Week 7 CRIM321 2.

Extended Family – this refers to a family

consisting of a several generations of blood
The state recognizes the sanctity of family life relatives. This consists of two nuclear families.
and shall protect and strengthen the family as a
basic autonomous social institution. It shall 3. Joint Family – this refers to married children
equally protect the life of the mother and the with their spouses and children living in one
life of the unborn from conception. The natural residence.
and primary right and duty of parents in the
rearing of the youth for civic efficiency and the 4. Household – consist of individuals that may
development of moral character shall receive or may not be related to each other. They are
the support of the government. having the same residence and share in
domestic functions.
WHAT IS FAMILY?
5. Truncated Family – this refers to
Family is the first and most important social unit grandparents and grandchildren relationships.
to affect children; it is the first social world the
child encounters. It is also a basic social 6. Stem Family – this refers to a family formed
institution which public policy cherishes and by two families-the families do not share the
protects. Consequently, family relations are same residence but their houses may be located
governed by law and no custom, practice or in the same area.
agreement destructive of the family shall be
MODELS OF FAMILY
recognized or given effect.
The Corporate Model The father is the chief
F – Father A – And M – Mother I L – Love Y –
executive officer in the family. The mother is the
You
operating officer, implements the father’s policy
FUNCTIONS OF FAMILY and manages the staff (children) that in turn
have privileges and responsibilities based on
1. Reproduction – the family is the prerequisite their seniority
for the survival of a society to replace one
generation to the next. The Team Model The father is the head and the
mother is the chief of the training table and
2. Security – the family serves as the protector cheer leader. The children, suffering frequent
for all its members performance anxiety, play the rules and stay in
shape with conformity calisthenics. In this
3. Socialization – the family is the social family, competition is the name of the game,
institution that is responsible for the early winning is everything
development of an individual’s personality.
The Military Model The father is the general.
4. Assignment of Status – the family is the initial The mother is the guard on duty with a special
ascribed status is fixed which includes their assignment to the nurse corps when needed.
ethnic and racial status, religious status and also The kids are the soldier. Unruly children are sent
their class status. to stockade, insubordinate wives risk discharge.
Punishment is swift and harsh penalty is called
5. Emotional support – home sweet home, for
character building
there the heart can rest
The Boarding School Model The father is the
FAMILY STRUCTURES
rector or head master, is in charge of the
1. Nuclear Family – this refers to a family training school, mind and bodies. The mother is
consisting a father, mother and children. the dorm counselor who oversees the realm
emotion, illness, good works and bedwetting. decision shall prevail unless there is a judicial
The children are the dutiful students. The order to the contrary. (Art 17, PD 603).
parents have nothing to left to learn, there’s but
taught and test. Under the Family Code (EO 209): In case of
absence or death of either parent, the parent
The Theatrical Model The father is the present shall continue exercising parental
producer, plays the role of the father in this authority. The remarriage of the surviving
model. The mother is the stage manager, parent shall not affect the parental authority
doubles in the part of the mother and children, over the children, unless the court appoints
the stagehands, also acts the role of the girls another person to be the guardian of the person
and boys. No writer is necessary because the or property of the children. (Art 212)
lines are scripted, the roles are sex stereotypes,
and the plot is predictable. In case of separation of the parents, parental
authority shall be exercised by the parent
PARENTAL AUTHORITY designated by the Court. The Court shall take
into account all relevant considerations,
This refers to parents’ rights and responsibilities especially the choice of the child over seven
toward their children from the minute they are years of age, unless the parent chosen is unfit.
born until they turn 18. Under their parental No child under seven years of age shall be
authority, parents make decisions that affect separated from the mother, unless the court
their children’s well-being. This is also known as finds compelling reasons to order otherwise.
Patria Potestas. (Art 213. EO 209)
Under parental authority, parents have these Grandparents
rights and responsibilities toward their children:
Grandparents shall be consulted on important
• Custody family questions but they shall not interfere in
• Supervision the exercise of parental authority by the
• Physical and psychological parents. (Art 18. PD 603)
protection
• Health and safety SUBSTITUTE AND SPECIAL PARENTAL
• Education AUTHORITY
• Providing food
1. The surviving grandparent;
Parental authority and responsibility shall 2. The oldest brother or sister, over 21
include the caring for and rearing them for civic years of age, unless unfit or disqualified;
consciousness and efficiency and the 3. The child’s actual custodian, over 21
development of their moral, mental and years of age, unless unfit or disqualified;
physical character and well-being. (Art 209, EO
209) No renunciation. Parental authority and Guardian - The court may, upon the death of
responsibility may not be renounced or the parents x x x appoint a guardian for the
transferred except in the cases authorized by person and property of the child, on petition of
law. (Article 210, EO 209.) any relative or friend of the family or the
Department of Social Welfare.
Joint Parental Authority
In loco parentis
The father and mother shall exercise jointly just
and reasonable parental authority and The school, its administrators and teachers, or
responsibility over their legitimate or adopted the individual, entity or institution engaged in
children. In case of disagreement, the father's child care shall have special parental authority
and responsibility over the minor child while development, the primary right and obligation
under their supervision, instruction or custody. to provide for their upbringing. (Art 43, PD 603)
Authority and responsibility shall apply to all
authorized activities whether inside or outside Parents shall continue to exercise the rights x x x
the premises of the school, entity or institution. over the person and property of the child. (Art
(Art. 218 EO 209) 44, PD 603)

