CRIM 321 JUVENILE DELINQUENCY
delinquency:
PRELIMS
WEEK 2 MODULE
DELINQUENCY IN GENERAL
Delinquency refers to any action; course or conduct
that deviates from acts approved by the majority of
people. It is a description of those acts that do not
conform to the accepted rules, norms and mores of
the society (sociological definition) Delinquency,
therefore, is a general term for any misconduct or
misbehavior that is tantamount to felony or offense.
It is, however distinct from crime in the sense that
the former may be in the form of violation of law,
ordinance or rule but it is punishable only by a small
fine or short-term imprisonment or both. Legally
speaking, delinquency means the failure to perform
an act required by law, or the non-performance of a
duty or obligation that is mandated by existing law or
rule.
JUVENILE CRIME
Juvenile Crime, in law, term denoting various
offences committed by children or youths under the
age of 18. Such acts are sometimes referred to as
juvenile delinquency. Children's offences typically
include delinquent acts, which would be considered
crimes if committed by adults, and status offences,
which are less serious misbehavioral problems such
as truancy and parental disobedience. Both are
within the jurisdiction of the juvenile court; more
serious offences committed by minors may be tried in
criminal court and be subject to prison sentences. In
law, a crime is an illegal act committed by a person
who has criminal intent. A long-standing
presumption held that, although a person of almost
any age can commit a criminal act, children under 14
years old were unlikely to have criminal intent. Many
juvenile courts have now discarded this so-called
infancy defense and have found that delinquent acts
can be committed by children of any age.
JUVENILE DELINQUENCY
The term juvenile delinquency is used to
describe a large number of disapproved behaviors of
children or youths. In this sense, almost anything that
the youth does which others do not like is called
juvenile delinquency. However, criminologist
suggested the following factors of juvenile
Juvenile delinquency includes the behavior
specifically defined as delinquent according to the
various existing laws and ordinances concerning
children or youth.
The definition of juvenile delinquency must take into
account the social reality that reflected through the
media. Books, movies and television help people to
define a particular reality for them. If the media
systematically portrays particular behavior as
delinquent, they often come to be accepted as real.
While almost all children engage in behavior that is
in violation of juvenile codes and laws, we believe
that ultimately, juvenile delinquents refers to youths
who have been successfully defined as delinquents.
In a more specific view, acts of juvenile delinquency
include violation of laws such as those defined by
juvenile codes and laws.
THE DELINQUENT PERSON
A delinquent person is one who repeatedly
commits an act that is against the norms or mores
observed by the society. When a person habitually
commits an act that is not in accordance with the
rules or policies of a community where he belongs, he
is considered a delinquent.
THE JUVENILE DELINQUENT
Juveniles are young people who are regarded as
immature or one whose mental as well as emotional
faculties are not fully developed thus making them
incapable of taking full responsibility of their actions.
In legal points, the term juvenile is a person subject
to juvenile court proceedings because of a statutorily
defined event or condition caused by or affecting that
person and was alleged to have occurred while his or
her age was below the specified age limit.
BRIEF HISTORY OF JUVENILE DELINQUENCY
The harsh beginning - Children were viewed as non-
persons until the 1700's. They did not receive special
treatment or recognition. Discipline then is what we
now call abuse.
There were some major assumptions about life
before the 1700's. The first assumption is that life was
hard, and you had to be hard to survive. The people
of that time in history did not have the conveniences
that we take for granted. For example, the medical
practices of that day were primitive in comparison to
present-day medicine. Marriages were more for
convenience, rather than for child-bearing or
romance. The second assumption was that infant and
child mortality were high. It did not make sense to
the parents in those days to create an emotional bond
with children. There was a strong chance that the
children would not survive until adulthood.
At the end of the 18th century, "The Enlightenment"
appeared as a new cultural transition. This period of
history is sometimes known as the beginning of
reason and humanism. People began to see children
as flowers, which needed nurturing in order to
bloom. It was the invention of childhood, love and
nurturing instead of beatings to stay in line. Children
had finally begun to emerge as a distinct group. It
started with the upper-class, who were allowed to
attend colleges and universities.
Since ancient times, enlightened legal systems have
distinguished between juvenile delinquents and adult
criminals. Generally, the immature were not
considered morally responsible for their behavior.
Under the Code Napoléon in France, for example,
limited responsibility was ascribed to children under
the age of 16. Despite the apparent humanity of some
early statutes, however, the punishment of juvenile
offenders was often severe until the 19th century.
Prior to the 20th century, juvenile offenders were
often treated as adults. The first development
contrary to this in the United Kingdom was the
establishment of Borstal training center in place of
normal imprisonment, which was intended to build
up the offender's character. They were unsuccessful,
and since the 1960s, policy has been directed away
from the detention of young offenders towards
treatment in the community, beginning with avoiding
court altogether. The police are encouraged to
caution juveniles who admit an offence, unless they
are persistent offenders.
When juvenile offenders are dealt with more
formally, they are tried by a dedicated juvenile court,
having as little contact with the mainstream system
as possible. There is considerable emphasis on
parental responsibility, and the parents may be
ordered to pay the juvenile's fine, or be liable to pay
a sum of money if the child is in trouble again.
If the courts need to punish juveniles, they can utilize
community sentences. Attendance centers orders, for
example, require juveniles to attend during their
leisure hours at centers where they will be given a
program of constructive activities. Supervision
orders put juveniles under the supervision of a social
services department, and may include compulsory
activities. Those aged 15 and over may also be
sentenced to probation orders (supervision),
community service orders (compulsory work under
supervision), or a combination of both.
If juveniles are to be detained, those aged 15 or over
may be held in a young offender institution for
between 2 and 12 months. Younger offenders can
only be detained in the most serious of cases, and
there are national units to deal with them. All
Offenders aged 10 to 13 can be detained only if
convicted of manslaughter or murder.
Perceived Causes of Delinquency
Many theories concerning the causes of juvenile
crime focus either on the individual or on society as
the major contributing influence. Theories focusing
on the individual suggest that children engage in
criminal behavior because they were not sufficiently
penalized for previous delinquent acts or that they
have learned criminal behavior through interaction
with others. A person who becomes socially alienated
may be more inclined to commit a criminal act.
Theories focusing on the role of society in juvenile
delinquency suggest that children commit crimes in
response to their failure to rise above their socio-
economic status, or as a repudiation of middle-class
values.
Most theories of juvenile delinquency have focused
on children from disadvantaged families, ignoring
the fact that children from affluent homes also
commit crimes. The latter may commit crimes
because of the lack of adequate parental control,
delays in achieving adult status, or simply because
they get enjoyment from it. All theories, however, are
tentative and are subject to criticism.
The family unit has also experienced changes within
the past two or three decades. More families consist
of one-parent households or two working parents;
consequently, children are likely to have less
supervision at home than was common in the
traditional family structure. This lack of parental
supervision is thought to have an influence on
juvenile crime rates. Other identifiable causes of
delinquent acts include frustration or failure in
school, the increased availability of drugs and
alcohol, and the growing incidence of child abuse and
child neglect. All these conditions tend to increase the
probability of a child committing a criminal act,
although a direct causal relationship has not been
established.
JUVENILE DELINQUENCY: 
This is the lawbreaking by non-adult persons.
It includes such crimes found in the penal code of
the land, as well as some offenses not in the list of the
law such as truancy, or sexual acts, that are illegal
only when committed by juveniles.
This definition varies from the interpretation of the
laws enacted by legislative and interpreted by
judiciary, but generally the term commonly refers to
someone under eighteen years of age who committed
crimes. Illegal acts committed by juvenile delinquent
are considered CRIME if committed by an adult.
An act committed by minor that violates the penal
code of the government with authority over the area
in which the act occurred.
a violations of law and ordinances a violations of
juvenile court order an association with criminal or
immoral persons engaging in any calling, occupation,
or exhibition punishable by the law.
JUVENILE
Youth or young person
DELINQUENCY
Offense, fault, neglect or failure of duty. Such
behaviors committed by a young person as to bring
him to the attention of the court or that go against
social norm.
JUVENILE DELINQUENCY
Is an imprecise nebulous or indistinct legal and
social label for a wide variety of law and norm
violating behaviors.
JUVENILE DELINQUENT
One who is incorrigible, ungovernable or habitually
disobedient and beyond control of his parents,
guardian, custodian.
One who is habitually truant; habitually uses
obscene or profane language, one who willfully injure
or endanger the morals or health of others or
himself; one who associates with any immoral or
vicious person.
DEVIANCE
A behavior that departs from the social norm.
DEVIANT BEHAVIOR
It exists in the violation of norms which are
sufficient to exceed the general tolerance limit of
society.
SOCIAL NORM
Is a set of standard behavior of the society.
YOUTHFUL OFFENDER
Is a child, minor or youth including one who is
emancipated in accordance with law, and is over nine
years but under eighteen years of age at the time of
the commission of the offense.
PARENS PATRIAE
Is the power of the state to act in behalf of the child
and provide care and protection equivalent to that of
a parent?
STATUS OFFENSE
An act that is declared as an offense, but only when
committed status offenses.
STATUS OFFENDER
A juvenile who has been adjudicated by a court as
having committed status offenses.
EMANCIPATION
A relinquishment of the care, custody and earnings
of a minor child and the renunciation of parental
duties.
ANOMIE
Is a condition produced by normlessness. This is
because of rapidly shifting moral values, a person
then has few guides to what is socially acceptable
behavior.
INHERITANCE
Is the transmission of physical characteristics
mental traits, tendency to disease, from parents to
offspring in genetics, the tendency manifested by an
organism to develop in the likeness of a progenitor
due to the transmission of genes in the productive
process.
