Juve Nille

Juvenile Delinquency
I. Course: CRIMSOC5
II. Course Unit: 3 units
III. Course: Juvenile Delinquency
Course Description:
This course deals with the etiology of delinquent and criminal behavior and the
factors that bring about juvenile delinquency; prevention and control of teenage crime
and manner of combating it; influence of community institutions on delinquency;
organization of civic and government councils for the prevention of juvenile
delinquency; establishment of recreation and character building agencies; counseling
and guidance clinics for juveniles and police juvenile control bureaus; study of social
welfare agencies and the laws applicable.
IV. Module No: 1

Title: Juvenile Delinquency
Topic: Definitions of terms and History
Time Frame: 9hours
Introduction:
This topic introduce the history and understanding of
psychopathology, biological factors and social circumstances.
A. Intended Learning Outcome/ILOs:

At the end of this topics, student should be able to:
1. Discuss the historical causative factors contributing to juvenile

delinquency;
2. Define juvenile delinquency terminologies.
B. Pre-Test:
Instruction:
Before the lesson proper five (5) questions will be given to the students,
and you are advice to write down your answer to the blank sheet of paper,
I. Definition and Concept:
Juvenile – youth or young person
Delinquency – offense, fault, neglect or failure of duty.
Juvenile Delinquency – is an imprecise nebulous or indistinct legal and social label for a
wide variety of law and norm violating behaviors.
Juvenile Delinquent – one who is incorrigible, ungovernable or habitually disobedient and

beyond control of his parents, guardian, or custodian.
Delinquent Child – a child or youth who has committed an act which if committed by an
adult would have been called a crime.
1 Notes on Juvenile Delinquency el feed you 2023

Deviance – a behavior which violates social norms or which is statistically different from the
average.
Deviant Behavior – it exists in the violation of norms which are sufficient to exceed the
general tolerance limit of society.
Social Norm – is a set of standard behavior of the society.
Youthful Offender – is a child, minor or youth including one who is emancipated in

accordance with law, and is over nine years but under eighteen years of age at the time of
the commission of the offense.
Parenspatriae – is the power of the State to act on behalf of the child and provide care and
protection equivalent to that of a parent.
Anomie – is a social condition in which norms are uncertain or lacking. This is because of
rapidly shifting moral values, a person then has few guides to what is socially acceptable
behavior.
Emancipation – a relinquishment of the care, custody and earnings of a minor child and
renunciation of parental duties.
Runaway – is a child who has been adjudicated by a court as having committed the status
offense of leaving the custody and home of his or her parents or guardians.
Status Offense – an act that is declared as an offense, but only when committed by a
juvenile.
Status Offender – a juvenile who has been adjudicated by a court as having committed
status offenses.
Atavism – is a concept used by Cesare Lombroso to suggest that criminals are physiological
throwbacks to earlier stages of human evolution. The term “atavism” is derived from the latin
term atavus, which means “ancestor”.
Biological theories – theories than maintain that the basic determinants of human behavior,
including criminality, are constitutionally or physiologically based and often inherited.
Born Criminals – is individuals who are born with a genetic predilection toward criminality.
Cohort – a group of individuals sharing certain significant social characteristics in common,

such as sex, times, and places of birth.
Constitutional theories – are those which explain criminality by reference to offenders body
types, inheritance, genetics, and / or external observable physical characteristics.
Criminaloids – is a term used by Lombroso to describe occasional criminals who were

pulled into criminality primarily by environmental influences.
Differential association – is a sociological thesis that criminality, like any other form of
behavior, is learned through a process of association with others who communicate criminal
values.
Durham rule – is a standard for judging legal insanity which holds that “an accused is not
criminally responsible if his unlawful act was the product of mental disease or mental defect.
Ecological theory – is a sociological approach which emphasizes demographics (the

characteristics of population groups) and geographic (the mapped location of such groups

relative to one another) and sees the social organization which characterizes delinquency
areas as a major cause of criminality and victimization.
Eugenics – is the study of heredity improvement by genetic control.
Hedonistic calculus or utilitarianism – is the belief, first proposed by Jeremy Bentham, that
behavior holds value to any individual undertaking it according to the amount of pleasure and
pain that it can be expected to produce for that person.
Irresistible impulse test – is a standard for judging legal insanity which holds that a
defendant is not guilty of a criminal offense if the person, by virtue of their mental state or
psychological condition, was not able to resist committing the action in question.
Labeling – an interactionist perspective which sees continue crime as a consequence of

limited opportunities for acceptable behavior which follow from the negative responses of
society to those defined as offenders.
Learning theory – a notion that crime is an acquired form of behavior.
McNaughten Rule – is an standard for judging legal insanity which requires that either an
offender did not know what he or she were doing, or that, if he or she did not know it was
wrong.
Neoclassical Criminology – a contemporary version of classical theory of classical

criminology which emphasizes deterrence and retribution with reduced emphasis on
rehabilitation.
Panopticon – a prison designed by Jeremy Betham which was to be a circular building with
cells along the circumference, each clearly visible from a central location staffed by guard.
Paranoid schizophrenics – a schizophrenic individual who suffer from delusions and

hallucinations.
Penal couple - a term used to describes the relationship between victim and criminal.
Positivism – the application of scientific techniques to the study of crime and criminals.
Psychological theories – those derived from the behavioral sciences and which focus on
the individual as the unit of analysis. It focuses on the crime causation within the personality
of the individual offender.
Psychopath or sociopath – a person with a personality disorder, especially one manifested

in aggressively antisocial behavior, which is often said to be the result of a poorly developed
superego.
Psychosis – a form of mental illness in which sufferers are said to be out of touch with
reality.
Psychotherapy – a form of psychiatric treatment based upon psychoanalytical principles and

techniques.
Social learning theory – a psychological perspective that says people learn how to be
behave by modeling themselves after others whom they have the opportunity to observe.
Social process theories. – Emphasize the give and take which occurs between offender,
victim, and society – and specifically between the offender and agents of formal social control
such as the police, courts, and correctional organizations.

Social structure theories – explain crime and delinquency by reference to various aspects
of the social fabric. They emphasize relationships between social institutions, and describe
the types of behavior which tend to characterize groups of people as opposed to individuals.
Somatotype theories – a classification of human beings into types according to body build
and other physical characteristics.
Strain theory or anomie theory – a sociological approach that posits a disjuncture between
socially and subculturally sanctioned means and goals as the cause of criminal behavior.
Theory – a series of interrelated propositions that attempt describe, explain, predict, and
ultimately to control some class of events. A theory gains explanatory power from inherent
logical consistency, and is tested by how well it describes and predicts reality.
Victimology – the study of victims and their contributory role, if any, in crime causation.
II. History:
The scientific study of crime and criminality is a relatively recent development. Although
written criminal codes have existed for thousands of years, these were restricted to defining
crime and setting punishments. What motivated people to violate the law remained a matter
of conjecture.
1. Classical Criminology: This is based on the principle of Cesare Beccaria and Jeremy
Betham. The theoretical perspective suggesting that (1) people have free will to choose
criminal or conventional behaviors; (2) people choose to commit crime for reasons of
greed or personal need; and (3) crime can be control only by the fear of criminal
sanctions.
In mid-eighteenth century, social philosophers began to rethink the prevailing concepts

of law and justice. They argued for a more rational approach to punishment, stressing that
the relationship between crimes and their punishment should be balanced and fair. This
view was based on the pervading philosophy of the time called utilitarianism, which
emphasized that behavior must be useful, purposeful, and reasonable. The most famous
of these reformers was Cesare Beccaria (1738-1794), whose writings described both a
motive for committing crime and methods for its control.
Beccaria believed that people want to achieve pleasure and avoid pain. Therefore, he
concluded, crimes must provide some pleasure to the criminal. To deter crime, he
believed that one must administer pain in an appropriate amount to counterbalance the
pleasure obtained from crime. The following are the basic elements of classical
criminology:
a) In every society, people have free will to choose criminal or lawful solutions to meet
their needs or settle their problems.
b) Criminal solutions may be more attractive than lawful ones because they usually
require less work for a greater payoff.
c) A person’s choice of criminal solutions may be controlled by his or her fear of
punishment.
d) The more severe, certain, and swift the punishment, the better able it is to control;
behavior.

In Britain, philosopher Jeremy Betham (1748-1833) helped popularize Beccaria’s
views in his writings on utilitarianism. Betham believed that the purpose of all law is to
produce and support the total happiness of the community it serves. Because punishment
is in itself harmful, its existence is justified only if it promises to prevent greater evil that it
creates.
Concepts of the Classical School:

a) People have freewill. This means that they can choose their own course of life and
make an individual decision about their behavior.
b) Crimes or Delinquency are behaviors that have been outlawed by society either
because they violate what most people consider right and moral or because they
interfere with the proper and fair operations of society.
c) Those who hold power in the society have the obligation and duty to control
criminal behavior. They can achieve this goal by punishing delinquent and criminal
behavior thereby exerting social control over those who would otherwise destroys
the social fabric.
d) People violate law because they experience from criminal behavior are greater
than any they could achieve through conventional behavior.
e) Causing people to fear its consequences can control Crime or Delinquency. Legal
punishment administered through the criminal law the best method of provoking
fear and deterring potential criminals.
f) The more severe, certain and swift the punishment, the greater its deterrent effect
will be.
Characteristics of Classical Theory
a) The basis of criminal liability is human freewill and the purpose of penalty is
retribution.
b) That man is essentially a moral and social creature with an absolutely freewill to
choose between good and will thereby placing more stress upon the effect or result
of the felonious act than upon the man, the criminal himself.
c) It has endeavored to establish a mechanical and direct proportion between crime
and penalties.
d) There is a scant regard to the human element.
Arguments against the Classical Theory

a) Unfair – it treats all men as they are robots without regard to individual differences
and surrounding circumstances when the crime is committed.
b) Unjust – it imposes equal punishment to first offenders and recidivists.
c) The nature and the definition of punishment is not individualized.
d) It is the Magna Carta of the professional criminals. He knows what is coming to him
and could calculate the risk.
e) It considers only the injury caused not the mental condition of the offender.
2. Nineteenth-Century Positivism: The scientific method was beginning to take hold in

Europe. In place or reliance on pure thought and reason, careful observation and analysis
of natural phenomena were being undertaken to explain how the world worked. This
movement inspired new discoveries in biology, astronomy, and chemistry. If the scientific
method could be applied to the study of nature, then why not use it to study human
behavior?
Early writers and philosophy who advocate that the study of crime should emphasize
the individual scientific treatment of the criminal, not the post conviction punishment.
Adherents believed that punishment should fit the criminal not the crime.
The positivist was composed of several Italian whose approaches deferred to some
extent, but they all agreed that in the study of crime the emphasis should be on the
scientific treatment of the criminal not on the penalties to be imposed after conviction.

The positivist rejected the harsh legalism of classical theory and substituted the
doctrine of determinism for that freewill. They focused on the constitutional approach to
crime, advocating the structure or physical characteristics to crime of an individual
determine that person behavior. Since these characteristics of an individual are not
uniform, the positivists emphasize a philosophy of individualized scientific treatment of
criminal based on findings of physical and social sciences.
Characteristics:
a) That man is subdued occasionally by a strange and morbid phenomenon which

constrains him to do wrong, in spite of or contrary to his volition.
b) That crime or delinquency is essentially a social and natural phenomenon, and as

such, it cannot be treated and checked by the application of abstract principles of
law and jurisprudence nor by imposition of a punishment, fixed and determined a
priori; but rather through the enforcement of individual of individual measures in
each particular case after a thorough, personal and individual investigation
conducted by a competent body of psychiatrists and social scientists.
c) Delinquents and criminals are considered sick, disturbed or different. Therefore

they believe that misbehavior is a product of mental or physical condition that can
be produces aggressive, antisocial or conflict oriented behavior.
d) Human behavior is often controlled by forces: economic, social, physical and
psychological which beyond the control of the individual.
Summary of the Characteristics of Positivist School:

a) It focuses on the study of criminal rather than the crime
b) Let the punishment fit the criminal
c) Emphasized of the death penalty
d) Emphasized the importance of empirical research
e) Indeterminate sentence
Elements to the Positivistic Approach

a) Application of the Scientific Method. The positivists seek to uncover the basic cause of
crime and then to prescribe appropriate treatments in order to cure the individual
deviant.
b) Discovery and Diagnosis of Pathology. Criminal’s considered as a sick person.
c) Treatment (Therapy or Corrections). Prevention of crime by early treatment of Juvenile
Delinquents.
Auguste Comte (1798-1857), considered the founder of sociology, applied scientific

methods to the study of society. According to him, societies pass through stages that can
be grouped on the basis of how people try to understand the world in which they live.
People in primitive societies believe that inanimate objects have life (for example, the sun
is a gold); in later social stages, people embrace a rational, scientific view of the world.
Comte called this final stage the positive stage, and those who followed his writings
became known as positivists. The two elements of positivism are:
a) The believed that human behavior is a function of external forces that is beyond
individual control. Some of these forces are social, such as wealth and class, while
others are political and historical, such as war and famine. Other forces are more
personal and psychological, such as an individual’s brain structure and his or her
biological makeup or mental ability. Each of these forces influences human behavior.
b) It embraces of the scientific method to solve problems. Positivists rely on strict use of
empirical methods to test hypotheses. That is, they believe in factual, firsthand
observation and measurement of conditions and events. They agree the abstract
concept such as intelligence because it can be measured by an IQ test and challenge
the concept of soul because it is a condition that cannot be verified by the scientific
method. The positivist tradition was popularized by Charles Darwin (1809-1882),
whose work on human evolution encouraged a nineteenth-century “cult of science”
that advocated verifying all human activity by scientific principles.
Positivist Criminology. The earliest scientific studies examining human behavior were
biologically oriented. Physiognomist J.K. Lavater (1741-1801), studied the facial features
of criminals to determine whether the shape of ears, nose, and eyes and distances
between them were associated with anti-social behavior. Phrenologists, such as Franz
Joseph Gall (1758-1828) and Johann K. Spurzheim (1776-1882), studied the shape of
the skull and bumps on the head to determine whether these physical attributes were
linked to criminal behavior. Phrenologists believed that external cranial characteristics
dictate which brain control physical activity, although their primitive techniques and quasi -
scientific methods have been thoroughly discredited, these efforts were an early attempt
to use a scientific method to study crime.
Early nineteenth century, abnormality in the human mind was being linked to criminal
behavior patterns. Phillipe Pinel, one of the founders of French psychiatry, claimed that
some people behave abnormally even without being mentally ill. He coined the phrase
manie sans delire to denote what eventually was referred to as a psychopathic
personality. In 1812 an American, Benjamin Rush, described patients with an innate
preternatural moral depravity. Henry Maudsley (1835-1918, an English physician,
believed that insanity and criminal behavior were strongly linked. He stated, “crime is a
sort of outlet in which their unsound tendencies are discharged; they would go mad
because they criminals.
Biological Determinism. In Italy Cesare Lombroso (1835-1909) studied the

cadavers of executed criminals in an effort to scientifically determine whether law violators
physically differed from people of conventional values and behavior. He believed that
serious offenders, those who engaged in repeated assault- or theft-related activities,
inherited criminal traits. These born criminal inherited physical problems that impelled
them into a life of crime. He believed that born criminals suffer from atavistic anomalies-
physically; they are throwbacks to more primitive times when people were savages.
These includes people with have the enormous jaws and strong canine teeth common to
carnivores and savages who devour raw flesh.
3. Sociological Criminology:
The foundations of sociological criminology can be traced to the work of pioneering

sociologists L.A.J. Adolphe Quetelet (1797-1874) and David Emile Durkheim (1858-1917).
Quetelet instigated the use of data and statistics in performing criminological research.
Durheim, considered one of the founders of sociology, defined crime as a normal and
necessary social event.

Quetelet was a Belgian mathematician who began what is known as the cartographic
school of criminology. Statistic data provided important demographic information on the
population, including density, gender, religious affiliation, and wealth.
Emile Durkheim vision of social positivism, crime is part of human nature because it
has existed during periods of both poverty and prosperity. Crime is normal because it is
virtually impossible to imagine a society in which criminal behavior is totally absent. Such
a society would almost demand that all people be and act exactly alike. He believed that
the inevitability of crime is linked to the differences (heterogeneity) within the society.
Because people are so different from one another and employ such a variety of methods
and forms of behavior to meet their needs, it is not surprising that some will resort to
criminality. Even if “real” crimes were eliminated, human weaknesses and petty vices
would be elevated to the status of crimes. As long as human differences exist the, crime is
inevitable and one of the fundamental conditions of social life.
4. Chicago School:
The primacy of sociological positivism was secured by research begun in the early
twentieth century by Robert Ezra Park (1864-1944), Ernest W. Burgess (1886-1966), Louis
Wirth (1897-1944), and their colleagues in the sociology department at the University of
Chicago. The scholars who taught at this program created what is still referred to as the
Chicago in honor of their unique style of research.
Their work inspired a generation of scholars to conclude that social forces operating in
urban areas create criminal interactions; some neighborhoods become “natural areas” for
crime. These urban neighborhoods maintain such a high level of poverty that critical social
institutions, such as the school and the family, break down. The resulting social
disorganization reduces the ability of social institutions to control behavior, and the outcome
is a high crime rate.
The Chicago School sociologists and their contemporaries focused on the functions of
social institutions, such as the school and family, and how their breakdown influenced deviant
and antisocial behavior. Criminal behavior, they argued, was not a function of personal traits
or characteristics, but rather a reaction to an environment that was inadequate for proper
human relations and development. For example, they found that children who grow up in
homes wracked by conflict, attend inadequate schools, or associate with deviant peers
become exposed to pro-crime forces. One position, championed by the preeminent American
criminologist Edwin Sutherland, was that people learn criminal attitudes from older, more
experienced law violators. Another view developed by Chicago School sociologist Walter
Reckless, was that crime occurs when children develop an inadequate self-image, which
renders them incapable of controlling their own misbehavior.
5. Conflict Criminology: In his Communist Manifesto and other writings, Marx described
the oppressive labor conditions prevalent during the rise of industrial capitalism. His
observations of the economic structure convinced Marx that the character of every
civilization is determined by its mode of production – the way its people develop and
produce material goods (materialism). The most important relationship in industrial culture
is between the owners of the means of production, the capitalist bourgeoisie, and the
people who do the actual labor, the proletariat. The economic system controls all facets of
human life; consequently, people’s leaves revolve around the means of production. The
exploitation of the working class, he believed, would eventually lead to class conflict and
the end of the capitalist system.

