1

DELINQUENCY AND JUVENILE JUVENILE JUSTICE SYSTEM

Historical Background of JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM

● Code of Hammurabi – the first comprehensive description of a system used by society to

regulate behavior and at the same time punish those who disobeyed the rules. It is the
origin of the legal principle of “lex talionis”, that is, an eye for an eye.

● 1641 Stubborn Child Law – it was passed by the General Court of Massachusetts which
stated that children who disobeyed their parents could be put to death. 

● Children Only law – due to increasing demand on the state to take responsibility for
improving the lives of children and eventually new regulations, such as, child labor laws
were enacted. 

● 1916 Keating-Owen Act – passed by the United States Congress and become the first
piece of child labor in America. After 2 years it was revised through the case of Hammer V.
Dagenhart, it did lay the groundwork for the passage in 1938 of the Fair Labor Standards
Act. 

● Child-saving Movement – concerned citizens eventually formed a social activist group

called Child Savers, who believed that: children were born good and became bad”. 

● Parens Patria – during the heights of child savers this doctrine was created. It is the right
and responsibility of the government to take care of minors and others who cannot legally
take care of themselves. 

● 1818 – a committee reports listed “juvenile delinquency” as a major cause of pauperism,

the first public recognition of the term juvenile delinquency. 

● 1899 – the Illinois legislature passed a law creating a juvenile court that became the
cornerstone for juvenile justice throughout the United States. The vision of the child savers
and the founders of the juvenile court was the rehabilitative ideal of reforming children
instead of punishing them. 

● Medical Model – established by the Illinois Court Act, viewing crimes as a disease that
could be treated and cured by social intervention. 

HOUSE OF CORRECTIONS FOR JUVENILE DELINQUENT

1. Bridewells – it was the first house of corrections in England. They confined both children
and adults considered to be idle and disorderly. 
 2

2. Hospice of San Michele (Saint Michael) – this was established in 1704. John Howard, a
former, brought to England from Rome a model of the first institution for treating juvenile
offenders. He was often thought of as the father of prison reform.

3. House of Refuge - it was situated in New York in 1825. It was opened to house juvenile
delinquents, who were defined in its charter as “youths convicted of criminal offenses or found
in vagrancy”. 

SIGNIFICANT CASES CONCERNING JUVENILE DELINQUENCY

● In re: Winship- It established proof beyond reasonable doubt as the standard for juvenile
adjudication proceedings, eliminating lesser standards such as a preponderance of the
evidence, clear and convincing proof and reasonable proof. 

● Breed vs. Jones- It recognized that a juvenile cannot not be adjudicated in a juvenile court
and then tried for the same offense in an adult criminal court (double jeopardy)

● Kent vs. United States- It provided the procedural requirements for waiver to criminal
court as articulated by the U.S. Supreme Court.

● In re Gault (1967)- The court held that the juvenile courts must provide the basic
procedural protection that the Bill of Rights guarantee to adults, including timely advance
notice of the charges, the right to counsel, confrontation and cross examination, self-
incrimination, and the right to remain silent.

● America Bar Association (1977)- It endorsed decriminalization of status offenses, urging

that juvenile delinquency liability should include only such conduct as would be designated
a crime if committed by an adult.

● Schall vs. Martin (1984)- The Supreme Court upheld the state’s right to place juveniles in
preventive detention. Preventive detention was perceived as fulfilling a legitimate state
interest of protecting society and juveniles by detaining those who might be dangerous to
society or to themselves. 

BASIC CONCEPTS AND DEFINITION

● Juvenile- It is a person who has not reached adulthood or the age of majority. By this
definition, it can be assumed that the term covers a child, an adolescent, a minor, a youth,
or a youngster below 18 years old. 

● Delinquent- A person, of whatever age, whose attitude toward other individuals, towards
the community, toward lawful authority is such that it may lead him into breaking the law. 

● Juvenile Delinquency- Refers to criminal acts performed by juveniles. 

 3

● Deviant Behavior- Refers to a behavior that does not conform to norms. 

● Juvenile Crime-In law, denotes various offenses committed by children or youths under
the age of 18.

● Status Offenses- Acts that only juveniles can commit and that can be adjudicated only by
a juvenile court.

STAGES OF DELINQUENCY

1. Emergence.  The child begins with petty larceny between 8 and sometime during the 12 th

year. 
2. Exploration. He or she then may move on to shoplifting and vandalism between ages 12
to 14.
3. Explosion. at age 13, there is a substantial increase in variety and seriousness.
4. Conflagration. at around 15, four or more types of crime are added. 

CLASSIFICATION OF DELINQUENCY

1. Unsocialized Aggression – children who are rejected or abandoned, no parents to imitate

and become aggressive.

2. Socialized Delinquency – membership is fraternities or groups that advocate bad things

3. Over-inhibited – group who secretly trained children to do illegal activities such as planting
marijuana or industries making illegal weapons and guns.

PATHWAY TO DELINQUENCY

1. Authority-conflict pathway – children at young or early age begin to show stubborn

behavior. This leads to defiance and later on may result in avoidance to authority. Dili
sugtan sa ginikanan.

2. Covert Pathway – it begins with minor, deceitful behavior that leads to property damage.
This will escalate to more serious forms of criminality such as violence. Parents who
tolerate the child.

3. Overt Pathway – it will start with minor aggression, physical fighting and then to
violence. Ex. Bullying

TYPES OF DELINQUENT YOUTH

1. Socialized Delinquent – youths who became delinquent as a result of their social

association with people from whom they learned deviant values. 

2. Neurotic Delinquents - youths who became delinquents as a result of distortions in their

personality and perception of the world around them. Mild but something distort
 4

3. Psychotic Delinquents – youths with severe personality disturbance of their perception of

the society and people around them. Their distorted view of reality and their delusional
thoughts may compel them to commit weird acts that violate the law. Ex bipolar

4. Sociopathic Delinquents – youths that are characterized by an egocentric personality.

They have limited or no compassion for others. 

No remorse - no conscience

OTHER CLASSIFICATION OF DELINQUENTS

1. Environmental delinquents – they are occasional law breakers.

2. Emotionally maladjusted delinquents – they are chronic lawbreakers who make law
breaking a habit they cannot avoid or escape. 

3. Psychiatric delinquents – they are youths who became delinquents due to mental
illness or serious emotional disturbances in the family. 

4. Occasional delinquents – these delinquents participate in the group. They do what others
are doing.

5. Maladjusted delinquents – the activity stems from personality disturbance rather than
gang activities or slum residence. They have “weak ego” the “asocial” experienced early
and severe parental rejection. Ex. Introvert

6. Gang delinquents – they generally commit the most serious infractions, most often sent to
a correctional institution and most often continuous in a pattern of semi-professional
criminal behavior as adults. 

