VIII. B.

CHILDREN
Art. II, Sec, 12, 1987 Constitution
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 efficiency and the development of moral character
shall receive the support of the Government.
Doctrine of Parens Patriae
Parens patriae is Latin for "parent of the nation." In law, it refers to the public policy power of
the state to intervene against an abusive or negligent parent, legal guardian or informal
caretaker, and to act as the parent of any child or individual who is in need of protection. For
example, some children, incapacitated individuals, and disabled individuals lack parents who
are able and willing to render adequate care, thus requiring state intervention.

promote the accession to international agreements or the conclusion of such agreements, as

well as the making of other appropriate arrangements.
Nery vs Lorenzo, 44 SCRA 431 (1972)
G.R. No. L-23376 April 27, 1972
Ponente: Fernando, J.:
Facts:
1. A parcel of land was sold to vendee spouses Nery by the widow of the deceased Leoncio
Lorenzo. The vendor was Bienvenida (widow), guardian of the decedent's minor children.
Two (2) of whom later assailed the validity of the said transaction. The latter contended that
despite the order of the guardianship court authorizing the sale of the lot, they were not
informed of the move. Further, they contended that the guardianship proceeding was
conducted without notifying the two older siblings although they were already more than 14
years of age at that time.

In most jurisdictions, this appears in the principle that makes the protection of the best
interests of any child the first and single most important concern of the courts. For example,
in any proceedings affecting the validity of a marriage, the children will not be parties in their
own right, nor will they be parties to any agreement that the spouses may make. In these
proceedings, the courts will often be invited to accept and enforce any agreement between a
husband and wife regarding parental responsibility for their children. This will usually be done
so long as the agreement is seen to be in the best interests and welfare of the children.

2. The heirs of Silveria Ferrer who allegedly owned 1/4 of the property likewise intervened in
the action. The lower court adjudged them the owners of the 1/4 portion and it likewise
declared the sale to be null and void.

Art. 27, Convention on the Rights of a Child

Article 27

Issue: Whether or not the probate court could have validly authorize the sale of the
property

1. States Parties recognize the right of every child to a standard of living adequate for the
child's physical, mental, spiritual, moral and social development.

RULING:
No, the jurisdictional infirmity is clear. The Court of Appeals failed to give due weight to the
jurisdictional defect that the minors over 14 years age were not notified. The probate court is
therefor correct in not have authorized the sale due to this clear jurisdictional infirmity. The
rights of the young should never be ignored and it does not matter if their guardian is their
mother, as even in some cases, the interest of the mother is opposed to that of the children.

2. The parent(s) or others responsible for the child have the primary responsibility to secure,
within their abilities and financial capacities, the conditions of living necessary for the child's
development.
3. States Parties, in accordance with national conditions and within their means, shall take
appropriate measures to assist parents and others responsible for the child to implement this
right and shall in case of need provide material assistance and support programmes,
particularly with regard to nutrition, clothing and housing.
4. States Parties shall take all appropriate measures to secure the recovery of maintenance
for the child from the parents or other persons having financial responsibility for the child,
both within the State Party and from abroad. In particular, where the person having financial
responsibility for the child lives in a State different from that of the child, States Parties shall

3. The spouses Nery appealed to the Court of Appeals which declared the deed of sale to the
spouses (as to the 3/4 portion) by the guardian is valid, without prejudice to the children
demanding from their mother their participation in the proceeds. Not being satisfied with the
appellate court's decision, the spouses Nery, the children of the deceased and Bienvenida
filed these petitions.

Finally, when minors are involved, the state being the parens patriae has the duty to protect
the rights of persons or individuals who because of age or incapacity are in an unfavorable
position.

Child abuse, sexual abuse and exploitation and trafficking


1. CHILD ABUSE
Republic Act No. 7610 Special Protection of Children Against Child Abuse
Exploitation and Discrimination Act
A. Child Abuse
- Child abuse is the physical, sexual or emotional maltreatment or neglect of a
child or children.
(RA 7610, Sec 3) "Child abuse" refers to the maltreatment, whether habitual or not, of the
child which includes any of the following:
1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
2. Any act by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being;
3. Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
4. Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
Types of Abuse
Physical Abuse - Any non-accidental injury to a child.
Sexual Abuse - Any sexual act between an adult and child.
Psychological / Emotional Abuse - Any attitude or behavior which interferes with a
childs mental health or social development. It also includes the failure to provide the
affection and support necessary for the development of a childs emotional, social,
physical and intellectual well-being.
Neglect Intentional failure to provide for a childs needs.
Section 2 Declaration of State Policies and Principles
provide special protection to children from all firms of abuse, neglect, cruelty
exploitation and discrimination and other conditions
policy of the State to protect and rehabilitate children gravely threatened or
endangered
best interests of children shall be the paramount consideration in all actions
concerning them
principle of First Call for Children
Every effort shall be exerted to promote the welfare of children and enhance their
opportunities for a useful and happy life.
Children in Conflict with the Law (CICL)
The term 'children in conflict with the law' refers any person below the age of 18 who
has come in contact with the justice system as a result of committing a crime or being
suspected of committing a crime.
Under Juvenile Justice Law

Child in Conflict with Law refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws

Rights of the CICL

a. the right not to be subjected to torture or other cruel, inhuman or degrading treatment
or punishment;
b. the right not to be imposed a sentence of capital punishment or life imprisonment,
without the possibility of release;
c. the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or
imprisonment being a disposition of last resort, and which shall be for the shortest
appropriate period of time;
d. the right to be treated with humanity and respect, for the inherent dignity of the
person, and in a manner which takes into account the needs of a person of his/her
age. In particular, a child deprived of liberty shall be separated from adult offenders at
all times. No child shall be detained together with adult offenders. He/She shall be
conveyed separately to or from court. He/She shall await hearing of his/her own case
in a separate holding area. A child in conflict with the law shall have the right to
maintain contact with his/her family through correspondence and visits, save in
exceptional circumstances;
e. the right to prompt access to legal and other appropriate assistance, as well as the
right to challenge the legality of the deprivation of his/her liberty before a court or
other competent, independent and impartial authority, and to a prompt decision on
such action;
f. the right to bail and recognizance, in appropriate cases;
g. the right to testify as a witness in hid/her own behalf under the rule on examination of
a child witness;
h. the right to have his/her privacy respected fully at all stages of the proceedings;
i. the right to diversion if he/she is qualified and voluntarily avails of the same;
j. the right to be imposed a judgment in proportion to the gravity of the offense where
his/her best interest, the rights of the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative justice;
k. the right to have restrictions on his/her personal liberty limited to the minimum, and
where discretion is given by law to the judge to determine whether to impose fine or
imprisonment, the imposition of fine being preferred as the more appropriate penalty;
l. in general, the right to automatic suspension of sentence;
m. the right to probation as an alternative to imprisonment, if qualified under the
Probation Law;
n. the right to be free from liability for perjury, concealment or misrepresentation; and
o. other rights as provided for under existing laws, rules and regulations.

2. SEXUAL ABUSE
Art. 34, 35, Convention on the Rights of a Child
Article 34

Child Prostitution - Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution
and other sexual abuse.

States Parties undertake to protect the child from all forms of sexual exploitation and sexual
abuse. For these purposes, States Parties shall in particular take all appropriate national,
bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

Punish persons who:

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

engage in or promote, facilitate or induce child prostitution

(c) The exploitative use of children in pornographic performances and materials.

commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse

derive profit or advantage therefrom, whether as manager or owner of the establishment

where the prostitution takes place

Article 35
States Parties shall take all appropriate national, bilateral and multilateral measures to
prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
RA 7610 Special Protection of Children Against Abuse, Exploitation and
Discrimination Act

Child Trafficking - Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter shall be guilty of child trafficking

Offenses against children under RA 7610

3. EXPLOITATION AND TRAFFICKING

Child Prostitution and other sexual abuse

Republic Act No. 9208 Anti-Trafficking in Persons Act of 2003

Attempt to commit child prostitution

Child Trafficking

Attempt to commit child trafficking

Child pornography and indecent shows and publication

Trafficking in Persons - The recruitment, transportation, transfer, harboring or receipt of a

child for the purpose of exploitation shall also be considered as trafficking in persons
for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage
Bride trade
purpose of removal or sale of organs of said person
to engage in armed activities in the Philippines or abroad
Note: It is considered Qualified Trafficking when the trafficked person is a child

Other acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial
to the Childs Development

CHILDREN IN ARMED CONFLICTS

Employment of children

Discrimination on children of indigenous cultural communities

Children are hereby declared as Zones of Peace

Children shall not be the object of attack
Children shall not be recruited to become members of the Armed Forces
Delivery of basic social services such as education, primary health and emergency
relief services shall be kept unhampered;

safety and protection of those who provide services shall be ensured. They shall
not be subjected to undue harassment in the performance of their work;
Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots

- Children shall be given priority during evacuation as a result of armed conflict

- Whenever possible, members of the same family shall be housed in the same premises and
given separate accommodation from other evacuees and provided with facilities to lead a
normal family life
Any child who has been arrested for reasons related to armed conflict, either as combatant,
courier, guide or spy is entitled to the following rights;
a. Separate detention from adults except where families are accommodated as family
units;
b. Immediate free legal assistance;
c. Immediate notice of such arrest to the parents or guardians of the child; and
d. Release of the child on recognizance within twenty-four (24) hours to the custody of
the Department of Social Welfare and Development or any responsible member of
the community as determined by the court.
Protocol II to the Geneva Convention
Scope of this Protocol
Material field of application
Shall apply to all armed conflicts
Shall not apply to situations of internal disturbances and tensions
Personal field of application
Shall be applied without any adverse distinction
Fundamental Guarantees
1. All persons who do not take a direct part or who have ceased to take part in
hostilities...are entitled to respect for their person, honor, and convictions and
religious practices.
It is prohibited to order that there shall be no survivors.
2. Acts against persons referred to in #1 are and shall remain prohibited at any time and in
any place.
a. Violence to the life, health and physical or mental well-being of persons
b. Collective punishments
c. Taking of hostages

d.
e.
f.
g.
h.

Acts of terrorism
Humiliating and degrading treatment
Slavery
Pillage
Threats to commit any of the above

3. Children shall be provided with the care and aid they require, and in particular:
a. Shall receive an education in including religious and moral education
b. Appropriate steps to reunite families temporarily separated
c. Children who have not attained 15 years of age, shall not be recruited in the armed
forces or groups nor allowed to take part in hostilities
Persons whose liberty has been restricted
Shall be provided with food and drinking water
Allowed to practice their religion
Benefit of working conditions and safeguards
Wounded, Sick, and Shipwrecked
They shall be respected and protected.
There shall be no distinction among them other than medical ones.
All possible measures shall be taken, without delay, to search for and collect the
wounded, sick and shipwrecked.
Protection of Medical and Religious Personnel
Medical and religious personnel shall be respected and protected
They shall not be compelled to carry out tasks which are not compatible with their
humanitarian mission
They may not be required to give priority to any person except on medical grounds
No personnel shall be penalized in any way for refusing or failing to give information
concerning the wounded and sick who are
Civilian Population
The population shall enjoy general protection against he dangers arising from he
military operations
Civilians shall not be the objective of attack.
Starvation of individuals as a methid of combat is proihibited
Civilians shall not be compelled to leave their own territory for reasons