JUVENILE JUSTICE SYSTEM

Juvenile
- Refers to any person of tender year
- A minor, a youth or those who are not emancipated by law.
- Refers to any person below 18 years of age or those but are unable to fully
take care of themselves from abuse, neglect, cruelty, exploitation or
discrimination because of physical or mental disability or conditions.
- A child or a young person, who, under the legal system may be dealt with for
an offense in a manner different from that of an adult
- Persons below age of majority, that is , below eighteen years old
- Pursuant to Republic Act 6809, the law that lowered the age of majority from
twenty one to eighteen for the purpose of E.O 209 – Family code of the
Philippines

America Philippines
Juvenile Child
Juvenile Delinquent CICL
Wayward Minor Child At Risk

JUVENILE DELINQUENCY
- It refers to an anti-social act or behavior which deviates from the normal
pattern of rules and regulations, custom and culture which society does not
accept and which there justifies some kind of punishment or corrective
measures. A delinquent is one whose behavior has brought a minor or child in
repeated conflict with the law.
- An act or omission committed by a minor which is not in conformity with the
norms of society
- Any act, behavior or conduct which might be brought to court and judged
whether such, is violation of a law
- Youth behavior which is against the norms and regulation of the society which
if left unchecked would give rise to criminality

DELINQUENT
- One whose behavior has brought him into repeated conflict with the law
regardless whether he has been taken before a court and adjudged a
delinquent
- One who has committed an offense that violate the approved norms of
conduct and is guilty of misdeed

STATUS OFFENSE
- Certain acts or omission which may not be punishable socially or legally if
committed by adults but become anti-social or illegal because the offender is
a minor, such as:
 Truancy, or frequent unreasonable absenteeism from school (20days). 5
days ayha e report
 Use of profane language
 Running away from home
 Smoking or drinking alcoholic beverages
  Disobedience to parents, guardians or school officials
 Mendicancy or begging in the streets
 Association with delinquent gangs

ANTI-SOCIAL BEHAVIOR
- Characterized by disobedience to, or disrespect for, authorities

PARENS PATRIAE (father of the country)

- The doctrine that does not consider delinquent act as criminal violation, thus
making delinquent non-criminal persons and cannot be found guilty of a crime
and punished like an adult criminal
- Views minor who violate the laws as victims of improper care, custody and
treatment at home
- Assumption by the state of the role of guardian over children whose parents
are deemed incapable or unworthy
- The authority of the state to act on behalf of the children

AGE OF MAJORITY
- Majority commences at the age of eighteen (18) years

EMANCIPATION
- Freedom from parental authority, both over his person and property, it
happens upon reaching the age of eighteen years with the exemption of the
capacity to contract marriage

RA 6809
- the law amending the age of majority lowered the age of majority from twenty
(21) to eighteen (18) years (approved on 13 December 1989)

Different Approaches in the study of delinquency

BIOGENIC APPROACH PYCHOGENIC SOCIOGENIC
APPROACH APPROACH
Gives and explanation that Argues that the critical Attributes delinquency
law violations and factors in delinquency are pattern to social
delinquency are a result of personality problems to structures views youthful
some physical defects which misbehavior is misdeed as a result of a
presumed to be the learning process through
response interactions with other
members of society

CATEGORIES OF CHILDREN

DEPENDENT
- one who is without a parent, guardian or custodian, or whose parents,
guardian or other custodian for good cause desire to be relieved of his care
and custody and is dependent upon the public for support
ABANDONED
- one who had no proper parental care or guardianship or whose parents or
guardian have deserted him for a period of at least six consecutive months
(PD 603)
- at least three continuous months ( RA 9523 )

MENTALLY RETARDED
- socially incompetent, socially inadequate, occupationally incompetent and
unable to manage their own affairs
- mentally sub-normal
- retarded intellectually from birth or early age
- retarded at maturity
- mentally deficient as a result of constitutional origin through heredity or
disease
- essentially incurable (mahina ang pag iisip)

PHYSICAL- HANDICAPPED
- crippled. Deaf-mute, blind and other conditions which restrict their means of
action or communication with others (may kapansanan)

EMOTIONALLY DISTURBED
- those who, although not afflicted with insanity or mental defect, are unable to
maintain normal social relation with others and the community in general due
to emotional problems or complexes may be caused by traumatic
experiences

MENTALLY ILL
- those with any behavioral disorder, whether functional or organic , which is of
such a degree of severity as to require professional help or
hospitalization

DISABLED
- includes mentally retarded, physically-handicapped, emotionally-disturbed
and mentally-ill children (generic term)

SPECIAL CLASSIFICATION OF CHILD

Mentally Retarded
 custodial (I.Q 25)
 trainable (25 to 50) ¼ or ½ of average child
 educable (50 to 75) ½ to ¾ (up to 5-6th G)
 borderline or low normal (75 to about 89) requires some extra help

