Philippines Legal Resources

Child Labor Facts Philippines

2010-08-22T00:05:00.000-07:00

CNN: Filipino Kids Behind Bars

2010-08-21T23:48:00.000-07:00

REPUBLIC ACT NO. 9344 AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM

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 fifteen (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 officer 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 official or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office 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 filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code".

RULE ON DNA EVIDENCE

2010-08-16T20:59:00.000-07:00

SECTION 1. Scope. This Rule shall apply whenever DNA evidence, as defined in Section 3 hereof, is offered, used, or proposed to be offered or used as evidence in all criminal and civil actions as well as special proceedings.

SEC. 2. Application of other Rules on Evidence. ” In all matters not specifically covered by this Rule, the Rules of Court and other pertinent provisions of law on evidence shall apply.

SEC. 3. Definition of Terms. For purposes of this Rule, the following terms shall be defined as follows:

(a) Biological sample means any organic material originating from a person body, even if found in inanimate objects, that is susceptible to DNA testing. This includes blood, saliva and other body fluids, tissues, hairs and bones;

(b) DNA means deoxyribonucleic acid, which is the chain of molecules found in every nucleated cell of the body. The totality of an individual DNA is unique for the individual, except identical twins;

(c) DNA evidence constitutes the totality of the DNA profiles, results and other genetic information directly generated from DNA testing of biological samples;

(d) DNA profile means genetic information derived from DNA testing of a biological sample obtained from a person, which biological sample is clearly identifiable as originating from that person;

(e) DNA testing means verified and credible scientific methods which include the extraction of DNA from biological samples, the generation of DNA profiles and the comparison of the information obtained from the DNA testing of biological samples for the purpose of determining, with reasonable certainty, whether or not the DNA obtained from two or more distinct biological samples originates from the same person (direct identification) or if the biological samples originate from related persons (kinship analysis); and

(f) Probability of Parentage means the numerical estimate for the likelihood of parentage of a putative parent compared with the probability of a random match of two unrelated individuals in a given population.

SEC. 4. Application for DNA Testing Order. The appropriate court may, at any time, either motu proprio or on application of any person who has a legal interest in the matter in litigation, order a DNA testing. Such order shall issue after due hearing and notice to the parties upon a showing of the following:

(a) A biological sample exists that is relevant to the case;
(b) The biological sample: (i) was not previously subjected to the type of DNA testing now requested; or (ii) was previously subjected to DNA testing, but the results may require confirmation for good reasons;
(c) The DNA testing uses a scientifically valid technique;
(d) The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of the case; and
(e) The existence of other factors, if any, which the court may consider as potentially affecting the accuracy or integrity of the DNA testing.

This Rule shall not preclude a DNA testing, without need of a prior court order, at the behest of any party, including law enforcement agencies, before a suit or proceeding is commenced.

SEC. 5. DNA Testing Order. ” If the court finds that the requirements in Section 4 hereof have been complied with, the court shall”

(a) Order, where appropriate, that biological samples be taken from any person or crime scene evidence;
(b) Impose reasonable conditions on DNA testing designed to protect the integrity of the biological sample, the testing process and the reliability of the test results, including the condition that the DNA test results shall be simultaneously disclosed to parties involved in the case; and
(c) If the biological sample taken is of such an amount that prevents the conduct of confirmatory testing by the other or the adverse party and where additional biological samples of the same kind can no longer be obtained, issue an order requiring all parties to the case or proceedings to witness the DNA testing to be conducted.

An order granting the DNA testing shall be immediately executory and shall not be appealable. Any petition for certiorari initiated therefrom shall not, in any way, stay the implementation thereof, unless a higher court issues an injunctive order. The grant of a DNA testing application shall not be construed as an automatic admission into evidence of any component of the DNA evidence that may be obtained as a result thereof.

SEC. 6. Post-conviction DNA Testing.” Post-conviction DNA testing may be available, without need of prior court order, to the prosecution or any person convicted by final and executory judgment provided that (a) a biological sample exists, (b) such sample is relevant to the case, and (c) the testing would probably result in the reversal or modification of the judgment of conviction.

SEC. 7. Assessment of probative value of DNA evidence.” In assessing the probative value of the DNA evidence presented, the court shall consider the following:

(a) The chain of custody, including how the biological samples were collected, how they were handled, and the possibility of contamination of the samples;
(b) The DNA testing methodology, including the procedure followed in analyzing the samples, the advantages and disadvantages of the procedure, and compliance with the scientifically valid standards in conducting the tests;
(c) The forensic DNA laboratory, including accreditation by any reputable standards-setting institution and the qualification of the analyst who conducted the tests. If the laboratory is not accredited, the relevant experience of the laboratory in forensic casework and credibility shall be properly established; and
(d) The reliability of the testing result, as hereinafter provided.

