CHAPTER I

JUVENILE DELINQUENCY OVERVIEW

INTRODUCTION

Delinquency is generally thought to mean criminal behavior committed by juveniles under the
legal age of adulthood. Breaking from the tradition of treating children as 'miniature adults, the start of
the twentieth century witnessed a group of of reformers in Chicago create the first juvenile court.The
motivating idea was that children had special needs, and that to treat them like adults violated our
ideals of fairness. The juvenile court was to act as a 'parent' for troubled youth whose own families
could not, or did not, control them.
The doctrine of 'parens patriae' led to profound changes in how juveniles were treated, not
only for the commission of crimes, but also for a range of so-called 'status' offenses (truancy, use of
profanity, sexual precocity, tobacco use, running away, and curfew violations). Although most theories
of delinquency focus on criminal rather than status offenses, versatility is the hallmark of adolescent
misbehavior.
The study of delinquency is based on an understanding of psychopathology, biological factors,
and social circumstances that converge at a given time on an act judged criminal according to the
laws governing the group. These acts could be examined from a perspective on criminology of
difference in which the actor is an object of study, or from a perspective of criminology of process in
which the actor is the subject in the middle of a conflict with the social group. Psychopathology is
based on criminology of difference and offers criminality appropriate methods for the study of
criminals and their crimes.
At the same time, psychopathology and criminology are related by virtue of a parallelism of
constructs whereby symptoms may actually be crimes and vice versa or by associations between
crimes and mental illness that on occasions could be understood to be causal.
Psychopathology, also called abnormal psychology, the study of mental disorders and
unusual or maladaptive behaviors. An understanding of the genesis of mental disorders is critical to
mental health professionals in psychiatry, psychology, and social work.
Any research in the future will develop a gender- specific predictive and prevention models that
will reliably identify the small percentage of youths who account for the most delinquency and crime,
and the youths will most likely to transfer delinquency and crime across generations.
In addition, future theoretical and methodological advances will include a focus on the
interaction between biological/genetic variables and social environments (both naturally occurring and
therapeutically designed) and the results of this interaction on antisocial developmental trajectories
and rates of delinquency and crime.

PHILIPPINES AS A JUVENILE JUSTICE ADVOCATE

As a signatory to the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (The Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile
Delinquency (The Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty and the most importantly the Convention on the Rights of the Child, the
Philippines guarantees the protection of the best interests of the child in accordance with the
standards provided for by these international laws.
In the Philippines, members of Congress had passed bills intended to make laws more
consistent with the Philippines' advocacy on juvenile justice. As much as the Philippines should be
concerned with a juvenile justice system in harmony with international policies, the dominant goal is
to achieve a standard national policy on CICL rather than an accurate reproduction of an international
model on CICL.
R.A. No. 9344, institutionalized the promotion of the well-being of child and their families,
involvement of parents and guardians, promotion of diversion, avoiding deprivation of liberty and
protecting the privacy rights of children.
R.A. No. 10630 further emphasized child-sensitive justice policies focused on the best interest
of the child. This principle has been first laid down in the Doha Declaration.

The proposed House Bill (HB) 8858 seeks to lower the minimum age of criminal responsibility from
the current 15 years old to 12 years old. The amendment includes a provision that 12 years old and
above but below 18 years old shall be exempt from liability, except civil liability.
CICL 12 years old and above but below 18 years old and who have been determined to have
acted with discernment shall be subjected to appropriate intervention and diversion proceedings.
These youth offenders should be subjected to a community-based intervention program supervised
by the local social welfare and development officer.
Cebu Archbishop Jose Palma, like other Catholic prelates, disapproves of the proposal, saying
a simple solution will not work for complex ideologies and said:
"Perhaps the solution is in addressing the issue from other perspectives rather than just giving a
simplistic answer as if when you lower the age, automatically all the children will try to be good,"

HERE ARE THE HIGHLIGHTS OF HB 8858:

CICL who are less than 18 years old at the time of the offense are exempt from criminal liability, but
would be "subjected to an intervention program. This does not exempt them from civil liability though.

But if it is proven that the CICL acted with discernment, they would be subjected to the "appropriate
intervention and diversion" proceedings.

If the CICL who committed the offense are below 12 years old, they would be brought back to the
custody of their parents or guardians. The CICL would then undergo a community-based intervention
program conducted by a local social welfare officer.

The penalty to be imposed upon CICL would always be two degrees lower compared to when an
adult has committed the crime. But if the CICL committed an offense where the punishment is equal
to life imprisonment, they would face only up to 12 years imprisonment.

If the CICL reach 18 years old and still do not reform, that is the only time they would be sent to
agricultural camps or training centers. Upon reaching 25 years old, they would be set free. whether or
not the sentence was completed. These camps will be supervised by the Department of Social
Welfare and Development (DSWD), the Bureau of Corrections, and the Technical Education and
Skills Development Authority.

At least two agricultural training facilities and two technical training centers would be put up in Luzon,
the Visayas, and Mindanao, with separate facilities for males and females. Funding is guaranteed
under the annual national budget.
Jurisdiction over the Bahay Pag-asa is transferred from local government units to the DSWD. The
youth centers would also receive funds under the national budget.

The parents or guardians of the CICL would undergo a mandatory intervention program as well. If
they don't attend, the parents may face 30 days up to 6 months in prison, except for valid reasons.

The parents would be "primarily" liable for the civil damages to be caused by the actions of the CICL,
unless the parents prove in court that they exercised "reasonable supervision" over the CICL to
prevent them from committing the offense.

The exploiters of the CICL would face 12 to 20 years in prison if the crime committed has a
punishment equivalent to 6 years of jail time. If the punishment is more than 6 years in prison, the
exploiter would face life imprisonment or up to 40 years in prison.

After the initial intervention program of the CICL, a social welfare worker would assess whether or not
the program is working. This includes identifying physical and mental issues, substance abuse, and
family issues of the CICL.

Throughout the history of its implementation, R.A. No. 9344 and its progeny have been hailed as a
medium of hope for CICL. During such times, the Juvenile Justice System also faced criticism and
difficulty. As such, the Juvenile Justice System of the Philippines is at odds with itself as to whether or
not the present system warrants reconsideration. Today, the Philippines should see this exigency. The
juvenile justice system is a system of last resort. It only receives those youths who have failed, or
been failed by, other societal institutions.

JUVENILE DELINQUENCY

It refers to an anti-social acts or behaviors committed by minors which are contrary to the
norms of the society. It involves oftentimes misdemeanors, but may include also offenses and
felonies.

Take Note: Under RA 9344, juvenile delinquent is now called child-in-conflict with the law. The
use of the word “juvenile” or “juvenile delinquent” or other similar terms against the child is
labeling or shaming punishable under this law.

HISTORY OF JUVENILE DELINQUENCY

1. Code of Hammurabi – Oldest known code for thousand years ago dating from 2270 B.C used
by society to regulate behavior and at the same time punish those who disobeyed the rules.
The main principle of this Code was that: “the strong shall not injure the weak”. It established a
social order based on individual rights. It is the origin of the legal principle of lex talionis, that
is, an eye for an eye.
 In 1641, General Court of Massachusetts passed the Stubborn Child Law, which stated that
children who disobeyed their parents could be put to death.

2. Roman Law and Canon (Church) law – Approximately two thousand years ago, made
distinction between juveniles
and adults based on the notion “age of responsibility”
3. Ancient Jewish Law – The Talmud specified condition under which immaturity was to be
considered in imposing punishment. There was no corporal punishment prior to puberty, which
was considered to be the age of twelve for females and thirteen for males. No capital
punishment is to be imposed on those offenders under twenty years of age. Similar leniency
was found among Moslems, where children under the age of seventeen were typically exempt
from the death penalty.

4. Codification of Roman Law – In 5th century B.C., this law resulted in the “Twelve Tables”,
which made it clear that children were criminally responsible for violation of law and were to be
dealt with by same criminal justice system as adults.

