JUVENILE JUSTICE SYSTEM

Prof. Vanezza Alejo Villaroya

Board Certified Criminologist
Former- Aviation Fire fighter I – Civil Aviation Authority of the Philippines (CAAP)
Masters of Science in Criminal Justice (i) – Full Academic Scholar at Taguig City University
National Review Lecturer for Criminology Licensure Examination
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JUVENILE DELINQUENCY
a anti-social behavior or act which does not
conform with the standards of society
Behavior which is against the norms and
regulations of society which if left unchecked
would give rise to criminality.
anti-social acts or behavior of children which
deviate from the normal patterns of rules and
regulations, custom and culture which society
does not accept.
4
AGE OF MAJORITY
Majority commences at the age of eighteen (18) years.
EMANCIPATION
- Freedom from parental authority, both over his person and
property.
- Happens upon reaching the age of eighteen years old.
RA 6809
- The law amending the age of majority
- Lowered the age of majority from twenty-one (21) to eighteen
(18) years.
- Approved on 13 December 1989

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 Stages of Delinquency
 Emergence ( 8-12)
The child begins with petty larceny between 8 and sometimes during
the 12th years of of age.
 Exploration (12-14)
He then may move on to shoplifting and vandalism between ages 12
to 14.
 Explosion (13-15)
At age 13, substantial increase in variety and seriousness.
At around 15, four or more types of crime are added.
 Outburst
Those who continue on adulthood will progress into more
sophisticated or more violent forms of criminal behavior.
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 STATUS OFFENSE
Certain acts or omissions which may not be punishable socially or
legally if committed by adults but become anti-social or illegal because the
offender is a minor, such as:

a)Truancy or frequent unreasonable absenteeism from school

b) Use of profane language
c) Running away from home
d) Smoking and drinking alcohol beverages
e)Disobedience to parents , guardians or school officials
f) Mendicancy or begging in the streets
g) Association with delinquent gangs
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THREE TYPES OF DELINQUENCY
1. ENVIRONMENTAL - Characterized by occasional lawbreaking
 
2. EMOTIONALLY MALADJUSTED
Characterized by chronic lawbreaking a habit which this type cannot
avoid or escape from

3. PSYCHIATRIC
Characterized by serious emotional disturbances within the individual
and in some cases associated with tendencies towards mental illness

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TYPES OF DELINQUENT YOUTH
1. SOCIALIZED DELINQUENTS
They become delinquents as a result of their social association with people from
whom they learn deviant values
2. NEUROTIC DELIQUENTS
These youth becomes delinquents as a result of distortions in their personality and
in their ideas and perception of the world around them.  
Become deviant because of some anxiety or neurotic compulsion.
3. ASOCIAL DELINQUENTS
One whose delinquent acts have a cold, brutal and vicious quality for which the youth
feels no remorse. 
4. ACCIDENTAL DELINQUENTS
One who is essentially sociable and abiding but happens to be at the wrong time and
and becomes involved delinquent acts not typical of his general behavior.
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5. PSYCHOTIC DELINQUENTS
- Youths with severe personality disorder have a significantly distorted
perception of the society and people around them.
- They not usually plan for their crimes.
- They distorted view of reality and their delusion thoughts may compel
them to commit weird acts that violate the law.

6. SOCIOPATHIC DELINQUENTS
- Ego centric personality
- They can easily victimized others with little or no anxiety or guilt
- Present in many delinquents but not all delinquents are sociopaths.
- Many violent gangsters are sociopath.

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 DIFFERENT APPROACHES IN THE STUDY OF
DELINQUENCY
1. BIOGENIC APPROACH
Gives an explanation that law violations and delinquency are a result of
some physical defects
 
2. PSYCHOGENIC APPROACH
Argues that the critical factors in delinquency are personality problems to
which misbehavior is presumed to be response
 
3. SOCIOGENIC APPROACH
Attributes delinquency pattern to social structures
Views youthful misdeed as a result of a learning process through
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interactions with other members of society
 1. BIOSOCIAL OR TRAIT THEORIES
 Based on the view that both thought and behavior have biological and social bases
 Contemporary explanation of the biogenic approach
 Has three sub theories biochemical , neurological and genetics

a) BIOCHEMICAL
Views that crime and delinquency, especially violence are the result of diet , vitamin intake , hormonal
imbalance and other biological causes
 
b) NEUROLOGICAL
-Explains the crime and delinquency occur because the individual suffers from brain impairment
abnormality in the structure of the brain
-Learning disabilities such as attention deficit/hyperactive disorder and minimum brain dysfunction are
related to antisocial behavior
 
c) GENETICS
-Explains that delinquent traits and predisposition to criminality are inherited from parents
Criminality of parents can predict delinquency of children
Supported by research on twin studies and adaption studies 12
2. PSYCHOLOGICAL THEORIES
- Views delinquency as a result of emotional and mental disturbance of the individual
contemporary explanation of the psychogenic approach.
- Has three sub-theories: psychodynamic, behavior and cognitive
 
a) PSYCHODYNAMIC THEORY
- Based on the psychoanalytic theory of Sigmund Freud
- Delinquency is the result of the imbalance of three components of personality: id, ego
and superego
- Delinquency is the product of the abnormal personality structure formed in early life and
which there after controls human behavior choices
 
b) BEHAVIOUR THEORY
- Believes that individuals learn by observing how people react to their behavior
- Behavior is reinforced by some positive reaction, and behavior is extinguished if punished
- Misbehavior of children If left unchecked will persist until adolescence
 
