MIDTERMS

FACTORS AFFECTING THE DEVELOPMENT OF JUVENILE

DELINQUENCY
A. FAMILY
The family is the first and most important social unit to affect children; it
is the first social world they encounter.

The family or the home is one of the most influential environmental

factors that would lead a person to either a law-abiding or a criminal.
 It is said that the home is considered as the “cradle of human
personality” for in it the child forms found the mental attitudes and habits
that endured throughout his life.
Family Conditions that Influence the Development of
Juvenile Delinquency
1. Separation of parents/broken home
2. Family desertion
3. Both working parents
4. Parental rejection
5. Single parent household
6. Lack of parental guidance
7. Low income of parents
8. Teenage pregnancy
9. Latchkey children
Family Structure 1. 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 a predictive factor.

2. Child’s Birth Order in the Family

Birth order affects the delinquent behavior with
delinquency more likely among middle children than first or
last children.
Family Model
1.The Corporate Model- The father is the chief executive
officer. The mother is the operating officer, and implements the
father’s policy and manages the children that in turn have
privileges and responsibilities based on their seniority.

2.The Team Model- The father is the head; the mother is the
chief of the training table and cheerleader. The children,
suffering frequent performance anxiety, play the rules and stay
in shape with conformity calisthenics.
3.The Military Model- The father is the general. The mother is
the guard duty with a special assignment to the nurse corps
when needed. The kids are the grunts. Unruly children are
sent to stockade, insubordinate wives risk discharge.
Punishment is swift, and sadism is called character building.

4.The Boarding School Model- The father is the rector or

headmaster, and is in charge of training school minds and
bodies. The mother is the dorm counselor who oversees the
realm emotion, illness, good works, and bedwetting.
The Theatrical Model- The father is the producer and plays
the role of the father. The mother, the stage manager,
doubles in the part of mother. The children, the stagehands,
also act the roles of girls and boys. Quality of Home
1. Broken Home
This does not refer to the separation of parents leaving their
children behind, but includes the presence of parents who are
irresponsible that children experience constant quarrel in the
home.
2. Single Parent Family
Majority of single parent families are the products of
divorce/annulment. Part of the effect is simply that of the
strained relationships between the parents prior to family
breakdown.
Parenting Styles
1.Authoritative Parents- They are warm but firm. They set standards
for the child’s conduct but form expectations consistent with the child’s
developing need and capabilities.
2.Authoritarian Parents- They place a high value on obedience and
conformity tending to favor more punitive, absolute and forceful
disciplinary measures. These parents are not responsive to their children
and show little warmth and support.
3.Indulgent Parents- They behave in responsive, accepting, benign or
kind, more passive ways in matters of discipline. They place relatively
few demands on the child’s behavior, giving the child a high degree of
freedom to act as he or she wishes.
4.Indifferent Parents- They are fairly unresponsive to their
child and try to minimize the time and energy they must devote
to interacting with the child or responding to the child’s
demands. In extreme cases, indifferent parents may be
neglectful.
CHILD ABUSE
Child abuse can be defined as causing or permitting any
harmful or offensive contact on a child’s body; and, any
communication or transaction of any kind which humilities,
shames, or frightens the child.
Types of Child Abuse
1.Physical Child Abuse- is an act of deliberately inflicting physical
injuries on a child. Inflicted physical injury most often represents
unreasonable, severe corporal punishment or unjustifiable punishment.

2.Emotional Maltreatment/Psychological Child Abuse- is when an

adult demeans the child’s worth or dignity as a human being by constant
scolding and ridiculing.
Types of Emotional Abuse
Rejecting -- Parents who lack the ability to bond will often display
rejecting behavior toward a child. They tell a child in a variety of ways
that he or she is unwanted. They may also tell the child to leave, call him
or her names and tell the child he or she is worthless.

