EMILIO AGUINALDO COLLEGE

1113-1117 San Marcelino St.,

Paco, Manila 1007, Philippines
Tel. Nos. (02) 8521-2710 www.eac.edu.ph

Fifth Pillar: Community

Leader:
España, Lovely Ferrer

Members:
Anota, Jayah Mae G.
Aurento, Simon Jaylar
Autida, John Marc
Ecleo, Princess Ruby Chiquito
Enriquez, Mark Joseph
Esposo, Ian Ernesto G.
Evangelista, Fresiemane
Galang, Jennelyn Aguilar
Garcia, Jericho
Guba, Joaquin N.
Halili, Harold
Lazaro, John Rockford R.
Lipang, Rina M.
Misa, Winsley M.
Murillo, Elmer Bomotano
Olaes, Sean Archer
Plata, Kenneth D.
Rodney, Ruel
Salac, Angeline
Tamayo, Jhener
Valdez, Johnkurl Patrick De Guzman
Velasco, Ashly Dela Cruz
Whence, Tuazon
 3

EMILIO AGUINALDO COLLEGE - MANILA

Table of Contents:

Introduction of the Fifth Pillar: Community........................................................................4

Relationship of the Community with other Pillars in the PCJS.........................................6

History of Community

BACHELOR OF SCIENCE IN CRIMINOLOGY

 Introduction to the Fifth Pillar:
Community

THE COMMUNITY

• It plays an important role in every one of the four other pillars.

The community is the center piece of the Philippine Criminal Justice System so all of the
parts of the pillar are something the community is doing to make the pillars perform the main goals
and other responsibilities of the four other pillars. The community also is the responsible to the
salaries, found, project and etc. of the other pillar this pillar which is the community provide taxes
that can be the found to use in any pillar of the Philippine Criminal Justice System has.

• No single law mandates its power and functions

So, the law that commands a community what they should do, this is where the human mind of a
person enters without the ability to control what they/we should do it’s up to us whether we will be satisfied
with what we do. For an example, Mr. Giba is newly released and he is good at correction so he came back
to the community and you as a part of the community it's up to you if you accept him you will interact with
him all your moves will be you yourself the one who decided there is no law say you stayed away from Mr.
Giba you will be imprisoned because the law does not control the performances of the community

• Does not have a rigid structure

The community does not have a rigid structure because we are that there are no basic
degrees to say that you are superior to someone here because all of us are equal without middle
class, lower class and upper class so all the members of the community are actually the same what
rights does a person have, others around him also have. It is not like when other pillar has a
structure with a head and body so that they can perform their duties and responsibilities in the
community because it is based only on the human mind and ability.
 • This is why the community pillar can be said to be an informal component of the criminal justice
system.

All the community does can directly affect the other pillars of the Philippine Criminal Justice
System, and maybe it’s against or not to the project or performance of the other pillars. For an example the
court and the court have a judge the have a responsibility to judge to the criminal liability of the person the
judge gives a final judgement giving by the person the effect of that is only to the person not the other pillar
while the community can again for example there is a group of people who rally for the right rice price for
our fellow Filipino famers so it can be affect to the pillar.

• But still, the active participation, cooperation and support of the community are necessary for the
achievement of the objectives of the criminal justice system.

In order for the criminal justice system to achieve its main goals, it needs active participation,
cooperation and support came from the community because all the rules that the pillar plays are to protect
the community that exists in a country. For an example the community didn’t perform the active
participation, cooperation and support what will happen? In that case maybe the main goals of the pillar
didn’t get and causing a struggle that can affect to the pillar.

STRUCTURE OF THE COMMUNITY

-After convicts have passed through the correction component either unconditionally (as by full
service of the term of imprisonment imposed on them) or by parole, or by pardon.
-They revert to the COMMUNITY and either lead normal lives as law-abiding citizens in their
barangays, regrettably committing other crimes and thus go back through the same stage of the
Criminal Justice System.
• The community at large
• Bureau of Post
• Bureau of immigration & Deportation
• Bureau of Telecommunications
IMPORTANCE OF THE COMMUNITY
• These group of people obeys some social norms and some common value among
themselves.
• A sense of community is important to establish peace and harmony among the society
• Sense of Togetherness - A sense of togetherness lies in the soul of every individual.
• Division of Work - We share our work, and this division of work leads to our dependency
on other people working in different roles.
• Cooperation - The very idea of community comes into being because people like to
cooperate with each other.
• Feeling of Association - In a community, people live by associating with one another.

