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MODULE 6 : SOCIOLOGY OF CRIME AND ETHICS

SUBJECT : JUVENILE DELINQUENCY (CRIMINOLOGY 4)
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JUVENILE DELINQUENCY
- an anti-social behavior or act which does not conform
with the standards of society
- youth behavior which is against the norms and
regulations of society which if left unchecked would
give rise to criminality
- describes a large number of disapproved behavior of
children or youth
- anti-social acts or behavior of children which deviate
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 measures in the public
interest

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
- persons below the age of majority, that is, below
eighteen years old

AGE OF MAJORITY
- majority commences at the age of eighteen (18) years

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

RA 6809
- the law amending the age of majority
- lowered the age of majority from twenty-one (21) to
eighteen (18) years
- approved on 13 December 1989

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
- one who has committed an offense that violated the
approved norms of conduct and is guilty of a misdeed
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STATUS OFFENSE
- 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

ANTI-SOCIAL BEHAVIOR
- characterized by disobedience to, or disrespect for,
authorities

PARENS PATRIAE (“father of the country”)

- the 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
- views minor who violate the laws as victims of
improper care, custody and treatment at home
- assumption by the State of the role of guardian over
children whose parents are deemed incapable or
unworthy
- the authority of the state to act on behalf of the
children

DIFFERENT APPROACHES IN THE STUDY OF DELINQUENCY

1) BIOGENIC APPROACH
- gives an explanation that law violations and
delinquency are a result of some physical defects

2) PSYCHOGENIC APPROACH
- argues that the critical factors in delinquency are
personality problems to which misbehavior is presumed
to be the response

3) SOCIOGENIC APPROACH
- attributes delinquency pattern to social structures
- views youthful misdeed as a result of a learning
process through interactions with other members of
society
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DIFFERENT THEORIES CONCERNING DELINQUENCY

CHOICE THEORY
- 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
- 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

- based on the view that both thought and behavior have
biological and social bases
- contemporary explanation of the biogenic approach
- has three sub-theories: biochemical, neurological and
genetics

1) BIOCHEMICAL
- views that crime and delinquency, especially violence,
are the result of diet, vitamin intake, hormonal
imbalance and other biological causes

2) NEUROLOGICAL
- explains that crime and delinquency occur because the
individual suffers from brain impairment or
abnormality in the structure of the brain
- learning disabilities such as attention
deficit/hyperactive disorder and minimum brain
dysfunction are related to antisocial behavior

3) GENETIC
- explains that delinquent traits and predisposition to
criminality are inherited from parents
- criminality of parents can predict delinquency of
children
- supported by research on twin studies and adoption
studies

PSYCHOLOGICAL THEORIES
- views delinquency as a result of emotional and mental
disturbance of the individual
- contemporary explanation of the psychogenic approach
- has three sub-theories: psychodynamic, behavioral and
cognitive
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 1) PSYCHODYNAMIC THEORY
- 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

2) BEHAVIORAL THEORY
- believes that individuals learn by observing how
people react to their behavior
- behavior is reinforced by some positive reaction, and
behavior is extinguished if punished
- misbehavior of children if left unchecked will persist
until adolescence

3) COGNITIVE THEORY
- views that delinquency is a result of the faulty
perception and analysis of data of an individual
- delinquency-prone adolescents may have cognitive
deficits and use information incorrectly when they
make decisions

SOCIOLOGICAL THEORIES
- views delinquency as a product of the different social
factors and dynamics
- has four groups of theories which in turn contain
several sub-theories: social structure theories,
social process theories, social reaction theories and
social conflict theories

1) SOCIAL STRUCTURE THEORIES

- hold that delinquency is a function of a person’s
place in the economic structure

2) SOCIAL PROCESS THEORIES

- view delinquency as a result of poor or faulty
socialization or upbringing

3) SOCIAL REACTION THEORIES

- view delinquent acts and criminality as products of
stigma and labeling

4) SOCIAL CONTROL THEORIES

- maintain that everyone has the potential to become a
criminal but most people are controlled by their bonds
to society
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CONTRIBUTORY FACTORS IN JUVENILE DELINQUENCY

1) FAMILY
- 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
- 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

