TOPICS:

 Concepts in Juvenile Delinquency

 Historical Background of Juvenile Delinquency
LEARNING OBJECTIVES
At the end of the class, the students will be able to:
 discuss the terms used in the study of juvenile delinquency.
 understand the reason of studying the historical background of juvenile
delinquency.

UNIT I
Basic Concepts of Juvenile Delinquency and Historical Background
I. Basic Concepts of Juvenile Delinquency - Please check the Reading
Assignment portion. 
II. Historical Background
             ***Read the timeline using this
link [Link]/timelines/the-time-capsule-of-the-juvenile-
justice-system (Links to an external site.) Further, research on the
following events in relation to Juvenile Delinquency and Juvenile
Justice System:
A.    CODE OF HAMMURABI. Oldest known code for thousand years ago
dating from 2270 B.C. Patriarchal System, Lex Talionis and Adoption are
included in their law.
B.     ENGLISH EXPERIENCE. About the year 1300, there developed a
considerable body of law regulating apprenticeships. The minimum age
limit for apprenticeship was eventually at 12 of age.
       1780s- Public asylums (a place of safety or refuge)
for destitute (lacking means of subsistence; abandoned) and neglected
children were founded by the Philanthropic Society in London.
C.    ROMAN LAW AND CANON (Church) LAW Approximately 2000 years
ago, this made distinction between juveniles and adults based on the
notion “age of responsibility”.
D.    ANCIENT JEWISH LAW. There was no corporal punishment prior to
puberty, which was considered to be the age of twelve for females and
thirteen for males.
E.     CODIFICATION OF ROMAN LAW. In fifth century B.C this law resulted
in the “Twelve Tables”, which made it clear that children were criminally
responsible for violation of law and were to be dealt with by same criminal
justice system as adults.
F.     ANGLO-SAXON COMMON LAW. This law was influenced by Roman
and Canon Law, which emerge in England during the eleventh and twelfth
centuries.
G.   CHANCERY OR EQUITY COURTS. Created by the King of England,
under the guidance of King’s chancellor.  Chancery courts were created to
consider petitions of those who needed special aid or intervention.  The king
exercise the RIGHT OF PARENS PATRIA (parents of the country) by
enabling these courts to act in LOCO PARENTIS (in the place of parents) to
provide necessary services for the benefit of women and children.
H.    LAW OF KING AETHELSTAN. Any thief over 12 years old received a
punishment of death if he stole more than 12 pence, (later the amount was
reduced to 8 pence). 
I.      STATUTE OF ARTIFICERS (1562). Stated that children of paupers
could be involuntarily separated from their parents and apprenticed to others.
J.     POOR LAW ACT OF 1601. Provided for involuntary separation of
children from their impoverished parents, and these children were then placed
in bondage to local residents as apprentices.
K.    CITY CUSTOM OF APPRENTICES. This was established in London to
settle disputes involving apprentices who were unruly or abused by their
masters in an attempt to punish appropriate parties.
L.     THROUGH OUT THE 1600 AND MOST OF 1700S. Juvenile offenders in
England were sent to adult prisons; although they were at times kept separate
from adult offenders.
M.   KINGWOOD REFORMATORY. This was established for the confinement
of the “hordes of unruly children who infested the streets of new
industrial towns” of England.
N.    NEW YORK COMMITTEE ON PAUPERISM. In 1818, the committee
gave the term “Juvenile Delinquency” Its first public recognition by referring
it as a major cause of pauperism.
a.    In 1825, it was established for juveniles, which was the predecessor of
the American Reformatory School. 
b.    1899 – The first Juvenile or “family” court was established in cook
Country Illinois.
c.       1899 – 1967 – This has been referred to as the era of “socialized
juvenile justice”.
BASIC CONCEPTS OF JUVENILE DELINQUENCY
Child
 A person who is below eighteen (18) years of age.
Filipino Child (PD 603)
  A minor or a youth; any person below 18 years old, a boy or a girl at any
age between infancy and adolescence; however, the law includes
infants and even unborn children.
 A person who is below 18 years old or those over but unable to fully
take care of themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.
Dependent Child
 A person who is without a parent, guardian or custodian, or whose
parents, guardian or custodian for good cause desires to be relieved of
his care and custody, and is dependent upon the public for support.
Abandoned Child
 A person who has no proper parental care or guardianship, or whose
parents or guardian has deserted him for a period of at least six
continuous months.
Neglected Child
 A person whose basic needs have been deliberately unattended to or
inadequately attended to, physically or emotionally, by his parents or
guardians.
Physical Neglect
 It occurs when the child is malnourished, ill clad and without proper
shelter.
Emotional Neglect
 It occurs when a child is raped, seduced, maltreated, exploited,
overworked or made to work under streets or public places, or when
placed in moral danger, or exposed to drugs, alcohol, gambling,
prostitution and other vices.
Disabled Child
 It includes mentally retarded, physically handicapped, emotionally
disturbed and mentally ill children, children with cerebral palsy and
those inflicted with similar afflictions.
Mentally Retarded Child
 A person who is (a) socially incompetent, that is, socially inadequate,
occupationally incompetent and unable to manage his own affairs; (b)
mentally subnormal; (c) intellectually retarded from birth or early age; (d)
retarded at maturity; (5) mentally deficient as a result of constitutional
origin through heredity or diseases or (6) essentially incurable.