HEREDITY
A biological endowment or gift of nature.
EXAMPLE OF JUVENILE DELINQUENCY: 
Frequent in any taverns or uses alcohol
Wandering in the streets especially at night time
Grows up in idleness or in crimes
Entering or visiting house of ill refute
Habitually truants
Disobedient or refuses to obey reasonable and
proper orders of parents, guardians and custodians
Engages in incorrigibility or ungovernability
Absenting oneself from home without permission
Persists in violating rules and regulations of the
school  
Endangers welfare, morals and/or health of self or
others
Uses vie, obscene or vulgar languages in the house
and in the public places 16. Smoke cigarettes
Engaging in dissolutes or immoral life or conduct
Wandering elsewhere and everywhere
Jumps in a train, trucks and trailer without
permission
Loitering and sleeping in the sidewalks and alleys
Begging and receiving alms in the street
CATEGORIES OF JUVENILE DELINQUENTS:
1.Environmental Delinquents: These delinquents are
considered occasional law breakers. Delinquents
under this category are considered new in their
activity that had just tasted the pleasure fruit of
being delinquent. This delinquent can be easily led
and corrected.
2.Emotionally Maladjusted Delinquents: These
delinquents are chronic lawbreakers who violate the
laws, a habit which this type cannot be avoided or
escaped. They are regarded also as habitual
delinquents that correcting them is a pressing one.
3.Psychiatric Delinquents: These are delinquents
suffering from emotional disturbances brought about
by his or her environment. It may result to mental
illness if not given care and attention.
CHARACTERISTICS OF JUVENILE
DELINQUENCY IN DIFFERENT VIEWPOINTS:
1.PARENTAL VIEW Parents may define disruptive
and delinquent behavior as disobedience, fighting
with siblings, destroying or damaging property,
stealing money from family members or threatening
parents with violence.
2.EDUCATIONAL VIEW School staff members
often regard delinquent behavior as that which
interrupts or disturbs classroom learning, violates
the school code of conduct and sometimes threaten
the safety of faculty and students. MENTAL
HEALTH VIEW Mental health professionals
consider delinquency to include a wide range of
disruptive behaviors that may involve toward others
or animals, destruction to property, deceitfulness,
theft and violations of curfew and school attendance.
3.The Legal System View:  good for the greatest number of people. • others refer
Almost all states in the world consider persons under
the age of 18 to be juveniles. However when children
under this age commit serious crimes, they may be
prosecuted as adults. Legally, there are two (2)
categories of offenses that may be committed by
Juvenile Delinquents, they are: STATUS OFFENSES
DELINQUENCY OFFENSES
WEEK 3
WEEK 3 TOPIC APPROACAHES AND
THEORIES IN THE CAUSES OF DELINQUENCY
APPROACHES OF CRIME THEORIES
üSUBJECTIVE APPROACH üOBJECTIVE
APPROACH üCONTEMPORARY APPROACHES
deals mainly on the biological explanation of crimes,
focused on the forms of abnormalities that exist in
the individual criminal before, during and after the
commission of the crime deal on the study of groups,
social processes and institutions as influences to
behavior. They are primarily derived from social
sciences put emphasis on scientific modes of
explaining crime and criminal behavior. This
approach is focused on the psychoanalytical,
psychiatric and sociological explanations of crime in
an integrated theory
SUBJECTIVE 1. Anthropological Approach 2.
Medical Approach 3. Biological Approach 4.
Physiological Approach 5. Psychological Approach 6.
Psychiatric Approach 7. Psychoanalytical Approach
OBJECTIVE APPROACH 1. Geographic Approach
2. Ecological Approach 3. Economic Approach 4.
Socio – Cultural Approach
CONTEMPORARY 1. ALIEN CONSPIRACY 2.
ENTERPRISE THEORY 3. DETERRENCE
THEORY 4. LATENT TRAIT THEORY 5. LIFE
COURSE THEORY
DEMONOLOGICAL THEORY - asserts that a
person commits wrongful acts due to the fac t that he
was possessed by demons.
THE CLASSICAL SCHOOL OF CRIMINOLOGY
CESARE BECCARIA • (Cesare Bonesara Marchese
de Beccaria) with Jeremy Bentham (1823) who
proposed “Utilitarian Hedonism”, the theory, which
explains that a person always acts in such a way as to
seek pleasure and avoid pain, became the main
advocates of the Classical School of Criminology
JEREMY BENTHAM (1748-1832) • his contribution
to classical school of criminology is the concept of
utilitarianism and the felicific calculus. • proposed
“Utilitarian Hedonism” which explains that person
always acts in such a way to seek pleasure and avoid
pain.
• Utilitarianism – is a philosophy which argues that
what is right is the one that would cause the greatest
to it as the greatest happiness principle or the
principle of utility. • from this principle, Bentham
formulated the “felicific calculus”.
• Felicific Calculus or the pleasure-and-pain principle
– is a theory that proposes that individuals calculate
the consequences of his actions by weighing the 3. Deficient Criminals
pleasure (gain) and the pain (suffering) he would 4. Lascivious Criminals
derive from doing the action.
THE NEO-CLASSICAL SCHOOL OF Classical SchoolClassical School
CRIMINOLOGY üThat children and lunatics should *Legal definition of crime*Legal definition of crime
not be regarded as criminals and free from
punishment. üIt must take into account certain *Punishment fit the crime*Punishment fit the crime
mitigating circumstances
The Positivist/Italian School (1838 – 1909) *Doctrine of free will*Doctrine of free will
• Cesare Lombroso and his two students, Enrico
Ferri and Rafaele Garofalo were the primary *Death penalty allowed*Death penalty allowed
personalities in this school of thought
. • they argued that the most serious crimes were *No empirical research*No empirical research
committed by individuals who were "primitive" or *Definite sentence*Definite sentence
"atavistic"--that is, who failed to evolve to a fully
human and civilized state. Positivist SchoolPositivist School
August Comte
• was a French philosopher and sociologist and is
*No to legal definition*No to legal definition
believed to be the one who reinvented the French
term sociologie.
*Punishment fit the*Punishment fit the
• he was recognized as the “Father of Sociology and
criminalcriminal
Positivism”.
*Doctrine of determinism*Doctrine of determinism
WEEK 4
*Abolition of death*Abolition of death
penaltypenalty
*Inductive method*Inductive method

Page *Indeterminate sentence*Indeterminate sentence

16
of 16 PHYSIOGNOMY – the study of facial features and
WEEK 4 their relation to
THE BIOLOGICAL human behavior.
THEORIESWEEK 4 1. Giambiatista dela Porta
THE BIOLOGICAL - founder of human physiognomy
THEORIES - according to him criminal behavior may be
Classifications of Criminals by predicted based on
Lombroso facial features of the person.
1.Born Criminals - ATAVISTIC 2. Johann Kaspar Lavater
2.Criminal by Passion – EMOTION AND ANGER - supported the belief of dela Porta
3.Insane Criminals – PSYCHIATRIC PROBLEMS - he believed that a person’s character is revealed
4.Criminoloid – LACK OF SELF CONTROL through his
5.Occasional Criminal – PUSHED BY PROBLEMS facial characteristics.
6.Pseudo-criminals – SELF DEFENSE PHRENOLOGY, CRANIOLOGY OR
Enrico Ferri (1856 – 1929) CRANIOSCOPY – the
•his interest in socialism led him to recognize study of the external formation of the skull in
the importance of social, economic, and relation to
political determinants. the person’s personality and tendencies toward
Raffaele Garofalo (1852 – 1934) criminal
•he traced the roots of criminal behavior not behavior.
to physical features but to their 1. Franz Joseph Gall
psychological equivalents, which he called - he developed cranioscopy
“moral anomalies”. 2. Johann Kaspar Spurzheim
TYPES OF CRIMINALS BY GAROFALO - assistant of Gall in the study of phrenology.
1. Murderers - he was the man most responsible for popularizing
2. Violent Criminals and spreading phrenology to a wide audience
THEORY OF EVOLUTION “ORIGIN OF
SPECIES”,
BY CHARLES DARWIN
claimed that humans, like other animals are
parasite. Man has an Animalistic (aggressive)
behavior which was the causes of crime.
HEREDITY – the transmission of traits from parents
to offspring.
1. RICHARD LOUIS DUGDALE
•conducted a study of the Jukes family by
researching their family
tree as far back 200 years. He discovered that
most of the
ascendants of the Jukes were criminals.
•Studied the family free of Ada jukes – known as the
mother of
criminals, which he claimed that since some
families produce
generations of criminals, they must have been
transmitting
degenerate traits down the line.
HEREDITY – the transmission of traits from
parents to offspring.
1. RICHARD LOUIS DUGDALE
•conducted a study of the Jukes family by
researching their family
tree as far back 200 years. He discovered that
most of the
ascendants of the Jukes were criminals.
•Studied the family free of Ada jukes – known as the
mother of
criminals, which he claimed that since some
families produce
generations of criminals, they must have been
transmitting
degenerate traits down the line.
2. HENRY GODDARD
• he traced the descendants of the Martin Kallikak
from each of his two
wives and found a distinct difference in termsof
quality of lives of
descendants. He coined the term “moron”.
• Studied the revolutionary family tree of Martin
Kallikak. Who advocated
the theory that “Feeblemindedness” inherited as
Mendalian unit, cause
crime for the reason that feebleminded person is
unable to appreciate
the consequences of his behavior or appreciate the
meaning the law.
SOMATOTYPING SCHOOL OF THOUGHT
It maintains the belief of inheritance as the
primary determinants of behavior and the body
physique is a reliable indicator of personality.