Children came to be classified as “infans,” “proximus infantiae.” In general. “infans” were not
held criminally responsible, but those approaching puberty who knew the difference between
right and wrong were held accountable.

For much of Roman history, “infantia” meant the inability to speak, but in the fifth century A.D.
this age is fixed at seven years and children under that age were exempt from criminal liability.
The legal age of puberty was fixed at fourteen for boys and twelve for girls: youth above these
ages were held criminally liable. For children between the ages seven and puberty, liability was
based on their capacity to understand the difference between right and wrong.

5. Anglo Saxon Common Law (Law based on custom or usage) - The distinction made
between adult and juvenile offenders in England at this time are most significant. Under
common law, children under the age of seven were presumed incapable of forming criminal
intent and therefore were not subject to criminal sanctions. Children between seven and
fourteen were not subject to criminal sanctions unless it could be demonstrated that they had
formed criminal intent, understood the consequences of their actions, and could distinguish
right from wrong (Blackstone 1803, 22-24). Children over fourteen were treated much the
same as adults.

6. Chancery or equity courts – Created by the king of England, under the guidance of King’s
chancellor.
Chancery courts were created to consider petitions of those who needed special aid or
intervention, such as woman and children who needed protection and aid because of divorce,
the death of a spouse, or abandonment, and to grant relief to such persons. Through the
chancery courts, the king exercise the right of parens patria (parents of the country) by
enabling these courts to act in loco parentis (in the place of parents) to provide necessary
services for the benefit of women and children. In other words, the king, as ruler of his country,
was to assume responsibility for all those under his rule, to provide parental care for children
who had no parents, and to assist women who required aid for any of the reasons mentioned
above.
Although chancery courts did not normally deal with youthful offenders, they did deal with
dependent or neglected youth as do juvenile courts in the Unites States today. The principle of
parens patriae later became central to development of juvenile court in America.

7. Law of King Aethelstan (924-939 A.D) – Old English law provided penalties for children. Any
thief over 12 years old received a punishment of death if he stole more than 12 pence, (later
 the amount was reduced to 8 pence). However, with the passage of time the law was eased for
children, and no one under sis teen years could be put to death unless he resisted or run
away.

8. Statute of Artificers (1562) – Stated that children of paupers could be involuntarily separated
from their parents and apprenticed to others.

9. Poor Law Act of 1601 – Provided for involuntary separation of children from their
impoverished parents, and these children were then placed in bondage to local residents as
apprentices.
Statute of Artificers and Poor Law Act of 1601 were placed in bondage to local residents as
apprentices.

PERSONALITIES
1. Pope Clement XI – In 1704 in Rome, established the Hospital of St. Michael’s, the first
institution for the treatment of juvenile offenders. The stated purpose of the hospital was to
correct and instruct unruly youth so they might become useful citizens.
2. Robert Young – In 1788 established the first private, separate institution for youthful
offenders in England. The goal of the institution was to educate and instruct in some useful
trade or occupation the children of convicts or such other infant poor as engaged in a
vagrant and criminal course of life.
3. Albert K. Cohen – The first man who attempted to find out the process of beginning of the
delinquent subculture.

Kingwood Reformatory – This was established for the confinement of the “hordes of unruly children
who infested the streets of new industrial towns” of England.

New York Committee on Pauperism – In 1818, the committee gave the term “Juvenile Delinquency”
Its first public recognition by referring it as a major cause of pauperism.

1899 – The first Juvenile or “family” court was established in Cook County Illinois.

1899 – 1967 – This has been referred to as the era of “socialized juvenile justice”.

House of Corrections for Juvenile Delinquent

1. Bridewells
It was the first houses of corrections in England. They confined both children and adults
considered to be idle and disorderly.

2. Hospice of San Michele

Saint Michael was established in 1704. John Howard, a reformer, brought to England from
Rome a model of the first institution for treating juvenile offenders. He was often thought of as
the father of prison reform.

3. House of Refuge
It was situated in New York in 1825. It was opened to house juvenile delinquents, who were
defined in its charter as "youths convicted of criminal offenses or found in vagrancy." By the
 middle of the nineteenth century many states either built reform schools or converted their
houses of refuge to reform schools. The reform schools emphasized formal schooling, but they
also retained large workshops and continued the contract system of labor.

SIGNIFICANT CASES CONCERNING JUVENILE DELINQUENCY

In re: Winship
It established proof beyond a reasonable doubt as the standard for juvenile adjudication proceedings,
eliminating lesser standards such as a preponderance of the evidence, clear and convincing proof
and reasonable proof. They established that a jury trial is not a required part of due process in the
adjudication of the youth as delinquent by a juvenile court.

Breed v. Jones
It recognized that a juvenile cannot be adjudicated in a juvenile court and then tried for the same
offense in an adult criminal court (double jeopardy).

Kent v. United States

It provided the procedural requirements for waiver to criminal court as articulated by the U.S.
Supreme Court.

In re Gault (1967)
The Court held that juvenile courts must provide the basic procedural protection that the Bill of Rights
guarantee to adults, including timely advance notice of the charges, the right to either retained or
appointed counsel, confrontation and cross-examination of adverse witnesses, self-incrimination, and
the right to remain silent. The opinion also rejected the basic premise of juvenile court actions: that
the proceedings are civil in nature and those minors' rights are adequately protected by the judges
acting as substitute parents.

1977, American Bar Association

It endorsed decriminalization of status offenses, urging that juvenile delinquency liability should
include only such conduct as would be designated a crime if committed by an adult. In the 1980s
many training schools and high-security institutions were built in rural areas or close to small rural
towns so the inmates could be trained in agriculture. The hope was that such training would produce
productive citizens.

Schall v. Martin (1984)

The Supreme Court upheld the state's right to place juveniles in preventive detention. Preventive
detention was perceived as fulfilling a legitimate state interest of protecting society and juveniles by
detaining those who might be dangerous to society or to themselves.

Types of Delinquent Youth

1. Social – an aggressive youth who resents the authority of anyone who make an effort to
control his behavior.

2. Neurotic – he has internalized his conflicts and preoccupied with his own feelings.
 3. Asocial – his delinquent at has a cold, brutal, fictious quality for which the youth feel no
humors.

4. Accidental – he is less identifiable in his character, essentially socialize law abiding but too
happens to be at the wrong place at the wrong time and becomes involved in some delinquent
act not typical of his general behavior.

STAGES OF DELINQUENCY

1. EMERGENCE - The child begins with petty larceny between 8 and sometime during the
12th year.

2. EXPLORATION - He or she may then move on to shoplifting and vandalism between ages
12 to 14.

3. EXPLOSION - At age 13, there is a substantial increase in variety and seriousness.

4. CONFLAGRATION - At around 15, four or more types of crime are added.

5. OUTBURST -It happened when the delinquent behavior of the child continued to adulthood
and will progress to more sophisticated or more violent forms of criminal behavior.

CLASSIFICATION OF DELINQUENCY

1. UNSOCIALIZED AGGRESSION – rejected or abandoned, no parents to imitate and become

aggressive.
2. SOCIALIZED DELINQUENCY – membership in fraternities or groups that advocate bad
things.
3. OVER-INHIBITED – group secretly trained to do illegal activities like marijuana cultivation.

DIFFERENT APPROACH TOWARD DELINQUENCY

1. BIOGENIC APPROACH
Biogenic views the law-breaker as a person whose misconduct is the result of faulty biology. The
offender is a hereditary defective, and suffers from endocrine imbalance or brain pathology, his or her
body structure and temperament pattern have produced the law breaking.

2. PSYCHOGENIC APPROACH
It tells us that the offender behaves as she or he does in response to psychological pathology of
some kind. The critical causal factors in delinquency are – personality problems, to which juvenile
misbehavior is presumed to be a response.