PARENTAL AUTHORITY TERMINATES Right to Discipline Child

PERMANENTLY:
Parents have the right to discipline the child as
1. Upon the death of the parents; may be necessary for the formation of his good
2. Upon the death of the child; or character, and may therefore require from him
3. Upon emancipation of the child obedience to just and reasonable rules,
suggestions and admonitions.
EMANCIPATION- is the release of a person from
parental authority whereby he/she becomes Duties of Parents are:
capacitated for civil life.
1. Give him affection, compassion and
WHEN DOES MAJORITY COMMENCE AND understanding;
WHAT IS THE EFFECT THEREOF? 2. Extend to him the benefits or moral
guidance, self-discipline and religious
Ans.: Unless otherwise provided, majority instruction;
commences at the age of 18 years (Art. 234, EO 3. Supervise his activities, including his
209) as amended by R.A. No. 6809). recreation;
4. Inculcate in him the value of industry,
UNLESS SUBSEQUENTLY REVIVE BY FINAL thrift and self-reliance;
JUDGMENT, PARENTAL AUTHORITY ALSO 5. Stimulate his interest in civic affairs,
TERMINATES: teach him the duties of citizenship, and
develop his commitment to his country;
1. Upon adoption of the child;
6. Advise him properly on any matter
2. Upon appointment of a general
affecting his development and
guardian;
wellbeing;
3. Upon judicial declaration of
7. Always set a good example;
abandonment of the child in a case filed
8. Provide him with adequate support;
for the purpose;
9. Administer his property, if any,
4. Upon final judgment of a competent
according to his best interest, subject to
court divesting the party concerned of
the provisions of Article320 of the Civil
parental authority; or
Code
5. Upon judicial declaration of absence or
incapacity of the person exercising LIABILITIES OF PARENTS
parental authority.
● Those given the authority and responsibility
RIGHTS AND DUTIES OF PARENTS under the preceding Article shall be principally
and solitarily liable for damages caused by the
Primary Rights of Parents
acts or omissions of the unemancipated minor.
The parents shall have the right to the company The parents, judicial guardians or the persons
of their children and, in relation to all other exercising substitute parental authority over
persons or institutions dealing with the child’s said minor shall be subsidiarily liable.
● The respective liabilities of those referred to him to indignations and other excessive
in the preceding paragraph shall not apply if it is chastisement that humiliates him.
proved that they exercised the proper diligence 9. Causes or encourage the child to lead
required under the particular circumstances. an immoral or dissolute life.
(Art 219 EO 209) 10. Permits the child to possess, handle or
carry a deadly weapon, regardless of its
● All other cases not covered by this and the ownership.
preceding articles shall be governed by the
provisions of the Civil Code on quasidelicts. (Art Penalty
219 EO 209)
The act mentioned in the preceding article
Torts. - Parents and guardians are responsible shall be punishable with imprisonment from
for the damage caused by the child under their two or six months or a fine not exceeding
parental authority in accordance with the Civil five hundred pesos, or both, at the
Code. (Art 58 PD 603) discretion of the Court, unless a higher
penalty is provided for in the Revised Penal
Criminal Liability shall be attached to any Code or special laws, without prejudice to
parent who (Art 59 PD 603): actions for the involuntary commitment of
the child under Title VIII of this Code. (Art
1. Conceals or abandons the child with
60 PD 603)
intent to make such child lose his civil
status Assistance to Parents
2. Abandons the child under such
circumstances as to deprive him of the Admonition to Parents. - Whenever a
love, care and protection he needs. parent or guardian is found to have been
3. Sells or abandons the child to another unreasonably neglectful in the performance
person for valuable consideration of his duties toward the child, he shall be
4. Neglects the child by not giving him the admonished by the Department of Social
education which the family’s station in Welfare or by the local Council for the
life and financial conditions permit. Protection of Children referred to in Article
5. Fails or refuses, without justifiable 87. Whenever a child is found delinquent by
