Final

PHILIPPINE COLLEGE FOUNDATION
SCHOOL OF CRIMINOLOGY
Hagkol, City of Valencia, Bukidnon, 8709, Tel No. (088-222-2657)
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IN
PREFACE
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In the past, Filipinos did not make distinctions between children and adults, as did people in other
countries of the world. Youth offenders were treated in the same way as adults. With the passing of time,
issues concerning children’s right had been brought in the light and since then, efforts have been made
worldwide towards creating a justice system that would be for the best interest of the young citizens, the
modern society is expected to be child-centered and protective of children.
I. OVERVIEW
INTRODUCTION/RATIONALE
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This course covers the legal mandates, organizational structure, duties and responsibilities and
function of law enforcement and public safety agencies.
OBJECTIVES:
This chapter provides a foundation for understanding police administration. The terms
administration, management and organization often are used interchangeably, but they represent
distinct behaviors and activities.
LEARNERS:
This module is intended for 3rd year Bachelor of Science in Criminology students.
TIME FRAME:
One semester, 3 hours per week, face-to-face.
PRE-REQUISITE: CRIM 1-4
LEARNING PLAN
B.1 LEARNING OBJECTIVES

At the end of the lesson, the student should be able to, define juvenile, delinquent person, juvenile
delinquency and juvenile crime, difference between juvenile delinquency and criminality and understand the
nature of delinquency.
LEARNING UNIT 1
A. SEGMENT 1. DEFINITION OF TERMS
1. ABANDONMENT- The most common legal grounds for termination of parental rights, also a form of
child abuse in most states. Sporadic visits, a few phone calls or birthday cards are not sufficient to
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maintain parental rights. Fathers who manifest indifference toward a mother are also viewed as
abandoning the child when it is born.
2. ABUSE- term for acts or omissions by a legal caretaker. Encompasses a broad range of acts, and
usually requires proof of intent.
3. ADJUDICATION- The phase of a delinquency hearing similar to a “trial” in adult criminal court,
except that juveniles have no right to a jury trial , a public trial or bail.
4. ADMINISTRATIVE PROCEDURE- Any of the processes involving enforcement of care, custody or
support orders by an executive agency rather than by courts or judges.
5. ADOPTION- a legal relationship between two people not biologically related, usually terminating
the rights of biological parents, and usually with a trial “live-in” period. Once an adoption is
finalized, the records are sealed and only the most compelling interest will enable disclosure of
documents.
6. BEST INTERESTS OF THE CHILD RULE- legal doctrine establishing court as determiner of best
environment for raising a child. An alternative to the Parens Patriae Doctrine.
7. BREED VS. JONES (1975)- case following second prosecution in adult court for conviction in juvenile
court, based on idea that first conviction was a “civil matter”.
8. CASE LAW- law established by the history of judicial decisions in cases decided by judges, as
opposed to common law which is developed from the history of judicial decisions and social
customs.
9. CHILD PROTECTION ACTION- the filing of legal papers by a child welfare agency when its
investigation has turned up evidence of child abuse. This is a civil, rather than criminal, charge
designed to take preventive action (like appointment of a Guardian ad litem) for at-risk children
before abuse occurs.
10. CHILD SUPPORT- the act of being responsible for enforcing child support obligations.
11. CHILD VICTIM’S AND CHILD WITNESS RIGTHS- a 1990 federal law allowing courts to take
extraordinary steps in protecting the emotional health of any child called to testify in courtroom.
12. CHINS (Child in Need of Supervision)- a term applied to status offenders adjudicated in juvenile
court.
13. CIVIL PROTECTION ORDER- a form of protective custody in which a child welfare or policy agency
order an adult suspected of abuse to leave the home.
14. CUSTODIAL CONFINEMENT- court order for placement in a secure facility, separate from adults, for
the rehabilitation of a juvenile delinquent.
15. DELINQUENCY PROCEEDING- Court action to officially declare someone a juvenile delinquent. A
“delinquent” is defined as under the age of majority who has been convicted in juvenile court of
something that would be classified as a crime in adult court.
16. DEPENDENT- anyone under the care of someone else. A child ceases to be a dependent when they
reach the age of emancipation.
17. DESHANY VS WINNEBAGO COUNTY (1989)- Case limiting extent by which government exercises
parens patriae power.
18. DISPOSITION- phase of delinquency proceeding similar to “sentencing” phase of adult trial. The
judge must consider alternative, innovative and individualized sentences rather than imposing
standard sentences.
19. DIVERSION- an alternative to trial decided upon at intake to refer the child to counselling or other
social services.
20. EMANCIPATION- independence of a minor from his or her parents before reaching the age of
majority.
21. EQUAL PROTECTION- a clause requiring government to treat similarly situated people the same or
have good reason for treating them differently. Compelling reasons are considered to exist for
treating children differently.
22. FAMILY IMMUNITY DOCTRINE- legal doctrine preventing unemancipated children from suing their
parents.
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23. FAMILY PURPOSE DOCTRINE- legal doctrine holding parents liable for injuries caused by a child’s
negligent driving or other actions.
24. FOSTER CARE- temporary care funded via Federal-State pass-through and arranged by a child
welfare agency in order to allow receipt of adequate food, clothing, shelter, education and medical
treatment for anyone raising a child that is not their own.
25. GUARDIAN AD LITEM- phrase meaning “For the Proceeding” referring to adults who look after the
welfare of a child and represent their legal interests.
26. GUARDIANSHIP- court order giving an individual or organization legal authority over a child. A
guardian of the person is usually an individual and the child is called a ward. A guardian of the
estate is usually an organization, like a bank, which manages the property and assets of a child’s
inheritance. Guardians are usually compensated for their services.
27. ILLEGITIMACY- being born to unmarried parents. The law assumes legitimacy via a married
mother’s husband, whether or not this is the true father. Illegitimacy status limits inheritance rights.
28. IN LOCO PARENTIS- teachers, administrators and babysitters who are viewed as having some
temporary parental rights and obligation.
29. IN RE GAULT (1967)- (U.S) case that determined the Constitution requires a separate juvenile justice
system with certain standard procedures and protections, but still not as many as adult systems.
30. INTAKE- procedure prior to preliminary hearing in which a group of people (intake officer, police,
probation, social worker, parent and child) talk and decide whether to handle the case formally or
informally.
31. JUDGEMENT- any official decision or finding or a judge or administrative agency hearing officer
upon the respective rights and claims of parties to an action; also known as a decree or order.
32. KENT VS U.S (1966)- case requiring a special hearing before any transfers to adult court.
33. MATERNAL PREFERENCE RULE- legal doctrine granting mother’s custodial preference after a
divorce.
34. NEGLECT- parental failure to provide a child with basic necessities when able to do so. Encompasses
a variety of forms of abuse that do not require the element of intent.
35. PARENS PATRIAE- legal doctrine establishing “parental” role of state over welfare of its citizen,
especially its children. A 19th century idea first articulated in Prince v. Massachusetts (1944).
36. PAROLE- release of a juvenile delinquent from custodial confinement prior to expiration of
sentence; sometimes called aftercare.
37. PATERNITY- result of lawsuit forcing a reluctant man to assume obligations of fatherhood. Blood
and DNA tests showing a 98 or 99 percent like hood are the standard. Laws vary widely in terms of
limitations and when paternity actions will not be allowed (estoppel).
38. PLEADING- in juvenile court, a plea of “not guilty” will move the case to adjudication and a “plea of
guilty” or “nolo contendere” will result in waiver of right to trial. State procedures vary widely in
how intelligent and voluntary pleas are accepted.
39. PRELIMINARY HEARING- the bringing of a juvenile before a magistrate of judge in which charges
are formally presented. Similar to an arraignment in adult court and also called “advisory hearings”
or “initial appearances” in some state juvenile justice systems.
40. PREVENTIVE DETENTION- keeping a juvenile in custody or under a different living arrangement
until the time when adjudication can take place. Upheld in Schall v. Martin (1984), but the right to
speedy trial requires the dropping of charges if an unreasonable amount of time is spent in
preventive detention.
41. PROTECTIVE CUSTODY- emergency, temporary custody by a child welfare agency, police agency, or
hospital for reasons of imminent danger to the child. A hearing must be held for the benefit of the
parents within a few days.
42. PSYCHOLOGICAL PARENT DOCTRINE- legal doctrine granting custody to the parent whom the child
feels the greatest emotional attachment to.
43. RESTITUTION- a disposition requiring a defendant to pay damages to a victim. The law prohibits
making restitution a condition of receiving probation. Poor families cannot be deprived of
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probation simply because they are too poor to afford restitution. Some states do not allow families
to pay restitution.
44. RULE OF SIXTEEN- (U.S) federal and state laws that prohibit anyone under age of 16 from
employment.
45. STANFORD V KENTUCKY (1989)- case in which it was determined constitutional to execute juveniles
between the ages of 16-18, but unconstitutional if they committed crimes while under age 16. Won
by a narrow majority, as in the 1988 case of Thompson vs. Oklahoma which relied upon “standards
of decency”.
46. STATUS OFFENSE- an activity illegal when engaged in by a minor, but not when done by adult.
Examples include truancy, curfew, running away or habitually disobeying parents.
47. STEPPARENT- a spouse of a biological parent who has no legal rights or duties to the child other
than those which have been voluntarily accepted.
48. SURROGATE PARENT- a parent who provided an egg, sperm or uterus with intent of giving the child
up for adoption to specific parties.
49. TENDER YEARS DOCTRINE- legal doctrine that unless the mother is “unfit” very young children
should be placed in custody with their mother following a divorce.
50. TERMINATION HEARINGS- process for legally severing the parent-child relationship. Initiated by the
filing of a petition in family court, and almost always brought forth by a child welfare agency.
Requires a finding of “unfitness” and a determination of the best interest of the child.
51. UNFIT PARENT- a temporary or permanent termination of parental rights in the best interest of the
child usually for reasons of abandonment, abuse or neglect, but also including mental illness,
addiction or criminal record. Poverty alone and character flaws are prohibited by law from being
indicators of “unfitness”.
SEGMENT 2. Historical Background of Juvenile Delinquency and Juvenile Justice System

1. The Code of Hammurabi
- This code was the first comprehensive description of system used by society to regulate
behavior and at the same time punish those who disobeyed the rules.
- The main principle of this code was that “the strong shall not injure the weak”. It established
a social order based on individual rights.
- It is the origin of the legal principle of Lex Taliones, that is, “an eye for an eye”.
- In 1641, the General Court of Massachusetts passed the Stubborn Child Law, which stated
that children who disobeyed their parents could be put to death. Stubborn child law was
based on the Puritan belief that unacknowledged social evils would bring the wrath of God
down upon the entire colony. The Puritans believed they had no choice but to respond to
juvenile misbehaviour in a strict and calculated way.
- On the other hand, Puritans believed children were born sinful and should submit to adult
authority and hard labor. In 1646, the Virginia General Assembly passed a law to prevent
“Sloth and Idleness”.
2. American Postcolonial Patterns of Delinquency

- Once a child has become special, new “Children Only” laws were passed. There was an
increasing demand on the state to take responsibility for improving the lives of children and
eventually new regulations, such as, child labor laws were enacted.
⮚ In 1916, United States congress passed the Keating-Owen Act, the first piece of child
labor in America. Though it was overturned after 2 years through the case of
Hammer V. Dagenheart, it did lay the ground work for the passage in 1938 of the Fair
Labor Standards Act.
⮚ 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”. According to child savers,
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parents of juveniles should be sterilized to prevent further members of the

“dangerous class” from being born-Eugenics. It was in the political climate that the
doctrine of Parens Patriae was created and it became significant influence on the
development of juvenile justice which came from the Feudal Period of England.
⮚ In 1818, a committee reports listed “juvenile delinquency” as a major cause of
pauperism, the first public recognition of the term juvenile delinquency.
⮚ In 1899 the Illinois legislature passed a law establishing a juvenile court that became
the cornerstone for juvenile justice throughout the United States. The first juvenile
courts functioned as administrative agencies of the circuit or district courts and were
mandated as such by legislative action. The vision of the child savers and the
founders of the juvenile court was the rehabilitative idea of reforming children
instead of punishing them. Probation, according to the 1899 Illinois Juvenile Court
Act, was to have both an investigative and a rehabilitative function.
The historical and Philosophical Roots of the Juvenile Justice System are:
1. Stressing the social contract,
2. The prevention of crime, and
3. The need to make any punishment fit the crime committed.
House of Corrections for Juvenile Delinquent

1. Bridewells- it was the first house of corrections in England. They confined both children and adults
considered to be idle and disorderly. As time progressed, conditions in the Bridewells and other places
of confinement became so deplorable that several individuals demanded reform.
2. Hospice of San Michele (Saint Michael)- This 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.
SEGMENT 3. Theories of Crime and Delinquency

