JUVENILE DELINQUENCY

AND
JUVENILE JUSTICE
SYSTEM

Jeciel Mae P. Bombeza,

RCrim
OVERVIEW
PART I
• Definition of terms
• Brief history of Juvenile Delinquency
• Types of delinquency and delinquent youth
• Different approaches in the study of delinquency
• Causes of behavioral disorders
• Different theories concerning delinquency
 DEFINITION OF TERMS
DELINQUENCY IN GENERAL
- Delinquency refers to any action; course or conduct that deviates from acts approved by the majority of
people.
- tantamount to felony or offense
- It is a description of those acts that do not conform to the accepted rules, norms and mores of the society
(sociological definition).
- punishable only by a small fine or short-term imprisonment or both.

JUVENILE
- A child or a young person, who, under the legal system may be dealt with for an offense in a manner different
from that of an adult.
- A minor, a youth, or who is not yet emancipated by law.
- Refers to a person of tender years.
- A person below the age of majority, that is, below eighteen years old, or who is unable to fully take care of
himself from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or
conditions.

DELINQUENT
- One whose behavior has brought him into repeated conflict with the law regardless of whether or not he has
been taken before a court and adjudged as a delinquent.
- one who has committed an offense that violated the approved norms of conduct and is guilty of a misdeed
JUVENILE DELINQUENCY JUVENILE DELINQUENT
- It is an anti-social behavior or act which - Juveniles are young people who are
does not conform with the standards of regarded as immature or one whose mental
society. as well as emotional faculties are not fully
developed thus, making them incapable of
- Youth behavior which is against the norms taking full responsibility of their actions.
and regulations of society which if left - In legal points, the term juvenile is a person
unchecked would give rise to criminality subject to juvenile court proceedings
- It describes a large number of disapproved because of a statutorily defined event or
behavior of children or youth. condition caused by or affecting that person
and was alleged to have occurred while his
- It is considered as anti-social acts or or her age was below the specified age
behavior of children which deviate from the limit.
normal pattern of rules and regulations, - In view of the above, juvenile delinquents
custom and culture which society does not are youthful offenders and have been
accept and which therefore justify some adjudicated as such by the court of proper
kind of admonition, punishment or jurisdiction.
corrective measures in the interest of the - The term should only be applied to children
public. who commit criminal offenses and is in need
of supervision or treatment.
AGE OF MAJORITY
- It commences at the age of eighteen (18) years.

EMANCIPATION
- It is freedom from parental authority, both over his person and property.
- It happens upon reaching the age of eighteen years.

RA 6809
- It is the law which amends the age of majority.
- It lowered the age of majority from twenty-one (21) to eighteen (18) years.
- It was approved on 13 December 1989

ANTI-SOCIAL BEHAVIOR
- It is characterized by disobedience to, or disrespect to authorities.
STATUS OFFENSES
- These are certain acts or omissions which may not be punishable socially or legally if committed
by adults but become anti-social or illegal because the offender is a minor, such as:
a) truancy or frequent unreasonable absenteeism from school;
b) use of profane language;
c) running away from home;
d) smoking and drinking alcoholic beverages;
e) disobedience to parents, guardians or school officials
f) mendicancy or begging in the streets;
g) association with delinquent gangs; or
h) curfew violations
PARENS PATRIAE (“father of the country”)
- It is a doctrine that does not consider delinquent acts as criminal violation. Thus, making delinquents
non-criminal persons and cannot be found guilty of a crime and punished like an adult criminal.
- It views minor who violates laws as victims of improper care, custody and treatment at home.
- It is the assumption by the State of the role of guardian over children whose parents are deemed
incapable or unworthy.
- It is the authority of the state to act on behalf of the children.
FAMILY IMMUNITY DOCTRINE
- Legal doctrine preventing unemancipated children from suing their parents.
FAMILY PURPOSE DOCTRINE
- Legal doctrine holding parents liable for injuries caused by a child's negligent driving or other actions.
FOSTER CARE
- Temporary care funded via Federal-State passthrough and arranged by a child welfare agency in order
to allow receipt of adequate food, clothing, shelter, education, and medical treatment for anyone raising
a child that is not their own.
GUARDIAN AD LITEM
- Phrase meaning "For the Proceeding" referring to adults who look after the welfare of a child and
represent their legal interests.
 BRIEF HISTORY OF JUVENILE
DELINQUENCY
❖ Children were viewed as non-persons until the 1700’s.
❖ They did not receive special treatment or recognition.
❖ There was a strong chance that the children would not survive until adulthood.

"The Age of Enlightenment" (18th Century)

❖ known as the beginning of reason and humanism.
❖ It was the invention of childhood, love and nurturing instead of beatings to stay in line.
❖ It did not make sense to the parents in those days to create an emotional bond with ally
begun to emerge as a distinct group.
❖ The punishment of juvenile offenders was often severe until the 19th century.
PRIOR TO THE 20TH CENTURY
❖ since the 1960s, policy has been directed away from the detention of young offenders towards
treatment in the community, beginning with avoiding court altogether.
❖ The police are encouraged to caution juveniles who admit an offence, unless they are persistent
offenders.
❖ When juvenile offenders are dealt with more formally, they are tried by a dedicated juvenile court,
having as little contact with the mainstream system as possible.
❖ There is considerable emphasis on parental responsibility, and the parents may be ordered to pay
the juvenile's fine, or be liable to pay a sum of money if the child is in trouble again.
❖ If the courts need to punish juveniles, they can utilize community sentences.
❖ Those aged 15 and over may also be sentenced to probation orders (supervision), community
service orders (compulsory work under supervision), or a combination of both.
❖ If juveniles are to be detained, those aged 15 or over may be held in a young offender institution for
between 2 and 12 months.
❖ Younger offenders can only be detained in the most serious of cases, and there are national units
to deal with them. All Offenders aged 10 to 13 can be detained only if convicted of manslaughter or
murder.
 TYPES OF DELIQUENCY &
DELINQUENT YOUTH
TYPES OF DELIQUENCY
1) ENVIRONMENTAL DELINQUENTS - Characterized by occasional law-breaking.
2) EMOTIONALLY MALADJUSTED DELINQUENTS - Characterized by chronic law-breaking; a
habit which this type cannot avoid or escape from.
3) PSYCHIATRIC DELINQUENTS - Characterized by serious emotional disturbances within the
individual and in some cases associated with tendencies towards mental illness.

TYPES OF DELIQUENT YOUTH

1) SOCIAL - An aggressive youth who resents authority of anyone who makes an effort to
control his behavior.
2) NEUROTIC - One who has internalized his conflicts and is preoccupied with his own
feelings.
3) ASOCIAL - One whose delinquent acts have a cold, brutal and vicious quality for which the
youth feel no remorse.
4) 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.
 DIFFERENT APPROACHES IN THE
STUDY OF DELINQUENCY
1) BIOGENIC APPROACH
- It gives an explanation that law violations and delinquency are a result of some physical defects.
2) PSYCHOGENIC APPROACH
- It argues that the critical factors in delinquency are personality problems to which misbehavior is
presumed to be the response.
3) SOCIOGENIC APPROACH
- It attributes delinquency pattern to social structures.
- It views youthful misdeed as a result of a learning process through interactions with other members
of society.

