SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS

CRIM 5. JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM

5.1 NATURE, EXTENT, AND THEORIES OF JUVENILE DELINQUENCY

NATURE OF JUVENILE DELINQUENCY

• Before the twentieth century, little distinction was made between adult and juvenile offenders.
• However due to the international consciousness of the problems of youth the concept juvenile
delinquency emerged was derived from, and operated under the philosophy of PARENS PATRIA (literally
means, “the state is the father”).
• This doctrine views minors who engage in extralegal behavior as victims of improper care, custody and
treatment at home. Illegal behavior is a sign that the state should step in and take control of the youths
before they commit more serious crimes.
• The state through its juvenile authorities must act with the best interest of the child.

DEFINITION OF TERMS
Delinquency
- an anti-social behavior or act which does not conform with the standards of society
- youth behavior which is against the norms and regulations of society which if left unchecked would give
rise to criminality
- describes a large number of disapproved behavior of children or youth
- anti-social acts or behavior of children which deviate from the normal pattern of rules and regulations,
custom and culture which society does not accept and which therefore justify some kind of admonition,
punishment or corrective measures in the public interest

Juvenile
- 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 the age of majority, that is, below eighteen years old

Age of majority
- majority commences at the age of eighteen (18) years

Emancipation
- freedom from parental authority, both over his person and property
- happens upon reaching the age of eighteen years

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

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 violated the approved norms of conduct and is guilty of a
misdeed

Status offense
- certain acts or omissions which may not be punishable socially or legally if committed by adults but
become anti-social or illegal because the offender is a minor, such as:
a) truancy, or frequent, unreasonable absenteeism from school
b) use of profane language
c) running away from home
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 d) smoking and drinking alcoholic beverages
e) disobedience to parents, guardians or school officials
f) mendicancy or begging in the streets
g) 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 acts as criminal violation, thus making delinquents
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

THREE TYPES OF DELIQUENCY

1) ENVIRONMENTAL DELINQUENTS
- characterized by occasional law-breaking

2) EMOTIONALLY MALADJUSTED DELINQUENTS

- characterized by chronic law-breaking, a habit which this type cannot avoid or escape from

3) PSYCHIATRIC DELINQUENTS
- characterized by serious emotional disturbances within the individual and in some cases
associated with tendencies towards mental illness
-
TYPES OF DELINQUENT YOUTH
1) SOCIAL
- an aggressive youth who resents authority of anyone who makes an effort to control his behavior

2) NEUROTIC
- one who has internalized his conflicts and is preoccupied with his own feelings

3) ASOCIAL
- one whose delinquent acts have a cold, brutal and vicious quality for which the youth feels no remorse

4) ACCIDENTAL
- one who is essentially sociable and law-abiding but happens to be at the wrong time and place and becomes
involved in delinquent acts not typical of his general behavior

DIFFERENT APPROACHES IN THE STUDY OF DELINQUENCY

 BIOGENIC APPROACH
o gives an explanation that law violations and delinquency are a result of some physical defects

 PSYCHOGENIC APPROACH
o argues that the critical factors in delinquency are personality problems to which misbehavior is
presumed to be the response

 SOCIOGENIC APPROACH
o attributes delinquency pattern to social structures

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 o views youthful misdeed as a result of a learning process through interactions with other members
of society
o

DIFFERENT THEORIES CONCERNING DELINQUENCY

Two Competing World Views of Delinquency: Classical View and Positivist View

Classical Theory include the following:

- Cesare Beccaria – leader of the classical school.

- Believed that delinquency was the result of free will. Consequently, they advocated harsh and
immediate punishments so that offenders would be “unwilling” to commit future crimes.
- The popularity of the classical approach was in part responsible for the development of the prison as an
alternative to physical punishment and eventual creation of criminal sentence.
- Some choose to commit crimes; example: Youths who decide to become drug dealers weigh and
compare the possible benefits such as cash to buy luxury items, with potential penalties , such as
arrest followed by a long stay in a juvenile facility.
- Those who break the law should be punished according to penalties established in the law;

Positivist View include the following:

- Cesare Lombroso – leader of the positivist world view. An Italian physician who studied the brain of
criminals. He has been called as the father of Modern Criminology.
- Lombroso maintained that:
- Criminals were born with a predisposition to crime;
- Needed exceptionally favorable condition in life to avoid criminal behavior;
- An individual action is determined not by free will but by biological and cultural factors. Focus is on the
criminal .
- Believed that delinquent behavior is the result of youth’s biological make up and life experiences, fell
treatment should include altering one or more factors that contribute to unlawful behavior.

