CHAPTER 3:

THE
FAMILY
MEMBERS:
BUAYA, ANGELICA P. BUENAVENTURA, RICHIE D.

CANDAZA, JHONMAR Z. CANTERO, MARJORIE C.

CASILANG, VERNARDA G. DANTES, CHARLIE E.

DARANTINAO, MARK JAYSON L. DIAGMEL, PHILIP C.

DIMPO, LEONY MAE R. EBBAY, SAN CYR P.

ENCARGUEZ, JESSA C. ENOC, JHON MARK C.

ESPLANA, MA. ISABEL M. ESPLANADA, JORENCE R.

*Family: A social unit where the father is concerned with
parking space, the children with outer space, and the mother
with closet space" By: Evan Esar.

*"There is no doubt that is around the family and the home

that all the greatest virtues. the most dominating virtues of
human society, are created, strengthened and maintained" By:
Winston Churchill.

*Family is the basic social group that is united by blood

(consanguinity) or marriage
FUNCTIONS
OF FAMILY
1. Reproduction - The family is a prerequisite for the
survival of a society to replace one generation to the next.

2. Security-The family serves as a protector for all its

members especially the young and helpless against all
kinds of danger.

3. Socialization - It is primarily the social institution that is

responsible for the early development of an individual's
personality.

4. Assignment of Status - It is in the family that the initial

ascribed status is fixed which includes their ethnic and
racial status, religious status and also their class status.

5. Emotional Support - This is perhaps the best way to

describe the kind of emotional support a family can give.

6. Other functions of the family

 FAMILY
STRUCTURES
1. Nuclear Family – This refers to a family consisting of a
husband and wife plus their children.
 3. Joint family- This refers to married
children with spouses and children living in
one residence. The joint family is horizontal
in relationship unlike the extended family
2. Extended Family-this refers to a family which is vertical. Their two generations in a
consisting of several generations of blood joint family – the father, the son, and the
relatives. This consists of two nuclear
grandson.
families; the family of orientation and the
family of procreation. Anthropologists
distinguish between the family of orientation,
that is, the family in which one is born and
grows up or where the individual receives.
4. Household – the household may consist of one individual or a
hundred individual. The individuals may or any not be related to
one another. All of them are considered members of the household
having the same residence and share in the domestic functions.
House hold is a census term.
 5. Truncated family- this is not common form of family. This refers to
the grandparent grandchildren relationship. This form of family happens
when grandparents assume the parental responsibility when the parents
die and they act as surrogate parents. Financial problems of parents could
be another reason why grandparents take on the responsibility as
surrogate parents.

6. Stem Family- this refers to family formed by two families

the family of orientation and the family of procreation. It is
similar to the extended family. The families do not share a
common residence but their houses may be located in the same
area. This form of family is typically agricultural. For example,
one male may do farming while the other children work
outside the farm. Those left in the farm also take care of the
other children and receive share from the farm products.
MODELS
OF
FAMILY
1. The Corporate Model - The father is the chief executive officer in this
family model. The mother is the operating office, implements the father's
policy and manage the staff (children) that in turn have privileges and
responsibilities based on their seniority.

2. The Team Model - The father is the head and the mother is the chief of
the training table and cheer leader in this family model. The children,
suffering frequent performance anxiety, play the rules and stay in shape
with conformity calisthenics. In this family, competition is the name of the
game, winning is everything.

3. The military Model - The father is the general in this model. The
mother is the guard on duty with a special assignment to the nurse corps
when needed. The kids are grunts. Unruly children are sent to stockade,
insurbordinate wives risk discharge. Punishment is swift and sadism is
called character building

4. The boarding School Model - This family model views the father as
the rector or head master, is in charge of the training school, mind and
bodies. The mother is the dorm counselor who oversees the realm emotion,
illness, good works and bedwetting. The children are dutiful students. The
parents have nothing left to learn, there's but taught and test.
5. The boarding School Model - This family model views the
father as the rector or headmaster, is in charge of the training
school, mind and bodies. The mother is the dorm counselor
who oversees the realm emotion, illness, good works and
bedwetting. The children are dutiful students. The parents have
nothing left to learn, there's but taught and test.