Gang- is frequently associated with groups in socially disorganized and deteriorated inner-city
neighborhoods. It is applied to youths who are engaged in a variety of delinquencies ranging from
truancy, street brawls, and beer running to race riots, robberies, and other serious crimes.

Characteristics of Gang:

1. Organization – this states that a gang or gang members has collective goals. 

2. Leadership – they have leaders that may decide matters related to the organization.

3. Turf or Territory – it involves identification and control. Identify places like parks, housing
projects, or schools to impose their illegal acts. 

4. Cohesiveness – it refers to a gang's very close, tight-knit organization with loyal members
bound to one another by mutual friendship and common interests.
 5

THEORIES OF CRIME AND DELINQUENCY

● Supernatural Theory- blames delinquency on demonic possession. 

● Classical School Theory- proposed by Cesare Beccaria and Jeremy Bentham. The view
focuses on the utilitarian view that people weigh the benefits and costs of future action
before they decide to act.

● Neoclassical School Theory- The theory also states that people are not the same.
Children, insane, and the incompetent are not responsible for their behaviour as adults,
the sane and the competent.

● Mitigating circumstances – such as age or mental condition, sometimes influence the

choices that are made and affect a person’s ability to form criminal intent or means rea
(guilty mind). This is why children under age of seven cannot legally commit crime-they
are presumed to be not capable of having guilty mind. ex. Old age

I. MODERN CLASSICAL SCHOOL THEORY

● Rational Choice Theory – it claimed that delinquents are rational people who make
calculated choices regarding what they are going to do before they act. 

● Routine Activity Theory – it is focused on the crime target or anything an offender wants
to take control of, whether it is house to break into or a bottle of beer to shoplift. Before the
crime will occur, three elements must come together: motivated offenders, suitable targets,
and absence of people to deter the would-be offender.

II. BIOLOGICAL AND PSYCHOLOGICAL THEORIES

● Charles Darwin was largely responsible for the shift in thinking about a crime from a focus
on the act to the actor. In his work, On the Origin of Species, he argued that God had not
created all the species of animals and that people had evolved from lower forms of life over
millions of years. 

● Scientific Study of Crime (Positive School of Criminology)- believed that crime was
caused by factors that are in place before the crime occurs. Free will had nothing to
do with what people did. 

● Biological Theories- These theories locate the causes of crime inside the person. 

PHYSICAL APPEARANCE AND CRIME

● Criminal Anthropometry – Cesare Lombroso was the first to connect crime to human
evolution. Criminals were atavistic or throwbacks to an earlier, more primitive stages
of human development. Because criminals were not highly evolved, they possessed
 6

stigma or distinctive physical features such as asymmetrical face, an enormous jaw, large
or protruding ears, and receding chin. 

● Physiognomy – it was founded by J. Baptiste Della Porte. It was popularized by Johann

Kaspar Lavater who link facial figures and crime. 

● Phrenology – from the Greek word: “mind”; and logos, “knowledge” and this theory
claims to be able to determine character, personality traits and criminality on the basis of
the shape of the head. Franz Joseph Gall developed his work on craniology; in which
he alleged that crime was one behaviours organically controlled by a specific area of the
brain. 

Body Type and Crime- William Sheldon suggested that there was a relationship between body
build and temperament which was known as Somatotype theory. Human body consisted of three
components:

● Endomorph – soft temperament, has the tendency toward plumpness, corresponds to

viscerotonia temperament tolerant, love of comfort and luxury, extravert. 

● Mesomorph – square masculinity and skeletal massiveness. Has the tendency towards
masculinity, and corresponds to the Somatotonia temperament courageous, energetic,
active, dynamic, assertive, and aggressive and risk taker.  Rape homicide.

● Ectomorph – linearity and frailty. The tendency towards slightness, corresponds to

cerebrotonia temperament artistic, sensitive, apprehensive, introvert. Robbery theft

HEREDITY AND CRIME

● IQ and Delinquency – examine the relationship between heredity and crime centered on
intelligence. Suggested that every person had a mental age that could be presented by an IQ
score. 

● Historical Studies – Henry Goddard (Kallikkak Family) administered intelligence test to

prison and jail inmates and discovered that 70% were “feebleminded”. 

III. PSYCHOLOGICAL THEORIES

● Psychoanalytical Theory- The theory believed that people develop in a series of stages.
When abnormalities occur, the person is more likely to experience conflict. The theory can be
traced to Sigmund Freud who believed that personality consist of three parts: ID, EGO &
SUPEREGO. 

IV. BEHAVIORAL THEORY AND DELINQUENCY

 7

● B.F.Skinner – is the most famous behaviorist who believe that environment shapes behavior.
Skinner thought children learn which aspects of their environment are pleasing and which
ones are painful.

● Albert Bandura – expanded Skinner’s idea and developed the theory of aggression where
he said children learn by modelling and imitating others. Children learn to be aggressive
from their experiences.

V. SOCIAL CLASS THEORIES

● Culture Deviance Theory- believes that children do not really commit delinquent acts. Their
behavior may be considered deviant by the larger society but it is compatible or acceptable in
the neighborhood that they live in.

●  Clifford Shaw and Henry McKay blames delinquency on the neighborhood where a child
lives. They hypothesized that delinquency rates would decline or decrease the farther one
moved from the center of the city, called zonal hypothesis. Those who are on the center of the
zone tends to be more prone to delinquency.  

● Differential Association theory or Social Learning Theory-

Edwin Sutherland has proposed this study where he described the process children go through to
become delinquent. His theory states that crime is learned behavior. People learn criminal behavior
through the groups with which they associate.

VI. Strain Theories- assume that children are basically good. Only under pressure (strain) do they
deviate. Pressure for deviance comes from their having internalized society’s goals, such as being
successful and wanting to achieve them. 

● Robert Merton Strain Theory- According to him, although most people share common values
and goals, the means for legitimate economic and social success are satisfied by socio-
economic class. Consequently, these youths may either use deviant methods to achieve their
goals or reject socially accepted goals or substitute deviant ones. Merton’s suggests five
adaptations to this dilemma:

*Innovation – individuals who accept socially approved goals, but not necessarily the
socially approved means.

*Retreatism – those who reject socially approved goals and the means for acquiring them.

*Ritualism – those who buy into a system of socially approved means, but lose sight of the
goals. 

*Conformity – those who conform to the system’s means and goals.  