This theory states that delinquents and criminals
manifest distinct physiques that make them
susceptible to particular types of delinquent
behaviors.
Ernest Kretschmer
•father of german somatotyping theory
•a German Psychiatrist who distinguished three
principal types of physique as:
Asthenic – lean, slightly built, narrow shoulders
Athletic – medium to tall, strong, muscular, course
bones
Pyknic – medium height, rounded figure, massive
neck, broad face
Dysplastic – combination of asthenic-athletic
and
pyknic athleticErnest Kretschmer
•father of german somatotyping theory
•a German Psychiatrist who distinguished three
principal types of physique as:
Asthenic – lean, slightly built, narrow shoulders
Athletic – medium to tall, strong, muscular, course
bones
Pyknic – medium height, rounded figure, massive
neck, broad face
Dysplastic – combination of asthenic-athletic
and
pyknic athletic
William H. Sheldon • father of american
somatotyping theory
• brought the work of Kretschmer to the United
States. He formulated his own group of somatotype;
• He maintains the belief of inheritance as the
primary determinants of behavior and the physique
is the reliable indicator of personality.
Classification of Body Physique by Sheldon
1. Endomorphy 2.Mesomorphy 3.Ectomorphy
Earnest Hooton’s Theory
Tall thin men tend to commit forgery and fraud,
undersized men are thieves and burglars, short
heavy person commit assault, rape and other sex
crimes; where as mediocre (average) physique
flounder around among other crimes.” Earnest
Hooton’s Theory
Tall thin men tend to commit forgery and fraud,
undersized men are thieves and burglars, short
heavy person commit assault, rape and other sex
crimes; where as mediocre (average) physique
flounder around among other crimes.”
WEEK 5
WEEK 5
THE
PSYCHOLOGICAL
& SOCIOLOGICAL
THEORIES
PSYCHOLOGICAl DETERMINISM • Views that criminality as a dynamic process,
•The association between influenced by a multitude of individual
intelligence, personality, learning characteristics, traits and social experiences.
and criminal behavior. 1. Life Course Theory by Sheldon and Eleanor
1. SIGMUND FREUD AND HIS Glueck
PSYCHOANALYTICAL THEORY It recognized that as people mature the factors that
• Psychologists have considered a variety of influence
possibilities to their behavior change.
account for individual differences – defective 2. Latent trait theory by David Rowe, D. Wayne
conscience, Osgood
emotional immaturity, inadequate childhood and W. Alan Nicewander
socialization, The propensity to commit crime is stable, the
maternal deprivation, and poor moral development. opportunity to commit crimes fluctuates over time.
• He was the one who advocate the concept that Assumes that a number of people in the population
human mind have
perform three separate function. a personal attribute or characteristics that controls
 ID- Pleasure Principle their
 EGO – Reality Principle inclination or propensity to commit crimes.
 SUPER EGO – Morality Principle Latent Trait theories
2. ISAAC ROY AND HIS MORAL INSANITY a. General theory of Crime by Michael
He describe persons who were normal in all Gottfredson and Travish
aspects Hirschi.
except that something was wrong with the part of the modified and redefined some of the principles
brain that regulates effective responses. articulated in Hirschi’s
He questioned whether we could hold people social control theory by integrating the concepts of
legally control with those
responsible for their acts if they had impairment, biosocial, psychological, routine activities and
because these people committed their crimes without rational choice theories.
intent to do so. People who are at risk because they have impulsive
3. HENRY MAUDSLEY personalities may
He believed that crime is an outlet in which their forego criminal careers because there are no criminal
unsound tendencies are opportunities that
discharged; they would go mad if they are criminals. satisfy their impulsive needs; instead they may find
4. AICHORN other outlets for their
The cause of delinquency is the faulty development impulsive personalities. In contrast, if the
of the child during opportunity is strong enough,
the first few years of his life. even people with relatively strong self control may be
5. DAVID ABRAHAMSEN tempted to violate
Explained the causes of crime by his formula: the law.Latent Trait theories
Criminal behavior equals a. General theory of Crime by Michael
criminal tendencies plus crime situation divided by Gottfredson and Travish
the persons mental Hirschi.
and emotional resistance towards temptation. modified and redefined some of the principles
5. CHARLES GORING articulated in Hirschi’s
studied the mental characteristics of 3,000 convicts. social control theory by integrating the concepts of
He found control with those
little difference in the physical characteristics of biosocial, psychological, routine activities and
criminals and rational choice theories.
non criminals but he uncovered a significant People who are at risk because they have impulsive
relationship personalities may
between crime and a condition he referred to as forego criminal careers because there are no criminal
“defective opportunities that
intelligence”, which involves such traits as feeble satisfy their impulsive needs; instead they may find
mindedness, other outlets for their
epilepsy, insanity and defective social instinct. impulsive personalities. In contrast, if the
DEVELOPMENTAL THEORIES opportunity is strong enough,
even people with relatively strong self control may be the study of brain activity. The relationship can be
tempted to violate detected quite early and
the law. that children who suffer from measurable
b. Differential Coercion Theory by Mark Colvin neurological deficit (trauma – low
There are actually two sources of coercion: IQ) at birth are more likely to become criminals later
Interpersonal and in life.
Impersonal. Interpersonal coercion is direct, 3. Minimal Brain Dysfunction or learning disabilities
involving the use abnormality in the cerebral or brain structure or
of threat or force and intimidation from parents, brain damage.
peers and 4. Genetic Influence
significant others. Impersonal involves pressure inherited aggressive predisposition. Inherited
beyond condition associated with
individual control such as unemployment, poverty, crime such as impulsive personality.
competition ALFRED BINET
among businesses. •a French psychologist who developed the
That a persons ability to maintain self control is a first IQ test.
function of the •the test measured the capacity of individual
amount, type, and consistency of coercion children to perform tasks or solve problems
experienced as he in relation to the average capacity of their
goes through the life course. peers. ALFRED BINET
c. Control Balance Theory by Charles Tittles •a French psychologist who developed the
Believe on the concept of control has two first IQ test.
distinct elements: 1. the •the test measured the capacity of individual
amount of control one is subject to by others and 2. children to perform tasks or solve problems
the amount of in relation to the average capacity of their
control one can exercise over the others. peers.
d. Age Graded Theory by Robert Sampson and John Robert Ezra Park
Laub • Human Ecology Theory”. Human Ecology is
This theory attempts to explain the trajectories the study of the interrelationship of people
and transitions of and their environment
criminal behavior over the life course. Trajectories • It also maintains that the isolation,
and transitions are segregation, competition, conflict, social
pathways or lines of development and specific events contract, interaction and social hierarchy of
that took place on people are the major influences of criminal
the life of a person. behavior and crimes
Identify the turning points of criminal careers such Walter Reckless – Containment
successful careers Theory
and marriage. • structure of an individual are the external pressures
Modern Outgrowths such as poverty, unemployment and blocked
oRational Choice Theory opportunities
holds that youth will engage in delinquent and • while the inner containment refers to the person’s
criminal self
behavior after weighing the consequences and control ensured by strong ego, good self image, well
benefits of developed conscience, high frustration tolerance and
their actions. high sense of responsibility. (Adler, 1995)
oBiosocial Theory (Trait Theory) Frank Tennenbaum, Edwin Lemert,
it argue that no two people are alike and that Howard Becker
the They are the advocates of the Labeling Theory – the
combination of human genetic traits and the theory that explains about social reaction to
environment behavior. The
produces individual behavior patterns. theory maintains that the original cause of crime
1. Biochemical cannot be
relationship that genetically predetermined and known, no behavior is intrinsically criminal, and
those acquired through diet behavior
and environment influence anti-social behavior. becomes criminal if it is labeled as such.
2. Neurophysiology Charles Goring’s Theory
Criminal must not be permitted to have B. Strain Theory by Robert Merton
children they believe that most people share similar values
Goring accepted that criminals are and goals
physically inferior to normal individuals but the ability to achieve personal goals is
in the sense that criminals tend to be stratified by
shorter and have less weight than non- socioeconomic class which causes pressure
criminals. (frustration,
SOCIOLOGICAL DETERMINISM stress, depression) to an individual resulting to
 The concept of upbringing, socialization, learning cause
and control as determinants of unconventional behavior.
behavior. refers to the friction and pains experienced by an
Adolphe Quetelet individual
Quetelet was a Belgian Statistician who pioneered as he or she look for ways to satisfy his or her needs.
Cartography and the strain refers the individual’s frustration, anger and
Carthographical School of Criminology that resentment.
placed emphasis on social holds that crime is a function of the conflict
statistics such as demographic information on the between the goals
population in relation to people have and the means they can use to legally
criminality. obtain them.
He discovered, basing on his research, that crimes This also argues that the ability to obtain these
against persons increased goals is class
during summer and crimes against property tends to dependent; members of the lower class are unable to
increase during winter. achieve
A. Social Disorganization by two Chicago Sociologist these goals which come easily to those belonging to
Henry McKay and the upper
Clifford Shaw class. Consequently, they feel anger, frustration and
The absence of public order coupled problematic resentment,
characteristics of referred to as STRAIN.
disorganized communities – namely poverty, C. Theory of Anomie by Emile Durkheim
population from the Greek word “nomos” – without
heterogeneity and residential mobility are strong norms, state of
predictor of high normalessness. A sociological concept that helps
crime rates. describe the
They linked life in transitional slum chaos and disarray accompanying the loss of
areas/neighborhood to the traditional
inclination to commit crime. values in modern society.
