Module 4: P.D.

603 (The Child and Youth Welfare Code)

Module Title: P.D. 603 (The Child and Youth Welfare Code)
Course Title: Juvenile Delinquency and Juvenile Justice System
Course Number: CRM 215
Total Learning Time: 12 hours
Prerequisites: None

Overview
This module presents the P.D. 603 (The Child and Youth Welfare Code). It’s also discussed the Child and Youth Welfare and
Education as well as the Role of the Different Sectors in Juvenila Delinquency such as the Home, School, Church and
Community.

Lesson Outcomes
At the end of this module, the students must have:
1. Familiarized the current juvenile justice system in the country.
2. Expounded on the role of the different sectors in juvenile delinquency prevention
3. Acquired knowledge on delinquency prevention and take part in the efforts to solve the problem.

Indicative Content
P.D. 603 (The Child and Youth Welfare Code)
 The Child
 The Parents
 Child and Youth Welfare and Education
 The Home and the School
 Child and Youth Welfare and the Church
 Child and Youth Welfare and the Community
 Community Bodies Dealing with Child Welfare
 Child and Youth Welfare and the Samahan
 Child and Youth Welfare and the State

Let’s Discuss
JUSTICE SYSTEM AND ITS LEGAL
The Philippine Juvenile Justice System is anchored on several laws. These are P.D. 603 (The Child and Youth Welfare Code),
R.A. 7610 (Special Protection of Children against Child Abuse, Exploitation and Discrimination), and R.A. 9344 (An Act
Establishing a Comprehensive Juvenile Justice and Welfare System). It is imperative for law enforcers and other agencies
concerned to be acquainted with the provisions of these laws for them to be properly guided in their implementation.

P.D. 603 (The Child and Youth Welfare Code)

The Child and Youth Welfare Code shall apply to all persons below 18 years of age, as amended by Republic Act No. 6809 (An
Act lowering the age of majority from 21 to 18 years amending for the purpose E.O. No. 209, and for other purposes.), except
those emancipated in accordance with law. "Child" or "minor" or "youth" as used in this Code, shall refer to such persons.

THE CHILD
The child is one of the most important assets of the nation. Every effort should be exerted to promote his welfare and enhance his
opportunities for a useful and happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as
they do not conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every member of the family should strive to make the
home a wholesome and harmonious place as its atmosphere and conditions will greatly influence the child's development.
Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated and
exclusive and unconcerned with the interests of the community and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of the
government.
Other institutions, like the school, the church, the guild, and the community in general, should assist the home and the State in the
endeavor to prepare the child for the responsibilities of adulthood. (Art. 1)
Rights of the Child
All children shall be entitled to the following rights without distinction as to legitimacy or illegitimacy, sex, social status, religion,
political antecedents, and other factors.
1. The right to be born well with the dignity and worth of a human being from the moment of his conception;
2. The right to a wholesome family life that will provide him with love, care and understanding, guidance and counseling, and
moral and material security;
3. 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;
4. 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. The right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character;
6. 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;
7. 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. 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. 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. 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. 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; and
12. 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.3)

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, and 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 formal education suited to his abilities, in
order that he may become an asset 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. 4)

THE PARENTS
"Parents" shall include the guardian and the head of the institution or foster home which has custody of the child.
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. (Art. 17)
Grandparents shall be consulted on important family questions, but they shall not interfere in the exercise of parental authority by
the parents. (Art. 18)
Grandparents and in their default, the oldest brother or sister who is at least eighteen years of age, or the relative who has actual
custody of the child, shall exercise parental authority in case of absence or death of both parents, unless a guardian has been
appointed in accordance with the succeeding provision. (Art. 19)

Duties of Parents
Parents shall have the following general duties toward the child:
1. To give him affection, companionship and understanding;
2. To extend to him the benefits of moral guidance, self-discipline and religious instruction;
3. To supervise his activities, including his recreation;
4. To inculcate in him the value of industry, thrift and self-reliance;
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to his country;
6. To advise him properly on any matter affecting his development and well-being;
7. To always set a good example;
8. To provide him with adequate support;
As defined in Article 290 of the Civil Code, support includes food or sustenance, dwelling or shelter, clothing, medical assistance,
education, and transportation.
9. To administer his property, if any, according to his best interest. (Art. 46)
It is likewise stipulated that parents shall take special care to prevent the child from becoming addicted to intoxicating drinks,
narcotic drugs, smoking, gambling, and other vices or harmful practices.
Vice refers to a wrong, degrading or immoral habit or practice accustomed to the child.

