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JUVENILE DELINQUENCY
What is Juvenile Delinquency?
It refers to an anti-social acts or behaviors (acts that are not in conformance with the society) committed by
minors which are contrary to the norms of the society. It involves oftentimes misdemeanors (acts in violation of
ordinances), but may include also offenses (violation of special laws) and felonies (violation of RPC)

What is Juvenile Delinquent?

Take Note: Under RA 9344 (Juvenile Justice and Welfare Act of 2006), juvenile delinquent is now called “Child-in-
Conflict with the Law”. The use of the word “juvenile”, “juvenile delinquent”, “youthful offender” or other similar
terms against the child is labeling or shaming punishable under this law.

Crime vs. Delinquency

Crime is an act committed by an adult Delinquency are acts committed by minors.
An act that breaks criminal code (written laws) Acts that merely break 'cultural law' or norms.
which is created by society through written (unwritten laws)
law.
A person who committed a crime can be dealt A child is under the process known as juvenile
with in accordance with the criminal justice justice system.
system

HISTORY OF JUVENILE DELINQUENCY

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

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

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

4. Codification of Roman Law – In 5th century B.C., this law resulted in the “Twelve Tables”, which made
it clear that children were criminally responsible for violation of law and were to be dealt with by same criminal
justice system as adults.

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

6. Middle of 19th century – The middle of the nineteenth century also included the child-saving movement.
concerned citizens eventually formed a social activist group called Child Savers, who believed that children were
born good and became bad. Juvenile children were blamed on bad environments. The best way to save children was
to get them out of “bad” homes and placed in “good” ones. This led to the creation of the doctrine Parens Patriae.
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Take Note: Parens Patriae is a doctrine that does not consider delinquent acts as criminal violation, thus making
delinquents non-criminal persons and cannot be found guilty of a crime and punished like an adult criminal. This doctrine
viewed minors who violate the law as victims of improper care, custody and treatment at home. Thus, in parents patriae, the
“State becomes the father”

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

In the Philippine Settings

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

9. PD 603 “ The Child and Youth Welfare Code” - Under the said law, a person who is over nine (9) but under
twenty-one (21) years of age at the time of the commission of the offense who committed a crime is known as a
YOUTHFUL OFFENDER.
Take note: This provision was later amended by PD 1179. Under the said law, it defines a youthful offender as a child,
minor or youth, including one who is emancipated in accordance with law who is over nine years but under eighteen
years of age at the time of the commission of the offense.

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

PERSONALITIES AND DATES

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

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

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

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

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

6. 1899 – The first Juvenile or “family” court was established in Cook County Illinois.
7. 1899 to 1967 – This has been referred to as the era of “socialized juvenile justice”.

HOUSE OF CORRECTIONS FOR JUVENILE DELINQUENT

1. Bridewells
It was the first houses of corrections in England. They confined both children and adults considered to be idle
and disorderly.
2. Hospice of San Michele
Saint Michael was established in 1704. John Howard, a reformer, brought to England from Rome a model of
the first institution for treating juvenile offenders. He was often thought of as the father of prison reform.
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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.

TYPES OF DELINQUENT YOUTH

1. Social – an aggressive youth who resents (hate) the authority of anyone who make an effort to control his behavior.
2. Neurotic – he has internalized his conflicts and preoccupied with his own feelings.
3. Asocial – his delinquent at has a cold, brutal, fictious quality for which the youth feel no remorse.
4. Accidental – he is less identifiable in his character, essentially socialize law abiding but too happens to be at the
wrong place at the wrong time and becomes involved in some delinquent act not typical of his general behavior.

STAGES OF DELINQUENCY
1. Emergence- the child begins with petty larceny between (8 and sometimes the 12th year.)
2. Exploration -he or she then move on to shoplifting and vandalism between (ages 12 to 14.
3. Explosion - at age (13 up), there is a substantial increase in variety of seriousness.
4. Conflagration - at around (15 up), four or more types of crimes are added.
5. Outburst - Those who continue on adulthood will progress into more sophisticated or more violent forms of
criminal behavior.