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c) COGNITIVE THEORY

- Views that delinquency is a result of the faulty perception and analysis of

data of an individual
- Believes that when an individual make decisions, he engages in a
sequence of cognitive thought processes:

1) He first encodes the information so that it can be interpreted

2) Then, he searches for a proper response and decided upon the most
appropriate action;
3) Finally, he acts on his decision
- Delinquency prone adolescents may have cognitive deficits and use
information incorrectly when they make decisions

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3. SOCIOLOGICAL THEORIES
- Views delinquency as a product of the different social factors and dynamics
- Has four groups of theories which in turn contain several sub theories: social structure
theories, social process theories, social reaction theories and social conflict theories
 
 SOCIAL STRUCTURE THEORIES
Hold that delinquency is a function of a person’s place in the economic structure

 SOCIAL PROCESS THEORIES

View delinquency as a result of poor faulty socialization or upbringing
 
 SOCIAL REACTION THEORIES
View delinquent acts and criminality as a products of stigma and labeling
 
 SOCIAL CONFLICT THEORIES
Hold: that delinquent behavior is a product of economic inequality
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 THEORIES EXPLANATION

1) CHOICE THEORY Free will

2) BIO SOCIAL THEORY Based on the view that both thought and behavior have biological
TRAIT THEORIES and social bases. (BIOGENIC APPROACH)
a) Biochemical Chemical produce by the body.
b) Neurological Brain impairment or abnormality.
c) Genetic Heredity

3) PSYCHOLOGICAL THEORIES Based on Psycho Analytical theory of Sigmund Freud

Result of Emotional and mental disturbance.
(PSYCHOGENIC APPROACH)
a) Psycho Dynamic Theory Imbalance of ID,EGO and SUPER EGO
b) Behavior Improper System of rewards and punishment
c) Cognitive Low Intelligence

4) SOCIOLOGICAL THEORIES Delinquent as a product of different Social Factors and Dynamics

( SOCIOGENIC APPROACH)
a) Social Structure Poverty
b) Social Process Socialization, Interaction ,Learning or Influence
c) Social Reaction Use of negative thoughts labels
d) Social Conflict Wear bond to society
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CONTRIBUTORY FACTORS IN JUVENILE
DELINQUENCY
1) FAMILY

- The first and most basic institution

of society responsible for
developing a child’s potential in all
its aspects like physical, emotional,
spiritual, moral, intellectual and
social

- Molds the child to learn, to curb his

desires and to accept rules that
define the time, place and
circumstances under which highly
personal needs may be satisfied In a
socially acceptable ways

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TYPES OF FAMILY STRUCTURE:
1. NUCLEAR FAMILY
- Consists of father, mother, and children
2. EXTENDED FAMILY
- Consists of father, mother, children,
grandparents, uncles and aunts, cousins,
nephews and nieces and in-laws

Ideally a home must have the

following:
 Structural completeness
- Presence of both father and mother
 Economic security
- Capability to provide for the basic needs and
wants
 Cultural conformity
- Typical beliefs and practices
 Moral conformity
- Moral uprightness, Christian way of living
 Physical and psychological normalcy
 Emotional adequacy
- Affection, support, love, and care between
faulty members 18
Types of Parenting :

 Authoritative Parents - ( Balance Parenting)

Demanding at the same time responsive .
They are warm but firm , teach children to be
independent but still places limits and controls of their
action
 Authoritarian Parenting - ( Strict Parenting)
Demanding but not responsive.
This style believes that the child should accept without
question the rules and standards established by the
parents 19
 Indulgent Parents - (Free Ranger Parenting)
Responsive but not demanding.
They place relatively few demands on the child behavior ,
giving the child a high degree of freedom to act as he or she
wishes.

 Indifferent Parents - ( Neglectful Parenting)

Neither demanding nor responsive.
They know little about their child’s activities and
whereabouts , unsupportive of their children but still provide
their basic needs.
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 Factors in the home life that may cause
delinquency
a)Faulty development of the child
b)Lack of parental guidance
c) Parental rejection
d)Broken homes
e)Lack of love
f) Unfair treatment
g)Too harsh discipline by either or both parents
h)To much leniency by either or both parents
i) Unfavorable parental example
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2) SCHOOL
Considered the second home of the child, with teachers as the second parents
institution responsible for the training for young person’s intellectual, moral as well as
social skills which they need for them to grow up as a productive, law-abiding and
responsible citizens.
Instances of deviant conduct attribute to school inadequacy.
a) failure of teachers to detect and address problems of children and report such
problems to the parents
b) poor academic atmosphere
c) membership in school gangs or development of friendships with the wrong crowd
d) lack of facilities of curricular and extra-curricular activities
e) failure of teachers in character development of the students
f) failure to actually finish school, resulting to being out of school youths with a lot of
time to waste and do unproductive activities
g) failure to get gainful employment due to lack of sufficient education
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3) ENVIRONMENT
The culture, norms and behavior of the child’s surroundings may very
well influence the upbringing of the child especially during their formative
years and such misbehavior learned is likely to be carried on until the
child’s maturity
Some of the behavior modification by means of imitation as brought
about by environmental influence:

a) rampant drug addiction

b) vices such as gambling and drinking alcoholic beverages
c) association with criminal groups or gangs
d) too much exposure to sex and violence in the movies, television,
print and internet
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24
PEER GROUP – A GROUP OF YOUTH WITH SIMILAR AGE LEVELS AND INTEREST THAT
OFTEN CAN EMPOWER YOUNG PEOPLE IN THEIR SENSE OF FEELING WORTHWHILE
AND IMPORTANT.
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JUVENILE COURT
- A court that has original jurisdiction over persons defined by statute as juveniles
and alleged to be delinquents or status offenders
DEVELOPMENT OF JUVENILE JUSTICE IN THE PHILIPPINES
1) PD 603 – Child and Youth Welfare Code
2) RA 7610 – Anti-child Abuse law
3) RA 6809 – Law amending the age of majority
4) RA 8552 AND RA 8043 – Laws on adoption
5) RA 9208 – Anti-trafficking in Persons Act
6) RA 9231 – Law amending RA 7610 on working children
7) RA 9255 – Law on the use of father’s surname of illegitimate children
8) RA 9262 – Anti-Violence against Women and their Children
9) RA 9523 – Law amending the laws on adoption
10) RA 9344 – Juvenile Justice and Welfare Act
11) RA 9775 – Anti-Child Pornography Act
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IMPORTANT PROVISIONS OF PD 603

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PD 603 – THE CHILD AND YOUTH WELFARE CODES
- Approved on 10 December 1974
- Effectivity date is 10 June 1975 ( six months after approval )
- Shall apply to persons under eighteen (18) years of age

PATRIA POTESTAS
- The sum total of the rights of the parents over the their minor children
- Parental Authority

PARENS PATRIAE
- Father of the country
- State is the Father

IN LOCO PARENTIS
- In the place of parents
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- Special parents authority
PARENTS
As used here shall include the guardian and the
head of the institution or foster home which has
custody of the child.

Guardian ad Litem
Is a court appointed attorney who protects the
interests of the child in cases involving the child’s
welfare
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LIABILITIES OF PARENTS
- Parents and guardians are responsible for the damage or injury caused
by the child under their parental authority
LEGAL CUSTODY
- In the case of separation of parents, no child under SEVEN (7) YEARS
OF AGE shall be separated from his mother unless the court decides
otherwise
GUARDIANSHIPS
- A trust relation of most sacred character in which one person, called a
guardian acts to another, called a ward, regarded as in capable of
imagining his own affairs
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SUBTITUTE PARENTAL AUTHORITY
In case of absence or death of both parents, substitute
parental authority shall be given to the following, in order
priority

1) grandparents
2) oldest brother or sister at least 21 years of age
3) relative who has actual custody of the child/guardian duly
appointed by the court.

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COMMENCENT OF CIVIL PERSONALITY
- In a CIVIL PERSONALITY of the child shall commence from the MOMENT
OF CONCEPTION
CONCEPTION
- The start of life
- The union of the sperm and the egg cell
- Also called the process of fertilization
CIVIL PERSONALITY
- Pertains to the identity and recognition of an individual as person having
rights
- Shall commence from the moment of conception, thus shall all children
shall have the right to be born and the right to live
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What determines personality?  
  
 Under Art. 40 of the Civil Code, birth determines personality. A
person is considered born at the time when the umbilical cord
is cut. He then acquires a personality separate and distinct
from his mother.
 But even though the umbilical cord has been cut, Art. 41 of
the Civil Code provides that if the fetus had an intra‐uterine life
of less than 7 months, it must survive at least 24 hours after
the umbilical cord is cut for it to be considered born. 

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ABORTION
The expulsion of the fetus from the mother’s womb
 
KINDS OF ABORTION
 
1) ABORTION
- classified as intentional or unintentional as provided by the
Revised Penal Code
- punishable law
 
2) THERAPEUTIC ABORTION
- Recommended and performed by a certified physician when
there are health at risk and complications
- not punishable law
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36
CATEGORIES OF CHILDREN

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1) DEPENDENT
- one who is without a parent, guardian or custodian, or whose parents, guardian, or other
custodian for good cause desire to be relieved of his care and custody and is
independent upon the public for support
2) ABANDONED
- one who had no proper parental care or guardianship or whose parents or guardians
have deserted him for a period of at least six consecutive months
(PD 603)
- refers to a child who has no parental care or guardianship, or whose parents have
deserted him or her for a period of at least three (3) continuous months
(RA 9523)
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3) NEGLECTED
one whose basic needs
have been deliberately
unattended or
inadequately attended
neglect may occur two
ways
a) Physical neglect
malnourishment, untidy and
damaged clothing, no
shelter
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b) Emotional neglected
- maltreated, raped, seduced,
abused, exploited, made to
work under conditions not
conductive to good health or
placed in moral or physical
danger

NOTE: All hospitals , clinics and other institution as well as private physicians providing treatment shall, within 48 hours
from knowledge of the case of maltreatment child, REPORT IN WRITING to the city or provincial fiscal or to the LOCAL
COUNCIL FOR THE PROTECTION OF CHILDREN or to the nearest unit of the DEPARTMENT OF SOCIAL WELFARE.
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FILIATION
- The acknowledgement of the
father at his relationship with
the child
- Also called paternity

BIOLOGICAL CHILD
- Natural-born child of the
parents

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

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

•Custodial - severely or profoundly retarded, hence, the least capable

group. (I.Q. is 1 to 25.)

