CHAPTER I

THE PROBLEM AND ITS BACKGROUND

INTRODUCTION

“The Child is one of the most important assets of the nation. Every effort should be

exerted to promote his welfare and enhance his opportunities for a useful and

happy life.” © Article I of Presidential Decree No. 603

Parent’s role is very important in upbringing of the child as a

psychologically and sociological adjusted person (Stone and Church 1968).

Children who got full attention, affection and emotional satisfaction from

their parents develop perfect and healthy personality. The psychosocial

domain of this development includes changes in personality, motivation,

affects self-concept and social behavior. Psychosocial changes involve the

interplay of psychological (personal) and social factors.

Establishing the impact of a parental death on children is not

straightforward. A family in which parent dies may differ from other

families in ways that would have affected a child’s outcomes had the parent

survived. Only in rare circumstances is it possible to identify the casual effect

of parental death on child well-being. “The child is one of the most important

assets of the nation. Every effort should be exerted to promote his welfare

and enhances his opportunities for a useful and happy life.” (Presidential

Decree No. 603, the Child and Youth Welfare Code: Article 1, Declaration of

Policy)

In this study, the researchers will see how the Doctrine of “Parens

Patriae” will take a stand to take care of the child; a doctrine that grants the

inherent power and authority of the state to protect persons who are legally

unable to act on their own behalf.

And also, this paper will show what the effects of this case to a child

are when both of their parents are deceased. And also the need which

should be accorded to the child, in the form of benefits, so as to raise the

child, so at least not to be harmful in society.

In the United States, the Parens Patriae doctrine has had its greatest

application in the treatment of children, mentally ill persons, and other

individuals who are legally incompetent to manage their affairs. The state is

the supreme guardian of all children within its jurisdiction, and state courts

have the inherent power to intervene to protect the best interests of children
whose welfare is jeopardized by controversies. States may also invoke

Parens Patriae to protect interests such as the health, comfort, and welfare of

the people, interstate water right, and the general economy of the state.

(West’s Encyclopedia of American Law Copyright 2005 The Gale Group,

Inc.)

A parent’s death typically ends a child’s relationship with someone of

central emotional importance, with the attendant potential for straining his

or her relationship with the remaining parent or caregiver; worsening the

family’s economic status and living situation; creating pressure to take on

responsibilities of the dead parent and isolating the child from friends

(Worden 1996; Tremblay and Israel 1998, Stokes, Reid, and Cook 2009). Not

surprisingly, parental absence is often accompanied by symptoms of poor

psycho-social well-being. Sometimes changes in behavior and school

performance occur as well. In adolescence, kids also typically become more

independent and less affectionate with their parents as they develop their

own identities. If a parent dies during this healthy individuation process,

their teenager may feel guilty about it.

 A 2000 Journal of Child Psychology and Psychiatry and Allied

Disciplines study found that about 1 out of every 5 children who’ve lost a

parent will develop a psychiatric disorder. Childhood bereavement research

also suggests that having a parent who died due to suicide, an accident, or

another sudden cause may further increase the risk for major depression and

post-traumatic stress disorder.

The childhood loss of parent represents a profound psychological

trauma that threatens child’s social and emotional development.

Considerable clinical and research attention has been directed towards

understanding the long and short-term consequences of parental death

during the childhood. Existing evidences suggest that bereaved children

constitute a vulnerable population at increased risk for social impairment

and psychopathology (Siegel, 1996; Finkelstein, 1988; Berlinsky and Biller

1982). Parental loss may bring emotional suffering like separation anxiety

disorder and depression. The impact of parental bereft on child’s

development are long lasting. Psychological world of a person refers to the

connection between persons’ mind and the way in which he works;

functioning characterizes an event, behavior that is influenced by the

attitude, action and presence of others in social conditions.

Bereavement in children and young people is more frequent than

many people think. 78% 11-16 year olds in one survey said that they had

been bereaved of a close relative or friend (Harrison and Harrington, 2001).