Liabilities of Parents
Parents and guardians are responsible for the damage or torts (injury or wrong done to someone) caused by the child under their
parental authority in accordance with the Civil Code. (Art. 58)
Criminal liability shall attach to a parent who:
1. Conceals or abandons the child with intent to make such child lose his civil status;
2. Abandons the child under such circumstances as to deprive him of the love, care and protection he needs;
3. Sells or abandons the child to another person for valuable consideration;
4. Neglects the child by not giving him the education which the family's station in life and financial conditions permit;
5. Fails or refuses, without justifiable grounds, to enroll the child in any educational institution;
6. Causes, abates, or permits the truancy of the child from the school where he is enrolled;
* Truancy means absence without cause for more than twenty school days, not necessarily consecutive.
7. Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts which are
inimical to his interest and welfare;
8. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignitions and other excessive
chastisements that embarrass or humiliate him;
9. Causes or encourages the child to lead an immoral or dissolute life;
10. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership; and
11. Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally
procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed that he permitted or ordered the child
to drive. (Art 59)
The acts mentioned in the preceding article shall be punishable with imprisonment from two or six months or a fine not exceeding
five hundred pesos, or both. (Art. 60)

CHILD AND YOUTH WELFARE AND EDUCATION

The State shall see to it that no child is refused admission in public schools. All parents are required to enroll their children in
schools to complete, at least, an elementary education. (Art. 71)
All necessary assistance possible shall be given to parents, especially indigent ones or those who need the services of children at
home, to enable the children to acquire at least an elementary education. Such assistance may be in the form of special school
programs which may not require continuous attendance in school, or aid in the form of necessary school supplies, school lunch, or
whatever constitutes a bar to a child's attendance in school or access to elementary education. (Art. 72)
To further help promote the welfare of children of working mothers and indigent parents, public nursery and kindergarten schools
shall be maintained, whenever possible. The operation and maintenance of such schools shall be the responsibility of local
governments. Aid from local school board funds, when available, may be provided. (Art. 73)
Where needs warrants, there shall be at least special classes in every province, and, if possible, special schools for the physically
handicapped, the mentally retarded, the emotionally disturbed, and the specially gifted. The private sector shall be given all the
necessary inducement and encouragement to establish such classes or schools. (Art. 74)
Local school officials and local government officials shall see to it that school children and students are provided with adequate
schoolrooms and facilities including playground, space, and facilities for sports and physical development activities. Such officials
should see to it that the school environment is free from hazards to the health and safety of the students and that there are adequate
safety measures for any emergencies such as accessible exits, firefighting equipment, and the like. All children shall have the free
access to adequate dental and medical services. (Art.75)

THE HOME AND THE SCHOOL

The home shall fully support the school in the implementation of the total school program - curricular and co-curricular toward the
proper physical, social, intellectual, and moral development of the child. (Art. 76)
Every elementary and secondary school shall organize a parent-teacher association for the purpose of providing a forum for the
discussion of problems and their solutions, relating to the total school program, and for insuring the full cooperation of parents the
efficient implementation of such program. All parents who have children enrolled in a school are encouraged to be active
members of its PTA, and to comply with whatever obligations and responsibilities such membership entails. Parent-Teacher
Association all over the country shall aid the municipal and other local authorities and school officials in the enforcement of
juvenile delinquency control measures, and in the implementation of programs and activities to promote child welfare. (Art. 77)
No school shall receive or collect from students directly or indirectly, contributions of any kind or form, or for any purpose except
those expressly provided by law, and on occasions of national or local disasters in which case the school may accept voluntary
contribution or aid from students for distribution to victims of such disasters or calamities. (Art. 78)

CHILD AND YOUTH WELFARE AND THE CHURCH

The State shall respect the rights of the Church in matters affecting the religious and moral upbringing of the child. (Art. 79)
The religious education of children in all public and private schools is a legitimate concern of the Church to which the students
belong. All churches may offer religious instruction in public and private elementary and secondary schools, subject to the
requirements of the Constitution and existing laws. (Art. 81)

