Notes JUVENILE

ISABELA STATE UNIVERSITY ECHAGUE
CHAPTER ONE
INTRODUCTION TO JUVENILE DELINQUENCY
Chapter’s Contents: B. DEFINITION OF TERMS

A. Introduction
B. Definition of Terms JUVENILE
C. Purpose of the Study - It connotes a state of immaturity or
D. Historical Background of Juvenile incomplete development.
Delinquency - A person who is not yet fully develops not
E. Law Related to delinquency in the an adult or has characteristics of a youth or
Philippines child.
- He is a child or a young person, under the
Chapter’s Specific Objectives legal system may be dealt with for an
At the end of the lesson, students should be able to: offense in a manner different from that of an
1. know the focus of this course through adult.
comprehensive explanation of the different - These are young people regarded as
terminologies used in this course; immature or one whose mental as well as
2. appreciates and understand the objectives emotional faculties are not fully developed,
of this course in connection to crime thus, making them incapable of taking full
prevention; responsibility of their actions.
3. Understand the early roots of delinquency
4. Know and understand the law related to DELINQUENCY
delinquency in the Philippines. - It is a violation of law, ordinance or rule
which is punishable of youth or child.
- Refers to the failure to perform an act
A. INTRODUCTION required by law, or the non-performance of
Juvenile Delinquency is an anti-social behavior or duty or obligation that is mandated by
act which differs from the normal model of set of laws existing law or rule.
and parameters, culture, customs which society in broad- - Refers to any action: course or conducts
spectrum does not conform. Juvenile delinquency that deviate from acts approved by the
generally refers to youth behavior which is against norms majority of people. It is a description of acts
and regulations of society, which if left unchecked would that do not conform to the accepted rules,
give rise to criminality. norms and mores of the society.
The prevention of juvenile delinquency is an
essential part of crime prevention in society. The saying
JUVENILE DELINQUENCY
an ounce of prevention is better than a pound of cure
- It is an act committed by a minor which
would clearly manifest the importance of misbehavior
violates the penal code of the government
deterrence among our youth.
By engaging in lawful, socially useful activities and with authority over the area in which the act
occurred.
adopting a humanistic orientation towards society and
- These are anti social activities of persons of
outlook on life, young person’s can develop non-
below 18 years of age.
criminogenic attitudes. The successful prevention of
- The acts committed by minors to violate the
juvenile delinquency requires effort on the part of the
code of the government or to violate law
entire society to ensure the harmonious development of
and public order.
adolescents, with respect for and promotion of their
- It is used to describe a large number of
personality from early childhood.
disapproved behaviors of children or
Young person’s should have an active role and
youths. In this sense anything that the youth
partnership within society and should not be considered
does which other do not like is called
as ere objects of control and socialization. Furthermore,
Juvenile Delinquency.
the well-being of young person’s from their early
- It refers to any action or conduct of children
childhood should be the focus of any preventive
or youth that not conventional or not
program.1
normally accepted by the people.
JUVENILE DELINQUENTS
- A juvenile delinquent is a person who has
not yet reached the age of maturity, and
1
Juvenile Delinquency and Crime Prevention, Dean whose behavior has been labeled
delinquent by a court.
Ricardo M. Guevara and Dean Felipe S. Bautista,
Page 9. - It may be grouped in three ways:
1 Juvenile Delinquency Instructional Material Criminal Justice Education
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a. Children aging below 7 years committed primarily by children, minors,

b. Children aging 7 to 12 years-juveniles juveniles, youthful offenders or other person
who have doliincapax (not capable of in need of supervision or assistance.
having criminal intent)
c. Youths aging above 12 but below 18
y.o YOUTH OFFENDER
- A person over 9 years but less than 18
YOUTH years of age at the time of the commission
- It is the condition or quality of being young; of an offense.
an early period of development or - A youth who is found guilty by the court of
existence; the time of life between committing an offense after his 9th years or
childhood and maturity. before 18th birthday.
- It refers to a child, minor or youth including
CHILDREN/MINOR one who is emancipated in accordance
- Refers to person below eighteen (18) years w/law, who is over (15) years but fewer than
of age or those over but are unable to fully 18 years old of age at the time the
take care of themselves or protect commission of an offense.
themselves from abuse, neglect, cruelty, - A child nine(9)years of age or under at the
exploitation or discrimination because of a time of the commission of an offense shall
physical or mental disability or condition. be exempted from criminal liability and shall
(Section 3(a), Republic Act No. 7610) be committed to the care of his or her
- Somebody who is not yet legally an adult. It parents, or nearest relative or family friend
is legal term for those under the age of in the discretion
majority, which varies from country to
country but is usually between 18 and 21. CHILD ABUSE
Most civic and legal rights and duties Republic act no. 7610 defines abuse as:
accrue only at the age of majority: for Maltreatment, whether habitual or not, of the child
example, the rights to vote, to make a will, which includes any the following;
and (usually) to make a fully binding a. Psychological and physical abuse, neglect,
contract, and the duty to act as a juror. In cruelty, sexual abuse and emotional
the Philippine the age of majority is 18. maltreatment;
b. Any act by deeds or word which debases,
JUVENILE JUSTICE SYSTEM degrades or demeans the intrinsic worth as
- The system involving law enforcement dignity of a child as human being;
agencies, court and juvenile correctional c. Unreasonable deprivation of his basic
agencies. needs for survival such as food and shelter;
- "Juvenile Justice and Welfare System" d. Failure to immediately give medical
refers to a system dealing with children at treatment to an injured child resulting in
risk and children in conflict with the law, serious impairment of growth and
which provides child-appropriate development or in his permanent incapacity
proceedings, including programs and or death.
services for prevention, diversion,
rehabilitation, re-integration and aftercare to C. PURPOSE OF STUDYING JUVENILE
ensure their normal growth and DELINQUENCY
development. The research and analysis of juvenile delinquency is
focused on its causes, taking into consideration the
DELINQUENT OFFENSES impact on the family, community, school and society as a
- Acts which are considered criminal if whole. It is also concerned with the measures which all
committed by adults, and punishable as spectrum of human society must undertake to check it.
criminal. The foregoing are significant objectives in studying it:
a. To determine the nature and extent of juvenile
STATUS OFFENSE delinquency in the Philippines;
- Offenses which are judicable only when b. To determine its impact to criminality;
committed by juveniles. Examples include c. To ascertain the various causes, factors and
running away from home, truancy, etc. conditions that leads to delinquency; and
These are certain acts or omission which d. To formulate and adopt reasonable and
may not be punishable if committed by realistic measures to suppress it.
adults, but become illegal only because the
person is under age and the act was D. HISTORICAL BACKROUND

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were presumed incapable of forming criminal intent and

HAMMURABI CODE therefore were not subject to criminal sanctions.
The oldest known code of the law four thousand Children between seven and fourteen were not subject to
years age dating 2270B.C. that takes account of many criminal sanctions unless it could be demonstrated that
misconduct acts, some pertains to youths. It discussed they had formed criminal intent, understood the
runaways, children who disowned their parents and sons consequences of their actions, and could distinguish
who cursed their father are severely being punished. right from wrong (Blackstone 1803, 22-24). Children
In this period of the code, the husband was the one over fourteen were treated much the same as adults.
in charge with many responsibilities to his wife and to
their children. In other word, in patriarchal society,
rebellion against the father even by adults son is not CHANCERY OR EQUITY COURTS
tolerated, the punishment was severe. It is created by the king of England, under the
Item 195 in the code of Hammurabi states that, “if guidance of King’s chancellor. Chancery courts were
the son strikes his father, one shall cut off his hand.” It created to consider petitions of those who needed
should be noted that the severe punishment runs special aid or intervention, such as woman and children
through all the code of Hammurabi including not only who needed protection and aid because of divorce, the
physical mutilation but also death for many offenses death of a spouse, or abandonment, and to grant relief to
such as drowning in the river or be buried alive. such persons. Through the chancery courts, the king
exercise the right of parens patria (parents of the
ROMAN LAW AND CANON (CHURCH) LAW country) by enabling these courts to act in loco parentis
Approximately two thousand years ago, made (in the place of parents) to provide necessary services
distinction between juveniles and adults based on the for the benefit of women and children. In other words,
notion “age of responsibility” the king, as ruler of his country, was to assume
responsibility for all those under his rule, to provide
ANCIENT JEWISH LAW parental care for children who had no parents, and to
The Talmud specified condition under which assist women who required aid for any of the reasons
immaturity was to be considered in imposing mentioned above.
punishment. There was no corporal punishment prior to Although chancery courts did not normally deal with
puberty, which was considered to be the age of twelve youthful offenders, they did deal with dependent or
for females and thirteen for males. No capital neglected youth as do juvenile courts in the Unites
punishment is to be imposed on those offenders under States today. The principle of parens patriae later
twenty years of age. Similar leniency was found among became central to development of juvenile court in
Moslems, where children under the age of seventeen America.
were typically exempt from the death penalty.
THE LAW OF KING AETHELSTAN OF ENGLAND (924-
CODIFICATION OF ROMAN LAW 939 A.D)
In fifth century B.C this law resulted in the “Twelve Old English law provided penalties for children. He
Tables”, which made it clear that children were criminally proclaimed that “any thief over 12 years old received
responsible for violation of law and were to be dealt with punishment of death if he stole more than 12 pence”.
by same criminal justice system as adults. The severity of such punishment was eventually to
Children came to be classified as “infans,” provide.”No one under 16 years could be put to death
“proximus infantiae.” In general, “infans” were not held unless he resisted or ran away.” However, with the
criminally responsible, but those approaching puberty passage of time the law was eased for children, and no
who knew the difference between right and wrong were one under sis teen years could be put to death unless he
held accountable. resisted or run away.
For much of Roman history, “infantia” meant the
inability to speak, but in the fifth century A.D. this age is STATUTE OF ARTIFICERS (1562)
fixed at seven years and children under that ages were Stated that children of paupers could be
exempt from criminal liability. The legal age of puberty involuntarily separated from their parents and
was fixed at fourteen for boys and twelve for girls: youth apprenticed to others.
above these ages were held criminally liable. For
children between the ages seven and puberty, liability POOR LAW ACT OF 1601
was based on their capacity to understand the difference Provided for involuntary separation of children from
between right and wrong. their impoverished parents, and these children were then
placed in bondage to local residents as apprentices.
ANGLO SAXON COMMON LAW (LAW BASED ON Statute of Artificers and Poor Law Act of 1601 were
CUSTOM OR USAGE) placed in bondage to local residents as apprentices.
The distinction made between adult and juvenile
offenders in England at this time are most significant. POPE CLEMENT XI
Under common law, children under the age of seven
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In 1704 in Rome, established the Hospital of St. minor, he shall be proceeded against in
Michael’s, the first institution for the treatment of juvenile accordance with the provisions of Article 80
offenders. The stated purpose of the hospital was to (now Article 192, PD 603) xxx.’ This means
correct and instruct unruly youth so they might become that the minor offender who is under 18 is
useful citizens. entitled to special privileged mitigating
circumstances, hence cannot be offset by
ROBERT YOUNG aggravating circumstances. Under Article 68 of
In 1788 established the first private, separate the RPC, a minor who is over nine but under
institution for youthful offenders in England. The goal of 15 is entitled to a penalty two degrees lower
the institution was to educate and instruct in some useful than that provided by law; while a minor who is
trade or occupation the children of convicts or such other over 15 but under 18 is entitled to a penalty
infant poor as engaged in a vagrant and criminal course one degree lower than that provided by law.
of life.
B. Presidential Decree No. 603 - The Presidential
ALBERT K. COHEN Decree (PD) 603 is known as the Child and Youth
The first man who attempted to find out the process Welfare Code. The Decree was signed by his
of beginning of the delinquent subculture. Excellency President Ferdinand Marcos on
December 10, 1974 and took effect on June 10,
KINGWOOD REFORMATORY 1975.
This was established for the confinement of the
“hordes of unruly children who infested the streets of Objectives of Presidential Decree No. 603
new industrial towns” of England. 1. To promote the child’s welfare and enhance
the opportunities for a useful and happy life.
NEW YORK COMMITTEE ON PAUPERISM 2. To guarantee or ensure that the child’s
In 1818, the committee gave the term “Juvenile individual traits and aptitudes should be
Delinquency” Its first public recognition by referring it as cultivated to the utmost as long as they do not
a major cause of pauperism. come in conflict with the general welfare.
3. To encourage attachment to the home and
HOUSE OF REFUGE, 1825 strong family ties.
This was established for juvenile, which was the 4. To aid and support the natural right and duty of
predecessor of the American Reformatory of this parents in the rearing of the child for civic
movement had co-incident with humanitarian outlook of efficiency.
the western world at the time, and it emphasized that
juveniles should be reformed instead of punishment. Who is a Filipino child under Presidential Decree No.
603?
1899 – The first Juvenile or “family” court was A minor or youth; any person below 18 years old, a
established in Cook County Illinois. boy or a girl at any age between infancy and
adolescence; However, the law includes infants and
1899 – 1967 – This has been referred to as the era of even unborn children.
“socialized juvenile justice”.
Who is a youthful offender under Presidential Decree No.
E. LAW RELATED TO DELINQUENCY IN THE 603?
PHILIPPINES A youthful offender is a child, minor or youth,
including one who is emancipated in accordance with
A. Act No. 3815 - Revised Penal Code of the law, who is over nine years but under eighteen years of
Philippines (RPC) age at the time of the commission of the offense. A child
a. The provision of Article 189 on the exemption nine years of age or under at the time of the offense shall
of liability is the same as Article 12, par.2 and 3 be exempt from the criminal liability and shall be
of the Revised Penal Code: “The following are committed to the care of his father or mother, or nearest
exempt from criminal liability: xxx… person relative or family friend in the discretion of the court and
under 9 years of age ; person over 9 years and subject to its supervision. The same shall be done for a
under 15 unless he acted with discernment, child over nine years and under fifteen years of age at
which case he shall be proceeded against in the time of the commission of the offense, unless he
accordance with Article 80 of this Code (now acted with discernment, in which case he shall be
Article 192 of PD 603) xxx…” proceeded against in accordance with Article 192. The
provision of Article 80 of the Revised Penal Code is
b. Article 13 of the Revised Penal Code also repealed by the provision of this chapter (as amended by
states: “The Following are mitigating PD 1179, August 15, 1977).
circumstances: xxx 2. That the offender is
under 18 years of age, or over 70 years. In the
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C. REPUBLIC ACT NO. 7610 – It is otherwise known known as Anti-Violence against Women and thier
as Child Abuse Law of the Philippines. It is an act Children.
providing stronger deterrence and special protection
of children against child abuse, exploitation, and K. REPUBLIC ACT NO. 9344 – It is known as Juvenile
discrimination and providing penalties on its Justice and Welfare Act of 2006.
violation and other purposes. It was Approval date
June 17, 1992. The following are the salient features of R.A 9344;
As can be gleaned from the title, the objective 1. Increasing the age of irresponsibility from nine
of the law is for the protection of the becoming a (9) years to fifteen (15) years of age.
VICTIM of the child abuse, exploitation and 2. Creation on the wheel on justice.
discrimination. It does not speak of the child or 3. Establishing of the (a) youth detention home
minor as offender. However, it does not mean to (b) youth rehabilitation center, managed by the
preclude the possibility that the minor is not capable DSWSD and accredited non-government
of committing the acts prohibited by the law. It is organization.
fact that sometimes, minor conceal their true age in 4. Creation of the juvenile justice and welfare
order to be able to avail for themselves some council (JJWC) Chairman undersecretary of
activities only adults are supposed to do. But what the DSWD members:
is important is that, we the adults in our family a. Council for the Welfare of Children (CWC)
and/or community should be vigilant in the b. Department of Education (DepEd)
protection of our youths against abuse, exploitation c. Department of Interior and Local
and discrimination, more particularly child Government (DILG)
prostitution and other sexual abuse; child trafficking; d. Public Attorney’s Office (PAO)
obscene publication and indecent shows; acts of e. Bureau of Correction (BUCOR)
abuse such as neglect, cruelty and other conditions f. Parole and Probation Administration
prejudicial to the child’s development, and (PPA)
circumstances which endanger child survival and g. National bureau of Investigation (NBI)
normal development. h. Philippine National Police (PNP)
i. Bureau of Jail Management and Penology
D. REPUBLIC ACT NO. 6809 - An Act Lowering the (BJMP)
Age of Majority from Twenty One (21) to Eighteen j. Commission of Human Rights (CHR)
(18) Years Amending for the Purpose E.O. No. 209, k. Technical Education and Skills
and for other purposes. Development Authority (TESDA)
l. National Youth and Commission (NYC)
E. REPUBLIC ACT NO. 8396- It is otherwise known as and
the Family courts act of 1997. It was approve on m. Others Institutions focused on Juvenile
October 28, 1997. It is an act establishing Family and Intervention Programs.
Courts, granting them Exclusive Original
Jurisdiction over Child and Family Case, Amending F. Pertinent Laws To Children
BP Blg. 129, as amended, otherwise Known as the
Judiciary Reorganization Act of 1980, appropriating A. Health Laws:
funds therefore and for other purposes.
1. E.O No. 51- National Code of Marketing of
F. REPUBLIC ACT NO. 7658 - An act prohibiting the Breast milk Substitutes, Breastmilk
employment of children below 15 yrs. of age in Supplement and Other Related Products.
public and private undertaking.
2. R.A. No. 7600 – The Rooming-In and
G. REPUBLIC ACT NO. 9231 – An act providing for Breastfeeding Act of 1992. Child to be placed
the elimination of the worst forms of child labor and on the side of the mother for better
affording stronger protection for the working child. relationship.
H. ORDER NO. 56, Series of 1989 – It took effect on 3. R.A. No. 7846 – An Act of Requiring
November 6, 1986. Authorized the DSWD to take Compulsory Immunization against Hepatitis-B
protection custody of the child prostitutes and for Infants and Children Below Eight years old.
sexually exploited and other purposes.
4. R.A. No. 8172 – An Act for Salt Iodization
I. EXECUTIVE ODER NO. 209 - The family code of Nationwide (ASIN)
the Philippines
5. R.A. No. 8370 – Children’s Television Act of
J. REPUBLIC ACT NO. 9262 - An act defining 1997 (violent x-rated films)
violence against women and children. It is otherwise
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6. R.A. No. 8504 – Philippine AIDS Prevention 4. R.A. No. 7624 – An Act Integrated Drug
and Control Act of 1998 Prevention and Control in the Intermediate
Secondary Curricula as well as the Nonformal.
7. Proclamation no. 46 - Reaffirming the Informal and Indigenous Learning System and
Commitment to the Universal child and mother for Other Purposes
immunization goal by launching the polio
eradication project. 5. R.A. No. 8353 – Anti-rape Law of 1997.
6. R.A. No. 7438 – And Act Defining Certain

Rights of Person Arrested, Detained or Under
B. EDUCATIONAL LAWS: Custodial Investigation.
1. R.A. No. 6655 – Free Public Secondary
Education Act 1988 7. R.A. No. 8369 – Family Court’s Act 1997
8. Rule on Examination of a Child witness
2. R.A. No. 6728 – Government Assistance to effective Dec. 15, 2000 – SC.
Students and Teachers in private Education
Act. 9. R.A. No. 9255 – An Act allowing illegitimate
children to use the surname of their father
3. R.A. No. 7323 – An Act to Help Poor but amending for purpose Art. 176 of Executive
Deserving Students Pursue their Employment Order 209 otherwise known as the “Family
during Summer and /or Christmas Vacations. Code” of the Philippines.
4. R.A. No. 7797 – An Act to Lengthen the School

Calendar from Two Hundred (200) Days to Not
More Than Two Hundred Twenty (220) Class
days.
5. R.A. 7798 – An Act Amending Section 25 of

Batas Pambansa Blg. 232, otherwise known as
“The Education Act of 1982”.
6. R.A. No. 7880 – Fair and Equitable Access to

Education Act.
7. E.O. No. 340 – Directing National Government

Agencies and Government-owned and
Controlled Corporations to Provide Day-Care
Services for the Employee’s Children under
Five Years of Age.
8. R.A. No. 7277 – Magna Carta for Disabled

Persons
C. Laws for the Protection of Children:

1. E.O. No. 56 – Authorizing the Ministry of Social
Services and Development to take Protective
Custody of Child Prostitutes and sexually
Exploited Children – below 17 years of age
2. E.O. No. 275 – Creating a Committee for the

Special Protection of Children from All Forms
of Neglect, Abuse, Cruelty, Exploitation,
Discrimination and Other Conditions Prejudicial
to their Development.
3. R.A. No. 6972 – Barangay Level Development

and Protection of Children Act Creation of a
Day-Care Center in energy barangay.

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It was advocated by Ernest Hooton, a Harvard

anthropologist. He argued that criminals are inferior to
civilians in nearly all their bodily measurements. He
likewise states that low foreheads indicated inferiority.
He further stated that crime exists because there are
some inferior people who are responsible for them.
Some of the descriptions of inferior people who are
potential criminals includes the following:
b. Sneaky, little, constitutional inferiors-
thieves
c. Wiry, narrow, hard-bitten, tough, and not
CHAPTER TWO notably undersized-robbers
THEORIES OF DELINQUENCY d. Men with low mediocre preference.
He proposed that criminals should be
Chapter’s Contents: permanently exiled to self-governing reservation,
A. Biological, Psychological and Sociological isolated from the society and sterilized to prevent
Theories of Delinquency future off-springs.
B. Identifiable Theories of Delinquency
3. SOMATOTYPING THEORY - It was advocated by
Chapter’s Specific Objectives William Sheldon whose ideas were concentrated on
At the end of the lesson, students should be able to: the “Survival of the Fittest” as behavioral science.
1. identify, understand and explain the He believes that inheritance was the primary
different theories of delinquency. determinants of one’s behavior and the body
physique was a reliable indicator of personality. He
classified people in three ways as follows:
a. Endomorph- a type with relatively
I. BIOLOGICAL, PSYCHOLOGICAL AND predominance of soft, roundness, throughout
SOCIOLOGICAL THEORIES OF DELINQUENCY the region of the body. They have low specific
gravity. And a person with typically relaxed and
A. BIOLOGICAL THEORIES OF DELINQUENCY comfortable disposition.
These are groups of theories which claimed that b. Mesomorph- athletic type, predominance of
physical appearance reveals the characters in a manner muscle, bone and connective tissue, normally
that criminals have distinctive physical characteristics heavy, hard and firm, strong and tough. They
that makes identifiable as delinquents or criminal are people who are routinely active and
offenders. Biological theories promoted the notion that aggressive, and they are likely to commit
people’s behavior bears some relationship to their crimes.
biological constitution. Recent biological theorizing which c. Ectomorph- thin physique, flat chest, delicacy
emphasizes biological variations within the normal range throughout the body, slender, poorly muscled
has begun to include the interplay of biological, social and they tended to be fatigue and withdrawal.
and psychological variables in crime and delinquency.
NOTA BENE: MESOMORPHY-
1. LOMBROSIAN THEORY DELINQUENCY RELATIONSHIP- Delinquency
It was introduced by Cesare Lombroso, the Father exists because there are monomorphic men or
of Modern Criminology, in 1876. He believes that certain youth that are responsible for its occurrence.
physical features identified the convict in prison as a
“born criminal”. The born criminal is an “atavism” which 4. GENETICS THEORY - This theory states that
simply means that he has the physical make-up, mental people who have abnormal genetic structure or
capabilities, and instinct of primitive man. He maintained chromosomal activities commit crimes and
that a born criminal could be identified by the possession delinquency. The theory explains that the behavior
of certain visible stigmata such as asymmetry of the of violent male criminals is the proposal of a
face, or head, large monkey like ears, receding chin, and chromosomal abnormality in which such males have
others. Criminal are classified as epileptic, insane and an XYY, instead of the normal XY, male
inborn. However, Lombroso was criticized for his theory chromosomal pattern. The extra Y chromosome, so
because he based only on his findings from examining goes the hypothesis turns these criminals into super
criminals. He did no conducted studies on non-criminal males.
offenders’ characters. Therefore, there is no valid
comparison as to the difference between the physical B. PSYCHOLOGICAL THEORIES
characteristics of criminal and non-criminals. The psychological theory shares with biological
theory the search for the cause in biological processes or
2. GENERAL INFERIORITY abnormalities, it attempts tom look deep into mind of the
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people. The treatment and policy implications of - It is the conscious and rational part of the
psychoanalytical theory and directed and obvious. mind, and it usually grows from the ID.
Criminal and delinquent offenders should be treated not - It is part of the personality that must deal with
as evil but as stick persons who are not basically conflicting demands of the SUPEREGO.
responsible for their actions in any rational or controllable - It also represents problem-solving dimensions
sense. Therefore, punishment of offenders will be of the personality.
ineffective and will only provoke more guilt and unhealthy - It deals with reality because it can differentiate
psychological reactions. Delinquents and criminals, the reality from fantasy.
theory contends, need treatment for underlying
emotional disturbance. Cure that problem, and the 3. The SUPEREGO
problem of crime will be remedied. A group of theory that - It is the conscience and moralizing part of the
assumed that: mind.
a. Delinquency is a result of internal, underlying - It grows out from ego, and represents the
disturbances. moral code and the norms and values the
b. These disturbances develop in childhood and tend individual has acquired and the superego is
to become permanent features of individuals also responsible for feelings of guilt and
character. shame.
c. Since the individual has problems, he or she must - If the parts of the human psyche co-exist in
be the focus of attention if the problem is to be unified and harmonious way, the person is
solved. mentally healthy, but when the human psyche
comes into conflict, the person is maladjusted
1.1. FREUDIAN PSYCHOANALYTICAL THEORY and there is a high probability that he will
It focuses on abnormalities or disturbances in the commit delinquent acts.
individual’s emotional development from early childhood.
Crime, according to Freud, is a symbolic expression of  MAL-ADJUSTMENT- a condition experienced
inner tension that each person has but fails to control. It by a person when he is not well adjusted to his
is an out expression of having learned self-control own circumstances and environment.
improperly. He believes that people develop in a series  PSYCHOPATH - a person without conscience
of stages. When abnormalities occur, the person is more (superego) and thus, without control over his or
likely to experience conflict. Conflict arises from the her behavior.
person’s basic drive and controls. Because conflict is
painful to confront, people tend to push into their 1.2. THE LOW IQ THEORY - Wilson and Herrnstein
unconscious mind, thus, experience that produce suggested that low IQ is associated with one’s
conflict. Finally, people use defense mechanisms to inability to reason morally, re - establishing the
handle personal conflicts. The three (3) parts of the notion that it represents not only a cognitive but
Human Psyche (Personality) according to Freud are the also a moral backwardness. Accordingly, the
following : theory believes that the higher the IQ scores, the
lower the probability that the adolescent will
1. The ID commit delinquent acts. Some of the
- It is the unconscious seat of irrational, inflammatory claims of the low IQ theory are:
antisocial, and instinctual impulses, which must 1. People with low intelligence are unable to
be controlled and shaped for social adaptation realize that committing offenses in a
to life in society. certain way often to getting caught and
- It is the original system of personality present eventual punishment.
at birth. 2. People with low intelligence are easily led
- It consists of blind unreasoning, instinctual into law-breaking activities by the wiles of
desires and motives. more people.
- It represents all of a person’s basic biological
and psychological drives including LIBIDO. 1.3. ATTENTION DEFICIENT HYPERACTIVITY
- It was fuelled by the pleasure principles: I THEORY - Immaturity and hyperactivity cause
WANT WHAT I WANT WHEN I WANT IT! Juvenile Delinquency. Grade schools usually
- It is also anti-social and knows no rules, any experience attention deficit hyperactivity disorder,
boundaries or limitations and if left unchecked, which is characterized by:
it may destroy the person. 1. Short attention span
- It is the unconscious portion of the personality, 2. Day dreaming
the innate part of the personality dominated by 3. Sluggishness
the drive (cravings) for pleasure and by inborn 4. Preoccupation
sexual and aggressive impulses. 5. Impulsiveness
2. The EGO
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1.4. FRUSTRATION-AGGRESSION THEORY - People B. ANOMIE THEORY - Advocated by Emile Durkheim,

who are frustrated will act aggressively, and people anomie is normlessness produced by rapidly
who engage in aggression are frustrated first. shifting moral values, this occurs when personal
1. Aggression- a behavior whose goals is to inflict goals cannot be achieve using available means.
damage or injury on some object or person Anomie refers to a breakdown of social norms &it is
and it maybe: a condition where norms no longer control the
a. Overt- physical or verbal activities of member of society.Individuals cannot
b. Covert- like wishing someone is find their place in society without clear rules to help
dead guide them. Changing conditions as well as
2. Frustration- a behavior directed at anticipating adjustments in life leads to dissatisfaction, conflict,
goals or expectations or a person must have and deviance.
expecting the attainment of a goal or
achievement in order to be frustrated. C. STRAIN THEORY - This contend that certain
3. Frustration develops when a person classes are denied legitimate access to culturally
experiences the blocking of some goal. It determined goals & opportunities & the resulting
involves hopes and unfulfilled expectations; it frustration, results in illegitimate activities or
is not a feeling or emotion but a failure of rejection of the society goal. According to
objectives or goals. Frustration leads to anger, sociologist Robert Merton, although most people
which makes aggression more likely to share common values and goals, the means for
happen, and when aggression is induced by legitimate economic and social success are
violent anger, the person who is provoked may stratified by socio economic class. Consequently
either use words or weapon. these youths may either use deviant methods to
achieve their goals or reject socially accepted goals
C. SOCIOLOGICAL THEORIES - There are four and substitute deviant ones. The following are the
reasons why sociological theories are distinct and sources of strain according to Robert Agnew
prominent explanation of crimes and delinquency 1. Strain caused by failure to achieve positively
that the biological and psychological theories: valued goals
1. The new sociological theories blame 2. Strain caused by the disjunction of expectation
delinquency on social and environmental and achievements
circumstances. 3. Strain as the presentation of negative stimuli:
2. Social institution was believed to be
plague by disintegration and D. DIFFERENTIAL OPPORTUNITY THEORY -
disorganization. Delinquent subcultures, according to Richard
3. Some observes assumed that Cloward and Lloyd Ohlin, flourish in the lower-class
disintegration and disorganization made and take particular forms so that the means for
individuals more to engage in illegitimate success are no more equally distributed
delinquency. that the means for legitimate success. They argue
4. The prevailing opinion was that the lower that the types of criminal subcultures depend on the
class was responsible for the major of area in which they develop. Ohlin and Cloward
delinquency. stated that the varying form of delinquent
subcultures depended upon the degree of
II. IDENTIFIABLE THEORIES OF DELINQUENCY integration that was present in the community. The
following are the three types of delinquent gangs by
A. SOCIAL DISORGANIZATION THEORY - This Cloward and Ohlin:
theory was recognized early in twentieth century by 1. The Criminal gang. Emerge in areas where as
sociologist Clifford Shaw and Henry Mckay. non-conventional valued of behavior are
According to social disorganization theory, integrated by close connection of illegitimate
disorganized areas cannot exert social control over and legitimate businesses. This type of gang is
acting-out youth; these areas can be identified by stable than the ones to follow. Older criminals
their relatively high level of change, fear, instability, serve as role models and they teach necessary
incivility, poverty and deterioration, and these criminal skills to the youngster.
factors have a direct influence on the area’s
delinquency rate. It is not, then, some individual 2. The conflict/violent gang-Non-stable and non-
property or trait that is the cause of delinquency, but integrated, where is an absence of criminal
the quality an ambiance of the community in which organization resulting in stability. This gang
adolescents are forced to reside. In the areas aims to find reputation for toughness and
where there is no sense of collective efficacy, destructive violence.
delinquency rates will be controlled no matter what 3. The Retreats’ Gang–Is equally unsuccessful in
the immediate economic situation. legitimate, as well as illegitimate means. They

Department
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are known as double failure, thus retreating argue. When it is not in place, delinquents will drift.
into a world of sex, drugs, and alcohol. The following are the Techniques of Neutralization:
1. DENIAL OF RESPONSIBILITY-Delinquent will
E. CLASS CONFLICT THEORY- According to Richard propose that he/she is pushed or pulled into
Quinney and William Chambliss, conflict theory is situations beyond his/her control.(“It wasn’t my
based upon the view that the fundamental causes fault!”)
of crime are the social and economic forces
operating within the society. The criminal justice 2. DENIAL OF INJURY-Delinquent supposes
system and criminal law are thought to be operating that his/her acts really do not cause any harm,
in behalf of rich and the powerful social elites, with or that the victim can afford the loss or
resulting policies aimed at controlling the poor. The damage.(“Why is everyone making a big deal
criminal justice establishment aims at imposing about it; they have money!”)
standards of morality and good behavior created by
the powerful on the whole of society. Focus is on 3. DENIAL OF VICTIM-Delinquent views the act
separating the powerful from have nots who would as act being wrong, that the victim deserves
steal from others and protecting themselves from the injury, or that there is no real victim.(“They
physical attacks. In the process the legal rights of had it coming to them!”)
poor folks might be ignored. The middle class are
also co-opted; they side with the elites rather than 4. CONDEMNATION OF THE CONDEMNERS-
the poor, thinking they might themselves rise to the Condemners are seen as hypocrites, or are
top by supporting the status quo. reaching out of personal spite, thus they shift
the blame to others, being able to repress the
F. DIFFERENTIAL OPPRESSION THEORY- John D. felling that their acts are wrong.(“They probably
Hewitt and Robert Regoli proposed that much did worse thing in their day!”)
serious juvenile delinquency is a product of the
oppression of children by adults, particularly w/in 5. APPEAL TO HIGHER LOYALTIES- The rules
the context of family. The maltreatment of children of the society often take a back seat to the
has been found to be highly correlated with both demands and loyalty to important others.(“My
serious and moderate delinquency as well as other friends depended on what was I going to do!”)
problem behaviors. Differential oppression Theory
argues that adult perception of children force youths J. LABELLING THEORY - This theory views that
into socially defined and controlled inferior roles, youths may violate the law for a variety of reasons,
including the socially constructed “juvenile including poor family relations, peer pressure,
delinquency” role that separates youthful and adult psychological abnormality, and pro-delinquent
offenders for treatment and control. learning experiences. Regardless of the cause of
individuals’ delinquent behaviors are detected, the
G. DIFFERENTIAL ASSOCIATION THEORY – Asserts offenders will be given a negative label that can
that criminal behavior is learned primarily w/in follow them throughout life. These label include
interpersonal groups and youths will become “troublemaker”, “juvenile delinquent”, “mentally ill”,
delinquent if definitions they have learned “junkie” and more.
favourable to violation the law exceed definitions
favourable to obeying the law w/in the group. This K. SOCIAL CONTROL THEORY (TRAVIS HIRSCH) –
theory was introduced by Edwin Sutherland. This perspective states that members in society
forms with in society or institution in society such as
H. SOCIAL LEARNING THEORY –This theory view parents, pro-social friends, churches, schools and
that behavior is modeled through observation, either teacher.
directly through intimate contact with others, or
indirectly through intimate contact with others, or L. SELF-DEROGATION THEORY- Introduced by
indirectly through media; interactions that are Kaplan states that all motivated to maximize our
rewarded are copied, where as those that are self-esteem, motivation to conform will be minimized
punished are avoided. The family may serve as a by family, school and peer interactions that devalue
training ground for violence since the child perceive our sense of self, interactions and behavior may be
physical punishment as the norm during conflict self-defacing or self-enhancing.
situations with others.
M. INTERACTIONAL THEORY - Originated by
I. DRIFT THEORY (NEUTRALIZATION THEORY) - Terrence Thornberry, he viewed that weakening of
Proposed that juveniles sense a moral obligation to a child’s social bond as the fundamental cause of
be bound by the law. Such a bind bet. A person and delinquency. The theory examined the changing
the law remain in place most of the time, they nature of relationships over the life course. It

Department
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emphasized the reciprocal nature between many of offender in the crime process. Criminal opportunity
the variables used to explain delinquency. is significantly influenced by the victim’s lifestyle
and behavior. The greater the opportunity for
N. SELF-CONTROL THEORY - In short, self-control criminals and victims to interact, the greater the
theory suggests that deviance simply results from probability of crime; reduce.
the individual’s inability to effectively control his/her
impulses. Self-control theory argues that it is the S. LEARNING THEORY - Posits that delinquency is
absence of self-control rather than the presence of learn through close relationships with others; it
some force or factor such as poverty, anomie, asserts that children are born ”good” and learn to
opportunities for deviance, delinquent peers, be “bad” from others. Learning theories hold that
exposure to definitions favorable to deviance, etc. children living in even the most deteriorated areas
that leads to deviance. can resist inducements to crime if they have
learned proper values and behavior. Delinquency,
O. CULTURE DEVIANCE THEORY - Links delinquent by contrast, develops by learning the values and
acts to the formation of independent subcultures behavior associated by criminal activity.
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.
P. STRUCTURAL FUNCTIONALISM THEORY -

