CRIM5 COURSEPACK Ver2
CRIM5 COURSEPACK Ver2
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JUVENILE DELINQUENCY & JUSTICE SYSTEM
COURSE OVERVIEW
This course deals with the etiology of delinquent, deviant behavior, factors
that cause juvenile delinquency and crime prevention. It also recognizes the various
laws and provisions that protect the rights and welfare of children, theories of juvenile
delinquency and the role of different agencies in handling child in conflict with the
law.
In order for the learners to gain competency in this course, this course pack
has been structured into three modules as follows:
Module 1: Juvenile Delinquency
Module 2: Delinquency Prevention
Module 3: Important Provision of Laws Related to Juvenile Delinquency
Students in this course pack are encouraged to go through the entire lesson and
participate in all exercises to widen their understanding on each topic. Students are
also allowed to use other references if needed and may also ask help or support from
their co-learners.
TABLE OF CONTENTS
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Module 1: Juvenile Delinquency
Module Overview………………………...................................................... 4
. Lesson 1: Juvenile Delinquency and Status Offense.................................... 5
Lesson 2: Types of Delinquent Youth and Approaches in the Study of Delinquency 8
Lesson 3: Theories Concerning Juvenile Delinquency……………………. 11
Lesson 4: Contributory Factor to Juvenile Delinquency………………….. 15
Lesson 5: History of Juvenile Justice……………………………………… 18
Module Summary…………………………………………………………...
21
Module Assessment………………………………………………………... 22
Reference…………………………………………………………………... 24
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MODULE 1
Module Overview
JUVENILE DELINQUENCY
INTRODUCTION
Hello! Welcome to module 1. Here, you will learn the basic concepts of
juvenile delinquency, the different factors that lead to juvenile delinquency and the
types of juvenile delinquents. Offenses committed by minors sometimes include acts
considered crime when committed by adult. In this module, you will also be able
differentiate the difference between crime and status offense.
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LESSON 1 MODULE 1
INTRODUCTION
Hello! Welcome to lesson 1 of the first module. Here you will explore the
concept of juvenile delinquency and status offense. As of now, there are a lot of
minors who are violating the law. The youth who are the hope of future are now
becoming the problem of the government. So, what do you think are the acts
committed by youth considered status offense? When can you say that a minor is a
juvenile delinquent? Keep on reading to find out.
ACTIVITY
The following actions of a juvenile are either categorized as
normal behavior or abnormal behavior, Put “NB” in the space given if
the action plainly shows normal behavior and “AB” if it exhibits an
abnormal behavior.
_____________1. Playing basketball with friends.
_____________2. Smoking and drinking alcohol with friends.
_____________3. Playing mobile legends outside with friends after the curfew
hours.
_____________4. Frequent absences in school.
_____________5. Going to church every Sunday.
ANALYSIS
1. What is the difference between the terms Delinquency, Juvenile
Delinquency and Status Offense?
___________________________________________________
___________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
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ABSTRACTION
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
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
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g) association with delinquent gangs
ANTI-SOCIAL BEHAVIOR
- characterized by disobedience to, or disrespect for, authorities
APPLICATION
Identification; Identify the answer that corresponds to each question. Write your
answer on the space provided before the number.
_______________2. It is the law lowering the age of majority from twenty-one (21)
to eighteen (18) years.
_______________3. 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.
_______________4. It refers to the freedom from parental authority, both over his
person and property.
Well done! You have just finished Lesson 1 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 2 of this module which
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will discuss about Types of Delinquent Youth and Approaches in the Study of
Delinquency.
LESSON 2 MODULE 1
INTRODUCTION
Hello! Welcome to lesson 2 of the first module. In this lesson, you will learn
the types of delinquent youth and the approaches in the study of delinquency. Just as
adult, juvenile delinquents also vary accordingly by the nature or seriousness of
offense committed and or to what makes them act in a way deviating from the norms
of the community. So, stay tuned to learn more!
ACTIVITY
The Jumbled Words below are phrases and words that is
related to our lesson, solve or arrange them properly to find out the
correct word.
____________________1. EREMENGCE
____________________2. ZEDSOUNCILA IONSSAGGRE
____________________3. VECOTR AYTHWPA
____________________4. CITRONUE
____________________5. TRICCHIAPSY LINDEQUETN
ANALYSIS
1. If delinquency exists, is it categorized into different types? If yes,
what are those?
______________________________________________________
2. What are the different approaches if we study delinquency?
______________________________________________________
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Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
THREE TYPES OF DELINQUENCY
1) ENVIRONMENTAL DELINQUENTS
- characterized by occasional law-breaking
3) PSYCHIATRIC DELINQUENTS
- characterized by serious emotional disturbances within the individual and
in some cases associated with tendencies towards mental illness
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 feels 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
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
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- views youthful misdeed as a result of a learning process through
interactions with other members of society.
APPLICATION
Identification; Identify the answer that corresponds to each question. Write your
answer on the space provided before the number.
10
Well done! You have just finished Lesson 2 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 3 of this module which
will discuss about Theories Concerning Juvenile Delinquency.
LESSON 3 MODULE 1
INTRODUCTION
Hello! Welcome to lesson 3 of the first module. Here you will learn the
different theories concerning juvenile delinquency. Explaining juvenile delinquency is
a complex task. Social biologists define deviance as any behavior that members of the
social group define as violating their norm. So, what do you think are the different
theory that explains delinquency? Keep on reading to learn more.
ACTIVITY
Crossword Puzzle: Choice, Biosocial, Psychological and
Sociological are the four hidden words in the box below that is related
to our lesson, find and encircle them.
A S O C I O L O G I C A L
P V L Q G U Y D O P T D G
P C H O I C E C T A E G O
R N O I T O M E K T F N W
O C M T D V Z O F I L H Y
A B I O S O C I A L T O S
C E Z X N W N I X R A I F
P S Y C H O L O G I C A L
I J K Y Q X A G E B E J M
ANALYSIS
1. From the different categories and sub-categories of theories
concerning delinquency which of it comprehensively discuss and
explains delinquency and its existence?
