JUVENILE DELINQUENCY

AND
JUVENILE JUSTICE
SYSTEM
 JUVENILE DELINQUENCY

-is an anti-social behavior or act which differs

from the normal model of set of laws and
parameters, culture & custom which society in
broad does not conform.
-participation by a minor (between the ages of 10
& 17) in illegal behavior or activities.
-criminal acts performed by juveniles
 Juvenile Delinquent

-minor who repeatedly commits crime

-children who exhibit a persistent behavior of
mischievousness or disobedience
-a minor who cannot be controlled by parental
authority and commits anti-social or criminal acts, as
vandalism or violence
-any young person whose conduct is characterized by
antisocial behaviour that is beyond parental control
and subject to legal action.
 Deviant Behavior

- a behavior that does not conform to the norms

or do not meet with the expectations of a group
or of a society as a whole.
 Risk Factors for Juvenile Delinquency:

1. Authoritarian Parenting- characterized by the

use of harsh disciplinary methods, and refusal to
justify disciplinary actions, other than by saying
“because I said so”.
2. Peer Association-leaving adolescents
unsupervised, encouraging a child to engage in bad
behaviors when acting with his peer group.
3. Low Socio-economic Status
4. Permissive Parenting- lack of consequences for
bad behavior (neglectful & indulgent parenting).
5. Poor School Performance
6. Peer Rejection
7. Attention Deficit Hyperactivity Disorder
(ADHD) and other Mental Disorders
History

Code of Hammurabi
- the first comprehensive description of a
system used by society to regulate behavior and at
the same time, punish those who disobeyed the
rules.
- “the strong shall not injure the weak”was it’s
main principle
- origin of the legal principle lex taliones which
means an eye for an eye”
Stubborn Child Law

- was passed by the General Court of

Massachusetts in 1641 which stated that children
who disobeyed their parents could be put to
death.
- based on Puritans’ belief that
unacknowledged social evils would bring the wrath
of God down upon the entire colony.
Child Savers - a social activist group who believed
that “children were born good and became bad”
because of bad environments.

Parens Patriae - Latin term for “parent of the

country”, it is a doctrine that allows the state to step
in and serve as a guardian for children, the mentally
ill, the incompetent, the elderly, or the disabled
persons who are unable to care for themselves.
 Four D’s of Juvenile Justice during the last half
of the 20th Century

1. Deinstitutionalization - movement that advocates

the transfer of mentally disabled people from public
or private institutions, such as psychiatric hospitals,
back to their families or into community-based
homes.
2. Diversion - an activity that diverts the mind from
tedious or serious concerns; a recreation or pastime.
3. Due Process - is a requirement that legal
matters be resolved according to established rules
and principles, and that individuals be treated
fairly.
4. Decriminalization - is the act of removing
criminal sanctions against an act, article, or
behavior.
Three Factors as Earlier Youth Services
Program:

1. The police-based nature of the program.

2. The use of counselling in a law enforcement
setting.
3. The skills approach to training and treatment.
Significant Cases Concerning Juvenile Delinquency:

1. In re: Winship
 It established proof beyond a reasonable doubt as
the standard for juvenile adjudication proceedings,
eliminating lesser standards such as a preponderance
of the evidence, clear and convincing proof and
reasonable proof. They established that a jury trial
is not a required part of due process in the
adjudication of the youth as delinquent by a juvenile
court.
2. McKeiver v. Pennsylvania
 It is the only one of the first five cases in which the
US Supreme Court did not rule that juveniles must
receive all the same due process rights as adults in
criminal court.
3. Breed v. Jones
 It recognized that a juvenile cannot be adjudicated
in a juvenile court and then tried for the same
offense in an adult criminal court (double jeopardy).
4. Kent v. United States
 It provided the procedural requirements for waiver to
criminal court as articulated by the U.S. Supreme
Court.
5. Schall v. Martin (1984)
 The Supreme Court upheld the state's right to place
juveniles in preventive detention. Preventive detention
was perceived as fulfilling a legitimate state interest
of protecting society and juveniles by detaining those
who might be dangerous to society or to themselves.
6. In re Gault (1967)
 The Court held that juvenile courts must provide the
basic procedural protection that the Bill of Rights
guarantee to adults, including timely advance notice of
the charges, the right to either retained or appointed
counsel, confrontation and cross-examination of adverse
witnesses, self-incrimination, and the right to remain
silent. The opinion also rejected the basic premise of
juvenile court actions: that the proceedings are civil in
nature and those minors' rights are adequately
protected by the judges acting as substitute parents.
 1977, American Bar Association
 It endorsed decriminalization of status offenses,
urging that juvenile delinquency liability should include
only such conduct as would be designated a crime if
committed by an adult. In the 1980s many training
schools and high-security institutions were built in
rural areas or close to small rural towns so the inmates
could be trained in agriculture. The hope was that such
training would produce productive citizens.
 THEORIES OF CRIME & DELINQUENCY

 Supernatural Theory - blame delinquency on demonic

possession.

 Classical School Theory - people are rational &

intelligent beings who exercise free will and have an
ability to make choices.
 Neoclassical School Theory - people were held equally
responsible for their behavior, those who commit
similar crimes received identical punishments.
Neoclassical reformers believed that some crimes
were caused by factors beyond the offender’s control.
Mitigating circumstances such as age or mental
condition affect a person’s ability to form a criminal
intent or mens rea (guilty mind).
 Modern Classical School Theory
• Rational Choice Theory - ofenders collect, process,
& evaluate information about the crime and make the
decision whether to commit it after they weighed
the cost & benefits in doing so.
• Routine Activity Theory - focused on the crime
target or anything an offender wants to take control
of. Crime increases when there are vulnerable
targets.
Scientific Study of Crime - believed that crime
was caused by factors that are in place before
the crime occurs.
Biological Theories - locate the causes of crime
inside the person (physical appearance).
 Physical Appearance and Crime
1. Criminal Anthropometry - identify criminals by their
physical features, such as asymmetrical face, enormous
jaw, large ears, & receding chin.
2. Physiognomy - the art of judging character from
facial features.
3. Phrenology - character, personality traits & criminality
are determined on the basis of the shape of the head. It
comes from Greek words “phrēn”(mind) and “logos”
(knowledge).
 Body Type and Crime

