ADNAN MAROHOM ANSO MUSTAPHA, RCrim

JUVENILE JUSTICE
AND DELINQUENCY
BY: DEAN JM DIONISIO, RC
PD 603

RA 9344

RA 10630

RA 8552

Ra 8043

RA 9208

RA 9231

RA 7610

RA 9262

PD 603

- Child and Youth Welfare Code

- Magna Carta for Children

- Child Probation Law

Rights of a Child

1. Right to be born well

2. Right to have a name
3. Right to have a family
4. Right to proper diet
5. Right to wholesome development
6. Right to education
7. Right to leisure – “past time / playtime”
8. Right to development of talents
9. Right to moral society
10.Right to protection against DANCE (Discrimination, Abuse, Neglect, Cruelty and
Exploitation
ADNAN MAROHOM ANSO MUSTAPHA, RCrim

Q – when does the civil personality of the child commence?

a. birth
b. conception
c. 1 year old
d. 18 years old
Conception = “Conceive” – the sperm cell and the eff cell united.
Q – act of expulsion of an unborn child from the mother’s womb?
A – Abortion
RPC – either intentional or unintentional abortion
PD 603 – “therapeutic abortion” – medical purposes

Doctrines for Children Welfare

a. Parens Patriae – English = Father of the Land

1. State sponsored CHARITY
2. CICLs are not criminals but rather victim of improper care
3. In case of unfit parents à parental assumption of state
b. Patria Potestas – English = Parental Authority
- power or authority of the parents over his/her unemancipated child.
c. Loco Parentis – English = Temporary Guardian
ex. Teachers, Nurses / Midwife / Babysitter
d. Guardian ad Litem – English = Guardian for the proceeding
- guardian appointed by court during judicial proceedings
e. Best Interest of the Child Rule – all laws, all processes, all decisions are with the
aim of the best interest of the child.

Q - If the parents of the child decided to get separated, who will take custody of the
child?
A – Tender Years Doctrine

below 7 y/o = maternal preference rule (note: not an absolute rule)

7 and above = psychological parent doctrine (power of choice) (note: only for legit
child)

Note: if the parents are unmarried, in case of separation, the mother will take over the
custody of the child even at the age of 7 and above

Status of Children

1. Child born after marriage = “bata ipinanganak pagkatapos ng kasal” è

LEGITIMATE
2. Child born during marriage = LEGITIMATE
3. Child born before marriage = LEGITIMATED
ADNAN MAROHOM ANSO MUSTAPHA, RCrim

4. Child born outside marriage = ILLEGITIMATE (Bastard)

5. Child born inside marriage, where either party is suffering from an impediment =
ILLEGITIMATE
ex. Minor, prior marriage, the solemnizing officer has no power to officiate a
marriage. = marriage is VOID AB INITIO (void from the start)
Q – if the child is an illegitimate child, can he use the surname of his father?
A – Yes, if the father will sign an authorization and will sign an acknowledge of
paternity (RA 9255)

Q – what do we call a child born with unknown parents?

A – Foundling
Q – what is the most common issue in case of foundling?
A – Stateless Man (No nationality)
- the citizenship of the child will depend in the place where he/she was found
Natural born filipino – at least one of the parents of the child is a FILIPINO
Naturalized – foreign national sworn in the flag of the Philippines

Q - What if both parents are already dead?

A – Substitute parental authority
Chronological Order
1st – Grandparents – x
2nd – Eldest Sibling – 21 y/o – x
3rd – nearest relative – x
4th – placement agency à 3 months = ABANDONED CHILD or CLAAD
CLAAD – Child Legally Available for Adoption

Special Categories of Children

1. Dependent Child – “needs” are coming from parents or guardian or PUBLIC

SUPPORT
2. Neglected Child – “needs” are inadequate or not given
a. Physical Neglect = Food, water, shelter & clothing
b. Emotional Neglect = Love, care, time and attention
3. Abandoned Child = no parent, no guardian for 3 months (RA 9523)
4. Handicapped = physically challenged, PWD (ex. blind, deaf, mute, crippled)
5. Retarded Child = mentally sub normal / low IQ
a. Borderline / Dull = 75 to 89 pts.
b. Educable / Moron = 50 to 74 pts
c. Trainable / Imbecile = 25 to 49 pts
d. Custodial / Idiot = below 25 pts
6. Emotionally Disturbed = suffering from neurosis (ex. Anxiety, depression,
phobia and mania etc)
7. Mentally Ill = suffering from psychosis (severe mental disorder)
ADNAN MAROHOM ANSO MUSTAPHA, RCrim

Emancipated Child – person who is already free from parental control (age: 18
y/o)

RA 7610 – “ACAL” = Anti Child Abuse Law”

- Law Providing special protection of children against abuse, discrimination and
exploitation
Abuse – maltreatment of children whether habitual or not
*an act can be considered as abuse if there is CRUELTY.
Cruelty = deeds or words that demeans or degrades human worth or dignity
Types of Abuse (PESE)
a. P – Physical – bodily harm
b. E – Emotional – verbal, threat, intimidation
c. S – Sexual – prostitution, molestation, incest
d. E – Economic – failure to give sustenance

Note: RA 7610 is considered as PUBLIC CRIME

- ANY PERSON CAN FILE THE CASE IF THERE IS PERSONAL KNOWLEDGE
*Child Prostitution – sex for hire with the child
who may be liable?
a. Procurer = PIMP (Bugaw)
b. Owner / Manager of Hotel / Motel
c. Client / Customer
Note: the child prostitute will be EXEMPTED
- VICTIM
Q – how attempted prostitution is committed?
A – if a child is alone with a person not related by blood (stranger) inside a
establishment, room or hotel or motel

Child as Zone of Peace – status of children during war (armed conflict)

effects:
a. priority in evacuation
b. provide shelter
c. education must continue
d. children shall not be subjected as target of attack
e. Children shall not be recruited as soldiers or fighters
f. Day care centers, clinics, hospitals, schools and playgrounds are not allowed to be
used as BARRACKS
ADNAN MAROHOM ANSO MUSTAPHA, RCrim

RA 9262 – ANTI VAWC LAW

- Anti violence against women and THEIR children
VAWC – the abused woman and the abuser (any person) must have a relationship
(marital, sexual, or dating relationship)
Ex. Wife è Husband
GF è BF
Live in è partner
FuBu è FuBu

Q – Can VAWC be applied to past relationship?

A – Yes (VAWC can be applied to current and previous relationships)
Juswa punched Ms. Raul (Transgender) in the face = NO (RA 9262 is only for
BIOLOGICAL WOMEN
Princess slapped her lesbian GF named Julia in the face = YES

Types of Violence (PEPS)

P – Physical = Bodily Harm
E – Economic = failure to provide sustenance
P – Psychological = verbal abuse, threat, intimidation, coercion, prevention to work,
destruction of property
S – Sexual = sexual molestation, rape
Battery – act of inflicting physical harm upon the woman resulting to physical,
psychological and emotional distress
Battered Woman = women victim of battery
Battered Woman Syndrome = Psychological and emotional abnormalities caused by
battery (note: BWS is an absolutory cause = Exempting Circumstance) (note: for the
BWS to be considered as absolutory cause, the abuse or violence must be on 2 nd cycle
of violence)

Cycle of Violence
1. Tension Building Stage = minor abuses
2. Acute Battering Stage = Grave abuses 1 Cycle
3. Tranquil Loving Stage = reconciliation

In the trial of BW, and the defense used BWS as a valid defense, they need the
testimony of _____ witness (ex. Psychiatrist)
a. Ordinary
b. Expert
c. Competent
d. Child

RA 9231 – Child Labor Law

Q – can a child work?
ADNAN MAROHOM ANSO MUSTAPHA, RCrim

A – general answer: NO
Exception:
1. Entertainment industry (ex. Movie artist, models, commercial, TV personalities)
2. Working directly under parental supervision
3. Nature of Work
No underwater
No underground
No high altitude
No toxins
No model (nudity, sexual, alcoholic & tobacco)

4. Education – the employer must ensure that the working child is continuing his
education until secondary (HS)
5. Working Permit – must be signed by:
a. Parents
b. Working child (optional)
c. Employer
d. DOLE
6. Time
15 below = 4H/D or 20H/W (6am to 8pm)
above 15 below 18 = 8H/D or 40H/W (6am to 10pm)
7. Salary
100% = working child
max of 20% = share to parents
min of 30% = trust fund or savings

RA 8552 – Domestic Adoption Law

RA 8043 – Intercountry Adoption Law
Note: domestic adoption is prioritized that intercountry
Adoption – relationship between the adopter and the adoptee
Adoptive child = Adoptee
- voluntarily or involuntarily placed in the DSWD
- fully abandoned
- CLAAD
- note: adoption may be used for legitimation
- note: the adoptee must be less than 18

Ex. Ate Shawie & Kuya Gabbie = Ate KC

= married è annulled = KC is ILLEGIT
Ate Shawie & Kuya Kiko
Married è Frankie / Miel = LEGIT
Kuya Kiko è Adopt è KC = LEGITIMATION
ADNAN MAROHOM ANSO MUSTAPHA, RCrim

Adoptive parent = Adopter

Filipino Alien
1. 21 y/o (legal Age) 1. 27 y/o
2. 16 years age gap 2. 16 years gap
3. GMRC 3. GMRC
4. Not convicted of any crime 4. not convicted
5. 3yrs residency
6. from the country
with diplomatic relation
to the Philippines

The adopter and the adoptee must first undergone _______ for a period of at least 6
months
STC = Supervised Trial Custody
Positive result = the court will issue a DECREE OF ADOPTION
Negative Result = the process is called RESCISSION

RA 9344 / RA 10630
- JJWSA = Juvenile Justice and Welfare System Act of 2006
- CJS applied to CICL (application of the 5 pillars to youth offender)
Terms not applicable for Children
1. Arrest / Apprehension (adult) è è è Initial Contact
2. Suspect / Respondent / Accused / PDL è è è CICL
3. Trial èèè Adjudication
4. Filing of Charges è è è “indictment”
5. Sentencing / Judgment è è è Disposition
6. Rehabilitation / Reformation è è è Intervention Program

15 - Rights of a CICL
1. x – death penalty
2. x – life imprisonment
3. x – reclusion perpetua
Note: imprisonment must be in the shortest possible time
4. x – physical torture
5. x – handcuff
6. Search – same gender
7. Right to bail
8. Right to probation
9. Right to diversion (alternative to formal court proceeding)
10. Right to confidentiality
*media interview = Japanese mode (blurred) jk.
*media interview = name must be in alias
ADNAN MAROHOM ANSO MUSTAPHA, RCrim

*hearing = closed court

11. Right to be with his parent in all proceeding
12. Imprisonment is the LAST resort
13. In case of imprisonment = separated from adults
14. In case of imprisonment = same gender
15. In case of conviction = Automatic suspension of sentence

Episode 1
Crime è Law Enforcement è Initial Contact (arrest) è Custody
1. Police Station 8hrs
2. Brgy Hall
3. LSWDO
 Investigation (5W 1H)
1. Parent
2. Lawyer
3. Social Worker

Episode 2
Determination of Age of CICL = Law Enforcer
Q – what is the best evidence of age? BIRTH CERT.
*incase of absence of birth certificate
Other options:
a. Baptismal cert
b. School records
c. Medical records
d. Dental examination (forensic odontology)
e. Testimony (sworn statement)
f. Last option: presumption of minority

Episode 3 – determination of the destination of the child

Rule 1 – 15 years old or below = Automatically Exempted from Crim. Liability (not on
civil)
note: turn over to DSWD for intervention
Rule 2 – below 18; rugby, mendicancy, prostitution & violation of ordinances =
Exempted from criminal liability è intervention program
Rule 3 – above 15 less than 18 (15 y/o & 1 day up to 17 y/o & 364 days) è
Conditional è turn over to the social worker to determine if there is DISCERNMENT

Intervention program = series of activities designed to address the issues that cause
the child to commit an offense. It may be in a form of counselling, training, education
and others to enhance his social, intellectual, psychological and psychosocial well
being
ADNAN MAROHOM ANSO MUSTAPHA, RCrim

Episode 4 = Social Worker; determination of discernment

a. The CICL has NO DISCERNMENT = Exempted from Criminal Liability / not on
civil liability
b. The CICL has DISCERNMENT = look at the penalty of the alleged crime
b.1. if the alleged crime has a penalty of 6 years and below = DIVERSION
in police, brgy or LSWD
ex. Counselling, payment of damages, anger management, formal apology,
workshop etc
DIVERSION PROGRAM = 45 Days
Note: if both parties agree = SIGN CONTRACT OF DIVERSION = CASE CLOSE
Note: If the parent of the CICL declined = FILE THE CASE

Episode 4(cont.)

b.2. the penalty for the alleged crime is more than 6 years (ex. Rape, murder, robbery,
arson, car napping etc) è turn over to the COURT to determine whether:

a. conduct DIVERSION
agree = sign contract of diversion = case close
decline = file the case
b. file the CASE = file complaint in the Prosecutor

Episode 5 – Prosecutor’s Office

- Conduct Preliminary Investigation to look and prove if there is Probable
cause (45 days)
- If there is probable cause = ISSUE INFORMATION
file the information in FAMILY COURT (RTC)

If there is no probable cause = DISMISS THE CASE

Episode 6 – Court
All hearings must be CLOSE COURT
a. Arraignment – reading for charges
b. Plea – answer to the arraignment
c. Pre trial
- Marking of evidence
- Stipulation of facts
- Objections
- Plea bargaining – plea of guilty to a lesser offense
d. Trial – presentation of evidence
e. Promulgation of Judgment
1. Not guilty – acquitted è released
ADNAN MAROHOM ANSO MUSTAPHA, RCrim

2. Guilty – convicted
a. suspended sentence è BAHAY PAG ASA
b. Appeal
c. Waive
d. Apply probation under PD 603

Episode 7 – Suspension of Sentence

- Bahay Pag-asa (YRC)
- Wait until the CICL reached 18 years of age
- the S.W. will give the court RECOMMENDATION
a. Discharge – release è after care program
b. Extension – up to 21 y/o à transfer
note: no extension for serious crimes
c. Execution – issue MITTIMUS ORDER
3 years below = BJMP
above 3 years = BuCor
note: if the CICL is in Bahay Pagasa during suspension of sentence but became
INCORRIGIBLE – execute the sentence; transfer to AGRICULTURAL CAMP
Note: after service of the sentence = RELEASED to COMMUNITY

AFTER THE RELEASE, THIS

PROGRAM IS CONDUCTED TO
PREVENT CASES OF RECIDIVISM
AFTER CARE PROGRAM