CLASSIFICATION OF DELINQUENCY
1. Unsocialized Aggression - Rejected or abandoned, NO parents to imitate and become aggressive.
2. Socialize Delinquency - Membership of fraternities or groups that advocate bad things.
3. Over-Inhibited – Group secretly trained to do illegal activities, like marijuana cultivation.

DIFFERENT APPROACHES TOWARD DELINQUENCY

1. Biogenic Approach
Biogenic views the law-breaker as a person whose misconduct is the result of faulty biology. The offender
is a hereditary defective, suffers from endocrine imbalance or brain pathology, his or her body structure and
temperament pattern have produced the law breaking.
➢ RICHARD DUGDALE – Jukes family tree (he believes that criminal behavior is hereditary)
➢ Endocrine imbalance – there is hormonal imbalance
➢ Brain pathology – any disorder or condition that affects our brain
➢ WILLIAM SHELDON – Somatotype theory (the body type of a person could be linked to the personality of a
person)
o Ectomorph –
o Mesomorph –
o Endomorph –

2. Psychogenic Approach
It tells us that the offender behaves as she or he does in response to psychological pathology of some kind.
The critical casual factors in delinquency are – personality problems, to which juvenile misbehavior is presume to
be a response.
➢ Psychological aspect of a person (mind, emotion and behavior)
➢ It explains that the cause of delinquent behavior is because there is a problem that affect their mind kaya
nakaka commit sila ng delinquent acts
➢ PERSONALITY PROBLEMS
o anti-social personality disorder
o histrionic personality disorder
o narcissistic personality disorder
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3. Sociogenic Approach
Sociogenic attributes the variations in delinquency pattern to influence social structures. They account for
individual offender by reference process, which go on in youth gangs, stigmatizing contacts with social control
agencies and other variables of that time.

➢ EDWIN SUTHERLAND – differential association theory

CAUSES OF BEHAVIORAL DISORDERS

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

2. Precipitating Factor (direct factor)

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

FACTORS AFFECTING JUVENILE DELINQUENCY

1. Individual Risk Factors
Individual psychological or behavioral risk factors that may make offending more likely include
intelligence, impulsiveness or the inability to delay gratification, aggression, empathy, and restlessness. Children
with low intelligence are likely to do worse in school. This may increase the chances of offending because low
educational attainment, a low attachment to school, and low educational aspirations are all risk factors for offending
in themselves. Children who perform poorly at school are also more likely to truant, which is also linked to
offending.
• LOW IQ THEORY – they are struggling in school so as a result they tend to possess delinquent behavior

2. Family
The family is the first and the basic institution in our society for developing the child’s potential, in all its many
aspects like emotional, intellectual, moral, and spiritual as well as physical and social. It is within the family that the
child must learn to curb his desires and to accept rules that define the time, place and circumstances under acceptable
ways. The following are some of the causes why some of the child becomes juvenile delinquent as influence their own
family;

a) the faulty development of a child (mali yung parenting style ng bata, yung iba kasing parents is pinaparusahan
yung bata kahit maliit lang na bagay)
b) lack of parental guidance (pag walang naggguide sa bata kung ano ang tama at mali)
c) lack of love and the instinct of hate or anger due to unfair treatment
d) parental rejection
e) broken home
f) parental abuse or neglect
g) criminal parents or siblings

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

It is where the child influences after his first highly formative years. Youth in the community turns to become
delinquent with companions. Youth today accuse those ahead of them for failure to define how to live both honorably
and successfully in a world that is changing too rapidly for anyone to comprehend. Together they now become a victim
of their own environment, their attitudes, dress, taste, ambitions, behavior are imitated or have been already influence
by those anti-social acts recognized in their environment. Some of these causes are the following:

a) associations with criminal groups/gangs (dahil ibat ibang tao yung nakakasalamuha ng bata is iba ibang ugali din
ang naadapt nya)
b) alcoholism and drug addiction
c) impulse of fear
d) crime inducing situation that caused criminalistic tendencies
e) imitated instinct like selfishness, violence and anti-social wishes.
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THREE TYPES OF DELINQUENT GANGS BY CLOWARD AND OHLIN

a. The Criminal Gang. Emerge in areas where conventional as well as non-conventional values of behavior are
integrated by a close connection of illegitimate and legitimate businesses. This type of gang is stable than the
ones to follow. Older criminals serve as role models and they teach necessary criminal skills to the youngsters.