Benefits of being part of a community

There are so many positive aspects to being part of a group or community. Providing unique
opportunities for people to learn from each other and give support and encouragement are
an invaluable part of joining forces with our peers:

SUPPORT Being part of a community enables us to give support to other members. Being
supportive of others will help them to feel good and better about themselves. With so much
stress in the busy world we live in, there’s never been a more important time to help others
struggling with their mental and physical wellbeing.
INFLUENCE With community participation comes empowerment. When people feel
empowered, they feel a sense of control enabling them to influence positive change. It is
about making a difference to a group that matters to its members.
SHARING stimulates innovation and growth. Ideas breed new ideas. Apart from having
personal benefits of gaining knowledge and insight, sharing also contributes to the
community’s greater worth.
REINFORCEMENT can be an effective learning tool to encourage desirable behaviours
and provide motivation. A strong community will go beyond the immediate, basic needs
and ensure that fulfillment is a positive experience. By doing so, it builds positive rewards
and reinforcement for an enjoyable sense of togetherness.
CONNECTION An open bond with new connections is what builds valuable relationships,
and gives us a deeper sense of belonging. It helps us to reach our goals, and brings a sense
of security.
LEARNING/RESOURCES – communities are rich in resources. Having knowledge is a
unique resource and through its use, it increases in value.
PASSION having an outlet for passions gives people the opportunity to share a subject
they’re passionate about. This helps to spread confidence and encouragement to create new
things that they can share with others.

Our strengths may be someone else’s weaknesses

Being part of a shared space, whether physical or virtual, gives people the chance to be inspired,
solve problems, share humour, vent their frustrations and share their achievements. People who
stay within a community are the ones that agree passionately with its values and with these shared
beliefs, trust and togetherness, there’s no limit to what they can do for their community. Bringing
together like-minded people who are headed for the same goal undoubtedly, nurtures a rewarding
community.

Being part of a community gives us a sense of belonging. It enables us to share personal

relatedness and support perpetual growth of each other, ourselves and our environment.

A community can be anything from a physical place where geographically people connect, or via a
virtual space such as social media groups or private community platforms. Communities bring like-
minded people together with similar characteristics and common interests. Every community
operates with specific boundaries to meet the needs of that community.
 Relationship of the Community with
Other Pillars in the PCJS
Relationship of Community with Law Enforcement pillar

• Law enforcement is the activity of some members of government who act in an organized
manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who
violate the rules and norms governing that society. The term encompasses police, courts, and
corrections.

• Most law enforcement is conducted by some type of law enforcement agency, with the most
typical agency fulfilling this role being the police. Social investment in enforcement through such
organizations can be massive, both in terms of the resources invested in the activity, and in the
number of people professionally engaged to perform those functions.

• The Law enforcement’s relationship to the community

Strong relationships of mutual trust between police agencies and the communities they serve are
critical to maintaining public safety and effective policing. Police officials rely on the cooperation
of Community members (without the aid of the community there’s no knowing on what to do, who
to apprehend or take into custody for further interrogation due to not having anyone to cooperate
with you right?) community members provide information about crime in their neighborhoods, and
to work with the police to devise solutions to crime and disorder problems. Similarly community
members’ WILLINGNESS to

trust the police depends on whether they believe that police actions reflect community values and
(ALSO JUSTICE, “JUSTICE IS IMPORTANT”) incorporate the principles of procedural justice
and legitimacy.

Working with community members allows police and prosecutors to effectively reduce crime,
protect communities, and ensure justice. Law Enforcement Leaders support agency practice
changes to strengthen community relations. We support police departments’ collaboration with
neighborhood residents in developing policies that identify community problems and implement
solutions to produce meaningful results.

Similarly, we support prosecutors’ offices in adopting policies informed by community concerns

on crime. To better understand these concerns, prosecutors should work within communities and
encourage open dialogue on how best to serve neighborhoods.

To ensure effective implementation of these policies, Law Enforcement Leaders urges federal,
state, and local law enforcement agencies to train officers and prosecutors in procedural justice and
police legitimacy to more effectively engage with community members.

The community relies upon the police department to “protect and serve” and the police, in return,
rely upon community support and cooperation in order to be effective. When communication and
trust deteriorate, tensions build between the community and police and undermine their shared goal
of safer communities.

Communication is an active, not passive, process. It is not merely the provision of information or
demands to another, rather it is a process of engagement, of listening, of seeking out and
understanding what the other is trying to express. Where communities and police departments are
communicating successfully with each other, how are they doing it? What are specific cities doing,
either successfully or not so successfully? Are formal communications plans (at least between
police leaders and the community) the way to go? What process should be instituted that would
allow one group to understand the other so that trust might flourish?

LAW ENFORCEMENT AGENCIES OF THE PHILIPPINES:

• NBI (National Bureau of Investigations)

• PDEA (Philippine Drug Enforcement Agency)

• DILG (Department of the Interior and Local Government)

is the executive department responsible for promoting peace and order, ensuring public
safety, and strengthening the capability of local government units to effectively deliver
basic services to the citizenry.

• BJMP (Bureau of Jail Management and Penology)

is mandated to direct, supervise and control the administration and operation of all
district, city and municipal jails nationwide with pronged tasks of safekeeping and
development of inmates
• DOJ (Department of Justice)

the DOJ is the government's principal law agency. As such, the DOJ serves as the
government's prosecution arm and administers the government's criminal justice system
by investigating crimes, prosecuting offenders and overseeing the correctional system.