Idiot – one whose mental condition is liken to a person 2 years old below
Moron – one whose mental condition is similar to that of seven years of age below
(Henry Goddard)
BIOCHEMICAL
Views that crime and
delinquency, especially
violence, are the result of
diet vitamin intake,
hormonal imbalance and
other biological causes
NEUROLOGICAL
Explains that crime and
delinquency occur
because the individual
suffers from brain
impairment or
abnormality in the
structure of the brain
learning abilities such as
attention deficit
hyperactive disorder
(ADHD) and minimum
brain dysfunction are
related to anti social
behavior
GENETICS
Explains that delinquent
traits and predisposition to
criminality are inherited
from parents criminality
of parents can predict
delinquency of children
supported by research on
twin studies and adoption
studies

Contributory Factors in Juvenile Delinquency

Family – the first and most basic institution of society responsible for developing a
child’s potential in all its aspects like physical, emotional, spiritual, moral, intellectual
and social. Molds the child to learn to curb his desires and to accept rules that
define the time, place and circumstances under which highly personal needs may be
satisfied in socially acceptable ways.

Nuclear Family – consist of father , mother and children

Extended Family – consist of father, mother, children, grandparents, uncles, and
aunts, cousins nephews and nieces , and in laws
Conjugal family – consist of husband and wife, but do not have child / children

School – considered the second home of a child, with teachers as the second
parents institution responsible for the training of young person’s intellectual , moral ,
as well as social skills which they need for them to grow up as productive , law
abiding and responsible citizens

Environment – the culture, norms and behavior of the child’s surroundings may very
well influence the upbringing of the child especially during their formative learned is
likely to be carried on until the child’s maturity. Rampant drug addiction vices such
as gambling and drinking alcoholic beverages association with criminal groups or
gangs, too much exposure to sex and violence in movies, television , print and
internet

History of Juvenile Justice

The modern practice of legally separating adult and juvenile offenders can be traced
back to two developments in English (England) custom and law that occurred
centuries ago: the development of POOR LAWS and the creation of the English
CHANCERY COURTS. Both were designed to allow the state to take control of the
lives of needy but not necessarily criminal children. This system was brought to the
United States where it was developed further until later it became the basis of the
juvenile justice system in the Philippines. (principle of parens patriae)
POOR LAWS – in 1535 , statutes which mandated the appointed of overseers who
place destitute or neglected children with the families who then trained them in
AGRICULTURAL (domets of france) , trade or domestics services; this practice is
called INDENTURE. In 1601 , a system was created wherein church workers with
the consent of justice of the peace identified vagrant, delinquent and neglected
children and took measures to put them to work; these children were placed in the
workhouse until their adulthood

CHANCERY COURTS
- protected property rights and welfare of minor children who could not care for
themselves
- the courts dealt with the issues of guardianship and the use and control of
property
- the courts operated under the parens patriae philosophy which held that
children were under the protective control of the state

the first comprehensive juvenile court was established in Illinois in 1899 through
the passage of the Illinois Juvenile Court Act of 1899 which set up an independent
court to handle criminal law violations by children under sixteen (16) years of age, as
well as to care for neglected , dependent, and wayward youths

the purpose of the act was to separate juveniles from adult offenders and provide a
legal frameworks in which juveniles could get adequate care and custody

congress passed the juvenile justice and delinquency prevention act of 1974 to
identify the needs of youths and no fund programs in the juvenile justice system

Juvenile Court – a court that has original jurisdiction over persons defined by
statutes as juveniles and alleged to be delinquents or status offenders

DEVELOPMENT OF JUVENILE JUSTICE IN THE PHILIPPINES

PD 603 – Child and Youth Welfare Code
RA 6809 – Law amending the age of majority
EO 209 – The Family Code of the Philippines
RA 7610 - Anti-Child Abuse Law
RA 8552 – Domestic Adoption Act
RA 8043- Inter-Country Adoption Act
RA 9208 – Anti-Trafficking in Persons Act
RA 9231 – Law amending the RA 7610 on working children
RA 9255 – Law on the use of father’s surname of illegitimate children
RA 9262 – The Anti-Violence against Women and Children Act
RA 9523 – Laws amending the law on adoption
RA 9344 – Juvenile Justice and Welfare Act
RA 9775 – anti-child pornography act
RA 8369 - THE FAMILY COURTS ACT OF 1997

Important provision of PD 603 – Child and Youth Welfare Code

- approved on 10 December 1974
- effectivity date is 10 June 1975 (6 months after approval)
- shall apply to persons under 18 years of age
PARENTAL AUTHORITY (PATRIA POTESTAS)
- the sum total of the rights of the parents over the person and property of their
child
- the exercise of which has no distinction between a legitimate and illegitimate
child
- the father and the mother shall exercise jointly just and reasonable parental
authority and responsibility over their legitimate or adopted children
- in case of death of either parent, the surviving parent shall exercise sole
parental authority
- in case of disagreement, the father’s decision shall prevail unless there is a
judicial order to the contrary

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

LEGAL CUSTODY
- in case of separation of parents, no child under 7 years of age shall be
separated from his mother unless the court decides otherwise