b. The conflict/violent gang. Non-stable and non-integrated, where there is an absence of criminal organization
resulting in instability. This gang aims to find reputation for toughness and destructive violence.

c. The Retreatist Gang. Is equally unsuccessful in legitimate as well as illegitimate means. They are known as
double failures, thus retreating into a world of sex, drugs, and alcohol.

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

5. Other Department or Agencies of the Government

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

THEORIES OF DELINQUENCY
1. Social Disorganization Theory - It was recognized early in twentieth century by sociologist Clifford Shaw and Henry
Mckay. According to social disorganization theory, disorganized areas cannot exert social control over acting-out youth;
these areas can be identified by their relatively high level of change, fear, instability, incivility, poverty and
deterioration, and these factors have a direct influence on the area’s delinquency rate.

2. Anomie Theory - Advocated by Emile Durkheim. Breakdown of social orders as results of loss of standards and values
that replaced social cohesion.

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

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

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

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

7. Drift Theory (Neutralization Theory). It proposed that juveniles sense a moral obligation to be bound by the law.
Such a bind between a person and the law remains in place most of the time, they argue. When it is not in place,
delinquents will drift.
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8. Labeling Theory (Social Reaction Theory). Crime is caused by societal reactions to behavior, which include exposure
to the juvenile justice system. Once children are labelled delinquent, they become delinquent (Tannenbaum, 18938).

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

10. Self-derogation Theory. Introduced by Kaplan states that all motivated to maximize our self-esteem, motivation to
conform will be minimized by family, school and peer interactions that devalue our sense of self, interactions and
behavior may be self-defacing or self-enhancing.

11. Self-control Theory. In short, self-control theory suggests that deviance simply results from the individual’s inability
to effectively control his/her impulses. Self-control theory argues that it is the absence of self-control rather than the
presence of some force or factor such as poverty, anomie, opportunities for deviance, delinquent peers, exposure to
definitions favorable to deviance, etc. that leads to deviance.
12. Culture Deviance Theory. Links delinquent acts to the formation of independent subcultures with a unique set of
values that clash with the main stream culture. This theory argues that children learn deviant behavior socially through
exposure to others and modeling of others action.

13. Rational Choice Theory. They argue in many cases; deviance is a result of highly calculation of risks and awards.
Prospective deviants weigh their own chance of gain against the risk of getting caught, and thereby decide a course of
action.
Juveniles however do not always choose the most rational actions. There values are different from adult and their
motives are different from an adult criminal. Adolescent are also notorious for not thinking before they act. These
actions which constitute delinquency may come as a result of acting against authority, or to rebel against cultural norms
and goals.

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

Essential Requisites of Marriage

1. Legal capacity of contracting parties who must be male and a female.
This means that the parties must have the necessary age or the necessary consent of parents in certain cases.
Age 18-21 – Needs parental consent
Age 22-25 – Needs parental advise
Can I use “parental consent” and “parental advice” interchangeably? What are the differences?
No, “parental consent” and “parental advice” CANNOT be used interchangeably. Parental consent is required when
either or both of the contracting parties are between the ages of eighteen (18) and twenty-one (21).
Parental advice, on the other hand, is required if either or both of the contracting parties is/are between the age of
twenty-one (21) and twenty-five (25). The “parental consent” or “parental advice”, as the case may be, is required during
the application for a marriage license.