3. SOCIOGENIC APPROACH
Sociogenic attributes the variations in delinquency patterns to influence social structures. They
account for individual offenders by reference process, which goes on in youth gangs, stigmatizing
contacts with social control agencies, and other variables of that time.
CAUSES OF BEHAVIORAL DISORDERS

1. PREDISPOSING FACTOR
Inclinations or inherited propensities, which cannot be, considered a criminal one unless there is a
probability that a crime will be committed.

2. PRECIPITATING FACTOR
Elements which provoke crimes or factors that are signified to the everyday adjustments of an
individual, like personal problems, necessities, imitation, curiosity, ignorance, and diseases.

FACTORS AFFECTING JUVENILE DELINQUENCY

1. Individual Risk Factors

Individual psychological or behavioral risk factors that may make offending more likely include
intelligence, impulsiveness or the inability to delay gratification, aggression, empathy, and
restlessness. Children with low intelligence are likely to do worse in school. This may increase the
chances of offending because low educational attainment, a low attachment to school, and low
educational aspirations are all risk factors for offending in themselves. Children who perform poorly at
school are also more likely to truant, which is also linked to offending.

2. Family
The family is the first and the basic institution in our society for developing the child’s potential, in all
its many aspects like emotional, intellectual, moral, and spiritual as well as physical and social. It is
within the family that the child must learn to curb his desires and to accept rules that define the time,
place and circumstances under acceptable ways. The following are some of the causes why some of
the child becomes juvenile delinquent as influence their own family;
a. the faulty development of a child
b. lack of parental guidance
c. lack of love and the instinct of hate or anger due to unfair treatment
d. parental rejection
e. broken home
f. parental abuse or neglect
g. criminal parents or siblings

Take Note: Home is referred to as the “cradle of human personality”.

3. Environment
It is where the child influences after his first highly formative years. Youth in the community turns to
become delinquent with companions. Youth today accuse those ahead of them for failure to define
how to live both honorably and successfully in a world that is changing too rapidly for anyone to
comprehend. Together they now become a victim of their own environment, their attitudes, dress,
taste, ambitions, behavior are imitated or have been already influence by those anti-social acts
recognized in their environment. Some of these causes are the following:
a. associations with criminal groups/gangs
b. alcoholism and drug addiction
c. impulse of fear
d. crime inducing situation that caused criminalistic tendencies
e. imitated instinct like selfishness, violence and anti-social wishes.
THREE TYPES OF DELINQUENT GANGS BY CLOWARD AND OHLIN
A. The Criminal Gang
Emerge in areas where conventional as well as non-conventional values of behavior are
integrated by a close connection of illegitimate and legitimate businesses. This type of gang is
stable than the ones to follow. Older criminals serve as role models and they teach necessary
criminal skills to the youngsters.

B. The conflict/violent gang

Non-stable and non-integrated, where there is an absence of criminal organization resulting in
instability. This gang aims to find reputation for toughness and destructive violence.

C. The Retreatist Gang

Is equally unsuccessful in legitimate as well as illegitimate means. They are known as double
failures, thus retreating into a world of sex, drugs, and alcohol.

4. School
A public instrument for training young people. It is more directly accessible to change through the
development of new resources and policies. And since it is a principal institution for development of a
basic commitment by young people to the goals and values of our society, it is imperative that it be
provided with the resources to compete with illegitimate attraction for young people’s allegiance.

5. Other Department or Agencies of the Government

Some of the department and agencies of the government also create factors that influence the youth
to become delinquent, such as the following:
a. political interference of the higher positions
b. unfair decisions of the court
c. police carelessness and unfair treatment
d. influence from the newspapers, movies, tv, radio, comic, and another magazine

CHAPTER II

THEORIES OF DELINQUENCY

1. Social Disorganization Theory - It was recognized early in the twentieth century by

sociologist Clifford Shaw and Henry Mckay. According to social disorganization theory,
disorganized areas cannot exert social control over acting-out youth; these areas can be
identified by their relatively high level of change, fear, instability, incivility, poverty, and
deterioration, and these factors have a direct influence on the area’s delinquency rate.

2. Anomie Theory - Advocated by Emile Durkheim, anomie is normlessness produced by rapidly

shifting moral values, this occurs when personal goals cannot be achieved using available
means.
Anomie refers to a breakdown of social norms and it is a condition where norms no longer control the
activities of members in society. Individuals cannot find their place in society without clear rules to
help guide them. Changing conditions as well as adjustments in life leads to dissatisfaction, conflict,
and deviance.
3. Strain Theory – This theory assumes that children are basically good. Only under pressure do
they deviate. Pressure for deviance comes from their having internalized society’s goals, such
as being successful and wanting to achieve them. But many cannot become successful by
conforming to society’s rules. Out of desperation, they turn to crime.

*According to sociologist Robert Merton, although most people share common values and goals,
the means for legitimate economic and social success are stratified by socio-economic class.
Consequently, these youths may either use deviant methods to achieve their goals or reject socially
accepted goals and substitute deviant ones.

*Albert Cohen, explained why urban, lower-class boys commit delinquency. He began by identifying
the characteristics of delinquents. They are malicious, negativistic, non-utilitarian, versatile, loyal, and
cannot defer gratification. Cohen blames delinquency on (1) frustration experienced by children
because of their low status and (2) their ability to live up to middle–class standards. Delinquency is
the consequence of children expressing their frustration toward middle- class norms and institutions.

* Richard Cloward and Lloyd Ohlin blamed it on the disparity between what children are taught to
want and what is available to them. Children joined delinquent gangs to achieve success, but
because their legitimate path is blocked, they turn to illegitimate means in the form of delinquency
and later on it was called as Differential Opportunity Theory.

4. Class Conflict Theory. According to Richard Quinney and William Chambliss, conflict theory
is based upon the view that the fundamental causes of crime are the social and economic
forces operating within the society. The criminal justice system and criminal law are thought to
be operating in behalf of rich and the powerful social elites, with resulting policies aimed at
controlling the poor. The criminal justice establishment aims at imposing standards of morality
and good behavior created by the powerful on the whole of society. Focus is on separating the
powerful from have nots who would steal from others and protecting themselves from physical
attacks. In the process the legal rights of poor folks might be ignored. The middle class are
also co-opted; they side with the elites rather than the poor, thinking they might themselves
rise to the top by supporting the status quo.

5. Differential Oppression Theory. John D. Hewitt and Robert Regoli proposed that much
serious juvenile delinquency is a product of the oppression of children by adults, particularly
within the context of family. The maltreatment of children has been found to be highly
correlated with both serious and moderate delinquency as well as other problem behaviors.
This theory argues that adult perception of children forces youths into socially defined and
controlled inferior roles, including the socially constructed “juvenile delinquency” role that
separates youthful and adult offenders for treatment and control.

6. Differential Association Theory. Asserts that criminal behavior is learned primarily within
interpersonal groups and that youths will become delinquent if definitions they have learned
favorable to violating the law exceed definitions favorable to obeying the law within the group.
This theory was introduced by Edwin Sutherland.
7. Social Learning Theory. This theory views that behavior is modeled through observation,
either directly through intimate contact with others, or indirectly through intimate contact with
others, or indirectly through media; interactions that are rewarded are copied, whereas those
that are punished are avoided. The family may serve as a training ground for violence since
the child perceives physical punishment as the norm during conflict situations with others.

8. Drift Theory (Neutralization Theory). It proposed that juveniles sense a moral obligation to
be bound by the law. Such a bind between a person and the law remains in place most of the
time, they argue. When it is not in place, delinquents will drift.

9. Labeling Theory. This theory views that youths may violate the law for a variety of reasons,
including poor family relations, peer pressure, psychological abnormality, and pro-delinquent
learning experiences. Regardless of the cause of individuals’ delinquent behaviors are
detected, the offenders will be given a negative label that can follow them throughout life.
These labels include “troublemaker”, “juvenile delinquent”, “mentally ill”, “junkie” and more.