1. SOCIAL STRUCTURE THEORY according to Durkheim that an anomic society is
o It suggest that social and economic forces operating one in which
in deteriorated lower class areas rules of behavior (norms) have broken down or
push many of their residents into criminal behavior become
patterns. inoperative during the period of social change or
according to this theory, crimes in urban areas social crisis.
are more Crime is a natural thing
prevalent because residents have impersonal D. General Strain Theory by Robert Agnew
relationships with whereas Merton tried to explain social class
each other. differences in the
increase in the number of broken families and crime rate, Agnew tries to explain why
single individuals who feel
parenthood are also very common in disorganized stress and strain are more likely to commit crimes.
communities. Agnew also
another feature of disorganized community is offers a more general explanation of criminal activity
poverty as among all
evidenced by poor living conditions such as elements of society rather than restricting his views
rundown houses, to lower
unsanitary and unsighty streets and high class.
unemployment rates.
the greater the intensity and frequency of strain
experiences,
the greater their impact and the more likely they are
to cause
delinquency and criminality.
E. Cultural Deviance
Obedience to the norms of their lower class
culture puts people in
conflict with the norms of the dominant culture.
E.1. Delinquent Subculture theory by Albert Cohen
 the delinquent behavior of the lower class youths is
actually a
protest against the norms and values of the
middle class.
Because social conditions make them incapable of
achieving
success legitimately, lower class youths experience
a form of
culture conflict that is know as Status Frustration.
 It claims that the lower class cannot socialize
effectively as the
middle class, forming subculture rejecting middle
class values.
E.2. Differential Opportunity by Richard Cloward
and Lloyd
Ohlin
states that people in all strata of society share
the same
success goals but that those in the lower class have
limited
means of achieving them. People who perceive
themselves as
failures within conventional society will seek
alternative or
innovative means to gain success.
the absence of legitimate opportunity. Blockage
of
conventional opportunities causes lower class youths
join to
criminal behavior.
Branches of Social Process
A. Social learning Theories
o Suggest that people learn the techniques and
attitudes of crime from close and intimate
relationships with criminal peers; crime is a learned
behavior.
A.1 Differential Association by Edwin Sutherland
 The principal part of the learning of criminal
behavior occurs within intimate
personal groups.
 Criminal behavior is learned, learning is a by
product of interaction and the
learning occurs within intimate groups.
2. SOCIAL PROCESS THEORY
o Hold that criminality is a function of individual
socialization. These theories draw
attention to the interactions people have with various
organization, institutions and
processes of society.Branches of Social Process
A. Social learning Theories
o Suggest that people learn the techniques and
attitudes of crime from close and intimate
relationships with criminal peers; crime is a learned
behavior.
A.1 Differential Association by Edwin Sutherland
 The principal part of the learning of criminal
behavior occurs within intimate
personal groups.
 Criminal behavior is learned, learning is a by
product of interaction and the
learning occurs within intimate groups.
2. SOCIAL PROCESS THEORY
o Hold that criminality is a function of individual
socialization. These theories draw
attention to the interactions people have with various
organization, institutions and
processes of society.
A.2. Differential Reinforcement (Direct
Conditioning) by Ronald Akers in
collaboration with Robert Burgess
People learn to be neither “all deviant” nor “all
conforming” but rather
strike a balance of between the two opposite poles of
behavior.
It occurs when behavior is reinforced by being
either rewarded or
punished while interacting with others.
A.3. Neutralization theory by David Matza and
Gresham Sykes
They view the process of becoming a criminal as a
learning experience
in which potential delinquents and criminals master
techniques that
enable them to counterbalance or neutralize
conventional values and
drift back and forth between illegitimate and
conventional behavior.
A.4. Gabriel Tarde and his theory of Imitation
He believed people learn from one another
through a
process of imitation.
1. Individuals imitate in others in proportion to the
intensity
of and frequency of their contacts.
2. Inferiors imitate superiors.
3. When two behavior pattern clash, one may take
the others.
B. Social Control Theories
omaintains that all people have the potential to
violate the law
and that modern society presents many opportunities
for illegal
activity. attitudes that guide their actions throughout their
1. Social Bond Theory by Travish Hirschi lives.
Links the onset of criminality to the weakening of
the ties that Family breakup
bind people to the society. All individual are  Children raised in homes with one or both parents
potentials law absent may be prone to anti-social behavior.  Any
violators, but they are kept under control because disjunction in an orderly family structure could be
they fear expected to have a negative impact on the child. 
that illegal behavior will damage their Often associated with conflict, hostility and
relationship with aggression.
friends, parents, neighborhood, teachers and 
employees. Blended families
2. Social Reaction or Labeling Theory by Frank Nuclear families that are the product of
Tennenbaum, Edwin Lemert and Howard Becker divorce/separation and remarriage, blending one
This theory maintains that the original cause of parent from each of two families and their combined
crime children into one family unit. Note: Children who
cannot be known, no behavior is intrinsically have experienced family breakup are more likely to
criminal demonstrate behavior problems and hyperactivity
behavior if it is labeled as such. than children with intact families.
Holds that deviance is not inherent to an act, but
instead FAMILY CONFLICT
focuses on the linguistic tendency of majorities to - Adolescent misbehavior may be a precursor of
negatively classify minorities or those seen as family conflict that leads to more adolescent
deviant misconduct, producing an endless cycle of family
from norms. stress and delinquency.
CONTRIBUTORS TO SOCIAL CONFLICT
THEORY INTRAFAMILY VIOLENCE - An environment of
discord and conflict within the family; children who
1. Ralf Dahrendorf – argues that modern society is grow up in dysfunctional homes often exhibit
organized into what he delinquent behaviors, having learned at a young are
called IMPERATIVELY COORDINATED that aggression pays off.
ASSOCIATION. These
association comprise two groups: those who possess FAMILY COMPETENCE
authority and use it for Children raised by parents who lack proper
social domination and who lack authority and are parenting skills are more at risk than those whose
dominated. parents are supportive and effectively control their
2. George Vold - argued that crime can also be children in a non-coercive fashion.  Parental way of
explained by social conflict. discipline - permissive and indulgent - repressive/
Laws are created by politically oriented group, who strict
seek the government’s
assistance to help defend their rights and protect Family Competence
their properties Children who feel inhibited with their parents and
refuse to discuss important issues with them are more
MIDTERM likely to engage in deviant activities.  Parents who
closely supervise their children, and have close ties
WEEK 7 with them, help reduce the likelihood of adolescent
Primary Causal Factor in Juvenile Delinquency delinquent behavior.  Studies show that the parents
of delinquent youths tend to be inconsistent
. Family disciplinarians, either overly harsh or extremely
 The first and most basic institution of society lenient.
responsible for developing a child in all aspects. 
molds the child to learn to curb his desires and to FAMILY DEVIANCE
accept rules that define the time, place and  Parents of delinquent youth have been found to
circumstances under which highly personal needs suffer neurological conditions linked to antisocial
may be satisfied in socially acceptable ways.  the behaviors, and these conditions may be inherited
primary unit in which children learn the values and genetically.  If children behave like their parents,
it’s because they share the same genes and not
because they have learned to be bad or live in an
environment that causes both parental and child
misbehaviors.
 
FAMILY DEVIANCE
A number of studies have found that parental
deviance has a powerful influence on delinquent
behavior.  A significant number of delinquent
youths have criminal father is.  Children of drug-
abusing parents are more likely to get involved in
drug abuse and delinquency than children of non-
abusers.  Kids whose parents go to prison are much
more likely to be at risk for delinquency than
children of non-incarcerated parents.
FOSTER CARE
 Placing a child in the temporary care of a family
other than its own as a result of state intervention
into problems that are taking place within the birth
family; can be used as a temporary shelter while a
permanent s adoption effort being completed.
Child Abuse and Neglect
 Child Abuse – any physical, emotional or sexual
trauma to a child, including neglecting to give proper
care and attention, for which no reasonable
explanation can be found.  Neglect – passive neglect
by a parent or guardian depriving children of food,
shelter, health care and love.  Battered Child
Syndrome – non accidental physical injury of
children by their parents or guardians.
 theories. Families are important to consider when we
Forms of Abuse and Neglect
Physical Abuse – includes throwing, shooting,
burning, drowning, biting or deliberately disfiguring
a child. It includes the - SBS (Shaken Baby
Syndrome) – a form of child abuse resulting from
violently shaking an infant or child.  Physical
Neglect – results from parents failure to provide
adequate food, shelter or medical care for their
children, as well as failure to protect them from
physical danger.
 Emotional Abuse – manifested by constant
criticism and rejection of the child.  Emotional
Neglect – includes inadequate nurturing, inattention
to a child’s emotional development and lack of
concern about maladaptive behavior.  Sexual abuse
– refers to the exploitation of children through rape,
incest and molestation by parents, family members,
friends and legal guardians.
 doing so.
Sexual Abuse
Kids who have undergone traumatic sexual
experiences have been found to suffer psychological
deficits.  Other suffer post traumatic mental
problems, including acute stress disorders,
depression, eating disorders, nightmares, anxiety,
suicidal ideation, and other psychological problems.
Abandonment
Refers to parents physically leave their children with
intention of completely severing the parent-child
relationship.
Delinquency Family Breakup Family Deviance
Family Competence Family Conflict
WEEK 8
WEEK 7 & 8 MODULE
THE PRIMARY AND COTRIBUTORY CAUSAL
FACTORS OF DELINQUENCY
ENVIRONMENTAL FACTORS TO
DELINQUENCY
Over the years, criminologists have put forth a wide
variety of motives for what causes crime. People who
deal with young people cite the following root
conditions: poverty, family factors, the environment,
media influence,
and declining social morality. These will be taken up
in order:
Families, peers, schools, and socioeconomic status
are all social factors that are examined in many
of the
causal theories. Demographics and the relationships
one has in society are also examined in some of the
explanatory
explain juvenile delinquency. The family unit is
crucial to a
child's development and healthy upbringing. In
addition, much of what a child learns is through
their family or
guardians. A criminal parent can teach their child
adverse lessons about life when their child views or
witnesses their
parent's delinquent behavior. Peers can also teach
an adolescent or child criminal behavior just as the
family member
can. Family members and peers can also cause
delinquent patterns of behavior by labeling their
child as delinquent.