III. Approaches of Crime and Criminal Behavior:
1) Subjective approaches (focuses on the forms of abnormalities that exist in the individual
criminal before, during and after the commission of the crime).
a) Anthropological approach: the study on the physical characteristics of an individual
offender with non-offenders in the attempt to discover differences covering criminal
behavior (Hooton)
b) Medical approach: the application of medical examinations of the individual criminal

explain the mental and physical condition of the individual prior and after the
commission on the crime (Positivist)
c) Biological approach: the evaluation of genetic influences to criminal behavior.

(Positivist)
d) Physiological approach: the study on the nature of human being concerning his
physical needs in order to satisfy his wants. It explains that the deprivation of the
physical body on the basic needs is an important determiner of the commission of
crime (Maslow)
e) Psychological approach: it is concern with the deprivation of psychological needs of

man, which constitute the development of deviations of normal behavior resulting to
unpleasant emotions (Freud)
f) Psychiatric approach: the explanation of crime through diagnosis of mental diseases

as a cause of criminal behavior (Positivist)
2) Objective approaches (focuses on groups, social processes and institutions as

influences to behavior).
a) Geographical approach: considers topography, natural resources, geographical
location, and climate lead an individual to commit crime (Quetelet)
b) Ecological approach: concerned with the biotic grouping of men resulting to migration,
competition, social discrimination, division of labor and social conflict as factors to
crime (Park)
c) Economic approach: it deals with the explanation of crime concerning financial security
of inadequacy and other necessities to support life as factors to criminality (Merton)
d) Socio-cultural approach: focuses on institutions, economic, financial, education,

political, and religious influences to crime (Cohen)
3) Contemporary approaches (focuses on the scientific modes of explaining crime and

criminal behavior, these includes the psychoanalytical, psychiatric and sociological
explanations of crime in an integrated theory).
Learning Activity No. 1
Instruction : Please answer the question briefly.
1. Discussed Subjective approaches

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2. Discussed Objective approaches

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3. Discussed Classical School of thoughts
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4. Neo-Classical School of Thoughts
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5. Discussed Positive School of Thoughts
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Review of Concepts:
The three Classical School of thoughts and the subjective and objectives
approaches.
Post Test:
Instruction: Quizzes
References:
Jonah B. Badua, Ph.D (2021) Juvenile Delinquency and Juvenile Justice System.
A research-based textbook with new normal approach.
PCOL ADELENE MAGHINAY FLORENDO

ATTY. VICTOR T. TULALIAN (2021) Juvenile Delinquency and Juvenile Justice System.
Armando A. Alviola, Ph.D (2012) Juvenile Delinquency
Module No: 2

Topic: Theories of Crime Causation
Time Frame: 9hours
Introduction:
This topic covers the etiology of delinquent and Theories
of Crime Causation
Intended Learning Outcome/ILOs:


1. Discuss the causative factors contributing to juvenile delinquency;
2. Identify the different theories in analyzing criminal behavior.
Pre-Test:
Instruction:
Theories of Crime Causation: An important goal of the criminological enterprise is to create

valid and accurate theories of crime causation. Social scientists have defined theory as sets
of statements that explain why and how several concepts are related. For set of statements
to qualify as a theory, we must be able to deduce some conclusions from it that are subject to
empirical verification: that is, theories must predict or prohibit certain observable events or
conditions.
1. Choice Theories: These theories assume that criminals carefully choose whether to
commit criminal acts. People are influenced by their fear of the criminal penalties
associated with being caught and convicted for law violations. The more severe, certain,
and swift the punishment, the more like it is to control crime. This theory is rooted in the
classical criminology of Cesare Beccaria and Jeremy Betham. The growth of positivist
criminology, which stressed external causes of crime and rehabilitation of known
offenders, reduced the popularity of the classical approach in the twentieth century.
However, in the late 1970s the concept of criminal choice once again became an
important criminological perspective. Today choice theorists view crime as offense- and
offender- specific. Research shows that offenders consider their targets carefully before
deciding on a course of action. By implication, crime can be prevented or displayed by
convincing potential criminals that the risks of violating the law exceed the benefits.
a) Rational Choice: Law-violating behavior occurs after offenders weigh information on

their personal needs and the situational factors involved in the difficulty and risk of
committing a crime.
b) Routine Activities: Crime and delinquency are functions of the presence of motivated
offenders, the availability of suitable targets, and the absence of capable guardians.
c) General Deterrence: People will commit crime and delinquency if they perceive that
the benefits outweigh the risks. Crime is a function of the severity, certainty, and speed
of punishment.
d) Specific Deterrence: If punishment is severe enough, criminals will not repeat their
illegal activities.
e) Incapacitation: Keeping known criminals out of circulation will reduce crime rates.
2. Trait Theories: Traits theories are divided into major categories: the psychological and
biological make-up.

The earliest positivist criminologists were biologists led by Cesare Lombroso, these
early researchers believed some people manifested primitive traits that make them born
criminals.
Criminal Atavism - this theory suggest that delinquents and criminal manifest
physical anomalies which make them criminally born type as they have physically traits as
enormous jaws, strong canine teeth, flattened nose and supernumerary teeth. That the
criminal instinct common to primitive savages would be found proportionally in nearly all
children if moral training and example did not influence them.
The somatotype theory by William H. Sheldon. This theory states that delinquents
and criminals manifest distinct physiques that make them susceptible to particular types of
delinquent’s behaviors. He classified into three body types:
a) Mesomorphs- has well-developed muscles and athletic appearance. They are active,
aggressive, sometimes violent and the most likely to become delinquents.
b) Endomorphs- have heavy builds and is slow moving. They are known for lethargic
behavior.
c) Ectomorphs- are tall, thin and less social and more intellectual than other types.
In 1970s, several criminologists again turned to study of biological basis of

criminality. For the most part, the effort has focused on the cause of violent crime.
Interest has centered on several areas: (1) bio-chemical factors, such as diet,
allergies, hormonal imbalances, and environmental contaminants (like lead); (2)
neurophysiological factors, such as brain disorders, EEG abnormalities, tumors, and
head injuries; and (3) genetic factors, such as the XYY syndrome and inherited traits.
Biological Perspective on Criminality

Perspective Cause
Bio-chemical Diet, hormones, and contaminants
Neurophysiological Brain structure, brain damages, and brain chemicals
Genetic Inherited aggressive predisposition and inherited condition
associated with crime such as impulsive personality
Psychological theories are derived from the behavioral sciences and which focus on
the individual as the unit of analysis. It focuses on the crime causation within the
personality of the individual offender.
Psychological attempts to explain criminal behavior in three perspectives: (1)

psychodynamic view; (2) cognitive view; and (3) social learning perspective. The
psychodynamic view, created by Sigmund Freud, links aggressive behavior to personality
conflicts developed in childhood. Cognitive psychology is concerned with human
development and how people perceived the world. Criminality is viewed as a function of
improper information processing or moral development. Social learning sees criminality as
a learned behavior. Children who are exposed to violence and see it rewarded may
become violent as adult.
In The English Convict, Charles Goring (1870-1919) studied the mental characteristics
of 3,000 English Convicts. He found little difference in the physical characteristics of
criminals and non-criminals, but instead uncovered a significant relationship between
crime and a condition he referred to as defective intelligence, which involved such traits
as feeblemindedness, which involves, and defective social instinct. Goring believed that

criminal behavior was inherited and could therefore be controlled by regulating the
reproduction of families who produced mental defective children.
Gabriel Tarde (1843-1904), was the forerunner of modern learning theorists. He used
a somewhat different psychological approach in his early research. Unlike Goring, who
viewed criminals as mentally impaired, Tarde believed people learn from one another
through imitation. Tarde’s laws of imitation: (a) Individuals in close, intimate contact
imitate each other’s behavior. (b) Imitation spreads from the top down; consequently,
youngsters imitate older individuals; paupers imitate rich; peasants imitate royalty; and so
on. And (c) Law of insertion dictates that new acts and behaviors are superimposed on
old ones and subsequently either reinforce or discourage previous customs.
Psychological Perspective on Criminality

Theory Cause
Psychodynamic Intrapsychic processes: unconscious conflicts, defenses,
(psychoanalytic) tendencies, anger, and sexuality
Behavioral Learning processes: past experiences, stimulus, rewards and
punishments
Cognitive Learning processing: thinking, planning, memory, perspective
and ethic and values
Trait Cause
Personality Personality processes: antis-social personality;
sociopath/psychopath temperament and abnormal affect
Intelligence Intellectual processes: low IQ, poor school performance and bad
decision making
a) Bio-chemical: Crime, especially violence, is a function of diet, vitamin intake,

hormonal imbalance, or food allergies. (Biosocial)
Biochemical research on delinquency concerns the relationships between the anti

social behavior of youth and there biochemical make-up, that body functions, control
by diet, blood chemistry, hormonal imbalance and so on, influenced the central
nervous system, which in turn can control a person’s memory, aggressiveness and
feelings of depression. These have been linked to antisocial behavior.
Some traits theorists believe that biochemical condition, including both those that
are genetically predetermined and those that are acquired through diet and
environment, influence antisocial behavior. This view of crime received national
attention (US) in 1979 when Dan White, who confessed to killing San Francisco Mayor
George Moscone and City Councilman Harvey Milk, claimed his behavior was
precipitated by an addiction to sugar-laden junk foods.
Chemical and Mineral Influence. Bio-criminologists maintain that mineral levels of

minerals and chemicals are needed for the normal brain functioning and growth,
especially in the early years of life. If people with normal needs receive the appropriate
nutrition, they will suffer from vitamin deficiency. If people have genetic conditioned
that causes greater-than-normal needs for certain chemicals and minerals, they said to
suffer from vitamin dependency. People with vitamin deficiency and dependency can
manifest many physical, mental, and behavioral problems including lower intelligence
test score.
Hormonal Influences: In his 1993 book The Moral Sense, Criminologist James Q.
Wilson concludes that hormone, enzymes, and neurotransmitters may be the key to
understanding human behavior. He explains gender differences in the crime rate.
1) Premenstrual Syndrome: Katharina Dalton studied that English women are more
likely to commit suicide and to be aggressive and otherwise antisocial just or during
menstruation. Diana Fishbein, a noted expert on biosocial theory, concludes that
there is in fact an association between elevated levels of female aggression and
menstruation. She show that a significant number of incarcerated females
committed.
2) Allergies: Neuroallergy and cerebral allergy problems have also been linked to
hyperactivity in children, which may portend antisocial behavior.
Environmental Contaminants: Dangerous amounts of copper, cadmium, mercury,

and inorganic gases, such as chlorine and nitrogen dioxide, are found in the
ecosystem. Research indicates that these environmental contaminants can influence
behavior. At high levels, these substances can cause severe illness or death; at more
moderate levels, they have been linked to emotional and behavioral disorders.
Criminologist Deborah Denno investigated the behavior of more than 900 African
American youths and found that lead poisoning was one of the most significant
predictors of male delinquency and persistent adult criminality.
b) Neurological: Criminals and delinquents often suffer brain impairment, as measured
by the Electroencephalograph (EGG). Attention deficit/hyperactivity disorder and
minimal brain dysfunction are related to antisocial behavior. (Biosocial)
The neurological or brain nervous systems, structure of offenders, are measured with
an electroencephalogram (EEG) which can identify brain trauma. Children with
abnormal EEG’s at birth may also suffer developmental problems, such as low IQ later
in life. Children who manifest behavior disturbances may have identifiable neurological
deficits, such as damage to the hemispheres of the brain. Many anti social- youths
have impaired brain activity which causes them to experience otherwise unexplainable
outburst of anger, hostility and aggression. Behaviors believe to be highly correlated
with abnormal EEG functions include poor impulse control, inadequate social ability,
hostility, temper, tantrums, destructiveness and hyperactivity.
Minimal Brain Dysfunctions: One neurological pattern concerned biocriminologist is

called “Minimal Brain dysfunctions” (MBD). This is defines as abnormality in the
cerebral or brains structure which causes behavior injurious to a person’s life-style and
social adjustment. “ Learning disabilities” (LDS) a term defined as children with special
learning disabilities exhibit a disorder in one or more of this basic psychological
processes involved in understanding or using spoken or written languages they may
be manifested in disorders of listening, thinking, talking, reading, writing or arithmetic
c) Genetic: Criminality traits and predispositions are inherited. The criminality of parents
can predict the delinquency of children. (Biosocial)
Another area of concern of biocrminologist is the genetic make-up of

delinquents. It has been hypothesized that some youth inherit a genetic configuration
that makes them predisposed to violence and aggression. In the same way that people
inherit genes that control height and eye color, biocriminologist believe that anti social
behavior characteristic may inherited. Heredity suggests that delinquency- proneness
ran in families, because family shares a similar lifestyle and environment, as well as a
similar gene pool.

Early biological theorists believed that criminality ran in families. Although research
on deviant families, such as the Jukes and Kallikaks, is not taken seriously today,
modern biosocial theorists are still interested in the role of genetics. If some human
behaviors are influenced by heredity, wouldn’t that be the case for antisocial
tendencies as well? Animals can be bred for aggressive traits: pit dogs, fighting bulls,
and fighting cocks have been selectively mated to produce superior predators. No
similar data exists with regard to people, but a growing body research is focusing on
the genetic factors associated with human behavior. For example, personality traits
like extroversion, openness, agreeableness, and consciousness may be genetically
determined.
This line of reasoning was spotlighted in the 1970s when genetic testing of Richard
Speck, the convicted killer of eight Chicago nurses, allegedly found that he had an
abnormal XYY chromosomal structure (XY is normal in males). There was much public
concern that all people with XYY chromosomes were potential killers and should be
closely controlled.
Parental Deviance. If criminal tendencies are inherited, then the children of criminal
parents should more likely to become law violators than the offspring of conventional
parents.
d) Psychodynamic: The development of the unconscious personality early in childhood
influence behavior for the rest of a person’s life. Criminals have weak egos and
damaged personalities. (Psychological)
Psychodynamic or psychoanalytic psychology was originated by Viennese

psychiatrist Sigmund Freud (185601939) and has since remained a prominent
segment of psychological theory. According to Freud’s version of psychodynamic
theory, the human mind performs three separate functions. The conscious mind id the
part of the mind that people are most aware of; it contains sensations and thoughts
like hunger, pain, thirst, and desire. The pre-consciousness mind holds elements of
experiences that are out of our awareness but that can be brought back to
consciousness at any time through memories and experiences. The unconsciousness
part of the mind contains biological desires and urges that cannot readily be
experienced as thoughts. Part of the unconscious holds feelings about sex and
hostility, which people keep below the surface of consciousness by a process called
repression. Psychodynamic theory also says that the human personality has a three
part structure.
The id is the personality part of people’s mental makeup present at birth. It

represents unconscious biological drives for sex, food, and other life sustaining
necessities. The id follows the pleasure principle: it requires instant gratification
without concern for the rights of others.
The ego develops early in life when a child begins to learn that his or her
wishes cannot be instantly gratified. The ego is the part of the personality that
compensates for the demands of the id by helping the individual guide his or her
actions to remain within the boundaries of social convention. The ego is guided by the
reality principle: it takes into account what is practical and conventional by societal
standards.