GUARDIANSHIP
- a trust relation of the most sacred character, in which one person, called a
guardian, acts for another , called a ward , regardless as incapable of
managing his own affairs

Termination of parental Authority

- upon adoption
- upon appointment of a guardian
- upon declaration of abandonment of the child; parental authority
- upon final judgment of a competent court divesting the party concerned of
parental authority
- upon judicial declaration of absence or incapacity of the person exercising

Suspension of Parental Authority

- conviction of a parent of a crime which carries with it the penalty of civil
interdiction
- treating the child with excessive harshness or cruelty
- giving the child corrupting orders, counsel or example
- compelling the child to beg
- subjecting the child or allowing him to be subjected to acts of lasciviousness

SUBSTITUTE PARENTAL AUTHORITY

- in case of absence or death of both parents, substitute parental authority shall
be given to the following, in order of priority: (GOR)
- grandparents
- oldest brother or sister at least 21 years of age
- relative who has actual custody of the child appointed by the court
COMMENCEMENT OF CIVIL PERSONALITY
- the civil personality of the child shall commence from the moment of
conception

CONCEPTION
- the start of life
- the union of the sperm cell and the egg cell
- also called the process of fertilization

CIVIL PERSONALITY
- pertains to the identity and recognition of an individual as person having rights

ABORTION
- the expulsion of the fetus from the mother’s womb

KINDS OF ABORTION

Criminal Abortion
- classified as intentional (art. 256) or unintentional (art.257) as provided by the
revised penal code
- punishable by law

Therapeutic Abortion
- recommended and performed by a certified physician when there are health
risks and complication
- not punishable by law (avoidance of greater injury)

THEORIES

Nature Theory
- Alfred Binet Kung low IQ daw ka prone daw ka nga mahimo og criminal
yawa.a ka
- Heredity daw ni sya ma Mana daw ang pagka criminal gikan sa ginikanan
- Kung unsa ang tanom maosad ang bunga

Nurture Theory
- Dako og ambag ang environment sa pagka criminal sa bata
- Example kung ang palibot sa bata kay puro palahubog og mga adik dako og
posibilidad nga mao sad ang mahitabo sa bata inig dako.

Differential Opportunity
- Mayaman vs mahirap ni sya
- Example : isa ka estyudante nga kwartaan naay laptop og ayus nga cp pang
online class walay problema pero in the other side naay isa ka styudante nga
pobre walay cp or laptop pang online class maong mangawat nalang sya para
maka online class. Mao na sya example
- Isa pa ka example kung ang dato maka commit og crime daghan syag kaso
nga pwd matakasan pero ang Pobre way swerte priso, priso jud
- Tatsulok, ang hustisya ay para lang sa mayaman
Differential Reinforcement Theory
- Reward Vs. Punishment
- Ang tao daw naka depende sa reward kung mu buhat og crimen or nahadlok
sa punishment maong ge buhat ang crimen
- Example naay ni ingun tagaan tika og 1milyon iyota nang baka (reward)
- Another one, naay mo ingun di na nimu iyoton nang baka potlun ko nang
lagay nimu run (punishment)

Social Disorganization Theory (shaw & McKay)

- Dapat daw sa usa ka society completo og panakot naay skul , naay church
naay family og uban pa kay kung mag kulang daw ang usa ka society ma
disorganize daw ang bata dayun basin daw mahimog criminal

Differential Association Theory

- Edwin Sutherland
- Pinaka importante nga theory
- Ang criminal behavior daw dili daw ma Mana sa ginikanan (heredity) bagkos
ma tun an daw ni sa imung palibot mga nakasalamuha nimu imung mga
barkada for example. Kung rugby boy imung mga amigo natural ikaw pd
- Tell me who your friends are and I tell you who you are
- Tinood jud ni

Masculinity Hypothesis
- Tomboy man guro pasabot ani nga theory
- Kaya daw buhaton sa bae ang kaya buhaton sa laki
- Weeee di ngaa ???
- Masuko man gane mo dli palingkoron sa bus kung naay nag lingcod nga laki

Psychoanalytic theory (psychoanalysis psychodynamic theory)

- Sigmund freud
- ID pleasure ni sya , EGO reality principle , SUPER EGO conscience,
righteous
- Dli daw balance ang tao sa iyang ge buhat maong naay crimen di daw ma
apply sa uban tao ang kanang tulo diha sa babaw maong maka commit og
crime
- Dapat balance lang nang tulo kay maka daot ang sobra

Demonological theory
- Ngalan palang daan klaro naa kau di na kailangan e explain
- Ge saniban daw og dili ingun ato ang tawo maong maka commit og crime
- Pagtawag sa albolaryo ignun dayun ug si satanas ang ngalan unya ang
tinood si rolly ra jud deay to wa lang naka pamahaw

Social Control Theory (Social bond theory)

- Ang society mismo ang ga control sa tao para di maka commit og crime
- BIAC  MAO NI sya hinungdan maong di maka commit og crime ang usa ka
tawo
- The person is born to be bad but control to be good
- Travis Hirschi
 - Belief , involvement , attachment and commitment meaning sa BIAC
- Kung ma putol dawn a sya diha nadaw mag sugod mag commit og crime ang
is aka tawo

