JUVENILE

DELINQUENCY
CRIME
&
prepared
PREVENTION
by:sir
IJJS
REF:RJP
History
Chancery or equity courts – Created
by the king of England, under the
guidance of King’s chancellor.
Chancery courts were created to
consider petitions of
those who needed special aid or
intervention, such as woman and
children who needed protection and aid
because of divorce, the death of a
spouse, or abandonment, and to grant
relief to such persons.
Note:
Through the chancery courts, the king
exercise the right of parens patria (parents
of the country) by enabling these
courts to act in loco parentis (in the place of
parents) to provide necessary services for
the benefit of women and children. In other
words, the king, as ruler of his country, was
to assume responsibility for all those under
his rule, to provide parental care for children
who had no parents, and to assist women who
required aid for any of the reasons mentioned
above.
Although chancery courts did not normally
deal with youthful offenders, they did
deal with dependent or neglected youth
as do juvenile courts in the Unites
States today. The principle of parens
patriae later became central to
development of juvenile court in
America.
Pope Clement XI – In 1704 in Rome,
established the Hospital of St. Michael’s, the
first institution for the treatment of
juvenile offenders.
The stated purpose of the hospital was to
correct and instruct unruly youth so they
might become useful citizens.
Robert Young – In 1788 established the
first private, separate institution for
youthful offenders in England.
The goal of the institution was to educate and
instruct in some useful trade or occupation
the children of convicts or such other infant
poor as engaged in a vagrant and criminal
course of life.
Albert K. Cohen
– The first man
who attempted
to find out the
process of
beginning of the
delinquent
subculture.
Kingwood Reformatory – This was
established for the confinement of
the “hordes of unruly children who
infested the streets of new
industrial towns” of England.
New York Committee on Pauperism
– In 1818, the committee gave the
term “Juvenile Delinquency” Its
first public recognition by referring
it as a major cause of pauperism.
1899 – The first Juvenile or
“family” court was
established in Cook County
Illinois.
1899 – 1967 – This has been
referred to as the era of
“socialized juvenilejustice”.
 THEORIES OF
DELINQUENC
Y
 Social Disorganization
This theory was recognized early in twentieth century
Theory
by sociologist Clifford Shaw and Henry Mckay.
According to social disorganization theory, disorganized
areas cannot exert social control over acting-out youth;
these areas can be identified by their relatively high
level of change, fear, instability, incivility, poverty and
deterioration, and these factors have a direct influence
on the area’s delinquency rate. It is not, then, some
individual property or trait that is the cause of
delinquency, but the quality an ambiance of the
community in which adolescents are forced to reside.
In the areas where there is no sense of collective
efficacy, delinquency rates will be controlled no matter
what the immediate economic situation.
 Anomie Theory
Advocated by Emile Durkheim, anomie is
normlessness produced by rapidly shifting
moral values, this occurs when personal
goals cannot be achieve using available
means.
Anomie refers to a breakdown of social norms
and it is a condition where norms no longer
control the activities of members in society.
Individuals cannot find their place in society
without clear rules to help guide them.
Changing conditions as well as adjustments
in life leads to dissatisfaction, conflict, and
deviance.
 Strain
This contend that certain classes are denied
Theory
legitimate access to culturally determined
goals and opportunities and the resulting
frustration, results in illegitimate activities or
rejection of the society’s goal.
According to sociologist Robert Merton,
although most people share common values
and goals, the means for legitimate economic
and social success are stratified by socio
economic class. Consequently these youths
may either use deviant methods to achieve
their goals or reject socially accepted goals
and substitute deviant ones.
 Sources of
Strain
Strain caused by the failure to
achieve positively valued goals
Strain caused by the disjunction
of expectations and achievements
Strain as the removal of
positively
valued stimuli from the individual
Strain as the presentation of
 Differential Opportunity Theory
Delinquent subcultures, according to Richard
Cloward and Lloyd Ohlin, flourish in the
lower-classes and take particular forms so
that the means for illegitimate success are no
more equally distributed than the means for
legitimate success.
They argue that the types of criminal
subcultures depend on the area in which they
develop. Ohlin and Cloward stated that the
varying form of delinquent subcultures
depended upon the degree of integration that
was present in the community.
 Three types of delinquent gangs by Cloward and
Ohlin
1. The Criminal Gang. Emerge in areas where
conventional as well as non-conventional values of
behavior are integrated by a close connection of
illegitimate and legitimate businesses. This type of
gang is stable than the ones to follow. Older criminals
serve as role models and they teach necessary
criminal skills to the youngsters.
2. The conflict/violent gang. Non-stable and
non-integrated, where there is an absence of criminal
organization resulting in instability. This gang aims
to find reputation for toughness and destructive
violence.
3. The Retreatist Gang. Is equally unsuccessful in
legitimate as well as illegitimate means. They are
known as double failures, thus retreating into a world
of sex, drugs, and alcohol.
 Class Conflict Theory
According to Richard Quinney and William Chambliss,
conflict theory is based upon the view that the
fundamental causes of crime are the social and economic
forces operating within the society. The criminal justice
system and criminal law are thought to be operating in
behalf of rich and the powerful social elites, with
resulting policies aimed at controlling the poor. The
criminal justice establishment aims at imposing
standards of morality and good behavior created by the
powerful on the whole of society. Focus is on separating
the powerful from have nots who would steal from
others and protecting themselves from physical attacks.
In the process the legal rights of poor folks might be
ignored. The middle class are also co-opted; they side
with the elites rather than the poor, thinking they might
themselves rise to the top by supporting the status quo.
 Differential Oppression Theory
John D. Hewitt and Robert Regoli proposed
that much serious juvenile delinquency is a
product of the oppression of children by adults,
particularly within the context of family. The
maltreatment of children has been found to be
highly correlated with both serious and
moderate delinquency as well as other problem
behaviors.
Differential oppression Theory argues that adult
perception of children force youths into socially
defined and controlled inferior roles, including
the socially constructed “juvenile delinquency”
role that separates youthful and adult offenders
for treatment and control.
 Differential Association Theory
Asserts that criminal behavior is learned
primarily within interpersonal groups
and that youths will become delinquent
if definitions they have learned
favorable to violating the law exceed
definitions favorable to obeying the law
within the group. This theory was
introduced by Edwin Sutherland.
 Social Learning
This theory view that behavior is modeled
Theory
through observation, either directly through
intimate contact with others, or indirectly
through intimate contact with others, or
indirectly through media; interactions that are
rewarded are copied, where as those that are
punished are avoided. The family may serve as
a training ground for violence since the child
perceive physical punishment as the norm
during conflict situations with others.
Drift Theory (Neutralization Theory)