The superego develops as a result of incorporating within the personality of the
moral standards and values of parents, community, and significant others. It is the
moral aspect of people’s personalities; it judges their behavior. It is divided into two:
conscience and ego ideal and ego ideal. Conscience tells us what is right and wrong; it
forces the ego to control the id and directs people into morally acceptable and
responsible behaviors, which may not be pleasurable. The ego ideal refers to a
person’s idealized self-image.
Structure Guiding Description

Principle
Id Pleasure Unconscious biological drives; requires instant
principle gratification
Ego Reality principle Helps the personality refine the demand of the id;
helps person adapt to conventions
Superego Conscience Moral aspect of personality
e) Behavioral: People commit crime when they model their behavior after others they
see being rewarded for the same acts. Behavior is reinforced by rewards and
extinguished by punishment. (Psychological)
Albert Bandura, argue that people are not actually born with the ability to act violently,
but that they learn to be aggressive through their experiences.
f) Cognitive: Individual reasoning processes influence behavior. Reasoning is
influenced by the way people perceive their environment and by their moral and
intellectual development. (Psychological)
Wilhelm Wundt (1832-1920), Edward Titchener (1867-1927), and William James

(1842-1920)
3. Social Structure Theories: The majority of criminologists believe it would be a mistake to
ignore social and environmental factors in trying to understand the cause of criminal
behavior. Most criminals are indigent and desperate, not calculating or evil. Most grew up
in deteriorated parts of town and lack the social support and economic resources familiar
to more affluent members of society. Understanding criminal behavior then requires
analyzing the influence of these destructive social forces on human behavior. They
emphasize relationships between social institutions, and describe the types of behavior
which tend to characterize groups of people as opposed to individuals.
Sociology has been the primary focus on criminology since the early twentieth century,
when sociologists Robert Ezra Park (1864-1944), Ernest W. Burgess (1886-1966),
Louis Wirth (1897-1944), and their colleagues in the sociology department at the
University of Chicago. Their work on the social ecology of the city inspi red a generation of
scholars to conclude that social forces operating in urban areas create criminal
interactions. This perspective came to be known as the Chicago School. In 1915 Park
called the anthropological methods of description and observation to be applied to urban
life. he was concerned about how neighborhood structure developed, how isolated
pockets of poverty formed, and what social policies could alleviate urban problems.
Branches of Social Structure Theory:

Social Focuses on the environmental conditions that affect crimes rates
Disorganization such as; deteriorated neighborhoods, inadequate social control,
law violating gangs and groups and conflicting social values.
Poverty: includes development of isolated slums, lack of

conventional social opportunities, and racial and ethic
discrimination
Social disorganization: includes breakdown of social institutions
and organizations such as school and family and lack of informal
social control.
Breakdown of social control: include development of gangs and
peer group replaced family and social institutions
Criminal areas: includes neighborhood become crime prone,
stable pockets of delinquency develop, and lack of external
support and investment
Cultural transmission: include older youth pass norms to younger
generation
Criminal careers: include most youths age out of delinquency,
marry, and raise families, but remain in life of crime.
Strain Focuses on conflict between goals and means such as, unequal
distribution of wealth and power, frustration and alternative
methods of achievement.
Criminologists who view crime as a direct result of lower-class

frustration and anger are referred to as strain theorists. They
believe that although most people share similar values and goals,
the ability to achieve personal goals is stratified by
socioeconomic class. Stain is limited in affluent areas because
education and vocational opportunities are available. In
disorganized areas, strain occurs because legitimate avenue for
success are all but closed. To relieve strain, indigent people may
either use deviant methods to achieve the goals, such as theft or
drug trafficking, or reject accepted goals and substitute more
deviant goals as being tough and aggressive.
The roots of strain theories can be traced to Emile Durkheim’s
notion of anomie (from the Greek a nomos without norms).
According to Durkheim, an anomie society is one in which rules
of behavior- norms-have broken down or become inoperative
during the period of rapid social change or crisis such as war or
famine.
An anomic society is not able to control human aspirations and
demand. Anomie is most likely to occur in societies that are
moving form mechanical to organic society.
Merton used the modified version of the concept of anomie to fit
social, economic, and cultural conditions found in modern
society.
Cultural Combination of both, because of train and isolation, a unique

Deviance lower class culture develops in disorganized neighborhoods.
These independent subcultures maintain unique values and
beliefs that conflict with conventional social norms. Criminal
behavior is an expression of conformity to lower class sub-
cultural, values and traditions, not a rebellion from conventional
society. Sub-cultural values are handed down from one
generation to the next in a process called cultural transmission.

a) Shaw and McKay’s Concentric Zone Theory: Crime is a product of transitional
neighborhoods and manifest social disorganization and value conflict. (Social
Disorganization Theory)
b) Social Ecology Theory: The conflicts and problems of urban social life and
communities, including fear unemployment, deterioration, and siege mentality,
influence crime rates. (Social Disorganization Theory)
c) Anomie Theory: People who adopt the goals of society but lack the means to attain
them seek alternatives, such as crime. (Strain Theory)
Anomie is derives from the Greek word (nomos), meaning “without norms”.
According to Durkheim, an anomie is one which rules of behavior norms have broken
down or become inoperative during periods of rapid social change. It is impossible for
all people to be alike and to hold the same moral consequences that prevent dissent.
He explained why a lack of social solidarity with peoples working at cross – purposes,
usually results in confusion, inefficient performance of essential social functions and a
tendency toward social disintegration. This in turn produces unpredictability and
uncertainty and causes the regulation of relationships among the various elements of
the social system to breakdown. Anomie undermines society’s social control function.
Every society works to limit people’s desires and goals. If the society becomes
anomie, it can no longer establish and maintain control over its population wants and
desires. Since people find it difficult their demands become unlimited. When socially
mandated goals are uniform throughout society and access to legitimate means is
bound by class and status. Consequently, they may develop criminal or delinquent
solutions to the problems of attaining goals. His primary interest is to give regulation
for social integration.
d) General Strain Theory (Robert Agnew): Strain has a variety of sources. Strain causes
crime in the absence of adequate coping mechanisms. (Strain Theory)
Source of Strain Negative Affective Antisocial Behavior

1. Failure to achieve goals 1. Anger 1. Drug abuse
2. Disjunction of expectations and2. Frustration 2. Delinquency
achievements 3. Disappointment 3. Violence
3. Removal of positive stimuli 4. Depression 4. Dropping out
4. Presentation of negative stimuli 5. Fear
e) Institutional Anomie Theory: Material goals pervade all aspects of life. (Strain
Theory)
In discovering how some social structure exert a definite pressure upon certain
persons in a society to engage in nonconformist rather than conformist conduct. He
made a threefold distinction in his theory of deviant behavior:
a. The cultural goals or aspirations that men learn from their culture;
b. The norms that men employ when attempting to achieve the goals;
c. The institutionalized means or the facilities those are available for goal
achievement.
When there is discrepancy between the institutionalized means that are available
within the environment and the goals that individuals have learned to aspire for in their
environment, strain or frustration is produced and norms breakdown and deviant
behavior can result.
f) Relative Deprivation Theory: Crime occurs when the wealthy and poor live close to
one another. (Strain Theory)

g) Sellin’s Culture Conflict Theory: Obedience to the norms of their lower-class culture
puts people in conflict with the norms of the dominant culture. (Culture Deviance
Theory)
h) Miller’s Focal Concern Theory: Citizens who obey the street rules of lower-class life
find themselves in conflict with the dominant culture. (Culture Deviance Theory)
i) Cohen’s Theory of Delinquent gangs: Status frustration of lower-class boys, created

by their failure to achieve middle class success, causes them to join gangs. (Culture
Deviance Theory)
j) Cloward and Ohlin’s Theory of Opportunity: Blockage of conventional opportunities
causes lower-class youths to join criminal, conflict, or retreatist gangs. (Culture
Deviance Theory)
4. Social Process Theory: This theory view criminality as a function of people’s interaction
with various organizations, institutions, and processes in society. People in all walks of life
have the potential to become criminals if they maintain destructive social relationships.
Social process theory has three main branches: social learning theory stresses that
people learn to commit crimes; social control theory analyzes the failure of society to
control criminal tendencies; and labeling theory maintains that negative labels produce
criminal careers.
Forms of Social Process Theory:

Social Learning Criminal behavior is learned through human interaction
Theory
Control Theory Human behavior is controlled through close associations with
institutions and individuals.
Labeling Theory Some people are labeled “criminal by police and court authorities;
labeled people are known as trouble makers, criminals, and so on
and are shunned by conventional society.
a) Differential Association Theory: People learn to commit crime form exposure to

antisocial definitions. (Social Learning Theory)
One of the most prominent social learning theories is Edwin H. Sutherland’s
differential association theory. He first put his theory in 1939 in his text Principle of
Criminology. And it was popularized by Cressey. Is a sociological thesis that
criminality, like any other form of behavior, is learned through a process of association
with others who communicate criminal values.
Principle of Differential Association:

a) Criminal behavior is learned.
b) Criminal behavior is learned interaction with other person in a process of

communication.
c) Learning of criminal behavior occurs principally within intimate personal groups.
d) Learning of criminal behavior includes techniques of committing the crime, which

can be either very complicated or very simple, and the specific direction of motives,
drives, rationalizations and attitudes.
e) The specific direction of motives and drives is learned from various favorable and
unfavorable definitions of the legal codes.
f) A person becomes a delinquent in definition favorable to violating the law exceeds

definition favorable to observing it.

g) Differential association may vary in frequency, duration, priority or intensity.
h) The process of learning criminal behavior by association by with criminal and anti -
criminal patterns involves all the mechanisms involved in any other learning.
i) While criminal behavior is an explanation of general needs and value, it is not

explained by those needs and values, since non- criminal behavior is an
explanation of the same needs and values.
b) Differential Reinforcement theory: Criminal behavior defends on the person’s

experiences with rewards for conventional behaviors and punishment for deviant ones.
Being rewarded for deviance leads to crime. (Social Learning Theory)
According to Akers people learn to evaluate their arm behavior through their
interaction with significant other and group in their lives. There groups control sauces
and patterns of reinforcement, define behavior as right or wrong, and provide
behaviors that can be modeled through observational learning. The more individuals
learn to define their behavior as good or at least as justified, rather than as
undesirable, the more likely they are to engage in it.
First proposed by Ronald Akers in collaboration with Robert Burgess in 1966.
c) Neutralization Theory: Youth learn ways of neutralizing moral restraints and

periodically drift in and out of criminal behavior patterns. (Social Learning Theory)
Is the process by which an individual moves from one extreme of behavior to

another, behaving sometimes in an unconventional, free or deviant manner and at
other times with constraint and sobriety.

David Matza and Gresham Sykes’ neutralization theory explains how deviants
justified their deviant behaviors by adjusting the definitions of their actions and by
explaining to themselves and others the lack of guilt of their actions in particular
situations. There are five different types of rationalizations, which are the denial of
responsibility, the denial of injury, the denial of the victim, the condemnation of the
condemners, and the appeal to higher loyalties.
The denial of responsibility is the argument that the deviant was helplessly
propelled into the deviance, and that under the same circumstances, any other person
would resort to similar actions.
The denial of injury is the argument that the deviant did not hurt anyone, and thus
the deviance is not morally wrong, due to the fundamental belief that the action caused
no harm to other individuals or to the society.
The denial of the victim is the argument that possible individuals on the receiving
end of the deviance were not injured, but rather experiences righteous force, due to
the victim's lack of virtue or morals.
The condemnation of the condemners is the act by which the deviant accuses
authority figures or victims for having the tendency to be equally deviant, and as a
result, hypocrites.
Finally, the appeal to higher loyalties is the belief that there are loyalties and values
that go beyond the confines of the law; friendships and traditions are more important to
the deviant than legal boundaries.
d) Hirschi’s Control Theory: A person’s bond to society prevents him or her from
violating social rules. If the bond weakens, the person is free to commit crime. (Social
Control Theory)
Social control theory, originally articulated by Travis Hirschi in his influential 1969
book Causes of Delinquency. He assumes that all individuals are potential law
violators, but most are kept under control because they fear that illegal behavior will
damage their relationship with friends, family, neighbors, teachers, and employers.
Society produces pusher and pulls toward crime. In some people, they are
counteracted by internal and external containment’s, such as a good self- concept and
group cohesiveness.
A person’s bond to society him or her form violating social rules. If the bond
weakens, the person is free to commit crime or delinquent acts.
Elements of Social Bond

1) Attachment – Refers to a person’s sensitivity to and interest in others.
Psychologists believe that w/o a sense of attachment, a person becomes a
psychopath and losses the ability to relate coherently to the world.
2) Commitment - Involves the time, energy and effort expended in conventional
actions such as. Betting and education and saving money for the future.
3) Involvement – heavy involvement in conventional activities leaves little time for
illegal behavior.
4) Belief – People who live in the same social setting often are common moral
beliefs; they may adhere to such are as sharing, sensitivity to the rights of other,
and admiration for the legal code.
e) Containment Theory: Society produces pushes and pulls toward crime. In some
people, they are counteracted by internal and external containments, such as good
self-concept and group cohesiveness. (Social Control Theory)
Social control theories maintain that all people have the potential to violate the law
and that modern society presents many opportunities for illegal activity. Criminal
activities, such as drug abuse and car theft, are often exciting pastimes that hold the
promise of immediate reward and gratification.
f) Labeling Theory: People enter into law-violating careers when they are labeled for
their acts and organize their personalities around they labels. (Social Reaction Theory)
They explain how criminal career are based on destructive social interactions and
encounters. Its roots are found on the symbolic interaction theory of sociologists
Charles Horton Cooley, George Herbert Mead, and Herbert Blumer. Symbolic
interaction theory holds that people communicate via symbols, gesture, signs, words
or images that stand for or represent something else. People interpret symbolic
gestures from others and incorporate them in self-image. Social reaction theory picks
up on these concepts of interaction and interpretation. Throughout their lives, people
are given a variety of symbolic labels and ways they interact with others. These labels
represent a variety of behavior and attitude characteristics; labels help define not just
one trait, but the whole person.
Labeling theorist use an inter-actionist definition of delinquency or crime. In an

important statement, sociologist Kai Erickson argued, “Deviance” is not a property
inherent in certain forms of behavior, it is a property conferred upon those forms by the
audience which directly or indirectly witnesses them. Youths may violate the law for a
number of different reasons, including and not limited to poor family relationship,
neighborhood conflict, peer pressure, psychological and or biological abnormality of
pro-delinquent learning experiences. Regardless of the cause, if law enforcement or
school officials detect a youth’s delinquent behavior, the offender will be given a
negative social label that can follow him or her throughout life.
Human behavior is deviant to the extent that it comes to be normative expectation,
and it elicits interpersonal and collective reactions that serve to “isolate,” “correct” or
“punish” individuals engaged in such behavior.
Effects of Labeling
a) Creation of Stigma – Labels are believed to produce stigma. The labeled deviant
becomes a social outcast who may be prevented from enjoying higher education,
well paying jobs, and other social benefits.
b) Negative Image – Labels become the basis of personal identity. As the negative
feedback of law enforcement agencies, parents, friends, teachers and other figures
amplifiers the force of the original label, as a result, isolated from conventional
society, they may identify themselves as members of an outcast group and
become locked into a deviant career.

Labeling Process:
Initial Detection Decision to Creation of Acceptance Deviance
Criminal act: by the Label: New of Labels: Amplification:
people Justice Some Identity: Labeled Stigmatized
commit System: labeled those people offenders are
crimes for arrest is “official” labeled are begin to see now locked
number influenced criminals by known as themselves into criminal
reasons. by racial, police and trouble as careers.
economic court makers or outsiders.
and power authorities criminals.
relations.
5. Conflict Theory: This theory view crime as a function of the conflict that exists in society.
Social conflict theory is based in the works of Karl Marx as interpreted by Willem Bonger,
Ralf Dahrendorf, and George Vold. Conflict theorists suggest that crime in any society is
caused by class conflict. Laws are created by those in power to protect their rights and
interest.
a) Conflict Theory: Crime is a function of class conflict. Law is defined by people who
hold social and political power.
b) Marxist Theory: The capitalist means of production creates class conflict. Crime is a
rebellion of the lower class. The criminal justice system is an agent of class warfare.
c) Instrumental Marxist Theory: Criminal are revolutionaries. The real crimes are sexism,
racism, and profiteering. They view criminal law and criminal justice system solely as
an instrument for controlling the poor, have not members of society.
d) Structural Marxist Theory: The law is designed to sustain the capitalist economic
system.
e) Radical Feminist Theory: The capital system creates patriarchy, which oppresses
women.
f) Left Realism: Crime is a function of relative deprivation; criminals prey on the poor.
g) Deconstructionism: Language controls the meaning and use of the law.
h) Peacemaking: Peace and humanism can reduce crime; conflict resolution strategies
can work.
Marx did not write a great deal on the subject of crime, but he mentioned it in a variety
of passages scattered throughout his writing. He viewed crime as the product of law
enforcement policies, akin to a labeling process theory. He also saw a connection
between criminality and the inequalities found in the capitalist system.
Friedrich Engels is the collaborator of Marx who spent some time on the subject of
crime in his work, The Condition of the Working Class in England in 1844. He portrayed
crime as a function of social demoralization- a collapse of people’s humanity reflecting a
decline in society. According to Engels, workers are social outcasts, ignored by the
structure of capitalist society and treated as brutes.
Conflict theory was first applied to criminology by three distinguished scholars. Willem
Bonger, Ralf Dahrendorf, and George Vold.