• NAPOLCOM (National Police Commission)

It has the authority to administer police entrance examination, to investigate police

anomalies and irregularities, and to summarily dismiss erring police officers.

• PNPMG (Philippine National Police Maritime Group)

To train, equip, mobilize, organize and manage resources for effective maritime law enforcement
and internal security operations;

To enforce all laws, rules, regulations and ordinances relative to the protection of lives, properties
and environment

• BI (Bureau of Immigration)

is principally responsible for the administration and enforcement of immigration,

citizenship, and alien admission and registration laws in accordance with the provisions
of the Philippine Immigration Act of 1940.

• PC (Philippine Constabulary)

(also known as Hukbong Pamayapa ng pilipinas) WAS A GENDARMERIE-TYPE POLICE

FORCE OF THE PHILIPPINES FROM 1901 to 1991 AND THE

PREDECESSOR OF THE PNP WHICH THEY enforce the law, prevent and control crimes,
maintain peace and order, and ensure public safety and internal security with the active support of
the community.

• INP (Integrated National Police)

assigned responsibility for public safety, protection of lives and property, enforcement
of laws, and maintenance of peace and order throughout the nation.
• DND (Department of National Defense)

mandated to safeguard the country against external and internal threats to national
peace and security, promote the welfare of soldiers and veterans, and provide support
for economic and social development.

• BOC (Bureau of Customs)

an attached agency of the Department of Finance. It is charged with assessing and

collecting customs revenues, curbing illicit trade and all forms of customs fraud, and
facilitating trade through an efficient and effective customs management system.

• OTS (Office for Transportation Security)

Exercise responsibility for transportation security operations including, but not limited
to, security screening of passengers, baggage and cargoes, and hiring, retention,
training and testing of security screening personnel.

• PNPASG (Philippine National Police Aviation Security Group)

are responsible in securing all the country’s airports against offensive and terroristic
acts that threaten civil aviation, in exercising operational control and supervision over
all agencies involved in airport security operations, and enforce all laws and regulations
relative to air travel protection and safety to all domestic and international airports in the
Philippines

• DDB (Dangerous Drugs Board)

was mandated to be the policy-making and coordinating agency as well as the national
clearing house on all matters pertaining to law enforcement and control of dangerous
drugs; treatment and rehabilitation of drug dependents; drug abuse prevention, training
and information; research and statistics on the drug
Relationship of Community with Prosecution Pillar

• The community is leaning on the premise that the prosecutor would be fighting not just for the
rights of the offended party violated, but for the rights of the entire members of the community as a
whole.

• Because the real offended party is the people of the Philippines

• The prosecutor needs the cooperation of the victim, the victim’s family, and of course the willing
and active participation of the witnesses, so that the prosecutor can successfully bring the offender
to justice.

Relationship of Community with Court Pillar

• The court is the organ of the government with the function of interpreting laws with the end of
administering justice.

• The community depends on the courts to ensure that justice is served.

• The court, in the performance of its function is criminal proceeding, must ensure that only the
guilty is punished and the innocent set free.

• To achieve this, the court needs witnesses to participate by giving their honest testimony in court
and by willingly giving a detailed account of what he knows regarding the crime.

• His testimony would help the judge in his determination of the guilt or innocence of the accused.

Relationship of Community with Corrections Pillar

• The task of rehabilitating the offender cannot be done by the government agencies in charge of
their custody.

• The help of families and loved ones of the convicted is needed to reinforce the need for her/him
to change.

• The process of reinforming an offender to become a better person, becomes easier if he believes,
he has a reason to change.

Community-based Corrections

• Parolees and probationers need the acceptance and trust of the people in the community;
therefore he/she can be restored as a useful and productive member of the community in which
he/she lives in.
 • work release, In prison systems, work release programs allow a prisoner who is sufficiently
trusted or can be sufficiently monitored to go outside the prison and work at a place
of employment, returning to prison when their shift is complete.

• study release, Study release allows inmates to participate in academic or vocational training
programs away from the correctional facility and not supervised by a correctional employee or an
agent of the Department of Correction, this make’s the community a more healthier and away from
adversity

• Furlough, a temporary leave of employees due to special needs of a company or employer, which
may be due to economic conditions of a specific employer or in society as a whole.

• Residential correctional facilities are non-secure facilities providing 24-hour supervision of

offenders. Offenders may leave the facility for approved purposes such as for job-seeking,
employment, or treatment. Residential correctional facilities house a number of different offender
populations:

• A halfway house is an institute for people with criminal backgrounds or drug abuse tendencies to
learn (or relearn) the necessary skills to re-integrate into society and better support and care for
themselves. halfway houses do reduce the recidivism rates of former residents, compared to ex-
offenders released directly into the community

