CRIMSOC 5

JUVENILE
DELINQUENCY AND
JUVENILE JUSTICE
SYSTEM
PREPARED BY:
JENNISA N. GACO, RCRIM
 MODULE 1:
INTROUCTION
TO
JUVENILE
DELINQUENCY
 JUVENILE
A child or a young person, below
the age of maturity, that is below
eighteen years old.
 DELINQUENT
One who is committed an offense that
violated the approved norms of
conduct .

Term for CHILDREN

JUVENILE DELINQUENCY
Used to describe a large number of
disapproved behavior of children and
youths
Act committed by MINORS
YOUTHFUL OFFENDER
Refers to a youth who is found guilty
by the court for the commission of an
offense after his 9th but before his
18th birthday
PARENTAL AUTHORITY
It includes the rearing (look after) and
caring of children for civic
consciousness and efficiency and the
development of their moral, mental,
physical character and well-being.
 AGE OF MAJORITY
Commences at the age of 18 years old

RA 6809
The law amending to lowered the age
of majority from 21 to 18 years old
- APPROVED ON DECEMBER 13, 1989
 LESSON 1:
CONCEPT
OF
JUVENILE
DELINQUENCY
 STAGES OF
DELIQUENCY
EMERGENCE (8-12)
The child begins with
petty larceny between
and sometimes
during the 12 year
th
EXPLORATION (12-14)
The child move on to
shoplifting and vandalism
between ages 12 to 14
 EXPLOSION (13-up)
At the age of 13, substantial
increase in variety and
seriousness (of act)
CONFLAGRATION
(15-UP)
And at the age of 15,
four or more types of
crime are added
 OUTBURST
Those who continue on
adulthood will progress
into more sophisticated
or more violent forms of
criminal behavior
 YEAR 1800s
If a juvenile committed a crime, they
were punished the SAME WAY in which
an adult would be punished.
The ideology of treating juveniles the
same as adults all stemmed from the
ENGLISH COMMON LAW.
 SAVING OUR CHILDREN
The 1800s was the beginning of the Child
Saving Movement. With the creation of this
movement, the child savers focus was to create
programs that focused on reforming juveniles.
To accomplish this, the New York House of
Refuge was instituted in 1825. The idea behind
this institution was to take those juveniles who
were considered at risk on the streets and
reform them into a setting that was conducive
to them, which was usually in a family like
setting.
 JUVENILE COURT
In 1899, the 1st Juvenile Court was established
in Illinois.
The development of the juvenile court was to
allow for it to have jurisdiction over any child
under the age of 16 who was guilty of violating
the law, providing care to those children who
were being neglected, and to ensure the
separation of juvenile and adult offenders.
JUVENILE COURT ACT OF
1899
was a major movement in Juvenile Justice
System.
How juveniles were punished for crimes in
which they committed, was a lot different
than the punishment handed down to adult
offenders.
JUVENILE JUSTICE SYSTEM
The concept behind the Juvenile Justice
System was to allow youths to admit to their
guilt and focus on rehabilitating the juveniles
not through punishment but rather by
identifying what the needs of the youth was
and finding a solution for their problem.
 YEAR 1960
The Supreme Court decided juveniles should
have the “right to due process”.
This would mean they would have the same
rights as that of an adult offender to include,
the right to confront their witness, the right
to counsel and formal notice of the charges
against them.
DELINQUENCY in GENERAL
Refers to any action; course or conduct that
deviates from acts approved by the majority
of people.
It is a description of those act that do not
conform to the accepted rules, norms and
mores of the society.

DELINQUENCY, therefore, is a general term

for any misconduct or misbehavior that is
tantamount to FELONY or OFFENSE.
CONCEPT OF PARENS PATRIAE
It can be traced to medieval
England. Parens Patriae provided
the legal foundation for the state to
intervene in families to protect
children.