RATIONAL CHOICE THEORY

- based on the classical school of criminology that views an individual as having free will in choosing
his actions and that he calculates what he will gain or lose if he commits an act
- views the delinquent as a motivated offender who breaks the law because he or she perceives an
abundance of benefits and an absence of threat

BIOLOGICAL THEORIES
- Creatures or species are influenced by their generic inheritance and their innate need to survive
and dominate others.
- Believed that it is the interaction between predisposition and environment that produces
delinquency.
- Example: youths who suffer both physical and social handicaps and who also lack of social
supports, are the ones who become early onset offenders and persist in a life of crime.

BIOSOCIAL OR TRAIT THEORIES

- based on the view that both thought and behavior have biological and social bases
- contemporary explanation of the biogenic approach
- has three sub-theories: biochemical, neurological and genetics

1) BIOCHEMICAL
- views that crime and delinquency, especially violence, are the result of diet, vitamin intake,
hormonal imbalance and other biological causes

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 2) NEUROLOGICAL
- explains that crime and delinquency occur because the individual suffers from brain impairment or
abnormality in the structure of the brain
- learning disabilities such as attention deficit/hyperactive disorder and minimum brain dysfunction
are related to antisocial behavior

3) GENETIC
- 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

PSYCHOLOGICAL THEORIES
- views delinquency as a result of emotional and mental disturbance of the individual
- contemporary explanation of the psychogenic approach
- has three sub-theories: psychodynamic, behavioral and cognitive

1) PSYCHODYNAMIC THEORY
- based on the psychoanalytic theory of Sigmund Freud
- delinquency is the result of the imbalance of the three components of personality: id, ego and
superego
- delinquency is the product of the abnormal personality structure formed in early life and which
thereafter controls human behavior choices

2) BEHAVIORAL THEORY
- believes that individuals learn by observing how people react to their behavior
- behavior is reinforced by some positive reaction, and behavior is extinguished if punished -
misbehavior of children if left unchecked will persist until adolescence

3) COGNITIVE THEORY
- views that delinquency is a result of the faulty perception and analysis of data of an individual
- believes that when an individual make decisions, he engages in a sequence of cognitive thought
processes:
1) he first encodes the information so that it can be interpreted;
2) then, he searches for a proper response and decide upon the most appropriate action;
3) finally, he acts on his decision
- delinquency-prone adolescents may have cognitive deficits and use information incorrectly when
they make decisions

SOCIOLOGICAL THEORIES
- views delinquency as a product of the different social factors and dynamics
- has four groups of theories which in turn contain several sub-theories: social structure theories,
social process theories, social reaction theories and social conflict theories

1) SOCIAL STRUCTURE THEORIES

- hold that delinquency is a function of a person’s place in the economic structure

2) SOCIAL PROCESS THEORIES

- view delinquency as a result of poor or faulty socialization or upbringing

3) SOCIAL REACTION THEORIES

- view delinquent acts and criminality as products of stigma and labeling

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 4) SOCIAL CONTROL THEORIES
- maintain that everyone has the potential to become a criminal but most people are controlled by
their bonds to society

5.2 FACTORS AND CAUSES OF JUVENILE DELIQUENCY

1) 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

TYPES OF FAMILY STRUCTURE:

1) NUCLEAR FAMILY - consists of father, mother and children
2) EXTENDED FAMILY - consists of father, mother, children, grandparents, uncles and aunts,
cousins, nephews and nieces, and in-laws
3) CONJUGAL FAMILY - consists of the husband and wife
4) JOINT FAMILY - married children within their spouses and children living in one residence
5) HOUSEHOLD - several people may or may not related to one another having the same residence and
share responsibilities.
6) TRUNCATED – grandparent grandchildren relationship. The grandparents substitute the authority
of the parents acts as surrogate parents.

