Prepared by: Arvie Mendoza, RCRIM

Top 10 August 2023 CLE

 Is an anti-social behavior or act which differs
from the normal model of set of laws and
parameters, culture, custom which society in
broad-spectrum does not conform.

 Juvenile delinquency generally refers to youth

behavior which is against the norms and
regulations of society, which if left unchecked
would give rise to criminality.
 Attempts to treat and rehabilitate
children who become involved in
delinquency.

 The methods can be categorized as

residential, community, non-
residential and institutional treatment.
 Involves placing the child on probation. When the
child is not assumed to be harmful to others, he or
she is placed under the supervision of an officer of
the juvenile court and must abide by the specific
rules that are worked out between the officer and
the child.
 Community treatment also takes the form of
restitution also known as restorative justice, in
which the child reimburses the victim either
through direct payment or through some form of
work or public service.
 Takes place in a group home where the
juvenile is provided with psychological and
vocational counseling. Other forms of
residential treatment consist of rural
programs such as forestry camps and work
farms. Youngsters placed in non-residential
community-based treatment programs do
not dwell at the facility; instead they live at
home and receive treatment from mental
health clinics or similar services.
 Is the most severe form of treatment for
juvenile offenders. The child offender is
incarcerated in a secure facility and denied
freedom to come and go in the community.

 The institution is responsible for the child’s

education, counseling, recreation, room and
board, and other daily activities.
 Faulty development of the child
 Lack of parental guidance
 Parental rejection
 Broken homes
 Lack of love
 Unfair treatment
 Too harsh discipline by either or both of the
parents
 Too lenient discipline by either or both of the
parents
 Parent’s indifference to their child
 Children were treated as non-persons
until the 1700’s. They did not receive
special treatment or respect.
Discipline at that time is what we now
describe as abuse. There was some
major theory about life before the
1700’s. The first assumption is that
life was difficult, and you had to be
fierce to survive.
 Marriages were more for convenience,
rather than for child-bearing or
romance. The second notion was that
infant and child mortality were high. It
did not make sense to the parents in
those days to create an emotional
bond with children.
 The Code of Hammurabi
 was the first comprehensive description of a
system used by society to regulate behavior
and at the same time punish those who
disobeyed the rules. The main principle of
this Code was that: “the strong shall not
injure the weak”. It established a social order
based on individual rights. It is the origin of
the legal principle of lex talionis, that is, an
eye for an eye.
 General Court of Massachusetts passed the
Stubborn Child Law

 which stated that children who disobeyed

their parents could be put to death.
 The church of Rome greatly influence how
the children were viewed. Church doctrine
stated that younger than 7 had not yet
reached the age of reason, and thus, could
not be held liable for sins.

 Under 7 years of age children were not

considered legally able to have intent, but if
evidence proved differently, children could
be found guilty of committing crimes
 In the 13th century England common law
gave kings power of being the father of the
country. The king was perceived as guardian
over the person and property of minors, who
were considered wards of the state and as
such receives special protection.
 allowed kings to control the wealthier class,
and they also enabled that state to act in the
best interest of the children such as in the
case of guardianship issue.

 The chancery courts did not have

jurisdictions over the children who committed
crimes. Such youth were handled with in the
criminal courts system.
 “The Enlightenment” appeared as a
new cultural transition. This period of
history is sometimes known as the
beginning of humanism and reason.
People began to see children as
flowers, which needed fostering in
order to bloom. It was the invention of
childhood, love and nurturing instead
of beatings to stay in line.
 The youth had finally begun to emerge
as a distinct group. It started with the
upper-class, who was permitted to
attend colleges and universities.
 Also included the child-saving movement.
Concerned citizens eventually formed a social
activist group called Child Savers, who
believed that: “children were born good and
became bad”.
 Juvenile children were blamed on bad
environments. The best way to save children
was to get them out of “bad” homes and
placed in “good” ones.
 In re: Winship

 It established proof beyond a reasonable

doubt as the standard for juvenile
adjudication proceedings, eliminating lesser
standards such as a preponderance of the
evidence, clear and convincing proof and
reasonable proof. They established that a jury
trial is not a required part of due process in
the adjudication of the youth as delinquent
by a juvenile court.
 It recognized that a juvenile cannot
be adjudicated in a juvenile court and
then tried for the same offense in an
adult criminal court (double jeopardy).
 It provided the procedural
requirements for waiver to criminal
court as articulated by the U.S.
Supreme Court.
 The Court held that juvenile courts must provide
the basic procedural protection that the Bill of
Rights guarantee to adults, including timely
advance notice of the charges, the right to either
retained or appointed counsel, confrontation and
cross-examination of adverse witnesses, self-
incrimination, and the right to remain silent. The
opinion also rejected the basic premise of juvenile
court actions: that the proceedings are civil in
nature and those minors' rights are adequately
protected by the judges acting as substitute
parents
 It endorsed decriminalization of status
offenses, urging that juvenile delinquency
liability should include only such conduct as
would be designated a crime if committed by
an adult. In the 1980s many training schools
and high-security institutions were built in
rural areas or close to small rural towns so
the inmates could be trained in agriculture.
The hope was that such training would
produce productive citizens.
 The Supreme Court upheld the state's
right to place juveniles in preventive
detention. Preventive detention was
perceived as fulfilling a legitimate
state interest of protecting society and
juveniles by detaining those who
might be dangerous to society or to
themselves.
 A child or young person, who, under
the legal system may be dealt with for
an offense in an manner different
from that of an adult. Person below
the age of majority.
 Refers to any action; course or
conduct that deviates from acts
approved by the majority of people.