The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily.

SEC. 8. Reliability of DNA Testing Methodology. ” In evaluating whether the DNA testing methodology is reliable, the court shall consider the following:

(a) The falsifiability of the principles or methods used, that is, whether the theory or technique can be and has been tested;
(b) The subjection to peer review and publication of the principles or methods;
(c) The general acceptance of the principles or methods by the relevant scientific community;
(d) The existence and maintenance of standards and controls to ensure the correctness of data generated;
(e) The existence of an appropriate reference population database; and
(f) The general degree of confidence attributed to mathematical calculations used in comparing DNA profiles and the significance and limitation of statistical calculations used in comparing DNA profiles.

SEC. 9. Evaluation of DNA Testing Results. ” In evaluating the results of DNA testing, the court shall consider the following:

(a) The evaluation of the weight of matching DNA evidence or the relevance of mismatching DNA evidence;
(b) The results of the DNA testing in the light of the totality of the other evidence presented in the case; and that
(c) DNA results that exclude the putative parent from paternity shall be conclusive proof of non-paternity. If the value of the Probability of Paternity is less than 99.9%, the results of the DNA testing shall be considered as corroborative evidence. If the value of the Probability of Paternity is 99.9% or higher, there shall be a disputable presumption of paternity.

SEC. 10. Post-conviction DNA Testing. Remedy if the Results Are Favorable to the Convict. ” The convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin if the results of the post-conviction DNA testing are favorable to the convict. In case the court, after due hearing, finds the petition to be meritorious, it shall reverse or modify the judgment of conviction and order the release of the convict, unless continued detention is justified for a lawful cause.

A similar petition may be filed either in the Court of Appeals or the Supreme Court, or with any member of said courts, which may conduct a hearing thereon or remand the petition to the court of origin and issue the appropriate orders.

SEC. 11. Confidentiality. ” DNA profiles and all results or other information obtained from DNA testing shall be confidential. Except upon order of the court, a DNA profile and all results or other information obtained from DNA testing shall only be released to any of the following, under such terms and conditions as may be set forth by the court:

(a) Person from whom the sample was taken;
(b) Lawyers representing parties in the case or action where the DNA evidence is offered and presented or sought to be offered and presented;
(c) Lawyers of private complainants in a criminal action;
(d) Duly authorized law enforcement agencies; and
(e) Other persons as determined by the court.

Whoever discloses, utilizes or publishes in any form any information concerning a DNA profile without the proper court order shall be liable for indirect contempt of the court wherein such DNA evidence was offered, presented or sought to be offered and presented.

Where the person from whom the biological sample was taken files a written verified request to the court that allowed the DNA testing for the disclosure of the DNA profile of the person and all results or other information obtained from the DNA testing, the same may be disclosed to the persons named in the written verified request.

SEC. 12. Preservation of DNA Evidence. ” The trial court shall preserve the DNA evidence in its totality, including all biological samples, DNA profiles and results or other genetic information obtained from DNA testing. For this purpose, the court may order the appropriate government agency to preserve the DNA evidence as follows:

(a) In criminal cases:

i. for not less than the period of time that any person is under trial for an offense; or,
ii. in case the accused is serving sentence, until such time as the accused has served his sentence;
and

(b) In all other cases, until such time as the decision in the case where the DNA evidence was introduced has become final and executory.

The court may allow the physical destruction of a biological sample before the expiration of the periods set forth above, provided that:

(a) A court order to that effect has been secured; or
(b) The person from whom the DNA sample was obtained has consented in writing to the disposal of the DNA evidence.

SEC. 13. Applicability to Pending Cases. ” Except as provided in Sections 6 and 10 hereof, this Rule shall apply to cases pending at the time of its effectivity.

SEC. 14. Effectivity.”This Rule shall take effect on October 15, 2007, following publication in a newspaper of general circulation.

