(CRIM 5) Juvenile Delinquency and Juvenile Justice System

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What is Juvenile Delinquency?
It refers to an anti-social acts or behaviors committed by minors which are
contrary to the norms of the society. It involves oftentimes misdemeanors, but may
include also offenses and felonies.

Take Note: Under RA 9344, juvenile delinquent are now called Child-in-Conflict with
the Law. The use of the word “juvenile”, “juvenile delinquent”, “youthful
offender” or other similar terms against the child is labeling or shaming punishable
under this law.
Crime vs. Delinquency

• Crime is an act committed by an • Delinquency are acts committed by

adult minors.

• An act that breaks criminal code • Acts that merely break 'cultural law'
which is created by society through or norms.
written law.

• A person who committed a crime can • A child is under the process known as
be dealt with in accordance with the juvenile justice system.
criminal justice system

HISTORY OF JUVENILE DELINQUENCY

1. Code of Hammurabi – Oldest known code for thousand years ago dating from 2270
B.C used by society to regulate behavior and at the same time punish those who
disobeyed the rules. It established a social order based on individual rights. It is the
origin of the legal principle of “Lex Talionis” or “Lex Taliones”, that is, an “Eye
for an Eye”. During this times, in 1641, General Court of Massachusetts passed the
Stubborn Child Law, which stated that children who disobeyed their parents could
be put to death.

2. Roman Law and Canon (Church) Law – Approximately two thousand years ago,
made distinction between juveniles and adults based on the notion “Age of
Responsibility”.

3. Ancient Jewish Law – The Talmud specified condition under which immaturity was
to be considered in imposing punishment. There was no corporal punishment prior to
puberty, which was considered to be the age of twelve for females and thirteen
for males. In addition, no capital punishment is to be imposed on those offenders
under twenty years of age.

4. Codification of Roman Law – In 5th century B.C., this law resulted in the “Twelve
Tables”, which made it clear that children were criminally responsible for violation
of law and were to be dealt with by same criminal justice system as adults. Under
this law, children came to be classified as “Infans,” or “Proximus Infantiae.” In
general. “infans” (7 years old below) were not held criminally responsible, but
those approaching puberty (above 7 to 14 for boys and above 7 – 12 for girls)
liability was based on their capacity to understand the difference between right and
wrong.

5. Anglo Saxon Common Law (Law based on custom or usage) - The distinction
made between adult and juvenile offenders in England at this time are most
 significant. Under common law, children under the age of 7 were presumed
incapable of forming criminal intent and therefore were not subject to criminal
sanctions. Children between 7 - 14 were not subject to criminal sanctions unless it
could be demonstrated that they had formed criminal intent, understood the
consequences of their actions, and could distinguish right from wrong (Blackstone
1803, 22-24). Children over 14 were treated much the same as adults.

6. Middle of 19th century – The middle of the nineteenth century also included the
child-saving movement. Concerned citizens eventually formed a social activist group
called Child Savers, who believed that children were born good and became bad.
Juvenile children were blamed on bad environments. The best way to save children
was to get them out of “bad” homes and placed in “good” ones. This lead to the
creation of the doctrine Parens Patriae.

Take Note: Parens Patriae is a doctrine that does not consider delinquent acts as
criminal violation, thus making delinquents non-criminal persons and cannot be found
guilty of a crime and punished like an adult criminal. This doctrine viewed minors who
violate the law as victims of improper care, custody and treatment at home. Thus, in
parents patriae, the State becomes the father

7. Poor Law Act of 1601 – Provided for involuntary separation of children from their
impoverished parents, and these children were then placed in bondage to local
residents as apprentices.

In the Philippine Settings

8. Revised Penal Code

• During this time distinct circumstances of a delinquent are not taken into
account.
• No Diversion
• Stigma of Criminality
• No provision for aftercare
• As young as 9 yrs. old can be incarcerated inside the jail

9. PD 603 “ The Child and Youth Welfare Code” - Under the said law, a person who
is over nine (9) but under twenty-one (21) years of age at the time of the
commission of the offense who committed a crime is known as a YOUTHFUL
OFFENDER.

Take note: This provision was later amended by PD 1179. Under the said law, it defines
a youthful offender as a child, minor or youth, including one who is emancipated in
accordance with law who is over nine years but under eighteen years of age at the
time of the commission of the offense.

10. RA 9344 - 15 and below are exempted from criminal liability while over 15 and
below 18 are likewise exempted unless acted with discernment and this child are
called “Child in Conflict with Law”

PERSONALITIES AND DATES

1. Pope Clement XI – In 1704 in Rome, established the Hospital of St. Michael’s,
the first institution for the treatment of juvenile offenders. The stated purpose of the
hospital was to correct and instruct unruly youth so they might become useful
citizens.

2. Robert Young – In 1788 established the first private, separate institution for youthful
offenders in England. The goal of the institution was to educate and instruct in some
useful trade or occupation the children of convicts or such other infant poor as
engaged in a vagrant and criminal course of life.

3. Albert K. Cohen – The first man who attempted to find out the process of beginning
of the delinquent subculture.

4. Kingwood Reformatory – This was established for the confinement of the “hordes
of unruly children who infested the streets of new industrial towns” of
England.

5. New York Committee on Pauperism – In 1818, the committee gave the term
“Juvenile Delinquency” Its first public recognition by referring it as a major cause of
pauperism.

6. 1899 – The first Juvenile or “family” court was established in Cook County
Illinois.

7. 1899 – 1967 – This has been referred to as the era of “socialized juvenile
justice”.

HOUSE OF CORRECTIONS FOR JUVENILE DELINQUENT

1. Bridewells
It was the first houses of corrections in England. They confined both children and
adults considered to be idle and disorderly.

2. Hospice of San Michele

Saint Michael was established in 1704. John Howard, a reformer, brought to
England from Rome a model of the first institution for treating juvenile offenders. He was
often thought of as the father of prison reform.

3. House of Refuge
It was situated in New York in 1825. It was opened to house juvenile delinquents,
who were defined in its charter as "youths convicted of criminal offenses or found in
vagrancy." By the middle of the nineteenth century many states either built reform
schools or converted their houses of refuge to reform schools. The reform schools
emphasized formal schooling, but they also retained large workshops and continued the
contract system of labor.

SIGNIFICANT CASES CONCERNING JUVENILE DELINQUENCY

1. In re: Winship
It established proof beyond a reasonable doubt as the standard for juvenile
adjudication proceedings, eliminating lesser standards such as a preponderance of
the evidence, clear and convincing proof and reasonable proof. They established
 that a jury trial is not a required part of due process in the adjudication of the
youth as delinquent by a juvenile court.

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

3. Kent v. United States

It provided the procedural requirements for waiver to criminal court as
articulated by the U.S. Supreme Court.

4. In re Gault (1967)
The Court held that juvenile courts must provide the basic procedural
protection that the Bill of Rights guarantee to adults, including timely advance
notice of the charges, the right to either retained or appointed counsel,
confrontation and cross-examination of adverse witnesses, self-incrimination, and
the right to remain silent. The opinion also rejected the basic premise of juvenile
court actions: that the proceedings are civil in nature and those minors' rights are
adequately protected by the judges acting as substitute parents.