I. Supranational, Classical and Neoclassical Theories
1. Supranational Theory
Supranational theories blame delinquency on demonic possession. People believed criminals
were possessed by the evil.
2. Classical Theory
Classical school criminologist believed that people are rational, intelligent beings who exercise
free will or the ability to make choices. People calculate the costs and benefit of their behavior
before they act. In the same way, children who skip school first determine the like hood of
getting caught against the potential fun they have. Similarly juveniles who rape weigh the
pleasure they imagine they will have against being arrested, prosecuted, convicted and sent to
prison. Because behavior is a conscious decision people make, they must be held accountable
for their actions and their consequences.
3. Neoclassical School Theory
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Strongly argued the rigidity of classical theory. It did not take into account why people
commit crime. Instead all people were held equally responsible for their behavior. Those who
commit similar crimes received identical punishment.
The classical school focused on the criminal act and not the actor. But in reality people
are not the same. Children, insane and the incompetent are not as responsible for their
behavior as adults, the same and the competent. The idea that there are real differences among
people led to the development of Neoclassical School.
Neoclassical reformers agreed to the concept of classical leaders that people were
rational, intelligent beings who exercise free will. But they also thought some crimes were
caused by the factors beyond offender’s control.
4. Modern Classical School Theory

4.1 Rational Choice Theory
It claimed that delinquents are rational people who make calculated choices regarding what
they are going to do before they act. Offenders collect, process and evaluate information about
the crime and make the decision whether to commit it after they have weighed the cost and
benefits in doing so. Crime in other words is a well thought out decision. Offenders decide
whether to commit it, who or what to target and how to execute it.
4.2 Routine Activity Theory

It is focused on the crime target or anything an offender wants to take control of, whether it
is a house to break into or a bottle of beer to shoplift. Before crime will occur however three
elements must come together:
1. Motivated offenders;
2. Suitable targets; and
3. Opportunity.
II. Biological and Psychological Theories

1. Scientific Study of Crime (Positive School of Criminology)
Believed that crime was caused by factors that are in place before the crime occurs. It is
presumed that the behavior was determined by something and it was their job to discover what
it was. Free will had nothing to do with the people do.
2. Biological Theory
These theories locate causes of crime inside the person. One early explanation examined the
role of physical appearance.
3. Psychoanalytic Theory
Can be traced through Sigmund Freud who believe that personality consists of 3 parts; the id,
ego and superego.
4. Behavioral Theory and Delinquency

Burrhus Frederick Skinner is the most widely acclaimed behaviourist who believes that
environment shapes behavior. Skinner thought children learn which aspects of their
environment are pleasing and which one are painful. Their behavior is the result of the
consequences it produces. His research with pigeons demonstrated that organisms act on their
environment to elicit where subjects do something and connect what they do to the response
they receive. Children will repeat rewarded behavior and abort punished behavior.
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Albert Bandura expanded on Skinner’s ideas and developed the theory of aggression where he
said children learn by modelling and imitating others. Delinquent behavior is learned direct,
face to face interaction or by observing others.
III. Cultural Deviance, Strain and Social Control Theories

1. Cultural Deviance Theory
Children do not really commit deviant acts. Their behavior may be considered deviant by larger
society but it is compatible with the behavior in their neighbourhood. In this view what society
calls delinquency is actually conformity to norms frowned upon by “outsiders” but not
“insiders".
2. Strain Theories
Assumes that children are basically good. Only under pressure (strain) why they deviate.
Pressure for deviance comes from their having internalized society goals such as being
successful and wanting to achieve them. But many cannot become successful by conforming to
society’s rules out of desperation and they turn to crime.
3. Social Control Theory

Assumes that children are moral. Without control on their behavior they are inclined to break
the law. Delinquency is thus expected behavior, which needs to explain why most children obey
society’s rules most of the time.
IV. Labelling and Conflict Theory

1. Labelling Theory
Believes that human nature in malleable and that personality and behavior are products of
social interaction. Labelling theorists therefore emphasized the power of social response,
especially in the form of social control to produce delinquent behavior. Their concern is that
publicly or officially labelling someone as a delinquent can result in the person becoming very
thing he is described as being.
2. Conflict Theory
Conflict within society as normal and rejects the idea that society is organized around a
consensus of values and norms. Conflict theorists believe that in its normal state, society is held
together by force, coercion and intimidation. The values and norms of different groups are often
the basis of conflicting interest held by groups that have obtained sufficient power or influence
to determine legislation. Conflict theory of Karl Marx mode suggests that capitalism is the
essential root of crime and that repressive efforts by ruling class to control the lower class
produce delinquency.
V. Female Delinquency Theories

a. Biological and Psychological Theories
Early emphasis on biological and psychological causes of behavior, female law violators were
seen as uniquely different from male criminals.
a.1 Lombroso and Ferrero’s Atavistic Girl

According to them women is naturally more childlike, less intelligent, lacking in person,
more maternal and have weak characteristic that make them less inclined to commit crimes.
Women’s criminality is a product of their biology, but this biology also keeps “occasional
criminals” as were most male delinquent.
a.2 Freud’s “Inferior Girl”
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Female delinquency arising primarily out of the anatomical inferiority of women and their
inability to deal adequately with Electra complex, which emerges during Oedipal stage of
development (between age 3 to 6). Freud believed that when girls realized they have no
penis they sense that they are being punished because boys have something important they
have been denied. Consequently, they develop penis envy, which result in inferiority
complex.
a.3 Thomas’s “Unadjusted Girl”

Males and females are biologically different. Although both males and females are
motivated by natural biological instincts leading to wish fulfilment how they approach the
fulfilment if wishes differs. Thomas identified four distinct categories of wishes:
1. The desire for new experience
2. The desire for security
3. The desire for response
4. The desire for recognition
a.4 Pollak’s “Deceitful Girl”

Women are actually as criminal as men but their criminality is hidden or “masked”. The
masking of their crimes and delinquencies is a result of natural psychological differences in
the sexes as well as the tendency of males to overlook or excuse offences by women.
He believed that the psychological nature of women makes them more deceitful than men.
With less physical strength than men, women must resort to indirect or deceitful means to
carry out or vent their aggression; women also are more likely to be instigators and men’s
are perpetrators of crime.
b. Marxist-Feminist Theories
Combines the notion of patriarchal male dominance in the home and interpersonal
relationships with male control in the means of production. Societies characterized by
patriarchal capitalism, male owners or managers of capital control workers and men control
women. Thus under the patriarchal capitalism, women experience double marginality; women
are subordinate to both capitalists and men. Messerschmitt suggest that girls are likely to be
involved in serious delinquencies for 3 reasons:
1. Most crimes are masculine in nature; physical strength, aggressiveness and external proofs
of achievement are facet of male personality;
2. Because women are subordinate and less powerful they have fewer opportunities to engage
in serious crimes;
3. Males control even illegitimate opportunities and females relegated to subordinate roles
even in criminal activities.
c. Power Control Theory

By John Hagan and his associates argues that girls engage in less delinquency because their
behavior is more closely monitored and controlled by parents in patriarchal families.
d. Differential Oppression Theory

Provides framework for understanding why girls become delinquents as well as why they are
less inclined to delinquency than males. DOT argues that adults oppress children as they
attempt to impose and maintain that adults and consequently experience a sense of powerless
and marginality through oppressive mans. Generally, the more oppressed the child is, the more
likely they will become delinquent.
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Girls in patriarchal societies however are doubly oppresses; they are oppressed as children and
as females.
POST-TEST
Activity No 1.
Instruction:
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⮚ Answer the following questions below.

⮚ Put your answer on your designated BIG NOTEBOOKS and make sure that the penmanship is really
yours.
⮚ Kindly check and arrange your output properly before submitting it.
⮚ Write it in 100 words per question.
Essay:
1. Why do you think we need to know the historical background of Juvenile Delinquency and Juvenile
Justice System? What is its relevance in the crime prevention?
2. Identify the important features of the following:
a. Code of Hammurabi
b. American Postcolonial Patterns of Delinquency
3. Draw an example of the following:
a. Bridewells
b. Hospice of San Michele
c. House of Refuge
4. How does the previous theory of juvenile delinquency affect the administration of juveniles today?
5. Identify the similarities and differences of all the theories affecting juvenile delinquency.
6. Of all Female Delinquency Theory, in your own point of view which one mostly influences juvenile
delinquency? Why?
LEARNING UNIT 2
SEGMENT 1. BRIEF HISTORY OF JUVENILE DELINQUENCY
The Harsh beginning- children were viewed as non-persons until the 1700’s. They did not receive
special treatment or recognition. Discipline then is what we now call abuse.
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There were some major assumptions about life before the 1700’s. The first assumption is that life was
hard, and you had to be hard to survive. The people of that time in history did not have convenience that we
take for granted. For example, the medical practices of that day were primitive in comparison to present-day
medicine. Marriages were more for convenience, rather than for child-bearing or romance. The second
assumption was that infant and child mortality were high. It did not make sense to the parents in those days to
create an emotional bond with children. There was a strong chance that the children would not survive until
adulthood.
At the end of the 18th century, “The Enlightenment” appeared as a new cultural transition. This period
of history is sometimes known as the beginning of reason and humanism. People began to see children s
flowers, which needed nurturing in order to bloom. It was the invention of childhood, love and nurturing
instead of beatings to stay in line. Children had finally begun to emerge as a distinct group. It started with the
upper-class, who was allowed to attend colleges and universities.
Since ancient times, enlightened legal systems have distinguished between juvenile delinquents and
adult criminals. Generally, the immature were not considered morally responsible for their behavior. Under the
Code of Napoleon in France, For example, limited responsibility was ascribed to children under the age of 16.
Despite the apparent humanity of some early statutes, however, the punishment of juvenile offenders was
often severe until the 19th century.
Prior to the 20th century, juvenile offenders were often treated as adults. The first development
contrary to this is the United Kingdom, the establishment of Borstal training center in place of normal
imprisonment, which was intended to build up the offender’s character. They were unsuccessful, and since the
1960’s, policy has been directed away from the detention of young offenders towards treatment in the
community, beginning with avoiding court altogether. The police are encouraged to caution juveniles who
admit an offense, unless they are persistent offenders.
When juvenile offenders are dealt with more formally, they are tried by a dedicated juvenile court,
having as little contact with the mainstream system as possible. There is considerable emphasis on parental
responsibility, and the parents may be ordered to pay the juvenile’s fine, or be liable to pay a sum of money if
the child is in trouble again.
It the court need to punish juvenile, they can utilize community sentences. Attendance center orders,
For example, require juveniles to attend during their leisure hours at centers where they will be given a
program of constructive activities. Supervision orders put juveniles under the supervision of a social services
department, and may include compulsory activities. Those aged 15 and over may also be sentenced to
probation orders (supervision), community service orders (compulsory work under supervision), or a
combination of both.
If juveniles are to be detained, those aged 15 or over may be held in a young offender institution for between
2 and 12 months. Younger offenders can only be detained in the most serious cases, and there are national
units to deal with them. All offenders aged 10 to 13 can be detained only if convicted of manslaughter or
murder.
SEGMENT 2. Significant Cases Concerning Juvenile Delinquency

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

It provided the procedural requirements for waiver to criminal court as articulated by the U.S. Supreme
Court.
⮚ In re: Gault (1967)

The Court held that 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 retain or appoint
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.
⮚ American Bar Association (1977)

It endorsed discrimination 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 1980’s many training
schools and high-security institutions were built in rural areas or close to small rural towns so the
inmates could be trained on agriculture. The hope was that such training would produce productive
citizens.
⮚ Schall v. Martin (1984)

The Supreme Court upheld the state’s rights 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 (Regoli & Hewitt, 1991).
A Glance of Philippine Juvenile Delinquency

The problems of the street children and juvenile delinquency are much related social problems. To
survive in the street, you almost have to become delinquent. Exposed to criminal elements, these children are
vulnerable to prostitution, drug addiction and pushing the commission of crimes. Most street children have
become juvenile delinquents either out of necessity (because they are poor) or through force (because of the
syndicates).
SEGMENT 3. CONCEPT OF JUVENILE DELIQUENCY