Neutralization Theory (drift theory)

- Matza & sykes
- Justification
- Obey or disobey
- Kana bitawng nagpa lusot ka sa imung na buhat na sayup para matabunan
imung pagka way pu angod.
- Example ga motor ka daun red light pa pero walay sakyanan mao tong ni
dritso ka unya naay parak sa unahan na dagkpan ka. Unya mo ingun dayun
ka og wala btaw tao sir dayun nag dali ko sir kay kalibangon kaau ko
- Isa pa kanang ipasa nmu ang sala sa ubang tawo
- Example nanumbag ka dayun pangutan on ka nganung ge sumbag nmu sya,
mu ingun dayun ka og maka irita man gud kau og dagway sir maong akong
ge sumbag sala to sa iyang nawong sir.

Subculture theory
- Culture vs culture
- Chicago school
- Naay usa ka gropu or bag ong cultura nga ni turok sa usa ka society nga
against sa norms ato nga society
- Example mga gangsta

Imitation Theory
- naa ni sa isa ka page nasa introduction to crim
- ang crime basin ma awat sa bata
- kanang nag awat awat gud from the word imitate

Cultural Transmission
- ang cultura na tratransfer daw ni
- is the knowledge that is learned and transmitted to later generations.

Strain Theory
- naa pd ni sa introduction to crim nasa pikas page
- maka commit og crime ang usa ka tawo kay tungod sa negative emotions

Doing Gender
- feeling daw sa isa ka lalaki nga maka pasakit og babae nga lalaki nga lalaki
daw kaau sya
- na buang najud cgoru

Aging out phenomenon

- magkawala daw ang gana nga mo commit og crime ang usa ka tawo pang
nagka edaran sila
- mas taas daw ang crime rate sa medyo bata kaysa tiguwang
ADOPTION – an act by which relations of paternity and filiations are recognized as
legally existing between persons not so related by nature the taking into one’s family
of the child of another, as son or daughter and heir, and conferring on it a title to the
rights and privileges of such

FILIATION – the acknowledgement of the father of his relationship with the child also
called paternity

BIOLOGICAL CHILD – natural born child of parents

ADOPTED CHILD – a child who underwent the judicial process of adoption

FOUNDLING – refers to a deserted or abandoned infant or child whose parents,

guardians or relatives are unknown

LEGAL CLASSIFICATION OF CHILDREN

1. LEGITIMATE – born inside the marriage
2. ILLEGITIMATE – born outside the marriage
3. LEGITIMATED – illegitimate child raised to the status of a legitimate child by
subsequent marriage of his parents
4. ADOPTED – a person who is raised to the status of legitimacy through
adoption (judicial act)

RA 8552 – DOMESTIC ADOPTION ACT OF 1998

 Approved on 25 February 1998

ADOPTER – the person adopting or petitioning for the adoption of a child

ADOPTEE – the child or person being petitioned for adoption

CHILD LEGALLY AVAILABLE FOR ADOPTION

- A child who has been voluntarily or involuntarily committed to the DSWD or to
a duly licensed and accredited child placing or child caring agency, freed of
the parental authority of his or her biological parents or guardians or adopter,
in case of rescission
- Refers to a child in whose favor a certification was issued by the DSWD that
he or she is legally available for adoption after the fact of abandonment or
neglect has been proven through the submission of pertinent documents, or
one who was voluntarily committed by his or her parents or legal guardian
(RA 9523)

CHILD PLACING AGENCY OR INSTITUTION

- Refers to a private non-profit institution or government agency duly accredited
by the DSWD that receives and processes applicants to become foster or
adoptive parents and facilitate placement of children eligible for foster care or
adoption (MYRC)
WHO MAY ADOPT
- Any Filipino citizen of legal age at least sixteen years older than the
adoptee unless the adopter is the biological parent of the adoptee, or is the
spouse of the adoptee’s biological parent (exception to the rule)
- Any alien (foreigner) possessing the same qualification as that of a Filipino
citizen, who has been living in the Philippines for at least three consecutive
years, and those country has diplomatic relation with the Philippines

WHO MAY BE ADOPTED

- Any person below eighteen years of age declared legally available for
adoption
- The legitimate son or daughter of one spouse by the other spouse
- An illegitimate son or daughter by a qualified adopter to improve his or her
status to that of legitimacy
- A person of legal age if prior to the adoption, said person has been
consistently considered and treated by the adopter as his or her own child
since minority
- A child whose adoption has been previously rescinded (revoke or cancelled)
- A child whose biological or adoptive parents has died, but proceedings may
only be initiated after 6 months from the time of the death of the parents

SUPERVISED TRIAL CUSTODY

- A period of time within which a social worker oversees the adjustment and
emotional readiness of both adopter and adoptee in stabilizing their filial
relationship
- The period is at least 6 months
- No supervised trial custody, no adoption be made