By the age of 16, 4.7 per cent or around 1 in 20 young people will have

experienced the death of one or both of their parents (Parsons, 2011).

Almost 35 percent had lost parents by the age of 15, and 45 percent by the

time they were 20. (Wolfson, How the Death of Parents Affects a Child).

• 1 in 5 children will experience the death of someone close

them by age 18. (Kenneth Doka, Editor of OMEGA, Journal of

Death and Dying)

• In a poll of 1,000 high school juniors and seniors, 90%

indicated that they had experienced the death of a loved one.

(nahic.uscf.edu/ downloads/ Mortality.pdf) You may include

here a philippine poll. Kung meron.

 • Reviews of studies from various countries on childhood

bereavement following parental death report that children in

this situation do experience a wide range of emotional and

behavioral symptoms. The child often experiences an increase in

anxiety with a focus on concerns about further loss, the safety of

other family members, and fears around separation. (Dowdney,

200; Haine et al., 2008)

The focus of this study will be to extend benefits for the welfare of a

child and youth, that will support also the Doctrine of Parens Patriae in

which the Government will be taking a major role to this as the “Father of

the State”. It will also see how they will take an action about this and will

progress the proposal of this study. The researchers conduct this study to be

able to use as one of the supporting documents of passing this to the

Congress.

STATEMENT OF THE PROBLEM

 The core problem of the study is how do minor orphans cope with the

death of their parents. pertains to the minors who are dwelling without

support and guidance of parents due to their parents’ death. Furthermore,

the study also seeks to answer the following questions:

1. What are the effects of the death of both parents on Psychological and

Behavioral function of orphaned minors?

2. What are the effects as regards to academic performance of the minors

after the death of their parents?

3. What is the role of the government as to the orphaned minors who are

not capable enough to continue their studies?

4. What are the further adjustments that minors may face after the death

of their parents?

SIGNIFICANCE OF THE STUDY

This study has abundant importance to the following:

MINORS WHOSE PARENTS ARE DEAD, This proposal is

extremely beneficial to the orphaned minors. It suggests the Government to

provide for this unfortunate minors for their education, medical and
survival needs. Moreover, it recommends the DSWD to strictly and regularly

observe the guardians in taking care the minors as well as the school is

obliged to habitually asses the orphaned minors’ behaviour in school and if

there is a problem, the school particularly the Guidance Counselor shall

work hand and hand with the respective guardians.

GUARDIANS OR RELATIVES OF THE ORPHANED MINORS,

these people will also be benefited in this study. This proposal is mandating

the Government to give monthly financial assistance to the bereaved minors.

This concept, will ease their financial difficulties in providing for orphaned

minors under their custody.

LEGISLATIVE BODY, This will give the lawmakers an idea to impose

laws that will protect the welfare of the minors whose parents are dead.

GOVERNMENT, through this proposal, gives a call to the

government to fulfil their obligation as the Parent of the State pursuant to

the Doctrine of Parens Patriae. This proposal ensures the wellbeing of the

orphans and this would help them to be productive citizens of this country

that would bridge the nation into progressive condition.

 NEXT GENERATION, This study values the next generation because

it secures their future in case they would be orphans at age minority.

FURTHER STUDY, The collected information for this study will offer

copious support for the enhancement of this research for forthcoming

studies.

SCOPE AND DELIMITATION

This portion shows the inclusion and exclusion of the study conducted

by the researchers.

The study covers Filipino citizens who belong to the minority and are

of the poor to middle class family, whose both parents are deceased. The

child must also be with his relatives that serves as his guardian. The study

excludes limits other minors who are abandoned and can be subject to

become a foster child or be turn over to the Department of Social Welfare

and Development custody or who are in child care such as but not limited

to DSWD custody, orphanages, foster families, or other institutions doing

similar advocacies.
TERMS AND DEFINITIONS

The following terms are used in this study:

TERMS Operational Conceptual

- A person under a certain - Pertaining to persons

Minors age, usually the age of whose age is ranging

majority, which legally from 0 year to 17 years

mark off childhood from old and whose parents

adulthood. are deceased

- His age of majority

depends upon

jurisdiction and

application, but it is

generally 18.
 - A person with the - Persons who are

Guardians authority and duty to related to the minor

care for the interests of by blood or by custom

another. which includes Uncle,

Aunt, Step-mother or

- A person who has the Step-father,

care of the person or Grandparents.

property of another.