Neutralization Theory, or Drift

Theory as it is often called,
proposed that juveniles sense a
moral obligation to be bound by the
law. Such a bind between a person
and the law remains in place most of
the time, they argue. When it is
not in place, delinquents will drift.
 Labeling Theory
This theory views that youths may violate the
law for a variety of reasons, including poor
family relations, peer pressure, psychological
abnormality, and pro-delinquent learning
experiences. Regardless of the cause of
individuals’ delinquent behaviors are detected,
the offenders will be given a negative label
that can follow them throughout life. These
label include “troublemaker”, “juvenile
delinquent”, “mentally ill”, “junkie” and
more.
 Social Control Theory
This perspective states that members in society form
bonds with other members in society or institution
in society such as parents, pro-social friends,
churches, schools, teachers, and sports teams. The
social bonds include the ties and affection that
develop between children and key people in their
lives; commitment to social norms of behavior and
to succeed in regards to such values as getting good
education, a good job and being successful;
involvement in activities; and finally that most
persons are brought up to believe in and respect
the law.
 Interactional
Theory
Originated by Terrence Thornberry, he
viewed that weakening of a child’s
social bond as the fundamental cause
of delinquency.
The theory examined the changing
nature of relationships over the life
course. It emphasized the reciprocal
nature between many of the variables
used to explain delinquency.
 Self-control Theory
In short, self-control theory suggests
that deviance simply results from the
individual’s inability to effectively
control his/her impulses.
Self-control theory argues that it is
the absence of self-control rather than
the presence of some force or factor
such as poverty, anomie, opportunities
for deviance, delinquent peers, exposure
to definitions favorable to deviance,
etc. that leads to deviance.
 Culture Deviance Theory
■ Links delinquent acts to the formation
of independent subcultures with a
unique set of values that clash with the
main stream culture.
■ This theory argue that children learn
deviant behavior socially through
exposure to others and modeling of
others action.
 Rational Choice
■ They argueTheory
in many cases, deviance is a result
of highly calculation of risks and awards.
Prospective deviants weigh their own chance
of gain against the risk of getting caught, and
thereby decide a course of action.
Juveniles however do not always choose the
most rational actions. There values are
different from adult and their motives are
different from an adult criminal. Adolescent
are also notorious for not thinking before
they act. These actions which constitute
delinquency may come as a result of acting
against authority,or to rebel against cultural
norms and goals.
 Routine Activities Theory
This theory viewed that crime is a normal
function of the routine activities of modern
living; offenses can be expected if there is a
motivated offender and suitable target that is
not protected by capable guardians.
The routine activities approach gives equal
weight to the role of both the victim and the
offender in the crime process. Criminal
opportunity is significantly influenced by the
victim’s lifestyle and behavior. The greater
the opportunity for criminals and victims to
interact, the greater the probability of crime.
 Learning
■ Posits that Theory
delinquency is learn through close
relationships with others; it asserts that
children are born ”good” and learn to be
“bad” from others.
■ Learning theories hold that children living
in even the most deteriorated areas can
resist inducements to crime if they have
learned proper values and behavior.
Delinquency, by contrast, develops by
learning the values and behavior associated
by criminal activity.
 NATURE OF DELINQUENCY
a.Incidence of delinquency accelerates at age 13 and
peaks at age 17.
b.The prevalence (how widespread youth crime in the
society) of different kinds of offending at each stage but
also about the percentage of person initiating and
terminating. Termination at about 18 or 19.
c.The gap between male and female involvement in
status and non-victimizing offenses of serious types.
d.A larger proportion of boys than girls report having
broken the law and that boys break it frequently.
e.As of value of goods stolen increases, so does the sex
ratio showing male involvements.
 Vices
Disobe
y
Parent Skip
s School

Juveni Have
Use le Bad
Profan Status Compa
ity nion
Offend
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Violat
e Run
Curfe Sex Away
w and
Immor
al
Condu
ct
 Classification of delinquency
Unsocialized Aggression – Rejected or
abandoned, no parents to imitate and
become aggressive.
Socialize Delinquency – Membership of
fraternities or groups that advocate bad
things.
Over-inhibited – Group secretly trained to
do illegal activities, like marijuana
cultivation.
 Juvenile Delinquency Tendencies
Malicious – Expression of defiance
Negativistic – Changeable attitudes
like
not being satisfied in status.
Non-utilitarian – Vandalistic attitude
like graffiti.
Hedonistic – Doing bad thing
for pleasure.
 Types of Delinquents
Occasional Delinquents – these delinquents participate in a
group. They have common or similar characteristics. They
are “pro-social” (They do what other are doing).
* Sub-Culture – A group of people who share a number
of values and attitudes in common.
Gang Delinquents – Generally commits the most serious
infractions, is most often sent to a correctional institution, and
most often continuous in a pattern of semi-professional
crimina behavior as an adult.
Maladjusted Delinquents – The activity stems from personality
disturbance rather than gang activity or slum residence. They
ar having “weak ego” “the asocial”, experienced early and
severe parental rejection. They have poor personal relations
and suffer general social isolation. They are disorderly,
confused and not dependable with pathological disturbances.
 CAUSES OF
DELINQUENCY
 FAMILY AND DELINQUENCY
■ Family size
■ Child’s Birth Order in
the Family
■ Relations Between
Parents and Children
 Family Rejection
1. Protest – cries and screams for
mother, shows panic, clings when
she visits and howl when she leaves.
2. Despair – after a few days,
child becomes withdrawn, sucks
thumb 3. Detachment – loses
interest in parents, and is not
concerned whether they are there
or not
Family