William Sheldon(1954) suggested that there was a

relationship between body built & temperament which
was known as Somatotype Theory. He believed that
the human body consisted of three components.
1. Endomorphy - soft temperament & has the tendency
towards plumpness, corresponds to Viscerotonia
temperament tolerant , love of comfort & luxury,
extravert.
2. Mesomorphy - square musculinity & skeletal
massiveness & has the tendency towards muscularity &
corresponds to the Somatotonia temperament
courageous, energetic, active, dynamic, assertive,
aggressive, risk taker.
3. Ectomorphy - linearity & frailty & has tendency
towards sightness, corresponds to Cerebrotonia
temperament artistic, sensitive, apprehensive, &
introvert.
 Heredity and Crime
In the late 19th Century, people believed that criminality
was inherited. Crime was blamed on a substance called
“germ-plasm” that caused people to have a “bad blood”.
1. IQ and Delinquency - studies to examine the
relationship between heredity & crime centered on
intelligence, which is the ability to learn, exercise
judgement, and be imaginative.
Alfred Binet & Theophile Simon - developed the first
standardized IQ test in 1905.
2. Historical Studies - states that low-IQ people are
more prone to criminal behavior.
Psychoanalytic Theory - consists of id, ego, and
superego according to Sigmund Freud.
* Id - is present at birth, represents basic biological &
psychological drives. It is also antisocial and knows no
rules, boundaries or limitations and if left unchecked, it
will destroy the person.
* Ego - represents the problem-solving dimension of the
personality, deals with reality, differentiating it from
fantasy.
* Superego - the moral code, norms & values the child
has acquired, it is responsible for the feelings of guilt,
shame, and conscience.
 Behavioral Theory & Delinquency
- Burrhus Frederick Skinner (B.F. Skinner, the most
widely acclaimed behaviorist) believed that environment
shapes behavior and that children learn which aspects of
their environment are pleasing & painful, their behavior
is the result of consequences it produces.
 Cultural Deviance Theory
- stated that children do not really commit deviant acts,
their behavior maybe considered as deviant but it is
compatible with the behavior in the neighborhood.
 Neighborhoods & Delinquency - blamed delinquency
on the neighborhood where a child lives.
*Differential Association/ Social Learning Theory -
states that crime is a learned behavior.
Strain Theories - assume that children are basically
good, only under pressure (strain) do they deviate.
Robert Merton Strain Theory - blames delinquency on
conformity to conventional cultural values.
 Albert Cohen Strain Theory - blames delinquency
on the frustration that the children experience
because of their low status and their inability to live up
to middle-class standards.
Richard Cloward & Lloyd Ohlin Strain Theory -
blamed on the pressures to succeed and on the
obstacles the lower-class children face.
Robert Agnew Strain Theory - blamed delinquency on
the failure to achieve positively valued goals, denial of
previously attained achievements, and exposure to
negative stimuli.
 Social Control Theories - assume that children are
amoral, without controls on their behavior, they are
inclined to break the law.
David Matza Social Control Theory - believes that
delinquents are normal in all aspects exept in belonging
to a subculture that teaches them it is all right to be
delinquent.
Travis Hirschi Social Control Theory/ Social Bonding
Theory - the bond that connects children to society.
This bond consists of four elements which are
attachment, commitment, involvement, and belief.
 Labeling Theory - assumes that social control leads
to deviance. It believes that behavior are product of
social interaction.
The Labeling Theorists :
1. Frank Tannenbaum - rejected the “dualistic fallacy”,
an idea that delinquents & nondelinquents are two
different types of people. He sees delinquents as well-
adjusted people.
2. Edwin Lemert - said that not all youth labeled
delinquent accept these roles, how receptive they are
to such label depends on their social class.
3. Howard Becker - believed that acquiring a label
depends on how other people react to the behavior
itself.
4. Edwin Schur - believes that it is better to leave
kids alone whenever possible.
5. John Braithwaite - explores the nature & impact
of shaming, which is one form of labeling.
 Female Delinquency Theories
1. Biological & Psychological Theories - female law
violators are uniquely different from male criminals.
a. Lombroso & Ferrero’s Atavistic Girl - believed that
most female delinquents were only occasional criminals.
b. Freud’s Inferior Girl - believed that when girls
realize they have no penis, they sense that they are
punished because boys have something important that
they have denied, they develop penis envy which results
to inferiority complex.
c. Thomas’ Unadjusted Girl - believed that women by
nature have stronger desires for response & love than
men.
d. Pollak’s Deceitful Girl - women are actually as
criminal as men, but their criminality is hidden or masked.

2. Marxist-Feminist Theories - combine the notions of

patriarchal male dominance in the home & interpersonal
relationships with male control of the means of
production.
3. Differential Oppression Theory (DOT)

- provides a framework for understanding why girls

become delinquent as well as why they are less
inclined to delinquency than males. It also argues
that adults oppress children as they attempt to
impose & maintain adult conceptions of social order.
 Marriage
- is a special contract of permanent union
between man & a woman entered into in accordance with
law for the establishment of conjugal and family life.
- is a social union or legal contract between
individuals that creates kinship.
- also called Matrimony or Wedlock, a socially or
ritually recognized union between spouses that
establishes rights & obligations between those spouses
& any resulting biological or adopted children & affinity
(in-laws & other family through marriage).
 Etymology of Marriage
The word Marriage was derived from Middle
English mariage, which is also derived from Old French
marier (to marry), and ultimately Latin maritari (to get
married). The adjective marit-us-a, -um (matrimonial
or nuptial could also be used in the masculine form as a
noun for husband & in the feminine form for wife).
Matrimony derives from Old French word
matremoine, ultimately derives from Latin
matrimonium, which combines two concepts: mater
meaning mother, and monium means action, state, or
condition.
Reasons or What Motivates Someone to Marry
love
economic
parents’ wishes
escape from loneliness
adventure
protection
sexual attraction, etc.
Forms of Marriage:
1. Monogamy - marriage of one male and one female, in
which an individual has only one spouse during their
lifetime or at any one time (Serial Monogamy).
2. Polygamy - marriage between one person of one sex & a
minimum of two persons of the other sex.
Polyandry - marriage of one woman to two or more men.
Polygyny - marriage of one man to two or more women.
 Plural Marriage - refers to Group Marriage
(Multi-lateral Marriage), is a form of polyamory
in which more than two persons form a family
unit, with all the members of the group marriage
being considered to be married to all the other
members, and all members share parental
responsibility for any children arising from the
marriage.
 Kinds of Marriage
1. Adoptive Marriage - practiced in Japan. If the family
does not have a son to preserve their surname, the
prospective son-in-law adopts the family name of the
bride’s parents before marriage. The bride’s family
name is not changed.
2. Sororate Marriage - also called as Sister-in-law
Marriage because a man remarries his deceased wife’s
sister.
3. Levirate Marriage - it is a marriage where woman
marries the deceased husband’s brother.
4. Ghost Marriage - the children of the woman who
married the deceased husband’s brother are considered
“sired”by the dead husband, meaning, the second
husband is only a “surrogate” or who substituted for his
brother.
5. Endogamy Marriage - refers to the norms which
dictate that an individual should marry from a member of
one’s clan or ethnic group. However, parents may contrive
to have their children marry within the religious group or
social class.
6. Exogamy - prescribes that one marries outside
of one’s clan or ethnic group.
 Residences After Marriage
1. Neolocal Residence - the newly married couple lives in
their own residence.
2. Patrilocal Residence - also called as Virolocal
Residence, the newly married couple moves in with the
husband’s parents.
3. Matrilocal Residence - also called as Uxorilocal
Residence, the newly married couple moves in with the
wife’s parents.
4. Bilocal Residence - the newly married couple shifts
from matrilocal to patrilocal. The reason for this shift
may be due to financial reason, parents’ wishes, or some
other reasons. By doing so, the couple can save money.
Marriage License - it is a document issued, either by
church or state authority, authorizing a couple to marry.