In general, the approaches in the study of crime are:

1. subjective approach
2. objective approach and
3. contemporary approach
SUBJECTIVE APPROACHES
- It deals mainly on the biological explanation of crimes, focused on the forms of abnormalities that exist in
the individual criminal before, during and after the commission of the crime (Tradio, 1999).
1. ANTHROPOLOGICAL APPROACH – the study on the physical characteristics of an individual offender
with nonoffenders in the attempt to discover differences covering criminal behavior (Hooton).
2. MEDICAL APPROACH - the application of medical examinations on the individual criminal explains the
mental and physical condition of the individual prior and after the commission of the crime (Positivist).
3. BIOLOGICAL APPROACH –the evaluation of genetic influences to criminal behavior. It is noted that
heredity is one force pushing the criminal to crime (Positivist).
4. PHYSIOLOGICAL APPROACH – the study on the nature of human being concerning his physical needs
in order to satisfy his wants. It explains that the deprivation of the physical body on the basic needs is an
important determiner of the commission if crime (Maslow).
5. PSYCHOLOGICAL APPROACH – it is concerned about the deprivation of the psychological needs of
man which constitute the development of deviations of normal behavior resulting to unpleasant
emotions (Freud, Maslow).
6. PSYCHIATRIC APPROACH – the explanation of crime through diagnosis of mental diseases as a cause
of the criminal behavior (Positivist).
7. PSYCHOANALYTICAL APPROACH – the explanation of crimes based on the Freudian Theory which
traces behavior as the deviation of the repression of the basic drives (Freud).
OBJECTIVE APPROACHES
- deals on the study of groups, social processes and institutions as influences to behavior. They are
primarily derived from social sciences (Tradio, 1999).
1. GEOGRAPHIC APPROACH – this approach considers topography, natural resources,
geographical location, and climate lead an individual to commit crime (Quetelet).
2. ECOLOGICAL APPROACH – it is concerned with the biotic grouping of men resulting to migration,
competition, social discrimination, division of labor and social conflict as factors of crime (Park).
3. ECONOMIC APPROACH – it deals with the explanation of crime concerning financial security of
inadequacy and other necessities to support life as factors to criminality (Merton).
4. SOCIO – CULTURAL APPROACH – this focuses on institutions, economic, financial, education,
political, and religious influences to crime (Cohen).

CONTEMPORARY APPROACHES
Modern days put emphasis on scientific modes of explaining crime and criminal behavior.
This approach is focused on the psychoanalytical, psychiatric and sociological explanations of crime
in an integrated theory – an explanatory perspective that merges concepts drawn from different
sources (Schmalleger, 1997).
 CAUSES OF BEHAVIORAL DISORDERS
1. PREDISPOSING FACTORS - Internal propensities which may not be considered as criminal unless
the attempt was made.
2. PRECIPITATING FACTORS - Conditions and elements which provoke crimes such as personal
problems, curiosity, ignorance, necessities, diseases, traumatic experiences and the like.
 DIFFERENT THEORIES CONCERNING
DELINQUENCY
1. CHOICE THEORY
2. PSYCHOLOGICAL THEORIES
3. SOCIOLOGICAL THEORIES

CHOICE THEORY
- It is based on the classical school of criminology that views an individual as having free will in choosing
his actions and that he calculates what he will gain or lose if he commits an act.
- It views the delinquent as a motivated offender who breaks the law because he or she perceives an
abundance of benefits and an absence of threat.
 BIOSOCIAL OR TRAIT THEORIES
- These are based on the view that both thought and behavior have biological and social bases.
- Contemporary explanation of the biogenic approach.
1) BIOCHEMICAL
- It views that crime and delinquency especially violence are the result of diet, vitamin intake, hormonal
imbalance and other biological causes.
2) NEUROLOGICAL
- It explains that crime and delinquency occur because the individual suffers from brain impairment or
abnormality in the structure of the brains.
- Learning disabilities such as attention deficit/hyperactive disorder and minimum brain dysfunction are
related to antisocial behavior.
3) GENETIC
- It explains that delinquent traits and predisposition to criminality are inherited from parents. - Criminality
of parents can predict delinquency of children.
- It is supported by research on twin studies and adoption studies.
 PSYCHOLOGICAL THEORIES
- views delinquency as a result of emotional and mental disturbance of the individual. A contemporary explanation of the
psychogenic approach
1) PSYCHODYNAMIC THEORY
- It is based on the psychoanalytic theory of Sigmund Freud.
- Delinquency is the result of the imbalance of the three components of personality: id, ego and superego
- Delinquency is the product of the abnormal personality structure formed in early life and which thereafter controls
human behavior choices.
1) BEHAVIORAL THEORY
- It believes that individuals learn by observing how people react to their behavior
- Behavior is reinforced by some positive reaction and it is extinguished if punished.
- Misbehavior of children if left unchecked will persist until adolescence
1) COGNITIVE THEORY
- It views that delinquency is a result of the faulty perception and analysis of data of an individual.
- It believes that when an individual makes decision, he engages in a sequence of cognitive thought processes:
1) he first encodes the information so that it can be interpreted;
2) then, he searches for a proper response and decide upon the most appropriate action; and
3) finally, he acts on his decision.
- Delinquency-prone adolescents may have cognitive deficits and use information incorrectly when they make decisions
 SOCIOLOGICAL THEORIES
- They view delinquency as a product of the different social factors and dynamics

1) SOCIAL STRUCTURE THEORIES

- They hold that delinquency is a function of a person’s place in the economic structure.
2) SOCIAL PROCESS THEORIES
- They view delinquency as a result of poor or faulty socialization or upbringing
3) SOCIAL REACTION THEORIES
- They view delinquent acts and criminality as products of stigma and labeling.
4) SOCIAL CONFLICT THEORIES
- They hold that delinquent behavior is a product of economic inequality.
CONTRIBUTORY
FACTORS IN JUVENILE
DELINQUENCY

1) FAMILY
2) SCHOOL
3) ENVIRONMENT
 FAMILY FACTOR

- The first and most basic institution of society responsible for developing a
child’s potential in all its aspects like physical, emotional, spiritual, moral,
intellectual and social
- It molds the child to learn to curb his desires and to accept rules that
define the time, place and circumstances under which highly personal
needs may be satisfied in socially acceptable ways.
- The basic and most important social unit to affect children.
TYPES OF FAMILY STRUCTURE:
1) NUCLEAR FAMILY
➢ It consists of father, mother and children.

2) EXTENDED FAMILY
➢ It consists of father, mother, children, grandparents, uncles and aunts, cousins, nephews and
nieces, and in-laws.