RESCISSION OF ADOPTION
- the nullification of the adoption
- adoption shall not be subject to rescission by the adopter

GROUNDS FOR RESCISSION OF ADOPTION

- repeatedly physical and verbal maltreatment by the adopter despite having
undergone counseling
- attempt on the life of the adoptee
- sexual assault or violence
- abandonment and failure to comply with parental obligations

RA 8043 – INTER COUNTRY ADOPTION ACT OF 1995 (approved on 7 June

1995)

Inter-Country Adoption
- the socio-legal process of adopting a Filipino child by a foreign or a Filipino
citizen permanently residing abroad where the petition is filed, the supervised
trial custody is undertaken and the decree of adoption is issued outside the
Philippines
Inter-country adoption board
- acts as the central authority in matters relating to inter-country adoption
- shall act as the policy making body for purpose of carrying out the provision of
RA 8043, in consultation and coordination with the DSWD
- headed by the secretary of the DSWD as ex officio chairman and six
members to be appointed by the president, with a term of office of six
years

WHO MAY ADOPT

- any alien or a Filipino citizen permanently residing abroad
- at least twenty seven (27) years of age
- at least sixteen (16) years older than the adoptee unless the adopter is the
parent by nature of the adoptee or the spouse of such parent
- coming from a country which whom the Philippines has diplomatic relations
- possesses all the qualifications provided in other applicable Philippine laws

WHO MAY BE ADOPTED

- a Filipino child legally declared available for adoption whose age is below
fifteen (15) years old

Provision of the Law Republic Act 8552 Republic Act 8043

Title Domestic Adoption Act
1998
Date of approval 25 february 1998
Subject matter Adoption involving Filipino
parents or foreigners
residing in the Philippines
as adopters and Filipino
children as adoptees, who
will reside in the
Philippines
Age requirement for Adopters must be of legal
adopters age and at least sixteen
(16) years older than the
adoptee; if the adopter is a
foreigner, he must have
been residing in the
Philippines for at least
three (3) consecutive
years
Inter-Country adoption act
1995
7 june 1995
Adoption involving
foreigners or Filipinos,
residing abroad as
adopters and Filipino
children as adoptees, who
will reside outside the
Philippines
Adopters must be at least
twenty-seven (27) years
old and at least sixteen
(16) years older than the
adoptee

age requirement for Adoptees must below Adoptees must below

adoptees eighteen (18) years old fifteen (15) years old
Other requirements for the 1. has not been 1. must possess all
adopters convicted of any the qualifications
crime involving and none of the
moral turpitude disqualifications
2. emotionally and provided under
psychologically Philippine law;
capable of caring 2. eligible to adopt
 for children under his or her
3. in a position to national law
support and care
for his/her children
in keeping with the
means of the family
4. for foreigners
residing in the
Philippines, his/her
country of origin
must have
diplomatic relations
with the Philippines
Supervised trial custody At least six months at least six months

IMPORTANT PROVISION OF RA 9523

RA 9523 – the law giving DSWD the sole authority to issue the certification
declaring a child legally available for adoption
Amended provision of RA 8552 and RA 8043
Approved on 12 March 2009

IMPORTANT PROVISION OF RA 7610

RA 7610 – SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,

EXPLOITATION AND DISCRIMINATION ACT
- approved on 17 June 1992
- this law is also commonly referred to as the Anti-Child Abuse Act
RA 7658 – AMENDATORY LAW TO RA 7610
- approved on 9 November 1993
- this law amended the provision of RA 7610 regarding working children
- this law was further amended by RA 9231

Child Abuse
- refers to maltreatment, whether habitual or not, of the child

Forms of Child Abuse

Cruelty – refers to any word or deed which debases , degrades or demeans the
intrinsic worth and dignity of the child as human being

Physical Injury – includes but is not limited to lacerations, fractured bones, burns,
internal injuries, severe injuries, or serious bodily harm suffered by a child

Psychological Injury – means harm to a child psychological or intellectual

functioning which may be exhibited by severe anxiety, depression, withdrawal or
outward aggressive behavior

Neglect – means failure to provide, for reasons other than poverty, the basic needs
of the child, such as food, clothing, medical care , shelter and basic education
Sexual Abuse – includes the employment, use, inducement or coercion of a child to
engage in sexual intercourse or lascivious conduct; the molestation, prostitution and
or incest with children

Child Prostitution – exploitation of children, whether male or female, by coercing

them into indulging in sexual intercourse or lascivious conduct for money, profit or
any other consideration

Who are criminally liable for Child Prostitution

- those who engage in or promote, facilitate or induce child prostitution
- those acting as procurer of a child prostitutes; parents, guardians or relatives
who knowingly allow or coerce their children or ward into prostitution
- those who commit the act of sexual intercourse or lascivious conduct with a
child exploited in child prostitution
- clients of child prostitution
- those who derive profit or advantage there from, such as;
- managers or owners of the establishment where the prostitution takes place

Obscene Publication and Indecent Shows

- the use, hiring, employment , and coercing of children as performers, actors
or models for obscene exhibitions and indecent shows, whether live or in
video, or in printed pornographic materials