• Pretrial services provide supervision for some arrestees prior to disposition of their criminal
charges, to ensure all court appearances and obligations are met.
 HISTORY OF COMMUNITY
Barangay
The History of Barangay
• History of the Barangay before Hispanization
When the first Spaniards arrived in the Philippines in the 16th century, they found well-organized
independent villages called barangays. The name barangay originated from balangay, a Malay
word meaning "sailboat".
• The first barangays started as relatively small communities of around 50 to 100 families. By the
time of contact with Spaniards, many barangays have developed into large communities. The
encomienda of 1604 shows that many affluent and powerful coastal barangays in Sulu, Butuan,
Panay, Leyte and Cebu, Pampanga, Pangasinan, Pasig, Laguna, and Cagayan River were
flourishing trading centers. Some of these barangays had large populations
• The original “barangays” were coastal settlements of the migration of these Malayo-Polynesian
people.
• The term barangay was adopted and barangay structure was defined in the modern context
during the administration of former President Ferdinand Marcos he was replacing the Spanish
term "barrio" and municipality council during the 20th century. President Ferdinand Marcos
renaming to barangays in the 1970s. The name survived the 1986 EDSA Revolution, though older
people would still use the term barrio. The Municipal Council was abolished upon transfer of
powers to the barangay system. Marcos used to call the barangay part of Philippine participatory
democracy, and most of his writings involving the New Society praised the role of baranganic
democracy in nation-building. The Barangays were eventually codified under the 1991 local
government code.
• In the present time the modern barangay is headed by elected officials, the topmost being the
Punong Barangay or the Barangay Chairperson. The Kapitan is aided by the Sangguniang
Barangay (Barangay Council) whose members, called Barangay Kagawad ("Councilors"), are also
elected.
The barangay is often governed from its seat of local government, the barangay hall.
• A tanod, or barangay police officer, is an unarmed watchman who fulfills policing functions
within the barangay. The number of barangay tanods differ from one barangay to another; they
help maintain law and order in the neighborhoods throughout the Philippines.
THE KATARUNGANG PAMBARANGAY or JUSTICE OF THE PEACE
-It is another important role of the community in the criminal justice system that was composed of
members commonly known as "Lupon Tagapamayapa" (Justice of the peace). Their Functions is
to conciliate and mediate disputes at the Barangay level so as to avoid legal actions before
resorting to filling of cases in the court.

There are 3 parts of katarungang pambarangay.

1.Conciliation by the baranagy captain-which they are the one to settle both parties situation if
both parties requested and agreed to access them to settle their problem cases.
2.Lupong tagapamayapa- is the body organized in every barangay composed of the punong
barangay as chairman and not less than 10 or more than 20 members from which members of
every pangkat shall be chosen. In this case if ever the barangay captain fails to settle the desputes
the matter shall be referred to the lupon.
The lupon shall be the residence or place of work in barangay. that has a good background and
able to settle the problems.
The lupon must not expressly be disqualified by the law from holding public office and specially
he doesn't have a record or history as an ex-convict.
3.Pangkat ng tagapagkasundo- it will focus on the specific case that are able to solve.And the
requisites of the barangay justice system is to make sure that both parties live in the same
barangay, but if ever they are not located in the same barangay they are not required to go to the
katarungang pambarangay but if ever they want to clear something they can do it if the both
parties agreed to each decisions.
And additional,only individual are able to complain to the katarungang pambarangay being the
compliat or the respondent only but when it comes in partnerships school coorporations it will not
able because it is the law of DOJ and direct to the court. And only minor offences that the
katarungang barangay to hold like slander, malicious mischief.
But if, the offense is worst it’ll only direct to the court like murder, homicide, robbery. The
katarungang pambaranagy will lead the disputes at the baranggay level so as they can avoid legal
actions before resorting to filling of cases in the court.
Brief History of Barangay

• Presidential Degree No. 1293

“creating a Katarungan Pambarangay commission to study the feasibility of resolving disputes at
the barangay level”

• Presidential Degree No. 1508 June 11, 1978 (repealed by R.A 7160)
“Establishing a system of amicably settling disputes at the barangay level”

- enacted on june 11,1978

- amicably settling disputes among family and barangay members at the barangay level without
judicial resources would promote the speedy administration of justice and implement the
constitutional mandate to preserve and develop filipino culture and to strengthen the family as a
basic social institution.
-discriminate filing of cases in the courts of justice contributes heavily and unjustifiably to the
congestion of court, causing a deterioration in the quality of justice.
(it means that the disagreement of families or kabarangay if it can be solve already on the
barangay level it will not add up to the pending cases in the court that can cause slow or
lowering the quality of justice like what the court group say justice delay is justice denied)
- in order to help relieve the courts of such docket congestion and thereby enhance the quality of
justice dispensed by the courts, it is deemed desiraboe to formally organize and institutionalize a
system of amicably settling disputes at the barangay level
- this is where the lupon tagapayapa comes which will be discuss by the next reporter later on.

• Republic Act No. 7160

“An Act Providing for a Local Government code of 1991”

- enacted into law, transferring control and responsible of delivering basic services to the
hands of local government units(LGU). it aimed to enhance provision of services in the grass roots
level as well as improve the efficiency in resource allocation.