Willem Bonger was born in 1876 in Holland and commit suicide in 1940 rather than
submit to Nazi rule. He believed that crime is of social, not biological, origin and that, with
a few exceptions, crime lies within the boundaries of human behavior. According to him,
no act is naturally immoral or criminal. He viewed crimes as antisocial acts that reflect
current morality, which changes continually along with social structure.
Ralf Dahrendorf believed that modern society is organized into what he called
imperatively coordinated association. These associations comprise two groups: those who
possess authority and use it for social domination and those who lack authority and the
dominated. Because dominating one segment of society does not mean dominating
another, society is a plurality of competing interest groups.
George Vold argued that crime can also be explained by social conflict. Laws are
created by politically oriented groups who seek government assistance to help them
defend their rights and protect their interest.
Conflict arises in many forms of communication whether it is argument, debate, or

even labor negotiations. There have been many proponents of social conflict perspective,
none better known however, Karl Marx. He was the leader in learning and understanding
how conflict fueled our society and usually changed it for the better.
Social conflict derives out of inequality of power and authority within and between
social organizations. It is a basic structural condition of society. They explain society in
terms of competition between different social groups for benefits and resources. Social
structure, for the conflict theorists, is an outgrowth of the struggle between interest
groups. These are made up of those who own the main wealth of society and those who
own little but their ability to labor.
Conflict theory is centered on the tension, or struggle that goes on in everyday life.
There are many different parts, which make up the conflict theorist’s view on the
sociological perspective.
a) The first main part is that society promotes general differences in wealth, power, and
prestige. Wealth, power, and prestige are qualities that all people desire. Some
segments of society benefit from a social arrangement at the expense of less
privileged groups. Whichever groups have the power is a central concern of this
theory. These Marxist statements are the central arguments of all conflict theorists’
statement of truth.
b) The different parts of the social system as a whole are intertwined, not because of a
shared value system, however, but because of the fact that one group is inherently
dominant over the other. This dominance happens because one group, the dominant
group, controls the resources.
c) The society does not necessarily have needs, but individuals and groups do. Because
the dominant group has the access to wealth, power and prestige, they have the ability
to have their needs defined as “system needs.”
d) The basic question of “Who benefits?” from the social arrangements of the day. On
any issue in society, there are people who benefit and people who don’t benefit. This
conflict always gives the advantage to the stronger party.
e) Conflict lends tension, hostility, competitions, disagreement over goals, and values, as
well as violence.
f) To understand conflict, we have to realize who holds the power and also the ability to
use it.
6. Integrated Theories: Latent Traits and developmental theories: Criminologists have been
combining elements from a number of different theoretical models into integrated theories
of crime. Latent traits theories hold that some underlying condition present at birth or soon
after controls behavior. Suspect traits include low I.Q, impulsivity, and personality
structure. This underlying trait explains the continuity of offending because once present,
it remains with a person throughout his or her life. The latent trait theories developed by
Gottfredson and Hirschi and Wilson and Herrnstain both integrate choice the theory
concepts: people with latent traits choose crime over non-crime. The opportunity for crime
mediates their choice.
Developmental Theories look at multiple factors derived from a number of different

structural and process theories.
a) General Theory: Crime and criminality are separate concepts. People choose to
commit crime when they lack of self-control. People lacking in self-control will seize
criminal opportunity.
b) Human Nature Theory: People choose to commit crime when they are biologically and
psychologically impaired.
c) Social Development Model: Weak social controls produce crime. A person’s place in
the structure influences his or her bond to society.
d) Elliot’s Integrated Theory: Strained and weal social bonds lead youths to associate
with and learn from deviant peers.
e) Farrington’s Theory: Personal and social factors control the onset and stability of
criminal careers.
f) Interactional Theory: Criminals go through lifestyle changes during their offending

career.
g) Age-graded Theory: As people mature, the factors that influence their propensity to
commit crime change. In childhood, family factors are critical; in adulthood, marital and
job factors are keys.
Instruction : Please answer the question briefly.

Used extra paper if necessary.
1. Enumerate 10 theories and discussed each
_______________________________________________________________
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Post Test:
Instruction: Oral recitation
References:

Module No: 3

Topic: Juvenile Delinquency in a Societal Context
Time Frame: 9hours
Introduction:
This topic covers root causes of delinquency or why it
happens to individual is merely due to family conditions.
1. Discuss the family and delinquency;

2. Identify the theoretical views on the family and delinquency
Pre-Test:
Instruction:
Juvenile Delinquency in a Societal Context
A. Family and Delinquency
FAMILY is a social unit consisting of parents and children's. The family serves as
one of the most important agents of socialization in our society, and the first to which most
people are exposed. A child's attitudes, values, and beliefs typically are learned from
family members. Additionally, the family of orientation primarily determines a child first
playgroup, place of residence, exposure to religion, and variety of experiences.
Socialization refers to the process whereby individuals learn and internalize the
appropriate attitudes, values, beliefs and behavior of particular culture. Socialization is a
lifelong process. Virtually everybody with whom an individual comes in contact can
influence the socialization process, but the major agents of socialization consists of (1)
family, (2) school, (3) church, (4) peer group and (5) mass media.
THEORETICAL VIEWS ON THE FAMILY AND DELINQUENCY
One of the root causes of delinquency or why it happens to individual is merely due
to family conditions. If the family is not complete or if the family does not function as a
“true” family then the children are possible targets to commit delinquency in the society.
We should always remember that the family is the most basic form of the society. The
community is composed of families. Therefore if a family is not functional, delinquency will
occur and summing all the non-functional family will equal the delinquency of the
community. An article defined FAMILY as an acronym meaning Father and Mother I Love
You. So if the Father is absent in the family it becomes “amily”, meaningless. If the Mother
is not present it becomes “faily”, failure. So a complete, strong, delinquency will not be
committed by the children. To solve therefore the problem of delinquency, focused should
be given to the families that are non-functional. Authorities should give attention to family
problems, structuring and building a strong home, having the necessities and needs
fulfilled. In conclusion, delinquency cannot be solved by punishments like imprisonment or
violent reprimand but solving the problem of the individual in his family. If the root cause
cannot be solved, then delinquency affectional loss for the child. In addition, the
complementary control, example, and guidance given by both parents are wanting and
complete socialization of the child is rendered more difficult.
Family Model
1. The Corporate Model – the father is the chief executive officer. The mother is
the operating officer and the implements the father`s policy and manages the
staff (Children) that in turn have privileges and responsibilities based on their
seniority. The father makes the most; he is the final word in the corporate
family. Intimacy runs to the profit motive
2. The Team Model – the father is the head; the mother is the chief of the training
table and the cheerleader. The children, suffering frequent performance anxiety,
play the rules and stay in shape with conformity calisthenics. In the team family,
competition is in the name of the game; winning is everything.
3. The Military Model – the father is the general. The mother is the guard duty with
a special assignment to the nurse corps when needed. The kids are the grunts.
Unruly children are sent to stockade, insubordinate wives risk discharge.
Punishment is swift, and sadism is called character building.
4. The Boarding School Model – the father is the rector or head master, and is in
charge of the training school minds and bodies. The mother is the dorm
counselor who oversees the realm emotion, illness, good works and
bedwetting. The children are dutiful students. The parents have nothing left to
learn; there`s but teach and test.
5. The Theatrical Model – the father is the producer and plays the role of the
father. The mother, the stage manager, doubles in the part of the mother. The
children, the stagehands, also act the roles of girls and boys. No writer is
necessary because the lines are scripted, the roles are sex stereotypes and the
plot predictable.
Classical Theory
This theory explains that parents who don't teach children the consequences of
rule-violating behavior will encourage them to be law violators.
General Duties of Parents (art. 46, P.D. No. 603)
The parents shall have the following general duties toward their children:
1. To give him affection, companionship and understanding;

2. To extend to him the benefits of moral guidance, self-discipline and religious
instruction;
3. To supervise his activities, including his recreation;
4. To inculcate in him the value of industry, thrift and self-reliance;
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and
develop his commitment to his country;
6. To advise him properly on any matter affecting his development and well-
being;
7. To always set a good example;
8. To provide him with adequate support; and
9. To administer his property, if any, according to his best interest.
Biological Theory
This theory explains that the predisposition to commit crime may be inherited or
encouraged by family activities such as diet.
b. Psychological Theory
This theory suggests that family interaction determines such important
psychological dimensions as personality, intelligence and learning which have
also been associated with delinquent behavior.
c. Social Structure Theory

This theory explains that the area and environment a child grows up in is
controlled by his or her family’s socioeconomic position.
d. Social Process Theory

This theory views that the attachment of a child to his or their family will negate
delinquency, Promoting inducements, children may learn deviant values from
parents.
e. Labeling Theory
This theory explains that some youths are actually labeled a deviant within their
own family and made to feel like outcasts. Also, the justice system is more likely
to label youngsters from powerless families.
f. Social Conflict Theory

This theory views that the socioeconomic conditions within the capitalist system
control both the families’ economic well – being and their child – rearing
practices. These in turn affect delinquent behaviors.
1. CATEGORIES OF FAMILY FUCTIONS WHICH PROMOTE DELINQUENT

BEHAVIORS
a. Families which neglect their children’s behavior and emotional

problems.
b. Families which are involved in interpersonal conflict.
c. Families that contain deviant parents who may transmit their behavior to children.
d. Families disrupted by spousal conflict or break – up
2. FAMILY PROBLEMS THAT LINKED TO DELINQUENT BEHAVIORS
a. Broken Home
Broken home suggests legal separation, defacto separation between parents, or
natural separation, that is, either due to death of the other or just physical absence
due to nature of work of another parent, including lack of interest on the part of the
present parent in the welfare of the children. Broken home can be either:
1. Physical Broken Home

2. Psychological Broken Home
3. Single – Parent
b. Discipline and Supervision

Classified Methods of Discipline

1. Love – Oriented – In which reasoning is used with the child and punishment
involves withholding rewards and privileges.
2. Punitive – In which a great deal of physical violence is used and there is a
great deal of anger, aggression and threat.
3. Lax – In which neither parent exerts much control.
4. Erratic – In which one parent uses love oriented methods and the other is lax or
wavers between two types.
c. Relationship to Parents
Mode of Relationship
1. Lack of a warm, loving, supportive relationship with the father.

2. Minimal Parental involvement with children.
3. High material involvement.
4. Broken Homes
d. Parental Conflict
Reasons why there is parental conflict:
1. Children who live in such highly coercive family settings eventually become
resistant to punishment. They have learned to fight coercive with counter
coercive and will often to do so by defying the parent and repeating the very act
that he is trying to suppress.
2. Parents who apply physical punishment in an erratic fashion and often permit
their child to express aggressive impulses one likely to raise hostile, aggressive
children.
3. Children growing up in maladapted homes in which they witness violence and

conflict, to exhibit patterns of emotional disturbances behavior problems, and
social conflict.
e. Parental Criminality
According to the social structure views, the lick between parental criminality and
child delinquency flows through the environment. Since parents and their offspring
experience similar social and economic stimuli, it should come as no surprise that
they respond in a similar fashion.
f. Family Size and Birth Order
Family size and birth order has something to do with delinquency. A family with
a great number of children is vulnerable to delinquent activities, especially if the
belongs to a poor family. Parents have limited amount of time and energy to spend
in teaching their children and cannot provides adequate needs in life.
g. Child Abuse and Neglect

1. Non – Accidental Physical Injury – battered child
2. Physical Neglect – is a failure to provide adequate food shelter, medial care and
physical security.
3. Emotional Abuse or Neglect – it is manifested by constant criticism and
rejection of the child who as a result loses self – esteem.
4. Sexual Abuse – the exploitation of children through rape, incest and
molestation.
DYNAMICS OF SEXUAL ABUSE
1. Traumatic Sexualization – the process in which a child’s sexual identity is

shaped in an inappropriate and dysfunctional way by the results of the
abuse episode.

2. Betrayal – the discovery by the abused child that someone whom they
trusted and whom they are dependent on, caused them harm.
3. Powerless – the process in which the child’s will, desires and sense of
competence are negated.
4. Stigmatization – the negative connotations, such as shame and guilt that are
communicated to the child about their experiences and that then becomes
incorporated into the child’s self – image.
5. Abandonment – the situation in which parents physically leave their children

with the intention of completely serving the parent child relationship.
Schools and Delinquency
1. Theoretical Views on School and delinquency:
a. CLASSICAL THEORY
People commit crime because of poor social control. The school can eradicate
youths about the pains of punishment and through disciplinary procedures
teach youths that behavior transgressions lead to sanctions. Education can
stress moral development.
b. POSITIVISTS THEORY
The school can compensate for psychological and biological problems. For
example; youth with low IQ’s or learning disabilities can be put in special
classes to ease their frustrations and reduce their delinquency proneness.
c. SOCIAL STRUCTURE THEORY

The school is a primary cause of delinquency. Middle class school officials
penalize lower – class youth, intensifying their rage frustrations and anomie.
d. SOCIAL PROCESS THEORY

A lack of bond to the school and non- – participation in educational activities
and intensify delinquency proneness. The school fails to provide sufficient
definition towards conventional behavior to thwart delinquency.
e. LABELING THEORY
Labeling by school officials solidifies negative self images, the stigma
associated with school failure locks youth into a delinquent carrier pattern.
f. SOCIAL CONFLICT THEORY

Schools are designed to train lower class youngsters for menial carriers and
upper-class youth to be part of the privileged society. Rebellion against these
roles promotes delinquency.
2. ACADEMIC PERFORMANCE AND DELINQUENCY
a. SCHOOL FAILURE AND DELINQUENCY

Some delinquency experts contend that delinquents who have lower IQ than
non-delinquents, a factor which might also explain their poor academic
achievement.
b. TRACKING
Academic Tracking is the placement of students into courses based on their
performance in standardized achievement tests and/or IQ tests and in previous
courses in the same discipline.

Tracking is the practice of placing students in different classes based on
perceived differences in their abilities.
FUNDAMENTAL ASSUMPTIONS OF TRACKING:
a. That student learns better when they are grouped with other students who
are considered to be like them academically.
b. That slower student develops more positive attitudes about themselves and
school when they are not placed in groups with others who are far more
capable.
c. That the placement process used to separate students into groups both
accurately and fairly reflects past achievements and native abilities.
d. That it is easier for teachers to accommodate individual differences in
homogeneous groups.
RESULTS OF TRACKING IN RELATION TO DELINQUENCY
1. SELF – FULFILLING PROPHECY

Low track students, from whom little achievement and more misbehavior are
expected, tend to live up to these often unspoken assumptions about their
behavior.
2. STIGMA
The labeling effect of placement in a low track leads to loss of self – esteem, which
increases the potential for academic failure and troublemaking both in and out of
school.
3. STUDENT SUBCULTURE
Students segregated in lower tracks develop a value system that often rewards
misbehavior rather than the academic success they feel they can never achieve.
4. FUTURE REWARDS
Low track students are less inclined to conform because they see no future
rewards for their schooling, their future are not threatened by a record of deviance
or low academic achievement.
5. GRADING POLICIES
Low track students tend to receive lower grades than other student, even for work
of equal quality based on the rationale those students who are not college – bound
are obviously less bright and do not need good grades to get into college.
6. TEACHER EFFECTIVENESS
Teachers of high – ability students make more of an effort to teach in an interesting
and challenging manner than those who instruct lower – level students.
II. Classification of Juvenile Offenders
A. GANG – Organized and Collective Delinquency

These children usually come from economically and socially deprive
areas of the city and often seek excitement and express themselves through
the gang.
B. UNSOCIALIZED AGGRESSIVE BOYS

Families where these children come from are prone to antisocial type of
parent.
There is much hate and aggression within the home and this hate is
often transmitted to the child. His frustration and hatred is the vented on the

community, where it becomes very aggressive. This youngster obviously does
not learn how to sublimate his impulses in socially acceptable manner.
C. ACCIDENTAL OFFENDER
He becomes involved in delinquent activity as a result of unforeseen
circumstances, most of the time he is law abiding.
D. OCCASIONAL OFFENDER
His delinquent behavior is planned, and he knows what he is becoming
involved in.
E. PROFESSIONAL DELINQUENCY
A delinquent who usually steals for profit, satisfying his desire.
F. MENTAL DEFECTIVE
This is an individual who has an organic problem and who has difficulty
controlling him because of it.
G. SITUATIONAL OFFENDER
His delinquency is usually precipitated by a crisis or by some external
event that he has difficulty handling it.
H. PSYCHOTIC OFFENDER
A youngster who do not have contact with reality.
I. CULTURAL OFFENDER
A youngster who has either emulated faulty identification models of lives
in an economically and socially deprived environment.
J. NEUROTIC OFFENDER
This is the youngster whose delinquency is the result of powerful
unconscious which often produce guilt which in turn motivates him to act out his
delinquency in his community so that he will be caught and punished.
K. CHARACTER DISORDER OFFENDER

He feels very little remorse when he acts out his delinquency in his
community, because of a lack of positive identification models in his
environment, he has failed to develop self – control and does what he wants to
do.
III. Treatment and Prevention Strategies
A. Transactional Analysis
Is mainly concerned with evaluating and interpreting interpersonal
relationships and dynamic transactions between the client and his environment.
Transactional analysis is based on the following assumptions:
B. Reality Therapy
The major basis of the reality therapy approach is that all persons have
certain basic needs. When they are unable to fulfill these needs, they act in an
irresponsible manner.
C. Psychotherapy
One of the basic concepts of psychotherapy is the transference, the
redirecting of feelings from the client to the therapist, which in turn enables the
therapist to probe the attitudes, thoughts, and feelings about significant persons
in the clients past through his own relationship with the client. The therapist

then interprets behavior to point out the negative dynamics, and he must also
point out the reality of the situation and of the behavior itself.
D. Group/Individual Counseling
Counseling – is a relationship in which one endeavors to help another
understand and solve his problem of adjustment.
E. Social Casework
It deals directly with the maladjusted individual to determine the kind of
help he needs and to assist him in coping with his problems. To determine the
conditions that contributes to deviant behavior and pinpointing the resources
necessary to support the client in his efforts to become a contributing member
of society.
F. Crisis Intervention
The basis of this therapy is that when a person experience a crisis, his
psychological resources may become overtaxed, making him vulnerable to
further breakdown. The resolution of the current crisis may lead to the solution
of older problems as well because of the reawakening of fears and repressed
problems that reoccur during time of crisis.
G. Activity Therapy
Focused on very young children and resistant subjects such as
delinquents and predelinquents are especially suited to this method. Children
gathered or invited to meet at a specific time and place to engage in an activity
such as group games or some artistic endeavor thereby expressing their
conditions or perspectives in life.
H. Behavioral Therapy Or Behavior Modification

