UNIVERSAL COLLEGE FOUNDATION OF SOUTHEAST ASIA AND THE PACIFIC, INC.

CRIM. 4: JUVENILE DELINQUENCY AND CRIME PREVENTION

JUVENILE DELINQUENCY
- an anti-social behavior or act which does not conform with the standards of society
- youth behavior which is against the norms and regulations of society which if left unchecked
would give rise to criminality
- describes a large number of disapproved behavior of children or youth
- anti-social acts or behavior of children which deviate from the normal pattern of rules and
regulations, custom and culture which society does not accept and which therefore justify
some kind of admonition, punishment or corrective measures in the public interest

JUVENILE
- a child or a young person, who, under the legal system may be dealt with for an offense in a
manner different from that of an adult
- persons below the age of majority, that is, below eighteen years old

AGE OF MAJORITY
- majority commences at the age of eighteen (18) years

EMANCIPATION
- freedom from parental authority, both over his person and property
- happens upon reaching the age of eighteen years

RA 6809
- the law amending the age of majority
- lowered the age of majority from twenty-one (21) to eighteen (18) years
- approved on 13 December 1989

DELINQUENT
- one whose behavior has brought him into repeated conflict with the law regardless of
whether he has been taken before a court and adjudged a delinquent
- one who has committed an offense that violated the approved norms of conduct and is
guilty of a misdeed

STATUS OFFENSE
 - certain acts or omissions which may not be punishable
socially or legally if committed by adults but become anti-social or illegal because
the offender is a minor, such as:
a) truancy, or frequent, unreasonable absenteeism from school
b) use of profane language
c) running away from home
d) smoking and drinking alcoholic beverages
e) disobedience to parents, guardians or school officials
f) mendicancy or begging in the streets
g) association with delinquent gangs

ANTI-SOCIAL BEHAVIOR
- characterized by disobedience to, or disrespect for, authorities

PARENS PATRIAE (“father of the country”)

- 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 violates 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

THREE TYPES OF DELIQUENCY

1) ENVIRONMENTAL DELINQUENTS
- characterized by occasional law-breaking

2) EMOTIONALLY MALADJUSTED DELINQUENTS

- characterized by chronic law-breaking, a habit which this type cannot avoid or escape from

3) PSYCHIATRIC DELINQUENTS
- characterized by serious emotional disturbances within the individual and in some cases associated
with tendencies towards mental illness

TYPES OF DELINQUENT YOUTH

1) SOCIAL
- an aggressive youth who resents authority of anyone who makes an effort to
control his behavior

2) NEUROTIC
- one who has internalized his conflicts and is preoccupied with his own feelings

3) ASOCIAL
- one whose delinquent acts have a cold, brutal and vicious quality for which the youth feel no
remorse
 4) ACCIDENTAL
- one who is essentially sociable and law-abiding but happens to be at the wrong time and place and
becomes involved in delinquent acts not typical of his general behavior

DIFFERENT APPROACHES IN THE STUDY OF DELINQUENCY

1) BIOGENIC APPROACH
- gives an explanation that law violations and delinquency are a result of some
physical defects

2) PSYCHOGENIC APPROACH
- argues that the critical factors in delinquency are personality problems to which misbehavior is
presumed to be the response

3) SOCIOGENIC APPROACH
- attributes delinquency pattern to social structures
- views youthful misdeed as a result of a learning process through interactions with other
members of society

DIFFERENT THEORIES CONCERNING DELINQUENCY

CHOICE THEORY
- based on the classical school of criminology that views an individual as having free will in
choosing his actions and that he calculates what he will gain or lose if he commits an act
- views the delinquent as a motivated offender who breaks the law because he or she
perceives an abundance of benefits and an absence of threat

BIOSOCIAL OR TRAIT THEORIES

- based on the view that both thought, and behavior have biological and social bases
- contemporary explanation of the biogenic approach
- has three sub-theories: biochemical, neurological and genetics