Physically Handicapped Child

  A person who is crippled, deaf-mute, or otherwise, suffers from a defect
which restricts his means of action or communication with others.
Emotionally Disturbed Child
 A person who, although not afflicted with insanity or mental defect, is
unable to maintain normal social relations with others and the
community in general due to emotional problems or complexes.
Mentally Ill Child
 A person who have behavioral disorder, whether functional or organic,
which is of such a degree of severity as to require professional help or
hospitalization.
Commitment or Surrender of a Child
 It is the legal act of entrusting a child to the care of the Department or
any duly licensed child placement or child caring agency or individual by
the court, parent or guardian.
Involuntarily Committed Child
 A person whose parents, have been permanently and judicially deprived
of parental authority due to abandonment; substantial, continuous or
repeated neglect; abuse or incompetence to discharge parental
responsibility.
Voluntarily Committed Child
 A person whose parents’ knowingly and unwillingly relinquished
parental authority to the Department or any duly licensed child-
placement or child-caring agency or individual.
Child-placing or Child-Placement Agency
 It refers to a private non-profit institution or government agency duly
licensed and accredited by the Department to provide comprehensive
child welfare services, including but not limited to receiving application
for adoption or foster care, evaluating the prospective adoptive or foster
parents and preparing the home study report.
Child-Caring Agency
 It refers to a private non-profit institution or government agency duly
licensed and accredited by the Department that provides twenty-four
hour residential care services for abandoned, orphaned, neglected,
involuntarily or voluntarily committed children.
Guardian Ad Litem
 A person appointed by the court where the case is pending for a child
sought to be committed to protect his best interests.
Child in Conflict with the Law where the case is pending for a child
sought to be committed to protect his best interests.
en.
 A person who at the time of the commission of the offense is below
eighteen (18) years of age but not less than nine (9) years of age.
 