10. Social Control Theory. This perspective states that members in society form bonds with other
members of society or institutions in society such as parents, pro-social friends, and churches,
schools, teachers, and sports teams. The social bonds include the ties and affection that
develop between children and key people in their lives; commitment to social norms of
behavior and to succeed in regards to such values as getting good education, a good job and
being successful; involvement in activities; and finally, that most persons are brought up to
believe in and respect the law.

11. Self-derogation Theory. Introduced by Kaplan states that all motivated to maximize our self-
esteem, motivation to conform will be minimized by family, school and peer interactions that
devalue our sense of self, interactions and behavior may be self-defacing or self-enhancing.

12. Interactional Theory. Originated by Terrence Thornberry, viewed the weakening of a child’s
social bond as the fundamental cause of delinquency. The theory examined the changing
nature of relationships over the life course. It emphasized the reciprocal nature between many
of the variables used to explain delinquency.

13. Self-control Theory. In short, self-control theory suggests that deviance simply results from
the individual’s inability to effectively control his/her impulses. Self-control theory argues that it
is the absence of self-control rather than the presence of some force or factor such as poverty,
anomie, opportunities for deviance, delinquent peers, exposure to definitions favorable to
deviance, etc. that leads to deviance.

14. Culture Deviance Theory. Links delinquent acts to the formation of independent subcultures
with a unique set of values that clash with the mainstream culture. This theory argues that
children learn deviant behavior socially through exposure to others and modeling others’
actions.

15. Structural Functionalism Theory. Some social structures exert definite pressure upon certain
persons in society to engage in non-conforming rather than conforming behavior. These
structural and ideological dreams can cause great distress for those who cannot reach these
 goals. Juveniles who engage in crimes do so, according to these perspectives, as a means to
defy societies defined goals and innovate their own goals of delinquent behavior

16. Rational Choice Theory. They argue in many cases, deviance is a result of highly calculation
of risks and awards. Prospective deviants weigh their own chance of gain against the risk of
getting caught, and thereby decide a course of action.

Juveniles however do not always choose the most rational actions. Their values are different
from adults and their motives are different from an of adult criminal. Adolescents are also
notorious for not thinking before they act. These actions which constitute delinquency may
come as a result of acting against authority, or to rebel against cultural norms and goals.

17. Routine Activities Theory. This theory viewed that crime is a normal function of the routine
activities of modern living; offenses can be expected if there is a motivated offender and
suitable target that is not protected by capable guardians.
The routine activities approach gives equal weight to the role of both the victim and the
offender in the crime process. Criminal opportunity is significantly influenced by the victim’s
lifestyle and behavior. The greater the opportunity for criminals and victims to interact, the
greater the probability of crime; reduce

18. Learning Theory. Posts that delinquency is learned through close relationships with others; it
asserts that children are born” good” and learn to be “bad” from others.
Learning theories hold that children living in even the most deteriorated areas can resist
inducements to crime if they have learned proper values and behavior. Delinquency, by
contrast, develops by learning the values and behavior associated by criminal activity.

CHAPTER III
RELATED PHILIPPINE LAWS AFFECTING CHILDREN
• PD 603
It is known as the “Child and Youth Welfare Code”. It was approved on December 10, 1974 and took
effect on June 10, 1975.
• R.A. 6809
Lowering the age of the majority from 21 to 18 years of age.

• RA 9344
It is known as the “Juvenile Justice Welfare Act of 2006”. It was approved on April 28, 2006.

• RA 10630
An act strengthening the Juvenile Justice System in the Philippines, amending for the purpose
Republic Act No. 9344. This law amended the title of Republic Act No. 9344 into “An Act Establishing
a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile Justice and Welfare
Council under the Department of Social Welfare and Development.

• RA 9262
It is known as the “Anti-Violence Against Women and their Children Act of 2004”.
• RA 7610
This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and
Discrimination Act."

• R.A. 8369
The law that established the “Family Court”. *

• R.A. 8552
An act establishing the rules and policies on the domestic adoption of Filipino children or also known
as “Domestic Adoption Act of 1998.”

• R.A. 8043
An act establishing the rules to govern inter-country adoption of Flipino children or also known as
“Inter- Country Adoption Act of 1995.”

• R.A. 6972
Barangay Level Development and Protection of Children Act Creation of a Day-Care Center in every
barangay.

• R.A. 9255
An Act allowing illegitimate children to use the surname of their father amending for purpose Art. 176
of E.O. 209 otherwise known as the “Family Code” of the Philippines.

• REPUBLIC ACT No. 9523

An act requiring certification of the Department of Social Welfare And Development (DSWD) to
declare a "Child Legally Available For Adoption" as a prerequisite for adoption proceedings,
amending for this purpose certain provisions of Republic Act No. 8552, otherwise known as the
Domestic Adoption Act of 1998, Republic Act No. 8043, otherwise known as the Inter-Country
Adoption Act of 1995, Presidential Decree No. 603, otherwise known as the Child and Youth Welfare
Code, and for other purposes.

SALIENT FEATURES OF PD 603

Article 141. Definition of Terms:

1. Dependent Child - one who is without a parent, guardian or custodian; or one whose parents,
guardian or other custodian for good cause desires to be relieved of his care and custody; and is
dependent upon the public for support.

2. Abandoned Child - one who has no proper parental care or guardianship, or whose parents
or guardians have deserted him for a period of at least six (6) continuous months.

Take Note: This provision was further amended by RA 9523 in which Abandoned Child may refer to a
child who has no proper parental care or guardianship, or whose parent(s) have deserted him/her for
a period of at least three (3) continuous months, which includes a founding. “Foundling” means an
infant that has been abandoned by its parents and is discovered and cared for by others.
3. Neglected Child- refers to a child whose basic needs have been deliberately unattended or
inadequately attended within a period of three (3) continuous months. Neglect may occur in two (2)
ways;

(a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A
child is unattended when left by himself/herself without proper provisions and/or without proper
supervision.

(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited,
overworked, or made to work under conditions not conducive to good health; or is made to beg in the
streets or public places; or when children are in moral danger, or exposed to gambling, prostitution,
and other vices.

Art. 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that
is, socially inadequate and occupationally incompetent and unable to manage their own affairs; (2)
mentally subnormal; (3) retarded intellectually from birth or early age; (4) retarded at maturity; (5)
mentally deficient as a result of constitutional origin, through hereditary or disease, and (6) essentially
incurable.

Art. 169. Classification of Mental Retardation. - Mental Retardation is divided into four
classifications:

1. Custodial Group. The members of this classification are severely or profoundly retarded,
hence, the least capable group. This includes those with I.Q.s to 25.
2. Trainable Group. The members of this group consist of those with I.Q.s from about 25 to
about 50; one who belongs to this group shows a mental level and rate of development
which is 1/4 to 1/2 that of the average child, is unable to acquire higher academic skills, but
can usually acquire the basic skills for living to a reasonable degree.
3. Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual
development is approximately 1/2 to 3/4 of that expected of a normal child of the same
chronological age. Many of the educable retardates may reach 5th or 6th grade educational
level and can develop occupational skills which may result in partial or complete economic
independence in adulthood.
4. Borderline or Low Normal Group. This is the highest group of mentally retarded, with
I.Q.s from about 75 to about 89. The members of this classification are only slightly
retarded and they can usually get by in regular classes if they receive some extra help,
guidance and consideration.

Idiot - offensive term in a now disused classification system for somebody with an IQ of about 25 or
under and a mental age of less than 3 years.

Imbecile - former classification system, somebody with an IQ between 25 and 50 and a mental age
of between three and seven years

Insane - Lacking reasonable thought: showing a complete lack of reason or foresight.