⮚ Delinquency in General
Delinquency refers to any action, course of conduct that deviates from acts approved by the majority of
people. It is a description of those acts that do not conform to the accepted rules, norms and mores of the
society (sociological definition). Delinquency, therefore, is a general term for any misconduct or misbehaviour
that is tantamount to felony or offense. It is, however, distinct from crime in the sense that the former may be
in the form of violation of law, ordinance or rule but it is punishable only by a small fine or short term
imprisonment or both. Legally speaking, delinquency means the failure to perform an act required by law, or
the non-performance of a duty or obligation that is mandated by existing law or rule.
⮚ Juvenile Crime
In law, term denoting various offenses committed by children or youths under the age of 18. Such acts
are sometimes referred to as juvenile delinquency. Children’s offenses typically include delinquent acts, which
would be considered crimes if committed by adults, and status offences, which are less serious misbehaviour
problems such as truancy and parental disobedience. Both are within the jurisdiction of the juvenile court;
more serious offences committed by minors may be tried in criminal court and be subjected to prison
sentences. In law, crime is an illegal act committed by a person who has criminal intent. A long-standing
presumption held that, although a person of almost any age can commit a criminal act, children under 14 years
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old were unlikely to have criminal intent. Many juvenile courts have now discarded this so-called infancy
defense and have found that delinquent acts can be committed by children of any age.
Unlawful acts are committed by juveniles can be divided into five major categories:
1. Unlawful acts against person
2. Unlawful acts against property
3. Drug and alcohol offenses
4. Offenses against the public order
5. Status offenses
The first four categories are comparable in definition to crimes committed by adults. Status offenses, on
the other hand, are acts that only juveniles can commit and that can be adjudicated only by a juvenile court.
Typical status offenses range from misbehaviour/misdemeanor, such as violations of curfew, such as unruliness
and ungovernability (beyond the control of parents and guardians).
⮚ Juvenile Delinquency
The term juvenile delinquency is used to describe a large number of disapproved behaviors of children
or youths. In this sense, almost anything that the youth does which other do not like is called juvenile
delinquency. However, criminologist suggested the following factors of juvenile delinquency:
1. Juvenile delinquency includes the behavior specifically defined as delinquent according to the various
existing laws and ordinances concerning children or youth.
2. The definition of juvenile delinquency must take into account the social reality that reflected through
the media. Books, movies and television help people to define a particular reality from them. If the
media systematically portrays particular behavior as delinquent, they often come to be accepted as
real.
3. While almost all children engage in behavior that is in violation of juvenile codes and laws, we believe
that ultimately, juvenile delinquents refers to youths who have been successfully defined as
delinquents.
In a more specific view, acts of juvenile delinquency include violation of laws such as those defined by
juvenile codes and laws.
⮚ The Delinquent Person

A delinquent person is one who repeatedly commits an act that is against the norms or mores observed
by the society. When a person habitually commits an act that is not in accordance with the rules or policies of
a community where he belongs, he is considered a delinquent.
Juvenile delinquents maybe grouped in three ways:

1. Children aging below 7 years old.
2. Children aging from 7 to 12 years old-juveniles who have doll incapax (not capable of having criminal
intent)
3. Youths aging above 12 but below 18 years old.
⮚ The Juvenile Delinquent

Juveniles are young people who are regarded as immature or one whose mental as well as emotional
faculties are not fully developed thus making them incapable of taking full responsibility of their actions. In
legal points, the term juvenile is a person subject to juvenile court proceedings because of a statutorily defined
event or condition caused by or affecting that person and was alleged to have occurred while his or her age
was below the specified age limit.
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⮚ What is a Deviant Behavior?

Deviant behavior refers to a behavior that does not conform to norms. These are behaviors that in
some ways do not meet with the expectations of a group or of a society as a whole. It is therefore important to
consider that deviant behavior is relative to many factors and conditions which are complex and may be
complicated to understand. The following may help us understand our consideration of what deviant behavior
is:
1. In terms of Time
The meaning of deviance changes through the years. For example, it was socially unacceptable
to see girls drinking beer or teenagers and women smoking. All these are not heavily considered
now as deviant behavior.
2. In terms of Place or Geography

Being deviant varies according to geographic area. Open prostitution as an example is deviant in
the Philippines, but not in some countries. Some countries have open “red light districts” were
“customers” can have their choice (Saquilayan, et al, 2011).
SEGMENT 4. Risk Factors

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 (Walklate, 2003).
2. Family Environment
Children brought up by lone parents are more likely to start offending than those who live with
two natural parents. Conflict between a child’s parents is also much more closely linked to offending
than being raised by a lone parent. If a child has low parental supervision they are much more likely to
offend.
Family Factors: Its influence in offending a child includes the following:

a. The level of parental supervision;
b. Parental conflict or separation;
c. Parental abuse or neglect;
d. The way parents discipline a child;
e. Criminal parents or siblings; and
f. The quality of the relationship.
SEGMENT 5. NATURE OF DELINQUENCY

In the study of juvenile delinquency, there are existing questions that have to be ascertained as regards
to the following: whether the behavior is a manifestation of an emotional problem, or the result of negative
social factors, such as broken family, poverty, environment and other socio-economic factors that become the
basis of a delinquent personality. Socio-cultural factors influence personality formation.
⮚ Classification of delinquency
1. Unsocialized Aggression- rejected or abandoned no parents to imitate and become aggressive.
2. Socialized delinquency- membership in fraternities or groups that advocate bad things.
3. Over-inhabited- group secretly trained to do illegal activities like marijuana cultivation.
⮚ Juvenile Delinquency Tendencies

1. Malicious- expression of defiance
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2. Negativistic- changeable attitude like not being satisfied with status

3. Non-utilitarian- vandalistic attitude like graffiti
4. Hedonistic- doing bad things for pleasure
SEGMENT 6. TYPES OF DELINQUENT YOUTH

Delinquent youths may be grouped according to manner in which their personality types define and
affect their delinquent behavior.
1. Socialized delinquent- they become delinquent as a result of their social association with people
from whom they learned deviant values.
2. Neurotic delinquents- these youths become delinquents as a result of distortion in their
personality and their ideas and perception of the world around them. They may commit
delinquent acts because of their insecurities about their masculinity. They become deviant
because of some anxiety or neurotic compulsion. For example, youths who become
kleptomaniacs, shoplifters and pyromaniacs have neurotic compulsions that usually result in
delinquent behavior.
3. Psychotic delinquents- there are youths with severe personality disorders have a scientifically
distorted perception of the society and the people around them. Psychotic offenders likely to
commit acts of violence, including murder. This category includes those youths who tend to
commit the most heinous and senseless acts of violence.
4. Sociopathic delinquents- these youths are characterized by an egocentric personality. They have
limited or no compassion for others.
Other ways to classify delinquents are as follows:

1. Environmental delinquents- they are the occasional lawbreakers.
2. Emotionally maladjusted delinquents- these delinquents are chronic lawbreakers who make breaking of
laws a habit they cannot avoid or escape from.
3. Psychiatric delinquents- they are persons become delinquent due to mental illness or emotional
disturbances in the family.
SEGMENT 7. GANG
The term gang is frequently associated with groups in socially disorganized and deteriorated inner-city
neighbourhoods. It is applied to youths who are engaged in variety of delinquencies ranging from truancy,
street brawls and banner running to race riots, robberies and other serious crimes.
The gang, according to Frederic Thrasher, is characterized by the following types of behavior: meeting
face to face, milling movement through space as a unit, conflict and planning.
By the 1950’s, the gang, was broadly defined as a friendship of a group of adolescents who share
common interest, with a more or less clearly define territory, in which most of the members live. They are
committed to defending one another, the territory, and the gang name in the status-setting fights that occur in
school and on the streets.
A youth gang is a self-forming union of peers, bound together by mutual interest, with identifiable
leadership, well-developed lines of authority and other organizational features, who act in concern to achieve
specific purposes which generally include the conduct of illegal activity and control over a territory, facility or
type of enterprise.
Characteristics of Gang
1. Organization- This states that a gang or gang members has collective goals. It may include the Akyat
Bahay Gang and the like.
2. Leadership- They has leaders that may decide matters related to the organization.
3. Turf of Territory- It involves identification and control. Identify places like parks, housing products or
schools to impose their illegal acts. Crossing turf or boundaries and entering another gang’s
territory, often clearly marked by graffiti, involved taking serious risks.
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4. Cohesiveness- It refers to gang’s very close, tight-knit organizations with loyal members bound to
one another by mutual friendship and common interests.
Gang Suppression
Suppression could be attained through the use of laws that will allow authorities to charge gang youths
with basic criminal offenses against persons, property and public order crimes.
SEGMENT 8. ENVIRONMENTAL FACTORS TO DELINQUENCY

Families, peers, schools and socioeconomic status are all social factors that are examined in many of
the causal theories. Demographics and the relationship one have in society are also examined in some
of the explanatory theories. Families are important to consider when we explain juvenile delinquency.
The family unit is crucial to a child’s development and healthy upbringing. In addition, much of what a
child learns is through their family or guardians. A criminal parent can teach their child adverse lessons
about life when their child views or witnesses their parent’s delinquent behavior. Peers can also teach
an adolescent or child a criminal behavior just as the family member can. Family members and peers
can also cause delinquent patterns of behavior by labelling their child as delinquent. This is somewhat
of the “if the shoe fits, wear it”, saying. If a child feels as though they are viewed as delinquent, then
they will act as such and find a sense of self-esteem by doing so.
Even though the family and peers (as well as the school) can influence a juvenile to participate in
crime, the decision still rests in their shoulder. Some theorists argue that participation in crime is a
rational choice and that the rewards and consequences are carefully calculated out by the individual.
The choice to commit a crime can influence by many factors, including the ones that being outlined
here. However, if a juvenile has many ties or bonds to members in society, they are less likely to make
the choice to commit a crime for fear of ridicule, embarrassment, or scorn from those they associate
with. The demographic characteristics of a person’s living environment can also be a contributing factor
to commit patterns of behavior. Adverse living conditions and a crime prone neighbourhood can lead to
criminal activity. There are also various structural theories that can put juvenile delinquency in a
context of better understanding.
In order to simplify the environmental sources of delinquency, the following are considered:
1. FAMILY BACKGROUND
● The Home
- The family or the home is one of the most influential environmental factors that
would lead a person to either a law abiding or a criminal. It is said that the home is
considered as the “cradle of human personality” for in it the child forms
fundamental attitudes and habits that endure throughout his life.
- The kind of conscience the child develops depends largely upon the kind of parents
he has. The parents are the most influential persons in the family when they give
love, attention, guidance, security, standards and all other things that the child
needs, the children are the mirror of the home for they reflect what the home look
like.
- Thus, a child who was provided with love, attention, guidance, security, standards
and all other things they needs comes to regard people as friendly, understanding,
dependable, loyal and worthy of his respect and admiration. On the other hand, if
he experienced cold, despairing, rejecting, neglectful and cruel environment in the
home, most likely he will learn to distrust, disobey, dislike and even to hate people
(Tradio, 1983).
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- Given a home, the child tends to become law abiding if the following conditions are
met:
1. The child is loved and wanted and knows it.

2. He was helped to grow up by not having too much or too little done for him.
3. He is part of the family; he has fun with the family he belongs.
4. His early mistakes and badness are understood as a normal part of growing and
hi is corrected without being hurt, shamed or confused.
5. His growing skills are enjoyed and respected.
6. He feels his parents care as much about as they do to his sisters and brothers.
7. The family sticks together with understanding and cooperation.
8. He is moderately and consistency disciplined.
- The family is the primary institution that molds a child to either a law-abiding
person or a delinquent. The effects of pathological social relations in the home are
to a great extent influence anti-social behavior. This means that the home can be a
potent factor of either good or evil.
2. THE BROADER SOCIAL PROCESS

● Bad Neighbourhood
- Refers to areas or places in which dwelling or housing conditions are dilapidated,
unsanitary and unhealthy which are detrimental to the moral, health and safety of
the populace. It is commonly characterized by overcrowding with disintegrated and
unorganized inhabitants and other close relatives. Most inhabitants in a bad
neighbourhood are experiencing economic difficulties, alcoholism, substance abuse,
gambling and many other problems in life. This connotes that bad neighbourhood is
the habitat of bad elements of society by reason of anonymity because the situation
is so conducive for the commission of crimes. Bad elements prefer to dwell in such
community not only because of the sense of anonymity among its members but also
because they are not welcome in decent places.
● The School
- Part of the broader social process for behavior influence is the school. It is said that
the school is an extension of the home having the strategic position to control crime
and delinquency. It exercises authority over every child as a constituent. The
teachers are considered second parents having the responsibility to mold the child
to become productive members of the community by devoting energies to study the
child behavior using all available scientific means and devices in an attempt to
provide each kind and amount of education they need. The school takes the
responsibility of preventing the feeling of insecurity and rejection of the child, which
can contribute directly to maladjustment and to criminality by setting up objectives
of developing the child into a well-integrated and useful law-abiding citizen. The
school has also the role of working closely with the parents and neighbourhood, and
other community agencies and organizations to direct the child in the most effective
and constructive way.
- However, the school could be an influence to delinquency and criminality when
teachers are being disliked for they are too cross, crabby, grouchy, never smile,
naggers, sarcastic, temperamental, unreasonable, intolerant, ill mannered, too strict
and unfair. Conditions like these makes the students experience frustration,
inadequacy, insecurity and confusion, which are most of the time the “kindergarten
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of crime”. In short, next to parents the teachers stand as foremost in their influence
to human behavior.
● The Church
- Religion is a positive force for good in the community and an influence against crime
and delinquency. The church influences people’s behavior with the emphasis on
morals and life’s highest spiritual values, the worth and dignity of the individual, and
respect for person’s lives and properties, and generate the full power to oppose
crime and delinquency. Just like the family and the school, the church is also
responsible to cooperate with institutions and the community in dealing with
problems of children, delinquents and criminals as regardless to the treatment and
correction of criminal behaviors.
● The Police
- Is one of the most powerful occupation and groups in the modern society. The
prime mover of the criminal justice system and the number one institution in the
community with the broad goals in maintaining peace and order, the protection of
life and property, and the enforcement of the laws. The police is the authority
having a better position to draw up special programs against crime because it is the
very reason why the police exist. That is to protect the society against lawless
elements since they are the best equipped to detect and identify criminals. The
police the agency that is most interested about crime and criminals and having the
most clearly defined legal power authority to take actions against them.
- Government and other Components of the CJS- the government and the other
components of the criminal justice system are the organized authority that enforces
the laws of the land and the most powerful in the control of people. Respect for the
government is influenced by the respect of the people running the government.
When the people see that public officers and employees are the first ones to violate
the laws, people will refuse to obey them, they set the first ones to follow and
create an atmosphere conducive to crime and disrespect for the law. In this regard,
the government itself indirectly abets the commission of crimes.
● Non-Government Organization (NGOs)