•Trainable - mental level and rate of development which is 1/4 to 1/2

that of the average child. (I.Q. is 25 to about 50)

•Educable - approximately 1/2 to 3/4 of that expected of a normal

child of the same chronological age. (I.Q. is 50 to 75)

•Borderline or Low Normal - highest group of mentally retarded, with

I.Q.s from about 75 to about 89. 43
5) PHYSICAL HANDICAPPED
- crippled, def-mute, blind and other conditions which restrict their means
of action communication with others
6) EMOTIONALLY-DISTURBED
- those who although not afflicted with insanity or mental defect, are
unable to maintain normal social relations with others and the
community in general due to emotional problems or complexes
- may be caused by traumatic experiences
7) MENTALLY-ILL
- those with any behavioral disorder, whether functional or organic, which is
of such a degree of severity as to require professional help of
hospitalization
8) DISABLED
- includes mentally-retarded, physical handicapped, emotionally disturbed
44
and mentally-ill children
 LEGAL CLASSIFICATION OF CHILD
1. LEGITIMATE - Children who are conceived or born during
the marriage of the parents , also insemination.

2.ILLEGITIMATE – Children who conceived or born outside a

valid marriage . ( RA 9255- An act allowing Illegitimate
Children to use surname of their father.)

3.LEGITIMATED- Children conceived or born outside wedlock

of parents at the time of the conception of the former, were
not disqualified by any impediment to marry each other
may be legitimated. 45
REPUBLIC ACT NO. 9255 (An Act Allowing Illegitimate Children to Use the
Surname of their Father, Amending for the Purpose Article 176 of Executive Order
209 Otherwise known as the Family Code of the Philippines).

Article 176 expressly provides that illegitimate children shall use the surname of
the mother and shall be under the parental authority of their mother. This provision
is amended by R.A. No. 9255 as follows:

“Article 176. Illegitimate children shall use the surname, and shall be under the
parental authority of their mother, and shall be entitled to support in conformity
with this code. However, illegitimate children may use the surname of their father if
their filiation has been expressly recognized by the father through the record of
birth appearing in the Civil Register, or when an admission in a public document or
private handwritten instrument is made by the father, provided the father has the
right to institute an action before the regular courts to prove non-filiation during his
lifetime. The legitime of each illegitimate child shall consist of one-half of the
legitime of a legitimate child. 46
IMPORTANT PROVISIONS OF THE LAW ON ADOPTION

47
ADOPTION (PROSESO)
- An act by which relations of paternity and filiations are recognized as
legally existing between persons not so related by nature
- The taking into one family of the child of another, as son and daughter and
heir and conferring on a little to the rights and privileges of such
ADOPTER (MAG A-ADOPT)
- The person adopting or petitioning for the adoption of a child
The adopter must be 15 years older than the person to be adopted
(PD 603)
ADOPTEE (IA-ADOPT)
The child or person being petitioned for adoption

ADOPTED CHILD (NA-ADOPT NA)

A child who underwent the judicial process of adoption
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SUPERVISED TRIAL CUSTODY
- A period of time within which a social worker oversees the
adjustment and emotional readiness of both adopter and
adoptee in stabilizing their filial relationship
- The period is at least six (6) months
RESCISSION OF ADOPTION
- The notification of the adoption
- Adoption shall not be subject to rescission by the adopter
GROUNDS FOR RESCISSION OF ADOPTION
- Repeated physical and verbal maltreatment by the adopter
despite having undergone counseling
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RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO
CHILDREN AND FOR OTHER PURPOSES (RA 8552)

•Child legally available for adoption – voluntarily/involuntarily

committed to the Department or to a duly licensed and accredited
child-placing or child-caring agency, freed of the parental authority
of his/her biological parent(s) or guardian or adopter(s) in case of
rescission of adoption
•Voluntarily committed child - parent(s) is knowingly and willingly
relinquishes parental authority to the Department.
•Involuntarily committed child -parent(s), has been permanently
and judicially deprived of parental authority due to abandonment;
substantial, continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibilities
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Who May Adopt?
 Any Filipino citizen of legal age, in possession of full civil
capacity and legal rights, of good moral character, has not
been convicted of any crime involving moral turpitude,
emotionally and psychologically capable of caring for
children
 At least sixteen (16) years older than the adoptee
 Any alien possessing the same qualifications as above
stated for Filipino nationals
 The guardian with respect to the ward after the
termination of the guardianship and clearance of his/her
financial accountabilities.
51
 Who May Be Adopted (RA 8552)

Any person below (18) years of age who has

been administratively or judicially declared
available for adoption;
Legitimate son/daughter of one spouse by the
other spouse;
Illegitimate son/daughter by a qualified
adopter to improve his/her status to that of
legitimacy; 52
A person of legal age if, prior to the adoption, said
person has been consistently considered and treated
by the adopter(s) as his/her own child since minority;
A child whose adoption has been previously
rescinded; or
A child whose biological or adoptive parent(s) has
died: Provided, That no proceedings shall be initiated
within six (6) months from the time of death of said
parent(s)

53
Supervised trial custody - is a period of time within which
a social worker oversees the adjustment and emotional
readiness of both adopter(s) and adoptee in stabilizing
their filial relationship.

Simulation of birth - tampering of the civil registry making

it appear in the birth records that a certain child was born
to a person who is not his/her biological mother, causing
such child to lose his/her true identity and status.
54
 RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO
CHILDREN (RA 8043)
Inter-country adoption - socio-legal process of adopting a
Filipino child by a foreigner or a Filipino citizen permanently
residing abroad where the petition is filed, the supervised trial
custody is undertaken, and the decree of adoption is issued
outside the Philippines.