 
Age of Criminal Responsibility
 It is the age when a child who is above fifteen (15) but below eighteen
(18) years of age commits an offense with discernment.
Discernment
 It refers to the mental capacity to understand the difference between
right and wrong and its consequences.
Restorative Justice
 It is the principle that requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community.
Youth Detention Center
 It refers to a government-owned or operated agency providing
rehabilitative facilities where the child in conflict with the law maybe
physically restricted pending court disposition of the charge against him.
Juvenile
 He is a child or a young person, who under the legal system maybe
dealt with for an offense in a manner different from that of an adult.
 These are young people 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.
 He is a person subject to juvenile court proceedings because a
statutorily define event or condition caused by or affecting that person
was alleged to have occurred while his or her age was below the
statutorily specified age limit or original description of juvenile court.
Delinquency
 Delinquency refers to 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.
 Delinquency refers to any action; course or conduct that deviate from
acts approved by the majority of people. It is a description of acts that
do not conform to the accepted rules, norms and mores of the society.
 It refers to any misconduct or misbehavior that is tantamount to a felony
or an offense.
  Delinquency is distinct from crime in the sense that the former maybe in
the form of violation of a law, ordinance, or rule but it is punishable only
by a small fine or a short-term imprisonment or both.
Juvenile Delinquency
 It is used to describe a large number of disapproved behaviors of
children or youths. In this sense, anything that the youth does which
other do not like is called Juvenile Delinquency.
 It refers to any action or conduct of children or youth that are not
conventional or not normally accepted by the people.
 It is likewise refers to any misbehavior or deviant behavior committed by
children such as those minor offenses or misdemeanors, or those acts
defined by juvenile codes or laws.
 Children’s offenses typically include delinquent acts which would be
considered as an offense if committed by adults.
Status Offenses
 These are certain acts or omission which may not be punishable if
committed by adults, but become illegal only because the person is
under age and the act was committed primarily by children, minors,
juveniles, youthful offenders or other person in need of supervision or
assistance.
 Examples:
o sexual misconduct or immoral conduct
o use of profane language
o running away from home
o smoking, drinking, or use of prohibited substances
o disobedience to parents or school officials
o association with criminals or delinquent friends
o repeated disregard for misuse of lawful parental authority
Parens Patriae
 It simply states that the state had the right to benevolently intervene in
the care and custody of the child. Simply, the state shall become the
parents of the child.
THEORIES OF DELINQUENCY
A.    SOCIAL DISORGANIZATION THEORY by Clifford Shaw and Henry
Mckay. Disorganized areas cannot exert social control over acting-out youth.
B.     ANOMIE THEORY by Emile Durkheim. Anomie is normlessness
produced by rapidly shifting moral values, this occurs when personal goals
cannot be achieved using available means.
C.   STRAIN THEORY by Robert Merton and Robert Agnew. This contend
that certain classes are denied legitimate access to culturally determined
goals and opportunities and the resulting frustration, results in illegitimate
activities or rejection of the society’s goal.
       SOURCES OF STRAIN according to Robert Agnew:
  Strain caused by the failure to achieve positively valued goals
  Strain caused by the disjunction of expectations and achievements
  Strain as the removal of positively valued stimuli from the individual
  Strain as the presentation of negative stimuli
D.    DIFFERENTIAL OPPORTUNITY THEORY by Richard Cloward and
Lloyd Ohlin. Delinquent subcultures flourish in the lower-classes and take
particular forms so that the means for illegitimate success are no more
equally distributed than the means for legitimate success.
E.     CLASS CONFLICT THEORY by Richard Quinney and William
Chambliss. The fundamental causes of crime are the social and economic
forces operating within the society.
F.     DIFFERENTIAL OPPORTUNITY THEORY by John D. Hewitt and
Robert Regoli. Proposed that much serious juvenile delinquency is a product
of the oppression of children by adults, particularly within the context of family.
G.      DIFFERENTIAL ASSOCIATION THEORY by Edwin Sutherland.
Asserts that criminal behavior is learned primarily within interpersonal groups
and that youths will become delinquent if definitions they have learned
favorable to violating the law exceed definitions favorable to obeying the law
within the group.