- The group of concerned individuals responsible for helping the government in the
pursuit of community development being partners of providing the common good
and welfare of the people, this non-government organization are good helpers in
providing the required services, this preventing criminality and maintain order.
● The Mass Media

- The media is the best institution for information dissemination thereby giving the
public necessary need to know, and do help shape everyday views about crime and
its control.
List of Predictors
The list below is particularly useful in identifying the components of the strategies of prevention and
early intervention. But the list is not a universal one that applies to all countries. In any particular country or
society, methods of preventing or treating antisocial behavior should be based on empirically validated
theories about causes.
Individual factors:
✔ Pregnancy and delivery complications
✔ Low resting heart rate
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✔ Internalizing disorders
✔ Hyperactivity, concentration problems, restlessness and risk taking
✔ Aggressiveness
✔ Beliefs and attitudes favourable to deviant or antisocial behavior.
Family factors:
✔ Parental criminality
✔ Child maltreatment
✔ Poor family management practices
✔ Low levels of parental involvement
✔ Poor family bonding and family conflict
✔ Parental attitudes favourable to substance abuse and violence
✔ Parent-child separation
School factors:
✔ Academic failure
✔ Low bonding in school
✔ Truancy and dropping out of school
✔ Frequent school transitions
Peer related factors

✔ Delinquent siblings
✔ Delinquent peers
✔ Gang membership
Community and neighbourhood factors

✔ Poverty
✔ Community disorganization
✔ Availability of drugs and firearms
✔ Neighbourhood adults involved in crime
✔ Exposure to violence and racial prejudice
POST-TEST
Activity No. 2
Instruction:
⮚ Put your answer on your designated BIG NOTEBOOKS and make sure that the penmanship is really
yours.
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Essay:
1. What are the factors that can lead a child to become a delinquent? And explain why?
2. What will happen if the child is not provided with love and care?
3. What are the good influential factors that you can get from school? Explain.
4. Why it is that bad neighbourhood can influence a child to become delinquent?
5. Among the factors that influence the juvenile, which factors do you think is the best? Why?
LEARNING UNIT 3
STATUS OFFENSES
These are certain acts or omissions which may not be punishable socially or legally if committed by adults but
become anti-social or illegal because the offender is a minor, such as:
a) truancy or frequent unreasonable absenteeism from school;
b) use of profane language;
c) running away from home;
d) smoking and drinking alcoholic beverages;
e) disobedience to parents, guardians or school officials
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f) mendicancy or begging in the streets;

g) association with delinquent gangs; or
h) curfew violations.
Reasons for the Differential Treatment of Juveniles and Adults

1. Minimum Age of Criminal Responsibility (MACR)
▪ The minimum age of a child that is deemed not to have committed a crime. Article 4 of the
Beijing Rules states that “in those legal systems recognizing the concept of the age of criminal
responsibility for juveniles, the beginning of that age shall not be fixed at too low age level,
bearing in mid the facts of emotional, mental and intellectual maturity.
2. Doctrine of Doll Incapax

▪ This is a Latin which refers to the presumption in law that a child is incapable of forming the
criminal intent to commit an offense. It serves as a defense based on the presumption that a
child under 14 years old was incapable of committing a crime.
▪ The Philippine Law sets a doll incapax presumption and treats children below 15 and children
above 15 but below 18 who acted without discernment in the same way. A child above 15 but
below 18 who acted with discernment is required to go through diversion if the crime
committed is generally punishable by not more than 12 years of imprisonment.
Stages of Delinquency
a) Emergence (8-12) - begins with petty larceny (minor theft)
b) Exploration (12-14) – shoplifting and vandalism
c) Explosion (13 yrs) – substantial increase in variety and seriousness of his acts
d) Conflagration (15 yrs) – four or more types of crime are added
CLASSIFICATION OF DELINQUENCY
1. Unsocialized aggression - Rejected or abandoned, NO parents to imitate and become aggressive.
2. Socialized delinquency – Membership of fraternities or groups that advocate bad things.
3. Over-inhibited – group secretly trained in doing illegal activities.
OTHER WAYS TO CLASSIFY DELINQUENTS

1. Environmental Delinquent - characterized by occasional law-breaking
2. Emotionally Maladjusted Delinquents - characterized by chronic law-breaking, a habit which this type cannot avoid or
escape from
3. Psychiatric Delinquents - characterized by serious emotional disturbances within the individual and in some cases
associated with tendencies towards mental illness
4. Occasional Delinquents – These delinquents participate in a group. They have common or similar characteristics. They
are “pro-social”. They do what others are doing.
5. Gang Delinquents – they generally commit the most serious infractions, most often sent to a correctional institution,
and most often continuous in a pattern of semi-professional criminal behaviors as adults.
6. Maladjusted Delinquents – the activity stems from personality disturbance rather than gang activity or slum
residence. They have “weak ego”, “asocial” experienced early and severe parental rejection
Pathway to Delinquency
1. Authority conflict pathway – early age having stubborn behavior. This leads to defiance and then to authority
avoidance.
2. Covert pathway – minor, underhanded behavior leads to damage to property
3. Overt pathway – aggressive acts beginning with aggression and leading to physical fighting and then to violence.
JUVENILE DELINQUENCY TENDENCIES

1. MALICIOUS -expression of defiance
2. NEGATIVISTIC -changeable attitudes like not being satisfied with status
3. NON-UTILITARIAN -vandalistic attitude like graffiti
4. HEDONISTIC -doing bad things for pleasure
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Types of Delinquent Youth

1. SOCIALIZED DELINQUENTS
- as a result of their social association with other people from whom they learned deviant values
-more likely to become property violators than violent offenders.
2. NEUROTIC DELINQUENTS
- as a result of distortion in their personality -become deviant because of some anxiety or neurotic compulsion.
3. PSYCHOTIC DELINQUENT
- severe personality disorder -distorted view of reality and their delusional thoughts compel them to commit
weird acts that violate the law. -tends to commit most heinous and senseless acts of violence.
4. SOCIOPATHIC DELINQUENTS
-these youths are characterized by an egocentric personality. They have limited or no compassion for other.
OTHER TYPES OF DELINQUENT YOUTH

1. SOCIAL - an aggressive youth who resents authority of anyone who makes an effort to control his behavior
2. ASOCIAL - one whose delinquent acts have a cold, brutal and vicious quality for which the youth feels no remorse
3. NEUROTIC - one who has internalized his conflicts and is preoccupied with his own feelings
4. ACCIDENTAL - one who is essentially sociable and law abiding but happens to be at the wrong time and place and
becomes involved in delinquent acts not typical of his general behavior.
GENERAL APPROACHES IN THE STUDY OF DELINQUENCY

1. BIOGENIC APPROACH - gives an explanation that law violations and delinquency are a result of some physical defects
2. PSYCHOGENIC APPROACH - argues that the critical factors in delinquency are personality problems to which
misbehavior is presumed to be the response
3. SOCIOGENIC APPROACH - attributes delinquency pattern to social structures; views youthful misdeed as a result of a
learning process through interactions with other members of society
In general, the approaches in the study of crime are:

1. subjective approach,
2. objective approach and
3. The contemporary approach
SUBJECTIVE APPROACHES
- It deals mainly on the biological explanation of crimes, focused on the forms of abnormalities that exist in the
individual criminal before, during and after the commission of the crime (Tradio, 1999). Included under this approach
are:
1. ANTHROPOLOGICAL APPROACH – the study on the physical characteristics of an individual offender with
non-offenders in the attempt to discover differences covering criminal behavior
2. MEDICAL APPROACH - the application of medical examinations on the individual criminal explain the mental
and physical condition of the individual prior and after the commission of the crime. (Positivist).
3. BIOLOGICAL APPROACH –the evaluation of genetic influences to criminal behavior. It is noted that heredity is
one force pushing the criminal to crime.
4. PHYSIOLOGICAL APPROACH – the study on the nature of human being concerning his physical needs in order
to satisfy his wants. It explains that the deprivation of the physical body on the basic needs is an important determiner of
the commission if crime.
5. PSYCHOLOGICAL APPROACH – it is concerned about the deprivation of the psychological needs of man, which
constitute the development of deviations of normal behavior resulting to unpleasant emotions.
6. PSYCHIATRIC APPROACH – the explanation of crime through diagnosis of mental diseases as a cause of the
criminal behavior.
7. PSYCHOANALYTICAL APPROACH – the explanation of crimes based on the Freudian Theory, which traces
behavior as the deviation of the repression of the basic drives.
OBJECTIVE APPROACHES
-The objective approaches deal on the study of groups, social processes and institutions as influences to
behavior. They are primarily derived from social sciences (Tradio, 1999). Under this are:
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1. GEOGRAPHIC APPROACH – this approach considers topography, natural resources, geographical location, and
climate lead an individual to commit crime.
2. ECOLOGICAL APPROACH – it is concerned with the biotic grouping of men resulting to migration, competition,
social discrimination, division of labor and social conflict as factors of crime.
3. ECONOMIC APPROACH – it deals with the explanation of crime concerning financial security of inadequacy
and other necessities to support life as factors to criminality.
4. SOCIO – CULTURAL APPROACH – those that focus on institutions, economic, financial, education, political, and
religious influences to crime.
CONTEMPORARY APPROACHES
-Modern days put emphasis on scientific modes of explaining crime and criminal behavior. This approach is
focused on the psychoanalytical, psychiatric and sociological explanations of crime in an integrated theory – an
explanatory perspective that merges concepts drawn from different sources (Schmalleger, 1997).
3 TYPES OF DELINQUENT GANGS (CLOWARD AND OHLIN)

1. THE CRIMINAL GANG -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 criminals skills to the youngster.
2. THE CONFLICT/VIOLENT GANG -non-stable and non-integrated - this gang aims to find reputation for
toughness and destructive violence.
3. THE RETREATIST GANG -equally unsuccessful in legitimate as well as illegitimate means, thus retreating into
the world of sex, drugs and alcohol.
LEARNING UNIT 4
THE FAMILY
FACTORS AFFECTING THE DEVELOPMENT OF JUVENILE DELINQUENCY

• FAMILY
• PEERS
• ENVIRONMENT
• SCHOOL
• MASS MEDIA
The problem of juvenile delinquency is attributed to factors such as family, peers environment, school and mass
media that affect the socialization of children.
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SOCIALIZATION is the process through which children learn the ways of a particular society or social group so
that they can function within it
SEGMENT 1. FAMILY
• The first and most basic institution of society responsible for developing a child’s potential in all its aspects like
physical, emotional, spiritual, moral, intellectual and social
• It molds the child to learn to curb his desires and to accept rules that define the time, place and circumstances
under which highly personal needs may be satisfied in socially acceptable ways.
• The basic and most important social unit to affect children.
•
TYPES OF FAMILY STRUCTURE:

1) NUCLEAR FAMILY
-It consists of father, mother and children.
2) EXTENDED FAMILY
-It consists of father, mother, children, grandparents, uncles and aunts, cousins, nephews and nieces, and
in-laws.
3) CONJUGAL FAMILY
-It consists of the Husband and Wife (Father and Mother)
4) BLENDED FAMILY
-mixing of two families brought by divorce or remarriage.
Functions of Family
1. Reproduction- The family is a prerequisite for the survival of a society to replace one generation to
the next. However, sexual activities are allowed but are regulated.
2. Security- The family serves as a protector for all its members especially the young and helpless
against all kinds of danger.
3. Socialization- It is primarily the social institution that is responsible for the early development of an
individual’s personality. In the family, it is instilled in the child the attitudes, norms and values.
4. Assignment of Status- It is in the family that the initial ascribed status is fixed which includes their
ethnic and racial status, religious status and also their class status.
5. Emotional Support- “Home sweet home, for there the heart can rest”. This is perhaps the best way
to describe the kind of emotional support a family can give.
6. Other functions- The family provides the mechanism in terms of transmittal of inheritance or
private property and serves as the economic base for producing goods and services (Saquilayan, et.
Al, 2011).
THE HOME
The family or the home is one of the most influential environmental factors that would lead a person to either a
law abiding or a criminal. It is said that the home is considered as the “cradle of human personality” for in it the child
forms fundamental attitudes and habits that endure throughout his life.
THE IDEAL CRITERIA FOR A NORMAL HOME

Ideally, a home must have the following:
a) Structural completeness - presence of both father and mother
b) Economic security - capability to provide for the basic needs and wants
c) Cultural conformity - typical family beliefs and practices
d) Moral conformity - moral uprightness, Christian way of living
e) Physical and psychological normalcy
f) Emotional adequacy - affection, support, love and care between faulty members
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g) Religious Homogeneity - both parents profess the same religion
FAMILY CONDITIONS THAT INFLUENCE THE DEVELOPMENT OF JUVENILE DELINQUENCY

1. Separation of parents/broken home
2. Family desertion
3. Both working parents
4. Parental rejection
5. Single-parent household
6. In-law problems
7. Lack of parental guidance
8. Family displacement
9. Low income of parents
10. Teenage pregnancy
11. Latchkey children
FAMILY STUCTURE
Both the family size and birth position had been found to have predictive effects on delinquency.
1. FAMILY SIZE
-Parents of larger families tend to give less parental attention to their children. Children of large families
are having a greater chance to become delinquent, and this is a predictive factor.
2. CHILD’S BIRTH ORDER IN THE FAMILY

-Birth order affects the delinquent behavior with delinquency more likely among middle children than
first or last children. The first child receives individual attention and affection of parents, while the last child
benefits from the parent’s experience of raising children.
RELATIONS BETWEEN PARENTS AND CHILDREN

The strongest predictive factor for delinquency is having criminal parents.
1. FAMILY REJECTION
-Studies found a significant relationship between parental rejection and delinquent behavior.
- A child who is deprived of his mother goes through 3 phases(John Bowlby):
A. PROTEST - cries and screams for mother, shows panic, clings when she visits, and howls when
she leaves.
B. DESPAIR – after a few days, child becomes withdrawn, sucks thumb.
C. DETACHMENT – loses interests in parents and is not concerned whether they are there or not
2. DISCIPLINE IN THE HOME

-Where discipline is erratic or harsh, children tend to become delinquent in adolescence. Such parents
differ from normal parents in punishing harshly, and in giving many commands.
THREE TYPES OF HOME THAT BREEDS THREE TYPES OF BEHAVIOR

A. A loving, friendly and just home that breeds conforming behavior
B. A loving, liberal and open-minded home that breeds Critical behavior
C. A loveless, lonely and problematic home life that breeds Deviant behavior
Models of Family
1. The Corporate Model- The father is the chief executive officer in this family model. The mother is
the operating officer, implements the father’s policy and manages the staff (children) that in turn
have privileges and responsibilities based on their seniority.
2. The Team Model- The father is the head and the mother is the chief of the training table and cheer
leader in this family model. The children, suffering frequent performance anxiety, play the rules and
stay in shape with conformity calisthenics. In this family, competition is the name of the game,
winning is everything.
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3. The Military Model- The father is the general in this model. The mother is the guard on duty with a
special assignment to the nurse corps when needed. The kids are the grunts. Unruly children are
sent to stockade, insubordinate wives risk discharge. Punishment is swift and sadism is called
character building.
4. The Boarding School Model- This family model views the father as the rector or head master, is in
charge of the training school, mind and bodies. The mother is the dorm counsellor who oversees
the realm, emotion, illness, good works and bedwetting. The children are dutiful students. The
parents have nothing left to learn, there are taught and test.
5. The Theatrical Model- The father is the producer, plays the role of the father in this model. The
mother is the stage manager, doubles in the part of the mother and children, the stagehands, also
acts the roles of girls and boys. No writer is necessary because the lines are scripted, the roles are
sex stereotypes, and the plot is predictable.
TYPES OF FAMILY AS TO POWER COTROL

1. PATRIARCHAL – the father controls and holds the decision making in the family.
2. MATRIARCHAL – the mother controls and acts as the decision maker in the family.
3. EGALITARIAN – the father and the mother share similar and equal roles in the family both in control and
decision making.
TYPES OF FAMILY STRUCTURE

1. NUCLEAR FAMILY - consists of father, mother and children
2. EXTENDED FAMILY - consists of father, mother, children, grandparents, uncles and aunts, cousins, nephews
and nieces, and in-laws
3. BLENDED FAMILY – mixing of two families brought by divorce or remarriage.
Types of Parenting Style

1. Authoritarians or Disciplinarians
-Less warmth and nurturing, high expectations but low responsiveness and mistakes are punished
harshly and expect blind obedience. A child tends to have lower academic performance, low self-esteem,
poorer social skills, mental illness, drug and alcohol abuse and delinquency.
- They believe kids should be seen and not heard. When it comes to rules, they believe “it’s their way or
the highway.”
- They don’t take their child’s feelings into consideration.
- The focus is on obedience and punishment over discipline
2. Authoritative
-Warm and responsive, clear rules, high expectations, supportive and value independence. Children tend
to have higher academic performance, more self-esteem, better social skills, less mental illness and lower
delinquency.
- They put a lot of efforts into creating and maintaining a positive relationship with their child.
- They explain the reasons behind their rules.
- They enforce rules and give consequences but they take their child's feelings into consideration.
- They create positive relationship and enforce rules.
3. Permissive or Indulgent
-Warm and responsive, few or no rules, indulgent, lenient. Children may be having impulsive behavior,
egocentric, poorer social skills and problematic relationship.
- They set rules but rarely enforce them.
- They don't give out consequences very often.
- They think their child will learn best with little interference from them.
- They don’t enforce rules. Kids will be kids.
4. INDIFFERENT OR NEGLECTFUL (Uninvolved)

-Cold and unresponsive, no rules, uninvolved, indifferent.
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- Children can be impulsive, cannot self-regulate emotions, encounter more delinquency and addiction
problems and may have more mental issues like suicidal behavior.
- They don't ask their child about school or homework.
- They rarely know where their child is or who she is with.
- They don't spend much time with your child.
- They provide little guidance, nurturing or attention.
POST-TEST- FINALS
Activity No. 1
Instruction:
⮚ Put your answer on your designated BIG NOTEBOOKS and make sure that the penmanship is
really yours.
Essay:
1. What are the effects of parental conflict and domestic violence on a child’s like hood of
engaging in delinquent behavior?
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2. What roles do siblings play in either preventing or promoting delinquent behavior in juveniles?
3. What are the unique challenges faced by children growing up in single-parent households in
relation to juvenile delinquency?
4. What are the effects of foster care and adoption on juvenile delinquency and how do they differ
from those of biological family structures?
5. Imagine a situation where a child feels misunderstood and unsupported by their parents
regarding their academic and career aspirations. How might this strain in the parent-child
relationship influence the child’s motivation and self-esteem?
6. How does authoritative parenting differ from authoritarian parenting, and how do these styles
impact in child’s development and behavior?
7. What are the effects of permissive parenting on a child’s sense of responsibility and
self-discipline, compared to more structured parenting styles?
SEGMENT 2. ABUSE
CHILD ABUSE
Can be defined as causing or permitting any harmful or offensive contact on a child’s body, and any
communication or transaction of any kind which humiliates shames or frightens the child.
TYPES OF CHILD ABUSE

1. PHYSICAL ABUSE
-Is an act of deliberately inflicting physical injuries on a child.
2. EMOTIONAL MALTREATMENT/PSYCHOLOGICAL CHILD ABUSE

-Is when an adult demeans the child’s worth or dignity as a human being by constant scolding or
ridiculing. This could lead to a child with very low self-esteem and many hang-ups and psychological problems.
3. CHILD NEGLECT
-Is the failure to provide for the child’s basic needs.
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4. PHYSICAL NEGLECT
-not providing adequate food or clothing, medical care etc.
5. EDUCATIONAL NEGLECT
-failure to provide appropriate schooling or special educational needs, allowing truancy.
6. PSYCHOLOGICAL NEGLECTS
-lack of emotional support and love, allowing the child to participate in drug and alcohol use.
7. SEXUAL CHILD ABUSE

-is any act of maliciously molesting the child sexually whether the sexual act is consummated or not.
TYPOLOGY OF CHILD ABUSERS

1. MENTALLY DISORDERED ABUSER
- a person who has defective mental ability.
2. PARENTALLY INCOMPETENT ABUSER

-an individual whose practice of disciplining the child is in the same way he was disciplined.
3. SITUATIONAL ABUSER
-a parent who only abused the child when he/she is confronted with a particular situation, one who is
usually non abusive.
4. ACCIDENTAL ABUSER
- a parent who exercises poor judgement in his/her parenting decisions; poor judgement results to child
abuse
5. SUBCULTURAL ABUSER
-a group of people who share a number of values, norms and attitudes in common.
6. SELF-IDENTIFIED ABUSER
-parents who are abusive; although some of these kind of abusers want to stop abusing their children,
they cannot and their area afraid to make their discipline practices known.
7. INSTITUTIONALLY PRESCRIBED ABUSERS

-some institutions are grounded with beliefs that are abusive to children.
PEER
For many juveniles the most important social institution, the one they spend the most time with are closest to
emotionally, is the FAMILY. But for many others, it is their barkada or peer group.
The PEER GROUP is a group of youths of similar age levels and interest that often can empower young people in
their sense of feeling worthwhile and important.
The social world of some adolescents revolves around their closets friends.
GANG
Groups of youths who collectively engage in delinquent behaviors. Groups of young people whose members
meet together with some regularity, on the basis of group-defined criteria of membership and group defined
organizational characteristics.
ENVIROMENT
- The idea that all behavior is learned behavior is associated with environmental explanations.
- The study of environmental factors, on the other hand, is concerned primarily with social considerations. While
violence may be part of everyone's behavioral repertoire, the temptations (triggers, cues) to do it are embedded (lodged,
locked, firmly put in place) with social networks (relationships and situations) that more or less make this kind of
behavior seem acceptable at the moment.
- The unfortunate truth is that, in many places, there are a growing number of irresistible temptations and
opportunities for juveniles to use violence.
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- Under circumstances like these, the peer pressure and reward systems are so arranged that fighting seems like
the only way out.
The culture, norms and behavior of the child’s surroundings may very well influence the upbringing of the child
especially during their formative years and such misbehaviour learned is likely to be carried on until the child’s maturity.
Some of the behavior modification by means of imitation as brought about by environmental influence:
a) Rampant drug addiction;
b) Vices such as gambling and drinking alcoholic beverages;
c) Association with criminal groups or gangs; and
d) Too much exposure to sex and violence in movies, television, print and internet
SCHOOL
It is considered as the second home of a child and the teachers are the second parents. An institution
responsible for the training of young person’s intellectual, moral as well as social skills which they need for them to grow
up as productive, law-abiding and responsible citizens Instances of deviant conduct attributed to school inadequacy:
a) Failure of teachers to detect and address problems of children and report such problems to the parents;
b) Poor academic atmosphere;
c) Membership in school gangs or development of friendships with the wrong crowd;
d) Lack of facilities for curricular and extra-curricular activities;
e) Failure of teachers in character development of the students;
f) Failure to actually finish school resulting to being out-of-school youths with a lot of time to waste and do
unproductive activities; and
g) Failure to get gainful employment due to lack of sufficient education.
EDUCATIONAL PROBLEMS
1. TRUANCY - frequent, unreasonable absenteeism from school; being out of school without permission for 20
days or more.
2. DROPPING OUT – leaving the school before completing the required program of education.
3. UNDERACHIEVERS – those who fail to meet expected levels of school achievement
4. SCHOOL FAILURE – failing to achieve success in school can result in frustration, anger and reduced
self-esteem, which may contribute to delinquent behavior.
MASS MEDIA
Embraces all kinds of communications where a child is exposed to. It covers up everything that a child hears and
sees that leaves beyond in his or her imagination. It could be anything a child saw on television, heard over the radio,
read from a book or magazine, or even saw in a movie house.
Television and movies have popularized the “cult of heroes” which promotes justice through the physical
elimination of enemies.
Many researchers have concluded that young people who watch violence tend to behave more aggressively or
violently, particularly when provoked.
PARENS PATRIAE (“father of the country”)