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

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

Formal Requisites of Marriage
• Formal can be waived but essential cannot be
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1) Authority of Solemnizing Officer

a. Any incumbent member of the judiciary within the court’s jurisdiction.
b. Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his church or religious
sect and registered with the civil registrar general, acting within the limits granted to him by his church and
provided that one of the contracting parties belongs to the solemnizing officer’s church or religious sect.
c. Any ship captain or airplane chief only in cases of articulo mortis. A marriage in articulo mortis between
passengers or crew members may also be solemnized not only while the ship is at sea or the plane in flight,
but also during stopovers at ports of call.
d. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a
military operation. A military commander of a unit who is a commissioned officer, shall likewise have the
authority to solemnize marriages in articulo mortis between persons within the zone of military operation,
whether members of the armed forces or civilians.
e. Any consul-general, consul or vice-consul. Marriages between Filipino citizens abroad may be solemnized
and the issuance of the marriage license and the duties of the local civil registrar and the solemnizing officer
with regard to the celebration of marriage shall be performed by said consular official.
f. Under the Family Code, governors, mayors and ambassadors are not authorized to perform marriages.
However, under the Local Government Code, mayors are now authorized to perform marriages within their
jurisdiction.
Take Note: Articulo Mortis means at the point of death.

2) Valid marriage license.

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

The following cases are exception from having a license:

a. Marriage in Articulo Mortis. In case either or both of the contracting parties are at the point of death, the
marriage may be solemnized without the necessity of a marriage license and shall remain valid even if the
ailing party subsequently survives.
b. Marriage in remote places. If the residence of either party is so located that there is no means of transportation
to enable such party to appear personally before the local civil registrar.
c. Marriage of people who have previously cohabited for at least 5 years. No license shall be necessary for the
marriage of a man and a woman who have lived together as husband and wives for at least five years and
without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an
affidavit before any person authorized by law to administer oaths.
d. Marriages between pagans or Muslims, who live in non—Christian provinces, and who are married in
accordance with their customs.

3) A marriage ceremony
It shall be held with the appearance of the contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the presence of not less than two witnesses.

Paternity and Filiations

Filiations is the civil status or relationship of the child to the father. The filiations of children may be by nature
or by adoption. Natural filiations may be legitimate or illegitimate while paternity is the civil status relationship of the
father to the child.
➢ FILIATION – the relationship of the child to his/her father
➢ PATERNITY – the relationship of the father to his child
➢ NATURAL FILIATIONS – the child may be legitimate or illegitimate (biological)
➢ ADOPTION – the child is adopted
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Kinds of children under Family Code

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

2. Illegitimate Child
• Children conceived outside the valid marriage.
Take Note: Under R.A. No. 9255, Illegitimate children may use the surname of their father if their filiation has been
expressly recognized by the father, either through:

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

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

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

What are the Types of Family?

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

MODELS OF FAMILY LIFE

1) Corporate Model

2) Team Model
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3) Military Model (They are disciplined family model)

4) Boarding Model (They treat their children as students)

5) Theatrical Model

RELATED PHILIPPINE LAWS AFFECTING CHILDREN

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

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

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

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

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

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

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

• R.A. 8552
An act establishing the rules and policies on the domestic adoption of Filipino children or also known as “Domestic
Adoption Act of 1998.”
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• R.A. 8043
An act establishing the rules to govern inter-country adoption of Flipino children or also known as “Inter- Country
Adoption Act of 1995.”

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

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

• REPUBLIC ACT No. 9523

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

SALIENT PROVISIONS OF PD 603

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

Special Categories of Children

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

2. Abandoned Child - one who has no proper parental care or guardianship, or whose parents or guardians have
deserted him for a period of at least six (6) continuous months.

Take Note: This provision was further amended by RA 9523 in which Abandoned Child may refer to a child who has
no proper parental care or guardianship, or whose parent(s) have deserted him/her for a period of at least three (3)
continuous months, which includes a foundling.

“Foundling” means an infant that has been abandoned by its parents and is discovered and cared for by others.

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

(a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A child is unattended
when left by himself/herself without proper provisions and/or without proper supervision.
(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited, overworked, or made to work
under conditions not conducive to good health; or is made to beg in the streets or public places; or when children
are in moral danger, or exposed to gambling, prostitution, and other vices.

I. Mentally Retarded Children

Mentally retarded children are:
1. socially incompetent;
2. mentally subnormal;
3. retarded intellectually from birth or early age;
4. retarded at maturity;
5. mentally deficient as a result of constitutional origin, through hereditary or disease, and
6. essentially incurable.