1) BIOCHEMICAL
- views that crime and delinquency, especially violence, are the result of diet, vitamin intake,
hormonal imbalance and other biological causes

2) NEUROLOGICAL
- explains that crime and delinquency occur because the individual suffers from brain
impairment or abnormality in the structure of the brain
- learning disabilities such as attention deficit/hyperactive disorder and minimum brain
dysfunction are related to antisocial behavior
3) GENETIC
- explains that delinquent traits and predisposition to criminality are inherited from parents
- criminality of parents can predict delinquency of children
- supported by research on twin studies and adoption studies

PSYCHOLOGICAL THEORIES
- views delinquency as a result of emotional and mental disturbance of the individual
- contemporary explanation of the psychogenic approach
 - has three sub-theories: psychodynamic, behavioral and cognitive

1) PSYCHODYNAMIC THEORY
- based on the psychoanalytic theory of Sigmund Freud
- delinquency is the result of the imbalance of the three components of personality: id, ego
and superego
- delinquency is the product of the abnormal personality structure formed in early life and
which thereafter controls human behavior choices

2) BEHAVIORAL THEORY
- believes that individuals learn by observing how people react to their behavior
- behavior is reinforced by some positive reaction, and behavior is extinguished if punished
- misbehavior of children if left unchecked will persist until adolescence

3) COGNITIVE THEORY
- views that delinquency is a result of the faulty perception and analysis of data of an
individual
- believes that when an individual make decision, he engages in a sequence of cognitive
thought processes:
1) he first encodes the information so that it can be interpreted.
2) then, he searches for a proper response and decide upon the most appropriate action.
3) finally, he acts on his decision
- delinquency-prone adolescents may have cognitive deficits and use information incorrectly
when they make decisions

SOCIOLOGICAL THEORIES
- views delinquency as a product of the different social factors and dynamics
- has four groups of theories which in turn contain several sub-theories: social structure
theories, social process theories, social reaction theories and social conflict theories

1) SOCIAL STRUCTURE THEORIES

- hold that delinquency is a function of a person’s place in the economic structure

2) SOCIAL PROCESS THEORIES

- view delinquency as a result of poor or faulty socialization or upbringing

3) SOCIAL REACTION THEORIES

- view delinquent acts and criminality as products of stigma and labeling

4) SOCIAL CONTROL THEORIES

- maintain that everyone has the potential to become a criminal but most people are controlled by
their bonds to society

CONTRIBUTORY FACTORS IN JUVENILE DELINQUENCY

1) FAMILY
 - the first and most basic institution of society responsible for developing a child’s
potential in all its aspects like physical, emotional, spiritual, moral, intellectual
and social
- molds the child to learn to curb his desires and to accept rules that define the
time, place and circumstances under which highly personal needs may be
satisfied in socially acceptable ways

TYPES OF FAMILY STRUCTURE:

1) NUCLEAR FAMILY
- consists of father, mother and children
1) EXTENDED FAMILY
- consists of father, mother, children, grandparents, uncles and aunts, cousins,
nephews and nieces, and in-laws

Ideally, a home must have the following: a)

structural completeness
- presence of both father and mother
b) economic security
- capability to provide for the basic needs and wants
c) cultural conformity
- typical family beliefs and practices
d) moral conformity
- moral uprightness, Christian way of living
e) physical and psychological normalcy
f) emotional adequacy
- affection, support, love and care between faulty members

Factors in the home life that may cause delinquency: a)

faulty development of the child
b) lack of parental guidance
c) parental rejection
d) broken homes
e) lack of love
f) unfair treatment
g) too harsh discipline by either or both parents
h) too much leniency by either or both parents
i) unfavorable parental example

2) SCHOOL
- considered the second home of a child, with teachers as the second parents
- institution responsible for the training of young person’s intellectual, moral, as well as social
skills which they need for them to grow up as productive, law-abiding and responsible citizens