“Not all youths are equally

susceptible to becoming
delinquents”
The FIVE LEVELS of concern that
represent shortcomings in the lives
of delinquents are:
1. Child
2. Family
3. School
4. Peer Group
5. Community
PSYCHOPATHOLOGY
Also called “abnormal psychology”,
the study of mental disorders and
unusual or maladaptive behaviors.
An understanding of the genesis of
mental disorders is critical to
mental health professionals in
psychiatry, psychology, and social
work.
INDIVIDUAL VIEWS
OF DELINQUENCY:
CHOICE AND TRAIT
 CHOICE THEORY
Maintains that delinquency is
rational and can be prevented by
punishment that is sufficiently
severe and certain.
Delinquents who choose crime
must evaluate the characteristics of
a target to determine its suitability.
ROUTINE ACTIVITY
THEORY
Suggest that delinquent acts are a
function of motivated offenders,
lack of capable guardians and
availability of suitable targets.
GENERAL DETERRENCE
MODELS
Based on the fear of punishment. If
punishments are severe, swift, and
certain, then would-be delinquents
would choose not to risk breaking
the law.
Serve as a WARNING to the public
SPECIFIC DETERRENCE
MODELS
Aims at reducing crime through the
application of severe punishments.
Once offenders experience these
punishments they will be unwilling
to repeat their delinquent
activities.
Serve as a LESSON to the offender
itself
TRAIT THEORIES:
BIOSOCIAL AND
PSYCHOLOGICAL
VIEWS
 According to PSYCHODYNAMIC
THEORY, unconscious motivations
developed early in childhood propel
some people into destructive or
illegal behavior. Behaviorists view
aggression as a learned behavior.
Some learning is direct and
experiential OBSERVATIONAL, such
as watching TV and movies. A link
between media and violence has
not been proven.
 COGNITIVE THEORY stresses
knowing and perception. Some
adolescents have a warped view of
the world. There is evidence that
kids with abnormal or antisocial
personalities are delinquency-
prone. Although some experts find a
link between intelligence and
delinquency, others dispute any
linkage between IQ level and law-
violating behaviors.
 CHOICE THEORY
It suggests that juvenile offenders
are rational decision makers who
choose to engage in antisocial
activity because they believe their
actions will be beneficial. The 1st
formal explanation of crime held
that human behavior was a matter
of personal choice and freewill.
 CHOICE THEORY
CESARE BECCARIA and JEREMY
BENTHAM argued that people weigh
the consequences of their actions
before deciding on a course of
behavior which is called the
CLASSICAL THEORY. So in order to
deter crime, the pain of
punishment must outweigh the
benefit of illegal gain.
 DELINQUENCY
APPROACH
There is a positive correlation between
delinquency and mental deficiency which is
empirically established. The average
intelligence quotient of delinquent boys is
considered slightly less than that of non-
delinquent boys. But otherwise it is criticized
for having regarded IQ the only measurable
instrument of delinquency because
intelligence some extent depends on the
social environment.
XXY CHROMOSONAL ABNORMALITY
APPROACH
X chromosome: FEMALE
Y chromosome: MALE

The Male have XY and female have XX chromosomes.

The XY Y theory is concerned about the male who has
an extra Y chromosome, a super male with aggressive
tendencies in the possible criminal behavior. It is
indicated that XY Y male is more introverted and has
more a social attitude than that of the rest of the
population. He has tendency towards HOMOSEXUALITY
and AGGRESSIVENESS. But the casual relationship
between in the presence of XY Y syndrome and criminal
behavior is still needs to be experimentally established.
XXY CHROMOSONAL ABNORMALITY
APPROACH
23 chromosomes: FEMALE
23 chromosomes: MALE

Humans have 23 pairs of chromosomes, for a TOTAL

of 46 chromosomes.
 The SOCIOLOGISTS argue that the
behavior is NOT inherited rather it is LEARNED
and is CONDITIONED by the environment.
 FAMILY AND DELINQUENCY
It is always viewed that FAMILY is the most important
social institution which determines the individual
behavior towards society for the simple reason that the
formation of basic personality of a child is completed in
the first 10 or 12 years of his life and it is pertinent a
fact that the family impact in this period is almost
exclusive.

FAMILY: is the CRADLE of human personality

 FAMILY AND DELINQUENCY
Twenty seven inadequate affection , either actual or as
perceived by the child , is affection , either actual or as
perceived by the child , is regarded as an important
contributory factor in developing ANTISOCIAL ATTITUDE.

Also considered that LACK OF AFFECTION may be due

to various reasons like disharmonious relationship
between parents and other members of family, so to say
the broken homes.
In fact in one of the earliest studies followed by Gluck’s
in 1950 found that incidence of BROKEN HOMES is more
among delinquents rather than non- delinquents and
delinquent boys are deprived of affection by their
parents and siblings.
 LESSON 2:
THE FAMILY
AND
DELINQUENCY
(4) TYPES OF DELINQUENT YOUTH

1. SOCIAL: aggressive youth who recent the

authority of anyone who make an effort to
control his behavior

2. NEUROTIC: he has internalize his conflicts

and pre-occupied with his own feelings
(4) TYPES OF DELINQUENT YOUTH

3. ASOCIAL: his delinquent act have a cold,

brutal, furious, quality for which the youth
feels no remorse
4. ACCIDENTAL: he is less identifiable in
character, essentially sociable and law
abiding… BUT it happens that he is in the
wrong place at the wrong time and
becomes involve in some delinquent act not
typical to his general behavior
 TYPES OF
DELINQUENTS
IN GENERAL
1. OCASSIONAL DELINQUENTS
 delinquents participated in a group,
characterized by occasional law-
breaking
2. GANG DELINQUENTS
 Generally, commits the most serious
infractions
 Semi-criminal behavior as an adult
3. MALADJUSTMENT
DELINQUENTS
 Asocial
 Weak ego
 poor personal relations and suffer
general social isolation
 Characterized by serious emotional
disturbances within the individual and
in some cases associated with
tendencies towards mental illness
CLASSIFICATION
OF
DELINQUENTS
1. UNSOCIALIZED AGGRESSION

Rejected or abandoned
No parents to imitate
become aggressive
2. SOCIALIZE AGGRESSION