This is somewhat of the "if the shoe fits, wear it"
saying. If a child feels as though they are viewed as
delinquent, then
they will act as such and find a sense of self-esteem by
Even though the family and peers (as well as the
school) can influence a juvenile to participate in
crime, the
decision still rests on their shoulders. Some theorists
argue that participation in crime is a rational choice
and that the
rewards and consequences are carefully calculated
out by the individual. The choice to commit a
crime can by
influenced by many factors, including the ones that I
outlined here. However, if a juvenile has many ties or
bonds to
members in society, they are less likely to make the
choice to commit a crime for fear of ridicule,
embarrassment, or
scorn from those they associate with. The
demographic characteristics of a person's living
environment can also be a
contributing factor to criminal patterns of behavior.
Adverse living conditions and a crime-prone
neighborhood can
lead to criminal activity. There are also various
structural theories that can put juvenile delinquency
in a context of
better understanding.
In order to simplify the environmental sources of
delinquency, the following are considered:
FAMILY BACKGROUND
Family Factors - One of the most reliable indicators
of juvenile crime is the proportion of fatherless
children.
The primary role of fathers in our society is to
provide economic stability, act as role models, and
alleviate the stress
of mothers. Marriage has historically been the great
civilizer of male populations, channeling predatory
instincts into
provider/protector impulses. Economically,
marriage has always been the best way to
multiply capital, with the
assumption being that girls from poorer families
better themselves by marrying upward. Then, of
course, there are all
those values of love, honor, cherish, and obey
encapsulated in the marriage tradition. Probably the
most important
thing that families impart to children is the emphasis
upon individual accountability and responsibility in
the forms of
honesty, commitment, loyalty, respect and work
ethic.
Most of the broken home literature, for example,
shows only weak or trivial effects, like skipping
school or
home delinquency. Another area, the desistance
literature, shows only that children from two-parent
families age-out
of crime earlier. In fact, there is more evidence
supportive of the hypothesis that a stepparent in the
home increases
delinquency, or that abuse and neglect in fully-intact
families lead to a cycle of violence. To complicate
matters, there
are significant gender, race, and SES interaction
effects. Females from broken homes commit certain
offenses while
males from broken homes commit other kinds of
offenses. Few conclusions can be reached about
African American
males, but tentative evidence suggests stepparenting
can be of benefit to them. SES differences actually
show that the
broken home is less important in producing
delinquency among lower-class youth than youth
from higher social
classes. Most research results are mixed, and no clear
causal family factors have emerged to explain the
correlation
between fatherlessness and crime, but it is
certainly unfair to blame single mothers, their
parenting skills, or their
economic condition for what are obviously more
complex social problems.
The Home - The family or the home is one of the
most influential environmental factors that would
lead a
person to either a law abiding or a criminal. It is said
that the home is considered as the “cradle of human
personality”
for in it the child forms fundamental attitudes and
habits that endure throughout his life.
The kind of conscience the child develops depends
largely upon the kind of parents he has. The parents
are
the most influential persons in the family when they
give love, attention, guidance, security, standards and
all other
things that the child needs, the children are the
mirror of the home for they reflect what the home
look like. Thus, a
child who was provided with love, attention,
guidance, security, standards and all other things
he needs comes to
regard people as friendly, understanding,
dependable, loyal, and worthy of his respect and
admiration. On the other
hand, if he experienced cold, despairing, rejecting,
neglectful, and cruel environment in the home, most
likely he will
learn to distrust, disobey, dislike and even to hate
people (Tradio, 1983).
Given a home, the child tends to become law abiding
if the following conditions are met:
1. The Child is loved and wanted and knows it.
2. He was helped to grow up by not having too much
or too little done for him.
3. He is part of the family; he has fun with the family
he belongs.
4. His early mistakes and badness are understood as
a normal part of growing and he is corrected without
being
hurt, shamed or confused.
5. His growing skills are enjoyed and respected.
6. He feels his parents care as much about as they do
to his sisters and brothers.
7. The family sticks together with understanding and
cooperation.
8. He is moderately and consistency disciplined.
The family is the primary institution that molds a
child to either a law-abiding person or a delinquent.
The
effects of pathological social relations in the home are
to a great extent influence anti- social behaviors. This
means
that the home can be a potent force of either good or
evil.
THE BROADER SOCIAL PROCESS
The Environment - Unless we are willing to believe
that testosterone (a male stimulation-seeking
hormone) causes
crime, the only feasible explanations left are
environmental ones. The heredity-environment
debate in explaining
juvenile crime is shaped by divided opinions
about what factors are really important: genetic
tendencies, birth
complications, and brain chemicals, on one side;
and being a victim of abuse, witnessing domestic
battering, and
learned behaviors, on the other side. The idea that all
behavior is learned behavior is associated with
environmental
explanations. Sure, everyone has a potential for
violence, but we learn how to do it (in all its different
forms) from
observing others do it. In fact, most of us are suckers
for observing violence, glamorizing it to the point
where we like
more and different forms of it everyday, in the news,
on TV shows, in action movies. So when you're
talking about
reducing the need to see violence on TV, you're
really talking biology or psychology. The study of
environmental
factors, on the other hand, is concerned primarily
with social considerations. While violence may be
part of everyone's
behavioral repertoire, the temptations (triggers, cues)
to do it are embedded (lodged, locked, firmly put in
place) with
social networks (relationships and situations) that
more or less make this kind of behavior seem
acceptable at the
moment.
The unfortunate truth is that, in many places,
there are a growing number of irresistible
temptations and
opportunities for juveniles to use violence. Brute,
coercive force has become an acceptable substitute,
even a preferred
substitute, for ways to resolve conflicts and satisfy
needs. Think of it as the schoolyard bully who says
"Meet me in
the parking lot at 4:30". Under circumstances like
these, the peer pressure and reward systems are so
arranged that
fighting seems like the only way out.
Now think for a moment about the crucial
importance of peer groups: whether there are people
who would
respect you for standing up to fight, or whether there
are people important to you that would definitely not
approve of
your fighting. What environmental learning theorists
are saying is that there are fewer and fewer friends
available to
help you see the error of your ways in deciding to
fight.
Most of the recent research in this area revolves
around "neighborhood" factors, such as the
presence of
gangs, illicit drug networks, high levels of transiency,
lack of informal supports, etc. Gang-infested
neighborhoods, in
particular, have no effective means of providing
informal supports that would help in resisting the
temptations to
commit crime. Such neighborhoods would more
likely have an informal encouragement policy,
with five or more
places where you could buy a gun and drugs
available to give you the courage to use the gun.
Firearms- and drug-
related homicides have increased over 150% in
recent years, and the clearest drug-violence
connection is for selling
drugs because illicit drug distribution networks are
extremely violent.
In such neighborhoods, families, school authorities,
and even community organizations are often
incapable
of providing any protection for children. There are
no peer-level social supports to reinforce the
conventional lifestyles
that these agencies want their children to emulate.
The reality of street life, its illicit economy, and quick
and easy
pathways to success and prestige through violence
and crime all offer rewards that offset the risks
associated with
these activities. And, even if a child experiences the
risks of street life firsthand, like by getting shot or
stabbed, this
only reinforces the child's desire for more exposure
to the learning of street life, to do better next time by
listening
more closely to delinquent peers and not to the
advice of legitimate authorities. Victimization and
perpetration go
hand in hand. This is what is meant when
criminologists say that the best predictor of
future delinquency is past
behavior, or age of onset. The strongest (primacy)
effect is when violence is modeled, encouraged, and
rewarded for
the first time. It determines the type of friends
one chooses, which in turn, determines what
behaviors will be
subsequently modeled, established, and reinforced.
Bad Neighborhood - refers to areas or places in
which dwelling or housing conditions are
dilapidated,
unsanitary, and unhealthy which are detrimental
to the moral, health, and safety of the populace.
It is commonly
characterized by overcrowding with disintegrated
and unorganized inhabitants and other close
relatives. Most
inhabitants in a bad neighborhood are experiencing
economic difficulties, alcoholism, substance abuse,
gambling and
many other problems in life. This connotes that bad
neighborhood is the habitat of bad elements of society
by reason
of anonymity because the situation is so conducive for
the commission of crimes. Bad elements prefer to
dwell in
such community not only because of the sense of
anonymity among its members but also because they
are not welcome
in decent places.
The School - Part of a broader social process for
behavior influence is the school. It is said that the
school is
an extension of the home having the strategic position
to control crime and delinquency. It exercises
authority over
every child as a constituent. The teachers are
considered second parents having the responsibility
to mold the child to
become productive members of the community by
devoting energies to study the child behavior using all
available
scientific means and devices in an attempt to provide
each the kind and amount of education they need.
The school
takes the responsibility of preventing the feeling of
insecurity and rejection of the child, which can
contribute directly
to maladjustment and to criminality by setting up
objectives of developing the child into a well-
integrated and useful
law-abiding citizen. The school has also the role
of working closely with the parents and
neighborhood, and other
community agencies and organizations to direct the
child in the most effective and constructive way.