Is based on the assumption that delinquent behavior is learned.
Maladaptive behavior usually has to be modified through the development of
new learning processes.
I. Vocational Counseling
The main purpose of vocational counseling is to increase the client’s
knowledge of career choices, job specifications, and qualifications and training
needed for successful employment. The counselor can help the young person
identify his interests by questioning him about his attitude towards work in
general and the specific types of employment that appeal to him.
J. Group Therapy
The emphasis is still on the individual while utilizing the group as a
mechanism to better understand the individual and his behavior. Because the
delinquent often manifests his behavior as a part of a group or a gang, it is felt
that the group therapy situation is the natural vehicle in which to view the way
he reacts to the group and the pressures it produces to influence his behavior.
K. Social Group Work

Is a social work focused on the individual in a “group setting” which
attempts to help him function more effectively in-groups and derive greater
satisfaction from this participation. Social group work method operates on its
principles.
L. Group Therapy
When compared with other group methods, is usually thought of as
having more ambitious goals, such as deep insight development and
personality restructuring. Many of the techniques utilized, however, are similar
to other group methods, and the major difference is in the degree of probing
and the intensity of the relationship.
M. Guided Group Interactions

The group and its processes give delinquent a venue to solve his
problems. The group is the major vehicle for change. Under this concept, the
delinquents will benefit from the freedom to discuss and analyze problems and
their own roles and relationships within the group.
N. Milieu Therapy
Attempts to produce an environment that will facilitate meaningful
change, increased growth, and satisfactory adjustment. This is best for
person’s reaction to unfavorable – life conditions.
Instruction : Role Playing for Family Model
Post Test:
Instruction: Oral recitation
References:

Module No: 4

Topic: The Child and Youth Welfare Code ( PD 603),
Juvenile Justice and Welfare Act of 2006. (RA 9344) and
An Act Strengthening The Juvenile Justice System In The
Philippines,(RA 10630)
Time Frame: 15hours
Introduction:
This topic covers the laws governing the juvenile justice
sytem.
1 Identify the significant legal provisions guaranteeing the right and welfare of
the youth in the Philippine society;
2 Compare Juvenile Justice and walfare act and Child and Youth Welfare
Code.
Pre-Test:
Instruction:

PRESIDENTIAL DECREE NO. 603
December 10, 1974
THE CHILD AND YOUTH WELFARE CODE
Art. 2. Title and Scope of Code. - The Code shall be known as the "Child and Youth Welfare
Code". It shall apply to persons below twenty-one years of age except those emancipated in
accordance with law. "Child" or "minor" or "youth" as used in this Code, shall refer to such
persons.
Art. 17. Joint Parental Authority. - The father and mother shall exercise jointly just and
reasonable parental authority and responsibility over their legitimate or adopted children. In
case of disagreement, the father's decision shall prevail unless there is a judicial order to the
contrary.
In case of the absence or death of either parent, the present or surviving parent shall
continue to exercise parental authority over such children, unless in case of the surviving
parent's remarriage, the court, for justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from
his mother unless the court finds compelling reasons to do so.
Art. 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned or

neglected child shall be under the parental authority of a suitable or accredited person or
institution that is caring for him as provided for under the four preceding articles, after the
child has been declared abandoned by either the court or the Department of Social Welfare.
Art. 22. Transfer to the Department of Social Welfare. - The dependent, abandoned or
neglected child may be transferred to the care of the Department of Social Welfare or a duly
licensed child-caring institution or individual in accordance with Articles 142 and 154 of this
Code, or upon the request of the person or institution exercising parental authority over him.
From the time of such transfer, the Department of Social Welfare or the duly licensed child-
caring institution or individual shall be considered the guardian of the child for all intents and
purposes.
Art. 135. Juvenile and Domestic Relations Courts. - Juvenile and Domestic Relations Courts
shall, as far as practicable, be established in every province or city to hear and decide cases
involving juvenile and domestic problems.
Art. 139. Curfew Hours for Children. - City or municipal councils may prescribe such curfew
hours for children as may be warranted by local conditions. The duty to enforce curfew
ordinances shall devolve upon the parents or guardians and the local authorities.
Any parent or guardian found grossly negligent in the performance of the duty imposed by
this article shall be admonished by the Department of Social Welfare or the Council for the
Protection of Children.
SPECIAL CATEGORIES OF CHILDREN
Chapter 1
DEPENDENT, ABANDONED AND NEGLECTED CHILDREN
Art. 141. Definition of Terms. - As used in this Chapter:
(1) A dependent child is one who is without a parent, guardian or custodian; or one whose
parents, guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.

(2) An abandoned child is 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.
(3) A neglected child is one whose basic needs have been deliberately unattended or
inadequately attended. Neglect may occur in two ways:
a) There is a 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.
b) Emotional neglect exists: when children are maltreated, raped or seduced; when
children are exploited, overworked or made to work under conditions not conducive to
good health; or are made to beg in the streets or public places, or when children are in
moral danger, or exposed to gambling, prostitution and other vices.
(4) Commitment or surrender of a child is the legal act of entrusting a child to the care of
the Department of Social Welfare or any duly licensed child placement agency or individual.
Commitment may be done in the following manner:

a) Involuntary commitment, in case of a dependent child, or through the termination of
parental or guardianship rights by reason of abandonment, substantial and continuous
or repeated neglect and/or parental incompetence to discharge parental
responsibilities, and in the manner, form and procedure hereinafter prescribed.
b) Voluntary commitment, through the relinquishment of parental or guardianship

rights in the manner and form hereinafter prescribed.
Art. 142. Petition for Involuntary Commitment of a Child: Venue. - The Department of Social
Welfare Secretary or his authorized representative or any duly licensed child placement
agency having knowledge of a child who appears to be dependent, abandoned or neglected,
may file a verified petition for involuntary commitment of said child to the care of any duly
licensed child placement agency or individual.
The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or
with the Court of First Instance of the province or City Court in which the parents or guardian
resides or the child is found.
Art. 143. Contents of Petition: Verification. - The petition for commitment must state so far as
known to the petitioner:
(1) The facts showing that the child is dependent, abandoned, or neglected;
(2) The names of the parent or parents, if known, and their residence. If the child has no
parent or parents living, then the name and residence of the guardian, if any; and
(3) The name of the duly licensed child placement agency or individual to whose care the
commitment of the child is sought.
The petition shall be verified and shall be sufficient if based upon the information and
belief of the petitioner.
Art. 149. Commitment of Child. - If, after the hearing, the child is found to be dependent,
abandoned, or neglected, an order shall be entered committing him to the care and custody
of the Department of Social Welfare or any duly licensed child placement agency or
individual.
Art. 151. Termination of Rights of Parents. - When a child shall have been committed to the
Department of Social Welfare or any duly licensed child placement agency or individual

pursuant to an order of the court, his parents or guardian shall thereafter exercise no
authority over him except upon such conditions as the court may impose.
Art. 152. Authority of Person, Agency or Institution. - The Department of Social Welfare or
any duly licensed child placement agency or individual receiving a child pursuant to an order
of the court shall be the legal guardian and entitled to his legal custody and control, be
responsible for his support as defined by law, and when proper, shall have authority to give
consent to his placement, guardianship and/or adoption.
Art. 154. Voluntary Commitment of a Child to an Institution. - The parent or guardian of a

dependent, abandoned or neglected child may voluntarily commit him to the Department of
Social Welfare or any duly licensed child placement agency or individual subject to the
provisions of the next succeeding articles.
Art. 155. Commitment Must Be in Writing. - No child shall be committed pursuant to the
preceding article unless he is surrendered in writing by his parents or guardian to the care
and custody of the Department of Social Welfare or duly licensed child placement agency. In
case of the death or legal incapacity of either parent or abandonment of the child for a period
of at least one year, the other parent alone shall have the authority to make the commitment.
The Department of Social Welfare, or any proper and duly licensed child placement agency
or individual shall have the authority to receive, train, educate, care for or arrange appropriate
placement of such child.
Art. 156. Legal Custody. - When any child shall have been committed in accordance with the
preceding article and such child shall have been accepted by the Department of Social
Welfare or any duly licensed child placement agency or individual, the rights of his natural
parents, guardian, or other custodian to exercise parental authority over him shall cease.
Such agency or individual shall be entitled to the custody and control of such child during his
minority, and shall have authority to care for, educate, train and place him out temporarily or
for custody and care in a duly licensed child placement agency. Such agency or individual
may intervene in adoption proceedings in such manner as shall best inure to the child's
welfare.
Art. 157. Visitation or Inspection. - Any duly licensed child placement agency or individual
receiving a judicial order or by voluntary commitment by his parents or guardian shall be
subject to visitation or inspection by a representative of the court or of the Department of
Social Welfare or both, as the case may be.
Art. 158. Report of Person or Institution. - Any duly licensed child placement agency or
individual receiving a child for commitment may at any time be required by the Department of
Social Welfare to submit a report, copy furnished the court, containing all necessary
information for determining whether the welfare of the child is being served.
Art. 159. Temporary Custody of Child. - Subject to regulation by the Department of Social
Welfare and with the permission of the court in case of judicial commitment, the competent
authorities of any duly licensed child placement agency or individual to which a child has
been committed may place him in the care of any suitable person, at the latter's request, for a
period not exceeding one month at a time.
The temporary custody of the child shall be discontinued if it appears that he is not
being given proper care, or at his own request, or at the instance of the agency or person
receiving him.
Art. 160. Prohibited Acts. - It shall be unlawful for any child to leave the person or institution
to which he has been judicially or voluntarily committed or the person under whose custody
he has been placed in accordance with the next preceding article, or for any person to induce
him to leave such person or institution, except in case of grave physical or moral danger,
actual or imminent, to the child.
Any violation of this article shall be punishable by an imprisonment of not more than
one year or by a fine of not more than two thousand pesos, or both such fine and
imprisonment at the discretion of the court: Provided, That if the violation is committed by a
foreigner, he shall also be subject to deportation.

If the violation is committed by a parent or legal guardian of the child, such fact shall
aggravate or mitigate the offense as circumstances shall warrant.
Art. 161. Duty to Report Abandonment. - When the parents or persons entitled to act as
guardian of a child are dead or, if living, have abandoned him, for no valid reason, for at least
six months in a duly licensed child placement agency or hospital, or left him with any other
person for the same period without providing for his care and support, such fact shall be
reported immediately to the Department of Social Welfare. In case of a child left in a hospital
immediate transfer of the child to the Department of Social Welfare or any duly licensed child
placement agency must be arranged. The Department of Social Welfare shall make
provisions for the adequate care and support of the child and shall take such action as it may
deem proper for his best interests.
Art. 162. Adoption of Dependent or Abandoned or Neglected Child. - Upon the filing of an
application by any person to adopt a dependent, abandoned or neglected child in the custody
of any institution or individual mentioned in Article 156, it shall be the duty of the provincial or
city fiscal, any recognized legal association, or any appointed de officio counsel upon being
informed of such fact, to represent the Department of Social Welfare in the proceedings. The
costs of such proceedings shall be de officio.
Art. 163. Restoration of Child After Involuntary Commitment. - The parents or guardian of a
child committed to the care of a person, agency or institution by judicial order may petition the
proper court for the restoration of his rights over the child: Provided, That the child in the
meantime, has not been priorily given away in adoption nor has left the country with the
adopting parents or the guardian. The petition shall be verified and shall state that the
petitioner is now able to take proper care and custody of said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised
thereby and cause reasonable notice thereof to be sent to the petitioner and to the person,
agency or institution to which the child has been committed. At the trial, any person may be
allowed, at the discretion of the court, to contest the right to the relief demanded, and
witnesses may be called and examined by the parties or by the court motu proprio. If it is
found that the cause for the commitment of the child no longer exists and that the petitioner is
already able to take proper care and custody of the child, the court, after taking into
consideration the best interests and the welfare of the child, shall render judgment restoring
parental authority to the petitioner.
Art. 164. Restoration After Voluntary Commitment. Upon petition filed with the Department of
Social Welfare the parent or parents or guardian who voluntarily committed a child may
recover legal custody and parental authority over him from the agency, individual or institution
to which such child was voluntarily committed when it is shown to the satisfaction of the
Department of Social Welfare that the parent, parents or guardian is in a position to
adequately provide for the needs of the child: Provided, That, the petition for restoration is
filed within six months after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be
furnished with a copy of the petition and shall be given the opportunity to be heard.
Chapter 2
MENTALLY RETARDED, PHYSICALLY HANDICAPPED,
EMOTIONALLY DISTURBED AND MENTALLY ILL CHILDREN
Art. 168. Mentally Retarded Children. - Mentally retarded children are (1) socially
incompetent, that is, socially inadequate and occupationally incompetent and unable to
manage their own affairs; (2) mentally subnormal; (3) retarded intellectually from birth or early

age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional origin, through
hereditary or disease, and (6) essentially incurable.
Art. 169. Classification of Mental Retardation. - Mental Retardation is divided into four
classifications:
(1) Custodial Group. The members of this classification are severely or profoundly
retarded, hence, the least capable group. This includes those with I.Q.s to 25.
(2) Trainable Group. The members of this group consist of those with I.Q.s from about 25
to about 50; one who belongs to this group shows a mental level and rate of development
which is 1/4 to 1/2 that of the average child, is unable to acquire higher academic skills, but
can usually acquire the basic skills for living to a reasonable degree. He can likewise attain a
primary grade level of education if he receives effective instruction.
(3) Educable Group. This group's I.Q. ranges from about 50 to about 75, and the
intellectual development is approximately 1/2 to 3/4 of that expected of a normal child of the
same chronological age. The degree of success or accomplishment that they will reach in life
depends very much on the quality and type of education they receive, as well as on the
treatment at home and in the community. Many of the educable retardates may reach 5th or
6th grade educational level and can develop occupational skills which may result in partial or
complete economic independence in adulthood.
(4) Borderline or Low Normal Group. This is the highest group of mentally retarded, with
I.Q.s from about 75 to about 89. The members of this classification are only slightly retarded
and they can usually get by in regular classes if they receive some extra help, guidance and
consideration. They have to spend much more time with their studies than do most children in
order to pass. Those who cannot make it are usually handicapped by one or more other
conditions aside from that of intelligence.
Art. 170. Physically Handicapped Children. - Physically handicapped children are those who
are crippled, deaf-mute, blind, or otherwise defective which restricts their means of action on
communication with others.
Art. 171. Emotionally Disturbed Children. - Emotionally disturbed children are 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.
Art. 172. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder,
whether functional or organic, which is of such a degree of severity as to require professional
help or hospitalization.
Art. 173. Admission of Disabled Children. - The Department of Social Welfare, upon the
application of the parents or guardians and the recommendation of any reputable diagnostic
center or clinic, shall refer and/or admit disabled children to any public or private institution
providing the proper care, training and rehabilitation.
"Disabled children" as used in this Chapter shall include mentally retarded, physically
handicapped, emotionally disturbed, and severe mentally ill children.
Art. 174. Training and Opportunities for Disabled Children. - Specialized educational services
shall be expanded and improved to provide appropriate opportunities for disabled children.
Vocational rehabilitation and manpower conservation agencies shall train disabled children
for specialized types of jobs, services and business which could be learned only by them and
shall help provide opportunities for their future occupational placement: That the agencies
and organizations engaged in programs and services for the disabled need not be limited to
minors. Persons of legal age may be admitted whenever facilities are available for them.
Art. 177. Petition for Commitment. - Where a child appears to be mentally retarded, physically
handicapped, emotionally disturbed, or mentally ill, and needs institutional care but his
parents or guardians are opposed thereto, the Department of Social Welfare, or any duly
licensed child placement agency or individual shall have the authority to file a petition for

commitment of the said child to any reputable institution providing care, training and
rehabilitation for disabled children.
The parents or guardian of the child may file a similar petition in case no immediate
placement can be arranged for the disabled child when the welfare and interest of the child is
at stake.
Art. 178. Venue. - The petition for commitment of a disabled child shall be filed with the
Juvenile and Domestic Relations Court, if any, or with the Court of First Instance of the
province or City Court where the parent or guardian resides or where the child is found.
Art. 179. Contents of Petition. - The petition for commitment must state so far as known to the
petitioner:
(1) The facts showing that the child appears to be mentally retarded, physically
handicapped, emotionally disturbed or mentally ill and needs institutional care;
(2) The Fact that the parents or guardians or any duly licensed disabled child placement
agency, as the case may be, has opposed the commitment of such child;
(3) The name of the parents and their residence, if known or if the child has no parents or
parent living, the names and residence of the guardian, if any; and
(4) The name of the institution where the child is to be committed.

The petition shall be verified and shall be sufficient if based upon the information and belief of
the petitioner.
Art. 180. Order of Hearing. - If the petition filed is sufficient in form and substance, the court,
by an order reciting the purpose of the petition, shall fix the date for the hearing thereof, and a
copy of such order shall be served on the child alleged to be mentally retarded, or physically
handicapped, or emotionally disturbed, or mentally ill, and on the person having charge of
him or any of his relatives residing in the province or city as the judge may deem proper. The
court shall furthermore order the sheriff to produce, if possible, the alleged disabled child on
the date of the hearing.
Art. 187. Discharge of Child Voluntarily Committed. - Any child voluntarily committed to an
institution for disabled children may be discharged by the Department of Social Welfare motu
proprio or upon the request of his parents or guardian on any of the grounds specified in the
preceding article. In the latter case, the Department of Social Welfare may refuse to
discharge the child if, in its opinion, his release would be prejudicial to him or to the
community.
Chapter 3
YOUTHFUL OFFENDERS
Art. 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but
under twenty-one years of age at the time of the commission of the offense.
A child nine years of age or under at the time of the offense shall be exempt from criminal
liability and shall be committed to the care of his or her father or mother, or nearest relative or
family friend in the discretion of the court and subject to its supervision. The same shall be
done for a child over nine years and under fifteen years of age at the time of the commission
of the offense, unless he acted with discernment, in which case he shall be proceeded
against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by
the provisions of this Chapter.