Membership of fraternities or groups

that advocate bad things
3. OVER- INHIBITED

Group secretly trained to do illegal

activities, like marijuana cultivation
 WHAT IS
STATUS
OFFENSE?
 STATUS OFFENSE
Certain acts or omissions which
may not be punishable socially or
legally if committed by adults but
become anti- social or illegal because
the offender is a minor.
 CATEGORIES OF
STATUS OFFENSES
1. TRUANCY
Repeated or habitual unreasonable
absenteeism from school by any
juvenile subject to compulsory
education laws.
2. Use of PROFANE LANGUAGE

3. RUNNING AWAY from home

4. Smoking and drinking

ALCOHOL BEVERAGES:
Repeated possession and or consumption
of intoxicating beverages by a juvenile.
5. DISOBEDIENCE to parents,
guardians or school official

6. BEGGING in the streets

7. ASSOCIATION with delinquent

gangs
 LESSON 3:
CAUSATION
OF
JUVENILE
DELINQUENCY
(FAMILY AND DELINQUENCY)
A. CHILD’S BIRTH ORDER IN
THE FAMILY
Birth order affects the delinquent
behavior with delinquency more likely
among middle children than 1st or last
children
B. FAMILY SIZE
Parents in larger families tend to have
more difficulty disciplining and
supervising their children than do
parents with smaller families
C. QUALITY OF HOME LIFE
poor family home life, measured by
marital adjustment and harmony within
the home, affects the rate of
delinquent behavior among children
more than whether or not the family is
intact.
OTHER CAUSES OF
JUVENILE
DELINQUENCY
1. FAMILY REJECTION
 parental rejection leads to
delinquent behavior (juvenile)
2. DISCIPLINE IN THE HOME
 inadequate supervision and
discipline leads to delinquent
behavior (juvenile)
3. BROKEN HOME
 separation of parents
 also includes the presence of both
parents yet they are irresponsible
that children experience constant
quarrel at home
 TEENAGE PREGNANCY
(UNWED/ UNMARRIED)
more likely to experience NEGATIVE
health conditions in the relationship
of a mother to a child.
 CHILDREN who are raised
by SINGLE MOTHERS
The teenage mother has to leave
schools and find job to support her
child
 WHAT THE
CHILDREN NEED THE
MOST TO REDUCE
DELINQUENCY?
PARENTAL
ATTACHMENT
PARENTAL ATTACHMENT
 it is something children can’t afford
to LOSE
 The GOOD RELATIONSHIP in the
family, the attachment of the
parents to their children will lead to
children to RESPECT his/her parents
and will STAY out of TROUBLE
 MODULE 2:
NATURE AND
EXTENT OF
JUVENILE
DELINQUENCY
 LESSON 1:
SPECIAL
CATEGORIES
OF CHILDREN
 NEGLECT
VS
PHYSICAL ABUSE
(CHILDREN)
NEGLECT
 FAILURE to act
 FAILURE to attend/provide
care and basic needs
(physical, educational,
emotional and even
medical needs) of children
PHYSICAL ABUSE
 ACT excessively
 Children experienced VIOLENCE
and MALTREATMENT.
OTHER EXTERNAL
FACTORS OF
JUVENILE
DELINQUENCY
1. SOCIAL DEGRADATION
 Breakdown of social control
(bond) among the traditional
primary groups, such as the
family and neighborhood.
2. POVERTY
 Most delinquents come from families
below the POVERTY LINE.
 Children experience FRUSTRATIONS
that pushes him to become
DELINQUENTS just to satisfy his/her
desire for the things he/she wants
to ACQUIRE/ POSSESS.
3. INFLUENCE OF MEDIA
 Moral values of a child had gone
down to a VERY LOW LEVEL brought
by the proliferation (rapid increase)
of BOLD films or PORNOGRAHIC
scenes and VIOLENCE exhibited in
TV , movie pictures through medias.
PEER GROUP
VS
GANGS
PEER GROUP
 Social group with SIMILAR interest
 That may influence someone’s
beliefs, behavior, attitude and
characteristics

“During ADOLESCENCE, peer groups

tend to face DRAMATIC changes”
 WHAT IS
ADOLESCENCE?
TRANSITION stage between
CHILDHOOD and
ADULTHOOD
GANGS
 a FRIENDSHIP GROUP of
adolescents who share common
interest, with more or less clearly
defined territory (where most of
the members live)
 They set fights that occurs mostly
in school and streets
CHARACTERISTICS
OF A GANG
1. ORGANIZATION
2. LEADERSHIP
 Established LEADERS that is
usually OLDER, BOLDER and
STRONGER
3. TURF
 Crossing neighborhood territory
 Entering another gang’s territory

4. COHESIVENESS
 Share privacies to one another
to build trust to each other
(delinquent acts)
QUESTION: WHAT IS
THE PURPOSE OF
GANG?
“COMMITTING
OFFENSE”
 DIFFERENT
APPROACH
TOWARD
DELINQUENCY
1. BIOGENIC APPROACH
It 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/ her
body structure and temperament
pattern have produced the law
breaking.
1. BIOGENIC APPROACH

“ People become delinquent base on

his/ her heredity”
2. PSYCHOGENIC APPROACH
It views that the offender behaves
as he/ she 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.
2. PSYCHOGENIC APPROACH

