RA 7610: Special Protection of Children Against Abuse, Exploitation, and Discrimination

1. Who will have custody of the children upon the filing of child abuse?
Answer: DSWD [See Sec. 10 of RA 7610]
2. May a minor commit child abuse?
Answer: Yes because ANY person may be punishable for child abuse [See Sec. 10 of RA 7610]
3. What is the extent of the penalty imposed if the parent commits child abuse against their child?
Answer: The penalty imposed will be in the maximum period or be considered as an aggravating
circumstance because such parent cannot be expected to care for and rear the child in a healthy,
wholesome, and upright manner if he/she commits such acts of abuse
RH Law of 2012
1. In the law, is parental consent completely dispensed with when it comes to reproductive health
services sought by an unempancipated child?
Answer: No. Parental consent is dispensed with only in emergency or serious cases. Parental
consent is still needed when it comes to elective surgical procedures.
2. In the case of married couples, and one refuses to give consent in seeking reproductive health
services, whose decision should prevail?
Answer: Under the law, the decision of the one undergoing the procedure. However, this was
declared unconstitutional by the Supreme Court in the case of Imbong vs. Ochoa, Jr. because it
threatens the marriage for the sake of taming population growth.
3. Why do you think the law in the first place included the provision that the decision of the one
undergoing the procedure would prevail over the other spouse's refusal?
Answer: Because personal constitutional rights of a spouse remain even after he is married, and are
honored by the courts in proceedings. The spouse undergoing the procedure still has his/her personal
right to health or life. Thus, the decision to subject one's body to undergo such procedure was
intended to prevail. However, the SC declared this clause unconstitutional for the reason that this
would weaken or destroy the marriage.
Rules of Guardianship
1) 3 types of Guardians
Answer:
a. Guardianship over person,
b. Guardianship over property and
c. Guardianship over person and property (General Guardian)
2) Why is it not a Summary Proceeding
Answer: Petition for guardianship can be opposed per Section 6 must be a full blown trial
3) Can it be decided by the documents?
Answer: No. It cannot be decided by the documents because that would become a summary
proceeding.

4) Related provision in the family code in the order of Guardianship

Answer: Article 216
5) Is it an adversarial proceeding?
Answer: YES
6) What is the purpose for allowing a child 14 or older to petition for guardianship of his property?
Answer: If his property is being mismanaged by his parents/current guardians.
Domestic Adoption
1. Difference between temporary parental authority, parental authority, substitute parental authority
and special parental authority
Answer:
Temporary - given to adoptive parents during supervised trial custody. Same powers as primary
parental authority and they may discipline using corporal punishment
Substitute parental authority - when parental authority is passed to the surviving grandparents,
brother or sister over 21, custodian over 21. Same powers as primary parental authority. May also
inflict corporal punishment
Special - given to teachers, institutions, schools engaged in child care. Applicable only when they are
supervising minor children. Cannot inflict corporal punishment
Notes:
- supervised trial custody is for 6 months but may be waived
- 27 years old to adopt and must have 16 years age gap
Inter-country adoption
1. What kind of parental authority is given during the 6 month trial custody.
Answer: Substitute parental authority
2. What are the two kinds of procedures in inter- country adoption? Where to file application?
Answer: Refer to book 1. Philippine RTC having jurisdiction over the child
2. Inter-country adoption board

Solo Parents Welfare Act

1) Isnt the law contradictory to the state's policy that promotes family as the foundation of the nation?
Answer: There's a termination clause that ceases the benefits if ever they do get married

2) How does the law reconcile with promoting marriage

Answer: The law recognizes the fact that there are unmarried and separated parents and the
paramount consideration would be the interest of the child.

3) Punishment for companies who dont give parental leave

Answer: None yet, but there is a proposed amendment.
RA 10165: Foster Care Act
1. What is the liability of the foster parents?
Answer: They exercise "temporary" parental authority which is equivalent to original parental
authority.
Foster parents are also liable for acts of the children when:
a. Exercise parental authority over the child
b. B. Child is in their custody
3. Differentiate a Child living in a Foster Home and a child lining in an Institution.
Answer: A child living in a foster home really experiences how it feels like to be in a family, because
the set up of a foster home is like that of a family.
In an institution, there are a lot of kids and there are people watching over you.