5. 1977, American Bar Association

It endorsed decriminalization of status offenses, urging that juvenile
delinquency liability should include only such conduct as would be designated a
crime if committed by an adult. In the 1980s many training schools and high-
security institutions were built in rural areas or close to small rural towns so the
inmates could be trained in agriculture. The hope was that such training would
produce productive citizens.

6. Schall v. Martin (1984)

The Supreme Court upheld the state's right to place juveniles in preventive
detention. Preventive detention was perceived as fulfilling a legitimate state
interest of protecting society and juveniles by detaining those who might be
dangerous to society or to themselves.

TYPES OF DELINQUENT YOUTH

1. Social – an aggressive youth who resents the authority of anyone who make an effort
to control his behavior.

2. Neurotic – he has internalized his conflicts and preoccupied with his own feelings

3. Asocial – his delinquent at have a cold, brutal, fictious quality for which the youth
feels no humors.

4. Accidental – he is less identifiable in his character, essentially socialize law abiding

but too happens to be at the wrong place at the wrong time and becomes involved in
some delinquent act not typical of his general behavior.

STAGES OF DELINQUENCY

1. Emergence- the child begins with petty larceny between (8 and sometimes the
12th year.)

2. Exploration -he or she then move on to shoplifting and vandalism between (ages
12 to 14.)

3. Explosion - at age (13 up), there is a substantial increase in variety of

seriousness.
 4. Conflagration - at around (15 up), four or more types of crimes are added.

5. Outburst - Those who continue on adulthood will progress into more sophisticated
or more violent forms of criminal behavior.

CLASSIFICATION OF DELINQUENCY

1. Unsocialized Aggression - Rejected or abandoned, NO parents to imitate and

become aggressive.

2. Socialize Delinquency - Membership of fraternities or groups that advocate bad

things.

3. Over-Inhibited – Group secretly trained to do illegal activities, like marijuana

cultivation.

DIFFERENT APPROACHES TOWARD DELINQUENCY

1. Biogenic Approach
Biogenic views the law-breaker as a person whose misconduct is the result of
faulty biology. The offender is a hereditary defective, suffers from endocrine imbalance
or brain pathology, his or her body structure and temperament pattern have produced
the law breaking.

2. Psychogenic Approach
It tells us that the offender behaves as she or he does in response to psychological
pathology of some kind. The critical casual factors in delinquency are – personality
problems, to which juvenile misbehavior is presume to be a response.

3. Sociogenic Approach
Sociogenic attributes the variations in delinquency pattern to influence social
structures. They account for individual offender by reference process, which go on in
youth gangs, stigmatizing contacts with social control agencies and other variables of
that time.

CAUSES OF BEHAVIORAL DISORDERS

1. Predisposing Factor
Inclinations or inherited propensities, which cannot be, considered a criminal one
unless there is a probability that a crime will be committed.

2. Precipitating Factor
Elements which provoke crimes or factors that are signified to the everyday
adjustments of an individual, like personal problems, necessities, imitation, curiosity,
ignorance, and diseases.

FACTORS AFFECTING JUVENILE DELINQUENCY

1. Individual Risk Factors

Individual psychological or behavioral risk factors that may make offending
more likely include intelligence, impulsiveness or the inability to delay gratification,
aggression, empathy, and restlessness. Children with low intelligence are likely to
do worse in school. This may increase the chances of offending because low
educational attainment, a low attachment to school, and low educational
aspirations are all risk factors for offending in themselves. Children who perform
poorly at school are also more likely to truant, which is also linked to offending.

2. Family
The family is the first and the basic institution in our society for developing
the child’s potential, in all its many aspects like emotional, intellectual, moral, and
 spiritual as well as physical and social. It is within the family that the child must
learn to curb his desires and to accept rules that define the time, place and
circumstances under acceptable ways. The following are some of the causes why
some of the child becomes juvenile delinquent as influence their own family;
a. the faulty development of a child
b. lack of parental guidance
c. lack of love and the instinct of hate or anger due to unfair treatment
d. parental rejection
e. broken home
f. parental abuse or neglect
g. criminal parents or siblings

Take Note: Home is referred to as the “cradle of human personality”.

3. Environment
It is where the child influences after his first highly formative years. Youth in
the community turns to become delinquent with companions. Youth today accuse
those ahead of them for failure to define how to live both honorably and
successfully in a world that is changing too rapidly for anyone to comprehend.
Together they now becomes a victim of their own environment, their attitudes,
dress, taste, ambitions, behavior are imitated or have been already influence by
those anti-social acts recognized in their environment. Some of these causes are
the following:
a. associations with criminal groups/gangs
b. alcoholism and drug addiction
c. impulse of fear
d. crime inducing situation that caused criminalistic tendencies
e. imitated instinct like selfishness, violence and anti-social wishes.

THREE TYPES OF DELINQUENT GANGS BY CLOWARD AND OHLIN

a. The Criminal Gang. Emerge in areas where conventional as well as non-

conventional values of behavior are integrated by a close connection of
illegitimate and legitimate businesses. This type of gang is stable than the ones
to follow. Older criminals serve as role models and they teach necessary
criminal skills to the youngsters.

b. The conflict/violent gang. Non-stable and non-integrated, where there is an

absence of criminal organization resulting in instability. This gang aims to find
reputation for toughness and destructive violence.

c. The Retreatist Gang. Is equally unsuccessful in legitimate as well as

illegitimate means. They are known as double failures, thus retreating into a
world of sex, drugs, and alcohol.

4. School
A public instrument for training young people. It is more directly accessible
to change through the development of new resources and policies. And since it is a
principal institution for development of a basic commitment by young people to
the goals and values of our society, it is imperative that it be provided with the
resources to compete with illegitimate attraction for young people’s allegiance.

5. Other Department or Agencies of the Government

Some of the department and agencies of the government also create factors
that influence the youth to become delinquent, such as the following:
a. political interference of the higher positions
b. unfair decisions of the court
c. police carelessness and unfair treatment
d. influence from the newspapers, movies, tv, radio, comic, and other
magazine
 THEORIES OF DELINQUENCY

1. Social Disorganization Theory - It was recognized early in twentieth century by

sociologist Clifford Shaw and Henry Mckay. According to social disorganization
theory, disorganized areas cannot exert social control over acting-out youth; these
areas can be identified by their relatively high level of change, fear, instability,
incivility, poverty and deterioration, and these factors have a direct influence on
the area’s delinquency rate.

2. Anomie Theory - Advocated by Emile Durkheim. Breakdown of social orders as

results of loss of standards and values that replaced social cohesion.

A – Absence

Nomos- Laws or standards.

*Anomie- refers to the breakdown of norms.

3. Strain Theory – This theory assume that children are basically good. Only under
pressure do they deviate. Pressure for deviance comes from their having
internalized society’s goals, such as being successful and wanting to achieve them.
But many cannot become successful by conforming to society’s rules. Out of
desperation, they turn to crime.

*According to sociologist Robert Merton, although most people share

common values and goals, the means for legitimate economic and social success
are stratified by socio economic class. Consequently, these youths may either use
deviant methods to achieve their goals or reject socially accepted goals and
substitute deviant ones.

* Albert Cohen, explained why urban, lower-class boys commit delinquency.

He began by identifying characteristics of delinquents. They are malicious,
negativistic, non- utilitarian, versatile, loyal, and cannot defer gratification. Cohen
blames delinquency on (1) frustration experienced by children because of their low
status and (2) their ability to live up to middle – class standards. Delinquency is the
consequence of children expressing their frustration toward middle-class norms
and institutions.