- Family who are - Poor Family whose

Impoverished experiencing financial monthly income is less

Family struggle. than 7, 000 PHP per

month

- Less Income Family

whose monthly

income is between

7,000 to 15,000 PHP

 - Less Middle Income

Family whose

monthly income is

between 15,000 to

31,000 PHP

- Middle Class Family

whose monthly

income is between

30,000 to 70,000 PHP

- Is Latin phrase which - Under this doctrine,

Parens Patriae means "parent of the the State has the

nation" sovereign power of

guardianship over

- In law, it refers to the persons under

public policy power of disabilities including

the state to intervene minors.

against an abusive or
 negligent parent, legal

guardian, or informal

caretaker, and to act as

the parent of any child or

individual who is in need

of protection. For

example, some children,

incapacitated

individuals, and disabled

individuals lack parents

who are able and willing

to render adequate care,

thus requiring state

intervention.

CHAPTER II

REVIEW OF RELATED LITERATURE

 This chapter presents the relevant theories as well as related literature

and studies that have bearing on this study. It also contains the conceptual

framework, and the definition of terms of the study.

Related Studies

“Common sense” (Marichu of Philippine Star, 2018)

Parens patriae is Latin for “parent of his or her country.” In the juvenile

justice legal system, parens patriae is a doctrine that allows the State to

step in and serve as a guardian for children, the mentally ill, the

incompetent, the elderly, or disabled persons who are unable to care for

themselves. “In law, it refers to the public policy power of the State to

intervene against an abusive or negligent parent, legal guardian, or

informal caretaker, and to act as the parent of any child or individual

who is in need of protection.”

“The Doctrine Parens Patriae” (Aplasca,2018)

In law, parens patriae refers to the public policy power of the State to

intervene against an abusive or negligent parent, legal guardian, or informal

custodian, and to act as the parent of any child or individual who is in need

of protection.
On the other hand, in the juvenile justice legal system, parens patriae allows

the State to step in and serve as guardian for children, the mentally-ill, the

incompetent, the elderly or disabled persons who are unable to care for

themselves.

Analyzing the definition of the term, it calls for the State in its entirety to do

the function of being a father or a parent of the citizens. The State in its

entirety serves and protects the people, especially the less fortunate. Almost

all of us are familiar with the phrase “those who have less in life should have

more in law.” Thus, the people must be defended though our laws.

Atty. Aplasca vividly explained the role of the Government as the

father of the State. Under this doctrine, the people shall be defended and

protected by State, especially those who cannot do that for themselves.

Related Laws

1987 Constitution, Article II

Section 12. The State recognizes the sanctity of family life and shall

protect and strengthen the family as a basic autonomous social

institution. It shall equally protect the life of the mother and the life of the

unborn from conception. The natural and primary right and duty of

parents in the rearing of the youth for civic efficiency and the

development of moral character shall receive the support of the

Government.

This provision evidently elucidates the obligation of the Government

in rendering support to the parents in raising the youth to boost their

productiveness and instill fine ethics.

Section 13. The State recognizes the vital role of the youth in nation-

building and shall promote and protect their physical, moral, spiritual,

intellectual, and social well-being. It shall inculcate in the youth patriotism

and nationalism, and encourage their involvement in public and civic

affairs.

The aforementioned provision values the huge part of the youth in

nation-building. In line with this, it also explicates the burden to uphold and

protect the total well-being of the youth lies on the State.

Presidential Decree 603 – The Child and Youth Welfare Code

Article 1. Declaration of Policy. - The Child is one of the most

important assets of the nation. Every effort should be exerted to promote

his welfare and enhance his opportunities for a useful and happy life.