____________________________________________________
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___________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
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
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
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
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- 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
- believes that when an individual make decisions, 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;
3) finally, he acts on his decision
- 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
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APPLICATION
Essay; Elaborate or explain the question below. Write your answer below the
questions.
1. Base from your own experience and observation, Enumerate at least 15 different acts
committed by minors that you think are not ethical or considered delinquent acts.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Essay Criteria
Content: Relevance to the Topic, Originality of Ideas - 50%
Grammar: Well-constructed sentences - 20%
Mechanics: Spelling, Punctuation, Capitalization ` - 20%
Vocabulary: Word Choice - 10%
100%
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Well done! You have just finished Lesson 3 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 4 of this module which
will discuss about Contributory Factor to Juvenile Delinquency.
LESSON 4 MODULE 1
INTRODUCTION
Hello! Welcome to lesson 4 of the first module. In this lesson, you will learn
the contributory factor to juvenile delinquency. There are so many possible reasons
why a youth becomes delinquent. As we can observe in our community, one of it is
poverty. Youth belongs to lower class tend to commit crime like robbery, theft etc. to
sustain their lives. So, what do you think are the other major factors affecting juvenile
delinquency? Keep on reading to learn more.
ACTIVITY
1. What type of family structure is evident in Filipino families and
explain why it is common or existing?
_____________________________________________________
_____________________________________________________
ANALYSIS
1. What do you think is the contribution of family, school and
environment towards juvenile delinquency?
_________________________________________________________
_______________________________________________________
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Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
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
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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
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
APPLICATION
True or False; Answer the following question, put “T” in the space provided if the
statement is correct, put “F” if the statement is wrong. Your answer must be in capital
letter.
________1. Failure of teachers to detect and address problems of children and report
such problems to the parents can lead to child’s deviant conduct.
________2. School is considered the basic unit of society, responsible for developing
child’s potential in all its aspects.
________3. School is considered the second home of a child, with teachers as second
parents.
________4. Kim’s family is small; it is only consist of her father, mother and her.
Hence they have a nuclear type of family structure.
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________5. A child full of love and parental guidance have higher tendency of being
delinquent.
Well done! You have just finished Lesson 4 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 5 of this module which
will discuss about History of Juvenile Justice.
LESSON 5 MODULE 1
INTRODUCTION
Hello! Welcome to the last lesson of the first module. In his lesson, you will
learn the history of juvenile justice. You will also know the different especial laws
created to secure the welfare of minors. “Ang Kabataan ang Pag-asa ng Bayan”
therefore, these laws were created. If someone maltreated a minor, what law do you
think is he/she will be liable? Keep on reading to learn more!
ACTIVITY
Complete the words below by writing the correct letter on the
blanks. Then read the words and familiarize them as they are part of
this lesson.
1. P _ O _ LA_S
2. _ H A N _ E _ Y C_UR _S
3. A M _ R I _ A _ S_ST_M
4. _ U V _ N _ L E JU_TI_E
5. J _ V _ N I _ E C_UR_
ANALYSIS
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1. If there are no such thing as Juvenile Justice System or laws
protecting the welfare of every Filipino children, what would be its
consequences and result? Provide example.
__________________________________________________
__________________________________________________
__________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
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 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
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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 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
APPLICATION
Essay; Elaborate or explain the question below. Write your answer below the
questions.
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1. If there is no such thing as “rights of the child”, what do you think will be the
consequences or what will happen to all of the children in the world?
__________________________________________________________________
_________________________________________________________________
You have completed the first module of Juvenile Deinquency & Justice
System covering Juvenile Delinquency. Key points covered in the module include:
Juvenile refers to the young person below 18 years old, while delinquent
is the one who violated the approved norms. Juvenile delinquency is an
act done by the young person that does not conform to the standards set
by the society.
The family, school, and environment are the factors that contribute to
juvenile delinquency
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MODULE 1
MODULE ASSESSMENT
Identification; Identify the answer that corresponds to each question. Write your
answer on the space provided before the number and it must be in capital letter.
Incorrect spelling is automatically wrong.
__________________3. Freedom from parental authority, both over his person and
property.
__________________7. The law lowering the age of majority from twenty-one (21)
to eighteen (18) years.
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__________________9. A delinquent youth who is suffering from delusions and
hallucinations.
__________________14. At the age of 8-12 years old the child started to steal money
from his/her father or mother. What stage is being referred?
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MODULE 1
REFERENCES
Books:
Soriano, O. (2010), Juvenile Delinquency and Crime Prevention. Great Books
Publishing, 7B Cavite St. Brgy. Paltok West Avenue, Quezon City.
The Law Phil Project (1992), Republic Act No. 7610 “an act providing for
stronger deterrence and special protection against child abuse, exploitation and
discrimination, and for other purposes”. Available Online. Retrieved August
10, 2020.
Internet:
https://www.lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html
http://waukeshacriminalattorneys.com/juvenile-delinquency-what-makes-
teenager-commit-a-crime/.
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MODULE 2
Module Overview
DELINQUENCY
INTRODUCTION
Hello! Welcome to module 2. Here, you will learn the different effective and
ineffective delinquency prevention. Delinquency prevention is both a practical and
cost-effective means of reducing youth misbehavior. It touches almost every aspect of
public policy to address children’s issue including programs associated with education
and law enforcement. In this module, you will also explore the important provisions
of PD 603 (The Child and Youth Welfare Code).
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Are you ready? You may now proceed to lesson1!
LESSON 1 MODULE 2
DELINQUENCY PREVENTION
INTRODUCTION
Hello! Welcome to lesson 1 of the second module. Here you will learn the
early stages and approaches of delinquency prevention. In this lesson also you will be
introduce to the strategies and levels of delinquency prevention. In the effort to
address juvenile delinquency, early interventions have come to be seen as an
important part of an overall strategy. Do you want to know them? Keep on reading to
find out!