*Rebellion – people who negate socially approved goals and means by creating a new system
of acceptable goals and means. 
 8

● Albert Cohen Strain Theory- He began by identifying characteristics of delinquents. They are
malicious, negativistic, non-utilitarian, versatile, loyal, and cannot deter gratification. 

● Differential Opportunity Theory- according to Richard Cloward and Lloyd Ohlin, flourish in
the lower-classes and take particular forms so that the means for illegitimate success are no
more equally distributed than the means for legitimate success are no more equally distributed
than the means for legitimate success.

● Robert Agnew Strain Theory- Agnew added a twist to the work of Merton, Cohen, and
Cloward and Ohlin in his General Strain Theory that increased the number of conditions and
produced frustration for children. Agnew’s Types of Strain: failure to achieve positively
valued goals, denial of previously attained achievements, and exposure to negative
stimuli. 

VII. Social Control Theory

● David Matza Social Control Theory- he believes that delinquents are normal except in
belonging to a subculture that teaches them it is all right to be delinquent. 

● Travish Hirschi Social Control Theory- This theory states that members in society form
bonds with other members in society or institution such as parents, pro-social friends,
churches, schools, teachers, and sports team. 

VIII. Labelling and Conflict theory

● Frank Tannenbaum Labeling Theory- sees delinquents as well-adjusted people. Delinquent

behaviour is behaviour so labelled by adults in a community. Once children are labelled
delinquent, they become delinquent. 

● Edwin Lemert- he said that not all labelled delinquents eventually become delinquents; how
open they are to such label depends on their social class. If the youth belongs to a poor family,
he or she is more likely to accept the assigned delinquent role. 

● Howard Becker- believed that acquiring a label depends on how other people react to the
behavior itself. 

● Conflict theory- Views conflict within the society as normal and rejects the idea that society is
organized around a consensus of values and norms. It also believes that in its normal state,
society is held together by force, coercion, and intimidation. Conflict theory of the Marxist
mode suggest that capitalism is the essential root of crime and that repressive efforts by ruling
class to control the ruled class produce delinquency. 

FEMALE DELINQUENCY THEORIES

1. Biological and Psychological Theories

 9

1.1 Lombroso and Ferrero’s Atavistic Girl- Cesare Lombroso and William Ferrero-
The female just like the atavistic nature of male criminals are also seen as biologically inferior
and distinct to non-criminal women.  According to them women are naturally more childlike,
less intelligent, lacking in passion, more maternal, and weak-characteristics that make them
less inclined to commit crimes. 

1.2 Freud’s “Inferior Girl”- Sigmund saw female delinquency arising primarily out of
the anatomical inferiority of women and their inability to deal adequately with Electra complex.
Which emerges during the oedipal stage of development. 

1.3 Thomas’ “Unadjusted Girl”- W.I. Thomas postulated that males and female are
biologically different. Although both males and females are motivated by natural biological
instincts leading to wish fulfilment”, how they approach the fulfilment of wishes differs. Thomas
identified four (4) distinct categories of wishes: the desire for new experience; the desire for
security and moral codes designed to guide people’s actions as they attempt to fulfil their
wishes.

1.4 Pollak’s “Deceitful Girls”- Otto Pollak argued that women are actually as criminal
as men but their criminality is hidden or “masked”. 

2. Marxist-Feminist Theories- combine the notions of patriarchal male dominance in the

home and interpersonal relationships with male control of the means of production. In such an
environment, the criminal justice system “defines crimes as those actions that threaten this
capitalist-patriarchal system”. 

3. Differential Oppression Theory- argues that adults oppress children as they attempt to
impose and maintain adult conceptions of social order. Children are perceived as objects,
devalued and defined as inferior to adults, and consequently experience a sense of
powerlessness and marginality. 

MARRIAGE- A social union or legal contract between individuals that creates kinship.
Such union may also be called matrimony, while the ceremony that marks its beginning is
usually called a wedding and the marital structure created is known as wedlock.

ETYMOLOGY OF MARRIAGE

Modern English word “marriage” derives from Middle English mariage, which first
appear in 1250-1300 C.E. This in turn is derived from Old French marier (to marry) and
ultimately Latin maritare (to marry) and maritus (of marriage)

-Marriage License- It is a document issued, either by a church or state authority,

authorizing a couple to marry. 

-Common-law Marriage- It is sometimes called de facto marriage, informal marriage

or marriage by habit and repute, is a form of interpersonal status which is legally recognized
 10

in some jurisdictions as a marriage even though no legally recognized marriage ceremony is

performed or civil marriage contract is entered into or the marriage is registered in the civil
registry. 

-Same-sex Marriage- It is a term used to describe a legally or socially recognized

marriage between two persons of the same biological sex or social gender. Other terms used
to describe this type of recognition include gay marriage or gender-neutral marriage. 

FORMS OF MARRIAGE 

● Monogamy- This refers to the marriage on one male and one female

● Polygamy- This refers to the marriage between one person of one sex and a minimum of two
persons of the other sex. 

Types of Polygamy

● Polyandry - refers to marriage of one woman to two or more men.

● Polygyny- refers to the marriage of one man to two or more women 

KINDS OF MARRIAGE 

● ADOPTIVE MARRIAGE- If the family does not have a son to preserve their surname;
the prospective son-in-law adopts the family name of the bride’s parents before
marriage. 

● SORORATE MARRIAGE- It is sometimes called sister –in-law marriage. It is called as

such because a man remarries his deceased wife’s sister. 

● LEVIRATE MARIAGE- Reverse of sororate marriage. This is a marriage where a

women marries the deceased husband’s brother. 

● GHOST MARRIAGE- This is similar to levirate marriage. Under this form of marriage,
the children of the woman who married the deceased husband’s brother are considered
“sired” by the dead husband. 

● ENDOGAMY MARRIAGE- This refers to the norms which indicate that an individual
should marry from a member of one’s clan or ethnic group. 

● EXOGAMY- This marriage prescribes that one marries outside of one’s clan or ethnic
group. 
 11

Residence after Marriage

1. Neolocal Residence – means that the newly married couple lives in their own residence. 

2. Patrilocal Residence – means that the newlywed couple moves in with the husband’s
parents. Virolocal residence is another term used for this type of residence. 

3. Matrilocal Residence – this means that the newly married couple moves in with the wife’s
parents. Uxorilocal residence is the other term used for this type of residence. 

4. Bilocal Residence – means the newlywed couple shifts residence from matrilocal to patrilocal
residence. 

Marriage under Philippine Law 

● Executive Order No. 209 (the Family Code of the Philippines, as amended by Executive Order
no. 227)

Marriage (Article 1. FC) 

● Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. 