6. The Theatrical Model - The father is the producer, plays the

role of the father in this model. The mother is the stage
manager, doubles in the part of the mother and children, the
stage hand, also acts the roles of girls and boys. No writer is
necessary because the lines are scripted, the roles of girls and
boys. No writer is necessary because the lines are scripted, the
roles are sex stereotypes, the plot is predictable. Kinship
System Kinship refers to human relations based on biological
descent and marriage. It is founded on social differences and
cultural creations.
KINSHIP SYSTEM
Kinship refers to human relations based on biological descent and
marriage. It is founded on social differences and cultural creations.

Types of Kinship

1. Consanguinity - It refers to the links between blood relatives.

2. Affinity - It refers to the link between relatives by marriage.

AGENTS OF SOCIALIZATION
Family - is the most important agent in socialization. It plays an important
role and has a special responsibility. From the family the child is given care,
emotional support, medical attention, shelter, education, and other basic
support needs.

School - is a formal agent of socialization. It is in the school where

emotional and intellectual growth are forged.

Peers - the peer groups are another very potential agent of socialization. The
peer group is an informal grouping of two or more individuals, about the
same age levels, neighborhood, school or friends.

Mass Media - may be in the form of print, broadcast, or electronic. It covers

a wide field of interest and the whole society is the audience, that is form
from the children to adults.

Religion - Religion is an agent of socialization that can assist in giving a

society a sense of direction. Morals and values which are inherent in
religion can give guidance about what is appropriate in terms of roles and
behaviors of a society or individual.
 RIGHTS AND
OBLIGATIONS
BETWEEN HUSBAND
AND WIFE
 The Husband and Wife are Obliged:
1. to live together;

2. observe mutual love, respect and fidelity; and

3. render mutual help and support (Art. 68, FC, Desiderio, 2006)
FAMILY RELATIONS INCLUDE THOSE:
1. between husband and wife

2. between parents and child

3. among other ascendants and descendants; and

4. among brothers and sisters, whether of the full or half-blood (Art. 50, FC,
Desiderio, 2006)
FAMILY IS LIKE A PICTURE, TREASURE IT AND HOLD ONTO IT
FOREVER.

THE FAMILY HOME

The family home, constituted jointly by the husband and wife or by an
unmarried head of a family, is the dwelling house where they and their family
reside, and the land on which it is situated (Art.152, FC)
THE BENEFICIARIES OF A FAMILY HOME ARE:

1. the husband and wife, or a single person who is the

head of a family; and

2. their parents, ascendants, descendants, brothers, and

sisters, whether the relationship be legitimate or
illegitimate, who are living in the family home and who
depend upon the head family for legal support. (Art.45, PD
603)
RIGHTS AND DUTIES OF PARENTS PRIMARY RIGHTS OF PARENTS