Classification of Mental Retardation

Mental Retardation is divided into four classifications:
1. Custodial Group. The members of this classification are severely or profoundly retarded, hence, the least capable
group. This includes those with I.Q.s to 25.
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2. Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about 50; one who belongs
to this group shows a mental level and rate of development which is 1/4 to 1/2 that of the average child, is unable to
acquire higher academic skills, but can usually acquire the basic skills for living to a reasonable degree.
3. Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age. Many of the educable
retardates may reach 5th or 6th grade educational level and can develop occupational skills which may result in partial
or complete economic independence in adulthood.

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

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

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

IV. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether functional or organic,
which is of such a degree of severity as to require professional help or hospitalization.

What is Parental Authority (Patria Potestas)?

Refers to the sum total of the rights of the parents over the person and property of their unemancipated child. The
exercise of which has no distinction between a legitimate and an illegitimate child.

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

SUBSTITUTE PARENTAL AUTHORITY

In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority
over the child in the order indicated:
(1) The surviving grandparent;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified. (PD 603 as amended by
EO 209 or The Family Code).

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

What is Parental Responsibility?

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

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

Classifications of Child and Youth Welfare Agencies

Public and private child welfare agencies providing encouragement, care, and protection to any category of
children and youth whether mentally gifted, dependent, abandoned, neglected, abused, handicapped, disturbed,
or youthful offenders, classified and defined as follows, shall be coordinated by the Department of Social
Welfare:
1. Child-caring Institution - one that provides twenty-four resident group care service for the physical, mental, social
and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or
disturbed children, or youthful offenders.
An institution, whose primary purpose is education, is deemed to be a child-caring institution when nine or
more of its pupils or wards in the ordinary course of events do not return annually to the homes of their parents or
guardians for at least two months of summer vacation.
 12

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

Take Note: “Detention Home” was amended by RA 9344 into “Youth Detention Home” defined as a 24-hour child-
caring institution managed by accredited local government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who
are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. And under RA 10630 “Youth
Detention Home” was amended into “Bahay Pag-Asa” which defined as a 24-hour child-caring institution
established, funded and managed by accredited local government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who
are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer
to other agencies or jurisdiction.

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

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

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

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

7. Rehabilitation Center - an institution that receives and rehabilitates youthful offenders or other disturbed children.

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

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

SALIENT PROVISIONS OF R.A. NO. 9262

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

A. Violence Against Women and their Children (VAWC)

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

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

• Sexual violence – refers to an act which is sexual in nature, committed against a woman or her child. It
includes, but is not limited to:
a. Rape , sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body,
forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child
 13

to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser;
b. Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm or coercion;
c. Prostituting the woman or child.

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

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

Battered Woman Syndrome

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

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

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

E. Sexual Relations
It refers to a single sexual act which may or may not result in the bearing of a common child.

F. Children
It refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as
defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other
children under her care.

What are the Acts of Violence Against Women and Their Children
The crime of violence against women and their children is committed through any of the following acts:
a. Causing physical harm to the woman or her child;
b. Threatening to cause the woman or her child physical harm;
c. Attempting to cause the woman or her child physical harm;
d. Placing the woman or her child in fear of imminent physical harm;
e. Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child
has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat
 14

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

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

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

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

Battered Woman Syndrome as a Defense

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

SALIENT PROVISIONS OF RA NO. 7610

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

Who is considered a child under R.A. No. 7610?

It refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves
or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical mental disability
or condition;
 15

What is child abuse?

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

What physical injury is considered as child abuse?

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

What psychological injury is considered as child abuse?

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

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

Children as Zones of Peace

Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors
concerned to resolve armed conflict in order to promote the goal of children as zones of peace. To attain this objective,
the following policies shall be observed:
a. Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any
a. form of threat, assault, torture or other cruel, inhumane or degrading treatment;
b. Children shall not be recruited to become members of the Armed Forces of the Philippines or its civilian units or other
armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;
c. Delivery of basic social services such as education, primary health and emergency relief services shall be kept
unhampered;
d. The safety and protection of those who provide services including those involved in fact-finding missions from both
government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the
performance of their work;
e. Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as
command posts, barracks, detachments, and supply depots; and
f. All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.
Rights of Children Arrested for Reasons Related to Armed Conflict
Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is
entitled to the following rights:
a. Separate detention from adults except where families are accommodated as family units;
b. Immediate free legal assistance;
c. Immediate notice of such arrest to the parents or guardian of the child; and
d. Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare
and Development or any responsible member of the community as determined by the court.
 16

Who May File a Complaint?