- It 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.
- It views minor who violates laws as victims of improper care, custody and treatment at home.
- It is the assumption by the State of the role of guardian over children whose parents are deemed incapable or
unworthy. - It is the authority of the state to act on behalf of the children.
3 basic principle of PARENS PATRIAE

1. CHARITY – help from government
2. CICL is not criminals, rather victims of improper parental care
3. If child is under UNFIT parents, there is parental assumption of state
FAMILY IMMUNITY DOCTRINE - Legal doctrine preventing unemancipated children from suing their parents.
FAMILY PURPOSE DOCTRINE - Legal doctrine holding parents liable for injuries caused by a child's negligent driving or
other actions.
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FOSTER CARE - Temporary care funded via Federal-State pass through and arranged by a child welfare agency in order to
allow receipt of adequate food, clothing, shelter, education, and medical treatment for anyone raising a child that is not
their own.
GUARDIAN AD LITEM - Phrase meaning "For the Proceeding" referring to adults who look after the welfare of a child and
represent their legal interests.
IN LOCO PARENTIS - Teachers, administrators, and babysitters who are viewed as having some temporary parental rights
& obligations.
POST-TEST- FINALS
Activity No. 2
Instruction:
really yours.
Essay:
1. Give atleast 3 types of child abuse, and how do they impact a child’s physical, emotional and
psychological well-being?
2. Are there common traits or psychological profiles that are often observed in individuals who
engaged in abusive behaviors towards children? Support your claims.
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3. How do online social networks and digital communication platforms influence the nature and
quality of peer relationships?
4. What role do peer groups play in shaping attitudes, behaviors and identity formation during
adolescents?
5. What role does school leadership play in shaping the culture, policies and practices of a
school, and how does this impact student success?
LEARNING UNIT 5
THE LAWS
SEGMENT 1. Presidential Decree No. 603, s. 1974 THE CHILD AND YOUTH WELFARE CODE
Title and Scope of Code.
-The Code shall be known as the “Child and Youth Welfare Code”. It shall apply to persons below twenty-one
years (18 YEARS OLD – RA 6809) of age except those emancipated in accordance with law. “Child” or “minor” or “youth”
as used in this Code, shall refer to such persons.
Youthful Offenders (AMENDED)

•A youthful offender is one who is over nine years but under twenty-one years of age at the time of the
commission of the offense.
•A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall be
committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and
subject to its supervision. The same shall be done for a child over nine years and under fifteen years of age at the time of
the commission of the offense, unless he acted with discernment, in which case he shall be proceeded against in
accordance with Article 192.
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•The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions of this
Chapter.
RIGHTS OF THE CHILD

Children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex,
social status, religion, political antecedents, and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as
generally accepted in medical parlance, and has, therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with love, care and understanding,
guidance and counseling, and moral and material security. The dependent or abandoned child shall be provided with the
nearest substitute for a home.
(3) Every child has the right to a well-rounded development of his personality to the end that he may become a
happy, useful and active member of society. The gifted child shall be given opportunity and encouragement to develop
his special talents. The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care. The physically or mentally handicapped child shall
be given the treatment, education and care required by his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention,
and all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and
the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to the development of his skills
for the improvement of his capacity for service to himself and to his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as
well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards, and other
conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development.
(9) Every child has the right to live in a community and a society that can offer him an environment free from
pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and
attributes.
(10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or
guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will deepen his faith in democracy and
inspire him with the morality of the constituted authorities both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding,
tolerance, and universal brotherhood, and with the determination to contribute his share in the building of a better
world.
Responsibilities of the Child

Every child, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and
other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his
elders and mentors, and the biddings of a clean conscience;
(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep
the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited
to his abilities, in order that he may become an asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the
duly constituted authorities, the laws of our country, and the principles and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it
is the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation’s
future; and
(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering
of cooperation among nations in the pursuit of their common aspirations for programs and prosperity, and the
furtherance of world peace.
Commencement of Civil Personality.
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-The civil personality of the child shall commence from the time of his conception, for all purposes favorable to
him, subject to the requirements of Article 41 of the Civil Code.
Abortion.
-The abortion of a conceived child, whether such act be intentional or not, shall be governed by the pertinent
provisions of the Revised Penal Code.
Parental Authority (PATRIA POTESTAS)

Joint Parental Authority
The father and mother shall exercise jointly just and reasonable parental authority and responsibility
over their legitimate or adopted children. In case of disagreement, the father’s decision shall prevail unless there
is a judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall continue to
exercise parental authority over such children, unless in case of the surviving parent’s remarriage, the court, for
justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years (7 YEARS) of age shall be separated from his
mother (MATERNAL PREFERENCE RULE) unless the court finds compelling reasons to do so. (TENDER YEARS
DOCTRINE)
NOTE: EXEMPTION – PSYCHOLOGICAL PARENT DOCTRINE (If mother is unfit)
Grandparents
Grandparents shall be consulted on important family questions but they shall not interfere in the exercise of
parental authority by the parents.
Absence or Death of Parents.

-Grandparents and in their default, the oldest brother or sister who is at least eighteen years of age (21 YEARS
OLD) , or the relative who has actual custody of the child(21 YEARS OLD), shall exercise parental authority in case of
absence or death of both parents, unless a guardian has been appointed in accordance with the succeeding provision.
(Substitute Parental Authority)
Dependent, Abandoned or Neglected Child.

-The dependent, abandoned or neglected child shall be under the parental authority of a suitable or accredited
person or institution that is caring for him as provided for under the four preceding articles, after the child has been
declared abandoned by either the court or the Department of Social Welfare.
Rights Of Parents
Primary Right of Parents.
-The parents shall have the right to the company of their children and, in relation to all other persons or
institutions dealing with the child’s development, the primary right and obligation to provide for their upbringing.
Right to Discipline Child.
-Parents have the right to discipline the child as may be necessary for the formation of his good character, and
may therefore require from him obedience to just and reasonable rules, suggestions and admonitions.
Duties Of Parents General Duties.

-Parents shall have the following general duties toward their children:
(1) To give him affection, companionship and understanding;
(2) To extend to him the benefits of moral guidance, self-discipline and religious instruction;
(3) To supervise his activities, including his recreation;
(4) To inculcate in him the value of industry, thrift and self-reliance;
(5) To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his
commitment to his country;
(6) To advise him properly on any matter affecting his development and well-being;
(7) To always set a good example;
(8) To provide him with adequate support, as defined in Article 290 of the Civil Code; and
(9) To administer his property, if any, according to his best interests, subject to the provisions of Article
320 of the Civil Code.
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Family Affairs.
-Whenever proper, parents shall allow the child to participate in the discussion of family affairs, especially in
matters that particularly concern him.
- In cases involving his discipline, the child shall be given a chance to present his side.
Winning Child’s Confidence.

-Parents shall endeavor to win the child’s confidence and to encourage him to conduct with them on his activities
and problems.
Child Living Away from Home.

- If by reason of his studies or for other causes, a child does not live with his parents, the latter shall
communicate with him regularly and visit him as often as possible.
Special Talents.
-Parents shall endeavors to discover the child’s talents or aptitudes, if any, and to encourage and develop them.
- If the child is especially gifted, his parents shall report this fact to theNational Center for Gifted Children or to
other agencies concerned so that official assistance or recognition may be extended to him.
Reading Habit.
-The reading habit should be cultivated in the home. Parents shall, whenever possible, provide the child with
good and wholesome reading material, taking into consideration his age and emotional development. They shall guard
against the introduction in the home of pornographic and other unwholesome publications.
Association with Other Children.

- Parents shall encourage the child to associate with other children of his own age with whom he can develop
commo.n interests of useful and salutary nature. It shall be their duty to know the child’s friends and their activities and
to prevent him from falling into bad company. The child should not be allowed to stay out late at night to the detriment
of his health, studies or morals.
Community Activities.
-Parents shall give the child every opportunity to form or join social, cultural, educational, recreational, civic or
religious organizations or movements and other useful community activities.
Social Gatherings.
- When a party or gathering is held, the parents or a responsible person should be present to supervise the
same.
Vices.
-Parents shall take special care to prevent the child from becoming addicted to intoxicating drinks, narcotic
drugs, smoking, gambling, and other vices or harmful practices.
Choice of career.
-The child shall have the right to choose his own career. Parents may advise him on this matter but should not
impose on him their own choice.
Marriage.
-Subject to the provisions of the Civil Code, the child shall have the prerogative of choosing his future spouse.
Parents should not force or unduly influence him to marry a person he has not freely chosen.
Liabilities of Parents
Torts.
-Parents and guardians are responsible for the damage caused by the child under their parental authority in
accordance with the Civil Code.
Crimes. – Criminal liability shall attach to any parent who:
(1) Conceals or abandons the child with intent to make such child lose his civil status.
(2) Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.
(3) Sells or abandons the child to another person for valuable consideration.
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(4) Neglects the child by not giving him the education which the family’s station in life and financial conditions
permit.
(5) Fails or refuses, without justifiable grounds, to enrol the child as required by Article 72.
(6) Causes, abates, or permits the truancy of the child from the school where he is enrolled. “Truancy” as here
used means absence without cause for more than twenty schooldays, not necessarily consecutive. It shall be the duty of
the teacher in charge to report to the parents the absences of the child the moment these exceed five schooldays.
(7) Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other
acts which are inimical to his interest and welfare.
(8) Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignations and other
excessive chastisement that embarrasses or humiliates him.
(9) Causes or encourages the child to lead an immoral or dissolute life.
(10) Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.
(11) Allows or requires the child to drive without a license or with a license which the parent knows to have been
illegally procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed that he permitted
or ordered the child to drive.
“Parents” as here used shall include the guardian and the head of the institution or foster home which has
custody of the child.
Regulation of Child and Youth Welfare

Services 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) A child-caring institution is one that provides twenty-four hour resident group care service for the physical,
mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped
or disturbed children, or youthful offenders.
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) A detention home 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.
(3) A shelter-care institution is 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 are family-type homes which provide 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) A nursery 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.
(6) A maternity home is 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) A rehabilitation center is an institution that receives and rehabilitates youthful offenders or other disturbed
children.
(8) A reception and study center is 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.
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(9) A child-placing agency is 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.
Special Categories Of Children (PD 603)

Definition of Terms.
1) A dependent child is one who is without a parent, guardian or custodian; or one whose parents, guardian or
other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public for
support.
(2) An abandoned child is one who has no proper parental care or guardianship, or whose parents or guardians
have deserted him for a period of at least six continuous months (3 MONTHS – RA 9523).
3) A neglected child is one whose basic needs have been deliberately unattended or inadequately attended.
Neglect may occur in two ways:
a) There is a physical neglect when the child is malnourished, ill clad and without proper shelter. A child
is unattended when left by himself without provisions for his needs and/or without proper supervision.
b) Emotional neglect exists: when children are maltreated, raped or seduced; when children are
exploited, overworked or made to work under conditions not conducive to good health; or are made to beg in
the streets or public places, or when children are in moral danger, or exposed to gambling, prostitution and other
vices.
(4) Commitment or surrender of a child is the legal act of entrusting a child to the care of the Department of
Social Welfare or any duly licensed child placement agency or individual. Commitment may be done in the following
manner:
a) Involuntary commitment, in case of a dependent child, or through the termination of parental or
guardianship rights by reason of abandonment, substantial and continuous or repeated neglect and/or parental
incompetence to discharge parental responsibilities, and in the manner, form and procedure hereinafter
prescribed.
b) Voluntary commitment, through the relinquishment of parental or guardianship rights in the manner
and form hereinafter prescribed.
Mentally Retarded, Physically Handicapped, Emotionally Disturbed and Mentally Ill Children (PD 603)
Mentally Retarded Children. – Mentally retarded children are:
(1) Socially incompetent, that is, socially inadequate and occupationally incompetent and unable to
manage their own affairs;
(2) Mentally subnormal;
(3) Retarded intellectually from birth or early age;
(4) Retarded at maturity;
(5) Mentally deficient as a result of constitutional origin, through hereditary or disease, and
(6) Essentially incurable.
Classification of Mental Retardation.

Mental Retardation is divided into four classifications:
(1) Custodial Group.
-The members of this classification are severely or profoundly retarded, hence, the least capable
group. This includes those with I.Q.s to 25.
2) Trainable Group.
-The members of this group consist of those with I.Q.s from about 25 to about 50; one who
belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of the
average child, is unable to acquire higher academic skills, but can usually acquire the basic skills for living
to a reasonable degree. He can likewise attain a primary grade level of education if he receives effective
instruction.
(3) Educable Group.
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-This group’s I.Q. ranges from about 50 to about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age. The degree of
success or accomplishment that they will reach in life depends very much on the quality and type of
education they receive, as well as on the treatment at home and in the community. Many of the
educable retardates may reach 5th or 6th grade educational level and can develop occupational skills
which may result in partial or complete economic independence in adulthood.
(4) Borderline or Low Normal Group.