Instances of deviant conduct attributed to school inadequacy:

a) failure of teachers to detect and address problems of children and report such
problems to the parents
b) poor academic atmosphere
 c) membership in school gangs or development of friendships with the wrong crowd
d) lack of facilities for curricular and extra-curricular activities
e) failure of teachers in character development of the students
f) failure to actually finish school, resulting to being out-of-school youths with a lot of
time to waste and do unproductive activities
g) failure to get gainful employment due to lack of sufficient education

3) ENVIRONMENT
- the culture, norms and behavior of the child’s surroundings may very well influence the
upbringing of the child especially during their formative years and such misbehavior learned
is likely to be carried on until the child’s maturity

Some of the behavior modification by means of imitation as brought about by

environmental influence:
a) rampant drug addiction
b) vices such as gambling and drinking alcoholic beverages
c) association with criminal groups or gangs
d) too much exposure to sex and violence in movies, television, print and internet

HISTORY OF JUVENILE JUSTICE

The modern practice of legally separating adult and juvenile offenders can be traced back to two
developments in English custom and law that occurred centuries ago: the development of POOR LAWS
and the creation of the English CHANCERY COURTS. Both were designed to allow the state to take
control of the lives of needy but not necessarily criminal children. This system was brought to the United
States where it was developed further until later it became the basis of the juvenile justice system in the
Philippines.

ENGLISH SYSTEM

POOR LAWS
- in 1535, statutes which mandated the appointed of overseers who placed destitute or
neglected children with families who then trained them in agricultural, trade or domestic
services; this practice is called indenture
- in 1601, a system was created wherein church workers with the consent of justice of the
peace identified vagrant, delinquent and neglected children and took measures to put them
to work; these children were placed in workhouses until their adulthood

CHANCERY COURTS
- protected the property rights and welfare of minor children who could not care for
themselves
- the courts dealt with issues of guardianship and the use and control of property
- the courts operated under the parens patriae philosophy which held that children were
under the protective control of the state
AMERICAN SYSTEM

- 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

JUVENILE COURT
- a court that has original jurisdiction over persons defined by statute as juveniles and alleged
to be delinquents or status offenders

DEVELOPMENT OF JUVENILE JUSTICE IN THE PHILIPPINES

1) PD 603 – Child and Youth Welfare Code
2) Ra 7610 – Anti-Child Abuse Law
3) RA 6809 – law amending the age of majority
4) RA 8552 AND RA 8043 – laws on adoption
5) RA 9208 – Anti-Trafficking in Persons Act
6) RA 9231 – law amending RA 7610 on working children
7) RA 9255 – law on the use of father’s surname of
illegitimate children
8) RA 9262 – Anti-Violence Against Women and their Children
9) RA 9523 – law amending the laws on adoption
10) RA 9344 - Juvenile Justice and Welfare Act 11) RA 9775 – Anti-Child Pornography Act

IMPORTANT PROVISIONS OF PD 603

PD 603 – 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
PARENTAL AUTHORITY (PATRIA POTESTAS)
- 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

PARENTAL RESPONSIBILITY
- the sum total of the duties and obligations of parents over their minor children

LIABILITIES OF PARENTS
- parents and guardians are responsible for the damage or injury caused by the child
under their parental authority

LEGAL CUSTODY
- in case of separation of parents, no child under SEVEN (7) YEARS OF AGE shall be separated
from his mother unless the court decides otherwise

GUARDIANSHIP
- a trust relation of the most sacred character, in which one person, called a guardian, acts for
another, called a ward, regarded as incapable of managing his own affairs

SUBSTITUTE PARENTAL AUTHORITY

- in case of absence or death of both parents, substitute parental authority shall be given to
the following, in order of priority:
1) grandparents
2) oldest brother or sister at least 21 years of age
3) relative who has actual custody of the child/guardian duly appointed by the court

COMMENCEMENT OF CIVIL PERSONALITY

- the CIVIL PERSONALITY of the child shall commence from the
MOMENT OF CONCEPTION