Ideally, a home must have the following:

a) structural completeness - presence of both father and mother
b) economic security - capability to provide for the basic needs and wants
c) cultural conformity - typical family beliefs and practices
d) moral conformity - moral uprightness, Christian way of living
e) physical and psychological normalcy
f) emotional adequacy - affection, support, love and care between faulty members

Factors in the home life that may cause delinquency:

a) faulty development of the child
b) lack of parental guidance
c) parental rejection
d) broken homes
e) lack of love
f) unfair treatment
g) too harsh discipline by either or both parents
h) too much leniency by either or both parents
i) unfavorable parental example

MARRIAGE (wedlock) – special contract of permanent union between a man and a woman entered into for
purposes of establishing conjugal and family relation.
Kinship – human relation whether by blood (biological) or by marriage (affinity)

Forms of Marriage
Monogamy – one marriage
Polygamy – having more than one marriages
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 Polygyny – marriage of one man with two or more wives
Polyandry – marriage of one woman with two or more husbands.

2) 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

Instances of deviant conduct attributed to school inadequacy:

a) failure of teachers to detect and address problems of children and report such problems to
the parents
b) poor academic atmosphere
c) membership in school gangs or development of friendships with the wrong crowd
d) lack of facilities for curricular and extra-curricular activities
e) failure of teachers in character development of the students
f) failure to actually finish school, resulting to being out-of-school youths with a lot of time to
waste and do unproductive activities
g) failure to get gainful employment due to lack of sufficient education

3) ENVIRONMENT
- the culture, norms and behavior of the child’s surroundings may very well influence the upbringing of the
child especially during their formative years and such misbehavior learned is likely to be carried on until the
child’s maturity

Some of the behavior modification by means of imitation as brought about by environmental influence:
a) rampant drug addiction
b) vices such as gambling and drinking alcoholic beverages
c) association with criminal groups or gangs
d) too much exposure to sex and violence in movies, television, print and internet

5.3. PARENTAL RIGHTS, RESPONSIBILITY, AND DISCIPLINARY AUTHORITY OVER THEIR CHILDREN

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 an 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 SEVEN (7) YEARS OF AGE shall be separated
from his mother unless the court decides otherwise

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

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:
1) grandparents
2) oldest brother or sister at least 21 years of age
3) relative who has actual custody of the child/guardian duly 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
- shall commence from the moment of conception, thus all children shall have the right to be born
and the right to live

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

KINDS OF ABORTION
1) CRIMINAL ABORTION
- classified as intentional or unintentional as provided by the Revised Penal Code
- - punishable by law

2) THERAPEUTIC ABORTION
- recommended and performed by a certified physician when there are health risks and
complications
- not punishable by law

CATEGORIES OF CHILDREN
1) 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

2) ABANDONED
- one who had no proper parental care or guardianship or whose parents or guardians have deserted
him for a period of at least six consecutive months (PD 603)
- refers to a child who has no proper parental care or guardianship, or whose parents have deserted
him or her for a period of at least three (3) continuous months (RA 9523

3) NEGLECTED
- one whose basic needs have been deliberately unattended or inadequately attended

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 - a child is unattended when left by himself without provision for his needs and without proper
supervision
- neglect may occur in two ways:
a) physical neglect o Malnourishment, untidy and damaged clothing, no shelter b) emotional
neglect
o maltreated, raped, seduced, abused, exploited, made to work under conditions not conducive to
good health or placed in moral and physical danger

4) 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

5) PHYSICALLY-HANDICAPPED
- crippled, deaf-mute, blind and other conditions which restrict their means of action or
communication with others

6) EMOTIONALLY-DISTURBED
- 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
- may be caused by traumatic experiences

7) 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

8) DISABLED
- includes mentally-retarded, physically-handicapped, emotionally-disturbed and mentally-ill children

5.4. RIGHTS, WELFARE, AND PROTECTION OF CHILDREN UNDER APPLICABLE LAWS

DEVELOPMENT OF JUVENILE JUSTICE IN THE PHILIPPINES

1) PD 603 – Child and Youth Welfare Code
2) Ra 7610 – Anti-Child Abuse Law
3) RA 6809 – law amending the age of majority
4) RA 8552 AND RA 8043 – laws on adoption
5) RA 9208 – Anti-Trafficking in Persons Act
6) RA 9231 – law amending RA 7610 on working children
7) RA 9255 – law on the use of father’s surname of illegitimate children
8) RA 9262 – Anti-Violence Against Women and their Children
9) RA 9523 – law amending the laws on adoption. the law giving DSWD the sole authority to issue the certification
declaring a child legally available for adoption
10) RA 9344 - Juvenile Justice and Welfare Act
11) RA 9775 – Anti-Child Pornography Act

IMPORTANT PROVISIONS OF PD 603

PD 603 – THE CHILD AND YOUTH WELFARE CODE

- approved on 10 December 1974
- effectivity date is 10 June 1975 (six months after approval)