Two essential requisites of valid marriage (Art. 2, FC) 

● A legal capacity of the contracting parties who must be a male and a female; and

● Consent freely given in the presence of the solemnizing officer.

A marriage ceremony which takes place with:

● Appearance of the contracting parties before the solemnizing officer;

● Their personal declaration that they take each other as husband and wife; and

● In the presence of not less than two witnesses of legal age. 

Parental Consent- is required if either or both of the contracting parties are between the ages of 18
and 21.

Parental Advise-   is required if either or both of the contracting parties is/are between the age of 21
and 25.
 12

What happens if parental consent is required, but not secured or given?- The marriage is
voidable, subject to the filling of a petition for annulment. In other words, the marriage is valid until
annulled. 

Who are allowed to Solemnize Marriage? 

1. The Chief of Justice and Associate Justice of the Supreme Court;

2. The presiding judge and justices of the Court of Appeals; 

3. Judges of the Courts of First Instance

4. Mayors of cities and municipalities

5. Municipal Judges and justices of the peace

6. Any priest, rabbi’s, imams, or ministers of the gospel of any denomination, church, religion or
sect, duly registered.  

7. Any ship captain or aircraft chief- A ship captain, airplane pilot or military commander of a unit
may solemnize a marriage the following requisites concur:

a. the marriage must be in articulo mortis; and

b. it must be solemnized while the ship is at sea or the plane is in flight or during stopovers at
ports of call. 

0. Any military commander of the unit to which a chaplain is assigned;

0. Any consul-general, consul or vice consul in the case provided in Article 10 of Family Code. 

Who confers Marriage License?- It shall be issued by the local civil registrar of the city or
municipality where either contracting party habitually resides, except in marriages where no license is
required.

Void and Voidable Marriage 

1. Those contracted by any party below 18 years of age even with the consent of parents or
guardian;

2. Those solemnized by any person not legally authorized to perform marriages unless such
marriages contracted with either or both parties believing in good faith that the solemnizing
officer had legal authority to do so;

3. Those solemnized without license,

4. Those bigamous or polygamous marriages

5. Those contracted through mistake of one contracting party as to the identity of the other;

6. Those marriages contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage
 13

7. Incestuous marriages, whether the relationship between the parties be legitimate or illegitimate

Annulment- It is a legal procedure for declaring a marriage null or void. It has a retroactive effect: a
nulled marriage is considered to have not existed. 

Six (6) Grounds of Annulment of Marriage

1. That the party in whose behalf it is sought to have the marriage annulled was eighteen years of
age or over but below twenty-one, and the marriage was solemnized without the consent of the
parents, guardian or person having substitute parental authority over the party, in that order, unless
after attaining the age of twenty-one, such party freely cohabited with the other and both lived
together as husband and wife; 

2. That either party was of unsound mind, unless such party after coming to reason, freely cohabited
with other as husband or wife;

3. That the consent of either party was obtained by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

4. That the consent of either party was obtained by force, intimidation or undue influence, unless the
same having disappeared or ceased, such party thereafter freely cohabited with the other as husband
and wife;

5. That either party was physically incapable of consummating the marriage with the other, and such
incapacity continues and appears to be incurable; and

5. That either party was afflicted with a sexually-transmissible disease found to be serious and
appears to be incurable.  

How will the conjugal dwelling and the lot on which it is situated be adjudicated in case the
final judgment of annulment or declaration of nullity of marriage provide for the partition of
the properties of spouses?- In partition of properties of the spouses, the conjugal dwelling and the
lot on which it is situated shall be:

0. Adjudicated to the spouse with whom the majority of the common children should choose to
remain;

a. Children below 7 years are deemed to have chosen the mother, unless the court decides
otherwise;

b. In case there is no majority of the common child, the court shall decide, taking into account the
best interest of the children
 14

Legal Separation- (sometimes judicial separation, separate maintenance, divorce a mensa et thoro
or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto
separation whilst remaining legally married. 

Who and when may a petition for legal separation be filed?- A petition for legal separation may
be filed only by the husband and wife, as the case may be, within five (5) years from the time of the
occurrence of any of the grounds for legal separation. 

Ten Grounds for Legal Separation

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner;

2. Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation;

3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement;

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if
pardoned;

5. Drug addiction or habitual alcoholism of the respondent;

6. Lesbianism or homosexuality of the respondent;

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or

abroad;

8. Sexual infidelity or perversion;

9. Attempt by the respondent against the life of the petitioner; or

10. Abandonment of petitioner by respondent without justifiable cause for more than one year. 

The decree of legal separation shall have the following effects:

1. The spouses shall be entitled to live separately from each other, but the marriage bonds shall not
be severed;

2. The absolute community or the conjugal partnership shall be dissolved and liquidated but the
offending spouse shall have no right to any share of the net profits earned by the absolute community
or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43 of
the Family Code
 15

3. The custody of the minor children shall be awarded to the innocent spouse, subject to the
provisions of FC.

4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent
spouse shall be revoked by operation of law

Divorce or dissolution of marriage- is the final termination of a marriage, cancelling the legal duties
and responsibilities of marriage and dissolving the bonds of matrimony between two persons. In most
countries, divorce requires the sanction of a judge or other authority in a legal process. 

Family is the first and most important social unit to affect children; it is the first social world the child
encounters. It is also a basic social institution which public policy cherishes and protects. 

Family Structures

1. Nuclear Family – this refers to a family consisting a father, mother and children.

2. Extended Family – this refers to a family consisting of a several generations of blood relatives.
This consists of two nuclear families. 

3. Joint Family – this refers to married children with their spouses and children living in one
residence.  

4. Household – consist of individuals that may or may not be related to each other. They are having
the same residence and share in domestic functions.   

5. Truncated Family – this refers to grandparents and grandchildren relationships. 

6. Stem Family – this refers to a family formed by two families-the families do not share the same
residence but their houses may be located in the same area.  

Models of Family

1. The Corporate Model- The father is the chief executive officer in the family. The mother is the
operating officer, implements the father’s policy and manages the staff (children) that in turn have
privileges and responsibilities based on their seniority.  

2. The Team Model- The father is the head and the mother is the chief of the training table and cheer
leader. The children, suffering frequent performance anxiety, play the rules and stay in shape with
conformity calisthenics. In this family, competition is the name of the game, winning is everything.
 16

3. The Boarding School Model- The father is the rector or head master, is in charge of the training
school, mind and bodies. The mother is the dorm counselor who oversees the realm emotion, illness,
good works and bedwetting. The children are the dutiful students. The parents have nothing to left to
learn, there’s but taught and test. 