•Matching - the judicious pairing of the adoptive child and the

applicant to promote a mutually satisfying parent-child
relationship

55
Who May be Adopted - Only a legally free child may be
the subject of inter-country adoption.
Who May Adopt
at least twenty-seven (27) years of age and at least
sixteen (16) years older than the child to be adopted, at
the time of application unless the adopter is the parent by
nature of the child to be adopted or the spouse of such
parent
if married, his/her spouse must jointly file for the
adoption;
has the capacity to act and assume all rights and
responsibilities of parental authority.
56
has not been convicted of a crime involving moral turpitude;
eligible to adopt under his/her national law;
is in a position to provide the proper care and support and to
give the necessary moral values and example to all his children,
including the child to be adopted;
agrees to uphold the basic rights of the child as embodied
under Philippine laws, the U.N. Convention on the Rights of the
Child, and to abide by the rules and regulations issued to
implement the provisions of this Act;

57
 PARENTAL AUTHORITY
Joint parental Authority
The father and the mother shall exercise jointly just and reasonable parental
authority and responsibility over their legitimate or adopted children.
Note: 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
Grandfather and in their default, the oldest brother and sister who is at least
eighteen years of age ,or a relative who is 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 provision of the law on
guardianship. 58
1. A Detention Home
- is a twenty -four hour child caring institution providing
short term resident care for youthful offenders who are
awaiting court disposition of their cases or transferred to
other agencies or jurisdiction.

2. A shelter care institution

- One that provides temporary protection and care to
children requiring emergency reception as a result of
fortuitous events, abandonment by parents , dangerous
conditions of neglect or cruelty at home

59
VOLUNTARILY-COMMITTED CHILDREN
- One whose parents or legal guardian knowingly and willingfully
relinquished parental authority to the DSWD or any duly accredited
child-placement or child caring agency or institution
CHILD-CARING AGENCY OR INSTITUTION
- Refers to a private non-profit or government agency duly accredited
by the DSWD that provides twenty-four (24) hour residential care
services for abandoned, neglected or voluntary committed children
(RA 9523)
CHILD-PLACING AGENCY OR INSTITUTION
- Refers to a private non-profit or government agency duty accredited
by the DSWD that receives and processes applicants to become foster
or adoptive parents and facilitate placement of children eligible for
foster care of adoption. 60
Receiving homes (10-20 days)
Are family –type homes which provide temporary shelter
from ten to twenty days for children who shall during this
period be under observation and study for eventual
placement by department of Social Welfare.
Nursery
provides care for six or more children below six years of age
for all or part of a twenty-four hour day, except those duly
licensed to offer primarily medical and educational services.
Maternity home
primary function is to give shelter and care to pregnant
women and their infants before, during and after delivery.
Rehabilitation center
receives and rehabilitates youthful offenders or other disturbed children. 61
 REPUBLIC ACT 7610
(ANTI CHILD ABUSE LAW) 62
 RA 7610 – SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE ,
EXPLOITATION AND DISCRIMINATION ACT.
- Aproved on 17 June 1992
- This law is also commonly referred to as the Anti- Child Abuse Law
RA 7658- Amendatory Law to RA 7610
- Approved on 9 November 1993
- This law amend the provisions of RA 7610 regarding working children
- Amend by RA 9231
CHILD ABUSE
Refers to maltreatment , weather habitual or not of child.
CHILD
Refers to person below eighteen years of age or those but are unable to fully
take care of themselves or protect from abuse, neglect, cruelty , exploitation
or discrimination because of physical or mental disability or condition 63
FORMS OF CHILD ABUSE

1. CRUELTY – Refers to any word

or deed which debases ,
degrades or demeans the
intrinsic worth and dignity of a
child as a human being.
2. SEXUAL ABUSED – Includes
employment, use, inducement
or coercion of a child to engage
in sexual intercourse or
lascivious conduct .
3. NEGLECT – Failure to provide ,
for reason of poverty , the basic
needs of a child , such as foods,
clothing , medical care, shelter
and education

64
 Child Prostitution
Weather male or female ,
who for money or profit ,
or any other consideration
or due to coercion or
influence of any adult,
syndicate or group, indulge
in sexual intercourse or
lascivious conduct.

65
The penalty of reclusion temporal in
its medium period to reclusion
perpetua shall be imposed upon the
following:

1. Those who engage in or promote ,

facilitate or induce child
prostitution which included , but not
limited to the following.

2. Inducing a person to be a client of a

child prostitute by means of written or
oral advertisement

3.Taking advantage of influence or

relationship to procure a child as a
prostitute

4.Giving monetary consideration ,

goods or other monetary benefits to a
child with intent to engage such child 66
in prostitution.
Forced Labor Slavery – Refers to the extraction of work or
services from any person by means of enticement , violence,
intimidation or threat, use of force or coercion, including
deprivation of freedom , abuse of authority or moral ascendancy
debt – bondage or deception

Sex tourism- Refers to program organized by travel tourism

related establishment and individuals which consist tourism
packages or activities, utilizing and offering escort and sexual
services as enticement for tourist.

Debt Bondage- Refers to pledging by debtor of his or her

personal services or labor those of a person under his or her
control as security payment for a debt.
67
 REPUBLIC ACT 9775 - ANTI CHILD PRONOGRAPHY ACT OF 2009

CHILD PORNOGRAPHY – Refers to any public or private representation , by

whatever means , of a child in engaged in real or simulated explicit sexual
activities or any representation of sexual parts of a child for primalrily sexual
purposes.

PORNOGRAPHY – Refers to any representation , through publication,

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

68
Children in Situations Armed
Conflict
Child as Zones of Peace
Children are hereby declared
as Zone of Peace It shall be
the responsibility of the state
and all sectors concerned to
resolve armed conflicts in
order to promote the goal of
children as zone of peace.