* Richard Cloward and Lloyd Ohlin blamed it on the disparity between what
children are taught to want and what is available to them. Children joined
delinquent gangs to achieve success, but because their legitimate path is blocked,
they turn illegitimate means in the form of delinquency and later on it was called
as Differential Opportunity Theory.

4. Differential Oppression Theory - John D. Hewitt and Robert Regoli proposed

that much serious juvenile delinquency is a product of the oppression of children
by adults, particularly within the context of family. The maltreatment of children
has been found to be highly correlated with both serious and moderate
delinquency as well as other problem behaviors. This theory argues that adult
perception of children forces youths into socially defined and controlled inferior
roles, including the socially constructed “juvenile delinquency” role that separates
youthful and adult offenders for treatment and control.

5. Differential Association Theory. Asserts that criminal behavior is learned

primarily within interpersonal groups and that youths will become delinquent if
definitions they have learned favorable to violating the law exceed definitions
favorable to obeying the law within the group. This theory was introduced by Edwin
Sutherland. Example: The family may serve as a training ground for violence since
the child perceives physical punishment as the norm during conflict situations with
others.

6. Social Learning Theory. This theory view that behavior is modeled through
observation, either directly through intimate contact with others, or indirectly
through media; interactions that are rewarded are copied, where as those that are
punished are avoided.

7. Drift Theory (Neutralization Theory). It proposed that juveniles sense a

moral obligation to be bound by the law. Such a bind between a person and the law
remains in place most of the time, they argue. When it is not in place, delinquents
will drift.

8. Labeling Theory (Social Reaction Theory). Crime is caused by societal

reactions to behavior, which include exposure to the juvenile justice system. Once
children are labelled delinquent, they become delinquent (Tannenbaum, 18938).

9. Social Control Theory. This perspective states that members in society form
bonds with other members in society or institution in society such as parents, pro-
social friends, and churches, schools, teachers, and sports teams. The social bonds
include the ties and affection that develop between children and key people in
their lives; commitment to social norms of behavior and to succeed in regards to
such values as getting good education, a good job and being successful;
involvement in activities; and finally, that most persons are brought up to believe in
and respect the law.

10. Self-derogation Theory. Introduced by Kaplan states that all motivated to

maximize our self-esteem, motivation to conform will be minimized by family,
school and peer interactions that devalue our sense of self, interactions and
behavior may be self-defacing or self-enhancing.

11. Self-control Theory. In short, self-control theory suggests that deviance

simply results from the individual’s inability to effectively control his/her impulses.
Self-control theory argues that it is the absence of self-control rather than the
presence of some force or factor such as poverty, anomie, opportunities for
deviance, delinquent peers, exposure to definitions favorable to deviance, etc. that
leads to deviance.

12. Culture Deviance Theory. Links delinquent acts to the formation of

independent subcultures with a unique set of values that clash with the main
stream culture. This theory argues that children learn deviant behavior socially
through exposure to others and modeling of others action.

13. Rational Choice Theory. They argue in many cases, deviance is a result of
highly calculation of risks and awards. Prospective deviants weigh their own
chance of gain against the risk of getting caught, and thereby decide a course of
action.

Juveniles however do not always choose the most rational actions. There
values are different from adult and their motives are different from an adult
criminal. Adolescent are also notorious for not thinking before they act. These
actions which constitute delinquency may come as a result of acting against
authority, or to rebel against cultural norms and goals.
What is Marriage?

Marriage is a social union or legal contract between individuals that creates

kinship. It is an institution in which interpersonal relationships, usually intimate and
sexual, are acknowledged by a variety of ways, depending on the culture or
demographic. Such a union may also be called matrimony, while the ceremony that
marks its beginning is usually called a wedding and the marital structure created is
known as wedlock.

Essential Requisites of Marriage

1. Legal capacity of contracting parties who must be male and a female. This
means that the parties must have the necessary age or the necessary consent of
parents in certain cases.
Age 18-21 – Needs parental consent
Age 22-25 – Needs parental advise

Can I use “parental consent” and “parental advice” interchangeably? What are
the differences?
No, “parental consent” and “parental advice” CANNOT be used interchangeably.
Parental consent is required when either or both of the contracting parties are
between the ages of eighteen (18) and twenty-one (21).
Parental advice, on the other hand, is required if either or both of the contracting
parties is/are between the age of twenty-one (21) and twenty-five (25). The “parental
consent” or “parental advice”, as the case may be, is required during the application for
a marriage license.

Could the parents give their consent to the marriage of their child who is
below 18 years old?
The marriage of a person below 18 years of age even with the consent of the
parents, are void ab initio (void from the very beginning).

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

Formal Requisites of Marriage

1. Authority of Solemnizing Officer

(a) Any incumbent member of the judiciary within the court’s jurisdiction.

(b) Any priest, rabbi, imam or minister of any church or religious sect duly
authorized by his church or religious sect and registered with the civil registrar
general, acting within the limits granted to him by his church and provided that
one of the contracting parties belongs to the solemnizing officer’s church or religious
sect.

(c) Any ship captain or airplane chief only in cases of articulo mortis. A marriage in
articulo mortis between passengers or crew members may also be solemnized not
only while the ship is at sea or the plane in flight, but also during stopovers at ports
of call.

(d) Any military commander of a unit to which a chaplain is assigned, in the

absence of the latter, during a military operation. A military commander of a unit
who is a commissioned officer, shall likewise have the authority to solemnize
marriages in articulo mortis between persons within the zone of military operation,
whether members of the armed forces or civilians.
 (e) Any consul-general, consul or vice-consul. Marriages between Filipino citizens
abroad may be solemnized and the issuance of the marriage license and the duties
of the local civil registrar and the solemnizing officer with regard to the celebration
of marriage shall be performed by said consular official.

(f) Under the Family Code, governors, mayors and ambassadors are not authorized to
perform marriages. However, under the Local Government Code, mayors are now
authorized to perform marriages within their jurisdiction.

Take Note: Articulo Mortis means at the point of death.

2. Valid marriage license. The license shall be valid in any part of the Philippines for a
period of one hundred twenty days from the date of issue, and shall be deemed
automatically cancelled at the expiration of said period if the contracting parties have
not made use of it.

The following cases are exception from having a license:

(a) Marriage in Articulo Mortis. In case either or both of the contracting parties are
at the point of death, the marriage may be solemnized without the necessity of a
marriage license and shall remain valid even if the ailing party subsequently
survives.

(b) Marriage in remote places. If the residence of either party is so located that
there is no means of transportation to enable such party to appear personally before
the local civil registrar.

(c) Marriage of people who have previously cohabited for at least 5 years. No
license shall be necessary for the marriage of a man and a woman who have lived
together as husband and wives for at least five years and without any legal
impediment to marry each other. The contracting parties shall state the foregoing
facts in an affidavit before any person authorized by law to administer oaths.

(d) Marriages between pagans or Muslims, who live in non—Christian provinces,

and who are married in accordance with their customs.

3. A marriage ceremony. It shall be held with the appearance of the contracting

parties before the solemnizing officer and their personal declaration that they take
each other as husband and wife in the presence of not less than two witnesses.

Paternity and Filiations

Filiations is the civil status or relationship of the child to the father. The filiations of
children may be by nature or by adoption. Natural filiations may be legitimate or
illegitimate while paternity is the civil status relationship of the father to the child.