DELINQUENCY IN GENERAL
1. NATURE OF DELINQUENCY
 Incidence of delinquency accelerates at age 13 and peaks at age 17.
 The prevalence (how widespread youth crime in the society) of different
kinds of offending at each stage but also about the percentage of
person initiating and terminating. Termination at about 18 or 19.
  The gap between male and female involvement in status and non-
victimizing offenses of serious types.
 A larger proportion of boys than girls report having broken the law and
that boys break it frequently.
 As of value of goods stolen increases, so does the sex ratio showing
male involvements.
STAGES OF DELINQUENCY
1. Emergence. The child begins with petty larceny between 8 and
sometime during the 12th year
2. Exploration. He then may move on to shoplifting and vandalism
between ages 12 to 14.
3. Explosion. At age 13, substantial increase in variety and seriousness.
4. Conflagration. At around 15, four or more types of crime are added.
5. Outburst. Those who continue on adulthood will progress into more
sophisticated or more violent forms of criminal behavior.
 PATHWAY TO DELINQUENCY
1. Authority-conflict Pathway. Begins at early age with stubborn behavior. This
leads to defiance and then to authority avoidance.
2. Covert Pathway. Begins with minor, underhanded behavior that leads
to property damage. This behavior eventually escalates to more serious
form of criminality.
3. Overt Pathway. Escalates to aggressive acts beginning with
aggression and leading to physical fighting and then to violence.
Status Offenses- A number of activities are deemed offenses when
committed by juveniles, because of their age at the time of the activity.
Example: Truancy – a pattern of repeated or habitual unauthorized absences
from school by any juvenile subject to compulsory education laws.
CLASSIFICATION OF DELINQUENCY
1. Unsocialized Aggression – Rejected or abandoned no parents to
imitate and become aggressive.
2. Socialize Delinquency – Membership of fraternities or groups that
advocate bad things.
3. Over-inhibited – Group secretly trained to do illegal activities, like
marijuana cultivation.
 
JUVENILE DELINQUENCY TENDENCIES
1. Malicious – Expression of defiance
2. Negativistic – Changeable attitudes like not being satisfied in status.
3. Non-utilitarian – Vandalistic attitude like graffiti.
4. Hedonistic – Doing bad thing for pleasure.
 
TYPES OF DELINQUENTS
1. Occasional Delinquents – these delinquents participate in a group.
They have common or similar characteristics. They are “pro-social”
(They do what other are doing).
* Sub-Culture – A group of people who share a number of values and
attitudes in common.
 
2. Gang Delinquents – Generally commits the most serious infractions, is
most often sent to a correctional institution, and most often continuous
in a pattern of semi-professional criminal behavior as an adult.
 
3. Maladjusted Delinquents – The activity stems from personality
disturbance rather than gang activity or slum residence. They are having
“weak ego”  “the asocial”, experienced early and severe parental rejection.
A GLANCE OF JUVENILE DELINQUENCY IN THE PHILIPPINES
 
A Glance of Juvenile Delinquency in the Philippines
       “The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual and social
well-being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs (Art. II, Sec. 13, Phil
Constitution)
       The problems of street children and juvenile delinquents are much
related social PROBLEMS. To survive in the street, one has to become a
delinquent. Exposed to criminal elements, these children are vulnerable to
prostitution, drug addiction and pushing and commission of crimes (Eduardo,
2013).
       A large problem arose from the treatment accorded to the juveniles when
they were paced in jails. Most juvenile delinquents were not segregated from
hardened adult criminals in the biggest jails in the Philippines, such as in
Muntinlupa Jail. Thus, after their release, they went back to the street with
more knowledge of crime. This severely hampered the social integration of the
youth offenders after they left prison.
 
RISK FACTORS
1.     Individual Risk Factors. Individual psychological risk factors that may
make offending more likely include intelligence, impulsiveness or the inability
to delay gratification, aggression, empathy, and restlessness (Farrington,
2002). Children low intelligence are likely to do worse in school. This may
increase the chances of offending because of low educational attainment, low
attachment to school, and low educational aspirations. Impulsiveness is seen
as the key aspect of the child’s personality that predicts offending.
2.     Family Environment. The influence of family to the child’s offending
behavior include the following:
a.    Level of parental supervision,
b.    Parental conflict or separation,
c.    Abuse by parents and child neglect,
d.    The way parents discipline a child,
e.    Criminal parents or siblings
f.      Quality of relationship.