Ignoring -- Parents may not show attachment to the child or provide

nurturance. They may show no interest in the child, express affection or
even recognize the child's presence. Many times the parent is physically
there but emotionally unavailable.
Isolating -- A parent who abuses a child through isolation may not allow
the child to engage in appropriate activities with his or her peers; may
keep a baby in his or her room, not exposed to stimulation; or may
prevent teenagers from participating in extracurricular activities.
Corrupting -- Parents permit children to use drugs or alcohol; to watch
cruel behavior toward animals; to watch pornographic materials and adult
sex acts; or to witness or participate in criminal activities such as
stealing, assault, prostitution, gambling, etc.

Effects of emotional abuse

•Insecurity
•poor self-esteem,
•destructive behavior
•angry acts (such as fire setting or cruelty to animals),
•withdrawal,
•poor development of basic skills,
•alcohol or drug abuse,
•suicide and difficulty forming relationships can all be possible results of
emotional abuse.
3.Child Neglect- is the failure to provide for the child’s basic
needs. Neglect can be physical, educational, or emotional. The
types of child neglect.

•Physical neglect -- accounts for the majority of cases of maltreatment.

The definition includes the refusal of or extreme delay in seeking
necessary health care, child abandonment, inadequate supervision,
rejection of a child leading to expulsion from the home, and failing to
adequately provide for the child's safety and physical and emotional
needs.
Educational neglect -- occurs when a child is allowed to engage in
chronic truancy, is of mandatory school age but not enrolled in school or
receiving needed special educational training.

Emotional neglect -- includes such actions as chronic or extreme spousal

abuse in the child's presence, allowing a child to use drugs or alcohol,
refusal or failure to provide needed psychological care, constant belittling
and withholding of affection.
Medical neglect -- is the failure to provide appropriate health
care for a child although financially able to do so. Medical
neglect can result in poor overall health and compounded
medical problems.
4.Sexual Child Abuse- Is defined as the involvement of
dependent, developmentally immature children in sexual
activities that they do not fully comprehend and therefore to
which they are unable to give informed consent and/or which
violates the taboos of society.
At the extreme end of the spectrum, sexual abuse includes
sexual intercourse and/or its deviations. These behaviors may
be the final acts in a worsening pattern of sexual abuse. For this
reason and because of their devastating effects, exhibitionism,
fondling and any other sexual contact with children are also
considered sexually abusive.
•Non-touching sexual abuse offenses include:
1.Indecent exposure/exhibitionism
2.Exposing children to pornographic material
3.Deliberately exposing a child to the act of sexual intercourse
4.Masturbation in front of a child
Touching sexual offenses include:
1.Fondling
2.Making a child touch an adult's sexual organs
3.Any penetration of a child's vagina or anus by an object that
doesn't have a medical purpose
Sexual exploitation offenses include:
1.Engaging a child for the purposes of prostitution
2.Using a child to film, photograph or model pornography

5.Psychological abuse- Is the willful infliction of mental or emotional anguish

by threat, humiliation, or other verbal or nonverbal conduct. It is often
associated with situations of power imbalance, such perhaps as the situations
of abusive relationships and child abuse.
PEERS
For many juveniles the most important social institution, the one they
truly spend the most time with and are the closest to emotionally, is the
family. But for many others, it is their barkada or peer group. The peer
group is a group of youths of similar age levels and interest that often
can empower young people in their sense of feeling worthwhile and
important.
Gangs
As youths move through adolescence, they gravitate toward cliques
that provide them with support, assurance, protection, and direction.
Peer group membership allows them to devalue enemies, achieve
status and develop self- assurance. Gangs are groups of youths who
collectively engage in delinquently behaviors.
Gang Types
1.Social Gang- involved in few delinquent activities and little drug use
other than alcohol and marijuana. Membership are more interested in
the social aspects of group behavior.
2. Party Gang- concentrates on drug use and sales, forgoing most
delinquent behavior, except vandalism. Drug sales are designed to
finance member’s personal drug use.
3.Serious Delinquent Gang- engages in serious delinquent behavior
while eschewing most drug use.
4.Organized Gang- heavily involved in criminality and drug use and
sales. Drug use and sales reflect a systematic relationship with other
criminal act.
THE SCHOOL AND DELINQUENCY