The parents shall have the right to the company of their children and, in
relation to all other persons or institutions dealing with the child's developments ,
the primary right and obligation to provide for their upbringing (Art. 45, PD 603)
 DUTIES OF PARENTS ARE:
1. give him affection, companionship and understanding
2. extend to him the benefits of moral guidance, self-discipline
and religious instruction;
3. Supervise his activities, including his recreation; on which
house and
4. inculcate in him the value of industry, thrift and self-reliance;
5. stimulate his interest in civic affairs, teach him the duties of
citizenship, and develop his commitment to his country;
6. advise him properly on any matter affecting his development
and well-being;
7. always set a good example;
8. provide him adequate support;
9. administer his property, if any, according to his best interest,
subject to the provisions of article 320 of the Civil Code
(Desideerio, 2006). "Art. 320 of the Civil Code: The father, or
in his absence the mother, is the legal administrator of the
property pertaining to the child under parental authority. If the
property is worth more than two thousand pesos, the father or
mother shall give a bond subject to the approval of the Court of
First Instance"
LIABILITIES OF PARENTS
Parents and guardian are liable for the damage caused
by the child under their parental authority (Art. 58, PD 60
1. Conceals or abandons the child with duty of the teacher in charge to report the
intent to make such child lose his civil parents the absences of the child the
status.
CRIMINAL LIABILITY moment these exceed five schooldays.
SHALL BE ATTACHED TO
2. Abandons the child under such 8. Improperly exploits the child by using
ANY PARENT WHO:
circumstances as to deprive him of the him, directly or indirectly, such as for
love, care and protection he needs. purposes of begging and other acts which
3. Sells or abandons the child to another are inimical to his interests and welfare.
person for valuable consideration. 9. Causes or encourages the child to lead
4. Neglects the child by not giving him the an immoral or dissolute life
education which the family’s station in life 10. Permits the child to possess, handle or
and financial conditions permit. carry a deadly weapon, regardless of its
5. Fails or refuses, without justifiable ownership.
grounds, to enroll the child 11. Allows or requires the child to drive
6. Causes, abates, or permits the truancy of without a license or with a license which
the child from the school where he is the parent knows to have been illegally
enrolled. Truancy, as here used means procured. If the motor vehicle driven by
absence without case, for more than twenty the child belongs to the parent, it shall be
schooldays, not necessarily consecutive. it presumed that he permitted or ordered the
shall be the child to drive (Desiderio, 2006)
Paternity and Affiliation
The filiations of children may be by nature or by
adoption. Natural filiations may be legitimate or illegitimate
(Art. 163)
Different Kinds of Children under the Family Code
1) Legitimate Children

2) Illegitimate Children

3) Legitimated Children

4) Adopted Children
1. Legitimate Children
Children conceived or born during the marriage of the
parents are legitimate. Children conceived as a result of artificial
insemination of the wife with the sperm of the husband or that
of a donor or both are likewise legitimate children of the
husband and his wife, provided, that both of them authorized or
ratified such insemination in a written instrument executed and
signed by them before the birth of the child.
Further, the instrument shall be recorded in the civil registry
together with the birth certificate of the child (Art. 164, FC)

Rights of Legitimate Children are:

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 (legitime) granted to
them by the Civil Code (Art. 174 FC).
Legitimacy of a child may be impugned only on the following
1. That it was physically impossible for the husband to have grounds:
sexual intercourse with his wife within the first 120 days of the 300
days which immediately preceded the birth of the child because of:
a. The physical incapacity of the husband to have sexual intercourse
with his wife:
b. The fact that the husband and wife were living separately in such
a way that sexual intercourse was not possible, or
c. Serious illness of the husband, which absolutely prevented sexual
intercourse.

2. That it is proved that for biological or other scientific reasons, the

child could not have been that of the husband, except in the instance
provided in the second paragraph of Article 164, FC., or

3. That in case of children conceived through artificial insemination, the

written consent or ratification of either parent was obtained through
mistake, fraud, violence, Intimidation, or undue influence (Art. 166,
FC). If the marriage is terminated and the Mother contracted another
marriage within (300) three hundred days after such Termination of
the former marriage, these rules shall govern in the absence of proof
to the Contrary:
1. A child born before (180) one hundred eighty days after the solemnization of
the subsequent marriage is considered to have been conceived during the
former marriage. Provided it be born within three hundred days after the
termination of the former marriage.

2. A child born after (180) one hundred eighty days following the celebration of
the subsequent marriage is considered to have been conceived during such
marriage, even though it be born within the three hundred days after the
termination of the former marriage (Art. 168, FC).
2. Illegitimate Children
Children conceived and born outside a valid marriage are illegitimate, unless
Otherwise provided by Family Code (Art. 165,FC).

3. Legitimated Children
Only children conceived and born outside of wedlock of parents who, at the
time of the conception of the former, were not disqualified by any impediment to
marry each other may be legitimated. Legitimation shall take place by a subsequent
valid marriage between parents. The annulment of a voidable marriage shall not
affect the legitimation. Legitimated children shall enjoy the same rights as legitimate
children (Arts. 177-178, FC).