“People become delinquent

because of their personality
disorder”
- There is something wrong with
their characters, most especially
the manner how they behave.
3. SOCIOGENIC APPROACH
It 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.
3. SOCIOGENIC APPROACH

“People become delinquent base

on the influences on the society”
THEORIES OF
SCHOOL
DELINQUENCY
1. CULTURAL DEVIANCE THEORY
 Argues that children learn deviant
behavior socially through EXPOSURE
to others

2. STRAIN THEORY
 Because of FRUSTRATION it results
to entering illegitimate activities
and denied legitimate access to
acquire goals.
3. SOCIAL CONTROL THEORIES
 Argue that delinquency varies
accordingly to the strength of a
juvenile to social order

4. LABELING THEORIES
 Argue that STUDENTS are labeled as
AGGRESSIVE, difficult to manage, or
slow learners at an early stage in
school may be put into a slow track
for the remainder of their schooling.
 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

STATUS OFFENSES
Refers to the TOTALITY of the circumstances
and condition which are MOST
CONGENIAL(well-suited) to the SURVIVAL,
PROTECTION and FEELING of SECURITY of
the child and most encouraging to the
child’s PHYSICAL, PSYCHOLOGICAL and
EMOTIONAL development. It also means the
least detrimental (harmful) available
alternative for safeguarding the growth and
development of the child.

BEST INTEREST OF THE

CHILD
 KNOWN AS
“THE CHILD AND
YOUTH WELFARE
CODE”

PD 603
 LESSON 3:
IMPORTANT
PROVISIONS
OF PD 603
 “THE CHILD AND YOUTH WELFARE CODE”

PD 603
ARTICLE 1
“CHILDREN is one of the MOST
IMPORTANT assets of the NATION”

BEST INTEREST OF
THE CHILD
 “THE CHILD AND YOUTH WELFARE CODE”

PD 603
APPROVED on:
DECEMBER 10, 1974
EFFECTIVITY DATE:
JUNE 10, 1975 (6 MONTHS
AFTER THE APPOVAL)
 “THE CHILD AND YOUTH WELFARE CODE”

PD 603
Shall apply ONLY to a persons
UNDER 18 years of age
 “THE CHILD AND YOUTH WELFARE CODE”

PD 603
SCOPE:
“SHALL APPLY to persons BELOW
21 years of age EXCEPT those
EMANCIPATED (law)”

CHILD/YOUTH/MINOR
 “THE CHILD AND YOUTH WELFARE CODE”

PD 603
ARTICLE 3
(RIGHTS OF THE CHILD)
ARTICLE 4
(RESPONSIBILITIES OF THE CHILD)
“THE CHILD AND YOUTH WELFARE CODE”

PD 603
JOINT PARENTAL
AUTHORITY
“both PARENTS shall exercise
jointly just and reasonable
parental authority and
responsibility over their child
(legitimate/ adopted)”
 IN CASE OF THE
ABSENCE/DEATH OF EITHER
PARENT, WHO SHALL
CONTINUE TO EXERCISE THE
PARENTAL AUTHORITY OVER
THE CHILD?

SURVIVING PARENT
IN CASE OF SEPARATION OF
HIS PARENT, WHO SHALL
CONTINUE TO EXERCISE
THE PARENTAL AUTHORITY
OVER THE CHILD?

MOTHER (child under 7 years

of age ) UNLESS the court finds
compelling reasons not to.
 SHOULD THE
GRANDPARENTS CAN
INTERFERE IN EXERCISING
OF PARENTAL AUTHORITY
OVER THE CHILD?

NO, only for CONSULTATION

on FAMILY QUESTIONS
 IN CASE OF THE
ABSENCE/DEATH OF BOTH
PARENTS, WHO SHALL
CONTINUE TO EXERCISE
THE PARENTAL AUTHORITY
OVER THE CHILD?
 GRANDPARENTS
 OLDEST BROTHER/SISTER (who
at least 18 years of age)
 RELATIVE (who has ACTUAL
custody of the child)
 GUARDIAN appointed by the
Court (any relative or DSWD)
 IN CASE THE CHILD IS
DEPENDENT , ABANDONED
OR NEGLECTED, WHO
SHALL CONTINUE TO
EXERCISE THE PARENTAL
AUTHORITY OVER THE
CHILD?
 A SUITABLE or
ACCREDITED PERSON or
INSTITUTION
 INTERVENTION OF
DSWD
DSWD shall intervene on behalf of
the child if it finds, after its a case
study, that the petition for
guardianship or custody should be
denied
 WHAT IS A CASE
STUDY?
A duty of DSWD submitting reports
and recommendations of a CHILD
who is subject of guardianship or
custody proceedings for its
guidance.
 WHAT IS A
DEPENDENT,
ABANDONED AND
NEGLECTED CHILD?
 WHAT IS A DEPENDENT
CHILD?
DEPENDENT CHILD
 who is WITHOUT parent,
guardian, custodian
 dependent upon the public for
support
 WHAT IS AN ABANDONED
CHILD?
ABANDONED CHILD
 no proper parental care or guardianship
 his/her parents ABANDONED him for a
period of at least 6 continous months
(PD 603)
 3 continous months
(RA 9523) – law amending the laws
on adoption
provides certification (DSWD) availability for adoptation
 WHAT IS A NEGLECTED
CHILD?
3. NEGLECTED CHILD
 whose basic needs have been
deliberately unattended to or
inadequately attended to.