CHILD AND YOUTH WELFARE AND THE COMMUNITY

"Community shall mean, the local government, together with the society of individuals or institutions, both public and private, in
which a child lives. (Art. 84)
Duties of the Community
It shall be the duty of the community to:
1. Bring about a healthy environment necessary to the normal growth of children and the enhancement of their physical, mental
and spiritual well-being;
2. Help institutions of learning, whether public or private, achieve the fundamental objectives of education;
3. Organize or encourage movements and activities, for the furtherance of the interests of children and youth;
4. Promote the establishment and maintenance of adequately equipped playgrounds, parks, and other recreational facilities;
5. Support parent education programs by encouraging its members to attend and actively participate therein;
6. Assist the State in combating and curtailing juvenile delinquency and in rehabilitating wayward children;
7. Aid in carrying out special projects for the betterment of children in the remote areas or belonging to cultural minorities or
those who are out of school; and
8. Cooperate with private and public child welfare agencies in providing care, training and protection to destitute, abandoned,
neglected, abused, handicapped, and disturbed children. (Art. 85)

COMMUNITY BODIES DEALING WITH CHILD WELFARE

A. Barangay Councils
Barangay Councils shall have the authority to enact ordinances and resolutions not inconsistent with law or municipal ordinances,
as may be necessary to provide for the proper development and welfare of the children in the community, in consultation with
representatives of national agencies concerned with child and youth welfare. (Art. 86)
The barangay council shall:
1. Foster the education of every child in the barangay;
2. Encourage the proper performance of the duties of parents, and provide learning opportunities on the adequate rearing of
children and on positive parent child relationship;
3. Protect and assist abandoned or maltreated children and dependents;
4. Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems so that they can get expert
advise;
5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds and day-care centers and other services that are necessary for child and
youth welfare;
7. Coordinate the activities of organizations devoted to the welfare of children and secure their cooperation;
8. Promote wholesome entertainment in community, especially in movie houses; and the
9. Assist parents, whenever necessary in securing expert guidance counseling from the proper governmental or private welfare
agency. (Art. 87)
B. Civic Associations of Adults
A "civic association" shall refer to any club, organization or association of individuals twenty-one years of age or over, which is
directly or indirectly involved in carrying out child welfare programs and activities. (Art. 91)
Civic associations and youth associations shall make arrangements with the appropriate governmental or civic organization for the
instruction of youth in useful trades or crafts to enable them to earn a living. (Art. 93)
Any demonstrations sponsored by any civic associations and youth associations shall be conducted in a peaceful and lawful
manner. (Art. 94)
It shall be the duty of all civic associations and youth associations to bring to the attention of the proper authorities the exhibition
of indecent shows and the publication, sale or circulation of pornographic materials. (Art. 95)
Student exchange programs sponsored by civic associations or youth associations shall receive the support and encouragement of
the State. (Art. 98)
C. Youth Associations and Student Organizations
A "youth association" shall refer to any club, organization or association of individuals below twenty-one years of age which is
directly or indirectly involved in carrying out child or youth welfare programs and activities. (Art. 99)
All youth associations shall enjoy the same rights and discharge the same responsibilities civic as associations as may be
permitted under existing laws. (Art. 100)
All student organizations in public or private schools shall include in their objectives the cultivation of harmonious relations
among their members and with the various segments of the community. (Art. 101)

CHILD AND YOUTH WELFARE AND THE SAMAHAN "Samahan" shall refer to the aggregate of persons working in
commercial, industrial, and agricultural establishments or enterprises, whether belonging to labor or management. (Art. 104)

Duties of the Samahan

The Samahan shall:
1. Prevent the employment of children in any kind of occupation or calling which is harmful to their normal growth and
development;
2. Forestall their exploitation by insuring that their rates of pay, hours of work and other conditions of employment are in
accordance not only with law but also with equity;
3. Give adequate protection from all hazards to their safety, health, and morals, and secure to them their basic right to an
education;
4. Help out-of-school youth to learn and earn at the same time by helping them look for opportunities tob engage in economic
self-sufficient projects;
5. Coordinate with vocational and handicraft classes in all schools and agencies in the barangay, municipality or city to arrange for
possible marketing of the products or articles made by the students; and
6. Provide work experience, training and employment in those areas where the restoration and conservation of our natural
resources is deemed necessary. (Art. 106)