General Powers and Attributes of Local Government Units section 17- Basic Services and
Facilities. Local government units shall endeavor to be self-reliant and shall continue exercising the
powers and discharging the duties and functions currently vested upon them
 Important Features of Katarungang
Pambarangay
Lupong Tagapamayapa

- The Lupong Tagapamayapa is an administrative body created by law to operationalize the

barangay justice system which is better known as the Katarungang Pambarangay. It is not in legal
contemplation a court. The Lupon or its Chairman and the Pangkat do not try cases and decide
cases which are the essence of the jurisdiction vested upon a court of law.

Pangkat Tagapagkasundo

- A Pangkat Tagapag Kasundo on the other hand, comprises of three (3) members coming from
the Lupon, and chosen by the parties concerned. Now, if the parties fail to agree on the members
of the Pangkat, then a draw lots will be done by the Lupon Tagapamayapa Chairman to determine
the members of the Pangkat. (Section 405, Local Government Code).

- It is the Pangkat which conducts barangay mediation after mediation efforts by the lupon
chairman fails (Section 410 (b), Local Government Code). So in a way, Pangkat is the second
attempt to arbitrate parties. The composition of Pangkat Tagapagkasundo differs on a case-to-case
basis.

Lupon (Jurisdiction)

Subject matters for amicable settlement. The Lupon of each barangay shall have authority to bring
together the parties actually residing in the same city or municipality for amicable settlement of all
disputes except:
1. Where on party is the government, or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the performance of
his official functions;
3. Offenses punishable by imprisonment exceeding 30 days, or a fine exceeding P200.00;
4. Offenses where there is no private offended party;
5. Such other classes of disputes which the Prime Minister may in the interest of justice determine
upon recommendation of the Minister of Justice and the Minister of Local Government.
Amicable Settlement

Venue for Amicable Settlement

• Disputes between or among persons actually residing in the same barangay shall be brought for
amicable settlement before the Lupon of said barangay. Those involving actual residents of
different barangays within the same city or municipality shall be brought inn the barangay where
the respondent or any of the respondents actually resides, at the election of the complainant.

• However, all disputes which involved real property or any interest therein shall be brought in the
barangay where the real property or any part thereof is situated. The Lupon shall have no authority
over disputes:
1. involving parties who actually reside in barangays of different cities or municipalities, except
where such barangays adjoin each other; and
2. involving real property located in different municipalities.

• Objections to venue shall be raised in the mediation proceedings before the Barangay Captain as
provided for in Section 4(b) hereunder; otherwise, the same shall be deemed waived. Any legal
question which may confront the Barangay Captain in resolving objections to venue herein referred
to may be submitted to the Minister of Justice who’s ruling thereon shall be binding.

Procedure for Amicable Settlement

• Any individual who has a cause of action against another individual involving any matter within
the authority of the Lupon may complain orally or in writing, to the Barangay Captain of the
barangay.

• Upon receipt of the complaint, the Barangay Captain shall, within the next working day summon
the respondent with notice to the complainant for them and their witnesses to appear before him for
a mediation of their conflicting interests. If he fails in his effort within fifteen (15) days from the
first meeting of the parties before him, he shall set a date for the constitution of the Pangkat.

• The Pangkat shall convene not later than three (3) days from its constitution, on the day and hour
set by the Barangay Captain, to hear both parties and their witnesses, simplify issues, and explore
all possibilities for amicable settlement. For this purpose, the Pangkat may issue summons for the
personal appearance of parties and witnesses before it.

• Refusal or willful failure of any party or witness to appear in compliance with the summons
issued may be punished by the city or municipal court and shall be reflected in the records of the
Lupon Secretary or in the minutes of the Pangkat Secretary and shall bar the complainant from
seeking judicial recourse for the same cause of action, and the respondent, from filing any
counterclaim.

• Willful failure or refusal without justifiable cause on the part of any Pangkat member shall result
in his disqualification from public office in the city or municipality for a period of one year.

• The Pangkat shall arrive at a settlement/resolution of the dispute within fifteen (15) days from
the day it convenes. This period shall, at the discretion of the Pangkat, be extendible for another
period which shall not exceed fifteen (15) days except in clearly meritorious cases.

Importance of Resorting to Amicable Settlement before going to the Police

• Both opposing parties, in accordance to Section 412 of RA 7160, must attempt to settle their
disputes amicably at the barangay level, before bringing the dispute to the police.

• The amicable settlement shall have the force and effect of a final judgment of a court upon the
expiration of ten (10) days from the date of settlement.
 Juvenile Justice System in The
Philippines
Juvenile delinquency

• Juvenile delinquency is the participation in illegal behavior by a minor who falls under a
statutory age limit (Siege, Welsh and Senna, 2007). Juvenile delinquency is defined as acts
committed by a juvenile that, if committed by an adult, would be a criminal act (Del Carmen and
Trulson, 2006). This means that when a minor or a child omits a criminal act, then this will be
considered as juvenile delinquency.

• Although there are many definitions of the term, these definitions have the following common
components: the person involved is a juvenile or minor, there is an act committed or behavior
demonstrated, and such act or behavior is against the law or rules of society. Therefore, Juvenile
delinquency may be simply defined as any act in violation of a law or any form of behavior that
does not conform to the standard of acceptable behavior in society committed by a minor.