Models
 The Corporate
Model
Father
Chief Executive
Officer

Mother
Operating Officer

Children Children Children Children

Staff Staff Staff Staff
 The Team Model
Father
Coach / Manager

Mother
Cheerleader / Trainer

Children Children Children Children

Athletes Athletes Athletes Athletes

The Military Model
Father
General

Mother
Guard on Duty / Medics

Children Children Children Children

Grunts Grunts Grunts Grunts
 The Boarding
School
Father
Model Rector / Headmaster

Mother
Dorm Counselor

Children Children Children Children

Students Students Students Students

 The Theatrical
Model
Father
Producer / Director

Mother
Stage Manager

Children Children Children Children

Actors Actors Actors Actors
 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. Broken
homes are associated with an increase
risk in deviant behavior.
Single Parent family
Effect of Single-Parent family
1. Single parent are much more likely to be
living in poverty, or living in a high-
delinquency area than are married persons.
2. Single-parent may find it more difficult to
control their children during late childhood
and adolescence.
3. The fathers of the children of single-mothers
may have criminal behavior or alcoholism
which may have influenced their children prior
to family-breakdown
 School and Delinquency
The general path towards
occupational prestige is education, and
when youth are deprived of this
avenue of success through poor
school performance there is a greater
likelihood of delinquent behavior.
 Adolescence, Peer and Delinquency
■ Adolescence is the transgression stage between
childhood and adulthood. The period of life as
turbulent, emotional one, filled with storm and
stress, brought on by the various biological changes
of puberty.
■
Psychologist have long recognized that as
children mature, the nature of their friendship
pattern also evolves. While patterns are the
primary source of influence and attention in
children’s early years, children seek out a stable
peer group.
 Delinquent Peers
The weight of the empirical evidence indicate
the youths who are loyal to delinquent
friends, belong to a gang, have bad
companions, and are otherwise involved
with deviant peers are the ones most likely
to commit a crime.
 Gangs
Characteristics of Gang
Organization - creation of an administrative body.
Leadership – gangs have established leaders, like militaristic
or mafia style model – the top authority positions
analogous to that of the highest ranking officer in a
military unit, rule by force by the leader who is usually
older, stronger and reversed by gang members.
Turf – Particular territory or neighborhood crossing turf
boundaries and entering another gang territory.
Cohesiveness – share privacies with one another than their
non-delinquents to believe they can trust their friends
and have their trust on their friends.
Purpose – delinquent gangs have been typically though to
exist for the purpose of committing offense.
 Traits of Gang

Competitiveness – The child growing up in a slum

area learns to compete for scarce resources for survival.
Mistrust – The child learns that he cannot have
confidence in others, who will always put themselves first.
Self-reliance – The individual learns to count on
no-one but himself, and that any assistance has
cost.
Social isolation – The individual learns not
to
become emotionally attached to others , for they will
only lead to pain.
Survival instinct – the characteristic is solidified
by
the young person’s experience of the loser’s in the
neighborhood, who give him added impetus not to
MARRIAGE
Marriage is a special contract of
permanent union between a man and a
woman entered into in accordance with
law for the establishment of conjugal
and family life. It is the foundation of
the family and an inviolable social
institution whose nature, consequences,
and incidents are governed by law and
not subject to stipulation, except that
marriage settlement may fix the
property relations during the marriage
within the limits provided by the Family
Code.
 Principles of Marriage
1. Union – Physical and spiritual mating
2.Of one man with one woman – This is
monogamy, which is the ideal marriage.
3.Reciprocal Blessing – marriage is a 50-50
proposition
4.Birth – One purpose of marriage is the
procreation of children.
5.Rearing – The care of both parents is
essential.
6.Education of Children - It is the
natural right of parents to educate their
children.
 Some Other Consequences of
Marriage
■ 1. Marriage emancipates a person from
parental authority as to person. As to
property, there is an incomplete
emancipation.
■ 2. A husband and a wife can chastise
or reprimand each other, but may not
inflict force, except when either
catches the other in the act of sexual
intercourse with a stranger.
 Annulment Legal separation
a.the marriage is a.there was no defect
defective at the very in the marriage at the
beginning beginning

b.the cause for b.the cause for legal

annulment must be separation arises
already existing at after the marriage
the time of marriage celebration

c.there are seven c.there are ten

grounds for annulment grounds for legal
separation
d.annulment dissolves
the marriage bond; the d.the marriage
parties are free to remains
marry again
Paternity and Filiations
Filiations is the judicial
determination of paternity
which is the relation of child to
father.
The filiations of children may be by
nature or by adoption. Natural
filiations may be legitimate or
illegitimate.
Distinction between Paternity
and Filiations
While paternity is the civil status
relationship of the father to the
child, filiations is the civil status
or relationship of the child to the
father.
 Legitimate Child
One conceived or born during the marriage of the parents.
Legitimacy of a child may be impugned only on the
following grounds:
a. That it was physically impossible for the husband to have
sexual intercourse with his wife within the first 120 days
of the 300 days which immediately preceded the birth
of the child because of:
1.the physical incapacity of the husband to have sexual
intercourse
2.the fact that the husband and wife were living
separately that sexual intercourse is impossible
3.serious illness of the husband, which absolutely
prevented sexual intercourse.
b. That it is proved that for biological or
other scientific reasons, the child could
not have been that of the husband.
c. That in case of children conceived
through artificial insemination, the written
authorization or ratification of either
parent was obtained through mistake,
fraud, violence, intimidation or undue
influence.
Illegitimate Child
■ One who was conceived
and born outside a
valid marriage.
 Legitimated Child
An illegitimate child who has given the rights of
a legitimate child, provided the following
requisites are present:
■ a. Conceived and born outside wedlock of
parents who at the time of the conception of
the child, were not disqualified by any
impediment to marry each other.
■ b. A subsequent valid marriage between
parents. If a marriage is voidable but
subsequently annulled, the legitimation
remains valid, for after all, a voidable
marriage is valid until annulled.
 Adoption
Adoption is defined as the process of
making a child, whether related or
not to the adopter, possess in
general, the rights accorded to a
legitimate child.
Generally, only minors are adopted,
except in cases when the adoption of
a persons of majority age is allowed.
Qualification of an Adopter
a. A person of age and in possession of
full civil capacity and legal rights may
adopt, provided he is in the position to
support and care for the children in
keeping with the means of his family
b.He must be at least 16 years older than the
person to be adopted, unless the adopter is
the parent by nature of the adopted.
 The following persons may not
adoptto the ward prior
1.The guardian with respect
to the approval of the final accounts
rendered upon termination of their
guardianship status.
2.Any person who has been convicted of a
crime involving moral turpitude
3.An alien, except:
a.A former Filipino citizen who seeks to adopt a
relative by consanguinity.
b.One who seeks to adopt legitimate child of
his or her Filipino spouse; or
c. One who is married to a Filipino citizen and
seeks to adopt jointly with his or her spouse a
relative by consanguinity of the latter.
Effects of Adoption
■ a. For civil purposes, the adopted shall be
deemed to be legitimate child of the adopters
and both shall acquire the reciprocal rights and
obligations arising from the relationship of
parents and child, including the right of the
adopted to use the surname of the adopters;
■ b. The parental authority of the parents by
nature over the adopted shall be terminated
and be vested in the adopters, except that if
the adopter is the spouse of the parents by
nature of the adopted, parental authority shall
be exercise jointly by both spouse;
■ c. The adopted shall remain intestate heir of
his parents and other blood relatives.
 Parental Authority (Patria
Potestas)
It is the sum total of the right of
parents over the persons and
property of their children. Children
shall always observe respect and
reverence towards their parents
and are obliged to obey them as
long as the children are under
parental authority.
Marriage and Delinquency Factors:

1. Broken Family/Home
a. Separated parents
b. product of domesticated abuse
2. Adopted
LAWS ON
JUVENILE
DELINQUENCY
PRESIDENTIAL DECREE 603

The Presidential Decree (PD) 603

is known as the Child and Youth
Welfare Code. The Decree was
signed by his Excellency
President Ferdinand Marcos on
December 10, 1974 and took
effect on June 10, 1975.
 Classification of Children and Youth Welfare
Agencies
1. Child Caring Institution. One that
provides 24-hour resident group care
service for the physical, mental, social
and spiritual well-being of nine (9) or
more mentally gifted, dependent,
abandoned, neglected, handicapped,
disturbed or youthful offenders.
An institution whose primary purpose is
education is deemed to be a child-
caring institution if nine or more of its
pupils or wards do not return annually
to the homes of their parents for at
least two months of summer vacation.
2.Detention Homes. A 24-hour child
caring institution providing short term
resident care for youthful offenders who
are awaiting court disposition of their cases
or transfer to other agencies or
jurisdiction.
3.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 in the
home or a court order holding them as a
4.Receiving homes. Family type homes which
provide temporary shelter from ten (10) to
twenty (20) days for children who shall during
this period be under observation and study
for eventual placement by DSWD. The number
of children in a receiving home shall not at
any time exceed nine (9).
5.Nursery. A child-caring institution that
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 primary medical and
educational services.
6.Maternity Home. An institution or
place of residence whose primary
function is to give shelter and care
to pregnant women and their
infants before, during and after
delivery.
7.Rehabilitation center. An institution
that receives and rehabilitates youthful
offenders or other disturbed children.
8.Reception and study center. An institution
that receives for study, diagnosis and
temporary treatment, children who have
behavioral problems for the purpose of
determining the appropriate care for them or
recommending their permanent treatment or
rehabilitation in other child welfare
agencies.
9.Child-placing Agency. An institution or
person assuming care, custody, protection and
maintenance of children for placement in any
child-caring institution or home or under the
care and custody of any person for adoption,
guardianship or foster care.
 Dependent, Abandoned and Neglected
Children
Dependent Child. One who is without a
parent, guardian or custodian, or one
whose 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. 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.
Neglected Child. One whose basic needs
have been deliberately unattended or
inadequately attended. Neglect may occur in
two ways:
a.Physical Neglect – when child is malnourished,
ill clad and without proper shelter.
b.Emotional Neglect – when children are
maltreated, raped or seduced; when children are
exploited. Overworked or made to work to
conditions not conducive to good health; made
to beg in the streets or public places, when
children are in moral danger or exposed to
gambling, prostitution and other vices.
Commitment or surrender of a child is a
legal act of entrusting a child to the care
of the DSWD or any duly licensed child
placement agency or individual. It may be:
a. Involuntary commitment, in a case of a
dependent child, or through termination of
parental guardianship rights by reason of
abandonment, substantial and repeated
neglect and or parental incompetence to
discharge parental responsibilities.
b. Voluntary commitment through the
relinquishment of parental guardianship
rights.
 Mentally Retarded, Physically
Handicapped, Emotionally Disturbed
and Mentally Ill Children
Mentally Retarded Children
a. Socially incompetent, that is socially
inadequate and occupationally incompetent and
unable to manage their own affairs.
b. mentally subnormal
c. retarded intellectually from birth or
early age
d. retarded at maturity
e. mentally deficient as a result of
constitutional origin, through heredity or
disease
f. essentially incurable
Classification of Mental Retardation
a. Custodial Group. Members of this
classification are severely or profoundly
retarded, hence, the least capable group. This
include those with I.Q. is to 25.
b. Trainable Group. Members of this group
consists of those with I.Q. 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 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 instructions.
c. Educable Group. This group’s IQ ranges from
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. The degree of success or
accomplishment that they will reach in life
depends very much on the quality and type of
education that they will receive, as well on the
treatment at home and in the community.
d. Borderline or Low Normal Group. This is the
highest group of mentally retarded with IQs
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 extra care, guidance and
consideration.
Physically Handicapped Children. Are those
who are crippled, deaf-mute, blind or
otherwise defective with restricts their means
of action or communication with others.
Emotionally Disturbed Children. 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. Are those with behavioral
disorder, whether functional or organic, which
is of such degree of severity as to require
professional help or hospitalization.
Disabled Children. Shall include mentally
retarded, physically handicapped,
emotionally disturbed and severe mentally
 REPUBLIC ACT
7610
Republic Act 7610 otherwise known as Special Protection of
Children Against Child Abuse, Exploitation and
Discrimination Act was approved on June 17, 1992.
A child refers to a person below eighteen (18) years of age
or one over said age and who, upon evaluation of a qualified
physician, psychologist or psychiatrist, is found to be
incapable of taking care of himself fully because of a physical
or mental disability or condition or of protecting himself
from abuse.
Child abuse is an act of deliberately inflicting physical
injuries upon a child. Unreasonable deprivation of child’s
basic needs,
e.g. food, shelter or both that could result to serious
impairment of his/her growth/ development, incapacity or
death. Any act which debases or demeans the intrinsic with the
dignity of the child as human being is also considered as an
abuse.
Types of Child Abuse
Physical Abuse/Maltreatment –
Any act which results in
non-accidental physical injury
and/or unreasonable
infliction of physical injury