4. The Theatrical Model- the father is the producer. The mother is the stage manager, doubles in the
part of the mother and children, the stagehands, also acts the role of the girls and boys. No writer is
necessary because the lines are scripted, the roles are sex stereotypes, and the plot is predictable. 

Agents of Socialization

1. Family – the most important agent in socialization. It plays an important role and has a special
responsibility. It is usually the most influential group in the life of the child. 

2. School – is a formal agent of socialization. Children weaned from home are then introduced into
the society. It is in the school where emotional and intellectual growths are formally forged. 

3. Peers – it is an informal grouping of two or more individuals, about the same ages, neighborhoods,
school or friends. This is the group where the parents have no control. 

4. Mass media – it may be a form of print, broadcast, or electronic. 

5. Religion – is an agent of socialization that can assist in giving a society a sense of direction.
Morals and values which are inherent in religion can give guidance about what is appropriate in terms
of roles and behaviors of the society or individual. 

PARENTING STYLE

1. AUTHORITATIVE PARENTS – They are warm but firm. They set standards for the child’s conduct
but form expectations consistent with the child’s developing needs and capabilities. 

2. AUTHORITARIAN PARENTS – They place a high value of obedience and conformity tending to
favor more punitive, absolute and forceful disciplinary measures. These parents are not responsive to
their children and show little warmth and support. 

3. INDULGENT PARENTS – They behave in responsive accepting, benign or kind, and more passive
ways in matters of discipline. 

4. INDIFFERENT PARENTS – They are fairly unresponsive to their child and try to minimize the time
and energy they must devote to interacting with the child or responding to their child’s demands. 

Different Kinds of Children under the Family Code

● Legitimate Children- Children conceived or born during the marriage of the parents are
legitimate. 
 17

Adopted example

● Illegitimate Children- Children conceived and born outside a valid marriage are illegitimate,
unless otherwise provided by Family Code (Art. 165, FC).

● Legitimated Children- Only children conceived and born outside of wedlock of parents who,
at the time of the conception of the former, were not disqualified by any impediment to marry
each other may be legitimated.

● Adopted Children- may be defined as the juridical act which creates between 2 (two) persons
a relationship similar to that which results from legitimate paternity and filiation (Arts. 183-193,
FC).

Who may adopt?

● A person of age and in possession of full civil capacity and legal rights may adopt, provided he
is in a position to support and care for his children, legitimate or illegitimate, in keeping with the
means of the family.

● The guardian with respect to the ward prior to the approval of the final accounts rendered upon
the termination of their guardianship relation;

● Any person who has not been convicted of a crime involving moral turpitude;

● An alien provided:

*A former Filipino citizen who seeks to adopt a relative by consanguinity;

*One who seeks to adopt the legitimate child of his or her Filipino spouse; or

*One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a
relative by consanguinity of the latter.

*Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with
the rules on inter-country adoptions as may be provided by law (28a E.O. 91 and PD 603).

Support- comprises everything indispensable for sustenance, dwelling, clothing, medical

attendance, education and transportation, in keeping with the financial capacity of the family (Art.
194, FC).

Subject to the provisions of the succeeding articles, the following are obliged to support each
other to the whole extent set forth in the preceding article:
 18

● The spouses;

● Legitimate ascendants and descendants;

● Parents and their legitimate children and the legitimate and illegitimate children of the latter;

● Parents and their illegitimate children and the legitimate and Illegitimate children of the latter;
and legitimate brothers and sisters, whether of full or half-blood (Art. 105, FC).

Parental Authority refers to parents’ rights and responsibilities toward their children from the minute
they are born until they turn 18. Under their parental authority, parents make decisions that affect
their children’s well-being. This is also known as Patria Potestas.

Substitute and Special Parental Authority- In default of parents or judicial appointed guardian, the
following shall exercise substitute parental authority over the child in the order indicated:

● The surviving grandparent;

● The oldest brother or sister, over 21 years of age, unless unfit or disqualified;

● The child’s actual custodian, over 21 years of age, unless unfit or disqualified;

Suspension or Termination of Parental Authority

The court in action filed for the purpose in a related case may also suspend parental authority if the
parent or the person exercising the same:

● Treats the child with excessive harshness or cruelty;

● Gives the child corrupting orders;

● Compels the child to beg; or

● Subjects the child or allows him to be subjected to acts of lasciviousness

Emancipation – emancipation is the release of a person from parental authority whereby he

becomes capacitated for civil life.
 19

CHILD AND YOUTH WELFARE AND THE COMMUNITY

“Community” shall mean, the local government, together with the society of individuals or institutions,
both public and private, in which a child lives (Art. 84)

COMMUNITY BODIES DEALING WITH CHILD WELFARE

A. Barangay Councils- shall have the authority to enact ordinances and resolutions not inconsistent
with law or municipal ordinances, as may be necessary to provide for the proper development and
welfare of the children in the community, in consultation with representatives of national agencies
concerned with child and youth welfare. (Art. 86)  

B. Civic Association of Adults- A “civic association” shall refer to any club, organization or
association of individuals twenty-one years of age or over, which is directly or indirectly involved in
carrying out child welfare programs and activities. (Art. 91)

C. Youth Associations and Student Organizations- A “youth association” shall refer to any club,
organization or association of individuals below twenty-one years of age which is directly or indirectly
involved in carrying out child or youth welfare programs and activities. (Art. 99)

CLASSIFICATION OF CHILD AND YOUTH WELFARE AGENCIES

● Child-caring institution – one that provides twenty-four-hour resident group care service for
the physical, mental, social and spiritual well-being of nine or more mentally gifted, dependent,
abandoned, neglected, handicapped or disturbed children, or youthful offenders.

● Educational institution – one whose primary purpose is education; it is deemed to be a child-

caring institution when nine or more of its pupils or wards in the ordinary course of events do
not return annually to the homes of their parents or guardians for at least two months of
summer vacation

● Detention home – a twenty-four-hour child-caring institution providing short term resident care
for youthful offenders who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction.

● Shelter-care institution – one that provides temporary protection and care to children
requiring emergency reception as a result of fortuitous events, abandonment by parents,
dangerous conditions of neglect of cruelty in the home, being without adult care because of
crisis in the family, or a court order holding them as material witnesses.

● Receiving home – a family type home which provides temporary shelter from ten to twenty
days for children who shall during this period be under observation and study for eventual
placement by the Department of Social Welfare.
 20

● Nursery – a child-caring institution that provides care for six or more children below six years
of age for all or part of a twenty-four-hour day, except those duly licensed to offer primarily
medical and educational services.

● Maternity home – an institution or place of residence whose primary function is to give shelter
and care to pregnant women and their infants before, during and after delivery.