TYPES OF FAMILY STRUCTURE:

1) NUCLEAR FAMILY
- consists of father, mother and children
2) EXTENDED FAMILY
- consists of father, mother, children,
grandparents, uncles and aunts, cousins,
nephews and niences, and in-laws

Ideally, a home must have the following:

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

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
i) unfavorable parental example
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2) SCHOOL
- considered the second home of a child, with teachers as
the second parents
- 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

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
g) failure to get gainful employment due to lack of
sufficient education

3) ENVIRONMENT
- 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

Some of the behavior modification by means of

imitation as brought about by environmental influence:
a) rampant drug addiction
b) vices such as gambling and drinking alcoholic
beverages
c) association with criminal groups or gangs
d) too much exposure to sex and violence in movies,
television, print and internet

HISTORY OF JUVENILE JUSTICE

The modern practice of legally separating adult and

juvenile offenders can be traced back to two developments in
English custom and law that occurred centuries ago: the
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development of POOR LAWS and the creation of the English
CHANCERY COURTS. Both were designed to allow the state to
take control of the lives of needy but not necessarily
criminal children. This system was brought to the United
States where it was developed further until later it became
the basis of the juvenile justice system in the Philippines.

ENGLISH SYSTEM

POOR LAWS
- in 1535, statutes which mandated the appointed of
overseers who placed destitute or neglected children
with families who then trained them in agricultural,
trade or domestic services; this practice is called
indenture
- in 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

CHANCERY COURTS
- 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
- the practice of indenture and chancery courts in
England were adopted by the states of Virginia,
Connecticut and Massachusetts, however, those youths
who committed serious criminal offenses continued to
be tried in the same courts as adults
- middle-class civic leaders, who referred to themselves
as CHILD SAVERS began to 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; this was called the CHILD SAVING
MOVEMENT
- they are responsible for creating a number of programs
for indigent youths, including the New York House of
Refuge, a reformatory, which began operations in 1825
- the House of Refuge was created to protect indigent
youths who were at risk to crime by taking them off
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 the streets and reforming them in a family-like
environment
- the first comprehensive juvenile court was established
in Illinois in 1899 through the passage of the
Illinois Juvenile Court Act of 1899 which set up an
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
- the purpose of the act was to separate juveniles from
adult offenders and provide a legal framework in
which juveniles could get adequate care and custody
- Congress passed the Juvenile Justice and Delinquency
Prevention Act of 1974 to 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

JUVENILE COURT
- a court that has original jurisdiction over persons
defined by statute as juveniles and alleged to be
delinquents or status offenders

DEVELOPMENT OF JUVENILE JUSTICE IN THE PHILIPPINES

1) PD 603 – Child and Youth Welfare Code
2) RA 6809 – law amending the age of majority
3) Exec Order 209 – the Family Code of the Philippines
4) RA 7610 – Anti-Child Abuse Law
5) RA 8552 – Domestic Adoption Act
6) RA 8043 – Inter-Country Adoption Act
7) RA 9208 – Anti-Trafficking in Persons Act
8) RA 9231 – law amending RA 7610 on working children
9) RA 9255 – law on the use of father’s surname of
illegitimate children
10)RA 9262 – Anti-Violence Against Women and their
Children Act
11)RA 9523 – law amending the laws on adoption
12)RA 9344 - Juvenile Justice and Welfare Act
13)RA 9775 – Anti-Child Pornography Act
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IMPORTANT PROVISIONS OF PD 603

PD 603 – THE CHILD AND YOUTH WELFARE CODE

- approved on 10 December 1974
- effectivity date is 10 June 1975 (six months after
approval)
- shall apply to persons under eighteen (18) years of
age

PARENTAL AUTHORITY (PATRIA POTESTAS)

- 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 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
- 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

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
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 2) oldest brother or sister at least 21 years of age
3) relative who has actual custody of the
child/guardian duly appointed by the court

COMMENCEMENT OF CIVIL PERSONALITY

- the CIVIL PERSONALITY of the child shall commence from
the MOMENT OF CONCEPTION

CONCEPTION
- the start of life
- the union of the sperm cell and the egg cell
- also called the process of fertilization

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 shall have the right to be born and the right
to live