 Delinquent- one whose behavior has

brought him into repeated conflict
with the law regardless whether he
has been taken before a court and
adjudged a delinquent.
 Anti-social acts or behavior of
children which deviated from the
normal pattern of rules and
regulations, custom and culture which
society does not accept and which
therefore justify some kind of
admonition, punishment or corrective
measure in the public interest.
 Uttering of profane language
 Running away from home
 Smoking and drinking alcoholic
beverages
 Disobedience to parents, guardians or
school official
 Mendicancy or begging in the streets
 Association with delinquent gangs
 1. Environmental- characterized by
occasional law-breaking

 2. Emotional maladjustment- characterized

by chronic law-breaking, a habit which a
person cannot avoid

 3. Psychiatric- characterized by serious

emotional disturbances within an individual,
and in some cases associated with mental
illness
4. Social
 an aggressive youth who resent
authority or anyone who makes an
effort to control his behavior.

 5. Neurotic
 one who has internalized conflicts and
is preoccupied with his own feelings.
 6. Asocial
 one whose delinquent acts have a cold,
brutal and vicious quality for which the
youth feel no remorse.

 7. Accidental
 one who is essentially sociable and law-
abiding but happens to be at the wrong
time and place and becomes involved in
delinquent acts not typical of his general
behavior.
 1. Choice theory
 Based on the classical school of criminology
that views an individual as having free will
in choosing his action and that he
calculates what he will gain or lose if he
commits an act. Viewed that delinquents
are motivated offenders who break the law
because they perceive an abundance of
benefits and an absence of threat.
 Viewed that both thought and behavior
have biological and social bases. It is a
contemporary explanation of the biogenic
approach.

 a. Biochemical- views that crime and

delinquency, especially violence, are the
result of diet intake, hormonal imbalance
and other biological causes
 b. Neurological- explain that crime
and delinquency occur because the
individual suffers from brain
impairment or abnormality in the
structure of the brain.

 c. Genetic- explain that delinquent

traits and predisposition to criminality
are inherited from parents
 Psychological theories
 Viewed delinquency is a result of
emotional and mental disturbance of
the individual. It is a contemporary
explanation of psychogenic approach
 a. based on the psychoanalytical theory of
Sigmund Freud which states that
delinquency is a result of the imbalance of
three component of personality

 Delinquency is the product of the abnormal

personality structure formed in early life
and which thereafter controls human
behavior choices
 Individuals learn by observing how
people react to their behavior.
Delinquent behavior is reinforced by
some positive reaction, and is
extinguished if punished.

 Misbehavior of children if left

unchecked will persist until adulthood
 Delinquency is a result of the faulty
perception and analysis of data by an
individual. It suggest that when an
individual make decisions, he engages in a
sequence of cognitive thought processes,
first encodes the information so that it can
be interpreted, search for a proper
response and decide upon the most
appropriate action and acts on his decision.
 Delinquency is a product of various social
factors and dynamics.

 a. social structure theories- delinquency is

a function of a person's place in the
economic structure
 b. social process theories- delinquency is a
result of poor or faulty socialization or
upbringing.
 c. social conflict theories- delinquent
behavior is a product of economic
inequality.
 1. Biogenic approach- explain that law
violation and delinquency are a result of
some physical defects

 2. Psychogenic approach- argues that the

critical factors in delinquency are
personality problem to which misbehavior is
presumed to be the response
 3. Sociogenic approach- attributes
delinquency pattern to social
structures.

 It that view youthful misdeed is a

result of a learning process through
interaction with other members of
society
 Social institution as contributory
factors in delinquency

 a. home and family- it is responsible

for developing a child's potential in all
aspects of life such physical,
emotional moral , intellectual and
social.
Aspecial contract of permanent
union between a man and a
woman entered into for purposes
of establishing conjugal and
family relation
 Adoptive marriage

 a kind of marriage in which a family

who does not have a son and in order
to preserve their surname request the
prospective son-in law to adopt the
family name of the bride's parent
before marriage
 A woman who remarries the brother of
her deceases husband.

 Sororate marriage
 Sister in law marriage where a man
remarries his deceased wife's sister
 it is similar to levirate marriage. The
children become the sired by the dead
husband .
 Endogamy marriage- a form of marriage
practice in some tribes that an individual
should marry from a members of one's clan
or ethic group
 Exogamy marriage- the marriage which
prescribe that one marries outsides of one
clan or ethic group.
 The father and the mother shall jointly
exercise parental authority over the persons
of their common children. In case of
disagreement, the father's decision shall
prevail, unless there is a judicial order to
the contrary.
 Children shall always observe respect and
reverence towards their parents and are
obliged to obey them as long as the
children are under parental authority.
 In case of absence or death of either parent,
the parent present shall continue exercising
parental authority.

 The remarriage of the surviving parent

shall not affect the parental authority over
the children, unless the court appoints
another person to be the guardian of the
person or property of the children.
 In case of separation of the parents, parental
authority shall be exercised by the parent
designated by the Court. The Court shall take
into account all relevant considerations,
especially the choice of the child over seven
years of age, unless the parent chosen is
unfit.
 No child under seven years of age shall be
separated from the mother, unless the court
finds compelling reasons to order otherwise.
 Speak clearly of situations when
grandparents can exercise substitute
parental authority over their
grandchildren:
 In case of Death, Absence or
Unsuitability of the parents, substitute
parental authority shall be exercised
by the surviving grandparent. In case
several survive, the one designated by
the court, taking into account the
same consideration mentioned in the
preceding article, shall exercise the
authority
 In default of parents or a judicially
appointed guardian, the following person
shall exercise substitute parental authority
over the child in the order indicated:

 (1) The surviving grandparent, as provided

in Art. 214;
 (2) The oldest brother or sister, over
twenty-one years of age, unless unfit or
disqualified;
 (3) The child's actual custodian, over
twenty-one years of age, unless unfit
or disqualified. Whenever the
appointment of a judicial guardian
over the property of the child becomes
necessary, the same order of
preference shall be observed.
 1. Parenting Skills
 2. Parental Supervision - Good supervision
indirectly minimizes the adolescents’
contact with delinquency-promoting
circumstances, activities, and peers.
 3. Parental Attachment – The influence of
parents to the behavior of children is
through emotional closeness. Children who
like their parents will generally respect their
wishes and stay out of trouble.
 3. Parenting Styles

 a. Parental Responsiveness - is the degree to

which parents are supportive to the needs of
their children.

 b. Parental Demandingness - is the extent to

which parents demand age-appropriate
behavior from children.
 1. Authoritative Parents - Parents are warm
but firm. They set standards for the child’s
conduct but form expectations consistent
with the child’s developing needs and
capabilities.
 They create positive relationship and
enforce rules
 Put a lot of efforts into creating and
maintaining a positive relationship with
their child.
 Parents place a high value on obedience
and conformity, tending to favor more
punitive, absolute, and forceful disciplinary
measures. These parents are not responsive
to their child and project little warmth and
support.
 - a child tends to have lower academic
performance, low self-esteem, poorer social
skills, mental illness ,drug and alcohol
abuse and delinquency .
 they don’t take their child feeling into
consideration
 Parents behave and responsive,
accepting, benign, and more passive
ways in matters of discipline. They
place relatively few demands on the
child’s behavior, giving the child a
high degree of freedom to act as he or
she wishes.
 Warm and responsive
 Few or no rules
 Lenient
 Indifferent parents are fairly unresponsive
to their child and try to minimize the time
and energy they must devote to interacting
with the child or responding to the child’s
demands. In extreme cases, parents may be
neglectful
 Unresponsive ,cold ,uninvolved they don’t
ask their child about school or home work.
 They don’t spend time with their child
 Institution responsible for the training
of young person's intellectual, moral
as well as social skills which they need
for them to grow up as productive, law
abiding and responsible citizens.
 The culture norms and behavior of the
child's surrounding may very well
influence the upbringing of the child
especially during their formative years
and such misbehavior learned is likely
to be carried on until the child's
maturity.
 Arousing desires for easy luxury and
suggesting questionable method of
achievements.
 Displaying of crime technique and criminal
pattern
 Inducing the spirit of bravado, toughness
and adventurousness
 Arousing intense sexual drive
 Invoking daydreaming of criminal role
 Instilling the desire for luxury and
smart appearance
 Depicting various form of crime
readily imitated by girls and young
women
 1. political interference of higher
officials
 2. unfair decision of the court
 3. police carelessness and unfair
treatment
 4. influence from newspapers, movies,
TV radio comic and other magazines
 Dependent- one who is without a
parent, guardian or custodian for
good cause desire to be relieve of
his care and custody and is
dependent upon public for
support
 One who had no parental care- or
guardianship or whose parents or
guardian have deserted him for a
period of at least six consecutive
months
 One whose basic need have been
deliberately unattended or
inadequately attended.

 A child is unattended when left by

himself without provision for his
needs and without proper supervision
 Socially incompetent, socially
inadequate, occupational incompetent
and unable to manage their own
affairs.
 Mentally deficient as a result of
constitutional origin through heredity
or disease.
 Crippled,
deaf mute, blind and
other conditions which restrict
their means of action or
communication with others
 Those who, although not afflicted with
insanity or mental defects, are unable
to maintain normal social relations
with others and the community in
general due to emotional problems or
complexes may be caused by
traumatic experience.
 Those with any behavioral disorder,
whether functional or organic, which is of
such a degree of severity as to require
professional help or hospitalization.

 Commitment or surrender of a child is the

legal act of entrusting a child to the care of
the Department of Social Welfare or any
duly licensed child placement agency or
individual
 Constitutional provision (1987 Constitution)

 1. Article II section 13- the state recognizes

the vital role of the youth in nation building
and shall promote and protect their
physical, moral spiritual, intellectual, social
well-being. It shall inculcate in the youth
patriotism and nationalism and encourage
their involvement in public and civic affairs.
 2. article XV (15) section 3
 The state shall defend the right of
children to assistance, including
proper care and nutrition, and special
protection from all forms of neglect,
abuse, cruelty , exploitaiton, and other
condition prejudicial to their
development.
 PD 603- Child and Youth Welfare Code
 RA 7610 -Anti-Child abuse
 RA 6809- Emancipation
 RA 8552 and RA 8043 domestic and inter country
adoption
 RA 9208- anti- trafficking and RA 10364 expanded
child
 RA 9231- Child labor
 RA 9255-Illegitimate child may use surname of father
 RA 9262- VAWC
 RA 9523- Child legally available for adoption
 RA 9344 –Juvenile Justice and Welfare Act of 2006
 RA 10630 –Act Strengthening juvenile justice system,
amending RA 9344
 RA 9775- Child pornography
 Approved December 10, 1975
 Parental authority – sum total of the
rights of the parents over the person
and property of their child the
exercise of which has no distinction
between a legitimate and an
illegitimate child
 The sum total of the rights of the parents over
the person and property of their child
 - the exercise of which has no distinction
between a legitimate and an illegitimate child
 - the father and the mother shall exercise jointly
just and reasonable parental authority and
responsibility over their legitimate or adopted
children
 - In case of death of either parent, the surviving
parent shall exercise sole parental authority
 - in case of disagreement, the father’s decision
shall prevail unless there is a judicial order to the
contrary
Parental responsibility
 The sum total of the duties and
obligation of parents over their minor
children

Liabilities of parents
 Parent and guardians are responsible
for the damage or injury caused by the
child under their parental authority
 In case of separation of parents, no child
under 7 years of age shall be separated
from his mother unless the court decides
otherwise.