3) CONJUGAL FAMILY
➢ It consists of the Husband and Wife (Father and Mother)

4) BLENDED FAMILY
➢ mixing of two families brought by divorce or remarriage.
OTHER FAMILY STRUCTURES:
1. Join Family – Married children within their spouses and children living in
one residence. (horizontal structure);
2. Household – Several people may or may not be related to one another
having the same residence and share responsibilities.
3. Truncated – The grandparent-grandchildren relationship. The
grandparents substitute the authority of the parents or act as surrogate
parents.
4. Stem – It is similar to the extended family. The only difference is that they
do not share common residence. Their residence is located only in the
same place. (It may consist of two kinds of family: family of orientation
and family of procreation).
MODEL OF FAMILY:
a) structural completeness - presence of both father and mother
b) economic security - capability to provide for the basic needs and wants
c) cultural conformity - typical family beliefs and practices
d) moral conformity - moral uprightness, Christian way of living
e) physical and psychological normalcy
f) emotional adequacy – affection, support, love and care between faulty
members
g) Religious Homogeneity - both parents profess the same religion
FACTORS IN THE HOME LIFE THAT MAY CAUSE DELINQUENCY:
a) faulty development of the child;
b) lack of parental guidance;
c) parental rejection;
d) broken homes;
e) lack of love;
f) unfair treatment;
g) too harsh discipline by either or both parents;
h) too much leniency by either or both parents; and
i) unfavorable parental example.
DEFINITION OF TERMS
Marriage (Wedlock) - A special contract of permanent union between a
man and a woman entered into for purposes of establishing conjugal and
family relation. - Social or legal contract between individuals that creates
kinship.

Kinship - Human relation whether by blood or by marriage.

Monogamy - One marriage (One Man and One Woman)

Polygamy - Having more than one marriages (One Man with more than
One Woman or One Woman with more than One Husband.
• Polygyny – Marriage of one man with two or more wives.
• Polyandry – Marriage of one woman with two or more husband.
KINDS OF MARRIAGE:
1. Adoptive Marriage – A kind of marriage in which a family who does not have a son and in order to
preserve their surname requests the prospective son-in-law to adopt the family name of the bride’s
parents before marriage.
2. Sororate Marriage – This is called sister-in-law marriage where a man remarries his deceased
wife’s sister.
3. Levirate Marriage – A woman who remarries the brother of her deceased husband.
4. Ghost Marriage – It is similar to levirate marriage. The children become the “sired” by the dead
husband. This means that the second husband or the brother is only a “surrogate” or who
substituted for his brother.
5. Endogamy Marriage – A form of marriage practice in some tribes that an individual should marry
from a member of one’s clan or ethnic group. However, the parents may direct that marriage may
be extended to the religious group or social class.
6. Exogamy Marriage – The marriage which prescribes that one marries outside of one’s clan or
ethnic group.
RESIDENCE FOR MARRIAGE
1. Neolocal Residence – The couple will live in a new house (Own
Residence).

2. Patrilocal Residence – The newlyweds live (moves) to the

husband`s parents (Other name is “Virilocal Residence”)

3. Matrilocal Residence – The newlyweds live or move with the wife’s

parents’ residence. It is also called “Uxorilocal Residence”

4. Bilocal Residence – When the newlyweds shift or transfer residence

from matrilocal to patrilocal residence or vice versa.
LEGAL FORMS OF MARRIAGES:
1. VALID MARRIAGE – When all the essential 2. Null and Void marriage (Void ab initio) –
and formal requisites of a marriage are Lack of any essential or formal elements.
present.
Action: Petition for Declaration of Nullity of
Essential Requirements: Marriage
a. Legal capacity of contracting parties who
must be a male and a female (of legal age);
3. Voidable – When there is a defect in any of
- Between 18 to 21 – Parental Consent the two essential requisites of a valid marriage.
- Between 21 to 25 – Parental Advise Action: Petition for Annulment of Marriage

b. Consent freely given in the presence of the Note: Divorce is not recognized in the
solemnizing officer. Philippines.
Formal Requisites: Annulment – It dissolves a marriage. It allows
parties to remarry.
- Authority of the solemnizing officer;
Legal Separation – Separation from bed and
- Marriage license; and
board (marriage remains).
- Marriage ceremony.
TYPES OF PARENTING STYLE
1. AUTHORITARIANS OR DISCIPLINARIANS
- Less warmth and nurturing, high expectations but low responsiveness and mistakes are punished
harshly and expect blind obedience. A child tends to have lower academic performance, low self-
esteem, poorer social skills, mental illness, drug and alcohol abuse and delinquency.
- They believe kids should be seen and not heard.
- When it comes to rules, they believe “it’s their way or the highway.”
- They don’t take their child’s feelings into consideration.
- The focus is on obedience and punishment over discipline.
2. AUTHORITATIVE
- warm and responsive, clear rules, high expectations, supportive and value independence. Children
tends to have higher academic performance, more self-esteem, better social skills, less mental illness
and lower delinquency
- They put a lot of efforts into creating and maintaining a positive relationship with their child. - They
explain the reasons behind their rules. –
- They enforce rules and give consequences but they take their child's feelings into consideration
- They create positive relationship and enforce rules.
3. PERMISSIVE OR INDULGENT
- warm and responsive, few or no rules, indulgent, lenient. Children may be having impulsive
behavior, egocentric, poorer social skills and problematic relationship.
- They set rules but rarely enforce them.
- They don't give out consequences very often.
- They think their child will learn best with little interference from them.
- They don’t enforce rules. Kids will be kids.
4. INDIFFERENT OR NEGLECTFUL (Uninvolved)
- cold and unresponsive, no rules, uninvolved, indifferent. Children can be impulsive, cannot self-
regulate emotions, encounter more delinquency and addiction problems and may have more
mental issues like suicidal behavior.
- - They don't ask their child about school or homework.
- They rarely know where their child is or who she is with.
- They don't spend much time with your child.
- They provide little guidance, nurturing or attention.
 SCHOOL FACTOR
Instances of deviant conduct attributed to school inadequacy:

a) failure of teachers to detect and address problems of children and report

such problems to the parents;
b) poor academic atmosphere;
c) membership in school gangs or development of friendships with the
wrong crowd;
d) lack of facilities for curricular and extra-curricular activities;
e) failure of teachers in character development of the students;
f) failure to actually finish school resulting to being out-of-school youths
with a lot of time to waste and do unproductive activities; and
g) failure to get gainful employment due to lack of sufficient education.
 ENVIRONMENT FACTOR
The culture, norms and behavior of the child’s surroundings 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.

a) rampant drug addiction;

b) vices such as gambling and drinking alcoholic beverages;
c) association with criminal groups or gangs; and
d) too much exposure to sex and violence in movies, television, print and
internet
HISTORY OF JUVENILE
JUSTICE
1. ENGLISH SYSTEM
- Poor laws
- Chancery Courts
2. AMERICAN SYSTEM
- Child saving movement
- New York House of Refuge
- Illinois Juvenile Court Act of 1899
- Juvenile Justice and Delinquency Prevention
Act of 1974
 ENGLISH SYSTEM
1. POOR LAWS
• (1535) - overseers placed destitute or neglected children with families who then
trained them in agricultural, trade or domestic services. this practice is called
indenture.
• (1601) - a system was created wherein church workers with the consent of
justice of the peace identified vagrant, delinquent and neglected children and
took measures to put them to work. These children were placed in workhouses
until their adulthood

2. CHANCERY COURTS
• They protected the property rights and welfare of minor children who could not
care for themselves.
• The courts dealt with issues of guardianship and the use and control of property
• The courts operated under the parens patriae philosophy which held that
children were under the protective control of the State.
 AMERICAN SYSTEM
1. CHILD SAVING MOVEMENT
- Middle-class civic leaders (child savers) develop organizations and groups to help alleviate the
burdens of the poor and immigrants by sponsoring shelter care for youths, educational and social
activities and the development of settlement houses.