ABORTION
- the expulsion of the fetus from the mother’s womb

KINDS OF ABORTION

1) CRIMINAL ABORTION
- classified as intentional or unintentional as provided
by the Revised Penal Code
- punishable by law

2) THERAPEUTIC ABORTION
- recommended and performed by a certified physician
when there are health risks and complications
- not punishable by law

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

2) 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
27
 her for a period of at least three (3) continuous
months (RA 9523

3) 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
- neglect may occur in two ways:
a) physical neglect
o Malnourishment, untidy and damaged clothing, no
shelter
b) emotional neglect
o 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

5) PHYSICALLY-HANDICAPPED
- 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
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IMPORTANT PROVISIONS OF THE LAWS ON ADOPTION

ADOPTION
- an act by which relations of paternity and filiations
are recognized as legally existing between persons not
so related by nature
- 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 acknowledgment of the father of his relationship
with the child
- also called paternity

BIOLOGICAL CHILD
- 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

RA 8552 – DOMESTIC ADOPTION ACT OF 1998

- 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
27
 documents, or one who was voluntarily committed by his
or her parents or legal guardian (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 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 declared
legally 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
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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
4) abandonment and failure to comply with parental
obligations

RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995

- approved on 7 June 1995

INTER-COUNTRY ADOPTION
- 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
- 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
5) possesses all the qualifications provided in other
applicable Philippine laws

WHO MAY BE ADOPTED:

- a Filipino child legally declared available for
adoption whose age is below fifteen (15) years old

WHERE TO FILE APPLICATION

- shall be filed either with:
a) the Philippine Regional Trial Court; or
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 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 9523

RA 9523 – the law giving DSWD the sole authority to issue the
certification declaring a child legally available for adoption
- amended provisions of RA 8552 and RA 8043
- approved on 12 March 2009
-
IMPORTANT PROVISIONS OF RA 7610

RA 7610 – SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,

EXPLOITATION AND DISCRIMINATION ACT
- approved on 17 June 1992
- this law is also commonly referred to as the Anti-
Child Abuse Act

RA 7658 – amendatory law to RA 7610

- 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
- refers to maltreatment, whether habitual or not, of
the child

FORMS OF CHILD ABUSE

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 a
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 reasons other
than poverty, the basic needs of the child, such as food,
clothing, medical care, shelter and basic education
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 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

CHILD PROSTITUTION
- 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:
a) those acting as procurer of a child prostitute
b) 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:
a) clients of child prostitutes
3) those who derive profit or advantage there from, such as:
a) 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
used as guides, couriers or spies
- children shall be given priority during evacuation as
a result of armed conflict
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IMPORTANT PROVISIONS OF RA 9208

RA 9208 – ANTI-TRAFFICKING IN PERSONS ACT OF 2003

- approved on 26 May 2003

TRAFFICKING IN PERSONS
- 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;
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

- refers 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
- refers to a program organized by travel and tourism
related establishments and individuals which consist
27
 of tourism packages or activities, utilizing and
offering escort and sexual services as enticement for
tourists

PORNOGRAPHY
- 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 for primarily sexual purposes

DEBT BONDAGE
- 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

IMPORTANT PROVISIONS OF RA 9231

RA 9231 - the law prohibiting the worst forms of child

labor
- amendatory law to RA 7160 and RA 7658
- amended the provisions of RA 7160 regarding working
children
- 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
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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:

- may work for maximum of four (4) hours a day, twenty
(20) hours a week
- 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:

- may work for maximum of eight (8) hours a day, forty
(40) hours a week
- 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
e) any form of violence or pornography

IMPORTANT PROVISIONS OF RA 9262

RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

OF 2004
- approved on 8 March 2004

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

- 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
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 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
- 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
- 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
- refers to acts that make or attempt to make a woman
financially dependent

BATTERY
- 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

PHILIPPINE JUVENILE JUSTICE SYSTEM

RA 9344 – the JUVENILE JUSTICE AND WELFARE ACT OF 2006

- approved on 28 April 2006
- became effective on 20 May 2006
- repealed the provisions of the Revised Penal Code and
Presidential Decree No 603 on minor offenders