 Guardianship- a trust relation of the most

sacred character, in which one person,
called a guardian, acts for another, called a
ward, regarded as incapable of managing
his own affairs
 The civil personality of the child shall
commence from the moment of conception.

 Civil personality- pertains to the identity

and recognition of an individual as person
having rights
 Shall commence from the moment of
conception, thus all children have the rights
to be born and the right to live.
 Special protection of children
against child abuse,
exploitation and
discrimination act.

 Approved on June17 1992

 Refers to person below eighteen (18)
years of age or those over but are
unable to fully take care of themselves
or protect themselves from abuse,
neglect, cruelty, exploitation or
discrimination because of a physical
or mental disability or condition
 1. Cruelty – refers to any word or deed which
debases, degrades or demeans the intrinsic
worth and dignity of the child as human
being

 2. Physical injury- includes but is not limited

to lacerations, fractured bones, burns,
internal injuries, severe injuries or serious
bodily harm suffered by the child
 3. Psychological injury- means harm to a
child psychological or intellectual
functioning which may be exhibited by
severe anxiety, depression, withdrawal or
outward aggressive behavior

 4. Neglect- means failure to provide for

reason other than poverty, the basic needs
of the child, such as food, clothing, medical
care, shelter and basic education
 1. Physical Neglect - it includes the refusal of
or extreme delay in seeking necessary health
care, child abandonment, inadequate
supervision, rejection of a child leading to
expulsion from the home, and failing to
adequately provide for the child's safety and
physical and emotional needs.

 2. Educational Neglect
 3. Emotional Neglect - It includes such
actions as chronic or extreme spousal
abuse in the child's presence, allowing a
child to use drugs or alcohol, refusal or
failure to provide needed psychological
care, constant belittling and withholding of
affection.

 4. Medical Neglect - Is the failure to provide

appropriate health care for a child although
financially able to do so.
 5. Sexual abuse – includes the
employment, use, inducement or
coercion of a child to engage in sexual
intercourse or lascivious conduct; the
molestation, prostitution and or incest
with children
 The use, hiring , employment and
coercing of children as performers,
actors or models for obscene
exhibition and indecent show, whether
live or in video, or in printed
pornographic materials
 It is the socio legal process of
adopting a Filipino child by a foreigner
or Filipino citizen permanently
residing abroad where the petition is
filed. The supervised trial custody is
undertaken and the decree of
adoption is issued outside the
Philippines.
 Any alien or a Filipino citizen permanently
residing abroad
 At least 27 years of age
 At least 16 years older than the adoptee
unless the adopter is the parent by nature
of the adoptee or the spouse of such parent

 Country with whom Philippines has

diplomatic relation
 Possesses all the qualification
 — Only a legally free child may be the subject
of inter-country adoption. In order that such
child may be considered for placement, the
following documents must be submitted to
the Board;
 a. Birth certificate/foundling certificate;
 b. Deed of voluntary commitment/decree of
abandonment/ death certificate of parents;
 c. Medical evaluation/history;
 d. Psychological evaluation, as necessary; and
e. Recent photo of the child.
 Refers to a child in whose favor a
certification was issued by the DSWD
that he or she is legally available for
adoption after the fact of
abandonment or neglect has been
proven through the submission of
pertinent document or one who was
voluntarily committed by his or her
parents or Legal Guardian.
 Any Filipino citizen, of legal age and at least
16 years older unless that the adoptee the
adopter is the biological parent of the
adoptee or is the spouse of the adoptee's
biological parent Any alien possessing the
same qualification as that of Filipino citizen,
who has been living in the Philippines for at
least three consecutive years, and whose
country has diplomatic relation with the
Philippines.
 1. any person below 18 years of age
judicially declared available for adoption
 Legitimate son or daughter of one spouse
by the other spouse