However, the school could be an influence to
delinquency and criminality when teachers are being
disliked
for they are too cross, crabby, grouchy, never smile,
naggers, sarcastic, temperamental, unreasonable,
intolerant, ill
mannered, too strict, and unfair. Conditions like
these makes the students experience frustration,
inadequacy,
insecurity, and confusion, which are most of the time
the “kindergarten of crime”. In short, next to parents
the teachers
stand as foremost in their influence to human
behavior.
The Church - Religion is a positive force for
good in the community and an influence against
crime and
delinquency. The church influences people’s behavior
with the emphasis on morals and life’s highest
spiritual values,
the worth and dignity of the individual, and respect
for person’s lives and properties, and generate the
full power to
oppose crime and delinquency. Just like the family
and the school, the church is also responsible to
cooperate with
institutions and the community in dealing with
problems of children, delinquents and criminals as
regardless to the
treatment and correction of criminal behaviors.
Poverty - Although it is considered passé to say
poverty causes crime, the fact is that nearly 22
percent of
children under the age of eighteen live in poverty.
Poverty, in absolute terms, is more common for
children than for
any other group in society. Ageism, they say, is the
last frontier in the quest for economic equality.
Adolescents from
lower socioeconomic status (SES) families regularly
commit more violence than youth from higher SES
levels. Social
isolation and economic stress are two main products
of poverty, which has long been associated with a
number of D-
words like disorganization, dilapidation,
deterioration, and despair. Pervasive poverty
undermines the relevance of
school and traditional routes of upward mobility. The
way police patrol poverty areas like an occupying
army only
reinforces the idea that society is the enemy whom
they should hate. Poverty breeds conditions that are
conducive to
crime.
The Police - is one of the most powerful occupation
groups in the modern society. The prime mover of
the
criminal justice system and the number one
institution in the community with the broad goals
maintaining peace and
order, the protection of life and property, and the
enforcement of the laws. The police is the authority
having a better
position to draw up special programs against crime
because it is the very reason why the police exist.
That is to protect
the society against lawless elements since they are the
best equipped to detect and identify criminals. The
police is the
agency most interested about crime and criminals
and having the most clearly defined legal power
authority to take
action against them.
Government and Other Components of the CJS -
The government and the other components of the
criminal justice system are the organized authority
that enforces the laws of the land and the most
powerful in the
control of people. Respect for the government is
influenced by the respect of the people running
the government.
When the people see that public officers and
employees are the first ones to violate the laws,
people will refuse to
obey them, they set the first ones to follow and create
an atmosphere conductive to crime and disrespect for
the law.
In this regard, the government itself indirectly abets
the commission of crimes.
Non-Government Organizations (NGOs) - The group
of concerned individuals responsible for helping the
government in the pursuit of community
development being partners of providing the
common good and welfare of
the people, these non-government organizations are
good helpers in providing the required services, thus
preventing
criminality and maintain order.
The Mass Media - The media is the best institution
for information dissemination thereby giving the
public necessary need to know, and do help shape
everyday views about crime and its control.
Media Influence - Popular explanations of juvenile
crime often rest on ideas about the corrupting
influence
of television, movies, music videos, video games,
rap/hip hop music, or the latest scapegoat du jour,
computer games
like Doom or Quake. The fact is that TV is much
more pervasive, and has become the de facto
babysitter in many
homes, with little or no parental monitoring. Where
there is strong parental supervision in other areas,
including the
teaching of moral values and norms, the effect of
prolonged exposure to violence on TV is probably
quite minimal.
When TV becomes the sole source of moral norms
and values, this causes problems. Our nation's
children watch an
astonishing 19,000 hours of TV by the time they
finish high school, much more time than all their
classroom hours
put together since first grade. By eighteen, they will
have seen 200,000 acts of violence, including 40,000
murders.
Every hour of prime time television carries 6-8 acts
of violence. Most surveys show that around 80% of
American
parents think there is too much violence on television.
Most of the scientific research in this area revolves
around tests of two hypotheses: the catharsis effect,
and
the brutalization effect; but I am giving this area of
research more credit than it deserves because it is not
that neatly
organized into two hypotheses. Catharsis means that
society gets it out of their system by watching
violence on TV,
and brutalization means we become so
desensitized it doesn't bother us anymore, but
there are also "imitation"
hypotheses, "sleeper" effects, and lagged-time
correlations. The results of research in this area are
too mixed to give
any adequate guidance, and it may well be that
social science is incapable of providing us with
any good causal
analysis in this area. Only anecdotal evidence of a few
cases of direct influence exist.
Since the early 1990s, a number of films, music
videos, and rap music lyrics have come out depicting
gang
life, drugs, sex, and violence. Watching or
listening to these items gives you the feeling that
the filmmakers or
musicians really know what they're talking about
and tell it like it is, but there have been unfortunate
criminogenic
effects. In 1992, for example, 144 law enforcement
officers were killed in the line of duty. That year, four
juveniles
wounded Las Vegas police officers and the rap song,
Cop Killer, was implicated. At trial, the killers
admitted that
listening to the song gave them a sense of duty and
purpose. During apprehension, the killers sung the
lyrics at the
police station. Another case involved a Texas trooper
killed in cold blood while approaching the driver of a
vehicle
with a defective headlight. The driver attempted a
temporary insanity defense based on the claim he felt
hypnotized
by songs on a 2 Pac album, that the anti-police lyrics
"took control, devouring [him] like an animal,
compelling his
subconscious mind to kill the approaching trooper".
Two of the nation's leading psychiatrists were called
as expert
witnesses in support of this failed defense.
Social Morality - It has become prevalent, especially
among the slacker generations, GenX and Gen13, to
join the
old WWII generation in self-righteous, totally
gratuitous Sixties-bashing, as if all our social
problems, especially our
declining social morality, started with the free-
for-all, "any thing goes" hippie movement of the
1960s. This time
period is often blamed for giving birth to rising
hedonism, the questioning of authority, unbridled
pursuit of pleasure,
the abandonment of family responsibility, demand
for illicit drugs, and a number of other social ills.
Sometimes, even
the AIDS epidemic is blamed on the 1960s, although
such accusers are off by about two decades.
To sixties-bashers, today's juvenile "super
predators" are nothing but a long line of troubled
youngsters who
have grown up in more extreme conditions of
declining social morality than the generation before
them. Their thinking
is that each generation since the sixties has tried hard
to outdo one another in expressing the attitude that
"nothing
really matters", culminating in the present teenage
regard for angst and irony so common in
contemporary culture.
Related Factors
There are other factors that are linked to youth
offending. There is the gender factor, particularly in
patriarchal
societies. Violence is overwhelmingly a male
problem. The roots for this appear to be
primarily social rather than
biological, highlighting the inadequacies of current
socialization of male children, and the promotion of
insensitive
and overbearing male behavioral models and
attitudes in many societies. It was also reported
that the inadequate
monitoring and supervision of children by parents
and other adults could be crucial in realizing a
potential for violence.
Studies show that poor parental supervision or
monitoring, erratic or harsh parental discipline,
parental disharmony,
parental rejection of the child, and low parental
involvement in the child’s activities are all-important
predictors of
offending.
CASUAL FACTORS TO JUVENILE PROBLEM
BEHAVIOR
List of Predictors
The list below is particularly useful in identifying the
components of the strategies of prevention and early
intervention. But the list is not a universal one
that applies to all countries. In any particular
country or society,
methods of preventing or treating antisocial behavior
should be based on empirically validated theories
about causes.
Individual factors:
 Pregnancy and delivery complications
 Low resting heart rate
 Internalizing disorders
 Hyperactivity, concentration problems,
restlessness, and risk taking
 Aggressiveness
 Beliefs and attitudes favorable to deviant or
antisocial behavior
Family factors
 Parental criminality
 Child maltreatment Poor family management
practices
 Low levels of parental involvement abuse.
 Poor family bonding and family conflict  4. In mid-adolescence, kids strive for peer approval
 Parental attitudes favorable to substance abuse and
and violence to impress their closest friends
 Parent-child separation  5. Delinquent acts tend to be committed in small
School factors groups
 Academic failure rather than alone, a process referred to as co-
 Low bonding to school offending.
 Truancy and dropping out of school Youth Gangs
 Frequent school transitions GANG
Peer-related factors - Groups of youths who collectively engage in
 Delinquent siblings delinquent
 Delinquent peers behaviors.
 Gang membership - Groups of young people whose members meet
Community and neighborhood factors together
 Poverty with some regularity, on the basis of group-defined
 Community disorganization criteria of membership and group defined
 Availability of drugs and firearms organizational
 Neighborhood adults involved in crime characteristics ( James Short)
 Exposure to violence and racial prejudice - Groups containing law-violating juveniles and
adults
that are completely organized with established
leadership & membership rules. (David Curry &
Page Irving
1 Spergel)
of 22 Gang
CONTRIBUTORY FACTOR Any denotable adolescent group of youngster
TO JUVENILE who (a) are generally perceived as a distinct
DELINQUENCY aggregation by others in their neighborhood,
(Environment) (b) recognized themselves as a denotable
Peers and Delinquency group, (c) have been involved in a sufficient
Adolescent Peer Relations number of delinquent incidents –( Malcolm
Although parents are the primary source of Klein)
influence and attention in children’s early An interstitial group originally formed
years, adolescent seek out a stable peer spontaneously and then integrated through
group and both the number and the variety conflict. (Frederick Thrasher)
friendships increase. Graffiti
Cliques Inscriptions or drawings made on a wall or
Small groups of friends who share intimate structure & used by delinquents for gang
knowledge and confidences messages and turf definition.
 Loosely organized groups who share interests and PostingPosting
activities  A system of positions, facial expressions &
Crowds body language used by gang members to
Controversial status youth Aggressive kids who convey a message
either liked or intensely disliked  Tossing or flashing gang signs in the presence of
by their peers and who are the ones most likely to rivals, often escalating into a verbal or physical
become engaged in anti-social behavior. confrontation.