to a child.
Which includes but is not
limited to lacerations,
fractures, severe beatings,
slap with full hands, kicking,
inflicting burns, suffocating,
pinching, punching, shaking,
hanging and other similar acts.
Also known as child battering.
Psychological abuse –
any harm to child’s
emotional or
intellectual
functioning, which
includes but not
limited to cursing,
belittling, rejecting,
using degrading
words and other
similar acts.
Child Neglect – Any
unreasonable deprivation
of child’s basic needs such
as food, clothing, shelter,
education, medical and
general care and
supervision by parents,
guardians or custodians
and when they are forced
to assume duties that are
not appropriate to their
age and physique.
Sexual Abuse – is the
involvement of the child in
sexual activity with an adult or
any person older or bigger in
which for gratification of older
person’s needs or desires are
achieved. It also includes the
employment, use, persuasion,
inducement, enticement, or
coercion of a child to engage in
or assist another person to
engage in sexual intercourse or
lascivious conduct or the
molestation, prostitution or
incest with children.
Sexual Exploitation – Act
involving children whether
male or female, who for
money, profit or any other
consideration or due to
coercion or influence by an
adult, syndicate or group, to
indulge in sexual intercourse
or lascivious conduct. It
includes hiring, persuasion,
inducement or coercion of a
child to perform obscene
exhibitions and indecent
shows, whether live or in
video, or to pose or act as a
model in obscene publications
or pornographic materials or
to sell or distribute the said
materials.
Child Labor Exploitation - the act of
employing, permitting or allowing
children below 15 years of age to
suffer to work in any public or
private establishment where they
are not directly under the
supervision of their parents,
guardian or the latter employ other
workers apart from their children.
Examples of which are minors
employed in hazardous occupations
like drivers, charcoal burners, stone
splitters, operators of farm
machines and equipment, work in
slaughter houses, dockworks, lifting,
handling and carrying heavy loads
as enumerated in DOLE
Department Order No. 4.
Child Trafficking - the act of engaging 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. Attempt to commit child trafficking
include the following:
When a child travels alone to a foreign country
without reason therefore and without clearance
issued by the DSWD or written permit or
justification from the child’s parents or legal
guardian;
When a pregnant mother executes an affidavit or
consent for adoption for a consideration;
When a person, agency, establishment or child
caring institution recruits women or couples to
bear children for child trafficking;
When a doctor, hospital or clinic official or
employee, nurse, midwife, local civil registrar or
any other person simulates birth for the
purposed of child trafficking;
When a person engages in the act of finding children
among low-income families, hospitals, clinics,
nurseries, day care centers or other child caring
institutions who can be offered for the purpose of
child trafficking;
Recruitment of children for illegal employment.
Causes of Child Abuse and Neglect
Parents/adults may abuse children due to
ignorance, emotional maturity, stresses such
as marital or economic problems, a
predisposition toward maltreatment(perhaps
as a result of having been abuse, molested or
neglected), a lack of constructive outlets for
tension, anger or aggression, or poor impulse
control. In addition, parents and other adults
may abuse children as a result of mental
disturbance, sexual perversion and those
under the influence of alcohol and prohibited
drugs.
These are the three factors leading to
the occurrence of abuse and
neglect:
a. Parent Factors- characteristics
of parents that increase likelihood
of abuse.
b.Child Factors - characteristics in the
child that increase likelihood of abuse.
c. Environment Factors - refers to the
physical, social, economic conditions
creating crisis situation that increases
likelihood of abuse.
Child Abuser
A child abuser is any person regardless of age,
sex, race, creed or color who deliberately
commits or perpetuates any acts defined as
constituting child abuse. A child abuser is
usually a person known or trusted by the child
– can be a family member, a relative, neighbor,
friend, teacher, baby sitter or child care giver.
He or she may also be a stranger to the child.
Study shows that most child abusers have been
victim of child abuse.
Types of Abuser
1. Parentally Incompetent Abuser – the
practice of disciplining their children is the
same way they are disciplined. But as the
norms that govern the child rearing is
changed, so have the norms about what
constitute acceptable discipline.
2. Situational Abuser – some parents only
abuse their children when they are
confronted with a particular situation.
They are non-abusive but “fly off the
handle” when some particular circumstance
develop.
3. Accidental Abuser – exercise poor
judgment in their parenting decisions. They
administer enemas to children to discipline
them.
4.Sub-cultural Abuser – A group of people who
share a number of values, norms and attitudes in
common. In some subculture, the members believe
that committing violence against children has an
inherent positive value. Punishing sons to make
them good Christians.
5.Self-identified Abuser – some parents know they
are abusive. They know that if their child rearing
practices were known to the authorities, they
would be censured. Many of these parents want to
stop abusing their children but cannot, and are
afraid to make their discipline practices known.
“Placing high expectations on the child and
punishing him if he fails”.
6.Institutionally Prescribed Abusers – sometimes
abuse occurs in institutions because of beliefs on
which these institutions are grounded.
Effects of Child Abuse
Child abuse adversely affects the normal, physical
and psychological growth and development of the
child. It may vary depending on the degree of
abuse on the child.
a. Physical Effects - Malnutrition, sexually
transmitted diseases, AIDS, unwanted pregnancy,
permanent physical disabilities, drug addiction
and death.
b. Psychological and Social Effects - Withdrawal
syndrome, extreme depression, sense of alienation,
suicidal/self destructive tendencies, emotional
breakdown, aggressive behavior, low self image
relationship problems, rejection, fear, confusion
 Disclosure of abuse and neglect