• These acts or behavior also take the form of status offenses. A status offense is an act or behavior
that is considered wrong or improper when it is committed by a child or minor. It means that status
offenses are committed by a minor that is having a misbehavior or wrong hobby. and specially
violating laws. The term status here refers to the condition of the person as being a minor or child.
Status offenses are not necessarily illegal acts because not all status offenses violate any written
law. Status offenses involves conduct that would not be a crime if it were committed by an adult. In
other words, the actions are considered to be a violation of the law only because of the youth's
status as a minor. In addition to that, the most of influencing factors for juvenile delinquency tend
to be caused by mix of both genetic and environmental factors. However, these acts and behavior
do not conform to the standard of acceptable behavior for children, and therefore, they must be
controlled and corrected.

• Example of status offenses are running away from home, cutting classes in school, drinking
alcohol, smoking cigarettes, swearing or using bad language, showing disrespect to elders and
truancy. Truancy is defined as having unexcused absence from school for a period exceeding
twenty (20) days.

• There are two large contributing factors when it comes to juvenile delinquency, and these are
Parenting Style and Peer Group Association. Parenting Style refers to the psychological construct
representing standard strategies that parents use in their child rearing. An example would be, the
quality of parenting can be more essential than the quantity of time spent with the child, depending
on how the parents interact and spend time with their child. Parenting Style means that the behavior
of a child is molded based on how the parents raise their child. Peer Group is both a social group
and a primary group of people who have similar interests, age, background, or social status. These
groups are likely to influence the person's beliefs and behavior. Peer groups contain hierarchies and
distinct patterns of behavior. Peer Group means that the behavior of an individual can be
influenced by the people that surround them and the environment that they live in.

Juvenile delinquency committed by a child or minor

Juvenile is defined as a person below the age of majority and the word juvenile is
synonymous to the term’s youth, minor and child. So, any of the four words mentioned can be used
when pertaining to a person that is below the age of majority. To completely understand the
definition, the age of majority commences at the age of 18 years old. Before, the age of majority is
21 years old that’s why the debut age of men is 21 years old, but due to the amendment of Republic
Act No. 6809 it was lowered to 18 years of age, and was approved on December 13, 1989.

• The age of majority in the Philippines is eighteen (18) years old. This provided by Republic Act
6809, the law that lowered the age of majority from twenty-one (21) to eighteen years old (18).
This law took effect on December 13, 1989. This means that when a person reaches the age of
eighteen, he is already an adult and no longer a child.

• Therefore, the term minor refers to any persons who age is seventeen (17) years old and below.
The words juvenile, child, and youth are synonymous with the word minor and are used
interchangeably.

As for Delinquency, its definition refers to the disapproved behavior of minor. Delinquency
is Classified into 3 Types; Environmental, Emotionally Maladjusted and Psychiatric.
1. Environmental - This is characterized by a person infringing the set norms of society
occasionally or sometimes.
2. Emotionally Maladjusted - This is characterized by constantly deviating or turning
away from the normal pattern of rules and regulations of the community which
becomes a habit of a person.
3. Psychiatric - This is characterized by serious mental and emotional disorders. This
type of delinquency pertains to people that are mentally challenged that cause them
to commit wrongful acts because they can’t distinguish between right and wrong.

• If the person who behave is an unacceptable manner or who violated the law is a child or minor,
then he is a delinquent or a child in conflict with the law. But if the person who violated the law is
already an adult, then that person is called an offender.
 Therefore, Juvenile delinquency is the disapproved behavior of a child that leads him/her to
committing wrongful acts that is against the laws of the land. It also refers to the anti-social acts or
behavior of a child which does not conform with the standards of society, which is left unchecked
or neglected then it gives rise to criminality.

What causes Child, Juvenile Delinquency? (Important parts about Juvenile Delinquency’s causes)

Broken Family
- A teen adopts moral and ethical values from his parents and other family members. It goes
without saying that family plays a vital role in shaping a teen’s behavior and grooming his/her
personality. However, teens become violent or show signs of juvenile delinquency only when
they’re facing disturbance at home. Broken or disturbed families with bad relations can cause teens
to go astray and become violent. Single parents are often busy working, therefore they’re not able
to spend quality time with their children. This causes teens to seek attention from others, especially
their peers.

Lack of Communication
- Often lack of discourse in the family can lead children to find solace other than homes. When
they are not having any communication with their parents or family members at home, they may
lose unity, trust, and understanding, which can eventually lower their self-esteem or self-
confidence. Once they feel they’re losing their individuality, they tend to do things they shouldn’t
do to boost their self-confidence. They blindly follow their peers and adopt their unhealthy
lifestyles. They shoplift and consume drugs to look cool in the eyes of their peers.