Kinds of children under Family Code

1. Legitimate Child
• One conceived or born during the marriage of the parents.
• Children conceived as a result of artificial insemination of the wife with the sperm
of the husband or that of a donor or both are likewise legitimate children of the
husband and his wife, provided, that both of them authorized or ratified such
insemination in a written instrument executed and signed by them before the birth
of the child. The instrument shall be recorded in the civil registry together with the
birth certificate of the child.

2. Illegitimate Child
 • Children conceived outside the valid marriage.

Take Note: Under R.A. No. 9255, Illegitimate children may use the surname of their
father if their filiation has been expressly recognized by the father, either through:
a. record of birth in civil register
b. father’s admission in public document
c. father’s admission in private
handwritten document

3. Legitimated Child
• Takes place by a subsequent valid
marriage between parents.
• The annulment of a voidable
marriage shall not affect the
legitimation.
• Any child can be legitimated as long as there are no disqualifications by any
impediment to marry.
• Legitimated child will enjoy the same rights as legitimate children.

4. Adopted Child
• Legally made the son or daughter of someone other than the biological parent.

What is Family?
● Denotes a group of people affiliated by consanguinity, affinity, and co-residence.
● Basic unit of society
● Basic social institution
● Foundation of nation (Art. 149, FC)

What are the Types of Family?

1. Nuclear family/Conjugal or Elementary family – composed of a father, mother
and a child or children
2. Extended family – composed of members other than the father, mother, and
children, e.g., in-laws, relatives, household helps, employees, etc.

Models of Family Life

1. Corporate Model

2. Team Model
3. Military Model

4. Boarding Model

5. Theatrical Model

RELATED PHILIPPINE LAWS

AFFECTING CHILDREN

• PD 603
It is known as the “Child
and Youth Welfare Code”. It
was approved on December
10, 1974 and took effect on
June 10, 1975.

• R.A. 6809
Lowering the age of majority from 21 to 18 years of age.

• RA 9344
It is known as the
“Juvenile Justice Welfare Act of
2006”. It was approved on April
28, 2006.

• RA 10630
 An Act Strengthening the Juvenile Justice System in the Philippines,
amending for the purpose Republic Act No. 9344.

• RA 9262
It is known as the “Anti-Violence Against Women and their Children Act of
2004”.

• RA 7610
This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."

• R.A. 8369
The law that established the “Family Court”.*

• R.A. 8552
An act establishing the rules and policies on the domestic adoption of Filipino
children or also known as “Domestic Adoption Act of 1998.”

• R.A. 8043
An act establishing the rules to govern inter-country adoption of Flipino
children or also known as “Inter-Country Adoption Act of 1995.”

• R.A. 6972
Barangay Level Development and Protection of Children Act Creation of a
Day-Care Center in energy barangay.

• R.A. 9255
An Act allowing illegitimate children to use the surname of their father
amending for purpose Art. 176 of E.O. 209 otherwise known as the “Family Code”
of the Philippines.

• REPUBLIC ACT No. 9523

An act requiring certification of the Department of Social Welfare and
Development (DSWD) to declare a "Child Legally Available For Adoption" as a
prerequisite for adoption proceedings, amending for this purpose certain provisions
of Republic Act No. 8552, otherwise known as the Domestic Adoption Act of 1998,
Republic Act No. 8043, otherwise known as the Inter-Country Adoption Act of 1995,
Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code,
and for other purposes.

SALIENT PROVISIONS OF PD 603

The Presidential Decree (PD) 603 is known as the “Child and Youth Welfare Code”.
The Decree was signed by his Excellency President Ferdinand Marcos on December 10,
1974 and took effect on June 10, 1975.

Special Categories of Children

1. Dependent Child - one who is without a parent, guardian or custodian; or one

whose parents, guardian or other custodian for good cause desires to be relieved
of his care and custody; and is dependent upon the public for support.

2. Abandoned Child - one who has no proper parental care or guardianship, or

whose parents or guardians have deserted him for a period of at least six (6)
continuous months.

Take Note: This provision was further amended by RA 9523 in which Abandoned Child
may refer to a child who has no proper parental care or guardianship, or whose parent(s)
have deserted him/her for a period of at least three (3) continuous months, which
includes a foundling.
“Foundling” means an infant that has been abandoned by its parents and is discovered
and cared for by others.

3. Neglected Child- refers to a child whose basic needs have been deliberately
unattended or inadequately attended within a period of three (3) continuous
months. Neglect may occur in two (2) ways; Physical Neglect & Emotional Neglect

(a) There is physical neglect when the child is malnourished, ill-clad, and
without proper shelter. A child is unattended when left by himself/herself without
proper provisions and/or without proper supervision.

(b) There is emotional neglect when the child is maltreated, raped, seduced,
exploited, overworked, or made to work under conditions not conducive to good
health; or is made to beg in the streets or public places; or when children are in
moral danger, or exposed to gambling, prostitution, and other vices.

I. Mentally Retarded Children

Mentally retarded children are:
(1) socially incompetent;
(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.

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.

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. 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.

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

III. 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.
IV. 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.
What is Parental Authority (Patria Potestas)?
Refers to the sum total of the rights of the parents over the person and property of
their un-emancipated child. The exercise of which has no distinction between a
legitimate and an illegitimate child.

Take Note: Parental authority shall be exercised jointly by the parents of the child. In
the case of disagreement, the father’s decision shall prevail unless there is a judicial
order to the contrary. In case of separation of his parents, no child under seven years of
age shall be separated from his mother unless the court finds compelling reasons to do
so (PD 603 as amended by EO 209 or the Family Code).

SUBSTITUTE PARENTAL AUTHORITY

In default of parents or a judicially appointed guardian, the following person shall
exercise substitute parental authority over the child in the order indicated:

(1) The surviving grandparent;

(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified;
and
(3) The child’s actual custodian, over twenty-one years of age, unless unfit or
disqualified. (PD 603 as amended by EO 209 or The Family Code).

Take Note: Emancipation means freedom from parental authority over persons and
property of the child. Emancipation takes place by the attainment of age of majority
which is 18 years old.

What is Parental Responsibility?

The sum total of the duties and obligations of parents over their minor children.

Liabilities Of Parents
parents and guardians are responsible for the damage or injury caused by the child
under their parental authority

Classifications of Child and Youth Welfare Agencies

Public and private child welfare agencies providing encouragement, care, and
protection to any category of children and youth whether mentally gifted, dependent,
abandoned, neglected, abused, handicapped, disturbed, or youthful offenders, classified
and defined as follows, shall be coordinated by the Department of Social Welfare:

1. Child-caring Institution - one that provides twenty-four resident group care service
for the physical, mental, social and spiritual well-being of nine or more mentally gifted,
dependent, abandoned, neglected, handicapped or disturbed children, or youthful
offenders.
An institution, whose primary purpose is education, is deemed to be a child-caring
institution when nine or more of its pupils or wards in the ordinary course of events do
not return annually to the homes of their parents or guardians for at least two months of
summer vacation.

2. Detention Home – A twenty-four hour child-caring institution providing short term

resident care for youthful offenders who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.

Take Note: “Detention Home” was amended by RA 9344 into “Youth Detention
Home” defined as 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. And
under RA 10630 “Youth Detention Home” was amended into “Bahay Pag-Asa” which
defined as a 24-hour child-caring institution established, funded and 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 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.