Part of a broader social process for behavior influence is the

school. It is said that the school is an extension of the home
having the strategic position to control crime and delinquency.
It exercise authority over every child as a constituent.
These factors that create a gap between institution-child
relationships are the following:

1.Failure of the school in the character development of the

youth;
2.Use of methods that create the condition of failure on the part
of the students;
3.Truancy
4.Lack of facilities for curricular and extra-curricular activities
5.Absence of proper motivation on the part of the school’s
mentors
MASS MEDIA AND DELINQUENCY
The media is the best institution for information dissemination thereby
giving the public necessary need to know and to help shape everyday
views about crime and its control however the media can be at the same
time a powerful means of influencing people's mind to be involved in
criminal activities.

It is important to examine the collective efforts of this industry on the

development of young people, the values that are being taught by the
media; the images of the adult social roles that the youth sees.
E. ENVIRONMENT

This is where the child gets most of his influence, especially in

his first formative years. Youth in the society turns to become
delinquent due to companions in given environment. Our youth
today accused those ahead of them of failure to define how to
live with the right values, with honor and success in a world that
is charging too fast for them to understand.
Some of the results of a crime inducing environment are the following;
1.Association with criminal groups;
2.Alcoholism and drug addiction;
3.Impulse of fear;
4.Crime-inducing situations that causes criminalistics tendencies; and
5.Imitated instinct like selfishness, violence and anti-social wishes.

The environment of a child plays a big role in his development as an

individual since it reflects on the personality structure of the child. The
environment also covers the place where the child grows up, the people
around him, and the conditions both physical, emotional, spiritual plus
the mental set-up of those close to him.
F. RELIGION

A child’s development usually involves the inculcation of a set

of moral belief that lead in the direction of socially approved
behavior. Religion becomes a causative factor in juvenile
delinquency when its traditional role in the area of delinquency
prevention fails much more when its religious leaders or
spokesperson remain un forceful in delinquency problem. When
members of the religious community take an active part in the
problem of delinquency behavior among the youth, with its full
blast of support and mobilization, the juvenile problem will be
minimized if not totally eradicated.
G. POLICE
The police must become a close working partner of the youth. If real
progress is to be made in the problem of juvenile delinquency. It must be
noted that the broad field of police juvenile work is becoming increasing
important in order control and prevent delinquency. Juvenile problem is
actually a symptom of a bigger and greater problem.
The police as the first line of defense against crime must deal with the
serious problem of youth crime. And the importance of this juvenile-police
relation should not be ignored by our law enforcers because they are the
juvenile’s first contact with the justice system. The police must become a
close working partner of other components of criminal justice system just
as it should also be of the juvenile justice system, if real progress is to be
made in this problem. It must be noted that broad field of police-juvenile
work is becoming increasingly important in order prevent delinquency.
The proper discharge of police responsibilities should be carried through
the following:
•Close observation of places and conditions which may be regarded as
breeding places for youth crime and delinquency;
•Police should always be in a better position than others to discover the
existence of harmful influence to children;
•The police should know who are potential or actual delinquents and
recognize who are victims of abuse and neglect;
•They should also give emphasis to the public that home is the most vital
force in the prevention of the juvenile delinquency.
CHAPTER IV JUVENILE JUSTICE SYSTEM
Presidential Decree No. 603: The Child and Youth Welfare Code
 The Code shall be known as the “Child and Youth Welfare Code”.
It shall apply to persons below twenty-one years of age except
those emancipated in accordance with law.
“Child” or “minor” or “youth” as used in this Code, shall refer to such
persons.