2. New York House of Refuge (1825)

- created to protect indigent youths who were at risk to crime by taking them off the streets and
reforming them in a family-like environment.

3. Illinois Juvenile Court Act of 1899

- Established the first comprehensive juvenile court
- independent court to handle criminal law violations by children under sixteen (16) years of age as well
as to care for neglected, dependent, and wayward youths.
- separate juveniles from adult offenders and provide a legal framework in which juveniles could get
adequate care and custody

4. Juvenile Justice and Delinquency Prevention Act of 1974

- identify the needs of youths and to fund programs in the juvenile justice system
- Its main goal was to separate wayward, non-dangerous youths from institutions housing delinquents
and to remove adolescents from institutions housing adult offenders.
 DEFINITION OF TERMS
• JUVENILE COURT - has original jurisdiction over persons defined by statute as juveniles and alleged to be
delinquents or status offenders.

• CHILD IN NEED OF SUPERVISION (CHINS) - A term applied to status offenders adjudicated in juvenile court.

• BREED v. JONES (1975) - Case allowing second prosecution in adult court for conviction in juvenile court based
on idea that first conviction was a "civil" matter.

• CIVIL PROTECTION ORDER - A form of protective custody in which child welfare or police agencies order an
adult suspected of abuse to leave the home.

• DELINQUENCY PROCEEDING - Court action to officially declare someone a juvenile delinquent.

• DISPOSITION - Phase of delinquency proceeding similar to "sentencing" phase of adult trial. The judge must
consider alternative, innovative, and individualized sentences rather than imposing standard sentences.

• RESTITUTION - A disposition requiring a defendant to pay damages to a victim. The law prohibits making
restitution as a condition of receiving probation. Poor families cannot be deprived of probation simply because
they are too poor to afford restitution. Some States do not allow families to pay restitution.
 DEVELOPMENT OF JUVENILE
JUSTICE IN THE PHILIPPINES
1)PD 603 – Child and Youth Welfare Code
2)2) Ra 7610 – Anti-Child Abuse Law
3) RA 6809 – Law amending the Age of Majority
4) RA 8552 AND RA 8043 – Laws on Adoption
5) RA 9208 – Anti-Trafficking in Persons Act
6) RA 9231 – Law amending RA 7610 on Working Children
7) RA 9255 – Law on the Use of Father’s Surname of Illegitimate
Children
8) RA 9262 – Anti-Violence Against Women and their Children
9) RA 9523 – Law amending the Laws on Adoption
10) RA 9344 - Juvenile Justice and Welfare Act
11) RA 9775 – Anti-Child Pornography Act
 IMPORTANT PROVISIONS OF PD 603
PD 603 – THE CHILD AND YOUTH WELFARE CODE
- It was approved on 10 December 1974.
- Effectivity date was on 10 June 1975 (six months after approval)
- This law applies to persons under eighteen (18) years of age.

Art. 3. Rights of the Child.

Art. 4. Responsibilities of the Child.
Art. 17. Joint Parental Authority. –
ART. 3. RIGHTS OF THE CHILD
All children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex,
social status, religion, political antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as
generally accepted in medical parlance and has, therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care and understanding,
guidance and counseling, moral and material security. The dependent or abandoned child shall be provided
with the nearest substitute for a home.
(3) Every child has the right to a well-rounded development of his personality to the end that he may become a
happy, useful and active member of society. The gifted child shall be given opportunity and encouragement to
develop his special talents. The emotionally disturbed or socially maladjusted child shall be treated with
sympathy and understanding, and shall be entitled to treatment and competent care. The physically or
mentally handicapped child shall be given the treatment, education and care required by his particular
condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and
all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and
the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to the development of his skills
for the improvement of his capacity for service to himself and to his fellowmen.
ART. 3. RIGHTS OF THE CHILD
(7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual
as well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards, and other
conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development.
(9) Every child has the right to live in a community and a society that can offer him an environment free from
pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits
and attributes.
(10) Every child has the right to the care, assistance, and protection of the State particularly when his
parents or guardians fail or are unable to provide him with his fundamental needs for growth, development,
and improvement.
(11) Every 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.
(12) 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 determination to contribute his share in the building of a
better world.
ART. 4. RESPONSIBILITIES OF THE CHILD
Every child, regardless of the circumstances of his birth, sex, religion, social status, political antecedents
and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of
his elders and mentors, and the biddings of a clean conscience;
(2) Love, respect and obey his parents and cooperate with them in the strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, helpfulness, and endeavor with them to keep
the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education
suited to his abilities, in order that he may become an asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of our people, the memory of our heroes,
the duly constituted authorities, the laws of our country, and the principles and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind
that it is the youth who will eventually be called upon to discharge the responsibility of leadership in
shaping the nation’s future; and
(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the
fostering of cooperation among nations in the pursuit of their common aspirations for programs and
prosperity, and the furtherance of world peace.
 ART. 17. JOINT PARENTAL AUTHORITY
The father and mother shall exercise jointly just and reasonable
parental authority and responsibility over their legitimate or adopted
children.
In case of disagreement, the father’s decision shall prevail unless
there is a judicial order to the contrary.
In case of the absence or death of either parent, the present or
surviving parent shall continue to exercise parental authority over
such children, unless in case of the surviving parent’s remarriage,
the court, for justifiable reasons, appoints another person as
guardian.
In case of separation of his parents, no child under five years of
age shall be separated from his mother unless the court finds
compelling reasons to do so.
 TERMINOLOGIES
• PARENTAL AUTHORITY (PATRIA POTESTAS)
- It is 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
• UNFIT PARENT - A temporary or permanent termination of parental rights in the best interest
of the child usually for reasons of abandonment, abuse, or neglect, but also including mental
illness, addiction, or criminal record. Poverty alone and character flaws are prohibited by law
from being indicators of "unfitness".
• PARENTAL RESPONSIBILITY - It is the sum total of the duties and obligations of parents
over their minor children
• LIABILITIES OF PARENTS - Parents and guardians are responsible for the damage or injury
caused by the child under their parental authority.
• LEGAL CUSTODY - In case of separation of parents, no child under SEVEN (7) YEARS OF
AGE shall be separated from his mother unless the court decides otherwise.
• GUARDIANSHIP - It is a trust relation of the most sacred character in which one person
called a guardian acts for another called a ward who is regarded as incapable of managing
his own affairs
• SUBSTITUTE PARENTAL AUTHORITY - In case of absence or death of both parents,
substitute parental authority shall be given to the following, in order of priority:
1) grandparents;
2) oldest brother or sister at least 21 years of age; and
3) relative who has actual custody of the child/guardian duly appointed by the court.
• IN LOCO PARENTIS - Teachers, administrators, and babysitters who are viewed as
having some temporary parental rights & obligations.
• IN RE GAULT (1967) - (US)Case that determined the Constitution requires a
separate juvenile justice system with certain standard procedures and protections,
but still not as many as in adult systems.
• COMMENCEMENT OF CIVIL PERSONALITY - the civil personality of the child shall
commence from the moment of conception.
• CONCEPTION - It is the start of life. - It is the union of the sperm cell and the egg
cell. - It is also called the process of fertilization
• CIVIL PERSONALITY - It pertains to the identity and recognition of an individual as
person having rights. - It shall commence from the moment of conception and thus,
all children shall have the right to be born and the right to live.
• ILLEGITIMACY - Being born to unmarried parents. The law assumes legitimacy via
a married mother's husband, whether or not this is the true father. Illegitimacy status
limits inheritance rights.
• ABORTION - It is the expulsion of the fetus from the mother’s womb.
 KINDS OF ABORTION
1) CRIMINAL ABORTION
- It is classified as intentional or unintentional as provided in the
Revised Penal Code.
- It is punishable by law.