3. Shelter-care institution - one that provides temporary protection and care to

children requiring emergency reception as a result of fortuitous events, abandonment
by parents, dangerous conditions of neglect or cruelty in the home, being without adult
care because of crisis in the family, or a court order holding them as material
witnesses.

4. Receiving homes - family-type homes which provides temporary shelter from ten to
twenty days for children who shall during this period be under observation and study for
eventual placement by the Department of Social Welfare. The number of children in a
receiving home shall not at any time exceed nine: Provided, That no more than two of
them shall be under three years of age.

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

6. Maternity Home - an institution or place of residence whose primary function is to

give shelter and care to pregnant women and their infants before, during and after
delivery.

7. Rehabilitation Center - an institution that receives and rehabilitates youthful

offenders or other disturbed children.

8. Reception and Study Center - an institution that receives for study, diagnosis, and
temporary treatment, children who have behavioral problems for the purpose of
determining the appropriate care for them or recommending their permanent treatment
or rehabilitation in other child welfare agencies.

9. Child-placing Agency- an institution or person assuming the care, custody,

protection and maintenance of children for placement in any child-caring institution or
home or under the care and custody of any person or persons for purposes of adoption,
guardianship or foster care. The relatives of such child or children within the sixth degree
of consanguinity or affinity are excluded from this definition.

SALIENT PROVISIONS OF R.A. NO. 9262

This Act shall be known as the "Anti-Violence Against Women and Their
Children Act of 2004."

A. Violence Against Women and their Children (VAWC)

Refers to any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the person has
or had a sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes, but is not
limited to, the following acts:

• Physical Violence – refers to acts that include bodily or physical harm;

• Sexual violence – refers to an act which is sexual in nature, committed against
 a woman or her child. It includes, but is not limited to:
a. Rape, sexual harassment, acts of lasciviousness, treating a woman or
her child as a sex object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the victim’s body,
forcing her/him to watch obscene publications and indecent shows or
forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home
or sleep together in the same room with the abuser;
b. Acts causing or attempting to cause the victim to engage in any sexual
activity by force, threat of force, physical or other harm or threat of
physical or other harm or coercion;
c. Prostituting the woman or child.

• Psychological violence –refers to acts or omissions causing or likely to cause

mental or emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It includes causing or
allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography in
any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.

• Economic abuse – refers to acts that make or attempt to make a woman

financially dependent which includes, but is not limited to the following:
a. Withdrawal of financial support or preventing the victim from engaging
in any legitimate profession, occupation, business or activity, except in
cases wherein the other spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the Family Code;
b. Deprivation or threat of deprivation of financial resources and the right
to the use and enjoyment of the conjugal, community or property
owned in common;
c. Destroying household property;
d. Controlling the victims’ own money or properties or solely controlling
the conjugal money or properties.
B. Battery
It refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.

C. Battered Woman Syndrome

It refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of
cumulative abuse.

D. Stalking
It refers to an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the woman or
her child under surveillance directly or indirectly or a combination thereof.

E. Dating relationship
It refers to a situation wherein the parties live as husband and wife without
the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a dating
relationship.

F. Sexual relations
It refers to a single sexual act which may or may not result in the bearing of
a common child.
 G. Children
It refers to those below eighteen (18) years of age or older but are incapable
of taking care of themselves as defined under Republic Act No. 7610. As used in
this Act, it includes the biological children of the victim and other children under
her care.

What are the Acts of Violence Against Women and Their Children
The crime of violence against women and their children is committed through any
of the following acts:

a. Causing physical harm to the woman or her child;

b. Threatening to cause the woman or her child physical harm;
c. Attempting to cause the woman or her child physical harm;
d. Placing the woman or her child in fear of imminent physical harm;
e. Attempting to compel or compelling the woman or her child to engage in conduct
which the woman or her child has the right to desist from or desist from conduct which
the woman or her child has the right to engage in, or attempting to restrict or
restricting the woman’s or her child’s freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or child. This shall include, but not limited to,
the following acts committed with the purpose or effect of controlling or restricting the
woman’s or her child’s movement or conduct:
• Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;
• Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman’s children
insufficient financial support;
• Depriving or threatening to deprive the woman or her child of a legal right;
• Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling the victim’s own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;
f. Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
g. Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical harm, or
through intimidation directed against the woman or her child or her/his immediate
family;
h. Engaging in purposeful, knowing, or reckless conduct, personally or through another,
that alarms or causes substantial emotional or psychological distress to the woman or
her child. This shall include, but not be limited to, the following acts:
• Stalking or following the woman or her child in public or private places;
• Peering in the window or lingering outside the residence of the woman or her child;
• Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
• Destroying the property and personal belongingness or inflicting harm to animals or
pets of the woman or her child; and
• Engaging in any form of harassment or violence;
i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or
her child, including, but not limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children of access to the woman’s
child/children.

Venue
The Regional Trial Court designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against women and their children under this
law. In the absence of such court in the place where the offense was committed, the case
shall be filed in the Regional Trial Court where the crime or any of its elements was
committed at the option of the compliant.

Prescription Period
 Acts falling under (a) to (f) mentioned above shall prescribe in twenty (20) years.
Acts falling under (g) to (I) shall prescribe in ten (10) years.

Take Note: Violence against women and their children shall be considered a public
offense which may be prosecuted upon the filing of a complaint by any citizen having
personal knowledge of the circumstances involving the commission of the crime.

Battered Woman Syndrome as a Defense

Victim-survivors who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal and civil liability notwithstanding the absence of any
of the elements for justifying circumstances of self-defense under the Revised Penal
Code.

SALIENT PROVISIONS OF RA NO. 7610

This Act shall be known as the "Special Protection of Children Against

Abuse, Exploitation and Discrimination Act."
Who is considered a child under R.A. No. 7610?
It refers to persons below eighteen (18) years of age or those over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical mental disability or condition;

What is child abuse?

It refers to the maltreatment, whether habitual or not, of the child which includes
any of the following:
• Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
• Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;
• Unreasonable deprivation of his basic needs for survival such as food and
shelter; or
• Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent
incapacity or death.

What physical injury is considered as child abuse?

One that causes severe injury or serious bodily harm to child, such as lacerations,
fractured bones, burns or internal injuries.

What psychological injury is considered as child abuse?

One that harms a child's psychological or intellectual functions. This may be
exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior or a
combination of said behaviors.

Employment of Children
Children below fifteen (15) years of age may be employed: Provided, That the
following minimum requirements are present;
a. The employer shall secure for the child a work permit from the Department of
Labor and Employment;
b. The employer shall ensure the protection, health, safety, and morals of the child;
c. The employer shall institute measures to prevent exploitation or dis-crimination
taking into account the system and level of remuneration, and the duration and
arrangement of working time; and
d. The employer shall formulate and implement a continuous program for training
and skill acquisition of the child.
 e. The Department of Labor and Employment shall promulgate rules and regulations
necessary for the effective implementation of this section.

Children as Zones of Peace

Children are hereby declared as Zones of Peace. It shall be the responsibility of the
State and all other sectors concerned to resolve armed conflict in order to promote the
goal of children as zones of peace. To attain this objective, the following policies shall be
observed:
a. Children shall not be the object of attack and shall be entitled to special respect.
They shall be protected from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment;
b. Children shall not be recruited to become members of the Armed Forces of the
Philippines or its civilian units or other armed groups, nor be allowed to take part in
the fighting, or used as guides, couriers, or spies;
c. Delivery of basic social services such as education, primary health and emergency
relief services shall be kept unhampered;
d. The safety and protection of those who provide services including those involved in
fact-finding missions from both government and non-government institutions shall
be ensured. They shall not be subjected to undue harassment in the performance
of their work;
e. Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots; and
f. All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.