 An illegitimate son or daughter by a

qualified adopter to improve his or her
status to that of legitimacy
 A person of legal age if prior to the
adoption, said person has been consistently
considered and treated by the adopted as
his or own child since minority
 A child whose adoption has been previously
rescinded
 A child whose biological or adoptive parents
has died but proceedings may only be
initiated after 6 months from the time of
death of the parents
 The recruitment, transportation, transfer or
harboring or receipt of person with or without the
victims consent or knowledge within or across
national borders by means of threat or use of force
or other forms of coercion, abduction, fraud,
deception, abuse of power or prostitution, taking
advantage of the vulnerability of the person or
giving receiving or payments or benefits add to
achieve the consent of a person having control over
another person for the purpose of exploitation
which includes at a minimum, the exploitation or
the prostitution of others or other forms of sexual
exploitation forced labor or services slavery
servitude or the removal or sale of organs
 1. Child
 2. through adoption and purpose is
for prostitution
 3. when the offender is relatives ,
exercise authority and public officer or
employees
 Refers to extraction of work or
services from any person by means of
enticement, violence, intimidation or
threat, use of force or coercion,
including deprivation of freedom,
abuse of authority or moral
ascendancy, debt bondage or
deception
 Refers to a program organized by
travel and tourism related
establishment and individual which
consist of tourism packages or
activities, utilizing and offering escort
and sexual services as enticement for
tourist
 Refers to any representation, through
publication, exhibition,
cinematography, indecent shows,
information technology, or by
whatever means, of a person engaged
in real or simulated explicit sexual
activities or any representation of the
sexual parts for primarily sexual
purposes.
 Refers to pledging by the debtor of his
or her personal services or labor or
those of a person under his or her
control as security or payment for a
debt when the length and nature of
services are not clearly defined or
when the value of the services as
reasonably assessed is not applied
toward the liquidation of debt.
 Amendatory law to RA7610 and
RA7658
 Amended the provision of RA7610
regarding working children
 Approved on December 19, 2003
 1. When a child works directly under the
sole responsibility of his parents or legal
guardian and where only members of the
employer's family are employed
 2. Where a child's employment or
participation in public entertainment or
information through cinema, theatre, radio
or television is essential, with the approval
of the department of labor and
employment.
 (1) A child below fifteen (15) years of age
may be allowed to work for not more than
twenty (20) hours a week: Provided, That
the work shall not be more than four (4)
hours at any given day;
 (2) A child fifteen (15) years of age but
below eighteen (18) shall not be allowed to
work for more than eight (8) hours a day,
and in no case beyond forty (40) hours a
week;
 3) No child below fifteen (15) years of
age shall be allowed to work between
eight o'clock in the evening and six
o'clock in the morning of the following
day and no child fifteen (15) years of
age but below eighteen (18) shall be
allowed to work between ten o'clock in
the evening and six o'clock in the
morning of the following day.
 The parent or legal guardian of a
working child below eighteen (18)
years of age shall set up a trust fund
for at least thirty percent (30%) of the
earnings of the child
 a) No child shall be deprived of formal
or non-formal education.
 In all cases of employment allowed in
this Act, the employer shall provide a
working child with access to at least
primary and secondary education.
 Refers to any act or a series of a acts committed
by any person against a woman who is his wife
former wife, or against a woman with whom the
person has or had a sexual or dating relationship
with whom he has a common child, or against
her child whether legitimate or illegitimate within
or without the family abode, which result in or is
likely to result in physical, sexual, psychological
harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
 Refers to acts that include bodily or physical
harm
 Sexual violence- refers to an act which is
sexual in nature, committed against a
woman or her child
 Psychological violence- likely to cause
mental or emotional suffering of the victim
such as but not limited to intimidation,
harassment, stalking, damage to property,
public ridicule or humiliation and repeated
verbal abuse.
 Refers to an act of inflicting physical harm
upon the woman or her child resulting to
the physical and psychological or emotional
distress.

 Stalking -Refers to an intentional act

committed by a person who knowingly and
without lawful justification follows the
woman or her child or places the woman or
her child under surveillance directly or
indirectly
 REPUBLIC ACT No. 9775 AN ACT
DEFINING THE CRIME OF CHILD
PORNOGRAPHY, PRESCRIBING
PENALTIES THEREFOR AND FOR OTHER
PURPOSES

 This Act shall be known as the "Anti-

Child Pornography Act of 2009.
 (a) "Child" refers to a person below
eighteen (18) years of age or over, but
is unable to fully take care of
himself/herself from abuse, neglect,
cruelty, exploitation or discrimination
because of a physical or mental
disability or condition.
 (1) a person regardless of age who is
presented, depicted or portrayed as a
child as defined herein; and

 (2) computer-generated, digitally or

manually crafted images or graphics
of a person who is represented or who
is made to appear to be a child as
defined herein
 1) As to form:
 (i) sexual intercourse or lascivious act
including, but not limited to, contact involving
genital to genital, oral to genital, anal to
genital, or oral to anal, whether between
persons of the same or opposite sex;
 (2) bestiality;
 (3) masturbation;
 (4) sadistic or masochistic abuse;
 (5) lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or anus; or
 (6) use of any object or instrument for
lascivious acts
 RA 9344
 Juvenile justice and welfare act of
2006
 Approved on April 28 2006

 Repealed the provision of the

revised penal code and PD 603 on
minors offender
Rights of the Child in Conflict with the
Law.
 a) the right not to be subjected to
torture or other cruel, inhuman or
degrading treatment or punishment;

 (b) the right not to be imposed a

sentence of capital punishment or life
imprisonment, without the possibility
of release;
 (c) the right not to be deprived,
unlawfully or arbitrarily, of his/her
liberty; detention or imprisonment being
a disposition of last resort, and which
shall be for the shortest appropriate
period of time;

 (d) the right to be treated with humanity

and respect, for the inherent dignity of
the person, and in a manner which takes
into account the needs of a person of
his/her age. In particular, a child
deprived of liberty shall be separated
from adult offenders at all times.
 No child shall be detained together with
adult offenders.
 He/She shall be conveyed separately to or
from court.
 He/She shall await hearing of his/her own
case in a separate holding area. A child in
conflict with the law shall have the right to
maintain contact with his/her family
through correspondence and visits, save in
exceptional circumstances
 (e) the right to prompt access to legal
and other appropriate assistance, as
well as the right to challenge the
legality of the deprivation of his/her
liberty before a court or other
competent, independent and impartial
authority, and to a prompt decision on
such action;
(f) the right to bail and recognizance, in
appropriate cases;

(g) the right to testify as a witness in

hid/her own behalf under the rule on
examination of a child witness;

(h) the right to have his/her privacy

respected fully at all stages of the
proceedings;

(i) the right to diversion if he/she is

qualified and voluntarily avails of the
same
 j) the right to be imposed a judgment in
proportion to the gravity of the offense where
his/her best interest, the rights of the victim
and the needs of society are all taken into
consideration by the court, under the
principle of restorative justice;

 (k) the right to have restrictions on his/her

personal liberty limited to the minimum, and
where discretion is given by law to the judge
to determine whether to impose fine or
imprisonment, the imposition of fine being
preferred as the more appropriate penalty;
 1. Where criminal liability attaches to
the parent
 2. Where the offended party is a minor
 3. Where the courts act
 4. Where the proceeding involve
minors under the child and youth
welfare code
 5. Where the proceeding involves
minors under the dangerous drug act
 1) Conceals or abandon the child with the
intent to make such child lose his civil
status.