Common-law Marriage - considered valid by both

partners, but has not been formally recorded with a
state or religious registry, or celebrated in a formal
religious service.

Same-sex Marriage - a legally or socially recognized

marriage between two persons of the same biological sex
or social gender. It is also called as Gay Marriage or
Gender-neutral Marriage.
Financial Considerations of Marriage
1. Dowry - a part of a wider marriage settlement.
2. Bride Price and Dower - the groom & his family is
expected to pay a price to the bride and her family
for the right to marry the daughter
3. Modern Customs - the properties of the husband &
wife are combined, but in case of separation, each
owns half of that property.
4. Taxation - in some countries, spouses are allowed
to average their incomes; this is advantageous to a
married couple with disparate incomes.
 Termination of Marriage
1. Death
2. Divorce
3. Annulment

Note: After divorce, one spouse may have to pay

alimony.
Alimony - also known as Maintenance or Spousal
Support. It is an obligation established by divorce law
in many countries that both spouses have an absolute
obligation to support each other during marriage, and
continues even after a separation or divorce.
 MARRIAGE UNDER PHILIPPINE LAW
Executive Order No. 209 (the Family Code of the
Philippines) as amended by E.O. No. 227 prescribes legal
provisions concerning marriage.

Two Essential Requisites of Valid Marriage

1. The legal capacity of the contracting parties who

must be a male and a female.
2. Consent freely given in the presence of the
solemnizing officer.
 Three Formal Requisites of Marriage

1. Authority of the solemnizing officer.

2. A valid marriage license, except in ff. cases:
• Marriages in articulo mortis or at the point of death.
• Marriages in remote places.
• Marriages between Muslims or members of ethnic cultural
communities.
• Legal ratification of marital cohabitation.
3. A marriage ceremony that takes place with:
• Appearance of the contracting parties before the solemnizing
officer.
• Their personal declaration that they take each other as husband &
wife.
• In the presence of not less than two witnesses of legal age.
Parental Consent - is required when either or both of
the contracting parties are between the ages of 18 and
21.
Parental Advice - is required if either or both of the
contracting parties are between the ages of 21 and 25.
Marriage - shall be solemnized publicly in the office of
the judge in open court, or of the mayor; or in the
church, chapel or temple.
Marriage License - shall be issued by the Local Civil
Registrar of the City or Municipality.
 Psychological Incapacity - refers to a personal condition
that prevents a spouse to comply with fundamental marital
obligations only in relation to a specific partner that may exist
at the time of the marriage but may have revealed through
behavior subsequent to the ceremonies.
Annulment - a legal procedure for declaring a marriage null &
void.
Legal Separation - also known as Judicial Separation, it is a
legal process by which a married couple may formalize a
separation while remaining legally married.
 Divorce - Dissolution of Marriage, it is the final
termination of a marriage, cancelling the legal duties &
responsibilities of marriage.
 Types of Divorce
1. No-fault Divorce - does not require an allegation or proof
of fault of either party.
2. At-fault Divorce - requires proof by one party that the other
party had committed an act incompatible to the marriage.
3. Summary Divorce - a more simplified and usually a faster
method of legally ending a marriage (less paperworks).
4. Uncontested Divorce - means that both spouses agree on all
of their divorce-related issues.
5. Collaborative Divorce - both parties, with their respective
lawyers, meet together to reach agreements including child
custody, visitation, and financial arrangements.
6. Mediated Divorce - you and your spouse work out
your own divorce settlement with the help of an independent,
neutral third party, called a mediator.
 Grounds for Divorce