Rights of Children Arrested for Reasons Related to Armed Conflict

Any child who has been arrested for reasons related to armed conflict, either as
combatant, courier, guide or spy is entitled to the following rights:
a. Separate detention from adults except where families are accommodated as family
units;
b. Immediate free legal assistance;
c. Immediate notice of such arrest to the parents or guardian of the child; and
d. Release of the child on recognizance within twenty-four (24) hours to the custody
of the Department of Social Welfare and Development or any responsible member
of the community as determined by the court.

Who May File a Complaint?

Complaints on cases of unlawful acts committed against the children as
enumerated above may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.

Salient Provisions of RA 9344 as amended by RA 10630

RA 9344
It is known as the “Juvenile Justice Welfare Act of 2006”. It was approved on
April 28, 2006. This law institutionalized the promotion of the well-being of child
and their families, involvement of parents and guardians, promotion of diversion,
avoiding deprivation of liberty and protecting the privacy rights of children.

RA 10630
 An Act Strengthening the Juvenile Justice System in the Philippines,
amending for the purpose Republic Act No. 9344. This law amended the title of
Republic Act No. 9344 into “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. This further emphasized child-
sensitive justice policies focused on the best interest of the child. This principle has
been first laid down in the Doha Declaration.

Terms used under RA 9344 and RA 10630

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

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

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

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

Take Note: Under PD 603, Youthful Offender is the proper term when the child
commits crime. But it was further amended by RA 9344 the proper term for such child
who is above 15 but below 18 commit crime is called Child in Conflict with the Law.

(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.

(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.

(0) “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) “Bahay Pag-asa” – refers to a 24-hour child-caring institution established, funded

and 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 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.
Who shall operate the Bahay Pag-asa?
A multi-disciplinary team composed of a social worker, a psychologist/mental
health professional, a medical doctor an educational/ guidance counsellor and a
Barangay Council for the Protection of Children (BCPC) member and shall operate the
Bahay Pag-Asa. The team will work on the individualized intervention plan with the child
and child’s family” (Section 2 of RA 10630).

(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.

STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

What is Juvenile Justice and Welfare Council (JJWC)

Under RA 9344, 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:
• Department of Justice (DOJ);
• Council for the Welfare of Children (CWC);
• Department of Education (DepED);
• Department of the Interior and Local Government (DILG);
• Public Attorney’s Office (PAO);
• Bureau of Corrections (BUCOR);
• Parole and Probation Administration (PPA));
• National Bureau of Investigation (NBI);
• Philippine National Police (PNP);.);
• Bureau of Jail Management and Penology (BJMP);
• Commission on Human Rights (CHR);
• Technical Education and Skills Development Authority (TESDA);
• National Youth Commission (NYC); and
• Other institutions focused on juvenile justice and intervention programs.

Take Note: RA 10630 amended this provision wherein it attached the Juvenile Justice
and Welfare Council (JJWC) to the Department of Social Welfare and Development,
since the chairman is the undersecretary of the DSWD.

Age of Criminal Responsibility and the Presumption of Minority

WHO ARE EXEMPTED?

• A child who is fifteen (15) years of age or under at the time of the commission of
the offense; and
• A child above fifteen (15) years of age but below eighteen (18) years of age if he or
she acted without discernment.

Take Note: However, both of them are required to undergo Intervention Program.

*Be noted further that they are exempted only from criminal liability and not from civil
liability.

Take Note: Discernment means the capacity of the child at the time of the commission
of the offense to understand the difference between right and wrong and the
consequences of the wrongful act.

Determination of Age
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.
Take Note: 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.

TREATMENT OF 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.

What is Intensive Juvenile Intervention and Support Center (IJISC)?

Under RA 10630, every ‘Bahay Pag-asa’ will have a facility called the Intensive
Juvenile Intervention and Support Center (IJISC). This Center will be allocated for children
in conflict with the law (CICL) specifically those child who is above twelve (12) years of
age up to fifteen (15) years of age found to have committed serious crimes, and who
commits an offense for the second time or oftener.

Take Note: Serious Crimes under this provision includes 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.

INITIAL CONTACT WITH THE CHILD

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.

Take Note: 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.

Duties during of Law enforcement officer and social worker during Initial
Investigation

a. The law enforcement officer shall, in his/her investigation, determine where the case
involving the child in conflict with the law should be referred.

b. 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.

c. 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 (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 The child shall give notice tobe subjected to a
community-based intervention program supervised by the local social welfare and
development officer who will, 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.) 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.”

Diversion

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 LCPC shall
conduct mediation, family conferencing and conciliation and, where appropriate, adopt
indigenous modes of conflict resolution in accordance with the best interest of the child
with a view to accomplishing 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.

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. 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 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.

Take Note: 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.

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.

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) mentioned
above; 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.

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.

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; 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.

Take Note: 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.”

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. Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the appropriate disposition measures
as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

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.

Take Note: The discharge of the child in conflict with the law shall not affect the civil
liability resulting from the commission of the offense, which shall be enforced in
accordance with law.

Return of the Child in Conflict with the Law to Court

 If the court finds that the objective of the disposition measures imposed upon the
child in conflict with the law have not been fulfilled, or if the child in conflict with the law
has willfully failed to comply with the conditions of his/her disposition or rehabilitation
program, the child in conflict with the law shall be brought before the court for execution
of judgment.

Take Note: 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.

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.

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.

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
 ADOPTION

Adoption is defined as the process of making a child, whether related or not to the
adopter, possess in general, the rights accorded to a legitimate child. Generally, only
minors are adopted, except in cases when the adoption of a person of majority age is
allowed.

Qualification of an Adopter
1. A person of age and in possession of full civil capacity and legal rights may adopt,
provided he is in the position to support and care for the children in keeping with
the means of his family
2. He must be at least 16 years older than the person to be adopted, unless the
adopter is the parent by nature of the adopted.

The following persons may not adopt

1. The guardian with respect to the ward prior to the approval of the final accounts
rendered upon termination of their guardianship status.
2. Any person who has been convicted of a crime involving moral turpitude
3. An alien, except:
- A former Filipino citizen who seeks to adopt a relative by consanguinity.
- One who seeks to adopt legitimate child of his or her Filipino spouse; or
- One who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse a relative by consanguinity of the latter.
4. Husband and wife must jointly adopt, except in following cases:
- When one spouse seeks to adopt his own illegitimate child
- When one spouse seeks to adopt the legitimate child of the other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate child of
the other, joint parental authority shall be exercised.

Joint parental authority is exercised if the husband and wife jointly adopt and one
spouse adopts the legitimate child of the other. In case there is a disagreement in
the exercise of such joint parental authority, the father’s decision shall prevail,
unless there is a judicial order to the contrary.