Art. 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement
agency concerned to take the youthful offender, immediately after his apprehension, to the
proper medical or health officer for a thorough physical and mental examination. Whenever
treatment for any physical or mental defect is indicated, steps shall be immediately
undertaken to provide the same.
The examination and treatment papers shall form part of the record of the case of the
youthful offender.
Art. 191. Care of Youthful Offender Held for Examination or Trial. - A youthful offender held
for physical and mental examination or trial or pending appeal, if unable to furnish bail, shall
from the time of his arrest be committed to the care of the Department of Social Welfare or
the local rehabilitation center or a detention home in the province or city which shall be
responsible for his appearance in court whenever required: Provided, That in the absence of
any such center or agency within a reasonable distance from the venue of the trial, the
provincial, city and municipal jail shall provide quarters for youthful offenders separate from
other detainees. The court may, in its discretion, upon recommendation of the Department of
Social Welfare or other agency or agencies authorized by the Court, release a youthful
offender on recognizance, to the custody of his parents or other suitable person who shall be
responsible for his appearance whenever required.
Art. 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the
evidence in the proper proceedings, the court should find that the youthful offender has
committed the acts charged against him the court shall determine the imposable penalty,
including any civil liability chargeable against him. However, instead of pronouncing judgment
of conviction, the court shall suspend all further proceedings and shall commit such minor to
the custody or care of the Department of Social Welfare, or to any training institution operated
by the government, or duly licensed agencies or any other responsible person, until he shall
have reached twenty-one years of age or, for a shorter period as the court may deem proper,
after considering the reports and recommendations of the Department of Social Welfare or
the agency or responsible individual under whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative

of the Department of Social Welfare or any duly licensed agency or such other officer as the
Court may designate subject to such conditions as it may prescribe.
Art. 193. Appeal. - The youthful offender whose sentence is suspended can appeal from the
order of the court in the same manner as appeals in criminal cases.
Art. 194. Care and Maintenance of Youthful Offender. - The expenses for the care and
maintenance of the youthful offender whose sentence has been suspended shall be borne by
his parents or those persons liable to support him: Provided, That in case his parents or
those persons liable to support him can not pay all or part of said expenses, the municipality
in which the offense was committed shall pay one-third of said expenses or part thereof; the
province to which the municipality belongs shall pay one-third; and the remaining one-third
shall be borne by the National Government. Chartered cities shall pay two-thirds of said
expenses; and in case a chartered city cannot pay said expenses, part of the internal
revenue allotments applicable to the unpaid portion shall be withheld and applied to the
settlement of said indebtedness.
All city and provincial governments must exert efforts for the immediate establishment
of local detention homes for youthful offenders.
Art. 195. Report on Conduct of Child. - The Department of Social Welfare or its
representative or duly licensed agency or individual under whose care the youthful offender
has been committed shall submit to the court every four months or oftener as may be
required in special cases, a written report on the conduct of said youthful offender as well as
the intellectual, physical, moral, social and emotional progress made by him.
Art. 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the youthful
offender whose sentence has been suspended, has behaved properly and has shown his
capability to be a useful member of the community, even before reaching the age of majority,
upon recommendation of the Department of Social Welfare, it shall dismiss the case and
order his final discharge.
Art. 197. Return of the Youth Offender to Court. - Whenever the youthful offender has been
found incorrigible or has willfully failed to comply with the conditions of his rehabilitation
programs, or should his continued stay in the training institution be inadvisable, he shall be
returned to the committing court for the pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while in commitment,
the court shall determine whether to dismiss the case in accordance with the next preceding
article or to pronounce the judgment of conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his
sentence with the full time spent in actual commitment and detention effected under the
provisions of this Chapter.
Art. 198. Effect of Release of Child Based on Good Conduct. - The final release of a child
pursuant to the provisions of this Chapter shall not obliterate his civil liabili ty for damages.
Such release shall be without prejudice to the right for a writ of execution for the recovery of
civil damages.
Art. 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of conviction is
pronounced in accordance with the provisions of Article 197, and at the time of said
pronouncement the youthful offender is still under twenty-one, he shall be committed to the
proper penal institution to serve the remaining period of his sentence: Provided, That penal
institutions shall provide youthful offenders with separate quarters and, as far as practicable,
group them according to appropriate age levels or other criteria as will insure their speedy
rehabilitation: Provided, further, That the Bureau of Prisons shall maintain agricultural and
forestry camps where youthful offenders may serve their sentence in lieu of confinement in
regular penitentiaries.
Art. 200. Records of Proceedings. - Where a youthful offender has been charged before any
city or provincial fiscal or before any municipal judge and the charges have been ordered
dropped, all the records of the case shall be destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses
the case or commits him to an institution and subsequently releases him pursuant to this
Chapter, all the records of his case shall be destroyed immediately after such acquittal,
dismissal or release, unless civil liability has also been imposed in the criminal action, in
which case such records shall be destroyed after satisfaction of such civil liability. The
youthful offender concerned shall not be held under any provision of law, to be guilty of
perjury or of concealment or misrepresentation by reason of his failure to acknowledge the
case or recite any fact related thereto in response to any inquiry made of him for any
purpose.
"Records" within the meaning of this article shall include those which may be in the
files of the National Bureau of Investigation and with any police department, or any other
government agency which may have been involved in the case.
Art. 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by a
youthful offender shall devolve upon the offender's father and, in case of his death or
incapacity, upon the mother, or in case of her death or incapacity, upon the guardian. Civi l
liability may also be voluntarily assumed by a relative or family friend of the youthful offender.
Art. 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional
rehabilitation centers for youthful offenders. The local government and other non-
governmental entities shall collaborate and contribute their support for the establishment and
maintenance of these facilities.

Art. 203. Detention Homes. - The Department of Local Government and Community
Development shall establish detention homes in cities and provinces distinct and separate
from jails pending the disposition of cases of juvenile offenders.
Art. 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts
by Their Children or Wards. - A person whether the parent or guardian of the child or not,
who knowingly or willfully,
(1) Aids, causes, abets or connives with the commission by a child of a delinquency, or
(2) Does any act producing, promoting, or contributing to a child's being or becoming a
juvenile delinquent, shall be punished by a fine not exceeding five hundred pesos or to
imprisonment for a period not exceeding two years, or both such fine and imprisonment, at
the discretion of the court.
REPUBLIC ACT No. 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE

SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and
Welfare Act of 2006." It shall cover the different stages involving children at risk and children
in conflict with the law from prevention to rehabilitation and reintegration.
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.
(c) "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, such as, but not
limited to, the following:
(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are unwilling, or unable to
provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or
guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;

(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
(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.
(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) "Court" refers to a family court or, in places where there are no family courts, any
regional trial court.
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the

placement of a child in conflict with the law in a public or private custodial setting, from which
the child in conflict with the law is not permitted to leave at will by order of any judicial or
administrative authority.
(i) "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.
(j) "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.
(k) "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.
(I) "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 counseling, skills training, education, and other activities that will
enhance his/her psychological, emotional and psycho-social well-being.
(m) "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, re-integration and aftercare to
ensure their normal growth and development.
(n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined
in Article 152 of the Revised Penal Code, including a barangay tanod.
(o) "Offense" refers to any act or omission whether punishable under special laws or the
Revised Penal Code, as amended.
(p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or

custodian who shall be responsible for the appearance in court of the child in conflict with the
law, when required.
(q) "Restorative Justice" refers to a principle which requires a process of resolving

conflicts with the maximum involvement of the victim, the offender and the community. It
seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she can be reintegrated into society. It
also enhances public safety by activating the offender, the victim and the community in
prevention strategies.
(r) "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.
(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by

accredited local government units (LGUs) and licensed and/or accredited nongovernment
organizations (NGOs) providing short-term residential care for children in conflict with the law
who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
(t) "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.
(u) "Victimless Crimes" refers to offenses where there is no private offended party.
CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE
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:
(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment
or punishment;
(b) the right not to be imposed a sentence of capital punishment or life imprisonment,
without the possibility of release;
(c) 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;
(d) 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
(e) 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;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a
child witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) 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;
(k) 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;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the

Probation Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation; and
(o) other rights as provided for under existing laws, rules and regulations.
The State further adopts the provisions of the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines for the
Prevention of Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations Rules
for the Protection of Juveniles Deprived of Liberty.
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. 7. Determination of Age. - The child in conflict with the law shall enjoy the
presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until
he/she is proven to be eighteen (18) years old or older. The age of a child may be determined
from the child's birth certificate, baptismal certificate or any other pertinent documents. In the
absence of these documents, age may be based on information from the child
himself/herself, testimonies of other persons, the physical appearance of the child and other
relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her
favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the
information in any appropriate court may file a case in a summary proceeding for the
determination of age before the Family Court which shall decide the case within twenty-four
(24) hours from receipt of the appropriate pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the
appropriate court, the person shall file a motion to determine the age of the child in the same
court where the case is pending. Pending hearing on the said motion, proceedings on the
main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government
officials concerned shall exert all efforts at determining the age of the child in conflict with the
law.
TITLE II
STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

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. It shall ensure the effective implementation
of this Act and coordination among the following agencies:
(a) Council for the Welfare of Children (CWC);

(b) Department of Education (DepEd);
(c) Department of the Interior and Local Government (DILG);
(d) Public Attorney's Office (PAO);
(e) Bureau of Corrections (BUCOR);
(f) Parole and Probation Administration (PPA)
(g) National Bureau of Investigation (NBI);
(h) Philippine National Police (PNP);
(i) Bureau of Jail Management and Penology (BJMP);
(i) Commission on Human Rights (CHR);
(k) Technical Education and Skills Development Authority (TESDA);
(l) National Youth Commission (NYC); and
(m) Other institutions focused on juvenile justice and intervention programs.
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:
(a) Department of Justice (DOJ);

(b) Department of Social Welfare and Development (DSWD);
(c) Council for the Welfare of Children (CWC)
(d) Department of Education (DepEd);
(e) Department of the Interior and Local Government (DILG)
(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and
(h) 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.
The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The
Secretary of Justice and the Secretary of Social Welfare and Development shall determine
the organizational structure and staffing pattern of the JJWC.
The JJWC shall coordinate with the Office of the Court Administrator and the
Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge
of its duties and functions, as herein provided.
SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and
functions:
(a) To oversee the implementation of this Act;
(b) To advise the President on all matters and policies relating to juvenile justice and
welfare;
(c) 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;
(d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention

program, with the participation of government agencies concerned, NGOs and youth
organizations;
(e) 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;

(f) 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;
(g) 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:
(1) the performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies;
(2) the periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) the particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of the administration
of juvenile justice and welfare system.
The JJWC shall set up a mechanism to ensure that children are involved in research
and policy development.
(h) Through duly designated persons and with the assistance of the agencies provided in
the preceding section, to conduct regular inspections in detention and rehabilitation facilities
and to undertake spot inspections on their own initiative in order to check compliance with the
standards provided herein and to make the necessary recommendations to appropriate
agencies;
(i) To initiate and coordinate the conduct of trainings for the personnel of the agencies
involved in the administration of the juvenile justice and welfare system and the juvenile
intervention program;
(j) To submit an annual report to the President on the implementation of this Act; and
(k) To perform such other functions as may be necessary to implement the provisions of
this Act.
SEC. 10. Policies and Procedures on Juvenile Justice and Welfare. - All government
agencies enumerated in Section 8 shall, with the assistance of the JJWC and within one (1)
year from the effectivity of this Act, draft policies and procedures consistent with the
standards set in the law. These policies and procedures shall be modified accordingly in
consultation with the JJWC upon the completion of the national juvenile intervention program
as provided under Section 9 (d).
SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the Commission
on Human Rights shall ensure that the status, rights and interests of children are upheld in
accordance with the Constitution and international instruments on human rights. The CHR
shall strengthen the monitoring of government compliance of all treaty obligations, including
the timely and regular submission of reports before the treaty bodies, as well as the
implementation and dissemination of recommendations and conclusions by government
agencies as well as NGOs and civil society.
SEC. 15. Establishment and Strengthening of Local Councils for the Protection of
Children. - Local Councils for the Protection of Children (LCPC) shall be established in all
levels of local government, and where they have already been established, they shall be
strengthened within one (1) year from the effectivity of this Act. Membership in the LCPC
shall be chosen from among the responsible members of the community, including a
representative from the youth sector, as well as representatives from government and private
agencies concerned with the welfare of children.

The local council shall serve as the primary agency to coordinate with and assist the LGU
concerned for the adoption of a comprehensive plan on delinquency prevention, and to
oversee its proper implementation.
One percent (1%) of the internal revenue allotment of barangays, municipalities and cities
shall be allocated for the strengthening and implementation of the programs of the LCPC:
Provided, That the disbursement of the fund shall be made by the LGU concerned.
SEC. 16. Appointment of Local Social Welfare and Development Officer. - All LGUs shall
appoint a duly licensed social worker as its local social welfare and development officer
tasked to assist children in conflict with the law.
SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate
with the LCPC in the formulation and implementation of juvenile intervention and diversion
programs in the community.
CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
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. Such programs shall be
implemented consistent with the national program formulated and designed by the JJWC.
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:
(a) Primary intervention includes general measures to promote social justice and equal
opportunity, which tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and
(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal
justice system and other measures to prevent re-offending.
TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined
that the child taken into custody is fifteen (15) years old or below, the authority which will
have an initial contact with the child has the duty to immediately release the child to the
custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative.
Said authority shall give notice to the local social welfare and development officer who will
determine the appropriate programs in consultation with the child and to the person having
custody over the child. If the parents, guardians or nearest relatives cannot be located, or if
they refuse to take custody, the child may be released to any of the following: a duly
registered nongovernmental or religious organization; a barangay official or a member of the
Barangay Council for the Protection of Children (BCPC); a local social welfare and
development officer; or when and where appropriate, the DSWD. If the child referred to
herein has been found by the Local Social Welfare and Development Office to be
abandoned, neglected or abused by his parents, or in the event that the parents will not
comply with the prevention program, the proper petition for involuntary commitment shall be
filed by the DSWD or the Local Social Welfare and Development Office pursuant to
Presidential Decree No. 603, otherwise, known as "The Child and Youth Welfare Code".
TITLE V
JUVENILE JUSTICE AND WELFARE SYSTEM
CHAPTER I
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken
into custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand
why he/she is being placed under custody and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;
(c) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or
making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force
or restraint, unless absolutely necessary and only after all other methods of control have
been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of
the child to the Social Welfare and Development Office or other accredited NGOs, and notify
the child's apprehension. The social welfare and development officer shall explain to the child
and the child's parents/guardians the consequences of the child's act with a view towards
counseling and rehabilitation, diversion from the criminal justice system, and reparation, if
appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept confidential unless
otherwise ordered by the Family Court. Whenever the medical treatment is required, steps
shall be immediately undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law be necessary, the child
shall be secured in quarters separate from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:

1. Whether handcuffs or other instruments of restraint were used, and if so, the reason
for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been
informed of the apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details
of the physical and medical examination or the failure to submit a child to such examination;
and
(m) Ensure that all statements signed by the child during investigation shall be witnessed
by the child's parents or guardian, social worker, or legal counsel in attendance who shall
affix his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the
same gender and shall not be locked up in a detention cell.
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:
(a) 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
(b) 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.
CHAPTER 2
DIVERSION
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:
(a) 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 LC PC 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 the objectives of restorative justice and the formulation of a diversion program.
The child and his/her family shall be present in these activities.
(b) 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;
(c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.

SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at
the Katarungang Pambarangay, the police investigation or the inquest or preliminary
investigation stage and at all 1evels and phases of the proceedings including judicial level.
SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may
undergo conferencing, mediation or conciliation outside the criminal justice system or prior to
his entry into said system. A contract of diversion may be entered into during such
conferencing, mediation or conciliation proceedings.
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. 28. Duty of the Law Enforcement Officer 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 Women and Children Protection Desk of the PNP, or
other law enforcement officer handling the case of the child under custody, to the prosecutor
or judge concerned for the conduct of inquest and/or preliminary investigation to determine
whether or not the child should remain under custody and correspondingly charged in court.
The document transmitting said records shall display the word "CHILD" in bold letters.
SEC. 29. Factors in Determining Diversion Program. - In determining whether diversion is

appropriate and desirable, the following factors shall be taken into consideration:
(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child.