Lack of Finance
- Young or adult, may lead to a wrong path to improve their financial conditions. Teens become
juvenile delinquents due to lack of finances. When they experience poor economic conditions, they
start engaging in the wrong activities. They may start selling drugs or steal things to improve their
economic conditions. Or even use the given money to them by a bystander or someone who has a
good heart who he/she felt pity for the kid and gave a few money to let them go buy something to
eat, or just simply buy solvent to alleviate their hunger.
 The Parens Patriae Philosophy
A doctrine that grants the inherent power and authority of the state to protect persons who are
legally unable to act on their own behalf.

• The term Parens Patriae is Latin for “Parents of the country”.

• It refers to the role of the state as sovereign and guardian of persons under legal disability
(Black`s Law Dictionary).

• It also refers to the traditional role of the state as a sovereign and guardian of person under legal
disability. Such as juveniles or the insane.

• It is a principle that the state must care fort those who cannot take care of themselves. Such as
minors who lack proper care and custody from their parents.

The need to control juvenile justice delinquency

• “Today`s delinquents are tomorrow`s criminals”. This quote means that the children or minors
that experience bad actions by their community, family, surroundings are bound to be criminals in
the future.

• This saying obviously warns us of the danger of delinquency if it is not controlled or addressed
timely. Studies have shown that children who have shown signs of aggressive behaviors and have
committed different forms of delinquency are at great risk of becoming serious law violators in the
future. If their undesirable behaviors and actions are not corrected, these behaviors might persist
until well into their adulthood.

• For example, there was a kid who always beaten by his father every time that he is drunk, he
always violently assaults and say inappropriate words to his kid. So, while the kid is growing up to
his adulthood, there is a probability that the child would adopt his father’s behavior. This can cause
the child to do all the things such as hurting people and expressing explicit words to others when he
grows up, and can even lead up to him committing criminal behavior. So, to control the minors,
from his childhood up to adulthood parents must give love, time, and education. Parents should
always give them parental guidance for them to teach their children what is right and wrong, what
is to do and what not to do. Always make the mind of the children fruitful and full of good advices
for them to have good pathway in life and also, they will adopt it as their guide and they can teach
and perform it to their future. Always love and cherish your children don't let yourself be eaten by
evil. Teach those people to have fate and faith in god in all times.

The juvenile delinquency prevention

• Refers to the effort aimed at preventing children or minors from committing delinquent acts,
anti-social behavior and ultimately, from getting involved in illegal and criminal activities at young
age.

As the saying goes” prevention is better than cure”, meaning it’s better to stop something
from happening, than correct it after it already started. We shouldn’t downplay children’s
misbehavior, because it can turn to bad to worse. For example, there is a child aging 10-12 years
old who always starts a fight with someone. If the parents always tolerate this kind of acts, the
child might go to extreme violence and might endanger other children’s lives be it physical, or
mental abuse just like how a single candle can burn numerous houses if neglected. We should teach
children at a young age what is right, and what is wrong. We know that these children can easily be
influenced by either their friends, or the environment they have. Prevention should always start at
home, parents must always start correcting their children if they had done something wrong, and
parents shouldn’t tolerate this kind of acts because in future they might do it again.

There are many more prevention for juvenile delinquency. These are some important key’s for
better prevention of Juvenile Delinquency:

EDUCATION
Model programs have assisted families and children by providing them with information. Some
programs inform parents on how to raise healthy children; some teach children about the effects of
drugs, gangs, sex, and weapons; and others aim to express to youth the innate worth they and all
others have. All of these programs provide youths with the awareness that their actions have
consequences. This is particularly important in an era where youth are barraged with sexual and
violent images. Educational programs have the underlying intent of encouraging hope and opening
up opportunities for young people.
RECREATION
One of the immediate benefits of recreational activities is that they fill unsupervised after-school
hours. The Department of Education has reported that youths are most likely to commit crimes
between 2 p.m. and 8 p.m., with crime rates peaking at 3 p.m. Recreation programs allow youths to
connect with other adults and children in the community. Such positive friendships may assist
children in later years. Youth programs are designed to fit the personalities and skills of different
children and may include sports, dancing, music, rock climbing, drama, karate, bowling, art, and
other activities.

COMMUNITY INVOLVEMENT
Girl scouts, boy scouts, church youth groups, and volunteer groups all involve youth within a
community. Involvement in community groups provide youth with an opportunity to interact in a
safe social environment.

PARENT-CHILD INTERACTION TRAINING PROGRAM

The "Parent-Child Integration Training Program" takes parents and children approximately 12
weeks to complete. It is designed to teach parenting skills to parents of children ages two to seven
who exhibit major behavioral problems. The program places parents and children in interactive
situations. A therapist guides the parents, educating them on how best to respond to their child's
behavior, whether positive or negative. The program has been shown to reduce hyperactivity,
attention deficit, aggression, and anxious behavior in children.