a) PHYSICAL NEGLECT
b) EMOTIONAL NEGLECT
COMMITMENT OR SURRENDER
OF A CHILD
 legal act of ENTRUSTING a CHILD to the
care of the Dept. 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, continous 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 Dept. or any duly
Licensed Child Placement or Child - Caring
Agency or individual
CHILD-PLACING/ CHILD
PLACEMENT AGENCY
VS
CHILD- CARING AGENCY
 CHILD- PLACING/ CHILD
PLACEMENT AGENCY
 refers to a private non-profit institution or
Government Agency duly Licensed and
Accredited by the Dept. to provide
comprehensive CHILD WELFARE
SERVICES, including but not limited to
receiving application for ADOPTION or
foster care, evaluating the perspective
adoptive or foster parents and preparing
the home study report

PERMANENT
CHILD- CARING AGENCY
 refers to a private non-profit
institution or Government Agency
duly Licensed and Accredited by the
Dept. that provides 24 HOUR
residential care services for
abandoned, orphaned, neglected,
involuntarily/ voluntarily committed
children.

TEMPORARY
 GUARDIAN AD
LITEM,
IN LOCO PARENTIS,
AND
PARENS PATRIAE
 PARENS PATRIAE
Legal doctrine establishing “Parental
Role” of state over welfare of its
citizen, especially its children.
 PARENS PATRIAE
It simply states that State had the right
to benevolently intervene in the care
and custody over the child.
“the state shall BECOME the PARENTS
of the child”
PARENS PATRIAE
“FATHER of the country”
STATE is the FATHER
GUARDIAN AD LITEM
Phrase meaning “For the Proceeding”
referring to adults who look after the
welfare of a child and represents their legal
interest.
GUARDIAN AD LITEM
A court appointed attorney who protects
the BEST INTEREST OF THE CHILD in cases
involving the child welfare
 IN LOCO PARENTIS
They are in-place of parents who has
given a temporary parental authority
over the child.
“serve as the SECOND
PARENT/GUARDIAN of the child”
 CAUSES OF
BEHAVIORAL
DISORDER
 PREDISPOSING FACTORS
Inclinations or inherited propensities ,
which cannot be considered a criminal
one unless there is a probability that a
crime will be committed

“INHERITED”
 PRECIPITATING FACTORS
Refers to conditions and elements which
provokes crimes or factors that are
signified to the everyday adjustments of an
individual, like personal problems,
necessities, imitation, curiosity, ignorance
and diseases

“NOT INHERITED”
“INFLUENCE OF SOCIETY”
 QUESTION: It refers to the MENTAL

CAPACITY to UNDERSTAND the difference

between what is RIGHT and WRONG and its

CONSEQUENCES.

DISCERNMENT
 WHAT ARE THE LAWS
GOVERNING JUVENILES?
 PD 603: The Child And Youth
Welfare Code
 RA 9344: Juvenile Justice Welfare
Act of 2006
RA 10630: An act strengthening the
Juvenile Justice System
in the Philippines,
amending for the
purpose of RA 9344
 MODULE 3:
THE
REPUBLIC ACT
NO. 10630
 LESSON1:
SALIENT PROVISIONS OF
RA 10630

WHAT IS BAHAY PAG-ASA?

A 24-hour child-caring institution
established funded and managed by LGU
or accredited NGO.
 SALIENT PROVISIONS
OF RA 10630

ESTABLISHMENT OF
BAHAY PAG-ASA
Each province and highly-urbanized city
shall be responsible for building, funding
and operating a “Bahay pag-asa” within
their jurisdiction following will be set by
the DSWD and adopted by the JJWC.
 SALIENT PROVISIONS OF RA
10630
ROLE OF BAHAY PAG-ASA

Providing short term residential care for

children or CICL who are above 15 but
below 18 years of age who are awaiting
court disposition of their cases or transfer
to other agencies or jurisdiction.
 SALIENT PROVISIONS OF RA
10630
WHAT KIND OF CICL IS HOUSED IN
BAHAY PAG-ASA?

CICL who have committed a serious

crimes, repeat offenses, and have been
found to be abandoned, neglected or
abused by parents or guardian.
 SALIENT PROVISIONS OF RA
10630
INTERVENTION AND ASSISTANCE TO THE
VICTIM OF THE OFFENSE COMMITTED AND
FAMILY OF THE CICL AND VICTIM

Provide assistance and by LSWDO and

DSWD to the victim and family of the CICL
and the parents of the child who
committed an offense.
 SALIENT PROVISIONS OF RA
10630
INTERVENTION AND ASSISTANCE TO THE
VICTIM OF THE OFFENSE COMMITTED AND
FAMILY OF THE CICL AND VICTIM

The parents of the CICL may be required

by the law to undergo counseling
AGE OF CRIMINAL
RESPONSIBILITY
 Question:
What is the age of
ABSOLUTE Criminal
irresponsibility in the
Revised Penal Code
(RPC)?
Answer:
The age of absolute
irresponsibility is below
9 years of age (RPC)
 Question:
What is the minimum age
of criminal irresponsibility
in RA 9344? (Special law)
Answer:
A child fifteen (15) years of age at the time

of the commission of the offense shall be

exempt from criminal liability if not acted

with discernment.
 It is the AGE when a child who
is above 15 years old but below
18 years of age commits an
offense acted WITH
DISCERNMENT.
AGE OF CRIMINAL
RESPONSIBILITY
SEC 6, RA 9344
 WHAT IS A TCR?
Total Criminal
Responsibility
(18 years old-above)
 WHAT IS A CCR?