-This is the highest group of mentally retarded, with I.Q.s from about 75 to about 89. The
members of this classification are only slightly retarded and they can usually get by in regular classes if
they receive some extra help, guidance and consideration. They have to spend much more time with
their studies than do most children in order to pass. Those who cannot make it are usually handicapped
by one or more other conditions aside from that of intelligence
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.
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.
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.
Admission of Disabled Children.

– The Department of Social Welfare, upon the application of the parents or guardians and the recommendation
of any reputable diagnostic center or clinic, shall refer and/or admit disabled children to any public or private institution
providing the proper care, training and rehabilitation.
“Disabled children” as used in this Chapter shall include mentally retarded, physically handicapped, emotionally
disturbed, and severe mentally ill children.
SEGMENT 2. Republic Act No. 7610 June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and
Discrimination Act.”
AMENDED BY:
REPUBLIC ACT NO. 9231
An Act Providing For The Elimination Of The Worst Forms Of Child Labor And Affording Stronger Protection For
The Working Child, Amending For This Purpose Republic Act No. 7610, As Amended, Otherwise Known as the "Special
Protection Of Children Against Child Abuse, Exploitation And Discrimination Act".\
REPUBLIC ACT NO. 7658

An act prohibiting the employment of children below 15 years of age in public and private undertakings,
amending for this purpose section 12, article viii of R.A. 7610.
The best interests of children shall be the paramount consideration in all actions concerning them, whether
undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the
Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a
useful and happy life.
Definition of Terms (RA 7610)

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(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by
deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3)
Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) 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.
(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-related
activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their
normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or
a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme
poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed
for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those above stated which endanger the life, safety or normal
development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of children.
EMPLOYMENT OF CHILDREN (RA 9231)

Children below fifteen (15) years of age shall NOT BE EMPLOYED EXCEPT:
"1) When a child works directly under the sole responsibility of his/her parents or legal guardian and
where only members of his/her family are employed: Provided, however, That his/her employment neither
endangers his/her life, safety, health, and morals, nor impairs his/her normal development: Provided, further,
That the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary
education; or
"2) Where a child's employment or participation in public entertainment or information through cinema,
theatre, radio, television or other forms of media is essential:
Provided, That the employment contract is concluded by the child's parents or legal guardian, with the express
agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided,
further, That the following requirements in all instances are strictly complied with: "
(a) The employer shall ensure the protection, health, safety, morals and normal development of the
child; "
(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration and arrangement of working time; and "
(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skills acquisition of the child. "In the above-exceptional cases
where any such child may be employed, the employer shall first secure, before engaging such child, a work
permit from the Department of Labor and Employment which shall ensure observance of the above
requirements. "For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years
of age
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Hours of Work of a Working Child (RA 9231)

-Under the exceptions provided in Section 12 of this Act, as amended:
"(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours
a week: Provided, That the work shall not be more than four (4) hours at any given day;
"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than
eight (8) hours a day, and in no case beyond forty (40) hours a week;
"(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the
evening and six o'clock in the morning of the following day and no child fifteen (15) years of age but below
eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the
following day”.
Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. (RA 9231)
– The wages, salaries, earnings and other income of the working child shall belong to him/her in ownership and
shall be set aside primarily for his/her support, education or skills acquisition and secondarily to the collective needs of
the family:
Provided, That not more than twenty percent (20%) of the child's income may be used for the collective needs of
the family.
"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. (RA 9231)
The parent or legal guardian of a working child below eighteen (18) years of age shall set up a trust fund for at
least thirty percent (30%) of the earnings of the child whose wages and salaries from work and other income amount to
at least two hundred thousand pesos (P200,000.00) annually, for which he/she shall render a semi-annual accounting of
the fund to the Department of Labor and Employment, in compliance with the provisions of this Act. The child shall have
full control over the trust fund upon reaching the age of majority.
"Sec. 13. Access to Education and Training for Working Children (RA 9231)
- "a) No child shall be deprived of formal or non-formal education. In all cases of employment allowed in this Act,
the employer shall provide a working child with access to at least primary and secondary education.
Prohibition on the Employment of Children in Certain Advertisements. – (RA 9231)

No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its by-products, gambling or any form of violence or pornography.
"Sec. 16- A. Jurisdiction

- The family courts shall have original jurisdiction over all cases involving offenses punishable under this Act:
Provided, That in cities or provinces where there are no family courts yet, the regional trial courts and the municipal trial
courts shall have concurrent jurisdiction depending on the penalties prescribed for the offense charged.
"The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days
from the date of filing.
"If the preliminary investigation establishes a prima facie case, then the corresponding information shall be filed
in court within forty eight (48) hours from the termination of the investigation.
"Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from the date of
filing of information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of
submission of the case
SEGMENT 3. Republic Act No. 9344

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE
JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile Justice and Welfare Act of 2006."It
shall cover the different stages involving children at risk and children in conflict with the law from prevention to
rehabilitation and reintegration.
Liberal Construction of this Act. - In case of doubt, the interpretation of any of the provisions of this Act,
including its implementing rules and regulations (IRRs), shall be construed liberally in favor of the child in conflict with
the law.
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SEC. 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:
(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished by him/her or
a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate security,
property bond, cash deposit, or recognizance.
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most
congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical,
psychological and emotional development. It also means the least detrimental available alternative for safeguarding the
growth and development of the child.
(c) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child, who is vulnerable to and at the risk of committing criminal offenses because
of personal, family and social circumstances,
(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.
(f) "Community-based Programs" refers to the programs provided in a community setting developed for
purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into
his/her family and/or community.
(g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court.
(h) "Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement of a child in
conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted
to leave at will by order of any judicial or administrative authority.
(i) "Diversion" refers to an alternative, child-appropriate process of determining the responsibility and treatment
of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings.
(j) "Diversion Program" refers to the program that the child in conflict with the law is required to undergo after
he/she is found responsible for an offense without resorting to formal court proceedings.
(k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict with the
law by law enforcement officers or private citizens.
(I) "Intervention" refers to a series of activities which are designed to address issues that caused the child to
commit an offense.
(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict
with the law,
(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.
(r) "Status Offenses" refers to offenses which discriminate only against a child, while an adult does not suffer any
penalty for committing similar acts.
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(s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local government
units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care
for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.
SEGMENT 4. AMENDED BY RA 10630
⮚ ‘Bahay Pag-asa’ – refers to a 24-hour child-caring institution established, funded and managed by local
government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing
short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen
(18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
⮚ "Victimless Crimes" refers to offenses where there is no private offended party.
SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights,
including but not limited to:
(a) The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;
(b) The right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of
release;
(c) The right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a
disposition of last resort, and which shall be for the shortest appropriate period of time;
(d) The right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner
which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated
from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed
separately to or from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict
with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in
exceptional circumstances;
e) The right to prompt access to legal and other appropriate assistance, as well as the right to challenge the
legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and
to a prompt decision on such action;
(f) The right to bail and recognizance, in appropriate cases;
(g) The right to testify as a witness in his or her own behalf under the rule on examination of a child witness.
(h) The right to have his/her privacy respected fully at all stages of the proceedings;
(i) The right to diversion if he/she is qualified and voluntarily avails of the same;
(j) The right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the
rights of the victim and the needs of society are all taken into consideration by the court, under the principle of
restorative justice.
(k) The right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is
given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred
as the more appropriate penalty;
(I) In general, the right to automatic suspension of sentence;
(m) The right to probation as an alternative to imprisonment, if qualified under the Probation Law;
(n) The right to be free from liability for perjury, concealment or misrepresentation; and
(o) Other rights as provided for under existing laws, rules and regulations.
SEC. 6. Minimum Age of Criminal Responsibility. (RA 9344) - A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such
child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability, which
shall be enforced in accordance with existing laws.
Section 3. (RA 10630) Section 6 of Republic Act No. 9344 is hereby amended to read as follows:
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"SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
"A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate. "A
child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with this Act.
"The exemption from criminal liability herein established does not include exemption from civil liability, which
shall be enforced in accordance with existing laws.”
Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all
the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child
may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the
absence of these documents, age may be based on information from the child himself/herself, testimonies of other
persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it
shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the information in any
appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which
shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties.
If a case has been filed against the child in conflict with the law and is pending in the appropriate court, the
person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing
on the said motion, proceedings on the main case shall be suspended.
SEC. 8. Juvenile Justice and Welfare Council (JJWC). - A Juvenile Justice and Welfare Council (JJWC) is hereby created and
attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an
undersecretary of the Department of Social Welfare and Development. (RA 9344)
Section 4. Section 8 of Republic Act No. 9344 is hereby amended to read as follows: (RA 10630) "SEC. 8. Juvenile Justice
and Welfare Council (JJWC). – A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the
Department of Social Welfare and Development and placed under its administrative supervision. The JJWC shall be
chaired by an Undersecretary of the Department of Social Welfare and Development.
SEC. 11. Child Rights Center (CRC). - The existing Child Rights Center of the Commission on Human Rights shall ensure
that the status, rights and interests of children are upheld in accordance with the Constitution and international
instruments on human rights.
SEC. 20. Children Below the Age of Criminal Responsibility (RA 9344)
• If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority
which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her
parents or guardian, or in the absence thereof, the child's nearest relative.
• Said authority shall give notice to the local social welfare and development officer who will determine the
appropriate programs in consultation with the child and to the person having custody over the child. If the parents,
guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the
following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay
Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where
appropriate, the DSWD.
• If the child referred to herein has been found by the Local Social Welfare and Development Office to be
abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention
program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and
Development Office pursuant to Presidential Decree NO. 603, otherwise known as “The Child and Youth Welfare Code”>
AMENDED BY RA 10630
"SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. – A child who is
above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping
and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape,
or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected
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child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the
youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC)
"SEC. 20-B. Repetition of Offenses. – A child who is above twelve (12) years of age up to fifteen (15) years of age and
who commits an offense for the second time or oftener: Provided, That the child was previously subjected to a
community-based intervention program, shall be deemed a neglected child under Presidential Decree No. 603, as
amended, and shall undergo an intensive intervention program supervised by the local social welfare and development
officer.
INITIAL CONTACT WITH THE CHILD

(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 PAO have been informed of the
apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details of the physical and
medical examination or the failure to submit a child to such examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents
or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement. A child
in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked
up in a detention cell.
Duties During Initial Investigation Sec 7 RA 10630

Initial Investigation of Child
Presence of:
1. Child’s Counsel of choice/PAO Lawyer
2. Parents/Guardians/Nearest Relative
3. Local Social Welfare and Development Officer
IF the 2 Latter not available
• Representative NGO
• Religious Group or
• Member of BCP
After the initial investigation, the local social worker conducting the same may do either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but
below eighteen (18) years old, who acted without discernment; and
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(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed
to diversion.
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs without undergoing
court proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the law
enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other
members of the 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.
SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the Katarungang Pambarangay,
the police investigation or the inquest or preliminary investigation stage and at all levels and phases of the proceedings
including judicial level.
SEC. 25. Conferencing, Mediation and Conciliation. - A child in conflict with law may undergo conferencing, mediation or
conciliation outside the criminal justice system or prior to his entry into said system. A contract of diversion may be
entered into during such conferencing, mediation or conciliation proceedings.
SEC. 26. Contract of Diversion. - If during the conferencing, mediation or conciliation, the child voluntarily admits the
commission of the act, a diversion program shall be developed when appropriate and desirable as determined under
Section 30. Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or administrative
proceedings. The diversion program shall be effective and binding if accepted by the parties concerned. The acceptance
shall be in writing and signed by the parties concerned and the appropriate authorities. The local social welfare and
development officer shall supervise the implementation of the diversion program. The diversion proceedings shall be
completed within forty-five (45) days. The period of prescription of the offense shall be suspended until the completion
of the diversion proceedings but not to exceed forty-five (45) days.
The child shall present himself/herself to the competent authorities that imposed the diversion program at least
once a month for reporting and evaluation of the effectiveness of the program.
SEC. 27. Duty of the Punong Barangay When There is No Diversion. - If the offense does not fall under Section 23(a) and
(b), or if the child, his/her parents or guardian does not consent to a diversion, the Punong Barangay handling the case
shall, within three (3) days from determination of the absence of jurisdiction over the case or termination of the
diversion proceedings, as the case may be, forward the records of the case of the child to the law enforcement officer,
prosecutor or the appropriate court, as the case may be. Upon the issuance of the corresponding document, certifying to
the fact that no agreement has been reached by the parties, the case shall be filed according to the regular process.
SEC. 28. Duty of the Law Enforcement Officer When There is No Diversion. - If the offense does not fall under Section
23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, the Women and Children
Protection Desk of the PNP, or other law enforcement officer handling the case of the child under custody, to the
prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not
the child should remain under custody and correspondingly charged in court. The document transmitting said records
shall display the word "CHILD" in bold letters.
SEGMENT 5. PROSECUTION
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to conduct inquest, preliminary
investigation and prosecution of cases involving a child in conflict with the law. If there is an allegation of torture or
ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to
investigate the same.
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SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a preliminary investigation in
the following instances: (a) when the child in conflict with the law does not qualify for diversion: (b) when the child,
his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and (c) when considering the
assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for
the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's Office
of such service, as well as the personal information, and place of detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the child shall be filed before
the Family Court within forty-five (45) days from the start of the preliminary investigation.
SEGMENT 6. COURT PROCEEDINGS

SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority
shall be considered.
SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:
(a) The release of the minor on recognizance to his/her parents and other suitable person;
(b) The release of the child in conflict with the law on bail; or
(c) The transfer of the minor to a youth detention home/youth rehabilitation center. The court shall not order
the detention of a child in a jail pending trial or hearing of his/her case.
SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for the offense with which the child in
conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone
regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether
or not diversion is appropriate.
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability
which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the
court shall place the child in conflict with the law under suspended sentence, without need of application: Provided,
however, That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or
more at the time of the pronouncement of his/her guilt.
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social worker who has
custody of the child, the court shall dismiss the case against the child whose sentence has been suspended and against
whom disposition measures have been issued, and shall order the final discharge of the child if it finds that the objective
of the disposition measures have been fulfilled. The discharge of the child in conflict with the law shall not affect the civil
liability resulting from the commission of the offense, which shall be enforced in accordance with law.
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective of the disposition
measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law
has wilfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with
the law shall be brought before the court for execution of judgment. If said child in conflict with the law has reached
eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in
accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified
period or until the child reaches the maximum age of twenty-one (21) years.
SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited in the services of his/her
sentence with the full time spent in actual commitment and detention under this Act.
SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it shall have convicted and sentenced a
child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her
sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968,
otherwise known as the "Probation Law of 1976", is hereby amended accordingly.
SEGMENT 6. CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

SEC. 43. Confidentiality of Records and Proceedings. - All records and proceedings involving children in conflict with the
law from initial contact until final disposition of the case shall be considered privileged and confidential. The public shall
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be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the
parties or the participants in the proceedings for any purpose whatsoever, except to determine if the child in conflict
with the law may have his/her sentence suspended or if he/she may be granted probation under the Probation Law, or to
enforce the civil liability imposed in the criminal action.
POST-TEST- FINALS
Activity No. 3
Instruction:
really yours.
Essay:
1. How does P.D 603 aim to promote the rights and well-being of Filipino children, particularly in
terms of education, health and social services?
2. How do the rights of a child differ from those of adults, and why is it important to have specific
protections and provisions for children?
3. What are the potential challenges or obstacles that children may face in fulfilling their
responsibilities and how can they be supported in overcoming these challenges?
49 | Page
4. What is the significance of R.A No. 7610 in the Philippines, and how does it address the
protection of children from abuse, exploitation and discrimination?
5. How does R.A No. 9344 define the age of criminal responsibility and establish procedure for
the diversion of children away from the formal criminal justice system?
6. How does R.A No. 9344 promote restorative justice approaches and alternative interventions
aimed at addressing the root causes of juvenile delinquency and preventing recidivism?
LEARNING UNIT 6
THE JUVENILE JUSTICE SYSTEM
SEGMENT 1. MODELS OF JUVENILE JUSTICE SYSTEM

✔ Justice Model Of Corrections – this is based on the concept that the criminal justice system should not be
concerned with offender rehabilitation but should limit itself to the fair administration of punishment
appropriate to the severity of the crime committed.
✔ Welfare Model - it adopts a positivistic approach that is based on the assumptions that juvenile wrongdoing is
the product of social or environmental factors for which the young person cannot be held individually
responsible. Its primary goal is to provide appropriate help or treatment for offenders rather than punishment.
✔ Minimum Intervention Model – its philosophy is derived in part from criminological “labelling theory”, which
suggests that all official forms of processing young offenders are potentially harmful to them since they label and
stigmatized them as criminals. (primary and secondary deviance)
Considerations such as these have given rise to a ‘minimum intervention’ strategy that incorporates
some or all of the following elements:
• avoiding the use of custodial or residential institutions wherever possible;
• using community-based alternatives
50 | Page
• avoiding prosecution altogether where possible

• advocating a policy of ‘decriminalisation’, certainly with regard to ‘status’ offences, where they
exist, but also at the very least in respect of minor criminal offences
• advocating a policy of ‘depenalization’ whereby even young offenders who commit more
serious offences would no longer come within the jurisdiction of the criminal courts,
✔ Restorative Justice Model – is based on radically different sets of assumptions about the concept of crime itself,
the relationship between offenders, victims, citizens and the state, and also about the most appropriate ways of
responding to crime. The traditional juvenile justice theorists have portrayed crimes as against state while
restorative model emphasizes on the harm that is done to the victim.
SEGMENT 2. Juvenile Delinquency Prevention Programs

DELINQUENCY PREVENTION Refers to intervening in young people’s lives before they engage in delinquency in
the first place – that is preventing the first delinquency act.
Sometimes referred to as non-justice delinquency prevention or alternative delinquency prevention.
SEGMENT 3. CATEGORIES OF CRIME AND DELINQUENCY PREVENTION

1. CORRECTIVE PREVENTION - attempts to prevent crime by ameliorating social conditions which seems to lead
to crime. E.g reducing overcrowding, rehabilitating slums, recreation facilities
2. PUNITIVE PREVENTION - uses police to deter crime through lawyers, the police courts, goals and the legal
system
3. MECHANICAL PREVENTION -emphasizes hardware such as locks, doors and grills
4. ENVIRONMENTAL PREVENTION -manipulates building design and the relationship between buildings and
their environment to reduce opportunities for crime. E.g street lightin.
SEGMENT 4. COMPREHENSIVE JUVENILE INTERVENTION PROGRAM

The LGU’s shall provide community-based services which respond to the special needs, problems, interests and
concerns of children and which offers appropriate counseling and guidance to them and their families. These programs
shall consist of three levels:
PRIMARY INTERVENTION
Includes general measures to promote social justice an equal opportunity, which tackle perceived root
causes of offending.
SECONDARY INTERVENTION
Includes measures to assist children at risk; and
TERTIARY INTERVENTION
Includes measures to avoid unnecessary contact with the formal justice system and other measures to
prevent re-offending.
SEGMENT 5. MANUAL IN HANDLING CASES OF CHILDREN AT RISK AND CHILDREN IN CONFLICT WITH THE LAW
Who is a Child at Risk?
▪ At risk of becoming a Child in Conflict with the Law (CICL). CAR refers to children who are vulnerable to
and at risk of behaving in a way that can harm themselves or others, or vulnerable and at risk of being
pushed and exploited to come into conflict with the law because of personal, family and social
circumstances.
Rescuing Children who are at Risk of Becoming

▪ In rescuing CAR as stated in Section 1-1.1, the WCPD shall follow the protocol in rescuing a child victim.
The WCPD Officer shall immediately meet with the social worker to plan the rescue and determine the
action necessary to protect the child. The planning and conduct of rescue operations shall proceed as
follows:
a. The WCPD Officer shall immediately verify the matter and gather more information.
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b. The WCPD Officer shall contact the DSWD/LSWDO, other units of the PNP (if necessary) and
the concerned barangay officials to map out the rescue operations, identify tasks and responsibilities,
and identify support agencies or services.
c. Confidential information may be shared only with those directly involved in the planning and
conduct of the rescue operation.
d. The WCPD Officer shall lead the rescue operation. The social worker, at a safe distance, shall
take custody of the child victim.
WHO IS A CICL?
▪ A “Child in conflict with the law” or “CICL” refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.
INITIAL CONTACT
▪ Initial contact with the child refers to the apprehension or taking into custody of a child in conflict with
the law by police officers or private citizens. It includes apprehension with or without a warrant.
Who may Conduct Initial Contact

▪ First responders, beat patrol officers, WCPD and other responding police officers who shall have initial
contact with a CICL is covered under this ManuaL.
General Rules in Conducting Initial Contact

Procedures in apprehending a CICL. The following procedures shall be observed in conducting initial contact:
a. The apprehending officer shall identify himself/herself to the child and shall introduce herself/himself
as kuya or ate to the child and show his her proper identification card as a police officer.
b. If the apprehending officer is wearing a vest or a jacket while in uniform, she/he shall show her/his
nameplate and/or badge to the child.
c. If the apprehending officer is in civilian clothes, he/she shall show his/her identification card.
d. The apprehending officer shall conduct the search of the child in a friendly, non-degrading and
gender-sensitive manner. A female child shall only be searched by a female police officer.
What to explain to the child

The police officer shall explain to the child, in simple language, and in a language or dialect which the child can
understand:
a. The reason for placing the child under custody;
b. The offense allegedly committed; and
c. The child’s constitutional rights.
POST-TEST- FINALS
Activity No. 4
Instruction:
really yours.
Essay:
1. Explain how the restorative justice model differs from traditional punitive approaches to
juvenile justice.
2. Provide examples of restorative justice practices that can be implemented within the juvenile
justice system to address the needs of both victims and offenders.
52 | Page
3. What are the factors that contribute to a child being considered “at risk”, and how do these
factors vary across different contexts and communities?
4. What are the rights of CICL during legal proceedings, and how does the juvenile justice system
ensure that these rights are upheld and respected?
5. Consider a scenario where a 16-year old is arrested for underage drinking. How might
diversionary programs such as counseling or community service be utilized to address the
behavior and prevent future alcohol-related incidents?
6. Imagine a scenario where 15-year old is caught shoplifting at a local store for the second time.
How might the juvenile justice system handle this case, considering the offender’s age and
previous behavior?
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PHILIPPINE COLLEGE FOUNDATION

PRE-REQUISITE: CRIM 1-4

B.1 LEARNING OBJECTIVES

SEGMENT 2. Historical Background of Juvenile Delinquency and Juvenile Justice System

2. American Postcolonial Patterns of Delinquency

parents of juveniles should be sterilized to prevent further members of the

House of Corrections for Juvenile Delinquent

SEGMENT 3. Theories of Crime and Delinquency

3. Neoclassical School Theory

4. Modern Classical School Theory

4.2 Routine Activity Theory

II. Biological and Psychological Theories

4. Behavioral Theory and Delinquency

III. Cultural Deviance, Strain and Social Control Theories

3. Social Control Theory

IV. Labelling and Conflict Theory

V. Female Delinquency Theories

a.1 Lombroso and Ferrero’s Atavistic Girl

a.2 Freud’s “Inferior Girl”

a.3 Thomas’s “Unadjusted Girl”

a.4 Pollak’s “Deceitful Girl”

c. Power Control Theory

d. Differential Oppression Theory

⮚ Answer the following questions below.

SEGMENT 2. Significant Cases Concerning Juvenile Delinquency

⮚ Kent v. United States

⮚ In re: Gault (1967)

⮚ American Bar Association (1977)

⮚ Schall v. Martin (1984)

A Glance of Philippine Juvenile Delinquency

SEGMENT 3. CONCEPT OF JUVENILE DELIQUENCY

⮚ The Delinquent Person

Juvenile delinquents maybe grouped in three ways:

⮚ The Juvenile Delinquent

⮚ What is a Deviant Behavior?

2. In terms of Place or Geography

SEGMENT 4. Risk Factors

Family Factors: Its influence in offending a child includes the following:

SEGMENT 5. NATURE OF DELINQUENCY

⮚ Juvenile Delinquency Tendencies

2. Negativistic- changeable attitude like not being satisfied with status

SEGMENT 6. TYPES OF DELINQUENT YOUTH

Other ways to classify delinquents are as follows:

SEGMENT 8. ENVIRONMENTAL FACTORS TO DELINQUENCY

1. The child is loved and wanted and knows it.

2. THE BROADER SOCIAL PROCESS

● Non-Government Organization (NGOs)

● The Mass Media

Peer related factors

Community and neighbourhood factors

f) mendicancy or begging in the streets;

Reasons for the Differential Treatment of Juveniles and Adults

2. Doctrine of Doll Incapax

OTHER WAYS TO CLASSIFY DELINQUENTS

JUVENILE DELINQUENCY TENDENCIES

Types of Delinquent Youth

OTHER TYPES OF DELINQUENT YOUTH

GENERAL APPROACHES IN THE STUDY OF DELINQUENCY

In general, the approaches in the study of crime are: