CHAPTER 1

History, Theories and Causes of Juvenile Delinquency

Learning objectives:
 Define and distinguish the nature, extent, and theories of juvenile delinquency.
 Identify and explain the factors and causes of juvenile delinquency.

DELINQUENCY IN GENERAL

Nature of Delinquency
 Delinquency rates rise at ages 13 and 17, and they begin to increase at those
ages.
 The prevalence (the degree to which young crime is pervasive in society), as
well as the proportion of people who initiate and complete offenses, is
discussed. 18 or 19 is about when it ends.
 The disparity between genders when it comes to significant status-related and
non-victimizing offenses.
 Boys break the law more frequently and in greater numbers than girls,
according to the data.
 The sex ratio reveals more male involvement as the value of the stolen goods
rises.

1. Stages of Delinquency
a. Emergence - Between the ages of 8 and some time in their 12th year, the
child commits petty theft.
b. Exploration - Between the ages of 12 and 14, he might then progress to
shoplifting and vandalism.
c. Explosion - At age 13, there is a significant rise in diversity and severity.
d. Conflagration - At roughly 15, four or more new categories of crime are
added.
e. Outburst - Those who reach adulthood will develop into more violent or
sophisticated kinds of criminal behavior.
Numerous actors could leave the stage and stop offending at any time.
Therefore, whereas offenses committed at each stage are reliable indicators
of the stage that follows, they are less reliable indicators of the stages that
follow.

2. Pathway to Delinquency
a. Authoritative-conflict Pathway - obstinate conduct starts early in life.
Defiance ensues, followed by a desire to escape authority.
b. The Convert Pathway - Initially engages in small-scale dishonest behavior
which results in property harm. The criminal activity that results from this
tendency progressively becomes more severe.
c. A Direct Pathway - aggressive behavior that escalates to physical conflict
and then violence after beginning with antagonism.

3. Categories of Status Offenses

a. Truancy is the recurrent or chronic absence from school without
permission by a minor who is subject to laws requiring them to attend.

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b. Consistent disregard for or abuse of legitimate parental authority

c. Consistently fleeing one's house. Frequent consumption of alcoholic
beverages
d. Juvenile offenses did by someone under the age of nine.

4. Classification of delinquency
a. Unsocialized Aggression – Rejected or abandoned, no parents to imitate
and become aggressive.
b. Socialize Delinquency – Membership of fraternities or groups that
advocate bad things.
c. Over-inhibited – Group secretly trained to do illegal activities, like
marijuana cultivation.

5. Juvenile Delinquency Tendencies

a. Malicious – Expression of defiance
b. Negativistic – Changeable attitudes like not being satisfied in status.
c. Non-utilitarian – Vandalistic attitude like graffiti.
d. Hedonistic – Doing bad thing for pleasure.

A.) Categories of Delinquent Offenders

1. Occasional Delinquents – these offenders are part of a group. They have

common or similar characteristics. They are “pro-social” (They do what other
are doing).

* Sub-Culture – an association of persons with a variety of similar values and

outlooks.

2. Gang Delinquents – most frequently continues a habit of semi-professional

criminal behavior as an adult, typically commits the most serious offenses,
and is most frequently transferred to a correctional facility.

3. Maladjusted Delinquents – The source of the action is a personality disorder

rather than gang activity or living in a slum. They were severely and early
rejected by their parents, which contributed to their "weak ego" and "Asocial"
traits. They experience strained interpersonal relationships and widespread
societal exclusion. In addition to being disorganized and disoriented, they also
exhibit pathological disturbances.

Why Do Delinquents Choose to Commit Crime?

There are many factors to consider why delinquents choose to commit crime
such as social and individual factor. The following theories explain why delinquents
choose to commit crime rather follow social norms.

RATIONAL CHOICE THEORY

Rational choice theory is based on the classical criminology which was
pioneered by Utilitarian and social philosophers Beccaria and Bentham in the 18 th
century wherein it is premised on the idea that people have the ultimate free will in
choosing what to do and punishment should fit the crime committed as deterrent to
crime. Punishment that is as severe as the crime committed. According to the

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classical criminology, people who commits crime already calculated the risk in
pursuit of pleasure, seek pleasure and avoid pain.

The rational choice theory explains that crimes and delinquency was a matter
of choice rather than anything else.

Free will
Youths are in control of their own decisions and choices and are free to make
one.

Utilitarian’s
Philosophers who believed that humans calculate pleasure (benefits) and
avoid pain (consequences) of their action before deciding the course of action to be
made.

THE RATIONAL DELINQUENT

According to rational theory, a rational delinquent think before making any
move as to violate or not a law. They calculate pleasure and pain wherein if pleasure
is more attainable that pain or consequence then that is the time, they violate the
law. For instance, theft, if delinquents observe that people who commit theft are not
often arrested then possibility is that they also try to commit theft. Plus, the fact that
they are to be dealt by the law with caution if they are below the age of criminal
responsibility or a minor.

Choice theorist believe that a delinquent behavior occurs when individual

weigh the need, the means to commit such action and the possible barriers of doing
such. These delinquents choose to commit crime for the reason that they have
limited and scarce resources, also in order for these delinquents to support their
illegal vices and lavish lifestyle they join gangs (Siegel & Welsh, 2009).

ROUTINE ACTIVITIES THEORY

The routine activity theory view that crime is already normal in the way of
living; crimes are expected to happen if there is a suitable target which is unlikely
guarded and an offender who is motivated to commit a crime (Siegel & Welsh,
2009).

Further, Siegel & Welsh (2009) explains that there is greater chance that crime exist
with the presence of each of the following:
1. Lack of capable guardians (police, neighbor, parents, security system and
homeowners)
 The mere presence of someone (police, home owners, parents and
neighbors) to their home may reduce threat of being a target or victim
of a delinquent.

2. Suitable targets (unlocked residences, electronics, transportable

commodities, and pricey vehicles)
 The theory suggests that the availability of gadgets such as cell
phones, laptops, digital cameras become as their easy targets because
it is easy to carry, conceal and transport and the fact that those items

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have high price in the market that really motivates delinquents to

commit theft.

3. Motivated offenders (teenage boys, unemployed and drug addict gang

member)
 The lack of resources motivates offenders such as limited educational
opportunities which attributed to the limited jobs which motivates
delinquent to commit crime.

SOCIAL DISORGANIZATION THEORY

Social disorganization theory explains that social environment has very strong
effect to delinquency caused by a weak neighborhood which is not organized, weak
to control its community, weak social bonds, poverty, unemployment, and ethnic
heterogeneity may be a breeding ground for delinquents (Siegel & Welsh, 2009).

Shaw & McKay (1931, 1942) as cited by Encyclopedia.com (2020) discovered

three different sorts of correlations.:
1. the community's economic situation;
2. residents of the neighborhood's mobility; and
3. the diversity of a community.

The implication was that poverty, high residential mobility, and ethnic
heterogeneity led to a weakening of social bonds or controls and, in turn, to high
rates of delinquency.

CONTEMPORARY SOCIAL ECOLOGY THEORY

According to Siegel and Welsh (2009) the contemporary social ecology theory
is an updated version of the social disorganization theory where negative behavior in
a crime prone locality over powers positive effects of supportive family and close
social bonds. Also, it emphasizes the social ecological concepts as follows:

Community Disorder
 A neighborhood that is deteriorated with a high percentage of abandoned
houses/apartments due to physical damage that cannot be fixed,
abandoned because the owner flees for refuge, and business establishment
that closes or abandoned because of bankruptcy is considered a haven for
delinquents and delinquent activities.

Poverty Concentration
 When poverty becomes concentrated in a neighborhood (unemployment or
lack of employment opportunity, closure of businesses, unequal access to
health and education) it sparks violence in the area. Kids compete for scarce
resources which tend to sky rocket delinquency rate.

Community Fear
 People feel more secure and safe in a neighborhood that is in order rather in
a neighborhood that is full with violence or a disoriented neighborhood (high
crime rate, consistent loitering and littering of constituents in an area, noisy,
overcrowded neighborhood and etc.).

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 Siegel & Welsh (2009) identified fear has to effects and they are the
following:
1. “Fear is based on experience
Residents who are victimized or about to be victimized but
escape victimization are more fearful than those who did not yet
experienced victimization. They are very cautious that their
experience may repeat itself. Parents who have been victimized fear
for their children that they may also be a victim.”
2. “Fear can become contagious
When fear can spread to the neighborhood like a disease the
tendency of disorientation of the neighborhood and/or withdraw from
community life. When disoriented residents are no longer civilized.
When they tend to withdraw from community life wherein, they close
their door early in the evening and open it late in the morning the
tendency is youth may take risk to go out disregarding what might
happen to them outside their residents.

Siege Mentality
 The continuous presence of delinquent or gang related activities in a
neighborhood will become a normal activity already in that neighborhood.
That to the point that they do not care anymore to the effects of that
delinquent or gang related activities. They embraced it as a normal activity
in their residential area wherein being victimized is inevitable. When the
residents in a neighborhood develops siege mentality, they considered the
outside world as enemy especially the government and the police to the
point that they go to the streets and reacts violently due to mistrust to the
police or the government.

Gangs and Fear

 Gang related activities flourish in neighborhoods with ultimately high
poverty and unemployment rates where they even do illicit activities in the
open. These gangs are either supported by the community or the
community fears the gang to the point that they are afraid to report gang
related activities in their neighborhood.

Community Change
 Another factor that contributes to delinquency is the areas undergoing
developments where residents are forced to evacuate. Others move to a
better neighborhood while others moved to an unorganized neighborhood
where there is a high risk of victimization. Moving residents cause multi
heterogeneity in a certain neighborhood that may cause disparity among
its residents.

Collective Efficacy
 Residents in a socially disorganized neighborhoods are disadvantageous
on their part and increased risk of being victimized because the absence
of social control and social integration it weakens the social bond of the
residents that may increase delinquency rates.

MERTON’S THEORY OF ANOMIE

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Merton explains that kids who belong to the underclass without formal
education and have scarce resources and later be denied to attain what they want in
life such as power, money and greatness may develop criminal or delinquent means
to attain their goal.

Anomie
Siegel & Welsh (2009) defines anomie as “normlessness produced by rapidly
shifting moral values.” According to Merton, anomie occurs when personal goals
cannot be achieved using available means.

Social Adaptations
In attaining goals by an individual, he/she must consider the how to achieve
their social goal and also asses his/her self on the probability of achieving such goal.
The following are brief discussion with different modes of adaption:
1. Conformity
Conformity as where and individual attain his/her desire or goal by
legal means and by conforming to the standards of the society such as
working hard, studying really hard to land in a job with a good take home
pay and dedication to attain success.

2. Innovation
Innovation takes place where in individual believe in the social
conformity but do not have legal ways and means to attain their goal. Many
youths want to have easy and lavish lifestyle but do not have the financial
capacity to have such life which led them to attain it in other means such as
to be involved in illegal activities. Innovation is said to be the most leading
reason that is closely related to criminal behavior.
3. Ritualism
Ritualism does not really pertain to wealth but it is most focused on
attaining pleasure by use of traditional ceremonies by strict use of traditional
customs or religious ways.
4. Retreatism
Retreatists are the individuals who uses drugs and illegal vices to
escape reality for they do not have the ways and means to attain success be
it thru legal or illegal means.
5. Rebellion
The use of rebellion is one of the alternatives for an individual to attain
his/her goal. A common goal of an individual or a group which for them the
only mean to achieve it is by rebellion.

DIFFERENTIAL ASSOCIATION THEORY

According to Sutherland, acquiring a behavior is a social learning process and
not by any other process or means. Talents and motives by a delinquent are a result
of learning with others who are delinquent and or learned from adult criminal’s
attitude and behavior.

Principles of Differential Association The basic principles of differential

association are explained as follows:
1. Delinquent behavior is learned

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A delinquent behavior is learned as other things that we learned. We

can do many things because we have learned to do it and delinquent
behavior is no different from it.
2. Learning is a by-product of interaction
Learning is acquired or learned thru socialization or interaction to
others.
3. Learning occurs within intimate groups
Delinquent behavior is learned from close friends, peers or family.
4. Criminal techniques are learned
Criminal techniques are learned as such like a wealth that is passed to
younger generations by the older ones. Delinquent technique is like a
teacher student approach wherein they teach the younger ones how to
commit a crime.
5. Perceptions of legal code influence motives and drives
Kids who made contact to authority may have experience different
approach wherein others may admire or appreciate it and will eventually
learned be a good citizen while others do not.
6. Differential associations may vary in duration, frequency, priority, and
intensity
Behavior is learned thru the quality of socialization or interaction to
others, frequent interaction to persons who have good behavior may lead to
good behavior of the individual or vice versa, it is said that the early the child
be thought as to what is right and what is wrong is better or vice versa,
lastly, intensity pertains to the influence of people that surrounds an
individual such as family wherein behavior is easily learned from them.
7. Delinquent behavior is an expression of general needs and values, but
it is not excused by those general needs and values because
nondelinquent behavior is also an expression of those same needs
and values
Delinquency and nondelinquency cannot have the same causation. An
example here is being poor is not a reason for a delinquent act because
there are poor who may not be educated but have jobs, there are poor who
become educated and got a better job.

NEUTRALIZATION THEORY
Neutralization theory is based on the argument that delinquents from the
lower class of the society shows shame and remorse when found out to be doing
illicit activities.

Techniques of Neutralization
It explains that delinquent children justify their delinquent behavior. The
following justification they usually use are the following:
1. Deny responsibility
Young offenders justify their unlawful acts as caused by accidents that
is beyond their control.

2. Deny injury
Young offenders deny the fact that they have committed an unlawful
act wherein sometimes in denying, the parents support the young offender

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such as in theft where both the young offender and parents claim it as
borrowing instead of theft.

3. Deny the victim

Young offenders sometimes deny the victim because for them the
victim deserve it.
4. Condemn the condemners
It is where the young offender shifts the blame to others which caused
his unlawful act. The young offender may always be beaten up by parents
and take his anger/frustration to others and then blame his/her parents for
his/her unlawful misconduct.

5. Appeal to higher loyalties

Young offenders explain their unlawful misconduct wherein they only
abide to what the organization told or asked them to do.

To summarize neutralization theory, this is where young offenders deny,

justify and/or reason out their misconduct using a lot of excuses.

SOCIAL REACTION THEORY

Social reaction theory is also known as the labeling theory or vice versa.
Social reaction theory or the labeling theory is based on the premise wherein “people
take into consideration in identifying others as being deviant or criminal, and how
those who are so labeled react to that label and the consequences thereof.”

According to the social reaction/ labeling theory there are two kinds of
deviance which are the following:
1. Primary Deviance
Occurs when a violation was committed by a delinquent which will later
be forgotten. (A student who stole his classmates pen for him to use in
their exam goes on to graduate and have a stable job)

2. Secondary Deviance
Occurs when a violation was committed by a delinquent which was in
the custody of persons in authority then negatively labeled the delinquent.
(A student who shoplift in a department store, was caught by agent
of/person in authority and was negatively labeled as shoplifter or worst
criminal)

PSYCHOLOGICAL THEORIES
According to Moore (2011), the following psychological theories were used to
explain crime and delinquency:
a) Learning Theories
- Behavior is learned through modeling, instruction and social persuasion.
Behavior is conditioned over time by reinforcement.
 Observe delinquent behavior/ attitude from peers and parents.
Delinquent behavior is reinforced.
b) Intelligence Theories

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- Differences in IQ scores between delinquent and non-delinquent individuals

have been studied for many years. School factors mediate IQ and
delinquency link.
 Individuals with lower IQ scores do poorly in school, are treated poorly
by teachers/peers. This limit access to legal employment, positive
reinforcement at school and access to pro-social peers.
c) Personality Trait Theories
- Personality develops in childhood; is shaped in stages of development.
Personality made up of id, ego, and superego.
 Painful internal conflict develops between id and ego. Problematic
defense mechanism is developed to cope with conflict. Delinquents
have identifiable traits. When compared to non-delinquent boys,
delinquent boys were interpreted as being "less cooperative," "more
suspicious," "more destructive," "more "defensive," and having
"conscious or unconscious hostile tendencies".
d) Psychological theories
- concentrate on a person's underlying psychiatric illness that is manifested by
criminal and delinquent behavior should be the main point of attention.
 An underlying psychiatric disorder exists. The individual manifests this
disorder through behavior.
e) Theories of Development
- Observe the patterns and trends in the growth of social and cognitive
abilities.
 Patterns of delinquent behavior/thinking is developed overtime.
Delinquency in adolescence is normative. Risk factors can lead to
persistent delinquency.

CAUSATION OF JUVENILE DELINQUENCY

FAMILY AND DELINQUENCY

1. Family Structure
The Family size and birth position both had been found to have predictive
effects on delinquency.

a. Family size.
 Parents of larger families tend to give less parental attention to their children.
 Children of large families are having a greater chance to become delinquent,
and this is a predictive factor. It was found that delinquency is associated with
the number of brothers in the family, but not with the number of sisters.
 Members of large families had been found to be lacking in educational
success, they perform poor in school and they score low in IQ test, and low
intelligence.

b. The family's children in order of birth

 The birth order influences delinquent conduct, middle children more probable
to be delinquent compared to the first or last child, according to research.
 While the last child benefits from the parent's knowledge of child rearing as
well as from the presence of siblings who can serve as role models, the first
child receives the parents' undivided attention and love. The juvenile offender
may be the youngest or oldest child in a family.

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2. Relations Between Parents and Children

Having criminal parents is the best indicator of delinquency, according to
research. While a very little portion of this effect may be explained by genetic
variables, most of it must be connected to how parents interact with their offspring.
Parents may set an example of behavior for their children to follow or serve as role
models for aggressive and antisocial behavior, which breeds delinquency.

a. Rejection from Family

 Studies have revealed a strong link between delinquent behavior and parental
rejection.
 Some children experience parental rejection, and as a result, lose one or both
of their parents due to abandonment, sickness, divorce, passing away, or
government intervention.
 Even a brief mother's departure could hurt the child's emotional well-being,
according to British psychologist John Bowlby. Three stages occur in a child
who is separated from his mother:
 Protest – crying and screaming for her mother, seeming terrified, clinging
to her throughout visits, and howling when she goes.
 Despair – the child withdraws and starts sucking his thumb after a few
days.
 Detachment – is a state in which a person loses interest in their parents
and is unconcerned with their presence.

b. Home Discipline
 It's typical to attribute delinquent behavior to a lack of parental supervision
and discipline.
 Children that experience inconsistent or harsh discipline often grow up to
be troublemakers. These parents are different from typical parents in that
they reprimand severely and issue numerous directives. Some kids are
hard to control; in response to the child's persistent misbehaving, parents
may yell at them or give them repeated orders.
 Discipline is a shaping factor, as evidenced by the fact that parents of
typically developing children can make their kids behave badly by just
giving them additional directives.

1. Three different forms of dwelling produce three different sorts of behavior

a. A warm, welcoming, and fair home that fosters Conforming behavior.
b. A supportive, liberal, and understanding home that encourages Critical
behavior.
c. A dysfunctional, lonely, and lack of love in the household that encourages
Deviant behavior.