The Family
        The family, being the foundation of the nation, is a basic social institution
which public policy cherishes and protects.
        Family is a basic social group that is united by blood (consanguinity) or
marriage (affinity); one that generally lives together and participates in
economic cooperation; provides security, socialization and companionship;
and aids in the reproduction and preservation of the human race.
The Family as an Institution
       “The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of a mother and the life of the unborn from conception. (Art. II,
Sec 12, Phil. Constitution)
Functions of Family
1.     Reproduction- The family is a prerequisite for the survival of a society to
replace one generation to next.
2.     Security-The family serves as a protector for all its members especially
the young.
3.     Socialization- This is for the early development of an individual’s
personality.
4.     Assignment of Status- This includes ethnic and racial status, religious
and class status.
5.     Emotional Support- “Home sweet home, for there the heart can rest”.
6.     Other functions (e.g. transmittal of inheritance)
Family Structures:
1.     Nuclear Family- Husband, wife and children
2.     Extended Family- consists of several generations (family of orientation
and family of procreation)
3.     Joint Family- married children with their spouses and children living in
one residence.
4.     Household- one individual or a hundreds of individuals.
5.     Truncated Family- grandparent-grandchildren relationship
6.     Stem Family- Two families that do not share a common residence but
their houses may be located in the same area.
7.     Single Parent Family-consists of one parent raising one or more
children on his own.
8.     Step Family- also known as the blended family
 
 
FAMILY MODEL
1.     THE CORPORATE MODEL- The father is the chief executive officer.
The mother, the operating officer, and implements the father’s policy and
managing the staff (children) that in turn have privileges and responsibilities
based on their seniority. 
2.     THE TEAM MODEL – The father is the head, the mother is the chief of
the training table and cheerleader. The children, suffering frequent
performance anxiety, play the rules and stay in shape.
3.     THE MILITARY MODEL – The father is the general. The mother is the
guard duty with a special assignment to the nurse corps when needed. The
kinds are the grunts.
4.     THE BOARDING SCHOOL MODEL – The father is the rector or head
master, is in charge of training school minds and bodies, the mother is the
dorm counselor. The children are dutiful students.
5.     THE THEATERICAL MODEL – The father is the producer, plays the role
of the father. The mother, the stage manager, doubles in the part of mother
and children, the stagehands, also acts the roles of girls and boys.
The Family Home
          The Family home is constituted jointly by husband and the wife or an
unmarried head of a family, is the dwelling house where they and their family
reside, and the land on which is situated.
Beneficiaries of a Family Home:
1. husband and wife; or a single person who is a head of a family;
 2. Their parents, ascendants, descendants, brothers and sisters, whether
the relationship be legitimate or illegitimate, who are living in the family
home and who depend upon the head of the family for legal support.
Rights and Duties of Parents
 Primary Right: the parents shall have the right to the company their
children and, in relation to all the persons or institutions dealing with the
child’s development, the primary right and obligation to provide for their
upbringing.
 Right to Discipline the 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.
Read the duties of parents and rights of the children
[Link]
the-family-code/
 
Criminal Liabilities of Parents (Read Article 58, PD 603)
[Link]
 
Paternity and Affiliation
          The filiations of children may be by nature of by adoption. Natural
filiations may be legitimate or illegitimate (Art. 163, Family Code)
Kinds of Children under Family Code
1. Legitimate Children- Children conceived or born during the marriage of
the parents are legitimate.
2. Illegitimate Children- Children conceived and born outside a valid
marriage.
3. Legitimated Children
4. Adopted Children
Family and Delinquency
1.     Family Structure- the Family size and birth position both had been found to have pre
ü Family Size
·   Parents of larger families tend to give less parental attention to their children.
ü Child’s Birth Order
·   Birth order affects the delinquent behavior with delinquency more likely among middle ch
 
2.     Relations between Parents and Children
The strongest predictive factor for delinquency is having criminal parents.
ü  Family Rejection
1.     Studies found a significant relationship between parental rejection and delinquent beh
2.     According to John Bowlby, A child who is deprived of his mother goes through three
§  Protest
§  Despair
§  Detachment
 
ü  Discipline in the Home
1.     Inadequate supervision and discipline
2.     Where discipline is erratic or harsh
3.     The fact that parents of normal children can make their children behave worse simply
indicator that discipline is a shaping factor.
 
