RIGHTS OF CHILD

PREAMBLE
PREAMBLE
Affirms the fact children possess inherent dignity and human rights but vulnerable to abuse
and exploitation
Emphasizes need to provide children with special care and assistance before and after birth
Not a source of rights or obligations but a guide in the interpretation of other provisions of the
convention
Definition of a Child (Art. 1)
Persons below 18 years old consistent with Philippine laws with some exceptions like PD 603
which covers persons below 21 years old, RA 7610 covers persons above 18 but could not fully
take care of themselves
Constitution child encompass the unborn children conceived in the womb of the mother

Non-discrimination (Art 2)
Constitution- provides no person shall be denied protection of the law except for reasonable
classification: a) must rest on substantial distinction; b) must be germane to the purpose of
the law; c) must not be limited to existing conditions; d) must apply equally to all members of
the same class (Pp vs Cayat)(Quinto vs COMELEC)

Distinction between legitimate and illegitimate children
Legitimate children include:
Those conceived or born during the marriage of parents
Those conceived as a result of artificial insemination of the wife with the sperm of the
husband or donor, ratified by both in a written instrument signed before birth
Those conceived or born before the judgment of annulment of marriage
Those conceived or born before judgment of absolute nullity of marriage by reason of
psychological incapacity
Those conceived prior to the termination of marriage by reason of the reappearance of an
absent spouse
Legitimated children

Illegitimate children
Those conceived and born outside a valid marriage unless other provisions of the Family Code
provide otherwise
Those born of void marriages

Differences in rights
Use of surname
Parental authority
Preferential right to support
Successional rights
As beneficiaries in Employees Compensation and State Insurance Fund, primary and
secondary
GSIS and SSS-same primary beneficiaries but differ in shares
Paternity leave

Best interests of the child (Art 3)
No exact definition, case to case basis
To ensure the total physical, emotional, moral, spiritual, social and intellectual gorwn and
development of the child
Child under 7 years old shall not be separated from the mother

CASES
Dempsey vs RTC, 164 SCRA 385
Cervantes vs Fajardo, 169 SCRA 575