ACTIVITY
Identification; the following are early stages of delinquency
prevention; identify what program is being referred in the
question by writing the letter of your answer in the space provided.
Your answer must be in capital letter.
A Home based- Programs B Parenting skill Program C Day Care Program
D Pre-school program E Primary School Program
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______4. This includes the parents/ guardian taking care of their children, being
loving, teaching values and being supportive
______5. Its main purpose is to prepare the child for primary school.
ANALYSIS
1. There are five early stages of delinquency prevention, which
program do you think is more effective? Justify your answer.
_________________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
EARLY STAGES OF DELINQUENCY PREVENTION
Mentoring Programs
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involve non professional volunteers spending time with young people
at risk for delinquency or in danger of dropping out of school.
School based program
After school Program
includes child center, tutoring programs at school, dance groups,
basketball leagues and drop-in clubs.
Job-training Programs
Having a job means having a money to pay necessity as well as leisure
activities. It increases the chances off obtaining jobs and thereby
reduce delinquency.
General Deterrence – making kids believe that their illegal behavior will result
in apprehension and severe punishment.
Specific Deterrence – if offenders are punished severely, the experience will
convince them not to repeat their illegal acts.
Situational Deterrence – reduces the opportunity for people to commit
particular crime.
APPLICATION
1. Make a story or scenario that will show the three levels of delinquency
prevention.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
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__________________________________________________________________
Well done! You have just finished Lesson 1 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 2 of this module which
will discuss about Effective & Ineffective Delinquency Prevention.
LESSON 2 MODULE 2
INTRODUCTION
Hello! This is lesson on of module 2. In this lesson, you will learn the
effective and ineffective delinquency prevention. Numerous programs attempt early
intervention and government funding for community initiatives has allowed
independent groups to tackle the problem in new ways. Let us know the effective and
ineffective delinquency prevention programs and the reason behind.
ACTIVITY
The Jumbled Words below are phrases and words that is
related to our lesson, solve or arrange them properly to find out the
correct word.
____________________1. ECSRA TICTACS
____________________2. REATIONREC
____________________3. DUETIONCA DEMOL
29
____________________4. VENILEJU TBOO PAMC
____________________5. DINGEN PEATRE FENSESOF
ANALYSIS
1. Why do you think scare tactics and juvenile boot camp is
considered ineffective delinquency prevention strategies?
___________________________________________________
__________________________________________________
__________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
EFFECTIVE DELINQUENCY PREVENTION
EDUCATION Model
Model programs have assisted families and children by providing them
with information. Some programs inform parents on how to raise
healthy children; some teach children about the effects of drugs, gangs,
sex, and weapons; and others aim to express to youth the innate worth
they and all others have. All of these programs provide youths with the
awareness that their actions have consequences. This is particularly
important in an era where youth are barraged with sexual and violent
images. Educational programs have the underlying intent of
encouraging hope and opening up opportunities for young people.
RECREATION
One of the immediate benefits of recreational activities is that they fill
unsupervised after-school hours. The Department of Education has
reported that youths are most likely to commit crimes between 2 p.m.
and 8 p.m., with crime rates peaking at 3 p.m. Recreation programs
allow youths to connect with other adults and children in the
community. Such positive friendships may assist children in later
years. Youth programs are designed to fit the personalities and skills of
different children and may include sports, dancing, music, rock
climbing, drama, karate, bowling, art, and other activities.
COMMUNITY INVOLVEMENT
30
Girl scouts, boy scouts, church youth groups, and volunteer groups all
involve youth within a community. Involvement in community groups
provide youth with an opportunity to interact in a safe social
environment.
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pattern of life separate from criminal activity. To assist in this process,
courts have attempted to implement helpful social services for former
inmates and their families. Some of these are job placement, school
follow-up, extended counseling, and extended drug rehab. The
Functional Family Therapy (FFT) program assists youth on parole by
helping them and their families communicate in more effective,
positive ways.
SCARE TACTICS
Currently, Americans are steering away from this tactic, as it has
proven rather ineffective, but during the 1990s it was a technique that
politicians and the greater community put much confidence in. Slogans
such as "get tough on crime" and "adult time for adult crime" spoke to
the common-sense core of many people who worried about
rising juvenile crime rates. The basic ideology centered on the idea that
crime rates were high because youth were not afraid of facing juvenile
detention. General opinion held that the system had become too soft;
the threat of confinement was not deterring youth from criminal
activity.
Several major shifts occurred during this time:
Juvenile courts gave increased jurisdiction to adult, criminal courts.
Courts authorized easier transfers of juveniles into the adult criminal
court and, in some states, waived their authority over specified crimes.
32
Youths were sent to adult prisons in increased numbers. Younger
offenders were sent to adult prisons as states tightened their definition
of who was a child, and more court decisions placed youth in adult
confinement.
Youths were issued longer prison sentences in the adult system than
they would have been given in the juvenile justice system. Most of
those sentenced, however, were not required to serve the full length of
their prison terms.
The harsher penalties that came with the era of hard-time scare tactics
were intended to lower crime rates and to express to youth that crime
would not be tolerated. These penalties, however, did not achieve their
intended effects. The approach was grounded in the idea that youth
could be managed through fear. But fear was not a forceful impetus to
motivate youth toward positive behavior. No direct correlation was
witnessed between harsher sentencing and fewer first-time arrests, and
youth that had been placed in the adult system actually had a higher
recidivism rate than similar juveniles placed in juvenile detention
facilities.
In the years that "get tough on crime" policies were being established,
various new programs were also attempted. One such program, Juvenile Boot
Camp, received high publicity but had little success. "At risk" youth were
placed into intense, structured, severe environments that were modeled after
military boot camps. The Juvenile Boot Camps were intended to teach youth
about structure and discipline but their success rates, which were measured
based on their ability to prevent kids from committing future crimes, were
low. For some youth, the programs were actually counter-productive. Another
program, "Scared Straight," brought parole/probation youth into interactions
with adult prisoners through meetings or short-term incarcerations. The
program was designed to make young offenders frightened of the violent adult
prison system.