2. Family Model
a. Corporate Model – The top executive is the father. The mother serves as the
operational officer, carries out the father's directives, and supervises the
children, who serve as the staff and are given privileges and duties according

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to their seniority. In the corporate family, intimacy runs to the economic

motive and the father is the one who makes the most money.

b. Team Model – Father is in charge; the mother is in charge of the training table
and the cheerleaders. The kids play by the rules and keep fit by performing
conformity calisthenics since they frequently experience performance anxiety.
Competition is a way of life in the team family, and success is important.

c. Military Model – The father is the military chief. A specific assignment to the
nurse corps is given to the mother who is on guard duty when necessary.
Grunts make up many types. Children who act out are put in the stockade;
submissive wives run the prospect of being fired. Swift punishment and
character-building sadism are both used.

d. Boarding School Model – The mother works as a dorm counselor and is

responsible for overseeing the areas of emotions, illness, good deeds, and
bedwetting. The father serves as the rector or headmaster and is in charge of
educating students' minds and bodies. The youngsters are obedient learners.
There is nothing more for the parents to learn; all they can do is teach and
test.

e. Theatrical Model – The father produces and assumes the part of the parent.
Children, the stagehands, also play the parts of girls and boys in addition to
playing the stage manager's mother. Because the phrase is prewritten, the
characters are sexist caricatures, and the plot is well known, no writer is
required.

3. Cultural Scripts for the Contemporary Father

a. The Unnecessary Father – Portrays parenting, a unique societal role for men,
as either desirable or unattractive. Single mothers are said to be capable of
raising children just as well as married parents. Mothers without a man in the
father are told that they can discover the pleasure of being alone. Fathers are
useful in some ways but their presence is appreciated but not required.

b. The Old Father – The stereotypical patriarchal father wants to raise his
daughters as girls and the boys as men. He is manly, forceful, and
domineering. The traditional masculine values are viewed as having been
used to justify wife and child abuse.

c. The New Father – Portrays the father as nurturing individual, and a deeply
involved parent. He agrees that the problem of being a male must be
overcome and that masculine traits must also be removed from the male
offspring

d. The Deadbeat Dad – This person is horrible. Not the guy's badness as a
father, but rather his failure to pay the requisite child support, that is the issue
here. Money is the bottom-line; the core issue is money absence, not father
absence.

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e. The Sperm Father – Portrays a one-act dad who plays the father in a simple
role. Because he does not and cannot know his child, there are no
expectations of him. He may have been a one-night stand, have done a favor
for a friend, or have sold some of his sperm on a sperm bank. He is a man
who wishes to procreate without having to engage in fatherhood.

f. The Visiting Father – He is effectively invisible. He is part father, part stranger;

he sends in his child-support payments and exercises certain limited rights,
but has little authority over his child and less influence on the child’s values
and habits.

g. The Good Family Man – He is not perfect but enough to be irreplaceable. He

is married, stays around, and is a father to his children. He believes that it is
his responsibility to provide for his family’s well-being and to help his wife
raise their children to have a good moral character.

4. Quality of Home
More so than whether or not the family is intact, poor family life, as assessed
by marital adjustment and harmony within the house, has an impact on a low
incidence of delinquent behavior among children.

Whether or not children become delinquent depends on how happy the

marriage is, how well the spouses get along, and how well the family is connected.

a) Broken Home. This does not refer to parents splitting up and leaving their
kids behind, but rather to the presence of negligent parents who cause
frequent fighting at home. The danger of inappropriate behavior increased in
broken homes.
Effects of Family Separation on Children:
1. Having a single parent as opposed to two parents reduces the quantity
of supervision that deters crime.
2. Divorce leads the family to relocate to a neighborhood with a high
delinquency rate since poverty, which is linked to deviance, is a result
of the divorce.
3. Divorce makes people less stable than usual, and their children inherit
this instability.

b) Single Parent family. The majority of single-parent households are the result
of divorce, with some of the impact coming from the deteriorated relationships
between the parents before the collapse of the family.

Single-parent families' effects

1. Compared to married people, single parents are far more likely to be
poor or live in a neighborhood with a high delinquency rate.
2. Single parents could have a harder time keeping their kids under
control during late childhood and adolescence.
3. Before the dissolution of the family, the fathers of children of single
moms may have engaged in criminal activity or been alcoholics, which
may have had an impact on their offspring.

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B. DELINQUENCY AND SCHOOL

Education is typically the route to professional prominence; thus, it makes
sense that delinquent behavior would be more likely in children who are denied this
route to success due to inadequate academic achievement.

We have seen that some schools are more likely to produce delinquency than
others as characterized by:
1. larger intake of lower ability pupils, which allow anti-school culture to
flourish.
2. more fuss about rules and higher level of punishment
3. reluctance to allow pupils to take part in decision-making and discipline
4. low expectation as to educational and behavioral outcomes
5. lack of coordination of within the staff

The development of an anti-school culture is related to the increasing salience

of school judgment of ability. These judgment in turn lead to difference in treatment
which make it more likely that negatively judged pupils will be treated.

School processes do have an effect on the behavior of schoolchildren such

that the institution singles out a certain kind of pupil for certain kinds of treatment.

Insufficient academic achievement

Delinquent behavior and poor academic achievement have been connected
directly. There is a common understanding that pupils who consistently perform
below grade level are among those who are most prone to engage in criminal
activity.

Being unsuccessful in school can cause frustration, rage, and low self-
esteem, which can lead to delinquent conduct.
Relationships between school failure:

 It is possible that delinquents have lower IQs than non-delinquents, which

could possibly account for their subpar academic performance.

 In addition to being linked to delinquent behavior, unstable family

dynamics have also been linked to academic underachievement.

 Low self-control and impulsivity, which are also factors that may lead to
academic failure, have been linked to delinquency.

 Drug use, depression, starvation, abuse, and sickness are all signs of a
generally difficult lifestyle that an adolescent with both academic failure
and criminal activity may be dealing with.

School Failure Causes:

1. Social Class. Working class children are not as well equipped to function
in middle class schools because of their impoverished background. They

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lack the motivation, parental support, and academic skills which they need
to do well. Scholl failure is more detrimental to middle- and upper-class
children because of heightened expectation of these children.

2. Tracking. According to each student's aptitude and achievement level,

groups are formed through tracking.

Tracking Effects
a. Self-fulfilling Prophecy. Low-track students tend to act by these
frequently implicit behavioral presumptions since they are anticipated to
perform poorly and behave more inappropriately.
b. Stigma. Losing self-esteem as a result of being placed on a low track
has a labeling effect that raises the risk of academic failure and
misbehavior both inside and outside of the classroom.

c. Student Subculture. Instead of the academic success, they feel they will
never achieve, students who are divided into inferior tracks establish a
value system that frequently favors misconduct.

d. Teacher effectiveness. Compared to teachers of lower-level pupils,

those who teach high-ability kids make a greater effort to engage and
challenge their students.

e. Future rewards. Low-track students don't see any benefits from their
education in the future; instead, a history of misbehavior or poor grades
puts their prospects in jeopardy.

f. Grading Policies. Even with work of equivalent quality, low-track

students frequently obtain grades that are lower than those of other
students.

g. Student Alienation. Alienation is the sensation of being cut off from and
distant from mainstream society.

Schools that do not maintain a pleasant school atmosphere run the risk of
developing a big number of cynical, alienated pupils who claim they do not care
about their teachers' opinions or like going to school.

C. ADOLESCENCE, PEER AND DELINQUENCY

1. Adolescence. The period of transition between childhood and maturity is
known as adolescence. The puberty-related biological changes cause a stage
of life that is turbulent, emotionally charged, and full of storms and stress.

Three version of Peer-Delinquency Relationship:

a) Antisocial Adolescents. Tries to associate with criminals that share

similar views. If criminal behavior is committed in groups “birds of the
same feather flock together” and not because deviant peers cause
otherwise law-abiding youths to commit a crime.

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b) Social Kids. The delinquency experience marked by close peer group

support. Kids who maintain friendship with antisocial friends are more
likely to become delinquent regardless of their own personality makeup
of the type of supervision they receive at home.

c) Interactive Kids. Peers and delinquency are mutually supporting. As

children move through the life course, friends will influence their
behavior and their behavior will influence their peers.

2. Delinquent Peers

What is a GANG?
According to Moore (2011), the majority of the members live in a more or less
clearly defined zone, and they are a friendship group of young people who have
similar interests. In status-setting conflicts that take place in schools and on the
streets, they are dedicated to protecting one another, the territory, and the gang’s
name.

In addition, A gang, is an organized social organization that is both semi-

private and semi-secretive. It is controlled by a leadership structure with clearly
defined responsibilities, as well as social codes that govern both these roles and
those of its rank-and-file members.

1) Characteristics of Gang

a. Organization - creation of an administrative body.

Organization Styles of Gangs

The Vertical/hierarchical style.
 The greatest way to maintain a clear authority structure was
to employ this type of structure for ongoing territorial
development in order to improve business opportunities.
The horizontal/commission type.
 Specific positions in this type of structure are not arranged in
a hierarchical manner, with responsibility being distributed
equally. This type of gang makes decisions more slowly.
The influential model.
 Although there aren't any official ranks, the other members
tend to view two to four people as legitimately forming the
leadership. Since they were perceived to possess personal
traits that set them apart from others, their authority is
endearing.

b. Leadership – gangs have established leaders, like militaristic or

mafia style model – the top authority positions analogous to that of
the highest-ranking officer in a military unit, rule by force by the
leader who is usually older, stronger and reversed by gang
members.
c. Turf – crossing gang boundaries and entering another gang area is
a specific neighborhood or territory.

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d. Cohesiveness – share privacies with one another than their non-

delinquents to believe they can trust their friends and have their
trust on their friends.
e. Purpose – delinquent gangs have been typically though to exist for
the purpose of committing offense.

2) Traits of Gang. People grow up in slum regions as a result of their

living circumstances has a particular set of character trait known as
Defiant Individualism.
a. Competitiveness – in order to survive, a child growing up in a slum
environment must learn to compete for limited resources.
b. Mistrust – the child comes to understand that he cannot have faith
in people since they would always put their own interests first.
c. Self-reliance – the person discovers that he or she can depend
alone on themselves and that receiving help comes at a price.
d. Social isolation – the person learns to avoid developing strong
emotional ties with people because doing so will only make things
worse.
e. Survival instinct – this trait is strengthened by the young person's
exposure to the neighborhood losers, who provide him extra
motivation to avoid being brought down.
f. Defiant – the person lets leaders know that he won't submit and
makes that obvious.

Axiomatic Proposition of Drugs and Delinquency

a. The more an adolescent uses drugs, the more likely it is that he will come to
the attention of the juvenile justice system.

b. The more the adolescent uses drugs, including alcohol, the more likely it is
that he become physically and psychologically dependents on drugs.

c. The more that the adolescent is physically and psychologically dependent on

drugs, the more likely it is that he will commit delinquent acts to support the
drug habit.

d. The more that the adolescent is physically and psychologically dependent on

drugs, the more likely it is that he will become involved in highly delinquent
peer culture.

e. The more an adolescent commits delinquent acts and is involved in a highly

delinquent subculture, the more likely it is that he will be adjudicated
delinquent and be placed under the supervision of the juvenile court.

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CHAPTER 2
Definition of Terms, Rights of a Child and Parental Authority

Learning Objectives:
 Define and enumerate parental rights, responsibility, and disciplinary authority
over their children.
 Distinguish and explain the Rights, Welfare, and Protection of Children under
applicable laws.

The rights of a child as mentioned in PD 603, often known as the Child and
Youth Welfare Code:
ART. 3. Rights of the Child. – children’s rights as outlined in this document without
regard to their legal or illegal status, gender, socioeconomic standing, religion,
political antecedents, or other characteristics.
1. According to established medical terminology, every child has the right to a
healthy birth because they are born with the worth and dignity of other human
beings.
2. Anyone under the age of 18 has the right to live in a healthy family
environment that will offer him security in both his moral and material well-
being as well as love, care, and understanding.
a) A home alternative that is close by must be given to a dependent or
abandoned youngster.
3. Any child has the right to complete psychological development so that he can
grow up to be a content, beneficial, and engaged member of society.
a) The opportunity and support needed for the exceptional child to hone
his unique talents must be provided.
b) The child who is emotionally unstable or socially awkward must be
handled with compassion and understanding, and they have a right to
treatment and professional care.
c) The treatment, instruction, and care necessary for the child's specific
condition must be provided, whether they are physically or cognitively
challenged.
4. Every kid has the right to a balanced diet, appropriate clothing, a safe place to
live, access to quality healthcare, and all other basic physical requirements for
a healthy, active life.
5. Each kid deserves to grow in a morally upright environment in order to
develop and build his character.

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6. Each child has the right to receive an education that is capable of meeting his
or her needs and fostering the growth of the skills necessary to increase their
capacity for self- and other-serving service.
7. Each child deserves the right to a broad range of options for healthy leisure
time activities, both social and individual, that are both safe and enjoyable.
8. Every child has the right to be safeguarded from abuse, harmful influences,
dangers, and other situations that could harm their moral, social, emotional, or
other growth.
9. Each child has a right to belong to a neighborhood and an environment that
can provide him with a setting free from negative influences and helpful for
fostering the development of his positive character attrinutes and qualities.
10. Every kid has a right to receive the care, assistance, and protection of the
State, particularly when his or her guardians or parents are unwilling or unable
to provide for his or her basic needs for development, growth, and
advancement.
11. Every child has a right to an efficient and dependable government that will
support his faith in the democratic process and inspire him with the values of
the elected officials in both their personal and professional lives.
Every kid has the right to grow into an independent person in a setting of
peace, compassion, and brotherhood while also making the commitment to do
his part to help build a better world.

PARENTAL AUTHORITY
Duties of Parents (Article 46, PD 603)
1. to show him, love, be with him, and better comprehension.
2. to provide him with the benefits of religious teaching, moral instruction, and
self-control.
3. to keep an eye on everything he does, even his leisure time.
4. to teach him the virtues of hard work, frugality, and independence.
5. should pique his keen interest in civic issues, instruct him on his
responsibilities as a citizen, and strengthen his sense of loyalty to his nation.
6. to provide him with accurate advice on any issue affecting his growth and
well-being.
7. to always act morally and ethically.
8. to provide him with the proper backing.
9. to manage his assets, if any, in a way that serves his interests.

LIABILITIES OF PARENTS (Article 58, PD 603)

1. hides or abandons the child with the intent to cause the child to lose his or her
civil status.
2. abandons the child in a way that prevents him from receiving the necessary
love, care, and protection.
3. abandons or sells his kid to a third party in exchange for money.
4. by denying the child the education that the family's financial situation and
position in life enable.
5. fails or refuses to enroll the kid without a valid reason.
6. causes, mitigates, or enables a child's truancy from the educational institution
wherein he is enrolled.

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7. misuses the child by taking advantage of him in one way or another, such as
by utilizing him for begging or other activities that are detrimental to his
welfare and interests.
8. the youngster is intentionally subjected to indignation and another severe
chastisement that makes him feel ashamed or degraded, or he receives cruel
and unusual punishment.
9. causes or promotes a child's immoral or rebellious behavior.
10. allows the youngster to have access to a dangerous weapon, regardless of
who owns it, and to handle it or carry it.
11. enables or mandates driving with a driver's permit that the parents are aware
was obtained illegally.

Parental Responsibility in Light of E.O. No. 29, Also Known as the Philippine
Family Code
Manresa defines parental power (patria potestas) as "the accumulation of
privileges and responsibilities that parents have in connection with the individual and
assets of their families until their release from parental control, even after this under
certain circumstances.

Evolution of the Concept:

"Under the influence of Christianity, this institution has evolved into something
entirely different from the unrestricted powers of Roman law, which included the
authority to decide a child's life or death (jus vitae ac necis). Modern thinking tends
to see it as a parental responsibility for the good of the kids, under state control. No
task, no task is greater than a power; no set of rights is more than a collection of
responsibilities; no sovereignty is greater than a holy trust for the wellbeing of the
minor (Puig Pena)." (I Reyes and Puno, id., pp. 295-296).

Parental Authority's Goal:

The Supreme Court ruled in Reyes v. Alvarez, 8 Phil. Parental authority is
outlined in Article 723, and it "has as its purpose not only the children's healthy
physical development but also the development of their mental perception and the
nourishing of their appetitive sensitive faculties."

THE FAMILY CODE OF THE PHILIPPINES

EO No. 209

Parental Authority Characteristics

1. It is a normal responsibility and right of the parents. (Art. 209, Family Code).
2. Except in situations specified by law, it cannot be renounced, transferred, or
waived. (Art. 210)
3. The mother and father both have joint control over it. (Art. 211)
4. It can only be used personally and cannot be entrusted to agents.
5. It is only temporary and will come to an end when either the parent can no
longer properly exercise their power over the child or the youngster is
emancipated or otherwise capable of taking responsibility for himself and his
possessions.

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Art 209. The parental responsibility and authority shall include the care and
the raising of those kids for civic responsibility and efficiency as well as the growth
regarding their personal, moral, and psychological health. This is done in accordance
with the parents' natural right and duty to their unemancipated children's person and
property.

Parental "Responsibility" Is Included in Parental "Authority"

Considering that, as already pointed out, parental authority has evolved under
the Christian influence from the unlimited power of life and death of the parent over
his children into a function or duty of the parent for the benefit of the child, the Family
Code includes the concept of “responsibility” in parental authority.

On the other hand, the Committee considered it very important to retain the
concept of parental “authority” considering that from the social point of view, one of
the things that erode present society is the tendency of children to forget parental
authority. For this reason, the committee believes that the concept of obedience to
parents must still be emphasized, which is in keeping with “authority.” (See Minutes
of Committee Meeting of November 23, 1985)

What Parental Authority Includes under this Article:

This Article emphasizes that parental authority and responsibility. The following
are included under "the inherent rights and duties of their parents over the individuals
and wealth of their emancipated children":
1. the raising of children to foster civic awareness and effectiveness, and
2. the growth of the children's moral, intellectual, and physical characteristics as
well as their well-being.

Art. 210. Authority and responsibilities of parents may not be renounced

or transferred except in the cases authorized by law.
Parental rights and obligations cannot be waived or transferred outside of the
circumstances permitted by law, such as:
1. adoption;
2. legal custody; or
3. engagement of the child in a facility that provides child care or a children's
home (Art. 223-224)

Authority and responsibilities of parents may, however, be waived as in the

case of the emancipation by the parent of a minor who has reached the age of 18 by
agreement and put into record thereof in the Civil Registrar (Art. 234)

Art 211. Together, the mother and father must have exercised parental
control over the lives of their shared children. Except there is a court ruling to
the contrary, the father's judgment shall be final in the event of a dispute.

So long as their kids are still under their parental control, kids have a duty to
show their parents respect and regard and obey them. (PD 603).

Both parents exercise joint authority over their children:

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1. The Civil Code, P.D. 603, and the Family Code all provide that the mother
and father will jointly be in charge of raising their common offspring, who
may be:
a. legitimate; (valid marriage)
b. legitimated; or
c. adopted.
2. The reason for joint parental authority of both parents, as distinguished from
the sole parental authority exercised by the father under the Civil Code of
Spain, was aptly given by the Code Commission that drafted the Civil Code
of the Philippines as follows:
“The jointly parental authority is more in keeping with reality. The law
should reflect actual life, and should not lay down a purely legalistic rule that
is far from the true facts. This expressed legal recognition of the mother’s
role in the family is but deserved tribute to her immeasurable sacrifices for
the children.” (Report of the Code Commission, p. 90)

Except there is a court ruling to the contrary, the father's judgment shall
be final in the event of a dispute.
In view of the joint parental responsibility for their young children, disagreement
between the parents cannot be avoided. Hence, the Family Code, like the Civil
Code and P.D. 603, provides that "In the event of a dispute, unless a court ruling
specifies otherwise, the father's judgment shall be final.