Some social structures exert a definite pressure
upon certain persons in society to engage in non-
conforming rather than conforming behavior. These
structural and ideological dreams can cause great
distress for those who cannot reach these goals.
Juveniles who engage in crimes do so, according
to this perspective, as a means to defy societies
defined goals and innovate their own goals of
delinquent behavior.
Q. RATIONAL CHOICE THEORY - They argue 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.
R. ROUTINE ACTIVITIES THEORY – developed by

Lawrence Cohen and Marcus Felson. This theory
viewed that crimes is a normal function of the
routine activities of modern living; offense can be
expected if there is a motivated offender and
suitable target that is not protected by capable
guardians. This routine activities approach gives
equal weight to the role of both the victim and
offender in the crime process. 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
Department
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NOTA BENE: Sub-Culture – A group of people

who share a number of values and attitudes in
common.
e. Reiss found out that these delinquents are
relatively integrated. They have common
or similar characteristics.
f. John W. Kinch described these
delinquents as “pro-social” (do what
others are doing whether right or wrong)
g. Wattenberg and Balistries – in a study of
juveniles, they found out that these
delinquents usually come from intact
CHAPTER THREE family (middle class) and had strong peer
THE NATURE OF JUVENILE DELINQUENCY group ties with gang dedicated of having
fun.
Chapter’s Contents:
CHAPTER 3. NATURE OF DELINQUENCY B. GANG DELINQUENTS- Generally commit the
A. Types of Delinquency most serious infraction, is most often to a
B. Types of Delinquents correctional institution, and most often
C. Stages of Delinquency continuous in a pattern of semi professional
D. Pathway to Delinquency criminals behavior as adults. Reiss described
E. Classification of Delinquency these delinquents as “weak ego”. They are
F. Classification of Juvenile Offenders loyal gang members from poor residential
G. Juvenile Delinquent Tendencies areas; their families are more often large,
H. Dependent, Abandoned and Neglected broken and contain other delinquents member;
children they do poorly in school; they have high are of
I. Mentally retarded, physically handicapped, recidivism. They are the “defective super ego”
emotionally disturbed and mentally ill that do not internalize the norms of
children conventional society and experience little guilt
J. Adolescences, Peers and Delinquency over their delinquents
K. Gangs Delinquency
L. Drug, Youth and Delinquency C. MALADJUSTED DELINQUENTS - The activity
stems from the personality disturbance rather
Chapter’s Specific Objectives than gang activity slum residence. They are
At the end of the lesson, students should be able to: “weak ego”, the social (not sociable or selfish)
1. understanding on the nature of Juvenile and they experience early and severe parental
delinquency; rejection. They have poor personal relations
2. identify and differentiates the type of and suffer general social isolation. They are
delinquency and delinquent youth; disorderly, confused and not dependable with
3. Understand the stage and pathways of pathological disturbances.
delinquency;
4. identify the classification of juvenile offenders B. TYPES OF DELINQUENTS
and tier tendencies; 1. Occasional Delinquents=these delinquent
5. differentiates dependent, abandoned and participate in group. They have common or
neglected children; similar characteristics. They are “pro-
6. differentiates mentally retarded, physically social”(They do what other are doing)
handicapped, emotionally disturbed and 2. Gang Delinquents= generally commits the
mentally ill children; most serious infractions, is most often sent to a
7. understand peer-delinquency relationship; correctional institution, and most often
8. define and understand gangs delinquency; and continuous in a pattern of semi-professional
9. explain the effect drugs to youth and criminal behavior as an adult.
delinquency. 3. Maladjusted Delinquents = the activity stems
from personality disturbance rather than gang
activity or slum residence. They are having
“weak ego” “the social". Experienced early and
A. TYPES OF DELINQUENCY severe parental rejection.
A. OCCASIONAL DELINQUENTS - These types
delinquents participates in-groups. They have C. STAGES OF DELINQUENCY
common or similar characteristics. They are
“pro-social” (They do what other is doing).
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1. EMERGENCE. The child begins w/petty school by any juvenile subjected to

larceny between 8 and sometime during the compulsory education.
12th year. c. Repeated Disregarding or misuse of
2. EXPLORATION. He then may move on to lawful parental authority - Repeated
shoplifting and vandalism between ages 12 to disobedient behavior on the part of
14. juvenile or a pattern of unreasonable
3. EXPLOSION. At age 13, substantial increase demands is on the part of the parents that
in variety and seriousness. create a family conflict clearly evidencing
4. CONFLAGRATION. At around 15, four or more need for service.
types of crime are added. d. Repeated use of Intoxicating Beverages -
5. OUTBURST. Those who continue on Repeated possession and or consumption
adulthood will progress into more sophisticated of intoxicating beverage by a juvenile.
or more violent forms of criminal behavior. e. Repeated Running Away From Home -
Running away is a juvenile’ unauthorized
absences from home.
D. PATHWAY TO DELINQUENCY (Keyword: ACO) f. Other delinquent acts committed by a
1. AUTHORITY-CONFLICT PATHWAY. Begins juvenile below 9 years old
at early age w/ stubborn behavior. This leads
to defiance and then to authority avoidance. 2. DEPENDENT OR NEGLECTED OFFENDERS
2. COVERT PATHWAY – Begins w/minor, - These are product of parent who abandoned
underhanded behavior that leads to property or failed to take care properly for them. Parents
damage. This behavior eventually escalates to lack physical, emotional and financial abilities
more serious form of criminality. to provide for their children.
3. OVERT PATHWAY - Escalates to aggressive
acts beginning w/ with aggression and leading H. TYPES OF YOUTH BEHAVIOR DISORDER
to physical fighting and then to violence. 1. Anti Social Behavior – it may be best
characterized by disobedience and
E. CLASSIFICATION OF DELINQUENCY (Keyword: disrespect for authority.
USO) 2. Truancy – student failing to attend tier
1. UNSOCIALIZED AGGRESSION - Rejected or classes for 20 days without any
abandoned no parent to imitate and become reasonable cause.
aggressive. 3. Vagrancy - refers to children who are
2. SOCIALIZE DELINQUENCY - Membership of unable to cope with their family life and
fraternities or groups that advocate bad things. chooses to leave the family home. This is
3. OVERT-INHIBITED - Group secretly trained to a direct result of feeblemindedness,
do illegal activities, like marijuana cultivation. disagreeable home conditions, broken
homes and misdirected fancy for
F. JUVENILE DELINQUENT TENDENCIES (Keyword: adventures.
MNNH) 4. Emotional Disorder – Such behavior is
1. Malicious - Expression of defiance related to fear reactions, temper tantrums
2. Negativistic - Changeable attitudes like not and jealousy reactions.
being satisfied in status 5. Lying – the penchant for not telling the
3. Non-utilitarian - Vandalistic attitude like graffiti. truth clearly manifest that the following
4. Hedonistic - Doing bad thing for pleasure. are lacking: love, security, attention,
respect, acceptance, praise and
G. CLASSIFICATION OF JUVENILE OFFENDERS happiness.
1. STATUS OFFENDERS - They tend to place 6. Stealing – This criminal act comes from
the blame to their parents, regarding the loose morals in the home, lack of
problem they have. They feel that they need economic security wherein the parents
the warm acceptance and meaningful are unable to provide for the needs of tier
relationship with parental figure is not satisfied children, undisciplined desire for
even though their material needs have been possession and pleasure seeking and
provided very well. They rejected and parental indifference.2
neglected. They fell unloved and full of internal
turmoil. I. CAUSES OF BEHAVIORAL DISORDER
CATEGORIES OF JUVENILE OFFENDERS

2
(Keyword: SDIR) Juvenile Delinquency and Crime Prevention, Dean
b. School truancy- a pattern of repeated or Ricardo M. Guevara and Dean Felipe S. Bautista,
habitual unauthorized absences from Page 9.
Department
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1. Predisposing Factors – internal b. Voluntary commitment through the

propensities which may not be considered relinquishment of parental guardianship rights.
as a criminal act unless the attempt was
made. L. MENTALLY RETARDED, PHYSICALLY
2. Precipitating Factors – refers to conditions HANDICAPPED, EMOTIONALLY DISTURBED
and elements which provokes comes or AND MENTALLY ILL CHILDREN
factors- such as personal problems,
curiosity, ignorance, necessaries and A. MENTALLY RETARDED CHILDREN
diseases.3 a. Socially incompetent, that is socially
inadequate and occupationally
J. DEPENDENT, ABANDONED AND incompetent and unable to manage their
NEGLECTED CHILDREN own affairs.
Dependent Child. One who is without a parent, b. mentally subnormal
guardian or custodian, or one whose parents, c. retarded intellectually from birth or early
guardian or other custodian for good cause age
desires to be relieved of his care and custody; d. retarded at maturity
and is dependent upon the public for support. e. mentally deficient as a result of
orphans who go for begging or dependent constitutional origin, through heredity or
upon the public for support. disease
f. essentially incurable
Abandoned Child. One who has no proper
parental care or guardianship, or whose B. CLASSIFICATION OF MENTAL
parents or guardians have deserted him for a RETARDATION
period of at least six continuous months. They a. Custodial Group. Members of this
were not given parental guidance or parental classification are severely or profoundly
care of at least 6 months. retarded, hence, the least capable group.
This include those with I.Q. is to 25.
Neglected Child. Paying too little attention, or b. Trainable Group. Members of this group
fail to extend obligation or responsibilities. One consists of those with I.Q. from about 25
whose basic needs have been deliberately to about 50; one who belongs to this
unattended or inadequately attended. Neglect group shows a mental level and rate of
may occur in two ways: development which is 1/4 to 1/2 that of
a. Physical Neglect – when child is average child. Is unable to acquire higher
malnourished, ill clad and without academic skills but can usually acquire
proper shelter. the basic skills for living to a reasonable
b. Emotional Neglect – when children degree. He can likewise attain a primary
are maltreated, raped or seduced; grade level of education if he receives
when children are exploited. effective instructions.
Overworked or made to work to c. Educable Group. This group’s IQ ranges
conditions not conducive to good from 50 to about 75 and the intellectual
health; made to beg in the streets or development is approximately 1/2 to 3/4
public places, when children are in of that expected of a normal child of the
moral danger or exposed to same chronological age. The degree of
gambling, prostitution and other success or accomplishment that they will
vices. reach in life depends very much on the
quality and type of education that they will
K. COMMITMENT OR SURRENDER of a child is a receive, as well on the treatment at home
legal act of entrusting a child to the care of the and in the community.
DSWD or any duly licensed child placement agency d. Borderline or Low Normal Group. This is
or individual. It may be: the highest group of mentally retarded
a. Involuntary commitment, in a case of a with IQs from about 75 to about 89. The
dependent child, or through termination of members of this classification are only
parental guardianship rights by reason of slightly retarded and they can usually get
abandonment, substantial and repeated by in regular classes if they receive extra
neglect and or parental incompetence to care, guidance and consideration.
discharge parental responsibilities.
B. Physically Handicapped Children. Are those who are
3
Juvenile Delinquency and Crime Prevention, Dean crippled, deaf-mute, blind or otherwise defective with
Ricardo M. Guevara and Dean Felipe S. Bautista, restricts their means of action or communication with
Page 9. others.
Department
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delinquency is committed in groups, it is

C. Emotionally Disturbed Children. Although not afflicted because “birds of the same feather flock
with insanity or mental defect, are unable to maintain together” and not because deviant peers
normal social relations with others and the community in cause otherwise law-abiding youths to
general due to emotional problems or complexes. commit a crime.
2. Social Kids - The delinquency experience
D. Mentally Ill Children. Are those with behavioral marked by close peer group support. Kids
disorder, whether functional or organic, which is of such who maintain friendship with antisocial
degree of severity as to require professional help or friends are more likely to become
hospitalization. delinquent regardless of their own
E. Disabled Children. Shall include mentally retarded, personality makeup of the type of
physically handicapped, emotionally disturbed and supervision they receive at home.
severe mentally ill children. 3. Interactive Kids - Peers and delinquency
are mutually supporting. As children move
M. ADOLESCENCES, PEERS AND DELINQUENCY through the life course, friends will
influence their behavior and their behavior
A. ADOLESCENCE define - A transition stage will influence heir peers.
between childhood (12-18 years old) and
adulthood the period of life as turbulent, E. DELINQUENT PEER - The weight of the
emotional an filled with storm and stress empirical evidence indicate the youths who are
brought on by various biological changes of loyal to delinquent friends, belong to a gang,
puberty. Adolescent violence is found in have bad companions, and are otherwise
joblessness and economic deprivation. involved with deviant peers are the ones most
Psychologists have long recognized likely to commit a crime.
that as children mature, the nature of their
friendship pattern also evolves. While patterns N. GANGS –
are the primary source of influence and A. CHARACTERISTICS OF GANG
attention in children’s early years, children 2. Organization - creation of an
seek out a stable peer group. administrative body.
3. Leadership – gangs have established
B. CAUSES OF ADOLESCENT VIOLENCE leaders, like militaristic or mafia style
1. Child abuse/neglect model – the top authority positions
2. Drug abuse/drug abuse analogous to that of the highest ranking
3. Parental violence officer in a military unit, rule by force by
the leader who is usually older, stronger
C. ORIGIN OF ADOLESCENT VIOLENCE and reversed by gang members.
1. Social disorganization- The breakdown of 4. Turf – Particular territory or neighborhood
social control among the traditional crossing turf boundaries and entering
primary groups such as family and the another gang territory.
neighborhood. 5. Cohesiveness – share privacies with one
2. Poverty- Study shows that most another than their non-delinquents to
delinquents come from families below the believe they can trust their friends and
poverty line. A child from poor family have have their trust on their friends.
many frustrations from which pushes him
to become delinquents to satisfy his B. PURPOSE – delinquent gangs have been
leading him to think the society is unfair. typically though to exist for the purpose of
3. Influence of the media- One moral value committing offense.
had gone down to a very low level brought
about by the proliferation of old films and C. TRAITS OF GANG
violence exhibition in all parts of the 1. Competitiveness – The child growing up
country. in a slum area learns to compete for
4. Influence of other people- Youth is the scarce resources for survival.
stage where the individual character and 2. Mistrust – The child learns that he cannot
sense of values are so fragile that easily have confidence in others, who will
influence by people around him. always put themselves first.
3. Self-reliance – The individual learns to
D. THREE VERSION OF PEER-DELINQUENCY count on no-one but himself, and that any
RELATIONSHIP assistance has cost.
1. Antisocial Adolescents - Seeks like-
minded peers for criminal association. If
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4. Social isolation – The individual learns not

to become emotionally attached to others,
for they will only lead to pain.
5. 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 be dragged down.
6. Defiant air – the individual makes it clear
to authority figures that he will not knuckle
under.
O. DRUG, YOUTH AND DELINQUENCY

A. ADOLESCENT DRUG USE- marijuana, shabu;
etc.
B. CAUSE OF ADOLESCENT’S DRUG USE-
interacting with members of certain groups,
people learn definitions of behavior as good as
or bad. Exposed to role models, approval of
drug use by peers and the perceived positive
or pleasurable effects of the drug itself.
C. DRUG CRISIS- A turning point of worst or
decisive change
a. The more an adolescent uses drugs, the
more likely it is that he will come to the
attention of the juvenile justice system.
b. The more the adolescent uses drugs,
including alcohol, the more likely it is that
he become physically and psychologically
dependents on drugs.
c. The more that the adolescent is physically
and psychologically dependent on drugs,
the more likely it is that he will commit
delinquent acts to support the drug habit.
d. The more that the adolescent is physically
and psychologically dependent on drugs,
the more likely it is that he will become
involved in highly delinquent peer culture.
e. The more an adolescent commits
delinquent acts and is involved in a highly
delinquent subculture, the more likely it is
that he will be adjudicated delinquent and
be placed under the supervision of the
juvenile court.
D. OTHER CAUSES OF ADOLESCENT DRUG

USE:
1. For the sake of ‘pakikisama” that in order
not to be kicked out by them, he has to go
for drug using.
2. To make him brave of doing thing done by
himself (pickpocket, snatching, theft, etc.)
3. Curiosity
4. To relieve hunger
5. To escape problem from home

Department
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b. Despair – after a few days, child

becomes withdrawn, sucks thumb
c. Detachment – loses interest in
parents, and is not concerned
whether they are there or not.
5. Discipline in the Home - Inadequate
supervision and discipline in the home
have been commonly cited to explain
delinquent behavior. The type of discipline
employed in the home affects delinquent
behavior, for both strict and punitive; lax
and erratic disciplines are associated with
CHAPTER FOUR high rates of delinquency. Discipline in the
CAUSATION OF JUVENILE DELINQUENCY Home maybe:
(THE ROLE OF DIFFERENT SECTOR) a. A loving, friendly and just home
that breeds a Conforming
Chapter’s Contents: Behavior.
A. Family b. A loving, liberal, and open-
B. School minded home that breeds
C. Law Enforcement Critical behavior
D. Mass Media c. A loveless, lonely and
Other Department or Agencies of the problematic home life that
Government breeds Deviant Behavior
Chapter’s Specific Objectives 6. Broken Family - Broken home is in which

At the end of the lesson, students should be able to: one or both parents are absents due to
1. understand the different factors are affecting divorce or intentional separation of
children’s behavior; and parents. Children in these kinds of
2. appreciates Parental advices and school environment are prone to antisocial
disciplinary actions. behavior. This does not refer to the
separation of parents leaving their
children behind, but includes the presence
of parents who are irresponsible that
I. FAMILY AND DELINQUENCY –The family or home children experience constant quarrel in
is one of the most influential environment factors the home. Broken homes are associated
that would lead a person to a law abiding or with an increase risk in deviant behavior.
criminals 7. Relations Between Parents and Children
8. Family Models
A. FAMILY STRUCTURE a. The Corporate Model
1. Child birth order in the family - Birth order  Father – chief executive
affects the delinquent behavior with officer
delinquency more likely among middle  Mother – operating officer
children than last or first children.  Children – staff
2. Family size - Parents in large families b. The Team Model
tend to have more difficulty in disciplining  Father – coach/manager
and supervising their children than  Mother – cheerleader/trainer
parents with smaller families.  Children – athletes
3. Quality of home life - Poor family home c. The Military Model
life measured by marital adjustment and  Father – general
harmony within home, affects the rate of  Mother – guard on
delinquent behavior among children more duty/medics
than whether or not the family is intact.  Children – grunts
Happiness of marriage and good marital d. Boarding School Model
relationships and strong family  Father – rector or head
cohesiveness in homes is the key whether master
or not the children become delinquent  Mother – dorm counselor
4. Family rejection  Children – students
a. Protest – cries and screams for e. The Theatrical Model
mother, shows panic, clings when  Father – producer or director
she visits and howl when she leaves.  Mother – stage manager
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 Children – actors 3. The fathers of the children of single-

mothers may have criminal behavior or
B. TYPE OF PARENTAL ABUSER alcoholism which may have influenced
1. Parental incompetent abuser- The their children prior to family-breakdown
practice of disciplining the children the
child in the same way they are disciplined.
Parent thinks that mere abusing their
children could be of way to discipline.
Example: hanging the child wrapped with
sack and knotting hands too tight.
2. Situational Abuser- some parents only
abuse their children when they confronted
with a particular circumstances develop. MARRIAGE
3. Accidental Abuser- Exercise poor Marriage is a special contract of permanent
judgment in their parenting decision. union between a man and a woman entered into in
Administering enemas to children to accordance with law for the establishment of
discipline them.
conjugal and family life. It is the foundation of the
4. Subculture abuser- In some subcultures,
the member believes that committing family and an inviolable social institution whose
violence against children has inherent nature, consequences, and incidents are governed
positive value. Punishing sons to make by law and not subject to stipulation, except that
good Christians. marriage settlement may fix the property relations
5. Self- indentified Abuser- Some parents during the marriage within the limits provided by the
know they are abusive. They know that if Family Code.
their child rearing practices were know to
the authorities, they would be censured. Two Aspects of Marriage
Many of these parents want to stop 1. It is a special contract
abusing their children but cannot, and are
2. It is a status or a relation or an institution.
afraid to make their discipline practices
known.
6. Institutionally prescribed abuser- Principles of Marriage
sometimes abuses occur in institutions 1. Union – Physical and spiritual mating
because of beliefs on which these 2. Of one man with one woman – This is
institutions are grounded. Children who monogamy, which is the ideal marriage.
misbehaved in school are locked in a 3. Reciprocal Blessing – marriage is a 50-50
closet and denied food. proposition
4. Birth – One purpose of marriage is the
C. EFFECTS OF FAMILY BREAKDOWN TO THE procreation of children.
CHILDREN:
5. Rearing – The care of both parents is
1. Being brought up by one parent instead of
two decreases the amount of surveillance essential.
which protects against delinquency. 6. Education of Children - It is the natural
2. Divorce plunges the family into poverty, right of parents to educate their children.
which is associated with deviance and a. Ordinary contracts are mere contracts; a
forces the family to find accommodation in marriage contract is also a social
a high delinquency area. institution.
3. People who divorce are less stable
character than normal, and pass their
instability onto their children.
b. In ordinary contracts, the agreements
entered into usually depend on the
A. SINGLE PARENT FAMILY – the following are stipulations agreed into by the contracting
the effects of Single-Parent family: parties unless those stipulations are
1. Single parent are much more likely to be
living in poverty, or living in a high- against the law, against public policy,
delinquency area than are married against public order, against morals,
persons. against good customs. In marriage, the
2. Single-parent may find it more difficult to nature and consequences, as well as
control their children during late childhood
and adolescence. incidents, are governed by law – except
with reference to marriage settlements.
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c. The age of ordinary contracts is the age of crew members may also be solemnized
majority; for marriage the age varies. not only while the ship is at sea or the
plane in flight, but also during stopovers at
d. An ordinary contract may end either thru ports of call.
express provision of the law, thru h. Any military commander of a unit to which
expiration of the term for which the a chaplain is assigned, in the absence of
contract was agreed upon, thru fulfillment the latter, during a military operation. A
of the purpose for which the contract was military commander of a unit who is a
entered into, or thru mutual agreement by commissioned officer, shall likewise have
the parties concerned. In marriage, only the authority to solemnize marriages in
death or annulment for legal causes articulo mortis between persons within the
dissolves the marriage contract. zone of military operation, whether
members of the armed forces or civilians.
ESSENTIAL REQUISITES OF MARRIAGE i. Any consul-general, consul or vice-consul.
1. Legal capacity of contracting parties who must Marriages between Filipino citizens abroad
be male and a female. may be solemnized and the issuance of
a. This means that the parties must have the the marriage license and the duties of the
necessary age or the necessary consent local civil registrar and the solemnizing
of parents in certain cases. officer with regard to the celebration of
Age 18-21 – Needs parental consent marriage shall be performed by said
Age 22-25 – Needs parental advise consular official.
b. There must be no impediment caused by a j. Under the Family Code, governors,
prior existing marriage or by certain mayors and ambassadors are not
relationships by affinity or consanguinity. authorized to perform marriages. However,
under the Local Government Code,
2. Consent freely given in the presence of the mayors are now authorized to perform
solemnizing officer. marriages within their jurisdiction.
1. Consent refers to the consent of the
contracting parties, not parental consent. 2. Valid marriage license
2. Consent is required because marriage is a - The license shall be valid in any part of the
contract, a voluntary act. Philippines for a period of one hundred
3. If there is a consent, but it is vitiated by twenty days from the date of issue, and
error, fraud, intimidation, force, etc., the shall be deemed automatically cancelled
marriage is not void; it is merely voidable, at the expiration of said period if the
which is valid until annulled. contracting parties have not made use of
4. If there is no absolutely no consent, or it.
when the parties did not intend to be - No marriage license shall be issued to a
bound, the marriage is void. widow after three hundred days following
the death of her husband, unless in the
Formal Requisites of Marriage meantime she has given birth to a child. he
1. Authority of Solemnizing Officer purpose ids to prevent doubtful paternity.
e. Any incumbent member of the judiciary
within the court’s jurisdiction. The following cases are exception from having a
f. Any priest, rabbi, imam or minister of any license:
church or religious sect duly authorized by 1. Marriage in Articulo Mortis. In case either or
his church or religious sect and registered both of the contracting parties are at the point
with the civil registrar general, acting within of death, the marriage may be solemnized
the limits granted to him by his church and without the necessity of a marriage license and
provided that one of the contracting parties shall remain valid even if the ailing party
belongs to the solemnizing officer’s church subsequently survives.
or religious sect. 2. Marriage in remote places. If the residence of
g. Any ship captain or airplane chief only in either party is so located that there is no means
cases of articulo mortis. A marriage in of transportation to enable such party to appear
articulo mortis between passengers or personally before the local civil registrar.
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3. Marriage of people who have previously 1. Those contracted by any party below eighteen
cohabited for at least 5 years. No license shall years of age even with the consent of parents
be necessary for the marriage of a man and a or guardians.
woman who have lived together as husband 2. Those solemnized by any person not legally
and wives for at least five years and without authorized to perform marriages unless such
any legal impediment to marry each other. The marriages were contracted with either or both
contracting parties shall state the foregoing parties believing in good faith that the
facts in an affidavit before any person solemnizing officer had the legal authority to do
authorized by law to administer oaths. so.
4. Marriages between pagans or Muslims, who 3. Those solemnized without a license
live in non-Christian provinces, and who are 4. Those bigamous or polygamous marriage
married in accordance with their customs. 5. Those contracted through mistake of one
contracting party as to the identity of the other.
3. A marriage ceremony. It shall be held with the 6. Those subsequent marriage that are void.
appearance of the contracting parties before A marriage by any party who, at the time of
the solemnizing officer and their personal celebration, was psychology incapacitated to
declaration that they take each other as comply with the essential marital obligations of
husband and wife in the presence of not less marriage, shall likewise be void even if such
than two witnesses. incapacity becomes manifest only after its
- The absence of any of the essential or solemnization.
formal requisites shall render the marriage
void ab initio. By reason of Public Policy
- A defect in any of the essential requisites a. Between collateral blood relatives, whether
shall render the marriage voidable. legitimate or illegitimate, up to the fourth
- An irregularity in the formal requisites shall civil degree
not affect the validity of the marriage but b. Between step-parents and step-children
the party or parties responsible for the c. Between parents-in-law and children-in-
irregularity shall be civilly, criminally and law
administratively liable. d. Between the adopting parent and adopted
child
Some Other Consequences of Marriage e. Between the surviving spouse of the
1. Marriage emancipates a person from parental adopting parent and adopted child
authority as to person. As to property, there is f. Between the surviving spouse of the
an incomplete emancipation. adopted child and the adopter
2. A husband and a wife can chastise or g. Between an adopted child and a legitimate
reprimand each other, but may not inflict force, child of the adopter
except when either catches the other in the act h. Between adopted children of the same
of sexual intercourse with a stranger. adopter
3. The Marriage Privilege Rule. A husband cannot i. Between parties where one, with the
be examined for or against his wife without her intention to marry the other, killed the other
consent; or the wife against her husband person’s spouse, or his own spouse.
without his consent, except in civil cases by
one against the other, or in a criminal case for Other Void marriage
a crime committed by one against the other. a. Marriages in play, drama or movie
4. The Marital Communication Rule. The husband b. Marriages between two boys and two girls
or wife during the marriage or afterwards, c. Marriages in jest
cannot be examined without the consent of the d. Common law marriages.
other as to any communication received in
confidence by one from the other during the Impediments in marriage
marriage. a. Diriment Impediment. They make the
5. A wife should use the husband’s surname. marriage void.
1. Close blood relationship
Void and Voidable Marriage 2. Prior existing marriage.

Department
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b. Prohibitive Impediment. They do not affect 4. Final judgment sentencing the respondent
the validity of marriage, but criminal to imprisonment of more than six years,
prosecution may follow. even if pardoned.
c. Absolute Impediment. Here the person 5. Drug addiction or alcoholism of the
cannot marry at all. respondent
1. When one is below the required age 6. Lesbianism or homosexuality of the
of 18 respondent
d. Relative Impediment. Here the prohibition 7. Contracting by the respondent of a
is only with respect to certain persons. subsequent bigamous marriage, whether
in the Philippines or abroad
8. Sexual infidelity or perversion
Annulment and Legal Separation 9. Attempt by the respondent against the life
1. Non-age of the petitioner
2. Unsoundness of mind. That either party 10. Abandonment of the petitioner by
was found unsound mind, unless such respondent without justifiable cause for
party, after coming to reason, freely more than one year.
cohabitated with the other as husband and
wife. Annulment Legal Separation
3. Fraud. There is fraud when, thru insidious a. the marriage is a. there was no
words or machinations of one of the defective at the defect in the
contracting parties, the other is induced to very beginning marriage at the
enter into a contract which, without them b. the cause for beginning
he would have not have agreed to. annulment must b. the cause for
4. That the consent was obtained by force, be already legal separation
intimidation or undue influence. existing at the arises after the
5. That either party was physically incapable time of marriage
of consummating the marriage with the marriage celebration
other, and such incapacity continues and c. there are seven c. there are ten
appears to be incurable grounds for grounds for
6. That either party was afflicted with a annulment legal separation
sexually transmissible disease found to be d. annulment d. the marriage
serious and incurable. dissolves the remains
marriage bond;
Legal Separation the parties are
free to marry
Two kinds of Divorce again
1. Absolute divorce – Marriage is dissolved.
2. Relative divorce or Legal Separation – Family Home
Marriage is not dissolved; here, the parties The family home, constituted jointly by the
are merely separated from bed and board husband and wife or by unmarried head of the
family, is the dwelling house where they and their
Grounds for legal Separation family reside, and the land on which it is situated.
1. Repeated physical violence or grossly 1. Beneficiaries of a family home
abusive conduct directed against the a. The husband and wife, or an unmarried
petitioner, a common child, or a child of head of the family
the petitioner. b. Their parents, ascendants, descendants,
2. Physical violence or moral pressure to brothers and sisters, whether the
compel the petitioner to change religious relationship be legitimate or illegitimate,
or political affiliation. who are living in the family home and who
3. Attempt of the respondent to corrupt or depend upon the head of the family for
induce the petitioner, a common child, or a support.
child of the petitioner, to engage in
prostitution, or connivance in such Family home shall be exempted from execution,
corruption or inducement. forced sale or attachment, except:
Department
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a. For non payment of taxes - An illegitimate child who has given the
b. For debts incurred prior to the constitution rights of a legitimate child, provided the
of the family home following requisites are present:
c. For debts secured by mortgages on the a. Conceived and born outside wedlock of
premises before or after the constitution parents who at the time of the conception
d. For debts due to laborers, mechanics, of the child, were not disqualified by any
architects builders, material men and impediment to marry each other.
others who have rendered service or b. A subsequent valid marriage between
furnished materials for the construction of parents. If a marriage is voidable but
the building. subsequently annulled, the legitimation
remains valid, for after all, a voidable
marriage is valid until annulled.
Paternity and Filiations Adoption
Filiations is the judicial determination of Adoption is defined as the process of making a
paternity which is the relation of child to father. The child, whether related or not to the adopter, possess
filiations of children may be by nature or by in general, the rights accorded to a legitimate child.
adoption. Natural filiations may be legitimate or Generally, only minors are adopted, except in
illegitimate. cases when the adoption of a persons of majority
Distinction between Paternity and Filiations age is allowed.
While paternity is the civil status relationship of
the father to the child, filiations is the civil status or Qualification of an Adopter
relationship of the child to the father. a. A person of age and in possession of full
civil capacity and legal rights may adopt,
Legitimate Child provided he is in the position to support
One conceived or born during the and care for the children in keeping with
marriage of the parents. Legitimacy of a child may the means of his family
be impugned only on the following grounds: b. He must be at least 16 years older than
a. That it was physically impossible for the the person to be adopted, unless the
husband to have sexual intercourse with adopter is the parent by nature of the
his wife within the first 120 days of the 300 adopted.
days which immediately preceded the birth
of the child because of: The following persons may not adopt
1. the physical incapacity of the husband a. The guardian with respect to the ward prior
to have sexual intercourse to the approval of the final accounts
2. the fact that the husband and wife rendered upon termination of their
were living separately that sexual guardianship status.
intercourse is impossible b. Any person who has been convicted of a
3. serious illness of the husband, which crime involving moral turpitude
absolutely prevented sexual c. An alien, except:
intercourse. d. A former Filipino citizen who
b. That it is proved that for biological or other seeks to adopt a relative by
scientific reasons, the child could not have consanguinity.
been that of the husband. e. One who seeks to adopt
c. That in case of children conceived through legitimate child of his or her
artificial insemination, the written Filipino spouse; or
authorization or ratification of either parent f. One who is married to a Filipino
was obtained through mistake, fraud, citizen and seeks to adopt jointly
violence, intimidation or undue influence. with his or her spouse a relative
by consanguinity of the latter.
Illegitimate Child
- One who was conceived and born outside Husband and wife must jointly adopt, except in
a valid marriage. following cases:
a. When one spouse seeks to adopt his own
Legitimated Child illegitimate child
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b. When one spouse seeks to adopt the b. The parental authority of the parents by
legitimate child of the other. nature over the adopted shall be
terminated and be vested in the adopters,
In case husband and wife jointly adopt or one except that if the adopter is the spouse of
spouse adopts the illegitimate child of the other, the parents by nature of the adopted,
joint parental authority shall be exercised. parental authority shall be exercise jointly
Joint parental authority is exercised if the by both spouse;
husband and wife jointly adopts and one spouse c. The adopted shall remain intestate heir of
adopts the legitimate child of the other. In case his parents and other blood relatives.
there is a disagreement in the exercise of such
joint parental authority, the father’s decision shall Legitime
prevail, unless there is a judicial order to the a. The legitime of each legitimate child is half
contrary. of the parents state divided by the number
of children. The legitime must always be
The following may not be adopted given unless the child is validly disinherited
a. A person of legal age, unless he or she is for a legal cause. The free portion of the
the child by nature of the adopter or his or property may also be given to the children
her spouse, or prior to the adoption, said to any of them.
person had been consistently considered b. If the child dies ahead of his father, the
and treated by the adopter as his or her heir of the child can get the child’s legitime
own child during minority; from the father’s estate in the testamentary
b. An alien with whose government the succession.
Republic of the Philippines has no
diplomatic relations; Parental Authority (Patria Potestas)
c. A person who has already been adopted It is the sum total of the right of parents over
unless such adoption has been previously the persons and property of their children. Children
revoked or rescinded shall always observe respect and reverence
towards their parents and are obliged to obey them
The written consent of the following to the adoption as long as the children are under parental authority.
shall be necessary - In case of absence or death of either
a. The person to be adopted, 10 years of age parent, the parent present shall continue
or over. exercising parental authority.
b. The parents by nature of the child, the - In case of separation of parents, parental
legal guardian, or the proper government authority shall be exercised by the parent
instrumentality; designated by the court. The Court shall
c. The legitimate and adopted children, 10 take into account all relevant
years of age or over, of the adopting consideration, especially the choice of the
parents; child over seven years of age, unless the
d. The legitimate children, 10 years of age or parent chosen is unfit.
over, of the adopting parents, if living with - In case of death, absence or unsuitability
said parent and the latter’s spouse if any; of the parents, parental authority shall be
and exercised by the following in the order
e. The spouse, if any of the person adopting indicated: 1) the surviving grandparent; 2)
or to be adopted. The oldest brother or sister, over twenty-
one years of age, unless unfit or
Effects of Adoption disqualified; and 3) the child’s actual
a. For civil purposes, the adopted shall be custodian over twenty-one years of age,
deemed to be legitimate child of the unless unfit of disqualified.
adopters and both shall acquire the
reciprocal rights and obligations arising II. SCHOOL AND DELINQUENCY - School have
from the relationship of parents and child, become territory contested by juvenile members
including the right of the adopted to use and organized drug dealing gangs. Misbehavior
the surname of the adopters; students defy teachers and refuse to be corrected.
The school should encourage parents for school
visits, involve parents in fund raising events, host
Department
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social gathering for parents and children and also

encourage parents to involve in the academic
training of the youngster.
The general path towards occupational IV. THE ROLE OF MASS MEDIA. – The mass media
prestige is education, and when youth are deprived shall play an active role in the promotion of child
of this avenue of success through poor school rights, and delinquency prevention by relating an
performance there is a greater likelihood of active message through a balanced approach.
delinquent behavior. 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. In all publicity
concerning children, the best interest of the child
A. CAUSES OF JUVENILE DELINQUENCY IN should be the primordial and paramount concern.
SCHOOL Any undue, inappropriate and sensationalized
1. Favoritism(unequal treatment in school) publicity of any case involving a child in conflict with
2. Discrimination the law is hereby declared a violation of the child’s
3. High gap between the teacher and the rights. (Section 14, Republic Act No. 9344).
students
4. Unfavorable fines imposed by the school
5. Grave disciplinary punishments
6. Insulting students without valid or
justifiable reason
7. No consideration despite of warning given
8. Poor academic performances which leads
to dropping outs.
B. WHY STUDENTS DROPPED OUT?