2) THERAPEUTIC ABORTION
- It is recommended and performed by a certified physician
when there are health risks and complications.
- It is not punishable by law
 SPECIAL CATEGORIES OF CHILDREN:
1) DEPENDENT
- One who is without a parent, guardian or custodian, or whose parents, guardian or other
custodian for good cause desire to be relieved of his care and custody and is dependent
upon the public for support.
1) ABANDONED
- One who had no proper parental care or guardianship or whose parents or guardians
have deserted him for a period of at least six consecutive months (PD 603).
- Refers to a child who has no proper parental care or guardianship or whose parents
have deserted him or her for a period of at least three (3) continuous months (RA 9523).
1) NEGLECTED
- One whose basic needs have been deliberately unattended or inadequately attended.
- A child is unattended when left by himself without provision for his needs and without
proper supervision.
a) Physical Neglect - malnourishment, untidy and damaged clothing, no shelter
b) Emotional Neglect - maltreated, raped, seduced, abused, exploited, made to work
under conditions not conducive to good health or placed in moral and physical danger
4) MENTALLY-RETARDED
- Socially incompetent, socially inadequate, occupationally incompetent and unable to manage
their own affairs
- Mentally sub-normal
- Retarded intellectually from birth or early age
- Retarded at maturity
- Mentally deficient as a result of constitutional origin through heredity or disease
- Essentially incurable
1. Custodial – (1-25 I.Q.)
2. Trainable – (25-50 I.Q.)
3. Educable – (50-75 I.Q.)
4. Borderline or Low Normal – (75-89 I.Q.)
5. Idiot – One whose mental condition is likened to a person 2 years old and below
6. Imbecile – Those whose mental condition is similar to that of age 2 to 7 years old.
7. Moron – One whose mental condition is similar to that of seven years of age and below.
5) PHYSICALLY-HANDICAPPED
- A crippled, deaf-mute, blind and other conditions which restrict their means of action
or communication with others.

6) EMOTIONALLY-DISTURBED
- Those who, although not afflicted with insanity or mental defect 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 experiences

7) MENTALLY-ILL
– Those with any behavioral disorder, whether functional or organic, which is of such a
degree of severity as to require professional help or hospitalization.

8) DISABLED
- Includes mentally-retarded, physically-handicapped, emotionally-disturbed and
mentally-ill children.
 IMPORTANT PROVISIONS OF THE
LAWS ON ADOPTION
• ADOPTION - It is an act by which relations of paternity and filiations are recognized as legally existing
between persons not so related by nature. It is the taking into one’s family of the child of another as son or
daughter and heir and conferring on it a title to the rights and privileges of such.
• FILIATION - The civil status of the child in relation to his parents.
• PATERNITY - The civil status of the child in relation to his father.
• MATERNITY - The civil status of the child in relation to his mother.
• MATERNAL PREFERENCE RULE - Legal doctrine granting mothers custodial preference after a divorce.
• STEPPARENT - A spouse of a biological parent who has no legal rights or duties to the child other than
those which have been voluntarily accepted.
• SURROGATE PARENT - A parent who provided an egg, sperm, or uterus with an intent of giving the child
up for adoption to specific parties.
• PSYCHOLOGICAL PARENT DOCTRINE - Legal doctrine granting custody to the parent whom the child
feels the greatest emotional attachment to.
• TENDER YEARS DOCTRINE - Legal doctrine that unless the mother is "unfit", very young children should
be placed in custody with their mother following a divorce.
• BIOLOGICAL CHILD - A natural-born child of the parents
• ADOPTED CHILD - A child who underwent the judicial process of adoption.
• FOUNDLING - Refers to a deserted or abandoned infant or child whose parents, guardian or relatives are
unknown.
 LEGAL CLASSIFICATIONS OF CHILDREN
• Legitimate – A child born during the marriage
• Illegitimate - A child born outside the marriage
• Legitimated – illegitimate child raises to the status of a legitimate
child by sequent marriage of his parents.
• ADOPTED - a person who is raised to the status of legitimacy
through adoption
 RA 8552 (DOMESTIC ADOPTION ACT OF 1998)
- It was approved on 25 February 1998
• ADOPTER - The person adopting or petitioning for the adoption of a child.
• ADOPTEE - The child or person being petitioned for adoption.
• CHILD LEGALLY AVAILABLE FOR ADOPTION
- A child who has been voluntarily or involuntarily committed to the DSWD or to a duly licensed and accredited
child placing or child-caring agency, freed of the parental authority of his or her biological parents or guardians
or adopter in case of rescission.
- 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
documents or one who was voluntarily committed by his or her parents or legal guardian (RA 9523).
• VOLUNTARILY-COMMITTED CHILD - One whose parents or legal guardian knowingly and wilfully
relinquished parental authority to the DSWD or any duly accredited child-placement or child caring agency or
institution
• CHILD-CARING AGENCY OR INSTITUTION - Refers to a private non-profit or government agency duly
accredited by the DSWD that provides twenty-four (24) hour residential care services for abandoned,
neglected, or voluntarily committed children (RA 9523).
• CHILD-PLACING AGENCY OR INSTITUTION - Refers to a private non-profit institution or government
agency duly accredited by the DSWD that receives and processes applicants to become foster or adoptive
parents and facilitate placement of children eligible for foster care or adoption.
Who may adopt?
1) Any Filipino citizen, of legal age and at least sixteen (16) years older than the
adoptee unless the adopter is the biological parent of the adoptee or is the spouse
of the adoptee’s biological parent
2) Any alien possessing the same qualifications as that of a Filipino citizen, who has
been living in the Philippines for at least three (3) consecutive years, and whose
country has diplomatic relations with the Philippines
Who may be adopted?
1) Any person below eighteen (18) years of age judicially declared available for
adoption
2) The legitimate son or daughter of one spouse by the other spouse.
3) An illegitimate son or daughter by a qualified adopter to improve his or her status to
that of legitimacy.
4) A person of legal age if prior to the adoption, said person has been consistently
considered and treated by the adopter as his or her own child since minority.
5) A child whose adoption has been previously rescinded.
6) A child whose biological or adoptive parents has died but proceedings may only be
initiated after six (6) months from the time of the death of the parents.
SUPERVISED TRIAL CUSTODY
- A period of time within which a social worker oversees the adjustment and emotional
readiness of both adopter and adoptee in stabilizing their filial relationship.
- The period is at least six (6) months.

RESCISSION OF ADOPTION
- The nullification of the adoption.
- Adoption shall not be subject to rescission by the adopter.