Conditional Criminal
Responsibility
(15-18 years old , acted
WITH discernment)
 WHAT IS A TCI?
Total Criminal
Irresponsibility
15 years old & below:
EXEMPTED
12 – 15 years old
REPEATS (SERIOUS
OFFENSE)
 Question:
What will happen to the Child
who committed an offense if
exempt from criminal liability
and not acted with
discernment?
Answer:
The child shall be
subjected to
INTERVENTION Program
 Question:
What is INTERVENTION?
Answer:
INTERVENTION refers to a
series of activities designed
to address issues that
caused the child to commit
an offense
 Question:
What are the example of
INTERVENTION Program?
Answer:
Counseling, Skills training,
Education and other activities
that will enhance the
psychological/emotional/
psycho-social well being of the
child.
 Question:
What will happen to a
child who committed a
crime acting with
discernment?
Answer:
If the offense committed has
an impossible penalty of MORE
THAN SIX YEARS of
imprisonment, the law
provides that the child shall
undergo court proceedings.
 Question:
What will happen if the
child was brought to court
and undergo a court
proceedings?
Answer:
The child may be placed under
SUSPENDED SENTENCE if found
GUILTY and subject to
rehabilitation program instead
of pronouncing judgment of
CONVICTION
 Question:
What will happen if the
child reach the age of
responsibility (18 years old)
while under SUSPENDED
SENTENCE?
Answer:
The court shall determine whether
to discharge the child or to extend
the suspended sentence for a
certain specific period or until the
child reaches the maximum age of
(21) years old.
Question:
Is there any chance that
the child under
SUSPENDED SENTENCE
be put to jail?
Answer:
If the court finds that the objective of the
disposition (Suspended Sentence)
measures imposed upon the child in
conflict with the law HAVE NOT BEEN
FULFILLED, or the child in conflict with the
law has WILLFULLY failed to comply with
the conditions of his/her rehabilitation
program, the child in conflict with the law
SHALL BE BROUGHT BEFORE THE COURT
FOR EXECUTION OF JUDGMENT.
 Question:
Is there any alternative
measures on Children in
conflict with the law (CICL) who
committed an offense with
DISCERNMENT?
Answer:
The DIVERSION PROGRAM,
if child is qualified.
(Less than 6 years of
penalty)
 Question:
What is Diversion
program?
Answer:
It refers to an ALTERNATIVE
PROCESS in determining the
responsibility and treatment of
children in conflict with the law
without resorting TO FORMAL
COURT PROCEEDINGS.
 Question:
What are the kinds
of diversion
program?
Answer:
 AT THE LEVEL OF PUNONG
BARANGAY:
Restitution of property
Reparation for damage caused
Indemnification for
consequential damage
Written or Oral apology
Answer:

 AT THE LEVEL OF LAW

ENFORCEMENT OFFICER AND
THE PROSECUTOR :
Confiscation and forfeiture of
the proceeds or instruments of a
crime
Answer:
 AT THE LEVEL OF APPROPRIATE
COURT
Written or Oral Reprimand or
Citation
Fine
Payment of the cost of proceedings
Institutional care and custody
 FACTORS IN DETERMINING
DIVERSION PROGRAM
Nature and circumstances of offense
Frequency and severity of act
Circumstances of child
Influence of family and environment
Reparation of injury to the victim
Evidence against the child
Safety of community
Best interest of the child
 TREATMENT OF
CHILDREN BELOW THE
AGE OF CRIMINAL
RESPONSIBILITY
 Question:
What is the appropriate
treatment for Child in
Conflict with the law?
Answer:
If it has been determined that the
child taken into custody if fifteen (15)
years old or below, the authority
which will have an INITIAL CONTACT
WITH THE CHILD has the duty to
IMMEDIATELY RELEASE the child to
the custody of his/her parents or
guardian or in the absence thereof.
The child’s nearest relative.
 Question:
What if the parents,
guardian or nearest relative
cannot be located or they
refuse to take custody?
Answer:
The child may be released to any of the
following:
 Duly registered non-governmental or
religious organization
A Barangay official or member of the
Barangay Council for the protection of
children
A local Social Welfare and Development
Officer
 PROCEDURE IN TAKING THE CHILD
IN CUSTODY
 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.