ü  THREE TYPES OF HOME THAT BREEDS THREE TYPES OF BEHAVIOR
1.     A loving, friendly and just home that breeds a Conforming Behavior.
2.     A loving, liberal, and open-minded home that breeds Critical behavior
3.     A loveless, lonely and problematic home life that breeds Deviant Behavior.
ü  CULTURAL SCRIPTS FOR THE CONTEMPORARY FATHER
1.     THE UNNECESSARY FATHER – Portrays fatherhood, as distinctive social role for m
undesirable.
2.     THE OLD FATHER – The traditional patriarchal father, the masculine, aggressive, ove
raise his daughters as girls and his sons as boys. 
3.     THE NEW FATHER – Portrays the father as nurturing individual, and a deeply involve
4.     THE DEADBEAT DAD – This is a bad guy. Money is the bottom-line; the core issue is
absence.
5.     THE SPERM FATHER – Portrays the father in a minimalist role, a one-act dad. There
does not, and will not, know his child.
6.     THE VISITING FATHER – He is effectively invisible. He is part father, part stranger.
7.     THE GOOD FAMILY MAN – He is not perfect but enough to be irreplaceable.
QUALITY OF HOME
A.      BROKEN HOME
·         EFFECTS OF FAMILY BREAKDOWN TO THE CHILDREN:
Being brought up by one parent instead of two decrease the amount of surveillance which p
B.      SINGLE PARENT FAMILY- Majority of single parent families are the products of divo
that of the strained relationships between the parents prior to family breakdown.
Parental Authority
Title IX, Civil Code of the Philippines
 
Concept of Parental Authority
         Parental authority (patria potestas) is defined by Manresa as “the mass of rights and o
in relation to the person and the property of their children until their emancipation, and even
circumstances” (2 Manresa 8).    
Evolution of the Concept:
         “From the unlimited potestas of the Roman law, with the power of life and death (jus v
this institution has developed under Christian influence into something radically different.  M
a function of the parents for the benefit of the children, under the supervision of the state.  T
no complex of rights, but sum of duties; no sovereignty but a sacred trust for the welfare of
Reyes and Puno, id., pp. 295-296).
IMPORTANT PROVISIONS
Art. 210.  Parental authority and responsibility may not be renounced or transferred except
(313a)
Parental authority and responsibility may not be renounced or transferred except in the cas
1. adoption;
2. guardianship; or
3. commitment of the child in an entity or institution engaged in child care or in a childre
Art 211.  The father and mother shall jointly exercised parental authority over the persons o
case of disagreement, the father’s decision shall prevail, unless there is a judicial order to t
 Both parents exercise joint authority over their children:
 Father’s decision shall prevail in case of disagreement, unless there is a judicial orde
Art 212.  In cases of absences or death of either parent, the parent present shall continue e
The remarriage of the surviving parent shall not affect the parental authority over the childre
another person to be the guardian of the person or property of the children.  (17a, PD 603)
 
Art 213.  In case of separation of the parents, parental authority shall be exercised by the p
The court shall take into accounts all relevant consideration, especially the choice of the ch
unless the parent chosen is unfit. (n)
No child under seven years of age shall be separated from the mother, unless the court find
otherwise.
Who exercise parental authority in case of absence, death or remarriage of either parent, o
1. in case of absence of either parent. The parent present.
2. in case of death of either parent; the parent present.
 3. in case of remarriage of the surviving parent; still, the surviving parent, unless the cou
child.
4. in case of separation of the parents. The parent designated by the court.
1. the court shall take into account all relevant considerations, especially the choi
age, unless the chosen parent is unfit.
2. No child under 7 years of age shall be separated from the mother, unless the c
order otherwise.
5. The Family Code reverts to the provision of the Civil Code that a child below 7 years
from the mother. (Art. 363), which PD 60 amended by reducing the child’s age to 5 ye
1. The Committee agrees with the framers of the civil code that a child below 7 ye
tender care that only mother can give.
         Art 214.  In case of death, absence or unsuitability of the parents, substitute parental
the surviving grandparent.  In case several survive, the one designated by the court, taking
consideration mentioned in the preceding article, shall exercise the authority.  (19a, PD 603
         Art. 215.   No descendant shall be compelled, in a criminal case, to testify against his
except when such testimony is indispensable in a crime against the descendant or by one p
         Art. 216.  In defaults of parents or a judicially appointed guardian, the following perso
parental authority over the child in the order indicated.
1. The surviving grandparent, as provided in Art. 214;
2. The oldest brother, sister, or even twenty-one years of age, unless unfit or disqualifie
3. The child’s actual custodian, or even twenty-one years of age, unless unfit or disqual
 