1. They simply did not like the school or
because they want to get job
2. They cannot get along with teachers. Had
expelled or were under suspension.
3. Because of poverty or family dysfunction
4. Female dropped outs left school because
they are pregnant or had already given
birth to a child.
III. POLICE AND DELINQUECY - The police

department is responsible for the implementation of
existing laws regulating the behavior activities of
minors. The structure and organization for juvenile
court unit in the police department has to establish
a separate functional unit which is responsible for
matters relating to juveniles. Thus, the juvenile unit
of a police department performs a supportive type
activity. The juvenile specialist supports the field
investigation for the most part.
A. OFFENSES USUALLY COMMITTED BY

MINORS:
1. Violating of curfew hours
2. Use of rugby/ volatile substance
3. Stow away- hideaway or to conceal
oneself on a conveyance
4. Theft
5. Physical injury
6. Drunkenness
7. Anti – smoking
8. Disobedience to parents
9. Lost and found
10. Malicious mischief
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nationalism, and encourage their involvement

in public and civic affairs.
(b) The State shall protect the best interests of the
child through measures that will ensure the
observance of international standards of child
protection, especially those to which the
Philippines is a party. Proceedings before any
authority shall be conducted in the best interest
of the child and in a manner which allows the
child to participate and to express
himself/herself freely. The participation of
children in the program and policy formulation
CHAPTER FIVE and implementation related to juvenile justice
GOVERNING PRINCIPLES OF REPUBLIC ACT NO. and welfare shall be ensured by the concerned
9344 government agency.
(Juvenile Justice and Welfare Act of 2006) (c) The State likewise recognizes the right of
children to assistance, including proper care
Chapter’s Contents: and nutrition, and special protection from all
forms of neglect, abuse, cruelty and
I. Definition of Terms
exploitation, and other conditions prejudicial to
II. Principles in the Administration of
their development.
Juvenile Justice and Welfare
(d) Pursuant to Article 40 of the United Nations
System Convention on the Rights of the Child, the
III. Structure in the Administration of State recognizes the right of every child
Juvenile Justice Welfare alleged as, accused of, adjudged, or
IV. Prevention of Juvenile delinquency recognized as having infringed the penal law to
V. Comprehensive Juvenile be treated in a manner consistent with the
Intervention Program promotion of the child's sense of dignity and
VI. Treatment of children below the worth, taking into account the child's age and
Age of responsibility desirability of promoting his/her reintegration.
VII. Juvenile Justice and Welfare Whenever appropriate and desirable, the State
System shall adopt measures for dealing with such
VIII. Prosecution children without resorting to judicial
IX. Court Proceedings proceedings, providing that human rights and
X. Rehabilitation and Reintegration legal safeguards are fully respected. It shall
XI. Exempting Provisions ensure that children are dealt with in a manner
XII. Prohibited Acts appropriate to their well-being by providing for,
XIII. Penal Provisions among others, a variety of disposition
measures such as care, guidance and
XIV. Implementing Rules and
supervision orders, counseling, probation,
Regulation of RA n. 9344Parental
foster care, education and vocational training
advices and school disciplinary actions.
programs and other alternatives to institutional
care.
(e) The administration of the juvenile justice and
LESSON 1 welfare system shall take into consideration
TITLE, POLICY AND DEFINITION OF TERMS the cultural and religious perspectives of the
Filipino people, particularly the indigenous
Section 1. Short Title and Scope. - This Act shall be peoples and the Muslims, consistent with the
known as the "Juvenile Justice and Welfare Act of protection of the rights of children belonging to
2006." It shall cover the different stages involving these communities.
children at risk and children in conflict with the law from (f) The State shall apply the principles of
prevention to rehabilitation and reintegration. restorative justice in all its laws, policies and
programs applicable to children in conflict with
SEC. 2. Declaration of State Policy. - The following State the law.
policies shall be observed at all times:
(a) The State recognizes the vital role of children SEC. 3. Liberal Construction of this Act. - In case of
and youth in nation building and shall promote doubt, the interpretation of any of the provisions of this
and protect their physical, moral, spiritual, Act, including its implementing rules and regulations
intellectual and social well-being. It shall (IRRs), shall be construed liberally in favor of the child in
inculcate in the youth patriotism and conflict with the law.
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(g) "Court" refers to a family court or, in places

SEC. 4. Definition of Terms. - The following terms as where there are no family courts, any regional
used in this Act shall be defined as follows: trial court.
(a) "Bail" refers to the security given for the (h) "Deprivation of Liberty" refers to any form of
release of the person in custody of the detention or imprisonment, or to the placement
law, furnished by him/her or a bondsman, of a child in conflict with the law in a public or
to guarantee his/her appearance before private custodial setting, from which the child in
any court. Bail may be given in the form of conflict with the law is not permitted to leave at
corporate security, property bond, cash will by order of any judicial or administrative
deposit, or recognizance. authority.
(b) "Best Interest of the Child" refers to the (i) "Diversion" refers to an alternative, child-
totality of the circumstances and appropriate process of determining the
conditions which are most congenial to responsibility and treatment of a child in
the survival, protection and feelings of conflict with the law on the basis of his/her
security of the child and most encouraging social, cultural, economic, psychological or
to the child's physical, psychological and educational background without resorting to
emotional development. It also means the formal court proceedings.
least detrimental available alternative for (j) "Diversion Program" refers to the program that
safeguarding the growth and development the child in conflict with the law is required to
of the child. undergo after he/she is found responsible for
(c) "Child" refers to a person under the age of an offense without resorting to formal court
eighteen (18) years. proceedings.
(d) "Child at Risk" refers to a child who is (k) "Initial Contact With-the Child" refers to the
vulnerable to and at the risk of committing apprehension or taking into custody of a child
criminal offenses because of personal, in conflict with the law by law enforcement
family and social circumstances, such as, officers or private citizens. It includes the time
but not limited to, the following: when the child alleged to be in conflict with the
(1) being abused by any person through law receives a subpoena under Section 3(b) of
sexual, physical, psychological, Rule 112 of the Revised Rules of Criminal
mental, economic or any other Procedure or summons under Section 6(a) or
means and the parents or guardian Section 9(b) of the same Rule in cases that do
refuse, are unwilling, or unable to not require preliminary investigation or where
provide protection for the child; there is no necessity to place the child alleged
(2) being exploited including sexually or to be in conflict with the law under immediate
economically; custody.
(3) being abandoned or neglected, and (l) "Intervention" refers to a series of activities
after diligent search and inquiry, the which are designed to address issues that
parent or guardian cannot be found; caused the child to commit an offense. It may
(4) coming from a dysfunctional or take the form of an individualized treatment
broken family or without a parent or program which may include counseling, skills
guardian; training, education, and other activities that will
(5) being out of school; enhance his/her psychological, emotional and
(6) being a streetchild; psycho-social well-being.
(7) being a member of a gang; (m) "Juvenile Justice and Welfare System" refers
(8) living in a community with a high to a system dealing with children at risk and
level of criminality or drug abuse; children in conflict with the law, which provides
and child-appropriate proceedings, including
(9) living in situations of armed conflict. programs and services for prevention,
(e) "Child in Conflict with the Law" refers to a child diversion, rehabilitation, re-integration and
who is alleged as, accused of, or adjudged as, aftercare to ensure their normal growth and
having committed an offense under Philippine development.
laws. (n) "Law Enforcement Officer" refers to the person
(f) "Community-based Programs" refers to the in authority or his/her agent as defined in
programs provided in a community setting Article 152 of the Revised Penal Code,
developed for purposes of intervention and including a barangay tanod.
diversion, as well as rehabilitation of the child (o) "Offense" refers to any act or omission whether
in conflict with the law, for reintegration into punishable under special laws or the Revised
his/her family and/or community. Penal Code, as amended.
(p) "Recognizance" refers to an undertaking in lieu
of a bond assumed by a parent or custodian
Department
ISUE–CAS–InM–065 S.Y. 2018-2019
who shall be responsible for the appearance in (b) the right not to be imposed a sentence of
court of the child in conflict with the law, when capital punishment or life imprisonment,
required. without the possibility of release;
(q) "Restorative Justice" refers to a principle which (c) the right not to be deprived, unlawfully or
requires a process of resolving conflicts with arbitrarily, of his/her liberty; detention or
the maximum involvement of the victim, the imprisonment being a disposition of last resort,
offender and the community. It seeks to obtain and which shall be for the shortest appropriate
reparation for the victim; reconciliation of the period of time;
offender, the offended and the community; and (d) the right to be treated with humanity and
reassurance to the offender that he/she can be respect, for the inherent dignity of the person,
reintegrated into society. It also enhances and in a manner which takes into account the
public safety by activating the offender, the needs of a person of his/her age. In particular,
victim and the community in prevention a child deprived of liberty shall be separated
strategies. from adult offenders at all times. No child shall
(r) "Status Offenses" refers to offenses which be detained together with adult offenders.
discriminate only against a child, while an adult He/She shall be conveyed separately to or
does not suffer any penalty for committing from court. He/She shall await hearing of
similar acts. These shall include curfew his/her own case in a separate holding area. A
violations; truancy, parental disobedience and child in conflict with the law shall have the right
the like. to maintain contact with his/her family through
(s) "Youth Detention Home" refers to a 24-hour correspondence and visits, save in exceptional
child-caring institution managed by accredited circumstances;
local government units (LGUs) and licensed (e) the right to prompt access to legal and other
and/or accredited nongovernment appropriate assistance, as well as the right to
organizations (NGOs) providing short-term challenge the legality of the deprivation of
residential care for children in conflict with the his/her liberty before a court or other
law who are awaiting court disposition of their competent, independent and impartial
cases or transfer to other agencies or authority, and to a prompt decision on such
jurisdiction. action;
(t) "Youth Rehabilitation Center" refers to a 24- (f) the right to bail and recognizance, in
hour residential care facility managed by the appropriate cases;
Department of Social Welfare and (g) the right to testify as a witness in hid/her own
Development (DSWD), LGUs, licensed and/or behalf under the rule on examination of a child
accredited NGOs monitored by the DSWD, witness;
which provides care, treatment and (h) the right to have his/her privacy respected fully
rehabilitation services for children in conflict at all stages of the proceedings;
with the law. Rehabilitation services are (i) the right to diversion if he/she is qualified and
provided under the guidance of a trained staff voluntarily avails of the same;
where residents are cared for under a (j) the right to be imposed a judgment in
structured therapeutic environment with the proportion to the gravity of the offense where
end view of reintegrating them into their his/her best interest, the rights of the victim
families and communities as socially and the needs of society are all taken into
functioning individuals. Physical mobility of consideration by the court, under the principle
residents of said centers may be restricted of restorative justice;
pending court disposition of the charges (k) the right to have restrictions on his/her
against them. personal liberty limited to the minimum, and
(u) "Victimless Crimes" refers to offenses where where discretion is given by law to the judge to
there is no private offended party. determine whether to impose fine or
imprisonment, the imposition of fine being
preferred as the more appropriate penalty;
LESSON 2 (l) in general, the right to automatic suspension of
PRINCIPLES IN THE ADMINISTRATION OF sentence;
JUVENILE JUSTICE AND WELFARE (m) the right to probation as an alternative to
imprisonment, if qualified under the Probation
SEC. 5. Rights of the Child in Conflict with the Law. - Law;
Every child in conflict with the law shall have the (n) the right to be free from liability for perjury,
following rights, including but not limited to: concealment or misrepresentation; and
(a) the right not to be subjected to torture or other (o) other rights as provided for under existing
cruel, inhuman or degrading treatment or laws, rules and regulations.
punishment;
Department
ISUE–CAS–InM–065 S.Y. 2018-2019
The State further adopts the provisions of the United discernment an intervention
Nations Standard Minimum Rules for the Administration program
of Juvenile Justice or "Beijing Rules", United Nations Above 15 but below 18, Not exempt Such child shall
Guidelines for the Prevention of Juvenile Delinquency or who acted with be subjected to
the "Riyadh Guidelines", and the United Nations Rules discernment the appropriate
for the Protection of Juveniles Deprived of Liberty. proceedings in
accordance with
SEC. 6. Minimum Age of Criminal Responsibility. - A R.A. 9344
child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal Note: The child in conflict with the law shall enjoy the
liability. However, the child shall be subjected to an presumption of minority. He/she shall enjoy all the rights
intervention program pursuant to Section 20 of this Act. of a child in conflict with the law until he/she is proven to
A child above fifteen (15) years but below eighteen (18) be 18 years old or older.
years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, SEC. 7. Determination of Age. - The child in conflict with
unless he/she has acted with discernment, in which the law shall enjoy the presumption of minority. He/She
case, such child shall be subjected to the appropriate shall enjoy all the rights of a child in conflict with the law
proceedings in accordance with this Act. until he/she is proven to be eighteen (18) years old or
The exemption from criminal liability herein established older. The age of a child may be determined from the
does not include exemption from civil liability, which shall child's birth certificate, baptismal certificate or any other
be enforced in accordance with existing laws. pertinent documents. In the absence of these
documents, age may be based on information from the
Legal effects of various ages of offenders: child himself/herself, testimonies of other persons, the
7. 15 and below - Exempting physical appearance of the child and other relevant
8. Above 15 but under 18 years of age, also an evidence. In case of doubt as to the age of the child, it
exempting circumstance, unless he acted with shall be resolved in his/her favor.
discernment (Art. 12, par. 3 as amended by RA Any person contesting the age of the child in conflict with
9344). the law prior to the filing of the information in any
9. Minor delinquent under 18 years of age, the appropriate court may file a case in a summary
sentence may be suspended. (Art. 192, PD proceeding for the determination of age before the
No. 603 as amended by PD 1179) Family Court which shall decide the case within twenty-
10. 18 years or over, full criminal responsibility. four (24) hours from receipt of the appropriate pleadings
11. 70 years or over – mitigating, no imposition of of all interested parties.
death penalty; if already imposed. Execution of If a case has been fiied against the child in conflict with
death penalty is suspended and commuted. the law and is pending in the appropriate court, the
person shall file a motion to determine the age of the
Exemption from criminal liability child in the same court where the case is pending.
(1) 15 yrs old or below at the time of commission Pending hearing on the said motion, proceedings on the
of offense: absolutely exempt from criminal main case shall be suspended.
liability but subject to intervention program In all proceedings, law enforcement officers, prosecutors,
(2) Over 15 yrs old but below 18: exempt from judges and other government officials concerned shall
criminal liability & subject to intervention exert all efforts at determining the age of the child in
program conflict with the law.
 If acted w/ discernment subject to
diversion program How can the age be determined?
(3) Below 18 yrs are exempt from: A: The age of a child may be determined from the child's:
(1) Status offense 1. Birth certificate
(2) Vagrancy and Prostitution 2. Baptismal certificate
(3) Mendicancy (PD1563) 3. Any other pertinent documents
(4) Sniffing of Rugby (PD 1619) Note: In the absence of these documents, age
may be based on information from the child
AGE BRACKET CRIMINAL TREATMENT himself/herself, testimonies of other persons,
LIABILITY the physical appearance of the child and other
15 years old or below Exempt The child shall relevant evidence. In case of doubt as to the
be subjected to age of the child, it shall be resolved in his/her
an intervention favor.
program
Above 15 but below 18, Exempt The child shall Discernment – mental capacity to understand the
who acted without be subjected to difference between right and wrong as determined by the

Department
ISUE–CAS–InM–065 S.Y. 2018-2019
child‘s appearance , attitude, comportment and behavior 2. Offenses not applicable to children (Sec. 58)‐
not only before and during the commission of the offense Persons below eighteen (18) years of age shall be
but also after and during the trial. It is manifested exempt from prosecution for the crime of:
through: c. Vagrancy and prostitution under
(1) Manner of committing a crime – Thus, Section 202 of RPC
when the minor committed the crime d. Sniffing of rugby under Presidential
during nighttime to avoid detection or took Decree No. 1619
the loot to another town to avoid
discovery, he manifested discernment. Ratio: Such prosecution being inconsistent with the
(2) Conduct of the offender – The accused United Nations Convention on the Rights of the Child:
shot the victim with his sling shot and Provided, That said persons shall undergo appropriate
shouted ―Putang ina mo‖. counseling and treatment program.
Note: The exemption from criminal liability shall not Under Sec 59 with regard to exemption from the
include exemption from civil liability. application of death penalty.
What is automatic suspension of sentence as provided

for in Sec. 38 of R.A. 9344?
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.
Upon suspension of sentence and after considering the

various 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. (Sec. 38)
Note: The suspension of sentence under sec.38

R.A.9344 applies regardless of the penalty imposed. The
provision therefore modifies the ruling in Declarador v.
Gubatan
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. (Sec. 39)
Q: What are the exempting provisions under this act?

1. Status offenses (Sec 57)‐ Any conduct not
considered an offense or not penalized if committed
by an adult shall not be considered an offense and
shall not be punished if committed by a child.
Department
ISUE–CAS–InM–065 S.Y. 2018-2019
LESSON 3 (b) To advise the President on all matters and

STRUCTURES IN THE ADMINISTRATION OF policies relating to juvenile justice and welfare;
JUVENILE JUSTICE AND WELFARE (c) To assist the concerned agencies in the review
and redrafting of existing policies/regulations or
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - in the formulation of new ones in line with the
A Juvenile Justice and Welfare Council (JJWC) is hereby provisions of this Act;
created and attached to the Department of Justice and (d) To periodically develop a comprehensive 3 to
placed under its administrative supervision. The JJWC 5-year national juvenile intervention program,
shall be chaired by an undersecretary of the Department with the participation of government agencies
of Social Welfare and Development. It shall ensure the concerned, NGOs and youth organizations;
effective implementation of this Act and coordination (e) To coordinate the implementation of the
among the following agencies: juvenile intervention programs and activities by
(a) Council for the Welfare of Children (CWC); national government agencies and other
(b) Department of Education (DepEd); activities which may have an important bearing
(c) Department of the Interior and Local on the success of the entire national juvenile
Government (DILG); intervention program. All programs relating to
(d) Public Attorney's Office (PAO); juvenile justice and welfare shall be adopted in
(e) Bureau of Corrections (BUCOR); consultation with the JJWC;
(f) Parole and Probation Administration (PPA) (f) To formulate and recommend policies and
(g) National Bureau of Investigation (NBI); strategies in consultation with children for the
(h) Philippine National Police (PNP);. prevention of juvenile delinquency and the
(i) Bureau of Jail Management and Penology administration of justice, as well as for the
(BJMP); treatment and rehabilitation of the children in
(j) Commission on Human Rights (CHR); conflict with the law;
(k) Technical Education and Skills Development (g) To collect relevant information and conduct
Authority (TESDA); continuing research and support evaluations
(l) National Youth Commission (NYC); and and studies on all matters relating to juvenile
(m) Other institutions focused on juvenile justice justice and welfare, such as but not limited to:
and intervention programs. (1) the performance and results achieved by
The JJWC shall be composed of representatives, whose juvenile intervention programs and by
ranks shall not be lower than director, to be designated activities of the local government units
by the concerned heads of the following departments or and other government agencies;
agencies: (2) the periodic trends, problems and causes
(a) Department of Justice (DOJ); of juvenile delinquency and crimes; and
(b) Department of Social Welfare and (3) the particular needs of children in conflict
Development (DSWD); with the law in custody.
(c) Council for the Welfare of Children (CWC) The data gathered shall be used by the JJWC
(d) Department of Education (DepEd); in the improvement of the administration of
(e) Department of the Interior and Local juvenile justice and welfare system.
Government (DILG) The JJWC shall set up a mechanism to ensure
(f) Commission on Human Rights (CHR); that children are involved in research and
(g) National Youth Commission (NYC); and policy development.
(h) Two (2) representatives from NGOs, one to be (h) Through duly designated persons and with the
designated by the Secretary of Justice and the assistance of the agencies provided in the
other to be designated by the Secretary of preceding section, to conduct regular
Social Welfare and Development. inspections in detention and rehabilitation
The JJWC shall convene within fifteen (15) days from the facilities and to undertake spot inspections on
effectivity of this Act. The Secretary of Justice and the their own initiative in order to check
Secretary of Social Welfare and Development shall compliance with the standards provided herein
determine the organizational structure and staffing and to make the necessary recommendations
pattern of the JJWC. to appropriate agencies;
The JJWC shall coordinate with the Office of the Court (i) To initiate and coordinate the conduct of
Administrator and the Philippine Judicial Academy to trainings for the personnel of the agencies
ensure the realization of its mandate and the proper involved in the administration of the juvenile
discharge of its duties and functions, as herein provided. justice and welfare system and the juvenile
intervention program;
SEC. 9. Duties and Functions of the JJWC. - The JJWC (j) To submit an annual report to the President on
shall have the following duties and functions: the implementation of this Act; and
(a) To oversee the implementation of this Act;
30 Juvenile Delinquency Instructional Material Criminal Justice Education Department

ISUE–CAS–InM–065 S.Y. 2015-2016
(k) To perform such other functions as may be 5. Properly exercise parenting skills
necessary to implement the provisions of this 6. Exercise parental authority
Act. 7. Inculcate in the minds of children to
respect, to obey and have reverence.
SEC. 10. Policies and Procedures on Juvenile Justice
and Welfare. - All government agencies enumerated in B. ROLE OF THE SCHOOL OR EDUCATIONAL
Section 8 shall, with the assistance of the JJWC and SYSTEM: The school is responsible to:
within one (1) year from the effectivity of this Act, draft 1. Identifying the youngsters needing help in the
policies and procedures consistent with the standards classroom
set in the law. These policies and procedures shall be 2. Providing help within the classroom
modified accordingly in consultation with the JJWC upon 3. Providing help through curriculum adjustment
the completion of the national juvenile intervention 4. Integrated special services
program as provided under Section 9 (d). 5. Providing help through special classes
6. Working within the family
SEC. 11. Child Rights Center (CRC). - The existing Child 7. Working with in law enforcers and court
Rights Center of the Commission on Human Rights shall personnel
ensure that the status, rights and interests of children are 8. Working with community agencies
upheld in accordance with the Constitution and Educational institutions shall work with families,
international instruments on human rights. The CHR community organizations and agencies in the prevention
shall strengthen the monitoring of government of juvenile delinquency and in the rehabilitation and
compliance of all treaty obligations, including the timely reintegration of child in conflict with the law. Schools
and regular submission of reports before the treaty shall provide adequate, necessary and individualized
bodies, as well as the implementation and dissemination educational schemes for children manifesting difficult
of recommendations and conclusions by government behavior and children in conflict with the law. In cases
agencies as well as NGOs and civil society. where children in conflict with the law are taken into
custody or detained in rehabilitation centers, they should
be provided the opportunity to continue learning under
LESSON 4 PREVENTION OF JUVENILE an alternative learning system with basic literacy
DELINQUENCY program or non-formal education accreditation
equivalent system. (Section 13, Republic Act No. 9344).
LESSON 4.1. THE ROLE OF THE DIFFERENT
SECTORS C. ROLE OF THE LAW ENFORCEMENT AGENCIES
To prevent and control juvenile delinquency the - Crime prevention and control of delinquency are
government should focused on the following: considered basic responsibilities of a police
a. Education department. These functions are the most
b. Recreation effectively carried out by working with youth, and
c. Community involvement must be based on sound policies and integration of
d. Creation of special programs all department units. It is the purpose here to outline
the policies upon which well planned policies for
A. ROLE OF THE FAMILY - The family shall be juvenile may be developed and to suggest
responsible for the primary nurturing and rearing of organizational principle and structure for juvenile
children which is critical in delinquency prevention. control and prevention.
As far practicable and in accordance with the
procedures of this act, a child in conflict with the law D. THE ROLE OF MASS MEDIA. – The mass media
shall be maintained in his/her family (Section 12, shall play an active role in the promotion of child
Republic Act No. 9344). Executive order No, 209, rights, and delinquency prevention by relating an
the Family code of the Philippines, provides that the active message through a balanced approach.
family being foundation of the nation is basic Media practitioners shall, therefore, have the duty to
institution that the public policy cherishes and maintain the highest critical and professional
protects or agreement of the family shall be standards in reporting and covering cases of
recognized or given effect. (Art.149). Children children in conflict with the law. In all publicity
should always observe respect and reverence concerning children, the best interest of the child
towards their parents and are obliged to obey them should be the primordial and paramount concern.
as long as the children under parental authority. Any undue, inappropriate and sensationalized
(Art.211). The following are the responsibilities of publicity of any case involving a child in conflict with
parents/guardians the law is hereby declared a violation of the child’s
1. Provide the basic needs of the family rights. (Section 14, Republic Act No. 9344).
2. Extend consistent discipline
3. Love all members of the family E. ESTABLISHMENT AND STRENGTHENING OF
4. Be a good model or leader to children LOCAL COUNCILS FOR THE PROTECTION OF

ISUE–CAS–InM–065 S.Y. 2015-2016
CHILDREN – Local Councils for the Protection of implementation of the comprehensive juvenile
Children (LCPC) shall be established in all levels of intervention program shall be reviewed and assessed
local government, and where they have already annually by the LGUs in coordination with the LCPC.
been established, they shall be strengthened within Results of the assessment shall be submitted by the
one (1) year from the effectively of this Act. provincial and city governments to the JJWC not later
Membership in the LCPC shall be chosen from than March 30 of every year. (Section 18, Republic Act
among the responsible members of the community, No. 9344).
including a representative from the youth sector, as
well as representatives from government and COMMUNITY-BASED PROGRAMS ON JUVENILE
private agencies concerned with the welfare of JUSTICE AND WELFARE
children. Community-based programs on juvenile justice and
The local council shall serve as the primary welfare shall be instituted by the LGUs through the
agency to coordinate with and assist the LGU LCPC, school, youth organizations and other concerned
concerned for the adoption of a comprehensive plan agencies. The LGUs shall provide community-based
on delinquency prevention, and to oversee its services which respond to the special needs, problems,
proper implementation. interests and concerns of children and which offer
One percent (1%) of the internal revenue appropriate counseling and guidance to them and their
allotment of barangays, municipalities and cities families. These programs shall consist of three levels:
shall be allotted for the strengthening and (a) Primary intervention includes general
implementation of the programs of the LCPC: measures to promote social justice and equal
provided that the disbursement of the fund shall be opportunity, which tackle perceived root
made by LGU concerned. (Section 15, Republic Act causes of offending;
No. 9344). (b) Secondary intervention includes measures to
assist children at risk; and
(c) Tertiary intervention includes measures to
F. APPOINTMENT OF LOCAL SOCIAL WELFARE avoid unnecessary contact with the formal
AND DEVELOPMENT OFFICER justice system and other measures to prevent
All LGUs shall appoint a duly licensed social re-offending. (Section 19, Republic Act No.
worker as its local social welfare and development officer 9344).
tasked to assist children in conflict with the law. (Section
16, Republic Act No. 9344).
G. THE SANGGUNIANGKABATAAN LESSON 5

The SangguniangKabataan (SK) shall coordinate JUVENILE JUSTICE AND WELFARE SYSTEM
with the LCPC in the formulation and implementation of
juvenile intervention and diversion programs in the LESSON 5.1.
community. TREATMENT OF CHILDREN BELOW THE AGE OF
CRIMINAL RESPONSIBILITY
LESSON 4.2. COMPREHENSIVE JUVENILE Children Below the Age of Criminal Responsibility
INTERVENTION PROGRAM If it has been determined that the child taken
into custody is fifteen (15) years old or below, the
DEVELOPMENT OF A COMPREHENSIVE JUVENILE authority which will have an initial contact with the child
INTERVENTION PROGRAM has the duty to immediately release the child to the
A Comprehensive juvenile intervention custody of:
program covering at least a 3-year period shall be 1. his/her parents or guardian
instituted in LGUs from the barangay to the provincial 2. in the absence thereof the child's nearest
level. relative.
The LGUs shall set aside an amount Said authority shall give notice to the local social
necessary to implement their respective juvenile welfare and development officer who will determine the
intervention programs in their annual budget. appropriate programs in consultation with the child and
The LGUs, in coordination with the LCPC, shall to the person having custody over the child.
call on all sectors concerned, particularly the child- If the parents, guardians or nearest relatives cannot
focused institutions, NGOs, people's organizations, be located, or if they refuse to take custody, the child
educational institutions and government agencies may be released to any of the following:
involved in delinquency prevention to participate in the 2. a duly registered nongovernmental or religious
planning process and implementation of juvenile organization;
intervention programs. Such programs shall be 3. a barangay official or a member of the
implemented consistent with the national program Barangay Council for the Protection of Children
formulated and designed by the JJWC. The (BCPC);

ISUE–CAS–InM–065 S.Y. 2015-2016
4. a local social welfare and development officer; examination results shall be kept confidential
or when and where appropriate, the DSWD. unless otherwise ordered by the Family Court.
If the child referred to herein has been found by the Whenever the medical treatment is required,
Local Social Welfare and Development Office to be steps shall be immediately undertaken to
abandoned, neglected or abused by his parents, or in the provide the same;
event that the parents will not comply with the prevention (k) Ensure that should detention of the child in
program, the proper petition for involuntary commitment conflict with the law be necessary, the child
shall be filed by the DSWD or the Local Social Welfare shall be secured in quarters separate from that
and Development Office pursuant to Presidential Decree of the opposite sex and adult offenders;
No. 603, otherwise ,known as "The Child and Youth (l) Record the following in the initial investigation:
Welfare Code". (Sec. 20 of Republic Act No. 9344) 3. Whether handcuffs or other instruments of
restraint were used, and if so, the reason
for such;
4. That the parents or guardian of a child,
LESSON 5.2. the DSWD, and the PA0 have been
INITIAL CONTACT WITH THE CHILD informed of the apprehension and the
details thereof; and
PROCEDURE FOR TAKING THE CHILD INTO 5. The exhaustion of measures to determine
CUSTODY the age of a child and the precise details
From the moment a child is taken into custody, the of the physical and medical examination
law enforcement officer shall: or the failure to submit a child to such
(a) Explain to the child in simple language and in a examination; and
dialect that he/she can understand why he/she (m) Ensure that all statements signed by the child
is being placed under custody and the offense during investigation shall be witnessed by the
that he/she allegedly committed; child's parents or guardian, social worker, or
(b) Inform the child of the reason for such custody legal counsel in attendance who shall affix
and advise the child of his/her constitutional his/her signature to the said statement.
rights in a language or dialect understood by A child in conflict with the law shall only be
him/her; searched by a law enforcement officer of the same
(c) Properly identify himself/herself and present gender and shall not be locked up in a detention cell.
proper identification to the child; (Sec. 21 of Republic Act No. 9344)
(d) Refrain from using vulgar or profane words and
from sexually harassing or abusing, or making SEC. 22. Duties During Initial Investigation. - The law
sexual advances on the child in conflict with enforcement officer shall, in his/her investigation,
the law; determine where the case involving the child in conflict
(e) Avoid displaying or using any firearm, weapon, with the law should be referred.
handcuffs or other instruments of force or The taking of the statement of the child shall be
restraint, unless absolutely necessary and only conducted in the presence of the following: (1) child's
after all other methods of control have been counsel of choice or in the absence thereof, a lawyer
exhausted and have failed; from the Public Attorney's Office; (2) the child's parents,
(f) Refrain from subjecting the child in conflict with guardian, or nearest relative, as the case may be; and
the law to greater restraint than is necessary (3) the local social welfare and development officer. In
for his/her apprehension; the absence of the child's parents, guardian, or nearest
(g) Avoid violence or unnecessary force; relative, and the local social welfare and development
(h) Determine the age of the child pursuant to officer, the investigation shall be conducted in the
Section 7 of this Act; presence of a representative of an NGO, religious group,
(i) Immediately but not later than eight (8) hours or member of the BCPC.
after apprehension, turn over custody of the After the initial investigation, the local social worker
child to the Social Welfare and Development conducting the same may do either of the following:
Office or other accredited NGOs, and notify the (a) Proceed in accordance with Section 20 if
child's apprehension. The social welfare and the child is fifteen (15) years or below or
development officer shall explain to the child above fifteen (15) but below eighteen (18)
and the child's parents/guardians the years old, who acted without discernment;
consequences of the child's act with a view and
towards counseling and rehabilitation, (b) If the child is above fifteen (15) years old
diversion from the criminal justice system, and but below eighteen (18) and who acted
reparation, if appropriate; with discernment, proceed to diversion
(j) Take the child immediately to the proper under the following chapter.
medical and health officer for a thorough
physical and mental examination. The LESSON 6

ISUE–CAS–InM–065 S.Y. 2015-2016
JUVENILE DIVERSION, PROSECUTION AND COURT 7. Diversion is viewed as any process that is
PROCEEDING used by components of the criminal justice
system whereby youths avoid formal juvenile
LESSON 6.1. court processing and adjudication.
JUVENILE DIVERSION
D. AIMS OR PURPOSE OF DIVERSION
A. JUVENILE DIVERSION defined 1. Diversion efforts are aimed to reduce the
Juvenile diversion programs have been created to state’s control over youth offender by reducing
divert youth from their early encounters with juvenile the number of juvenile processed through
court system. These programs involve a suspension of official justice channels.
formal criminal or juvenile justice proceedings against an 2. To provide beneficial services such as:
alleged offender, and the referral of adolescent to a b. Employment counseling
treatment or care program. c. Family counseling
The juvenile court system was created in the early d. A requirement for restitution
19th century in an effort to humanize criminal procedures e. A relationship on an elder sister or brother
for children. The primary goal has been to help young f. Substance abuse education
people avoid criminal procedures for children. The g. Psychotherapy
contemporary (like U.S.) juvenile justice system still on
the following philosophy: E. WHY COMMUNITY IS INTERESTED IN JUVENILE
b. Children , because of their minor status, should DIVERSION?
not be held accountable as adults; 1. Diversion program reduce the stigma
c. The objective of the juvenile justice system is associated with a court conviction, thereby
to treat and rehabilitate rather than to punish; reducing the chances for future criminal
d. The special circumstances and needs of youth involvement and allowing youth to actively
should be considered throughout the judicial choose alternatives to criminal activity.
process; 2. Diversion programs aims to reduce recidivism
e. The system should avoid the punitive, by improving the youth’s social adjudication –
adversarial and formalized procedures for example, by strengthening family
associated with adult criminal court. relationship, enhancing self-esteem, or
improving decision-making skills.
B. DIVERSION defined 3. Diversion programs reduce the costs of
Diversion is a term used to describe disposition country court and improve the juvenile justice
prior to involving the juvenile justice system, but it is also system’s efficiency. Specially, a sizeable
commonly used to describe the process whereby cases percentage of local law enforcement financial
are removed from the juvenile justice system (JJS) after costs come from juvenile crime:
they have been admitted to it. b. Not just arrest, but the costs involved
in taking juvenile to court;
C. CONCEPTUALIZED OF JUVENILE DIVERSION c. Not just taking juvenile to court, but
1. Diversion is a process of referring youths to an the costs of recidivism (repeated
existing community treatment program in lieu crime):
of further juvenile justice processing at any d. Not just the costs of trying juveniles
point between apprehension and adjudication. for second or third offenses.
2. Diversion is designed to suspend or
termination juvenile justice processing of youth - Juvenile Diversion programs include youth who
in favor release or release or referral to have been arrested, or in some cases youth
alternative services. who been referred to the program by parents,
3. It is simply a means of informal processing of teachers, or police because they appear to be
youth who have committed acts of at-risk for criminal involvement. These
delinquency. programs give youth an opportunity for youth
4. It is exercised by discretionary authority to to work through problems outside the juvenile
substitute to an informal disposition prior to court system.
formal hearing on an all edge violation.
5. It is the substitution of an alternative to further
processing in the justice system for an alleged
youth offender F. EARLY DIVERSION PROGRAMS (CREATED IN
6. It is the return of the young offender by the THE UNITED STATES)
police to the community (the family or the 1. Project Cross Roads
referral agency) rather than referral to an - program by Department of
official sanctioning agency, such as the Labor
probation department and juvenile court.