 2) Abandon the Child under such
circumstances as to deprive him of the love;
care and protection he needs.

 3) Sell or abandons the child to another

person for valuable consideration.
 4) Neglects the child by not giving him the
education, which the family's station in life
and financial conditions permit.

 5)Fails or refuse, without justifiable

grounds, to enroll the child as required by
the Child and Youth Welfare Code.

 6) Causes, abets or permits the truancy of

the child from the school where he is
enrolled.

 7)Improperly exploits the child by using him

for begging and other acts, which are
inimical to his interest and welfare.
 8) Inflicts cruel and unusual punishment upon
the child or deliberately subjects him to
indignities and other excessive chastisement
that embarrass or humiliate him.

 9)Causes or encourages the child to lead an

immoral or dissolute life.

 10) Permits the child to possess, handle or

carry a deadly weapon, regardless f its
ownerships.

 11) Allows or requires the child to drive

without license or with a license which the
parent knows to have been illegally produced.
 CONJUGAL – Husband & Wife

 Nuclear – Husband, Wife & Child

 EXTENDED – Husband, Wife, Relatives &

Grand Parents

 Blended- Single Mom/Dad with new

relationship
 Refers to a system dealing with
children at risk and children in conflict
with the law, which provides child-
appropriate proceedings, including
programs and services for prevention,
diversion, rehabilitation ,re-
integration and aftercare to ensure
their normal growth and development
 Refers to the apprehension or taking into
custody of a child in conflict with the law
by law enforcement officers or private
citizens. (Arrest)

 Child in Conflict with the Law(CICL)

 refers to a child who is alleged as,
accused of, or adjudged as, having
committed an offense under Philippine
laws.
 Refers to a child who is vulnerable to
and at the risk of committing criminal
offenses because of personal, family
and social or circumstances
 Refers to a child who is alleged
as, accused of , or adjudged as,
having committed and offense
under Philippine laws
 Refers to the apprehension or taking
into custody of a child in conflict with
the law by law enforcement officers or
private citizens
 Inform the child of the reason for such
custody and advise the child of his/her
constitutional rights in a language or dialect
understood by him/her;

 Properly identify himself/herself and present

proper identification to the child;

 Refrain from using vulgar or profane words

and from sexually harassing or abusing, or
making sexual advances on the child in
conflict with the law;
 Avoid displaying or using any firearm,
weapon, handcuffs or other instruments of
force or restraint, unless absolutely
necessary and only after all other methods
of control have been exhausted and have
failed;

 Refrain from subjecting the child in conflict

with the law to greater restraint than is
necessary for his/her apprehension;

 Avoid violence or unnecessary force;

 The child in conflict with the law shall enjoy the
presumption of minority.
 The age of a child may be determined from the
child’s birth certificate, baptismal certificate or
any other pertinent documents. In the absence of
these documents, age may be based on
information from the child himself/herself,
 Testimonies of other persons,
 Physical appearance of the child and other
relevant evidence. In case of doubt as to the age
of the child, it shall be resolved in his/her favor.
 Refers to a series of activities which are
designed to address issues that caused the
child to commit an offense

 May take the form of an individualized

treatment program which may include
counseling, skills training ,education, and
other activities that will enhance his or her
psychological emotional and psycho-social
well-being
 Refers to an alternative, child-appropriate
process of determining the responsibility
and treatment of a child in conflict with the
law on the basis of his or her social,
cultural, economic , psychological,
educational background without resorting
to formal court proceedings
 Refers to the program that the child in
conflict with the law is required to
undergo after he or she is found
responsible for an offense without
resorting to formal court proceedings
 A child FIFTEEN (15) YEARS AGE OR UNDER at
the time of the commission of the offense
shall be EXEMPT from CRIMINAL LIABILITY-
but he shall INTERVENTION PROGRAM .

 A child is DEEMED TO BE FIFTEEN (15) years

of age ON THE DAY OF THE FIFTEENTH
(15TH) anniversary of his/her birthdate.
 A child above fifteen (15) years of age but
below eighteen (18) years of age shall
likewise be EXEMPT from criminal liability and
be subjected to an Intervention program
unless he/she acted with discernment, in
which case, such child shall be subjected to
theappropriate proceedings.
 Exemption from criminal liability does not
include exemptions from civil liability
 A child above fifteen (15) years of age
but below eighteen (18) years of age
who acted with discernment and who
is not qualified for diversion or
refused to undergo diversion , shall be
Prosecuted
 The capacity of child at the time of the
commission of the offense to under
stand the difference between right and
wrong and the consequences of the
wrongful act.
 a) Explain to the child in simple language
and in a dialect that he/she can understand
why he/she is being placed under custody
and the offense that he/she allegedly
committed;

 (b) Inform the child of the reason for such

custody and advise the child of his/her
constitutional rights in a language or dialect
understood by him/her;
 (c) Properly identify himself/herself and
present proper identification to the child;