Sometimes children will tell you

directly that they arebeing
abused or neglected. Sometimes
they use indirect ways to tell
you, through art, writing or
hints which is known to be as
disclosures.
Two ways of Disclosure
1. Direct Disclosure – sometimes children tell others
directly that they are being abused and neglected.
They will start with an example and watch how you
react. Research indicates that children tell their
story many times before action is taken. You
should respond to a child’s disclosure of abuse or
neglect with an open mind and a willingness to
believe them
2. Indirect Disclosure – sometimes children do not
tell others directly but use indirect methods of
communicating about their abuse or neglect.
These includes their behaviors, emotions, art,
writing, appearance, inquiries, discussion of fears,
concerns or relationship. Children also divulge
information through indirect statements, made
with conditions or third party statements.
 Republic Act
known7658
as an Act Prohibiting the
Employment of Children below 15
years of age in Public and Private
Undertakings. This law was approved
on November 9, 1993 and took
effect on November 24, 1993. This
law specifically emended Section 12,
Article VIII of RA 7610.
Children below fifteen (15) years of age
shall not be employed except:
a. When a child works directly under the sole
responsibility of his parents or legal
custodian and where only members of the
employer’s family are employed. Provided
however, that his employment neither
endangers his life, safety, health and morals,
nor impair his moral development. The
parent or legal guardian shall provide that
said child with the prescribed primary
and/or secondary education.
■ b. Where a child’s employment or
participation in public entertainment
or information through cinema,
theater, radio or television is essential
but the employment contract is
concluded by the child’s parent or
legal guardian, with the express
agreement of the child concerned, and
if possible the approval of
Department of Labor and
 Republic Act
8369
known as the Family Court
Act of 1997. This is an Act
establishing Family
Courts, granting them
exclusive original
jurisdiction over child and
family cases.
Jurisdiction of Family Courts
The Family Courts shall have the exclusive original
jurisdiction to hear and decide the following
cases:
1. Criminal cases where one or more of the
accused
is below 18 years of age but not less than 9
years
of age, or where one or more of the victims
is a
minor at the time of the commission of the
offense. Provided, that if the minor is
found
guilty, the court shall promulgate sentence
and
ascertain any civil liability which the
accused may
have incurred. The sentence, however, shall
be
suspended without need of application
3.Petitions for adoption of children and the
revocation thereof;
4. Complaints for annulment of marriage,
declaration of nullity of marriage and those
relating to marital status and property
relations of husband and wife or those
living together under different status and
agreements, and petitions for dissolutions
of conjugal partnership in gains;
5.Petitions for support and or
acknowledgment;
6. Summary judicial
proceedings brought
under the provisions of Executive Order
209 otherwise known as the Family Code of
the Philippines;
7.Petitions for declarations of status of children
as abandoned, dependent or neglected
children, petitions for voluntary and involuntary
commitment of children, the suspension and
termination or restoration of parental
authority and other cases cognizable under PD
603, EO 56 (series of 1986), and other elated
laws;
8.Petitions for the constitution of the family
home;
9.Cases against minor cognizable under
Dangerous Drugs Act as amended;
10.Violations of RA 7610, otherwise known as
the Special Protection of Children Against Child
Abuse , Exploitation and Discrimination Act as
amended by RA 7658; and
11. Cases of Domestic violence against:
a.Women – which are acts of gender based
violence that result, or are likely to result
in physical, sexual or psychological harm or
suffering to women, and other forms of
physical abuse such as battering or threats
or coercion which violate a woman’s
personhood, integrity and freedom of
movement; and
b.Children – which include the commission of
all forms of abuse, neglect, cruelty,
exploitation, violence, and discrimination
and all other conditions prejudicial to their
development.
Instances when Family Court may Issue
special Provisional Remedies
1. In cases of violence among
immediate
family members living in the same domicile
or household, the Family Court may issue a
restraining order against the accused or
defendant upon a verified application by the
complainant or the victim for relief from
abuse.
2. The court may order the temporary
custody of children in all civil actions for
their custody. The court may also order
support pendente lite, including deduction
from the salary and use of conjugal home
and other properties in all civil actions for
support.
Appeals
Decisions and orders of the courts shall be
appealed in the same manner and subject
to the same conditions as appeals from the
ordinary Regional Trial Courts.
Absence of Family Courts
The court that shall hear and decide cases
falling under the jurisdiction of Family
Courts in those places where the said
court has not been established is the
Regional Trial Court of the place where
the case is pending.
 Republic Act No.
9344
■ AN ACT ESTABLISHING A
COMPREHENSIVE JUVENILE
JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE
AND WELFARE COUNCIL UNDER
THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES
This Act shall be known as the
"Juvenile Justice and Welfare
Act of 2006." It shall cover
the different stages involving
children at risk and children in
conflict with the law from
prevention to rehabilitation and
reintegration.
Minimum Age of Criminal Responsibility. - A child
fifteen (15) years of age or under at the time of
the commission of the offense shall be exempt
from criminal liability. However, the child shall be
subjected to an intervention program pursuant
to Section 20 of this Act.
A child above fifteen (15) years but below eighteen
(18) years of age shall likewise be exempt from
criminal liability and be subjected to an
intervention program, unless he/she has acted
with discernment, in which case, such child shall
be subjected to the appropriate proceedings in
accordance with this Act.
The exemption from criminal liability herein
established does not include exemption from civil
liability, which shall be enforced in accordance
with existing laws.
Procedure for Taking the Child into Custody. - From
the moment a child is taken into custody, the law
enforcement officer shall:
(a)Explain to the child in simple language and in a
dialect that he/she can understand why he/she is
being placed under custody and the offense that
he/she allegedly committed;
(b)Inform the child of the reason for such custody
and advise the child of his/her constitutional
rights in a language or dialect understood by
him/her;
(e) Properly identify himself/herself and present
proper identification to the child;
(d) Refrain from using vulgar or profane words and
from sexually harassing or abusing, or making
sexual advances on the child in conflict with the
law;
(e)Avoid displaying or using any firearm, weapon,
handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other
methods of control have been exhausted and have
failed;
(f) Refrain from subjecting the child in conflict with
the
law to greater restraint than is necessary for his/her
apprehension;
(g) Avoid violence or unnecessary force;
(h)Determine the age of the child pursuant to Section 7
of this Act;