Vizconde Massacre DNA Test Approved After More Than 10years

2010-08-16T20:58:00.002-07:00

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PUBLIC ATTORNEY'S OFFICE: Persons Qualified for Legal Assistance

2010-08-16T20:58:00.001-07:00

A. PERSONS QUALIFIED FOR LEGAL ASSISTANCE

Under R. A. 9406, the PAO shall independently discharge its mandate to render, free of charge, legal representation, assistance and counselling to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases. In the exigency of the service, the PAO may be called upon by proper government authorities to render such service to other persons, subject to existing laws, rules and regulations.”

The Merit Test

Under PAO M.C. No. 18 series of 2002, a case shall be considered meritorious if an assessment of the law and evidence on hand discloses that the legal services of the office will assist or be in aid of or in the furtherance of justice, taking into consideration the interests of the party and those of the society. In such cases, the Public Attorney should agree to represent the party concerned. On the other hand, a case is deemed unmeritorious if it appears that it has no chance of success, or is intended merely to harass or injure the opposite party or to work oppression or wrong. In such situation, the Public Attorney must decline the handling of the case.

A Public Attorney may represent an indigent client even if his cause of action is adverse to a public officer, government office, agency or instrumentality provided the case is meritorious. Caution should however be exercised that the office be not exposed to charges of harassment, unfairness or undue haste in the filing of suits.

In criminal cases, the accused enjoys the constitutional presumption of innocence until the contrary is proven. Hence, cases of defendants in criminal actions are considered meritorious.

The Indigency Test

Pursuant to PAO MEMORANDUM CIRCULAR NO. 02 Series of 2010 dated January 27, 2010 and entitled as "AMENDING SECTIONS 3, 4, and 5, ARTICLE II OF MEMORANDUM CIRCULAR NO. 18, S. 2002 (Amended Standard Office Procedures in Extending Legal Assistance)" in relation to the provisions of Republic Act (RA) No. 9406 enacted by Congress and approved by Her Excellency President Gloria Macapagal-Arroyo on March 23, 2007 and its Implementing Rules and Regulations dated July 14, 2008, the Indigency Test set forth in Section 3, Article II, MC No. 18, S. 2002, is hereby amended to read as follows:

Indigency Test. – Taking into consideration recent surveys on the amount needed by an average Filipino family to (a) buy its “food consumption basket” and (b) pay for its household and personal expenses, the following applicant shall be considered as an indigent person:

1. If residing in Metro Manila, whose net income does not exceed Php14,000.00 a month;

2. If residing in other cities, whose net income does not exceed Php13,000.00 a month;

3. If residing in other places, whose net income does not exceed Php 12,000.00 a month.

The term “net income” as herein employed shall be understood to refer to the income of the litigant less statutory deductions.

Statutory deductions shall refer to withholding taxes, GSIS, SSS, Pag-Ibig, Health Insurance and Philhealth premiums as well as mandatory deductions.

For purposes of this Section, ownership of land shall not per se constitute a ground for disqualification of an applicant for free legal assistance in view of the ruling in Juan Enaje vs. Victorio Ramos, et al. (31 SCRA 141, G.R. No. L-22109, January 30, 1970) that the determinative factor for indigency is the income of the litigant and not his ownership of real property.

To ensure that only those qualified shall be extended free legal assistance, the applicant shall be required to execute an Affidavit of Indigency and to submit any of the following documents:

1. Latest Income Tax Return or pay slip or other proofs of income; or

2. Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office having jurisdiction over the residence of the applicant; or

3. Certificate of Indigency from the Barangay Chairman having jurisdiction over the residence of the applicant.

PAO lawyers and personnel shall exercise diligence in ascertaining the indigency qualification of said applicant/s.

Cases Which May be Provisionally Accepted

Cases Which May be Provisionally Accepted by PAO lawyers pending verification of the applicant’s indigency and an evaluation of the merit of his/her case in the following instances:

1. When a warrant of arrest has been issued and assistance is needed in filing a Motion to Post Bailbond or Reduction thereof for his/her provisional liberty;

2. When a person is arrested and/or detained, and appropriate immediate legal action is necessary to protect his/her rights (Sec. 3, Art. 2, MC No. 003, S.2008) ;

3. When a pleading has to be filed immediately to avoid adverse effects to the applicant;

4. When an appeal or petition for certiorari or prohibition has to be perfected or filed immediately;

5. When the PAO lawyer is appointed by the court as counsel de oficio to represent the defendant during the trial of the case, provided, however, that if a subsequent investigation discloses that the client is not an indigent, the lawyer should respectfully request the court to relieve him/her by filing a Motion for Withdrawal of Appearance from the case;