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

RA 9344 AND RA 10630 (1)

Salient Provisions of RA 9344 as amended by RA 10630

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

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

Terms used under RA 9344 and RA 10630

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

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

(d) “Child at Risk” refers to a child who is vulnerable to and at the risk of committing criminal offenses because of
personal, family and social circumstances, such as, but not limited to, the following:
1. being abused by any person through sexual, physical, psychological, mental, economic or any other means and the
parents or guardian refuse, are unwilling, or unable to provide protection for the child;
2. being exploited including sexually or economically;
3. being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;
4. coming from a dysfunctional or broken family or without a parent or guardian;
5. being out of school;
6. being a streetchild;
7. being a member of a gang;
8. living in a community with a high level of criminality or drug abuse; and
9. living in situations of armed conflict.
 17

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

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

(f) “Community-based Programs” refers to the programs provided in a community setting developed for purposes of
intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her
family and/or community.

(g) “Court” refers to a family court or, in places where there are no family courts, any regional trial court.

(h) “Deprivation of Liberty” refers to any form of detention or imprisonment, or to the placement of a child in conflict
with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to
leave at will by order of any judicial or administrative authority.

(i) “Diversion” refers to an alternative, child-appropriate process of determining the responsibility and treatment of a
child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings.

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

(k) “Initial Contact With-the Child” refers to the apprehension or taking into custody of a child in conflict with the
law by law enforcement officers or private citizens.

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

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

(n) “Law Enforcement Officer” refers to the person in authority or his/her agent as defined in Article 152 of the
Revised Penal Code, including a barangay tanod.

(o) “Offense” refers to any act or omission whether punishable under special laws or the Revised Penal Code, as
amended.

(p) “Recognizance” refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible
for the appearance in court of the child in conflict with the law, when required.

(q) “Restorative Justice” refers to a principle which requires a process of resolving conflicts with the maximum
involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation
of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated
into society. It also enhances public safety by activating the offender, the victim and the community in prevention
strategies.

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

(s) “Bahay Pag-asa” – refers to a 24-hour child-caring institution established, funded and managed by accredited local
government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-
 18

term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years
of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
Who shall operate the Bahay Pag-asa?
A multi-disciplinary team (halo halo) composed of a social worker, a psychologist/mental health professional,
a medical doctor an educational/ guidance counsellor and a Barangay Council for the Protection of Children
(BCPC) member and shall operate the Bahay Pag-Asa. The team will work on the individualized intervention
plan with the child and child’s family” (Section 2 of RA 10630).

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

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

RA 9344 AND RA 10630 (2)

STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

What is Juvenile Justice and Welfare Council (JJWC)

Under RA 9344, A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the
Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an
undersecretary of the Department of Social Welfare and Development. It shall ensure the effective
implementation of this Act and coordination among the following agencies:
• Department of Justice (DOJ);
• Council for the Welfare of Children (CWC);
• Department of Education (DepED);
• Department of the Interior and Local Government (DILG);
• Public Attorney’s Office (PAO);
• Bureau of Corrections (BUCOR);
• Parole and Probation Administration (PPA));
• National Bureau of Investigation (NBI);
• Philippine National Police (PNP);.);
• Bureau of Jail Management and Penology (BJMP);
• Commission on Human Rights (CHR);
• Technical Education and Skills Development Authority (TESDA);
• National Youth Commission (NYC); and
• Other institutions focused on juvenile justice and intervention programs.

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

Age of Criminal Responsibility and the Presumption of Minority

WHO ARE EXEMPTED?
• A child who is fifteen (15) years of age or under at the time of the commission of the offense (with or
without discernement, u are exempted)
• A child above fifteen (15) years of age but below eighteen (18) years of age if he or she acted without
discernment.