APPLICATION
1. Among the following effective delinquency prevention programs, which do
you think are effective? Justify you answer.
_______________________________________________________________
_______________________________________________________________
33
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Well done! You have just finished Lesson 2 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 3 of this module which
will discuss about Title I of PD 603.
LESSON 3 MODULE 2
TITLE I of PD 603
INTRODUCTION
Hello! Welcome to lesson 3 of the second module! Here you will explore title
1 of PD 603. Some of the important topics in title 1 to be discussed in this lesson are
the legal custody of the child, abortion, rights of a child and abortion. Are you now
ready for our lesson? Good! Keep on reading to learn more.
ACTIVITY
Crossword Puzzle: Parents, Guardian, Rights and Child are
the four hidden words in the box below that is related to our lesson,
find and encircle them.
A G U A R D I A N I C A L
P V L Q G U Y D O P T D C
P C H O I C E C T A E G H
R N O I T O M E K T F N I
O C M T D V Z O F I L H L
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A P A R E N T S A L T O D
C E Z X S T H G I R A I F
P S Y C H O L O G I C A L
I J K Y Q X A G E B E J M
ANALYSIS
1. If there is no such thing as parental responsibility what do you
think will happen to every child and youth?
____________________________________________________
____________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
IMPORTANT PROVISIONS OF TITLE 1 OF PD 603
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.
35
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
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
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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, and 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.
(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.
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APPLICATION
Identification; Identify the answer that corresponds to each question. Write your
answer on the space provided before the number.
____________________2. Who are the first or the most priority as substitute parental
authority?
38
Well done! You have just finished Lesson 3 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 4 of this module which
will discuss about Title II of PD 603.
LESSON 4 MODULE 2
TITLE II of PD 603
INTRODUCTION
Hello! Welcome to lesson 4 of module 2. In this lesson, you will explore title
II of PD 603 where you will be introduced to parental authority and adoption. In case
of separation of parents, who do you think shall have parental authority? Or, in case
where the child is only 3 years old during separation, who do you think shall have
parental authority?
ACTIVITY
Complete the words below by writing the correct letter on the
blanks. Then read the words and familiarize them as they are part of
this lesson.
1. A _ O P _ I _ N
2. D E _ T H OF _A_ENTS
3. N _ G _ E _ T E D C_ILD
4. J O _ N T P_RE_TAL AU_HO_ITY
5. W _ L _ A R _
ANALYSIS
1. Are all qualified to adopt? If there is an exception, what are those?
______________________________________________________
______________________________________________________
39
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
TITLE II
CHILD AND YOUTH WELFARE AND THE HOME
Article 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.
Article 18. Grandparents. - Grandparents shall be consulted on important family
questions but they shall not interfere in the exercise of parental authority by the
parents.
Article 19. Absence or Death of Parents. - 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.
Article 20. Guardian. - The court may, upon the death of the parents and in the cases
mentioned in Arts. 328 to 332 of the Civil Code, appoint a guardian for the person and
property of the child, on petition of any relative or friend of the family or the
Department of Social Welfare.
Article 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned
or neglected child shall be under the parental authority of a suitable or accredited
person or institution that is caring for him as provided for under the four preceding
articles, after the child has been declared abandoned by either the court or the
Department of Social Welfare.
Article 22. Transfer to the Department of Social Welfare. - The dependent,
abandoned or neglected child may be transferred to the care of the Department of
Social Welfare or a duly licensed child-caring institution or individual in accordance
with Articles 142 and 154 of this Code, or upon the request of the person or institution
exercising parental authority over him.
From the time of such transfer, the Department of Social Welfare or the duly licensed
child-caring institution or individual shall be considered the guardian of the child for
all intents and purposes.
40
Article 23. Case Study. - It shall be the duty of the Department of Social Welfare to
make a case study of every child who is the subject of guardianship or custody
proceedings and to submit its report and recommendations on the matter to the court
for its guidance.
Article 24. Intervention of Department of Social Welfare. - The Department of Social
Welfare shall intervene on behalf of the child if it finds, after its case study, that the
petition for guardianship or custody should be denied.
Article 25. Hearings Confidential. - The hearing on guardianship and custody
proceedings may, at the discretion of the court, be closed to the public and the records
thereof shall not be released without its approval.
Article 26. Repealing Clause. - All provisions of the Civil Code on parental authority
which are not inconsistent with the provisions of this Chapter shall remain in force:
Provided, That Articles 334 up to 348 inclusive on Adoption, are hereby expressly
repealed and replaced by Section B of this Chapter.
SECTION B. Adoption
Article 27. Who May Adopt. - Any person of age and in full possession of his civil
rights may adopt: Provided, That he is in a position to support and care for his
legitimate, legitimated, acknowledged natural children, or natural children by legal
fiction, or other illegitimate children, in keeping with the means, both material and
otherwise, of the family. In all cases of adoption the adopter must be at least fifteen
years older than the person to be adopted.
Article 28. Who May Not Adopt. - The following persons may not adopt:
1. A married person without the written consent of the spouse;
2. The guardian with respect to the ward prior to final approval of his
accounts;
3. Any person who has been convicted of a crime involving moral turpitude;
4. An alien who is disqualified to adopt according to the laws of his own
country or one with whose government the Republic of the Philippines has
broken diplomatic relations.
Article 29. Adoption by Husband and Wife. - Husband and Wife may jointly adopt.
In such case, parental authority shall be exercised as if the child were their own by
nature.
Article 30. Who May Not Be Adopted. - The following may not be adopted:
1. A married person, without the written consent of the spouse;
2. An alien with whose government the Republic of the Philippines has broken
diplomatic relations;
3. A person who has already been adopted unless the adoption has been
previously revoked or rescinded in accordance with this Chapter.