 Art. 170. Physically Handicapped Children. - Physically handicapped children are those who are
crippled, deaf-mute, blind, or otherwise defective which restricts their means of action or
communication with others.

Art. 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although
not afflicted with insanity or mental defect, are unable to maintain normal social relations with others
and the community in general due to emotional problems or complexes.

Art. 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether
functional or organic, which is of such a degree of severity as to require professional help or
hospitalization.

IMPORTANT FEATURES OF R.A. NO. 9262

1. Violence against women and their children – refers to any act or a series of acts committed
by any person against a woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom he has a common child, or against
her child whether legitimate or illegitimate, within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It
includes, but is not limited to, the following acts:

• 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. It includes, but is not limited to:
rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the
victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover
to live in the conjugal home or sleep together in the same room with the abuser;
acts causing or attempting to cause the victim to engage in any sexual activity by force, threat
of force, physical or other harm or threat of physical or other harm or coercion;
Prostituting the woman or 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, repeated verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of
the family to which the victim belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.

• Economic abuse – refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other spouse/partner objects
on valid, serious and moral grounds as defined in Article 73 of the Family Code;
 deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
destroying household property;
controlling the victims’ own money or properties or solely controlling the conjugal money or
properties.

2. Battery – refers to an act of inflicting physical harm upon the woman or her child resulting to
the physical and
psychological or emotional distress.

3. Battered Woman Syndrome – refers to a scientifically defined pattern of psychological and

behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

4. 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 or a combination thereof.

5. Dating relationship – refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing basis during
the course of the relationship. A casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating relationship.

6. Sexual relations – refers to a single sexual act which may or may not result in the bearing of a
common child.

7. Children – refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.

SEC. 5. 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:

a. Causing physical harm to the woman or her child;

b. Threatening to cause the woman or her child physical harm;
c. Attempting to cause the woman or her child physical harm;
d. Placing the woman or her child in fear of imminent physical harm;
e. Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her child
has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of
movement or conduct by force or threat of force, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child. This shall include, but not limited to, the
following acts committed with the purpose or effect of controlling or restricting the woman’s or her
child’s movement or conduct:
• Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
• Depriving or threatening to deprive the woman or her children of financial support legally due
her or her
family, or deliberately providing the woman’s children insufficient financial support;
• Depriving or threatening to deprive the woman or her child of a legal right;
• Preventing the woman in engaging in any legitimate profession, occupation, business or
activity or controlling the victim’s own mon4ey or properties, or solely controlling the conjugal or
common money, or properties;

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;
h. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This shall
include, but not be limited to, the following acts:
• Stalking or following the woman or her child in public or private places;
• Peering in the window or lingering outside the residence of the woman or her child;
• Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
• Destroying the property and personal belongingness or inflicting harm to animals or pets of the
woman or her child; and
• Engaging in any form of harassment or violence;

i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the woman’s child/children.

SEC. 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator
to desist from committing acts under Section 5
(a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the
protection order to the applicant on the date of filing after ex parte determination of the basis of the
application. If the Punong Barangay is unavailable to act on the application for a BPO, the application
shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay
Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the
Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective
for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or
Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any
barangay official to effect is personal service.

SEC. 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date of filing of the application after ex parte determination
that such order should be issued. A court may grant in a TPO any, some or all of the reliefs
mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on
the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the
immediate personal service of the TPO on the respondent by the court sheriff who may obtain the
assistance of law enforcement agents for the service. The TPO shall include notice of the date of the
hearing on the merits of the issuance of a PPO.

SEC. 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection
order issued by the court after notice and hearing.
Sec. 23. Bond to Keep the Peace. – The Court may order any person against whom a protection
order is issued to give a bond to keep the peace, to present two sufficient sureties who shall
undertake that such person will not commit the violence sought to be prevented.

Sect. 24. Prescription Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20)
years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

Sec. 25. Public Crime. – Violence against women and their children shall be considered a public
offense which may be prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime.

Sec. 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts
to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense under
the Revised Penal Code.

IMPORTANT FEATURES OF REPUBLIC ACT NO. 7610

Sec. 3. Definition of Terms.

1. Children – refers to persons below eighteen (18) years of age or those over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical mental disability or condition;
2. Child Abuse – refers to the maltreatment, whether habitual or not, of the child which includes
any of the following:
• Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
• Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
• Unreasonable deprivation of his basic needs for survival such as food and shelter; or
• Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.

Section 12. Employment of Children. - Children below fifteen (15) years of age may be employed:
Provided, That the following minimum requirements are present;
a. The employer shall secure for the child a work permit from the Department of Labor and
Employment;
b. The employer shall ensure the protection, health, safety, and morals of the child;
c. The employer shall institute measures to prevent exploitation or dis-crimination taking into
account the system and level of remuneration, and the duration and arrangement of working time;
and
d. The employer shall formulate and implement a continuous program for training and skill
acquisition of the child.
e. The Department of Labor and Employment shall promulgate rules and regulations necessary
for the effective implementation of this section.
SEC. 22. Children as Zones of Peace. - Children are hereby declared as Zones of Peace. It shall be
the responsibility of the State and all other sectors concerned to resolve armed conflict in order to
promote the goal of children as zones of peace. To attain this objective, the following policies shall be
observed:
a. Children shall not be the object of attack and shall be entitled to special respect. They shall be
protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;
b. Children shall not be recruited to become members of the Armed Forces of the Philippines or
its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides,
couriers, or spies;
c. Delivery of basic social services such as education, primary health and emergency relief
services shall be kept unhampered;
d. The safety and protection of those who provide services including those involved in fact-finding
missions from both government and non-government institutions shall be ensured. They shall not be
subjected to undue harassment in the performance of their work;
e. Public infrastructure such as schools, hospitals and rural health units shall not be utilized for
military purposes such as command posts, barracks, detachments, and supply depots; and
f. All appropriate steps shall be taken to facilitate the reunion of families temporarily separated
due to armed conflict.

SEC. 25. Rights of Children Arrested for Reasons Related to Armed Conflict. - Any child who
has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is
entitled to the following rights:
a. Separate detention from adults except where families are accommodated as family units;
b. Immediate free legal assistance;
c. Immediate notice of such arrest to the parents or guardian of the child; and
d. Release of the child on recognizance within twenty-four (24) hours to the custody of the
Department of Social Welfare and Development or any responsible member of the community as
determined by the court.

RELATED TOPICS ON E.O. 209 – THE FAMILY CODE OF THE PHILIPPINES

FAMILY – basic social institution which public policy cherishes and protects. Hence, no suit between
members of the family shall prosper unless compromise between parties has failed.

FAMILY RELATIONS INCLUDE:

1. Between husband and wife
2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters, full or half blood.

MARRIAGE is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the family
and an inviolable social institution whose nature, consequences, and incidents are governed by law
and not subject to stipulation, except that marriage settlement may fix the property relations during
the marriage within the limits provided by the Family Code.
Principles of Marriage
1. Union – Physical and spiritual mating
2. Of one man with one woman – This is monogamy, which is the ideal marriage.
3. Reciprocal Blessing – marriage is a 50-50 proposition
4. Birth – One purpose of marriage is the procreation of children.
5. Rearing – The care of both parents is essential.
6. Education of Children - It is the natural right of parents to educate their children.

Essential Requisites of Marriage

1. Legal capacity of contracting parties who must be male and a female. This means that the
parties must have the necessary age or the necessary consent of parents in certain cases.

Age 18-21 – Needs parental consent

Age 22-25 – Needs parental advice

There must be no impediment caused by a prior existing marriage or by certain relationships by

affinity or consanguinity.

