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PD 603 THE CHILD AND YOUTH WELFARE CODE
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.
RA 6809 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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: 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 Articles 235 and 237 of the same Code are hereby repealed.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 qualiRied 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
RA 9344 AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES SEC. 6. Minimum Age of Criminal Responsibility. -‐ A child Rifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above Rifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
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The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.
SEC. 7. Determination of Age. -‐ The child in conRlict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conRlict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certiRicate, baptismal certiRicate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conRlict with the law prior to the Riling of the information in any appropriate court may Rile a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-‐four (24) hours from receipt of the appropriate pleadings of all interested parties.
If a case has been Riied against the child in conRlict with the law and is pending in the appropriate court, the person shall Rile a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement ofRicers, prosecutors, judges and other government ofRicials concerned shall exert all efforts at determining the age of the child in conRlict with the law.
TITLE IV TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY SEC. 20. Children Below the Age of Criminal Responsibility. -‐ If it has been determined that the child taken into custody is Rifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice to the local social welfare and development ofRicer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay ofRicial or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development ofRicer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development OfRice to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be Riled by the DSWD or the Local Social Welfare and Development OfRice pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code”.
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TITLE VII GENERAL PROVISIONS CHAPTER 1 EXEMPTING PROVISIONS SEC. 57. Status Offenees. -‐ Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. SEC. 58. Offenses Not Applicable to Children. -‐ Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and snifRing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and treatment program. SEC. 59. Exemption from the Application of Death Penalty. -‐ The provisions of the Revised Penal Code, as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and other special laws notwithstanding, no death penalty shall be imposed upon children in conRlict with the law.
RA 8371 AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
2 (c). The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and institutions. It shall consider these rights in the formulation of national laws and policies;
SECTION 29. Protection of Indigenous Culture, Traditions and Institutions. — The State shall respect, recognize and protect the right of ICCs/IPs to preserve and protect their culture, traditions and institutions. It shall consider these rights in the formulation and application of national plans and policies.
SECTION 32. Community Intellectual Rights. — ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs. The State shall preserve, protect and develop the past, present and future manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious, and spiritual property taken without their free and prior informed consent or in violation of their laws, traditions and customs.
RA 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 2. De?inition of Terms – As used in this Act, the following terms shall mean: Page � of �3 9
(1) "City or Municipal civil registrar" refers to the head of the local civil registry ofRice 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. (2) "Petitioner" refers to a natural person Riling the petition and who has direct and personal interest in the correction of a clerical or typographical error in an entry or change of Rirst name or nickname in the civil register. (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 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. (4) "Civil Register" refers to the various registry books and related certiRicates and documents kept in the archives of the local civil registry ofRices, Philippine Consulates and of the OfRice of the Civil Registrar General. (5) "Civil registrar general" refers to the Administrator of the National Statistics OfRice which is the agency mandated to carry out and administer the provision of laws on civil registration. (6) "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 Rirst name or nickname in the civil register may Rile, in person, a veriRied petition with the local civil registry ofRice 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 Riled, 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.
Citizens of the Philippines who are presently residing or domiciled in foreign countries may Rile their petition, in person, with the nearest Philippine Consulates.
The petitions Riled 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 Rirst names or nicknames may be availed of only once.
Section 4. Grounds for Change of First Name or Nickname. – The petition for change of Rirst name or nickname may be allowed in any of the following cases:
(1) The petitioner Rinds the Rirst name or nickname to be ridiculous, tainted with dishonor or extremely difRicult to write or pronounce.
(2) The new Rirst name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that Rirst name or nickname in the community: or
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(3) The change will avoid confusion.
Section 5. Form and Contents of the Petition. – The petition shall be in the form of an afRidavit, subscribed and sworn to before any person authorized by the law to administer oaths. The afRidavit shall set forth facts necessary to establish the merits of the petition and shall show afRirmatively 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 certiRied true machine copy of the certiRicate 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.
In case of change of Rirst 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 certiRication from the appropriate law enforcement agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be Riled in three (3) copies to be distributed as follows: Rirst copy to the concerned city or municipal civil registrar, or the consul general; second copy to the OfRice 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 Rinds the petition and its supporting documents sufRicient 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 Rive (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 OfRice of the Civil Registrar General within Rive (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:
(1) The error is not clerical or typographical;
(2) 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
(3) The basis used in changing the Rirst name or nickname of a person does not fall under Section 4.
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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 Rile 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 Rinal 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 Rile the appropriate petition with the proper court.
PD 1083 A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES Article 16. Capacity to contract marriage.
(1) Any Muslim male at least Rifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of this Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of Rifteen.
(2) However, the Shari'a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less than Rifteen but not below twelve years of age, has attained puberty.