CONCEPTION
- the start of life
- the union of the sperm cell and the egg cell
- also called the process of fertilization

CIVIL PERSONALITY
- pertains to the identity and recognition of an individual as person having rights
- shall commence from the moment of conception, thus all children shall have the right to be
born and the right to live
ABORTION
- the expulsion of the fetus from the mother’s womb

KINDS OF ABORTION

1) CRIMINAL ABORTION
- classified as intentional or unintentional as provided by the Revised Penal Code - punishable
by law
2) THERAPEUTIC ABORTION
- recommended and performed by a certified physician when there are health risks and
complications
- not punishable by law

CATEGORIES OF CHILDREN
1) DEPENDENT
- 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

2) ABANDONED
- 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

3) NEGLECTED
- 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:
a) physical neglect o Malnourishment, untidy and damaged
clothing, no shelter b) emotional neglect
o maltreated, raped, seduced, abused, exploited, made to work under conditions not
conducive to good health or placed in moral and physical danger

4) MENTALLY-RETARDED
- socially incompetent, socially inadequate, occupationally incompetent and unable to
manage their own affairs
- mentally sub-normal
- retarded intellectually from birth or early age
- retarded at maturity
bn) mentally deficient as a result of constitutional origin through heredity or disease -
essentially incurable

5) PHYSICALLY-HANDICAPPED
 - crippled, deaf-mute, blind and other conditions which restrict their means of action or
communication with others
6) EMOTIONALLY-DISTURBED
- 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

7) MENTALLY-ILL
- those with any behavioral disorder, whether functional or organic, which is of such a degree
of severity as to require professional help or hospitalization

8) DISABLED
- includes mentally-retarded, physically-handicapped,emotionally-disturbed and
mentally-ill children

IMPORTANT PROVISIONS OF THE LAWS ON ADOPTION

ADOPTION
- 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

FILIATION
- the acknowledgment of the father of his relationship with the child
- also called paternity

BIOLOGICAL CHILD
- natural-born child of the parents
ADOPTED CHILD
- a child who underwent the judicial process of adoption

FOUNDLING
- refers to a deserted or abandoned infant or child whose parents, guardian or
relatives are unknown

RA 8552 – DOMESTIC ADOPTION ACT OF 1998

- approved on 25 February 1998

ADOPTER
- the person adopting or petitioning for the adoption of a child

ADOPTEE
- the child or person being petitioned for adoption

CHILD LEGALLY AVAILABLE 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)

VOLUNTARILY-COMMITTED CHILD
- 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

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)

CHILD-PLACING AGENCY OR INSTITUTION

- 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

WHO MAY ADOPT:

1) 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
2) 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

WHO MAY ADOPTED:

1) any person below eighteen (18) years of age judicially declared available for adoption
2) the legitimate son or daughter of one spouse by the other spouse
3) an illegitimate son or daughter by a qualified adopter to improve his or her status to that of
legitimacy
4) 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
5) a child whose adoption has been previously rescinded
6) 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

SUPERVISED TRIAL CUSTODY

- a period of time within which a social worker oversees the
adjustment and emotional readiness of both adopterand adoptee
in stabilizing their filial relationship
- the period is at least six (6) months
RESCISSION OF ADOPTION
- the nullification of the adoption
- adoption shall not be subject to rescission by the adopter

GROUNDS FOR RESCISSION OF ADOPTION

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling
2) attempt on the life of the adoptee
3) sexual assault or violence
4) abandonment and failure to comply with parental obligations

RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995

- approved on 7 June 1995

INTER-COUNTRY ADOPTION
- 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

INTER-COUNTRY ADOPTION BOARD

- 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

WHO MAY ADOPT:

1) any alien or a Filipino citizen permanently residing abroad
2) at least twenty-seven (27) years of age
3) 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
4) coming from a country with whom the Philippines has diplomatic relations
5) possesses all the qualifications provided in other applicable Philippine laws