2. Consent freely given in the presence of the solemnizing officer.

FORMAL REQUISITES OF MARRIAGE

1. Authority of Solemnizing Officer
a. Any incumbent member of the judiciary within the court’s jurisdiction.
b. Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his
church or religious sect and registered with the civil registrar general, acting within the
limits granted to him by his church and provided that one of the contracting parties
belongs to the solemnizing officer’s church or religious sect.
c. Any ship captain or airplane chief only in cases of articulo mortis. A marriage in articulo
mortis between passengers or crew members may also be solemnized not only while
the ship is at sea or the plane in flight, but also during stopovers at ports of call.
d. Any military commander of a unit to which a chaplain is assigned, in the absence of the
latter, during a military operation. A military commander of a unit who is a commissioned
officer, shall likewise have the authority to solemnize marriages in articulo mortis
between persons within the zone of military operation, whether members of the armed
forces or civilians.
e. Any consul-general, consul or vice-consul. Marriages between Filipino citizens abroad
may be solemnized and the issuance of the marriage license and the duties of the local
civil registrar and the solemnizing officer with regard to the celebration of marriage shall
be performed by said consular official.
f. Under the Family Code, governors, mayors and ambassadors are not authorized to
perform marriages. However, under the Local Government Code, mayors are now
authorized to perform marriages within their jurisdiction.

2. Valid marriage license. The license shall be valid in any part of the Philippines for a period of
one hundred twenty days from the date of issue, and shall be deemed automatically cancelled at the
expiration of said period if the contracting parties have not made use of it.

No marriage license shall be issued to a widow after three hundred days following the death of her
husband, unless in the meantime she has given birth to a child. he purpose ids to prevent doubtful
paternity.
The following cases are exception from having a license:

a. Marriage in Articulo Mortis. In case either or both of the contracting parties are at the
point of death, the marriage may be solemnized without the necessity of a marriage
license and shall remain valid even if the ailing party subsequently survives.
b. Marriage in remote places. If the residence of either party is so located that there is no
means of transportation to enable such party to appear personally before the local civil
registrar.
c. Marriage of people who have previously cohabited for at least 5 years. No license
shall be necessary for the marriage of a man and a woman who have lived together as
husband and wives for at least five years and without any legal impediment to marry
each other. The contracting parties shall state the foregoing facts in an affidavit before
any person authorized by law to administer oaths.
d. Marriages between pagans or Muslims, who live in non—Christian provinces, and who
are married in accordance with their customs.

3. A marriage ceremony. It shall be held with the appearance of the contracting parties before
the solemnizing officer and their personal declaration that they take each other as husband and wife
in the presence of not less than two witnesses.

Other Consequences of Marriage

a. Marriage emancipates a person from parental authority as to person. As to property,
there is an incomplete emancipation.
b. A husband and a wife can chastise or reprimand each other, but may not inflict force,
except when either catches the other in the act of sexual intercourse with a stranger.
c. The Marriage Privilege Rule. A husband cannot be examined for or against his wife
without her consent; or the wife against her husband without his consent, except in civil
cases by one against the other, or in a criminal case for a crime committed by one
against the other.
d. The Marital Communication Rule. The husband or wife during the marriage or
afterwards, cannot be examined without the consent of the other as to any
communication received in confidence by one from the other during the marriage.
e. A wife should use the husband’s surname.

VOID AND VOIDABLE MARRIAGE

1. Those contracted by any party below eighteen years of age even with the consent of
parents or guardians.
2. Those solemnized by any person not legally authorized to perform marriages unless such
marriages were contracted with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so.
3. Those solemnized without a license
4. Those bigamous or polygamous marriage
5. Those contracted through mistake of one contracting party as to the identity of the other.
6. Those subsequent marriage that are void
7. A marriage by any party who, at the time of celebration, was psychology incapacitated to
comply with the essential marital obligations of marriage, shall likewise be void even if such
incapacity becomes manifest only after its solemnization.
BY REASON OF PUBLIC POLICY

1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil
degree
2. Between step-parents and step-children
3. Between parents-in-law and children-in-law
4. Between the adopting parent and adopted child
5. Between the surviving spouse of the adopting parent and adopted child
6. Between the surviving spouse of the adopted child and the adopter
7. Between an adopted child and a legitimate child of the adopter
8. Between adopted children of the same adopter
9. Between parties where one, with the intention to marry the other, killed the other person’s
spouse, or his own spouse.

PATERNITY AND FILIATIONS

Filiations is the judicial determination of paternity which is the relation of child to father. The filiations
of children may be by nature or by adoption. Natural filiations may be legitimate or illegitimate. While
paternity is the civil status relationship of the father to the child, filiations is the civil status or
relationship of the child to the father.

Legitimate Child is one conceived or born during the marriage of the parents.
Illegitimate Child is one who was conceived and born outside a valid marriage.

Legitimated Child - An illegitimate child who has given the rights of a legitimate child.

Under R.A. No. 9255, Illegitimate children may use the surname of their father if their filiation has
been expressly recognized by the father, either through:
a. record of birth in civil register
b. father’s admission in public document
c. father’s admission in private handwritten document

CHAPTER III
OVERVIEW OF PHILIPPINE JUVENILE JUSTICE SYSTEM THE JUVENILE JUSTICE AND
WELFARE LAW
RA 9344
It is known as the “Juvenile Justice Welfare Act of 2006”. It was approved on April 28, 2006. This
law institutionalized the promotion of the well-being of child and their families, involvement of parents
and guardians, promotion of diversion, avoiding deprivation of liberty and protecting the privacy rights
of children.

RA 10630
An Act Strengthening the Juvenile Justice System in the Philippines, amending for the purpose
Republic Act No. 9344. This law amended the title of Republic Act No. 9344 into “An Act
Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile
justice and Welfare Council under the Department of Social Welfare and Development.” This
further emphasized child-sensitive justice policies focused on the best interest of the child. This
principle has been first laid down in the Doha Declaration.

What is Juvenile Justice Welfare System?

Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice and
Welfare System as a system dealing with children at risk and children in conflict with the law, which
provides child-appropriate proceedings, including programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal growth and development.

Who are considered as Child under RA 9344?

Instead of using the word “juvenile”, Philippine laws made use of the word “child”. As defined in R.A.
No. 9344,
“Child” is a person under the age of eighteen (18) years

Who are considered as Child at Risk?

“Child at Risk” refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances, such as, but not limited to, the following:
• being abused by any person through sexual, physical, psychological, mental, economic or any
other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the
child;
• being exploited including sexually or economically;
• being abandoned or neglected, and after diligent search and inquiry, the parent or guardian
cannot be found;
• coming from a dysfunctional or broken family or without a parent or guardian;
• being out of school;
• being a streetchild;
• being a member of a gang;
• living in a community with a high level of criminality or drug abuse; and
• living in situations of armed conflict.

Who are Child in Conflict with the Law?

“Child in Conflict with the Law” or CICL refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.

What is Offense?
A child can commit an act or omission whether punishable under special laws or the amended
Revised Penal Code which is referred to as an “Offense”.

What is Status Offense?

Under Republic Act 9344, any conduct not considered an offense or not penalized if committed by an
adult but become anti-social or wrong because the offender is a minor

Examples: curfew violations, truancy, parental disobedience and the like.

Take Note: Before R.A. No. 9344 was enacted, Youthful Offender were treated much like adult
offenders as when former President Ferdinand Marcos, Sr. signed into law the Judiciary
Reorganization Act 1980 which abolished the juvenile and domestic relations courts. As such child
offenders were subjected to the same adversarial proceedings as their adult counterparts.
Take Note: Under PD 603 Youthful Offender is the proper term when the child commits crime. But it
was further amended by RA 9344 the proper term for such child who is above 15 but below 18
commit crime is called Child in Conflict with the Law.

What is Diversion?
“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/her social, cultural, economic,
psychological or educational background without resorting to formal court proceedings.

What is Diversion Program?

“Diversion Program” refers to the program that the child in conflict with the law is required to undergo
after he/she is found responsible for an offense without resorting to formal court proceedings.