WORKING CHILDREN
Children below sixteen years of age may be employed to perform light work which is not harmful to their safety, health or normal
development and which is not prejudicial to their studies. (Art. 107)
It shall be the duty of the employer to submit a report to the Department of Labor of all children employed by him. (Art. 108)
If a child under sixteen years of age is employed as domestic, the head of the family shall give him an opportunity to complete at
least elementary education as required by the Code. The cost of such education shall be a part of the domestic's compensation
unless there is a stipulation to the contrary. (Art. 110)

CHILD AND YOUTH WELFARE AND THE STATE

The State has an obligation to assist the parents in the proper upbringing of the child and, whenever possible, establish the
following in collaboration and cooperation with local government:
1. Puericulture and similar centers;
2. Juvenile courts;
3. Child welfare agencies; 4. Orphanages and other similar institutions; and
5. Children's recreation centers. (Art. 133)
Puericulture or health centers shall be established in every barangay to perform the following functions:
1. Disseminate information concerning the health of children and expectant or nursing mothers;
2. Provide consultation service and treatment, whenever necessary, for the children and the expectant or nursing mothers;
3. Provide guidance and special treatment to children with physical handicaps; and
4. Advise child welfare institutions on matters relating to nutrition and hygiene.
The State shall establish in every barangay reading centers and recreation centers where children may meet and play together for
their healthy growth and their social and cultural development. (Art. 137) City or municipal councils may prescribe such curfew
hours for children as may be warranted by local conditions. The duty to enforce curfew ordinances shall devolve upon the parents
or guardians and the local authorities. (Art. 139)
In case of earthquake, flood, storm, conflagration, epidemic, or other calamity, the State shall give special assistance to children
whenever necessary. The Department of Social Welfare shall take immediate custody of dependent children and give temporary
shelter to orphaned or displaced children (who are separated from their parents or guardian). (Art. 140)

CLASSIFICATION OF CHILD AND YOUTH WELFARE AGENCIES

Public and private child welfare agencies providing encouragement, care, and protection to any category of children and youth are
classified and defined as follows:
 Child-caring institution one that provides twenty four hour resident group care service for the physical, mental, social and
spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children, or
youthful offenders.
 Educational institution - one whose primary purpose is education; it is deemed to be a child-caring institution when nine or
more of its pupils or wards in the ordinary course of events do not return annually to the homes of their parents or guardians
for at least two months of summer vacation.
 Detention home a twenty-four hour child-caring institution providing short term resident care for youthful offenders who are
awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
 Shelter-care institution - one that provides temporary protection and care to children requiring emergency reception as a result
of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult
care because of crisis in the family, or a court order holding them as material witnesses.
 Receiving home - a family-type home which provides temporary shelter from ten to twenty days for children who shall during
this period be under observation and study for eventual placement by the Department of Social Welfare.
 Nursery - a child-caring institution that provides care for six or more children below six years of age for all or part of a
twenty-four hour day, except those duly licensed to offer primarily medical and educational services.
 Maternity home an institution or place of residence whose primary function is to give shelter and care to pregnant women and
their infants before, during and after delivery.
 Rehabilitation center an institution that receives and rehabilitates youthful offenders disturbed children. or other
 Reception and study center an institution that receives for study, diagnosis, and temporary treatment for children who have
behavioral problems for the purpose of determining the appropriate care for them or recommending their permanent treatment
or rehabilitation in other child welfare agencies.
 Child-placement agency- an institution or person assuming the care, custody, protection and maintenance of children for
placement in any child caring institution or home or under the care and custody of any person or persons for purposes of
adoption, guardianship or foster care. The relatives of such child or children within the sixth degree of consanguinity or
affinity are excluded from this definition. (Art. 117)

