*an anti-social behavior or act which does not conform with the *association with delinquent gangs *based
*based on the view that both thought and behavior have biological
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
*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
*majority commences at the age of eighteen (18) years
*freedom from parental authority, both over his person and
property
*happens upon reaching the age of eighteen years
*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
*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
*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:
*truancy, or frequent, unreasonable absenteeism from school
*use of profane language *running away from home
*smoking and drinking alcoholic beverages
*disobedience to parents, guardians or school officials
*mendicancy or begging in the streets
*characterized by disobedience to, or disrespect for, authorities
*the doctrine that does not consider delinquent acts as criminal
violation, thus making delinquents non-criminal persons and
cannot be found guilty of a crime and punished like an adult
criminal
*views minor who violate the laws as victims of improper care,
custody and treatment at home
*assumption by the State of the role of guardian over children
whose parents are deemed incapable or unworthy
*the authority of the state to act on behalf of the children
*characterized by occasional law-breaking
*characterized by chronic law-breaking, a habit which this type
cannot avoid or escape from
*characterized by serious emotional disturbances within the
individual and in some cases associated with tendencies towards
mental illness
*an aggressive youth who resents authority of anyone who makes
an effort to control his behavior
*one who has internalized his conflicts and is preoccupied with his
own feelings
*one whose delinquent acts have a cold, brutal and vicious quality
for which the youth feels no remorse
*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
*gives an explanation that law violations and delinquency are a
result of some physical defects
*argues that the critical factors in delinquency are personality
problems to which misbehavior is presumed to be the response
*attributes delinquency pattern to social structures
*views youthful misdeed as a result of a learning process through
interactions with other members of society
*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
and social bases
*contemporary explanation of the biogenic approach
*has three sub-theories: biochemical, neurological and genetics
*views that crime and delinquency, especially violence, are the
result of diet, vitamin intake, hormonal imbalance and other
biological causes
*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
*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
*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
*based on the psychoanalytic theory of Sigmund Freud
*delinquency is the result of the imbalance of the three
components of personality: id, ego and superego
*delinquency is the product of the abnormal personality structure
formed in early life and which thereafter controls human behavior
choices
*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
*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
*delinquency-prone adolescents may have cognitive deficits and
use information incorrectly when they make decisions
*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
*hold that delinquency is a function of a person’s place in the
economic structure
*view delinquency as a result of poor or faulty socialization or
upbringing
*view delinquent acts and criminality as products of stigma and
labeling
*maintain that everyone has the potential to become a criminal but
most people are controlled by their bonds to society
*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
*consists of father, mother and children
*consists of father, mother, children, grandparents, uncles and
aunts, cousins, nephews and niences, and in-laws
*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
*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:
*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.
*the basis of the juvenile justice system in the Philippines.
*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
*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
*the practice of indenture and chancery courts in England were
adopted by the states of Virginia, Connecticut and Massachusetts,
however, those youths who committed serious criminal offenses
continued to be tried in the same courts as adults
*middle-class civic leaders, who referred to themselves as CHILD
SAVERS began to develop organizations and groups to help
alleviate the burdens of the poor and immigrants by sponsoring
shelter care for youths, educational and social activities and the
development of settlement houses; this was called the CHILD
SAVING MOVEMENT
*they are responsible for creating a number of programs for
indigent youths, including the New York House of Refuge, a
reformatory, which began operations in 1825
*the House of Refuge was created to protect indigent youths who
were at risk to crime by taking them off 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
*a court that has original jurisdiction over persons defined by
statute as juveniles and alleged to be delinquents or status
offenders
|PD 603| |RA 7610||RA 6809||RA 8552||RA 8043||RA 9208|
|RA 9231||RA 9255||RA 9262||RA 9523||RA 9344||RA 9775|
*THE CHILD AND YOUTH WELFARE CODE
*approved on 10 December 1974
*effectivity date is 10 June 1975 (six months after approval)
*shall apply to persons under eighteen (18) years of age
*PATRIA POTESTAS *(“father of the country”)
*the sum total of the rights of the parents over the person and
property of their child
*the exercise of which has no distinction between a legitimate and
an illegitimate child
*the father and the mother shall exercise jointly just and
reasonable parental authority and responsibility over their
legitimate or adopted children
*in case of death of either parent, the surviving parent shall
exercise sole parental authority
*in case of disagreement, the father’s decision shall prevail unless
there is a judicial order to the contrary
*the sum total of the duties and obligations of parents over their
minor children
*parents and guardians are responsible for the damage or injury
caused by the child under their parental authority
*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
*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
*in case of absence or death of both parents, substitute parental
authority shall be given to the following, in order of priority:
*grandparents
2
*oldest brother or sister at least 21 years of age
*relative who has actual custody of the child/guardian duly
appointed by the court
*the CIVIL PERSONALITY of the child shall commence from the
MOMENT OF CONCEPTION
*the union of the sperm cell and the egg cell
*also called the process of fertilization *the start of life
*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
*the expulsion of the fetus from the mother’s womb
*classified as intentional or unintentional as provided by the
Revised Penal Code
*recommended and performed by a certified physician when there
are health risks and complications
*not punishable by law *punishable by law
*CATEGORIES OF CHILDREN (*ibigay)
*one who is without a parent, guardian or custodian, or whose
parents, guardian or other custodian for good cause desire to be
relieved of his care and custody and is dependent upon the public
for support
*one who had no proper parental care or guardianship or whose
parents or guardians have deserted him for a period of at least six
consecutive months (PD 603)
*refers to a child who has no proper parental care or guardianship,
or whose parents have deserted him or her for a period of at least
three (3) continuous months (RA 9523
*one whose basic needs have been deliberately unattended or
inadequately attended
*a child is unattended when left by himself without provision for
his needs and without proper supervision
*neglect may occur in two ways:
*Malnourishment, untidy and damaged clothing, no shelter
*maltreated, raped, seduced, abused, exploited, made to work
under conditions not conducive to good health or placed in moral
and physical danger
*socially incompetent, socially inadequate, occupationally
incompetent and unable to manage their own affairs
*retarded intellectually from birth or early age
*retarded at maturity *mentally sub-normal
*mentally deficient as a result of constitutional origin through
heredity or disease
*crippled, deaf-mute, blind and other conditions which restrict
their means of action or communication with others
*those who, although not afflicted with insanity or mental defect,
are unable to maintain normal social relations with others and the
community in general due to emotional problems or complexes
*may be caused by traumatic experiences
*those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require
professional help or hospitalization
*includes mentally-retarded, physically-handicapped, emotionally-
disturbed and mentally-ill children
*an act by which relations of paternity and filiations are
recognized as legally existing between persons not so related by
nature
*the taking into one’s family of the child of another, as son or
daughter and heir, and conferring on it a title to the rights and
privileges of such
*the acknowledgment of the father of his relationship with the
child
*also called paternity *essentially incurable
*natural-born child of the parents
*a child who underwent the judicial process of adoption
*refers to a deserted or abandoned infant or child whose parents,
guardian or relatives are unknown
*DOMESTIC ADOPTION ACT OF 1998
*approved on 25 February 1998
*the person adopting or petitioning for the adoption of a child
*the child or person being petitioned for adoption
*a child who has been voluntarily or involuntarily committed to
the DSWD or to a duly licensed and accredited child-placing or
child-caring agency, freed of the parental authority of his or her
biological parents or guardians or adopter, in case of rescission
*refers to a child in whose favor a certification was issued by the
DSWD that he or she is legally available for adoption after the fact
of abandonment or neglect has been proven through the
submission of pertinent documents, or one who was voluntarily
committed by his or her parents or legal guardian (RA 9523)
*one whose parents or legal guardian knowingly and willingfully
relinquished parental authority to the DSWD or any duly
accredited child-placement or child caring agency or institution
*refers to a private non-profit or government agency duly
accredited by the DSWD that provides twenty-four (24) hour
residential care services for abandoned, neglected, or voluntarily
committed children (RA 9523)
*refers to a private non-profit institution or government
*agency duly accredited by the DSWD that receives and processes
applicants to become foster or adoptive parents and facilitate
placement of children eligible for foster care or adoption
*any Filipino citizen of legal age at least sixteen (16) years older
than the adoptee unless the adopter is the biological parent of the
adoptee, or is the spouse of the adoptee’s biological parent
*any alien possessing the same qualifications as that of a Filipino
citizen, who has been living in the Philippines for at least three (3)
consecutive years, and whose country has diplomatic relations
with the Philippines
*any person below eighteen (18) years of age judicially declared
available for adoption
*the legitimate son or daughter of one spouse by the other spouse
*an illegitimate son or daughter by a qualified adopter to improve
his or her status to that of legitimacy
*a person of legal age if prior to the adoption, said person has been
consistently considered and treated by the adopter as his or her
own child since minority
*a child whose adoption has been previously rescinded
*a child whose biological or adoptive parents has died, but
proceedings may only be initiated after six (6) months from the
time of the death of the parents
*a period of time within which a social worker oversees the
adjustment and emotional readiness of both adopter and adoptee
in stabilizing their filial relationship
*the period is at least six (6) months
3
*the nullification of the adoption
*adoption shall not be subject to rescission by the adopter
*repeated physical and verbal maltreatment by the adopter despite
having undergone counseling
*attempt on the life of the adoptee
*sexual assault or violence. *approved on 7 June 1995
*abandonment and failure to comply with parental obligations
*INTER-COUNTRY ADOPTION ACT OF 1995
*the socio-legal process of adopting a Filipino child by a foreigner
or a Filipino citizen permanently residing abroad where the
petition is filed, the supervised trial custody is undertaken and the
decree of adoption is issued outside the Philippines
*acts as the central authority in matters relating to inter-country
adoption
*shall act as the policy-making body for purposes of carrying out
the provisions of RA 8043, in consultation and coordination with
the DSWD
*headed by the Secretary of the DSWD as ex officio chairman and
six (6) members to be appointed by the President, with a term of
office of six (6) years
*any alien or a Filipino citizen permanently residing abroad
*at least twenty-seven (27) years of age
*at least sixteen (16) years older than the adoptee unless the
adopter is the parent by nature of the adoptee or the spouse of such
parent
*coming from a country with whom the Philippines has diplomatic
relations
*possesses all the qualifications provided in other applicable
Philippine laws
*shall be filed either with:
1.
2.
*the Philippine Regional Trial Court; or
*the Inter-Country Adoption Board, through an intermediate
agency in the country of the prospective adoptive parents
*shall be at least six (6) months
*the law giving DSWD the sole authority to issue the certification *Balong is below eighteen years old, he commits the crime of rape.
declaring a child legally available for adoption Under R.A. 9344 what do you call to Balong for committing the
crime?
*amended provisions of RA 8552 and RA 8043
*Children can be recruited as member of AFP? YES OR NO?
*approved on 12 March 2009
*It refers to a cradle of Human Society?
*SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT
*approved on 17 June 1992
*this law is also commonly referred to as the Anti-Child Abuse Act
*violated by the individuals who classified as minors
*another terminologies for Nuclear Family
*What is the goal of JD? *CICL stands for?
*Did the identity of the young delinquent can be released on the
television?
*Ano ang tawag sa batang nakalabag sa tinatawag nating
"NORMS"?
*tawag sa iniappoint ng authority doon sa bata
*a child who vulnerable to risk of committing for criminal
offensive
*refers to taking Child in Conflict with the Law into the custody
*refers to 24 hours child caring institution/emergency situation
*may pondo ang government para sa katulad nilang mga bata, and
it was distributed by their barangay
*Juvenile Delinquency is now unacceptable to the country under
Republic Act 9344 and it is now called _________.
*Emancipation is also called as ________.
*It is types of juvenile offender who commit offenses that if
committed by adults would not considered crime.
*Students failing to attend their classes for 20 days without any
reasonable cause and this may be attributed to the school’s
proximity to place of vices, unattractive school life, failing grades,
strict and unreasonable mentors, family and domestic problems,
fear of school bullies and fear of punishment.
*Ricky commits the crime of rape at the age of eighteen years old
but below twenty one years old. What do you call to Ricky for
committing the crime?