1. adultery
2. desertion
3. voluntary separation
4. criminal conviction
5. insanity
 The Family as an Institution
Family - a basic social group that is united by blood
(consanguinity) or marriage (affinity).
Functions:
1. Reproduction.The family is a prerequisite for the survival of
a society to replace one generation to the next.
2. Security. The family serves as a protector for all its
members, specially the young & helpless against danger.
3. Socialization. It is responsible for the early development of
an individual’s personality.
4. Assignment of Status - Initial ascribed status is fixed which
includes ethnic, racial, religious and class status.
5. Emotional Support. “Home sweet home, for there,
the heart can rest”.
 Family Structures
1. Nuclear Family - refers to a family which consist
of a husband and wife, plus their children.
2. Extended Family - consist of several generations
of blood relatives. Consist of two nuclear family.
• Family of Orientation - refers to the family into
which a person is born.
• Family of Procreation - one that is formed through
marriage.
3. Joint Family - refers to married children with
their spouses & children living in one residence.
4. Household - consist of many individuals, may or may
not be related to one another. All of them are
considered members of the household having the same
residence & share domestic functions. Household is a
census term.
5. Truncated Family - refers to grandparent-grandchild
relationship. Grandparents assume the parental
responsibility and they act as surrogate parents.
6. Stem Family - family formed by two families. It is
similar to extended family, but they do not share
common residence, instead, their house are located in
the same area. This form of family is typically
agricultural.
 Models of Family
1. The Corporate Model - the father is the chief executive
officer, the mother is the operating officer which
implements the father’s policy & manages the staff
(children).
2. The Team Model - the father is the head & the mother is
the chief of the training table & cheerleader.
3. The Military Model - the father is the general, the mother
is the guard on duty with a special assignment to nurse the
corps when needed.
4. The Boarding School Model - the father as the rector or
headmaster, the mother is the dorm counselor who oversees
emotion, illness, and good works.
5. The Theatrical Model - the father is the producer, the
mother is the stage manager. No writer is necessary because
 Agents of Socialization
1. Family - the most important agent in socialization, plays an
important role & has a special responsibility. It is the most
influential group in the life of a child.
2. School - formal agent of socialization, it is responsible for
implanting various fields of knowledge to prepare the
children for adulthood.
3. Peers - an informal grouping of about the same age levels,
neighborhood, school or friends. It is a potential agent in
socialization.
4. Mass Media - are socializing agent to inform, entertain,
and educate.
5. Religion - assist in giving the society a sense of direction.
 Kinds of Children Under the Family Code
1. Legitimate Children - conceived or born during the
marriage of the parents.
2. Illegitimate Children - conceived or born outside of
marriage.
3. Legitimated Children - born outside of wedlock of
parents who, at the time of the conception of the
former, were not disqualified by any impediment to
marry each other may be legitimated.
4. Adopted Children - juridical act which creates between
2 persons a relationship similar to that which results
from legitimate paternity & filiation.
 Parental Authority - the ensemble of rights & powers that
the law accords to the father & mother with respect to the
person & the goods of their unemancipated minor children.
Patria Potestas - Latin term for Power of a Father. It is the
power that the male head of a family exercised over his children.
Emancipation - the release of a person from parental authority
whereby he becomes capacitated for civil life.
Suspension of Parental Authority:
1. Treats the child with excessive harshness o cruelty.
2. Gives the child corrupting orders, counsel or example.
3. Compels the child to beg.
4. Subjects the child or allows him to be subjected to acts of
lasciviousness.
 Children and Youth Welfare Services
1. A Child-caring Institution - a 24-hour resident group care
service for the physical, mental, social and spiritual well-being
of nine or more mentally gifted, dependent, abandoned,
neglected, abused, handicapped or disturbed children. Its
primary purpose is education.
2. A Detention Home - 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 jurisdiction.
3. A Shelter-care Institution - provides temporary protection
& care to children requiring emergency reception as a result
of fortuitous events, abandonment by parents & dangerous
conditions of neglect or cruelty in the home.
4. Receiving Home - a family-type home which provides temporary
shelter from 10-20days for children who are under observation & study
for eventual placement by the DSWD.
5. A Nursery - a child-caring institution that provides care for six or
more children below six years of age for all or part of a 24-hour day.
6. A Maternity Home - an institution of residence whose primary
function is to give shelter & care to pregnant women & their infants
before, during and after delivery.
7. A Rehabilitation Center - receives & rehabilitates youthful
offenders or other disturbed children.
8. A Reception and Study Center - receives for the study, diagnosis, &
temporary treatment of children who have behavioral problems.
9. A Child-placing Agency - assumes care, custody, protection &
maintenance of children for placement in any child-caring institution.
 Special Categories of Children
1. A Dependent Child - a child without a parent, guardian or
custodian.
2. An Abandoned Child - a child who has no proper parental
care or guardianship, or have been deserted for a period
of at least 6 months.
3. A Neglected Child - the basic needs of a child have been
deliberately/ inadequately unattended.
Physical Neglect - the child is malnourished, ill clad &
without proper shelter.
Emotional Neglect - the child is maltreated, raped or
seduced, exploited, overworked, made to beg in public places,
exposed to gambling, prostitution & other vices.
 Mentally Retarded Children - those socially
incompetent & unable to manage their own affairs;
mentally subnormal.
Classifications:
a. Custodial Group - severely retarded, it is the least
capable group, include those with IQ that range from
0 - to 25.
b. Trainable Group - IQ ranges from 25 to 50, shows a
mental level & rate of development which is 1/4 or 1/2
of an average child,they usually acquire basic skills.
c. Educable Group - IQ ranges from 50 to 75, &
the intellectual development is 1/2 to 3/4 of a normal
child.
d. Borderline or Low Normal Group - the highest group
of mentally retarded, with IQs from 75 to 89. They are
only slightly retarded & can get by in regular classes.
Physically Handicapped Children - crippled, deaf-mute,
blind, or otherwise defective which restricts their means
of action on communication with others.
Emotionally Disturbed Children - unable to maintain
normal social relations with others & the community in
general due to emotional problems.
Mentally Ill Children - with any behavioral disorder,
whether functional or organic, which requires
professional help or hospitalization.
Commitment - a legal act of entrusting a child to the
care of the DSWD or any child-placement agency or
individual.
Involuntary Commitment - the termination of
parental or guardianship rights by reason of
abandonment, substantial & continuous or repeated
neglect & parental incompetence to discharge parental
responsibilities.
Voluntary Commitment - freely done or without force
relinquishment of parental or guardianship rights.
 CHILD ABUSE