The following may not be adopted

1. A person of legal age, unless he or she is the child by nature of the adopter or his
or her spouse, or prior to the adoption, said person had been consistently
considered and treated by the adopter as his or her own child during minority;
2. An alien with whose government the Republic of the Philippines has no diplomatic
relations;
3. A person who has already been adopted unless such adoption has been previously
revoked or rescinded

The written consent of the following to the adoption shall be necessary

a. The person to be adopted, 10 years of age or over.
b. The parents by nature of the child, the legal guardian, or the proper government
instrumentality;
c. The legitimate and adopted children, 10 years of age or over, of the adopting
parents;
d. The legitimate children, 10 years of age or over, of the adopting parents, if living
with said parent and the latter’s spouse if any; and
e. The spouse, if any of the person adopting or to be adopted.

Effects of Adoption
 a. For civil purposes, the adopted shall be deemed to be legitimate child of the
adopters and both shall acquire the reciprocal rights and obligations arising from
the relationship of parents and child, including the right of the adopted to use the
surname of the adopters;
b. The parental authority of the parents by nature over the adopted shall be
terminated and be vested in the adopters, except that if the adopter is the spouse
of the parents by nature of the adopted, parental authority shall be exercise jointly
by both spouse;
c. The adopted shall remain intestate heir of his parents and other blood relatives.

LEGITIME

1. The legitime of each legitimate child is half of the parents state divided by the number
of children. The legitime must always be given unless the child is validly disinherited
for a legal cause. The free portion of the property may also be given to the children to
any of them.
2. If the child dies ahead of his father, the heir of the child can get the child’s legitime
from the father’s estate in the testamentary succession.

PARENTAL AUTHORITY

PARENTAL AUTHORITY (PATRIA POTESTAS) is the mass of rights and obligations

which parents have in relation to the person and property of their children until their
emancipation, and even after under certain circumstances.

CHARACTERISTICS OF PARENTAL AUTHORITY:

1. It is a natural right and duty of the parents (Art. 209)
2. It cannot be renounced, transferred or waived, except in cases authorized by
law (Art 210)
3. It is jointly exercised by the father and the mother (Art. 211)
4. It is purely personal and cannot be exercised through agents
5. It is temporary

SUSPENSION OF PARENTAL AUTHORITY: CHOBA

1. Conviction of parent for crime without civil interdiction
2. Treats child with excessive harassment and cruelty
3. Gives corrupting orders, counsel or example
4. Compels child to beg
5. Subjects to or allows acts of lasciviousness

NOTE: The suspension or deprivation may be revoked and the parental authority
revived in a case filed for the purpose or in the same proceeding if the court finds
that the cause therefore has ceased and will not be repeated

GROUNDS FOR THE PERMANENT TERMINATION OF PARENTAL AUTHORITY:

1. Death of parents
2. Death of child
3. Emancipation of child
4. Parents exercising parental authority has subjected the child or allowed him to
be subjected to sexual abuse

GENERAL RULE: A child under 7 years of age shall not be separated from the mother
UNLESS the court finds compelling reasons to order otherwise. Paramount consideration
in matters of custody of a child is the welfare and well-being of the child (Tonog v. CA).

LIABILITY OF PARENTS FOR TORTS COMMITTED BY THEIR MINOR CHILDREN:

Parents and other persons exercising parental authority shall be civilly liable for the
injuries and damages caused by the acts or omissions of their minor PROVIDED the
children are living in their company and under their parental authority.
SELF – CHEK EVALUATION

1. It refers to a child who is alleged as, accused of, or adjudged as, having committed an
offense under Philippine laws.
a. Juvenile Delinquency c. Child at risk
b. Youthful Offender d. Child in conflict with the law

2. Youth problems to include juvenile delinquency, welfare and rehabilitation are part and
functions of:
a. DECS b. DSWD c. DOJ d.
DOH
3. The following are examples of juvenile delinquency, except:
a. a child who is sick c. a child who disobey his parents
b. a child who violates the law d. a child who is truant from school
4. The taking of the child in conflict with the law by any law enforcement officers or
private persons for the purpose of custody refers to:
a. Arrest c. Deprivation of child liberty
b. Initial contact with the child d. Apprehension
5. This refers to the program that a 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.
a. Diversion program c. Intervention program
b. Community based program d. Rehabilitation
6. Under R.A. 9344, a child or minor who committed an act in violation of law is known
as:
a. Juvenile Delinquent c. Criminal
b. Child in conflict with the law d. Youthful Offender
7. Family functions are any of the following, except:
a. to abandon the home
b. to nurture the growth of personality of the children
c. to meet the emotional needs of the child in the family
d. to provide physical and spiritual care to the children
8. A family type with a father, mother and child/children is known as:
a. Family c. Extended Family
b. Nuclear Family d. Structural Completeness
9. It is a document issued, either by a church or state authority, authorizing a couple to
marry.
a. Marriage Contract c. Marriage Permit
b. Marriage License d. Marriage Agreement
10. This law stated that, “children who disobeyed their parents could be put to death”.
a. Stubborn Child Law c. Keating-Owen Act
b. Law of Hammurabi d. None of them
11. This refers to the right and responsibility of the government to take care of minors
and others who cannot legally take care of themselves.
 a. Parens Patriae c. Parents Pariea
b. Paren Patria d. Parents Patriae
12. The following are the types of neglect, except:
a. Physical Neglect c. Mental Neglect
b. Emotional Neglect d. Educational Neglect
13. The husband and wife are obliged to live together, observe mutual love, respect and
fidelity, and render mutual and .
a. Help and Support c. Love and Justice
b. Care and Love d. Hope and Obedience
14. It refers to any behavioral disorder, whether functional or organic, which is of such a
degree of severity as to require professional help or hospitalization.
a. Mentally Illness c. Abnormal Behavior
b. Abnormality d. Physical Illness
15. This group of mental retardation has a manifestation of inability to acquire higher
academic skills, but can usually acquire the basic skills for living to a reasonable degree.
This is refers to:
a. Educable Group b. Borderline Group c. Trainable Group
d. Custodial Group
16. P/Supt. Vintero was conceived and born outside a valid marriage. Thus, he is
considered as .
a. Legitimate Child b. Legitimated Child c. Adopted Child
d. Illegitimate Child
17. Ms. Miguel wanted to finally marry her boy friend. However, in contracting their
marriage, what is the possible requirement since both of them are still at the age of 21?

a. Parental Guidance b. Parental Love c. Parental Consent

d. Parental Advice
18. It exists if children are maltreated, raped or seduced; if children are exploited,
overworked or made to work under conditions not conducive to good health; or exposed
to gambling, prostitution and other vices. This is specifically known as .
a. Physical Abuse c. Emotional Neglect
b. Child Abuse d. Child Exploitation
19. It is a twenty-four hour child-caring institution providing short term resident care for
youthful offenders who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction.
a. Child Caring Institution c. Detention Home
b. Foster Care Institution d. Receiving Home
20. This special category of children is one without a parent, guardian or custodian; or
one whose parent, guardian or other custodian for good cause desires to be relieved of
his care and custody; and is dependent upon the public for support.
a. Abandoned Child c. Dependent Child
b. Neglected Child d. Adopted Child
21. It is a child-caring institution that provides care for six or more children below six
years of age for all or part of a twenty-four hour day, except those duly licensed to offer
primarily medical and educational services.
a. Maternity Home c. Child Placing Agency
b. Reception and Study Center d. Nursery Home