Take Note: However, both of them are required to undergo Intervention Program.
 19

*Be noted further that they are exempted only from criminal liability and not from civil liability. Take Note: Discernment
means the capacity of the child at the time of the commission of the offense to understand the difference between right and
wrong and the consequences of the wrongful act.

Determination of Age
The age of a child may be determined from the child’s birth certificate, baptismal certificate or any other
pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself,
testimonies of other persons the physical appearance of the child and other relevant evidence. In case of doubt as to the
age of the child, it shall be resolved in his/her favor.

Take Note: The child in conflict with the law shall enjoy the presumption of minority. He / She shall enjoy all the rights
of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older.

TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY

If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will
have an initial contact with the child, in consultation with the local social welfare and development (LSWD) officer,
has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the
child’s nearest relative. The child shall be subjected to a community-based intervention program supervised by the local
social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth
care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.

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

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

Take Note: Serious Crimes under this provision includes parricide, murder, infanticide, kidnapping and serious illegal
detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping
where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous
Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment.

INITIAL CONTACT WITH THE CHILD

Procedure for Taking the Child into Custody
From the moment a child is taken into custody, the law enforcement officer shall:
a. Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under
custody and the offense that he/she allegedly committed;
b. Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or
dialect understood by him/her;
c. Properly identify himself/herself and present proper identification to the child;
d. Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on
the child in conflict with the law;
e. Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless
absolutely necessary and only after all other methods of control have been exhausted and have failed;
f. Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her
apprehension;
g. Avoid violence or unnecessary force;
h. Determine the age of the child pursuant to Section 7 of this Act;
i. Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social Welfare
and Development Office or other accredited NGOs, and notify the child's apprehension. The social welfare and
development officer shall explain to the child and the child's parents/guardians the consequences of the child's act
with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if
appropriate;
 20

j.Take the child immediately to the proper medical and health officer for a thorough physical and mental examination.
The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever the
medical treatment is required, steps shall be immediately undertaken to provide the same;
k. Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters
separate from that of the opposite sex and adult offenders;
l. Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the apprehension and
the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical
examination or the failure to submit a child to such examination; and
m. Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or
guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement.

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

Duties during of Law enforcement officer and social worker during Initial Investigation
(yung naka highlights nalang aralin)

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

b. The taking of the statement of the child shall be conducted in the presence of the following: (1) child’s counsel of choice
or in the absence thereof, a lawyer from the Public Attorney’s Office; (2) the child’s parents, guardian, or nearest
relative, as the case may be; and (3) the local social welfare and development officer. In the absence of the child’s
parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be
conducted in the presence of a representative of an NGO, religious group, or member of the BCPC.

➢ incase na wala yung number 123, kukuha ng representative coming from the NGO, religious group or member ng
BCPC

c. The social worker shall conduct an initial assessment to determine the appropriate interventions and whether the child
acted with discernment, using the discernment assessment tools developed by the DSWD. The initial assessment shall
be without prejudice to the preparation of a more comprehensive case study report. The local social worker shall do
either of the following:

(a) Proceed in accordance with Section 20 (immediately release the child to the custody of his/her parents or guardian,
or in the absence thereof, the child’s nearest relative. Said authority The child shall give notice to be subjected to
a community-based intervention program supervised by the local social welfare and development officer who will,
unless the best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’
managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.) if the child is fifteen (15) years
or below or above fifteen (15) but below eighteen (18) years old, who acted without discernment; and

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

Diversion

System of Diversion
Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject
to the conditions herein provided:
As provided for under Section 24 of the Act, if the imposable penalty for the offense committed is not more than
six (6) years imprisonment, diversion may be implemented at the
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(a) katarungang pambarangay level, before the punong barangay

(b) police investigation stage, before the law enforcement officer
(c) preliminary investigation stage, before the prosecutor
(d) 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;
(e) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may
be resorted to only by the court.