IMPORTANT TERMS INTRODUCED BY RA 9344

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JUVENILE JUSTICE AND WELFARE SYSTEM
- 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
- 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

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

CHILD IN CONFLICT WITH THE LAW

- 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

- refers to the apprehension or taking into custody of a
child in conflict with the law by law enforcement
officers or private citizens

INTERVENTION
- 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

DIVERSION
- 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
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 her social, cultural, economic, psychological or
educational background without resorting to formal
court proceedings

DIVERSION PROGRAM
- 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

- refers to a 24-hour child-caring institution managed
by accredited local government units and licensed
and/or accredited non-governmental organizations
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

- 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
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 10) the right to probation as an alternative to
imprisonment, if qualified under the Probation Law
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
- however, 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

- shall be instituted in local government units from the
barangay to the provincial levels
- shall include community-based programs on juvenile
justice and welfare

COMMUNITY-BASED PROGRAMS ON JUVENILE JUSTICE AND WELFARE

- shall be instituted by the local government units
through the school, youth organizations, and other
concerned agencies
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 - shall respond to the special needs, problems,
interests and concerns of children and which offer
appropriate counseling and guidance to them and their
families

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
- 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 or guardian
and the authorities concerned

PROSECUTION
- 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 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

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
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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
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

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:
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 1) vagrancy and prostitution under the Revised Penal
Code
2) mendicancy under PD No 1563
3) sniffing of rugby under PD 1619

IMPORTANT PROVISIONS OF RA 9775

REPUBLIC ACT 9775 – the ANTI-CHILD PORNOGRAPHY ACT OF 2009

- approved on 17 November 2009
- the law that amended the provisions of RA 7610 on obscene
publications and indecent shows
- it aims to protect every child from all forms of
exploitation and abuse through the use of a child in
pornographic performances and materials and the
inducement or coercion of a child to engage or to be
involved in pornography

CHILD PORNOGRAPHY
- refers to any representation, whether visual, audio or
written combination thereof, by electronic, mechanical,
digital, optical, magnetic or any other means, of child
engaged or involved in real or simulated explicit sexual
activities

SYNDICATED CHILD PORNOGRAPHY

- committed if carried out by a group of three (3) or more
persons conspiring or confederating with one another

EXPLICIT SEXUAL ACTIVITIES

- refer to any of the following acts, whether actual or
simulated:
1) sexual intercourse, whether with the same sex or
opposite sex;
2) lascivious conduct, whether with the same sex or
opposite sex;
3) bestiality;
4) masturbation;
5) sadistic or masochistic abuse;
6) lascivious exhibition of the genitals, buttocks,
breasts, pubic area and/or anus; or
7) use of any object or instrument for lascivious acts.

UNLAWFUL OR PROHIBITED ACTS:

a) To hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of any
form of child pornography;
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b) To produce, direct, manufacture or create any form of
child pornography;
c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import any
form of child pornography;
d) To possess any form of child pornography with the
intent to sell, distribute, publish, or
broadcast: Provided, That possession of three
(3) or more articles of child pornography of the
same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast;
e) To knowingly, willfully and intentionally provide a
venue for the commission of prohibited acts as, but
not limited to, dens, private rooms, cubicles,
cinemas, houses or in establishments purporting to
be a legitimate business;
f) For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with
other entities, to distribute any form of child
pornography;
g) For a parent, legal guardian or person having
custody or control of a child to knowingly permit the
child to engage, participate or assist in any form of
child pornography;
h) To engage in the luring or grooming of a child;
i) To engage in pandering of any form of child pornography;
j) To willfully access any form of child pornography;
k) To conspire to commit any of the prohibited acts
stated in this section. Conspiracy to commit any form of
child pornography shall be committed when two (2) or more
persons come to an agreement concerning the
commission of any of the said prohibited acts and
decide to commit it; and
l) To possess any form of child pornography.

==============================================================
==

Compiled from different sources by:

JAMILLA GAY L ASALAN

Cum Laude, BS Criminology, 2003, Emilio Aguinaldo College-
Manila
1st Place, PRC Criminologist Licensure Examination, March 2004
Full-time Faculty, Philippine College of Criminology

Date Printed:
January 2013
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