What is Intervention?
“Intervention” refers to a series of activities which are designed to address issues that caused the
child to commit an offense. It may take the form of an individualized treatment program which may
include counseling, skills training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.

Age of Criminal Responsibility and the Presumption of Minority

What is the Minimum Age of Criminal Responsibility?

A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt
from criminal liability. However, the child shall be subjected to an intervention program pursuant to
Section 20 of this Act.

Take Note: A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of
his/her birthdate.
*A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.

Take Note: Discernment means the capacity of the child at the time of the commission of the offense
to understand the difference between right and wrong and the consequences of the wrongful act.

*The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws

Determination of Age
The child in conflict with the law shall enjoy the presumption of minority. He / She shall enjoy all the
rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older.

Take Note: The age of a child may be determined from the child’s birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these documents, age may be based
on information from the child himself/herself, testimonies of other persons, the physical appearance of
the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved
in his/her favor.

THE PHILIPPINE JUVENILE JUSTICE SYSTEM

What is Juvenile Justice and Welfare Council (JJWC)

A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of
Justice and placed under its administrative supervision. The JJWC shall be chaired by an
undersecretary of the Department of Social Welfare and Development. It shall ensure the effective
implementation of this Act and coordination among the following agencies:

Procedure for Taking the Child into Custody

From the moment a child is taken into custody, the law enforcement officer shall:
• Explain to the child in simple language and in a dialect that he/she can understand why he/she
is being placed under custody and the offense that he/she allegedly committed;
• Inform the child of the reason for such custody and advise the child of his/her constitutional
rights in a language or dialect understood by him/her;
• Properly identify himself/herself and present proper identification to the child;
• Refrain from using vulgar or profane words and from sexually harassing or abusing, or making
sexual advances on the child in conflict with the law;
• Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or
restraint, unless absolutely necessary and only after all other methods of control have been
exhausted and have failed;
• Refrain from subjecting the child in conflict with the law to greater restraint than is necessary
for his/her apprehension;
• Avoid violence or unnecessary force;
• Determine the age of the child pursuant to Section 7 of this Act;
• Immediately but not later than eight (8) hours after apprehension, turn over custody of the child
to the Social Welfare and Development Office or other accredited NGOs, and notify the child's
apprehension. The social welfare and development officer shall explain to the child and the child's
parents/guardians the consequences of the child's act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;
• Take the child immediately to the proper medical and health officer for a thorough physical and
mental examination. The examination results shall be kept confidential unless otherwise ordered by
the Family
Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide
the same;
• Ensure that should detention of the child in conflict with the law be necessary, the child shall be
secured in quarters separate from that of the opposite sex and adult offenders;
• Record the following in the initial investigation:
Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;
That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the
apprehension and the details thereof; and
The exhaustion of measures to determine the age of a child and the precise details of the
physical and medical examination or the failure to submit a child to such examination; and
• Ensure that all statements signed by the child during investigation shall be witnessed by the
child's parents or guardian, social worker, or legal counsel in attendance who shall affix his/her
signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same gender
and shall not be locked up in a detention cell.

SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs
without undergoing court proceedings subject to the conditions herein provided:

• Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local social
welfare and development officer or other members of the LCPC shall conduct mediation, family
conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution
in accordance with the best interest of the child with a view to accomplishing the objectives of
restorative justice and the formulation of a diversion program. The child and his/her family shall be
present in these activities.

• In victimless crimes where the imposable penalty is not more than six (6) years imprisonment,
the local social welfare and development officer shall meet with the child and his/her parents or
guardians for the development of the appropriate diversion and rehabilitation program, in coordination
with the BCPC;

• Where the imposable penalty for the crime committed exceeds six (6) years imprisonment,
diversion measures may be resorted to only by the court.

SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a
preliminary investigation in the following instances: (a) when the child in conflict with the law does not
qualify for diversion: (b) when the child, his/her parents or guardian does not agree to diversion as
specified in Sections 27 and 28; and (c) when considering the assessment and recommendation of
the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict
with the law.

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public
Attorney's Office of such service, as well as the personal information, and place of detention of the
child in conflict with the law.

Upon determination of probable cause by the prosecutor, the information against the child shall be
filed before the Family Court within forty-five (45) days from the start of the preliminary investigation.

SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of
age at the time of the commission of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted from the offense committed.
However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict
with the law under suspended sentence, without
need of application: Provided, however, that suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her
guilt.
Upon suspension of sentence and after considering the various circumstances of the child, the court
shall impose the appropriate disposition measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.

SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social
worker who has custody of the child, the court shall dismiss the case against the child whose
sentence has been suspended and against whom disposition measures have been issued, and shall
order the final discharge of the child if it finds that the objective of the disposition measures have
been fulfilled.

The discharge of the child in conflict with the law shall not affect the civil liability resulting from the
commission of the offense, which shall be enforced in accordance with law.

THE PHILIPPINES’ TREATMENT OF CICL

A. Treatment of Children below the Age of Criminal Responsibility

If it has been determined that the child taken into custody is 15 years old or below, the authority which
will have an initial contact with the child, in coordination with the Local Social Welfare Development
Officer (LSWDO), has the duty to immediately release the child to the custody of his/her parents or
guardian, or in the absence thereof, to the child’s nearest relative. If they cannot be located or they
refuse to take custody of the child, the CICL may be released to any of the following: a duly registered
nongovernmental or religious organization, a barangay official or a member of the Barangay Council
for the Protection of Children (BCPC), LSWDO, or the Department of Social Welfare and
Development (DSWD). Authorities which have initial contact with the child refer to law enforcement
officers or private citizens apprehending or taking custody of the CICL. If the LSWDO determines that
the child is abandoned, neglected or abused by his parents, and the best interest of the child requires
that he/she be placed in a youth care facility or “Bahay Pag-asa”, the child’s parents or guardians
shall execute a written authorization for the voluntary commitment of the child. But if there are no
parents or guardians, or they will not execute it, the LSWDO or the DSWD shall file the proper petition
for involuntary commitment. Only those who are at least 12 years old can be committed to a youth
care facility.

B. Treatment of CICL Depending on Whether They Acted with or without Discernment

The social worker using the discernment assessment tools developed by the DSWD will come up with
an initial assessment which is without prejudice to the preparation of a more comprehensive case
study report. The local social worker can either release or commit the child to a youth care facility if
he/she is 15 years or below or above 15 but below 18 years old but who acted without discernment.
However, if the child is above 15 years old but below 18 and who acted with discernment, diversion
should be implemented.

C. System of Diversion
If the imposable penalty for the crime is not more than six years’ imprisonment, mediation, family
conferencing and conciliation, or other indigenous modes of conflict resolution in consonance with
restorative justice shall be facilitated by the law enforcement officer or Punong Barangay with the
assistance of the LSWDO or members of the BCPC. Both the child and his/her family shall be present
in these activities.
*In victimless crimes where the imposable penalty is not more than six years’ imprisonment, the
LSDO shall develop an appropriate diversion and rehabilitation program, in coordination with the
BCPC. Again, involvement of the child and his/her parents or guardians is a must.

*Where the imposable penalty for the crime committed exceeds six years’ imprisonment, diversion
measures will only be decided by the courts.

*The diversion program shall cover socio-cultural and psychological services for the child which may
include: reparation of the damage caused, counselling, participation in available community-based
programs, or in education, vocation and life skills programs.

*At the level of the appropriate court, in addition to the programs cited, diversion programs can also
include reprimand, fine or institutional care and custody.

*A diversion program will depend on the individual characteristics and the peculiar circumstances of
the CICL. Some of these factors are: the child’s feelings of remorse; the ability of the parents or the
guardians to supervise, the victim’s view; and, the availability of community-based programs for
rehabilitation and reintegration of the child.

