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Bataan Heroes College

Juvenile Delinquency and


Juvenile Justice System
Prepared by
LIAN CARLA C. LUZONG

Criminology Department

This module or any portion thereof may not be reproduced or used in any manner
whatsoever without the express written permission of the publisher except for educational
purposes but with a citation to this source.

For Permission : Contact Bataan Heroes College, Roman Super Hi-way, Balanga City,
Bataan, Philippines
Course Information
Course Title : Juvenile Delinquency and Juvenile Justice System
Program : BS Criminology
Course Code : Criminology 5
Credit Units : 3 Units
Pre-requisite/s : Criminology 1

Instructor Information
Name: Lian Carla C. Luzong

Contact Information

a. Number : 09774622204

b. Facebook Page : https://web.facebook.com/liancarla.luzong.5

c. Email : liancarla.lusong@heroes1979.edu.ph

Course Purpose and Description


This course deals with the etiology of delinquent, deviant behavior and factors that causes
juvenile delinquency; measures for deterrence and control of teenage crime; recognize the
various laws and provisions that protect the rights and welfare of children; theories of crime and
delinquency; the role of different agencies in handling child in conflict with the law; influence of
community institution; models of juvenile justice system in different perspective and its
relationship to Philippine Criminal Justice System as a whole; and the laws in relation to
Juvenile Delinquency.

Course Schedule

Intended Period Covered Assessment Learning Topic, Content


Learning Methods /Practice Delivery/Exploratio
Outcomes Activities n Methods
Explains the Week 1 Performance Multi Media  Definition of
general concept Task, Presentation Juvenile
of Juvenile Oral Recitation, Lecture Delinquency
Delinquency Essay Writing, Interactive  History of
including the Quizzes thru Discussion Juvenile
history of Google Forms Delinquency
Juvenile  Personalities in
Delinquency and relation to
the factors Juvenile
affecting Delinquency
Juvenile  House of
Delinquency Corrections for
Juvenile
Delinquent
 Significant
Cases
Concerning
Juvenile
Delinquency
 Types of
Delinquent
Youth
 Different
Approach
Toward
Delinquency
 Causes of
Behavioral
Disorders
Factors Affecting
Juvenile
Delinquency
Explain the Week 2 Performance Multi Media Salient Features of
existing laws Task, Presentation PD 603
and its salient Oral Recitation, Lecture
provisions Essay Writing, Interactive
related to Quizzes thru Discussion
juvenile Google Forms
delinquency and
state the purpose
of each laws
Week 3 Written and Oral Midterm
Test Assessment
Demonstrate the Week 4 Performance Multi Media Salient Features of
knowledge on Task, Presentation R.A. No. 9262
the laws that Oral Recitation, Lecture
protects the right Essay Writing, Interactive
and welfare of Quizzes thru Discussion
the minor Google Forms
Explain the Week 5 Performance Multi Media  Important
existing laws Task, Presentation Features of
and its salient Oral Recitation, Lecture Republic Act
provisions Essay Writing, Interactive No. 7610
related to Quizzes thru Discussion
juvenile Google Forms
delinquency and
state the purpose
of each laws
Explain the Week 6 Performance Multi Media  Marriage and
Legal concept of Task, Presentation Adoption
Marriage, Oral Recitation, Lecture  Paternity And
Adoption, Essay Writing, Interactive Filiations
Paternity and Quizzes thru Discussion
Filiation Google Forms
•Explain the Week 7 Multi Media  Salient
Juvenil Justice Presentation Provisions of
Law and identify Lecture Republic Act
the proper Interactive 9344
procedures in Discussion
handling Child
in Conflict with
the law.
Explain the Week 8 Performance Multi Media Salient Provisions
Juvenil Justice Task, Presentation of RA 10630
Law and identify Oral Recitation, Lecture
the proper Essay Writing, Interactive
procedures in Quizzes thru Discussion
handling Child Google Forms
in Conflict with
the law.
Week 9 Written and Oral Final Assessment
Test
Module No. 2
RELATED PHILIPPINE LAWS
AFFECTING CHILDREN & SALIENT
PROVISIONS OF PD 603

LIAN CARLA C. LUZONG


Department of Criminology
Learning Objectives
1. Explain the different laws related to juvenile delinquency and state the purpose of each
laws
2. Explain the Salient Provision of PD 603

RELATED PHILIPPINE LAWS AFFECTING CHILDREN


 PD 603
It is known as the “Child and Youth Welfare Code”. It was approved on December 10,
1974 and took effect on June 10, 1975.