Some women’s groups, together with the National Commission on Women,

have questioned why the Family Code has continued to give preference to the
decision of the father in matters affecting the commo9n children, when one of the
main reasons for the enactment of the Family Code is to give equal; rights to
husbands and wives, and to fathers and mothers. The Committee believes,
however, that while there are matters that do not need immediate decision and can
be left for the courts to decide in case of disagreement between the parents, there
are cases which require immediate decision, so that there is a need for temporary
modus vivendi before the matter finally winds up in court. And following tradition, the
husband’s father or decision should prevail contemporary until the court decides the
matter. (See Minutes of Committee meeting on June 27 and July 4, 1987)

Art 212. Even if one parent is not there or passes away, the other parent
will still be in control. Unless another person is named by the court as the
guardian of the children's person or property, the surviving parent's
remarriage will not impede their ability to raise the children.

Art 213. In the event of a divorce, the court will select one parent to act
as the child's parent. Unless the chosen parent is unfit, the court must take
into account all pertinent factors, notably the child's preference if they are
older than seven.

If the court does not rule otherwise due to compelling circumstances, no

child under the age of seven may be taken away from their mother.
Who assumes parental responsibility in the event of a parent's absence, death,
remarriage, or separation?
1. if one or both parents are not present. present is the parent.

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2. in case both parents die; the parent in attendance.

3. if the surviving parent remarries, they will still be the parents of the child
unless the court names someone else as guardian.
4. if the parent's divorce. the parent that the court has chosen.
a) Except the child's selected parent is unfit, the court has to consider into
account all pertinent factors, notably the kid's preference if the
youngster is older than 7.
b) Except a judge discovers compelling reasons to rule differently, no
child under the age of 7 may be parted from the mother.
c) A child under the age of seven cannot be parted from the mother,
according to the Family Code, which reinstates this Civil Code rule.
(Article 363), PD 603 was modified by lowering the child's age to 5
years (Art. 17, 3rd par.) ii. The Committee agrees with the framers of
the civil code that a child below 7 years still needs the loving, tender
care that only mother can give.

What are the “compelling reasons” that would justify the court in taking
the child away from the mother?
1. “Examples of compelling reasons” are when a woman is deemed
unsuitable to care for and have custody of her child, it may be because she
is insane, has a contagious illness that could threaten the child's health and
life, has been abusing the child, or for other similar reasons.
2. However, the mother's prostitution or past infidelity to her husband does
not make her an unsuitable mother. In their remarks on Civil Code Article
363, the Code Commission noted the following:
“The general principle is advised to prevent numerous tragedies when
mothers have lost their children. A mother who loses her child at a young
age cannot express the great regrets she feels. If the heart of a mother is
not to be unnecessarily broken, the exception to the rule must be made for
"compelling reasons" that are in the best interests of the child; these
situations must be extremely rare. The penalty of incarceration and the
divorce judgment (related divorce) will typically be enough punishment for
her if she made a mistake as in the case of adultery. Additionally, because
the infant is still too young to comprehend her circumstances, her moral
failure will have no impact on him.”

Art 214. The surviving grandparent shall exercise substitute parental

authority in the event of the death, absence, or inability of the parents. If more
than one person survives, the court will appoint one to exercise the authority
while taking the same factors into account as in the article before.

In the event that both parents are unfit, die, or are absent, who will have
parental authority?
1. In case of death, absence or unsuitability of both parents, the surviving
grandparents shall exercise substitute’s parental authority over the minor
children.
2. If there are several grandparents, the one designated by the court, taking
into accounts the same consideration mentioned in Art. 212, shall exercise
substitute parental authority.

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(Note that the above provisions change the rule in Art. 355 of the Civil
Code giving preference to the parental grandparents over the maternal
grandparents.)
3. In Flores vs. Esteban, 97 Phil. 439, it was held that although the paternal
grandparents are preferred in the exercise of substitute parental authority
under Art. 3553 of the Civil Code Art. 363 provides that “in all questions on
the care, custody, education and property of children, the latter’s welfare
shall be paramount.” If, therefore, the maternal grandparent is in a better
position to protect the child, this grandparent should be preferred under
Art. 363.

Art. 215. A descendant is not compelled to provide evidence against his

parents or grandparents in court unless it is necessary to prove their guilt in
the case of a crime committed against them or by one of their parents against
the other.
1. This article is known as the rule on “filial privilege” and is intended to
preserve family solidarity, which is more important than the prosecution of
the offense against parents and grandparents in a family. Another reason
for the provision is to avoid a situation where one parent uses a common
child against the other in cases between the parents.
2. Unlike Art. 315 of the Civil Code which applies the provision to all
ascendants, the above provision of the family code limits its applicant to
parents and grandparents, the reason for the inclusion of “grandparents”
being that they usually have a special relationship with the child. The
Committee believes, however that to include all “ascendants” in the rule
would extend the prohibition too much. The more compelling relationships,
which require such a rule, is, however, that of parent and child.
3. Remember also that:
a. the rule applies only to compulsory, not voluntary testimony.
b. the rule applies only to criminal, not civil cases.
c. the criminal case filed against a parent may have been filed by the
other parent or by a third person.

Art. 216. The following individuals will take over as the child's substitute
parents in the event that their own or a guardian designated by a court are not
present.
1. The grandmother who is still alive, as specified in Article 214;
2. The oldest sibling or even anyone who is twenty-one years old, except they
are unfit or ineligible.
3. The actual custodian of the child, or even if they are twenty-one years old
unless they are unfit or ineligible.

When appointing a legal guardian over the child's property is required,

the exact same procedure for the child must be followed, as well as a similar
order of presentation.

Who exercises substitute parental authority over children?

In default of the parents or a judicial guardian, this provision confers upon the
following right to exercise, substitute parental authority over the child in the order
indicated.

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1. The surviving grandparent (but if several survive, the one designated by the
court pursuant to Arts. 213 and 214)
2. The oldest brother or sister, over 21 years old, unless unfit or disqualified.
(This custodian need not to be relative of the child, but he or she must have
actual custody of the child.)

Liability of parents for torts committed by their minor children:

1. Emancipated children's crimes are the responsibility of their emancipated
parents and other people in positions of parental control;
a. assuming they are residing with their business,
b. subject to the proper legal defenses, such as the parent's having
used the care of a decent father to protect the family to avert harm.
(Art. 2180, Civil Code)

2. This obligation does not apply if the offending minor isn't staying with the
parents and is instead in the care of others or is enrolled in school. The
liability of the parents and those exercising parental authority over the child
is solidary (Araneta v. Arreglado, 104 Phil. 529) and primary and direct, not
subsidiary (Barredo v. Soriano, 73 Phil. 607)

Examples:
a. if a young child drives the family car recklessly, the parents are liable for
the damage done (Gutierez v. Gutierez, 56 Phil. 177)
b. if the child while living with the parents, commits and illegal acts in the
streets, the parents are liable. (V Tolentino, id., 1959 ed., p. 521)

Art. 222. When it is in the child's best interest, the court may name the
guardian of the child's property or a guardian-ad-litem.

Art. 223. The child's legal guardians, or, in the event of their being absent
or incapacity, the person, entity, or entity having parental power, may petition
the appropriate court of the child's residence for an order outlining corrective
action for the kid. The person asking for relief and the child will each be heard
in a summary hearing, and the youngster has the right to legal representation,
which may be chosen by him or chosen for him by the court.

However, if the petitioner is found to be at fault in the same hearing,

regardless of the petition's merits, or if the situation so warrants, a court can order
the suspension or loss of parental power or take other actions it deems appropriate
and just.

Art 224. The steps mentioned in the following article may involve placing the
child in a children's home that has been properly accredited by the relevant
government body for a period of no longer than thirty days.

When exerting parental authority, the parent must make sure that the child is
supported and does not interfere with his care. The court may end the child's
commitment anytime it is just and appropriate, either upon valid petition or on its own
initiative. (319a)

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Measures to assist parent in imposing discipline on the child:

1. Some children are so rebellious, spoilt, obstinate, and hardheaded that their
parents or other adults in charge of them find it impossible to discipline and
manage them. Under the terms of this Article, they may seek the court for
help.
2. A petition for an order establishing disciplinary measures for the kid must be
filed in the proper court in the location wherein the child's family resides
(which may be the parents' home or some other location).
3. The child has the right to counsel of his or her own or counsel chosen by the
court during the petition's summary hearing, which will take place.
4. If the court decides that the petition is legitimate, it will impose appropriate
sanctions on the child, such as his confinement for no longer than 30 days in
a facility that provides child care or in a children's home that has received
sufficient government accreditation (such as Boy's Town or Nayon
Kabataan).
a. Parents are not allowed to meddle with their children's care while they
are committed.
b. But the cost of the child's support must be covered by the parents.

5. The court may adjourn when it sees fit and proper, whether in response to a
valid petition or on its own initiative. If the court determines that either parent
or petitioner is at fault regardless of the grounds of the petition (such as
when the parent has mistreated or abandoned the kid), the court can further
order the revocation or suspension of their parental authority or take other
actions that it may judge equitable and appropriate. (The court may also
appoint a guardian over the child.)

Art. 226. Unless otherwise specified in the title or transfer, the

unemancipated child's property that is earned or gained via labor, industry, or
through a burdensome or gratuitous title belongs to the child in property and
is used only for the child's support and education.
The parent's claim to the fruits and revenue of the child's property shall
be restricted to providing for the child's support and, secondarily, for the
family as a whole's daily necessities.

The following is a list of what constitutes the child's "property":

1. Income from labor, employment, or business;
2. Property that the child gained by a gratuitous title;
3. Proceeds of all the child's possessions, whether they were gained by
advantageous or burdensome title;
4. The child's property must have a burdensome title.
5. Proceeds from insurance that go to the child.

What are the limitations on parental use of the child’s property's fruits and
income?
The followings include the proceeds of earnings that parents may use as their child's
property:
1. Mainly for the child's benefit and educational upbringing;
2. Second, to meet the family's overall daily demands (which means the daily
needs of the family as a social unit, like food and shelter, but not specific

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and individual needs of another child like his education, clothing, or medical
attendance, which should be paid out of the absolute community or
parents’ conjugal properties).

Art. 228. Permanent loss of parental authority:

1. After the parents' demise;
2. Following the child's demise; or
3. Upon the child's emancipation.

Parental authority in the above cases terminates permanently because there is

no possibility of its revival.

Art. 229. Additionally, parental authority expires unless it is later

reinstated by a court decision:
1. After the child's adoption;
2. After the general guardian is appointed;
3. After a court rule that the child was abandoned in a lawsuit that was
specifically brought for that purpose;
4. Following a court's final decision stripping the offending party of parental
rights; or
5. After a court declares the parent with parental power incapacitated or
absent

Parental power has been suspended but may be restored by a court decision:
Additionally, the parental authority may be revoked:
1. After the child's adoption;
2. After the child's general guardian is appointed (e.g. over his person and
property)
3. Upon court declaration of the parent acting in their parental capacity's
abandoning the child in a case specifically brought for that purpose;
4. Upon a competent court's final decision removing parental responsibility
over the child.

Parental control may be restored in the aforementioned situations by final

judgment:
1. Rescinding the adoption of the child (see Art. 193);
2. Terminating the judicial guardianship over the child;
3. Restoring parental authority to the parent who has returned home after
abandoning the child or has been divested of parental authority for any
reason; or
4. Restoring parental authority to an absent parent who has returned or
formerly incapacitated parent who has regained his or her incapacity.

Art. 230. Parental authority is revoked if a parent or the is found guilty of

a crime that carries a civil interdiction penalty. Upon payment of the fine or
upon the offender's pardon or amnesty, the authority is immediately restored.

Civil restraint or a parent who abdicates parental responsibility:

1. If a juvenile kid is convicted of a crime that involves a civil interdiction
penalty, parental authority over that child is suspended.

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2. However, the parent's parental authority is immediately restored after

serving the sentence, as well as after being pardoned or granted amnesty.
3. The parental authority of a parent over their child is immediately reinstated;
no court order is required to do so.

Art. 231. In a lawsuit linked to or brought for that purpose, the court can
also revoke the parent's power if either parent or the individual who is
exercising it:
1. Uses extreme brusqueness or brutality toward the child;
2. Issues corrupting directives to the youngster, such as advice;
3. Makes the child beg; or
4. Subjects the kid to acts of sexual misconduct or permits them to be
performed on him.

The aforementioned grounds are understood to apply in situations where

parents or the person with parental authority was culpably negligent.

The court may strip the guilty person of their parental rights or take other
appropriate action if the nature of the offense so justifies or the child's well-being so
demands.

If the court determines that the cause is over and won't happen again, it may
withdraw the revocation or deprivation and reinstate parental power in the case that
was brought for that reason or in the same hearing.

Parental authority is suspended:

1. The court may suspend parental power in a proceeding for that reason or a
related case if the parent:
a. Uses severe scolding or brutality toward the youngster;
b. Issues with children corrupting orders, using the counselor as an
example.
c. Forces the youngster to beg;
d. Engages in or permits acts of lasciviousness to be performed on the kid.
2. The aforementioned grounds cover situations where a parent acting in their
parental capacity has been culpably negligent due to there are also parents
who, without actually engaging in the aforementioned offenses, are aware
of their children's commission of acts like begging, participating in indecent
shows, or the like, but fail to stop them or even step in when they do so for
financial gain.
3. Court may strip the guilty parent of parental rights or take other actions that
may be appropriate in the given situation, depending on the severity of the
parent's wrongdoing and the needs of the kid.
4. However, if the court determines that the reason has ended and won't recur,
it may withdraw or lift the suspension of the parent's parental power
suspension and reinstate the parent's parental authority in a separate case
or within the same action.

Art. 232. The parent's power will be permanently revoked by the court if
they sexually abused the child or permitted it to happen.

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When a parent will be permanently stripped of their parental rights:

1. If a parent or parents acting in their parental capacity have sexually abused
the child or have stood by and done nothing, the court of such authority shall
permanently deprive the parent/s.
2. The deprivation of parental authority being permanently, such authority can
no longer be revived or restored.
3. Examples, of this case are parents who allow their children to become
prostitutes, or a father who rapes or seduces his own daughter.

Art. 233. A person who is acting in place of a parent has the same control
over a child's personality as the parents do.

Under no circumstances may a school official, teacher, or other person

in charge of a kid or acting in a parental capacity use physical punishment on
them.
1. The person acting in the place of a parent has the same control over the
child's personality as the parents do.
2. This authority includes the power to punish the child as necessary given the
situation. (Which includes punishing him or her moderately but not
amounting to maltreatment or cruelty).
3. However, those with special parental authority cannot physically punish the
child.

MAJORITY AGE AND EMANCIPATION

Art. 234. When a person reaches the majority, they become free. Unless
otherwise stated otherwise, the age of majority is twenty.

Aside from that, emancipation occurs:

1. Through the marriage of a child.
2. By recording a public instrument including an agreement signed by the minor
under the age of eighteen and the parents acting in their capacity as legal
guardians in the Civil Register. This emancipation will be final.

The above article has been amended by Section 1, Republic Act 6809.

Art. 234. When a person reaches the majority, they become free. Unless
otherwise stated, the age of the majority is eighteen years old.

Art. 235. An orphaned child and the person in charge of exercising

parental authority are likewise subject to the rules of emancipation by
recorded agreement, but the agreement must first have judicial approval
before it can be registered.

The Article above has been expressly repealed by Sec. 2 of Republic Act No.
6809, the reason being that under said law, 18 years old is now the majority age.
Art. 236 A child who becomes emancipated for any reason loses
parental control over their person and property. At that point, they are legally
capable of performing all civic duties and are accountable for them.

Article above has been amended by Sec. 3 of Republic Act No. 6809:

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“Art. 236. In the event of emancipation, parental control over the child's
person and property is terminated. At that point, with the exception of any
specific circumstances allowed by law, the child is qualified and accountable
for all civil life activities.

Before the age of 21, parental permission is required before entering

into a marriage.

“Nothing in this law shall relieve parents and guardians of their

obligation to care for children and wards listed in both the second and third
sections of 2180 under Civil law who are under the age of twenty-one.”

Above amendment excepts marriage and torts from the full

emancipation of a person who is 18 years old or older, for he or she is below
21 years old still cannot get married without parental consent, and the parents
and guardian are still liable for his or her torts provided they are living
together, as stated in Article 2180 of the Philippine Civil Code.

There seems to be an oversight in the above amendment in referring to

guardians, however, because whatever guardianship had existed over the
person who was 18 years of age or older but under 21 years of age before
approval of Republic Act 6809 would already be terminated by said act
because 18 years old is now the age of majority under Act.

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled: Republic Act No. 7610 June 17, 1992, AN ACT
PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION
AGAINST CHILD ABUSE, EXPLOITATION, AND DISCRIMINATION, AND FOR
OTHER PURPOSES

Section 1. Title. – This law is referred to as the "Special Protection of Children

Against Abuse, Exploitation, and Discrimination Act."

Section 2. State Policy and Principles Declaration. - It is hereby declared to be

the policy of the State to provide special protection to children from all forms of
abuse, neglect, cruelty, exploitation, and discrimination, as well as from other
conditions that could harm their development; to provide sanctions for their
commission; and to implement a program for prevention and deterrence of child
abuse; as well as crisis intervention in cases of child abuse, and to carry out these
policies. When a parent, guardian, teacher, or another person with care or custody of
the child fails or is unable to protect the child from abuse, exploitation, and
discrimination, or when such acts against the child are committed by the said parent,
guardian, teacher, or person with care or custody of the same, the State shall
intervene on behalf of the child.

It must be the policy of the State to safeguard and rehabilitate children who
are badly endangered or threatened by events that are affecting or will be affecting
their survival and normal development and over which they have no control.

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According to the principle of First Call for Children as stated in the United
Nations Convention on the Rights of the Child, the best interests of children must be
the primary consideration in all decisions involving them, whether they are made by
public or private social welfare institutions, courts of law, administrative authorities,
or legislative bodies. The welfare of children must be prioritized, and their chances of
leading fulfilling lives must be improved.

Section 3. Definition of Terms. –

a. "Children" is used to describe a person who is under the age of eighteen (18) or
who is older but is unable to adequately care for oneself or protect themselves
from abuse, neglect, cruelty, exploitation, or discrimination due to a physical or
mental handicap or condition;
b. "Child abuse" refers to any of the following when a child is mistreated, whether
it is habitual or not:

1. abuse of the mind and body, cruelty, neglect, sexual abuse, and emotional
maltreatment;
2. any act that diminishes a child's inherent worth and dignity as a human
being, whether via words or deeds;
3. the unreasonable deprivation of his essential needs, such food and shelter;
4. If an injured child is not given medical care right away, it could seriously
harm his development and growth, leave him permanently disabled, or even
cause his death.

c. "The following are only a few examples of "circumstances which gravely

threaten or endanger the survival and normal development of children":
1. being affected by armed conflict-related activities or living in a community
where there is an armed conflict;
2. working in circumstances that endanger their lives, their safety, and their
normal growth;
3. without parental or guardian supervision or access to the fundamental
services required for a high standard of living, living in or fending for oneself
on the streets of urban or rural locations;
4. belonging to an indigenous cultural group, enduring great poverty, residing in
a developing country without access to essential services necessary for a
high standard of living;
5. becoming a victim of misfortune or disaster, whether natural or man-made;
or
6. similar to those mentioned above, but which risk children's lives, safety, or
healthy development.

d. " A coordinated program of services and facilities is referred to as a

comprehensive program against child abuse, exploitation, and
discrimination" in order to safeguard kids from:
1. child prostitution and various forms of sexual abuse;
2. trafficking in children;
3. obscene books and shows;
4. additional abusive behaviors; and
5. situations that put children's survival and healthy development in jeopardy.

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ARTICLE II Child Abuse, Exploitation, and Discrimination Program

Section 4. Program formulation. – Within one (1) year of the effective date of this
Act, the Departments of Justice and Social Welfare and Development shall develop
a comprehensive program in coordination with other relevant government agencies
and private sector organizations to protect children from child prostitution and other
sexual abuse, child trafficking, obscene publications, and indecent shows, other acts
of abuse, conditions that endanger child survival, and other risks.