GROUNDS FOR RESCISSION OF ADOPTION

1) Repeated physical and verbal maltreatment by the adopter despite having
undergone counseling;
2) Attempt on the life of the adoptee;
3) Sexual assault or violence; or
4) Abandonment and failure to comply with parental obligations.
 RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995
It was approved on 7 June 1995.
INTER-COUNTRY ADOPTION
- It is the socio-legal process of adopting a Filipino child by a foreigner or a
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.
INTER-COUNTRY ADOPTION BOARD
- Acts as the central authority in matters relating to inter-country
adoption.
- It shall act as the policy-making body for purposes of carrying out the
provisions of RA 8043 in consultation and coordination with the DSWD.
- Headed by the Secretary of the DSWD as ex officio chairman and six
(6) members to be appointed by the President with a term of office of six
(6) years.
WHO MAY ADOPT:
1) Any alien or a Filipino citizen permanently residing abroad;
2) At least twenty-seven (27) years of age;
3) At least sixteen (16) years older than the adoptee unless the adopter is the
parent by nature of the adoptee or the spouse of such parent;
4) Coming from a country with whom the Philippines has diplomatic relations;
or
5) Possesses all the qualifications provided in other applicable Philippine laws.

WHERE TO FILE APPLICATION - It shall be filed either with:

a) the Philippine Regional Trial Court; or
b) the Inter-Country Adoption Board through an intermediate agency in the
country of the prospective adoptive parents.

SUPERVISED TRIAL CUSTODY - Shall be at least six (6) months

 IMPORTANT PROVISIONS OF RA 7610
RA 7610
– SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT
- It was approved on 17 June 1992.
- This law is also commonly referred to as the Anti-Child Abuse Act.

RA 7658
- It is an amendatory law to RA 7610
- It was approved on 9 November 1993.
- This law amended the provisions of RA 7610 regarding working children.
- This law was further amended by RA 9231.

CHILD ABUSE
- This refers to maltreatment of the child whether habitual or not.
 FORMS OF CHILD ABUSE
1) CRUELTY – It refers to any word or deed which debases, degrades or
demeans the intrinsic worth and dignity of the child as a human being.
2) PHYSICAL INJURY – It includes but is not limited to lacerations,
fractured bones, burns, internal injuries, severe injuries, or serious
bodily harm suffered by a child.
3) PSYCHOLOGICAL INJURY – It means harm to a child’s psychological
or intellectual functioning which may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior.
4) NEGLECT – It means failure to provide for reasons other than poverty,
the basic needs of the child such as food, clothing, medical care,
shelter and basic education.
5) SEXUAL ABUSE – It includes the employment, use, inducement or
coercion of a child to engage in sexual intercourse or lascivious
conduct, molestation, prostitution and/or incest with children.
 CHILD PROSTITUTION
- This refers to exploitation of children, whether male or female by coercing
them into indulging in sexual intercourse or lascivious conduct for money,
profit or any other consideration.

WHO ARE CRIMINALLY LIABLE FOR CHILD PROSTITUTION?

1) those who engage in or promote, facilitate or induce child prostitution, such
as:
• those acting as procurer of a child prostitute
• parents, guardians or relatives who knowingly allow or coerce their children or
ward into prostitution
2) those who commit the act of sexual intercourse or lascivious conduct with a
child exploited in child prostitution, such as clients of child prostitutes
3) those who derive profit or advantage therefrom, such as managers or
owners of the establishment where the prostitution takes place.
OBSCENE PUBLICATIONS AND INDECENT SHOWS - The use, hiring, employment
and coercing of children as performers, actors or models for obscene exhibitions and
indecent shows, whether live or in video or in printed pornographic materials.

CHILDREN AS ZONES OF PEACE

- Children shall not be the object of attack in situations of armed conflict.
- They shall be protected from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment.
- Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units, nor be allowed to take part in the fighting or be used
as guides, couriers or spies.
- Children shall be given priority during evacuation as a result of armed conflict.

CHILD PROTECTION ACTION - The filing of legal papers by a child welfare agency
when its investigation has turned up evidence of child abuse. This is a civil, rather than
criminal, charge designed to take preventive action (like appointment of a Guardian ad
litem) for at-risk children before abuse occurs.
 RA 9208 – ANTI-TRAFFICKING IN
PERSONS ACT OF 2003
approved on 26 May 2003
TRAFFICKING IN PERSONS
- It is the recruitment, transportation, transfer or harboring, or receipt of persons with or without the
victim’s 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 or receiving of payments or benefits
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.
- - The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in person” even if it does not involve any of the
means set forth in the preceding paragraph.

QUALIFIED TRAFFICKING IN PERSON

1) When the trafficked person is a child;
2) When the adoption is effected through RA 8043 and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage; or
3) When the offender is an ascendant, parent, sibling, guardian or a person who exercised
authority over the trafficked person or when the offense is committed by a public officer or
employee.
FORCED LABOR AND SLAVERY - Refer to the 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.

SEX TOURISM - This refers to a program organized by travel and tourism related
establishments and individuals which consist of tourism packages or activities, utilizing
and offering escort and sexual services as enticement for tourists.

PORNOGRAPHY - It 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 of a person primarily for sexual purposes.

DEBT BONDAGE - It 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 a debt.
 IMPORTANT PROVISIONS OF RA 9231
RA 9231
- It is the law prohibiting the worst forms of child labor
- It is an amendatory law to RA 7160 and RA 7658
- It amended the provisions of RA 7160 regarding working children
- It was approved on 19 December 2003

Children below fifteen (15) years of age shall not be employed, except:
1) When a child works directly under 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 (DOLE)
- It is the duty of the employer to submit to the DOLE a report of all children employed by
him.
- If a domestic is under sixteen (16) years of age, the head of the family shall give him or
her an opportunity to complete at least elementary education, the cost of which shall be
a part of the domestic’s compensation.
WORK PERMIT OF WORKING CHILDREN - It shall be the duty of the employer to secure permit from the DOLE of working
children employed by him.
EMPLOYMENT CONTRACT OF WORKING CHILDREN - The contract shall be signed by the working child’s parent or legal
guardian with the express agreement of the child.
WORKING HOURS
If the child is under 15:
- He/She may work for a maximum of four (4) hours a day, twenty (20) hours a week.
- He/She may work between six o’clock in the morning to eight o’clock in the evening (6am to 8pm).
If the child is 15 but under 18:
- He/She may work for a maximum of eight (8) hours a day, forty (40) hours a week.
- He/She may work between six o’clock in the morning to ten o’clock in the evening (6am to 10pm).

PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN ADVERTISEMENTS - No child shall be employed as a

model in any advertisement directly or indirectly promoting the following:
a) alcoholic beverages;
b) intoxicating drinks;
c) tobacco and cigarettes;
d) gambling; or
e) any form of violence or pornography.
 RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004
- It was approved on 8 March 2004.