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 - shall apply to persons under eighteen (18) years of age

IMPORTANT PROVISIONS 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 provisions 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

1) CRUELTY – refers to any word or deed which debases, degrades or demeans the intrinsic worth and
dignity of the child as human being
2) PHYSICAL INJURY – includes but is not limited to lacerations, fractured bones, burns, internal injuries,
severe injuries, or serious bodily harm suffered by a child
3) PSYCHOLOGICAL INJURY – means harm to a child’ psychological or intellectual functioning which may
be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior
4) 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
5) 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:

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

OBSCENE PUBLICATIONS 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 ZONES 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 other 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

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 IMPORTANT PROVISIONS OF RA 9208

RA 9208 – ANTI-TRAFFICKING IN PERSONS 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 victim’s consent
or knowledge within or across 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 a 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 the
preceding paragraph

QUALIFIED TRAFFICKING IN PERSON

1) When the trafficked person is a child;

2) When the adoption is effected through RA 8043 and said adoption is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
3) When the offender is an ascendant, parent, sibling, guardian or a person who exercised authority over the
trafficked person or when the offense is committed by a public officer or employee

FORCED LABOR AND SLAVERY

- 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 purposes

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 PROVISIONS OF THE LAWS ON ADOPTION

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

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- the acknowledgment of the father of his relationship with the child

- also called paternity

BIOLOGICAL CHILD
- natural-born child of the parents

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

FOUNDLING
- refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown

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)

VOLUNTARILY-COMMITTED CHILD
- one whose parents or legal guardian knowingly and willingfully relinquished parental authority to the
DSWD or any duly accredited child-placement or child caring agency or institution

CHILD-CARING AGENCY OR INSTITUTION

- refers to a private non-profit or government agency duly accredited by the DSWD that provides twenty-
four (24) hour residential care services for abandoned, neglected, or voluntarily committed children (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

WHO MAY ADOPT:

1) any Filipino citizen of legal age at least sixteen (16) 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
2) any alien possessing the same qualifications as that of a Filipino citizen, who has been living in the
Philippines for at least three (3) consecutive years, and whose country has diplomatic relations with the
Philippines

WHO MAY BE ADOPTED:

1) any person below eighteen (18) years of age judicially declared available for adoption
2) the legitimate son or daughter of one spouse by the other spouse

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 3) an illegitimate son or daughter by a qualified adopter to improve his or her status to that of legitimacy
4) 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
5) a child whose adoption has been previously rescinded
6) a child whose biological or adoptive parents has died, but proceedings may only be initiated after six (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 six (6) months

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

GROUNDS FOR RESCISSION OF ADOPTION

1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling 2) attempt on
the life of the adoptee
3) sexual assault or violence
4) 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 foreigner 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 purposes of carrying out the provisions of RA 8043, in
consultation and coordination with the DSWD
- headed by the Secretary of the DSWD as ex officio chairman and six (6) members to be
appointed by the President, with a term of office of six (6) years

WHO MAY ADOPT:

1) any alien or a Filipino citizen permanently residing abroad
2) at least twenty-seven (27) years of age
3) 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
4) coming from a country with whom the Philippines has diplomatic relations
5) possesses all the qualifications provided in other applicable Philippine laws

WHERE TO FILE APPLICATION

- shall be filed either with:
a) the Philippine Regional Trial Court; or
b) the Inter-Country Adoption Board, through an intermediate agency in the country of the
prospective adoptive parents

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SUPERVISED TRIAL CUSTODY
- shall be at least six (6) months

IMPORTANT PROVISIONS OF RA 9523

RA 9523 – the law giving DSWD the sole authority to issue the certification declaring a child legally available for
adoption
- amended provisions of RA 8552 and RA 8043
- approved on 12 March 2009

IMPORTANT PROVISIONS OF RA 9208

RA 9208 – ANTI-TRAFFICKING IN PERSONS 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 victim’s
consent or knowledge within or across 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 a 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
the preceding paragraph QUALIFIED TRAFFICKING IN PERSON

1) When the trafficked person is a child;

2) When the adoption is effected through RA 8043 and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
3) When the offender is an ascendant, parent, sibling, guardian or a person who exercised authority over
the trafficked person or when the offense is committed by a public officer or employee

FORCED LABOR AND SLAVERY

- 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 purposes

DEBT BONDAGE

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 - 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 PROVISIONS OF RA 9231