ARTICLE III Child Exploitation and Prostitution

Section 5. Child Exploitation and Prostitution - minors who engage in sexual
activity—whether they are male or female—for money, profit, or any other reason, or
under the force or influence of any adult, syndicate, or group, are considered to be
being sexually abused and/or being exploited as minors.

The following shall be punished by reclusion temporal in its median period to

reclusion perpetua:
a) People who promote, enable, or induce child prostitution, such as, but not limited
to, the following:
1. performing the role of a child prostitute's procurer;
2. use verbal or written marketing or other similar tactics to persuade a person
to use a child prostitute;
3. the act of procuring a child for prostitution by using influence or a
relationship;
4. engaging a child in prostitution by threatening or abusing him;
5. the act of providing a minor with products or another financial incentive to
force them into prostitution for money.

b) Those who engage in sexual activity or engage in lewd behavior with a child who
is being sexually abused or exploited; Provided, that when the victim is under the
age of twelve (12), the perpetrators shall be tried for rape by Article 335,
paragraph 3, and for lewd behavior by Article 336 of Act No. 3815, as amended,
the Revised Penal Code: Provided, That the penalty for lewd behavior when the
victim shall be reclusion temporal in its medium period; and

c) Persons who benefited from it, whether as the manager or owner of the place
where prostitution takes place, or of the sauna, disco, bar, resort, entertainment
venue, or establishment using prostitution as a cover for, or engaging in it in
addition to, the activity for which the license has been granted to the
aforementioned location.

Section 6. An Attempt at Child Prostitution. – When someone who is not a

relative of a child is discovered with the child alone in a room or cubicle of a home,
an inn, hotel, motel, pension house, apartelle, or other similar establishments, a
vessel, a vehicle, or any other hidden or isolated location under circumstances that
would reasonably cause a person to believe that the child is about to be exploited in
prostitution, this is considered an attempt to commit child prostitution under Section
5, Paragraph (a) hereof.

Under subsection (b) of Section 5 hereof, it is also an attempt to engage in

child prostitution when a person uses a kid to perform services for them in a sauna,

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bath, massage parlor, health club, or another similar facility. The principals of the
effort to perpetrate the crime of child prostitution shall be punished under this Act, or,
in the appropriate instance, under the Revised Penal Code, with a sentence that is
two (2) degrees less severe than that specified for the committed offense under
Section 5 hereof.

ARTICLE IV Trafficking of Children

Section 7. Trafficking of Children. – Anyone who trades or deals with children,
including, but not limited to, the act of purchasing and selling a child for money or
any other compensation or barter, will be punished with exclusion from society for a
period of time up to their entire lives. When the victim is under the age of twelve (12),
the penalty must be applied for the entire maximum term.

Section 8. Attempt Traffick Children. – According to Section 7 of this Act, there

has been an attempt to engage in child trafficking:
a) When a kid enters a foreign nation unaccompanied and does so without a
justifiable reason, clearance from the Department of Social Welfare and
Development, written authorization from the child's parents or legal guardians,
or both;
b) When a person, organization, place, or facility that cares for children solicits
women or couples to become parents in order to traffic children; or
c) When a medical professional, a hospital or clinic official or employee, a nurse,
a midwife, a municipal civil register, or another individual imitates birth in order
to traffic children; or
d) When a person searches for children who can be offered for the purpose of
child trafficking among low-income families, hospitals, clinics, nurseries,
daycare facilities, or other organizations that care for children.

The principals of the attempted child trafficking shall be subject to a penalty that is
two (2) degrees less severe than that specified for the completed criminal under
Section 7 hereof.

ARTICLE V Publications and programs with explicit content

Section 9. Publications and programs with explicit content – Anyone who uses
a child to perform in lewd or indecent exhibitions or shows, whether live or on video,
or to model for lewd or pornographic publications or materials, or who sells or
distributes those materials, faces the penalty of prison mayor to its medium period.

The punishment will be applied for the entire period of time if a child under the
age of twelve (12) is used as a performer, subject, or seller/distributor.

Anyone who forces or permits a child to work in or participate in an offensive

play, scene, act, movie, show, or in any other activity covered by this section will be
punished with a medium-term of prision mayor. This punishment includes
ascendants, guardians, and anyone else responsible for the care of a child.

ARTICLE VI Additional Abusive Acts

Section 10. Additional Abusive Acts. –
a) Anyone who engages in any additional acts of child abuse, cruelty, or
exploitation or who is accountable for conditions that are detrimental to a

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child's development, including those covered by Article 59 of Presidential

Decree No. 603 as amended but not by Revised Penal Code as amended, will
be sentenced to a minimum period of prision mayor.
b) Keeping or having a minor in his or her company in a public or private setting,
such as a beach, other tourist destination, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna, or massage parlor, is
punishable by prision mayor in its maximum period and a fine of at least
50,000 pesos (P50,000): However, If a person is related to them within the
fourth degree of consanguinity or affinity, or if a bond is recognized by law,
local custom, or tradition, or if they act in the course of their social, moral, or
legal obligations, this rule does not apply to them.
c) The penalty of prision mayor in its medium term and a fine of at least forty
thousand pesos (P40,000) must be meted out to any person who induces,
delivers, or offers a minor to anyone banned by this Act to retain or have in his
company a minor as stipulated in the preceding paragraph; However, if the
offender happens to be the minor's parent, stepparent, or guardian, they will
lose their parental authority as well as face a maximum sentence of prison
mayor, a fine of at least 50,000 pesos (P50,000), and prison time.
d) Anyone who permits anyone to bring any of the minors listed here into any
public or private place of accommodation, whether for occupancy, food, drink,
or other purposes, including residential places, will face a penalty of prision
mayor in its medium period a fine of at least 50,000 pesos (P50,000), and the
loss of their right to operate that place or establishment.
e) Any individual who uses intimidation, coercion, force, or any other kind of
coercion to;
1. beg or rely on begging for a living;
2. serve as a conduit or middleman in the pushing or trafficking of
drugs;
3. engage in any criminal activity, and you risk a prison sentence
ranging from a minimum of one year to a permanent exile.

Reclusion perpetua shall be the punishment for acts punishable under Articles
248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation,
and serious physical injuries, respectively, when the victim is under the age of twelve
(12).

When the victim is younger than twelve (12) years old, the penalty for acts
punishable under Articles 337, 339, 340, and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness
with the offended party's consent, corruption of minors, and the white slave trade,
respectively, shall be one (1) degree higher than that imposed by law.

The Department of Social Welfare and Development will be charged with the
care of the victim of the acts performed in violation of this provision.

ARTICLE VII Sanctions for Organizations or Businesses

Section 11. Sanctions on Establishments or Enterprises that Promote,
Facilitate, or Conduct Activities Constituting Child Trafficking, Obscene

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Publications, Indecent Shows, and Other Acts of Abuse, including Child

Prostitution and Other Sexual Abuse. –

Without affecting the owner's or manager's ability to face legal action under
this Act, the Revised Penal Code, as amended, or other special laws, all businesses
that support or facilitate child sexual exploitation, child trafficking, obscene
publications, indecent shows, or other abuse must be shut down immediately. The
Department of Social Welfare and Development should, for such duration, not to be
less than one (1) year, as the Department may determine, prominently display a
notice with the words "off limits" outside the institutions or businesses. The removal
of such a sign without authorization will result in a prison sentence.

Without affecting the owner's or manager's ability to face legal action under
this Act, the Revised Penal Code, as amended, or other special laws, all businesses
that support or facilitate child sexual exploitation, child trafficking, obscene
publications, indecent shows, or other abuse must be shut down immediately. The
Department of Social Welfare and Development should, for such duration, not to be
less than one (1) year, as the Department may determine, prominently display a
notice with the words "off limits" outside the institutions or businesses. The removal
of such a sign without authorization is punishable by prision correctional.

ARTICLE VIII Children who Work

Section 12. Children Employment. – Children under the age of fifteen (15) may
work, but only if:
1. when a child works under the direct supervision of his parents or legal
guardians alone, where only members of the employer's family are employed;
provided, however, That the child's employment does not endanger his life,
safety, health, or morals, or interfere with his ability to develop normally;
provided, further, That the parent or legal guardian shall provide the child with
the required primary and/or secondary education; or
2. when a child's employment or participation in public entertainment or
information through cinema, theater, radio, or television is necessary:
Provided, the employment contract is concluded by the child's parent or
guardian with the child in question's express consent, if at all possible, and
with the Department of Labor and Employment's approval: Provided, That the
following requirements are strictly observed in all instances:
a) The employer is responsible for the child's welfare, protection, and
morals;
b) The employer must have policies in place to guard against the child
being exploited or subjected to discrimination, taking into account the
pay structure, level of compensation, and length and configuration of
working hours; and;
c) The employer is responsible for developing and implementing a
continuous program for the child's education and skill development,
subject to the permission and oversight of competent authorities.

When a child is allowed to work in the aforementioned exceptional

circumstances, the employer must first get a work permit from the Department of
Labor and Employment in order to verify that the aforementioned condition is

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followed. The rules and regulations required for the successful implementation of this
Section must be promulgated by the Department of Labor Employment.

Section 13. For non-formal education and working children. – Under its
alternative learning program, the Education Department , Culture, and Sports shall
establish a course structure with the goal of fostering the intellectual, moral, and
vocational effectiveness of working children who have not yet begun or completed
their elementary or secondary education. Such a course design must incorporate the
teaching methods thought to be most productive in the current situation.

Section 14. The use of children in some advertisements is prohibited. –

Using children as models in any ads or advertisements that promote alcoholic
beverages, intoxicating beverages, tobacco, and its byproducts, or violence is
prohibited.

Section 15. Employers Duty. – The obligations outlined in Articles 108 and 109 of
Presidential Decree No. 603 must be followed by every employer.

Section 16. Penalties. – Any person who violates a provision of this Article faces a
fine of not less than P1,000 but not more than P10,000, up to three (3) years in
prison, or both, depending on the court's discretion; however, if the offender
repeatedly violates the provisions of this Article, their operating license will be
suspended.
ARTICLE IX Young people from indigenous cultural communities
Section 17. Development, Protection, and Survival. – Children of indigenous
cultural communities must have the right to protection, survival, and development in
accordance with the customs and traditions of their particular communities, in
addition to the rights provided to children under this Act and other applicable laws.

Section 18. Access and Education System. – For children from indigenous
cultural communities, the Department of Education, Culture, and Sports must create
and implement an alternative educational system that is tailored to their
requirements and the conditions in their communities. Additionally, non-formal yet
effective indigenous educational programs run by non-governmental organizations in
these communities must be accredited and supported by the Department of
Education, Culture, and Sports.

Section 19. Nutrition and Health. – All relevant government organizations must
prioritize providing children from indigenous cultural communities with basic social
assistance in the areas of nutrition and health. Hospitals and other healthcare
facilities must make sure that indigenous children are treated equally. Indigenous
health practices must be respected and taken into consideration while providing
nutrition and health services to children from indigenous cultural communities.

Section 20. Discrimination. – There will be no prejudice against children of

indigenous cultural communities under any and all circumstances. Any person who
discriminates against children from indigenous cultural communities faces a fine of at
least 5,000 pesos (P5,000) and a maximum of 10,000 pesos (P10,000) as well as a
maximum of one year in jail.

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Section 21. Involvement. – Indigenous cultural communities must be included in

the planning, decision-making, execution, and assessment of all government
programs that affect indigenous cultural communities' children through their officially
chosen or appointed representatives. Indigenous institutions must be respected and
acknowledged.

ARTICLE X Children in Armed Conflict Situations

Section 22. Children as Peace Zones. – Zones of Peace for children are hereby
established. To advance the idea of children as zones of peace, it shall be the duty
of the State and all other relevant sectors to resolve armed conflicts. The following
rules must be followed in order to achieve this goal.
a) Children should not be attacked and should be given extra consideration.
Threats, assaults, torture, and other cruel, inhumane, or humiliating treatment
are prohibited;
b) Children shall not be allowed to participate in combat or be utilized as guides,
couriers, or spies by the Armed Forces of the Philippines, its civilian units, or
other armed groups;
c) Basic social services like education, primary health care, and disaster relief
must continue to be provided without interruption;
d) Service providers, including those on fact-finding missions from both
government and non-government organizations, must be kept safe and
protected. They won't be subjected to excessive harassment while doing their
jobs;
e) It is forbidden to use public facilities, such as schools, hospitals, and rural
health clinics, as command posts, barracks, detachments, or supply depots;
and
f) All necessary measures must be taken to enable the reunification of families
who have been momentarily split apart by armed conflict.

Section 23. During times of armed conflict, children are evacuated. – In the
event of an evacuation due to armed conflict, children must come first. During
evacuation efforts, children's security and welfare will be monitored by already
established community organizations. Children who are evacuated must be
accompanied by adults who are responsible for their safety and welfare.

Section 24. Temporary housing and family life. – Members of the same family
should, whenever feasible, live together in the same building, have separate housing
from other evacuees, and have access to the amenities needed to maintain a typical
family life. Pregnant women, nursing mothers, and children under the age of 18 must
get supplementary food in temporary housing that is proportionate to their nutritional
requirements. Children should have access to chances for outdoor play, sports, and
physical activity whenever practical.

Section 25. Children's Rights When Detained for Military Conflict-Related

Reasons. – The following rights are granted to any child who has been detained due
to involvement in a war, whether as a soldier, courier, scout, or other roles:
a) Adults should be held separately from children unless families are being
housed together;
b) Immediate, cost-free legal counsel;

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c) Giving the child's guardians or parents prompt notice of the arrest;

d) Within twenty-four (24) hours, the child must be released on recognizance into
the care of the Department of Social Welfare and Development or another
responsible community member as approved by the court.

If the court decides that the aforementioned child did the offenses alleged
against him the appropriate sentence, including any potential civil culpability against
him, will be decided by the court after hearing the evidence in the required hearings.
But rather than rendering a verdict of guilt, the court must cease all ongoing
processes and hand the child over to the Department of Social Welfare and
Development, or any government-run facility, duly-licensed agencies, or any other
responsible person, until he has reached the age of eighteen (18) or, for a shorter
period as the court may deem appropriate, after taking the reports and
recommendations into consideration.

According to the conditions the court may specify, the aforementioned child
shall be subject to visitation and supervision by a representative of the Department
of Social Welfare and Development or any other agency with proper permission, or
by any other officer the court may appoint.

According the same rules that apply to appeals in criminal cases, the
aforementioned youngster whose sentence was suspended may challenge the
court's decision.

Section 26. Child Monitoring and Reporting in Armed Conflict Situations. –

Within twenty-four (24) hours of the start of the armed conflict, the chairman of the
barangay impacted by the conflict must provide the municipal social welfare and
development officer with the names of the children living in that barangay.

ARTICLE XI Corrective Measures

Section 27. Who Can File a Complaint? – The following individuals may register
complaints about situations of unlawful activities perpetrated against children as
listed here:
a) The party who was offended;
b) Parents or legal representatives
c) A third-degree consanguinity descendant or collateral relative;
d) A licensed child-care institution's officer, social worker, or representative;
e) A Department of social welfare and Development officer or social worker;
f) The barangay chairman;
g) At least three (3) responsible locals who are concerned about the breach.

Section 28. Child's Protective Custody. – According to Executive Order No. 56,
series of 1986, the offended party must be immediately placed under the Department
of Social Welfare and Development's protective custody. The official of the
Department of Social Welfare and Development must not be subject to any
administrative, civil, or criminal liability when doing this duty in a regular capacity.
According to the guidelines in Presidential Decree No. 603, custody procedures must
be conducted.

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Section 29. Confidentiality. – His name may be hidden from the public at the
request of the offended party until the court is granted jurisdiction over the issue. It
shall be unlawful for any editor, publisher, reporter, or columnist in the case of
printed materials, announcer or producer in the case of television and radio
broadcasting, and producer and director of the motion picture in the case of the
motion picture industry, to make unjustified and exaggerated publicity of any case of
violation of this Act that results in the moral degeneration and suffering of the
offended party.

Section 30. Special Proceedings in Court. – Cases involving violations of this Act
shall be heard by a judge of the Regional Trial Court, which is formally known as the
Juvenile and Domestic Court. Regardless of any other legislation to the contrary, all
courts shall give preference to hearing or deciding matters involving violations of this
law, with the exception of habeas corpus, election cases, cases involving inmates in
detention, and cases involving those covered by Republic Act No. 4908.
Act.

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CHAPTER 3
PREVENTING YOUTH DELINQUENCY and JUVENILE JUSTICE MODELS

Learning objectives:
 Enumerate and identify Juvenile Delinquency Prevention Programs.
 Identify and compare models of Juvenile Justice System.

EACH SECTOR'S PARTICIPATION

The Family
In order to prevent juvenile delinquency, the family must be in charge of the
child's primary care and upbringing. A minor who is in trouble with the law must be
kept with his or her family as much as is practical.

The Educational System

In order to avoid juvenile delinquency and to rehabilitate and reintegrate
children who have come into confrontation with the law, educational institutions must
collaborate with families, community organizations, and agencies. For kids displaying
challenging conduct and kids in legal trouble, schools must offer adequate, required,
and individually tailored educational programs. Children who are in trouble with the
law should be given the chance to continue their education while in detention or
while being held in rehabilitation facilities. This could be done through an alternative
learning system that includes a basic reading program or a system of non-formal
education accrediting equivalent.

Mass Media’s Role

Mass media must actively promote children's rights and preventing juvenile
crime by disseminating resounding messages using a fair-minded strategy.
Therefore, it is the responsibility of media professionals to uphold the greatest
standards of objectivity and professionalism while reporting on and discussing
instances involving children who have run afoul of the law. The child's best interests
should always come first in media coverage of children. It is therefore proclaimed
that any unwarranted, inappropriate and sensational media coverage of any case
involving a child in conflict with the law constitutes a breach on the rights of the child.

Establishment and Strengthening of Local Councils for the Protection of

Children
Local Councils for the Protection of Children (LCPC) must be created at all
levels of local government and strengthened. The responsible community members,
a representative of the youth and those from public and private organizations
dedicated to the welfare of children, will be chosen to serve on the LCPC.

The local council will act as the main organization responsible for coordinating
with the relevant LGU to adopt a comprehensive delinquency prevention strategy,
supporting that plan's adoption, and ensuring that it is implemented correctly.

Barangays, municipalities, and cities must devote one percent (1%) of their
internal income allocation towards enhancing and putting into action the LCPC's

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programs; nevertheless, the LGU in question must be responsible for making the
disbursement of the amount.

Appointment of Local Social Welfare and Development Officer

The community's social welfare and development representative for each
LGU is responsible for assisting kids who are in legal trouble and must hold a valid
social work license.

The Sangguniang Kabataan

When developing and implementing the Sangguniang Kabataan (SK) will
collaborate with the LCPC on juvenile intervention and diversion programs in the
neighborhood.

CRIME PREVENTION
Successful crime prevention is the community. A community's resources, issues,
particular needs, and capacities are best understood by the people who live there,
work there, and play there.

1. Community Mobilization Program (CMP)

A program created to aid each community's many industries and groups in
collaborating. Partners collaborate to implement creative, neighborhood-based
projects that address the root causes of crime and victimization.

To address the problem of crime and victimization, communities must be

prepared to contribute their time and talent, and leaders must assist in enlisting a
wide spectrum of allies. The effective involvement of all partners in the design,
implementation, and assessment of social development initiatives is essential for
crime prevention.