Children as Zone of Peace

- children shall not be the object of attack in situations of armed conflict
- they shall be protected from any form of threat, assault, torture or any forms of
cruel, inhumane or degrading treatment
- children shall not be recruited to become members of the armed forces of the
Philippines of its civilian units, nor be allowed to take part in the fighting, or
used as guides, couriers or spies
- children shall be given priority during evacuation as a result of armed conflict

IMPORTANT PROVISION OF RA 9208

RA 9208 – ANTI – TRAFFICKING IN PERSON ACT OF 2003 (approved on 26

May 2003 )

Trafficking in Persons
- the recruitment, transportation, transfer, or harboring, or receipt of persons
with or without the victims consent or knowledge within or across the national
borders by means of threat or use of force, or other forms of coercion,
abduction , fraud, deception, abuse of power, or prostitution, taking advantage
of the vulnerability of the person, or giving or receiving of payments or
benefits to achieve the consent of a person having control over another
person for the purpose of exploitation which includes at minimum , the
exploitation or the prostitution of others or other forms of sexual exploitation,
forced labor or services , slavery, servitude or the removal or sale of organs
- the recruitment, transportation, transfer , harboring or receipt of a child for the
purpose of exploitation shall also be considered as trafficking in person
even if it does not involve any of the means set forth in preceding paragraph
QUALIFIED TRAFFICKING IN PERSON (RIC)
- when the trafficked person is child
- when the adoption is effected through RA 8043 INTER COUNTRY
ADOPTION LAW and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, force labor, slavery, involuntary servitude or
debt bondage
- when the offender is an ascendant , parent, sibling, guardian or person who
exercised authority over the trafficked person or when the offense is
committed by a public officer or employee

Gawain para pasok sa Qualified Trafficking

Forced Labor – refers to the extraction of work or services from any person by
means of enticement, violence , intimidation, or threat , use of force or coercion,
including deprivation of freedom, abuse of authority or moral ascendancy, debt
bondage or deception

Sex Tourism – refers to a program organized by travel and tourism related

establishments and individuals which consist of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourists

Pornography – refers to any representation, through publication, exhibition,

cinematography, indecent shows, information technology, or by whatever means, of
a person engaged in real or simulated explicit sexual activities or any representation
of the sexual parts of a person for primarily sexual purpose

Debt Bondage – refers to pledging by the debtor of his or her personal services or
labor or those of a person under his or her control as security or payment for a debt,
when the length and nature of services are not clearly defined or when the value of
the services as reasonably assessed is not applied toward the liquidation of debt

IMPORTANT PROVISION OF RA 9231

RA 9231 – the law prohibiting the worst forms of child labor

- amendatory law to RA 7610 and RA 7658 regarding working children
- approved on 19 december 2003

Children below fifteen (15) years of age shall not be employed, except:
- when a child works directly under sole responsibility of his parents or legal
guardian and where only members of the employer’s family are employed
- where a child’s employment or participation in public entertainment or
information through cinema, theatre , radio or television is essential., with the
approval of the Department of Labor and Employment (DOLE)
- it is the duty of the employer to submit to the dole a report of all children
employed by him
- if a domestic is under sixteen (16) years of age, the head of the family shall
give him or her an opportunity to complete at least elementary education, the
cost of which shall be a part of the domestic’s compensation
WORK PERMIT OF WORKING CHILDREN
- it shall be the duty of the employer to secure permit from the DOLE of working
children employed by him

EMPLOYMENT CONTRACT OF WORKING CHILDREN

- the contract shall be signed by the working child’s parent or legal guardian,
with the express agreement of the child

If the child is under 15:

- may work for maximum of four (4) hours a day, twenty (20) hours a week
- may work between six o’clock in the morning to eight o’clock in the evening
(6am to 8pm)

If the child is 15 but under 18:

- may work for maximum of eight (8) hours a day, forty (40) hours a week
- may work between six o’clock in the morning to ten o’clock in the evening
(6am to 10pm)

TRUST FUND = at least 30% of the earnings

USE OF CHILD’S INCOME = not more than 20% may be used for the collective
family needs

PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN

ADVERTISEMENT
- no child shall be employed as a model in any advertisement directly or
indirectly promoting the following:
- alcoholic beverages
- intoxicating drinks
- tobacco and cigarettes
- gambling
- any form of violence or pornography

IMPORTANT PROVISION OF RA 9262

RA 9262 – ANTI VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF

2004 (approved on 8 March 2004)

Violence against women and their children

- Refers to any act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relations, 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

Physical Violence
- Refers to acts that include bodily or physical harm
Sexual Violence
- Refers to an act which is sexual in nature, committed against woman or her
child

Psychological Violence
- Refers to acts or omission 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, and repeated
verbal abuse

Economic Abuse
- Refers to acts that make or attempt to make a woman financially dependent