69
RA 9262 – ANTI VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT 2004

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

Refers to to any act or a series of acts committed by any person against a
woman who is wife , former wife or against women with whom the person has
or had a sexual or dating relations. Or with whom he has common child , or
against her child, whether legitimate or illegitimate , or within or without the
family abode, which result in or is likely to result in in physical , sexual
psychological harm or arbitrary deprivation of liberty.

70
PSYCHOLOGICAL VIOLENCE – acts or omission causing or likely cause mental or
emotional suffering of victim such as but not limited to intimidation,
harassment , stalking, damage to property public ridicule or humiliation and
repeated verbal abuse.

ECONOMIC ABUSE – Refers to an act that make or attempt to make a woman

financially dependent.

BATTERY – Refers to an act of inflicting physical harm upon the woman or her
child resulting to the physical and psychological or emotional distress.

STALKING – refers to an intentional act committed by a person who knowingly

and without lawful justification follows the woman or her child or places the
woman or her child under surveillance directly or indirectly.
71
Is VAWC committed by men alone?
Answer : Women can also liable under the law. These are the
lesbian partners/girlfriends or former partners of the victim
with whom she has or had or dating relationships.

72
  Cycle of BWS

• The tension-building phase;

• The acute battering incident;
• The tranquil, loving (or, at least,
nonviolent) phase.
73
 REPUBLIC ACT NO. 9344
JUVENILE JUSTICE AND WELFARE ACT OF 2006
74
 Definition of Terms
•Best Interest of the Child - totality of the circumstances
and conditions which are most congenial to the survival,
protection and feelings of security of the child.
•Child in Conflict with the Law - alleged as, accused of, or
adjudged as, having committed an offense under Philippine
laws.
• Child at Risk - vulnerable to and at the risk of committing
criminal offenses.
75
•Community-based Programs - programs provided in a
community setting developed for purposes of intervention
and diversion

•Deprivation of Liberty - any form of detention or

imprisonment, or to the placement of a child in conflict with
the law in a public or private custodial setting

•Diversion - alternative, child-appropriate process of

determining the responsibility and treatment of a child in
conflict with the law on the basis of his/her social, cultural,
economic, psychological or educational background without
resorting to formal court proceedings. 76
• Diversion Program – Refers to a program that the CICL is
required to undergo after he / she is found responsible
for an offense without resorting court proceeding.

• Initial Contact With-the Child - refers to the apprehension

or taking into custody of a CICL

• Juvenile Justice and Welfare System- system dealing with

children at risk and children in conflict with the law,
which provides child-appropriate proceedings, including
programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their
normal growth and development. 77
• Intervention – Refers to a series of activities which are
designed to address issues that caused the child to
commit an offense . It make take the form on an
individualized treatment program which may include
counseling , skills training , education and other activities
that will enhance his /her psychological / emotional and
psycho social well being.

• Victimless Crimes- Refers to an offense where there is no

private offended party.

• Court – refers to a family court or in places where there

are no family courts, any regional trial court. 78
Rights of the CICL

•No torture
•No capital punishment
•No unlawful deprivation of liberty; detention as a
last resort and for shortest period of time
•Humane treatment; separation from adults
•Access to legal and other assistance
•Bail and release on recognizance
•Testify in his behalf
•Privacy
79
•Diversion, if qualified
•Proportionate judgment
•Restrictions on liberty kept to a minimum
•Automatic suspension of sentence
•Probation, if qualified
•Exemption from perjury
•Others rights under existing laws
•Beijing Rules, Riyadh Guidelines and Rules on
JDL are adopted
80
•Status Offenses - offenses which discriminate only against a child,
while an adult does not suffer any penalty for committing similar acts.

•“Youth Detention Home “- refers to a 24-hour child-caring

institution manage by an accredited local government units (LGU’s)
and licensed and accredited non government organization (NGO’s)
providing short –term residential care for children in conflict with the
law who are awaiting for court disposition of their cases or transfer to
the agencies or jurisdiction.(RA 9344)

•“Youth Rehabilitation Center” – 24 hour residential care facility

manage by the Department of Social Welfare and Development
(DSWD).Provides care , treatment and rehabilitation monitored by
DSWD under service of trained staff
81
 INITIAL CONTACT WITH THE CHILD
MEDICAL/BLOTTER/ TURN OVER
TO PARENTS IF NECESSARY
DETERMINATION OF AGE

TURN OVER TO LSWDO (8 HRS)

DETERMINATION OF DISCERNMENT

WITHOUT DISCERNMENT WITH DISCERNMENT

15 ABOVE/ 18 BELOW

15 15 ABOVE / 18
DIVERSION
BELOW BELOW

DISQUALIFIED
QUALIFIED
INTERVENTION INTERVENTION

LEO/PRESECUTION
DIVERSION PROCEEDING
FAMILY
COURT/RTC
NOT GUILTY
DIVERSION PROGRAM GUILTY

AUTOMATIC
DISMISSED / AQUITED SUSPESION

RELEASED
(NO CRIMINAL
Prof. Vanezza A. Villaroya RCrim
RECORD) 82
 AUTOMATIC SUSPESION OF THE
EXECUTION OF SENTENCE

DISPOSITION MEASURE

FULLFILLED NOT FULLFILLED

DISMISSED (BY COURT)

(UPON RECOMMENDATION OF EXECUTION OF JUDGMENT
SOCIAL WORKER)

PROBATION AS ALTERNATIVE
CICL NO CRIMINAL RECORD FOR IMPRISONMENT
(IF QUALIFIED)

Prof. Vanezza A. Villaroya RCrim 83

Bahay Pag-asa - refers to a 24-hour child-caring
institution established, funded and managed by local
government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs)
providing short-term residential care for children in
conflict with the law who are above fifteen (15) but
below eighteen (18) years of age who are awaiting
court disposition of their cases or transfer to other
agencies or jurisdiction. ( RA 10630 an act strengthening
RA 9344)
84
 Serious Crimes Committed by Children Who Are
Exempt From Criminal Responsibility.