4. Adopted Children
Adoption may be defined as the juridical act which creates between 2 (two)
persons a relationship similar to that which results from legitimate paternity and
filiation (Arts 183-193, FC).
 Who may adopt? 4. An alien, provided
1. A person of age and in possession of full civil a. A former Filipino citizen who seek to adopt a relative by
capacity and legal rights may adopt, provided he consanguinity;
is a position to support and care for his children, b. One who seeks to adopt the legitimate child of his or her
legitimate or illegitimate in keeping with the Filipino spouse or
means of the family. c. One who is married to a Filipino citizen and seeks to adopt
2. The guardian with respect to the ward prior to the jointly with his or her spouse a relative by consanguinity of
approval of the final accounts rendered upon the the latter. Aliens not included in the forgoing exceptions may
termination of their guardianship relation; adopt Filipino children in accordance with the rules on
3. Any person who has not been convicted of a crime inter-country adoptions as may be provided by law (2&a E.
involving moral turpitude; 91 and PD 603)
The following may not be adopted: The written consent of the following
parties to the adoption shall
1. A person of legal age, unless he or 1. The person to be adopted, if ten years
she is a child by nature of the adopter of age or over,
or his or her spouse, or, prior to the
adoption said person has been 2. The parents by nature of the child, the
consistently considered and treated by legal guardian, or the proper government
the adopter as his or her own child instrumentality:
during minority:
3. The legitimate and adopted children,
2. An alien with whose government the ten years of age of over, of the adopting
republic of the Philippines has no parent or parents;
diplomatic relations; and
4. The legitimate children ten years of
3. A person who has already been age or over, of the adopting parent, if
adopted unless such adoption has been living with said parent and the latter’s
previously revoked or rescinded (art spouse. If any: and
187, fc, 30a E. O. 91 and PD 603.) be
necessary. 5. The spouse, if any, of the person
adopting or to be adopted
Subject to provisions of the succeeding articles, the
following are obliged to support each other to the whole
extent set forth in the preceding article:

1. The spouse;

2. Legitimate ascendants and descendants;

3. Parents and their legitimate children and legitimate and

illegitimate children of the latter, and their illegitimate
children and (art 105. Fc)

4. Parents and illegitimate children of the latter and

5. Legitimate brothers and sisters, whether of half-blood

the legitimate
1. Parental Authority
2. Substitute and Special Parental Authority
∙ The surviving grandparent, as provided in Art. 214, FC!
∙ The oldest brother or sister, over twenty-one years of age, unless unfit
or disqualified; and
∙ The child's actual custodian, over twenty-one years of age, unless unfit
or disqualified (Art. 216, FC):
3. Effect of Parental Authority upon the Children
∙ To keep them in their company, to support, educate and instruct them
by right orecept and good example, and to provide for their upbringing
in keeping with their means;
∙ To give them love and affection, advice and counsel, companionship
and understanding;
∙ To provide them with moral and spiritual guidance, inculcate in them
honestly, integrity, self-discipline, self-reliance, industry and thrift
stimulate their interest in civic affairs, and inspire in them compliance
with the duties of citizenship;
∙ To furnish them with good and wholesome educational
materials, supervise their activities, recreation and
association with others, protect them from bad company,
and prevent them from acquiring habits detrimental to their
health, studies and morals;
∙ To represent them in all matters affecting their interests,
∙ To demand from them respect and obedience
∙ To impose discipline on as may be required under the
circumstances; and
∙ To perform such other duties as are imposed by law upon
parents and guardians (Art. 220, FC, Desiderio, 2006)
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY

Parental authority terminates permanently:

1. Upon the deaths of the parents;
2. Upon the death of the child; or
3. Upon emancipation of the child (Art. 228, FC).

Unless subsequently revived by a final judgement, parental authority also terminates:

1. Upon adoption of the child;
2. Upon appointment of a general guardian;
3. Upon judicial declaration of abandonment of the child in a case filed for the purpose;
4. Upon final judgement of a competent court divesting the party concerned of parental authority; or
5. Upon judicial declaration of absence or incapacity of the person exercising parental authority (Art.
229, FC)

However, parental authority is suspended upon conviction of the parent or the person exercising the
same of a crime which carries with it the penalty of civil conviction. The authority is automatically
reinstated up

The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of
the offender (Art. 230, FC)
The court in an action filed for the purpose in a related case
may also suspend parental authority if the parent or the
person exercising the same:

1. Treats the child with excessive harshness or cruelty;

2. Gives the child corrupting orders, counsel or example;
3. Compels the child to beg; or
4. Subjects the child or allows him to be subjected to acts of
lasciviousness (Art. 231, FC).
EMANCIPATION AND AGE OF MAJORITY

EMANCIPATION – IS THE RELEASE OF A PERSON FROM PARENTAL

AUTHORITY WHEREBY HE BECOMES CAPACITATED FOR CIVIL LIFE.

WHEN DOES EMANCIPATION TAKES PLACE?

Ans. Emancipation takes place:
1. By the attainment of majority;
2. By the marriage of the minor;
3. By the recording in the Civil Register of an agreement in a public
instrument executed by the parent exercising parental authority and the minor at
least eighteen (18) years of age;
4. By the recording in the Civil Register of an agreement in a public
instrument executed by the parent exercising parental authority and the minor at
least eighteen (18) years of age but the agreement must be approved by the court
before it is recorded (Arts. 234, FC).

WHEN DOES MAJORITY COMMENCE ABD WHAT IS THE EFFECT

THEREOF?
Ans. UNLESS OTHERWISE PROVIDED, MAJORITY COMMENCE AT THE
AGE OF 18 YEARS (ART. 234, FC). As amended by R.A No. 6809).
 Care and Education of Children

Every child:

• Is entitled to parental care;

• Shall receive at least elementary education;

• Shall be given moral and civic training by the parents

or guardian

• Has right to live in an atmosphere conductive to his

physical, moral and intellectual development
Every child shall:

1. Obey and honor his parents or guardian;

2. Respect his grandparents, old relatives, and

persons holding substitute parental authority;

3. Exert his utmost for his education and training;

4. Cooperate with the family in all matters that

make for the good of the same.
 The council for the protection of children shall look after the welfare of
children in the municipality. It shall, among other functions:
1. Foster the education of every child in the municipality;

2. Encourage the cultivation of the duties of parents;

3. Protect and assist abandoned or mistreated children, and orphans;

4. Take steps to prevent juvenile delinquency;

5. Adopt measures for the health of children;

6. Promote the opening and maintenance of playgrounds

7. Coordinate the activities of organizations devoted to the welfare of children,

and secure their cooperation
 Juvenile court will be established, as far as practicable, in
every chartered city or large municipality. Whenever a child is
found delinquent by any court, the father, mother, or guardian
may in a proper case be judicially admonished.

In all questions on the care, custody, education and

property of children the latter’s welfare shall be paramount. No
mother shall be separated from her child under seven years of
age, unless the court finds compelling reasons for such measure.
(Desiderio, 2006)
Care and Education of Children

Regulation of Child and Youth Welfare Services

Public and Private child and youth welfare agencies

providing encouragement, care, and protection to any
category of children and youth whether mentally gifted,
dependent, abandoned, neglected, abused , handicapped,
disturbed, or youthful offenders, classified and denied as
follows, shall be coordinated by the Department of
Social Welfare (Art. 117 PD 603)
1. A Child-caring Institution - It provides twenty-four hour resident group
care service for the physical, mental, social and spiritual well- being of nine
or more mentally gifted, dependent, abandoned, neglected, handicapped or
disturbed children, or youthful offenders.

2. Detention Home - IT is a twenty-four hours child - caring institution

providing short term resident care for youthful offenders who are awaiting
court disposition of their cases or transfer to other jurisdiction.