Rights of the Child

All children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religion,
political antecedents, and other factors.
Responsibilities of the Child
Every child, regardless of the circumstances of his birth, sex, religion,
social status, political antecedents and other factors shall:
1.Strive to lead an upright and virtuous life in accordance with the tenets
of his religion, the teachings of his elders and mentors, and the biddings
of a clean conscience;

2.Love, respect and obey his parents, and cooperate with them in the
strengthening of the family;

3.Extend to his brothers and sisters his love, thoughtfulness, and

helpfulness, and endeavor with them to keep the family harmonious and
united;
4.Exert his utmost to develop his potentialities for service, particularly by undergoing
a formal education suited to his abilities, in order that he may become an asset to
himself and to society;
5.Respect not only his elders but also the customs and traditions of our people, the
memory of our heroes, the duly constituted authorities, the laws of our country, and
the principles and institutions of democracy;
6.Participate actively in civic affairs and in the promotion of the general welfare,
always bearing in mind that it is the youth who will eventually be called upon to
discharge the responsibility of leadership in shaping the nation’s future; and
7.Help in the observance of individual human rights, the strengthening of freedom
everywhere, the fostering of cooperation among nations in the pursuit of their
common aspirations for programs and prosperity, and the furtherance of world
peace.
PARENTAL AUTHORITY

Joint Parental Authority. – The father and mother shall exercise jointly
just and reasonable parental authority and responsibility over their
legitimate or adopted children. In case of disagreement, the father’s
decision shall prevail unless there is a judicial order to the contrary.

In case of the absence or death of either parent, the present or surviving

parent shall continue to exercise parental authority over such children,
unless in case of the surviving parent’s remarriage, the court, for
justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under seven years of age
shall be separated from his mother unless the court finds compelling
reasons to do so.
Absence or Death of Parents. – Grandparents and in their default, the
oldest brother or sister who is at least eighteen years of age, or the
relative who has actual custody of the child, shall exercise parental
authority in case of absence or death of both parents, unless a guardian
has been appointed in accordance with the succeeding provision.

Guardian. – The court may, upon the death of the parents and in the
cases mentioned in Arts. 328 to 332 of the Civil Code, appoint a
guardian for the person and property of the child, on petition of any
relative or friend of the family or the Department of Social Welfare.
ADOPTION

A process whereby a person assumes the parenting of

another, usually a child, from person’s biological or legal parent
or parents. Legal adoption permanently transfer all rights and
 responsibilities, along with filiation, from biological parent or
parents.
Who May Adopt
Any person of age and in full possession of his civil rights may adopt: Provided,
That he is in a position to support and care for his legitimate, legitimated,
acknowledged natural children, or natural children by legal fiction, or other
illegitimate children, in keeping with the means, both material and otherwise, of
the family. Who May Not Adopt – The following persons may not adopt:

1.A married person without the written consent of the spouse;

2.The guardian with respect to the ward prior to final approval of his accounts;
3.Any person who has been convicted of a crime involving moral turpitude;
4.An alien who is disqualified to adopt according to the laws of his own country
with whose government the Republic of the Philippines has broken diplomatic
relations.
Who May Not Be Adopted – The following may not be
adopted:

1.A married person, without the written consent of the spouse;

2.An alien with whose government the Republic of the
Philippines has broken diplomatic relations;
3.A person who has already been adopted unless the adoption
has been previously revoked or rescinded in accordance with
this Chapter.
Trial Custody. – No petition for adoption shall be finally granted unless and until
the adopting parents are given by the court a supervised trial custody period of
at least six months to assess their adjustment and emotional readiness for the
legal union. During the period of trial custody parental authority shall be vested
in the adopting parents.
Art. 41. Revocation by Adopter. – The adopter may petition the court for the
revocation of the adoption in any of these cases:

1.If the adopted person has attempted against the life of the adopter and/or his
spouse;
2.When the adopted minor has abandoned the home of the adopter for more
than three years and efforts have been exhausted to locate the minor within the
stated period;
LIABILITIES OF PARENTS