6. When the PAO lawyer is designated on the spot as counsel de oficio for the purpose only of arraignment, pre-trial or promulgation of decision;

7. In cases involving violence against women and their children under Republic Act No. 9262, where immediate preparation and filing of pleading/s is necessary to avoid adverse effects to the victims, except when there is conflict of interest (Sec. 2, Art. IV, MC No. 08, S. 2007) ;

8. In cases involving Children In Conflict with the Law (CICLs), where there is an immediate need of counsel (Sec. 2, Art. IV, MC No. 07, S. 2007);

9. In cases involving credit card holder/s considered as “delinquent” by the credit card company, and immediate action is necessary; and

10. Cases which require provisional assistance pursuant to Section 3 of R.A. 9406 (Section 14-A Chapter 5, Title III, Book IV of Executive Order No. 292, otherwise known as the “Administrative Code of 1987”), to wit:

“SEC. 14-A. Powers and Functions. – The PAO shall independently discharge its mandate to render, free of charge, legal representation, assistance and counselling to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases. In the exigency of the service, the PAO may be called upon by proper government authorities to render such service to other persons, subject to existing laws, rules and regulations.”

11. Other similar urgent cases.

Persons Qualified for Assistance Pursuant to MOAs and DOJ Directives

Persons qualified for assistance pursuant to existing Memorandum of Agreements (MOAs) and Department of Justice(DOJ Directives, as set forth under Section 5, Article II, MC No. 18, S. 2002, is hereby amended to read as follows:

1. Department of Agrarian Reform lawyers against whom criminal and administrative complaints have been filed for acts in connection with the performance of their official duties (Directive of the Minister of Justice);

2. Farmer-beneficiaries of the Agrarian Reform Law,

(a) in agrarian-related civil or criminal cases pending before the courts and

(b) in cases against fellow beneficiaries pending before the courts or the Department of Agrarian Reform Adjudication Board (DARAB) where one of the parties is already represented by a lawyer from the Department of Agrarian Reform (Memorandum of Agreement, dated May 8, 1991, between DAR and DOJ);

3. Indigent laborers in meritorious labor cases (Memorandum Order of the Secretary of Justice, dated May 19, 1988);

4. Indigent aliens (2^ndIndorsement of the Undersecretary of Justice, dated March 25, 1974);

5. Qualified overseas contract workers in all cases within the original and exclusive jurisdiction of the Philippines Overseas Employment Administration (Memorandum of Agreement between PAO, DOLE, POEA, OWWA and some NGOs, dated April 2, 1993);

6. Barangay Health Workers (Sec. 16, Rule II, and Part 5, Rule VII of the Implementing Rules and Regulations of Republic Act No. 7883);

7. Department of Social Welfare and Development in the filing of petitions for the involuntary commitment of minors, as well as the filing of petitions for the declaration that a child is abandoned or neglected (Directive of Minister of Justice Neptali Gonzales, dated February 10, 1987);

8. Members of the Association of Local Social Welfare and Development Officers of the Philippines, Incorporated (ALSWDOPI) in criminal and administrative complaints/cases related to or in connection with the exercise of their profession or performance of duties, unless there is a conflict of interest or when a member does not qualify under the PAO’s Indigency Test, in which case, a provisional assistance shall beafforded to him/her (Memorandum of Agreement between the ALSWDOPI and the Public Attorney’s Office, dated August 27, 2009);

9. Qualified Print and Broadcast Media Practitioners, as well as their staff and crew, who are harassed into incarceration (Memorandum Circular No. 01, S. 2009, dated January 5, 2009 in relation to Memorandum of Agreement between the National Press Club (NPC) and PAO dated May 29, 2009);

10. Dangerous Drugs Board, its authorized representatives and drug offenders, in the filing of petitions for voluntary confinement, except when there is conflict of interest (Memorandum of Agreement between the Dangerous Drugs Board and the Public Attorney’s Office, dated July 15, 2008);

11. Filipino complainants against foreigners for violations of immigration, alien registration and other local laws; respondent foreigners in deportation cases; Bureau of Immigration clients in the notarization of applications; and such other legal services assigned by the Commissioner (Memorandum of Agreement between the Bureau of Immigration and the Public Attorney’s Office, dated February 4, 2009);

12. Members of the Press Photographers of the Philippines (PPP) under investigation for a complaint or on trial for a case, including cases under inquest proceedings, related to or in connection with the exercise of profession or performance of duties, and to the families of PPP members who are victims of media killings (Memorandum of Agreement between the Press Photographers of the Philippines and the Public Attorney’s Office, dated May 25, 2009);

