Title V

THE FAMILY
Chapter 1
THE FAMILY AS AN INSTITUTION

Art. 149. The family, being the foundation of the nation, is a basic
social institution which public policy cherishes and protects.
Consequently, family relations are governed by law and no custom,
practice or agreement destructive of the family shall be recognized or
given effect. (216a, 218a)
COMMENT:
(1) Provisions of the 1987 Constitution on the Family
Article II
SEC. 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 concep-tion. 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.
SEC. 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.

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SEC. 14. The State recognizes the role of women in nationbuilding, and shall ensure the fundamental equal-ity before the
law of women and men.
Article XIII
SEC. 14. The State shall protect working women by
providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to
realize their full potential in the service of the nation.
Article XV
SECTION 1. The State recognizes the Filipino fam-ily as
the foundation of the nation. Accordingly, it shall strengthen its
solidarity and actively promote its total development.
SEC. 2. Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the State.
SEC. 3. The State shall defend:
The right of spouses to found a family in ac-cordance
with their religious convictions and the demands of
responsible parenthood;
The right of children to assistance, including proper care
and nutrition, and special protec-tion from all forms
of neglect, abuse, cruelty, exploitation, and other
conditions prejudicial to their development;
The right of the family to a family living wage and
income; and
The right of families or family associations to participate
in the planning and implementation of policies and
programs that affect them.
SEC. 4. The family has the duty to care for its eld-erly
members, but the State may also do so through just programs of
social security.
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Art. 149

(2) Children of the World

According to the Child and Youth Welfare Code (PD 603), the
child is one of the most important assets of the nation. Every effort thus
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 ut-most
insofar as they do not conflict with the general welfare. In this regard,
every child has the right to live in a community and a society that can
offer him an environment free from per-nicious influences and
conducive to the promotion of his health and the cultivation of his
desirable traits and attributes. The child has the right to an efficient and
honest government that will deepen his faith in democracy and inspire
him with the morality of the constituted authorities both in their public
and private lives.
More importantly, every child has the right to grow up as a free
individual, in an atmosphere of peace, understanding, tolerance, and
universal brotherhood, and with the determina-tion to contribute his
share in the building of a better world.
Two international developments related to children of the world
are apropos. First, is the UN Convention on the Rights of the Child
(1989); and second, is the World Summit for Children (1990).
The UN Convention, adopted by the UN General Assembly in
1989, is essentially a bill of rights for children that seeks to provide
explicit legal protection against violence and exploita-tion, including
physical and sexual abuse, whether in the home, the workplace, or
during armed conflict. The Convention has been ratified and
incorporated into law by 119 nations (it became international law after
20 nations ratified it).
The summit for children which convened at UN headquar-ters in
New York City in 1990, brought together 71 Presidents and Prime
Ministers, along with 88 ministerial delegations, to obtain their
commitment to try to end child deaths and mal-nutrition by the year
2000.
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The conclave on children broke ground in at least three

(3) respects, to wit:
First. Leaders were asked to commit themselves to draw-ing up a
national plan of action in their countries by 1992 to carry out the
summits goals.
Second. The leaders were challenged to increase their spending
for primary health care, basic education and develop-ment assistance.
Third. They (the leaders) were asked to submit their programs to
UN organizations for monitoring.
Art. 150. Family relations include those:
Between husband and wife;
Between parents and children;
Among brothers and sisters, whether of the full or half-blood.
(217a)
COMMENT:
What the Enumeration of Brothers and Sisters As Members of the
Same Family Does Not Comprehend
Hontiveros v. RTC Br. 25 of Iloilo City, et al.
GR 125465, June 29, 1999, 108 SCAD 262
The enumeration of brothers and sisters as members of the
same family does not comprehend sisters-in-law, and brother-in-law.
(Gayon v. Gayon, L-28394, Nov. 26, 1970; Guerrero v. RTC of Ilocos
Norte, GR 109068, Jan. 10, 1994, 47 SCAD 229).
(2) One Member Cannot Be A Dummy of Family
Sile Wong v. Hon. Eduardo Caquioa
CA-GR SP-06886-R, Mar. 28, 1978
Considering the solidarity of the family (Art. 217, Civil Code
[now Art. 150, Family Code]), one member of the family
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Art. 151

cannot be considered as a dummy of the family, because the law enjoins that
mutual and, both moral and material, shall be rendered among members of
the same family