organizations and recognized international non-governmental
organizations;
(l) to assist other concerned agencies and the courts in the implementation of this Act,
particularly as regards coordination with foreign persons, agencies and other entities
involved in the process of adoption and the physical transfer of the child; and
(m) to perform such other functions on matters relating to inter-country adoption as may be
determined by the President.
ARTICLE III PROCEDURE
Sec. 7. Inter-Country Adoption as the Last Resort. The Board shall ensure that all
possibilities for adoption of the child under the Family Code have been exhausted and that
inter-country adoption is in the best interest of the child. Towards this end, the Board shall
set up the guidelines to ensure that steps will be taken to place the child in the Philippines
before the child is placed for inter-country adoption: Provided, however, That the maximum
number that may be allowed for foreign adoption shall not exceed six hundred (600) a year
for the first five (5) years.chan robles virtual law library
Sec. 8. Who May be Adopted. Only a legally free child may be the subject of inter-
country adoption. In order that such child may be considered for placement, the following
documents must be submitted to the Board:
(a)Child study;
(b)Birth certificate/foundling certificate;
(c)Deed of voluntary commitment/decree of abandonment/death certificate of parents;
(d)Medical evaluation /history;
(e)Psychological evaluation, as necessary; and
(f)Recent photo of the child.
Sec. 9. Who May Adopt. An alien or a Filipino citizen permanently residing abroad may
file an application for inter-country adoption of a Filipino child if he/she
(a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the
child to be adopted, at the time of application unless the adopter is the parent by nature of
the child to be adopted or the spouse of such parent;
(b) if married, his/her spouse must jointly file for the adoption;
(c) has the capacity to act and assume all rights and responsibilities of parental authority
under his national laws, and has undergone the appropriate counseling from an accredited
counselor in his/her country;

(d) has not been convicted of a crime involving moral turpitude;
(e) is eligible to adopt under his/her national law;
(f) is in a position to provide the proper care and support and to give the necessary moral
values and example to all his children, including the child to be adopted;
(g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the
U.N. Convention on the Rights of the Child, and to abide by the rules and regulations
issued to implement the provisions of this Act;
(h) comes from a country with whom the Philippines has diplomatic relations and whose
government maintains a similarly authorized and accredited agency and that adoption is
allowed under his/her national laws; and
(i) possesses all the qualifications and none of the disqualifications provided herein and in
other applicable Philippine laws.
Sec. 10. Where to File Application. An application to adopt a Filipino child shall be filed
either with the Philippine Regional Trial Court having jurisdiction over the child, or with the
Board, through an intermediate agency, whether governmental or an authorized and
accredited agency, in the country of the prospective adoptive parents, which application
shall be in accordance with the requirements as set forth in the implementing rules and
regulations to be promulgated by the Board.
The application shall be supported by the following documents written and officially
translated in English.
(a) Birth certificate of applicant(s);
(b) Marriage contract, if married, and divorce decree, if applicable;
(c) Written consent of their biological or adoptive children above ten (10) years of age, in
the form of sworn statement;
(d) Physical, medical and psychological evaluation by a duly licensed physician and
psychologist;
(e) Income tax returns or any document showing the financial capability of the applicant(s);
(f) Police clearance of applicant(s);
(g) Character reference from the local church/minister, the applicant's employer and a
member of the immediate community who have known the applicant(s) for at least five (5)
years; and
(h) Recent postcard-size pictures of the applicant(s) and his immediate family;
The Rules of Court shall apply in case of adoption by judicial proceedings.
Sec. 11. Family Selection/Matching. No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the child cannot be adopted locally. The
clearance, as issued by the Board, with the copy of the minutes of the meetings, shall form
part of the records of the child to be adopted. When the Board is ready to transmit the
Placement Authority to the authorized and accredited inter-country adoption agency and all
the travel documents of the child are ready, the adoptive parents, or any one of them, shall
personally fetch the child in the Philippines.chan robles virtual law library
Sec. 12. Pre-adoptive Placement Costs. The applicant(s) shall bear the following costs
incidental to the placement of the child;
(a) The cost of bringing the child from the Philippines to the residence of the applicant(s)
abroad, including all travel expenses within the Philippines and abroad; and
(b) The cost of passport, visa, medical examination and psychological evaluation required,
and other related expenses.
Sec. 13. Fees, Charges and Assessments. Fees, charges, and assessments collected
by the Board in the exercise of its functions shall be used solely to process applications for
inter-country adoption and to support the activities of the Board.
26
Sec. 14. Supervision of Trial Custody. The governmental agency or the authorized and
accredited agency in the country of the adoptive parents which filed the application for
inter-country adoption shall be responsible for the trial custody and the care of the child. It
shall also provide family counseling and other related services. The trial custody shall be
for a period of six (6) months from the time of placement. Only after the lapse of the period
of trial custody shall a decree of adoption be issued in the said country a copy of which
shall be sent to the Board to form part of the records of the child.chan robles virtual law
library
During the trial custody, the adopting parent(s) shall submit to the governmental agency or
the authorized and accredited agency, which shall in turn transmit a copy to the Board, a
progress report of the child's adjustment. The progress report shall be taken into
consideration in deciding whether or not to issue the decree of adoption.
The Department of Foreign Affairs shall set up a system by which Filipino children sent
abroad for trial custody are monitored and checked as reported by the authorized and
accredited inter-country adoption agency as well as the repatriation to the Philippines of a
Filipino child whose adoption has not been approved.
Sec. 15. Executive Agreements. The Department of Foreign Affairs, upon representation
of the Board, shall cause the preparation of Executive Agreements with countries of the
foreign adoption agencies to ensure the legitimate concurrence of said countries in
upholding the safeguards provided by this Act.
ARTICLE IV
PENALTIES
Sec. 16. Penalties. (a) Any person who shall knowingly participate in the conduct or
carrying out of an illegal adoption, in violation of the provisions of this Act, shall be
punished with a penalty of imprisonment ranging from six (6) years and one (1) day to
twelve (12) years and/or a fine of not less than Fifty thousand pesos (P50,000), but not
more than Two hundred thousand pesos (P200.000), at the discretion of the court. For
purposes of this Act, an adoption is illegal if it is effected in any manner contrary to the
provisions of this Act or established State policies, its implementing rules and regulations,
executive agreements, and other laws pertaining to adoption. Illegality may be presumed
from the following acts:
(1)consent for an adoption was acquired through, or attended by coercion, fraud, improper
material inducement;
(2)there is no authority from the Board to effect adoption;
(3)the procedures and safeguards placed under the law for adoption were not complied
with; and
(4)the child to be adopted is subjected to, or exposed to danger, abuse and exploitation.
(b)Any person who shall violate established regulations relating to the confidentiality and
integrity of records, documents and communications of adoption applications, cases and
processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1)
day to two (2) years, and/or a fine of not less than Five thousand pesos (P5,000), but not
more than Ten thousand pesos (P10,000), at the discretion of the court.

A penalty lower by two (2) degrees than that prescribed for the consummated felony under
this Article shall be imposed upon the principals of the attempt to commit any of the acts
herein enumerated.
Acts punishable under this Article, when committed by a syndicate or where it involves two
or more children shall be considered as an offense constituting child trafficking and shall
merit the penalty of reclusion perpetua.
Acts punishable under this Article are deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring and/or confederating with one another in
carrying out any of the unlawful acts defined under this Article.Penalties as are herein
provided shall be in addition to any other penalties which may be imposed for the same
acts punishable under other laws, ordinances, executive orders, and proclamations.chan
robles virtual law library
Sec. 17. Public Officers as Offenders. Any government official, employee or functionary
who shall be found guilty of violating any of the provisions of this Act, or who shall conspire
with private individuals shall, in addition to the above-prescribed penalties, be penalized in
accordance with existing civil service laws, rules and regulations: Provided, That upon the
filing of a case, either administrative or criminal, said government official, employee or
functionary concerned shall automatically suffer suspension until the resolution of the case.
ARTICLE V FINAL PROVISIONS
Sec. 18. Implementing Rules and Regulations. The Inter-country Adoption Board, in
coordination with the Council for the Welfare of Children, the Department of Foreign Affairs,
and the Department of Justice, after due consultation with agencies involved in child-care
and placement, shall promulgate the necessary rules and regulations to implement the
provisions of this Act within six (6) months after its effectivity.
Sec. 19. Appropriations. The amount of Five million pesos (P5,000,000) is hereby
appropriated from the proceeds of the Lotto for the initial operations of the Board and
subsequently the appropriations of the same shall be included in the General
Appropriations Act for the year following its enactment.
Sec. 20. Separability Clause. If any provision, or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected, shall
remain valid and subsisting.
Sec. 21. Repealing Clause. Any law, decree, executive order, administrative order or
rules and regulations contrary to, or inconsistent with the provisions of this Act are hereby
repealed, modified or amended accordingly.chan robles virtual law library
Sec. 22. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of general circulation.
Approved: June 7, 1995
27
Republic Act No. 9255 February 24 2004
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR
FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO.
209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code
of the Philippines, is hereby amended to read as follows:
"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."
SECTION 2. Repealing Clause. All laws, presidential decrees, executive orders,
proclamations, rules and regulations, which are inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.
SECTION 3. Effectivity Clause. This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in two (2) newspapers of general circulation.
REPUBLIC ACT NO. 9255 -ADMINISTRATIVE ORDER NO. 1 SERIES OF
2016
REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9255
(An Act Allowing Illegitimate Children to Use the Surname of Their Father, Amending
for the Purpose Article 176 of Executive Order No. 209, Otherwise Known as the
"Family Code of the Philippines")
As mandated by Republic Act No. 10625, the Civil Registrar General promulgates the
Revised Implementing Rules and Regulations of Republic Act No. 9255 based on the
Supreme Court Ruling in the case of "Grande vs . Antonio ", G.R. 206248 dated February
18, 2014.
Rule 1. Coverage
This Revised Implementing Rules and Regulations shall apply to all illegitimate children
born during the effectivity of R.A. No. 9255 ;
Rule 2. Definition of Terms
As used in this Revised Implementing Rules and Regulations , the following terms shall
mean:
2.1 Public Document refers to the Affidavit of Admission of Paternity and other public
documents enumerated under Memorandum Circular 04-12 dated October 18, 2004
attached as Annex A.

2.2 Private Handwritten Instrument is an instrument in the handwriting of the father and
duly signed by him where he expressly recognizes the paternity of the child during his
life.time.
2.3 Affidavit to Use the Surname of the Father (AUSF) is an instrument executed in order
to use the surname of the father . The AUSF is a registrable document.
2.4 Local Civil Registry Office (LCRO) is a department in the city or municipal government
mandated to perform civil registration functions .
2.5 Philippine Foreign Service Post (PFSP) refers to all Philippine embassies , missions ,
consulates general and other foreign service establishments maintained by the
Department of Foreign Affairs
(Section 5[k] of Republic Act No. 7157 (An Act Revising Republic Act No. 708, as
amended).
As used in this Revised Implementing Rules and Regulations, the PFSP shall refer only to
Embassies and Consulates General of the Philippines abroad. The Embassy is headed by
an Ambassador while the Consulate General is headed by a Consul General. The
Ambassador is the head of the PFSP while a Consulate General is headed by the Consul
General who has also Consul and/or Vice Consul to assist him in the performance of the
consular functions. An Embassy has a Consular Section and this is under the Consul
General who supervises the consular functions of the Embassy.
2.6 The Civil Registrar General (CRG) is the head of the Philippine Statistics
Authority who has the power to issue orders and instructions to the Local Civil
Registrars regarding the performance of their duties.
2.7 Guardian refers to a person lawfully invested with the power, and charged with the
duty, of taking care of one who, for defect of age, understanding, or self control , is
considered incapable of administering his own affairs . The term "guardian " also refers
to those authorized to exercise substitute parental authority over the child in default of
parents or a judicially-appointed guardian (Title IX, Family Code). Those exercising
substitute parental authority are the following :
1) The surviving grandparent, as provided in Article 214, Family Code of the
Philippines;
2) The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article
216(2), Family Code; and
3) The child's actual custodian , over 21 years of age , unless unfit or disqualified , as
provided in Article 216(3), Family Code of the Philippines.
2.8 Certificate of Live Birth (COLB) or Municipal Form No. 102 is the prescribed form used
for the declaration of facts and circumstances surrounding the birth of a person for
purposes of registration.
2.9 Report of Birth (ROB) is the prescribed form used for the declaration of facts and
circumstances surrounding the birth of a person born abroad to Filipino parentis for
purposes of registration .
Rule 3. What to File
The following documents shall be filed at the LCRO or PFSP for registration :
28
3.1 Affidavit of Admission of Paternity
3.2 Private Handwritten Instrument
3.3 Affidavit to Use the Surname of the Father
Rule 4. Who may file
The following persons are authorized to file at the LCRO or PFSP:
4.1 The father , mother, the person himself , if of age, or the guardian, may file the
Affidavit of Admission of Paternity.
4.2 The father , mother, the person himself, if of age, or the guardian , may file the Affidavit
to Use the Surname of the father .
4.3 The father shall personally file the Private Handwritten Instrument (PHI) , if the proof of
filiation is through a PHI, at the LCRO/PFSP for registration.
The mother , the person himself, if of age, or the guardian , may file the PHI if the father is
already deceased. The PHI can be accepted provided there are supporting documents to
prove filiation .
Rule 5. Where to register
For births that occur in the Philippines , the Affidavit of Admission of Paternity , Private
Handwritten Instrument or Affidavit to Use the Surname of the Father executed in the
Philippines shall be registered at the LCRO of the place of birth.
For births that occur within or outside the Philippines, the Affidavit of Admission of
Paternity , Private Handwritten Instrument or Affidavit to Use the Surname of the Father
executed outside the Philippines shall be registered at the PFSP of the country of
residence , or where there is none, to the PFSP of the country nearest the place of
residence of the party concerned.
For births that occur outside the Philippines, the Affidavit of Admission of Paternity, Private
Handwritten Instrument, or Affidavit to Use the Surname of the Father executed in the
Philippines shall be registered at the Local Civil Registry Office of the place of execution .
Rule 6. When to Register
The Affidavit of Admission of Paternity , Private Handwritten Instrument, or the Affidavit to
Use the Surname of the Father shall be registered within twenty (20) days from the date of
execution. Otherwise , the rules on delayed registration under Administrative Order No. 1,
Series of 1993 (IRR of Act. No. 3753 and Other Laws on Civil Registration) shall apply.
Rule 7. How to Register
7.1 The City/Municipal Civil Registrar (C/MCR), Consul General , Consul, or Vice Consul
shall examine the completeness and correctness of entries in the Certificate of Live Birth
(COLB)/Report of Birth (ROB) , and the supporting documents . If there are inconsistencies
, the C/MCR, Consul Genera l, Consul , or Vice Consul, shall not accept the documents
for registration .
7.2 Accept the following documents for registration :
COLB/ROB

Affidavit of Admission of Paternity
Private Handwritten Instrument
Affidavit to Use the Surname of the Father
7.3 Record the entries of the COLB/ROB in the Register of Births, Affidav it of Admission
of Paternity , Private Handwritten Instrument and the Affidavit to Use the Surname of the
Father in the Register of Legal Instruments .
7.4 Annotate the COLB/ROB and enter the annotation on the Remarks portion of the
Register of Births.
7.5 Distribute the annotated COLB/ROB , registered Affidavit of Admission of Paternity ,
Affidavit to Use the Surname of the Father, or Private Handwritten Instrument including any
supporting document as follows:
first copy to the CRG;
second copy to the LCRO/PFSP where the event was registered;
third copy to the registrant/owner of the document;
fourth copy shall be retained for filing by the LCRO/PFSP.
7.6 Issue certified copies of COLB/ROB or certified transcription (LCR Form 1A) with
annotations and cert ified copies of the Affidavit of Admission of Paternity, AUSF, and
Private Handwritten Instrument.
Rule 8. Effects of Recognition
8.1 As a rule, an illegitimate child not acknowledged by the father shall use the surname
of the mother.
8.2 Illegitimate child acknowledged by the father shall use the surname of the mother if no
AUSF is executed.
8.3 An illegitimate child aged 0-6 years old acknowledged by the father shall use the
surname of the father, if the mother or the guardian , in the absence of the mother ,
executes the AUSF.
8.4 An illegitimate child aged 7 to 17 years old acknowledged by the father shall use the
surname of the father if the child executes an AUSF fully aware of its consequence as
attested by the mother or guardian .
8.5 Upon reaching the age of majority , an illegitimate child acknowledged by the father
shall use the surname of his father provided that he executes an AUSF without need of
any attestation .
Rule 9. Annotations
9.1 For births not yet registered:
9.1.1 Without Affidavit to Use the Surname of the Father
a. If Affidavit of Admission of Paternity at the back of the COLB is executed and there is no
AUSF executed by the mother or the person himself , the child shall be registered under
the surname of the mother. There shall be no annotation on the COLB. However, there
shall be annotation on the Remarks Column of the Register of Births as follows:
"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of
Paternity)."
29
b. If a separate Affidavit of Admission of Paternity is executed and there is no AUSF
executed by the mother or the person himself, the child shall be registered under the
surname of the mother. There shall be an annotation on the COLB/ROB and on the
Remarks Column of the Register of Births as follows:
"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of
Paternity) under (Registry No. of the Affidavit of Admission of Paternity)."
c. If a Private Handwritten Instrument is executed and there is no AUSF executed by the
mother or the person himself, the child shall be registered under the surname of the
mother . There shall be an annotation on the COLB/ROB and on the Remarks
Column on the Register of Births as follows:
"Acknowledged by (name of father) under (Registry No. of the Private Handwritten
Instrument)."
9.1.2 With Affidavit to Use the Surname of the Father
a. If Affidavit of Admission of Paternity at the back of the COLB is executed and an AUSF is
executed by the mother or the guardian, in the absence of the mother, or the person
himself , the child shall be registered under the surname of the father . There shall be no
annotation on the COLB. However , there shall be annotation on the Remarks Column of
the Register of Births as follows :
"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of
Paternity) pursuant to RA 9255. "
b. If Affidavit of Admission of Paternity is executed in a separate public document , and an
AUSF is executed by the mother or the guardian , in the absence of the mother, or the
person himself , the child shall be registered under the surname of the father. There shall
be an annotation on the COLB/ROB and on the Remarks Column of the Register of Births
as follows:
"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of
Paternity) under (Registry No. of the Affidavit of Admission of Paternity)" pursuant to RA
9255."
c. If a Private Handwritten Instrument is executed and an AUSF is executed by the mother
or the guardian, in the absence of the mother or the person himself , the child shall be
registered under the surname of the father. There shall be an annotation on the COLB/ROB
and on the Remarks Column of the Register of Births as follows:
"Acknowledged by (name of father) under (Registry No. of the Private Handwritten
Instrument)" pursuant to RA 9255. "
9.2 For births previously registered under the surname of the mother and not
acknowledged by the father
9.2.1 Without Affidavit to Use the Surname of the Father
a. If Affidavit of Admission of Paternity is executed in a separate public document and there
is no AUSF executed by the mother or the guardian , in the absence of the mother, or
the person himself , the COLB/ROB and on the Remarks Column of the Register of
Births shall be annotated as follows :
"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of
Paternity) under (Registry No. of the Affidavit of Admission of Paternity) ."