Whenever the appointment of a judicial guardian over the property of the child becomes ne
child becomes necessary, the same order of presence shall be observed.  (349a, 352a, 35
Who exercises substitute parental authority over children?
         In default of the parents or a judicial guardian, this provision confers upon the followin
parental authority over the child in the order indicated.
1. The surviving grandparent (but if several survive, the one designated by the court pu
2. The oldest brother or sister, over 21 years old, unless unfit or disqualified. (This custo
the child, but he or she must have actual custody of the child.)
Liability of parents for torts committed by their minor children:
1. Parents and other persons exercising parental authority are civilly liable for the torts o
1. provided they are living in their company, and
2. subject to the appropriate defenses provided by law, like the parent’s having ob
father of the family to prevent the damage. (Art. 2180, Civil Code)
2. If the minor child is, therefore, not living with the parents but has been entrusted to th
an interned in school, the liability does not apply.
3. The liability of the parents and those exercising parental authority over the child is so
104 Phil. 529) and primary and direct, not subsidiary (Barredo v. Soriano, 73 Phil. 60
 4. Examples:
1. if a minor child negligently operates the family car, the parents are liable for the
Gutierez, 56 Phil. 177)
2. if the child while living with the parents, commits and illegal acts in the streets,
Tolentino, id., 1959 ed., p. 521)
         Art. 222.  The courts may appoint a guardian of the child’s property, or a guardian-ad
the child so require.  (317)
         Art. 223.  The parents or, in their absence or incapacity, the individual; the entity or in
authority, may petition the proper court of the place where the child resides, for an order pr
measures over the child.  The child shall be entitled to the assistance of counsel, either of h
court, and a summary hearing shall be conducted wherein the petitioner and the child shall
         Art 224.  The measures referred to in the proceeding article may include the commitm
than thirty days in entities or in institutions engaged in child care or in children’s home duly
government agency. 
         The parent exercising parental authority shall not interfere with the care of the child w
provide for his support.  Upon proper petition or at its own instance, the court may terminat
whenever just and proper.  (319a)
         Art. 226.  The property of the unemancipated child earned or acquired with his work o
gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the
unless the title or transfer provides otherwise.
         The right of the parents over the fruits and income of the child’s property shall be limit
se4condarily to the collective daily needs of the family.  (321a, 323a)
What “property” of the child includes:
1. The child’s earning through his or her labor, work or industry;
2. Property acquired by the child by gratuitous title;
3. Fruits of all the properties of the child, whether acquired by lucrative or onerous title;
4. Property acquired by the child be onerous title;
5. Insurance proceeds accruing to the child.
For what purposes may the parents use the fruits and income of the child’s property?
         As the fruits and income of the child’s property, the parents may use them:
1. Primarily, for the child’s support and education, and
2. Secondarily, for the collective daily needs of the family (which means the daily needs
like food and shelter, but not specific and individual needs of another child like his ed
attendance, which should be paid out of the absolute community or conjugal properti
Art. 228.  Parental authority terminates permanently:
1. Upon the death of the parents;
2. Upon the death of the child; or
3. Upon emancipation of the child.
Permanent termination of parental authority:
         Parental authority is permanently terminated:
1. Upon the death of the parents;
2. Upon the death of the child; or
3. Upon emancipation of the child.
         Parental authority in the above cases terminates permanently because there is no po
         Art. 229.  Unless subsequently revived by a final judgment, parental authority also ter
1. Upon the adoption of the child;
2. Upon appointment of general guardian;
3. Upon judicial declaration of abandonment of the child in a case filed for the purpose;
4. Upon final judgment of a competent court divesting the party concerned of parental a
5. Upon judicial declaration of absence or incapacity of the person exercising parental a
Termination of parental authority, which can be revived by final judgment:
         Parental authority may also be terminated:
1. Upon the adoption of the child;
2. Upon the appointment of a general guardian for the child (e.g. over his person and pr
3. Upon judicial declaration of abandonment of the child (by the parent exercising paren
the purpose;
4. Upon final judgment of a competent court divesting the parent or parental authority o
In the above cases, parental authority may be revived by final judgment:
1. Rescinding the adoption of the child (see Art. 193);
2. Terminating the judicial guardianship over the child;
3. Restoring parental authority to the parent who has returned home after abandoning t
parental authority for any reason; or
4. Restoring parental authority to an absent parent who has returned or formerly incapa
regained his or her incapacity.
 