Torts– Parents and guardians are responsible for the damage caused by
the child under their parental authority in accordance with the Civil Code.
Criminal liability shall attach to any parent who:
1.Conceals or abandons the child with intent to make such child lose his civil
status.
2.Abandons the child under such circumstances as to deprive him of the love,
care and protection he needs.
3.Sells or abandons the child to another person for valuable consideration.
4.Neglects the child by not giving him the education which the family’s station
in life and financial conditions permit.
5.Fails or refuses, without justifiable grounds, to enroll the child as required by
Article 72.
6.Causes, abates, or permits the truancy of the child from the school where he is
enrolled. “Truancy” as here used means absence without cause for more than twenty
schooldays, not necessarily consecutive.
It shall be the duty of the teacher in charge to report to the parents the absences of
the child the moment these exceed five schooldays.
7.Improperly exploits the child by using him, directly or indirectly, such as for
purposes of begging and other acts which are inimical to his interest and welfare.
8.Inflicts cruel and unusual punishment upon the child or deliberately subjectshim to
indignations and other excessive chastisement that embarrass or humiliate him.
9.Causes or encourages the child to lead an immoral or dissolute life.
10.Permits the child to possess, handle or carry a deadly weapon, regardless ofits
ownership.
11.Allows or requires the child to drive without a license or with a license whichthe
parent knows to have been illegally procured. If the motor vehicle driven by the child
belongs to the parent, it shall be presumed that he permitted or ordered the child to
drive.
“Parents” as here used shall include the guardian and the head of the
institution or foster home which has custody of the child.
SPECIAL CATEGORIES OF CHILDREN
Dependent child is one who is without a parent, guardian or custodian;
or one who’s parents, guardian or other custodian for good cause
desires to be relieved of his care and custody; and is dependent upon
the public for support.

Abandoned child is one who has no proper parental care or

guardianship, or whose parents or guardians have deserted him for a
period of at least six continuous months.
MENTALLY RETARDED CHILDREN -Mentally retarded children refer to
those:

1.socially incompetent, that is, socially inadequate and

occupationally incompetent and unable to manage their own
affairs;
2.mentally subnormal;
3.retarded intellectually from birth or early age;
4.retarded at maturity; mentally deficient as a result of
constitutional origin, through hereditary or disease, and
5.essentially incurable.
CLASSIFICATION OF MENTAL RETARDATION
Mental Retardation is divided into four classifications:
Custodial Group. The members of this classification are severely or
profoundly retarded, hence, the least capable group. This includes
those with I.Q.s to 25.
Trainable Group. The members of this group consist of those with I.Q.s
from about 25 to about 50; one who belongs to this group shows a
mental level and rate of development which is 1/4 to 1/2 that of the
average child, is unable to acquire higher academic skills, but can
usually acquire the basic skills for living to a reasonable degree. He can
likewise attain a primary grade level of education if he receives effective
instruction.
Educable Group. This group’s I.Q. ranges from about 50 to about 75, and the
intellectual development is approximately 1/2 to 3/4 of that expected of a
normal child of the same chronological age.
Many of the educable retardates may reach 5th or 6th grade educational level
and can develop occupational skills which may result in partial or complete
economic independence in adulthood.