(3) Marriage through a wali by a minor below the prescribed ages shall be regarded as betrothal and may be annulled upon the petition of either party within four years after attaining the age of puberty, provided no voluntary cohabitation has taken place and the wali who contracted the marriage was other than the father or paternal grandfather.
Article 17. Marriage ceremony. No particular form of marriage ceremony is required but the ijab and the gabul in marriage shall be declared publicly in the presence of the person solemnizing the marriage and two competent witnesses. This declaration shall be set forth in an instrument in triplicate, signed or marked by the contracting parties and said witnesses, and attested by the person solemnizing the marriage. One copy shall be given to the contracting parties and another sent to the Circuit Registrar by the solemnizing ofRicer who shall keep the third.
Article 18. Authority to solemnize marriage. Marriage may be solemnized:
(a) By the proper wali of the woman to be wedded;
(b) Upon authority of the proper wali, by any person who is competent under Muslim law to solemnize marriage; or
(c) By the judge of the Shari'a District Court of Shari'a Circuit Court or any person designated by the judge, should the proper wali refuse without justiRiable reason, to authorize the solemnization.
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RULES OF COURT 131 SEC 3
(jj) That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or conRlagration, and it is not shown who died Rirst, and there are no particular circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes, according to the following rules:
1. If both were under the age of Rifteen years, the older is deemed to have survived; 2. If both were above the age sixty, the younger is deemed to have survived; 3. If one is under Rifteen and the other above sixty, the former is deemed to have survived; 4. If both be over Rifteen and under sixty, and the sex be different, the male is deemed to have survived, if the sex be the same, the older; 5. If one be under Rifteen or over sixty, and the other between those ages, the latter is deemed to have survived.
92 SEC 2 Section 2. Meaning of word "incompetent." — Under this rule, the word "incompetent" includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to read and write, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.
103 Change of Name Section 1. Venue. — A person desiring to change his name shall present the petition to the Court of First Instance of the province in which he resides, or, in the City of Manila, to the Juvenile and Domestic Relations Court. Section 2. Contents of petition. — A petition for change of name shall be signed and veriRied by the person desiring his name changed, or some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona ?ide resident of the province where the petition is Riled for at least three (3) years prior to the date of such Riling; (b) The cause for which the change of the petitioner's name is sought; (c) The name asked for.
Section 3. Order for hearing. — If the petition Riled is sufRicient in form and substance, the court, by an order reciting the purpose of the petition, shall Rix a date and place for the hearing thereof, and shall direct that a copy of the order be published before the hearing at least once a week for three (3) successive weeks in some newspaper of general circulation published in the province, as the court shall deem best. The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4) month after the last publication of the notice.
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Section 4. Hearing. — Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the proper provincial or city Riscal shall appear on behalf of the Government of the Republic. Section 5. Judgment. — Upon satisfactory proof in open court on the date Rixed in the order that such order has been published as directed and that the allegations of the petition are true, the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name be changed in accordance with the prayer of the petition. Section 6. Service of judgment. — Judgments or orders rendered in connection with this rule shall be furnished the civil registrar of the municipality or city where the court issuing the same is situated, who shall forthwith enter the same in the civil register.
108 Cancellation Or Correction Of Entries In The Civil Registry Section 1. Who may ?ile petition. — Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may Rile a veriRied petition for the cancellation or correction of any entry relating thereto, with the Court of First Instance of the province where the corresponding civil registry is located.
Section 2. Entries subject to cancellation or correction. — Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected: (a) births: (b) marriage; (c) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization; (k) election, loss or recovery of citizenship; (l) civil interdiction; (m) judicial determination of Riliation; (n) voluntary emancipation of a minor; and (o) changes of name.
Section 3. Parties. — When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.
Section 4. Notice and publication. — Upon the Riling of the petition, the court shall, by an order, Rix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province.
Section 5. Opposition. — The civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought may, within Rifteen (15) days from notice of the petition, or from the last date of publication of such notice, Rile his opposition thereto.
Section 6. Expediting proceedings. — The court in which the proceeding is brought may make orders expediting the proceedings, and may also grant preliminary injunction for the preservation of the rights of the parties pending such proceedings.
Section 7. Order. — After hearing, the court may either dismiss the petition or issue an order granting the cancellation or correction prayed for. In either case, a certiRied copy of the judgment shall be served upon the civil registrar concerned who shall annotated the same in his record.
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1987 CONSTITUTION ARTICLE IIDECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efRiciency and the development of moral character shall receive the support of the Government.
Section 14. The State recognizes the role of women in nation-‐building, and shall ensure the fundamental equality before the law of women and men.
ARTICLE IIIBILL OF RIGHTS Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
ARTICLE XVTHE FAMILY Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
Section 3. The State shall defend:
1. The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;
2. The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;
The right of the family to a family living wage and income; and
3. The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.
Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.
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