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

- amendatory law to RA 7160 and RA 7658
- amended the provisions of RA 7160 regarding working children
- approved on 19 December 2003

Children below fifteen (15) years of age shall not be employed, except:

1) 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
2) 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

WORKING HOURS
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)

PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN ADVERTISEMENTS

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

IMPORTANT PROVISIONS OF RA 9262

RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 -

approved on 8 March 2004

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 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 a woman or her child

PSYCHOLOGICAL VIOLENCE
- refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as
but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, 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

IMPORTANT PROVISIONS OF RA 9775

REPUBLIC ACT 9775 – the ANTI-CHILD PORNOGRAPHY ACT OF 2009

- the law that amended the provisions 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 to 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

SYNDICATED CHILD PORNOGRAPHY

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

5.5. JUVENILE DELINQUENCY PREVENTION PROGRAM

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 A. Education – assisted families and children by providing them with information. Inform parents on how
to raise healthy children, some teach children about the effects of drugs, gangs, sex, and weapons.
Educational programs, have the intent of encouraging hope and opening up opportunities for young
people.

B. Recreation – allows youths to connect with other adults and children n the community. One of the
immediate benefits of recreational activities is that they fill unsupervised after-school hours. Recreational
programs fit to the personalities and skills of children may include sports, dancing, music, rock climbing,
drama, karate, bowling, art and other activities.

C. Community Involvement – girl scouts, boy scouts, church youth groups, and volunteer groups all
involve youth within a community. This provides youth with an opportunity to interact in a safe social
environment.

D. Prenatal and Infancy Home Visitation by Nurse – Nurses involved in this program pay visits to low
income, single mothers between their third trimester and the second year of their child’s life. During this
visit, nurses focus on the health of the mother and child, the support relationships in the mother’s life, and
the enrollment of the mother and child in Health and Human Services programs.

E. Parent-Children Interaction Training Program – Designed to teach parenting skills to parents of children
ages two to seven who exhibit major behavioral programs. A therapist guides the parents, educating them
on how best to respond to their child’s behavior, whether positive or negative.

F. Prevention Programs within the Juvenile Justice System. A youth entering the Juvenile Justice System
has the opportunity to receive intervention assistance from the State. In the care of the State, a youth may
receive drug rehabilitation, counseling, and educational opportunities. The success of the Juvenile Justice
System is measured by how well it prepares youth to re-enter the community without committing further
crimes. Optimally, all juvenile detention facilities would catch youth up on their education, provide them
with job training, give them the experience of living in a safe, stable environment, and provide them with
help to break harmful habits.

G. Active Religious Participation – The dynamic involvement in religious activities is one of the strongest
tools concerning delinquency prevention.

H. Kill Substance abuse – Illegal drug use, alcohol abuse and cigarettes exploitation are just some of the
reasons leading the youth to become futile in the society they live in.

I. Family Counseling or Family Therapy – Address to specific issues affecting the health and functioning
of a family. Used to help a family through a difficult period, a major transition, or mental or behavioral
health problems in family members.

J. Youth Mentoring – One of the most widely used approaches for engaging in youth who experience
additional vulnerability or adversity, and are in need of positive adult support. Ensures that a youth has at
least one supportive person in their life that can encourage growth and development, and serve as a
connection to needed resources.

K. Parenting Education – Refers to any deliberate effort to help parents be more effective in caring for
children because parents play a vital role in development of children and that it is possible to help parents be
more effective through training and education.

L. Youth Sheltering – Providing homeless youths and families with shelter, food, and support with accessing
community resources in order to break the cycle of homelessness.

5.6. MODELS OF JUVENILE JUSTICE SYSTEM

Historically, the two most influential theoretical models of juvenile justice have been the welfare model and the
justice model.

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 1. The ‘Welfare Model’ - Adopts a positivistic approach that is based on the assumption that juvenile
wrongdoing is the product of social or environmental factors for which the young person cannot be held
individually responsible. Accordingly, the primary goal of the youth justice system is to provide appropriate
help or treatment for offenders, rather than punishment. Indeed, young people who are vulnerable or in
trouble are considered to be in need of protection from the potentially harmful and corruptive influences of
the adult world, including the adult criminal justice system. The welfare model emphasized the
rehabilitation needs of the offender.