 Properly identify himself/herself and present

identification

 Inform the child of his/her constitutional rights

 Refrain from using vulgar or profane language words

and from sexually advances on the CICL.
 PROCEDURE IN TAKING THE CHILD
IN CUSTODY
 Avoid displaying or using firearms, weapon,
handcuffs or other instruments of restraint unless
necessary.

 Refrain from subjecting the CICL to greater restraint

than is necessary for his/her apprehension.

 Avoid violence and unnecessary force

 Determine the age of the child

 PROCEDURE IN TAKING THE CHILD
IN CUSTODY
 Immediately but not later than eight (8) hours after
apprehension, turn over the custody of the child to the
SOCIAL WELFARE AND DEVELOPMENT OFFICE or other
accredited Non-Governmental organizations, and notify
the parents/guardians.

 Take the child immediately to the proper medical and

health officer for thorough physical and mental
examination
 Ensure that should detention of the CICL be necessary,
the child shall be secured in quarters separate from that
of the opposite sex and adult offenders.
 Question:
What if the age of the
child cannot be
determine?
Answer:
The CICL shall enjoy the
presumption on minority. He/she
shall enjoy all the rights of a CICL
until he/she is proven to be
eighteen (18) years older.
 Question:
What if someone
contesting the age of
CICL?
Answer:
They may file a summary
proceeding for the determination
of the age before the FAMILY
COURT which shall be decide
within twenty four (24) hours
from receipt of the appropriate
pleadings of all interested parties.
 PROCEDURE IN CONDUCTING INITIAL
INVESTIGATION IN CHILDREN IN CONFLICT WITH
THE LAW
(a) Record the following in initial investigation:
 Whether handcuffs or other instrument of restraint
were used, and if so, the reason for such.

 That the parents guardian of a child, the DSWD and the

PAO have been duly informed of the apprehension and
the details thereof.

 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.
 PROCEDURE IN CONDUCTING INITIAL
INVESTIGATION IN CHILDREN IN CONFLICT WITH
THE LAW

(b) 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.
 Question:
What if there is an absence of the
child’s parent, guardian, nearest
relative and local social welfare
and development officer. Who
shall witness the investigation of
the CICL?
Answer:
The investigation shall be conducted
in the presence of a representative of
an NGO, Religious group or a member
of BARANGAY COUNCIL FOR THE
PROTECTION OF CHILDREN (BCPC)
 Mentally Retarded, Physically
Handicapped, Emotionally Disturbed
and Mentally Ill Children
Article 168. Mentally Retarded Children -
Mentally retarded children are (1) socially
incompetent, that is, socially inadequate and
occupationally incompetent and unable to manage
their own affairs; (2) mentally subnormal; (3)
retarded intellectually from birth or early age; (4)
retarded at maturity; (5) mentally deficient as a
result of constitutional origin, through hereditary or
disease, and (6) essentially incurable.

(PD 603)
 Mentally Retarded, Physically
Handicapped, Emotionally Disturbed
and Mentally Ill Children
ARTICLE 169. CLASSIFICATION OF
MENTAL RETARDATION
Mental Retardation is divided into four
classifications:

1. CUSTODIAL GROUP. The members of

this classification are severely or profoundly
retarded, hence, the least capable group. This
includes those with I.Q.s to 25.
 Mentally Retarded, Physically
Handicapped, Emotionally Disturbed
and Mentally Ill Children

2. TRAINABLE GROUP. The members of this

group consist of those with I.Q.s from about 25 to
about 50; one who belongs to this group shows a
mental level and rate of development which is 1/4
to 1/2 that of the average child, is unable to acquire
higher academic skills, but can usually acquire the
basic skills for living to a reasonable degree. He can
likewise attain a primary grade level of education if
he receives effective instruction.
 Mentally Retarded, Physically
Handicapped, Emotionally Disturbed
and Mentally Ill Children

3. EDUCABLE GROUP. This group's I.Q. ranges from

about 50 to about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child
of the same chronological age. The degree of success or
accomplishment that they will reach in life depends very
much on the quality and type of education they receive, as
well as on the treatment at home and in the community.
Many of the educable retardates may reach 5th or 6th grade
educational level and can develop occupational skills which
may result in partial or complete economic independence in
adulthood.
 Mentally Retarded, Physically
Handicapped, Emotionally Disturbed
and Mentally Ill Children

4. BORDERLINE OR LOW NORMAL GROUP. This

is the highest group of mentally retarded, with I.Q.s from
about 75 to about 89. The members of this classification are
only slightly retarded and they can usually get by in regular
classes if they receive some extra help, guidance and
consideration. They have to spend much more time with their
studies than do most children in order to pass. Those who
cannot make it are usually handicapped by one or more other
conditions aside from that of intelligence.
 TERMS TO PONDER UNDER PD 603
1. CHILD-CARING INSTITUTION - is one that
provides twenty-four hour resident group care service
for the physical, mental, social and spiritual well-being of
nine or more mentally gifted, dependent, abandoned,
neglected, handicapped or disturbed children, or youthful
offenders.