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

- This refers to any act or a series of 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
relations or 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.
PHYSICAL VIOLENCE - It refers to acts that include bodily or physical
harm.
SEXUAL VIOLENCE - It refers to an act which is sexual in nature
committed against a woman or her child.
PSYCHOLOGICAL VIOLENCE - It refers to acts or omissions causing or
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.
ECONOMIC ABUSE - It refers to acts that make or attempt to make a
woman financially dependent
BATTERY - It refers to an act of inflicting physical harm upon the woman
or her child resulting to the physical and psychological or emotional
distress.
STALKING - It refers to an intentional act committed by a person who
knowingly and without lawful justification follows the woman or her child or
 PHILIPPINE JUVENILE JUSTICE
SYSTEM
RA 9344
– the JUVENILE JUSTICE AND WELFARE ACT OF 2006 - It
was approved on 28 April 2006.
- It became effective on 20 May 2006.
- It repealed the provisions of the Revised Penal Code and
Presidential Decree No 603 on minor offenders.
 IMPORTANT TERMS INTRODUCED BY RA 9344
BEST INTEREST OF THE CHILD refers to the totality of the circumstances and conditions which are most
congenial to the survival, protection and feelings of security of the child and most encouraging to the child’s
physical, psychological and emotional development. It also means the least detrimental available alternative for
safeguarding the growth and development of the child.
CHILD - refers to a person under the age of eighteen (18) years
CHILD AT RISK - refers to a child who is vulnerable to and at the risk of committing criminal offenses because of
personal, family and social circumstances, such as, but not limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental, economic or any other means
and the parents or guardian refuse, are unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be
found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
JUVENILE JUSTICE AND WELFARE SYSTEM - It 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.
RESTORATIVE JUSTICE - It 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 obtain
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. It also enhances
public safety by activating the offender, the victim and the community in prevention strategies.
CHILD IN CONFLICT WITH THE LAW (CICL)- This refers to a child who is alleged as, accused
of, or adjudged as, having committed an offense under Philippine laws.
INITIAL CONTACT WITH THE CHILD - It refers to the apprehension or taking into custody ]of a
child in conflict with the law by law enforcement officers or private citizens.
INTERVENTION - It refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It 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.
COMMUNITY-BASED PROGRAMS - Refer to the programs provided in a community setting
developed for purposes of intervention and diversion as well as rehabilitation of the child in
conflict with the law, for reintegration into his/her family and/or community.
DIVERSION - It 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 or educational background
without resorting to formal court proceedings.
DIVERSION PROGRAM - It 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.
YOUTH DETENTION HOME - This refers to a 24-hour child-caring institution
managed by accredited local government units (LGU) and licensed and/or
accredited non-governmental organizations (NGO’s) providing short-term
residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.
YOUTH REHABILITATION CENTER - This refers to a 24-hour residential care
facility managed by the DSWD, local government units, licensed or accredited
non-governmental organizations monitored by the DSWD which provides care,
treatment and rehabilitation services for children in conflict with the law.
RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW
1) the right not to be imposed a sentence of capital punishment or life imprisonment;
2) the right to be detained or imprisoned as a disposition of last resort which shall be for the
shortest appropriate period of time;
3) the right to be separated from adult offenders at all times: during detention, while being
transported to and from the court and while waiting for the hearing.
4) the right to be detained only with other detainees of the same sex, if detention is necessary;
5) the right to be searched only by a law enforcement officer of the same gender;
6) the right not to be handcuffed when such is not necessary;
7) the right to have his parents or guardians present;
8) the right to diversion if he or she is qualified and voluntarily avails of the same;
9) the right to AUTOMATIC SUSPENSION OF SENTENCE;
10) the right to probation as an alternative to imprisonment if qualified under the Probation Law;
and
11) the right to have the records and proceedings involving him be considered PRIVILEGED
AND CONFIDENTIAL.
MINIMUM AGE OF CRIMINAL RESPONSIBILITY
- A child FIFTEEN (15) YEARS OF AGE OR UNDER at the time of the commission of the offense shall be “EXEMPT”
from CRIMINAL LIABILITY but he shall undergo INTERVENTION PROGRAM.
- A child “ABOVE” FIFTEEN (15) YEARS OF AGE “BUT BELOW” EIGHTEEN (18) YEARS OF AGE shall likewise be
“EXEMPT” from CRIMINAL LIABILITY if he or she acted WITHOUT DISCERNMENT but he shall undergo
INTERVENTION PROGRAM
Note: they are exempted only from criminal liability and not from civil liability.
- A child “ABOVE” FIFTEEN (15) YEARS OF AGE “BUT BELOW EIGHTEEN” (18) YEARS OF AGE who acted WITH
DISCERNMENT shall be subjected to the DIVERSION PROCEEDINGS and shall undergo DIVERSION PROGRAM,
“if qualified”.
- 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”.

TREATMENT OF CHILD BELOW THE AGE OF CRIMINAL RESPONSIBILITY

- It shall be the duty of the law enforcement officer to determine the age of the child apprehended.
- If the child apprehended is FIFTEEN (15) YEARS OLD OR BELOW, the law enforcement officer MUST RELEASE
THE CHILD TO THE CUSTODY OF HIS OR HER PARENTS OR GUARDIANS OR THE CHILD’S NEAREST
RELATIVE.
- It shall also be the duty of the law enforcement officer to give notice to the local social welfare and development
officer as to the apprehension of the child in conflict with the law.
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
- It shall be instituted in local government units from the barangay to the provincial
levels.
- It shall include community-based programs on juvenile justice and welfare.

COMMUNITY-BASED PROGRAMS ON JUVENILE JUSTICE AND WELFARE

- These shall be instituted by the local government units through the school, youth
organizations and other concerned agencies.
- These shall respond to the special needs, problems, interests and concerns of
children and which offer appropriate counseling and guidance to them and their
families
- These programs shall consist of three (3) levels:
1) PRIMARY INTERVENTION - It includes general measures to promote social justice
and equal opportunity which tackle perceived root causes of offending.
2) SECONDARY INTERVENTION - It includes measures to assist children at risk.
3) TERTIARY INTERVENTION - It includes measures to avoid unnecessary contact
with the formal justice system and other measures to prevent re-offending.
SYSTEM OF DIVERSION
- Children in conflict with the law shall undergo diversion proceedings subject to the following
conditions:
1) the imposable penalty for the crime committed is NOT MORE THAN SIX (6) YEARS
IMPRISONMENT
2) in victimless crimes, the imposable penalty is NOT MORE THAN SIX (6) YEARS
IMPRISONMENT
3) in cases where the imposable penalty exceeds six (6) years, diversion measures may be
resorted to only by the court.
- The diversion proceedings shall be completed within FORTY-FIVE (45) DAYS

CONTRACT OF DIVERSION
- It must be signed by the child’s parents or guardian and the authorities concerned.
- It 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 agree to the diversion program.
PROSECUTION - A CICL shall undergo prosecution if:
1) he is not qualified for diversion;
2) he is qualified for diversion but he or his parents or guardian does not agree to diversion; or
3) diversion is not appropriate for the child in conflict with the law based on the social worker’s
recommendations.

CONDUCT OF PRELIMINARY INVESTIGATION

- 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 within FORTY-FIVE DAYS from
the start of the preliminary investigation.

COURT PROCEEDINGS - 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; or
3) if the child is to be detained, the transfer of the child to a youth detention home
Note: Detention of the child shall be ordered only as a last resort
AUTOMATIC SUSPENSION OF SENTENCE
- 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.

DISCHARGE OF THE CHILD IN CONFLICT WITH THE LAW

- 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.