Article 31. Whose Consent is Necessary. - The written consent of the following to the
adoption shall be necessary:
1. The person to be adopted, if fourteen years of age or over;
2. The natural parents of the child or his legal guardian of the Department of
Social Welfare or any duly licensed child placement agency under whose care
the child may be;
3. The natural children, fourteen years and above, of the adopting parents.
Article 32. Hurried Decisions. - In all proceedings for adoption, steps should be taken
by the court to prevent the natural parents from making hurried decisions caused by
41
strain or anxiety to give up the child, and to ascertain, that all measures to strengthen
the family have been exhausted and that any prolonged stay of the child in his own
home will be inimical to his welfare and interest.
Article 33. Case Study. - No petition for adoption shall be granted unless the
Department of Social Welfare, or the Social Work and Counselling Division, in case
of Juvenile and Domestic Relations Courts, has made a case study of the child to be
adopted, his natural parents as well as the prospective adopting parents, and has
submitted its report and recommendations on the matter to the court hearing such
petition. The Department of Social Welfare shall intervene on behalf of the child if it
finds, after such case study, that the petition should be denied.
Article 34. Procedure. - The proceedings for adoption shall be governed by the Rules
of Court in so far as they are not in conflict with this Chapter.
Article 35. Trial Custody. - No petition for adoption shall be finally granted unless
and until the adopting parents are given by the court a supervised trial custody period
of at least six months to assess their adjustment and emotional readiness for the legal
union. During the period of trial custody parental authority shall be vested in the
adopting parents.
The court may, upon its own motion or on motion of the petitioner, reduce or dispense
with the trial period if it finds that it is to the best interest of the child. In such case,
the court shall state its reasons for reducing said period.
Article 36. Decree of Adoption. - If, after considering the report of the Department of
Social Welfare or duly licensed child placement agency and the evidence submitted
before it, the court is satisfied that the petitioner is qualified to maintain, care for, and
educate the child, that the trial custody period has been completed, and that the best
interests of the child will be promoted by the adoption, a decree of adoption shall be
entered, which shall be effective as of the date the original petition was filed. The
decree shall state the name by which the child is thenceforth to be known.
Article 37. Civil Registry Record. - The adoption shall be recorded in the local civil
register and shall be annotated on the record of birth, and the same shall entitle the
adopted person to the issuance of an amended certificate of birth.
Article 38. Confidential Nature of Proceedings and Records. - All hearings in
adoption cases shall be confidential and shall not be open to the public. All records,
books and papers relating to the adoption cases in the files of the court, of the
Department of Social Welfare, and of any other agency or institution participating in
the adoption proceedings, shall be kept strictly confidential.
Subject to the provisions of Article 7, in any case in which information from such
records, books and papers is needed, the person or agency requesting the release of
the information may file a petition to the court which entered the decree of adoption
for its release. If the court finds that the disclosure of the information is necessary for
purposes connected with or arising out of the adoption and will be for the best
interests of the child, the court may permit the necessary information to be released,
restricting the purposes for which it may be used.
Article 39. Effects of Adoption. - The adoption shall:
1. Give to the adopted person the same rights and duties as if he were a
legitimate child of the adopter: Provided, That an adopted child cannot acquire
Philippine citizenship by virtue of such adoption; lawphi1.net
2. Dissolve the authority vested in the natural parent or parents, except where
the adopter is the spouse of the surviving natural parent;
42
3. Entitle the adopted person to use the adopter's surname; and
4. Make the adopted person a legal heir of the adopter: Provided, That if the
adopter is survived by legitimate parents or ascendants and by an adopted
person, the latter shall not have more successional rights than an
acknowledged natural child: Provided, further, That any property received
gratuitously by the adopted from the adopter shall revert to the adopter should
the former predecease the latter without legitimate issue unless the adopted
has, during his lifetime, alienated such property: Provided, finally, That in the
last case, should the adopted leave no property other than that received from
the adopter, and he is survived by illegitimate issue or a spouse, such
illegitimate issue collectively or the spouse shall receive one-fourth of such
property; if the adopted is survived by illegitimate issue and a spouse, then the
former collectively shall receive one-fourth and the latter also one-fourth, the
rest in any case reverting to the adopter, observing in the case of the
illegitimate issue the proportion provided for in Article 895 of the Civil Code.
The adopter shall not be a legal heir of the adopted person, whose parents by nature
shall inherit from him, except that if the latter are both dead, the adopting parent or
parents take the place of the natural parents in the line of succession, whether testate
or interstate.
Article 40. Rescission by Adopted. - The adopted person or the Department of Social
Welfare or any duly licensed child placement agency if the adopted is still a minor or
otherwise incapacitated, may ask for the rescission of the adoption on the same
grounds that cause the loss of parental authority under the Civil Code.
Article 41. Revocation by Adopter - The adopter may petition the court for the
revocation of the adoption in any of these cases:
1. If the adopted person has attempted against the life of the adopter and/or his
spouse;
2. When the adopted minor has abandoned the home of the adopter for more
than three years and efforts have been exhausted to locate the minor within the
stated period;
3. When by other acts the adopted person has definitely repudiated the
adoption.
Article 42. Effects of Rescission or Revocation. - Where the adopted minor has not
reached the age of majority at the time of the revocation or rescission referred to in
the next preceding articles, the court in the same proceeding shall determine whether
he should be returned to the parental authority of his natural parents or remitted to the
Department of Social Welfare or any duly licensed child placement agency or whether
a guardian over his person and property should be appointed.
Where the adopted child has reached the age of majority, the revocation or rescission,
if and when granted by the court, shall release him from all obligations to his adopting
parents and shall extinguish all his rights against them: Provided, That if the said
adopted person is physically or mentally handicapped as to need a guardian over his
person or property, or both, the court may appoint a guardian in accordance with the
provisions of existing law.
In all cases of revocation or rescission, the adopted shall lose the right to continue
using the adopter's surname and the court shall order the amendment of the records in
the Civil Register in accordance with its decision.
43
APPLICATION
True or False; Answer the following question, put T in the space provided if the
statement is correct, put F if the statement is wrong. Your answer must be in capital
letter.
______________1. It shall be the duty of the Department of Social Welfare to make a
case study of every child who is the subject of guardianship.