22. Children who are crippled, deaf-mute, blind, or otherwise defective which restricts
their means of action on communication with others is generally known as:
a. Mentally Disabled c. Physically Handicapped
b. Physically Ill d. Physically Disturbed
23. A 69 years old widowed grandfather (lolo) married his 32 years old granddaughter
(apo). Under the legal text of the Family Code of the Philippines their marriage is
considered as void by reason of blood relationship. Thus, because of blood relationship
existing between the grandfather and to his granddaughter who happened to become
his wife their marriage is known as .
a. Void Marriage c. Incestuous Marriage
b. Invalid Marriage d. Illegitimate Marriage
24. Alimony was mentioned in the first recorded code of law in the world. What is this
code?
a. Code of Hammurabi c. Code of Draco
b. Code of Kalantiaw d. Code of Ur-Nammu
25. The chapter 2 of Family Code provides the following marriages exempted from
license requirement, except:
a. Marriages in articulo mortis or at the point of death
b. Marriages in remote places
c. Marriages between Muslims or among members of the ethnic cultural
communities
d. None of the above
26. The following are allowed to solemnize marriage under Art. 7 of E.O. 209, except:
a. Any ship captain or airplane chief in case of articulo mortis
b. Any incumbent member of the judiciary within the court's jurisdiction
c. Any military sergeant during war times especially at the verge of death of any
military member
d. Any priest, rabbi, imam, or minister of any church or religious sect duly
authorized by his church
27. During military operation, fatally wounded Corporal Dizon wanted to marry his
girlfriend who immediately arrived at the military operation site. Thus, who is authorized
to solemnize the marriage?
a. Military personnel with a rank of colonel
b. Military Commander
c. Military Chaplain
d. The direct superior of the Sergeant Dizon
28. It is a Latin phrase which means “from table and bed,” although it is often translated
as “from bed and board.” It is essentially a court-sanctioned separation, meaning that
the spouses may legally live apart, but they are still legally married. This Latin phrase is
known as .
a. Mensa et thoro c. Mesa de gallo
b. Mere de gloto d. Mena et Quadra
29. A petition for legal separation may be filed only by the and .
a. Father and Mother of both parties c. Son and Daughter of both parties
b. Anyone among them d. Husband and Wife
30. In marriage, repeated physical violence or grossly abusive conduct directed against
the petitioner, a common child, or a child of the petitioner and physical violence or moral
pressure to compel the petitioner to change religious or political affiliation is a ground for
dissolution or separation of husband and wife. To be specific, the aforementioned
violence is applicable for the filling of .
a. Annulment of Marriage c. Divorce
b. Legal Separation d. Child Adoption
31. One of the effects of filing a petition for legal separation is that the husband has no
more rights to have with his wife and if he forces himself upon her, he can be
charged criminally.
a. Sexual Intercourse c. Talk with their children
b. Lunch Break d. Communication
32. If a child is malnourished, ill clad and has no proper shelter, he is considered as:
a. Emotionally Neglected c. Socially Neglected
b. Physically Neglected d. Morally Neglected
33. This refers to the sum total of the rights of the parents over their children.
a. Parental Authority c. Parental Responsibility
b. Parental Rights d. Parental Obligation
34. The goal of any juvenile justice system is to:
a. punish children. c. ensure that children are in school.
b. remove children from the streets. d. save children from becoming
criminals.
35. The age of majority under the Philippine law is:
a. 9 a. 18 c. 15 d. 21
36. If the child, his/her parents or guardian do 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, transmit the child 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 in bold letters.
a. CONFIDENTIAL c. SENSITIVE CASE
b. CHILDREN d. CHILD
37. The rehabilitation, training or confinement area of children in conflict with the law
shall provide a environment where children in conflict with the law can be
provided with quality counseling and treatment.
a. Friendly b. Ghost c. Home d. Good

38. The practice of matching Filipino women for marriage to foreign nationals on a mail
order basis is commonly known as Mail Order Bride. What law basically declares Mail
Order Bride unlawful?
a. R. A. 6955 b. R. A. 9262 c. R. A. 9263
d. R. A. 7610
39. A youthful offender shall be returned to the committing court for the pronouncement
of judgment, except when:
a. the child has behaved properly.
b. the child has been found to be incorrigible.
c. his continued stay in the institution is already inadvisable.
d. the child has failed to comply with the rules and condition of his rehabilitation.
40. If during the suspension of sentence the youthful offender is found incorrigible or he
willfully failed to comply with the condition of his rehabilitation programs he shall be .
a. placed under solitary. c. placed in foster home.
b. he subjected in religious counseling. d. returned to the committing court .
41. This provides temporary protection and care to children requiring emergency
reception.
a. Foster Home c. Receiving Home
b. Shelter Care Institution d. Detention Home
42. The Foundation of a Nation refers to which of the following?
a. Family b. Church c. School d.
Community
42. It refers to the principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community.
a. Juvenile justice System c. Welfare System
b. Restorative Justice d. Criminal Justice
43. What is the most difficult type of abuse to identify and stop?
a. Physical Abuse c. Emotional Abuse
b. Sexual Abuse d. Child Abuse
44. It is defined as the involvement of dependent, developmentally immature children in
sexual activities that they do not fully comprehend and therefore to which they are
unable to give informed consent and/or which violates the taboos of society.
a. Physical Abuse c. Emotional Abuse
b. Sexual Abuse d. Child Maltreatment
45. Juveniles in conflict with the law are victims of circumstances beyond their control
that should be treated as individuals with a problem who need help and need to be
provided with appropriate assistance and services to ensure the full protection of their
rights for survival, protection, and participation.
a. Security b. Service c. Development d. Dedication

46. It refers to the series of activities designed to address issues that caused the child to
commit an offense. It may take the form of an individualized treatment program which
includes counseling, skills training, education, and other activities that will enhance
his/her psychological, emotional and psycho-social well-being. This is known as .
a. Emancipation c. Restorative Justice
b. Intervention d. Rehabilitation
45. This law prohibits the employment of children below 15 years of age in public and
private undertakings, amending for this purpose section 12, article 8 of R.A. 7610?
 a. R. A. 9208 b. R. A. 7658 c. R. A. 9262
d. R. A. 9231
46. In relation to the rehabilitation and reintegration of female children, 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. However, what
training is required before personnel of rehabilitation and training facilities could handle
children in conflict with the law?
a. Psychology Training c. Gender Sensitivity Training
b. Juvenile Care Training d. Rehabilitation Training
47. For those above 15 years old and who acted with discernment during the
commission of crime, if the offense committed has an imposable penalty of more than
six years of imprisonment (as in cases of rape or murder), the law provides that the child
shall undergo court proceedings. When brought to court, the child may be placed under
and be subjected to rehabilitation programs. In no instance shall the CICL be put
in jail. a. House Arrest c.
Medical Check-up
b. Suspended Sentence d. Detention
48. This type of parenting style sees parents as warm but firm. Parents set standards for
the child’s conduct but form expectations consistent with the child’s developing needs
and capabilities.
a. Authoritative Parents c. Authoritarian Parents
b. Indulgent Parents d. Indifferent Parents
49. This type of emotional abuse shows no attachment to the child. Parents may show no
interest in the child, express affection or even recognize the child's presence.
a. Ignoring c. Rejecting
b. Corruption d. Isolation
50. Under RA 10630 and RA 9344, all records and proceedings involving children in
conflict with the law from initial contact until final disposition of the case shall be
considered:
a. privileged and confidential c. secret and confidential
b. confidential and top secret d. anonymous and privileged