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 has 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 a parent dies may differ from other families in ways that would have affected a child’s

outcomes 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 “ParensPatriae” 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.
 This paper will show what the effects of this case to a child when both of their parents

are deceased. Furthermore, 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 ParensPatriae 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

ParensPatriae 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, 2005)

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 of major

depression and post-traumatic stress disorder.

The childhood loss of parent represents a profound psychological trauma that threatens

a 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

constitutes 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 the 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. 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)
 •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)

Children who have been neglected may experience short-term and long-term effects that

last throughout their life. Children who don’t get the love and care they need from their parents

may find it difficult to maintain healthy relationships with other people later in life, including their

own children. Children who have been neglected are more likely to experience mental health

problems including depression and post-traumatic stress disorder. Young people may also take

risks, such as running away from home, breaking the law, abusing drugs or alcohol, or getting

involved in dangerous relationships - putting them at risk from sexual exploitation. (nspcc.org)

The Philippines has an abandoned children problem. About 1.8 million children in the

country, more than 1% of its entire population, are "abandoned or neglected," according to the

United Nations' Children's Rights & Emergency Relief Organization. Some are victims of

extreme poverty; others of natural disasters and armed conflicts in the country's riven south.

(latimes.com)

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

the Doctrine of Parens Patriae in which the Government will take a major role to as the “Father

of the State”. This will see how they will take an action about this problem and will progress the

proposal of this study. The researchers conduct this study in order to address the problems of

the orphaned minors. No bill has been passed by the Congress to extend benefits to these

minors, therefore this will be one of the supporting documents of passing this to the Congress.
.