______________2. The dependent, abandoned or neglected child may be transferred
to the care of the Department of Interior and Local Government.
______________3. The adopted person is allowed to use the adopter's surname.
_____________4. The adopter may petition the court for the revocation of the
adoption in any of the following circumstances.
______________5. All hearings in adoption cases shall not be confidential and shall
be open to the public.
44
Well done! You have just finished Lesson 4 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 5 of this module which
will discuss about Liabilities of Parents
LESSON 5 MODULE 2
LIABILITIES OF PARENTS
INTRODUCTION
Hello! Welcome to lesson 5 of second module. In this lesson, you will learn
the liabilities of a parent. Sometimes, we can see in the news or in some places some
child who were abandoned or neglected by their parents. Do you think their parents
are liable for doing this to their children? Keep on reading to find out!
ACTIVITY
1. What do you think is the penalty if the parent held liable for abandoning his child?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
2. Base on your observation, what are the common reasons why a parent abandoned
their child?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ANALYSIS
1. Is abandonment legal?
_________________________________________________________
_________________________________________________________
45
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
Liabilities of Parents
Article 58. Torts. - Parents and guardians are responsible for the damage caused by
the child under their parental authority in accordance with the Civil Code.
Article 59. Crimes. - Criminal liability shall attach to any 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 as required
by Article 72.
6. Causes, abates, or permits the truancy of the child from the school where he
is enrolled. "Truancy" as here used means absence without cause for more
than twenty schooldays, not necessarily consecutive.
7. It shall be the duty of the teacher in charge to report to the parents the
absences of the child the moment these exceed five schooldays.
8. 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.
9. Inflicts cruel and unusual punishment upon the child or deliberately subjects
him to indignation and other excessive chastisement that embarrass or
humiliate him.
10. Causes or encourages the child to lead an immoral or dissolute life.
11. Permits the child to possess, handle or carry a deadly weapon, regardless
of its ownership.
12. 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.
"Parents" as here used shall include the guardian and the head of the institution or
foster home which has custody of the child.
Article 60. Penalty. - The act 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, at the discretion of the Court, unless a higher penalty is provided for in
the Revised Penal Code or special laws, without prejudice to actions for the
involuntary commitment of the child under Title VIII of this Code.
46
APPLICATION
Make a reflection paper about the importance of Art. 59 of PD 603.
You have completed the second module of Juvenile Delinquency & Justice
System covering Delinquency. Key points covered in the module include:
However, Presidential Decree 603 “The Child and Youth Welfare Code”
provides the rights of a child and the parents. This law protects the child by imposing
penalty to a parent if he or she did something wrong to his child or told his/her child
to wrong. It has also important provision to adoption which strictly allows only those
who are qualified to adopt. This law ensures that the child will be place in a good
guardianship.
MODULE 2
MODULE ASSESSMENT
48
1. X has a son Y. They belong to poor family and are living in a squatter area. One
day, X lost his job and got no money to buy food. At that night, they both feel very
hungry because they haven’t yet eaten the whole day. So, X told Y to steal food in
Nenong’s Store and Y did it. Y brought 2 kilos of rice and plenty of can goods.
Question: In the given situation, Does X has Liability? Justify your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________
2. Refer to the situation in item number 1. Provide that X has liability and was put
into jail. After several years, he became an ex-convict. He now realized that he should
not do the same thing again because the life of a prisoner is very hard.
Question: Does the situation show General deterrence? Justify your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________
3. Refer to the situation in item number 1. Provide that X has liability and was put
into jail. After several years, he became an ex-convict. His neighbors realized that
they should do the same thing like what X did because they don’t want to suffer in
jail.
Question: Does this situation shows Specific deterrence? Justify your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________
MODULE 2
REFERENCES
Books:
The Law Phil Project, Prsedential Decree 603 “ The Child and Youth Welfare
Code” . Available Online. Retrieved August 10, 2020.
49
The Law Phil Project (1992), Republic Act No. 7610 “an act providing for
stronger deterrence and special protection against child abuse, exploitation and
discrimination, and for other purposes”. Available Online. Retrieved August
10, 2020.
Internet:
http://waukeshacriminalattorneys.com/juvenile-delinquency-what-makes-
teenager-commit-a-crime/.
https://lawphil.net/statutes/presdecs/pd1974/pd_603_1974.html
https://www.lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html
MODULE 3
Module Overview
50
IMPORTANT PROVISION OF LAWS
RELATED TO MINORS
INTRODUCTION
Hello! Welcome to module 3. Here, you will learn the important provisions of
RA 7610 (child abuse), RA 9208 (anti-trafficking in persons act), RA 9231 (the law
prohibiting the worst forms of child labor), RA 9262 (anti violence against woman an
d their children) and RA 9344 (juvenile justice and welfare act), the laws that give
protection and welfare to a child.
LESSON 1 MODULE 3
51
INTRODUCTION
Hello! Welcome to lesson one of the third module. In this lesson you will
learn the important provisions or RA 7610 (Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act of 1992). When we hear the word
child abuse, we commonly think that the child was harmed physically, that he
receives physical injury from other. But in this lesson, we will learn the broader
meaning of child abuse. So, keep on reading to learn more.
ACTIVITY
Give at least 5 examples of acts which falls child abuse. Write it inside
the box.
ANALYSIS
* What is child abuse?
_________________________________________________________
_________________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
IMPORTANT PROVISIONS OF RA 7610
52
- this law is also commonly referred to as the Anti-Child Abuse Act
CHILD ABUSE
- refers to maltreatment, whether habitual or not, of the child
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
53
- 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
Dependent Child
A person who is without a parent, guardian or custodian, or whose parents, guardian
or custodian for good cause desires to be relieved of his care and custody, and is
dependent upon the public for support.
Abandoned Child
A person who has no proper parental care or guardianship, or whose parents or
guardian has deserted him for a period of at least six continuous months.
Neglected Child
A person whose basic needs have been deliberately unattended to or inadequately
attended to, physically or emotionally, by his parents or guardians.