3. A Shelter-care Institution - It provides temporary protection and care to

children requiring emergency reception as a result of fortuitous events,
abandonment by parents, dangerous conditions of neglect or cruelty in the
home, being without adult care because of crisis in the family, or a Court
order holding them as a material witnesses.
4. Receiving Homes - It is a family - type home which provides
temporary shelter from ten to twenty days for children who shall
during this period be under observation and study for eventual
placement by the Department of Socal Welfare. The number of
children in a receiving home shall not at any time exceed nine:
Provided, that no more than two of them shall be under three
years of age.

5. A Nursing - It is a child - caring institution that provides care

for six more children below Sox years of age for all or part or a
twenty - four hour day, except those duly licensed to offer
primarily medical and educational services

6. A Maternity Home - It is an institution of residence whose

primary function is to give shelter and care to pregnant women
and their infants before, during and after delivery.
7. A Rehabilitation Center - An institution that
receives and rehabilitates youthful offenders or other
disturbed children.

8. A Reception and Study - An institution that

receives study, diagnosis and temporary treatment,
children who have behavioral problems for the
purpose of determining the appropriate care for them
or recommending their permanent treatment or
rehabilitation on other child welfare agencies.

9. A child - placing Agency - It is an institution or

person assuming the care, custody, protection and
maintenance of children for placement in any person
or persons for purposes of adoption, guardianship or
foster care. The relatives of such child or children
within the sixth degree of consanguinity or affinity
are excluded from this definition.
Dependent children
typically have no parents or guardians to care for them or were abandoned or placed for adoption in
violation of the law.

Abandoned Child – Is one who has no proper parental care or guardianship or whose parents or guardians
have deserted him for a period of at least 6 continuous months.
Neglected children = those who don’t receive proper care from their
parents or guardians. They may suffer from malnutrition, may not be
provided with adequate shelter, or may not be receiving a proper
upbringing.

Two types Of Neglect

In physical neglect, parents or caregivers may fail to In emotional neglect, parents or caregivers may fail to
provide adequate food, clothing, shelter, supervision, provide affection or love or other kinds of emotional
and protection from potential harm. support.
Commitment” or “surrender of a child”
is the legal act of entrusting a child to the care of the
Department or any duly licensed child-placement or
child-caring agency or individual by the court, parent or
guardian or any interested party.

DSWD Implementing Rules and Regulations of

Republic Act 9523
Involuntarily Committed Child
refers to a child who the DSWD finds to be
abandoned, neglected or dependent, by his/her parents or
guardian and is ordered committed to the care and custody
of the DSWD Centers or Institutions or to a licensed or
accredited Child Caring/ Placing Agency or individual.
Voluntarily Committed / Surrendered Child
refers to a child whose parent or legal guardian knowingly
and willingly relinquished parental authority in writing through
a notarized Deed of Voluntary Commitment to the DSWD or any
duly licensed or accredited child placement or child-caring
agency or institution
Mentally Retarded Child
Intellectual disability (ID),
once called mental retardation, is characterized by
below-average intelligence or mental ability and a lack of skills
necessary for day-to-day living. People with intellectual
disabilities can and do learn new skills, but they learn them more
slowly. There are varying degrees of intellectual disability, from
mild to profound. The term "mental retardation" is no longer
used, as it's offensive and has a negative tone.
Mentally retarded children are:

- socially incompetent, that is, socially inadequate and

occupationally incompetent and unable to manage their own affairs;

- mentally subnormal;

- retarded intellectually from birth or early age;

- retarded at maturity

- mentally deficient as a result of constitutional origin, hereditary

or disease, and

- essentially incurable
 DOWN
SYNDROME

AUTISM
 CLASSIFICATION IQ SCORE

Custodial Group 0-25

Trainable Group 25-50

Educable Group 50-75

Borderline or Low Normal 75-89

Group
• Physically Handicapped Children

• Emotionally Distributed Children

• Mentally Ill Children

• Admission of Disabled Children

• Training and Opportunities for Disabled Children