BULLYING PREVENTION PROGRAM

The Bullying Prevention Program is put into place in elementary and junior high school settings.
An anonymous student questionnaire fills teachers and administrators in as to who is doing the
bullying, which kids are most frequently victimized, and where bullying occurs on campus. Once
teachers and administrators have learned about how and where bullying occurs at their school, they
set up class rules and facilitate discussions that address the problem. Individual bullies and victims
receive independent counseling. The program succeeds in creating a safer, less hostile environment
for students at minimal cost.
FUNCTIONAL FAMILY THERAPY (FFT)
The Functional Family Therapy program helps adolescents on probation - and their families. A
family therapist works with the family and helps individual family members see how they can
positively motivate change in their home. The program works in three phases. During the first
phase, the therapist attempts to break down resistance to therapy and encourages the family to
believe that negative communication and interaction patterns can be changed. In the second phase,
family members are taught new ways to approach day-to-day situations; they are shown how to
change their behaviors and responses to situations. During the third phase, family members are
encouraged to move new relational skills into other social situations (school, or the workplace, for
instance). FFT reduces recidivism rates and juvenile delinquency at a low cost. Twelve FFT
sessions cost approximately one-sixth the cost of detaining a youth for one month. Another positive
effect of the program is that the siblings of the youth on parole are less likely to commit crimes
because of the help their family has received.
 Child Welfare and Juvenile Justice
System in the Philippines

• In the Philippines, the first juvenile justice system was provided by Act no. 1438 which was
enacted on January 11, 1906. This was succeeded by Act no. 3203, otherwise known as the
Juvenile Delinquency Law, enacted on December 3, 1924 and became effective on 1927. Soon
after, this was amended by Act no. 3559 on November 26, 192, then again by Article 80 of the
Revised Penal Code in 1932.

• Former President Ferdinand Marcos. Presidential decree 603, otherwise known as the child and
youth welfare code was issued. This law was approved on December 10, 1974. This defined who is
a youthful offender shall be processed in the justice system. But before the passage of this law,
youthful offenders were subjected to the provision of the Revised Penal Code, from which the
pertinent provisions of PD 603 on youthful offender were based. Accordingly, the age of criminal
liability was over nine years old, if the minor acted with discernment. But aside from the provisions
on youthful offenders, the law also contained other aspects of child welfare, such as adoption,
prohibitions against child abuse and child labor. From then on, various laws have been enacted to
supplement and amend certain provisions of PD 603

• There is the Mendicancy Law, or PD 1563, the law that prohibits exploitation of children by
forcing them into begging in the streets, which was enacted on June 11, 1987.

• Republic Act 7610, the Special Protection Against Abuse, Exploitation and Discrimination Act,
was enacted on June 17, 1992. This law defined the various crimes committed against children,
which include child prostitution and other sexual abuse, child trafficking, child pornography and
child labor. The provision of RA 7610 on child labor, or working children, were later amended by
RA 7658 which was approved on November 9.

• R.A 9231 AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF
CHILD LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING
CHILD, AMENDING FOR THIS PURPOSE REPUBLIC ACTNO. 7610, AS AMENDED,
OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION ACT

• R.A. 8552- AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC
ADOPTION OF FILIPINO CHILDREN AND FOR OTHER PURPOSES

• RA 8043 - The Inter-Country Adoption Board (ICABM) created by R.A. No. 8043 is the central
authority in matters relating to inter-country adoption of Filipino children. It is the same policy-
making and regulatory body responsible for the approval of all inter-country adoption applications
and placements.

• RA 9523 - Republic Act No. 9523 is the governing law. It requires the certification of the
Department of Social Welfare and Development (DSWD) to declare a child legally available for
adoption. ... Furthermore, it was signed into law by the President on 12 March 2009.

• The provision of RA 7610 on child trafficking were supplemented by RA 9208, otherwise known
as the Anti-trafficking in Persons Act of 2003, made into law on May 25, 2003. This law qualified
the crime of trafficking in person when the victim is a child.

• Another important legislation for the protection of children is RA 9262, otherwise known as the
Anti-Violence Against Woman and Their Children Act of 2004, approved in March8, 2004. This
law provides protection for children from abuses committed by their own parents and certain
relatives.

• Then in 2006, a new law was enacted which substantially repealed the provision of PD 603
regarding youthful offenders and juvenile justice. The law is RA 9344, otherwise known as the
Juvenile Justice Welfare Act of 2006. It was approved on April 28, 2006 and became effective on
May 14, 2006. One very important feature of the RA 9344 is the amendment of the minimum age
of criminal responsibility which paved the way for the Introduction of totally different procedures
to be followed.

• Pursuant to RA 9344, the minimum age of criminal responsibility was changed to over fifteen
(15) years old. If the minor acted with discernment. This law automatically exempts minors fifteen
(15) years of age and below from criminal liability. RA 9344 also introduced the system of
intervention and diversion as alternative to prosecution and imprisonment. Also, the procedures to
be followed are outlined, as well as the requirements and condition to be compiled with.

• The latest legislation pertaining to children is the Anti-Child Pornography Act of 2009, or RA
9775. It is the law that amended the provision of RA 7610 on obscene publication and indecent
shows. It aims to protect every child from the forms of exploitation and abuse through the use of
child in pornographic performances and materials and the inducement or coercion of the child to
engage or to be involved in pornography.