SEC. 30. Formulation of the Diversion Program. - In formulating a diversion program, the
individual characteristics and the peculiar circumstances of the child in conflict with the law
shall be used to formulate an individualized treatment.
The following factors shall be considered in formulating a diversion program for the child:
(a) The child's feelings of remorse for the offense he/she committed;
(b) The parents' or legal guardians' ability to guide and supervise the child;
(c) The victim's view about the propriety of the measures to be imposed; and
(d) The availability of community-based programs for rehabilitation and reintegration of the
child.
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 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:

(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child's family;
(7)Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing with situations which can lead to
repetition of the offense;
(8) Participation in available community-based programs, including community service;
or
(9) Participation in education, vocation and life skills programs.
(b) At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;
(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs(a)and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.
CHAPTER 3
PROSECUTION
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to
conduct inquest, preliminary investigation and prosecution of cases involving a child in
conflict with the law. If there is an allegation of torture or ill-treatment of a child in conflict with
the law during arrest or detention, it shall be the duty of the prosecutor to investigate the
same.
SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall
conduct a preliminary investigation in the following instances: (a) when the chi ld in conflict
with the law does not qualify for diversion: (b) when the child, his/her parents or guardian

does not agree to diversion as specified in Sections 27 and 28; and (c) when considering the
assessment and recommendation of the social worker, the prosecutor determines that
diversion is not appropriate for the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the
Public Attorney's Office of such service, as well as the personal information, and place of
detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the child
shall be filed before the Family Court within forty-five (45) days from the start of the
preliminary investigation.
CHAPTER 4
COURT PROCEEDINGS
SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating
circumstance of minority shall be considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
(a) the release of the minor on recognizance to his/her parents and other suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of his/her
case.
SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial may be
released on bail or recognizance as provided for under Sections 34 and 35 under this Act. In
all other cases and whenever possible, detention pending trial may be replaced by alternative
measures, such as close supervision, intensive care or placement with a family or in an
educational setting or home. Institutionalization or detention of the child pending trial shall be
used only as a measure of last resort and for the shortest possible period of time.
Whenever detention is necessary, a child will always be detained in youth detention homes
established by local governments, pursuant to Section 8 of the Family Courts Act, in the city
or municipality where the child resides.
In the absence of a youth detention home, the child in conflict with the law may be
committed to the care of the DSWD or a local rehabilitation center recognized by the
government in the province, city or municipality within the jurisdiction of the court. The center
or agency concerned shall be responsible for the child's appearance in court whenever
required.
SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the
offense with which the child in conflict with the law is charged is imprisonment of not more
than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and
before arraignment of the child in conflict with the law, the court shall determine whether or
not diversion is appropriate.
SEC. 38. 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 chcumstances 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. 39. 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. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the
objective of the disposition measures imposed upon the child in conflict with the law have not
been fulfilled, or if the child in conflict with the law has willfully failed to comply with the
conditions of his/her disposition or rehabilitation program, the child in conflict with the law
shall be brought before the court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while under
suspended sentence, the court shall determine whether to discharge the child in accordance
with this Act, to order execution of sentence, or to extend the suspended sentence for a
certain specified period or until the child reaches the maximum age of twenty-one (21) years.
SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited
in the services of his/her sentence with the full time spent in actual commitment and detention
under this Act.
SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall have
convicted and sentenced a child in conflict with the law, and upon application at any time,
place the child on probation in lieu of service of his/her sentence taking into account the best
interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise
known as the "Probation Law of 1976", is hereby amended accordingly.
CHAPTER 5
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
SEC. 43. Confidentiality of Records and Proceedings. - All records and proceedings
involving children in conflict with the law from initial contact until final disposition of the case
shall be considered privileged and confidential. The public shall be excluded during the
proceedings and the records shall not be disclosed directly or indirectly to anyone by any of
the parties or the participants in the proceedings for any purpose whatsoever, except to
determine if the child in conflict with the law may have his/hes sentence suspended or if
he/she may be granted probation under the Probation Law, or to enforce the civil liability
imposed in the criminal action.
The component authorities shall undertake all measures to protect this confidentiality of
proceedings, including non-disclosure of records to the media, maintaining a separate police
blotter for cases involving children in conflict with the law and adopting a system of coding to
conceal material information which will lead to the child's identity. Records of a child in
conflict with the law shall not be used in subsequent proceedings for cases involving the
same offender as an adult, except when beneficial for the offender and upon his/her written
consent.
A person who has been in conflict with the law as a child shall not be held under any
provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of
his/her failure to acknowledge the case or recite any fact related thereto in response to any
inquiry made to him/her for any purpose.
TITLE VI
REHABILITATION AND REINTEGRATION
SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of rehabilitation

and reintegration of children in conflict with the law is to provide them with interventions,
approaches and strategies that will enable them to improve their social functioning with the
end goal of reintegration to their families and as productive members of their communities.
SEC. 45. Court Order Required. - No child shall be received in any rehabilitation or training
facility without a valid order issued by the court after a hearing for the purpose. The details of
this order shall be immediately entered in a register exclusively for children in conflict with the
law. No child shall be admitted in any facility where there is no such register.
SEC. 46, Separate Facilities from Adults. - In all rehabilitation or training facilities, it shall
be mandatory that children shall be separated from adults unless they are members of the
same family. Under no other circumstance shall a child in conflict with the law be placed in
the same confinement as adults.
The rehabilitation, training or confinement area of children in conflict with the law shall
provide a home environment where children in conflict with the law can be provided with
quality counseling and treatment.
SEC. 47. Female Children. - Female children in conflict with the law placed in an institution
shall be given special attention as to their personal needs and problems. They shall be
handled by female doctors, correction officers and social workers, and shall be
accommodated separately from male children in conflict with the law.
SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities

shall handle children in conflict with the law without having undergone gender sensitivity
training.
SEC. 49. Establishment of Youth Detention Homes. - The LGUs shall set aside an amount
to build youth detention homes as mandated by the Family Courts Act. Youth detention
homes may also be established by private and NGOs licensed and accredited by the DSWD,
in consultation with the JJWC.
SEC. 50. Care and Maintenance of the Child in Conflict with the Law. - The expenses for
the care and maintenance of a child in conflict with the law under institutional care shall be
borne by his/her parents or those persons liable to support him/her: Provided, That in case
his/her parents or those persons liable to support him/her cannot pay all or part of said
expenses, the municipality where the offense was committed shall pay one-third (1/3) of said
expenses or part thereof; the province to which the municipality belongs shall pay one-third
(1/3) and the remaining one-third (1/3) shall be borne by the national government. Chartered
cities shall pay two-thirds (2/3) of said expenses; and in case a chartered city cannot pay said
expenses, part of the internal revenue allotments applicable to the unpaid portion shall be
withheld and applied to the settlement of said obligations: Provided, further, That in the event
that the child in conflict with the law is not a resident of the municipality/city where the offense
was committed, the court, upon its determination, may require the city/municipality where the
child in conflict with the law resides to shoulder the cost.
All city and provincial governments must exert effort for the immediate establishment of
local detention homes for children in conflict with the law.
SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training
Facilities. - A child in conflict with the law may, after conviction and upon order of the court,
be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an
agricultural camp and other training facilities that may be established, maintained, supervised
and controlled by the BUCOR, in coordination with the DSWD.
SEC. 52. Rehabilitation of Children in Conflict with the Law. - Children in conflict with the
law, whose sentences are suspended may, upon order of the court, undergo any or a
combination of disposition measures best suited to the rehabilitation and welfare of the child
as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.
If the community-based rehabilitation is availed of by a child in conflict with the law, he/she
shall be released to parents, guardians, relatives or any other responsible person in the
community. Under the supervision and guidance of the local social welfare and development
officer, and in coordination with his/her parents/guardian, the child in conflict with the law
shall participate in community-based programs, which shall include, but not limited to:
(1) Competency and life skills development;
(2) Socio-cultural and recreational activities;
(3) Community volunteer projects;
(4) Leadership training;
(5) Social services;
(6) Homelife services;
(7) Health services; .
(8) Spiritual enrichment; and
(9) Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law shall endeavor to
actively participate in the community-based rehabilitation.
Based on the progress of the youth in the community, a final report will be forwarded by
the local social welfare and development officer to the court for final disposition of the case.
If the community-based programs are provided as 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 structured therapeutic environment with the end view
of reintegrating them in their families and communities as socially functioning individuals. A
quarterly report shall be submitted by the center to the proper court on the progress of the
children in conflict with the law. Based on the progress of the youth in the center, a final
report will be forwarded to the court for final disposition of the case. The DSWD shall
establish youth rehabilitation centers in each region of the country.
SEC. 54. Objectives of Community Based Programs. - The objectives of community-

based programs are as follows:
(a) Prevent disruption in the education or means of livelihood of the child in conflict with
the law in case he/she is studying, working or attending vocational learning institutions;
(b) Prevent separation of the child in conflict with the law from his/her parents/guardians
to maintain the support system fostered by their relationship and to create greater awareness
of their mutual and reciprocal responsibilities;
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and
encourage community support and involvement; and
(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail
detention.
SEC. 55. Criteria of Community-Based Programs. - Every LGU shall establish community-
based programs that will focus on the rehabilitation and reintegration of the child. All
programs shall meet the criteria to be established by the JJWC which shall take into account
the purpose of the program, the need for the consent of the child and his/her parents or legal
guardians, and the participation of the child-centered agencies whether public or private.
SEC. 56. After-Care Support Services for Children in Conflict with the Law. - Children in
conflict with the law whose cases have been dismissed by the proper court because of good
behavior as per recommendation of the DSWD social worker and/or any accredited NGO
youth rehabilitation center shall be provided after-care services by the local social welfare
and development officer for a period of at least six (6) months. The service includes
counseling and other community-based services designed to facilitate social reintegration,
prevent re-offending and make the children productive members of the community.

TITLE VII
GENERAL PROVISIONS
CHAPTER 1
EXEMPTING PROVISIONS
SEC. 57. Status Offenees. - 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.
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age
shall be exempt from prosecution for the crime of vagrancy and prostitution under Section
202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and
sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent
with the United Nations Convention on the Rights of the Child: Provided, That said persons
shall undergo appropriate counseling and treatment program.
SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the
Revised Penal Code, as amended, Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, and other special laws notwithstanding, no
death penalty shall be imposed upon children in conflict with the law.
CHAPTER 2
PROHIBITED ACTS
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the proceedings
beginning from the initial contact with the child, the competent authorities must refrain from
branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching
to them in any manner any other derogatory names. Likewise, no discriminatory remarks and
practices shall be allowed particularly with respect to the child's class or ethnic origin.
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be
considered prejudicial and detrimental to the psychological, emotional, social, spiritual,moral
and physical health and well-being of the child in conflict with the law and therefore,
prohibited:
(a) Employment of threats of whatever kind and nature;

(b) Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving
the heads, pouring irritating, corrosive or harmful substances over the body of the child in
conflict with the law, or forcing him/her to walk around the community wearing signs which
embarrass, humiliate, and degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under any
and all instances.
CHAPTER 3
PENAL PROVISION
SEC. 62. Violation of the Provisions of this Act or Rules or Regulations in General. -
Any person who violates any provision of this Act or any rule or regulation promulgated in
accordance thereof shall, upon conviction for each act or omission, be punished by a fine of
not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos
(P50,000.00) or suffer imprisonment of not less than eight (8) years but not more than ten
(10) years, or both such fine and imprisonment at the discretion of the court, unless a higher
penalty is provided for in the Revised Penal Code or special laws. If the offender is a public
officer or employee, he/she shall, in addition to such fine and/or imprisonment, be held
administratively liable and shall suffer the penalty of perpetual absolute disqualification.
CHAPTER 4
APPROPRIATION PROVISION
SEC. 63. Appropriations. - The amount necessary to carry out the initial implementation of
this Act shall be charged to the Office of the President. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the succeeding
General Appropriations Act.
An initial amount of Fifty million pesos (P50,000,000.00) for the purpose of setting up the
JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office.
TITLE VIII
TRANSITORY PROVISIONS
SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon
effectivity of this Act, cases of children fifteen (15) years old and below at the time of the
commission of the crime shall immediately be dismissed and the child shall be referred to the
appropriate local social welfare and development officer. Such officer, upon thorough
assessment of the child, shall determine whether to release the child to the custody of his/her
parents, or refer the child to prevention programs as provided under this Act. Those with
suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall
likewise be released, unless it is contrary to the best interest of the child.
SEC. 65. Children Detained Pending Dial. - If the child is detained pending trial, the Family
Court shall also determine whether or not continued detention is necessary and, if not,
determine appropriate alternatives for detention.
If detention is necessary and he/she is detained with adults, the court shall immediately order
the transfer of the child to a youth detention home.
SEC. 66. Inventory of "Locked-up" and Detained Children in Conflict with the Law. -
The PNP, the BJMP and the BUCOR are hereby directed to submit to the JJWC, within
ninety (90) days from the effectivity of this Act, an inventory of all children in conflict with the
law under their custody.
SEC. 67. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and
Court Proceedings. - If a child reaches the age of eighteen (18) years pending diversion and
court proceedings, the appropriate diversion authority in consultation with the local social
welfare and development officer or the Family Court in consultation with the Social Services
and Counseling Division (SSCD) of the Supreme Court, as the case may be, shall determine
the appropriate disposition. In case the appropriate court executes the judgment of
conviction, and unless the child in conflict the law has already availed of probation under
Presidential Decree No. 603 or other similar laws, the child may apply for probation if
qualified under the provisions of the Probation Law.
SEC. 68. Children Who Have Been Convicted and are Serving Sentence. - Persons who
have been convicted and are serving sentence at the time of the effectivity of this Act, and
who were below the age of eighteen (18) years at the time the commission of the offense for
which they were convicted and are serving sentence, shall likewise benefit from the
retroactive application of this Act. They shall be entitled to appropriate dispositions provided
under this Act and their sentences shall be adjusted accordingly. They shall be immediately
released if they are so qualified under this Act or other applicable law.
REPUBLIC ACT NO. 10630
AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES,

AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS
THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006" AND APPROPRIATING
FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. The Title of Republic Act No. 9344 is hereby amended to read as follows: "An Act
Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile
justice and Welfare Council under the Department of Social Welfare and Development,
Appropriating Funds Therefor, and for Other Purposes."
Section 2. Section 4 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 4. Definition of Terms. – The following terms as used in this Act shall be defined
as follows:
"x x x
"(s) ‘Bahay Pag-asa’ – refers to a 24-hour child-caring institution established, funded

and managed by local government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-term residential care for children
in conflict with the law who are above fifteen (15) but below eighteen (18) years of age
who are awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.
"Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile intervention and

support center. This will cater to children in conflict with the law in accordance with
Sections 20, 20-A and 20-B hereof.
"A multi-disciplinary team composed of a social worker, a psychologist/mental health

professional, a medical doctor, an educational/guidance counselor and a Barangay
Council for the Protection of Children (BCPC) member shall operate the ‘Bahay Pag-
asa’. The team will work on the individualized intervention plan with the child and the
child’s family.
"x x x."
"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 is deemed to be fifteen (15) years of age on the day of the fifteenth
anniversary of his/her birthdate.
"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 Social
Welfare and Development and placed under its administrative supervision. The JJWC
shall be chaired by an Undersecretary of the Department of Social Welfare and
Development. It shall ensure the effective implementation of this Act and coordination
among the following agencies:
"(a) Department of Justice (DOJ);

"(b) Council for the Welfare of Children (CWC);
"(c) Department of Education (DepED);
"(d) Department of the Interior and Local Government (DILG);
"(e) Public Attorney’s Office (PAO);
"(f) Bureau of Corrections (BUCOR);
"(g) Parole and Probation Administration (PPA);
"(h) National Bureau of Investigation (NBI);
"(i) Philippine National Police (PNP);
"(j) Bureau of Jail Management and Penology (BJMP);
"(k) Commission on Human Rights (CHR);
"(l) Technical Education and Skills Development Authority (TESDA);
"(m) National Youth Commission (NYC); and
"(n) Other institutions focused on juvenile justice and intervention programs.
"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 and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations:
"(1) Department of Justice (DOJ);
"(2) Department of Social Welfare and Development (DSWD);
"(3) Council for the Welfare of Children (CWC);
"(4) Department of Education (DepED);
"(5) Department of the Interior and Local Government (DILG);
"(6) Commission on Human Rights (CHR);
"(7) National Youth Commission (NYC);
"(8) Two (2) representatives from NGOs, to be designated by the Secretary of