● Rehabilitation center – an institution that receives and rehabilitates youthful offenders or

other disturbed children.

● Reception and study center – an institution or person assuming the care, custody, protection
and maintenance of children for placement in any child-caring institution or home or under the
care and custody of any person or persons for purposes of adoption, guardianship or foster
care. The relatives of such a child or children within the sixth degree of consanguinity or affinity
are excluded from this definition. (Art. 117)

SPECIAL CATEGORIES OF CHILDREN

● Dependent child – one who is without a parent, guardian or custodian; or one whose parents,
guardian or other custodian for good cause desire to be relieved of his care and custody; and
is dependent upon the public for support.

● Abandoned child – one who has no proper parental care or guardianship, or whose parents
or guardians have deserted him for a period of at least six continuous months.

● Neglected child – one whose basic needs have been deliberately unattended or inadequately
attended. Neglect may occur in two ways:

*Physical neglect - when the child is malnourished, ill clad and without proper shelter. A child
is unattended when left by himself without provisions for his needs and/or without proper
supervision.

*Emotional neglect - – when the child are maltreated, raped or seduced; when children are
exploited, overworked or made to work ender conditions not conducive to good health; or are
made to beg in the streets or public places, or when children are in mortal danger, or exposed
to gambling, prostitution and other vices. (Art. 141)

Mentally retarded children – refer to those: Socially incompetent – socially inadequate,

occupationally incompetent and unable to manage their own affairs. Mental retardation is classified as
follows:

● Custodial Group – they are the least capable group, severely or profoundly retarded, and with
I.Q.s 1 to 25.
 21

● Trainable Group – they are unable to acquire higher academic skills, but can usually acquire
the basic skills for living to a reasonable degree; their I.Q.s range from about 25 to about 50.

● Educable Group – the degree of success or accomplishment that they will reach in life
depends very much on the quality and type of education they receive, as well as on the
treatment at home and in the community. This group’s I.Q. ranges from about 50 to about 75.

● Borderline or Low Normal Group – this is the highest group of mentally retarded, with I.Q.s
from 75 to about 89. The members of this classification are only slightly retarded and they can
usually get by in regular classes if they can usually get by in regular classes if they receive
some extra help, guidance and consideration.

● Physically Handicapped Children – those who are crippled, deaf-mute, blind, or otherwise
defective which restricts their means of action or communication with others.

● Emotionally Disturbed Children – those who, although not afflicted with insanity or mental
defect, are unable to maintain normal social relations with others and the community in general
due to emotional problems or complexes.

● Mentally Ill Children – those with any behavioural disorder, whether functional or organic,
which is of such a degree of severity as to require professional help or hospitalization.

● Disabled Children – shall include mentally retarded, physically handicapped, emotional

disturbed, and severe mentally ill children. (Arts. 168-173)

Section 3. Definition of Terms. 

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully
take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition;

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any
of the following: psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment.

(c) "Circumstances which gravely threaten or endanger the survival and normal development
of children" include, but are not limited to, the following;

● Being in a community where there is armed conflict or being affected by armed conflict-related
activities;

● Working under conditions hazardous to life, safety and normal which unduly interfere with their
normal development;
 22

● Living in or fending for themselves in the streets of urban or rural areas without the care of
parents or a guardian or basic services needed for a good quality of life;

● Being a member of an indigenous cultural community and/or living under conditions of extreme
poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life;

● Being a victim of a man-made or natural disaster or calamity; or

● Circumstances analogous to those above stated which endanger the life, safety or normal
development of children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the
coordinated program of services and facilities to protected children against:

● Child Prostitution and other sexual abuse;

● Child trafficking;

● Obscene publications and indecent shows;

● Other acts of abuses; and

● Circumstances which threaten or endanger the survival and normal development of children.

Kinds of Child Abuse

1. Physical Abuse – defined as any act which results in a non-accidental trauma or physical injury. 

2. Sexual Abuse- It is the involvement of the child in sexual activity with an adult or any person older
or bigger in which for gratification of an older person’s needs or desires are achieved. 

3. Emotional Abuse – it is commonly defined as the systematic tearing down of another human
being. 

4. Child Neglect – it is defined as a “type of maltreatment that refers to the failure to provide needed
age-appropriate care,” such as shelter, food, clothing, education, supervision, medical care and other
basic necessities needed for development of physical, intellectual and emotional capacities. 

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who
for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate
or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
 23

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.

Remedial Procedures

Section 27. Who May File a Complaint – Complaints on cases of unlawful acts committed against the
children as enumerated herein may be filed by the following:

● Offended party;

● Parents or guardians;

● Ascendant or collateral relative within the third degree of consanguinity;

● Officer, social worker or representative of a licensed child-caring institution;

● Officer or social worker of the Department of Social Welfare and Development;

● Barangay chairman; or

● At least three (3) concerned responsible citizens where the violation occurred.

SEC. 4. Definition of Terms. – The following terms as used in this Act shall be defined as follows:

(a) “Bail” refers to the security given for the release of the person in custody of the law, furnished by
him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the
form of corporate security, property bond, cash deposit, or recognizance.

(b) “Best Interest of the Child” refers to the totality of the circumstances and conditions which are
most congenial to the survival, protection and feelings of security of the child and most encouraging
to the child’s physical, psychological and emotional development. It also means the least detrimental
available alternative for safeguarding the growth and development of the child.

(e) “Child” refers to a person under the age of eighteen (18) years. 

(d) “Child at Risk” refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances.

(e) “Child in Conflict with the Law” refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.
 24

(f) “Community-based Programs” refers to the programs provided in a community setting

developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict
with the law, for reintegration into his/her family and/or community.

(g) “Diversion” refers to an alternative, child-appropriate process of determining the responsibility

and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal court proceedings.

(h) “Diversion Program” refers to the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to formal court
proceedings.

(i) “Initial Contact With-the Child” refers to the apprehension or taking into custody of a child in
conflict with the law by law enforcement officers or private citizens. It includes the time when the child
alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same
Rule in cases that do not require preliminary investigation or where there is no necessity to place the
child alleged to be in conflict with the law under immediate custody.

(j) “Intervention” refers to a series of activities which are designed to address issues that caused the
child to commit an offense. It may take the form of an individualized treatment program which may
include counselling, skills training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.

(k) “Juvenile Justice and Welfare System” refers to a system dealing with children at risk and
children in conflict with the law, which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, reintegration and aftercare to ensure their
normal growth and development.

(l) “Status Offenses” refers to offenses which discriminate only against a child, while an adult does
not suffer any penalty for committing similar acts. These shall include curfew violations; truancy,
parental disobedience and the like.