13. Officials of the Philippine National Police holding the ranks of Police Officer I (POI) to Senior Police Officer 4 (SPO4) when sued in the performance of their police duties (DOJ Department Circular No. 78, dated October 26, 2009 and Memorandum, dated November 9, 2009)

Other Persons Qualified for Assistance

Immediate members of the family and relatives within the 4th civil degree of consanguinity or affinity of Public Attorneys may avail of the latter’s services regardless of qualification under the indigency test, with the approval of the Regional Public Attorney, if the case is within his region or the Chief Public Attorney, if the case is outside of his region and provided further that the said lawyer files a leave of absence on the day of the hearing.

PAO personnel may also avail of the legal services of PAO lawyers in criminal cases: Provided, that the PAO is not the adverse party.

B. PERSONS NOT QUALIFIED FOR LEGAL ASSISTANCE

(PAO Memorandum Circular No. 18, Series of 2002, Article II, Section 6)

Public Attorneys are prohibited from assisting the following parties:

Juridical persons; except those juridical entities which are non-stock, non-profit organization whose individual members will pass the indigency test of the office, provided their cases involve land disputes and that they are not the lessor thereof;
Parties who do not pass the Merit and Indigency Tests, unless appointed as counsel de oficio in criminal cases only under existing laws, rules and regulations;
Parties represented by de parte counsel; and
Landlords of residential lands and building with respect to the filing of collection or unlawful detainer suits against their tenants.

C. CASES NOT TO BE HANDLED
(PAO Memorandum Circular No. 18, Series of 2002, Article II, section 7)

PAO lawyers shall not handle cases where they would be representing conflicting interests. Neither shall they handle the prosecution of criminal cases in court.
As a matter of office policy, PAO lawyers should, likewise, refrain from undertaking the defense of persons accused of violating BP 22, unless they are appointed by the court as counsel de oficio under existing laws, rules and regulations.PAO lawyers shall, likewise, not handle Adoption cases, except when either parent of the person to be adopted is the petitioner-adopter and provided that he/she passes the indigency test.

How to avail of services of the PAO

To ensure that only those qualified shall be extended free legal assistance, the applicant shall be required to execute an Affidavit of Indigency and to submit any of the following documents:

1. Latest Income Tax Return or pay slip or other proofs of income; or

3. Certificate of Indigency from the Barangay Chairman having jurisdiction over the residence of the applicant.

Public Attorney's Office Central Office

4th & 5th Floors DOJ Agencies Building

NIA Rd. corner East Ave., Diliman, Quezon City

Tel. No. 929-9436

Email. pao_executive@yahoo.com

Website:http://www.pao.gov.ph/

PUBLIC ATTORNEY'S OFFICE: List Of Services

2010-08-16T20:57:00.001-07:00

List Of Services

REGULAR SERVICES

1. Legal Representation in courts (RTC, MTC, MTCCs,CA, SC) and quasi-judicial bodies such as NLRC, Office of the Prosecutors, POEA, DARAB, PRC, etc.

2. Representation of Indigent Accused in Court (Criminal Cases)

3. Preparation of responsive pleadings and Representation of Indigent defendant in Ordinary Civil Actions

4. Preparation of responsive pleadings and Representation of Indigent defendant/respondent in Special Proceedings

5. Preparation of responsive pleadings and Representation of Indigent defendant/respondent in Special Civil Actions

6. Preparation and filing of Complaint in Ordinary Civil Action

7. Preparation and filing of Complaint/petition in Special Civil Actions

8. Preparation and filing of petition in Special Proceedings

9. Representation of employee-complainant in Labor Cases

10.Representation of indigent in Administrative Cases

11.Preparation of Affidavits / Representation of Indigents in preliminary investigation

LIMITED SERVICES

1.Documentation

a. Preparation of affidavits

b. Preparation of pleadings, petitions, motions, etc.