Social Welfare and Development, to be selected based on the criteria
established by the Council;
"(9) Department of Health (DOH); and
"(10) One (1) representative each from the League of Provinces, League of
Cities, League of Municipalities and League of Barangays.
"There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each
region. The RJJWCs will be under the administration and supervision of the JJWC.
The RJJWC shall be chaired by the director of the regional office of the DSWD. It shall
ensure the effective implementation of this Act at the regional and LGU levels and the
coordination among its member agencies.
"The RJJWC will be composed of permanent representatives who shall have a rank
not lower than an assistant regional director or its equivalent to be designated by the
concerned department heads from the following agencies and shall receive
emoluments as may be determined by the Council in accordance with existing budget
and accounting rules and regulations:
"(i) Department of Justice (DOJ);
"(ii) Department of Social Welfare and Development (DSWD);
"(iii) Department of Education (DepED);
"(iv) Department of the Interior and Local Government (DILG);
"(v) Commission on Human Rights (CHR);
"(vi) Department of Health (DOH);
"(vii) Two (2) representatives from NGOs operating within the region selected
by the RJJWC based on the criteria established by the JJWC;
"(viii) One (1) sectoral representative from the children or youth sector within the
region; and
"(ix) One (1) representative from the League of Provinces/ Cities/ Municipalities/
Barangays of the Philippines.
"The JJWC shall convene within fifteen (15) days from the effectivity of this Act. The
Secretary of Social Welfare and Development shall determine the organizational
structure and staffing pattern of the JJWC national secretariat and the RJJWC
secretariat.
"In the implementation of this Act, the JJWC shall consult with the various leagues of
local government officials.
"The JJWC shall coordinate with the Office of the Court Administrator and the
Philippine Judicial Academy to ensure the realization of its mandate and the proper
discharge of its duties and functions, as herein provided."
Section5. Section 9 of Republic Act No. 9344 is hereby amended to read as follows:
"SEC. 9. Duties and Functions of the JJWC. – The JJWC shall have the following
duties and functions:
"(a) To oversee the implementation of this Act;
"(b) To advise the President on all matters and policies relating to juvenile
justice and welfare;
"(c) 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;
"(d) To periodically develop a comprehensive 3 to 5-year national juvenile

intervention program, with the participation of government agencies concerned,
NGOs and youth organizations;
"(e) 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;
"(f) To consult with the various leagues of local government officials in the
formulation and recommendation of policies and strategies for the prevention of
juvenile delinquency and the promotion of juvenile justice and welfare;
"(g) 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;
"(h) 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:
"(1) The performance and results achieved by juvenile intervention

programs and by activities of the local government units and other
government agencies;
"(2) The periodic trends, problems and causes of juvenile delinquency

and crimes; and
"(3) The particular needs of children in conflict with the law in custody.
"The data gathered shall be used by the JJWC in the improvement of the
administration of juvenile justice and welfare system.
"The JJWC shall submit an annual report to Congress on the implementation of

the provisions of this Act.
"The JJWC shall set up a mechanism to ensure that children are involved in
research and policy development.
"(i) Through duly designated persons and with the assistance of the agencies
provided in the preceding section, to conduct regular inspections in detention
and rehabilitation facilities and to undertake spot inspections on their own
initiative in order to check compliance with the standards provided herein and to
make the necessary recommendations to appropriate agencies;
"(j) To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the juvenile justice and welfare
system and the juvenile intervention program;
"(k) To submit an annual report to the President on the implementation of this

Act; and
"(l) To perform such other functions as may be necessary to implement the

provisions of this Act."
"SEC. 9-A. Duties and Functions of the RJJWC. – The RJJWC shall have the following
duties and functions:
"(a) To oversee and ensure the effective implementation of this Act at the
regional level and at the level of the LGUs;

"(b) To assist the concerned agencies in the implementation and in compliance
with the JJWC’s adopted policies/regulations or provide substantial inputs to the
JJWC in the formulation of new ones in line with the provisions of this Act;
"(c) To assist in the development of the comprehensive 3 to 5-year local

juvenile intervention program, with the participation of concerned LGUs, NGOs
and youth organizations within the region and monitor its implementation;
"(d) To coordinate the implementation of the juvenile intervention programs and

activities by national government agencies and other activities within the region;
"(e) To oversee the programs and operation of the intensive juvenile

intervention and support center established within the region;
"(f) To collect relevant regional information and conduct continuing research

and support evaluations and studies on all matters relating to juvenile justice
and welfare within the region, such as, but not limited to:
"(1) Performance and results achieved by juvenile intervention programs

and by activities of the LGUs and other government agencies within the
region;
"(2) The periodic trends, problems and causes of juvenile delinquency

and crimes from the LGU level to the regional level; and
"(3) The particular needs of children in conflict with the law in custody
within their regional jurisdiction.
"The data gathered shall be forwarded by the RJJWC to the JJWC on an

annual basis and as may be deemed necessary by the JJWC.
"(g) Through duly designated persons and with the assistance of the agencies
provided in the preceding section, to conduct regular inspections in detention
and rehabilitation facilities within the region and to undertake spot inspections
on their own initiative in order to check compliance with the standards provided
herein and to make the necessary reports and recommendations to appropriate
agencies and to the JJWC;
"(h) To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the juvenile justice and welfare
system and the juvenile intervention program within the region;
"(i) To submit an annual report to the JJWC on the implementation of this Act;
and
"(j) To perform such other functions as may be determined by the JJWC to

implement the provisions of this Act."
"SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been
determined that the child taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child, in consultation with the local
social welfare and development officer, has the duty to immediately release the child
to the custody of his/her parents or guardian, or in the absence thereof, the child’s
nearest relative. The child shall be subjected to a community-based intervention
program supervised by the local social welfare and development officer, unless the
best interest of the child requires the referral of the child to a youth care facility or

‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by
the DSWD.
"The local social welfare and development officer shall determine the appropriate
programs for the child who has been released, in consultation with the child and the
person having custody over the child. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the child may be released to any
of the following:
"(a) A duly registered nongovernmental or religious organization;
"(b) A barangay official or a member of the Barangay Council for the Protection
of Children (BCPC);
"(c) A local social welfare and development officer; or, when and where
appropriate, the DSWD.
"If the child has been found by the local social welfare and development officer to be
dependent, abandoned, neglected or abused by his/her parents and the best interest
of the child requires that he/she be placed in a youth care facility or ‘Bahay Pag-asa’,
the child’s parents or guardians shall execute a written authorization for the voluntary
commitment of the child: Provided, That if the child has no parents or guardians or if
they refuse or fail to execute the written authorization for voluntary commitment, the
proper petition for involuntary commitment shall be immediately filed by the DSWD or
the Local Social Welfare and Development Office (LSWDO) pursuant to Presidential
Decree No. 603, as amended, otherwise known as ‘The Child and Youth Welfare
Code’ and the Supreme Court rule on commitment of children: Provided, further, That
the minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’
shall be twelve (12) years old."
"SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal
Responsibility. – A child who is above twelve (12) years of age up to fifteen (15) years
of age and who commits parricide, murder, infanticide, kidnapping and serious illegal
detention where the victim is killed or raped, robbery, with homicide or rape,
destructive arson, rape, or carnapping where the driver or occupant is killed or raped
or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of
2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a
neglected child under Presidential Decree No. 603, as amended, and shall be
mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-asa’
called the Intensive Juvenile Intervention and Support Center (IJISC).
"In accordance with existing laws, rules, procedures and guidelines, the proper petition
for involuntary commitment and placement under the IJISC shall be filed by the local
social welfare and development officer of the LGU where the offense was committed,
or by the DSWD social worker in the local social welfare and development officer’s
absence, within twenty-four (24) hours from the time of the receipt of a report on the
alleged commission of said child. The court, where the petition for involuntary
commitment has been filed shall decide on the petition within seventy-two (72) hours
from the time the said petition has been filed by the DSWD/LSWDO. The court will
determine the initial period of placement of the child within the IJISC which shall not be
less than one (1) year. The multi-disciplinary team of the IJISC will submit to the court
a case study and progress report, to include a psychiatric evaluation report and
recommend the reintegration of the child to his/her family or the extension of the
placement under the IJISC. The multi-disciplinary team will also submit a report to the
court on the services extended to the parents and family of the child and the
compliance of the parents in the intervention program. The court will decide whether
the child has successfully completed the center-based intervention program and is
already prepared to be reintegrated with his/her family or if there is a need for the

continuation of the center-based rehabilitation of the child. The court will determine the
next period of assessment or hearing on the commitment of the child."
"SEC. 20-B. Repetition of Offenses. – A child who is above twelve (12) years of age up
to fifteen (15) years of age and who commits an offense for the second time or
oftener: Provided, That the child was previously subjected to a community-based
intervention program, shall be deemed a neglected child under Presidential Decree
No. 603, as amended, and shall undergo an intensive intervention program supervised
by the local social welfare and development officer: Provided, further, That, if the best
interest of the child requires that he/she be placed in a youth care facility or ‘Bahay
Pag-asa’, the child’s parents or guardians shall execute a written authorization for the
voluntary commitment of the child: Provided, finally, That if the child has no parents or
guardians or if they refuse or fail to execute the written authorization for voluntary
commitment, the proper petition for involuntary commitment shall be immediately filed
by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended."
"SEC. 20-C. Exploitation of Children for Commission of Crimes. – Any person who, in
the commission of a crime, makes use, takes advantage of, or profits from the use of
children, including any person who abuses his/her authority over the child or who, with
abuse of confidence, takes advantage of the vulnerabilities of the child and shall
induce, threaten or instigate the commission of the crime, shall be imposed the penalty
prescribed by law for the crime committed in its maximum period."
"SEC. 20-D. Joint Parental Responsibility. – Based on the recommendation of the

multi-disciplinary team of the IJISC, the LSWDO or the DSWD, the court may require
the parents of a child in conflict with the law to undergo counseling or any other
intervention that, in the opinion of the court, would advance the welfare and best
interest of the child.
"As used in this Act, ‘parents’ shall mean any of the following:
"(a) Biological parents of the child; or
"(b) Adoptive parents of the child; or
"(c) Individuals who have custody of the child.
"A court exercising jurisdiction over a child in conflict with the law may require the
attendance of one or both parents of the child at the place where the proceedings are
to be conducted.
"The parents shall be liable for damages unless they prove, to the satisfaction of the
court, that they were exercising reasonable supervision over the child at the time the
child committed the offense and exerted reasonable effort and utmost diligence to
prevent or discourage the child from committing another offense."
"SEC. 20-E. Assistance to Victims of Offenses Committed by Children. – The victim of

the offense committed by a child and the victim’s family shall be provided the
appropriate assistance and psychological intervention by the LSWDO, the DSWD and
other concerned agencies."
"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.
"The social worker shall conduct an initial assessment to determine the appropriate
interventions and whether the child acted with discernment, using the discernment
assessment tools developed by the DSWD. The initial assessment shall be without
prejudice to the preparation of a more comprehensive case study report. The local
social worker shall do either of the following:
"(a) 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
"(b) 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. 33. Preliminary Investigation and Filing of Information. – The prosecutor shall
conduct a preliminary investigation in the following instances: (a) when the child in
conflict with the law does not qualify for diversion; (b) when the child, his/her parents
or guardian does not agree to diversion as specified in Sections 27 and 28; and (c)
when considering the assessment and recommendation of the social worker, the
prosecutor determines that diversion is not appropriate for the child in conflict with the
law.
"Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify
the Public Attorney’s Office of such service, as well as the personal information, and
place of detention of the child in conflict with the law.
"Upon determination of probable cause by the prosecutor, the information against the
child shall be filed before the Family Court within forty-five (45) days from the start of
the preliminary investigation. The information must allege that the child acted with
discernment."
"SEC. 49. Establishment of ‘Bahay Pag-Asa’. – Each province and highly-urbanized

city (the LGUs) shall be responsible for building, funding and operating a ‘Bahay Pag-
asa’ within their jurisdiction following the standards that will be set by the DSWD and
adopted by the JJWC.
"Every ‘Bahay Pag-asa’ will have a special facility called the IJISC. This Center will be
allocated for children in conflict with the law in accordance with Sections 20, 20-A and
20-B hereof. These children will be required to undergo a more intensive multi-
disciplinary intervention program. The JJWC in partnership with, but not limited to, the
DSWD, the DOH, the DepED and the DILG, will develop and set the standards for the
implementation of the multi-disciplinary intervention program of the IJISC. Upon
institutionalization of the IJISC program, the JJWC will continue to monitor and provide
technical assistance to the multi-disciplinary teams operating the said centers."
"SEC. 50. Care and Maintenance of the Child in Conflict with the Law. – x x x

"The LGUs expected expenditures on the local juvenile intervention program for
children at risk and children in conflict with the law shall be included in the LGUs
annual budget. Highly-urbanized cities and provincial governments should include a
separate budget for the construction and maintenance of the ‘Bahay Pag-asa’
including the operation of the IJISC within the ‘Bahay Pag-asa’."
"SEC. 57. Status Offenses. – 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."
"SEC. 57-A. Violations of Local Ordinances. – Ordinances enacted by local

governments concerning juvenile status offenses such as, but not limited to, curfew
violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well
as light offenses and misdemeanors against public order or safety such as, but not
limited to, disorderly conduct, public scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public
urination, and trespassing, shall be for the protection of children. No penalty shall be
imposed on children for said violations, and they shall instead be brought to their
residence or to any barangay official at the barangay hall to be released to the custody
of their parents. Appropriate intervention programs shall be provided for in such
ordinances. The child shall also be recorded as a ‘child at risk’ and not as a ‘child in
conflict with the law’. The ordinance shall also provide for intervention programs, such
as counseling, attendance in group activities for children, and for the parents,
attendance in parenting education seminars."
Section 12. Mandatory Registry of Children in Conflict with the Law. – All duty-bearers,
including barangay/BCPC workers, law enforcers, teachers, guidance counselors, social
workers and prosecutors who will receive report, handle or refer cases of children in conflict
with the law, shall ensure a faithful recordation of all pertinent information, such as age,
residence, gender, crime committed or accused of and the details of the intervention or
diversion, as the case may be, under which they will undergo or has undergone, of all
children in conflict with the law to guarantee the correct application of the provisions of this
Act and other laws. The JJWC shall lead in the establishment of a centralized information
management system on children in conflict with the law. This provision is however without
prejudice to Section 43 of this Act.
"SEC. 63. Appropriations. – The amount necessary to carry out the provisions of this
Act shall be charged against the current year’s appropriations of the JJWC under the
budget of the Department of Justice. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the budget of the DSWD
under the annual General Appropriations Act: Provided, That the amount of Four
hundred million pesos (P400,000,000.00) shall be appropriated for the construction of
‘Bahay Pag-asa’ rehabilitation centers in provinces or cities with high incidence of
children in conflict with the law to be determined and identified by the DSWD and the
JJWC on a priority basis: Provided, further, That the said amount shall be coursed
through the Department of Public Works and Highways (DPWH) for its proper
implementation.
"The LGUs concerned shall make available, from its own resources or assets, their
counterpart share equivalent to the national government contribution of Five million
pesos (P5,000,000.00) per rehabilitation center.
"In addition, the Council may accept donations, grants and contributions from various
sources, in cash or in kind, for purposes relevant to its functions, subject to the usual
government accounting and auditing rules and regulations."

Section 14. Implementing Rules and Regulations. – The JJWC shall promulgate the
necessary rules and regulations within sixty (60) days from the effectivity of this Act.
Section 15. Separability Clause. – If any provision of this Act is held unconstitutional, other
provisions not affected thereby shall remain valid and binding.
Section 16. Repealing Clause. – All laws, decrees, ordinances and rules inconsistent with
the provisions of this Act are hereby modified or repealed accordingly.
Section 17. Effectivity Clause. – This Act shall take effect fifteen (15) days after the
completion of its publication in the Official Gazette or in at least two (2) national newspapers
of general circulation.
------o--------

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Juvenile Delinquency

IV. Module No: 1

A. Intended Learning Outcome/ILOs:

1. Discuss the historical causative factors contributing to juvenile

I. Definition and Concept:

Juvenile – youth or young person

Delinquency – offense, fault, neglect or failure of duty.

Juvenile Delinquent – one who is incorrigible, ungovernable or habitually disobedient and

1 Notes on Juvenile Delinquency el feed you 2023

Social Norm – is a set of standard behavior of the society.

Youthful Offender – is a child, minor or youth including one who is emancipated in

Cohort – a group of individuals sharing certain significant social characteristics in common,

Criminaloids – is a term used by Lombroso to describe occasional criminals who were

Ecological theory – is a sociological approach which emphasizes demographics (the

2 Notes on Juvenile Delinquency el feed you 2023

Eugenics – is the study of heredity improvement by genetic control.

Labeling – an interactionist perspective which sees continue crime as a consequence of

Learning theory – a notion that crime is an acquired form of behavior.

Neoclassical Criminology – a contemporary version of classical theory of classical

Paranoid schizophrenics – a schizophrenic individual who suffer from delusions and

Psychopath or sociopath – a person with a personality disorder, especially one manifested

Psychotherapy – a form of psychiatric treatment based upon psychoanalytical principles and

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In mid-eighteenth century, social philosophers began to rethink the prevailing concepts

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Concepts of the Classical School:

Arguments against the Classical Theory

2. Nineteenth-Century Positivism: The scientific method was beginning to take hold in

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a) That man is subdued occasionally by a strange and morbid phenomenon which

b) That crime or delinquency is essentially a social and natural phenomenon, and as

c) Delinquents and criminals are considered sick, disturbed or different. Therefore

Summary of the Characteristics of Positivist School:

Elements to the Positivistic Approach

Auguste Comte (1798-1857), considered the founder of sociology, applied scientific

Biological Determinism. In Italy Cesare Lombroso (1835-1909) studied the

The foundations of sociological criminology can be traced to the work of pioneering

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b) Medical approach: the application of medical examinations of the individual criminal

c) Biological approach: the evaluation of genetic influences to criminal behavior.

e) Psychological approach: it is concern with the deprivation of psychological needs of

f) Psychiatric approach: the explanation of crime through diagnosis of mental diseases

2) Objective approaches (focuses on groups, social processes and institutions as

d) Socio-cultural approach: focuses on institutions, economic, financial, education,

3) Contemporary approaches (focuses on the scientific modes of explaining crime and

Learning Activity No. 1

Instruction : Please answer the question briefly.

1. Discussed Subjective approaches

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PCOL ADELENE MAGHINAY FLORENDO

Armando A. Alviola, Ph.D (2012) Juvenile Delinquency

Title: Juvenile Delinquency

Intended Learning Outcome/ILOs:

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Theories of Crime Causation: An important goal of the criminological enterprise is to create

a) Rational Choice: Law-violating behavior occurs after offenders weigh information on

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In 1970s, several criminologists again turned to study of biological basis of

Biological Perspective on Criminality