SPECIAL CATEGORIES OF CHILDREN

The special categories of children are as follows:
Dependent child - one who is without a parent, guardian or custodian; or one whose parents, guardian or other custodian for
good cause desires to be relieved of his care and custody; and is dependent upon the public for support.
Abandoned child one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a
period of at least six continuous months.
Neglected child one whose basic needs have been deliberately unattended or inadequately attended. Neglect may occur in two
ways:
 Physical neglect when the child is malnourished, ill clad and without proper shelter. A child is unattended when left by
himself without provisions for his needs and/or without proper supervision.
 Emotional neglect when children are maltreated, raped or seduced; when children are exploited, overworked or made to
work under conditions not conducive to good health; or are made to beg in the streets or public places, or when children are
in moral danger, or exposed to gambling, prostitution and other vices. (Art. 141)
Mentally retarded children - refer to those:
a. socially incompetent socially inadequate, occupationally incompetent and unable to manage their own affairs;
b. mentally subnormal;
c. retarded intellectually from birth or early age;
d. retarded at maturity;
e. mentally deficient as a result of constitutional origin, through hereditary or disease, and
f. essentially incurable.
Mental retardation is classified as follows:
a. Custodial Group -They are the least capable group, severely or profoundly retarded, and with 1.Q.s 1 to 25.
b. Trainable Group -They are unable to acquire higher academic skills, but can usually acquire the basic skills for living to a
reasonable degree; their 1.Q.s range from about 25 to about 50.
c. Educable Group The degree of success or accomplishment that they will reach in life depends very much on the quality and
type of education they receive, as well as on the treatment at home and in the community. This group's 1.Q. ranges from about 50
to about 75.
d. Borderline or Low Normal Group - This is the highest group of mentally retarded, with I.Q.s from about 75 to about 89. The
members of this classification are only slightly retarded and they can usually get by in regular classes if they receive some extra
help, guidance and consideration.
Physically Handicapped Children those who are crippled, deaf-mute, blind, or otherwise defective which restricts their means
of action or communication with others.
Emotionally Disturbed Children - 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.
Mentally Ill Children those with any behavioral disorder, whether functional or organic, which is of such a degree of severity
as to require professional help or hospitalization.
Disabled Children shall include mentally retarded, physically handicapped, emotionally disturbed, and severe mentally ill
children. (Arts. 168-173)

THE YOUTHFUL OFFENDER

A "youthful offender" is one who is over nine years but under twenty-one years of age at the time of the commission of the
offense.
A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall be committed to the
care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its supervision.
The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of the offense,
unless he acted with discernment. (Art. 189)

Care and Custody of Youthful Offender

It shall be the duty of the law-enforcement agency concerned to take the youthful offender, immediately after his apprehension, to
the proper medical or health officer for a thorough physical and mental examination. Whenever treatment for any physical or
mental defect is indicated, steps shall be immediately undertaken to provide the same. (Art. 190)
A youthful offender held for physical and mental examination or trial or pending appeal, if unable to furnish bail, shall from the
time of his arrest be committed to the care of the Department of Social Welfare or the local rehabilitation center or a detention
home in the province or city which shall be responsible for his appearance in court whenever required. In the absence of any such
center or agency within a reasonable distance from the venue of the trial, the provincial, city, and municipal jail shall provide
quarters for youthful offenders separate from other detainees. The court may, in its discretion, upon recommendation of the
Department of Social Welfare or other agency or agencies authorized by the Court, release a youthful offender on recognizance, to
the custody of his parents or other suitable person who shall be responsible for his appearance whenever required. (Art. 191)
The expenses for the care and maintenance of the youthful offender whose sentence has been suspended shall be borne by his
parents or those persons liable to support him. In case his parents or those persons liable to support him cannot pay all or part of
said expenses, the municipality in which the offense was committed shall pay one-third of said expenses or part thereof; the
province to which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National
Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, part of
the internal revenue allotments applicable to the unpaid portion shall be withheld and applied to the settlement of said
indebtedness. All city and provincial governments must exert efforts for the immediate establishment of local detention homes for
youthful offenders. (Art. 194)
The Department of Social Welfare or its representative or duly licensed agency or individual under whose care the youthful
offender has been committed shall submit to the court every four months or oftener as may be required in special cases, a written
report on the conduct of said youthful offender as well as the intellectual, physical, moral, social, and emotional progress made by
him. (Art. 195)