 (d) Refrain from using vulgar or profane

words and from sexually harassing or
abusing, or making sexual advances on the
child in conflict with the law;

 e) Avoid displaying or using any firearm,

weapon, handcuffs or other instruments of
force or restraint, unless absolutely necessary
and only after all other methods of control
have been exhausted and have failed
 (f) Refrain from subjecting the child in
conflict with the law to greater restraint
than is necessary for his/her apprehension;

 (g) Avoid violence or unnecessary force;

 (h) Determine the age of the child pursuant

to Section 7 of this Act;
 (a) Where the imposable penalty for the crime
committee is not more than six (6) years
imprisonment, the law enforcement officer or
Punong Barangay with the assistance of the local
social welfare and development officer or other
members of the LCPC shall conduct mediation,
family conferencing and conciliation and, where
appropriate, adopt indigenous modes of conflict
resolution in accordance with the best interest of
the child with a view to accomplishing the
objectives of restorative justice and the
formulation of a diversion program. The child
and his/her family shall be present in these
activities.
 (b) In victimless crimes where the imposable
penalty is not more than six (6) years
imprisonment, the local social welfare and
development officer shall meet with the
child and his/her parents or guardians for
the development of the appropriate
diversion and rehabilitation program, in
coordination with the local govt;
 c)Where the imposable penalty
for the crime committed exceeds
six (6) years imprisonment,
diversion measures may be
resorted to only by the court
 SEC. 30. Formulation of the Diversion Program.
The following factors shall be considered in
formulating a diversion program for the child:

 (a) The child's feelings of remorse for the offense

he/she committed;
 (b) The parents' or legal guardians' ability to guide
and supervise the child;
 (c) The victim's view about the propriety of the
measures to be imposed; and
 (d) The availability of community-based programs
for rehabilitation and reintegration of the child
 Refers to a principle which requires a
process of resolving conflicts with the
maximum involvement of the victim,
the offender and the community;
seeks to obtains reparation for the
victim , reconciliation of the offender,
the offended and the community and
reassurance to the offender that he or
she can be reintegrated into society.
 Refers to a 24-hour child-caring institution
established, funded and managed by local
government units (LGU) and licensed and /
or accredited non-governmental
organizations providing short-term
residential care for children in conflict with
the law who are above fifteen (15) but
below eighteen (18) years of age who are
awaiting court disposition for their cases or
transfer to other agencies jurisidiction
 A CICL above 12 up to 15 years old who had
been subjected to a community-based
intervention program for a commission of
crime and who would again commit another
crime shall also be deemed as NEGLECTED
CHILD and shall be mandatorily placed in
Bahay Pag-Asa to undergo an intensive
program supervised by DSWD
Shall be instituted in local government
units from the brgy to the provincial
level
 Shall include community based
program on juvenile justice and
welfare
 Under the supervision of Regional
juvenile justice welfare council
 Shall be instituted by the local government
units through the school, youth organization,
and other concern agencies

 Shall respond to the special needs, problems,

interest and concern of children and which
offer appropriate counseling and guidance to
them and their families
 Includes measure to promote social justice
and equal opportunity, which tackle perceived
root causes of offending

 Secondary intervention- includes measures

to assist children at risk
 Tertiary- includes measure to avoid
unnecessary contact with the formal justice
system and other measures to prevent re-
offending
 Shall be prepared if the child :

 1) is qualified for diversion ; and

 2) voluntarily admits the commission of the
act and the parents or guardian of the child
and the child himself agrees to the
diversion program
 It must be signed by the child's parents
guardian and the authorities concerned
 A child who is above twelve (12) years old
up to fifteen (15) who commits for the
second time or oftener and previously
subjected to a community-based
intervention program.

 Shall undergo intensive intervention

program supervised by the LSWDO
 A child in conflict with the law shall undergo
PROSECUTION if:

 1) he is not qualified for diversion

 2)he is qualified for diversion but he is or his
parents or guardian does not agree to
diversion
 3) diversion is not appropriate for the child
in conflict with the law, based on the social
worker's recommendations
 There shall be a specially-trained
prosecutor to conduct inquest, preliminary
investigation and prosecution of cases
involving children in conflict with the law

 The information against the child shall be

filed before the family court with in FORTY-
FIVE DAYS from the start the preliminary
investigation
 During trial, the court shall order:
 1) the release of the child on recognizance
to his or her parents and other suitable
persons
 2) the release of the child on bail
 3) if the child is to be detained, the transfer
of the child to a youth detention home
 Detention of the child shall be ordered only
as a last resort
 If the child in conflict with the law is
found guilty of the offense charged,
the court shall place the child under
suspended sentence, without need of
application
 The automatic suspension of sentence may
be extended until the child reaches the
maximum age of TWENTY – ONE 21 YEARS
OLD

 The court shall order the detention of the

child in a youth rehabilitation center where
he shall undergo the appropriate
disposition measures
 Upon the recommendation of the
social worker who has custody of the
child, the court shall DISMISS THE
CASE AGAINST THE CHILD if the court
finds that the disposition measures
have been fulfilled
 If the court finds that the objective of
the disposition measures imposed
upon the child have not been fulfilled ,
or if the child has willfully failed to
comply with the conditions of his or
her rehabilitation program , the child
shall be returned to court for the
EXECUTION OF JUDGEMENT
 A child in conflict with the law whose
sentence was executed by the court
upon reaching the maximum age of
TWENTY – ONE (21) shall be entitled to
the benefits of probation under PD
968, the Probation Law of 1976
 Persons below eighteen (18) years old shall
be exempt from prosecution for the
following crimes :
 1) vagrancy and prostitution under the
Revised Penal Code
 2) mendicancy under PD No 1563
 3) sniffing of rugby under PD 1819
 A 24 hour-hour resident group care
service for physical, mental , social
and spiritual well-being of nine or
more mentally gifted, dependent,
abandoned, neglected handicapped or
disturbed children.
 Term for youthful offender awaiting for
court disposition or transfer to other
agencies Youth rehabilitation center- for
cicl