Battery
- Refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress

Stalking
- 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

PHILIPPINE JUVENILE JUSTICE SYSTEM

RA 9344 – the JUVENILE JUSTICE AND WELFARE ACT OF 2006

- Approved on 28 April 2006
- Effectivity on 20 May 2006
- Repealed the provision of the revised penal code and presidential decree no.
603 on minor offenders
IMPORTANT TERMS INTRODUCED BY RA 9344

Juvenile Justice 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 after
care to ensure their normal growth and development

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; seeks to
obtain reparation for the victim, reconciliation of the offender, the offended
and the community and reassurance to the offender that he or he can be
reintegrated into society

Child at Risk
- Refers to a child who is vulnerable to and at risk of committing criminal
offenses because of personal, family and social circumstances
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

Initial Contact with the Child

- Refers to the apprehension or taking a child into the custody of a child in
conflict with the law by law enforcement officers or private citizens

Intervention
- Refers to series of activities which are designed to address issues that
caused the child to commit an offense
- May take the form of an individualized treatment program which may include
counseling, skills , training , education and other activities that will enhance
his or her psychological, emotional and psycho-social well being.

Diversion
- Refers to an alternatives, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of
his or her social, cultural , economic , psychological or educational
background without restoring of formal court proceedings

Diversion Program
- Refers to the program that the child in conflict with the law is required to
undergo after he or she is found responsible for an offense without resorting
to formal court proceedings

Youth Detention Home

- Refers to a 24-hour child-caring institution managed by accredited local
government units and licensed and/or accredited non-governmental
organization providing short term residential care for children in conflict
with the law who are waiting court disposition of their cases or transfer
to other agencies or jurisdiction

Youth Rehabilitation Center

- Refers to a 24-hour residential care facility managed by the DSWD, local
Government units, licensed or accredited non-governmental organizations
monitored by the DSWD, which provides care, treatment and rehabilitation
services for children in conflict with the law

Community-Based Program
- 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

Court
- Refers to a family court or, in places where there are no family courts, any
regional trial court
Deprivation of Liberty
- Refers to any form of detention or imprisonment, or to the placement of the
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

Rights of the Child in Conflict with the Law

- The right not to be imposed a sentence of capital punishment or life
imprisonment
- The right to be detained or imprison as a disposition of last resort , which shall
be for the shortest appropriate period of time
- The right to be separated from adult offender at all times; during detention,
while being transported to and from the court and while waiting for the hearing
- The right to be detained only with other detainees of the same sex, if
detention is necessary
- The right to be search only by law enforcement only officer of the same
gender
- The right not to be handcuffed, when such is not necessary
- The right to have a parents or guardian present
- The right to diversion if he or she is qualified and voluntarily avails of the
same
- The right to AUTOMATIC SUSPENSION OF SENTENCE
- the right to probation as an alternative to imprisonment, if qualified under the
Probation law
- the right to have the records and proceedings involving him be considered
privileged and confidential

MINIMUM AGE OF CRIMINAL RESPONSIBILITY

- a child fifteen (15) years of age or under at the time of the commission of
the offense shall be exempt from criminal liability , but shall undergo
intervention program
- a child above fifteen (15) years of age but below eighteen (18) years of
age shall likewise be exempt from criminal liability , if he or she acted
without discernment, but he shall undergo intervention program
- however , they are exempted from criminal liability and not from civil liability
- a child above fifteen (15) years of age but below eighteen (18) years of
age who acted with discernment shall be subjected to diversion
proceedings and shall undergo diversion program if qualified

a child above fifteen (15) but below eighteen (18) years of age who acted with
discernment and who is not qualified for diversion or refuse to undergo
diversion, shall be prosecuted

Treatment of the child below the age of criminal responsibility

- is shall be the duty of the law enforcement officer to determine the age of the
child apprehended
- if the child apprehended is FIFTEEN (15) YEARS OLD OR BELOW, the
law enforcement officer MUST RELEASE THE CHILD TO THE CUSTODY
 OF HIS OR HER PARENTS OR GUARDIANS , OR THE CHILDS NEAREST
RELATIVE
- if shall also be the duty of the law enforcement officer to give notice to the
local social welfare and development officer as to apprehension of the child in
conflict with the law

COMPREHENSIVE JUVENILE INTERVENTION PROGRAM

- shall be instituted in local government units from the barangay to the
provincial levels
- shall include community-based programs on juvenile justice and welfare

COMMUNITY-BASED PROGRAMS ON JUVENILE JUSTICE AND WELFARE

- shall be instituted by the local government units through the school , youth
organizations , and other concerned agencies
- shall respond to the special needs , problems, interests, and concerns of
children and which offer appropriate counseling and guidance to them and
their families

SYSTEM OF DIVERSION
- children on conflict with the law shall undergo diversion proceedings subject
to the following:
- the imposable penalty for the crime committed is not more than six (6) years
imprisonment
- in victimless crimes, the impossible penalty is not more than six (6) years of
imprisonment
- in cases where the imposable penalty exceeds six (6) years, diversion
measures may be resorted to only by the court
- the diversion proceedings shall be completed within forty-five (45) days