Contract of Diversion
If during the conferencing, mediation or conciliation, the child voluntarily admits the commission of the act, a
diversion program shall be developed when appropriate and desirable. Such admission shall not be used against the
child in any subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be effective
and binding if accepted by the parties concerned. The acceptance shall be in writing and signed by the parties concerned
and the appropriate authorities. The local social welfare and development officer shall supervise the implementation of
the diversion program. The child shall present himself/herself to the competent authorities that imposed the diversion
program at least once a month for reporting and evaluation of the effectiveness of the program.

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

Factors in Determining Diversion Program

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

Kinds of Diversion Programs

The diversion program shall include adequate socio-cultural and psychological responses and services for the
child. At the different stages where diversion may be resorted to, the following diversion programs may be agreed upon,
such as, but not limited to:

(a) At the level of the Punong Barangay:

(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child’s family;
(7) Attendance in trainings, seminars and lectures on:
i. anger management skills;
ii. problem solving and/or conflict resolution skills;
iii. values formation; and
iv. other skills which will aid the child in dealing with situations which can lead to repetition of the
offense;
(8) Participation in available community-based programs, including community service; or
(9) Participation in education, vocation and life skills programs.

(b) At the level of the law enforcement officer and the prosecutor:
1. Diversion programs specified under paragraphs (a)(1) to (a)(9) mentioned above; and
2. Confiscation and forfeiture of the proceeds or instruments of the crime;
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(c) At the level of the appropriate court:

1. Diversion programs specified under paragraphs(a) and (b) above;
2. Written or oral reprimand or citation;
3. Fine:
4. Payment of the cost of the proceedings; or
5. Institutional care and custody.

Duty of the Prosecutor’s Office

There shall be a specially trained prosecutor to conduct inquest, preliminary investigation and prosecution of
cases involving a child in conflict with the law. If there is an allegation of torture or ill-treatment of a child in conflict
with the law during arrest or detention, it shall be the duty of the prosecutor to investigate the same.

Preliminary Investigation and Filing of Information

The prosecutor shall conduct a preliminary investigation in the following instances:
a) when the child in conflict with the law does not qualify for diversion
b) when the child, his/her parents or guardian does not agree to diversion; and
c) when considering the assessment and recommendation of the social worker, the prosecutor determines that diversion
is not appropriate for the child in conflict with the law.

Take Note: Upon determination of probable cause by the prosecutor, the information against the child shall be filed before
the Family Court within forty-five (45) days from the start of the preliminary investigation. The information must allege
“that the child acted with discernment.”

Automatic Suspension of Sentence

Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found
guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from
the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in
conflict with the law under suspended sentence, without need of application. Upon suspension of sentence and after
considering the various circumstances of the child, the court shall impose the appropriate disposition measures as
provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

Discharge of the Child in Conflict with the Law

Upon the recommendation of the social worker who has custody of the child, the court shall dismiss the case against
the child whose sentence has been suspended and against whom disposition measures have been issued, and shall order the
final discharge of the child if it finds that the objective of the disposition measures have been fulfilled.
Take Note: The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission
of the offense, which shall be enforced in accordance with law.

Return of the Child in Conflict with the Law to Court

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

Take Note: If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence,
the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or
to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one
(21) years.

Probation as an Alternative to Imprisonment

The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application
at any time, place the child on probation in lieu of service of his/her sentence taking into account the best interest of the
child.
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Offenses Not Applicable to Children

Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and
prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing
of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on
the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and treatment program.

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

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

The following persons may not adopt

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

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

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

The following may not be adopted

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

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

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

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

LEGITIME

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

PARENTAL AUTHORITY
PARENTAL AUTHORITY (PATRIA POTESTAS) is the mass of rights and obligations which parents have in
relation to the person and property of their children until their emancipation, and even after under certain circumstances.

CHARACTERISTICS OF PARENTAL AUTHORITY:

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

SUSPENSION OF PARENTAL AUTHORITY: CHOBA

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

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

GROUNDS FOR THE PERMANENT TERMINATION OF PARENTAL AUTHORITY:

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

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

LIABILITY OF PARENTS FOR TORTS COMMITTED BY THEIR MINOR CHILDREN:

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