WHERE TO FILE APPLICATION

- shall be filed either with:
a) the Philippine Regional Trial Court; or
b) the Inter-Country Adoption Board, through an intermediate agency in the country of the
prospective adoptive parents
SUPERVISED TRIAL CUSTODY
- shall be at least six (6) months

IMPORTANT PROVISIONS OF RA 9523

RA 9523 – the law giving DSWD the sole authority to issue the certification declaring a child legally
available for adoption
- amended provisions of RA 8552 and RA 8043
- approved on 12 March 2009
IMPORTANT PROVISIONS OF RA 7610

RA 7610 – 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

RA 7658 – amendatory law to RA 7610

- approved on 9 November 1993
- this law amended the provisions of RA 7610 regarding working children - this law was
further amended by RA 9231

CHILD ABUSE
- refers to maltreatment, whether habitual or not, of the child

FORMS OF CHILD ABUSE

1) CRUELTY – refers to any word or deed which debases, degrades or demeans the intrinsic worth
and dignity of the child as human being
2) PHYSICAL INJURY – includes but is not limited to lacerations, fractured bones, burns, internal
injuries, severe injuries, or serious bodily harm suffered by a child
3) PSYCHOLOGICAL INJURY – means harm to a child’ psychological or intellectual functioning which
may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior
4) NEGLECT – means failure to provide, for reasons other than poverty, the basic needs of the child,
such as food, clothing, medical care, shelter and basic education
5) SEXUAL ABUSE – includes the employment, use, inducement or coercion of a child to engage in
sexual intercourse or lascivious conduct; the molestation, prostitution and or incest with
children

CHILD PROSTITUTION
- exploitation of children, whether male or female, by coercing them into indulging in sexual
intercourse or lascivious conduct for money, profit or
any other consideration
WHO ARE CRIMINALLY LIABLE FOR CHILD PROSTITUTION:
1) those who engage in or promote, facilitate or induce child prostitution, such as:
a) those acting as procurer of a child prostitute
b) parents, guardians, or relatives who knowingly allow or coerce their children or ward into
prostitution
2) those who commit the act of sexual intercourse or lascivious conduct with a child exploited in
child prostitution, such as: a) clients of child prostitutes
3) those who derive profit or advantage there from, such as:
a) managers or owners of the establishment where the prostitution takes place

OBSCENE PUBLICATIONS AND INDECENT SHOWS

- the use, hiring, employment and coercing of children as performers, actors or models for
obscene exhibitions and indecent shows, whether live or in video, or in printed pornographic
materials
CHILDREN AS ZONES OF PEACE
- children shall not be the object of attack in situations of armed conflict
- they shall be protected from any form of threat, assault, torture or other cruel, inhumane or
degrading treatment
- children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units, nor be allowed to take part in the fighting, or used as guides,
couriers or spies
- children shall be given priority during evacuation as a result of armed conflict

IMPORTANT PROVISIONS OF RA 9208

RA 9208 – ANTI-TRAFFICKING IN PERSONS ACT OF 2003

- approved on 26 May 2003

TRAFFICKING IN PERSONS
- the recruitment, transportation, transfer or harboring, or receipt of persons with or without
the victim’s consent or knowledge within or across national borders by means of threat or
use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or
prostitution, taking advantage of the vulnerability of the person, or giving or receiving of
payments or benefits to achieve the consent of a person having control over another person
for the purpose of exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs

- the recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in person” even if it
does not involve any of the means set forth in the preceding paragraph QUALIFIED
TRAFFICKING IN PERSON
1) When the trafficked person is a child;
2) When the adoption is effected through RA 8043 and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
3) When the offender is an ascendant, parent, sibling, guardian or a person who exercised
authority over the trafficked person or when the offense is committed by a public officer or
employee