grounds, to enroll the child. any court, the father, mother or guardian
6. Causes, abates, or permits the truancy may be judicially admonished (Art. 61 PD
of the child from the school where he is 603)
enrolled. Truancy, as here used means
absence without cause, for more than Medical and Dental Services. - If the child
twenty school days, not necessarily has special health problems, his parents
consecutive. It shall be the duty if the shall be entitled to such assistance from the
teacher in charge to report to the government as may be necessary for his
parents the absences of the child the care and treatment in addition to other
moment these exceeds five schooldays. benefits provided for under existing law.
7. Improperly exploits the child by using (Art 62 PD 603)
him, directly or indirectly, such as for
Financial Aid and Social Services to Needy
purposes of begging and other acts
Families. - Special financial or material aid
which are inimical to his interest and
and social services shall be given to any
welfare
needy family, to help maintain the child or
8. Inflicts cruel and unusual punishment
children in the home and prevent their
upon the child or deliberately subjects
placement elsewhere. The amount of such
aid shall be determined by the Department the child’s conduct but form
of Social Welfare, taking into consideration, expectations consistent with the child’s
among other things, the self-employment of developing needs and capabilities.
any of the family members and shall be paid Authoritative parents deal with their
from any funds available for the purpose. child in a rational, issue-oriented
(Art 63, PD 603) manner, engage in discussion and
explanation with their children over
Assistance to Widowed or Abandoned rules and discipline.
Parent and Her Minor Dependents. - The 2. AUTHORITARIAN PARENTS – They
State shall give assistance to widowed or place a high value of obedience and
abandoned parent or where either spouse is conformity tending to favor more
on prolonged absence due to illness, punitive, absolute and forceful
imprisonment, etc. and who is unable to disciplinary measures. These parents
support his/her children. Financial and are not responsive to their children and
other essential social services shall be given show little warmth and support. Parents
by the National Government or other duly tend to discourage independent
licensed agencies with similar functions to behaviors of children; instead, they
help such parent acquire the necessary place importance on restricting the
knowledge or skill needed for the proper child’s dependence.
care and maintenance of the family. (Art. 64 3. INDULGENT PARENTS – They behave in
PD 603) responsive accepting, benign or kind,
and more passive ways in matters of
Criterion for Aid. - The criteria to determine
discipline. They place relatively few
eligibility for the aid mentioned in the next
demands on their child’s behavior,
two preceding articles shall be (1) the age of
giving the child a high degree of
the child or children (2) the financial
freedom to act as he or she wishes.
condition of the family, (3) the degree of
These parents believe that control is an
deprivation of parental care and support,
infringement or violation on the child’s
and (4) the inability to exercise parental
freedom that they may interfere with
authority. (Art 65 PD 603)
healthy development.
Assistance to Unmarried Mothers and 4. INDIFFERENT PARENTS – They are fairly
Their Children. - Any unmarried mother unresponsive to their child and try to
may, before and after the birth of the child, minimize the time and energy they
seek the assistance and advice of the must devote to interacting with the
Department of Social Welfare or any duly child or responding to their child’s
licensed child placement agency. The said demands. They know little about their
agencies shall offer specialized professional child’s activities and whereabouts show
services which include confidential help and little interest in their child’s experiences
protection to such mother and her child, at school or in his or her friends, and
including placement of protection to such rarely consider the child’s opinion when
mother and child, including placement of making decisions.
such mother's rights, if any, against the
father of such child. (Art 66 PD 603)

PARENTING STYLES

1. AUTHORITATIVE PARENTS – They are

warm but firm. They set standards for