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- Washington, D.C. - 16-26 years community service resource for

old juveniles; no prior record or assistance.
no charges
- Prior to the program undergoes A1. FOUR PROBLEMS WHEN
vocational services. REFERRING YOUTH TO COMMUNITY
2. Saint Louis Diversion Program – 1971 SERVICE AGENCIES
- To provide home detention as 2. Acceptable – police officer have a
an alternative to overcrowded tendency to stereotype certain service
jails in the city. In home agencies as soft, lenient, cuddling, and
detention, the program offers permissive.
guidance and counseling. 3. Availability – resources is no guarantee of
3. Baltimore Diversion Project quality
- 2nd project of Department of 4. Suitability – community service are
Labor unsuitable for use by the police as
- 15-17 years old not currently potential referral resources.
charge of serious violent crime 5. Accountability – appropriateness of a
would undergo job counseling referral can never be broken without some
program and placement. formal procedures for following up on it.
4. Sacramento Country 601 Diversion Project
- Crisis intervention and B. COURT DIVERSION
counseling to families 1. Informal adjustment - It refers to the
- Children – truants, habitual discretion of court. Instead of processing
runaways and incorrigibles and or undergoing the formal process, the
beyond parental control. court or the judge may resort to informal
diversion. Most of the cases may need not
to undergo formal processes like status
G. KINDS OF DIVERSION offenses, misdemeanors, incorrigibles,
disputes.
A. POLICE DIVERSION 2. Mediation - It refers to the settlement of
2. Diversion without referral – typically, this disputes. Programs schedule meeting
an “informational adjustment”(for among the complainants, the respondent
example: warn, counsel and release) and the neutral hearing officer who
whereby the juvenile offender is facilities communication between
immediately diverted from the system disputants and help them to reach a
without further significant action. mutually acceptable resolution to their
3. Internal Referral Program – diversion with conflict.
referral is generally dictated by
department of policy or by agreement
between police and community agencies. C. COMMUNITY OR GOVERNMENT PROGRAM
It involves referral of a case from one 1. Youth Service Bureau - It was formally
branch of the police department to designated some time in 1970s. It was
another branch that is better equipped. establish with the following goals:
4. Community Volunteer Programs – the b. Diverting juveniles from Juvenile
goal of this program is to identify and Justice System
recruit individual from within the c. Advocating and developing services
community to assist the problems of for youth and their families
youth. d. Providing case study and program
5. Recreation Programs – through the use of coordination
athletic activities especially team sports, e. Providing modifications in the
this program channel the energy of systems of youth services
delinquent youth into socially constructed f. Involving youth in the treatment
activities. decision making process
6. Probation Program – this type of program - It conducts case study and
is base on informal police probation and provide recommendation and
makes it clear that the youth is to stay out establish a program to
of trouble and that police officer is there to rehabilitate this troubled youths.
see that he or she does. 2. Community Youth Boards - It refers to the
7. External Diversion Programs – involves informal hearing boards which determine
the diversion of youth to available outside what, if any services should be provided
to children referred schools, the police,

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the juvenile court, parents or children

themselves. SEC. 26. Contract of Diversion. - If during the
3. Wilderness Program - It started in late conferencing, mediation or conciliation, the child
1970s. This is an outdoor program as an voluntarily admits the commission of the act, a diversion
alternative to incarceration where program shall be developed when appropriate and
modeled after the civilian conservation desirable as determined under Section 30. Such
corps which operated between 1933 and admission shall not be used against the child in any
1943. It provides an open air environment subsequent judicial, quasi-judicial or administrative
for treatment by stressing work activities proceedings. The diversion program shall be effective
as reforestation, brush clearance, fire and binding if accepted by the parties concerned. The
suppression, etc. to focus them on acceptance shall be in writing and signed by the parties
education, athletics and counseling. concerned and the appropriate authorities. The local
social welfare and development officer shall supervise
Provisions on Juvenile Diversion under Republic Act No. the implementation of the diversion program. The
9344 diversion proceedings shall be completed within forty-five
(45) days. The period of prescription of the offense shall
SEC. 23. System of Diversion. - Children in conflict with be suspended until the completion of the diversion
the law shall undergo diversion programs without proceedings but not to exceed forty-five (45) days.
undergoing court proceedings subject to the conditions The child shall present himself/herself to the competent
herein provided: authorities that imposed the diversion program at least
(a) Where the imposable penalty for the crime once a month for reporting and evaluation of the
committee is not more than six (6) years effectiveness of the program.
imprisonment, the law enforcement officer or Failure to comply with the terms and conditions of the
Punong Barangay with the assistance of the contract of diversion, as certified by the local social
local social welfare and development officer or welfare and development officer, shall give the offended
other members of the LCPC shall conduct party the option to institute the appropriate legal action.
mediation, family conferencing and conciliation The period of prescription of the offense shall be
and, where appropriate, adopt indigenous suspended during the effectivity of the diversion
modes of conflict resolution in accordance with program, but not exceeding a period of two (2) years.
the best interest of the child with a view to
accomplishing the objectives of restorative SEC. 27. Duty of the Punong Barangay When There is
justice and the formulation of a diversion No Diversion. - If the offense does not fall under Section
program. The child and his/her family shall be 23(a) and (b), or if the child, his/her parents or guardian
present in these activities. does not consent to a diversion, the Punong Barangay
(b) In victimless crimes where the imposable handling the case shall, within three (3) days from
penalty is not more than six (6) years determination of the absence of jurisdiction over the case
imprisonment, the local social welfare and or termination of the diversion proceedings, as the case
development officer shall meet with the child may be, forward the records of the case of the child to
and his/her parents or guardians for the the law enforcement officer, prosecutor or the
development of the appropriate diversion and appropriate court, as the case may be. Upon the
rehabilitation program, in coordination with the issuance of the corresponding document, certifying to
BCPC; the fact that no agreement has been reached by the
(c) Where the imposable penalty for the crime parties, the case shall be filed according to the regular
committed exceeds six (6) years imprisonment, process.
diversion measures may be resorted to only by
the court. SEC. 28. Duty of the Law Enforcement Officer When
There is No Diversion. - If the offense does not fall under
SEC. 24. Stages Where Diversion May be Conducted. - Section 23(a) and (b), or if the child, his/her parents or
Diversion may be conducted at the guardian does not consent to a diversion, the Women
KatarungangPambarangay, the police investigation or and Children Protection Desk of the PNP, or other law
the inquest or preliminary investigation stage and at all enforcement officer handling the case of the child under
1evels and phases of the proceedings including judicial custody, to the prosecutor or judge concerned for the
level. conduct of inquest and/or preliminary investigation to
determine whether or not the child should remain under
SEC. 25. Conferencing, Mediation and Conciliation. - A custody and correspondingly charged in court. The
child in conflict with law may undergo conferencing, document transmitting said records shall display the
mediation or conciliation outside the criminal justice word "CHILD" in bold letters.
system or prior to his entry into said system. A contract
of diversion may be entered into during such SEC. 29. Factors in Determining Diversion Program. - In
conferencing, mediation or conciliation proceedings. determining whether diversion is appropriate and

ISUE–CAS–InM–065 S.Y. 2015-2016
desirable, the following factors shall be taken into (c) At the level of the law enforcement officer and
consideration: the prosecutor:
(a) The nature and circumstances of the offense (1) Diversion programs specified under
charged; paragraphs (a)(1) to (a)(9) herein; and
(b) The frequency and the severity of the act; (2) Confiscation and forfeiture of the
(c) The circumstances of the child (e.g. age, proceeds or instruments of the crime;
maturity, intelligence, etc.); (d) At the level of the appropriate court:
(d) The influence of the family and environment on (1) Diversion programs specified under
the growth of the child; paragraphs(a)and (b) above;
(e) The reparation of injury to the victim; (2) Written or oral reprimand or citation;
(f) The weight of the evidence against the child; (3) Fine:
(g) The safety of the community; and (4) Payment of the cost of the proceedings;
(h) The best interest of the child. or
(5) Institutional care and custody.
SEC. 30. Formulation of the Diversion Program. - In
formulating a diversion program, the individual LESSON 6.2.
characteristics and the peculiar circumstances of the PROSECUTION
child in conflict with the law shall be used to formulate an
individualized treatment. SEC. 32. Duty of the Prosecutor's Office. - There shall
The following factors shall be considered in formulating a be a specially trained prosecutor to conduct inquest,
diversion program for the child: preliminary investigation and prosecution of cases
b. The child's feelings of remorse for the offense involving a child in conflict with the law. If there is an
he/she committed; allegation of torture or ill-treatment of a child in conflict
c. The parents' or legal guardians' ability to guide with the law during arrest or detention, it shall be the duty
and supervise the child; of the prosecutor to investigate the same.
d. The victim's view about the propriety of the
measures to be imposed; and SEC. 33. Preliminary Investigation and Filing of
e. The availability of community-based programs Information. - The prosecutor shall conduct a preliminary
for rehabilitation and reintegration of the child. investigation in the following instances: (a) when the
SEC. 31. Kinds of Diversion Programs. - The diversion child in conflict with the law does not qualify for diversion:
program shall include adequate socio-cultural and (b) when the child, his/her parents or guardian does not
psychological responses and services for the child. At agree to diversion as specified in Sections 27 and 28;
the different stages where diversion may be resorted to, and (c) when considering the assessment and
the following diversion programs may be agreed upon, recommendation of the social worker, the prosecutor
such as, but not limited to: determines that diversion is not appropriate for the child
(b) At the level of the Punong Barangay: in conflict with the law.
(1) Restitution of property; Upon serving the subpoena and the affidavit of
(2) Reparation of the damage caused; complaint, the prosecutor shall notify the Public
(3) Indemnification for consequential Attorney's Office of such service, as well as the personal
damages; information, and place of detention of the child in conflict
(4) Written or oral apology; with the law.
(5) Care, guidance and supervision orders; Upon determination of probable cause by the prosecutor,
(6) Counseling for the child in conflict with the information against the child shall be filed before the
the law and the child's family; Family Court within forty-five (45) days from the start of
(7) Attendance in trainings, seminars and the preliminary investigation.
lectures on:
(I) anger management skills; LESSON 6.3.
(II) problem solving and/or conflict COURT PROCEEDINGS
resolution skills;
(III) values formation; and SEC. 34. Bail. - For purposes of recommending the
(IV) other skills which will aid the child amount of bail, the privileged mitigating circumstance of
in dealing with situations which minority shall be considered.
can lead to repetition of the
offense; SEC. 35. Release on Recognizance. - Where a child is
(8) Participation in available community- detained, the court shall order:
based programs, including community (a) the release of the minor on recognizance to
service; or his/her parents and other suitable person;
(9) Participation in education, vocation and (b) the release of the child in conflict with the law
life skills programs. on bail; or

ISUE–CAS–InM–065 S.Y. 2015-2016
(c) the transfer of the minor to a youth detention The discharge of the child in conflict with the law shall
home/youth rehabilitation center. not affect the civil liability resulting from the commission
The court shall not order the detention of a child in a jail of the offense, which shall be enforced in accordance
pending trial or hearing of his/her case. with law.
SEC. 36. Detention of the Child Pending Trial. - Children SEC. 40. Return of the Child in Conflict with the Law to
detained pending trial may be released on bail or Court. - If the court finds that the objective of the
recognizance as provided for under Sections 34 and 35 disposition measures imposed upon the child in conflict
under this Act. In all other cases and whenever possible, with the law have not been fulfilled, or if the child in
detention pending trial may be replaced by alternative conflict with the law has willfully failed to comply with the
measures, such as close supervision, intensive care or conditions of his/her disposition or rehabilitation program,
placement with a family or in an educational setting or the child in conflict with the law shall be brought before
home. Institutionalization or detention of the child the court for execution of judgment.
pending trial shall be used only as a measure of last If said child in conflict with the law has reached eighteen
resort and for the shortest possible period of time. (18) years of age while under suspended sentence, the
Whenever detention is necessary, a child will always be court shall determine whether to discharge the child in
detained in youth detention homes established by local accordance with this Act, to order execution of sentence,
governments, pursuant to Section 8 of the Family Courts or to extend the suspended sentence for a certain
Act, in the city or municipality where the child resides. specified period or until the child reaches the maximum
In the absence of a youth detention home, the child in age of twenty-one (21) years.
conflict with the law may be committed to the care of the
DSWD or a local rehabilitation center recognized by the SEC. 41. Credit in Service of Sentence. - The child in
government in the province, city or municipality within the conflict with the law shall be credited in the services of
jurisdiction of the court. The center or agency concerned his/her sentence with the full time spent in actual
shall be responsible for the child's appearance in court commitment and detention under this Act.
whenever required.
SEC. 42. Probation as an Alternative to Imprisonment. -
SEC. 37. Diversion Measures. - Where the maximum The court may, after it shall have convicted and
penalty imposed by law for the offense with which the sentenced a child in conflict with the law, and upon
child in conflict with the law is charged is imprisonment of application at any time, place the child on probation in
not more than twelve (12) years, regardless of the fine or lieu of service of his/her sentence taking into account the
fine alone regardless of the amount, and before best interest of the child. For this purpose, Section 4 of
arraignment of the child in conflict with the law, the court Presidential Decree No. 968, otherwise known as the
shall determine whether or not diversion is appropriate. "Probation Law of 1976", is hereby amended
accordingly.
SEC. 38. Automatic Suspension of Sentence. - Once the
child who is under eighteen (18) years of age at the time LESSON 6.4.
of the commission of the offense is found guilty of the CONFIDENTIALITY OF RECORDS AND
offense charged, the court shall determine and ascertain PROCEEDINGS
any civil liability which may have resulted from the
offense committed. However, instead of pronouncing the SEC. 43. Confedentiality of Records and Proceedings. -
judgment of conviction, the court shall place the child in All records and proceedings involving children in conflict
conflict with the law under suspended sentence, without with the law from initial contact until final disposition of
need of application: Provided, however, That suspension the case shall be considered privileged and confidential.
of sentence shall still be applied even if the juvenile is The public shall be excluded during the proceedings and
already eighteen years (18) of age or more at the time of the records shall not be disclosed directly or indirectly to
the pronouncement of his/her guilt. anyone by any of the parties or the participants in the
Upon suspension of sentence and after considering the proceedings for any purpose whatsoever, except to
various chcumstances of the child, the court shall impose determine if the child in conflict with the law may have
the appropriate disposition measures as provided in the his/hes sentence suspended or if he/she may be granted
Supreme Court Rule on Juveniles in Conflict with the probation under the Probation Law, or to enforce the civil
Law. liability imposed in the criminal action.
SEC. 39. Discharge of the Child in Conflict with the The component authorities shall undertake all measures
Law. - Upon the recommendation of the social worker to protect this confidentiality of proceedings, including
who has custody of the child, the court shall dismiss the non-disclosure of records to the media, maintaining a
case against the child whose sentence has been separate police blotter for cases involving children in
suspended and against whom disposition measures conflict with the law and adopting a system of coding to
have been issued, and shall order the final discharge of conceal material information which will lead to the child's
the child if it finds that the objective of the disposition identity. Records of a child in conflict with the law shall
measures have been fulfilled. not be used in subsequent proceedings for cases

ISUE–CAS–InM–065 S.Y. 2015-2016
involving the same offender as an adult, except when SEC. 50. Care and Maintenance of the Child in Conflict
beneficial for the offender and upon his/her written with the Law. - The expenses for the care and
consent. maintenance of a child in conflict with the law under
A person who has been in conflict with the law as a child institutional care shall be borne by his/her parents or
shall not be held under any provision of law, to be guilty those persons liable to support him/her: Provided, That
of perjury or of concealment or misrepresentation by in case his/her parents or those persons liable to support
reason of his/her failure to acknowledge the case or him/her cannot pay all or part of said expenses, the
recite any fact related thereto in response to any inquiry municipality where the offense was committed shall pay
made to him/her for any purpose. one-third (1/3) of said expenses or part thereof; the
province to which the municipality belongs shall pay one-
LESSON 6.5. third (1/3) and the remaining one-third (1/3) shall be
REHABILITATION AND REINTEGRATION borne by the national government. Chartered cities shall
pay two-thirds (2/3) of said expenses; and in case a
SEC. 44. Objective of Rehabilitation and Reintegration. - chartered city cannot pay said expenses, part of the
The objective of rehabilitation and reintegration of internal revenue allotments applicable to the unpaid
children in conflict with the law is to provide them with portion shall be withheld and applied to the settlement of
interventions, approaches and strategies that will enable said obligations:Provided, further, That in the event that
them to improve their social functioning with the end goal the child in conflict with the law is not a resident of the
of reintegration to their families and as productive municipality/city where the offense was committed, the
members of their communities. court, upon its determination, may require the
city/municipality where the child in conflict with the law
SEC. 45. Court Order Required. - No child shall be resides to shoulder the cost.
received in any rehabilitation or training facility without a All city and provincial governments must exert effort for
valid order issued by the court after a hearing for the the immediate establishment of local detention homes for
purpose. The details of this order shall be immediately children in conflict with the law.
entered in a register exclusively for children in conflict
with the law. No child shall be admitted in any facility SEC. 51. Confinement of Convicted Children in
where there is no such register. Agricultural Camps and other Training Facilities. - A child
in conflict with the law may, after conviction and upon
SEC. 46, Separate Facilities from Adults. - In all order of the court, be made to serve his/her sentence, in
rehabilitation or training facilities, it shall be mandatory lieu of confinement in a regular penal institution, in an
that children shall be separated from adults unless they agricultural camp and other training facilities that may be
are members of the same family. Under no other established, maintained, supervised and controlled by
circumstance shall a child in conflict with the law be the BUCOR, in coordination with the DSWD.
placed in the same confinement as adults.
The rehabilitation, training or confinement area of
children in conflict with the law shall provide a home SEC. 52. Rehabilitation of Children in Conflict with the
environment where children in conflict with the law can Law. - Children in conflict with the law, whose sentences
be provided with quality counseling and treatment. are suspended may, upon order of the court, undergo
any or a combination of disposition measures best suited
SEC. 47. Female Children. - Female children in conflict to the rehabilitation and welfare of the child as provided
with the law placed in an institution shall be given special in the Supreme Court Rule on Juveniles in Conflict with
attention as to their personal needs and problems. They the Law.
shall be handled by female doctors, correction officers If the community-based rehabilitation is availed of by a
and social workers, and shall be accommodated child in conflict with the law, he/she shall be released to
separately from male children in conflict with the law. parents, guardians, relatives or any other responsible
person in the community. Under the supervision and
SEC. 48. Gender-Sensitivity Training. - No personnel of guidance of the local social welfare and development
rehabilitation and training facilities shall handle children officer, and in coordination with his/her parents/guardian,
in conflict with the law without having undergone gender the child in conflict with the law shall participate in
sensitivity training. community-based programs, which shall include, but not
limited to:
SEC. 49. Establishment of Youth Detention Homes. - A. Competency and life skills development;
The LGUs shall set aside an amount to build youth B. Socio-cultural and recreational activities;
detention homes as mandated by the Family Courts Act. C.Community volunteer projects;
Youth detention homes may also be established by D.Leadership training;
private and NGOs licensed and accredited by the E. Social services;
DSWD, in consultation with the JJWC. F. Homelife services;
G.Health services; .
H.Spiritual enrichment; and

ISUE–CAS–InM–065 S.Y. 2015-2016
I. Community and family welfare services. because of good behavior as per recommendation of the
In accordance therewith, the family of the child in conflict DSWD social worker and/or any accredited NGO youth
with the law shall endeavor to actively participate in the rehabilitation center shall be provided after-care services
community-based rehabilitation. by the local social welfare and development officer for a
Based on the progress of the youth in the community, a period of at least six (6) months. The service includes
final report will be forwarded by the local social welfare counseling and other community-based services
and development officer to the court for final disposition designed to facilitate social reintegration, prevent re-
of the case. offending and make the children productive members of
If the community-based programs are provided as the community.
diversion measures under Chapter II, Title V, the
programs enumerated above shall be made available to LESSON 7
the child in conflict with the law. EXEMPTING PROVISIONS
SEC. 53. Youth Rehabilitation Center. - The youth SEC. 57.Status Offences. - Any conduct not considered
rehabilitation center shall provide 24-hour group care, an offense or not penalized if committed by an adult shall
treatment and rehabilitation services under the guidance not be considered an offense and shall not be punished
of a trained staff where residents are cared for under a if committed by a child.
structured therapeutic environment with the end view of
reintegrating them in their families and communities as SEC. 58.Offenses Not Applicable to Children. - Persons
socially functioning individuals. A quarterly report shall below eighteen (18) years of age shall be exempt from
be submitted by the center to the proper court on the prosecution for the crime of vagrancy and prostitution
progress of the children in conflict with the law. Based on under Section 202 of the Revised Penal Code, of
the progress of the youth in the center, a final report will mendicancy under Presidential Decree No. 1563, and
be forwarded to the court for final disposition of the case. sniffing of rugby under Presidential Decree No. 1619,
The DSWD shall establish youth rehabilitation centers in such prosecution being inconsistent with the United
each region of the country. Nations Convention on the Rights of the Child: Provided,
That said persons shall undergo appropriate counseling
SEC. 54. Objectives of Community Based Programs. - and treatment program.
The objectives of community-based programs are as
follows: SEC. 59.Exemption from the Application of Death
(a) Prevent disruption in the education or means Penalty. - The provisions of the Revised Penal Code, as
of livelihood of the child in conflict with the law amended, Republic Act No. 9165, otherwise known as
in case he/she is studying, working or the Comprehensive Dangerous Drugs Act of 2002, and
attending vocational learning institutions; other special laws notwithstanding, no death penalty
(b) Prevent separation of the child in conflict with shall be imposed upon children in conflict with the law.
the law from his/her parents/guardians to
maintain the support system fostered by their LESSON 8
relationship and to create greater awareness of PROHIBITED ACTS
their mutual and reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming SEC. 60. Prohibition Against Labeling and Shaming. - In
of the child in conflict with the law and the conduct of the proceedings beginning from the initial
encourage community support and contact with the child, the competent authorities must
involvement; and refrain from branding or labeling children as young
(d) Minimize the stigma that attaches to the child criminals, juvenile delinquents, prostitutes or attaching to
in conflict with the law by preventing jail them in any manner any other derogatory names.
detention. Likewise, no discriminatory remarks and practices shall
be allowed particularly with respect to the child's class or
SEC. 55. Criteria of Community-Based Programs. - ethnic origin.
Every LGU shall establish community-based programs
that will focus on the rehabilitation and reintegration of SEC. 61. Other Prohibited Acts. - The following and any
the child. All programs shall meet the criteria to be other similar acts shall be considered prejudicial and
established by the JJWC which shall take into account detrimental to the psychological, emotional, social,
the purpose of the program, the need for the consent of spiritual, moral and physical health and well-being of the
the child and his/her parents or legal guardians, and the child in conflict with the law and therefore, prohibited:
participation of the child-centered agencies whether (b) Employment of threats of whatever kind and
public or private. nature;
(c) Employment of abusive, coercive and punitive
SEC. 56. After-Care Support Services for Children in measures such as cursing, beating, stripping,
Conflict with the Law. - Children in conflict with the law and solitary confinement;
whose cases have been dismissed by the proper court

ISUE–CAS–InM–065 S.Y. 2015-2016
(d) Employment of degrading, inhuman end cruel SEC. 65. Children Detained Pending Dial. - If the child is
forms of punishment such as shaving the detained pending trial, the Family Court shall also
heads, pouring irritating, corrosive or harmful determine whether or not continued detention is
substances over the body of the child in necessary and, if not, determine appropriate alternatives
conflict with the law, or forcing him/her to walk for detention.
around the community wearing signs which If detention is necessary and he/she is detained with
embarrass, humiliate, and degrade his/her adults, the court shall immediately order the transfer of
personality and dignity; and the child to a youth detention home.
(e) Compelling the child to perform involuntary
servitude in any and all forms under any and SEC. 66. Inventory of "Locked-up" and Detained
all instances. Children in Conflict with the Law. - The PNP, the BJMP
and the BUCOR are hereby directed to submit to the
LESSON 9 JJWC, within ninety (90) days from the effectivity of this
PENAL PROVISION Act, an inventory of all children in conflict with the law
SEC. 62.Violation of the Provisions of this Act or Rules under their custody.
or Regulations in General. - Any person who violates any
provision of this Act or any rule or regulation SEC. 67. Children Who Reach the Age of Eighteen (18)
promulgated in accordance thereof shall, upon conviction Years Pending Diversion and Court Proceedings. - If a
for each act or omission, be punished by a fine of not child reaches the age of eighteen (18) years pending
less than Twenty thousand pesos (P20,000.00) but not diversion and court proceedings, the appropriate
more than Fifty thousand pesos (P50,000.00) or suffer diversion authority in consultation with the local social
imprisonment of not less than eight (8) years but not welfare and development officer or the Family Court in
more than ten (10) years, or both such fine and consultation with the Social Services and Counseling
imprisonment at the discretion of the court, unless a Division (SSCD) of the Supreme Court, as the case may
higher penalty is provided for in the Revised Penal Code be, shall determine the appropriate disposition. In case
or special laws. If the offender is a public officer or the appropriate court executes the judgment of
employee, he/she shall, in addition to such fine and/or conviction, and unless the child in conflict the law has
imprisonment, be held administratively liable and shall already availed of probation under Presidential Decree
suffer the penalty of perpetual absolute disqualification. No. 603 or other similar laws, the child may apply for
probation if qualified under the provisions of the
LESSON 10 Probation Law.
APPROPRIATION PROVISION
SEC. 63. Appropriations. - The amount necessary to SEC. 68. Children Who Have Been Convicted and are
carry out the initial implementation of this Act shall be Serving Sentence. - Persons who have been convicted
charged to the Office of the President. Thereafter, such and are serving sentence at the time of the effectivity of
sums as may be necessary for the continued this Act, and who were below the age of eighteen (18)
implementation of this Act shall be included in the years at the time the commission of the offense for which
succeeding General Appropriations Act. they were convicted and are serving sentence, shall
An initial amount of Fifty million pesos (P50,000,000.00) likewise benefit from the retroactive application of this
for the purpose of setting up the JJWC shall be taken Act. They shall be entitled to appropriate dispositions
from the proceeds of the Philippine Charity Sweepstakes provided under this Act and their sentences shall be
Office. adjusted accordingly. They shall be immediately
released if they are so qualified under this Act or other
LESSON 11 applicable law.
TRANSITORY PROVISIONS
SEC. 64. Children in Conflict with the Law Fifteen (15)
Years Old and Below. - Upon effectivity of this Act, cases LAW ENFORCER OF PD 603
of children fifteen (15) years old and below at the time of 1. DSWD - It provides shelter and food needs by
the commission of the crime shall immediately be children that includes the custody of these
dismissed and the child shall be referred to the youthful offenders.
appropriate local social welfare and development officer.
Such officer, upon thorough assessment of the child, 2. DILG/PNP - It protects and provides physical
shall determine whether to release the child to the security.
custody of his/her parents, or refer the child to prevention
programs as provided under this Act. Those with 3. DOJ - It corrects and rehabilitates delinquent
suspended sentences and undergoing rehabilitation at children and youthful offenders.
the youth rehabilitation center shall likewise be released,
unless it is contrary to the best interest of the child. 4. DOH - It provides medical services.

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RIGHTS OF THE FILIPINO CHILD (PD 603, ARTICLE eventual placement by DSWD. The number of
3) children in a receiving home shall not at any
2. Right to be born well time exceed nine (9).
3. Right to a wholesome family life that will
provide him love, care and understanding, 5. Nursery. A child-caring institution that provides
guidance and counseling, a moral and material care for six or more children below six years of
security. age for all or part of a twenty-four hour day,
4. Right to well0rounded development of his except those duly licensed to offer primary
personality. medical and educational services.
5. Right to a balanced diet, adequate clothing,
sufficient shelter, proper medical attention, and 6. Maternity Home. An institution or place of
all the basic physical requirements of healthy residence whose primary function is to give
and vigorous life. shelter and care to pregnant women and their
6. Rights to be brought up in an atmosphere of infants before, during and after delivery.
morality and rectitude for the enrichment and
the strengthening of his character. 7. Rehabilitation center. An institution that
7. Right to an education. receives and rehabilitates youthful offenders or
8. Right to full opportunities for safe and other disturbed children.
wholesome recreation and activities.
9. Right to protection against exploitation, 8. Reception and study center. An institution that
improper influences and hazards. receives for study, diagnosis and temporary
10. Right to live in a community and society. treatment, children who have behavioral
11. Right to care, assistance and protection of the problems for the purpose of determining the
State. appropriate care for them or recommending
12. Right to an efficient and honest government. their permanent treatment or rehabilitation in
13. Right to grow up as a free individual. other child welfare agencies.
CLASSIFICATION OF CHILDREN AND YOUTH 9. Child-placing Agency. An institution or person

WELFARE AGENCIES assuming care, custody, protection and
maintenance of children for placement in any
1. Child Caring Institution. One that provides 24- child-caring institution or home or under the
hour resident group care service for the care and custody of any person for adoption,
physical, mental, social and spiritual well-being guardianship or foster care.
of nine (9) or more mentally gifted, dependent,
abandoned, neglected, handicapped, disturbed SALIENT PROVISIONS OF PD NO. 603 NOT
or youthful offenders. An institution whose AMENDED BY R.A 9344.
primary purpose is education is deemed to be
a child-caring institution if nine or more of its A. Article 190. It shall be the duty of the law
pupils or wards do not return annually to the enforcement agency concerned to take the
homes of their parents for at least two months youthful offender, immediately after
of summer vacation. apprehension, to any available government
medical or health officer for physical and
2. Detention Homes. A 24-hour child caring mental examination. The examination and
institution providing short term resident care for treatment papers shall form part of the record
youthful offenders who are awaiting court of the case of the youth offenders.
disposition of their cases or transfer to other
agencies or jurisdiction. B. Article 191. A youthful offender held for
examination or trial or pending appeal, if
3. Shelter-care Institution. One that provides unable to furnish bail from the time of his
temporary protection and care to children arrest, shall be committed to the care of the
requiring emergency reception as a result of DSWD, or local rehabilitation center in the
fortuitous events, abandonment by parents, locality; if not available, the provincial, city or
dangerous conditions of neglect or cruelty in municipal jail provide quarters for youthful
the home or a court order holding them as a offenders separate from detainees. The court
child witness. may, in its discretion, upon recommendation of
the DSWD release the youthful offender on
4. Receiving homes. Family type homes which recognizance to the custody of his parents or
provide temporary shelter from ten (10) to other suitable person who shall be responsible
twenty (20) days for children who shall during for his appearance whenever required. (If
this period be under observation and study for detained in jail, youthful offender is expected to

ISUE–CAS–InM–065 S.Y. 2015-2016
be escorted by a police officer every time the

court requires his appearance). G. Article 197.Return of Youthful of Youthful
Offender to Court – The youthful offender shall
C. Article 192. Suspension of Sentence and be returned to returned to the committing court
Commitment of Youthful Offenders – If after for the pronouncement of judgment: (1) when
hearing, the court finds that the youthful he is found to be incorrigible or has willfully
offender has committed the act charge against failed to comply with the conditions of his
him, the court should determine the imposable rehabilitation program, (2) when he has
penalty including the civil liability. (However, reached the age 21 while in commitment
instead of pronouncing judgment of conviction, (unless his case is dismissed in accordance
the court, upon application of the youthful with Article 196). In the latter case, the
offender and it if finds that the best interest of convicted youth offender may apply for
the public as well as that of the youthful youthful offender shall be credited in the
offender will be serve thereby, shall suspend service of his sentence with the full time spent
all further proceedings and shall commit such in actual commitment and detention affected
minor to the custody or care of the DSWD or under the provisions of this chapter.
any training institution or responsible person
until he have reached 21 years of age, or for a H. Article 198. Effect of Released of Child Based
shorter period until he shall have reached 21 on Good Conduct- the Final release of a child
years of age, or for a shorter period as the pursuant to the provisions of this chapter does
court may deem proper after considering the not obliterate his liability for damages. Such
reports and recommendations of the institution released shall be without prejudice to the right
or person under whose care he has been for a writ of execution for the recovery of civil
committed). Under RA 8369, the judgment is damages.
promulgated and the suspension of the
sentence is automatic, without the need of I. Article 199. Living Quarters for Youthful
application by the Youthful Offender (YO). Offenders- Youthful Offenders under Article
( Section 5, par. a.) The benefits of this article 197 shall be committed to the proper penal
does not apply to a youthful offender who was institution to serve the remaining period of his
enjoyed suspension of sentence under its sentence, provided that, they shall be provided
provision or to one who is convicted of an with separate quarters and as far practicable,
offense punishable by death or life group them according to appropriate age levels
imprisonment or to one who is convicted for an or other criteria as will insure their speedy
offense by Military Tribunals. (As amended by rehabilitation, provided further that the Bureau
PD1179 and PD 1210, October 11, 1978). of Prisons shall maintain agricultural and
forestry camps where youthful offenders may
D. Article 194. Care and Maintenance of Youthful serve their sentence in lieu of confinement in
Offenders – Parents are primarily liable to regular penitentiaries.
support him, if not then the municipality;
province; or the national government. J. Article 200.Record of Proceedings – 1) When a
Youthful Offender has been charged and the
E. Article 195.Report and Conduct of Child. charged and the charges have been ordered
DSWD or government training institution or dropped, all the records of the case shall be
individual under whose care the Youthful considered privileged and may not be
Offender has been committed- to submit to disclosed directly or indirectly to any one for
court every 4 months or oftener as may be any one for any purpose whatsoever. 2) Where
required to special cases a written report on the Youthful Offender has been charged and
the conduct of the YO as the intellectual, the courts acquit him, or dismiss the case
physical, moral, social and emotional progress against him or commits him.
made upon him.
K. Article 201.Civil Liability of Youthful Offenders
F. Article 196.Dismissal of the Case – If it is – The civil liability for the acts committed by a
shown to the satisfaction of the court that the youthful offender shall devolve upon the
youthful offender whose sentenced has been offenders father or mother or the guardian as
suspended, has behaved properly and has the case may be. A relative or family friend of
shown his capability to be a useful member of the youthful offender may also voluntarily
the community even before reaching the age of assume civil liability to an institution and
majority, upon the recommendation of the subsequently releases him, all records of his
DSWD, it shall dismiss the case and order his case shall also be considered privileged and
final discharge. may not be disclosed directly or indirectly to

ISUE–CAS–InM–065 S.Y. 2015-2016
anyone except: a) to determine if a defendant

may have sentence suspended under Article
192; b) or if he may be granted probation
under PD 968; c) or to enforce his civil liability
if the same has been imposed in the criminal
action. The youthful Offender concerned shall
not be held under any probation of law to be
guilty of perjury or of concealment or
misrepresentation by reason of his failure to
acknowledgement the case or recite any fact
related thereto in response to any inquiry made
to hi for any purpose. Record within the
meaning of his Article shall include those,
which may be in the files of the NBI, police
department or any government agency
involved in the case; Medical/treatments
records mentioned in Article 190.
CHAPTER SIX
CHILD ABUSE, PROSTITION, TRAFFICKING AND
PORNOGRAPHY

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Chapter’s Contents: a child by parents or caretaker to cause

A. Children and Child Abuse defined pain, injury or death. Example: Beating a
B. Type of child abuses child with bare hands, electric cord,
C. Effects of child abuse burning the child’s arms and hands or
D. Disclosure of abuse and neglect feet. A deliberate non- accidental assault
E. Reporting child abuse and neglect by an adult or more powerful child that
F. Salient features of RA No. 7610 result to physical harm. It includes the
a. Section 1-13 unreasonable force to discipline. Such as
b. Section 22 kicking, boxing, beating, locking in
c. Section 25 unventilated area, hanging, knotting
d. Section 30 hands too tight, whipping, spanking,
e. Section 31 slapping, mutilating.
G. Child Prostitution Under Republic Act No. 7610
H. Child Trafficking (Republic Act No. 9208) physical abuse is refer to any act which
I. Child Pornography (Republic Act No. results in non-accidental physical injury
9775) and/or unreasonable infliction of physical
J. Child Employment (Republic Act No. 7658) injury to a child. Which includes but is not
limited to lacerations, fractures, severe
Chapter’s Specific Objectives beatings, slap with full hands, kicking,
At the end of the lesson, students should be able to: inflicting burns, suffocating, pinching,
1. become knowledgeable on the different punching, shaking, hanging and other
acts of Abuse, exploitation and similar acts. Also known as child
discrimination towards children. battering.
2. familiarize themselves with the penal
sanctions of R.A 7610. 2. EMOTIONAL CHILD ABUSE -
3. know the different acts of abuse towards Encompasses the lack of love and
children and how to report the same to affection as well as deliberate with holding
proper authority. of contact and approval, it may include a
4. identify the salient features of the Child steady diet of put downs, humiliation,
Abuse Law. name calling, escape gating, lying,
5. learn the elements in consummating the demanding excessive responsibilities,
crime of child prostitution and other related unrealistic expectation. The following are
acts of sexual abuse to children. the perspective of emotional child abuse:
1. Psychological perspective-
6. know the salient features of RA 9208, RA
characterized by emotionally
9775, and RA 7658.
disturbed and mentally deficient
children with poor impulse controls
2. Normally healthy perspective-
A. CHILD OR CHILDREN defined Running away is nothing special, It is
A child refers to a person below eighteen (18) years merely an attempt by adolescent to
of age or one over said age and who, upon evaluation of search for adventure for or find new
a qualified physician, psychologist or psychiatrist, is experiences.
found to be incapable of taking care of himself fully 3. Sociological Perspective- running
because of a physical or mental disability or condition or away is response by adolescence to
of protecting himself from abuse. problems and stress in the home.
Children run way from home
CHILD ABUSE defined because of abuse or neglect in the
Child abuse is an act of deliberately inflicting family.
physical injuries upon a child. Unreasonable deprivation
of child’s basic needs, e.g. food, shelter or both that 3. SEXUAL CHILD ABUSE - Refers to any
could result to serious impairment of his/her growth/ sexual activity that involves physical
development, incapacity or death. Any act which contact or sexual arousal between
debases or demeans the intrinsic with the dignity of the members of the family. Includes incest
child as human being is also considered as an abuse. relationship. This considered as an
interfamily sexual abuse. R.A 7610 states
that sexual abuse in any behavior of
sexual nature towards a child including
B. TYPE OF CHILD ABUSES (Keyword: PES-PNET) the ff.
1. PYSICAL ABUSE/MALTREATMENT -
Refers to the intentional behavior toward