2. Partnership Program for Crime Prevention

Through the creation and distribution of information, tools, and resources
that promote community participation in all aspects of crime prevention, the
program seeks to support the involvement of organizations that can contribute to
community crime prevention initiatives. Needs assessments, development plans,
implementation strategies, and evaluation plans are just a few of the techniques
and resources that can be applied nationally.

TREATMENT PROGRAMS

A. Treatment Strategies
1. Multi Systematic Treatment - Addresses a variety of family, peer, and
psychological problems by focusing on problem solving and
communication skills training.

2. Functional Family Therapy - The program helps adolescent on probation-

and their families. When working with a family, a family therapist enables
each member of the family to recognize their beneficial influence on home
improvement. The program operates in three stages:

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a. In the initial phase, the therapist makes an effort to overcome

the client's resistance to therapy and inspires the family to think that
dysfunctional interactions and communication are changeable.

b. In the second phase, Family members learn new strategies for dealing
with everyday events.

c. The third phase encourages family members to integrate their newly

acquired relational abilities into their social structures.

d. Program for Parent-Child Interaction Training. It is made to help

parents of children who have significant behavioral issues and are
between the ages of two and seven learn parenting techniques.
Parents and kids are put in an interactive environment by the program.
The parents are led by a therapist who instructs them on the best ways
to react to either positive or negative conduct from their child.
Children's hyperactivity, attention deficit, aggression, and worried
behavior have all been found to decrease thanks to the program.

3. Restorative Justice. Another approach in treating juvenile offenders is

referred to as Restorative Justice Model. This model integrates the
traditional rehabilitative philosophy of the juvenile courts with increasing
societal concern about victim’s rights and community safety.

Restorative justice programs aim to improve offenders' competency by

having them change their conduct and enhance their functional abilities while
also requiring them to make amends to the victims and the community.

By carefully monitoring the juvenile’s behavior, restorative justice model has

become the guiding philosophy in juvenile justice system. An important aspect is
graduated sanctions that hold juveniles accountable for their actions and reward
them for positive progress towards rehabilitation.

Retributive Justice and Restorative Justice Overview

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Retributive Justice Restorative Justice

1. An act of crime is an act against a. Crime is committed against
B. Intervention after the discharge of
the state. a minorafrom rehabilitation
member center
of the community
2. System of criminal justice b. Community-based efforts
reduces crime are the key to reducing
crime.
3. Punishment is the definition of c. Assuming responsibility and
offender accountability. taking steps to make things
right is what is meant by
accountability.
4. Criminal behavior is a personal d. Responsibility for crime
choice with personal includes both personal and
consequences. social aspects.
5. Effective Punishment e. To change behavior,
punishment alone is
ineffective.
6. Victims play a minor role in the f. Victims play a key role in
process the process of putting a
crime behind us.
7. Defect defines the perpetrator. g. Offender is characterized as
having the ability to
separate
8. Focus on proving guilt or blame h. Focused on solving the
problem
9. Focal point on the rivalry i. A focus on conversation and
negotiation
10. Using pain to punish and j. Reconciliation objectives:
delay/prevent wrongdoing using restitution to restore
both parties

1. Family Therapy – family counseling

2. Parenting – meeting, orienting, briefing parents on their responsibilities
and to inform them of the activities of the child for proper supervision
3. Non-formal education – basic skills training in coordination with TESDA
4. Tutorial or Remedial classes – acceleration/promotion
5. Spiritual enrichment
6. Values formation
7. Sports and recreation
8. Socio-cultural exposures – education about relevant issues like drugs on
its negative effects.

Prevention of Juvenile Delinquency

 The term "juvenile delinquency prevention" refers to all initiatives made to
keep kids from engaging in criminal or other antisocial behavior. Governments
are beginning to realize how crucial it is to devote funds to delinquency
prevention.

 Organizations, communities, and governments are increasingly collaborating

with one another to prevent juvenile delinquency because it is frequently
challenging for states to provide the financial resources required for effective
prevention.

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 Because there are many elements that can influence a child's development of
delinquency, preventative measures are broad in scope.

 The goal of the current programs, which are aimed at at-risk local children
who have not yet joined gangs, is to assist them to establish healthy social
networks and alternatives to gang membership. These programs use
combinations of community, school, and family-based strategies including:

1. Youth outreach programs,

2. Recreational activities,
3. Employment and training assistance,
4. School dropout services
5. Multicultural training for teachers,
6. Substance abuse counselling,
7. Family intervention and training,
8. Conflict mediation programs, and
9. Establishment of community centers
10. Youth sheltering
11. Parenting education
12. Parent-Child interaction training program

Juvenile Justice Models

Justice Model and Welfare Model have traditionally been two most important
theoretical frameworks for juvenile justice.

a) A key component of the welfare concept was the offender's need for
rehabilitation. The welfare aspect emphasizes the need for direction and
support for young people.
b) Accountability and due process were stressed in the justice model. Justice
aspect emphasizes the idea that crime is the result of deliberate actions made
by rational individuals.

These models' distinctions have been less clear during the past few
years.

c) The restorative model, a third strategy, is currently gaining momentum with

legislators. With this approach, criminals are encouraged to take ownership of
their criminal activity and the harm it does to others. The victims' participation
in the process of dealing with the offense is one of the model's main
characteristics. While it does not ignore rehabilitation or punishment, it does
situate them in the context of people accepting accountability for their acts.

 The restorative justice paradigm

- asserts that criminal activity is a result of interpersonal
conflict and that the victim, rather not the State, suffers the
consequences of a crime. As a result, responsibility of the
offender to pay the back the victim by undoing the harm
inflicted on that particular person, instead of having a "debt to

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society" that needs to be paid off by receiving some type of

punishment (like a fine or incarceration).

 Reconciliation rather than punishment is the process's primary goal.

 The restorative model plays a key role in keeping juvenile offenders

out of the legal system. It is a contextual paradigm that recognizes
the need to find a balance between young offenders' rights and their
social responsibilities. Panel of inquiry believes that rehabilitating
criminals and making amends to victims and the community should
be balanced in national standards for juvenile justice.

“While recognizing the value of repairing things for the victim and the neighborhood,
juvenile justice should emphasize the need to rehabilitate young offenders.

CHAPTER 4
RELEVANT LAWS ON JUVENILE DELINQUENCY

Learning objectives:

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 Learn and apply the provisions of R.A. 9344 as amended and other relevant
and applicable laws and UN declarations.

PRESIDENTIAL DECREE 603

The Presidential Decree (PD) 603 is known as the Child and Youth Welfare
Code. The Decree was signed by his Excellency President Ferdinand Marcos on
December 10, 1974 and took effect on June 10, 1975.

One of the most valuable resources in a country is a child. His welfare should
be promoted, and his chances of leading a fulfilling life should be improved.

Our national hero Dr. Jose Rizal once said, “The youth are the hope of the
motherland”. So, a child is not merely a product of the State. A child should be
molded to become a responsible person.

Classification of Organizations Working with Children and Youth

Public and private child welfare groups that provide support, care, and
protection to all types of children and youths—whether they are mentally gifted,
dependent, abandoned, neglected, abused, disabled, disturbed, or young offenders
—shall collaborate with the DSWD.

1. Child Caring Institution

The physical, mental, social, and spiritual well-being of nine (9) or more
mentally gifted, dependent, abandoned, neglected, disabled, and troubled
young offenders, one that offers 24-hour resident group care services.

If nine or more of its students or wards do not yearly return to their

parents' homes for a minimum of two months of the summer break. An
institution whose main purpose is education is regarded as a child-caring
facility

2. Detention Homes
An organization that cares for children around-the-clock offers young
offenders temporary housing while they wait for the outcome of their cases in
court or to be transferred to other organizations or jurisdictions.

3. Shelter-care Institution
Unfortunate events, parental abandonment, hazardous levels of
neglect or abuse in the home, or a court order designating them as a minor
witnesses may all necessitate the temporary protection and care of children.

4. Receiving homes
Children are housed in family-style settings for ten (10) to twenty (20)
days while being observed and studied by DSWD in preparation for future
placement. A receiving home may never have more than nine (9) children
residing there.

5. Nursery

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A child-care facility that, with the exception of those properly certified to

provide main medical and educational services, cares for six or more children
under the age of six for all or a portion of a twenty-four-hours.

6. Maternity Home
A facility or place of living with the main purpose of housing and caring
for expectant mothers and their unborn children prior to, during, and following
delivery.

7. Rehabilitation center
An establishment that takes in and treats troubled children or young
offenders.

8. Reception and study center

A facility accepts children with behavioral issues for research,
diagnosis, and short-term care in order to decide what would be the ideal
approach for them or to suggest other child welfare organizations for their
long-term care or rehabilitation.

9. Child-placing Agency
An organization or individual who takes on the raising of children for
placement in any household or institution, as well as their custody, protection,
and care that cares for children, or under their care and custody for adoption,
guardianship, or foster care.

Dependent, Abandoned and Neglected Children

1. Dependent Child
A child who is dependent on the public for support and is either without
parents, guardians, or other custodians, or whose parents, guardians, or other
custodians wish to relinquish their care and custody for a justifiable reason.

2. Abandoned Child
A child who is not properly cared for by parents or guardians, or whose
guardians have abandoned him for a minimum of six months straight.

3. Neglected Child
A child’s fundamental needs was purposefully neglected or unmet.
Neglect can have two different forms:

a. Physical Neglect – when a child lacks sufficient nutrition, clothing,

care and shelter.
b. Emotional Neglect – when minors are abused, sexually assaulted,
lured; used for profit. When forced to begging in public places, minor
may be exposed to gambling, prostitution, or other vices or overworked
or forced to work in unhealthy conditions.

Entrusting an individual to the care of the DSWD or another person or

organization that has been granted the necessary licenses is known as "committing"
or "surrendering" a child. It could be:

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a. Involuntary commitment, the termination of parental guardianship

rights as a result of abandonment in the case of a dependent child,
severe persistent neglect, parental inability to carry out parental tasks.

b. Voluntary commitment by giving up the authority to act as guardians

for the parents.

REPUBLIC ACT 7610 AND REPUBLIC ACT 7658

Republic Act 7610 otherwise known as Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act was approved on June 17, 1992.

A child refers to a person below eighteen (18) years of age or one over said
age and who, upon evaluation of a qualified physician, psychologist or psychiatrist, is
found to be incapable of taking care of himself fully due to a health issue or physical
disability or of protecting himself from abuse.

Child abuse is an act of deliberately inflicting physical injuries upon a child.

Unreasonable deprivation of child’s basic needs, e.g., food, shelter or both that could
result to serious impairment of his/her growth/ development, incapacity or death.
Abuse is also regarded as occurring when a child's inherent dignity as a human
being is belittled or diminished.

Types of Child Abuse

a. Physical Abuse/Maltreatment – Any act which results in non-
accidental physical injury and/or unreasonable infliction of physical
injury to a child. This includes, but is not limited, to lacerations,
fractures, severe beatings, slap with full hands, kicking, inflicting burns,
suffocating, pinching, punching, shaking, hanging and other similar
acts. Also known as child battering.

b. Psychological abuse – any harm to child’s emotional or intellectual

functioning, which includes but not limited to cursing, belittling,
rejecting, using degrading words and other similar acts.

c. Child Neglect – Denying a child its fundamental necessities, such as

food, clothing, and shelter, in an unreasonable manner including
education, medical and general care and supervision by parents,
guardians or custodians and when they are forced to assume duties
that are not appropriate to their age and physique.

d. Sexual Abuse – is the involvement of the child in sexual activity with

an adult or any person older or bigger in which the gratification of older
person’s needs or desires are achieved. It also includes the
employment, use, persuasion, inducement, enticement, or coercion of
a child to engage in or assist another person to engage in sexual
intercourse or lascivious conduct or the molestation, prostitution or
incest with children.

e. Sexual Exploitation – An act involving minors, whether male or

female, who engage in sexual activity or lewd behavior under the

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control of another adult, a group, or a syndicate for financial gain,

personal gain, or any other benefit. It includes hiring, persuading,
inducing, or forcing a kid to participate in lewd performances and
indecent displays, whether live or on camera, or to pose for or act as a
model in lewd publications or pornographic materials, or to sell or
disseminate the materials in question.

f. Child Labor Exploitation - the act of employing, permitting or allowing

children below 15 years of age working in any organization,
governmental or private, where they are not directly under the
supervision of their parents, guardian or the latter employ other
workers apart from their children. Examples of which are minors
employed in hazardous occupations like drivers, charcoal burners,
stone splitters, operators of farm machines and equipment, work in
slaughter houses, dock works, lifting, handling and carrying heavy
loads as enumerated in DOLE Department Order No. 4.

g. Child Trafficking – engaging in buying and selling children in

exchange of money, for anything else of value, or in exchange for
bartering are all examples of dealing and trading with children. Attempt
to commit child trafficking include the following:
 When a child enters a foreign nation unaccompanied and does
so without a valid reason, a clearance from the DSWD, a written
authorization from the child's parents or guardians, or any other
kind of official authorization;

 When a pregnant woman signs an affidavit or an adoption

consent in exchange for payment;
 Recruiting women or couples to produce children for child
trafficking by a person, organization, place, or institution caring
for children;

 When a medical professional, hospital or clinic official or

employee, nurse, midwife, local civil register, or any other
person imitates childbirth in order to traffic children;

 When a person searches for children in low-income households,

hospitals, clinics, nurseries, daycare facilities, or other
organizations that care for children in order to sell them as
slaves;

 Recruitment of children for illegal employment.

Child Abuser
A child abuser is any person regardless of age, sex, race, creed or color who
deliberately commits or perpetuates any acts defined as constituting child abuse. A
child abuser is usually a person known or trusted by the child – can be a family
member, a relative, neighbor, friend, teacher, baby sitter or child care giver. He or
she may also be a stranger to the child. Study shows that most child abusers have
been victims of child abuse.

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Types of Abusers
1. Parental Incompetent Abuser – the practice of disciplining their children
is the same way they are disciplined. But as the norms that govern the
child rearing is changed, so have the norms about what constitute
acceptable discipline.

2. Situational Abuser – some parents only abuse their children when they
are confronted with a particular situation. They are non-abusive but “fly off
the handle” when some particular circumstances develop.

3. Accidental Abusers – exercise poor judgment in their parenting

decisions. They administer enemas to children to discipline them.

4. Sub-cultural Abuser – A group of people who share a number of values,

norms and attitudes in common. In some subculture, the members believe
that committing violence against children has an inherent positive value.
Punishing sons to make them good Christians.

5. Self-identified Abuser – some parents know they are abusive. They

know that if their child rearing practices were known to the authorities, they
would be censured. Many of these parents want to stop abusing their
children but cannot, and are afraid to make their discipline practices
known. “Placing high expectations on the child and punishing him if he
fails”.

6. Institutionally Prescribed Abusers – sometimes abuse occurs in

institutions because of beliefs on which these institutions are grounded.

Effects of Child Abuse

Child abuse adversely affects the normal, physical and psychological growth
and development of the child. It may vary depending on the degree of abuse on the
child.

a. Physical Effects - Malnutrition, sexually transmitted diseases, AIDS,

unwanted pregnancy, permanent physical disabilities, drug addiction and
death.

b. Psychological and Social Effects - Withdrawal syndrome, extreme

depression, sense of alienation, suicidal/self-destructive tendencies,
emotional breakdown, aggressive behavior, low self-image relationship
problems, rejection, fear, confusion.

Disclosure of abuse and neglect

Sometimes children will tell you directly that they are being abused or
neglected. Sometimes they use indirect ways to tell you, through art, writing or hints
which is known to be as disclosures.

Two ways of Disclosure

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1. Direct Disclosure – sometimes children tell others directly that they are
being abused and neglected. They will start with an example and watch
how you react. Research indicates that children tell their story many times
before action is taken. You should respond to a child’s disclosure of abuse
or neglect with an open mind and a willingness to believe them

2. Indirect Disclosure – sometimes children do not tell others directly but

use indirect methods of communicating about their abuse or neglect.
These include their behaviors, emotions, art, writing, appearance,
inquiries, discussion of fears, concerns or relationship. Children also
divulge information through indirect statements, made with conditions or
third-party statements.

Reporting Child Abuse and Neglect

In some ways, this is the simplest yet the most urgent aspect of responding to
child abuse or neglect. If you have reason to believe a child has been or is likely to
be abused, neglected or need protection you must report the matter immediately.

Child Abuse Prevention

A. Primary Prevention – refers to program aimed at eliminating the root
causes of abuse and violence within our society.
B. Secondary Prevention – refers to step/measures to keep a child safe
from abuse and exploitation.
C. Tertiary Prevention – refers to the actions to be taken in a situation
where a child has already been abused to prevent the recurrence of the
same acts.

Republic Act 7658 is known as an Act prohibiting the hiring of children under
the age of 15 for both public and private jobs.
This law was approved on November 9, 1993 and took effect on November
24, 1993. This law specifically emended Section 12, Article VIII of RA 7610.

Children under the age of fifteen (15) are not permitted to work, with the exception
of:
a. when only members of the employer's family are employed and when a
child works directly under the supervision of his parents or other legal
guardians. However, his occupation must not put his life, safety, health, or
morals in jeopardy or impede the development of his moral character. The
child's parent or legal guardian is responsible for ensuring that they
receive the recommended primary and/or secondary education.
b. when a child must work or participate in public entertainment or
information through cinema, theater, radio, or television, the employment
contract is made by the child's parent or legal guardian with the express
consent of the child in question and, if practical, with the approval of the
Department of Labor and Employment (DOLE). Additionally, if each of the
following conditions is strictly followed in every circumstance:

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1. The child's protection, well-being, security, morals, and healthy

growth must all be ensured by the employer.
2. In order to prevent child exploitation or discrimination, the employer
puts in place safeguards that take into account the pay structure,
level of compensation, and length and configuration of working
hours.
3. A continuous training and skill-acquisition program for the kid must
be implemented by the employer, under the approval and
supervision of competent authorities.
In the aforementioned rare circumstances where a kid of this type may be
worked, the employer must first get a work permit from the Department of Labor and
Employment, which ensures adherence to the aforementioned standards, before
hiring the child.
REPUBLIC ACT 8369
Republic Act 8369 is otherwise known as the Family Court Act of 1997. This is
an Act creating Family Courts and giving them exclusive first jurisdiction over
disputes involving children and families.

A. Jurisdiction of Family Courts

The following cases must be heard by and decided by the Family Courts
exclusively in the first instance:
1. Criminal cases in which at least one of the accused is under 18 but not
under 9, or in which at least one of the victims is a juvenile at the time the
offense was committed. With the caveat that the court will announce the
sentence and determine any potential civil liabilities if the kid is found
guilty. However, the punishment will be suspended automatically in
accordance with PD 603, often known as the Child and Youth Welfare
Code.
2. Petitions for custody of children, guardianship, and habeas corpus in the
latter case;
3. Adoption petitions and petitions to revoke adoption petitions;
4. Applications for the dissolution of a conjugal partnership in gains,
complaints for the annulment of marriage, declarations of nullity of
marriage, and those pertaining to the marital status and property relations
of husband and wife or those living together under different statuses and
agreements;
5. Petitions for approval and/or recognition;
6. Some legal actions taken in accordance with Executive Order 209, often
known as the Philippine Family Code;
7. Cases cognizable under PD 603, EO 56 (series of 1986), and other related
laws; petitions for declarations of a child's status as an abandoned,
dependent, or neglected child; petitions for the voluntary and involuntary
commitment of children; petitions for the suspension, termination, or
restoration of parental authority;
8. Requests for the family home's constitution;

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9. Under the Dangerous Drugs Act, as amended, cases involving minors;

10. Violations of the RA 7658-amended Special Protection of Children Against
Child Abuse, Exploitation, and Discrimination Act, also known as RA 7610;
and
11. Domestic violence incidents involving:
a. Women – which include physical abuse, battering, threats, coercion,
or other acts that violate a woman's person-hood, integrity, or freedom
of movement; which cause women to experience physical, sexual, or
emotional pain or suffering as a result of, or are likely to result
in gender-based violence; and
b. Children – which include committing any form of abuse, exploitation,
neglect, violence, discrimination, and any other actions that harm a
child's growth.
B. Instances when Family Court may Issue special Provisional Remedies
1. Upon a validated application by the complainant or the victim for relief from
abuse, the Family Court may impose a restraining order against the
accused or defendant in situations involving immediate family members
who share a home or household.
2. In any civil case involving the custody of children, the court has the
authority to grant interim custody. In all civil actions for support, the court
may also order support pendente lite, which includes taking money out of
the paycheck and using the marital residence and other assets.
C. Appeals
The same rules and procedures that apply to appeals from regular
Regional Trial Courts also apply to court decisions and orders.
D. Absence of Family Courts
The court that shall hear and decide cases falling under the jurisdiction
of Family Courts in those places where the said court has not been
established will be the Regional Trial Court of the place where the case is
pending.

RULES ON JUVENILE IN CONFLICT WITH THE LAW & RULES ON

EXAMINATION OF A CHILD WITNESS
Rules on CICL
The Rule for CICL that took effect on April 15, 2002 applies to all criminal
cases involving juveniles in CICL.

A CICL is a person who was under the age of nine (9) but not older than
eighteen (18) years at the time the crime was committed.

Objective
This Rule's goal is to guarantee that every adolescent in trouble with the law
is treated in a way that respects and protects his human dignity and value while also
teaching him to be considerate of other people's basic freedoms and rights. The Rule

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takes into account his developmental stage as well as the need for his reintegration
into society and the acceptance of a positive role in it in accordance with the
restorative justice idea.

Exemption from criminal Liability

a. A minor under nine (9) years of age when the offense was committed shall
be exempt from criminal liability.

b. A minor nine (9) years and above but under fifteen (15) years of age when
the offense was committed should, at the reasonable discretion of the court
and under its supervision, be committed to the custody of his father or
mother, or the closest relative or family friend. However, if prosecution
proves that he has acted with discernment, he will be dealt with in line with
the following: Sections 24 to 28, or 36 to 40 of this Rule, as the case may
be, and subjected to a delinquency prevention program as determined by
the court.

c. Civil liability is not included in the definition of immunity from criminal

prosecution.

Procedure in taking a Juvenile in custody

a. Identify himself and present to the child proper identification card;

b. The juvenile's rights should be explained to him in a language or dialect he

can understand, together with the cause for the temporary custody;

c. Avoid using inappropriate language or abusive language, as well as

sexually harassing, abusing, or approaching the minor in a sexual manner;

d. If possible, wait until all other forms of control have been tried and failed
before exhibiting or deploying any firearm, weapon, handcuffs, or other
instruments of force or restraint;

e. Avoid applying more constraint to the youngster than is necessary for his
arrest;

f. Avoid violence and needless force;

g. As soon as the young person is apprehended, call their parent, nearest

relative, or guardian, if any, and the neighborhood social welfare officer;

h. Bring the minor right away to a nearby government health or medical officer
for a physical and mental checkup. The results of the examination must be
kept private until the Family Court orders differently. When therapy for any
physical or mental defect is required, the aforementioned officer shall act
without delay to ensure that the juvenile receives the required and
appropriate care; and

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i. Keep the young offender segregated from adult offenders and offenders of
the opposite sex in safe areas.

The juvenile's parents or another adult must be present when the police
officer conducts the preliminary investigation into a child who has violated the law, in
the absence of both parents, the guardian or the nearest relative, or a social welfare
officer, and the counsel of his own choice. In their presence, the juvenile shall be
informed of his constitutional right during custodial investigation.

The right of the juvenile to privacy shall be protected at all times. The media
must be excluded in order to effectively promote this right.

Upon the taking into custody of the juvenile, as soon as possible, the DSWD
social welfare officer assigned to him shall conduct a preliminary background
examination of the juvenile and submit, prior to the arraignment of the juvenile, a
report of his findings to the Family Court which the case may be filed.

Care of Juvenile in Conflict with the Law

The juvenile charged with having committed a delinquent act, held for trial or
while the case is pending appeal, if unable to furnish bail or is denied bail, shall, from
the time of his being taken in custody, be delivered by the Family Court into the
custody of the DSWD, a juvenile prison facility, or a neighborhood rehabilitation
facility approved by the local government in the province, city, or municipality under
the jurisdiction of the said court. When necessary, the institution or organization in
question will be responsible for the youngsters' court appearances. The juvenile shall
be kept in the provincial, city, or municipal jail, which shall offer suitable
accommodations for the juvenile separate from adult detainees and detainees of the
opposite sex, in the absence of any such center or agency within a reasonable
distance from the venue of the trial.

Rules on Examination of Child Witness

On December 15, 2000, the Rule on Examining Child Witnesses went into
effect. The Rule will control how children who are witnesses to crimes, suspects in
crimes, or victims of crimes are questioned. It will be applicable in all criminal and
civil cases when a minor witness is involved.

Any person who is younger than eighteen (18) years old at the time of
testimony is considered a child witness. In cases of child abuse, a child is defined as
a person who is over the age of eighteen (18) but who the court determines is unable
to adequately care for himself or defend himself from abuse, neglect, cruelty,
exploitation, or discrimination due to a physical or mental condition or handicap.

The goals of this Rule are to prevent childhood trauma, encourage children to
testify in court, maintain an environment that will allow children to provide trustworthy
and comprehensive testimony, and make it easier to find the truth.

Examination of Child Witness

The examination of a child witness presented in a hearing or any proceeding
shall be done in open court. Unless the witness is incapacitated to speak, or the

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question calls for a different mode of answer, the answer of the witness shall be
given orally.
The party who presents a child witness or the guardian ad litem of such child witness
may, however, move the court to allow him to testify in the manner provided by the
Rule.

Support Person of a Child

a. A minor who is giving a deposition or testifying in court has the right to have
one or two people of his choosing with him to offer emotional support.

1. Throughout the child's testimony, both people must stay in plain view
of him.
2. The child may be accompanied by one of the support people while
testifying, so long as the support person does not totally block the
child's view of the other side, the judge, or the hearing officer.

3. The court may let the support person hold the child's hand or take
other suitable action to ensure that the child receives emotional
support throughout the proceedings.

4. The support person will get instructions from the court not to prompt,
sway, or influence the child during the testimony.

b. The child's choice of a support person may not be accepted by the court if that
person is also a witness. There is enough evidence to prove that the presence
of the support person during the child's testimony would greatly increase the
likelihood of that testimony's content being influenced or altered.

c. If the court grants the support person's request to testify and he is a witness,
his testimony will be heard before the child's testimony.

Approach and Mode of Questioning of a Child Witness

The following restrictions on how minors are questioned may be imposed by
the court:
a) Make it easier to find the truth
b) Check to see that questions are phrased in a way that corresponds to
the child's developmental stage.
c) Safeguard kids from bullying or unnecessary embarrassment
d) Prevent time wastage

The juvenile witness may be permitted by the court to give a narrative

testimony.
If doing so is beneficial for justice, the court may permit leading questions at
all phases of a child's examination.

To avoid misleading, confusing, frightening, or intimidating the child,

objections to questions should be phrased carefully.

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Excluding the Public

The court has the authority to order that anyone, including reporters, who
does not directly have a stake in the case be kept out of the courtroom when a minor
is testifying. Such a request may be made to uphold the minor's right to privacy or if
the court finds that forcing the minor to testify in public would harm his mental health,
make it more difficult to determine the truth, or make it so that he is too
embarrassed, afraid, or timid to communicate clearly.
Protection of safety and Privacy of a child
a. Confidentiality of records – Any document pertaining to a child must be
maintained under seal and in strict confidence. A record may only be
disclosed to the following parties, save upon written request and court order:
1. personnel from the court for administrative purposes
2. the prosecutor
3. the defense attorney
4. the ad litem guardian
5. law enforcement agency' investigators
6. other people, as assessed by the court.

b. Protective order – A protective order must be in place for any audio or

video recordings of the kid that are included in the record.

c. Additional protective orders – Additional orders to preserve the child's

privacy may be issued by the court on its own initiative or in response to
requests from any party, including the kid, his parent, legal guardian, or
guardian ad litem.

d. Publication of identity contemptuous – If a person who is or is alleged to

be a victim, accused of a crime or a witness thereof, or a member of the
child's immediate family, makes a child's name, address, phone number,
school, or other identifying information public or causes it to be public in any
way, the court may fine that person for contempt.

e. Physical safety of the child: exclusion of evidence – A child has the right
to decline the opportunity to testify in court regarding any personally
identifiable information that would jeopardize his or his family's physical
safety. However, if it serves the interests of justice, the court may order the
youngster to testify regarding sensitive personal issues.

f. Destruction of videotapes and audiotapes - Any videotapes or

audiotapes of children made in accordance with this Rule or otherwise
made a part of the court must be destroyed five years after the day the
judgment was entered.

What is RA 9262?
Act against Violence Towards Women and Their Children of 2004 is known as RA
9262.
 This law aims to end the widespread violence committed against women and
their children (VAWC) by their intimate partners, such as their husband or ex-
husband, current or former live-in partner, boyfriend or girlfriend, or ex-
boyfriend or ex-girlfriend, dating partner or previous dating partner.

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What are the Violences under RA9262?

 It describes any act or a string of acts carried out by an intimate partner (a guy
who was the woman's spouse, ex-husband, live-in companion, boyfriend or
girlfriend, or fiancé):
 against his current or former spouse;
 against a woman with whom the individual is or was in a romantic or
sexual relationship;
 against a lady he shares a child with; and
 whether legal or illegal, within or outside the family home, against
her child.

Including threats of such actions, battery, assault, coercion, harassment, or

the arbitrary restriction of liberty, which causes or is likely to cause physical, sexual,
psychological, or economic injury or suffering.

Which violent acts fall under the purview of the R.A. 9262?
Physical Violence
 behaviors such as a battery that cause bodily damage or physical harm
 inflicting physical harm to the mother or her kid, threatening to do so,
or attempting to do so.
 creating a situation in which the mother or her child is afraid of getting hurt.

Sexual Violence
Sexually explicit acts perpetrated against a lady or her child. It consists of, but
is not restricted to:
 The following are examples of abuse: rape, sexual harassment, lascivious
behavior, treating a woman or her child as a sex object, making derogatory or
suggestive comments, physically attacking the victim's privates, requiring the
victim to watch pornographic media or participating in lewd acts that will be
documented, requiring the victim's wife and mistress/lover to share a bed with
the abuser, etc.
 Using force, threats, or intimidation against a woman, her kid, or her close
family in an effort to coerce them into engaging in sexual behaviors (that are
not rape) that they would otherwise not.
 Prostitution of the woman or her offspring.

Psychological Violence
Acts or omissions that cause or are likely to cause the victim mental or
emotional harm include, but are not limited to:
 Restricting or controlling the woman's or the child's movement or behavior
 Denying the lady or her child custody or access to her/his family, either by
threats or actual action;
 Denying the lady or her kid a legal right, or threatening to do so;
 Inflicting repeated verbal and emotional abuse, humiliating the mother or her
child in public, denying the woman's request for financial support or custody of
her minor children, or denying the woman's request for access to her child or
children.
 Putting oneself in danger by making threats or doing it themselves in an effort
to influence the woman's behavior or choices;

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 It also includes causing or permitting the victim to witness the physical,

sexual, or psychological abuse of a member of the victim's own family, as well
as pornography in all of its forms, the abuse of pets, and the wrongful or
unwelcome deprivation of the right to custody and/or visitation of other
children. Causing substantial emotional or psychological distress to the
woman or her child:
 Stalking or following the mother, her child, or both in public or private settings;
 staring through the window or standing outside the woman's home or that of
her child;
 Entering or lingering within the woman's home or on her property against
her/his will;
 Destroying the woman's or her child's property and possessions, or hurting
their pets or animals;
 Using violence or harassment of any kind.

Economic Abuse
Acts that force or seek to force a woman into financial dependence on her
abuser, including but not limited to:
 Forbidding the woman from engaging in any legal profession, occupation,
business, or activity, unless the other spouse/partner objects for reasonable,
serious, and moral reasons as described in Article 73 of the Family Code;
 Having sole authority over the marital or communal assets, rather than the
woman's personal assets;
 Destroying personal belongings in the home.

Term "children" as used in R.A. 9262.

According to Republic Act No. 7610, "Children" refers to anyone who is under
the age of eighteen (18) but is still unable to care for themselves. As used in this Act,
it refers to both the victim's biological children and any other kids in her custody.
What is a dating relationship, according to R.A.9262?

The parties are either romantically involved over time and on a regular basis
throughout the course of the relationship or they live together as husband and wife
without the advantages of marriage. A casual acquaintance or routine social
interaction between two people in a professional or social setting is not a romantic
relationship.

What constitutes sexual relations as defined by R.A. 9262?

It pertains to a single sexual act that might or might not cause the conception
of a shared child.

What does "Battered Woman Syndrome" mean in the context of R.A. 9262?
It refers to a set of psychological and behavioral symptoms that have been
clinically identified as being present in abused women during an extended period of
abuse.

According to RA 9262, women who have taken revenge on their partner or

who use violence as a means of self-defense may have had Battered Woman
Syndrome (BWS). A psychiatric professional or a clinical psychologist should make
the diagnosis of BWS in any victim. The victim will benefit from this by getting a fair

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ruling in her case. The law forbids the perpetrator from having custody of young
children. Even if BWS is discovered, the lady is trusted with their care.

Who are the individuals that are protected by R.A. 9262?

In an abusive relationship, where the woman is typically at a disadvantage,
the law recognizes the unequal ties between a man and a woman.

The following people are covered by R.A. 9262:

 Spouse
 Former Wife
 A lady that the perpetrator has or has had sexual relations with
 A lady with whom the offender shares a child
 The woman's child, whether legitimate or not, whether it was born inside or
outside the family home.

REPUBLIC ACT NO. 9344

“THE JUVENILE JUSTICE AND WELFARE ACT OF 2006”

Definition of Terms. - The following terms as applied to this Act shall be defined the
following:

(a) "Bail" refers to the assurance of attendance in court provided by the individual
who is being held by the law or by a bondsman as a condition of release. In addition
to monetary deposits and property bonds, bail may also take the form of a
recognizance or corporate security.

(b) "Best Interest of the Child" refers to the entire set of circumstances and
settings that are most hospitable to the child's survival, safety, and sense of security
as well as to the child's physical, psychological, and emotional growth. In order to
protect the child's growth and development, it also refers to the option that would
cause the least harm.

(e) "Child" is used to describe a person who is under the age of eighteen (18).

(d) "Child at Risk" refers to a youngster who, due to personal, family, and social
conditions, including but not limited to the following, is particularly susceptible to and
at risk of committing criminal offenses:

1. 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
2. being exploited including sexually or economically;
3. being abandoned or neglected, and after diligent search and inquiry, the
parent or guardian cannot be found;
4. coming from a dysfunctional or broken family or without a parent or
guardian;
5. being out of school;
6. being a street child;

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7. being a member of a gang;

8. living in a community with a high level of criminality or drug abuse; and
9. living in situations of armed conflict.

(e) "Child in Conflict with the Law" refers to a teenager who has been charged,
found guilty, or found to have violated a law in the Philippines.

(f) "Community-based Programs" refers to the community-based programs offered

for intervention and diversion as well as the rehabilitation of children involved in legal
issues in preparation for their reintegration back into their families and/or
communities.

(g) "Court" refers to a family court, or any regional trial court in locations without
family courts.

(h) "Deprivation of Liberty" refers to any type of confinement or incarceration, as

well as the placing of a kid in trouble with the law in a public or private custodial
setting from which the child is not allowed to leave at will by order of any court or
administrative authority.

(i) "Diversion" refers to a different, kid-friendly procedure of deciding how to treat

and take care of a child who is in trouble with the law based on their social, cultural,
economic, psychological, or educational background without having to use a formal
judicial process.

(j) "Diversion Program" refers to the course of action that a child who has run afoul
of the law must take after being found guilty of an infraction without using a formal
court process.

(k) "Initial Contact With-the Child" refers to the seizure or custody of a child who is
in trouble with the law-by-law enforcement personnel or private individuals. It
includes the time when the child allegedly in trouble with the law receives a
subpoena under Rule 112's Section 3(b) or a summons under Sections 6(a) or 9(b)
of the same Rule in situations where there is no need for a preliminary investigation
or where the child allegedly in trouble with the law does not need to be taken into
immediate custody.

(I) "Intervention" refers to a set of exercises intended to address the problems that
led the young person to commit the crime. It could take the shape of a customized
treatment plan that incorporates education, counseling, and other activities to
improve the patient's psychological, emotional, and psychosocial health.

(m) "Juvenile Justice and Welfare System" refers to a system that deals with
children who are at risk or who are in trouble with the law and offers child-
appropriate procedures, such as prevention, diversion, rehabilitation, reintegration,
and aftercare programs and services, to assure their proper growth and
development.

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(n) "Law Enforcement Officer" refers to the person in charge or his or her
representative, including a barangay tanod, as specified in Article 152 of the Revised
Penal Code.

(0) "Offense" includes any behavior that is illegal under the Revised Penal Code, as
amended, or under a specific statute.

(p) "Recognizance" refers to a promise made by a parent or caretaker to appear in

court on behalf of a kid who is in trouble with the law, when necessary, in lieu of
posting a bond.

(q) "Restorative Justice" refers to a theory that calls for a method of conflict
resolution that involves the victim, the offender, and the community as much as
possible. It aims to secure financial compensation for the victim, peace between the
offender and those who were offended as well as the community, and assurance to
the offender that reintegration into society is possible. Engaging the criminal, the
victim, and the community in prevention initiatives, also improves public safety.

(r) "Status Offenses" refers to crimes that only target children, while adults who
commit the same crimes face no consequences. These shall consist of truancy,
curfew infractions, parental disobedience, and similar offenses.

(s) "Youth Detention Home" refers to a round-the-clock facility for caring for
children run by accredited local government units (LGUs) and licensed and/or
accredited nongovernmental organizations (NGOs), which offers short-term
residential care for children who have broken the law while they wait for their cases
to be resolved in court or to be transferred to other agencies or jurisdictions.

(t) "Youth Rehabilitation Center" refers to a round-the-clock residential care facility

run by the Department of Social Welfare and Development (DSWD), local
government units (LGUs), licensed and/or authorized non-profit organizations
(NGOs), and the DSWD, which provide care, treatment, and rehabilitation services
for children in trouble with the law. To help residents return to their families and
communities as socially capable adults, rehabilitation treatments are offered under
the supervision of professional staff while they are cared for in a structured
therapeutic setting. Residents in the aforementioned centers may have their physical
movement limited while awaiting the outcome of their legal charges.

(u) "Victimless Crimes" refers to offenses where there is no private party who has
been aggrieved.

Rights of the Child in Conflict with the Law. - The following rights, among others,
are guaranteed to all children in legal trouble:
a. the right not to undergo torture or other inhumane, cruel, or humiliating
treatment or punishment;
b. being exempt from having the possibility of facing a life sentence or the death
penalty;
c. the right not to have their freedom taken from them unjustly or arbitrarily;
detention or incarceration should only be used as a last option and should
only endure for the shortest period of time necessary;

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d. the right to be given treatment with humanity, respect, and consideration for
one's own intrinsic dignity, as well as in a way that takes into account the
needs of someone of one's age. In particular, a youngster who has been
robbed of their liberty must always be kept apart from adult offenders. No
minor shall be housed in the same facility as an adult offender. He or she
must be transported to and from court separately. He/she will wait in a
separate holding facility while his/her case is heard. A child who is in trouble
with the law has the right to stay in touch with his or her family through letters
and visits, barring extraordinary circumstances;
e. entitled to prompt access to legal representation and other suitable aid, as
well as the right to question the legitimacy of a person's loss of liberty in front
of a court or other competent, independent, and impartial authority and the
right to a prompt decision on such a matter;
f. the right to post bail and be given recognizance when necessary;
g. the right, in accordance with the law on the examination of a minor witness, to
testify as a witness on his or her own behalf;
h. a right to complete respect for his or her privacy at all times throughout the
procedures;
i. if he or she is competent and voluntarily exercises it, the right to diversion;
j. the right to receive the punishment that is proportionate to the seriousness of
the offense, with the court taking into account the offender's best interests, the
victim's rights, and the needs of society;
k. the right to have constraints on their personal freedom kept to a minimum,
and in cases where judges are granted the authority by law to decide whether
to impose fines or prison time, fines are thought to be the most fitting
punishment;
l. broad right to automatic sentence suspension;
m. if eligible under the Probation Law, the option of probation as a substitute for
imprisonment;
n. the right of immunity from prosecution for lying, hiding something, or making a
false statement; and
o. other rights as specified by current laws, rules, and regulations.

Minimum Age of Criminal Responsibility

A child fifteen (15) under at the moment, the offense was committed shall be
excluded from criminal prosecution. However, the child will be subjected for an
intervention program.

A child above fifteen (15) years but below eighteen (18) years of age shall
likewise not be subjected to criminal prosecution and subject to an intervention
program, unless he/she has exhibited discernment, then such child be subjected to
the appropriate proceedings in accordance with this Act.

Children Below the Age of Criminal Responsibility

The authority who will have initial contact with the child has a responsibility to
immediately release the child to the custody of his or her parents, guardians, or, in
the absence of those individuals, the child's nearest relative, if it has been
determined that the child taken into custody is fifteen (15) years of age or younger.
The person with custody of the kid and the local social welfare and development
officer, who will decide on the relevant programs after consulting with the child, must

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be notified by the aforementioned body. The child may be released to any of the
following if the parents, guardians, or close relatives cannot be found or refuse to
take custody:
a. a legally recognized nongovernmental or religious organization; a barangay
official or BCPC member;
b. a regional social welfare and development officer; or, when and where
appropriate, the DSWD.
The proper petition for an involuntary commitment must be filed by the DSWD or
the Local Social Welfare and Development Office in accordance with Presidential
Decree No. 603, also known as "The Child and Youth Welfare Code," if the child in
question has been determined by the Local Social Welfare and Development Office
to have been abandoned, neglected, or abused by his parents, or if the parents
refuse to comply with the prevention program.

INITIAL CONTACT WITH THE CHILD

SEC. 21. Procedure for Taking the Child into Custody. - When a minor is first
taken into custody by a law enforcement officer, the officer must:

a. Explain to the child the reason he or she is being taken into custody, as well
as the alleged crime, in a dialect that the child can comprehend;
b. Explain to the child the basis for the custody arrangement and inform him or
her of their constitutional rights in a dialect or language they can understand;
c. Properly identify himself/herself and present proper identification to the child;
d. Avoid using foul language, sexually harassing or abusing the CICL, or making
moves toward them sexually.
e. Avoid exhibiting or employing any weapons, firearms, handcuffs, or other
forms of constraint unless absolutely necessary and only when all other forms
of control have been tried and failed;
f. Refrain from using more restrictions on a kid in trouble with the law than is
necessary to bring them in;
g. Avoid using excessive force or violence;
h. Identify the child's age in accordance with Section 7 of this Act;
i. Within eight (8) hours of being arrested, give custody of the child to the Social
Welfare and Development Office or another authorized NGO and inform them
of the situation. The social welfare and development officer must explain the
consequences of the child's actions to the child and the child's
parents/guardians in order to facilitate counseling, rehabilitation, diversion
from the criminal justice system, and, if required, compensation;
j. For a complete physical and mental assessment, take the youngster right
away to the appropriate medical and health official. Unless the Family Court
orders otherwise, the examination results must be kept private. When medical
attention is necessary, the necessary steps must be taken right away;
k. In the event that CICL detention is required, make sure the kid is housed
apart from offenders of the opposite sex and adult offenders;
l. In the preliminary investigation, note the following:

1. Whether if any restraint devices, such as handcuffs, were applied,

and if so, why;

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2. That the DSWD, the PAO, and any child's parents or guardians
have been made aware of the apprehension and its specifics; and
3. The failure to subject a child to such a test or the exhaustion of
options for determining a child's age and the specifics of the
physical and medical examination.

m. Make sure that any declarations made by the child throughout the
investigation are witnessed by the child's guardians or parents, a social
worker present, or an attorney present who will sign the declaration.

A CICL is not to be imprisoned in a detention cell and may only be searched

by a law enforcement officer of the same gender.

Duties During Initial Investigation. - The law enforcement official must decide
where to refer the CICL case during the course of his or her investigation.

The following individuals must be present when the child's statement is taken:

1. a lawyer from the Public Attorney's Office, or the child's preferred attorney if
none is available;
2. parents, a guardian, or the closest relative of the kid, if appropriate; and
3. the regional social welfare and development representative. The investigation
should be done in the presence of a representative of an NGO, religious
organization, or a BCPC member in the absence of the child's parents,
guardian, or closest family, as well as the local social welfare and
development officer.

The local social worker performing the same may choose to do one of the
following after the initial investigation:

a. If the kid acted irresponsibly and was under the age of fifteen (15) or above
fifteen (15) but under eighteen (18), proceed in accordance with Section 20;
and
b. Proceed to diversion under the next chapter if the youngster had
discernment and was above fifteen (15) but under eighteen (18) years old.

DIVERSION

System of Diversion. - In accordance with the guidelines below, minors in legal

trouble may participate in diversionary programs instead of going to court:

a. Law enforcement officials or the Punong Barangay should be consulted when

the maximum sentence that can be imposed for the offense committee is no
more than six (6) years in prison. The LCPC shall conduct mediation, family
conferencing, and conciliation, and, where appropriate, adopt indigenous modes
of conflict resolution in order to accomplish the objectives of restorative justice
and the development of a diversion program. This work will be done with the
assistance of the regional social welfare and development officer or other LCPC
members. The child and his or her family must take part in these activities.

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b. The local social welfare and development official must meet with the child and
his or her parents or legal guardians to devise the best diversion and
rehabilitation program for victimless offenses when the maximum sentence is six
(6) years in jail;
c. Only the court has the authority to use diversionary tactics when the maximum
sentence that can be imposed for the offense committed is more than six (6)
years in jail.

PROSECUTION

Duty of the Prosecutor's Office

A prosecutor who has received specialized training will undertake the
preliminary investigation, inquest, and prosecution in situations involving children
who have violated the law. The prosecutor has a responsibility to look into any
allegations of torture or other ill-treatment of a kid when they are being detained or
arrested for a crime.

Preliminary Investigation and Filing of Information

When a child in conflict with the law is not eligible for diversion, when the
child, his or her parents, or guardian refuses to agree to diversion as described in
Sections 27 and 28, and when the prosecutor determines that diversion is not
appropriate for the child in conflict with the law after taking into account the social
worker's assessment and recommendation, the prosecutor must launch a preliminary
investigation.

The prosecutor must inform the Public Attorney's Office of the subpoena and
affidavit of the complaint's service as well as the personal information and location of
the CICL's detention.

Within forty-five (45) days of the start of the preliminary inquiry, the
information against the child must be filed before the Family Court if the prosecutor
finds probable cause.

COURT PROCEEDINGS

Bail. - Minority status is a privileged mitigating factor that must be considered when
recommending the bail amount.

Release on Recognizance. - In situations when a minor is being held, the court

must:

a. the minor's release to his or her parents or another suitable adult on

recognizance;
b. the CICL's release after posting bail; or
c. the minor's transfer to a youth correctional facility or youth rehabilitation
facility.

A juvenile cannot be kept in custody while awaiting trial or hearing of their

case, per court rules.

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Detention of the Child Pending Trial. - According to Sections 34 and 35 of this Act,
minors who are being held pending trial may be freed on bail or recognizance. In all
other circumstances, and if practicable, alternatives to incarceration before trial may
be used, such as tight monitoring, intensive care, placement with a family, in an
educational setting, or at home. The use of institutionalization or imprisonment of the
child while they await trial should only ever be used as a very last resort and for the
shortest amount of time possible.

A child will always be held in youth detention facilities created by local

governments in the city or municipality where the child resides, in accordance with
Section 8 of the Family Courts Act, if the detention is required.

CICL may be committed to the care of the DSWD or a local rehabilitation

facility approved by the government in the province, city, or municipality under the
jurisdiction of the court if there is no youth detention facility available. When it comes
to the child's physical appearance in court, the facility or agency in question is
responsible.

Diversion Measures. - The court must decide whether or not diversion is

appropriate before the child in conflict with the law is charged with an offense where
the maximum penalty allowed by law is imprisonment for not more than twelve (12)
years, regardless of the fine or fine alone, regardless of the amount.

Automatic Suspension of Sentence. - The court will establish and ascertain any
civil liability that may have arisen from the offense committed after the child who was
under the age of eighteen (18) at the time of the offense was committed is found
guilty of the offense charged. Instead of issuing a judgment of conviction, the court
must instead place the juvenile in conflict with the law under a suspended sentence,
which does not require an application. Provided, however, that the suspension of
sentence will still be applied even if the juvenile is already eighteen (18) years old at
the time the court declares the juvenile guilty.

After the sentence has been suspended and the court has taken into account
the child's diverse circumstances, it will impose the appropriate dispositional
measures as outlined in the Supreme Court Rule on Juveniles in Conflict with the
Law.

Discharge of the Child in Conflict with the Law. - The court shall, upon the
recommendation of the social worker in charge of the child, dismiss the case against
the child whose sentence has been suspended and against whom disposition
measures have been issued, and shall order the child's final discharge if it
determines that the purpose of the disposition measures has been achieved.

The civil liability that results from the commission of the violation, which shall
be enforced in accordance with the law, is unaffected by the child's discharge for
acting in a way that is against the law.

Return of CICL to Court. - The child in conflict with the law must appear before the
court for judgment execution if the court determines that the goal of the disposition
measures imposed on the child in conflict with the law has not been achieved or if

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the child in conflict with the law has willfully disobeyed the terms of his or her
disposition or rehabilitation program.

When a child who is in trouble with the law reaches the age of eighteen (18)
while still serving a suspended sentence, the court must decide whether to release
the child in accordance with this Act, order that the sentence be carried out, or
prolong the suspended sentence for a predetermined amount of time or until the
child reaches the age of twenty-one (21) years, whichever comes first.

Credit in Service of Sentence. - The entire period spent in actual commitment and
custody under this Act will be counted toward the services of a kid who has violated
the law.

Probation as an Alternative to Imprisonment. - A child who has violated the law

may be placed on probation instead of serving a term by the court after the kid has
been found guilty and given a sentence, upon application at any time, and while
taking into account the child's best interests. Section 4 of Presidential Decree No.
968, often known as the "Probation Law of 1976," is thus revised to reflect this
change.

CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

Confidentiality of Records and Proceedings. - From the moment a child is in legal

trouble until the matter is finally resolved, all documents and processes concerning
those kids must be treated as private and secret. Aside from determining whether a
child in conflict with the law may have their sentence suspended or receive probation
under the Probation Law, or enforcing the civil liability ordered in the criminal action,
the public shall be kept out of the proceedings and the records shall not be disclosed
directly or indirectly to anyone by any of the parties or the participants in the
proceedings.

The component authorities are required to take all reasonable steps to protect
the confidentiality of the proceedings, such as not releasing records to the media,
keeping a separate police log for cases involving children who have run afoul of the
law, and implementing a coding system to hide information that could reveal the
identity of the child. In adult cases involving the same perpetrator, records of a kid
who has been in trouble with the law may be used, but only where it is advantageous
to the adult offender and with that person's written consent.

REHABILITATION AND REINTEGRATION

Objective of Rehabilitation and Reintegration. - The goal of rehabilitation and

reintegration programs for children in legal trouble is to give them interventions,
approaches, and strategies that will help them become better socially functional
individuals who can then be reintegrated back into their families and communities.

Court Order Required. - No child may be admitted to a rehabilitation or training

facility without a court order that has been approved after a hearing. The specifics of
this order must be immediately recorded in a register reserved only for youngsters in
legal trouble. Any establishment without a registry like this cannot welcome children.

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Separate Facilities from Adults. - The separation of children from adults in any
rehabilitation or training facility is a requirement unless the adults and the children
are related. A youngster who has broken the law cannot be kept in the same facility
as adults under any other circumstances.

Children in confrontation with the law must be housed in a setting that is

conducive to their rehabilitation, training, or incarceration in order to receive the best
possible counseling and care.

Female Children. - Female juvenile offenders who are institutionalized must get
specific consideration for their unique requirements and issues. They will be cared
for by female medical professionals, law enforcement officers, and social workers,
and will be housed away from boy minors who are breaking the law.

Gender-Sensitivity Training. - No staff member of a rehabilitation or training facility

may interact with a child who has broken the law without first receiving gender
sensitivity training.

Establishment of Youth Detention Homes. - As required by the Family Courts Act,

the LGUs must set aside money to construct adolescent detention facilities. In
collaboration with the JJWC, commercial companies and non-governmental
organizations (NGOs) may also open youth detention facilities.

Care and Maintenance of the Child in Conflict with the Law. - The cost of care
must be covered by the parents or other people in charge of the child and
maintenance for a child in dispute with the law who is in institutional care. Provided,
that in case his/her parents or those persons liable to support him/her cannot pay all
or part of said expenses, the municipality where the offense was committed shall pay
one-third (1/3) of said expenses or part thereof. Chartered cities are required to
cover two-thirds (2/3) of these costs; if a chartered city is unable to do so, a portion
of the internal revenue allotments related to the unpaid share must be withheld and
used to pay off the debt. Furthermore, if the juvenile offender does not reside in the
municipality or city where the crime was committed, the court may, upon its
determination, order that the city or municipality where the juvenile offender does
reside cover the expense.

The creation of local jail facilities for kids who break the law must be a priority
for all municipal and provincial administrations.

Confinement of Convicted Children in Agricultural Camps and other Training

Facilities. - An agricultural camp and other training facilities that may be established,
maintained, supervised, and controlled by the BUCOR, in collaboration with the
DSWD, may be used by a child who has broken the law to serve out their sentences
after being found guilty and upon the court's order, rather than being detained in a
regular prison.

Rehabilitation of Children in Conflict with the Law. - According to the Supreme

Court Rule on Juveniles in Conflict with the Law, children in conflict with the law
whose sentences have been suspended may, under the direction of the court,

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undergo any or a combination of disposition measures that are most conducive to

their rehabilitation and welfare.

A child who is in trouble with the law and participates in community-based

rehabilitation must be released to parents, guardians, relatives, or any other
responsible adult in the neighborhood. The youngster in trouble with the law must
take part in community-based programs, such as but not limited to:

1. the development of competence and life skills;

2. Sociocultural and leisure pursuits;
3. Community service initiatives;
4. Education in leadership;
5. Social services
6. Services for homelife;
7. Medical services;
8. Enrichment of the spirit; and
9. Services for family and community welfare.

Youth Rehabilitation Center. - The child rehabilitation center must include group
care, therapy, and rehabilitation services around the clock. The care of residents is
provided in a structured therapeutic setting under the direction of qualified personnel
to reintegrate them as socially competent individuals into their families and
communities. The center is required to provide the relevant court with a quarterly
report on the development of juvenile offenders. A final report will be sent to the
court for a decision on the case's outcome based on the youth's progress at the
center. Every part of the nation will have youth rehabilitation facilities thanks to the
DSWD.

Objectives of Community Based Programs. - The following are the goals of

community-based programs:

a. Avoid interfering with the kid's education or means of support if the youngster
is enrolled in school, a job, or a vocational training facility;
b. Avoid separating the kid in trouble with the law from his or her parents or
guardians in order to preserve the support system generated by their
relationship and to raise knowledge of their shared and reciprocal obligations;
c. Facilitate the rehabilitation and mainstreaming of the child in trouble with the
law and promote community involvement;
d. By avoiding jail time, reduce the stigma associated with children who break
the law.

Criteria of Community-Based Programs. - Every LGU must set up community-

based initiatives that are geared toward the child's rehabilitation and reintegration. All
programs must adhere to the standards set by the JJWC, which will take into
account the program's goals, the requirement that the child and either his or her
parents or guardians provide their agreement, the involvement of child-centered
organizations, both public and private.

After-Care Support Services for Children in Conflict with the Law. - According to
the recommendation of the DSWD social worker and/or any accredited NGO youth

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rehabilitation center, cases of children in conflict with the law that have been
dismissed by the appropriate court due to good behavior must receive after-care
services from the local social welfare and development officer for a minimum of six
(6) months. The program offers counseling and other community-based programs
aimed at helping the kids reintegrate into society, avoid repeat offenses, and become
contributing members of society.

EXEMPTING PROVISIONS

Status Offenses. - Any behavior that would not be regarded as unacceptable or

punishable if it were carried out by an adult should not be regarded as unacceptable
or punishable if it is carried out by a kid.

Offenses Not Applicable to the Children. – Individuals who are younger than
eighteen (18) are exempt from prosecution for the crimes of mendicancy under
Presidential Decree No. 1563, sniffing rugby under Presidential Decree No. 1619,
and vagrancy and prostitution under Section 202 of the Revised Penal Code;
however, said persons must take part in an appropriate counseling and treatment
program.

Exemption from the Application of Death Penalty. - A child who breaks the law
will get the death penalty, regardless of the requirements of the Revised Penal Code,
as amended, Republic Act No. 9165, also known as the Comprehensive Dangerous
Drugs Act of 2002 and other special laws.

PROHIBITED ACTS

Prohibition Against Labeling and Shaming. - The competent authorities must

refrain from referring to minors in any capacity, including as young offenders,
juvenile offenders, prostitutes, or any other referring to them by any other
disparaging names during the course of the proceedings, starting with the initial
encounter with the child. The same prohibition on discriminating language and
actions applies, particularly when it comes to the child's class or ethnic background.

Other Prohibited Acts. - The following behaviors, as well as any others like them,
are prohibited because they are harmful to a child's physical, mental, social,
emotional, and spiritual health and well-being as well as their compliance with the
law:

a. use of threats of all kinds and in all forms;

b. The use of abusive, coercive, and punitive techniques such as solitary
confinement, beatings, and cursing;
c. Employing humiliating, inhumane, and cruel methods of punishment,
such as shaving children's heads, dousing children who break the law
in irritants, corrosives, or harmful substances, or requiring them to walk
around town with signs that are offensive to their dignity and persona;
and
d. Forcing the child to engage in any type of forced servitude under any
circumstance.

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The "Juvenile Justice and Welfare Act of 2006," also known as "RA 10630," is
an act that strengthens the juvenile justice system in the Philippines by
amending Republic Act No. 9344 for that purpose and allocating funds thereof.

Act No. 10630 of the Republic of the Philippines – Protection of Children

Before Criminal Responsibility

SEC. 3. The following is an amendment to Republic Act No. 9344's Section 6:

SEC. 6. Minimum Criminal Responsibility Age -A minor under fifteen (15) at the
time of the offense is not prosecutable in court. However, According to Section 20 of
this Act, the child must participate in an intervention program.

Fifteenth anniversary birth date of the child will be considered the day that the
child turns fifteen (15).

A child who is older than fifteen (15) but younger than eighteen (18) years old
is also exempt from criminal responsibility and must participate in an intervention
program unless they acted wisely in which case they must go through the proper
legal procedures as outlined in this Act.

The protection from criminal prosecution granted for herein shall not extend to
civil liability, which must be upheld in accordance with the law.

SECTION 1. By amending Republic Act No. 9344, the title is changed to "An Act
Establishing a Comprehensive Juvenile Justice and Welfare System, Establishing
the Juvenile Justice and Welfare Council under the Department of Social Welfare
and Development, Appropriating Funds Therefor, and for Other Purposes."

SEC. 2. Section 4 of Republic Act No. 9344 is hereby amended to read as

follows:
"SEC. 4. Definition of Terms - The following terms shall have the meanings set
forth below as used in this Act:

a) 'Bahay Pag-asa' - refers to a round-the-clock facility for caring for children that
is set up, supported, and run by local government units, or LGUs, as well as
licensed or accredited nongovernmental organizations (NGOs). It offers
temporary children's residential care who have broken a law and are over the
age fifteen (15) but under the age of eighteen (18) while they wait for their
cases to be resolved in court or are transferred to other organizations or
jurisdictions.

An intense youth intervention and support facility, in keeping with Sections 20,
20-A, and 20-B of this document, is one of the characteristics of a "Bahay Pag-asa."

A multidisciplinary team made up of a social worker, a psychologist or mental

health professional, a doctor, an educational guidance counselor, and a member of
the Barangay Council for the Protection of Children (BCPC) will run the "Bahay Pag-

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asa." Together with the kid's family, the team will develop a tailored intervention
strategy for the child.

SEC. 3. Section 6 of Republic Act No. 9344 is 8 hereby amended to read as

follows:
"SEC. 6. Minimum Age of Criminal”
Responsibility. - Criminal responsibility is not applicable to someone who was fifteen
(15) years old or under at the time the offense was committed. However, the child
shall be subjected to an intervention program pursuant to Section 20 of this Act.

"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 granted immunity from prosecution and be required to participate in an
intervention program, unless he/she has demonstrated judgment; if so, such child
will be subjected to the appropriate proceedings.

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

SEC. 4. Section 8 of Republic Act No. 9344 is hereby amended to read as

follows:
"SEC. 8. Juvenile Justice and Welfare Council (JJWC) -The act establishes the
Juvenile Justice and Welfare Council (JJWC), which will be a part of Department of
Social Welfare and Development and operate under its management. An
Undersecretary of the Dept. of Social Development and Welfare will preside over the
JJWC. It is responsible for ensuring coordination between the following agencies and
the efficient implementation of this Act:
"(a) Department of Justice (DOJ);
"(b) Council for the Welfare of Children (CWC);
"(c) Department of Education (DepED);
"(d) Department of the Interior and Local Government (DILG);
"(e) Public Attorney's Office (PAO);
"(f) Bureau of Corrections (BUCOR);
"(g)' Parole and Probation Administration (PPA);
"(h) National Bureau of Investigation (NEI);
"(i) Philippine National Police (PNP);
"(j) Bureau of Jail Management and Penology (BJMP);
"(k) Commission on Human Rights (CRR);
"(1) Technical Education and Skills Development Authority (TESDA);
"(m) National Youth Commission (NYC); and
"(n) Other institutions focused on juvenile justice and intervention programs.

"The JJWC shall consist of representatives, whose positions shall not be below
director, to be chosen by the responsible heads of the departments or agencies, and
are entitled to compensation as may be set by the Council according with the current
funds and accounting laws and regulations:
1. Department of Justice (DOJ);

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2. Department of Social Welfare and Development (DSWD);

3. Council for the Welfare of Children (CWC);
4. Department of Education (DepED);
5. Department of the Interior and Local Government (DILG);
6. Commission on Human' Rights (CRR);
7. National Youth Commission (NYC);
8. Two (2) representatives from· NGOs, to be designated by the Secretary of
Social Welfare and Development, to be selected based on the criteria
established by the Council;
9. Department of Health (DOH); and
10. One (1) representative each from the League of Provinces, League of Cities,
League of Municipalities and League of Barangays.

Every region is required to have a Regional Juvenile Justice and Welfare

Committee (RJJWC), which is chaired by the director of the regional DSWD office
and is responsible for ensuring the efficient execution of this Act at the regional and
LG U levels as well as coordination among its member agencies.

The RJJWC will be made up of permanent representatives from the following

agencies, who will be designated by the relevant department heads, and who will
have a position equivalent to or not lower than assistant regional director. These
representatives will be paid according to the Council's discretion, in accordance with
the current budget and accounting rules and regulations.
a. Department of Justice (DOJ);
b. Department of Social Welfare and Development (DSWD);
c. Department of Education (DepED);
d. Department of the Interior and Local Government (DILG);
e. Commission on Human Rights (CHR);
f. Department of Health (DOH);
g. Two (2) representatives from NGOs operating within the region selected
by the RJJWC
h. One (1) sectoral representative from the children or youth sector within
the region; and
i. One (1) representative from the League of
Provinces/Cities/Municipalities/Barangays of the' Philippines.

The operational and organizational framework of the JJWC national

secretariat and the RJJWC secretariat will be developed by the Secretary of Social
Welfare and Development. The JJWC must convene within fifteen (15) days of this
Act's taking effect.

"In putting this Act into practice, the JJWC I shall communicate with the
different organizations of municipal government officials.

In order to fulfill its purpose and carry out its responsibilities as outlined in this
clause, the JJWC must work in coordination with the Office of Court Administrator
and the Philippine Judicial Academy.

SEC. 5. The following is an amendment to Republic Act No. 9344's Section 9:

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"SEC. 9. Tasks and Purposes of the JJWC - obligations and responsibilities of the
JJWC:
a) Track how this law is being applied;
b) Guide the President on all matters and activities relating to the welfare
and juvenile justice systems;
c) Assist the pertinent agencies in the examination, redrafting, or creation
of new policies and regulations in compliance with the demands of this
Act;
d) Create a comprehensive, 3 to 5-year, national juvenile intervention
program regularly with the help of NGOs, youth organizations, and
relevant government authorities.;
e) The JJWC must be consulted before adopting any juvenile justice or
welfare measures.
f) Organize and make it easier for national government agencies to carry
out juvenile intervention programs and activities, as well as any
additional initiatives that could have a big impact on the success of the
overall national juvenile intervention program;
g) Confer with the different leagues of local government authorities when
formulating and recommending policies and methods for preventing
juvenile delinquency and advancing justice for children and welfare;
h) Reduce juvenile crime and improve the administration of justice, develop
and recommend policies and programs that involve children, and the
care and rehabilitation of minor who have run afoul of the law;
i) Compile pertinent data, perform ongoing research, and provide support
for assessments and research on all issues pertaining to the welfare and
justice of children, including without being confined to:
1. effectiveness and outcomes of programs for young people in need of
assistance, local government, and other government organizations
activities;
2. recurring patterns, issues, reasons for juvenile crime and
delinquency; and
3. the unique requirements of children in custody who are in
contravention of the law.

The JJWC will use the information acquired to enhance the

management of the juvenile justice and welfare systems.

"The JJWC shall provide Congress with an annual report on the

application of this Act's provisions.

The JJWC shall provide a structure to guarantee that young

people are involved in research and policy development.
j) With the assistance of the organizations listed in the preceding section,
conduct routine inspections of detention and rehabilitation facilities to
verify compliance with the standards outlined above and to provide the
necessary recommendations to the relevant agencies;
k) Arrange for and oversee the training of the personnel in charge of
administering the juvenile justice, social services, and rehabilitation
systems in the various organizations;

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l) Supply the President with an annual report on how this Act is being
implemented; and
m) Carry out such other duties as may be required to carry out this Act's
provisions."

"SEC. 9-A. Duties and Functions of the RJJWC - The RJJWC is required to
perform the following tasks and functions:
a) Supervise and guarantee that this Act is effectively implemented at the local
government unit (LGU) and regional levels;
b) Support the relevant agencies in the creation of new policies and regulations
in accordance with the conditions of this Act, or to significantly contribute to
the JJWC's development of new ones.
c) Support the creation of a thorough, three to a five-year localized to oversee
the implementation of a juvenile treatment program involving pertinent LGUs,
NGOs, and neighborhood youth groups;
d) Coordinate to all government organizations' use of juvenile intervention tactics
and programs;
e) Manage the operations and activities of the region's intensive juvenile
intervention and support center;
f) Gather pertinent regional information, conduct continuing research, and offer
assistance with assessments and research on all topics pertaining to the
juvenile justice and welfare of the region, including but not limited to:
1. The intervention program outcomes and performance, as well as local
government units and other government agencies regional efforts;
2. The frequent trends of juvenile criminality and delinquency, from the
local government in a regional scale; and
3. Unique requirements of kids in their local jurisdiction's custody who are
in trouble with the law.

"The RJJWC shall send the collected data to the JJWC annually as it
may be considered required by the JJWC.”

g) To carry out regular inspections of detention and rehabilitation facilities in the

area through officially authorized parties and with the support of the groups
mentioned in the preceding section, as well as to carry out independent spot
inspections to make sure that the standards outlined here are being followed,
and to submit the necessary reports and recommendations for the JJWC;
h) Coordinate and oversee the provision of training to the staff of the
organizations in charge of overseeing the juvenile justice and welfare system
in the area as well as the juvenile intervention program;
i) To make a yearly update; and
j) Perform any extra responsibilities that the JJWC deems essential to carry out
the obligations.

SEC. 6. Republic Act No. 9344's Section 20 is changed to read as follows:

"SEC. 20. Minors who are not yet capable of committing crimes (Criminal
Responsibility) - The person in charge of the child who will make the first contact
with them must promptly give the child over to their guardians, parents, or, in the
absence of any of those, the child's nearest relative, if it was assessed that the child
has been placed in protective custody is not older than fifteen (15) of age or younger.

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The area's children's developmental and welfare officer must be consulted before
doing this. Unless the recommendation of a child to a youth treatment center or
"Bahay Pag-asa" run by LGUs or authorized and/or accredited NGOs overseen by
the DSWD is in the child's best interest, the child is going to be undergo intervention
program that is community-based under the supervision of the municipality's
development and social welfare officer.

If the kid's guardians, parents, or closest relatives cannot be found or decide

against accepting custody, the youngster may be discharged into one of the
following:
a. An organization that is officially recognized as being a religious or
nonprofit;
b. representative from the barangay or a BCPC member;
c. the local official in charge of social services and development, or the
DSWD if it is regarded necessary.

If the municipality's social services and development officer determines that

the minor is dependent, abandoned, neglected, or abused by his or her parents and
that placement in a youth care facility, or "Bahay Pag-asa," is in the minor's best
interests, the parent or guardian of the minor must sign a written authorization for the
minor's voluntary commitment. According to Presidential Decree No. 603, as
amended, also known as "The Child and Youth Welfare Code," and the Supreme
Court's ruling on the commitment of children, the Department of Social Welfare or
the local Local Social Welfare and Development Office (LSWDO) must file the
appropriate petition for involuntary commitment as soon as possible if the child
doesn't have biological parent or legal keepers or they decline to give their consent
in writing to the child's voluntary commitment.

SEC. 20-A. Children Who Commit Serious Crimes but Are Not Held Criminally
Responsible – A child who commits a crime under Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002) carries a term of more than twelve
(12) years in prison, including parricide, murder, infanticide, abduction, major illegal
detention with a victim who is killed or raped, robbery with homicide or rape,
destructive arson, rape, kidnapping and carnapping in which the driver or occupant is
slain.

According to the current laws, rules, procedures, and guidelines, the area's
social development and welfare officer of the local government unit where the
offense was committed, or the DSWD social worker in the absence of the area's
social development and welfare officer, shall file the proper petition for involuntary
confinement and placement under the IJISC within twenty-four (24) hours of the
moment of receipt of a report on the alleged misconduct of said, child.

Within 72 hours of the DSWD/LSWDO filing a request for involuntary

commitment, the place the petition was filed in court must make a decision. The
length of the child's initial placement in the IJISC, which cannot be shorter than one
(1) year, will be decided by the court. Multi-disciplinary group of IJISC provides the
court with the case investigation and progress report, as well as an information on
the results of a mental evaluation, and recommend that the kid be reunited with his
or her family or extensions of the IJISC placement.

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The multidisciplinary team will also provide the court with a report on the
services provided to the child's family and parents as well as their adherence to the
intervention program. The child's readiness to reintegrate with his or her family after
successfully completing the center-based intervention strategy will be determined by
the court, along with whether further center-based treatment of the child is
necessary. The next time for the evaluation or hearing about the child's commitment
will be decided by the court.

"SEC. 20-B. Repetition of Offenses - A child who has committed an offense twice
or more between the ages of twelve (12) and fifteen (15) must participate in an
intensive intervention program under the supervision of the local social services and
development officer. This is provided that the child has previously been the subject
of a community-based intervention program and is considered to be neglected
according to Presidential Decree No. 603, as amended. In line with Presidential
Decree No. 603, as amended, the DSWD or the LSWDO must file the proper petition
for an involuntary commitment immediately when child have no guardian, parents
and if they deny to sign the written approval for decision made voluntarily for the
commitment or fail to do so.

"SEC. 20-C. Child Abuse and Exploitation for Criminal Purposes - Anyone who
uses, exploits, or gains to the misuse of children in a criminal act, including someone
who abuses power over a child or who, through misappropriation of trust, preys on
the child's vulnerabilities, shall be subject to the maximum penalty allowed by the law
for the offense committed at the time it was committed.

"SEC. 20-D. Joint Parental Responsibility - The court may order the parents or
guardians of the CICL to participate in therapy or any other intervention that, in the
court's opinion, that will promote the child's welfare and best interest, according to
the suggestion of the multidisciplinary group of the IJISC, LSWDO, and DSWD.

"Parents" as defined by this Act "means any of these individuals:

a) biological parents;
b) adoptive parents; and
c) The people who are in charge of the child's care.

"A court with the authority of a child in trouble with the rules may demand that
one or both of the child's parents be present at the location wherever the hearings
will be held.”

Parents are responsible in compensating damages unless they can

demonstrate to the approval from the court that they were providing the child with
reasonable supervision at the time the offense was committed and that they made
every effort to stop the child from performing further offenses.

"SEC. 20-E. Assistance to Children's Victims of Crimes - LSWDO, DSWD, and

other interested organizations are required to offer the victim of a child's crime and
family members of the victim the proper help and psychological assistance.

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SEC. 7. Section 22 of Republic Act No. 9344 is hereby amended to read as

follows:
"SEC. 22. Initial Investigation Tasks - A law enforcement officer must decide
where to transfer the case of the youngster who has broken the law during his or her
investigation.

The following people must be present while the child's statement is being
recorded:
1. The child's chosen legal representative or, in the lack of one, a Public
Attorney's Office attorney;
2. child's guardian, parents, closest affiliation, as appropriate; and
3. community development and social welfare officer. Whenever the child's
parents, guardians, or closest relatives are not present, and. The inquiry will
be done in front of an authorized representative of a nonprofit organization, a
religious organization, or a BCPC member. It will also be overseen by the
area's development and social welfare officer.

Using the discernment evaluation tools developed by DSWD, a social worker

in the area will manage a preliminary evaluation to decide the best solutions and
whether the kid has shown-demonstrated discernment. The preliminary assessment
is completed objectively to create a report on the investigation that is more in-depth.
One of the following is what the neighborhood social worker will do:
a) If the kid was under the age of fifteen (15), or but under eighteen (18), and
recklessly acted upon, continue pursuant to Section 20; and
b) Proceed to the distraction described in the next chapter if the youngster was
of sound judgment and was over fifteen (15) but under eighteen (18).

SEC. 8. This act amends Republic Act No. 9344's section 33 as follows:
"SEC. 33. Preliminary Investigation and Information Filing - The following
circumstances require the prosecutor to launch a preliminary investigation:
a) CICL is ineligible for diversion;
b) in event that the young person, their guardians, or parents doesn’t consent in
the process of diversion; and
c) prosecution decides that diversion is inappropriate for the kid who is in
trouble with the law after taking into account the social worker's evaluation
and suggestion.

The prosecutor is required to inform the office of the public attorney of the
service of the summons and the written statement of complaint, as well as the
identity of the kid involved and the location of the detention facility.

The prosecutor must decide there is probable cause for forty-five (45) days of
the preliminary inquiry before allegations in the Family Court can be brought against
the kid. The claim that the child behaved intelligently must be made in the
information.

SEC. 9. The following is an amendment to Republic Act No. 9344's Section 49:
"SEC. 49. Creation of 'Bahay Pag-Asa' – every province, every city, and every
populated area is in charge of constructing, funding, and managing a "Bahay Pag-

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asa" within its respective jurisdiction in accordance with the guidelines that will be
established by the DSWD and approved by the JJWC.

Each of the 'Bahay Pag-asa' will be provided with a special facility called the
IJISC, which will be designated for kids in legal trouble. A more thorough
multidisciplinary intervention approach will be required for these children, which will
be developed and implemented by the JJWC in collaboration with the DSWD, DOH,
DepED, and DILG.

SEC. 10. The Republic Act No. 9344's Section 50 is amended as follows:

"SEC. 50. CICL Maintenance and Care - The creation and upkeep of "Bahay Pag-
asa," as well as the management of the IJISC inside of "Bahay Pag-asa," should get
separate funding from the highly developed cities and local governments, as well as
anticipated costs for the LGU's own juvenile intervention initiatives for CAR and
CICL.
SEC. 11. Republic Act No. 9344's Section 57 is changed as follows:
"SEC. 57. Status Infractions - Any behavior that would not be regarded as unlawful
or punishable if it were carried out by an adult is not to be regarded as unlawful or
punishable if it is carried out by a young person.

"SEC. 57-A. Infractions of Local Laws - Local governments may enact laws
pertaining to minor infractions, including nine (9) or more mentally gifted, dependent,
abandoned, neglected, disabled, troubled, young offenders' physical, mental, social,
and spiritual well-being. Children who violate these rules won't be punished; instead,
they'll be taken home or be brought in the barangay hall so that their parents can
pick them up. Such ordinances must include appropriate intervention services. The
child must be noted as a "CAR" rather than a CICL. Additionally, law must give
programs for inter-mediation like therapy, group exercises for kids, parent-education
programs.

SEC. 12. Registration of CICL is Mandatory - responsible agencies, including

barangay BCPC staff, law enforcement personnel, teachers, counselors for
guidance, social service workers, and prosecution personnel who are to receive
reports of, handle, or refer situations involving must make sure that an accurate
recording of all needed information: age, place of residence, gender as well,
offenses violated or believed to be committed, as well as the particulars of the
interventions or a diversion in which they participated, is made. The creation of a
consolidated information management system for kids in legal trouble will be
spearheaded by the JJWC.

FOR IFSU USE ONLY

 P a g e | 80

Reference

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City: Wiseman Books Trading Inc.

Aralar, R. B. (2010). Family code of the Philippines: law and jurisprudence.

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Caday, F. B. (2016). Philippine criminal justice system with indigenous justice

system. Quezon City: Wiseman Books Trading Inc.

Campanilla, M. B. (2010). Special penal laws (vol.4). Manila: Rex Book Store

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DSWD Guidelines (2007). Guidelines for social workers in the handling and
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_Theories _of_Crime.pdf

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proceedings under RA 9344, Quezon City, Central Book Supply, Inc.

PD 603 (n.d.). The child and youth welfare code.

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PNP Manual (2016). Manual in handling cases of children at risk and children in
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reform/Justice_Matters_Involving-Web_version.pdf

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