(m) “Youth Detention Home” refers to a 24-hour child-caring institution managed by accredited local
government units (LGUs) and licensed and/or accredited non government organizations (NGOs)
providing short-term residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.

(n) “Youth Rehabilitation Center” refers to a 24-hour residential care facility managed by the
Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides care, treatment and rehabilitation services for children in
conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where
residents are cared for under a structured therapeutic environment with the end view of reintegrating
them into their families and communities as socially functioning individuals. Physical mobility of
residents of said centers may be restricted pending court disposition of the charges against them.

(o) “Victimless Crimes” refers to offenses where there is no private offended party.
 25

SEC. 5. Rights of the Child in Conflict with the Law. – Every child in conflict with the law shall
have the following rights, including but not limited to:

0. the right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment;

a. the right not to be imposed a sentence of capital punishment or life imprisonment, without the
possibility of release;

b. the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or

imprisonment being a disposition of last resort, and which shall be for the shortest appropriate period
of time;

c. the right to be treated with humanity and respect, for the inherent dignity of the person, and in
a manner, which takes into account the needs of a person of his/her age. In particular, a child
deprived of liberty shall be separated from adult offenders at all times. No child shall be detained
together with adult offenders. He/ She shall be conveyed separately to or from court. He/ She shall
await hearing of his/her own case in a separate holding area. A child in conflict with the law shall have
the right to maintain contact with his/her family through correspondence and visits, save in
exceptional circumstances;

d. the right to prompt access to legal and other appropriate assistance, as well as the right to
challenge the legality of the deprivation of his/her liberty before a court or other competent,
independent and impartial authority, and to a prompt decision on such action;

e. the right to bail and recognizance, in appropriate cases;

f. the right to testify as a witness in his/her own behalf under the rule on examination of a child
witness;

g. the right to have his/her privacy respected fully at all stages of the proceedings;

h. the right to diversion if he/she is qualified and voluntarily avails of the same;

i. the right to be imposed a judgment in proportion to the gravity of the offense where his/her
best interest, the rights of the victim and the needs of society are all taken into consideration by the
court, under the principle of restorative justice;

j. the right to have restrictions on his/her personal liberty limited to the minimum, and where
discretion is given by law to the judge to determine whether to impose fine or imprisonment, the
imposition of fine being preferred as the more appropriate penalty;

k. in general, the right to automatic suspension of sentence;

l. the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

m. the right to be free from liability for perjury, concealment or misrepresentation; and

n. other rights as provided for under existing laws, rules and regulations.

 
 26

SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or under at the
time of the commission of the offense shall be exempt from criminal liability. However, the child shall
be subjected to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15)
years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with discernment, in which case, such
child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption
from criminal liability herein established does not include exemption from civil liability, which shall be
enforced in accordance with existing laws.

SEC. 8. Juvenile Justice and Welfare Council (JJWC). – A Juvenile Justice and Welfare Council
(JJWC) is hereby created and attached to the Department of Justice and placed under its
administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of
Social Welfare and Development. 

(The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be
designated by the concerned heads of the following departments or agencies:

● Department of Justice (DOJ);

● Department of Social Welfare and Development (DSWD);

● Council for the Welfare of Children (CWC)

● Department of Education (DepEd);

● Department of the Interior and Local Government (DILG)

● Commission on Human Rights (CHR);

● National Youth Commission (NYC); and

● Two (2) representatives from NGOs, one to be designated by the Secretary of Justice and the
other to be designated by the Secretary of Social Welfare and Development.

SEC. 9. Duties and Functions of the JJWC. – The JJWC shall have the following duties and
functions:

● To oversee the implementation of this Act;

● To advise the President on all matters and policies relating to juvenile justice and welfare;
 27

● To assist the concerned agencies in the review and redrafting of existing policies/regulations or
in the formulation of new ones in line with the provisions of this Act;

● To periodically develop a comprehensive 3 to 5-year national juvenile intervention program,

with the participation of government agencies concerned, NGOs and youth organizations;

● To coordinate the implementation of the juvenile intervention programs and activities by

national government agencies and other activities which may have an important bearing on the
success of the entire national juvenile intervention program. All programs relating to juvenile
justice and welfare shall be adopted in consultation with the JJWC;

● To formulate and recommend policies and strategies in consultation with children for the
prevention of juvenile delinquency and the administration of justice, as well as for the treatment
and rehabilitation of the children in conflict with the law;

● To collect relevant information and conduct continuing research and support evaluations and
studies on all matters relating to juvenile justice and welfare, such as but not limited to:

*the performance and results achieved by juvenile intervention programs and by activities of
the local government units and other government agencies;

*the periodic trends, problems and causes of juvenile delinquency and crimes; and

*the particular needs of children in conflict with the law in custody.

  

SEC. 18. Development of a Comprehensive Juvenile Intervention Program. – A Comprehensive

juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the
barangay to the provincial level. The LGUs shall set aside an amount necessary to implement their
respective juvenile intervention programs in their annual budget. The LGUs, in coordination with the
LCPC, shall call on all sectors concerned, particularly the child-focused institutions, NGOs, people’s
organizations, educational institutions and government agencies involved in delinquency prevention
to participate in the planning process and implementation of juvenile intervention programs. The
implementation of the comprehensive juvenile intervention program shall be reviewed and assessed
annually by the LGUs in coordination with the LCPC. Results of the assessment shall be submitted by
the provincial and city governments to the JJWC not later than March 30 of every year.

SEC. 19. Community-based Programs on Juvenile Justice and Welfare. – Community-based

programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC, school,
youth organizations and other concerned agencies. The LGUs shall provide community-based
services which respond to the special needs, problems, interests and concerns of children and which
offer appropriate counseling and guidance to them and their families. These programs shall consist of
three levels:
 28

● Primary intervention includes general measures to promote social justice and equal
opportunity, which tackle perceived root causes of offending;

● Secondary intervention includes measures to assist children at risk; and

● Tertiary intervention includes measures to avoid unnecessary contact with the formal justice
system and other measures to prevent re-offending.