*In case of failure to comply with the terms and conditions of the contract of diversion as certified by
the LSWDO the offended party can institute the appropriate legal action. Also, if no diversion took
place because the imposable penalty exceeds six years, or the child or his/her parents does not
consent to diversion, the case shall be filed according to the regular processes.

D. Release on Recognizance
Where a child is detained, the court shall order the release of the minor on bail or release on
recognizance to his/her parents and other suitable person. The court has also the option to transfer
the minor to a youth care facility. In no case shall the court order the detention of a child in a jail
pending trial or hearing of his/her case.

E. Discharge of the Child in Conflict with the Law

When at the time of the commission of the offence, the child is under 18 years old and subsequently
he is found guilty of the offence charged, the court shall place the CICL under suspended sentence
without need of application. Suspension of sentence shall still be applied even if he/she is more than
18 years old at the time of the pronouncement of his/her guilt.
The court shall impose the appropriate disposition measures in consideration of the various
circumstances of the CICL. Upon recommendation of the social worker who has custody of the child,
the court shall dismiss the case if it finds that the objectives of the disposition measures have been
fulfilled.

F. Confinement of Convicted Children in Agricultural Camps and Training Facilities

After conviction and upon order of the court to serve his/her sentence, a CICL may in lieu of
confinement in a regular penal institution, serve in an agricultural camp and other training facilities
that may be supervised by the Bureau of Correction, in coordination with the DSWD.

G. Competent Authority
Family Courts have exclusive jurisdiction over cases involving children in conflict with the law.
Jurisdiction is vested with Regional Trial Courts in places where there are no family courts.
THE PHILIPPINES’ INSTITUTIONAL TREATMENT OF CICL

Republic Act No. 10630 or the Act Strengthening the Juvenile Justice System provided for the
establishment of an Intensive Juvenile Intervention and Support Center for children (IJISC) under the
minimum age of criminal responsibility in “Bahay Pag-asa”.

Take Note: The “Bahay Pag-asa” is a 24-hour child-care institution funded and managed by local
government units (LGU) and licensed and/or accredited non-government organizations. Children in
conflict with the law who are 15 to 18 years old shall be housed in these temporary shelters while
awaiting trial and the judgement to be rendered by the courts.

THE PHILIPPINES’ COMMUNITY-BASED (NON-INSTITUTIONAL) TREATMENT OF CICL

A. Who can avail?

One of the disposition measures that can be availed of by a CICL under suspended sentence is
Community-based Rehabilitation wherein he/she shall be released to parents, guardians, relatives or
any other responsible person in the community. The LSWDO shall supervise the CICL in coordination
with his/her parents/guardian. Examples of these programs are: competency and life skills
development; socio-cultural and recreational activities; community volunteer projects; leadership
training; spiritual enrichment; and, family welfare services. A child under the minimum age of criminal
responsibility shall also be subjected to a community-based intervention program supervised by the
LSWDO.

B. Cooperation between Community-based Treatment and Institutional Treatment

If the best interest of the child requires, the CICL shall be referred to a youth care facility or ‘Bahay
Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD. As
mentioned previously, a CICL who was previously subjected to a community-based intervention
programme can be deemed a neglected child. As such, he/she shall undergo an intensive
intervention programme supervised by the LSWDO.

CHAPTER IV
ADOPTION

Adoption is defined as the process of making a child, whether related or not to the adopter, possess
in general, the rights accorded to a legitimate child. Generally, only minors are adopted, except in
cases when the adoption of a person of majority age is allowed.
Qualification of an Adopter
1. A person of age and in possession of full civil capacity and legal rights may adopt, provided he
is in the position to support and care for the children in keeping with the means of his family
2. He must be at least 16 years older than the person to be adopted, unless the adopter is the
parent by nature of the adopted.

The following persons may not adopt

1. The guardian with respect to the ward prior to the approval of the final accounts rendered upon
termination of their guardianship status.
2. Any person who has been convicted of a crime involving moral turpitude
3. An alien, except:
A former Filipino citizen who seeks to adopt a relative by consanguinity.
One who seeks to adopt legitimate child of his or her Filipino spouse; or
One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a
relative by consanguinity of the latter.
4. Husband and wife must jointly adopt, except in following cases:
When one spouse seeks to adopt his own illegitimate child
When one spouse seeks to adopt the legitimate child of the other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint
parental authority shall be exercised.

Joint parental authority is exercised if the husband and wife jointly adopt and one spouse adopts the
legitimate child of the other. In case there is a disagreement in the exercise of such joint parental
authority, the father’s decision shall prevail, unless there is a judicial order to the contrary.

The following may not be adopted

1. A person of legal age, unless he or she is the child by nature of the adopter or his or her
spouse, or prior to the adoption, said person had been consistently considered and treated by the
adopter as his or her own child during minority;
2. An alien with whose government the Republic of the Philippines has no diplomatic relations;
3. A person who has already been adopted unless such adoption has been previously revoked or
rescinded

The written consent of the following to the adoption shall be necessary

a. The person to be adopted, 10 years of age or over.
b. The parents by nature of the child, the legal guardian, or the proper government
instrumentality;
c. The legitimate and adopted children, 10 years of age or over, of the adopting parents;
d. The legitimate children, 10 years of age or over, of the adopting parents, if living with said
parent and the latter’s
spouse if any; and
e. The spouse, if any of the person adopting or to be adopted.

Effects of Adoption

a. For civil purposes, the adopted shall be deemed to be legitimate child of the adopters and both
shall acquire the reciprocal rights and obligations arising from the relationship of parents and child,
including the right of the adopted to use the surname of the adopters;
b. The parental authority of the parents by nature over the adopted shall be terminated and be
vested in the adopters, except that if the adopter is the spouse of the parents by nature of the
adopted, parental authority shall be exercise jointly by both spouse;
c. The adopted shall remain intestate heir of his parents and other blood relatives.
LEGITIME

1. The legitime of each legitimate child is half of the parents state divided by the number of
children. The legitime must always be given unless the child is validly disinherited for a legal cause.
The free portion of the property may also be given to the children to any of them.
2. If the child dies ahead of his father, the heir of the child can get the child’s legitime from the
father’s estate in the
testamentary succession.

PARENTAL AUTHORITY

PARENTAL AUTHORITY (PATRIA POTESTAS) is the mass of rights and obligations which parents
have in relation to the person and property of their children until their emancipation, and even after
under certain circumstances.

CHARACTERISTICS OF PARENTAL AUTHORITY:

1. It is a natural right and duty of the parents (Art. 209)
2. It cannot be renounced, transferred or waived, except in cases authorized by law (Art 210)
3. It is jointly exercised by the father and the mother (Art. 211)
4. It is purely personal and cannot be exercised through agents
5. It is temporary

SUSPENSION OF PARENTAL AUTHORITY: CHOBA

1. Conviction of parent for crime without civil interdiction
2. Treats child with excessive harassment and cruelty
3. Gives corrupting orders, counsel or example
4. Compels child to beg
5. Subjects to or allows acts of lasciviousness

NOTE: The suspension or deprivation may be revoked and the parental authority revived in a case
filed for the purpose or in the same proceeding if the court finds that the cause therefore has ceased
and will not be repeated

GROUNDS FOR THE PERMANENT TERMINATION OF PARENTAL AUTHORITY:

1. Death of parents
2. Death of child
3. Emancipation of child
4. Parents exercising parental authority has subjected the child or allowed him to be subjected to
sexual abuse

GENERAL RULE: A child under 7 years of age shall not be separated from the mother UNLESS the
court finds compelling reasons to order otherwise. Paramount consideration in matters of custody of a
child is the welfare and well-being of the child (Tonog v. CA).

LIABILITY OF PARENTS FOR TORTS COMMITTED BY THEIR MINOR CHILDREN:

Parents and other persons exercising parental authority shall be civilly liable for the injuries and
damages caused by the acts or omissions of their minor PROVIDED the children are living in their
company and under their parental authority.