(i) Immediately but not later than eight (8) hours after
apprehension, turn over custody of the child to the
Social Welfare and Development Office or other
accredited NGOs, and notify the child's apprehension.
The social welfare and development officer shall
explain to the child and the child's parents/guardians
the consequences of the child's act with a view
towards counseling and rehabilitation, diversion from
the criminal justice system, and reparation, if
(j)Take the child immediately to the proper
medical and health officer for a thorough
physical and mental examination. The
examination results shall be kept confidential
unless otherwise ordered by the Family Court.
Whenever the medical treatment is required,
steps shall be immediately undertaken to
provide the same;
(k)Ensure that should detention of the child in
conflict with the law be necessary, the child
shall be secured in quarters separate from
that of the opposite sex and adult offenders;
(l)Record the following in the initial
investigation:
1.Whether handcuffs or other instruments of
restraint were used, and if so, the reason for
such;
2.That the parents or guardian of a child, the
DSWD, and the PA0 have been informed of
the apprehension and the details thereof; and
3.The exhaustion of measures to determine
the age of a child and the precise details of
the physical and medical examination or the
failure to submit a child to such examination;
and
(m) Ensure that all statements signed by
the child during investigation shall be
witnessed by the child's parents or
guardian, social worker, or legal counsel
in attendance who shall affix his/her
signature to the said statement.
A child in conflict with the law shall
only be searched by a law enforcement
officer of the same gender and shall not
be locked up in a detention cell.
The law enforcement officer shall, in his/her
investigation, determine where the case involving
the child in conflict with the law should be
referred.
The taking of the statement of the child shall be
conducted in the presence of the following: (1)
child's counsel of choice or in the absence
thereof, a lawyer from the Public Attorney's
Office; (2) the child's parents, guardian, or
nearest relative, as the case may be; and (3) the
local social welfare and development officer. In
the absence of the child's parents, guardian, or
nearest relative, and the local social welfare and
development officer, the investigation shall be
conducted in the presence of a representative of
an NGO, religious group, or member of the
BCPC.
Duty of the Prosecutor's Office. - There shall
be a specially trained prosecutor to
conduct inquest, preliminary
investigation and prosecution of cases
involving a child in conflict with the
law. If there is an allegation of torture
or ill-treatment of a child in conflict
with the law during arrest or
detention, it shall be the duty of the
prosecutor to investigate the same.
Where a child is detained, the court shall
order:
(a)the release of the minor on recognizance
to his/her parents and other suitable
person;
(b)the release of the child in conflict with
the law on bail; or
(c)the transfer of the minor to a youth
detention home/youth rehabilitation center.
The court shall not order the detention of
a child in a jail pending trial or hearing of
his/her case.
Automatic Suspension of Sentence. - Once
the child who is under eighteen (18) years
of age at the time of the commission of
the offense is found guilty of the offense
charged, the court shall determine and
ascertain any civil liability which may have
resulted from the offense committed.
However, instead of pronouncing the
judgment of conviction, the court shall
place the child in conflict with the law
under suspended sentence, without need of
application: Provided, however, That
suspension of sentence shall still be applied
even if the juvenile is already eighteen
years (18) of age or more at the time of
the pronouncement of his/her guilt.
Discharge of the Child in Conflict with the Law.
- Upon the recommendation of the social
worker who has custody of the child, the
court shall dismiss the case against the child
whose sentence has been suspended and
against whom disposition measures have been
issued, and shall order the final discharge
of the child if it finds that the objective of
the disposition measures have been fulfilled.
The discharge of the child in conflict with the
law shall not affect the civil liability resulting
from the commission of the offense, which
shall be enforced in accordance with law.
Return of the Child in Conflict with the Law to Court. -
If the court finds that the objective of the
disposition measures imposed upon the child in
conflict with the law have not been fulfilled, or if the
child in conflict with the law has willfully failed to
comply with the conditions of his/her disposition or
rehabilitation program, the child in conflict with the
law shall be brought before the court for execution
of judgment.
If said child in conflict with the law has reached
eighteen (18) years of age while under suspended
sentence, the court shall determine whether to
discharge the child in accordance with this Act, to
order execution of sentence, or to extend the
suspended sentence for a certain specified period or
until the child reaches the maximum age of
twenty-one (21) years.
Credit in Service of Sentence. - The child in
conflict with the law shall be credited in
the services of his/her sentence with the
full time spent in actual commitment and
detention under this Act.
Probation as an Alternative to Imprisonment. -
The court may, after it shall have convicted
and sentenced a child in conflict with the
law, and upon application at any time, place
the child on probation in lieu of service of
his/her sentence taking into account the
best interest of the child
Confidentiality of Records and Proceedings. -
All records and proceedings involving
children in conflict with the law from initial
contact until final disposition of the case
shall be considered privileged and
confidential. The public shall be excluded
during the proceedings and the records
shall not be disclosed directly or indirectly
to anyone by any of the parties or the
participants in the proceedings for any
purpose whatsoever, except to determine if
the child in conflict with the law may have
his/her sentence suspended or if he/she
may be granted probation under the
Probation Law, or to enforce the civil
liability imposed in the criminal action.
The competent authorities shall undertake all
measures to protect this confidentiality of
proceedings, including non-disclosure of
records to the media, maintaining a
separate police blotter for cases involving
children in conflict with the law and
adopting a system of coding to conceal
material information which will lead to the
child's identity.
Records of a child in conflict with the law
shall not be used in subsequent proceedings
for cases involving the same offender as an
adult, except when beneficial for the
offender and upon his/her written consent.
A person who has been in conflict with
the law as a child shall not be held
under any provision of law, to be
guilty of perjury or of concealment or
misrepresentation by reason of his/her
failure to acknowledge the case or
recite any fact related thereto in
response to any inquiry made to
him/her for any purpose.
Offenses Not Applicable to Children. -
Persons below eighteen (18) years of
age shall be exempt from prosecution
for the crime of vagrancy and
prostitution under Section 202 of the
Revised Penal Code, of mendicancy
under Presidential Decree No. 1563,
and sniffing of rugby under Presidential
Decree No. 1619, such prosecution
being inconsistent with the United
Nations Convention on the Rights of the