•A child who is above twelve (12) years of age up to fifteen

(15) years of age and who commits crime punishable by
more than twelve (12) years of imprisonment, shall be
deemed a neglected child under Presidential Decree No.
603, as amended, and shall be mandatorily placed in a
special facility within the youth care facility or ‘Bahay Pag-
asa’ called the Intensive Juvenile Intervention and
Support Center (IJISC).
( RA 10630 an act strengthening RA 9344) 85
•Repetition of Offense- A child who is above twelve (12) years
of age up to fifteen (15) years of age and who commits an offense for
the second time or oftener: Provided, That the child was previously
subjected to a community-based intervention program, shall be
deemed a neglected child under Presidential Decree No. 603, as
amended, and shall undergo an intensive intervention program
supervised by the local social welfare and development officer.

•If the best interest of the child requires that he/she be placed in a
youth care facility or Bahay Pag Asa , the child guardians or parents
shall execute a written authorization for the voluntary commitment
of the child . ( RA 10630 an act strengthening RA 9344)
86
Exploitation of children from commission of crimes

Any person who shall abuse his authority over the child , or who
shall induce , threaten or instigate a child to commit a crime , is
punishable for the crime committed by the child and penalty to be
imposed shall be maximum penalty provided by law .

VIOLATION OF LOCAL ORDINANCE (RA 10630- SEC 57 A)

Exempts the children from punishment for the violation of CITY
ORDINACE or MUNICIPAL ORDINANCE, Instead they will referred
to as a CHILD AT RISK in all official document records.
87
 AGE BRACKET TREATMENT / CRIMINAL
LIABILITY 88

Below (15) years old The child must be EXEMPTED and subjected to
intervention program

Above (15) years old- under (18) years  EXEMPTED, if the child acted without
discernment
 Not EXEMPTED , and must be subjected to
appropriate proceeding in accordance to RA 9344

Over (18) FULL CRIMINAL RESPONSIBILITY

Over (70) years old  No imposition of Death Penalty

 If Death penalty is already imposed, it must be
COMMUTED or SUSPENDED
The age of Full Criminal Responsibility of child in conflict
with the law:

A.18 years old over

B.9 years old below
C.Above 15 years but under 18
D.As long as he did not act with discernment

ANSWER : A

89
This child who has no proper parental proper care or
guardianship, or whose parents or guardians are deserted
him for a period of at least six continuous months:

A.Dependent
B.Abandoned
C.Child at risk
D.Child in Conflict with the Law

ANSWER :B (PD 603)

(3 ) Continuous months (RA 9523)

90
One who without parents or custodian or whose parent,
guardian have deserted him for good cause desires to be
relieved of his care and custody : and is dependent upon
public support :

A. Dependent
B.Abandoned
C.Child at risk
D.Child in Conflict with the Law

ANSWER : A
91
This refers with the system dealing with the children at risk
and children in conflict with the law which provide child
appropriate proceeding including programs and services for
prevention ,diversion , rehabilitation, re-integration and
aftercare to ensure their normal growth development

A. Juvenile Justice Administration

B.Juvenile Justice Welfare System
C.Juvenile Justice Welfare Administration
D.Juvenile Justice Welfare Management

ANSWER : B
92
This social act which may not punishable socially if
committed by adults :

A.Anti Social Behavior

B.Status Offense
C.Juvenile acts
D.Delinquent Acts

ANSWER : B

93
Under PD 603 this is the one whose behavior brought him into
repeated conflict with the law , regardless of weather he has been
taken before the court and adjudged as such:

A.Youth Offender
B.Delinquent
C.Juvenile
D.Deviant

ANSWER : B

94
This principle requires a process of resolving conflicts with
the maximum involvement of the victim , the offender and
the community:

A.Juvenile Justice Welfare System

B.Juvenile Justice Management
C.Restorative Justice
D.Preventive Justice

ANSWER : C

95
Under RA 10630 , a child who is above twelve (12) years of age up to (15)
years of age who commits an offense for a second time or oftener , shall be
deemed a neglected child under Presidential Decree No. 603 , as amended and
shall:

A. Undergo an Intensive program

B.Remain to be exempt from criminal Liability
C.Be committed back to the care of his her parents subject to an intervention
and visitation by the social welfare service
D.All of the above

ANSWER : A
96
An ideal home or family should have the following
EXEPT:

A. Physical and Psychological normality

B.Functional or emotional adequancy
C.Structural completeness
D.Faulty development of a child

ANSWER : D

97
Refers to a child who are vulnerable to and at risk of committing
criminal offenses because of personal , family and social
circumstances:

A.Child in conflict with the law

B.Child at risk
C.Dependent child
D.Neglected child

ANSWER : B

98
Under RA 9344, a child over 15 but under 18 at the time of the
commission of the offense shall also be exempted from criminal liability
, UNLESS:

A.He applied for suspension of sentence

B.He is willing to undergo diversion program
C.He acted with discernment
D.He acted without discernment

ANSWER : D

99
A persons whose conduct or offense discriminates only against
child , while an adult does not suffer any penalty for committing
similar acts:

A.Status offender
B.Status offense
C.Child at risk
D.Abandoned child

ANSWER : A

100
Its is the postponement of the imposition of the sentence
against youth offender :

A.Suspension of sentence
B.Reprieve
C.Exemption
D.Probation

ANSWER : A

101
This refers to the apprehension or taking a person into custody of a child
in conflict with the law by law enforcement officers or private citizen
including receipt of subpoena in cases that do not require preliminary
investigation or where there is no necessity to place the child alleged to
be in conflict with the law under immediate custody:

A.Arrest
B.Detention
C.Initial Contact
D.Voluntary surrender

ANSWER : C

102
This refers to a series of activities which address the issues that caused the
child to commit an offense .It may take the form of an individualized
treatment program which may include counselling , skill training ,
education, and other activities that will enhance his/her psychological,
emotional and psychosocial wellbeing:

A.Intervention
B.Diversion
C.Disposition
D.Suspension

ANSWER : A
103
What shall be done to a child above 15 but under 18 years old when
he committed a crime but did not act with discernment?

A.Shall be likewise exempt from criminal liability

B.Shall be liable
C.Shall be subjected to intervention program before being exempted
from criminal liability
D.Shall be subjected to diversion

ANSWER : A

104
As per 8043 , where is the application for adoption filed ?

A. RTC
B.Juvenile court
C.Family court
D.Civil Court

ANSWER : C

105
It is the maltreatment of child whether habitual or not

A.Child molestation
B.Child exploitation
C.Child trafficking
D.Child abuse

ANSWER : D

106
A Child in conflict with the law , who is not below the age of
irresponsibility, may also be released under this mode to the
parents , guardians , custodian or nearest relative at the
discretion of the court who shall be responsible for the child’s
behavior and appearance in court whenever required:

A.Bail
B.Recognizance
C.Probation
D.Automatic release

ANSWER : B
107
This is committed by any person who engage in trading and
dealing with the children including but not limited to , the act
of buying and selling of a child for money , or for other
consideration , or barter:

A.Abduction
B.Child trafficking
C.Child Abuse
D.Child exploitation

Answer : B

108
This shall be responsible for the primary nurturing and rearing
of child which is critical in delinquency prevention:

A.Family
B.Church
C.School
D.Community
E.Juvenile Justice System

Answer : A

109
In the event when the parents separate, the custody of a
child who is five years old or under shall be given to the :

A.Father
B.Mother
C.The court will decide
D.Grand parents

Answer : Mother

110
This is the Domestic Adoption Act of 1998:

A.Ra 8552
B.Ra 8043
C.Ra9208
D.Ra7658

Answer : A

111
Under RA 10630, what shall be done to a child 12-15 years old
who commits serious crimes?

a)He will not exempted from criminal liability since he commits

serious crime
b)He will not be exempted from criminal liability because the
provides so
c)He remains to be exempt from criminal liability but he will be
subjected to an intensive intervention

Answer : C
112
1.The act of branding or giving a child a name
associated with his act is called:

a)Name dropping
b)Name calling
c)Word play
d)Labeling

Answer : D
113
This is the age of complete irresponsibility as
provided under RA.9344

a)9 years of age or under

b)15 years of age or under
c)More than 15 but under 18
d)The Riyadh guidelines

Answer : B
114
Under RA 10630, a child who is above twelve (12) years of age up to
fifteen (15) years of age and who commits an offense for the second
time or oftener, shall be deemed a neglected child under Presidential
Decree No. 603, as a amended, and shall;

a) Undergo an intensive intervention program

b) Remain to be exempt from criminal liability
c) Be committed back to the care of his/her parents subject to an
intervention and visitation by the social welfare office
d) All of the above

Answer : A

115
This refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in
conflict with the law on the basis of his/her social, cultural,
economic, psychological or educational background without
resorting to formal court proceedings:

a)Diversion
b)Intervention
c)Disposition
d)Dismissal
Answer: A
116
The duty of taking the arrested youthful offender to
the nearest government health officer falls with the:

a)Social worker
b)Police or arresting officer
c)Barangay official
d)The parents of the offender

Answer: B
117
This refers to an acts that make or attempt to make a woman
financially dependent.

a)Economy abuse
b)Economical abuse
c)Economic abuse
d)Psychological abuse

Answer : C

118
Under RA 9344 , a child over (15) but under (18) at
the time of the commission of the offense shall also
be exempted from criminal liability , UNLESS:

a)He is willing to undergo diversion program

b)He is acted without discernment
c)He acted with discernment
d)He applied for suspension of sentence
Answer: B
119
This refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an
individualized treatment program which may include counselling, skills
training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social wellbeing:

a) Intervention
b) Diversion
c) Disposition
d) Suspension

Answer: A
120
This law exempts minors from prosecution of the crime of vagrancy
and prostitution under Section 202 of the RPC, of mendicancy under
P.D. 1563 and sniffing of rugby under P.D. NO. 1619-such
prosecution being inconsistent with the United Nations Convention
on the Child:

a) P.D. 603
b) R.A. 7610
c) R.A. 9344
d) R.A. 916O

Answer: C
121
“FAILURE IS THE OPPURTUNITY TO BEGIN
AGAIN , MORE INTELLIGENTLY.” - VAV

122