2. 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.
 TERMS TO PONDER UNDER PD 603

3. DETENTION HOME - is a twenty-four

hour child-caring institution providing short
term resident care for youthful offenders
who are awaiting court disposition of their
cases or transfer to other agencies or
jurisdiction.
“TEMPORARY”
 TERMS TO PONDER UNDER PD 603
4. SHELTER-CARE INSTITUTION - is one that
provides temporary protection and care to children requiring
emergency reception as a result of fortuitous events,
abandonment by parents, dangerous conditions of neglect or
cruelty in the home, being without adult care because of crisis
in the family, or a court order holding them as material
witnesses.

5. RECEIVING HOMES ARE 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.
TERMS TO PONDER UNDER PD 603

6. NURSERY - is a child-caring institution

that provides care for six or more children
below six years of age for all or part of a
twenty-four hour day, except those duly
licensed to offer primarily medical and
educational services.
TERMS TO PONDER UNDER PD 603
7. A MATERNITY HOME - is an institution
or place of residence whose primary function
is to give shelter and care to pregnant women
and their infants before, during and after
delivery.

8. A REHABILITATION CENTER - is an
institution that receives and rehabilitates
youthful offenders or other disturbed
children.
TERMS TO PONDER UNDER PD 603

9. A RECEPTION AND STUDY CENTER

- is an institution that receives for study,
diagnosis, and temporary treatment, children
who have behavioral problems for the
purpose of determining the appropriate care
for them or recommending their permanent
treatment or rehabilitation in other child
welfare agencies.
TERMS TO PONDER UNDER PD 603
10. A CHILD-PLACING AGENCY - is
an institution or person assuming the care,
custody, protection and maintenance of
children for placement in any child-caring
institution or home or under the care and
custody of any person or persons for
purposes of adoption, guardianship or
foster care. The relatives of such child or
children within the sixth degree of
consanguinity or affinity are excluded from
this definition
 SALIENT PROVISIONS OF RA
9344
(e) "Child in Conflict with the Law" refers to a child
who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.

(f) "Community-based Programs" refers to the

programs provided in a community setting developed
for purposes of intervention and diversion, as well as
rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community.
 SALIENT PROVISIONS OF RA
9344
(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.
 SALIENT PROVISIONS OF RA
9344
(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.
 SALIENT PROVISIONS OF RA
9344
(k) "Initial Contact With-the Child" refers to the
apprehension or taking into custody of a child in
conflict with the law by law enforcement officers or
private citizens. It includes the time when the child
alleged to be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons
under Section 6(a) or Section 9(b) of the same Rule in
cases that do not require preliminary investigation or
where there is no necessity to place the child alleged
to be in conflict with the law under immediate
custody.
 SALIENT PROVISIONS OF RA
9344
(I) "Intervention" refers to a series of activities which are
designed to address issues that caused the child to commit an
offense. It may take the form of an individualized treatment
program which may include counseling, skills training,
education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.

(m) "Juvenile Justice and Welfare System" refers to a

system dealing with children at risk and children in conflict
with the law, which provides child-appropriate proceedings,
including programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their
normal growth and development.
 SALIENT PROVISIONS OF RA
9344
(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.
 SALIENT PROVISIONS OF RA
9344
(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.
 SALIENT PROVISIONS OF RA
9344
(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.
 SALIENT PROVISIONS OF RA
9344
(r) "Status Offenses" refers to offenses which
discriminate only against a child, while an adult does not
suffer any penalty for committing similar acts. These shall
include curfew violations; truancy, parental disobedience
and the like.

(s) "Youth Detention Home" refers to a 24-hour child-

caring institution managed by accredited local
government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-
term residential care for children in conflict with the law
who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
 SALIENT PROVISIONS OF RA
9344
(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.
 SALIENT PROVISIONS OF RA
9344
(u) "Victimless Crimes" refers to offenses
where there is no private offended party.
OTHER LAWS CONCERN
WITH JUVENILES:
 Known as the

“Special Protection of
children Against Child
Abuse, Exploitation and
Discrimination Act”

RA 7610
(Approved: June 17, 1992)
 Known as the

“Act Prohibiting the

Employment of children
below 15 years of age in
Public And Private
Undertakings”
RA 7658
(Approved: June 17, 1992)
 Known as the

“Family Court Act of

1997”
-an Act establishing Family Courts,
granting them exclusive original
jurisdiction over the child and family
cases.

RA 8369
(Approved: October 28, 1997)
 Known as the
“An Act allowing Illegitimate
Children to use the Surname of
their Father, amending for the
purpose of Art 176 of E.O No.
209: Family Code of the
Philippines.”

RA 9255
(Approved: February 24, 2004)
 Known as the
“An Act Requiring Certification
of the DSWD to declare a A
CHILD LEGALLY AVAILABLE FOR
ADOPTION”
ABANDONED CHILD: at least 3
continuous months

RA 9523
(Approved: February 24, 2004)
 Known as the

“Domestic Adoption
Act of 1998”

RA 8552
(Approved: February 25, 1998)
 Known as the

“Inter-Country
Adoption Act of 1995”

RA 8043 (Approved: June 7, 1995)

END :)
 “SHOOT for the MOON.
EVEN if you MISS,
You’ll LAND among the STARS”
-LES BROWN

If you don’t hit your goal, you may

eventually go much farther and do
something even greater!