b. If a Private Handwritten Instrument is presented and there is no AUSF executed by the
mother or the guardian , in the absence of the mother , or the person himself , the
COLB/ROB and on the Remarks Column of the Register of Births shall be annotated as
follows:
"Acknowledged by (name of father) under (Registry No. of the Private Handwritten
Instrument)."
9.2.2. With Affidavit to Use the Surname of the Father
a. If Admission of Paternity is executed in a separate public document , and an AUSF is
executed by the mother or the guardian , in the absence of the mother , or the person
himself , the child shall use the surname of the father . There shall be an annotation in the
COLB/ROB and on the Remarks Column of the Register of Births as follows :
"Acknowledged by (name of father) on (date of ex ecution of the Affidavit of Admission of
Paternity) under (Registry No. of the Affidavit of Admission of Paternity). The child shall be
known as (full name of the child) pursuant to RA 9255."
b. If a Private Handwritten Instrument is presented and an AUSF is executed by the mother
or the guardian , in the absence of the mother , or the person himself, the child shall use
the surname of the father . There shall be an annotation on the COLB/ROB and on
the Remarks Column of the Register of Births as follows:
"Acknowledged by (name of father) under (Registry No of the Private Handwritten
Instrument)." The child shall be known as (full name of the child) pursuant to RA 9255."
9.3 For births previously registered using the surname of the mother and the child is
acknowledged by the father
9.3.1 With Affidavit to Use the Surname of the Father
If the AUSF is executed by the mother or the guardian , in the absence of the mother , or
the person himself , the child shall use the surname of the father. There shall be an
annotation on the COLB/ROB and on the Remarks Column of the Register of Births as
follows :
''The child shall be known as (full name of the child) pursuant to RA 9255."
Rule 10. Separability Clause
If any provision of this Revised Implementing Rules and Regulations is declared void or
unconstitutional , the remaining portions or provisions thereof shall not be affected by such
declaration .
Rule 11. Repealing Clause
All circulars , memoranda , rules and regulations or parts thereof inconsistent with the
provisions of this Revised Implementing Rules and Regulations are hereby repealed or
modified accordingly.
Rule 12. Effectivity
This Revised Implementing Rules and Regulations shall take effect 15 days after its
publication in a newspaper of general circulation in the Philippines .
Approved this 22nd of March 2016.
30
Republic Act No. 8533 February 23, 1998
AN ACT AMENDING TITLE I, CHAPTER 3, ARTICLE 39 OF EXECUTIVE ORDER NO.
209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES,
NULLIFYING THE PRESCRIPTIVE PERIOD FOR ACTION OR DEFENSES GROUNDED
ON PSYCHOLOGICAL INCAPACITY
Section 1. Title I, Chapter 3, Article 39 of Executive Order No. 209, otherwise known as the
Family Code of the Philippines, is hereby amended to read as follows:
"TITLE I MARRIAGE
"CHAPTER 3 VOID AND VOIDABLE MARRIAGES
"Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not
prescribe."
Section 2. Effectivity clause. This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved: February 23, 1998
Republic Act No. 6809 December 13, 1989
AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN
YEARS, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO
HUNDRED NINE, AND FOR OTHER PURPOSES
Section 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, is
hereby amended to read as follows:
"Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise
provided, majority commences at the age of eighteen years."
Section 2. Articles 235 and 237 of the same Code are hereby repealed.
Section 3. Article 236 of the same Code is also hereby amended to read as follows:
"Art. 236. Emancipation 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.
"Contracting marriage shall require parental consent until the age of twenty-one.
"Nothing in this Code shall be construed to derogate from the duty or responsibility of
parents and guardians for children and wards below twenty-one years of age mentioned in
the second and third paragraphs of Article 2180 of the Civil Code."
Section 4. Upon the effectivity of this Act, existing wills, bequests, donations, grants,
insurance policies and similar instruments containing references and provisions favorable
to minors will not retroact to their prejudice.
Section 5. This Act shall take effect upon completion of its publication in at least two (2)
newspapers of general circulation.
Approved: December 13, 1989

Republic Act No. 8369 October 28, 1997
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL
JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA
BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Section 1. Title. - This Act shall be known as the "Family Courts Act of 1997".
Section 2. Statement of National Policies. - The State shall protect the rights and promote
the welfare of children in keeping with the mandate of the Constitution and the precepts of
the United Nations Convention on the rights of the Child. The State shall provide a system
of adjudication for youthful offenders which takes into account their peculiar circumstances.
The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. The courts shall preserve the solidarity of the
family, provide procedures for the reconciliation of spouses and the amicable settlement of
family controversy.
Section 3. Establishment of Family Courts. - There shall be established a Family Court in
every province and city in the country. In case where the city is the capital of the province,
the Family Court shall be established in the municipality which has the highest population.
Section 4. Qualification and Training of Family Court Judges. - Sec. 15 of Batas Pambansa
Blg. 129, as amended, is hereby further amended to read as follows:
"Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or
Presiding Judge of the Family Court unless he is a natural-born citizen of the Philippines, at
least thirty-five (35) years of age, and, for at least ten (10) years, has been engaged in the
practice of law in the Philippines or has held a public office in the Philippines requiring
admission to the practice of law as indispensable requisite.
"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court personnel
of the Family Courts, shall undergo training and must have the experience and
demonstrated ability in dealing with child and family cases.
"The Supreme Court shall provide a continuing education program on child and family laws,
procedure and other related disciplines to judges and personnel of such courts."
Section 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original
jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of age
but not less than nine (9) years of age but not less than nine (9) years of age or where one
or more of the victims is a minor at the time of the commission of the offense: Provided,
That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil
liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant to
Ptesidential Decree No. 603, otherwise known as the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
31
d) Complaints for annulment of marriage, declaration of nullity of marriage and those
relating to marital status and property relations of husband and wife or those living together
under different status and agreements, and petitions for dissolution of conjugal partnership
of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order No. 209,
otherwise known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o neglected
children, petitions for voluntary or involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other cases cognizable under
Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related
laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are likely to result in
physical, sexual or psychological harm or suffering to women; and other forms of physical
abuse such as battering or threats and coercion which violate a woman's personhood,
integrity and freedom movement; and
2) Children - which include the commission of all forms of abuse, neglect, cruelty,
exploitation, violence, and discrimination and all other conditions prejudicial to their
development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.
Section 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent (10%)
of their income derived from filing and other court fees under Rule 141 of the Rules of Court
for research and other operating expenses including capital outlay: Provided, That this
benefit shall likewise be enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary guidelines to effectively implement the
provisions of this Sec.
Section 7. Special Provisional Remedies. - In cases of violence among immediate family
members living in the same domicile or household, the Family Court may issue a
restraining order against the accused of defendant upon verified application by the
complainant or the victim for relief from abuse.
The court may order the temporary custody of children in all civil actions for their custody.
The court may also order support pendente lite, including deduction from the salary and
use of conjugal home and other properties in all civil actions for support.

Section 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall
have direct control and supervision of the youth detention home which the local
government unit shall establish to separate the youth offenders from adult criminals:
Provided, however, That alternatives to detention and institutional care shall be made
available to the accused including counseling, recognizance, bail, community continuum, or
diversions from the justice system: Provided, further, That the human rights of the accused
are fully respected in a manner appropriate to their well-being.
Section 9. Social Services and Counseling Division. - Under the guidance ofthe Department
of Social Welfare and Development (DSWD), a Social Services and Counseling Division
(SSCD) shall be established in each judicial region as the Supreme Court shall deem
necessary based on the number of juvenile and family cases existing in such jurisdiction. It
shall provide appropriate social services to all juvenile and family cases filed with the court
and recommend the proper social action. It shall also develop programs, formulate uniform
policies and procedures, and provide technical supervision and monitoring of all SSCD in
coordination with the judge.
Section 10. Social Services and Counseling Division Staff. - The SSCD shall have a staff
composed of qualified social workers and other personnel with academic preparation in
behavioral sciences to carry out the duties'of conducting intake assessment, social case
studies, casework and counseling, and othersocial services that may be needed in
connection with cases filed with the court: Provided, however, That in adoption cases and
in petitions for declaration of abandonment, the case studies may be prepared by social
workers of duly licensed child caring or child placement agencies, or the DSWD. When
warranted, the division shall recommend that the court avail itself of consultative services of
psychiatrists, psychologists, and other qualified specialists presently employed in other
departments of the government in connection with its cases.
The position of Social Work Adviser shall be created under the Office of the Court
Administrator, who shall monitor and supervise the SSCD ofthe Regional Trial Court.
Section 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas
where no Family Court has been established or no Regional Trial Court was designated by
the Supreme Court due to the limited number of cases, the DSWD shall designate and
assign qualified, trained, and DSWD accredited social workers of the local government
units to handle juvenile and family cases filed in the designated Regional Trial Court of the
place.
Section 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of the
child and family cases shall be treated in a manner consistent with the promotion of the
child's and the family's dignity and worth, and shall respect their privacy at all stages of the
proceedings. Records of the cases shall be dealt with utmost confidentiality and the identity
of parties shall not be divulged unless necessary and with authority of the judge.
Section 13. Special Rules of Procedure. - The Supreme Court shall promulgate special
rules of procedure for the transfer of cases to the new courts during the transition period
and for the disposition of family cases with the best interests of the child and the protection
of the family as primary consideration taking into account the United Nations Convention on
the Rights of the Child.
Section 14. Appeals. - Decisions and orders of the court shall be appealed in the same
manner and subject to the same conditions as appeals from the ordinary Regional Trial
Courts.
Section 15. Appropriations. - The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following in its enactment
into law and thereafter.
32
Section 16. Implementing Rules and Regulations. - The Supreme Court, in coordination
with the DSWD, shall formulate the necessary rules and regulations for the effective
implementation of the social aspects of this Act.
Section 17. Transitory Provisions. - Pending the establishment of such Family Courts, the
Supreme Court shall designate from among the branches ofthe Regional Trial Court at
least one Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati,
Pasig, Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo,
Cabanatuan, San Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas,
Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan,
Cagayan de Oro, Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga,
Pagadian, Iligan, and in such other places as the Supreme Court may deem necessary.
Additional cases other than those provided in Sec. 5 may be assigned to the Family Courts
when their dockets permit: Provided, That such additional cases shall not be heard on the
same day family cases are heard.
In areas where there are no Family Courts, the cases referred to in Sec. 5 of this Act shall
be adjudicated by the Regional Trial Court.
Section 18. Separability Clause. - In case any provision of this Act is declared
unconstitutional, the other provisions shall remain in effect.
Section 19. Repealing Clause. - All other laws, decrees, executive orders, rules or
regulations inconsistent herewith are hereby repealed, amended or modified accordingly.
Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.
Approved October 28, 1997.
Republic Act No. 10172
AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR
THE CONSUL GENERAL TO CORRECT CLERICAL OR TYPOGRAPHICAL ERRORS IN
THE DAY AND MONTH IN THE DATE OF BIRTH OR SEX OF A PERSON APPEARING
IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR
THIS PURPOSE REPUBLIC ACT NUMBERED NINETY FORTY-EIGHT
SECTION 1. Section 1 of Republic Act No. 9048, hereinafter referred to as the Act, is
hereby amended to read as follows:
SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First
Name or Nickname. No entry in a civil register shall be changed or corrected without a
judicial order, except for clerical or typographical errors and change of first name or
nickname, the day and month in the date of birth or sex of a person where it is patently
clear that there was a clerical or typographical error or mistake in the entry, which can be
corrected or changed by the concerned city or municipal civil registrar or consul general in
accordance with the provisions of this Act and its implementing rules and regulations.
SEC. 2. Section 2, paragraph (3) of the Act is likewise amended to read as follows:
SEC. 2. Definition of Terms. As used in this Act, the following terms shall mean:
(1) xxx xxx
(2) xxx xxx

(3) Clerical or typographical error refers to a mistake committed in the performance of
clerical work in writing, copying, transcribing or typing an entry in the civil register that is
harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in
the entry of day and month in the date of birth or the sex of the person or the like, which is
visible to the eyes or obvious to the understanding, and can be corrected or changed only
by reference to other existing record or records: Provided, however, That no correction
must involve the change of nationality, age, or status of the petitioner.
SEC. 3. Section 5 of the Act is hereby amended to read as follows:
SEC. 5. Form and Contents of the Petition. The petition for correction of a clerical or
typographical error, or for change of first name or nickname, as the case may be, shall be
in the form of an affidavit, subscribed and sworn to before any person authorized by law to
administer oaths. The affidavit shall set forth facts necessary to establish the merits of the
petition and shall show affirmatively that the petitioner is competent to testify to the matters
stated. The petitioner shall state the particular erroneous entry or entries, which are sought
to be corrected and/or the change sought to be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of the registry book
containing the entry or entries sought to be corrected or changed;
(2) At least two (2) public or private documents showing the correct entry or entries upon
which the correction or change shall be based; and
(3) Other documents which the petitioner or the city or municipal civil registrar or the consul
general may consider relevant and necessary for the approval of the petition.
No petition for correction of erroneous entry concerning the date of birth or the sex of a
person shall be entertained except if the petition is accompanied by earliest school record
or earliest school documents such as, but not limited to, medical records, baptismal
certificate and other documents issued by religious authorities; nor shall any entry involving
change of gender corrected except if the petition is accompanied by a certification issued
by an accredited government physician attesting to the fact that the petitioner has not
undergone sex change or sex transplant. The petition for change of first name or nickname,
or for correction of erroneous entry concerning the day and month in the date of birth or the
sex of a person, as the case may be, shall be published at least once a week for two (2)
consecutive weeks in a newspaper of general circulation.
Furthermore, the petitioner shall submit a certification from the appropriate law
enforcements, agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be distributed as
follows: first copy to the concerned city or municipal civil registrar, or the consul general;
second copy to the Office of the Civil Registrar General; and third copy to the petitioner.
SEC. 4. Section 8 of the Act is hereby amended to read as follows:
SEC. 8. Payment of Fees. The city or municipal civil registrar or the consul general shall
be authorized to collect reasonable fees as a condition for accepting the petition. An
indigent petitioner shall be exempt from the payment of the said fee.
The fees collected by the city or municipal civil registrar or the consul general pursuant to
this Act shall accrue to the funds of the Local Civil Registry Office concerned or the Office
of the Consul General for modernization of the office and hiring of new personnel and
procurement of supplies, subject to government accounting and auditing rules.
33
SEC. 5. Separability Clause. If any provision of this Act shall at any time be found to be
unconstitutional or invalid, the remainder thereof not affected by such declaration shall
remain in full force and effect.
SEC. 6. Repealing Clause. Any laws, decrees, rules or regulations inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
SEC. 7. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved: AUGUST 15, 2012.
Republic Act No. 9858
AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS
BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF
THE PHILIPPINES, AS AMENDED
Section 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of
the Philippines", as amended, is hereby further amended to read as follows:
"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of
conception of the former, were not disqualified by any impediment to marry each other, or
were so disqualified only because either or both of them were below eighteen (18) years of
age, may be legitimated."
"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents.
The annulment of a voidable marriage shall not affect the legitimation."
Section 2. Implementing Rules. The civil Registrar General shall, in consultation with the
chairpersons of the Committee on Revision of Laws of the House of Representatives and
the Committee on Youth, Women and Family Relations of the Senate, the Council for the
Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs
(DFA), the office of the Supreme Court Administrator, the Philippine Association of Civil
Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the
effective implementation of this Act not later than one (1) month from its effectivity.
Section 3. Repealing Clause. All laws, presidential decrees, executive orders,
proclamations and/or administrative regulations which are inconsistent with the provisions
of this Act are hereby amended, modified, superseded or repealed accordingly.
Section 4. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of national circulation.
Approved,
Approved: DEC 20, 2009

[REPUBLIC ACT NO. 9048]
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE
CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN
ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER
WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE
ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES.
SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name
or Nickname - No entry in a civil register shall be changed or corrected without a judicial
order, except for clerical or typographical errors and change of first name or nickname
which can be corrected or changed by the concerned city or municipal civil registrar or
consul general in accordance with the provisions of this Act and its implementing rules and
regulations.
SECTION 2. Definition of Terms - As used in this Act, the following terms shall mean:
"City or Municipal civil registrar" refers to the head of the local civil registry office of the city
or municipality, as the case may be, who is appointed as such by the city or municipal
mayor in accordance with the provisions of existing laws.
"Petitioner" refers to a natural person filing the petition and who has direct and personal
interest in the correction of a clerical or typographical error in an entry or change of first
name or nickname in the civil register.
"Clerical or typographical error" refers to a mistake committed in the performance of clerical
work in writing, copying, transcribing or typing an entry in the civil register that is harmless
and innocuous, such as misspelled name or misspelled place of birth or the like, which is
visible to the eyes or obvious to the understanding, and can be corrected or changed only
by reference to other existing record or records: Provided, however, That no correction
must involve the change of nationality, age, status or sex of the petitioner.
"Civil Register" refers to the various registry books and related certificates and documents
kept in the archives of the local civil registry offices, Philippine Consulates and of the Office
of the Civil Registrar General.
"Civil registrar general" refers to the Administrator of the National Statistics Office which is
the agency mandated to carry out and administer the provision of laws on civil registration.
"First name" refers to a name or nickname given to a person which may consist of one or
more names in addition to the middle and last names.
SECTION 3. Who May File the Petition and Where. - Any person having direct and
personal interest in the correction of a clerical or typographical error in an entry and/or
change of first name or nickname in the civil register may file, in person, a verified petition
with the local civil registry office of the city or municipality where the record being sought to
be corrected or changed is kept.
In case the petitioner has already migrated to another place in the country and it
would not be practical for such party, in terms of transportation expenses, time and effort to
appear in person before the local civil registrar keeping the documents to be corrected or
changed, the petition may be filed, in person, with the local civil registrar of the place where
the interested party is presently residing or domiciled. The two (2) local civil registrars
concerned will then communicate to facilitate the processing of the petition.
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Citizens of the Philippines who are presently residing or domiciled in foreign
countries may file their petition, in person, with the nearest Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the consul general shall
be processed in accordance with this Act and its implementing rules and regulations.
All petitions for the clerical or typographical errors and/or change of first names or
nicknames may be availed of only once.
SECTION 4. Grounds for Change of First Name or Nickname. - The petition for change of
first name or nickname may be allowed in any of the following cases:
The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or
extremely difficult to write or pronounce.
The new first name or nickname has been habitually and continuously used by the
petitioner and he has been publicly known by that by that first name or nickname in the
community: orThe change will avoid confusion.
SECTION 5. Form and Contents of the Petition. - The petition shall be in the form of an
affidavit, subscribed and sworn to before any person authorized by the law to administer
oaths. The affidavit shall set forth facts necessary to establish the merits of the petition and
shall show affirmatively that the petitioner is competent to testify to the matters stated. The
petitioner shall state the particular erroneous entry or entries, which are sought to be
corrected and/or the change sought to be made.
The petition shall be supported with the following documents:
A certified true machine copy of the certificate or of the page of the registry book containing
the entry or entries sought to be corrected or changed.
At least two (2) public or private documents showing the correct entry or entries upon which
the correction or change shall be based; and
Other documents which the petitioner or the city or municipal civil registrar or the consul
general may consider relevant and necessary for the approval of the petition.
In case of change of first name or nickname, the petition shall likewise be supported
with the documents mentioned in the immediately preceding paragraph. In addition, the
petition shall be published at least once a week for two (2) consecutive weeks in a
newspaper of general circulation. Furthermore, the petitioner shall submit a certification
from the appropriate law enforcement agencies that he has no pending case or no criminal
record.
The petition and its supporting papers shall be filed in three (3) copies to be
distributed as follows: first copy to the concerned city or municipal civil registrar, or the
consul general; second copy to the Office of the Civil Registrar General; and third copy to
the petitioner.
SECTION 6. Duties of the City or Municipal Civil Registrar or the Consul General. - The city
or municipal civil registrar or the consul general to whom the petition is presented shall
examine the petition and its supporting documents. He shall post the petition in a
conspicuous place provided for that purpose for ten (10) consecutive days after he finds the
petition and its supporting documents sufficient in form and substance.

The city or municipal civil registrar or the consul general shall act on the petition and
shall render a decision not later than five (5) working days after the completion of the
posting and/or publication requirement. He shall transmit a copy of his decision together
with the records of the proceedings to the Office of the Civil Registrar General within five
(5) working days from the date of the decision.
SECTION 7. Duties and Powers of the Civil Registrar General. - The civil registrar general
shall, within ten (10) working days from receipt of the decision granting a petition, exercise
the power to impugn such decision by way of an objection based on the following grounds:
The error is not clerical or typographical;
The correction of an entry or entries in the civil register is substantial or controversial as it
affects the civil status of a person; or
The basis used in changing the first name or nickname of a person does not fall under
SECTION 4.
The civil registrar general shall immediately notify the city or municipal civil registrar
or the consul general of the action taken on the decision. Upon receipt of the notice thereof,
the city or municipal civil registrar or the consul general shall notify the petitioner of such
action.
The petitioner may seek reconsideration with the civil registrar general or file the
appropriate petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the decision of the
city or municipal civil registrar or of the consul general within the period prescribed herein,
such decision shall become final and executory.
Where the petition is denied by the city or municipal civil registrar or the consul
general, the petitioner may either appeal the decision to the civil registrar general or file the
appropriate petition with the proper court.
SECTION 8. Payment of Fees. - The city or municipal civil registrar or the consul general
shall be authorized to collect reasonable fees as a condition for accepting the petition. An
indigent petitioner shall be exempt from the payment of the said fee.
SECTION 9. Penalty Clause. - A person who violates any of the provisions of this Act shall,
upon conviction, be penalized by imprisonment of not less than six (6) years but not more
than twelve (12) years, or a fine of not less than Ten thousand pesos (P10,000.00) but not
more than One Hundred Thousand pesos (P100,000.00), or both, at the discretion of the
court.
In addition, if the offender is a government official or employee he shall suffer the
penalties provided under civil service laws, rules and regulations.
SECTION 10. Implementing Rules and Regulations. - The civil registrar general shall, in
consultation with the Department of Justice, the Department of Foreign Affairs, the Office of
the Supreme Court Administrator, the University of the Philippines Law Center and the
Philippine Association of Civil Registrars, issue the necessary rules and regulations for the
effective implementation of this Act not later than three (3) months from the effectivity of
this law.
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SECTION 11. Retroactivity Clause. - This Act shall have retroactive effect insofar as it does
not prejudice or impair vested or acquired rights in accordance with the Civil Code and
other laws.
SECTION 12. Separability Clause. - If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions thereof shall not be affected by such
declaration.
SECTION 13. Repealing Clause. - All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.
PRESIDENTIAL DECREE NO. 856
CODE OF SANITATION OF THE PHILIPPINES
SEC. 91. Burial Requirement The burial of remains is subject to the following
requirements:
a. No remains shall be buried without a death certificate. This certificate shall be issued by
the attending physicians. If there has been no physician in attendance, it shall be issued by
the mayor, the secretary of the municipality where the death occurred. The death certificate
shall be forwarded to the Local Civil Register within 48 hours after death.
ACT NO. 3753 LAW ON REGISTRY OF CIVIL STATUS
Section 1. Civil Register. A civil register is established for recording the civil status of
persons, in which shall be entered: (a) births; (b) deaths; (c) marriages; (d) annulments of
marriages; (e) divorces; (f) legitimations; (g) adoptions; (h) acknowledgment of natural
children; (i) naturalization; and (j) changes of name.
Section 2. Civil Registrar-General his duties and powers. The director of the National
Library shall be Civil Registrar-General and shall enforce the provisions of this Act. The
Director of the National Library, in his capacity as Civil Registrar-General, is hereby
authorized to prepare and issue, with the approval of the Secretary of Justice, regulations
for carrying out the purposes of this Act, and to prepare and order printed the necessary
forms for its proper compliance. In the exercise of his functions as Civil Registrar-General,
the Director of the National Library shall have the power to give orders and instructions to
the local Civil registrars with reference to the performance of their duties as such. It shall be
the duty of the Director of the National Library to report any violation of the provisions of
this Act and all irregularities, negligence or incompetency on the part of the officers
designated as local civil registrars to the (Chief of the Executive Bureau or the Director of
the Non-Christian Tribes) Secretary of the Interior, as the case may be, who shall take the
proper disciplinary action against the offenders.
Section 3. Local Civil Registrars. Except in the City of Manila, where the duties of local
civil registrar shall be performed by the officer of the Philippine Health Service designated
by the Director of said service, the Treasurers of the regular municipalities, municipal
districts and cities shall be local civil registrars of the respective municipalities, municipal
districts or cities and shall perform the duties imposed upon them by this Act without extra
compensation, in addition to their ordinary duties. In his capacity as local civil registrar, the
officer designated by the Director of the Health Service as local civil registrar of Manila and
the treasurers above mentioned shall be under the direction and supervision of the Civil
Registrar-General.

Section 4. Civil Register Books. The local registrars shall keep and preserve in their
offices the following books, in which they shall, respectively make the proper entries
concerning the civil status of persons:
1. Birth and death register;
2. Marriage register, in which shall be entered not only the marriages solemnized but also
divorces and dissolved marriages.
3. Legitimation, acknowledgment, adoption, change of name and naturalization register.
Section 5. Registration and Certification of Birth. The declaration of the physician or
midwife in attendance at the birth or, in default thereof, the declaration of either parent of
the newborn child, shall be sufficient for the registration of a birth in the civil register. Such
declaration shall be exempt from the documentary stamp tax and shall be sent to the local
civil registrar not later than thirty days after the birth, by the physician, or midwife in
attendance at the birth or by either parent of the newly born child.
In such declaration, the persons above mentioned shall certify to the following facts: (a)
date and hour of birth; (b) sex and nationality of infant; (c) names, citizenship, and religion
of parents or, in case the father is not known, of the mother alone; (d) civil status of
parents; (e) place where the infant was born; (f) and such other data may be required in the
regulation to be issued.
In the case of an exposed child, the person who found the same shall report to the local
civil registrar the place, date and hour of finding and other attendant circumstances.
In case of an illegitimate child, the birth certificate shall be signed and sworn to jointly by
the parents of the infant or only the mother if the father refuses. In the latter case, it shall
not be permissible to state or reveal in the document the name of the father who refuses to
acknowledge the child, or to give therein any information by which such father could be
identified.
Any fetus having human features which dies after twenty four hours of existence completely
disengaged from the maternal womb shall be entered in the proper registers as having
been born and having died.
Section 6. Death certificate and register. No human body shall be buried unless the
proper death certificate has been presented and recorded in the office of the local civil
registrar. The physician who attended the deceased or, in his default the health officer
concerned, or in default of the latter, any member of the family of the deceased or any
person having knowledge of the death, shall report the same to the local health authorities,
who shall issue a death certificate and shall order the same to be recorded in the office of
the local civil registrar. The death certificate, which shall be issued by the attending
physician of the deceased or, in his default, by the proper health officer, shall contain the
following data be furnished by the person reporting the death; (a) date and place of death;
(b) full name, (c) age, (d) sex, (e) occupation or profession, (f) residence; (g) status as
regards marriage, (h) nationality of the deceased, and (i) probable cause of death.
During epidemics, bodies may be buried provided the proper death certificates have been
secured, which shall be registered not later than five days after the burial of the body.
36
Section 7. Registration of marriages. All civil officers and priests or ministers authorized
to solemnize marriages shall send a copy of each marriage contract solemnized by them to
the local civil registrar within the time limit specified in the existing Marriage Law.
In cases of divorce and annulment of marriage, it shall be the duty of the successful
petitioner for divorce or annulment of marriage to send a copy of the final decree of the
court to that local civil registrar of the municipality where the dissolved or annulled marriage
was solemnized.
In the marriage register there shall be entered the full name and address of each of the
contracting parties, their ages, the place and date of the solemnization of the marriage, the
names and addresses of the witnesses, the full name, address, and relationship of the
minor contracting party or parties or the person or persons who gave their consent to the
marriage, and the full name, title, and address of the person who solemnized the marriage.
In cases of divorce or annulment of marriages, there shall be recorded the names of the
parties divorced or whose marriage was annulled, the date of the decree of the court, and
such other details as the regulations to be issued may require.
Section 8. Registration of legitimations by subsequent marriage. The acknowledgment of
the children legitimated by subsequent marriage, referred to in article one hundred and
twenty-one of the Civil Code, may be recorded in the legitimation register, entering: (a) The
names of the parents; (b) that at the time when the children were conceived, the aforesaid
parents could have contracted marriage, and that they actually contracted marriage, stating
the date and place when such marriage was solemnized, the minister who officiated, and
the civil register where such marriage was recorded; (c) the names of the children
legitimated with reference to their birth certificates.
Section 9. Registration of acknowledgment by public instrument. Any voluntary
acknowledgment by the natural parents or by only one of them by public instrument, shall
be recorded in the acknowledgment register of the civil registrar of the municipality where
the decree was issued. The names of the interested parties and such other data as may be
required by the regulations to be issued shall be entered in register.
It shall be the duty of the natural parents whose voluntary acknowledgment was may be
means of a public instrument to send a certified copy thereof to the local civil registrar of
the municipality in the civil register whereof the birth of the acknowledged child was
recorded, not later than twenty days after the execution of such instrument, for the
registration thereof.
Section 10. Registrations of adoptions, changes of name, and naturalization. In cases of
adoptions, changes of name, and naturalization, it shall be the duty of the interested parties
or petitioners to register the same in the local civil registrar of the municipality where the
birth of the acknowledged child was registered setting forth the following data: (a) full name
of the natural child acknowledged; (b) age; (c) date and place of birth; (d) status as to
marriage, and residence of the child acknowledged; (e) full name of the natural father or
mother who makes the acknowledgment; (f) full name of the notary public before whom the
document was acknowledged; (g) full names of witnesses to document; (h) date and place
of acknowledgment of said document and entry and page number of the notarial register in
which the name was recorded.
Section 11. Duties of clerks of Court to register certain decisions. In cases of legitimation,
acknowledgment, adoption, naturalization and change of given or family name, or both,
upon the decree which issued the decree to ascertain whether the same has been

registered, and if this has not been done, to have said decree recorded in the office of the
civil registrar of the municipality where the court is functioning.
Section 12. Duties of local civil registrar. Local civil registrars shall (a) file registrable
certificates and documents presented to them for entry; (b) complete the same monthly and
prepare and send any information required of them by the Civil Registrar-General; (c) issue
certified transcripts or copies of any certificate or document registered upon payment of
proper fees; (d) order the binding, properly classified, of all certificates or documents
registered during the year; (e) send to the Civil Registrar-General, during the first ten days
of each month, a copy of the entries made during the preceding month for filing; (f) index
the same to facilitate search and identification in case any information is required, and (g)
administer oaths, free of charge, for civil register purposes.
Section 13. Documents registered are public documents. The books making up the civil
register and all documents relating thereto shall be considered public documents and be
prima facie evidence of the truth of the facts therein contained. They shall be open to the
public during office hours and shall be kept in a suitable safe which shall be furnished to the
local civil registrar at the expense of the general fund of the municipality concerned. The
local registrar shall not under any circumstances permit any document entrusted to his care
to be removed from his office, except by order of a court, in which case the proper receipt
shall be taken. The local civil registrar may issue certified copies of any document filed,
upon payment of the proper fees required in this Act.
Section 14. Expenses and fees of the office of the civil registrar. All expenses in
connection with the establishment of local civil registers shall be paid out of municipal
funds, and for this purpose, municipal councils and boards shall make the necessary
appropriation out of their available general funds:
For the registration of documents and for certified copies of documents on file in the local
civil registrars office, fees shall be charged in accordance with the following schedule:
For registration of legitimations P2.00
For registration of an adoption 2.00
For registration of an annulment of marriage 10.00
For registration of a divorce 10.00
For registration of naturalization 20.00
For registration of a change of name 2.00For certified copies of any documents in the
register, for each one hundred words 20.00
The Civil Registrar General or any local civil registrar may issue certified copies of
documents free of charge for official use or at the request of a competent court. All fees
collected for such purposes shall accrue to the general fund of the municipality concerned.
Section 15. Preservation of present register books. All birth, death and marriage registers
and other papers relating thereto at present in the keeping of the municipal secretaries or
the clerk of the Municipal Court of Manila shall be transferred by the same to the officers
acting as local civil registrars in each city or municipality and shall form part of the archives
of the latter.
Section 16. False statement. Any person who shall knowingly make false statement in the
forms furnished and shall present the same for entry in the civil register, shall be punished
by imprisonment for not less than one month nor more than six months, or by a fine of not
less than two hundred pesos nor more than five hundred or both, in the discretion of the
court.
Section 17. Failure to report. Other violations. Any person whose duty is to report any
fact concerning the civil status of persons and who knowingly fails to perform such duty,
37
and any person convicted of having violated any of the provisions of this Act shall be
punished by a fine of not less than ten pesos nor more than two hundred.
Section 18. Neglect of duty with reference to the provisions of this Act. Any local registrar
who fails properly to perform his duties in accordance with the provisions of this Act and of
the regulations issued hereunder, shall be punished for the first offense, by an
administrative fine in a sum equal to his salary for not less than fifteen days nor more than
three months, and for a second or repeated offense, by removal from the service.
Section 19. Application of this Act to the special provinces. The Director of the National
Library, in his capacity as Civil Registrar-General, is hereby authorized upon
recommendation of the (Director of Bureau of Non-Christian Tribes) Secretary of the
Interior, to designate the municipalities in the specially organized provinces where the
provisions of this Act shall be applied.
Section 20. Transitory provisions. All rights, duties and powers established by Act
Numbered thirty-six hundred and thirteen, entitled the Marriage Law, with the reference to
the procedure for the issuance of the marriage license prior to the solemnization of
marriage, the registration, of marriages, and the filing of the documents in connection
therewith, conferred and imposed by said Act upon the clerk of the Municipal Court of
Manila and the municipal secretaries, are hereby transferred to the officer of the Health
Service in accordance with section three of this Act, and to the municipal treasurers,
respectively, in their capacity as local registrars.
All duties and powers established by subsections (d) and (e) of section twenty-one hundred
and twelve of the Administrative Code, imposed and conferred by said section upon the
municipal secretaries, are hereby likewise transferred to the municipal treasurers in their
capacity as local civil registrars.
Section 21. All acts or parts of acts inconsistent herewith are hereby repealed.
Section 22. This Act shall take effect three months after its approval.
Approved, November 26, 1930.
Republic Act No. 9225 August 29, 2003
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE
FOREIGN CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title this act shall be known as the "Citizenship Retention and Re-
acquisition Act of 2003."
Section 2. Declaration of Policy - It is hereby declared the policy of the State that all
Philippine citizens of another country shall be deemed not to have lost their Philippine
citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary
notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a
 38
foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking
the following oath of allegiance to the Republic:

"I _____________________, solemny swear (or affrim) that I will support and defend the
Constitution of the Republic of the Philippines and obey the laws and legal orders
promulgated by the duly constituted authorities of the Philippines; and I hereby declare that
I recognize and accept the supreme authority of the Philippines and will maintain true faith
and allegiance thereto; and that I imposed this obligation upon myself voluntarily without
mental reservation or purpose of evasion."

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens
of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.

Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or

adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship
upon effectivity of this Act shall be deemed citizenship of the Philippines.

Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire
Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to
all attendant liabilities and responsibilities under existing laws of the Philippines and the
following conditions:

(1) Those intending to exercise their right of surffrage must Meet the requirements under
Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as "The
Overseas Absentee Voting Act of 2003" and other existing laws;

(2) Those seeking elective public in the Philippines shall meet the qualification for holding
such public office as required by the Constitution and existing laws and, at the time of the
filing of the certificate of candidacy, make a personal and sworn renunciation of any and all
foreign citizenship before any public officer authorized to administer an oath;

(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance
to the Republic of the Philippines and its duly constituted authorities prior to their
assumption of office: Provided, That they renounce their oath of allegiance to the country
where they took that oath;

(4) Those intending to practice their profession in the Philippines shall apply with the proper
authority for a license or permit to engage in such practice; and

(5) That right to vote or be elected or appointed to any public office in the Philippines
cannot be exercised by, or extended to, those who:

(a) are candidates for or are occupying any public office in the country of which they are
naturalized citizens; and/or

(b) are in active service as commissioned or non-commissioned officers in the armed

forces of the country which they are naturalized citizens.

Section 6. Separability Clause - If any section or provision of this Act is held

unconstitutional or invalid, any other section or provision not affected thereby shall remain
valid and effective.

Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent
with the provisions of this Act are hereby repealed or modified accordingly.

Section 8. Effectivity Clause This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or two (2) newspaper of general circulation.