SEC. 21. Procedure for Taking the Child into Custody. – From the moment a child is taken into
custody, the law enforcement officer shall:

● Explain to the child in simple language and in a dialect that he/she can understand why he/she
is being placed under custody and the offense that he/she allegedly committed;

● Inform the child of the reason for such custody and advise the child of his/her constitutional
rights in a language or dialect understood by him/her;

● Properly identify himself/herself and present proper identification to the child;

● Refrain from using vulgar or profane words and from sexually harassing or abusing, or making
sexual advances on the child in conflict with the law;

● Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or
restraint, unless absolutely necessary and only after all other methods of control have been
exhausted and have failed;

● Refrain from subjecting the child in conflict with the law to greater restraint than is necessary
for his/her apprehension;

● Avoid violence or unnecessary force;

● Determine the age of the child pursuant to Section 7 of this Act;

● Immediately but not later than eight (8) hours after apprehension, turn over custody of the child
to the Social Welfare and Development Office or other accredited NGOs, and notify the child’s
apprehension. The social welfare and development officer shall explain to the child and the
child’s parents/guardians the consequences of the child’s act with a view towards counseling
and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate;

● Take the child immediately to the proper medical and health officer for a thorough physical and
mental examination. The examination results shall be kept confidential unless otherwise
ordered by the Family Court. Whenever the medical treatment is required, steps shall be
immediately undertaken to provide the same;
 29

● Ensure that should detention of the child in conflict with the law be necessary, the child shall
be secured in quarters separate from that of the opposite sex and adult offenders;

● Record the following in the initial investigation:

*Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;

*That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the
apprehension and the details thereof; and

*The exhaustion of measures to determine the age of a child and the precise details of the
physical and medical examination or the failure to submit a child to such examination; and

● Ensure that all statements signed by the child during investigation shall be witnessed by the
child’s parents or guardian, social worker, or legal counsel in attendance who shall affix his/her
signature to the said statement.

● A child in conflict with the law shall only be searched by a law enforcement officer of the same
gender and shall not be locked up in a detention cell.

SEC. 22. Duties During Initial Investigation. – The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the following: (1) child’s
counsel of choice or in the absence thereof, a lawyer from the Public Attorney’s Office; (2) the child’s
parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and
development officer. In the absence of the child’s parents, guardian, or nearest relative, and the local
social welfare and development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC. After the initial investigation, the
local social worker conducting the same may do either of the following:

● Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old, who acted without discernment; and

● If the child is above fifteen (15) years old but below eighteen (18) and who acted with
discernment, proceed to diversion under the following chapter. 

SEC. 23. System of Diversion. – Children in conflict with the law shall undergo diversion programs
without undergoing court proceedings subject to the conditions herein provided:

● Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local
social welfare and development officer or other members of the LCPC shall conduct mediation,
family conferencing and conciliation and, where appropriate, adopt indigenous modes of
conflict resolution in accordance with the best interest of the child with a view to accomplishing
 30

the objectives of restorative justice and the formulation of a diversion program. The child and
his/her family shall be present in these activities.

● In victimless crimes where the imposable penalty is not more than six (6) years imprisonment,
the local social welfare and development officer shall meet with the child and his/her parents or
guardians for the development of the appropriate diversion and rehabilitation program, in
coordination with the BCPC;

● Where the imposable penalty for the crime committed exceeds six (6) years imprisonment,
diversion measures may be resorted to only by the court.

SEC. 26. Contract of Diversion. – If during the conferencing, mediation or conciliation, the child
voluntarily admits the commission of the act, a diversion program shall be developed when
appropriate and desirable as determined under Section 30. Such admission shall not be used against
the child in any subsequent judicial, quasi-judicial or administrative proceedings. The diversion
program shall be effective and binding if accepted by the parties concerned. The acceptance shall be
in writing and signed by the parties concerned and the appropriate authorities. The local social
welfare and development officer shall supervise the implementation of the diversion program. The
diversion proceedings shall be completed within forty-five (45) days.

● The period of prescription of the offense shall be suspended until the completion of the
diversion proceedings but not to exceed forty-five (45) days.

● The child shall present himself/herself to the competent authorities that imposed the diversion
program at least once a month for reporting and evaluation of the effectiveness of the program.

● Failure to comply with the terms and conditions of the contract of diversion, as certified by the
local social welfare and development officer, shall give the offended party the option to institute
the appropriate legal action.

● The period of prescription of the offense shall be suspended during the effectivity of the
diversion program, but not exceeding a period of two (2) years.

SEC. 27. Duty of the Punong Barangay When There is No Diversion. – If the offense does not fall
under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a
diversion, the Punong Barangay handling the case shall, within three (3) days from determination of
the absence of jurisdiction over the case or termination of the diversion proceedings, as the case may
be, forward the records of the case of the child to the law enforcement officer, prosecutor or the
appropriate court, as the case may be. Upon the issuance of the corresponding document, certifying
to the fact that no agreement has been reached by the parties, the case shall be filed according to the
regular process.

SEC. 31. Kinds of Diversion Programs. – The diversion program shall include adequate socio-
cultural and psychological responses and services for the child. At the different stages where
 31

diversion may be resorted to, the following diversion programs may be agreed upon, such as, but not
limited to:

(a) At the level of the Punong Barangay:

● Restitution of property;

● Reparation of the damage caused;

● Indemnification for consequential damages;

● Written or oral apology;

● Care, guidance and supervision orders;

● Counseling for the child in conflict with the law and the child’s family;

● Attendance in trainings, seminars and lectures on:

*anger management skills;

*problem solving and/or conflict resolution skills;

*values formation; and

*other skills which will aid the child in dealing with situations which can lead to repetition of the
offense;

Participation in available community-based programs, including community service; or

● Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor:

● Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and

● Confiscation and forfeiture of the proceeds or instruments of the crime;

(c) At the level of the appropriate court:

● Diversion programs specified under paragraphs (a)and (b) above;

● Written or oral reprimand or citation;

● Fine:
 32

● Payment of the cost of the proceedings; or

● Institutional care and custody.

 DIFFERENT JUVENILE JUSTICE MODELS

● The ‘welfare model’ adopts a positivistic approach that is based on the assumption that
juvenile wrongdoing is the product of social or environmental factors for which the young
person cannot be held individually responsible. 

● The ‘Justice Model’- In contrast to the positivism of the welfare model, the ‘justice model’
espouses a ‘classicist’ approach that is based on the assumption that even young people are –
with certain limited exceptions –endowed with free will. 

● The ‘Minimum Intervention Model’- The philosophy that underpins the ‘minimum intervention
model’ is derived in part from criminological ‘labelling theory’, which suggests that all official
forms of processing young offenders are potentially harmful to them since they ‘label’ and
stigmatize them as criminals. 

● The ‘Restorative Justice Model’- The ‘restorative justice model’ is based on a radically
different set of assumptions about the concept of crime itself, the relationship between
offenders, victims, citizens and the state, and also about the most appropriate ways of
responding to crime. Whereas traditional criminal justice theorists have portrayed crime first
and foremost as an offence against the state, the restorative justice model places particular
emphasis on the harm that is done to the victim, whose interests were for many years
neglected by mainstream criminal justice agencies and policy-makers alike.