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

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

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

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

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

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

 R.A. 8552
An act establishing the rules and policies on the domestic adoption of Filipino children or
also known as “Domestic Adoption Act of 1998.”
 R.A. 8043
An act establishing the rules to govern inter-country adoption of Flipino children or also
known as “Inter-Country Adoption Act of 1995.”
 R.A. 6972
Barangay Level Development and Protection of Children Act Creation of a Day-Care
Center in energy barangay.
 R.A. 9255
An Act allowing illegitimate children to use the surname of their father amending for
purpose Art. 176 of E.O. 209 otherwise known as the “Family Code” of the Philippines.   
 REPUBLIC ACT No. 9523 
An act requiring certification of the Department of Social Welfare and Development
(DSWD) to declare a "Child Legally Available For Adoption" as a prerequisite for adoption
proceedings, amending for this purpose certain provisions of Republic Act No. 8552, otherwise
known as the Domestic Adoption Act of 1998, Republic Act No. 8043, otherwise known as the
Inter-Country Adoption Act of 1995, Presidential Decree No. 603, otherwise known as the Child
and Youth Welfare Code, and for other purposes.
SALIENT PROVISIONS OF PD 603

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

Special Categories of Children

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

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

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

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

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

(a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter.
A child is unattended when left by himself/herself without proper provisions and/or without proper
supervision.

(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited,
overworked, or made to work under conditions not conducive to good health; or is made to beg
in the streets or public places; or when children are in moral danger, or exposed to gambling,
prostitution, and other vices.
I. Mentally Retarded Children
Mentally retarded children are:
(1) socially incompetent;
(2) mentally subnormal;
(3) retarded intellectually from birth or early age;
(4) retarded at maturity;
(5) mentally deficient as a result of constitutional origin, through hereditary or disease, and
(6) essentially incurable.
Classification of Mental Retardation
Mental Retardation is divided into four classifications:
1. Custodial Group. The members of this classification are severely or profoundly retarded,
hence, the least capable group. This includes those with I.Q.s to 25.

2. Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about
50; one who belongs to this group shows a mental level and rate of development which is 1/4
to 1/2 that of the average child, is unable to acquire higher academic skills, but can usually
acquire the basic skills for living to a reasonable degree.

3. Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual
development is approximately 1/2 to 3/4 of that expected of a normal child of the same
chronological age. Many of the educable retardates may reach 5th or 6th grade educational
level and can develop occupational skills which may result in partial or complete economic
independence in adulthood.
4. Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from
about 75 to about 89. The members of this classification are only slightly retarded and they can
usually get by in regular classes if they receive some extra help, guidance and consideration.

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

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

IV. Mentally Ill Children. - Mentally ill children are those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require professional help or hospitalization.
What is Parental Authority (Patria Potestas)?
Refers to the sum total of the rights of the parents over the person and property of their un-
emancipated child. The exercise of which has no distinction between a legitimate and an illegitimate child.

Take Note: Parental authority shall be exercised jointly by the parents of the child. In the case of
disagreement, the father’s decision shall prevail unless there is a judicial order to the contrary. In case of
separation of his parents, no child under seven years of age shall be separated from his mother unless the
court finds compelling reasons to do so (PD 603 as amended by EO 209 or the Family Code).
SUBSTITUTE PARENTAL AUTHORITY
In default of parents or a judicially appointed guardian, the following person shall exercise
substitute parental authority over the child in the order indicated:
(1) The surviving grandparent;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified. (PD 603 as
amended by EO 209 or The Family Code).
Take Note: Emancipation means freedom from parental authority over persons and property of the child.
Emancipation takes place by the attainment of age of majority which is 18 years old.
What is Parental Responsibility?
The sum total of the duties and obligations of parents over their minor children.
Liabilities Of Parents
parents and guardians are responsible for the damage or injury caused by the child under their
parental authority
Classifications of Child and Youth Welfare Agencies
Public and private child welfare agencies providing encouragement, care, and protection to any
category of children and youth whether mentally gifted, dependent, abandoned, neglected, abused,
handicapped, disturbed, or youthful offenders, classified and defined as follows, shall be coordinated by the
Department of Social Welfare:
1. Child-caring Institution - one that provides twenty-four resident group care service for the physical,
mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected,
handicapped or disturbed children, or youthful offenders.
An institution, whose primary purpose is education, is deemed to be a child-caring institution when
nine or more of its pupils or wards in the ordinary course of events do not return annually to the homes of
their parents or guardians for at least two months of summer vacation.
2. Detention Home – A twenty-four hour child-caring institution providing short term resident care for
youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.

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

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

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

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

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

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

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

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

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