FORCED LABOR AND SLAVERY

- refers to the extraction of work or services from any person by means of enticement,
violence, intimidation or threat, use of force or coercion, including deprivation of freedom,
abuse of authority or moral ascendancy, debt-bondage or deception

SEX TOURISM
- refers to a program organized by travel and tourism related establishments and individuals
which consist of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists

PORNOGRAPHY
 - refers to any representation, through publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes

DEBT BONDAGE
- refers to pledging by the debtor of his or her personal services or labor or those of a person
under his or her control as security or payment for a debt, when the length and nature of
services are not clearly defined or when the value of the services as reasonably assessed is
not applied toward the liquidation of debt

IMPORTANT PROVISIONS OF RA 9231

RA 9231 - the law prohibiting the worst forms of child labor

- amendatory law to RA 7160 and RA 7658
- amended the provisions of RA 7160 regarding working children
- approved on 19 December 2003

Children below fifteen (15) years of age shall not be employed, except:

1) When a child works directly under sole responsibility of his parents or legal guardian and where
only members of the employer’s family are employed
2) Where a child’s employment or participation in public entertainment or information through
cinema, theatre, radio or television is essential, with the approval of the Department of Labor
and Employment (DOLE)
- it is the duty of the employer to submit to the DOLE a report of all children employed by him
- if a domestic is under sixteen (16) years of age, the head of the family shall give him or her
an opportunity to complete at least elementary education, the cost of which shall be a part
of the domestic’s compensation

WORK PERMIT OF WORKING CHILDREN

- it shall be the duty of the employer to secure permit from the DOLE of working children
employed by him

EMPLOYMENT CONTRACT OF WORKING CHILDREN

- the contract shall be signed by the working child’s parent or legal guardian, with the express
agreement of the child

WORKING HOURS

If the child is under 15:

- may work for maximum of four (4) hours a day, twenty (20) hours a week
- may work between six o’clock in the morning to eight o’clock in the evening (6am to 8pm)

If the child is 15 but under 18:

- may work for maximum of eight (8) hours a day, forty (40) hours a week
- may work between six o’clock in the morning to ten o’clock in the evening (6am to 10pm)
PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN ADVERTISEMENTS
- no child shall be employed as a model in any advertisement directly or indirectly promoting
the following: a) alcoholic beverages
b) intoxicating drinks
c) tobacco and cigarettes
d) gambling
e) any form of violence or pornography

IMPORTANT PROVISIONS OF RA 9262

RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

- approved on 8 March 2004

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
relations, 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

PHYSICAL VIOLENCE
- refers to acts that include bodily or physical harm

SEXUAL VIOLENCE
- refers to an act which is sexual in nature, committed against a woman or her child

PSYCHOLOGICAL VIOLENCE
- refers to acts or omissions causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, and repeated verbal abuse

ECONOMIC ABUSE
- refers to acts that make or attempt to make a woman financially dependent

BATTERY
- refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress

STALKING
- refers to an intentional act committed by a person who knowingly and without lawful
justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly

PHILIPPINE JUVENILE JUSTICE SYSTEM

RA 9344 – the JUVENILE JUSTICE AND WELFARE ACT OF 2006

 - approved on 28 April 2006
- became effective on 20 May 2006
- repealed the provisions of the Revised Penal Code and Presidential Decree No 603 on minor
offenders

IMPORTANT TERMS INTRODUCED BY RA 9344

JUVENILE JUSTICE AND WELFARE SYSTEM

- refers to 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

RESTORATIVE JUSTICE
- refers to a principle which requires a process of resolving conflicts with the maximum
involvement of the victim, the offender and the community; seeks to obtain reparation for
the victim, reconciliation of the offender, the offended and the community and reassurance
to the offender that he or she can be reintegrated into society

CHILD AT RISK
- refers to a child who is vulnerable to and at the risk of committing criminal offenses because
of personal, family and social circumstances

CHILD IN CONFLICT WITH THE LAW

- refers to a child who is alleged as, accused of, or adjudged as, having committed an offense
under Philippine laws