The child is not a mere creature of the State. Hence, his individual traits

and aptitudes should be cultivated to the utmost insofar as they do not

conflict with the general welfare.

The molding of the character of the child starts at the home.

Consequently, every member of the family should strive to make the

home a wholesome and harmonious place as its atmosphere and

conditions will greatly influence the child's development.

Attachment to the home and strong family ties should be encouraged

but not to the extent of making the home isolated and exclusive and

unconcerned with the interests of the community and the country.

The natural right and duty of parents in the rearing of the child for

civic efficiency should receive the aid and support of the government.
 Other institutions, like the school, the church, the guild, and the

community in general, should assist the home and the State in the

endeavor to prepare the child for the responsibilities of adulthood.

The kernel of this Article is to inculcate to every Filipino citizen the

undeniable worth every child. Their welfare shall be indefatigably promoted

and great opportunities must be prepared ahead of them.

It also enlightens the significance of having a home filled with love.

Moreover, different sectors in the communities shall succour the parents in

establishing their journey to adulthood. In harmony with this, Government

shall likewise support the parents in the rearing of their children.

Related Jurisprudence

People of the Philippines vs. Evangelista

G. R. No. 121627, November 17, 1997

In this case, Analiza Paraat an eleven-year-old girl from Negros

Occidental was sexually abused by the accused-appellant Roger Evangelista.

The accused-appellant pleads that if he should be convicted, acts of

lasciviousness should be the case filed against him due to the victim's

admission that only the finger of the accused pierced her genitalia. The Court

ruled that, for rape to be consummated full penetration is not necessary.

Supreme Court said that “Thus, as it should be in pedophiliac cases, the

court as the adjudicative branch of the State has the incontrovertible

mandate under the “parens patriae” doctrine to protect the future that rests

in the lives of our children.”

People of the Philippines vs. Malto

G.R. No. 16473, September 21, 2007

Michael John Z. Malto was accused of violation of Section 5(b) of

Article III Republic Act 7610 for having a sexual intercourse with his student,

a 17-year-old, minor. The accused contended that he is not liable for the case

filed because consent was given by the minor. However, the court ruled that

in cases of sexual intercourse or lascivious conduct involving minors,

consent is immaterial.
“The State, as parens patriae, is under the obligation to minimize the risk of

harm to those who, because of their minority, are as yet unable to take care

of themselves fully. Those of tender years deserve its protection.”

People of the Philippines vs. Baylon

G.R. No. L-35785, May 29, 1974

In 1974, the 13-year old Susana Aspili was raped by the appellant while

on her way to school. The court ruled in favor of the plaintiff-minor who was

almost rejected by the court because of the defendant’s alibi. It was stated in

this case, that the state, as parens patriae, is under the obligation to minimize

the risk of harm to those, who, because of their minority, are as yet unable

to take care of themselves fully. Those of tender years deserve its utmost

protection.

Opposa vs Factoran

G.R. No. 101083, July 30, 1993

 Fulgencio Factoran, Secretary of DENR granted a license allowing

certain corporations to cut trees for commercial logging purposes only. Juan

Antonio Opposa and other minors, represented by their parents, opposed

the said grants invoking their rights to a balance and healthful ecology. The

Court ruled emphasizing the “environmental rights” which entitles the

petitioner to the "protection by the state in its capacity as parens patriae."

The Government of the Philippine Island vs. El Monte De Piedad y Caja de

Ahorras de Manila

G.R. No. L-9959, December 13, 1916

The government of Spain provided financial aid for the victims of the

earthquake in the Philippines. The untouched money was invested in Monte

de Piedad which in turn invested the amount in jewelries. The government

later on desired to withdraw the money but the latter argued that the

government was not the intended beneficiary of the amount.

According to the doctrine of parens patriae, the government has the right to

institute an action against Monte de Piedad. “The government being the

protector of the rights of the people has the inherent supreme power to

enforce such laws that will promote the public interest.”