Physical Neglect
It occurs when the child is malnourished, ill clad and without proper shelter.
Emotional Neglect
It occurs when a child is raped, seduced, maltreated, exploited, overworked or made
to work under streets or public places, or when placed in moral danger, or exposed to
drugs, alcohol, gambling, prostitution and other vices.
Disabled Child
It includes mentally retarded, physically handicapped, emotionally disturbed and
mentally ill children, children with cerebral palsy and those inflicted with similar
afflictions.
Mentally Retarded Child
A person who is (a) socially incompetent, that is, socially inadequate, occupationally
incompetent and unable to manage his own affairs; (b) mentally subnormal; (c)
intellectually retarded from birth or early age; (d) retarded at maturity; (5) mentally
deficient as a result of constitutional origin through heredity or diseases or (6)
essentially incurable.
Physically Handicapped Child
54
A person who is crippled, deaf-mute, or otherwise, suffers from a defect which
restricts his means of action or communication with others.
Emotionally Disturbed Child
A person who, although not afflicted with insanity or mental defect, is unable to
maintain normal social relations with others and the community in general due to
emotional problems or complexes.
Mentally Ill Child
A person who have behavioral disorder, whether functional or organic, which is of
such a degree of severity as to require professional help or hospitalization.
APPLICATION
1. Make a comic story depicting child abuse.
Well done! You have just finished Lesson 1 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 2 of this module which
will discuss about Important Provisions of RA 9208.
LESSON 2 MODULE 3
55
IMPORTANT PROVISIONS OF RA 9208
INTRODUCTION
Hello! Welcome to lesson 2 of the third module. Here you will learn the
important provision of RA 9208 (Anti-Trafficking in Person Act of 2003). When you
the word trafficking, do you also think of the word transfer of person to another
place? Good! But what do you think are the means? Keep on reading to learn more.
ACTIVITY
In your own opinion, what would be the possible way to stop or lessen
human trafficking? Elaborate your answer Write it inside the box.
ANALYSIS
*What is Trafficking in person?
_________________________________________________________
_________________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
IMPORTANT PROVISIONS OF RA 9208
56
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
SEX TOURISM
- 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
- 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
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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.
APPLICATION
Make a Comic story of the following:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
2. Trafficking in Person
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
3. Sex Tourism
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Well done! You have just finished Lesson 2 of this module. Should there be
any part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 3 of this module which
will discuss about Important Provision of RA 9231.
LESSON 3 MODULE 3
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IMPORTANT PROVISION OF RA 9231
INTRODUCTION
Hello! Welcome to lesson 3 of the third module. In this lesson, you will learn
the important provision of RA 9231 (The Law Prohibiting the Worst Forms of Child
Labor). Are minors allowed to be employed? If yes, at what age? What will be the
specific number of hours? Keep on reading to find out!
ACTIVITY
In your own opinion, do you agree in allowing children to be
employed? Justify your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ANALYSIS
Who shall secure the working permit of a working child?
_________________________________________________________
_________________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
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IMPORTANT PROVISIONS OF RA 9231
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
WORKING HOURS
(1) A child below fifteen (15) years of age may be allowed to work for not
more than twenty (20) hours a week: Provided, That the work shall not be
more than four (4) hours at any given day;
"(2) A child fifteen (15) years of age but below eighteen (18) shall not be
allowed to work for more than eight (8) hours a day, and in no case beyond
forty (40) hours a week;
"(3) No child below fifteen (15) years of age shall be allowed to work between
eight o'clock in the evening and six o'clock in the morning of the following
day and no child fifteen (15) years of age but below eighteen (18) shall be
allowed to work between ten o'clock in the evening and six o'clock in the
morning of the following day."
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The wages, salaries, earnings and other income of the working child shall
belong to him/her in ownership and shall be set aside primarily for his/her support,
education or skills acquisition and secondarily to the collective needs of the
family: Provided, That not more than twenty percent (20%) of the child's income may
be used for the collective needs of the family.
No child shall be engaged in the worst forms of child labor. The phrase "worst forms
of child labor" shall refer to any of the following:
"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act
of 2003", or practices similar to slavery such as sale and trafficking of
children, debt bondage and serfdom and forced or compulsory labor, including
recruitment of children for use in armed conflict; or
"(2) The use, procuring, offering or exposing of a child for prostitution, for the
production of pornography or for pornographic performances; or
"(3) The use, procuring or offering of a child for illegal or illicit activities,
including the production and trafficking of dangerous drugs and volatile
substances prohibited under existing laws; or
(4) Work which, by its nature or the circumstances in which it is carried out, is
hazardous or likely to be harmful to the health, safety or morals of children,
such that it:
"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being; or
"d) Involves the use of dangerous machinery, equipment and tools such as power-
driven or explosive power-actuated tools; or
"e) Exposes the child to physical danger such as, but not limited to the dangerous
feats of balancing, physical strength or contortion, or which requires the manual
transport of heavy loads; or
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"h) Exposes the child to biological agents such as bacteria, fungi, viruses,
protozoans, nematodes and other parasites; or
APPLICATION
1. Make a reflective essay about of RA 9231.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Well done! You have just finished Lesson 3 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 4 of this module which
will discuss about Important Provision of RA 9262.
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LESSON 4 MODULE 3
INTRODUCTION
Hello! Welcome to lesson 4 of this module. In this lesson, you will learn the
important provision of RA 9262 (Anti-Violence Against Women and Their Children
Act of 2004). A child must grow in a happy family full of love and care. This Law is
created to protect women and their children. Keep on reading to learn more.
ACTIVITY
1. What is violence against women and their children?
_________________________________________________________
_________________________________________________________
_________________________________________________________
2. What is battery under RA9262?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
3. Explain Physical Violence.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
ANALYSIS
*What is RA 9262 all about?
_________________________________________________________
_________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
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ABSTRACTION
IMPORTANT PROVISIONS OF RA 9262
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.
Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:
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(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(1) Threatening to deprive or actually depriving the woman or her child of custody
to her/his family;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose
of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her child
or her/his immediate family;
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her
child;
(3) Entering or remaining in the dwelling or on the property of the woman or her
child against her/his will;
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(4) Destroying the property and personal belongings or inflicting harm to animals
or pets of the woman or her child; and
APPLICATION
1. A is playing basketball with his friend. A pass the ball to his teammate B but B
didn’t catch it. The ball hit a man who is eating. The man gets angry and hit A with a
plastic chair. Is the man liable under RA 9262? Justify your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Well done! You have just finished Lesson 4 of this module. Should there be any
part of the lesson which you need clarification, please feel free to ask me, your
instructor. Now if you are ready, please proceed to Lesson 5 of this module which
will discuss about Important Provision of RA 9344.
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LESSON 5 MODULE 3
INTRODUCTION
Hello! Welcome to lesson 5 of the third module. Here, you will learn the
important provision of RA 9344 (The Juvenile Justice and Welfare Act of 2006).
When a child committed a crime, is it correct to call him criminal? Does apprehension
of a child also known as arrest? Keep on reading to learn more about this lesson.
ACTIVITY
What do you think is the difference between the justice system of an
adult and child? Write them on the column below.
CHILD ADULT
ANALYSIS
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*Who is child at risk?
_________________________________________________________
_________________________________________________________
*Who is child in conflict with the law?
_____________________________________________________________________
_____________________________________________________________________
*What is the difference between diversion and intervention?
_____________________________________________________________________
_____________________________________________________________________
Feel free to read the abstraction to learn the answers to these reflective
questions.
ABSTRACTION
PHILIPPINE JUVENILE JUSTICE SYSTEM
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
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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
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 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
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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
11) the right to have the records and proceedings involving him be considered
PRIVILEGED AND CONFIDENTIAL
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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
- 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
- includes general measures to promote social justice and equal opportunity,
which tackle perceived root causes of offending
2) SECONDARY INTERVENTION
- includes measures to assist children at risk
3) TERTIARY INTERVENTION
- 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
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
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3) diversion is not appropriate for the child in conflict with the law, based
on the social worker’s recommendations
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
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
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2) mendicancy under PD No 1563
3) sniffing of rugby under PD 1619
APPLICATION
1. Make a flowchart about the juvenile justice system.
Module Summary
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I hope you learn so many things about Juvenile Delinquency & Justice System
God Bless with your next journey!
You have completed the last module of Juvenile Delinquency & Justice
System covering Important Provision of Laws Related to Minors. Key points covered
in the module include:
Delinquency includes all sorts of crimes committed by children.
Starting from the business and use of illegal drugs and homicide
murder, it may include various types of dangerous criminal offences.
Delinquency undoubtedly is a social evil.
It is a socially unacceptable behavior committed by boys and girls
below the age of 18 years. Instead of giving these delinquents
punishment, they are kept in Juvenile jail and correction homes where
various corrective measures are taken to change their behavior in the
positive direction. It is observed that crime and delinquency are
increasing day by day with the increase in population and complexity
of culture. As population increases the small societies become bigger
ones and are found in the form of mass society. But not in all cases,
juveniles are the offender. There are a lot of cases wherein the minors
are the victims.
Therefore, there are several laws created to protect the welfare of a
child. In RA 7610 “an act providing for stronger deterrence and special
protection against child abuse, exploitation and discrimination, and for
other purposes”, minors are protected from any form of abuse like
physical and mental abuse. In this law, any person can be held liable.
Unlike in RA 9262 “an act defining violence against women and their
children, providing for protective measures for victims, prescribing
penalties therefore, and for other purposes” Relationship must be
established firs.
Under RA 9344 “an act providing for the elimination of the worst
forms of child labor and affording stronger protection for the working
child, amending for this purpose republic actno. 7610, as amended,
otherwise known as the "special protection of children against child
abuse, exploitation and discrimination act” it provides the justice
system for the child in conflict with the law.
When a child commits a crime, He is not called criminal but a CICL.
Initial contact is the term used in the apprehension of a CICL and not
arrest. There are also laws that are concern with a working child like
RA 9231 (The Law Prohibiting the Worst Forms of Child Labor). This
law is gives limitation to the nature of work and number of working
hours of a child.
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MODULE 3
MODULE ASSESSMENT
Answer the questions below.
1. X a 45 year old teacher is driving along the Tamaraw St. Davao City when a child
suddenly crosses the road. The teacher was shock and was out of balance which lead
him bump into the wall. Because of his anger, he punches the child several times.
Question: Is X liable under RA 9262? Justify your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
2. Refer to the situation in item number 1. If the child was the son of X, can he be
liable under RA 7610? Justify your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
3. Refer to the situation in item number 1. If the child was the younger brother of X,
Can he be liable for VAWC? Justify your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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MODULE 3
REFERENCES
Books:
The Law Phil Project (1992), Republic Act No. 7610 “an act providing for
stronger deterrence and special protection against child abuse, exploitation and
discrimination, and for other purposes”. Available Online. Retrieved August
10, 2020.
The Law Phil Project, Prsedential Decree 603 “ The Child and Youth Welfare
Code” . Available Online. Retrieved August 10, 2020.
The Law Phil Project, Republic Act 9262, “an act defining violence against
women and their children, providing for protective measures for victims,
prescribing penalties therefore, and for other purposes” Available Online.
Retrieved August 10, 2020.
The Law Phil Project (2003) , Republic Act 9231, “an act providing for the
elimination of the worst forms of child labor and affording stronger protection for
the working child, amending for this purpose republic actno. 7610, as amended,
otherwise known as the "special protection of children against child abuse,
exploitation and discrimination act" Available Online. Retrieved August 10, 2020.
Internet:
http://waukeshacriminalattorneys.com/juvenile-delinquency-what-makes-
teenager-commit-a-crime/.
https://www.lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html
https://www.lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html
https://lawphil.net/statutes/presdecs/pd1974/pd_603_1974.html
https://www.lawphil.net/statutes/repacts/ra2003/ra_9231_2003.html
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