INITIAL CONTACT WITH THE CHILD

- refers to the apprehension or taking into custody of a child in conflict with the law by law
enforcement officers or private citizens

INTERVENTION
- refers to a series of activities which are designed to address issues that caused the child to
commit an offense
- may take the form of an individualized treatment program which may include counseling,
skills training, education, and other activities that will enhance his or her psychological,
emotional and psycho-social well-being

DIVERSION
- refers to an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of his or her social, cultural,
economic, psychological or educational background withoutresortingto
formalcourtproceedings

DIVERSION PROGRAM
- refers to the program that the child in conflict with the law is required to undergo after he
or she is found responsible for an offense withoutresortingtoformalcourt
proceedings
YOUTH DETENTION HOME
- refers to a 24-hour child-caring institution managed by accredited local government units
and licensed and/or accredited non-governmental organizations providing
short-termresidentialcareforchildreninconflictwiththelawwhoareawaiting
courtdispositionoftheircasesortransfertootheragenciesorjurisdiction

YOUTH REHABILITATION CENTER

- refers to a 24-hour residential care facility managed by the DSWD, local government units,
licensed or accredited non-governmental organizations monitored by the
DSWD, which providescare,treatmentandrehabilitationservicesforchildrenin
conflictwiththelaw

RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW

1) the right not to be imposed a sentence of capital punishment or life imprisonment

2) the right to be detained or imprisoned as a disposition of last resort, which shall be for the
shortest appropriate period of time
3) the right to be separated from adult offenders at all times: during detention, while being
transported to and from the court and while waiting for the hearing
4) the right to be detained only with other detainees of the same sex, if detention is necessary
5) the right to be searched only by a law enforcement officer of the same gender
6) the right not to be handcuffed, when such is not necessary
7) the right to have his parents or guardians present
8) the right to diversion if he or she is qualified and voluntarily avails of the same
9) the right to AUTOMATIC SUSPENSION OF SENTENCE
10) the right to probation as an alternative to imprisonment, if qualified under the Probation Law
11) the right to have the records and proceedings involving him be considered PRIVILEGED AND
CONFIDENTIAL

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, but he shall undergo INTERVENTION PROGRAM
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE shall
likewise be EXEMPT from CRIMINAL LIABILITY, if he or she acted
WITHOUT DISCERNMENT, but he shall undergo INTERVENTION PROGRAM
- however, they are exempted only from criminal liability and not from civil liability
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF
AGE who acted WITH DISCERNMENT shall be subjected to the DIVERSION
PROCEEDINGS and shall undergo DIVERSION PROGRAM, if qualified
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE who
acted WITH DISCERNMENT and who is NOT QUALIFIED for DIVERSION,
OR REFUSED to undergo DIVERSION, shall be PROSECUTED

TREATMENT OF CHILD BELOW THE AGE OF CRIMINAL RESPONSIBILITY

- it shall be the duty of the law enforcement officer to determine the age of the child
apprehended
 - if the child apprehended is FIFTEEN (15) YEARS OLD OR BELOW, the law enforcement officer
MUST RELEASE THE CHILD TO THE CUSTODY OF HIS OR HER PARENTS OR GUARDIANS, OR
THE CHILD’S NEAREST RELATIVE
- it shall also be the duty of the law enforcement officer to give notice to the local social
welfare and development officer as to the apprehension of the child in conflict with the law

COMPREHENSIVE JUVENILE INTERVENTION PROGRAM

- shall be instituted in local government units from the barangay to the provincial
levels
- shall include community-based programs on juvenile justice and welfare

COMMUNITY-BASED PROGRAMS ON JUVENILE JUSTICE AND WELFARE

- shall be instituted by the local government units through
the school, youth
organizations, and other concerned agencies
- shall respond to the special needs, problems, interests and concerns of children and which
offer appropriate counseling and guidance to them and their families - these programs shall
consist of three (3) levels:

1) PRIMARY INTERVENTION
- includes general measures to promote social justice and equal opportunity, which tackle perceived
root causes of offending

2) SECONDARY INTERVENTION
- includes measures to assist children at risk

3) TERTIARY INTERVENTION
- includes measures to avoid unnecessary contact with the formal justice system and other
measures to prevent re-offending

SYSTEM OF DIVERSION
- children in conflict with the law shall undergo diversion proceedings subject to the following
conditions:

1) the imposable penalty for the crime committed is NOT MORE THAN SIX (6) YEARS
IMPRISONMENT
2) in victimless crimes, the imposable penalty is NOT MORE THAN SIX (6) YEARS IMPRISONMENT
3) in cases where the imposable penalty exceeds six (6) years, diversion measures may be resorted
to only by the court

- the diversion proceedings shall be completed within FORTY-FIVE (45) DAYS

CONTRACT OF DIVERSION - shall be

prepared if the child:
1) is qualified for diversion; and
2) voluntarily admits the commission of the act and the parents or guardian of the child
and the child himself agrees to the diversion program
 - it must be signed by the child’s parents or guardian and the authorities concerned
PROSECUTION
- a child in conflict with the law shall undergo PROSECUTION if:
1) he is not qualified for diversion
2) he is qualified for diversion but he or his parents or guardian does not agree to diversion
3) diversion is not appropriate for the child in conflict with the law, based on the social
worker’s recommendations

CONDUCT OF PRELIMINARY INVESTIGATION

- there shall be a specially-trained prosecutor to conduct inquest, preliminary investigation
and prosecution of cases involving children in conflict with the law
- the information against the child shall be filed before the Family Court within FORTY-FIVE
DAYS from the start of the preliminary investigation

COURT PROCEEDINGS
- during trial, the court shall order:
1) the release of the child on recognizance to his or her parents and other suitable persons
2) the release of the child on bail
3) if the child is to be detained, the transfer of the child to a youth detention home
- detention of the child shall be ordered only as a last resort

AUTOMATIC SUSPENSION OF SENTENCE

- if the child in conflict with the law is found guilty of the offense charged, the court shall
place the child under suspended sentence, without need of application
- the automatic suspension of sentence may be extended until the child reaches the
maximum age of TWENTY-ONE (21) YEARS OLD
- the court shall order the detention of the child in a youth rehabilitation center where he
shall undergo the appropriate disposition measures

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 if the court finds that the disposition measures have
been fulfilled

RETURN OF THE CHILD IN CONFLICT WITH THE LAW TO COURT

- if the court finds that the objective of the disposition measures imposed upon the child have
not been fulfilled, or if the child has willfully failed to comply with the conditions of his or
her rehabilitation program, the child shall be returned to court for the EXECUTION OF
JUDGMENT

PROBATION
- a child in conflict with the law whose sentence was executed by the court upon reaching the
maximum age of TWENTY-ONE (21) shall be entitled to the benefits of probation under PD
968, the Probation Law of 1976
OFFENSES NOT APPLICABLE TO CHILDREN
- persons below eighteen (18) years old shall be exempt from prosecution for the following
crimes:
1) vagrancy and prostitution under the Revised Penal Code
 2) mendicancy under PD No 1563
3) sniffing of rugby under PD 1619

IMPORTANT PROVISIONS OF RA 9775

REPUBLIC ACT 9775 – the ANTI-CHILD PORNOGRAPHY ACT OF 2009

- approved on
- the law that amended the provisions of RA 7610 on obscene publications and indecent
shows
- it aims to protect every child from all forms of exploitation and abuse through the use of a
child in pornographic performances and materials and the inducement or coercion of a child
to engage or to be involved in pornography

CHILD PORNOGRAPHY
- refers to any representation, whether visual, audio or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities

SYNDICATED CHILD PORNOGRAPHY

- committed if carried out by a group of three (3) or more persons conspiring or confederating
with one another