Child: Provided, That said persons
shall undergo appropriate counseling
and treatment program.
Prohibition Against Labeling and Shaming. -
In the conduct of the proceedings
beginning from the initial contact with
the child, the competent authorities must
refrain from branding or labeling
children as young criminals, juvenile
delinquents, prostitutes or attaching to
them in any manner any other
derogatory names. Likewise, no
discriminatory remarks and practices shall
be allowed particularly with respect to
the child's class or ethnic origin.
Other Prohibited Acts. - The following and any other
similar acts shall be considered prejudicial and
detrimental to the psychological, emotional, social,
spiritual, moral and physical health and well-being
of the child in conflict with the law and therefore,
prohibited:
(a)Employment of threats of whatever kind and
nature;
(b) Employment of abusive, coercive and
punitive
measures such as cursing, beating, stripping, and
solitary confinement;
(c) Employment of degrading, inhuman end cruel
forms of punishment such as shaving the heads,
pouring irritating, corrosive or harmful substances
over the body of the child in conflict with the law,
or forcing him/her to walk around the community
wearing signs which embarrass, humiliate, and
degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary
servitude in any and all forms under any and all
 Republic Act
9262
AN ACT DEFINING VIOLENCE
AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER
PURPOSES
Acts of Violence Against Women
and Their Children.- The crime
of violence against women and
their children is committed
through any of the following
acts:
(a)Causing physical harm to the
woman or her child;
(b)Threatening to cause the woman
or her child physical harm;
(c)Attempting to cause the woman or
her child physical harm;
(d)Placing the woman or her child in
fear of imminent physical harm;
(e) Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the right
to desist from or desist from conduct which
the woman or her child has the right to
engage in, or attempting to restrict or
restricting the woman's or her child's
freedom of movement or conduct by force
or threat of force, physical or other harm or
threat of physical or other harm, or
intimidation directed against the woman or
child.
(f)Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions or
decisions;
(g)Causing or attempting to cause the
woman or her child to engage in any
sexual activity which does not
constitute rape, by force or threat of
force, physical harm, or through
intimidation directed against the woman
or her child or her/his immediate
family;
(h)Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes
substantial emotional or psychological distress to the
woman or her child. This shall include, but not be
limited to, the following acts:
(1)Stalking or following the woman or her child in
public or private places;
(2)Peering in the window or lingering outside the
residence of the woman or her child;
(3)Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
will;
(4)Destroying the property and personal belongings
or inflicting harm to animals or pets of the woman or
her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional
anguish, public ridicule or humiliation
to the woman or her child, including,
but not limited to, repeated verbal
and emotional abuse, and denial of
financial support or custody of minor
children of access to the woman's
child/children.
Protection Orders.- A protection order is
an order issued under this act for the
purpose of preventing further acts of
violence against a woman or her child
specified in Section 5 of this Act and
granting other necessary relief. The
relief granted under a protection order
serve the purpose of safeguarding the
victim from further harm, minimizing
any disruption in the victim's daily life,
and facilitating the opportunity and
ability of the victim to independently
regain control over her life
Who may file Petition for Protection Orders. ? A
petition for protection order may be filed by any
of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives
within the fourth civil degree of consanguinity or
affinity;
(d)officers or social workers of the DSWD or social
workers of local government units (LGUs);
(e)police officers, preferably those in charge of
women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g)lawyer, counselor, therapist or healthcare
provider of the petitioner;
(h) At least two (2) concerned responsible
citizens of
the city or municipality where the violence against
women and their children occurred and who has
personal knowledge of the offense committed
Barangay Protection Orders (BPOs)
refer to the protection order issued
by the Punong Barangay ordering
the perpetrator to desist from
committing acts of violence against
women and children. BPOs shall
be effective for fifteen (15) days
■ Temporary Protection Orders (TPOs)
refers to the protection order issued
by the court on the date of filing of
the application after ex parte
determination that such order should
be issued. A court may grant in a TPO
any, some or all of the reliefs
mentioned in this Act and shall be
effective for thirty (30) days.
Permanent Protection Order (PPO)
refers to protection order issued by
the court after notice and hearing. A
PPO shall be effective until revoked
by a court upon application of the
person in whose favor the order was
issued.
The court shall ensure immediate
personal service of the PPO on
respondent.
Victim-survivors who are found by the courts to
be suffering from battered woman syndrome
do not incur any criminal and civil liability
notwithstanding the absence of any of the
elements for justifying circumstances of
self-defense under the Revised Penal Code.
In the determination of the state of mind of
the woman who was suffering from battered
woman syndrome at the time of the
commission of the crime, the courts shall be
assisted by expert psychiatrists/
psychologists
Prohibited Defense
Being under the influence of
alcohol, any illicit drug, or any
other mind-altering substance
shall not be a defense under
this Act.
Custody of children. The woman victim of
violence shall be entitled to the custody
and support of her child/children. Children
below seven (7) years old older but with
mental or physical disabilities shall
automatically be given to the mother, with
right to support, unless the court finds
compelling reasons to order otherwise.
A victim who is suffering from battered
woman syndrome shall not be disqualified
from having custody of her children. In no
case shall custody of minor children be
given to the perpetrator of a woman who is
suffering from Battered woman syndrome.
Persons Intervening Exempt from Liability.
In every case of violence against women
and their children as herein defined, any
person, private individual or police
authority or barangay official who, acting
in accordance with law, responds or
intervenes without using violence or
restraint greater than necessary to ensure
the safety of the victim, shall not be liable
for any criminal, civil or administrative
liability resulting therefrom.
Confidentiality.
All records pertaining to cases of violence
against women and their children including
those in the barangay shall be confidential
and all public officers and employees and
public or private clinics to hospitals shall
respect the right to privacy of the victim.
Whoever publishes or causes to be published,
in any format, the name, address, telephone
number, school, business address, employer,
or other identifying information of a victim or
an immediate family member, without the
latter's consent, shall be liable to the
contempt power of the court.
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