Borderline or Low Normal Group. This is the highest group of mentally

retarded, with I.Q.s from about 75 to about 89. The members of this
classification are only slightly retarded and they can usually get by in regular
classes if they receive some extra help, guidance and consideration. They
have to spend much more time with their studies than do most children in order
to pass. Those who cannot make it are usually handicapped by one or more
other conditions aside from that of intelligence.
Physically Handicapped Children- Physically handicapped
children are those who are crippled, deaf-mute, blind, or
otherwise defective which restricts their means of action on
communication with others.
Emotionally Disturbed Children. – Emotionally disturbed
children are those who, although not afflicted with insanity or
mental defect, are unable to maintain normal social relations with
others and the community in general due to emotional problems
or complexes.
Mentally ill Children. – Mentally ill children are those with any
behavioral disorder, whether functional or organic, which is of
such a degree of severity as to require professional help or
hospitalization.
REPUBLIC ACT NO. 7610
ARTICLE I Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the
State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and
discrimination and other conditions, prejudicial their development; provide sanctions for their commission
and carry out a program for prevention and deterrence of and crisis intervention in situations of child
abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent,
guardian, teacher or person having care or custody of the child fails or is unable to protect the child
against abuse, exploitation and discrimination or when such acts against the child are committed by the
said parent, guardian, teacher or person having care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by
circumstances which affect or will affect their survival and normal development and over which they have
no control.
The best interests of children shall be the paramount consideration in all actions concerning them,
whether undertaken by public or private social welfare institutions, courts of law, administrative authorities,
and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of
children and enhance their opportunities for a useful and happy life.
Section 3. Definition of Terms. –
a. "Children" refers to person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or
condition;
b. "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
c. "Circumstances which gravely threaten or endanger the survival and normal
development of children" include, but are not limited to, the following;
d. "Comprehensive program against child abuse, exploitation and discrimination" refers
to the coordinated program of services and facilities to protected children against:
1.Child Prostitution and other sexual abuse;
2.Child trafficking;
3.Obscene publications and indecent shows;
4.Other acts of abuses; and
5.Circumstances which threaten or endanger the survival and normal development of
children.
Section 4. Formulation of the Program. – There shall be a
comprehensive program to be formulated, by the Department of Justice
and the Department of Social Welfare and Development in coordination
with other government agencies and private sector concerned, within one
(1) year from the effectivity of this Act, to protect children against child
prostitution and other sexual abuse; child trafficking, obscene publications
and indecent shows; other acts of abuse; and circumstances which
endanger child survival and normal development.
Section 5. Child Prostitution and Other Sexual Abuse. – Children,
whether male or female, who for money, profit, or any other consideration
or due to the coercion or influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion
perpetua shall be imposed upon the following:
a.Those who engage in or promote, facilitate or induce child prostitution
which include, but are not limited to, the following:
1.Acting as a procurer of a child prostitute;
 2.Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means;
3.Taking advantage of influence or relationship to procure a child as
prostitute;
4.Threatening or using violence towards a child to engage him as a
prostitute; or
5.Giving monetary consideration goods or other pecuniary benefit to a
child with intent to engage such child in prostitution.
b.Those who commit the act of sexual intercourse of lascivious conduct with a
child exploited in prostitution or subject to other sexual abuse; Provided, That
when the victims is under twelve (12) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as
the case may be: Provided, That the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall be reclusion temporal in its
medium period; and