2. The ‘Justice Model’ In contrast to the positivism of the welfare model, the ‘justice model’ espouses a
‘classicist’ approach that is based on the assumption that even young people are – with certain limited
exceptions –endowed with free will. Because they are considered to be responsible for their actions, it is
felt acceptable for them to be held accountable in law for what they have done, which means that the
primary focus is on the ‘deeds’ of the child rather than their welfare ‘needs’. The justice model
emphasized due process and accountability

3. The ‘restorative justice model’ is based on a radically different set of assumptions about the concept of
crime itself, the relationship between offenders, victims, citizens and the state, and also about the most
appropriate ways of responding to crime. This model encourages offenders to accept responsibility for
their criminal behavior and its consequences for others. One of the key features of the model is the
involvement of victims in dealing with the offense. It does not overlook rehabilitation and punishment but
places them in the context of individuals taking responsibility for their actions.

5.7. PROVISIONS OF RA 9344 AS AMENDED AND OTHER RELEVEVANT AND APPLICABLE LAWS AND
UN DECLRATION

PHILIPPINE JUVENILE JUSTICE SYSTEM RA 9344

– the JUVENILE JUSTICE AND WELFARE ACT OF 2006
- approved on 28 April 2006
- became effective on 20 May 2006
- repealed the provisions of the Revised Penal Code and Presidential Decree No 603 on minor
offenders

IMPORTANT TERMS INTRODUCED BY RA 9344 JUVENILE JUSTICE AND WELFARE SYSTEM

- refers to a system dealing with children at risk and children in conflict with the law, which provides
child-appropriate proceedings, including programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal growth and development

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 she can be reintegrated into society

CHILD AT RISK
- refers to a child who is vulnerable to and at the risk of committing criminal offenses because of
personal, family and social circumstances

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

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

INTERVENTION
- refers to a 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 alternative, 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 resorting to 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 organizations 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

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

RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW

1) the right not to be imposed a sentence of capital punishment or life imprisonment

2) the right to be detained or imprisoned as a disposition of last resort, which shall be for the shortest
appropriate period of time
3) the right to be separated from adult offenders at all times: during detention, while being transported to
and from the court and while waiting for the hearing
4) the right to be detained only with other detainees of the same sex, if detention is necessary
5) the right to be searched only by a law enforcement officer of the same gender
6) the right not to be handcuffed, when such is not necessary
7) the right to have his parents or guardians present
8) the right to diversion if he or she is qualified and voluntarily avails of the same
9) the right to AUTOMATIC SUSPENSION OF SENTENCE
10) the right to probation as an alternative to imprisonment, if qualified under the Probation Law
11) 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 he 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 only from criminal liability and not from civil liability
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 - a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE
who acted WITH DISCERNMENT shall be subjected to the DIVERSION PROCEEDINGS and shall
undergo DIVERSION PROGRAM, if qualified
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18) YEARS OF AGE
who acted WITH DISCERNMENT and who is NOT QUALIFIED for DIVERSION, OR REFUSED to
undergo DIVERSION, shall be PROSECUTED

TREATMENT OF CHILD BELOW THE AGE OF CRIMINAL RESPONSIBILITY

- it 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 CHILD’S NEAREST RELATIVE
- it shall also be the duty of the law enforcement officer to give notice to the local social welfare and
development officer as to the apprehension of the child in conflict with the law

SYSTEM OF DIVERSION
- children in conflict with the law shall undergo diversion proceedings subject to the following
conditions:
1) the imposable penalty for the crime committed is NOT MORE THAN SIX (6) YEARS IMPRISONMENT
2) in victimless crimes, the imposable penalty is NOT MORE THAN SIX (6) YEARS IMPRISONMENT
3) 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:
1) is qualified for diversion; and
2) 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 parents or guardian and the authorities concerned

PROSECUTION
- a child in conflict with the law shall undergo PROSECUTION if:
1) he is not qualified for diversion
2) he is qualified for diversion but he or his parents or guardian does not agree to diversion
3) 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:
1) the release of the child on recognizance to his or her parents and other suitable persons 2) the
release of the child on bail
3) 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

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 - 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 JUDGMENT

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 PD 968,
the Probation Law of 1976

OFFENSES NOT APPLICABLE TO CHILDREN

- persons below eighteen (18) years old shall be exempt from prosecution for the following crimes:
1) vagrancy and prostitution under the Revised Penal Code
2) mendicancy under PD No 1563
3) sniffing of rugby under PD 1619

x x x x x x x NOTHING FOLLOWS x x x x x x

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