1. Physical Abuse - the most visible form of abuse

& may be defined as any act which results in a
non-accidental trauma or physical injury.
2. Sexual Abuse - the involvement of children in
sexual activities that they do not fully
comprehend. It is any misuse of a child for
sexual pleasure or gratification.
Non-touching sexual abuse offenses
Touching sexual offenses
Sexual exploitation offenses
3. Emotional Abuse - a pattern of behavior that can
seriously interfere with a child’s positive
development.
Rejecting
Ignoring
Terrorizing
Isolating
Corrupting
4. Child Neglect - the most common form of child
maltreatment. It refers to the failure to provide needed
age-appropriate care.
Physical Neglect - the refusal or delay in seeking
necessary health care, child abandonment, inadequate
supervision , & rejection of a child.
Educational Neglect - not allowing a child to be enrolled at
school or receive needed special education training.
Emotional Neglect - includes spousal abuse in the child’s
presence, allowing a child to use drugs & alcohol, constant
belittling & withholding of affection.
Medical Neglect - the failure to provide appropriate
healthcare.
 Shaken Baby Syndrome (SBS) - a serious form of
abuse inflicted upon a child. It usually occurs when a
parent or other caregiver shakes a baby out of anger or
frustration, often because the baby will not stop crying.
Fetal Alcohol Spectrum Disorders (FASDs) - group of
conditions that can occur in a person whose mother drank
alcohol during pregnancy. These effects can include
physical problems and problems with behavior and learning.
Fetal Alcohol Syndrome (FAS) - a condition in a child
that results from alcohol exposure during the mother's
pregnancy. It causes brain damage and growth problems.
 Laws for Philippine Children’s Protection
1. The 1987 Philippine Constitution
Article 13, section 11 - requires the state to adopt an integrated &
comprehensive approach to “health development”available to all
people at affordable cost, giving special priority to children.
Article 14, section 2 - provides for free & compulsory elementary &
high school education.
Article 14, section 3 - provides for teaching of religion to children
in schools, so long as the parent/ guardian of the child has given
his/her written consent.
Article 15, section 3 - requires the State to defend the right of
children to assistance, including proper care & nutrition, and
provides for special protection from all forms of neglect, abuse,
cruelty, exploitation & other conditions prejudicial to their
development.
2. The Philippine Legislations
 Civil Code
 Family Code
 Labor Code
 Child and Youth Welfare Code (PD 603) as amended by Child
Protection Act (RA 7610) and Juvenile Justice and Welfare Act
(RA 9344)
 Act Providing for the Elimination of the Worst Forms of Child
Labor and Affording Stronger Protection for the Working Child,
Amending for this Purpose Republic Act No. 7610 (RA 9231)
 Anti-Violence Against Women and Their Children Act (RA 9262)
Act Strengthening the Juvenile Justice System in the Philippines
(RA 10630) amending Juvenile Justice System and Welfare Act
(RA9344)
Child Prostitution - designates the use of children for
sexual activities in exchange for remuneration or
another form of retribution (gifts, food, clothes, etc).
This activity is included under the umbrella term of
sexual exploitation.
 Parenting in Family
Parenting Skills - refers to the quality of parenting
that changes a child’s misbehavior or delinquency.
Parental Supervision - establishing house rules and
communicating with the children.
Parenting Style - psychological construct representing
standard strategies that parents use in their child
rearing.
Parental Responsiveness - the degree to which parents
are supportive to the needs of their children.
Parental Demandingness - the extent to which the
parents demand age-appropriate behavior from children.
 Types of Parents
1. Authoritative Parents - they are demanding &
responsive, it is characterized by a child-centered
approach that holds high expectations of maturity.
2. Authoritarian Parents - demanding but not
responsive, it is a restrictive punishment-heavy
parenting style.
3. Indulgent Parents - responsive but not demanding,
also called as permissive, non-directive,lenient or
libertarian style.
4. Indifferent Parents - often called as neglectful &
dismissive because they are both unresponsive and
undemanding.
 Juvenile Delinquency Prevention
1. Education - assist children & families by providing them
with information.
2. Recreation - allow youths to connect with other adults &
children in the community.
3. Community Involvement - provide youth with an
opportunity to interact in a safe social environment.
4. Prenatal and Infancy Home Visitation by Nurse -
nurses focus on the health of the mother & child.
5. Parent-Child Interaction Training Program - designed
to teach parenting skills to parents in order to reduce
hyperactivity, attention deficit, aggression, & anxious
behavior in children.
6. Prevention Programs within the Juvenile Justice
System - youths have the opportunity to receive
intervention assistance from the State.
7. Active Religious Participation - religious activities are
the strongest tools concerning delinquency prevention, it
could greatly influence the youth to stay within the path
of righteousness.
8. Kill Substance Abuse - substance abuse is an influential
factor that drown the minds of a productive youth, so we
have to eliminate it.
9. Family Counseling or Family Therapy - designed to
address specific issues affecting the health &
functioning of a family.
10. Youth Mentoring - ensures that a youth has at
least one supportive person in his life that can
encourage growth & development.
11.Parenting Education - any deliberate effort to help
parents be more effective in caring for their
children.
12.Youth Sheltering - providing homeless youths &
families with shelter, food, and support with
accessing community resources in order to break
the cycle of homelessness.
 Republic Act No. 9344

This Act Established a Comprehensive Juvenile

Justice and Welfare System, Creating the Juvenile
Justice Welfare Council under the Department of
Justice, Appropriating Funds Therefor and for Other
Purposes.
This is known as the Juvenile Justice and Welfare
Act of 2006. It covers the different stages involving
children at risk and children in conflict with the law
from prevention to rehabilitation and reintegration
which is amended by Republic Act 10630.
 Definition of Terms:
Bail - the security given for the release of the person
in custody of the law, furnished by a bondsman or a
bonding company, to guarantee the appearance of the
person before any court.
Best Interest of the Child - the totality of
circumstances & conditions that are most beneficial for
the survival, protection & feelings of the security of the
child.
Child - a person under the age of 18.
Children-at-Risk - children who are vulnerable of
behaving in a way that can harm themselves or others.
 Child in Conflict with the Law - a child who is
alleged as, accused of, or adjudged as, having committed
an offense under Philippine laws.
Court - a Family Court, or in places where there are no
family courts, any Regional Trial Court.
Discernment - the capacity to understand the difference
between right & wrong, and its consequences.
Diversion - an alternative, child-appropriate process of
determining the responsibility & treatment of a CICL.
Diversion Program - the program that the CICL is
required to undergo after being found responsible for an
offense, without resorting to formal court proceedings.
 Deprivation of Liberty - any form of detention or
placement of a CICL in a public or private custodial
setting.
Duty Bearer - responsible for providing care, addressing
the needs & protecting the rights of a child.
Initial Contact with the Child - the apprehension or
taking into custody of a CICL by law enforcement
officers or private citizens.
Intervention - programs intended to promote the
physical & social well-being of the children and prevent
juvenile delinquency.
Juvenile Justice and Welfare System - deals with CAR
& CICL, which provides child-appropriate proceedings,.
 Offense - any act or omission punishable under penal
laws or the Revised Penal Code.
Light Offense - acts of misdemeanors against public
order or safety.
Mug Shot - refers to a photograph of the CICL taken
after he is apprehended.
Recognizance - an undertaking, assumed by a parent or
custodian who shall be responsible for ensuring the
appearance in court of the CICL.
Referral - the endorsement of the victim for
appropriate assistance & intervention.
 Victimless Crimes - offenses where there are
no private offended party.
Abbreviations:
BCPC - Barangay Council for the Protection of Children
BJMP - Bureau of Jail Management and Penology
CAR - Child-at-Risk
CICL - Child In Conflict with the Law
CPC - Child Protection Committee
DANA - Dependent, Abandoned, Neglected and Abused
DARNA - Dependent, Abandoned, Repeat Offender,
Neglected and Abused
DSWD - Department of Social Welfare and Development
IOC - Investigator-on-Case
JJWA - Juvenile Justice and Welfare Act
JJWC - Juvenile Justice and Welfare Council
LSWDO - Local Social Welfare and Development
Officer
PAYO - Philippine Action for Youth Offenders
IRS - Incident Reporting System
WCPD - Women and Children Protection Desk
RA 7610 (Special Protection of Children Against Child
Abuse, Exploitation and Descrimination Act)
“An Act Providing for Stronger Deterrence Against Child
Abuse, Exploitation and Discrimination”

Definition of Terms:
Physical Injury - damage to the body, whether internal
or external.
Psychological Injury - impairment to a child’s
psychological or intellectual functioning.
Cruelty - anything done or said that degrades
the inborn dignity & worth of a child as a human being.
 Lascivious Conduct - lewd or sexually motivated, a
means by which persons may obtain sexual gratification
without engaging in sexual intercourse.
Exploitation - coercing a child to perform indecent
shows, pose or model in obscene, publications or
pornographic materials to sell or distribute.
Coercion - putting a child under duress to consent to
engage in the activity.
Molestation - forcing the activity on the child without
consent.
Child Trafficking - any person who shall
engage in trading & dealing with children.
 Who May File a Complaint Under RA 7610?
• Offended party;
• Parents/ guardians;
• Ascendant or collateral relative within the 3rd degree
of consanguinity;
• Officer, social worker or representative of a licensed
child caring institution;
• Officer or social worker of the DSWD;
• Barangay Chairman;
• At least three concerned responsible citizens where
the violation occured.
 Republic Act No. 7658
“An Act Prohibiting the Employment of Children
Below 15 Years of Age in Public and Private Undertakings,
Amending for This Purpose Section 12, Article VIII of R.A.
7610”

Sec. 12. Employment of Children - children below 15

years of age shall not be employed except :
When a child works directly under the sole responsibility of
his parents or legal guardian & where only members of the
employer’s family are employed.
Where a child’s employment in public entertainment is
essential & the employer shall ensure protection of the
child.
 Republic Act No. 9231
An Act Providing for the Elimination of the Worst Forms of
Child Labor and Affording Stronger Protection for the
Working Child, Amending for this Purpose Republic Act No.
7610, as amended, Otherwise Known as “Special Protection of
Children Against Child Abuse, Exploitation and
Descrimination Act”.

Sec.12-A. Hours of Work of a Working Child

A child below 15 years of age may be allowed to work for not
more than 20 hours a week, or not more than 4 hours per
day.
A child 15 years of age but not more than 18 shall not be
allowed to work for more than 8 hours a day or beyond 40
Sec.12-B. Ownership, Usage and Administration the
Working Child’s Income. The income of the working
child shall belong to him/her & shall be set primarily for
his support, education or skills acquisition & secondarily
to the collective needs of the family (20%).
Sec.12-D. Prohibition Against Worst Forms of Child
Labor.
Slavery
Prostitution
Illegal Activities
Hazardous Work
 Republic Act No. 9344
Composition of Juvenile Justice and Welfare Council:
JJWC is created & attached to the DSWD & placed under its
administrative supervision. The JJWC shall be chaired by an
Undersecretary of the DSWD. It shall ensure the effective
implementation of the Act & coordination among the ff.
agencies:
1. Department of Justice (DOJ)
2. Council for the Welfare of Children (CWC)
3. Department of Education (DepEd)
4. Department of the Interior and Local Government (DILG)
5. Public Attorney’s Office (PAO)
6. Bureau of Corrections (BuCor)
7. Parole and Probation Administration (PPA)
8. National Bureau of Investigation (NBI)
9. Philippine National Police (PNP)
10. Bureau of Jail Management and Penology (BJMP)
11. Commission of Human Rights (CHR)
12. Technical Education and Skills Development
Authority (TESDA)
13. National Youth Commission (NYC)
14. Other institutions focused on juvenile justice and
intervention programs.
 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 the 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 ROLE OF THE DIFFERENT SECTORS

SEC. 12. The Family. - The family shall be responsible for the
primary nurturing and rearing of children which is critical in
delinquency prevention. As far as practicable and in accordance
with the procedures of this Act, a child in conflict with the law
shall be maintained in his/her family.
SEC. 13. The Educational System. - Educational institutions
shall work together with families, community organizations and
agencies in the prevention of juvenile delinquency and in the
rehabilitation and reintegration of child in conflict with the law.
Schools shall provide adequate, necessary and individualized
educational schemes for children manifesting difficult behavior
and children in conflict with the law.
SEC. 14. The Role of the Mass Media. - The mass media
shall play an active role in the promotion of child rights, and
delinquency prevention by relaying consistent messages
through a balanced approach. Media practitioners shall,
therefore, have the duty to maintain the highest critical and
professional standards in reporting and covering cases of
children in conflict with the law.
SEC. 15. Establishment and Strengthening of Local
Councils for the Protection of Children. - Local Councils for
the Protection of Children (LCPC) shall be established in all
levels of local government, and where they have already been
established, they shall be strengthened within one (1) year
from the effectivity of this Act.
SEC. 16. Appointment of Local Social Welfare and
Development Officer. - All LGUs shall appoint a duly
licensed social worker as its local social welfare and
development officer tasked to assist children in
conflict with the law.
SEC. 17. The Sangguniang Kabataan. - The
Sangguniang Kabataan (SK) shall coordinate with the
LCPC in the formulation and implementation of juvenile
intervention and diversion programs in the community.
 Duty of the Prosecutor’s Office
There shall be a specially trained prosecutor to
conduct inquest, preliminary investigation and prosecution
of casing involving a CICL. If there is an allegation of
torture or ill-treatment of a CICL during arrest or
detention, it shall be the duty of the prosecutor to
investigate the same.
Preliminary Investigation and Filing of Information
The prosecutor shall conduct a preliminary
investigation in the following instances:
• when the CICL does not qualify for diversion;
• when the child, his/her parents or guardian does not
agree to diversion
• when considering the assessment & recommendation
of the social worker, the prosecutor determines that
diversion is not appropriate for the CICL.
Upon serving the subpoena & the affidavit of
complaint, the prosecutor shall notify the PAO of such
service, as well as the personal information & place of
detention of the CICL.
Upon determination of probable cause by the
prosecutor, the information against the child shall be
filed before the Family Court within 45 days from the
start of the preliminary investigation. The information
must allege that the child acted with discernment.
 COURT PROCEEDINGS
Bail
For purposes of recommending the amount of bail, the
privileged mitigating circumstance of minority shall be
considered.
Release on Recognizance
Where a child is detained, the court shall order:
the release of the minor on recognizance to his/her parents and
other suitable person;
the release of the CICL on bail;
the transfer of the minor to a youth detention home/youth
rehabilitation center.
The court shall not order the detention of child in a jail
pending trial or hearing of his/her case.
 Detention of the Child Pending Trial
Children detained pending trial may be released on
bail or recognizance as provided for under Sec 34 & 35. In
all other cases & whenever possible, detention pending trial
may be replaced by alternative measures, such as close
supervision, intensive care or placement with a family or in
an educational setting or home. Detention of a child pending
trial shall be used only as a measure of last resort & for
the shortest possible period of time.
Whenever detention is necessary, a child will always
be detained in youth detention homes established by local
governments, pursuant to Sec.8 of the Family Courts Act, in
the city or municipality where the child resides.
 In the absence of youth detention home, the CICL
may be committed to the care of the DSWD or a local
rehabilitation recognized by the government in the province,
city or municipality within the jurisdiction of the court. The
center or agency concerned shall be responsible for the
child’s appearance in court whenever required.
Diversion Measures
Where the maximum penalty imposed by law for the
offense with which the CICL is charged is imprisonment of
not more than 12 years, regardless of the fine or fine alone
regardless of the amount and before arraignment of the
CICL, the court shall determine whether or not diversion is
appropriate.
 Automatic Suspension of Sentence
Once the child who is under 18 years of age at the
time of the commission of the offense is found guilty of
the offense charged, the court shall determine & 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 CICL under
suspended sentence, without need of application. Upon
suspension of sentence and after considering the
circumstances of the child, the court shall impose the
appropriate disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law.
 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 the 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 CICL 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 CICL have not been
fulfilled, or if the CICL has willfully failed to comply with
the conditions of his/her disposition or rehabilitation
program, the CICL shall be brought before the court for
execution of judgment.
If said CICL has reached 18 years of age while
under suspended sentence, the court shall determine
whether to discharge the child in accordance with the 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 21 years.
 Credit in Service of Sentence
The CICL shall be credited in the services of
his/her sentence with the full time spent in actual
commitment and detention under the Act.
Probation as an Alternative to Imprisonment
The court may place a 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 CICL from
initial contact until final disposition of the case shall be
considered privileged & confidential.
 The public shall be excluded during the proceedings & the
records shall not be disclosed directly or indirectly to anyone by
any of the parties or the participants in the proceedings.
The component authorities 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 CICL & adopting a system of coding to
conceal material information that will lead to the child’s identity.
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 misprepresentation 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.
 Rehabilitation and Reintegration
The objective of rehabilitation and reintegration
of CICL is to provide them with interventions,
approaches & strategies that will enable them to
improve their social functioning with the end goal of
reintegration to their families & as productive members
of their communities.
Court Order Required
No child shall be received in any rehabilitation/
training facility without a valid order issued by the
court after a hearing for the purpose. No child shall be
admitted in any facility where there is no such register.
Separate Facilities from Adults
Children shall be separated from adults unless they are
members of the same family. Under no other circumstance
shall a CICL be placed in the same confinement as adults.
Female Children
Female CICL placed in an institution shall be given
special attention as to their personal needs & problems. They
shall be handled by female doctors, correction officers &
social workers, and shall be accomodated separately from male
CICL.
Gender-Sensitivity Training
No personnel of rehabilitation & training facilities shall
handle CICL without having undergone gender-sensitivity
training.
Establishment of “Bahay Pag-asa”

Each province & highly urbanized city (LGUs) shall

be responsible for building, funding & operating a “Bahay
Pag-asa” within their jurisdiction. Every “Bahay Pag-asa”
will have a special facility called Intensive Juvenile
Intervention And Support Center (IJISC). This center
will be allocated for CICL, these children will be required
to undergo a more intensive multi-disciplinary
intervention program.
Care and Maintenance of the Child in Conflict with the Law
The expenses for the care & maintenance for a CICL
shall be borne by his/her parents. In case that the parents
cannot pay all or part of the said expenses, the municipality
where the offense was committed shall pay one-third(1/3) of
the said expenses; the province to which the municipality
belongs shall pay (1/3) and the remaining (1/3) shall be borne by
the national government.
Confinement of Convicted Children in Agricultural Camps and
Other Training Facilities
A CICL, upon conviction, be made to serve his/her
sentence in lieu of confinement in a regular penal institution, in
an agricultural camp & other training facilities that may be
established, maintained, supervised & controlled by the BUCOR
in coordination with DSWD.
Rehabilitation of Children in Conflict with the Law
CICL whose sentences are suspended may undergo
any or a combination of disposition measures best suited
to the rehabilitation & welfare of the child.
Community-based Programs
• competency and life skills development
• socio-cultural and recreational activities
• community volunteer projects
• leadership training  health services
• social services  spiritual enrichment
• homelife services community and family
welfare
services
 Youth Rehabilitation Center
It shall provide 24-hour group care, treatment &
rehabilitation services under the guidance of a trained staff
where residents are cared for under a structured
therapeutic environment with the end view of reintegrating
them in their families & communities as socially functioning
individuals. A quarterly report shall be submitted by the
center to the proper court on the progress of the CICL.
Based on the progress of the youth in the center, a final
report will be forwarded to the court for final disposition of
the case. The DSWD shall establish youth rehabilitation
centers in each region of the country.
 Objectives of Community-Based Programs
prevent disruption in the education or means of livelihood
of the CICL in case he/she is studying, working or attending
vocational learning institutions;
prevent separation of the CICL from his/her
parents/guardians to maintain the support system fostered
by their relationship & to create greater awareness of their
mutual & reciprocal responsibilities;
facilitate the rehabilitation & mainstreaming of the CICL
& encourage community support & involvement;
minimize the stigma that attaches to the CICL by
preventing jail detention.
Criteria of Community-Based Programs
Every LGU shall establish community-based programs
that will focus on the rehabilitation & reintegration of the
child. All programs shall meet the criteria to be established
by the JJWC which shall take into account the purpose of
the program, the need for the consent of the child and
his/her parents/ legal guardians, and the participation of the
child-centered agencies whether public or private.
After-Care Support Services for CICL
CICL whose cases have been dismissed by the proper
court shall be provided after-care services by the local
social welfare and development officer for a period of
atleast 6 months.
 General Provisions
Exempting Provisions
1. Status Offenses
Any conduct not considered an offense or not
penalized if committed by an adult shall not be considered
an offense & shall not be punished if committed by a child.
2. Violations of Local Ordinances
Ordinances enacted by local governments concerning
juvenile status offenses such as curfew violations, truancy,
parental disobedience, anti-smoking & anti-drinking laws, as
well as light offenses & misdemeanors against public order
or safety such as
disorderly conduct, public scandal, harassment, drunkenness,
public intoxication, criminal nuisance, vandalism, gambling,
mendicancy, littering, public urination, & tresspassing shall be for
the protection of children.
3. Offenses not Applicable to Children
Persons below 18 years of age shall be exempt from
prosecution for the crime of vagrancy, prostitution, mendicancy
and sniffing of rugby. They shall undergo appropriate counseling
& treatment program.
4. Exemption from the Application of Death Penalty
The provisions of the RPC, as amended, R.A. No. 9165,
otherwise known as the Comprehensive Dangerous Drugs Act of
2002, and other special laws, no death penalty shall be imposed
upon CICL.
 Prohibited Acts
Prohibition Against Labelling and Shaming
In the conduct of the proceedings, the
competent authority must refrain from branding or
labelling children as young criminals, juvenile
delinquents,prostitutes or attaching to them any
derogatory names.
Other Prohibited Acts
Employment of threats of whatever kind & nature;
Employment of abusive, coercive & punitive measures
such as cursing,beating, stripping and solitary
confinement;
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 CICL, or forcing him/her to walk around
the community wearing signs which embarass,
humiliate, & degrade his/her personality & dignity;
Compelling the child to perform involuntary servitude
in any and all forms under any and all instances.
 Penal Provision
Violation of the Provisions of the Act or Rules or Regulations
in General
Any person who violates any provision promulgated in
accordance thereof shall, upon conviction for each act or
omission, be punished by a fine of not less than P20,000.00 but
not more than P50,000.00 or suffer imprisonment of not less
than 8 years but not more than 10 years, or both such fine &
imprisonment at the discretion of the court, unless a higher
penalty is provided for in the RPC or special laws. If the
offender is a public officer/ employee, he/she shall, in addition
to such fine & imprisonment, be held administratively liable and
shall suffer the penalty of perpetual absolute disqualification.
 Appropriation Provision
The amount necessary to carry out the provisions of
this Act shall be charged against the current year’s
appropriation of the JJWC under the budget of the
Department of Justice. For the continued implementation of
this Act, it shall be included in the budget of the DSWD under
the annual General Appropriations Act. P400,000,000.00 shall
be appropriated for the construction of the “Bahay Pag-asa”
rehabilitation centers in provincies or cities. The said amount
shall be coursed through DPWH for its proper implementation.
The LGUs concerned shall make available, from its own
resources or assets, their counterpart share equivalent to the
national government contribution of P5,000,000.00 per
rehabilitation center.
 Transitory Provisions
CICL 15 Years Old and Below
Upon effectivity of this Act, cases of 15 years
old & below shall be immediately dismissed and the child
shall be referred to the appropriate local social welfare
and development officer. Such officer shall determine
whether to release the child to the custody of his/her
parents or refer the child to prevention programs.
Those with suspended sentences & undergoing
rehabilitation at the youth rehabilitation center shall
likewise be released, unless it is contrary to the best
interest of the child.
Children Detained Pending Trial
If the child is detained pending trial, the Family
Court shall also determine whether or not continued
detention is necessary and if not, determine appropriate
alternatives for detention. If detention is necessary and
he/she is detained with adults, the court shall immediately
order the transfer of the child to a youth detention home.
Inventory of “Locked-up” and Detained CICL
The PNP, BJMP and the BUCOR are hereby directed
to submit to the JJWC, within 90 days from the
effectivity of the Act, an inventory of all CICL under their
custody.
 Children Who Reach the Age of 18 Years Pending
Diversion and Court Proceedings
If a child reaches the age of 18 years pending
diversion and court proceedings, the appropriate diversion
authority in consultation with the local social welfare and
development officer or the Family Court in consultation with
the Social Services and Counseling Division (SSCD) of the
Supreme Court shall determine the appropriate disposition.
In case the appropriate court executes the judgment of
conviction, and unless the CICL has already availed of
probation under P.D. No. 603, the child may apply for
probation if qualified under the provisions of the Probation
Law.
Children Who Have Been Convicted and Are Serving Sentence
Persons who have been convicted & are serving service at
the time of the effectivity of this Act,and who were below the
age of 18 years at the time the commission of the offense shall
benefit from the retroactive application of the Act. They shall
be entitled to appropriate dispositions provided under the Act &
their sentences shall be adjusted accordingly. They shall be
immediately released if they are so qualified under the Act or
other applicable law.
Final Provisions
Rule Making Power
The JJWC shall issue the IRRs for the implementation
of the provisions of the Act within 90 days from the effectivity
thereof.
 Notes and Cases

The intent of R.A. No. 9344 “is to promote and

protect the rights of a CICL or child at risk by
providing a system that would ensure that children
are dealt with in a manner appropriate to their well-
being through a variety of disposition measures such
as care, guidance and supervision orders, counselling,
probation, foster care, education and vocational
training programs and other alternatives to
institutional care”.
 The law modifies as well as the minimum age limit of
criminal irresponsibilty for minor offenders; it changed
what the RPC provided- from “under 9 years of age” and
“above 9 years of age but under 15” (who acted without
discernment) to “15 years old or under” and “above 15 but
below 18” (who acted without discernment) in determining
exemption from criminal responsibility. In providing
exception, it presumes that the minor offenders
completely lack the intelligence to distinguish right from
wrong, so that their acts are deemed involuntary ones for
which they cannot be held accountable.
 The age of the CICL at the time of the
promulgation of judgment is immaterial. What matters is that
the offender committed the offense when he/she was still of
tender age. The promotion of the welfare of a CICL shall
extend even to one who has exceeded the age limit of 21 years
old. The offender shall be entitled to the right of restoration,
rehabilitation and reintegration in accordance with the Act in
order that he/she is given the chance to live a normal life and
become productive member of the community.
Appropriate disposition under Section 51, R.A. No. 9344
extends even to one who has exceeded the age limit of 21
years, so long as he committed the crime when he was still a
child.
 The discernment that constitutes an exception to the
exemption from criminal liability or a minor who commits an
act prohibited by law, is his mental capacity to understand the
difference between right and wrong, and such capacity may be
known and should be determined by taking into consideration
all the facts and circumstances accorded by the records in
each case , the very appearance, the very attitude, the very
comportment and behavior of said minor, not only before and
during the trial. The basic reason behind the exempting
circumstance is complete absence of intelligence, freedom of
action of the offender which is an essential element of a
felony either by dolus or culpa.
 Mandatory Registry of CICL
All duty-bearers, including barangay/BCPC workers,
law enforcers, teachers, guidance counselors, social
workers and prosecutors who will receive report, handle
or refer cases of CICL, shall ensure a faithful recordation
of all pertinent information, such as age, residence,
gender, crime committed or accused of and the details of
the intervention or diversion under which they will
undergo or has undergone, of all CICL to guarantee the
correct application of the provisions of the Act and other
laws. The JJWC shall lead in the establishment of a
centralized information management system on CICL.