c. Those who derive profit or advantage therefrom, whether as manager or

owner of the establishment where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or establishment serving as a cover or
which engages in prostitution in addition to the activity for which the license has
been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to
commit child prostitution under Section 5, paragraph (a) hereof when any
person who, not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution and other sexual
abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other similar establishments. A
penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the
attempt to commit the crime of child prostitution under this Act, or, in the proper
case, under the Revised Penal Code.
Section 7. Child Trafficking. – Any person who shall engage in
trading and dealing with children including, but not limited to, the
act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion
 temporal to reclusion perpetua. The penalty shall be imposed in
its maximum period when the victim is under twelve (12) years
of age.
Section 8. Attempt to Commit Child Trafficking. – There is an
attempt to commit child trafficking under Section 7 of this Act.
1.When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
2.When a person, agency, establishment or child-caring institution recruits women or couples to
bear children for the purpose of child trafficking; or
3.When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or
4.When a person engages in the act of finding children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the
purpose of child trafficking.
 A penalty lower two (2) degrees than that prescribed for the consummated felony under
Section 7 hereof shall be imposed upon the principals of the attempt to commit child
trafficking under this Act.
Section 9. Obscene Publications and Indecent Shows. – Any person
who shall hire, employ, use, persuade, induce or coerce a child to perform
in obscene exhibitions and indecent shows, whether live or in video, or
model in obscene publications or pornographic materials or to sell or
distribute the said materials shall suffer the penalty of prision mayor in its
medium period.
If the child used as a performer, subject or seller/distributor is below
twelve (12) years of age, the penalty shall be imposed in its maximum
period.
Any ascendant, guardian, or person entrusted in any capacity with the
care of a child who shall cause and/or allow such child to be employed or
 to participate in an obscene play, scene, act, movie or show or in any
other acts covered by this section shall suffer the penalty of prision mayor
in its medium period.
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and
Other Conditions Prejudicial to the Child's Development. –
1.Any person who shall commit any other acts of child abuse, cruelty orexploitation or to be responsible
for other conditions prejudicial to the child's development including those covered by Article 59 of
Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prision mayor in its minimum period.
2.Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer
the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos
(P50,000): Provided, That this provision shall not apply to any person who is related within the fourth
degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in
the performance of a social, moral or legal duty.
3.Any person who shall induce, deliver or offer a minor to any one prohibited bythis Act to keep or have
in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor
in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however,
That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be
imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor.
4.Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who
allows any person to take along with him to such place or places any minor herein described shall be
imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand
pesos (P50,000), and the loss of the license to operate such a place or establishment.
5.Any person who shall use, coerce, force or intimidate a street child or any other child to;
1. Beg or use begging as a means of living;
2. Act as conduit or middlemen in drug trafficking or pushing; or
3. Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
reclusion perpetua.
For purposes of this Act, the penalty for the commission of 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, shall be reclusion perpetua when the victim is under twelve (12) years of
age. The penalty for the commission of acts punishable under Article 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 consent of the offended party, corruption of minors, and white slave trade,
respectively, shall be one (1) degree higher than that imposed by law when the victim is under
twelve (12) years age. The victim of the acts committed under this section shall be entrusted to
the care of the Department of Social Welfare and Development.
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or
Conduct Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking,
Obscene Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and
enterprises which promote or facilitate child prostitution and other sexual abuse, child trafficking,
obscene publications and indecent shows, and other acts of abuse shall be immediately closed and
their authority or license to operate cancelled, without prejudice to the owner or manager thereof being
prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the
words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the
Department of Social Welfare and Development for such period which shall not be less than one (1)
year, as the Department may determine. The unauthorized removal of such sign shall be punishable by
prision correccional.
 An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment under this Act or in violation of the
Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment agency
which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd
or indecent show; provides child masseurs for adults of the same or opposite sex and said services
include any lascivious conduct with the customers; or solicits children or activities constituting the
aforementioned acts shall be deemed to have committed the acts penalized herein.
WORKING CHILDREN
Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed
except:
1.When a child works directly under the sole responsibility of his parents or legal guardian and where only
members of the employer's family are employed: Provided, however, That his employment neither
endangers his life, safety and health and morals, nor impairs his normal development: Provided, further,
That the parent or legal guardian shall provide the said minor child with the prescribed 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 essential: Provided, The employment contract concluded by the child's parent
 or guardian, with the express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, That the following requirements in all instances are
strictly complied with:
3.The employer shall ensure the protection, health, safety and morals of the child;
4.the employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and;
5.The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and Employment which shall
ensure observance of the above requirement. Section 27.
Who May File a Complaint. – Complaints on cases of unlawful acts
committed against the children as enumerated herein may be filed by
the following:
1.Offended party;
2.Parents or guardians;
3.Ascendant or collateral relative within the third degree of consanguinity;
4.Officer, social worker or representative of a licensed child-caring
institution;
5.Officer or social worker of the Department of Social Welfare and
Development;
6.Barangay chairman; or
7.At least three (3) concerned responsible citizens where the violation
occurred.
Section 28. Protective Custody of the Child. – The offended party shall be
immediately placed under the protective custody of the Department of Social
Welfare and Development pursuant to Executive Order No. 56, series of
1986. In the regular performance of this function, the officer of the
Department of Social Welfare and Development shall be free from any
administrative, civil or criminal liability. Custody proceedings shall be in
accordance with the provisions of Presidential Decree No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his name
may be withheld from the public until the court acquires jurisdiction over the
case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case
of printed materials, announcer or producer in case of television and radio
broadcasting, producer and director of the film in case of the movie industry,
to cause undue and sensationalized publicity of any case of violation of this
Act which results in the moral degradation and suffering of the offended party.
Section 30. Special Court Proceedings. – Cases involving violations of
this Act shall be heard in the chambers of the judge of the Regional Trial
Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the
exception of habeas corpus, election cases, and cases involving
detention prisoners and persons covered by Republic Act No. 4908, all
courts shall give preference to the hearing or disposition of cases
involving violations of this Act.