c. Administration of oath and notarial services

2. Legal Assistance during inquest and custodial investigation

NON-JUDICIAL SERVICES

a. Legal advice thru telephone, print media, radio programs, email and letter (postal system)

b. Responses to texts messages

c. Legal counselling for walk-in clients

d. Mediation and conciliation

e. 24/7 central office counselling via hotline : +(63-2)-9299436

OUTREACH ACTIVITIES

a. Barangay Outreach and legal Information Dissemination Program

b. Jail Visitation and Decongestion Program

c. Media linkage activities

FORENSIC SERVICES

a. Forensic Laboratory services

b. Forensic Education and Training

c. Forensic Analysis and Opinion

d. Crime Scene Investigation and Reconstruction

e. Specialized Forensic Services

1. Forensic Medicine

2. Bloodstain Pattern Analysis

3. Forensic and Evidence Photography

4. Forensic Archaeology (Exhumation and Crime Scene Documentation)

5. Forensic Osteological Analysis

6. Identification

DR. ERWIN P. ERFE,MD, LLB, CFP,FRID

Director, Forensic Laboratory

Public Attorney's Office

5F DOJ Agencies Building

NIA Road corner East Avenue

Diliman, Quezon City 1100

Email: paoforensics@yahoo.com.ph

How to avail of services of the PAO

To ensure that only those qualified shall be extended free legal assistance, the applicant shall be required to execute an Affidavit of Indigency and to submit any of the following documents:
1. Latest Income Tax Return or pay slip or other proofs of income; or

2. Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office having jurisdiction over the residence of the applicant; or

3. Certificate of Indigency from the Barangay Chairman having jurisdiction over the residence of the applicant.

Public Attorney's Office Central Office

4th & 5th Floors DOJ Agencies Building

NIA Rd. corner East Ave., Diliman, Quezon City

Tel. No. 929-9436

Email. pao_executive@yahoo.com

Website: http://www.pao.gov.ph/

Solo Parents' Welfare Act of 2000

2010-08-15T04:17:00.000-07:00

REPUBLIC ACT NO. 8972

AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines Congress assembled:

Section 1. Title. - This Act shall be known as the "Solo Parents' Welfare Act of 2000."

Section 2. Declaration of Policy. - It is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a comprehensive program of services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the National Housing Authority (NHA), the Department of Labor and Employment (DOLE) and other related government and nongovernment agencies.

Section 3. Definition of Terms. - Whenever used in this Act, the following terms shall mean as follows:

(a) "Solo parent" - any individual who falls under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;

(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;

(3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;

(6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care and support to a child or children;

(10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.

A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.

(b) "Children" - refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability.

(c) "Parental responsibility" - with respect to their minor children shall refer to the rights and duties of the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the "Family Code of the Philippines."

(d) "Parental leave" - shall mean leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.

(e) "Flexible work schedule" - is the right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer.

Section 4. Criteria for Support. - Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for assistance: Provided, however, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.

Section 5. Comprehensive Package of Social Development and Welfare Services. - A comprehensive package of social development and welfare services for solo parents and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local government units and a nongovernmental organization with proven track record in providing services for solo parents.

The DSWD shall coordinate with concerned agencies the implementation of the comprehensive package of social development and welfare services for solo parents and their families. The package will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic business management, value orientation and the provision of seed capital or job placement.

(b) Counseling services which include individual, peer group or family counseling. This will focus on the resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children.

(d) Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment.

Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.

Section 7. Work Discrimination. - No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status.

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.

Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following benefits and privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this program.

Section 10. Housing Benefits. - Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the NEDA.

Section 11. Medical Assistance. - The DOH shall develop a comprehensive health care program for solo parents and their children. The program shall be implemented by the DOH through their retained hospitals and medical centers and the local government units (LGUs) through their provincial/district/city/municipal hospitals and rural health units (RHUs).

Section 12. Additional Powers and Functions of the DSWD. — The DSWD shall perform the following additional powers and functions relative to the welfare of solo parents and their families:

(a) Conduct research necessary to: (1) develop a new body of knowledge on solo parents; (2) define executive and legislative measures needed to promote and protect the interest of solo parents and their children; and (3) assess the effectiveness of programs designed for disadvantaged solo parents and their children;

(b) Coordinate the activities of various governmental and nongovernmental organizations engaged in promoting and protecting the interests of solo parents and their children; and

(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by which such provisions are effectively implemented.

Section 13. Implementing Rules and Regulations. - An interagency committee headed by the DSWD, in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and DILG is hereby established which shall formulate, within ninety (90) days upon the effectivity of this Act, the implementing rules and regulations in consultation with the local government units, nongovernment organizations and people's organizations.

Section 14. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the budget of concerned government agencies in the General Appropriations Act of the year following its enactment into law and thereafter.1awphil.net

Section 15. Repealing Clause. - All laws, decrees, executive orders, administrative orders or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 16. Separability Clause. - If any provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall continue to be in full force and effect.

Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days following its complete publication in the Official Gazette or in at least two (2) newspaper of general circulation.

Approved.

(Sgd.)

JOSEPH EJERCITO ESTRADA
President of the Philippines

PATERNITY AND FILIATION

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Chapter 2. Proof of Filiation

Art. 172. The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be

proved by:

(1) The open and continuous possession of the status of a legitimate child; or

(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)

Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.

Art. 174. Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;

(2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and

(3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. (264a)

Chapter 3. Illegitimate Children
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Art. 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. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

Going To Court For Child Support

2010-08-15T04:03:00.001-07:00

By Persida Acosta

Dear PAO,
I am unmarried and pregnant. The biological father of my child has no intention to sign the birth certificate once the child is born. He belongs to a prominent family, but he reasoned that since he is only getting an allowance and not earning a salary from their family businesses, he is financially incapable of providing support. Furthermore, I do not know where to file the child support case. I am currently residing in Manila but on record my permanent address is our province and the biological father resides in another province. Please advice me on the steps to be taken in filing for child support as soon as I give birth and the things I should be ready with.
Dessa

Dear Ms. Dessa,
Clearly, your child is entitled to financial support from his/her biological father. However, as you mentioned in your letter that the father has no intention of recognizing your child as his own, then you must first prove his relationship to your child. In other words, you must establish the filiation between father and child before you may successfully demand for support from the father... read more click here: Going To Court For Child Support

Illegitimate Children to Use the Surname of their Father

2010-08-15T04:02:00.000-07:00

Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila

ADMINISTRATIVE ORDER NO. 1
Series of 2004

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION 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 Commonwealth Act No. 591, the Office of the Civil Registrar General hereby promulgates the following Implementing Rules and Regulations of Republic Act No. 9255 signed by President Arroyo on February 24, 2004 and took effect on March 19, 2004, 15 days after publication in a newspaper of general circulation.

Rule 1. Coverage

1.1 These Rules shall apply to all illegitimate children born before or after the effectivity of R.A. 9255. This includes:

1.1.1 Unregistered births;

1.1.2 Registered births where the illegitimate children use the surname of the mother.

Rule 2. Definition of Terms

As used in these rules, the following terms shall mean:

2.1. Public document � refers to affidavit of recognition executed by the father such as the Affidavit of Admission of Paternity or the Affidavit of Acknowledgment.

2.2. Private handwritten instrument � an instrument executed in the handwriting of the father and duly signed by him where he expressly recognizes paternity to the child.

2.3. Local Civil Registry Office (LCRO) � a department in the city/municipal government mandated to perform civil registration functions.

2.4. Office of the Civil Registrar General (OCRG) � refers to the national government office mandated to carry out and administer the provisions of the laws on civil registration headed by the Civil Registrar General who is also the Administrator of the National Statistics Office (NSO).

2.5. Affidavit to Use the Surname of the Father (AUSF) - an affidavit to be executed in order to use the surname of the father. The AUSF is a registrable document.

2.6. 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 in administering his own affairs. This term 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:

2.6.1 The surviving grandparent (Article 214, Family Code);

2.6.2 The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article 216(2), Family Code); and

2.6.3 The child's actual custodian, over 21 years of age, unless unfit or disqualified (Article 216 (3), Family Code).

Rule 3. Who may file

Under these rules, the father, mother, child if of age, or the guardian, may file the public document or Affidavit to Use the Surname of the Father (AUSF) in order for the child to use the surname of the father.

Rule 4. Where to file

4.1. The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred within the Philippines.

4.2. The public document or AUSF executed outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred within the Philippines.

4.3. The public document or AUSF whether executed within or outside the Philippines shall be filed at the LCRO of Manila, if the birth occurred outside the Philippines.

Rule 5. What to file

The following shall be filed at the LCRO:

5.1. Certificate of Live Birth with accomplished Affidavit of Acknowledgement/ Admission of Paternity at the back

5.2. Public document

5.3. AUSF, including all supporting documents

Rule 6. When to register

The public document not made on the record of birth, or the AUSF shall be registered within twenty (20) days from the date of execution at the place where the birth was registered. Otherwise the procedures of late registration shall be applied.

Rule 7. Requirements for the Child to Use the Surname of the Father

7.1 For Births Not Yet Registered

7.1.1 The illegitimate child shall use the surname of the father if a public document is executed by the father, either at the back of the Certificate of Live Birth or in a separate document.