RETURN OF THE CHILD IN CONFLICT WITH THE LAW TO COURT

- 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 JUDGMENT.
PROBATION
- 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.

OFFENSES NOT APPLICABLE TO CHILDREN

- 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; and
3) sniffing of rugby under PD 1619.
 EARLY STAGES OF DELINQUENCY
PREVENTION
1. HOME-BASED PROGRAMS - Programs which involve the
provision of support for families. A supportive & loving home
environment, parents care for their children’s health and general
well-being.
2. PARENTING SKILLS PROGRAM - Main focus is on parent
training programs with the objective of improving parenting skills
and to improve the parent-child bond.
3. DAY CARE PROGRAMS - Programs designed to working parents.
These programs afford children a number of benefits which
includes social interaction and stimulation of cognitive, sensory
and motor control skills.
4. PRE-SCHOOL PROGRAMS - Geared more toward preparing
children for school. Usually children ages 3-5 considered as the
formative years of brain development.
 REPUBLIC ACT NO 10630
- It amended certain provisions of Republic Act 9344
- It renamed RA 9344 into An Act Establishing a Comprehensive
Juvenile Justice and Welfare system, Creating the Juvenile
Justice and Welfare Council under the Department of Social
Welfare and Development, Appropriating Funds Therefor, and
for Other Purposes
- It transferred the administrative supervision of the Juvenile Justice
and Welfare Council (JJWC) from the Department of Justice (DOJ)
to the Department of Social Welfare and Development (DSWD)
- It also provided for the creation of the Regional Juvenile Justice
and Welfare Council (RJJWC) in each region.
- It mandates the establishment of Bahay Pag-Asa and provides for
its definition.
BAHAY PAGASA
- It refers to a 24-hour child-caring institution established, funded and managed by local
government units (LGUs) and licensed and/or accredited non-government organizations
(NGOs) 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
of their cases or transfer to other agencies or jurisdiction.
- It shall be operated by a multi-disciplinary team composed of a social worker, a psychologist
or mental health professional, a medical doctor, an educational or guidance counselor and a
member of a Barangay Council for the Protection of Children (BCPC).
- It shall be the responsibility of the local government units of every province and highly-
urbanized cities to build, fund and operate a Bahay Pag-asa within their jurisdiction. - Every
Bahay Pag-asa must have a special facility called the Intensive Juvenile Intervention and
Support Center.

Note: Only CICL whose ages range from above fifteen (15) but below eighteen (18) can be
admitted to Bahay Pag-asa.
Exemption to the rule: Even if the CICL is fifteen (15) years old or below, he may also be
admitted to Bahay Pag-Asa if the social worker believes that it is what is best for the child.
- The minimum age for CICL that can be taken into the Bahay Pag-asa is twelve (12) years old.
SERIOUS CRIMES COMMITTED BY CICL
Crimes classified as serious crimes by RA 10630: Note:
1) parricide; - It provides that a child who is above twelve (12) years
of age up to fifteen (15) years of age who committed
2) murder;
any of the crimes classified as serious crime shall be
3) infanticide; deemed a neglected child and shall be mandatorily
placed in Bahay Pag-asa under IJISC or Intensive
4) kidnapping and serious illegal detention where the
Juvenile Intervention and Support Center (Section 20-
victim is killed or raped;
A of RA 10630.
5) robbery with homicide;
- CICL whose age is above twelve (12) but below fifteen
6) robbery with rape; (15) who will commit a serious crime must be taken to
Bahay Pag-asa instead despite being exempted from
7) destructive arson; criminal liability.
8) rape;
9) carnapping where the driver or occupant is killed or
raped; and
10) offenses under Republic Act No 9165 or the
Comprehensive Dangerous Drugs Act of 2002 that
are punishable by more than twelve (12) years of
imprisonment.
REPETITION OF OFFENSES
- A CICL whose age is above twelve (12) up to fifteen (15) years old
who had already been subjected to a community-based
intervention program for a commission of a crime and who would
again commit another crime shall also be deemed as a neglected
child and shall be mandatorily placed in Bahay Pag-asa to
undergo an intensive intervention program supervised by the
DSWD (Section 20-B of RA 10630).
EXPLOITATION OF CHILDREN FOR COMMISSION OF CRIMES
- Any person who shall abuse his authority over a child, or who shall
induce, threaten or instigate a child to commit a crime, is punishable
for the crime committed by the child and the penalty to be imposed
shall be the maximum penalty provided by law (Section 20-C of RA
10630)
VIOLATIONS OF LOCAL ORDINANCES
- Section 57-A of RA 10630 exempts
children from punishment for the 10)public intoxication;
following violations of city or municipal
ordinances: 11)criminal nuisance;
1) curfew; 12)vandalism;
2) truancy;
13)gambling;
3) parental disobedience;
4) smoking; 14)mendicancy;
5) drinking; 15)littering;
6) disorderly conduct;
7) public scandal; 16)public urination; and
8) harassment; 17)trespassing.
9) drunkenness;
- A child who violates any city or municipal ordinance related to the
enumerated acts above shall be exempt from criminal liability but
an appropriate intervention program will be provided for him.
- In this particular instance, children who shall be caught violating
city or municipal ordinances will not be called children in conflict
with the law, instead, they will be referred to as child at risk in all
official documents and records.
 STRATEGIES OF DELINQUENCY
PREVENTION
1. GENERAL DETERRENCE - Concept holds that the choice to
commit a delinquent act is structured by the threat and
punishment. Kids believe that their illegal behavior will result
in apprehension and severe punishment thus, most will be
deterred to commit crimes.
2. SPECIFIC DETERRENCE - Holds that if offenders are
punished severely, the experience will convince them not to
repeat their illegal acts.
3. SITUATIONAL DETERRENCE - Rather than deterring or
punishing individuals in order to reduce delinquency rates,
situation prevention strategies aim to reduce the opportunities
for people to commit particular crimes.
 EFFECTIVE DELINQUENCY PREVENTION
1. EDUCATIONAL MODEL - programs that assist families and children by providing them
information and let them be aware on the effects and consequences of drugs, gangs, sex and
weapons.
2. COMMUNITY INVOLVEMENT - Involvement in community groups provide youth with an
opportunity to interact in a safe social environment. Ex. girl scout, boy scout, church youth
group, etc.
3. PARENT-CHILD INTERACTION - program that places parents and children in interactive
situation. It has been shown to reduce hyperactivity, attention deficit, aggression and anxious
behavior in children.
4. BULLYING PREVENTION - Individual bullies and victims receive independent counseling in
order to discourage future commission of an offense.
5. INTERVENTION ASSISTANCE - a youth entering the juvenile justice system has the
opportunity to receive intervention assistance from the government. A youth may receive drug
rehabilitation assistance, counseling and educational opportunities.
6. YOUTH INSTITUTION - Program which gears toward restoring delinquent youth, designed to
assist youthful offenders by providing them with the help they need to change their behavior.
7. ENDING REPEAT OFFENSES - out of the facility, youths face the challenge of readjusting to
“free life”. They must create a pattern of life separate from criminal activity.
8. FUNCTIONAL FAMILY THERAPY - Family therapist works with the family and helps
individual members see how they can positively motivate change in their home.
THANK YOU <3