Art. 230.  Parental authority is suspended upon conviction of the parent or the person exerc
which carries with the penalty of civil interdiction.  The authority is automatically reinstated
upon pardon or amnesty of the offender.  (330a)
Civil interdiction or parent suspends parental authority:
1. The parental authority of a parent over his minor child is suspended upon his or her c
carries the penalty of civil interdiction.
2. The parent’s parental authority is, however, automatically reinstated upon service of
or amnesty of, the parent.
3. There is no need of a court order reinstating the parental authority of the parent over
authority is automatically revived.
         Art. 231.  The court in an action filed for the purpose or in a related case may also su
parent or the person exercising the same:
1. Treats the child with excessive harshness or cruelty;
 2. Gives the child corrupting orders, counsel for example
3. Compels the child to beg; or
4. Subjects the child or allows him to be subjected to acts of lasciviousness.
         The grounds enumerated above are deemed to include cases which have resulted fro
parent or the person exercising parental authority.
         If the degree of seriousness so warrants, or of the welfare of the child so demands, th
party of parental authority or adopt such other measures as may be proper under the circum
         The suspension or deprivation may be revoked and the parental authority revived in t
in the same proceeding if the court finds that the cause therefore has ceased and will not b
 
Art. 232. If the person exercising parental authority has subjected the child or allowed him t
such person shall be permanently deprived by the court of such authority.
 
Art. 223. The person exercising substitute parental authority shall have the same authority
the parents.
            In no cases shall the school administrator, teacher or individual engaged in the child
parental authority, inflict corporal punishment upon the child.
 
EMANCIPATION AND AGE OF MAJORITY
 
Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provide
age of twenty-years old.
Emancipation also takes place:
 
1. By the marriage of the minor.
2. By the recording of the Civil Register of an agreement in a public instrument execute
parental authority and the minor at least eighteen years of age. Such emancipation s
The above article has been amended by Section 1, Republic Act 6809 as
so as to read as follows:
“Art. 234. Emancipation takes place by the attainment of majority.  Unless otherwise provid
age of eighteen years old.”
 
Art. 235.  The provisions governing emancipation by recorded agreement shall also apply t
person exercising parental authority but the agreement must be approved by the court befo
 
            The Article above has been expressly repealed by Sec. 2 of Republic Act No. 6809
said law, 18 years old is now the age of majority.
 
Art. 236 Emancipation for any cause shall terminate parental authority over the person and
then be qualified and responsible for all acts of civil life.
            The Article above has been amended by Sec. 3 of Republic Act No. 6809 as follows
            “Art. 236. Emancipation shall terminate parental authority over the person and prop
be qualified and responsible for all acts of civil life, save the exceptions established by exis
            Contracting marriage shall require parental consent until the age of twenty one.
            “Nothing in this code shall derogate from the duty or responsibility of parents and gu
wards below twenty-one years of age mentioned in the second and third paragraphs of Arti
            The above amendment excepts marriage and torts from the full emancipation of the
age of 18, for he or she is below 21 years old still cannot get married without parental cons
guardian are still liable for his or her torts provided they are living together, as provided in A
the Philippines.
            There seems to be an oversight in the above amendment in referring to guardians,
guardianship had existed over the person who was 18 years and above but below 21 years
Republic Act 6809 would already be terminated by said act because 18 years old is now th