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1. Touching or sexual establishment where they are not directly

intercourse( vagina or anal) under the supervision of their parents,
2. Menacing or Treating sexual guardian or the latter employ other
acts, obscene gestures, and workers apart from their children.
obscene communication. Examples of which are minors employed
3. Deliberate exposure of the child in hazardous occupations like drivers,
to sexual activity charcoal burners, stone splitters,
4. Sexual exploitation which operators of farm machines and
includes permission, equipment, work in slaughter houses,
encouragement or requirement dockworks, lifting, handling and carrying
for a child to engage in. heavy loads as enumerated in DOLE
5. Prostitution Department Order No. 4.
6. Production of material of
pornographic nature 7. CHILD TRAFFICKING - the act of
7. Requiring the child to expose engaging in trading and dealing with
his body for sexual purpose. children including, but not limited to, the
act of buying and selling of a child for
Sexual Abuse Sexual Exploitation money, or for any other consideration, or
barter. Attempt to commit child trafficking
include the following:
It is the involvement of Act involving children a. When a child travels alone to a
the child in sexual whether male or female, foreign country without reason
activity with an adult or who for money, profit or therefore and without clearance
any person older or any other consideration issued by the DSWD or written
bigger in which for or due to coercion or permit or justification from the
gratification of older influence by an adult, child’s parents or legal
person’s needs or syndicate or group, to guardian;
desires are achieved. It indulge in sexual b. When a pregnant mother
also includes the intercourse or lascivious executes an affidavit or consent
employment, use, conduct. It includes for adoption for a consideration;
persuasion, inducement, hiring, persuasion, c. When a person, agency,
enticement, or coercion inducement or coercion establishment or child caring
of a child to engage in or of a child to perform institution recruits women or
assist another person to obscene exhibitions and couples to bear children for
engage in sexual indecent shows, whether child trafficking;
intercourse or lascivious live or in video, or to d. When a doctor, hospital or clinic
conduct or the pose or act as a model in official or employee, nurse,
molestation, prostitution obscene publications or midwife, local civil registrar or
or incest with children. pornographic materials or any other person simulates birth
to sell or distribute the for the purposed of child
said materials. trafficking;
e. When a person engages in the
4. PSYCHOLOGICAL ABUSE - any harm to act of finding children among
child’s emotional or intellectual low-income families, hospitals,
functioning, which includes but not limited clinics, nurseries, day care
to cursing, belittling, rejecting, using centers or other child caring
degrading words and other similar acts. institutions who can be offered
for the purpose of child
5. CHILD NEGLECT – Any unreasonable trafficking;
deprivation of child’s basic needs such as f. Recruitment of children for
food, clothing, shelter, education, medical illegal employment.
and general care and supervision by
parents, guardians or custodians and C. CAUSES OF CHILD ABUSE AND NEGLECT -
when they are forced to assume duties Parents/adults may abuse children due to
that are not appropriate to their age and ignorance, emotional maturity, stresses such as
physique. marital or economic problems, a predisposition
toward maltreatment (perhaps as a result of having
6. CHILD LABOR EXPLOITATION - the act been abuse, molested or neglected), a lack of
of employing, permitting or allowing constructive outlets for tension, anger or
children below 15 years of age to suffer to aggression, or poor impulse control. In addition,
work in any public or private
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parents and other adults may abuse children as a an open mind and a willingness to
result of mental disturbance, sexual perversion and believe them
those under the influence of alcohol and prohibited 2. Indirect Disclosure – sometimes
drugs. These are the three factors leading to the children do not tell others directly but
occurrence of abuse and neglect: use indirect methods of
f. Parent Factors- characteristics of communicating about their abuse or
parents that increase likelihood of neglect. These includes their
abuse. behaviors, emotions, art, writing,
g. Child Factors - characteristics in the appearance, inquiries, discussion of
child that increase likelihood of fears, concerns or relationship.
abuse. Children also divulge information
h. Environment Factors - refers to the through indirect statements, made
physical, social, economic conditions with conditions or third party
creating crisis situation that statements.
increases likelihood of abuse.
G. REPORTING CHILD ABUSE AND NEGLECT - In
D. CHILD ABUSER - A child abuser is any person some ways, this is the simplest yet the most urgent
regardless of age, sex, race, creed or color who aspect of responding to child abuse or neglect. If
deliberately commits or perpetuates any acts you have reason to believe a child has been or is
defined as constituting child abuse. A child abuser likely to be abused, neglected or need protection
is usually a person known or trusted by the child – you must report the matter immediately.
can be a family member, a relative, neighbor, friend,
teacher, baby sitter or child care giver. He or she H. CHILD ABUSE PREVENTION
may also be a stranger to the child. Study shows 1. Primary Prevention – refers to program aimed
that most child abusers have been victim of child at eliminating the root causes of abuse and
abuse. violence within our society.
2. Secondary Prevention – refers to
E. EFFECTS OF CHILD ABUSE - Child abuse step/measures to keep a child safe from abuse
adversely affects the normal, physical and and exploitation.
psychological growth and development of the child. 3. Tertiary Prevention – refers to the actions to be
It may vary depending on the degree of abuse on taken in a situation where a child has already
the child. been abused to prevent the recurrence of the
j. Physical Effects - Malnutrition, sexually same acts.
transmitted diseases, AIDS, unwanted
pregnancy, permanent physical I. LAW ON CHILD ABUSE IN THE PHILIPPINES
disabilities, drug addiction and death. The law on child abuse in the Philippines is
k. Psychological and Social Effects - Republic Act no. 7610 otherwise known as Special
Withdrawal syndrome, extreme Protection of Children against Child Abuse, Exploitation
depression, sense of alienation, and Discrimination Act. It was approved on June 17,
suicidal/self destructive tendencies, 1992.
emotional breakdown, aggressive The following are the other laws protecting the
behavior, low self image relationship rights of children against abuse, violence and
problems, rejection, fear, confusion maltreatment:
1. Republic Act no. 9262 - it is otherwise known
F. DISCLOSURE OF ABUSE AND NEGLECT - as Anti-Violence against Women and Their
Sometimes children will tell you directly that they Children Act of 2004.
are being abused or neglected. Sometimes they use 2. Republic Act no. 7658 - An Act Prohibiting the
indirect ways to tell you, through art, writing or hints Employment of Children below 15 years of age
which is known to be as disclosures. The following in Public and Private Undertakings.
are the two ways of Disclosure: 3. Republic Act No. 9208 - An act to institute
1. Direct Disclosure – sometimes policies to eliminate trafficking in persons
children tell others directly that they especially women and children, establishing
are being abused and neglected. the necessary institutional mechanisms for the
They will start with an example and protection and support of trafficked persons,
watch how you react. Research providing penalties for its violations, and for
indicates that children tell their story other This Act shall be known as the "Anti-
many times before action is taken. Trafficking in Persons Act of 2003".
You should respond to a child’s 4. Republic Act No. 9775 – An act defining the
disclosure of abuse or neglect with crime of child pornography, prescribing
penalties therefor and for other purposes. This

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Act shall be known as the "Anti-Child and development or in his permanent

Pornography Act of 2009." incapacity or death.
J. SALIENT FEATURES OF REPUBLIC ACT NO. (b) "Circumstances which gravely threaten or
7610 endanger the survival and normal development
of children" include, but are not limited to, the
DECLARATION OF STATE POLICY AND PRINCIPLES following;
It is hereby declared to be the policy of the (1) Being in a community where there is
State to provide special protection to children from all armed conflict or being affected by
firms of abuse, neglect, cruelty exploitation and armed conflict-related activities;
discrimination and other conditions, prejudicial their (2) Working under conditions hazardous
development; provide sanctions for their commission and to life, safety and normal which
carry out a program for prevention and deterrence of and unduly interfere with their normal
crisis intervention in situations of child abuse, development;
exploitation and discrimination. The State shall intervene (3) Living in or fending for themselves in
on behalf of the child when the parent, guardian, teacher the streets of urban or rural areas
or person having care or custody of the child fails or is without the care of parents or a
unable to protect the child against abuse, exploitation guardian or basic services needed
and discrimination or when such acts against the child for a good quality of life;
are committed by the said parent, guardian, teacher or (4) Being a member of a indigenous
person having care and custody of the same. cultural community and/or living
It shall be the policy of the State to protect and under conditions of extreme poverty
rehabilitate children gravely threatened or endangered or in an area which is
by circumstances which affect or will affect their survival underdeveloped and/or lacks or has
and normal development and over which they have no inadequate access to basic services
control. needed for a good quality of life;
The best interests of children shall be the (5) Being a victim of a man-made or
paramount consideration in all actions concerning them, natural disaster or calamity; or
whether undertaken by public or private social welfare (6) Circumstances analogous to those
institutions, courts of law, administrative authorities, and abovestated which endanger the life,
legislative bodies, consistent with the principle of First safety or normal development of
Call for Children as enunciated in the United Nations children.
Convention of the Rights of the Child. Every effort shall
be exerted to promote the welfare of children and (c) "Comprehensive program against child abuse,
enhance their opportunities for a useful and happy life. exploitation and discrimination" refers to the
(Section 2, Republic Act no. 7610) coordinated program of services and facilities
to protected children against:
DEFINITION OF TERMS (1) Child Prostitution and other sexual
"Children" refers to person below eighteen (18) abuse;
years of age or those over but are unable to fully take (2) Child trafficking;
care of themselves or protect themselves from abuse, (3) Obscene publications and indecent
neglect, cruelty, exploitation or discrimination because of shows;
a physical or mental disability or condition; (4) Other acts of abuses; and
(a) "Child abuse" refers to the maltreatment, (5) Circumstances which threaten or
whether habitual or not, of the child which endanger the survival and normal
includes any of the following: development of children. (Section 3,
(1) Psychological and physical abuse, Republic Act no. 7610)
neglect, cruelty, sexual abuse and
emotional maltreatment; PROGRAM ON CHILD ABUSE, EXPLOITATION AND
(2) Any act by deeds or words which DISCRIMINATION
debases, degrades or demeans the There shall be a comprehensive program to be
intrinsic worth and dignity of a child formulated, by the Department of Justice and the
as a human being; Department of Social Welfare and Development in
(3) Unreasonable deprivation of his coordination with other government agencies and private
basic needs for survival, such as sector concerned, within one (1) year from the effectivity
food and shelter; or of this Act, to protect children against child prostitution
(4) Failure to immediately give medical and other sexual abuse; child trafficking, obscene
treatment to an injured child resulting publications and indecent shows; other acts of abuse;
in serious impairment of his growth and circumstances which endanger child survival and
normal development. (Section 4, Republic Act no. 7610)

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ATTEMPT TO COMMIT CHILD PROSTITUTION

CHILD PROSTITUTION There is an attempt to commit child prostitution
under Section 5, paragraph (a) hereof when any person
Prostitution - refers to any act, transaction, scheme or who, not being a relative of a child, is found alone with
design involving the use of a person by another, for the said child inside the room or cubicle of a house, an
sexual intercourse or lascivious conduct in exchange for inn, hotel, motel, pension house, apartelle or other
money, profit or any other consideration. similar establishments, vessel, vehicle or any other
hidden or secluded area under circumstances which
CHILD PROSTITUTION AND OTHER SEXUAL ABUSE would lead a reasonable person to believe that the child
Children, whether male or female, who for is about to be exploited in prostitution and other sexual
money, profit, or any other consideration or due to the abuse.
coercion or influence of any adult, syndicate or group, There is also an attempt to commit child
indulge in sexual intercourse or lascivious conduct, are prostitution, under paragraph (b) of Section 5 hereof
deemed to be children exploited in prostitution and other when any person is receiving services from a child in a
sexual abuse. sauna parlor or bath, massage clinic, health club and
The penalty of reclusion temporal in its other similar establishments. A penalty lower by two (2)
medium period to reclusion perpetua shall be imposed degrees than that prescribed for the consummated
upon the following: felony under Section 5 hereof shall be imposed upon the
(a) Those who engage in or promote, facilitate or principals of the attempt to commit the crime of child
induce child prostitution which include, but are prostitution under this Act, or, in the proper case, under
not limited to, the following: the Revised Penal Code. (Section 6, Republic Act no.
(1) Acting as a procurer of a child 7610)
prostitute;
(2) Inducing a person to be a client of a CHILD TRAFFICKING
child prostitute by means of written
or oral advertisements or other Trafficking in Persons
similar means; It refers to the recruitment, transportation,
(3) Taking advantage of influence or transfer or harboring, or receipt of persons with or
relationship to procure a child as without the victim's consent or knowledge, within or
prostitute; across national borders by means of threat or use of
(4) Threatening or using violence force, or other forms of coercion, abduction, fraud,
towards a child to engage him as a deception, abuse of power or of position, taking
prostitute; or advantage of the vulnerability of the person, or, the
(5) Giving monetary consideration goods giving or receiving of payments or benefits to achieve the
or other pecuniary benefit to a child consent of a person having control over another person
with intent to engage such child in for the purpose of exploitation which includes at a
prostitution. minimum, the exploitation or the prostitution of others or
(b) Those who commit the act of sexual other forms of sexual exploitation, forced labor or
intercourse of lascivious conduct with a child services, slavery, servitude or the removal or sale of
exploited in prostitution or subject to other organs.
sexual abuse; Provided, That when the victims The recruitment, transportation, transfer,
is under twelve (12) years of age, the harboring or receipt of a child for the purpose of
perpetrators shall be prosecuted under Article exploitation shall also be considered as "trafficking in
335, paragraph 3, for rape and Article 336 of persons" even if it does not involve any of the means set
Act No. 3815, as amended, the Revised Penal forth in the preceding paragraph. (Section 3(a), Republic
Code, for rape or lascivious conduct, as the Act No. 9208)
case may be: Provided, That the penalty for
lascivious conduct when the victim is under CHILD TRAFFICKING
twelve (12) years of age shall be reclusion Any person who shall engage in trading and
temporal in its medium period; and dealing with children including, but not limited to, the act
(c) Those who derive profit or advantage of buying and selling of a child for money, or for any
therefrom, whether as manager or owner of the other consideration, or barter, shall suffer the penalty of
establishment where the prostitution takes reclusion temporal to reclusion perpetua. The penalty
place, or of the sauna, disco, bar, resort, place shall be imposed in its maximum period when the victim
of entertainment or establishment serving as a is under twelve (12) years of age. (Section 7, Republic
cover or which engages in prostitution in Act no. 7610)
addition to the activity for which the license has
been issued to said establishment. (Section 5, ATTEMPT TO COMMIT CHILD TRAFFICKING
Republic Act no. 7610) There is an attempt to commit child trafficking under
Section 7 of this Act:

ISUE–CAS–InM–065 S.Y. 2015-2016
When a child travels alone to a foreign country (g) To recruit, hire, adopt, transport or abduct a
without valid reason therefor and without clearance person, by means of threat or use of force,
issued by the Department of Social Welfare and fraud, deceit, violence, coercion, or intimidation
Development or written permit or justification from the for the purpose of removal or sale of organs of
child's parents or legal guardian; said person; and
(a) When a person, agency, establishment or (h) To recruit, transport or adopt a child to engage
child-caring institution recruits women or in armed activities in the Philippines or abroad.
couples to bear children for the purpose of (Section 4, Republic Act no. 9208)
child trafficking; or
(b) When a doctor, hospital or clinic official or
employee, nurse, midwife, local civil registrar Acts that Promote Trafficking in Persons
or any other person simulates birth for the The following acts which promote or facilitate
purpose of child trafficking; or trafficking in persons, shall be unlawful:
(c) When a person engages in the act of finding (a) To knowingly lease or sublease, use or allow to
children among low-income families, hospitals, be used any house, building or establishment
clinics, nurseries, day-care centers, or other for the purpose of promoting trafficking in
child-during institutions who can be offered for persons;
the purpose of child trafficking. (b) To produce, print and issue or distribute
A penalty lower two (2) degrees than that prescribed unissued, tampered or fake counseling
for the consummated felony under Section 7 hereof shall certificates, registration stickers and
be imposed upon the principals of the attempt to commit certificates of any government agency which
child trafficking under this Act. (Section 8, Republic Act issues these certificates and stickers as proof
no. 7610) of compliance with government regulatory and
pre-departure requirements for the purpose of
Acts of Trafficking in Persons. promoting trafficking in persons;
It shall be unlawful for any person, natural or (c) To advertise, publish, print, broadcast or
juridical, to commit any of the following acts: distribute, or cause the advertisement,
(a) To recruit, transport, transfer; harbor, provide, publication, printing, broadcasting or
or receive a person by any means, including distribution by any means, including the use of
those done under the pretext of domestic or information technology and the internet, of any
overseas employment or training or brochure, flyer, or any propaganda material
apprenticeship, for the purpose of prostitution, that promotes trafficking in persons;
pornography, sexual exploitation, forced labor, (d) To assist in the conduct of misrepresentation
slavery, involuntary servitude or debt bondage; or fraud for purposes of facilitating the
(b) To introduce or match for money, profit, or acquisition of clearances and necessary exit
material, economic or other consideration, any documents from government agencies that are
person or, as provided for under Republic Act mandated to provide pre-departure registration
No. 6955, any Filipino woman to a foreign and services for departing persons for the
national, for marriage for the purpose of purpose of promoting trafficking in persons;
acquiring, buying, offering, selling or trading (e) To facilitate, assist or help in the exit and entry
him/her to engage in prostitution, pornography, of persons from/to the country at international
sexual exploitation, forced labor, slavery, and local airports, territorial boundaries and
involuntary servitude or debt bondage; seaports who are in possession of unissued,
(c) To offer or contract marriage, real or simulated, tampered or fraudulent travel documents for
for the purpose of acquiring, buying, offering, the purpose of promoting trafficking in persons;
selling, or trading them to engage in (f) To confiscate, conceal, or destroy the
prostitution, pornography, sexual exploitation, passport, travel documents, or personal
forced labor or slavery, involuntary servitude or documents or belongings of trafficked persons
debt bondage; in furtherance of trafficking or to prevent them
(d) To undertake or organize tours and travel from leaving the country or seeking redress
plans consisting of tourism packages or from the government or appropriate agencies;
activities for the purpose of utilizing and and
offering persons for prostitution, pornography (g) To knowingly benefit from, financial or
or sexual exploitation; otherwise, or make use of, the labor or
(e) To maintain or hire a person to engage in services of a person held to a condition of
prostitution or pornography; involuntary servitude, forced labor, or slavery.
(f) To adopt or facilitate the adoption of persons (Section 5, Republic Act No. 9208)
for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, Qualified Trafficking in Persons
involuntary servitude or debt bondage; The following are considered as qualified trafficking:

ISUE–CAS–InM–065 S.Y. 2015-2016
(a) When the trafficked person is a child; (a) Any person who shall commit any other acts of
(b) When the adoption is effected through child abuse, cruelty or exploitation or to be
Republic Act No. 8043, otherwise known as responsible for other conditions prejudicial to
the "Inter-Country Adoption Act of 1995" and the child's development including those
said adoption is for the purpose of prostitution, covered by Article 59 of Presidential Decree
pornography, sexual exploitation, forced labor, No. 603, as amended, but not covered by the
slavery, involuntary servitude or debt bondage; Revised Penal Code, as amended, shall suffer
(c) When the crime is committed by a syndicate, the penalty of prision mayor in its minimum
or in large scale. Trafficking is deemed period.
committed by a syndicate if carried out by a (b) Any person who shall keep or have in his
group of three (3) or more persons conspiring company a minor, twelve (12) years or under
or confederating with one another. It is deemed or who in ten (10) years or more his junior in
committed in large scale if committed against any public or private place, hotel, motel, beer
three (3) or more persons, individually or as a joint, discotheque, cabaret, pension house,
group; sauna or massage parlor, beach and/or other
(d) When the offender is an ascendant, parent, tourist resort or similar places shall suffer the
sibling, guardian or a person who exercises penalty of prision mayor in its maximum period
authority over the trafficked person or when the and a fine of not less than Fifty thousand
offense is committed by a public officer or pesos (P50,000): Provided, That this provision
employee; shall not apply to any person who is related
(e) When the trafficked person is recruited to within the fourth degree of consanguinity or
engage in prostitution with any member of the affinity or any bond recognized by law, local
military or law enforcement agencies; custom and tradition or acts in the performance
(f) When the offender is a member of the military of a social, moral or legal duty.
or law enforcement agencies; and (c) Any person who shall induce, deliver or offer a
(h) When by reason or on occasion of the act of minor to any one prohibited by this Act to keep
trafficking in persons, the offended party dies, or have in his company a minor as provided in
becomes insane, suffers mutilation or is the preceding paragraph shall suffer the
afflicted with Human Immunodeficiency Virus penalty of prision mayor in its medium period
(HIV) or the Acquired Immune Deficiency and a fine of not less than Forty thousand
Syndrome (AIDS). (Section 5, Republic Act No. pesos (P40,000); Provided, however, That
9208) should the perpetrator be an ascendant,
stepparent or guardian of the minor, the
OBSCENE PUBLICATIONS AND INDECENT SHOWS penalty to be imposed shall be prision mayor in
its maximum period, a fine of not less than Fifty
OBSCENE PUBLICATIONS AND INDECENT SHOWS thousand pesos (P50,000), and the loss of
Any person who shall hire, employ, use, parental authority over the minor.
persuade, induce or coerce a child to perform in obscene (d) Any person, owner, manager or one entrusted
exhibitions and indecent shows, whether live or in video, with the operation of any public or private place
or model in obscene publications or pornographic of accommodation, whether for occupancy,
materials or to sell or distribute the said materials shall food, drink or otherwise, including residential
suffer the penalty of prision mayor in its medium period. places, who allows any person to take along
If the child used as a performer, subject or with him to such place or places any minor
seller/distributor is below twelve (12) years of age, the herein described shall be imposed a penalty of
penalty shall be imposed in its maximum period. prision mayor in its medium period and a fine
Any ascendant, guardian, or person entrusted of not less than Fifty thousand pesos
in any capacity with the care of a child who shall cause (P50,000), and the loss of the license to
and/or allow such child to be employed or to participate operate such a place or establishment.
in an obscene play, scene, act, movie or show or in any (e) Any person who shall use, coerce, force or
other acts covered by this section shall suffer the penalty intimidate a street child or any other child to;
of prision mayor in its medium period. (Section 9, (1) Beg or use begging as a means of
Republic Act no. 7610) living;
(2) Act as conduit or middlemen in drug
trafficking or pushing; or
(3) Conduct any illegal activities, shall
OTHER ACTS OF ABUSE suffer the penalty of prision
correccional in its medium period to
OTHER ACTS OF NEGLECT, ABUSE, CRUELTY OR reclusion perpetua.
EXPLOITATION AND OTHER CONDITIONS For purposes of this Act, the penalty for the
PREJUDICIAL TO THE CHILD'S DEVELOPMENT commission of acts punishable under Articles 248, 249,

ISUE–CAS–InM–065 S.Y. 2015-2016
262, paragraph 2, and 263, paragraph 1 of Act No. 3815,

as amended, the Revised Penal Code, for the crimes of
murder, homicide, other intentional mutilation, and WORKING CHILDREN
serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of EMPLOYMENT OF CHILDREN
age. The penalty for the commission of acts punishable Children below fifteen (15) years of age may be
under Article 337, 339, 340 and 341 of Act No. 3815, as employed except:
amended, the Revised Penal Code, for the crimes of (1) When a child works directly under the sole
qualified seduction, acts of lasciviousness with the responsibility of his parents or legal guardian
consent of the offended party, corruption of minors, and and where only members of the employer's
white slave trade, respectively, shall be one (1) degree family are employed: Provided, however, That
higher than that imposed by law when the victim is under his employment neither endangers his life,
twelve (12) years age. safety and health and morals, nor impairs his
The victim of the acts committed under this normal development: Provided, further, That
section shall be entrusted to the care of the Department the parent or legal guardian shall provide the
of Social Welfare and Development. (Section 10, said minor child with the prescribed primary
Republic Act no. 7610) and/or secondary education; or
(2) When a child's employment or participation in
public & entertainment or information through
SANCTIONS FOR ESTABLISHMENTS OR cinema, theater, radio or television is essential:
ENTERPRISES Provided, The employment contract concluded
by the child's parent or guardian, with the
SANCTIONS OF ESTABLISHMENTS OR express agreement of the child concerned, if
ENTERPRISES WHICH PROMOTE, FACILITATE, OR possible, and the approval of the Department
CONDUCT ACTIVITIES CONSTITUTING CHILD of Labor and Employment: Provided, That the
PROSTITUTION AND OTHER SEXUAL ABUSE, CHILD following requirements in all instances are
TRAFFICKING, OBSCENE PUBLICATIONS AND strictly complied with:
INDECENT SHOWS, AND OTHER ACTS OF ABUSE (a) The employer shall ensure the
All establishments and enterprises which protection, health, safety and morals of
promote or facilitate child prostitution and other sexual the child;
abuse, child trafficking, obscene publications and (b) the employer shall institute measures to
indecent shows, and other acts of abuse shall be prevent the child's exploitation or
immediately closed and their authority or license to discrimination taking into account the
operate cancelled, without prejudice to the owner or system and level of remuneration, and
manager thereof being prosecuted under this Act and/or the duration and arrangement of working
the Revised Penal Code, as amended, or special laws. A time; and;
sign with the words "off limits" shall be conspicuously (c) The employer shall formulate and
displayed outside the establishments or enterprises by implement, subject to the approval and
the Department of Social Welfare and Development for supervision of competent authorities, a
such period which shall not be less than one (1) year, as continuing program for training and skill
the Department may determine. The unauthorized acquisition of the child.
removal of such sign shall be punishable by prision
correccional. In the above exceptional cases where any
such child may be employed, the employer shall first
An establishment shall be deemed to promote secure, before engaging such child, a work permit from
or facilitate child prostitution and other sexual abuse, the Department of Labor and Employment which shall
child trafficking, obscene publications and indecent ensure observance of the above requirement.
shows, and other acts of abuse if the acts constituting
the same occur in the premises of said establishment The Department of Labor Employment shall
under this Act or in violation of the Revised Penal Code, promulgate rules and regulations necessary for the
as amended. An enterprise such as a sauna, travel effective implementation of this Section. (Section 12,
agency, or recruitment agency which: promotes the Republic Act no. 7610)
aforementioned acts as part of a tour for foreign tourists;
exhibits children in a lewd or indecent show; provides NON-FORMAL EDUCATION FOR WORKING
child masseurs for adults of the same or opposite sex CHILDREN
and said services include any lascivious conduct with the The Department of Education, Culture and
customers; or solicits children or activities constituting Sports shall promulgate a course design under its non-
the aforementioned acts shall be deemed to have formal education program aimed at promoting the
committed the acts penalized herein. (Section 11, intellectual, moral and vocational efficiency of working
Republic Act no. 7610) children who have not undergone or finished elementary

ISUE–CAS–InM–065 S.Y. 2015-2016
or secondary education. Such course design shall cultural communities are given equal attention. In the
integrate the learning process deemed most effective provision of health and nutrition services to children of
under given circumstances. (Section 13, Republic Act indigenous cultural communities, indigenous health
no. 7610) practices shall be respected and recognized. (Section
19, Republic Act no. 7610)
PROHIBITION ON THE EMPLOYMENT OF CHILDREN
IN CERTAIN ADVERTISEMENTS
No person shall employ child models in all Discrimination
commercials or advertisements promoting alcoholic Children of indigenous cultural communities
beverages, intoxicating drinks, tobacco and its shall not be subjected to any and all forms of
byproducts and violence. (Section 14, Republic Act no. discrimination.
7610) Any person who discriminate against children
of indigenous cultural communities shall suffer a penalty
DUTY OF EMPLOYER of arresto mayor in its maximum period and a fine of not
Every employer shall comply with the duties less than Five thousand pesos (P5,000) more than Ten
provided for in Articles 108 and 109 of Presidential thousand pesos (P10,000). (Section 20, Republic Act no.
Decree No. 603. (Section 15, Republic Act no. 7610) 7610)
Participation
PENALTIES Indigenous cultural communities, through their
Any person who shall violate any provision of duly-designated or appointed representatives shall be
this Article shall suffer the penalty of a fine of not less involved in planning, decision-making implementation,
than One thousand pesos (P1,000) but not more than and evaluation of all government programs affecting
Ten thousand pesos (P10,000) or imprisonment of not children of indigenous cultural communities. Indigenous
less than three (3) months but not more than three (3) institution shall also be recognized and respected.
years, or both at the discretion of the court; Provided, (Section 21, Republic Act no. 7610)
That, in case of repeated violations of the provisions of
this Article, the offender's license to operate shall be
revoked. (Section 16, Republic Act no. 7610)
CHILDREN OF INDIGENOUS CULTURAL CHILDREN IN SITUATIONS OF ARMED CONFLICT

COMMUNITIES
Children as Zones of Peace
Survival, Protection and Development Children are hereby declared as Zones of Peace. It
In addition to the rights guaranteed to children shall be the responsibility of the State and all other
under this Act and other existing laws, children of sectors concerned to resolve armed conflicts in order to
indigenous cultural communities shall be entitled to promote the goal of children as zones of peace. To attain
protection, survival and development consistent with the this objective, the following policies shall be observed.
customs and traditions of their respective communities. (a) Children shall not be the object of attack and
(Section 17, Republic Act no. 7610) shall be entitled to special respect. They shall
be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading
System of and Access to Education treatment;
The Department of Education, Culture and (b) Children shall not be recruited to become
Sports shall develop and institute an alternative system members of the Armed Forces of the
of education for children of indigenous cultural Philippines of its civilian units or other armed
communities which culture-specific and relevant to the groups, nor be allowed to take part in the
needs of and the existing situation in their communities. fighting, or used as guides, couriers, or spies;
The Department of Education, Culture and Sports shall (c) Delivery of basic social services such as
also accredit and support non-formal but functional education, primary health and emergency relief
indigenous educational programs conducted by non- services shall be kept unhampered;
government organizations in said communities. (Section (d) The safety and protection of those who provide
18, Republic Act no. 7610) services including those involved in fact-finding
missions from both government and non-
Health and Nutrition government institutions shall be ensured. They
The delivery of basic social services in health shall not be subjected to undue harassment in
and nutrition to children of indigenous cultural the performance of their work;
communities shall be given priority by all government (e) Public infrastructure such as schools, hospitals
agencies concerned. Hospitals and other health and rural health units shall not be utilized for
institution shall ensure that children of indigenous military purposes such as command posts,

ISUE–CAS–InM–065 S.Y. 2015-2016
barracks, detachments, and supply depots; the reports and recommendations of the Department of
and Social Welfare and Development or the agency or
(f) All appropriate steps shall be taken to facilitate responsible individual under whose care he has been
the reunion of families temporarily separated committed.
due to armed conflict. (Section 22, Republic The aforesaid child shall subject to visitation
Act no. 7610) and supervision by a representative of the Department of
Social Welfare and Development or any duly-licensed
agency or such other officer as the court may designate
subject to such conditions as it may prescribe.
Evacuation of Children During Armed Conflict The aforesaid child whose sentence is
Children shall be given priority during suspended can appeal from the order of the court in the
evacuation as a result of armed conflict. Existing same manner as appeals in criminal cases. (Section 25,
community organizations shall be tapped to look after the Republic Act no. 7610)
safety and well-being of children during evacuation
operations. Measures shall be taken to ensure that Monitoring and Reporting of Children in Situations of
children evacuated are accompanied by persons Armed Conflict
responsible for their safety and well-being. (Section 23, The chairman of the barangay affected by the
Republic Act no. 7610) armed conflict shall submit the names of children
residing in said barangay to the municipal social welfare
Family Life and Temporary Shelter and development officer within twenty-four (24) hours
Whenever possible, members of the same from the occurrence of the armed conflict. (Section 26,
family shall be housed in the same premises and given Republic Act no. 7610)
separate accommodation from other evacuees and
provided with facilities to lead a normal family life. In
places of temporary shelter, expectant and nursing
mothers and children shall be given additional food in
proportion to their physiological needs. Whenever REMEDIAL PROCEDURES
feasible, children shall be given opportunities for physical
exercise, sports and outdoor games. (Section 24, Who May File a Complaint?
Republic Act no. 7610) Complaints on cases of unlawful acts
committed against the children as enumerated herein
may be filed by the following:
Rights of Children Arrested for Reasons Related to (a) Offended party;
Armed Conflict (b) Parents or guardians;
Any child who has been arrested for reasons related (c) Ascendant or collateral relative within the third
to armed conflict, either as combatant, courier, guide or degree of consanguinity;1awphi1@ITC
spy is entitled to the following rights; (d) Officer, social worker or representative of a
(a) Separate detention from adults except where licensed child-caring institution;
families are accommodated as family units; (e) Officer or social worker of the Department of
(b) Immediate free legal assistance; Social Welfare and Development;
(c) Immediate notice of such arrest to the parents (f) Barangay chairman; or
or guardians of the child; and At least three (3) concerned responsible
(d) Release of the child on recognizance within citizens where the violation occurred. (Section 27,
twenty-four (24) hours to the custody of the Republic Act no. 7610)
Department of Social Welfare and
Development or any responsible member of Protective Custody of the Child
the community as determined by the court. The offended party shall be immediately
If after hearing the evidence in the proper placed under the protective custody of the Department of
proceedings the court should find that the aforesaid child Social Welfare and Development pursuant to Executive
committed the acts charged against him, the court shall Order No. 56, series of 1986. In the regular performance
determine the imposable penalty, including any civil of this function, the officer of the Department of Social
liability chargeable against him. However, instead of Welfare and Development shall be free from any
pronouncing judgment of conviction, the court shall administrative, civil or criminal liability. Custody
suspend all further proceedings and shall commit such proceedings shall be in accordance with the provisions of
child to the custody or care of the Department of Social Presidential Decree No. 603. (Section 28, Republic Act
Welfare and Development or to any training institution no. 7610)
operated by the Government, or duly-licensed agencies
or any other responsible person, until he has had Confidentiality
reached eighteen (18) years of age or, for a shorter
period as the court may deem proper, after considering

ISUE–CAS–InM–065 S.Y. 2015-2016
At the instance of the offended party, his name disbursed for the rehabilitation of each child victim, or
may be withheld from the public until the court acquires any immediate member of his family if the latter is the
jurisdiction over the case. perpetrator of the offense. (Section 31, Republic Act no.
It shall be unlawful for any editor, publisher, 7610)
and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio TYPES OF VIOLENCE UNDER REPUBLIC ACT NO.
broadcasting, producer and director of the film in case of 9262
the movie industry, to cause undue and sensationalized
publicity of any case of violation of this Act which results 1. Physical Violence - refers to acts that include
in the moral degradation and suffering of the offended bodily or physical harm;
party. (Section 29, Republic Act no. 7610) 2. Sexual violence - refers to an act which is
sexual in nature, committed against a woman
Special Court Proceedings or her child. It includes, but is not limited to:
Cases involving violations of this Act shall be a. rape, sexual harassment, acts of
heard in the chambers of the judge of the Regional Trial lasciviousness, treating a woman or
Court duly designated as Juvenile and Domestic Court. her child as a sex object, making
Any provision of existing law to the contrary demeaning and sexually suggestive
notwithstanding and with the exception of habeas remarks, physically attacking the
corpus, election cases, and cases involving detention sexual parts of the victim's body,
prisoners and persons covered by Republic Act No. forcing her/him to watch obscene
4908, all courts shall give preference to the hearing or publications and indecent shows or
disposition of cases involving violations of this Act. forcing the woman or her child to do
(Section 30, Republic Act no. 7610) indecent acts and/or make films
thereof, forcing the wife and
COMMON PENAL PROVISIONS mistress/lover to live in the conjugal
home or sleep together in the same
Common Penal Provisions room with the abuser;
(a) The penalty provided under this Act shall be b. acts causing or attempting to cause
imposed in its maximum period if the offender the victim to engage in any sexual
has been previously convicted under this Act; activity by force, threat of force,
(b) When the offender is a corporation, partnership physical or other harm or threat of
or association, the officer or employee thereof physical or other harm or coercion;
who is responsible for the violation of this Act c. Prostituting the woman or child.
shall suffer the penalty imposed in its
maximum period; A. Psychological violence - refers to acts or
(c) The penalty provided herein shall be imposed omissions causing or likely to cause mental or
in its maximum period when the perpetrator is emotional suffering of the victim such as but not
an ascendant, parent guardian, stepparent or limited to intimidation, harassment, stalking,
collateral relative within the second degree of damage to property, public ridicule or
consanguinity or affinity, or a manager or humiliation, repeated verbal abuse and mental
owner of an establishment which has no infidelity. It includes causing or allowing the
license to operate or its license has expired or victim to witness the physical, sexual or
has been revoked; psychological abuse of a member of the family
(d) When the offender is a foreigner, he shall be to which the victim belongs, or to witness
deported immediately after service of sentence pornography in any form or to witness abusive
and forever barred from entry to the country; injury to pets or to unlawful or unwanted
(e) The penalty provided for in this Act shall be deprivation of the right to custody and/or
imposed in its maximum period if the offender visitation of common children.
is a public officer or employee: Provided,
however, That if the penalty imposed is B. Economic abuse - refers to acts that make or
reclusion perpetua or reclusion temporal, then attempt to make a woman financially dependent
the penalty of perpetual or temporary absolute which includes, but is not limited to the
disqualification shall also be imposed: following:
Provided, finally, That if the penalty imposed is 1. withdrawal of financial support or
prision correccional or arresto mayor, the preventing the victim from engaging in
penalty of suspension shall also be imposed; any legitimate profession, occupation,
and business or activity, except in cases
A fine to be determined by the court shall be wherein the other spouse/partner objects
imposed and administered as a cash fund by the on valid, serious and moral grounds as
Department of Social Welfare and Development and defined in Article 73 of the Family Code;

ISUE–CAS–InM–065 S.Y. 2015-2016
2. deprivation or threat of deprivation of cruelty, exploitation or discrimination because

financial resources and the right to the of a physical or mental disability or condition.
use and enjoyment of the conjugal, For the purpose of this Act, a child shall also
community or property owned in refer to:
common; (1) a person regardless of age who is
3. destroying household property; presented, depicted or portrayed as
4. controlling the victims' own money or a child as defined herein; and
properties or solely controlling the (2) computer-generated, digitally or
conjugal money or properties. manually crafted images or graphics
of a person who is represented or
who is made to appear to be a child
CHILD PORNOGRAPHY as defined herein.
(b) Child pornography - refers to any
Pornography - refers to any representation, through representation, whether visual, audio, or
publication, exhibition, cinematography, indecent shows, written combination thereof, by electronic,
information technology, or by whatever means, of a mechanical, digital, optical, magnetic or any
person engaged in real or simulated explicit sexual other means, of child engaged or involved in
activities or any representation of the sexual parts of a real or simulated explicit sexual activities.
person for primarily sexual purposes. (c) Explicit Sexual Activity - includes actual or
simulated -
LEGAL BASIS: Republic Act No. 9775: known as (1) As to form:
the "Anti-Child Pornography Act of 2009." Approved: (i) sexual intercourse or lascivious
November 17, 2009 act including, but not limited to,
contact involving genital to
Declaration of Policy genital, oral to genital, anal to
The State recognizes the vital role of the youth in genital, or oral to anal, whether
nation building and shall promote and protect their between persons of the same or
physical, moral, spiritual, intellectual, emotional, opposite sex;
psychological and social well-being. Towards this end, (2) bestiality;
the State shall: (3) masturbation;
(a) Guarantee the fundamental rights of every (4) sadistic or masochistic abuse;
child from all forms of neglect, cruelty and (5) lascivious exhibition of the genitals,
other conditions prejudicial to his/her buttocks, breasts, pubic area and/or
development; anus; or
(b) Protect every child from all forms of (6) use of any object or instrument for
exploitation and abuse including, but not lascivious acts
limited to: (d) Internet address - refers to a website, bulletin
(1) the use of a child in pornographic board service, internet chat room or news
performances and materials; and group, or any other internet or shared network
(2) the inducement or coercion of a child to protocol address.
engage or be involved in pornography (e) Internet cafe or kiosk - refers to an
through whatever means; and establishment that offers or proposes to offer
(c) Comply with international treaties to which the services to the public for the use of its
Philippines is a signatory or a State party computer/s or computer system for the
concerning the rights of children which include, purpose of accessing the internet, computer
but not limited to, the Convention on the Rights games or related services.
of the Child, the Optional Protocol to the (f) Internet content host - refers to a person who
Convention on the Rights of the Child of the hosts or who proposes to host internet content
Child on the Sale of Children, Child Prostitution in the Philippines.
and Child Pornography, the International Labor (g) Internet service provider (ISP) - refers to a
Organization (ILO) Convention No.182 on the person or entity that supplies or proposes to
Elimination of the Worst Forms of Child Labor supply, an internet carriage service to the
and the Convention Against Transnational public.
Organized Crime. (Section 2, Republic Act No. (h) Grooming - refers to the act of preparing a
9775) child or someone who the offender believes to
be a child for sexual activity or sexual
Definition of Terms relationship by communicating any form of
(a) Child - refers to a person below eighteen (18) child pornography. It includes online
years of age or over, but is unable to fully take enticement or enticement through any other
care of himself/herself from abuse, neglect, means.

ISUE–CAS–InM–065 S.Y. 2015-2016
(i) Luring - refers to the act of communicating, by

means of a computer system, with a child or Syndicated Child Pornography
someone who the offender believes to be a The crime of child pornography is deemed
child for the purpose of facilitating the committed by a syndicate if carried out by a group of
commission of sexual activity or production of three (3) or more persons conspiring or confederating
any form of child pornography.(2) Bestiality; with one another and shall be punished under Section
(j) Pandering - refers to the act of offering, 15(a) of this Act. (Section 5, Republic Act No. 9775)
advertising, promoting, representing or
distributing through any means any material or Who May File a Complaint?
purported material that is intended to cause Complaints on cases of any form of child
another to believe that the material or pornography and other offenses punishable under this
purported material contains any form of child Act may be filed by the following:
pornography, regardless of the actual content (a) Offended party;
of the material or purported material. (b) Parents or guardians;
(k) Person - refers to any natural or juridical (c) Ascendant or collateral relative within the third
entity. (Section 3, Republic Act No. 9775) degree of consanguinity;
(d) Officer, social worker or representative of a
Unlawful or Prohibited Acts licensed child-caring institution;
It shall be unlawful for any person: (e) Officer or social worker of the Department of
(a) To hire, employ, use, persuade, induce or Social Welfare and Development (DSWD);
coerce a child to perform in the creation or (f) Local social welfare development officer;
production of any form of child pornography; (g) Barangay chairman;
(b) To produce, direct, manufacture or create any (h) Any law enforcement officer;
form of child pornography; (i) At least three (3) concerned responsible
(c) To publish offer, transmit, sell, distribute, citizens residing in the place where the
broadcast, advertise, promote, export or import violation occurred; or
any form of child pornography; (a) Any person who has personal knowledge of
(d) To possess any form of child pornography with the circumstances of the commission of any
the intent to sell, distribute, publish, or offense under this Act. (Section 6, Republic
broadcast: Provided. That possession of three Act No. 9775)
(3) or more articles of child pornography of the
same form shall be prima facie evidence of the Appointment of Special Prosecutors
intent to sell, distribute, publish or broadcast; The Department of Justice (DOJ) shall appoint
(e) To knowingly, willfully and intentionally provide or designate special prosecutors to prosecute cases for
a venue for the commission of prohibited acts the violation of this Act. Section 9, Republic Act No.
as, but not limited to, dens, private rooms, 9775)
cubicles, cinemas, houses or in establishments
purporting to be a legitimate business; Jurisdiction
(f) For film distributors, theaters and Jurisdiction over cases for the violation of this
telecommunication companies, by themselves Act shall be vested in the Family Court which has
or in cooperation with other entities, to territorial jurisdiction over the place where the offense or
distribute any form of child pornography; any of its essential elements was committed pursuant to
(g) For a parent, legal guardian or person having Republic Act No. 8369, otherwise known as "Family
custody or control of a child to knowingly Courts Act of 1997". (Section 8, Republic Act No. 9775)
permit the child to engage, participate or assist
in any form of child pornography; Duties of an Internet Service Provider (ISP)
(h) To engage in the luring or grooming of a child; All internet service providers (ISPs) shall notify
(i) To engage in pandering of any form of child the Philippine National Police (PNP) or the National
pornography; Bureau of Investigation (NBI) within seven (7) days from
(j) To willfully access any form of child obtaining facts and circumstances that any form of child
pornography; pornography is being committed using its server or
(k) To conspire to commit any of the prohibited facility. Nothing in this section may be construed to
acts stated in this section. Conspiracy to require an ISP to engage in the monitoring of any user,
commit any form of child pornography shall be subscriber or customer, or the content of any
committed when two (2) or more persons come communication of any such person: Provided, That no
to an agreement concerning the commission of ISP shall be held civilly liable for damages on account of
any of the said prohibited acts and decide to any notice given in good faith in compliance with this
commit it; and section.
(l) To possess any form of child pornography.
(Section 4, Republic Act No. 9775)

ISUE–CAS–InM–065 S.Y. 2015-2016
Furthermore, an ISP shall preserve such evidence for such internet address, to the proper
purpose of investigation and prosecution by relevant authorities; and
authorities. (d) Preserve such evidence for purposes of
An ISP shall, upon the request of proper investigation and prosecution by relevant
authorities, furnish the particulars of users who gained or authorities.
attempted to gain access to an internet address which An internet content host shall, upon the request of
contains any form of child pornography. proper authorities, furnish the particulars of users who
All ISPs shall install available technology, gained or attempted to gain access to an internet
program or software to ensure that access to or address that contains any form of child pornography.
transmittal of any form of child pornography will be An internet content host who shall knowingly,
blocked or filtered. willfully and intentionally violate this provision shall
An ISP who shall knowingly, willfully and be subject to the penalty provided under Section
intentionally violate this provision shall be subject to the 15(j) of this Act: Provided, That the failure of the
penalty provided under Section 15(k) of this Act. internet content host to remove any form of child
The National Telecommunications Commission pornography within forty-eight (48) hours from
(NTC) shall promulgate within ninety (90) days from the receiving the notice that any form of child
effectivity of this Act the necessary rules and regulations pornography is hitting its server shall be conclusive
for the implementation of this provision which shall evidence of willful and intentional violation thereof.
include, among others, the installation of filtering (Section 11, Republic Act No. 9775)
software that will block access to or transmission of any
form of the child pornography. (Section 9, Republic Act Authority to Regulate Internet Café or Kiosk
No. 9775) The local government unit (LGU) of the city or
municipality where an internet café or kiosk is located
Responsibility of Mall Owners/Operators and Owners or shall have the authority to monitor and regulate the
Lessors of Other Business Establishments establishment and operation of the same or similar
All mall owners/operators and owners or establishments in order to prevent violation of the
lessors of other business establishments shall notify the provisions of this Act. (Section 12, Republic Act No.
PNP or the NBI within seven (7) days from obtaining 9775)
facts and circumstances that child pornography is being
committed in their premises. Provided, That public Confidentiality
display of any form of child pornography within their The right to privacy of the child shall be
premises is a conclusive presumption of the knowledge ensured at any stage of the investigation, prosecution
of the mall owners/operators and owners or lessors of and trial of an offense under this Act. Towards this end,
other business establishments of the violation of this the following rules shall be observed:
Act: Provided, further, That a disputable presumption of (e) The judge, prosecutor or any officer of the law
knowledge by mall owners/operators and owners or to whom the complaint has been referred to
lessors of other business establishments should know or may, whenever necessary to ensure a fair and
reasonably know that a violation of this Act is being impartial proceeding and after considering all
committed in their premises. circumstances for the best interest of the child
Photo developers, information technology conduct a closed-door investigation,
professionals, credit card companies and banks and any prosecution or trial;
person who has direct knowledge of any form of child (f) The name and personal circumstances of the
pornography activities shall have the duty to report any child, including the child's immediate family, or
suspected child pornography materials or transactions to any other information tending to establish
the proper authorities within seven (7) days from his/her identity shall not be disclosed to the
discovery thereof. public;
Any willful and intentional violation of this (g) Any record regarding a child shall be
provision shall be subject to the penalty provided under confidential and kept under seal. Except upon
Section 15(l) of this Act. Section 10, Republic Act No. written request and order of the court, a record
9775) shall be released only to the following:
(1) Members of the court staff for
Duties of an Internet Content Host administrative use;
An internet content host shall: (2) The prosecuting attorney;
(b) Not host any form of child pornography on its (3) Defense counsel;
internet address; (4) The guardian ad litem;
(c) Within seven (7) days, report the presence of (5) Agents of investigating law enforcement
any form of child pornography, as well as the agencies and
particulars of the person maintaining, hosting, (6) Other persons as determined by the court.
distributing or in any manner contributing to

ISUE–CAS–InM–065 S.Y. 2015-2016
(h) Any form of child pornography that is part of million pesos (Php2,000,000.00) but not more
the court records shall be subject to a than Five million pesos (Php5,000,000.00);
protective order that provides as follows: (k) Any person found guilty of violating Section
(1) Any form of child pornography may be 4(a), (b) and (c) of this Act shall suffer the
viewed only by the parties, their counsel, penalty ofreclusion temporal in its maximum
their expert witness and guardian ad period and a fine of not less than One million
litem; pesos (Php1,000,000.00) but not more than
(2) Neither form of child pornography nor any Two million (Php2,000,000.00);
portion thereof shall be divulged to any (l) Any person found guilty of violating Section
other person, except as necessary for 4(d), (e) and (f) of this Act shall suffer the
investigation, prosecution or trial; and penalty ofreclusion temporal in its medium
(3) No person shall be granted access to any period and a fine of not less than Seven
form of child pornography or any part hundred fifty thousand pesos
thereof unless he/she signs a written (Php750,000.00) but not more than One
affirmation that he/she has received and million pesos (Php1,000,000.00);
read a copy of the protection order; that (m) Any person found guilty of violating Section
he/she submits to the jurisdiction of the 4(g) of this Act shall suffer the penalty
court with respect to the protective order; of reclusion temporalin its minimum period
and that, in case of violation thereof, and a fine of not less than Five hundred
he/she will be subject to the contempt thousand pesos (Php500,000.00) but not
power of the court; and more than Seven hundred thousand pesos
(i) In cases when prosecution or trial is conducted (Php700,000.00);
behind closed doors, it shall be unlawful for (n) Any person found guilty of violating Section
any editor, publisher and reporter or columnist 4(h) of this Act shall suffer the penalty
in case of printed materials, announcer or of prision mayor in its maximum period and a
producer in case of television and radio, fine of not less than Three hundred thousand
producer and director of a film in case of the pesos (Php300,000.00) but not more than
movie industry, or any person utilizing the tri- Five hundred thousand pesos
media facilities or information technology to (Php500,000.00);
publish or broadcast the names of the victims (o) Any person found guilty of violating Section
of any case of child pornography. 4(I) of this Act shall suffer the penalty
Any violation of this provision shall be subject to the of prision mayor in its minimum period and a
penalty provided for under Section 15(m) of this Act. fine of not less than Three hundred thousand
(Section 13, Republic Act No. 9775) pesos (php300,000.00) but not more than
Five hundred thousand pesos
Care, Custody and Treatment of a Child Victim (Php500,000.00);
The DSWD shall ensure that the child who is a (p) Any person found guilty of violating Section
victim of any form of child pornography is provided 4(j) of this Act shall suffer the penalty
appropriate care, custody and support for their recovery of prision correccionalin its maximum period
and reintegration in accordance with existing laws. and a fine of not less than Two hundred
The child and his family shall be entitled to thousand pesos (Php200,000.00) but not
protection as well as to the rights and benefits of more than Three hundred thousand pesos
witnesses underRepublic Act No. 6981, otherwise known (Php300,000.00);
as "The Witness Protection, Security and Benefit Act". (q) Any person found guilty of violating Section
The child shall also be considered as a victim 4(k) of this Act shall suffer the penalty
of a violent crime defined under Section 3(d) of Republic of prision correccionalin its medium period
Act No. 7309, otherwise known as "An Act Creating a and a fine of not less than One hundred
Board of Claims under the Department of Justice for thousand pesos (php100,000.00) but not
Victims of Unjust Imprisonment or Detention and Victims more than Two hundred fifty thousand pesos
of Violent Crimes and for Other Purposes", so that the (php250,000.00);
child may claim compensation therein. (Section 14, (r) Any person found guilty of violating Section
Republic Act No. 9775) 4(l) of this Act shall suffer the penalty
of arresto mayor in its minimum period and a
Penalties and Sanctions fine of not less than Fifty thousand pesos
The following penalties and sanctions are (Php50,000.00) but not more than One
hereby established for offenses enumerated in this Act: hundred thousand pesos (Php100,000.00);
(j) Any person found guilty of syndicated child (s) Any person found guilty of violating Section
pornography as defined in Section 5 of this 11 of this Act shall suffer the penalty
Act shall suffer the penalty of reclusion of prision correccional in its medium period
perpetua and a fine of not less than Two and a fine of not less than One million pesos

ISUE–CAS–InM–065 S.Y. 2015-2016
(Php1,000,000.00) but not more than Two shall have knowingly permitted or failed to
million pesos (Php2,000,000.00) for the first prevent its commissions;
offense. In the case of a subsequent offense, (c) If the offender is a foreigner, he/she shall be
the penalty shall be a fine not less than Two immediately deported after the complete
million pesos (Php2,000,000.00) but not more service of his/her sentence and shall forever
than Three million pesos (Php3,000,000.00) be barred from entering the country; and
and revocation of its license to operate and (d) The penalty provided for in this Act shall be
immediate closure of the establishment; imposed in its maximum duration if the
(t) Any ISP found guilty of willfully and knowingly offender is a public officer or employee.
failing to comply with the notice and (Section 16, Republic Act No. 9775)
installation requirements under Section 9 of
this Act shall suffer the penalty of a fine of not Confiscation and Forfeiture of the Proceeds, Tools and
less than Five hundred thousand pesos Instruments Used in Child Pornography
(Php500,000.00) but not more than One In addition to the penalty imposed for the
million pesos (Php1,000,000.00) for the first violation of this Act, the court shall order the confiscation
offense. In case of subsequent offense, the and forfeiture in favor of the government of all the
penalty shall be a fine of not less than One proceeds, tools and instruments used in the commission
million pesos (Php1,000,000.00) but not more of the crime, unless they are the property of a third
than Two million pesos (Php2,000,000.00) person not liable for the unlawful act; Provided, however,
and revocation of its license to operate; That all awards for damages shall be taken from the
(u) Any mall owner-operator and owner or lessor personal and separate properties of the
of other business establishments including offender; Provided, further, That if such properties are
photo developers, information technology insufficient, the deficiency shall be taken from the
professionals, credit card companies and confiscated and forfeited proceeds, tools and
banks, found guilty of willfully and knowingly instruments.
failing to comply with the notice requirements All proceeds derived from the sale of
under Section 10 of this Act shall suffer the properties used for the commission of any form of child
penalty of a fine of not less than One million pornography shall accrue to the special account of the
pesos (Php1,000,000.00) but not more than DSWD which shall be used exclusively for the
Two million pesos (Php2,000,000.00) for the implementation of this Act.
first offense. In the case of a subsequent When the proceeds, tools and instruments
offense, the penalty shall be a fine of not less used in the commission of the offense have been
than Two million pesos (Php2,000,000.00) but destroyed diminished in value or otherwise rendered
not more than Three million pesos worthless by any act or omission, directly or indirectly, of
(Php3,000,000.00) and revocation of its license the offender, or it has been concealed, removed,
to operate and immediate closure of the converted or transferred to prevent the same from being
establishment; and found or to avoid forfeiture or confiscation, the offender
(v) Any person found guilty of violating Section 13 shall be ordered to pay the amount equal to the value of
of this Act shall suffer the penalty of arresto the proceeds, tools and instruments used in the
mayor in its minimum period and a fine of not commission of the offense. (Section 17, Republic Act No.
less than One hundred thousand pesos 9775)
(Php100,000.00) but not more than Three
hundred thousand pesos (Php300,000.00). Mandatory Services to Victims of Child Pornography
(Section 15, Republic Act No. 9775) To ensure recovery, rehabilitation and reintegration
into the mainstream of society concerned government
Common Penal Provisions agencies and the LGUs shall make available the
(a) If the offender is a parent, ascendant, following services to victims of any form of child
guardian, step-parent or collateral relative pornography:
within the third degree of consanguinity or (a) Emergency shelter or appropriate housing;
affinity or any person having control or moral (b) Counseling;
ascendancy over the child, the penalty (c) Free legal services, which shall include
provided herein shall be in its maximum information about the victim's rights and the
duration; Provided, That this provision shall procedure for filing of complaints, claims for
not apply to Section 4(g) of this Act; compensation and such other legal remedies
(b) If the offender is a juridical person, the penalty available to them in a language understood by
shall be imposed upon the owner, manager, the child;
partner, member of the board of directors (d) Medical or psychological services;
and/or any responsible officer who (e) Livelihood and skills training; and
participated in the commission of the crime or (f) Educational assistance.

ISUE–CAS–InM–065 S.Y. 2015-2016
Sustained supervision and follow through 11. Three (3) representatives from children's
mechanism that will track the progress of recovery, nongovernmental organizations. These
rehabilitation and reintegration of the child victims shall representatives shall be nominated by the
adopted and carried out. (Section 18, Republic Act No. government agency representatives of the
9775) Council for appointment by the President
for a term of three (3) years and may be
Programs for Victims of Child Pornography renewed upon renomination and
The Inter-Agency Council Against Child reappointment by the Council and the
Pornography created under Section 20 of this Act shall President respectively.
develop and implement the necessary programs that will The members of the Council mat designate
prevent any form of child pornography, as well as their permanent representatives, who shall have a rank
protect, heal and reintegrate the child into the not lower than assistant secretary or its equivalent, to
mainstream of society. Such programs shall include beat meetings and shall receive emoluments as may be
but not limited to the following: determined by the Council in accordance with existing
(a) Provision of mandatory services including budget and accounting rules and regulations.
counseling free legal services, medical or The DSWD shall establish the necessary
psychological services, livelihood and skills Secretariat for the Council. (Section 20, Republic Act No.
training and educational assistance to the child 9775)
pursuant to Section 18 of this Act;
(b) Sponsorship of a national research program on Functions of the Council
any form of child pornography and other acts Council shall have the following powers and
covered by the law and the establishment of a functions:
data collection system for monitoring and (a) Formulate comprehensive and integrated plans
evaluation purposes; and programs to prevent and suppress any
(c) Provision of necessary technical and material form of child pornography;
support services to appropriate government (b) Promulgate rules and regulations as may be
agencies and nongovernmental organizations: necessary for the effective implementation of
(d) Sponsorship of conferences and seminars to this Act;
provide venue for consensus building amongst (c) Monitor and oversee the strict implementation
the public, the academe , government, of this Act;
nongovernmental and international (d) Coordinate the programs and projects of the
organizations and various members agencies effectively address
(e) Promotion of information and education the issues and problems attendant to child
campaign. (Section 19, Republic Act No. 9775) pornography;
(e) Conduct and coordinate massive information
Inter - Agency Council against Child Pornography disseminations and campaign on the existence
There is hereby established an Inter-Agency of the law and the various issues and problems
Council against Child Pornography to be composed of attendant to child pornography;
the Secretary of the DSWD as chairperson and the (f) Direct other agencies to immediately respond
following as members: to the problems brought to their attention and
1. Secretary of the Department of Justice: report to the Council on the action taken;
2. Secretary of the Department of Labor and (g) Assist in the filling of cases against individuals,
Employment agencies, institutions or establishments that
3. Secretary of the Department of Science violate the provisions of this Act;
and Technology (h) Formulate a program for the reintegration of
4. Chief of the Philippine National Police; victims of child pornography;
5. Chairperson of the Commission on (i) Secure from any department, bureau, office,
Information and Communications agency or instrumentality of the government or
Technology; from NGOs and other civic organizations such
6. Commissioner of the National assistance as may be needed to effectively
Telecommunications Commission; implement this Act;
7. Executive Director of the Council for the (j) Complement the shared government
Welfare of Children; information system relative to child abuse and
8. Executive Director of the Philippine exploitation and ensure that the proper
Center for Transnational Crimes; agencies conduct a continuing research and
9. Executive Director of the Optical Media study on the patterns and schemes of any form
Board; of child pornography which form basis for
10. Director of the National Bureau of policy formulation and program direction;
Investigation; and

ISUE–CAS–InM–065 S.Y. 2015-2016
(k) develop the mechanism to ensure the timely, representation of the parties or coalitions therein with the
coordinated and effective response to cases of Chair of the House of Committee on Welfare of Children
child pornography; and at least one (1) member representing the Minority
(l) Recommend measures to enhance The Committee shall be headed by the
cooperative efforts and mutual assistance respective Chairs of the Senate Committee on Youth,
among foreign countries through bilateral Women and Family relations and the House of
and/or multilateral arrangements to prevent Representatives Committee on Justice. The Secretariat
and suppress any form of child pornography; of the Congressional Oversight Committee shall come
(m) Adopt measures and policies to protect the from the existing Secretariat personnel of the
rights and needs of the victims of child Committees of the Senate and the House of
pornography who are foreign nationals in the Representatives concerned.
Philippines; The Committee shall monitor and ensure the
(n) maintain a database of cases of child effective implementation of this Act, determine inherent
pornography; weakness and loopholes in the law. Recommend the
(o) Initiate training programs in identifying and necessary remedial legislator or administrative measures
providing the necessary intervention or and perform such other duties and functions as may be
assistance to victims of child pornography. necessary to attain the objectives of this Act. (Section
(p) Submit to the President and the Congressional 24, Republic Act No. 9775)
Oversight committee credited herein the
annual report on the policies, plans, programs
and activities of the Council relative to the K. REPUBLIC ACT 7658 - known as an Act Prohibiting
implementation of this Act; and the Employment of Children below 15 years of age
(q) Exercise all the powers and perform such other in Public and Private Undertakings. This law was
functions necessary to attain the purposes and approved on November 9, 1993 and took effect on
objectives of this Act. (Section 21, Republic Act November 24, 1993. This law specifically emended
No. 9775) Section 12, Article VIII of RA 7610. Children below
fifteen (15) years of age shall not be employed
Child Pornography as a Transnational Crime except:
Pursuant to the Convention on transnational e. When a child works directly under
Organized Crime, the DOJ may execute the request of a the sole responsibility of his parents
foreign state for assistance in the investigation or or legal custodian and where only
prosecution of any form of child pornography by: (1) members of the employer’s family
conducting a preliminary investigation against the are employed. Provided however,
offender and, if appropriate, to file the necessary charges that his employment neither
in court; (2) giving information needed by the foreign endangers his life, safety, health and
state; and (3) to apply for an order of forfeiture of any morals, nor impair his moral
proceeds or monetary instrument or properly located in development. The parent or legal
the Philippines used in connection with child guardian shall provide that said child
pornography in the court; Provided, That if the DOJ with the prescribed primary and/or
refuses to act on the request of for delaying the secondary education.
execution thereof: Provided, further, That the principles f. Where a child’s employment or
of mutuality and reciprocity shall, for this purpose, be at participation in public entertainment
all times recognized. (Section 22, Republic Act No. 9775) or information through cinema,
theater, radio or television is
Extradition essential but the employment
The DOJ, in consultation with the Department contract is concluded by the child’s
of Foreign Affairs (DFA), shall endeavor to include child parent or legal guardian, with the
pornography among extraditable offenses in future express agreement of the child
treaties. (Section 23, Republic Act No. 9775) concerned, and if possible the
approval of Department of Labor and
Congressional Oversight Committee Employment (DOLE).
There is hereby created a Congressional In addition, it the following requirements in
Oversight Committee composed of five (5) members all instances are strictly complied with:
from the Senate and five (5) members from the House of 1. The employer shall ensure the protection,
Representatives. The members from the Senate shall be health, safety, morals and normal
appointed by the Senate President based on proportional development of the child.
representation of the parties or coalition therein with at 2. The employer institute measures to
least one (1) member representing the Minority. The prevent the child’s exploitation or
members from the House of Representative shall be discrimination taking into account the
appointed by the Speaker, also based on proportional system and level of remuneration and the

ISUE–CAS–InM–065 S.Y. 2015-2016
duration and arrangement of working 8. Petitions for the constitution of the family
hours home;
3. The employer shall implement, subject to 9. Cases against minor cognizable under
the approval and supervision of Dangerous Drugs Act as amended;
competent authorities, a continuing 10. Violations of RA 7610, otherwise known as the
program for training and skills acquisition Special Protection of Children Against Child
of the child. Abuse , Exploitation and Discrimination Act as
amended by RA 7658; and
If the above exceptional cases where any 11. Cases of Domestic violence against:
such child may be employed, the employer a. Women – which are acts of gender
shall first secure, before engaging the child, a based violence that result, or are
work permit from the Department of labor and likely to result in physical, sexual or
Employment which ensure observance of the psychological harm or suffering to
above requirements. women, and other forms of physical
abuse such as battering or threats or
L. REPUBLIC ACT 8369 - known as the Family Court coercion which violate a woman’s
Act of 1997. This is an Act establishing Family personhood, integrity and freedom of
Courts, granting them exclusive original jurisdiction movement; and
over child and family cases. b. Children – which include the
commission of all forms of abuse,
JURISDICTION OF FAMILY COURTS neglect, cruelty, exploitation,
The Family Courts shall have the exclusive violence, and discrimination and all
original jurisdiction to hear and decide the following other conditions prejudicial to their
cases: development.
1. Criminal cases where one or more of the INSTANCES WHEN FAMILY COURT MAY ISSUE
accused is below 18 years of age but not less SPECIAL PROVISIONAL REMEDIES
than 9 years of age, or where one or more of 1. In cases of violence among immediate family
the victims is a minor at the time of the members living in the same domicile or
commission of the offense. Provided, that if the household, the Family Court may issue a
minor is found guilty, the court shall restraining order against the accused or
promulgate sentence and ascertain any civil defendant upon a verified application by the
liability which the accused may have incurred. complainant or the victim for relief from abuse.
The sentence, however, shall be suspended 2. The court may order the temporary custody of
without need of application pursuant to PD 603 children in all civil actions for their custody. The
otherwise known as the Child and Youth court may also order support pendente lite,
Welfare Code. including deduction from the salary and use of
2. Petitions for guardianship, custody of children, conjugal home and other properties in all civil
habeas corpus in relation to the latter; actions for support.
3. Petitions for adoption of children and the
revocation thereof; APPEALS - Decisions and orders of the courts shall be
4. Complaints for annulment of marriage, appealed in the same manner and subject to the same
declaration of nullity of marriage and those conditions as appeals from the ordinary Regional Trial
relating to marital status and property relations Courts.
of husband and wife or those living together
under different status and agreements, and ABSENCE OF FAMILY COURTS - The court that shall
petitions for dissolutions of conjugal hear and decide cases falling under the jurisdiction of
partnership in gains; Family Courts in those places where the said court has
5. Petitions for support and or acknowledgment; not been established is the Regional Trial Court of the
6. Summary judicial proceedings brought under place where the case is pending.
the provisions of Executive Order 209 JUVENILE JUSTICE AND WELFARE ACT OF 2006
otherwise known as the Family Code of the
Philippines; (REPUBLIC ACT NO. 9344)
7. Petitions for declarations of status of children AN ACT ESTABLISHING A COMPREHENSIVE
as abandoned, dependent or neglected JUVENILE JUSTICE AND WELFARE SYSTEM,
children, petitions for voluntary and involuntary CREATING THE JUVENILE JUSTICE AND WELFARE
commitment of children, the suspension and COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
termination or restoration of parental authority APPROPRIATING FUNDS THEREFOR AND FOR
and other cases cognizable under PD 603, EO OTHER PURPOSES
56 (series of 1986), and other elated laws;

ISUE–CAS–InM–065 S.Y. 2015-2016
TITLE I programs and other alternatives to institutional

GOVERNING PRINCIPLES care.
(e) The administration of the juvenile justice and
CHAPTER 1 welfare system shall take into consideration
TITLE, POLICY AND DEFINITION OF TERMS the cultural and religious perspectives of the
Filipino people, particularly the indigenous
Section 1. Short Title and Scope. - This Act shall be peoples and the Muslims, consistent with the
known as the "Juvenile Justice and Welfare Act of protection of the rights of children belonging to
2006." It shall cover the different stages involving these communities.
children at risk and children in conflict with the law from (f) The State shall apply the principles of
prevention to rehabilitation and reintegration. restorative justice in all its laws, policies and
programs applicable to children in conflict with
SEC. 2. Declaration of State Policy. - The following State the law.
policies shall be observed at all times:
(a) The State recognizes the vital role of children SEC. 3. Liberal Construction of this Act. - In case of
and youth in nation building and shall promote doubt, the interpretation of any of the provisions of this
and protect their physical, moral, spiritual, Act, including its implementing rules and regulations
intellectual and social well-being. It shall (IRRs), shall be construed liberally in favor of the child in
inculcate in the youth patriotism and conflict with the law.
nationalism, and encourage their involvement
in public and civic affairs. SEC. 4. Definition of Terms. - The following terms as
(b) The State shall protect the best interests of the used in this Act shall be defined as follows:
child through measures that will ensure the (a) "Bail" refers to the security given for the
observance of international standards of child release of the person in custody of the
protection, especially those to which the law, furnished by him/her or a bondsman,
Philippines is a party. Proceedings before any to guarantee his/her appearance before
authority shall be conducted in the best interest any court. Bail may be given in the form of
of the child and in a manner which allows the corporate security, property bond, cash
child to participate and to express deposit, or recognizance.
himself/herself freely. The participation of (b) "Best Interest of the Child" refers to the
children in the program and policy formulation totality of the circumstances and
and implementation related to juvenile justice conditions which are most congenial to
and welfare shall be ensured by the concerned the survival, protection and feelings of
government agency. security of the child and most encouraging
(c) The State likewise recognizes the right of to the child's physical, psychological and
children to assistance, including proper care emotional development. It also means the
and nutrition, and special protection from all least detrimental available alternative for
forms of neglect, abuse, cruelty and safeguarding the growth and development
exploitation, and other conditions prejudicial to of the child.
their development. (c) "Child" refers to a person under the age of
(d) Pursuant to Article 40 of the United Nations eighteen (18) years.
Convention on the Rights of the Child, the (d) "Child at Risk" refers to a child who is
State recognizes the right of every child vulnerable to and at the risk of committing
alleged as, accused of, adjudged, or criminal offenses because of personal,
recognized as having infringed the penal law to family and social circumstances, such as,
be treated in a manner consistent with the but not limited to, the following:
promotion of the child's sense of dignity and (1) being abused by any person through
worth, taking into account the child's age and sexual, physical, psychological,
desirability of promoting his/her reintegration. mental, economic or any other
Whenever appropriate and desirable, the State means and the parents or guardian
shall adopt measures for dealing with such refuse, are unwilling, or unable to
children without resorting to judicial provide protection for the child;
proceedings, providing that human rights and (2) being exploited including sexually or
legal safeguards are fully respected. It shall economically;
ensure that children are dealt with in a manner (3) being abandoned or neglected, and
appropriate to their well-being by providing for, after diligent search and inquiry, the
among others, a variety of disposition parent or guardian cannot be found;
measures such as care, guidance and (4) coming from a dysfunctional or
supervision orders, counseling, probation, broken family or without a parent or
foster care, education and vocational training guardian;

ISUE–CAS–InM–065 S.Y. 2015-2016
(5) being out of school; (m) "Juvenile Justice and Welfare System" refers
(6) being a streetchild; to a system dealing with children at risk and
(7) being a member of a gang; children in conflict with the law, which provides
(8) living in a community with a high child-appropriate proceedings, including
level of criminality or drug abuse; programs and services for prevention,
and diversion, rehabilitation, re-integration and
(9) living in situations of armed conflict. aftercare to ensure their normal growth and
(e) "Child in Conflict with the Law" refers to a child development.
who is alleged as, accused of, or adjudged as, (n) "Law Enforcement Officer" refers to the person
having committed an offense under Philippine in authority or his/her agent as defined in
laws. Article 152 of the Revised Penal Code,
(f) "Community-based Programs" refers to the including a barangay tanod.
programs provided in a community setting (o) "Offense" refers to any act or omission whether
developed for purposes of intervention and punishable under special laws or the Revised
diversion, as well as rehabilitation of the child Penal Code, as amended.
in conflict with the law, for reintegration into (p) "Recognizance" refers to an undertaking in lieu
his/her family and/or community. of a bond assumed by a parent or custodian
(g) "Court" refers to a family court or, in places who shall be responsible for the appearance in
where there are no family courts, any regional court of the child in conflict with the law, when
trial court. required.
(h) "Deprivation of Liberty" refers to any form of (q) "Restorative Justice" refers to a principle which
detention or imprisonment, or to the placement requires a process of resolving conflicts with
of a child in conflict with the law in a public or the maximum involvement of the victim, the
private custodial setting, from which the child in offender and the community. It seeks to obtain
conflict with the law is not permitted to leave at reparation for the victim; reconciliation of the
will by order of any judicial or administrative offender, the offended and the community; and
authority. reassurance to the offender that he/she can be
(i) "Diversion" refers to an alternative, child- reintegrated into society. It also enhances
appropriate process of determining the public safety by activating the offender, the
responsibility and treatment of a child in victim and the community in prevention
conflict with the law on the basis of his/her strategies.
social, cultural, economic, psychological or (r) "Status Offenses" refers to offenses which
educational background without resorting to discriminate only against a child, while an adult
formal court proceedings. does not suffer any penalty for committing
(j) "Diversion Program" refers to the program that similar acts. These shall include curfew
the child in conflict with the law is required to violations; truancy, parental disobedience and
undergo after he/she is found responsible for the like.
an offense without resorting to formal court (s) "Youth Detention Home" refers to a 24-hour
proceedings. child-caring institution managed by accredited
(k) "Initial Contact With-the Child" refers to the local government units (LGUs) and licensed
apprehension or taking into custody of a child and/or accredited nongovernment
in conflict with the law by law enforcement organizations (NGOs) providing short-term
officers or private citizens. It includes the time residential care for children in conflict with the
when the child alleged to be in conflict with the law who are awaiting court disposition of their
law receives a subpoena under Section 3(b) of cases or transfer to other agencies or
Rule 112 of the Revised Rules of Criminal jurisdiction.
Procedure or summons under Section 6(a) or (t) "Youth Rehabilitation Center" refers to a 24-
Section 9(b) of the same Rule in cases that do hour residential care facility managed by the
not require preliminary investigation or where Department of Social Welfare and
there is no necessity to place the child alleged Development (DSWD), LGUs, licensed and/or
to be in conflict with the law under immediate accredited NGOs monitored by the DSWD,
custody. which provides care, treatment and
(l) "Intervention" refers to a series of activities rehabilitation services for children in conflict
which are designed to address issues that with the law. Rehabilitation services are
caused the child to commit an offense. It may provided under the guidance of a trained staff
take the form of an individualized treatment where residents are cared for under a
program which may include counseling, skills structured therapeutic environment with the
training, education, and other activities that will end view of reintegrating them into their
enhance his/her psychological, emotional and families and communities as socially
psycho-social well-being. functioning individuals. Physical mobility of

ISUE–CAS–InM–065 S.Y. 2015-2016
residents of said centers may be restricted consideration by the court, under the principle
pending court disposition of the charges of restorative justice;
against them. (k) the right to have restrictions on his/her
(u) "Victimless Crimes" refers to offenses where personal liberty limited to the minimum, and
there is no private offended party. where discretion is given by law to the judge to
determine whether to impose fine or
imprisonment, the imposition of fine being
CHAPTER 2 preferred as the more appropriate penalty;
PRINCIPLES IN THE ADMINISTRATION OF (l) in general, the right to automatic suspension of
JUVENILE JUSTICE AND WELFARE sentence;
(m) the right to probation as an alternative to
SEC. 5. Rights of the Child in Conflict with the Law. - imprisonment, if qualified under the Probation
Every child in conflict with the law shall have the Law;
following rights, including but not limited to: (n) the right to be free from liability for perjury,
(a) the right not to be subjected to torture or other concealment or misrepresentation; and
cruel, inhuman or degrading treatment or (o) other rights as provided for under existing
punishment; laws, rules and regulations.
(b) the right not to be imposed a sentence of
capital punishment or life imprisonment, The State further adopts the provisions of the United
without the possibility of release; Nations Standard Minimum Rules for the Administration
(c) the right not to be deprived, unlawfully or of Juvenile Justice or "Beijing Rules", United Nations
arbitrarily, of his/her liberty; detention or Guidelines for the Prevention of Juvenile Delinquency or
imprisonment being a disposition of last resort, the "Riyadh Guidelines", and the United Nations Rules
and which shall be for the shortest appropriate for the Protection of Juveniles Deprived of Liberty.
period of time;
(d) the right to be treated with humanity and SEC. 6. Minimum Age of Criminal Responsibility. - A
respect, for the inherent dignity of the person, child fifteen (15) years of age or under at the time of the
and in a manner which takes into account the commission of the offense shall be exempt from criminal
needs of a person of his/her age. In particular, liability. However, the child shall be subjected to an
a child deprived of liberty shall be separated intervention program pursuant to Section 20 of this Act.
from adult offenders at all times. No child shall A child above fifteen (15) years but below eighteen (18)
be detained together with adult offenders. years of age shall likewise be exempt from criminal
He/She shall be conveyed separately to or liability and be subjected to an intervention program,
from court. He/She shall await hearing of unless he/she has acted with discernment, in which
his/her own case in a separate holding area. A case, such child shall be subjected to the appropriate
child in conflict with the law shall have the right proceedings in accordance with this Act.
to maintain contact with his/her family through The exemption from criminal liability herein established
correspondence and visits, save in exceptional does not include exemption from civil liability, which shall
circumstances; be enforced in accordance with existing laws.
(e) the right to prompt access to legal and other
appropriate assistance, as well as the right to SEC. 7. Determination of Age. - The child in conflict with
challenge the legality of the deprivation of the law shall enjoy the presumption of minority. He/She
his/her liberty before a court or other shall enjoy all the rights of a child in conflict with the law
competent, independent and impartial until he/she is proven to be eighteen (18) years old or
authority, and to a prompt decision on such older. The age of a child may be determined from the
action; child's birth certificate, baptismal certificate or any other
(f) the right to bail and recognizance, in pertinent documents. In the absence of these
appropriate cases; documents, age may be based on information from the
(g) the right to testify as a witness in hid/her own child himself/herself, testimonies of other persons, the
behalf under the rule on examination of a child physical appearance of the child and other relevant
witness; evidence. In case of doubt as to the age of the child, it
(h) the right to have his/her privacy respected fully shall be resolved in his/her favor.
at all stages of the proceedings; Any person contesting the age of the child in conflict with
(i) the right to diversion if he/she is qualified and the law prior to the filing of the information in any
voluntarily avails of the same; appropriate court may file a case in a summary
(j) the right to be imposed a judgment in proceeding for the determination of age before the
proportion to the gravity of the offense where Family Court which shall decide the case within twenty-
his/her best interest, the rights of the victim four (24) hours from receipt of the appropriate pleadings
and the needs of society are all taken into of all interested parties.

ISUE–CAS–InM–065 S.Y. 2015-2016
If a case has been fiied against the child in conflict with determine the organizational structure and staffing
the law and is pending in the appropriate court, the pattern of the JJWC.
person shall file a motion to determine the age of the The JJWC shall coordinate with the Office of the Court
child in the same court where the case is pending. Administrator and the Philippine Judicial Academy to
Pending hearing on the said motion, proceedings on the ensure the realization of its mandate and the proper
main case shall be suspended. discharge of its duties and functions, as herein provided.
In all proceedings, law enforcement officers, prosecutors,
judges and other government officials concerned shall SEC. 9. Duties and Functions of the JJWC. - The JJWC
exert all efforts at determining the age of the child in shall have the following duties and functions:
conflict with the law. (a) To oversee the implementation of this Act;
(b) To advise the President on all matters and
TITLE II policies relating to juvenile justice and welfare;
STRUCTURES IN THE ADMINISTRATION OF (c) To assist the concerned agencies in the review
JUVENILE JUSTICE AND WELFARE and redrafting of existing policies/regulations or
in the formulation of new ones in line with the
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - provisions of this Act;
A Juvenile Justice and Welfare Council (JJWC) is hereby (d) To periodically develop a comprehensive 3 to
created and attached to the Department of Justice and 5-year national juvenile intervention program,
placed under its administrative supervision. The JJWC with the participation of government agencies
shall be chaired by an undersecretary of the Department concerned, NGOs and youth organizations;
of Social Welfare and Development. It shall ensure the (e) To coordinate the implementation of the
effective implementation of this Act and coordination juvenile intervention programs and activities by
among the following agencies: national government agencies and other
(a) Council for the Welfare of Children (CWC); activities which may have an important bearing
(b) Department of Education (DepEd); on the success of the entire national juvenile
(c) Department of the Interior and Local intervention program. All programs relating to
Government (DILG); juvenile justice and welfare shall be adopted in
(d) Public Attorney's Office (PAO); consultation with the JJWC;
(e) Bureau of Corrections (BUCOR); (f) To formulate and recommend policies and
(f) Parole and Probation Administration (PPA) strategies in consultation with children for the
(g) National Bureau of Investigation (NBI); prevention of juvenile delinquency and the
(h) Philippine National Police (PNP);. administration of justice, as well as for the
(i) Bureau of Jail Management and Penology treatment and rehabilitation of the children in
(BJMP); conflict with the law;
(j) Commission on Human Rights (CHR); (g) To collect relevant information and conduct
(k) Technical Education and Skills Development continuing research and support evaluations
Authority (TESDA); and studies on all matters relating to juvenile
(l) National Youth Commission (NYC); and justice and welfare, such as but not limited to:
(m) Other institutions focused on juvenile justice (1) the performance and results achieved by
and intervention programs. juvenile intervention programs and by
The JJWC shall be composed of representatives, whose activities of the local government units
ranks shall not be lower than director, to be designated and other government agencies;
by the concerned heads of the following departments or (2) the periodic trends, problems and causes
agencies: of juvenile delinquency and crimes; and
(a) Department of Justice (DOJ); (3) the particular needs of children in conflict
(b) Department of Social Welfare and with the law in custody.
Development (DSWD); The data gathered shall be used by the JJWC
(c) Council for the Welfare of Children (CWC) in the improvement of the administration of
(d) Department of Education (DepEd); juvenile justice and welfare system.
(e) Department of the Interior and Local The JJWC shall set up a mechanism to ensure
Government (DILG) that children are involved in research and
(f) Commission on Human Rights (CHR); policy development.
(g) National Youth Commission (NYC); and (h) Through duly designated persons and with the
(h) Two (2) representatives from NGOs, one to be assistance of the agencies provided in the
designated by the Secretary of Justice and the preceding section, to conduct regular
other to be designated by the Secretary of inspections in detention and rehabilitation
Social Welfare and Development. facilities and to undertake spot inspections on
The JJWC shall convene within fifteen (15) days from the their own initiative in order to check
effectivity of this Act. The Secretary of Justice and the compliance with the standards provided herein
Secretary of Social Welfare and Development shall

ISUE–CAS–InM–065 S.Y. 2015-2016
and to make the necessary recommendations

to appropriate agencies; SEC. 14. The Role of the Mass Media. - The mass
(i) To initiate and coordinate the conduct of media shall play an active role in the promotion of child
trainings for the personnel of the agencies rights, and delinquency prevention by relaying consistent
involved in the administration of the juvenile messages through a balanced approach. Media
justice and welfare system and the juvenile practitioners shall, therefore, have the duty to maintain
intervention program; the highest critical and professional standards in
(j) To submit an annual report to the President on reporting and covering cases of children in conflict with
the implementation of this Act; and the law. In all publicity concerning children, the best
(k) To perform such other functions as may be interest of the child should be the primordial and
necessary to implement the provisions of this paramount concern. Any undue, inappropriate and
Act. sensationalized publicity of any case involving a child in
conflict with the law is hereby declared a violation of the
SEC. 10. Policies and Procedures on Juvenile Justice child's rights.
and Welfare. - All government agencies enumerated in
Section 8 shall, with the assistance of the JJWC and SEC. 15. Establishment and Strengthening of Local
within one (1) year from the effectivity of this Act, draft Councils for the Protection of Children. - Local Councils
policies and procedures consistent with the standards for the Protection of Children (LCPC) shall be
set in the law. These policies and procedures shall be established in all levels of local government, and where
modified accordingly in consultation with the JJWC upon they have already been established, they shall be
the completion of the national juvenile intervention strengthened within one (1) year from the effectivity of
program as provided under Section 9 (d). this Act. Membership in the LCPC shall be chosen from
among the responsible members of the community,
SEC. 11. Child Rights Center (CRC). - The existing Child including a representative from the youth sector, as well
Rights Center of the Commission on Human Rights shall as representatives from government and private
ensure that the status, rights and interests of children are agencies concerned with the welfare of children.
upheld in accordance with the Constitution and The local council shall serve as the primary agency to
international instruments on human rights. The CHR coordinate with and assist the LGU concerned for the
shall strengthen the monitoring of government adoption of a comprehensive plan on delinquency
compliance of all treaty obligations, including the timely prevention, and to oversee its proper implementation.
and regular submission of reports before the treaty One percent (1%) of the internal revenue allotment of
bodies, as well as the implementation and dissemination barangays, municipalities and cities shall be allocated for
of recommendations and conclusions by government the strengthening and implementation of the programs of
agencies as well as NGOs and civil society. the LCPC: Provided, That the disbursement of the fund
shall be made by the LGU concerned.
TITLE III
PREVENTION OF JUVENILE DELINQUENCY SEC. 16. Appointment of Local Social Welfare and
CHAPTER 1 Development Officer. - All LGUs shall appoint a duly
licensed social worker as its local social welfare and
THE ROLE OF THE DIFFERENT SECTORS development officer tasked to assist children in conflict
SEC. 12. The Family. - The family shall be responsible with the law.
for the primary nurturing and rearing of children which is
critical in delinquency prevention. As far as practicable SEC. 17. The SangguniangKabataan. - The
and in accordance with the procedures of this Act, a child SangguniangKabataan (SK) shall coordinate with the
in conflict with the law shall be maintained in his/her LCPC in the formulation and implementation of juvenile
family. intervention and diversion programs in the community.
CHAPTER 2
SEC. 13. The Educational System. - Educational COMPREHENSIVE JUVENILE INTERVENTION
institutions shall work together with families, community PROGRAM
organizations and agencies in the prevention of juvenile
delinquency and in the rehabilitation and reintegration of SEC. 18. Development of a Comprehensive Juvenile
child in conflict with the law. Schools shall provide Intervention Program. - A Comprehensive juvenile
adequate, necessary and individualized educational intervention program covering at least a 3-year period
schemes for children manifesting difficult behavior and shall be instituted in LGUs from the barangay to the
children in conflict with the law. In cases where children provincial level.
in conflict with the law are taken into custody or detained The LGUs shall set aside an amount necessary to
in rehabilitation centers, they should be provided the implement their respective juvenile intervention programs
opportunity to continue learning under an alternative in their annual budget.
learning system with basic literacy program or non- The LGUs, in coordination with the LCPC, shall call on
formal education accreditation equivalency system. all sectors concerned, particularly the child-focused

ISUE–CAS–InM–065 S.Y. 2015-2016
institutions, NGOs, people's organizations, educational will not comply with the prevention program, the proper
institutions and government agencies involved in petition for involuntary commitment shall be filed by the
delinquency prevention to participate in the planning DSWD or the Local Social Welfare and Development
process and implementation of juvenile intervention Office pursuant to Presidential Decree No. 603,
programs. Such programs shall be implemented otherwise ,known as "The Child and Youth Welfare
consistent with the national program formulated and Code".
designed by the JJWC. The implementation of the
comprehensive juvenile intervention program shall be TITLE V
reviewed and assessed annually by the LGUs in JUVENILE JUSTICE AND WELFARE SYSTEM
coordination with the LCPC. Results of the assessment CHAPTER I
shall be submitted by the provincial and city INITIAL CONTACT WITH THE CHILD
governments to the JJWC not later than March 30 of SEC. 21. Procedure for Taking the Child into Custody. -
every year. From the moment a child is taken into custody, the law
enforcement officer shall:
SEC. 19. Community-based Programs on Juvenile (d) Explain to the child in simple language and in a
Justice and Welfare. - Community-based programs on dialect that he/she can understand why he/she
juvenile justice and welfare shall be instituted by the is being placed under custody and the offense
LGUs through the LCPC, school, youth organizations that he/she allegedly committed;
and other concerned agencies. The LGUs shall provide (e) Inform the child of the reason for such custody
community-based services which respond to the special and advise the child of his/her constitutional
needs, problems, interests and concerns of children and rights in a language or dialect understood by
which offer appropriate counseling and guidance to them him/her;
and their families. These programs shall consist of three (f) Properly identify himself/herself and present
levels: proper identification to the child;
(a) Primary intervention includes general (d) Refrain from using vulgar or profane words and
measures to promote social justice and equal from sexually harassing or abusing, or making
opportunity, which tackle perceived root sexual advances on the child in conflict with
causes of offending; the law;
(b) Secondary intervention includes measures to (e) Avoid displaying or using any firearm, weapon,
assist children at risk; and handcuffs or other instruments of force or
(c) Tertiary intervention includes measures to restraint, unless absolutely necessary and only
avoid unnecessary contact with the formal after all other methods of control have been
justice system and other measures to prevent exhausted and have failed;
re-offending. (f) Refrain from subjecting the child in conflict with
the law to greater restraint than is necessary
TITLE IV for his/her apprehension;
TREATMENT OF CHILDREN BELOW THE AGE OF (g) Avoid violence or unnecessary force;
CRIMINAL RESPONSIBILITY (h) Determine the age of the child pursuant to
Section 7 of this Act;
SEC. 20. Children Below the Age of Criminal (i) Immediately but not later than eight (8) hours
Responsibility. - If it has been determined that the child after apprehension, turn over custody of the
taken into custody is fifteen (15) years old or below, the child to the Social Welfare and Development
authority which will have an initial contact with the child Office or other accredited NGOs, and notify the
has the duty to immediately release the child to the child's apprehension. The social welfare and
custody of his/her parents or guardian, or in the absence development officer shall explain to the child
thereof, the child's nearest relative. Said authority shall and the child's parents/guardians the
give notice to the local social welfare and development consequences of the child's act with a view
officer who will determine the appropriate programs in towards counseling and rehabilitation,
consultation with the child and to the person having diversion from the criminal justice system, and
custody over the child. If the parents, guardians or reparation, if appropriate;
nearest relatives cannot be located, or if they refuse to (j) Take the child immediately to the proper
take custody, the child may be released to any of the medical and health officer for a thorough
following: a duly registered nongovernmental or religious physical and mental examination. The
organization; a barangay official or a member of the examination results shall be kept confidential
Barangay Council for the Protection of Children (BCPC); unless otherwise ordered by the Family Court.
a local social welfare and development officer; or when Whenever the medical treatment is required,
and where appropriate, the DSWD. If the child referred to steps shall be immediately undertaken to
herein has been found by the Local Social Welfare and provide the same;
Development Office to be abandoned, neglected or (k) Ensure that should detention of the child in
abused by his parents, or in the event that the parents conflict with the law be necessary, the child

ISUE–CAS–InM–065 S.Y. 2015-2016
shall be secured in quarters separate from that imprisonment, the law enforcement officer or
of the opposite sex and adult offenders; Punong Barangay with the assistance of the
(l) Record the following in the initial investigation: local social welfare and development officer or
6. Whether handcuffs or other instruments of other members of the LCPC shall conduct
restraint were used, and if so, the reason mediation, family conferencing and conciliation
for such; and, where appropriate, adopt indigenous
7. That the parents or guardian of a child, modes of conflict resolution in accordance with
the DSWD, and the PA0 have been the best interest of the child with a view to
informed of the apprehension and the accomplishing the objectives of restorative
details thereof; and justice and the formulation of a diversion
8. The exhaustion of measures to determine program. The child and his/her family shall be
the age of a child and the precise details present in these activities.
of the physical and medical examination (e) In victimless crimes where the imposable
or the failure to submit a child to such penalty is not more than six (6) years
examination; and imprisonment, the local social welfare and
(m) Ensure that all statements signed by the child development officer shall meet with the child
during investigation shall be witnessed by the and his/her parents or guardians for the
child's parents or guardian, social worker, or development of the appropriate diversion and
legal counsel in attendance who shall affix rehabilitation program, in coordination with the
his/her signature to the said statement. BCPC;
A child in conflict with the law shall only be searched by (f) Where the imposable penalty for the crime
a law enforcement officer of the same gender and shall committed exceeds six (6) years imprisonment,
not be locked up in a detention cell. diversion measures may be resorted to only by
the court.
SEC. 22. Duties During Initial Investigation. - The law
enforcement officer shall, in his/her investigation, SEC. 24. Stages Where Diversion May be Conducted. -
determine where the case involving the child in conflict Diversion may be conducted at the
with the law should be referred. KatarungangPambarangay, the police investigation or
The taking of the statement of the child shall be the inquest or preliminary investigation stage and at all
conducted in the presence of the following: (1) child's 1evels and phases of the proceedings including judicial
counsel of choice or in the absence thereof, a lawyer level.
from the Public Attorney's Office; (2) the child's parents,
guardian, or nearest relative, as the case may be; and SEC. 25. Conferencing, Mediation and Conciliation. - A
(3) the local social welfare and development officer. In child in conflict with law may undergo conferencing,
the absence of the child's parents, guardian, or nearest mediation or conciliation outside the criminal justice
relative, and the local social welfare and development system or prior to his entry into said system. A contract
officer, the investigation shall be conducted in the of diversion may be entered into during such
presence of a representative of an NGO, religious group, conferencing, mediation or conciliation proceedings.
or member of the BCPC.
After the initial investigation, the local social worker SEC. 26. Contract of Diversion. - If during the
conducting the same may do either of the following: conferencing, mediation or conciliation, the child
(a) Proceed in accordance with Section 20 if voluntarily admits the commission of the act, a diversion
the child is fifteen (15) years or below or program shall be developed when appropriate and
above fifteen (15) but below eighteen (18) desirable as determined under Section 30. Such
years old, who acted without discernment; admission shall not be used against the child in any
and subsequent judicial, quasi-judicial or administrative
(b) If the child is above fifteen (15) years old proceedings. The diversion program shall be effective
but below eighteen (18) and who acted and binding if accepted by the parties concerned. The
with discernment, proceed to diversion acceptance shall be in writing and signed by the parties
under the following chapter. concerned and the appropriate authorities. The local
social welfare and development officer shall supervise
CHAPTER 2 the implementation of the diversion program. The
DIVERSION diversion proceedings shall be completed within forty-five
(45) days. The period of prescription of the offense shall
SEC. 23. System of Diversion. - Children in conflict with be suspended until the completion of the diversion
the law shall undergo diversion programs without proceedings but not to exceed forty-five (45) days.
undergoing court proceedings subject to the conditions The child shall present himself/herself to the competent
herein provided: authorities that imposed the diversion program at least
(d) Where the imposable penalty for the crime once a month for reporting and evaluation of the
committee is not more than six (6) years effectiveness of the program.

ISUE–CAS–InM–065 S.Y. 2015-2016
Failure to comply with the terms and conditions of the i. The child's feelings of remorse for the offense
contract of diversion, as certified by the local social he/she committed;
welfare and development officer, shall give the offended j. The parents' or legal guardians' ability to guide
party the option to institute the appropriate legal action. and supervise the child;
The period of prescription of the offense shall be k. The victim's view about the propriety of the
suspended during the effectivity of the diversion measures to be imposed; and
program, but not exceeding a period of two (2) years. l. The availability of community-based programs
for rehabilitation and reintegration of the child.
SEC. 27. Duty of the Punong Barangay When There is SEC. 31. Kinds of Diversion Programs. - The diversion
No Diversion. - If the offense does not fall under Section program shall include adequate socio-cultural and
23(a) and (b), or if the child, his/her parents or guardian psychological responses and services for the child. At
does not consent to a diversion, the Punong Barangay the different stages where diversion may be resorted to,
handling the case shall, within three (3) days from the following diversion programs may be agreed upon,
determination of the absence of jurisdiction over the case such as, but not limited to:
or termination of the diversion proceedings, as the case (e) At the level of the Punong Barangay:
may be, forward the records of the case of the child to (1) Restitution of property;
the law enforcement officer, prosecutor or the (2) Reparation of the damage caused;
appropriate court, as the case may be. Upon the (3) Indemnification for consequential
issuance of the corresponding document, certifying to damages;
the fact that no agreement has been reached by the (4) Written or oral apology;
parties, the case shall be filed according to the regular (5) Care, guidance and supervision orders;
process. (6) Counseling for the child in conflict with
the law and the child's family;
SEC. 28. Duty of the Law Enforcement Officer When (7) Attendance in trainings, seminars and
There is No Diversion. - If the offense does not fall under lectures on:
Section 23(a) and (b), or if the child, his/her parents or (V) anger management skills;
guardian does not consent to a diversion, the Women (VI) problem solving and/or conflict
and Children Protection Desk of the PNP, or other law resolution skills;
enforcement officer handling the case of the child under (VII) values formation; and
custody, to the prosecutor or judge concerned for the (VIII) other skills which will aid the child
conduct of inquest and/or preliminary investigation to in dealing with situations which
determine whether or not the child should remain under can lead to repetition of the
custody and correspondingly charged in court. The offense;
document transmitting said records shall display the (8) Participation in available community-
word "CHILD" in bold letters. based programs, including community
service; or
SEC. 29. Factors in Determining Diversion Program. - In (9) Participation in education, vocation and
determining whether diversion is appropriate and life skills programs.
desirable, the following factors shall be taken into (f) At the level of the law enforcement officer and
consideration: the prosecutor:
(i) The nature and circumstances of the offense (1) Diversion programs specified under
charged; paragraphs (a)(1) to (a)(9) herein; and
(j) The frequency and the severity of the act; (2) Confiscation and forfeiture of the
(k) The circumstances of the child (e.g. age, proceeds or instruments of the crime;
maturity, intelligence, etc.); (g) At the level of the appropriate court:
(l) The influence of the family and environment on (1) Diversion programs specified under
the growth of the child; paragraphs(a)and (b) above;
(m) The reparation of injury to the victim; (2) Written or oral reprimand or citation;
(n) The weight of the evidence against the child; (3) Fine:
(o) The safety of the community; and (4) Payment of the cost of the proceedings;
(p) The best interest of the child. or
(5) Institutional care and custody.
SEC. 30. Formulation of the Diversion Program. - In
formulating a diversion program, the individual CHAPTER 3
characteristics and the peculiar circumstances of the PROSECUTION
child in conflict with the law shall be used to formulate an
individualized treatment. SEC. 32. Duty of the Prosecutor's Office. - There shall
The following factors shall be considered in formulating a be a specially trained prosecutor to conduct inquest,
diversion program for the child: preliminary investigation and prosecution of cases
involving a child in conflict with the law. If there is an

ISUE–CAS–InM–065 S.Y. 2015-2016
allegation of torture or ill-treatment of a child in conflict jurisdiction of the court. The center or agency concerned
with the law during arrest or detention, it shall be the duty shall be responsible for the child's appearance in court
of the prosecutor to investigate the same. whenever required.
SEC. 33. Preliminary Investigation and Filing of SEC. 37. Diversion Measures. - Where the maximum
Information. - The prosecutor shall conduct a preliminary penalty imposed by law for the offense with which the
investigation in the following instances: (a) when the child in conflict with the law is charged is imprisonment of
child in conflict with the law does not qualify for diversion: not more than twelve (12) years, regardless of the fine or
(b) when the child, his/her parents or guardian does not fine alone regardless of the amount, and before
agree to diversion as specified in Sections 27 and 28; arraignment of the child in conflict with the law, the court
and (c) when considering the assessment and shall determine whether or not diversion is appropriate.
recommendation of the social worker, the prosecutor
determines that diversion is not appropriate for the child SEC. 38. Automatic Suspension of Sentence. - Once the
in conflict with the law. child who is under eighteen (18) years of age at the time
Upon serving the subpoena and the affidavit of of the commission of the offense is found guilty of the
complaint, the prosecutor shall notify the Public offense charged, the court shall determine and ascertain
Attorney's Office of such service, as well as the personal any civil liability which may have resulted from the
information, and place of detention of the child in conflict offense committed. However, instead of pronouncing the
with the law. judgment of conviction, the court shall place the child in
Upon determination of probable cause by the prosecutor, conflict with the law under suspended sentence, without
the information against the child shall be filed before the need of application: Provided, however, That suspension
Family Court within forty-five (45) days from the start of of sentence shall still be applied even if the juvenile is
the preliminary investigation. already eighteen years (18) of age or more at the time of
the pronouncement of his/her guilt.
CHAPTER 4 Upon suspension of sentence and after considering the
COURT PROCEEDINGS various chcumstances of the child, the court shall impose
the appropriate disposition measures as provided in the
SEC. 34. Bail. - For purposes of recommending the Supreme Court Rule on Juveniles in Conflict with the
amount of bail, the privileged mitigating circumstance of Law.
minority shall be considered. SEC. 39. Discharge of the Child in Conflict with the
Law. - Upon the recommendation of the social worker
SEC. 35. Release on Recognizance. - Where a child is who has custody of the child, the court shall dismiss the
detained, the court shall order: case against the child whose sentence has been
(a) the release of the minor on recognizance to suspended and against whom disposition measures
his/her parents and other suitable person; have been issued, and shall order the final discharge of
(b) the release of the child in conflict with the law the child if it finds that the objective of the disposition
on bail; or measures have been fulfilled.
(c) the transfer of the minor to a youth detention The discharge of the child in conflict with the law shall
home/youth rehabilitation center. not affect the civil liability resulting from the commission
The court shall not order the detention of a child in a jail of the offense, which shall be enforced in accordance
pending trial or hearing of his/her case. with law.
SEC. 36. Detention of the Child Pending Trial. - Children SEC. 40. Return of the Child in Conflict with the Law to
detained pending trial may be released on bail or Court. - If the court finds that the objective of the
recognizance as provided for under Sections 34 and 35 disposition measures imposed upon the child in conflict
under this Act. In all other cases and whenever possible, with the law have not been fulfilled, or if the child in
detention pending trial may be replaced by alternative conflict with the law has willfully failed to comply with the
measures, such as close supervision, intensive care or conditions of his/her disposition or rehabilitation program,
placement with a family or in an educational setting or the child in conflict with the law shall be brought before
home. Institutionalization or detention of the child the court for execution of judgment.
pending trial shall be used only as a measure of last If said child in conflict with the law has reached eighteen
resort and for the shortest possible period of time. (18) years of age while under suspended sentence, the
Whenever detention is necessary, a child will always be court shall determine whether to discharge the child in
detained in youth detention homes established by local accordance with this Act, to order execution of sentence,
governments, pursuant to Section 8 of the Family Courts or to extend the suspended sentence for a certain
Act, in the city or municipality where the child resides. specified period or until the child reaches the maximum
In the absence of a youth detention home, the child in age of twenty-one (21) years.
conflict with the law may be committed to the care of the
DSWD or a local rehabilitation center recognized by the SEC. 41. Credit in Service of Sentence. - The child in
government in the province, city or municipality within the conflict with the law shall be credited in the services of

ISUE–CAS–InM–065 S.Y. 2015-2016
his/her sentence with the full time spent in actual valid order issued by the court after a hearing for the
commitment and detention under this Act. purpose. The details of this order shall be immediately
entered in a register exclusively for children in conflict
SEC. 42. Probation as an Alternative to Imprisonment. - with the law. No child shall be admitted in any facility
The court may, after it shall have convicted and where there is no such register.
sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in SEC. 46, Separate Facilities from Adults. - In all
lieu of service of his/her sentence taking into account the rehabilitation or training facilities, it shall be mandatory
best interest of the child. For this purpose, Section 4 of that children shall be separated from adults unless they
Presidential Decree No. 968, otherwise known as the are members of the same family. Under no other
"Probation Law of 1976", is hereby amended circumstance shall a child in conflict with the law be
accordingly. placed in the same confinement as adults.
The rehabilitation, training or confinement area of
CHAPTER 5 children in conflict with the law shall provide a home
CONFIDENTIALITY OF RECORDS AND environment where children in conflict with the law can
PROCEEDINGS be provided with quality counseling and treatment.
SEC. 43. Confedentiality of Records and Proceedings. - SEC. 47. Female Children. - Female children in conflict
All records and proceedings involving children in conflict with the law placed in an institution shall be given special
with the law from initial contact until final disposition of attention as to their personal needs and problems. They
the case shall be considered privileged and confidential. shall be handled by female doctors, correction officers
The public shall be excluded during the proceedings and and social workers, and shall be accommodated
the records shall not be disclosed directly or indirectly to separately from male children in conflict with the law.
anyone by any of the parties or the participants in the
proceedings for any purpose whatsoever, except to SEC. 48. Gender-Sensitivity Training. - No personnel of
determine if the child in conflict with the law may have rehabilitation and training facilities shall handle children
his/hes sentence suspended or if he/she may be granted in conflict with the law without having undergone gender
probation under the Probation Law, or to enforce the civil sensitivity training.
liability imposed in the criminal action.
The component authorities shall undertake all measures SEC. 49. Establishment of Youth Detention Homes. -
to protect this confidentiality of proceedings, including The LGUs shall set aside an amount to build youth
non-disclosure of records to the media, maintaining a detention homes as mandated by the Family Courts Act.
separate police blotter for cases involving children in Youth detention homes may also be established by
conflict with the law and adopting a system of coding to private and NGOs licensed and accredited by the
conceal material information which will lead to the child's DSWD, in consultation with the JJWC.
identity. Records of a child in conflict with the law shall
not be used in subsequent proceedings for cases SEC. 50. Care and Maintenance of the Child in Conflict
involving the same offender as an adult, except when with the Law. - The expenses for the care and
beneficial for the offender and upon his/her written maintenance of a child in conflict with the law under
consent. institutional care shall be borne by his/her parents or
A person who has been in conflict with the law as a child those persons liable to support him/her: Provided, That
shall not be held under any provision of law, to be guilty in case his/her parents or those persons liable to support
of perjury or of concealment or misrepresentation by him/her cannot pay all or part of said expenses, the
reason of his/her failure to acknowledge the case or municipality where the offense was committed shall pay
recite any fact related thereto in response to any inquiry one-third (1/3) of said expenses or part thereof; the
made to him/her for any purpose. province to which the municipality belongs shall pay one-
third (1/3) and the remaining one-third (1/3) shall be
TITLE VI borne by the national government. Chartered cities shall
REHABILITATION AND REINTEGRATION pay two-thirds (2/3) of said expenses; and in case a
chartered city cannot pay said expenses, part of the
SEC. 44. Objective of Rehabilitation and Reintegration. - internal revenue allotments applicable to the unpaid
The objective of rehabilitation and reintegration of portion shall be withheld and applied to the settlement of
children in conflict with the law is to provide them with said obligations:Provided, further, That in the event that
interventions, approaches and strategies that will enable the child in conflict with the law is not a resident of the
them to improve their social functioning with the end goal municipality/city where the offense was committed, the
of reintegration to their families and as productive court, upon its determination, may require the
members of their communities. city/municipality where the child in conflict with the law
resides to shoulder the cost.
SEC. 45. Court Order Required. - No child shall be
received in any rehabilitation or training facility without a

ISUE–CAS–InM–065 S.Y. 2015-2016
All city and provincial governments must exert effort for the progress of the youth in the center, a final report will
the immediate establishment of local detention homes for be forwarded to the court for final disposition of the case.
children in conflict with the law. The DSWD shall establish youth rehabilitation centers in
each region of the country.
SEC. 51. Confinement of Convicted Children in
Agricultural Camps and other Training Facilities. - A child SEC. 54. Objectives of Community Based Programs. -
in conflict with the law may, after conviction and upon The objectives of community-based programs are as
order of the court, be made to serve his/her sentence, in follows:
lieu of confinement in a regular penal institution, in an (a) Prevent disruption in the education or means
agricultural camp and other training facilities that may be of livelihood of the child in conflict with the law
established, maintained, supervised and controlled by in case he/she is studying, working or
the BUCOR, in coordination with the DSWD. attending vocational learning institutions;
(b) Prevent separation of the child in conflict with
the law from his/her parents/guardians to
SEC. 52. Rehabilitation of Children in Conflict with the maintain the support system fostered by their
Law. - Children in conflict with the law, whose sentences relationship and to create greater awareness of
are suspended may, upon order of the court, undergo their mutual and reciprocal responsibilities;
any or a combination of disposition measures best suited (c) Facilitate the rehabilitation and mainstreaming
to the rehabilitation and welfare of the child as provided of the child in conflict with the law and
in the Supreme Court Rule on Juveniles in Conflict with encourage community support and
the Law. involvement; and
If the community-based rehabilitation is availed of by a (d) Minimize the stigma that attaches to the child
child in conflict with the law, he/she shall be released to in conflict with the law by preventing jail
parents, guardians, relatives or any other responsible detention.
person in the community. Under the supervision and
guidance of the local social welfare and development SEC. 55. Criteria of Community-Based Programs. -
officer, and in coordination with his/her parents/guardian, Every LGU shall establish community-based programs
the child in conflict with the law shall participate in that will focus on the rehabilitation and reintegration of
community-based programs, which shall include, but not the child. All programs shall meet the criteria to be
limited to: established by the JJWC which shall take into account
A. Competency and life skills development; the purpose of the program, the need for the consent of
B. Socio-cultural and recreational activities; the child and his/her parents or legal guardians, and the
C.Community volunteer projects; participation of the child-centered agencies whether
D.Leadership training; public or private.
E. Social services;
F. Homelife services; SEC. 56. After-Care Support Services for Children in
G.Health services; . Conflict with the Law. - Children in conflict with the law
H.Spiritual enrichment; and whose cases have been dismissed by the proper court
I. Community and family welfare services. because of good behavior as per recommendation of the
In accordance therewith, the family of the child in conflict DSWD social worker and/or any accredited NGO youth
with the law shall endeavor to actively participate in the rehabilitation center shall be provided after-care services
community-based rehabilitation. by the local social welfare and development officer for a
Based on the progress of the youth in the community, a period of at least six (6) months. The service includes
final report will be forwarded by the local social welfare counseling and other community-based services
and development officer to the court for final disposition designed to facilitate social reintegration, prevent re-
of the case. offending and make the children productive members of
If the community-based programs are provided as the community.
diversion measures under Chapter II, Title V, the
programs enumerated above shall be made available to
the child in conflict with the law.
SEC. 53. Youth Rehabilitation Center. - The youth

rehabilitation center shall provide 24-hour group care,
treatment and rehabilitation services under the guidance
of a trained staff where residents are cared for under a TITLE VII
structured therapeutic environment with the end view of GENERAL PROVISIONS
reintegrating them in their families and communities as
socially functioning individuals. A quarterly report shall CHAPTER 1
be submitted by the center to the proper court on the EXEMPTING PROVISIONS
progress of the children in conflict with the law. Based on

ISUE–CAS–InM–065 S.Y. 2015-2016
SEC. 57.Status Offences. - Any conduct not considered SEC. 62.Violation of the Provisions of this Act or Rules
an offense or not penalized if committed by an adult shall or Regulations in General. - Any person who violates any
not be considered an offense and shall not be punished provision of this Act or any rule or regulation
if committed by a child. promulgated in accordance thereof shall, upon conviction
for each act or omission, be punished by a fine of not
SEC. 58.Offenses Not Applicable to Children. - Persons less than Twenty thousand pesos (P20,000.00) but not
below eighteen (18) years of age shall be exempt from more than Fifty thousand pesos (P50,000.00) or suffer
prosecution for the crime of vagrancy and prostitution imprisonment of not less than eight (8) years but not
under Section 202 of the Revised Penal Code, of more than ten (10) years, or both such fine and
mendicancy under Presidential Decree No. 1563, and imprisonment at the discretion of the court, unless a
sniffing of rugby under Presidential Decree No. 1619, higher penalty is provided for in the Revised Penal Code
such prosecution being inconsistent with the United or special laws. If the offender is a public officer or
Nations Convention on the Rights of the Child: Provided, employee, he/she shall, in addition to such fine and/or
That said persons shall undergo appropriate counseling imprisonment, be held administratively liable and shall
and treatment program. suffer the penalty of perpetual absolute disqualification.
SEC. 59.Exemption from the Application of Death CHAPTER 4

Penalty. - The provisions of the Revised Penal Code, as APPROPRIATION PROVISION
amended, Republic Act No. 9165, otherwise known as SEC. 63. Appropriations. - The amount necessary to
the Comprehensive Dangerous Drugs Act of 2002, and carry out the initial implementation of this Act shall be
other special laws notwithstanding, no death penalty charged to the Office of the President. Thereafter, such
shall be imposed upon children in conflict with the law. sums as may be necessary for the continued
implementation of this Act shall be included in the
CHAPTER 2 succeeding General Appropriations Act.
PROHIBITED ACTS An initial amount of Fifty million pesos (P50,000,000.00)
SEC. 60. Prohibition Against Labeling and Shaming. - In for the purpose of setting up the JJWC shall be taken
the conduct of the proceedings beginning from the initial from the proceeds of the Philippine Charity Sweepstakes
contact with the child, the competent authorities must Office.
refrain from branding or labeling children as young
criminals, juvenile delinquents, prostitutes or attaching to TITLE VIII
them in any manner any other derogatory names. TRANSITORY PROVISIONS
Likewise, no discriminatory remarks and practices shall SEC. 64. Children in Conflict with the Law Fifteen (15)
be allowed particularly with respect to the child's class or Years Old and Below. - Upon effectivity of this Act, cases
ethnic origin. of children fifteen (15) years old and below at the time of
the commission of the crime shall immediately be
SEC. 61. Other Prohibited Acts. - The following and any dismissed and the child shall be referred to the
other similar acts shall be considered prejudicial and appropriate local social welfare and development officer.
detrimental to the psychological, emotional, social, Such officer, upon thorough assessment of the child,
spiritual, moral and physical health and well-being of the shall determine whether to release the child to the
child in conflict with the law and therefore, prohibited: custody of his/her parents, or refer the child to prevention
(a) Employment of threats of whatever kind and programs as provided under this Act. Those with
nature; suspended sentences and undergoing rehabilitation at
(b) Employment of abusive, coercive and punitive the youth rehabilitation center shall likewise be released,
measures such as cursing, beating, stripping, unless it is contrary to the best interest of the child.
and solitary confinement;
(c) Employment of degrading, inhuman end cruel SEC. 65. Children Detained Pending Dial. - If the child is
forms of punishment such as shaving the detained pending trial, the Family Court shall also
heads, pouring irritating, corrosive or harmful determine whether or not continued detention is
substances over the body of the child in necessary and, if not, determine appropriate alternatives
conflict with the law, or forcing him/her to walk for detention.
around the community wearing signs which If detention is necessary and he/she is detained with
embarrass, humiliate, and degrade his/her adults, the court shall immediately order the transfer of
personality and dignity; and the child to a youth detention home.
(d) Compelling the child to perform involuntary
servitude in any and all forms under any and SEC. 66. Inventory of "Locked-up" and Detained
all instances. Children in Conflict with the Law. - The PNP, the BJMP
and the BUCOR are hereby directed to submit to the
CHAPTER 3 JJWC, within ninety (90) days from the effectivity of this
PENAL PROVISION Act, an inventory of all children in conflict with the law
under their custody.

ISUE–CAS–InM–065 S.Y. 2015-2016
ARTICLE I
SEC. 67. Children Who Reach the Age of Eighteen (18) Title, Policy, Principles and Definitions of Terms
Years Pending Diversion and Court Proceedings. - If a
child reaches the age of eighteen (18) years pending Section 1. Title. – This Act shall be known as
diversion and court proceedings, the appropriate the "Special Protection of Children Against Abuse,
diversion authority in consultation with the local social Exploitation and Discrimination Act."
welfare and development officer or the Family Court in
consultation with the Social Services and Counseling Section 2. Declaration of State Policy and Principles. – It
Division (SSCD) of the Supreme Court, as the case may is hereby declared to be the policy of the State to provide
be, shall determine the appropriate disposition. In case special protection to children from all firms of abuse,
the appropriate court executes the judgment of neglect, cruelty exploitation and discrimination and other
conviction, and unless the child in conflict the law has conditions, prejudicial their development; provide
already availed of probation under Presidential Decree sanctions for their commission and carry out a program
No. 603 or other similar laws, the child may apply for for prevention and deterrence of and crisis intervention in
probation if qualified under the provisions of the situations of child abuse, exploitation and discrimination.
Probation Law. The State shall intervene on behalf of the child when the
parent, guardian, teacher or person having care or
SEC. 68. Children Who Have Been Convicted and are custody of the child fails or is unable to protect the child
Serving Sentence. - Persons who have been convicted against abuse, exploitation and discrimination or when
and are serving sentence at the time of the effectivity of such acts against the child are committed by the said
this Act, and who were below the age of eighteen (18) parent, guardian, teacher or person having care and
years at the time the commission of the offense for which custody of the same.
they were convicted and are serving sentence, shall
likewise benefit from the retroactive application of this It shall be the policy of the State to protect and
Act. They shall be entitled to appropriate dispositions rehabilitate children gravely threatened or endangered
provided under this Act and their sentences shall be by circumstances which affect or will affect their survival
adjusted accordingly. They shall be immediately and normal development and over which they have no
released if they are so qualified under this Act or other control.
applicable law.
The best interests of children shall be the paramount
TITLE IX consideration in all actions concerning them, whether
FINAL PROVISIONS undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative
SEC. 69. Rule Making Power. - The JJWC shall issue bodies, consistent with the principle of First Call for
the IRRs for the implementation of the provisions of this Children as enunciated in the United Nations Convention
act within ninety (90) days from the effectivity thereof. of the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their
SEC. 70. Separability Clause. - If, for any reason, any opportunities for a useful and happy life.
section or provision of this Act is declared
unconstitutional or invalid by the Supreme Court, the Section 3. Definition of Terms. –
other sections or provisions hereof not dfected by such (e) "Children" refers to person below eighteen (18)
declaration shall remain in force and effect. years of age or those over but are unable to
fully take care of themselves or protect
SEC. 71. Repealing Clause. - All existing laws, orders, themselves from abuse, neglect, cruelty,
decrees, rules and regulations or parts thereof exploitation or discrimination because of a
inconsistent with the provisions of this Act are hereby physical or mental disability or condition;
repealed or modified accordingly. (f) "Child abuse" refers to the maltreatment,
whether habitual or not, of the child which
SEC. 72. Effectivity. - This Act shall take effect after includes any of the following:
fifteen (15) days from its publication in at least two (2) (1) Psychological and physical abuse,
national newspapers of general circulation. neglect, cruelty, sexual abuse and
emotional maltreatment;
Approved: April 28, 2006 (2) Any act by deeds or words which
debases, degrades or demeans the
REPUBLIC ACT NO. 7610 intrinsic worth and dignity of a child
AN ACT PROVIDING FOR STRONGER DETERRENCE as a human being;
AND SPECIAL PROTECTION AGAINST CHILD (3) Unreasonable deprivation of his
ABUSE, EXPLOITATION AND DISCRIMINATION, AND basic needs for survival, such as
FOR OTHER PURPOSES food and shelter; or

ISUE–CAS–InM–065 S.Y. 2015-2016
(4) Failure to immediately give medical indecent shows; other acts of abuse; and circumstances
treatment to an injured child resulting which endanger child survival and normal development.
in serious impairment of his growth
and development or in his permanent ARTICLE III
incapacity or death. Child Prostitution and Other Sexual Abuse
(g) "Circumstances which gravely threaten or
endanger the survival and normal development Section 5. Child Prostitution and Other Sexual Abuse. –
of children" include, but are not limited to, the Children, whether male or female, who for money, profit,
following; or any other consideration or due to the coercion or
(1) Being in a community where there is influence of any adult, syndicate or group, indulge in
armed conflict or being affected by sexual intercourse or lascivious conduct, are deemed to
armed conflict-related activities; be children exploited in prostitution and other sexual
(2) Working under conditions hazardous abuse.
to life, safety and normal which The penalty of reclusion temporal in its medium period to
unduly interfere with their normal reclusion perpetua shall be imposed upon the following:
development; (f) Those who
(3) Living in or fending for themselves in engage in
the streets of urban or rural areas or promote,
without the care of parents or a facilitate or
guardian or basic services needed induce child
for a good quality of life; prostitution
(4) Being a member of a indigenous which
cultural community and/or living include, but
under conditions of extreme poverty are not
or in an area which is limited to,
underdeveloped and/or lacks or has the
inadequate access to basic services following:
needed for a good quality of life; (4) Acting as a procurer of a child
(5) Being a victim of a man-made or prostitute;
natural disaster or calamity; or (5) Inducing a person to be a client of a
(6) Circumstances analogous to those child prostitute by means of written
abovestated which endanger the life, or oral advertisements or other
safety or normal development of similar means;
children. (6) Taking advantage of influence or
(h) "Comprehensive program against child abuse, relationship to procure a child as
exploitation and discrimination" refers to the prostitute;
coordinated program of services and facilities (7) Threatening or using violence
to protected children against: towards a child to engage him as a
(1) Child Prostitution and other prostitute; or
sexual abuse; (8) Giving monetary consideration goods
(2) Child trafficking; or other pecuniary benefit to a child
(3) Obscene publications and with intent to engage such child in
indecent shows; prostitution.
(4) Other acts of abuses; and (g) Those who
(5) Circumstances which threaten or commit the
endanger the survival and normal act of
development of children. sexual
intercourse
ARTICLE II of
Program on Child Abuse, Exploitation and Discrimination lascivious
conduct
Section 4. Formulation of the Program. – There shall be with a child
a comprehensive program to be formulated, by the exploited in
Department of Justice and the Department of Social prostitution
Welfare and Development in coordination with other or subject
government agencies and private sector concerned, to other
within one (1) year from the effectivity of this Act, to sexual
protect children against child prostitution and other abuse;
sexual abuse; child trafficking, obscene publications and Provided,
That when

ISUE–CAS–InM–065 S.Y. 2015-2016
the victims entertainme

is under nt or
twelve (12) establishm
years of ent serving
age, the as a cover
perpetrator or which
s shall be engages in
prosecuted prostitution
under in addition
Article 335, to the
paragraph activity for
3, for rape which the
and Article license has
336 of Act been
No. 3815, issued to
as said
amended, establishm
the Revised ent.
Penal
Code, for Section 6. Attempt To Commit Child Prostitution. – There
rape or is an attempt to commit child prostitution under Section
lascivious 5, paragraph (a) hereof when any person who, not being
conduct, as a relative of a child, is found alone with the said child
the case inside the room or cubicle of a house, an inn, hotel,
may be: motel, pension house, apartelle or other similar
Provided, establishments, vessel, vehicle or any other hidden or
That the secluded area under circumstances which would lead a
penalty for reasonable person to believe that the child is about to be
lascivious exploited in prostitution and other sexual abuse.
conduct There is also an attempt to commit child prostitution,
when the under paragraph (b) of Section 5 hereof when any
victim is person is receiving services from a child in a sauna
under parlor or bath, massage clinic, health club and other
twelve (12) similar establishments. A penalty lower by two (2)
years of degrees than that prescribed for the consummated
age shall felony under Section 5 hereof shall be imposed upon the
be principals of the attempt to commit the crime of child
reclusion prostitution under this Act, or, in the proper case, under
temporal in the Revised Penal Code.
its medium
period; and ARTICLE IV
(h) Those who Child Trafficking
derive profit
or Section 7. Child Trafficking. – Any person who shall
advantage engage in trading and dealing with children including, but
therefrom, not limited to, the act of buying and selling of a child for
whether as money, or for any other consideration, or barter, shall
manager or suffer the penalty of reclusion temporal to reclusion
owner of perpetua. The penalty shall be imposed in its maximum
the period when the victim is under twelve (12) years of age.
establishm
ent where Section 8. Attempt to Commit Child Trafficking. – There
the is an attempt to commit child trafficking under Section 7
prostitution of this Act:1awphi1@alf
takes (a) When a child travels alone to a foreign
place, or of country without valid reason therefor and
the sauna, without clearance issued by the Department of
disco, bar, Social Welfare and Development or written
resort, permit or justification from the child's parents or
place of legal guardian;

ISUE–CAS–InM–065 S.Y. 2015-2016
(c) When a person, agency, establishment or developme

child-caring institution recruits women or nt including
couples to bear children for the purpose of those
child trafficking; or covered by
(d) When a doctor, hospital or clinic official or Article 59 of
employee, nurse, midwife, local civil registrar Presidential
or any other person simulates birth for the Decree No.
purpose of child trafficking; or 603, as
(e) When a person engages in the act of amended,
finding children among low-income families, but not
hospitals, clinics, nurseries, day-care centers, covered by
or other child-during institutions who can be the Revised
offered for the purpose of child trafficking. Penal
A penalty lower two (2) degrees than that prescribed for Code, as
the consummated felony under Section 7 hereof shall be amended,
imposed upon the principals of the attempt to commit shall suffer
child trafficking under this Act. the penalty
of prision
ARTICLE V mayor in its
Obscene Publications and Indecent Shows minimum
period.
Section 9. Obscene Publications and Indecent Shows. – (j) Any person
Any person who shall hire, employ, use, persuade, who shall
induce or coerce a child to perform in obscene keep or
exhibitions and indecent shows, whether live or in video, have in his
or model in obscene publications or pornographic company a
materials or to sell or distribute the said materials shall minor,
suffer the penalty of prision mayor in its medium period. twelve (12)
years or
If the child used as a performer, subject or under or
seller/distributor is below twelve (12) years of age, the who in ten
penalty shall be imposed in its maximum period. (10) years
Any ascendant, guardian, or person entrusted in any or more his
capacity with the care of a child who shall cause and/or junior in
allow such child to be employed or to participate in an any public
obscene play, scene, act, movie or show or in any other or private
acts covered by this section shall suffer the penalty of place,
prision mayor in its medium period. hotel,
motel, beer
ARTICLE VI joint,
Other Acts of Abuse discothequ
e, cabaret,
Section 10. Other Acts of Neglect, Abuse, Cruelty or pension
Exploitation and Other Conditions Prejudicial to the house,
Child's Development. – sauna or
(i) Any person massage
who shall parlor,
commit any beach
other acts and/or
of child other tourist
abuse, resort or
cruelty or similar
exploitation places shall
or to be suffer the
responsible penalty of
for other prision
conditions mayor in its
prejudicial maximum
to the period and
child's a fine of not

ISUE–CAS–InM–065 S.Y. 2015-2016
less than Provided,

Fifty however,
thousand That should
pesos the
(P50,000): perpetrator
Provided, be an
That this ascendant,
provision stepparent
shall not or guardian
apply to of the
any person minor, the
who is penalty to
related be imposed
within the shall be
fourth prision
degree of mayor in its
consanguin maximum
ity or period, a
affinity or fine of not
any bond less than
recognized Fifty
by law, thousand
local pesos
custom and (P50,000),
tradition or and the
acts in the loss of
performanc parental
e of a authority
social, over the
moral or minor.
legal duty. (l) Any
(k) Any person person,
who shall owner,
induce, manager or
deliver or one
offer a entrusted
minor to with the
any one operation of
prohibited any public
by this Act or private
to keep or place of
have in his accommod
company a ation,
minor as whether for
provided in occupancy,
the food, drink
preceding or
paragraph otherwise,
shall suffer including
the penalty residential
of prision places, who
mayor in its allows any
medium person to
period and take along
a fine of not with him to
less than such place
Forty or places
thousand any minor
pesos herein
(P40,000); described

ISUE–CAS–InM–065 S.Y. 2015-2016
shall be
imposed a Section 11. Sanctions of Establishments or Enterprises
penalty of which Promote, Facilitate, or Conduct Activities
prision Constituting Child Prostitution and Other Sexual Abuse,
mayor in its Child Trafficking, Obscene Publications and Indecent
medium Shows, and Other Acts of Abuse. – All establishments
period and and enterprises which promote or facilitate child
a fine of not prostitution and other sexual abuse, child trafficking,
less than obscene publications and indecent shows, and other
Fifty acts of abuse shall be immediately closed and their
thousand authority or license to operate cancelled, without
pesos prejudice to the owner or manager thereof being
(P50,000), prosecuted under this Act and/or the Revised Penal
and the Code, as amended, or special laws. A sign with the
loss of the words "off limits" shall be conspicuously displayed
license to outside the establishments or enterprises by the
operate Department of Social Welfare and Development for such
such a period which shall not be less than one (1) year, as the
place or Department may determine. The unauthorized removal
establishm of such sign shall be punishable by prision correccional.
ent.
(m) Any person An establishment shall be deemed to promote or
who shall facilitate child prostitution and other sexual abuse, child
use, trafficking, obscene publications and indecent shows,
coerce, and other acts of abuse if the acts constituting the same
force or occur in the premises of said establishment under this
intimidate a Act or in violation of the Revised Penal Code, as
street child amended. An enterprise such as a sauna, travel agency,
or any or recruitment agency which: promotes the
other child aforementioned acts as part of a tour for foreign tourists;
to; exhibits children in a lewd or indecent show; provides
(9) Beg or use begging as a means of child masseurs for adults of the same or opposite sex
living; and said services include any lascivious conduct with the
(10) Act as conduit or middlemen in drug customers; or solicits children or activities constituting
trafficking or pushing; or the aforementioned acts shall be deemed to have
(11) Conduct any illegal activities, shall committed the acts penalized herein.
suffer the penalty of prision
correccional in its medium period to ARTICLE VIII
reclusion perpetua. Working Children
For purposes of this Act, the penalty for the commission
of acts punishable under Articles 248, 249, 262, Section 12. Employment of Children. – Children below
paragraph 2, and 263, paragraph 1 of Act No. 3815, as fifteen (15) years of age may be employed except:
amended, the Revised Penal Code, for the crimes of (1) When a child works directly under the sole
murder, homicide, other intentional mutilation, and responsibility of his parents or legal guardian
serious physical injuries, respectively, shall be reclusion and where only members of the employer's
perpetua when the victim is under twelve (12) years of family are employed: Provided, however, That
age. The penalty for the commission of acts punishable his employment neither endangers his life,
under Article 337, 339, 340 and 341 of Act No. 3815, as safety and health and morals, nor impairs his
amended, the Revised Penal Code, for the crimes of normal development: Provided, further, That
qualified seduction, acts of lasciviousness with the the parent or legal guardian shall provide the
consent of the offended party, corruption of minors, and said minor child with the prescribed primary
white slave trade, respectively, shall be one (1) degree and/or secondary education; or
higher than that imposed by law when the victim is under (2) When a child's employment or participation in
twelve (12) years age. public & entertainment or information through
The victim of the acts committed under this section shall cinema, theater, radio or television is essential:
be entrusted to the care of the Department of Social Provided, The employment contract concluded
Welfare and Development. by the child's parent or guardian, with the
express agreement of the child concerned, if
ARTICLE VII possible, and the approval of the Department
Sanctions for Establishments or Enterprises of Labor and Employment: Provided, That the

ISUE–CAS–InM–065 S.Y. 2015-2016
following requirements in all instances are

strictly complied with: Section 16. Penalties. – Any person who shall violate
(e) The employer shall any provision of this Article shall suffer the penalty of a
ensure the fine of not less than One thousand pesos (P1,000) but
protection, health, not more than Ten thousand pesos (P10,000) or
safety and morals imprisonment of not less than three (3) months but not
of the child; more than three (3) years, or both at the discretion of the
(f) the employer shall court; Provided, That, in case of repeated violations of
institute measures the provisions of this Article, the offender's license to
to prevent the operate shall be revoked.
child's exploitation
or discrimination ARTICLE IX
taking into account Children of Indigenous Cultural Communities
the system and
level of Section 17. Survival, Protection and Development. – In
remuneration, and addition to the rights guaranteed to children under this
the duration and Act and other existing laws, children of indigenous
arrangement of cultural communities shall be entitled to protection,
working time; and; survival and development consistent with the customs
(g) The employer shall and traditions of their respective communities.
formulate and
implement, subject Section 18. System of and Access to Education. – The
to the approval and Department of Education, Culture and Sports shall
supervision of develop and institute an alternative system of education
competent for children of indigenous cultural communities which
authorities, a culture-specific and relevant to the needs of and the
continuing program existing situation in their communities. The Department
for training and of Education, Culture and Sports shall also accredit and
skill acquisition of support non-formal but functional indigenous educational
the child. programs conducted by non-government organizations in
said communities.
In the above exceptional cases where any such child
may be employed, the employer shall first secure, before Section 19. Health and Nutrition. – The delivery of basic
engaging such child, a work permit from the Department social services in health and nutrition to children of
of Labor and Employment which shall ensure indigenous cultural communities shall be given priority by
observance of the above requirement. all government agencies concerned. Hospitals and other
health institution shall ensure that children of indigenous
The Department of Labor Employment shall promulgate cultural communities are given equal attention. In the
rules and regulations necessary for the effective provision of health and nutrition services to children of
implementation of this Section. indigenous cultural communities, indigenous health
practices shall be respected and recognized.
Section 13. Non-formal Education for Working
Children. – The Department of Education, Culture and Section 20. Discrimination. – Children of indigenous
Sports shall promulgate a course design under its non- cultural communities shall not be subjected to any and all
formal education program aimed at promoting the forms of discrimination.
intellectual, moral and vocational efficiency of working Any person who discriminate against children of
children who have not undergone or finished elementary indigenous cultural communities shall suffer a penalty of
or secondary education. Such course design shall arresto mayor in its maximum period and a fine of not
integrate the learning process deemed most effective less than Five thousand pesos (P5,000) more than Ten
under given circumstances. thousand pesos (P10,000).
Section 14. Prohibition on the Employment of Children in Section 21. Participation. – Indigenous cultural

Certain Advertisements. – No person shall employ child communities, through their duly-designated or appointed
models in all commercials or advertisements promoting representatives shall be involved in planning, decision-
alcoholic beverages, intoxicating drinks, tobacco and its making implementation, and evaluation of all government
byproducts and violence. programs affecting children of indigenous cultural
communities. Indigenous institution shall also be
Section 15. Duty of Employer. – Every employer shall recognized and respected.
comply with the duties provided for in Articles 108 and
109 of Presidential Decree No. 603.

ISUE–CAS–InM–065 S.Y. 2015-2016
ARTICLE X combatant, courier, guide or spy is entitled to the

Children in Situations of Armed Conflict following rights;
(h) Separate detention
Section 22. Children as Zones of Peace. – Children are from adults except
hereby declared as Zones of Peace. It shall be the where families are
responsibility of the State and all other sectors accommodated as
concerned to resolve armed conflicts in order to promote family units;
the goal of children as zones of peace. To attain this (i) Immediate free
objective, the following policies shall be observed. legal assistance;
(b) Children shall not be the object of attack and (j) Immediate notice
shall be entitled to special respect. They shall of such arrest to
be protected from any form of threat, assault, the parents or
torture or other cruel, inhumane or degrading guardians of the
treatment; child; and
(c) Children shall not be recruited to become (k) Release of the
members of the Armed Forces of the child on
Philippines of its civilian units or other armed recognizance
groups, nor be allowed to take part in the within twenty-four
fighting, or used as guides, couriers, or spies; (24) hours to the
(d) Delivery of basic social services such as custody of the
education, primary health and emergency relief Department of
services shall be kept unhampered; Social Welfare and
(e) The safety and protection of those who provide Development or
services including those involved in fact-finding any responsible
missions from both government and non- member of the
government institutions shall be ensured. They community as
shall not be subjected to undue harassment in determined by the
the performance of their work; court.
(f) Public infrastructure such as schools, hospitals
and rural health units shall not be utilized for If after hearing the evidence in the proper proceedings
military purposes such as command posts, the court should find that the aforesaid child committed
barracks, detachments, and supply depots; the acts charged against him, the court shall determine
and the imposable penalty, including any civil liability
(g) All appropriate steps shall be taken to facilitate chargeable against him. However, instead of
the reunion of families temporarily separated pronouncing judgment of conviction, the court shall
due to armed conflict. suspend all further proceedings and shall commit such
child to the custody or care of the Department of Social
Section 23. Evacuation of Children During Armed Welfare and Development or to any training institution
Conflict. – Children shall be given priority during operated by the Government, or duly-licensed agencies
evacuation as a result of armed conflict. Existing or any other responsible person, until he has had
community organizations shall be tapped to look after the reached eighteen (18) years of age or, for a shorter
safety and well-being of children during evacuation period as the court may deem proper, after considering
operations. Measures shall be taken to ensure that the reports and recommendations of the Department of
children evacuated are accompanied by persons Social Welfare and Development or the agency or
responsible for their safety and well-being. responsible individual under whose care he has been
committed.
Section 24. Family Life and Temporary Shelter. –
Whenever possible, members of the same family shall The aforesaid child shall subject to visitation and
be housed in the same premises and given separate supervision by a representative of the Department of
accommodation from other evacuees and provided with Social Welfare and Development or any duly-licensed
facilities to lead a normal family life. In places of agency or such other officer as the court may designate
temporary shelter, expectant and nursing mothers and subject to such conditions as it may prescribe.
children shall be given additional food in proportion to The aforesaid child whose sentence is suspended can
their physiological needs. Whenever feasible, children appeal from the order of the court in the same manner as
shall be given opportunities for physical exercise, sports appeals in criminal cases.
and outdoor games.
Section 26. Monitoring and Reporting of Children in
Section 25. Rights of Children Arrested for Reasons Situations of Armed Conflict. – The chairman of the
Related to Armed Conflict. – Any child who has been barangay affected by the armed conflict shall submit the
arrested for reasons related to armed conflict, either as names of children residing in said barangay to the

ISUE–CAS–InM–065 S.Y. 2015-2016
municipal social welfare and development officer within (f) The penalty provided under this Act shall be
twenty-four (24) hours from the occurrence of the armed imposed in its maximum period if the offender
conflict. has been previously convicted under this Act;
(g) When the offender is a corporation, partnership
ARTICLE XI or association, the officer or employee thereof
Remedial Procedures who is responsible for the violation of this Act
shall suffer the penalty imposed in its
Section 27. Who May File a Complaint. – Complaints on maximum period;
cases of unlawful acts committed against the children as (h) The penalty provided herein shall be imposed
enumerated herein may be filed by the following: in its maximum period when the perpetrator is
(g) Offended party; an ascendant, parent guardian, stepparent or
(h) Parents or guardians; collateral relative within the second degree of
(i) Ascendant or collateral relative within the third consanguinity or affinity, or a manager or
degree of consanguinity;1awphi1@ITC owner of an establishment which has no
(j) Officer, social worker or representative of a license to operate or its license has expired or
licensed child-caring institution; has been revoked;
(k) Officer or social worker of the Department of (i) When the offender is a foreigner, he shall be
Social Welfare and Development; deported immediately after service of sentence
(l) Barangay chairman; or and forever barred from entry to the country;
(m) At least three (3) concerned responsible (j) The penalty provided for in this Act shall be
citizens where the violation occurred. imposed in its maximum period if the offender
is a public officer or employee: Provided,
Section 28. Protective Custody of the Child. – The however, That if the penalty imposed is
offended party shall be immediately placed under the reclusion perpetua or reclusion temporal, then
protective custody of the Department of Social Welfare the penalty of perpetual or temporary absolute
and Development pursuant to Executive Order No. 56, disqualification shall also be imposed:
series of 1986. In the regular performance of this Provided, finally, That if the penalty imposed is
function, the officer of the Department of Social Welfare prision correccional or arresto mayor, the
and Development shall be free from any administrative, penalty of suspension shall also be imposed;
civil or criminal liability. Custody proceedings shall be in and
accordance with the provisions of Presidential Decree (k) A fine to be determined by the court shall be
No. 603. imposed and administered as a cash fund by
the Department of Social Welfare and
Section 29. Confidentiality. – At the instance of the Development and disbursed for the
offended party, his name may be withheld from the rehabilitation of each child victim, or any
public until the court acquires jurisdiction over the case. immediate member of his family if the latter is
It shall be unlawful for any editor, publisher, and reporter the perpetrator of the offense.
or columnist in case of printed materials, announcer or
producer in case of television and radio broadcasting,
producer and director of the film in case of the movie ARTICLE XIII
industry, to cause undue and sensationalized publicity of Final Provisions
any case of violation of this Act which results in the moral Section 32. Rules and Regulations. – Unless otherwise
degradation and suffering of the offended party. provided in this Act, the Department of Justice, in
coordination with the Department of Social Welfare and
Section 30. Special Court Proceedings. – Cases Development, shall promulgate rules and regulations of
involving violations of this Act shall be heard in the the effective implementation of this Act.
chambers of the judge of the Regional Trial Court duly Such rules and regulations shall take effect upon their
designated as Juvenile and Domestic Court. publication in two (2) national newspapers of general
Any provision of existing law to the contrary circulation.
notwithstanding and with the exception of habeas
corpus, election cases, and cases involving detention Section 33. Appropriations. – The amount necessary to
prisoners and persons covered by Republic Act No. carry out the provisions of this Act is hereby authorized
4908, all courts shall give preference to the hearing or to be appropriated in the General Appropriations Act of
disposition of cases involving violations of this Act. the year following its enactment into law and thereafter.
ARTICLE XII Section 34. Separability Clause. – If any provision of this

Common Penal Provisions Act is declared invalid or unconstitutional, the remaining
Section 31. Common Penal Provisions. – provisions not affected thereby shall continue in full force
and effect.

ISUE–CAS–InM–065 S.Y. 2015-2016
Section 35. Repealing Clause. – All laws, decrees, or

rules inconsistent with the provisions of this Acts are
hereby repealed or modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect

upon completion of its publication in at least two (2)
national newspapers of general circulation.
Approved: June 17, 1992
References:
1. Juvenile Delinquency,
Marcelino M.
Villanueva,Phillipine College of
Criminology
2. Juvenile Delinquency and
Crime Prevention, Dean
Ricardo M. Guevara and dean
Felipe S. Bautista
3. R.A 9344 – Juvenile
Justice Welfare Act of 2006
4. R.A 7610 – Special
Protection of Children from
Abuse, Exploitation and
Discrimination
5. R.A 9262 – Anti-violence
Against Women and Their
Children
Prepared by:
Reginald C.
Sibug
INSTRUCTOR

ISUE–CAS–InM–065 S.Y. 2015-2016

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ISABELA STATE UNIVERSITY ECHAGUE

Chapter’s Contents: B. DEFINITION OF TERMS

a. Children aging below 7 years committed primarily by children, minors,

2 Juvenile Delinquency Instructional Material Criminal Justice Education

were presumed incapable of forming criminal intent and

6. R.A. No. 7438 – And Act Defining Certain

4. R.A. No. 7797 – An Act to Lengthen the School

5. R.A. 7798 – An Act Amending Section 25 of

6. R.A. No. 7880 – Fair and Equitable Access to

7. E.O. No. 340 – Directing National Government

8. R.A. No. 7277 – Magna Carta for Disabled

C. Laws for the Protection of Children:

2. E.O. No. 275 – Creating a Committee for the

3. R.A. No. 6972 – Barangay Level Development

6 Juvenile Delinquency Instructional Material Criminal Justice Education

It was advocated by Ernest Hooton, a Harvard

1.4. FRUSTRATION-AGGRESSION THEORY - People B. ANOMIE THEORY - Advocated by Emile Durkheim,

9 Juvenile Delinquency Instructional Material Criminal Justice Education

10 Juvenile Delinquency Instructional Material Criminal Justice Education

P. STRUCTURAL FUNCTIONALISM THEORY -

Q. RATIONAL CHOICE THEORY - They argue in

R. ROUTINE ACTIVITIES THEORY – developed by

NOTA BENE: Sub-Culture – A group of people

1. EMERGENCE. The child begins w/petty school by any juvenile subjected to

CATEGORIES OF JUVENILE OFFENDERS

1. Predisposing Factors – internal b. Voluntary commitment through the

delinquency is committed in groups, it is

4. Social isolation – The individual learns not

O. DRUG, YOUTH AND DELINQUENCY

D. OTHER CAUSES OF ADOLESCENT DRUG

16 Juvenile Delinquency Instructional Material Criminal Justice Education

b. Despair – after a few days, child

Chapter’s Specific Objectives 6. Broken Family - Broken home is in which

 Children – actors 3. The fathers of the children of single-

20 Juvenile Delinquency Instructional Material Criminal Justice Education

social gathering for parents and children and also

B. WHY STUDENTS DROPPED OUT?

III. POLICE AND DELINQUECY - The police

A. OFFENSES USUALLY COMMITTED BY

nationalism, and encourage their involvement

(g) "Court" refers to a family court or, in places

28 Juvenile Delinquency Instructional Material Criminal Justice Education

What is automatic suspension of sentence as provided

Automatic Suspension of Sentence – Once the child who

Upon suspension of sentence and after considering the

Note: The suspension of sentence under sec.38

Discharge of the Child in Conflict with the Law. - Upon

Q: What are the exempting provisions under this act?

LESSON 3 (b) To advise the President on all matters and

30 Juvenile Delinquency Instructional Material Criminal Justice Education Department

31 Juvenile Delinquency Instructional Material Criminal Justice Education Department

G. THE SANGGUNIANGKABATAAN LESSON 5

32 Juvenile Delinquency Instructional Material Criminal Justice Education Department

33 Juvenile Delinquency Instructional Material Criminal Justice Education Department

34 Juvenile Delinquency Instructional Material Criminal Justice Education Department

- Washington, D.C. - 16-26 years community service resource for

35 Juvenile Delinquency Instructional Material Criminal Justice Education Department

the juvenile court, parents or children

36 Juvenile Delinquency Instructional Material Criminal Justice Education Department