Suspension of Sentence, Commitment to an Institution and Dismissal of the Case of Youthful Offender
If after hearing the evidence in the proper proceedings, the court should find that the youthful offender has committed the acts
charged against him the court shall determine the imposable penalty, including any civil liability chargeable against him.
However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such
minor to the custody or care of the Department of Social Welfare, or to any training institution operated by the government, or
duly licensed agencies or any other responsible person, until he shall have reached twenty-one years of age or, for a shorter period
as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare or the
agency or responsible individual under whose care he has been committed. The youthful offender shall be subject to visitation and
supervision by a representative of the Department of Social Welfare or any duly licensed agency or such other officer as the Court
may designate subject to such conditions as it may prescribe. (Art. 192)
The youthful offender whose sentence is suspended can appeal from the order of the court in the same manner as appeals in
criminal cases. (Art. 193)
Life it is shown to the satisfaction of the court that the youthful offender whose sentence has been suspended, has behaved
properly and has shown his capability to be a useful member of the community, even before reaching the age of majority, upon
recommendation of the Department of Social Welfare, it shall dismiss the case and order his final discharge. (Art. 196)
Whenever the youthful offender has been found incorrigible or has wilfully failed to comply with the conditions of his
rehabilitation programs, or should his continued stay in the training institution be inadvisable, he shall be returned to the
committing court for the pronouncement of judgment.
When the youthful offender twenty-one while in commitment, the court shall determine whether to dismiss the case or to
pronounce the judgment of conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his sentence with the full time spent in
actual commitment and detention affected. (Art. 197)
The final release of a child shall not obliterate his civil liability for damages. Such release shall be without prejudice to the right
for a writ of execution for the recovery of civil damages. (Art. 198)
When a judgment of conviction is pronounced, and at the time of said pronouncement the youthful offender is still under twenty-
one, he shall be committed to the proper penal institution to serve the remaining period of his sentence. Penal institutions shall
provide youthful offenders with separate quarters and, as far as practicable, group them according to appropriate age levels or
other criteria as will insure their speedy rehabilitation. Furthermore, the Bureau of Prisons shall maintain agricultural and forestry
camps where youthful offenders may serve their sentence in lieu of confinement in regular penitentiaries. (Art. 199)
Where a youthful offender has been charged before any city or provincial fiscal or before any municipal judge and the charges
have been ordered dropped, all the records of the case shall be destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits him to an institution and
subsequently releases him, all the records of his case shall be destroyed immediately aftersuch acquittal, dismissal or release,
unless civil liability has also been imposed in the criminal action, in which case such records shall be destroyed after satisfaction
of such civil liability. The youthful offender concerned shall not be held under any provision of law, to be guilty of perjury or of
concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact related thereto in response to
any inquiry made of him for any purpose. (Art. 200)
The civil liability for acts committed by a youthful offender shall devolve upon the offender's father and, in case of his death or
incapacity, upon the mother, or in case of her death or incapacity, upon the guardian. Civil liability may also be voluntarily
assumed by a relative or family friend of the youthful offender. (Art. 201)
The Department of Social Welfare shall establish regional rehabilitation centers for youthful offenders. The local government and
other non-governmental entities shall collaborate and contribute their support for the establishment and maintenance of these
facilities. (Art. 202)
The Department of Local Government and Community Development shall establish detention homes in cities and provinces
distinct and separate from jails pending the disposition of cases of juvenile offenders. (Art. 203)

Evaluation
TEST I. ENUMERATION AND DISCUSSION.
Enumerate and discuss the following. Write your answer in a sheet of paper.
1. What are the rights of the child?
2. Who are considered parents?
3. What are the duties of parents toward the child?
4. When do parents have criminal liability?
5. What is the role of the home, school, church, and the state in child and youth welfare?
6. What community bodies are responsible for child welfare?
7. Who is a youthful offender?

Test II. MATCHING TYPE

Direction: Match A with Column B. Write the letter only in a sheet of paper.
A B
1. Gives shelter and care to pregnant women and their infants a. detention home
2. Provides temporary shelter from ten to twenty days for children under b. educational institution
observation c. shelter-care institution
3. Provides short-term resident care for children awaiting court disposition 4. d. rehabilitation center
Provides care service for mentally gifted, dependent, abandoned, neglected, or e. maternity home
youthful offenders 5. Provides temporary protection to children requiring f. child-placement agency
emergency reception g. reception and study center
6. Provides care for six or more children below six years of age to offer h. child-caring institution
primary educational services i. nursery
7. Receives and rehabilitates youthful offenders or disturbed children j. receiving home
8. Provides protection of children for purposes of adoption or foster care
9. Receives for study, diagnosis and temporary treatment of children who
have behavioral problems

References
Bartol, C.R. & Bartol, A. M. (2004). Introduction to forensic psychology. London: Sage Publications, Inc.

Geason, S. & Wilson, P.R. (1946). Crime prevention: Theory and practice. Australia: Australian Institute of
Criminology

Reyes, L.B. (2001). The revised penal code: Criminal law (15 ed.). Manila: Rex Book Store, Inc.

Siegel, L.J. Criminology: Theories, patterns, and typologies (8 ed.) Singapore: Thomson Wadsworth.