 Shelter care – requiring emergency

reception

 Receiving home – family type home for 10-

20 days, children must not exceed 9 years
of age.
It refers to an alternative, child appropriate
process of determining the responsibility and
treatment of child in conflict with the law on
the basis of his/her social, cultural,
economic, psychological or educational
background without resorting to formal court
proceedings
A.Court
B. Deprivation of Liberty
C. Diversion
D. Intervention
It refers to an alternative, child appropriate
process of determining the responsibility and
treatment of child in conflict with the law on
the basis of his/her social, cultural,
economic, psychological or educational
background without resorting to formal court
proceedings
A.Court
B. Deprivation of Liberty
C. Diversion
D. Intervention
 Known as the PD 603

 A. Child youth code welfare

 B. Child welfare youth code
 C. Child and youth welfare code
 D. Child and code youth welfare.
 Known as the PD 603

 A. Child youth code welfare

 B. Child welfare youth code
 C. Child and youth welfare code
 D. Child and code youth welfare.
 Which of the followings should NOT be
released to the press by police officer

 A. Length of Investigation
 B. Juvenile’s age
 C. Juvenile’s name
 D. Type of crime committed
 Which of the followings should NOT be
released to the press by police officer

 A. Length of Investigation
 B. Juvenile’s age
 C. Juvenile’s name
 D. Type of crime committed
 Allen was a criminologist and a businessman
at the age of 35 is qualified to adopt a child,
what should be the age of the child that he
can adopt

 A. 17
 B. 19
 C. 16
 D. 18
 Allen was a criminologist and a businessman
at the age of 35 is qualified to adopt a child,
what should be the age of the child that he
can adopt

 A. 17
 B. 19
 C. 16
 D. 18
 Allen is a 14 year old child and he is working
as a child actor, until what time should be his
work for a day

 A. 8pm
 B. 6am
 C. 8am
 D. 6pm
 Allen is a 14 year old child and he is working
as a child actor, until what time should be his
work for a day

 A. 8pm
 B. 6am
 C. 8am
 D. 6pm
 A working child below fifteen years old may
be allowed to work for only ____ hours a day

 A. 8
 B. 4
 C. 5
 D. 6
 A working child below fifteen years old may
be allowed to work for only ____ hours a day

 A. 8
 B. 4
 C. 5
 D. 6
 Jacob is a 16 years child who committed a
sexual assault and was apprehended when he
was interviewed by the social worker he told
that he will not be liable because he is a
minor that’s why he committed a crime, is he
exempted? What would be the resolve?

 A. No, Diversion Program

 B. Yes, Diversion Program
 C. No, Intervention Program
 D. Yes Intervention Program
 Jacob is a 16 years child who committed a
sexual assault and was apprehended when he
was interviewed by the social worker he told
that he will not be liable because he is a
minor that’s why he committed a crime, is he
exempted? What would be the resolve?

 A. No, Diversion Program

 B. Yes, Diversion Program
 C. No, Intervention Program
 D. Yes Intervention Program
 In the Philippines, what is the age of absolute
responsibility

 A. Infancy to 9 years old

 B. From the day of Conception
 C. 18-70 years old
 D. 70 yrs old and above
 In the Philippines, what is the age of absolute
responsibility

 A. Infancy to 9 years old

 B. From the day of Conception
 C. 18-70 years old
 D. 70 yrs old and above
 The power of the state to give any form of
charity public nature. It is the philosophy
behind the view that youthful offender/child
in conflict with the law is the victim of
improper care and that the state is duty
bound to provide protection.
 A. In loco parentis
 B. Guardian ad litem
 C. Parens patriae
 D. Patria potestas
 The power of the state to give any form of
charity public nature. It is the philosophy
behind the view that youthful offender/child
in conflict with the law is the victim of
improper care and that the state is duty
bound to provide protection.
 A. In loco parentis
 B. Guardian ad litem
 C. Parens patriae
 D. Patria potestas
 No penalty shall be imposed when child violates
ordinances enacted by local government concerning
juvenile status offenses such as, but not limited to
curfew, truancy, parental disobedience, smoking etc,
and they are recorded as
 A. AS a ‘child in conflict with the law’ and not as
youthful offender
 B. As a ‘zone of peace’ and not as ‘child in conflict
with the law
 C. As a Child in conflict of the law and not as child at
risk
 D. As a Child at risk and not as child in conflict with
the law
 No penalty shall be imposed when child violates
ordinances enacted by local government concerning
juvenile status offenses such as, but not limited to
curfew, truancy, parental disobedience, smoking etc,
and they are recorded as
 A. AS a ‘child in conflict with the law’ and not as
youthful offender
 B. As a ‘zone of peace’ and not as ‘child in conflict
with the law
 C. As a Child in conflict of the law and not as child at
risk
 D. As a Child at risk and not as child in conflict with
the law
 A pattern of repeated or habitual
unauthorized absences from school by any
juvenile subject to compulsory education laws
is called
 A. School Delinquency
 B. Status offence
 C. School Truancy
 D. Deviation
 A pattern of repeated or habitual
unauthorized absences from school by any
juvenile subject to compulsory education laws
is called
 A. School Delinquency
 B. Status offence
 C. School Truancy
 D. Deviation
THANK YOU FOR
LISTENING, FUTURE
RCRIMS!