7.1.2 If admission of paternity is made through a private handwritten instrument, the child shall use the surname of the father, provided the registration is supported by the following documents:

a. AUSF
b. Consent of the child, if 18 years old and over at the time of the filing of the document
c. Any two of the following documents showing clearly the paternity between the father and the child:

1) Employment records
2) SSS/GSIS records
3) Insurance
4) Certification of membership in any organization
5) Statement of Assets and Liabilities
6) Income Tax Return (ITR)

7.2 For Births Previously Registered under the Surname of the Mother

7.2.1 If filiation has been expressly recognized by the father, the child shall use the surname of the father upon the submission of the accomplished AUSF.

7.2.2 If filiation has not been expressly recognized by the father, the child shall use the surname of father upon submission of a public document or a private handwritten instrument supported by the documents listed in Rule 7.1.2.

7.3 Except in Item 7.2.1, the consent of the illegitimate child is required if he/she has reached the age of majority. The consent may be contained in a separate instrument duly notarized.

Rule 8. Effects of Recognition

8.1 For Births Not Yet Registered

8.1.1 The surname of the father shall be entered as the last name of the child in the Certificate of Live Birth. The Certificate of Live Birth shall be recorded in the Register of Births.

8.1.2 If admission of paternity is done at the back of the Certificate of Live Birth, no annotation is made in the Certificate of Live Birth. However, annotation shall be made in the Register of Births as follows:

"Acknowledged by (name of father) on (date) pursuant to RA 9255."

8.1.3 If admission of paternity is made in a separate public document, the proper annotation shall be made in the Certificate of Live Birth and the Register of Births. The annotation shall be as follows:

"Acknowledged by (name of father) on (date) pursuant to RA 9255."

8.1.4 In case of delayed registration, follow the provisions under 8.1.1 to 8.1.3 and comply with the requirements under Rule 25 of Administrative Order No. 1 series of 1993. Proper annotation with regard to delayed registration shall be made.

8.2 For Births Previously Registered under the Surname of the Mother

8.2.1 If admission of paternity was made either at the back of the Certificate of Live Birth or in a separate public document or in a private handwritten document, the public document or
AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:

"The surname of the child is hereby changed from (original surname) to (new surname) pursuant to RA 9255."

The original surname of the child appearing in the Certificate of Live Birth and Register of Births shall not be changed or deleted.

8.2.2 If filiation was not expressly recognized at the time of registration, the public document or AUSF shall be recorded in the Register of Legal Instruments. Proper annotation shall be made in the Certificate of Live Birth and the Register of Births as follows:

"Acknowledged by (name of father) on (date). The surname of the child is hereby changed from (original surname) to (new surname) on (date) pursuant to RA 9255."

Rule 9. Issuance of Certified Copy of Certificate of Live Birth and LCR Form 1A

In the issuance of the certified copy, proper annotations as provided under Rule 8 shall be made on the Certificate of Live Birth or on the certified transcription (LCR Form 1A) from the Register of Births.

Rule 10. Duties of the Local Civil Registrar

10.1. Examines the authenticity of the Certificate of Live Birth and/or ascertains the truth of the facts stated in the affidavit and the documents presented.

10.2. Accepts for registration the following documents:

a. Certificate of Live Birth
b. Public document
c. AUSF

10.3. Records the entries in the Certificate of Live Birth in the Register of Births, and the public document and AUSF in the Register of Legal Instruments.

10.4. Annotates the Certificate of Live Birth and the remarks portion of the Register of Births.

10.5. Issues certified copies of Certificate of Live Birth or certified transcription (LCR form 1A) with annotations.

10.6. Distributes the annotated Certificate of Live Birth, registered public document or AUSF including any supporting document as follows:

a. First copy to owner of the document;
b. Second copy to the OCRG;
c. Third copy to the LCRO.

Rule 11. Retroactivity Clause

These rules shall have retroactive effect for all births occurring within and outside the Philippines.

Rule 12. Separability Clause

If any portion or provision of this Implementing Rules and Regulations is declared void or unconstitutional, the remaining portions or provisions thereof shall not be effected by such declaration.

Rule 13. Repealing Clause

All circulars, memoranda, rules and regulations or parts thereof inconsistent with the provisions of these rules are hereby repealed or modified accordingly.

Rule 14. Effectivity

These rules shall take effect 15 days after its publication in a newspaper of general circulation in the Philippines.

APPROVED this 14th day of May 2004.

(Sgd.) CARMELITA N. ERICTA
Civil Registrar General