CONTRACT OF DIVERSION
- shall be prepared if the child;
- is qualified for diversion; and
- voluntarily admits the commission of the act and the parents or guardian of
the child and the child himself agrees to the diversion program
- it must be signed by the child’s parent or guardian and the authorities
concerned

PROSECUTION
- a child in conflict with the law shall undergo prosecution if:
- he is not qualified for diversion
- he is qualified for diversion but he or his parents or guardian does not agree
to diversion
- diversion is not appropriate for the child in conflict with the law, based on the
social worker’s recommendations
CONDUCT OF PRELIMINARY INVESTIGATION
- there shall be a specially-trained prosecutor to conduct inquest, preliminary
investigation and prosecution of cases involving children in conflict with the
law
- the information against the child shall be filed before the family court within
forty-five days from the start of the preliminary investigation

Court Proceedings
- during trial, the court shall order;
- the release of the child on recognizance to his or her parents and other
suitable persons
- the release of the child on bail
- if the child is to be detained, the transfer of the child to a youth detention
home
- detention of the child shall be ordered only as a last resort

AUTOMATIC SUSPENSION OF SENTENCE

- if the child in conflict with the law is found guilty of the offense charged , the
court shall place the child under suspended sentence, without need of
application
- the automatic suspension of sentence may be extended until the child
reaches the maximum age of twenty-one (21) years old
- the court shall order the detention of the child in a youth rehabilitation
center where he shall undergo the appropriate disposition measures

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 if the court finds that
the disposition measures have been fulfilled

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 have not been fulfilled, or if the child has willfully failed to
comply with the conditions of his or her rehabilitation program, the child
shall be returned to court for the execution of judgement

PROBATION
- a child in conflict with the law whose sentence was executed by the court
upon reaching the maximum age of twenty-one (21) shall be entitled to the
benefits of probation under the PD 986, the Probation Law of 1976

OFFENSE NOT APPLICABLE TO CHILDREN

- persons below eighteen (18) years old shall be exempt from the prosecution
for the following crimes:
- vagrancy and prostitution under the RPC
- anti-mendinancy under PD 1563
- sniffing of rugby under PD 1619
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 if the court finds that
the disposition measures have been fulfilled

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 have not been fulfilled, or if the child has willfully failed to
comply with the conditions of his or her rehabilitation program, the child
shall be returned to court for the execution of judgment

IMPORTANT PROVISION OF RA 9775 – the ANTI-CHILD PORNOGRAPHY ACT

OF 2009
- approved on 17 November 2009
- the law that amended the provision of RA 7610 on obscene publications and
indecent shows
- it aims to protect every child from all forms of exploitation and abuse through
the use of a child in pornographic performances and materials and the
inducement or coercion of a child to engage or be involved in pornography

CHILD PORNOGRAPHY
- refers to any representation , whether visual , audio, or written combination
thereof, by electronic, mechanical , digital , optical, magnetic or any other
means, of child engaged or involved in real or simulated explicit sexual
activities

SYNDICATE CHILD PORNOGRAPHY

- committed if carried out by a group of three (3) or more persons conspiring or
confederating which one another

EXPLICIT SEXUAL ACTIVITIES – refers to any of the following acts, whether actual
or simulated
- sexual intercourse, whether with the same sex or opposite sex;
- lascivious conduct, whether with the same sex or opposite sex
- bestiality
- masturbation
- sadistic or masochist abuse
- lascivious exhibition of the genitals, buttocks, breasts, pubic area and/ or anus
- use of any object or instrument for lascivious acts

PD 603
- title: The Child and Youth Welfare Code
- approved: December 10, 1974
- effectivity: June 10, 1975 (six months upon approval)

Applicability: applies to all persons below 18 years of age (r.a 6809) except those
emancipated in accordance with law.
Art. 2 – Declaration of Principles and State Policies, section 12
- recognizing the sanctity of the family life and protecting and strengthening the
family as a basic autonomous social institution
- equally protecting the life of the mother and the unborn from conception
- recognizing the rights and duty of the parents in rearing the youth

RIGHTS OF THE CHILD

- all children shall be entitled to the rights herein set forth without distinction as
to legitimacy, sex, social status, religious affiliation, political antecedents, and
other factors.
- The right to be born well, with the dignity and worth of a human being from the
moment of his conception
- The right of a wholesome family life that will provide him with love, care, and
understanding, guidance and counseling, and moral and material security
- The right to a well- rounded development of his personality, to the end that he
may become a happy, useful and active member of the society.

JURISDICTION OF FAMILY COURTs

The family courts shall have exclusive original jurisdiction to hear and decide
the following case:
1. Criminal case where one or more of the accused is below eighteen years of
age;
2. Petition for guardianship and custody of children
3. Petition for adoption of children and revocation thereof
4. Complaints for annulment of marriage, declaration of nullity of marriage and
those relating to marital status and property relations of husband and wife
5. Petition for support
6. Cases against minors cognizable under the comprehensive dangerous drugs
act of 2002
7. Violation of republic act 7610
8. Cases of domestic violence against women and children