Influence of Peers to RepresentingRepresenting
Delinquency Make up of Gangs
1. In adolescence, friends begin to have a greater The ages of gang members range widely,
influence over decision making than parents. but members are staying in gangs longer
 2. Acceptance by peers has a major impact on than in the past so that the average of age
socialization. of gang members is increasing.
 3. Adolescents who maintain delinquent friends are Traditionally, gangs were considered a
more likely to engage in anti- social behavior and male dominated enterprise
drug Today the number of female gang
members and female gangs in rapidly
increasing.
Drug Use and
Delinquency
Frequently abused drugs
 Substance Abuse
- using drugs or alcohol in such a way as to
cause physical, emotional and/or
psychological harm to yourself.
Hashish
- a concentrated form of cannabis made
from unadulterated resin from the female
cannabis plant.
Frequently
abused drugs
Marijuana
- The dried leaves of the cannabis plant. It
is the drug most commonly used by
teenagers.
Cocaine
- Is an alkaloid derivative of the coca plant.
A powerful natural stimulant derived from
the coca plant.Frequently
abused drugs
Marijuana
- The dried leaves of the cannabis plant. It
is the drug most commonly used by
teenagers.
Cocaine
- Is an alkaloid derivative of the coca plant.
A powerful natural stimulant derived from
the coca plant.
 Crack
- is processed street cocaine. A highly
addictive crystalline form of cocaine
containing remnants of hydrochloride and
sodium bicarbonate, which emits a
crackling sound when smoked.
Heroin
- a narcotic made from opium and then
cut with sugar or some other neutral
substance until it is only 1-4 percent pure
Frequently
abused drugs
 Anesthetic drugs
- central nervous system depressants.
Inhalants
- volatile liquids that give off a vapor,
which is inhaled, producing short-term
excitement and euphoria followed by a
period of disorientation.
- some youths inhale vapors from lighter
fluid, paint thinner, to reach a drowsy
dizzy state sometimes accompanied by
hallucinations
 Sedatives
- Drugs of the barbiturate family that
depress the central nervous system into a
sleeplike condition.
Tranquilizers
- drugs that reduce anxiety and promote
relaxation.
Frequently abused
drugs
 Hallucinogens
- Natural or synthetic substances that
produce vivid distortions of the senses
without greatly disturbing consciousness.
Some produce hallucinations and other
cause psychotic behavior.
Stimulants
- Synthetic substances that produce an
intense physical reaction by stimulating
the central nervous system.
Frequently abused
drugs
 Anabolic steroids
- drugs used by athletes and bodybuilders
to gain muscle bulk and strength.
Designer drugs
- lab-made drugs designed to avoid
existing drug laws. Example: “ecstasy.”
 Alcohol
- fermented or distilled liquids containing
ethanol, an intoxicating substance. The
drug of choice for most teenagers.
Addict
- a person with an overpowering physical
or psychological need to continue taking a
particular substance or drug.
 Addiction-Prone Personality
- a personality that has a compulsion for
mood-altering drugs believed by some to
be the cause of substance abuse.
Gateway drug
- a substance that leads to use of more
serious drugs, alcohol use has long been
thought to lead to more serious drug
abuse.
Drug Control Strategies
 Source Control
- deter the sale of drugs through
apprehension of large-volume drug
dealers, coupled with enforcement of drug
laws that carry heavy penalties.
Border Control
- law enforcement efforts in interdicting
drug supplies as they enter the country.Drug Control
Strategies
 Source Control
- deter the sale of drugs through
apprehension of large-volume drug
dealers, coupled with enforcement of drug
laws that carry heavy penalties.
Border Control
- law enforcement efforts in interdicting
drug supplies as they enter the country.
 Targeting Dealers
- law enforcement agencies effort focus on drug
trafficking to bust large-scale drug rings.
Community Strategies
drug-control relies on local community group.
Representatives of local government agencies,
churches, civic organization and similar institutions
being brought together to create drug prevention
programs
Harm Reduction
efforts to minimize the harmful effects caused by
drug use.
Drug Control
Strategies
 Multi Systemic Therapy (MST)
- addresses a variety of family, peer and
psychological problems by focusing on
problem-solving and communication skills
training.
Balanced and Restorative Justice Model
- this model integrates the traditional
rehabilitative philosophy of the juvenile
court with increasing societal concern
about victim’s rights and community
safety.
Drug Control
Strategies
Different behavior pattern
of drug involved youths
 Some youths are occasional users who
might sell to friends
 Others are seriously involved in both drug
abuse and delinquency, many of these are
gang members
 A small percentage of teenage users
remain involved with drugs into adulthoodDifferent
behavior pattern
of drug involved youths
 Some youths are occasional users who
might sell to friends
 Others are seriously involved in both drug
abuse and delinquency, many of these are
gang members
 A small percentage of teenage users
remain involved with drugs into adulthood
WEEK 9
WEEK 9 MODULE
The Different Legal Provisions Guaranteeing the
Rights and Welfare of
the Youth
Law Relative to Juvenile Delinquency In the
Philippines
Enforcement of the laws related to juvenile
delinquency is an important aspect of the entire
prevention
measures or strategies. In the Philippines, the
following discussions are related to laws on juvenile
delinquency.
Presidential Decree No. 603 - is the Child and Youth
Welfare Code of the Philippines which took effect six
months after its approval in December 10, 1974 (June
10, 1975) applies to persons below eighteen (18) years
of age
(RA 6809 lowered the age of minority from 21 to 18
years of age), and such persons are referred to as
child, or minor
or youth.
Who is a Youth Offender under PD 603? A youthful
offender is a child, minor or youth, including one
who is emancipated in accordance with law, who is
over nine years but less than eighteen years of age at
the time of
the commission of the offense. A child nine years of
age or under at the time of the offense shall be
exempt from the
criminal liability and shall be committed to the care
of his father or mother, or nearest relative or family
friend in the
discretion of the court and subject to its supervision.
The same shall be done for a child over nine years
and under
fifteen years of age at the time of the commission of
the offense, unless he acted with discernment, in
which case he
shall be proceeded against in accordance with Article
192. The provisions of Article 80 of the Revised Penal
Code are
repealed by the provisions of this chapter (as
amended by PD 1179, August 15, 1977).
PRESIDENTIAL DECREE 603
“THE CHILD AND YOUTH WELFARE CODE”
The child is one of the most important assets of the
nation. Every effort should be exerted to promote his
welfare and
enhance his opportunities for a useful and happy life
Declaration of Policy (Art. 1 PD 603)
Such declaration of Policy was explicitly explained
as:
The child is not a mere creature of' the state. Hence,
his individual traits and aptitudes should be
cultivated
to the utmost insofar as they do not conflict with the
general welfare. The molding of character of me
child start at
home. Consequently every member of family should
strive to make the home a wholesome and
harmonious place as
its atmosphere and conditions will greatly
influence the child's development. Attachment to
the home and strong
family ties should be encouraged but not to the extent
of making the home isolated and exclusive and
unconcerned
with the interest of the community and the country.
The natural right and duty of parents in the rearing
of the child for civic efficiency should receive the aid
and
support of the government; Other institutions, like
school, the church, the guild and me community in
general, should
assist the home and the state in the endeavor to
prepare the child for the responsibilities of adulthood
(Art 1, PD 603)
HOME & INSTITUTION FOR JD’s:
What is Detention Home?
It is a (24) 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 of jurisdiction.
What is Shelter Care Institution?
It is one that provides temporary protection and
care to children requiring emergency reception as a
result of fortuitous
event, 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.
What is a Child Caring Institution?
It is one that provides twenty-four (24) hour resident
group care service for the physical, mental social and
spiritual
well-being of nine or more mentally gifted,
dependent, abandoned, neglected, abused,
handicapped, disturbed or
youthful offenders.
The 7 Special Categories of Children?
A. Dependent Child – one who is without 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
support.
B. Abandoned Child – one who has no proper
parental love or guardianship or whose parents
or guardian have
deserted him for a period of at least six continuous
months.
C. Neglected Child – one whose basic needs have
been deliberately unattended or inadequately
unattended.
THE TWO CLASSIFICATION OF NEGLECTED
CHILD
 Physical Neglect - when a child is malnourished,
ill-clad without proper shelter; a child is unattended
when
left by himself without provision of his needs and/or
without proper supervision.
 Emotional Neglect - when children are
maltreated, raped or seduced; when children are
exploited,
overworked or made to work under conditions not
conducive to good health; or are made to beg in the
streets
or public places, or when children are in moral
danger; or exposed to gambling, prostitution and
other vices.
D. Mentally Retarded Children - mentally retarded
children are: Socially incompetent, that is socially
inadequate
and occupationally incompetent and unable to
manage their own affairs. Mentally subnormal
Retarded intellectually
from birth or early stage; Retarded at maturity
mentally deficient as a result of constitutional origin;
through hereditary
or disease; & essentially incurable.
Classification of Mental Retardation :
 Custodial Group – The members of the
classification are severely or profoundly retarded,
hence, the least
capable. These include those with IQ's to 25.
 Trainable Group – members of this group consist
of those IQ's from 25–about 50; this group shows a
mental
level rate of development which is 1/4 to ½ that of
average child, is unable to acquire higher academic
skills,
but can usually acquire the basic skills for living to a
reasonable degree.
 Educable Group – This group IQ ranges from 50–
75 and the intellectual development is approximately
^ to
% of that expected of a normal child of the
chronological age. The degree of success or
accomplishment mat
they will reach in ' life depends very much on the
quality and types of education receive, as well as on
the
treatment at home and the community.
 Borderline or Low Normal Group - This is the
highest group of mentally retarded, with IQs from
about 75
to 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.
E. Physically Handicapped Children - physically
handicapped children are those who are crippled,
deaf mute, blind
or otherwise defective which restricts their means of
action on communication with others (Art. 170, PD
603)
F. Emotionally Disturbed Children - emotionally
disturbed children are those who although not
afflicted with
insanity or mental defects are unable to maintain
normal social relations with others & the community
in general due
emotional problems or complexes (Art. 171, PD 603).
G. Mentally ill Children - mentally ill children are
those with any behavioral disorder, whether
functional or organic,
which is of such degree of severity as to require
professional help or hospitalization.
Related Provisions of Act 3815 (Revised Penal Code)
- The provision of Article 189 on the exemption of
liability is the same as Article 12, par.2 and 3 of the
Revised Penal Code: “ The following are exempt
from criminal
liability: xxx ... person under 9 years of age;
person over 9 years of age and under 15 unless
he acted with
discernment, in which case he shall be proceeded
against in accordance with Article 80 of this Code
(now Article 192
of PD 603) xxx ....”
Article 13 of the Revised Penal Code also states: “The
following are mitigating circumstances: xxx 2. That
the offender is under 18 years of age, or over 70
years. In the case of the minor, he shall be
proceeded against in
accordance with the provisions of Article 80 (now
Article 192, PD 603) xxx.” This means that the minor
offender who
is under 18 is entitled to special privileged
mitigating circumstance, hence cannot be off-set
by aggravating
circumstances. Under Article 68 of the RPC, a minor
who is over nine but under 15 is entitled to a penalty
two degrees
lower than that provided by law; while a minor who
is over 15 but under 18 is entitled to a penalty one
degree lower
than that provided by law.
Article 190 - It shall be the duty of the law
enforcement agency concerned to take the
youthful offender,
immediately after apprehension, to any available
government medical or health officer for physical
and mental
examination. The examination and treatment papers
shall form part of the record of the case of the youth
offenders.
Article 191 - A youthful offender held for
examination or trial or pending appeal, if unable to
furnish ball
from the time of his arrest, shall be committed to the
care of the DSWD, or local rehabilitation center in
the locality;
if not available, the provincial, city or municipal jail
shall provide quarters for youthful offenders
separate from other
detainees. The court may, in its discretion, upon
recommendation of the DSWD release the
youthful offender on
recognizance to the custody of his parents or
other suitable person who shall be responsible for
his appearance
whenever required. (If detained in jail, youthful
offender is expected to be escorted by a police officer
every time the
court requires his appearance).
Article 192 - Suspension of Sentence and
Commitment of Youthful Offenders - If after
hearing, the court
finds that the youthful offender has committed the
act charged against him, the court should determine
the imposable
penalty including the civil liability. (However,
instead of pronouncing judgment of conviction,
the court, upon
application of the youthful offender and if it finds
that the best interest of the public as well as that of
the youthful
offender will be served thereby, shall suspend all
further proceedings and shall commit such minor to
the custody or
care of the DSWD or any training institution or
responsible person until he shall have reached 21
years of age, or for
a shorter period as the court may deem proper after
considering the reports and recommendations of the
institution or
person under whose care he has been committed).
Under RA 8369, the judgment is promulgated and
the suspension
of the sentence is automatic, without the need of
application by the YO, see Section 5, par. a).
The benefits of this article does not apply to a
youthful offender who was once enjoyed suspension
of sentence
under its provisions or to one who is convicted of an
offense punishable by death or life imprisonment or
to one who
is convicted for an offense by the Military Tribunals.
(As amended by PD 1179 and PD 1210, October 11,
1978).
Article 194 - Care and Maintenance of Youthful
Offenders - Parents are primarily liable to support
him, if
not then the municipality; province; or the national
government.
Article 195- Report on Conduct of Child. DSWD
or government training institution or individual
under
whose care the Youthful Offender has been
committed – to submit to court every 4 months
or oftener as may be
required to special cases a written report on the
conduct of the YO as well as the intellectual, physical,
moral, social
and emotional progress made upon him.
Article 196- Dismissal of the Case - If it is shown to
the satisfaction of the court that the youthful offender
whose sentenced has been suspended, has behaved
properly and has shown his capability to be a useful
member of
the community even before reaching the age of
majority, upon the recommendation of the DSWD, it
shall dismiss the
case and order his final discharge.
Article 197- Return of Youthful Offender to Court -
The youthful offender shall be returned to the
committing
court for the pronouncement of judgment: (1) when
he is found to be incorrigible or has willfully failed to
comply
with the conditions of his rehabilitation program, (2)
when he has reached the age of 21 while in
commitment (unless
his case is dismissed in accordance with Article 196).
In the latter case, the convicted youth offender may
apply for
probation under the provisions of PD 968. In any
case as, the youthful offender shall be credited in the
service of his
sentence with the full time spent in actual
commitment and detention effected under the
provisions of this chapter.
Article 198- Effect of Released of Child Based on
Good Conduct - The final release of a child pursuant
to
the provisions of this chapter does not obliterate his
civil liability for damages. Such released shall be
without prejudice
to the right for a writ of execution for the recovery of
civil damages.
Article 199 - Living Quarters for Youthful Offenders
– Youthful Offenders under Article 197 shall be
committed
to the proper penal institution to serve the remaining
period of his sentence, provided that, they shall be
provided
with separate quarters and as far as practicable,
group them according to appropriate age levels or
other criteria
as will insure their speedy rehabilitation, provided
further that the Bureau of Prisons shall maintain
agricultural
and forestry camps where youthful offenders may
serve their sentence in lieu of confinement in
regular
penitentiaries.
Article 200- Records of Proceedings - 1) When a
Youthful Offender has been charged and the charges
have
been ordered dropped, all the records of the case
shall be considered privileged and may not be
disclosed directly or
indirectly to any one for any purpose whatsoever. 2)
Where the Youthful Offender has been charged and
the courts
acquits him, or dismiss the case against him or
commits him to an institution and subsequently
releases him, all records
of his case shall also be considered privileged and
may not be disclosed directly or indirectly to anyone
except: a) to
determine if a defendant may have sentence
suspended under Article 192; b) or if he may be
granted probation under
PD 968; c) or to enforce his civil liability if the same
has been imposed in the criminal action. The
Youthful Offender
concerned shall not be held under any probation of
law to be guilty of perjury or of concealment or
misrepresentation
by reason of his failure to acknowledge the case or
recite any fact related thereto in response to any
inquiry made to
him for any purpose.
Records within the meaning of this Article shall
include those, which may be in the files of the NBI,
police
department or any government agency involved in
the case; Medical/treatments records mentioned in
Article 190.
Article 201- Civil Liability of Youthful Offenders -
The civil liability for the acts committed by a
youthful
offender shall devolve upon the offenders father or
mother or the guardian as the case may be. A relative
or family
friend of the youthful offender may also voluntarily
assume civil liability.
Rules and Regulation on the Apprehension,
Investigation, Prosecution and Rehabilitation of
Youthful
Offenders. (Promulgated on February 20,1995 by the
Council for the Welfare of Children).
Pursuant to Article 205 of PD 603, the Council for
the Welfare of Children was created which was
tasked to
promulgate Rules and Regulations necessary for the
purpose of carrying into effect the provisions of the
Code (Article
209).
Objectives: The Rules and regulations seek to
establish basic guidelines on the apprehension,
investigation,
prosecution and rehabilitation of youth offenders
consistent with the needs to protect their rights and
to [promote their
best interest.
Procedure:
1. Apprehension – Arresting Officer (AO) to inform
the youth of the reason of his apprehension and him
advise of his legal rights in a language understood by
him. The youth is then brought to the nearest police
station where the apprehension and the name of the
arresting officer is recorded in the police blotter. The
police officer shall notify the DSWD and the parents
or guardian of the youth within eight (8) hours from
the time of apprehension. Arresting Officer shall not
employ unnecessary force; vulgar or profane words
shall not be used; handcuffs shall not be used unless
absolutely necessary; female youth shall be searched
only by a female police officer.
2. Investigation / Interview – to be held in private and
in the presence of his legal counsel and whenever
possible his parents, guardian or social worker
wherein he shall be advised of his right to remain
silent
and to have a counsel of his own choice.
3. Physical / Mental Examination – before a
government medical or health officer; steps shall
be
undertaken to provide treatment when necessary.
(Most often this process is taken for granted or even
forgotten, hence even during confinement, it is
the duty of the jail officers to take steps to
provide
necessary medical attention to youths needing the
same).
4. Referral of Case to Social Worker – the youth shall
be released to the custody of a social worker or a
responsible person in the community for supervision
and counseling or other interventions that may be
provided for the best interest of the youth.
5. Referral of Case to Prosecutor – if his findings
warrant the AO shall forward the records of the case
of the youth under custody to the prosecutor for the
conduct of inquest or preliminary investigation to
determine whether the youth should remain in
custody and correspondingly charged in court.
The
transmittal letter shall display the word YOUTH
in bold letters. The prosecutor shall encourage
that
counsel represents the youth; a counsel shall be
assigned if his parents is unable to give adequate
representation.
6. Temporary Commitment – the youth under
investigation or trial, if unable to furnish bail,
shall be
committed to the care of The DSWD or
rehabilitation center or detention home separate
and distinct
from jails.
7. Filing of Complaint / Information – if the
evidenced submitted in the inquest or preliminary
investigation engenders a well – founded belief that a
crime has been committed and that the youth is
probably guilty thereof, the corresponding
criminal complaint / information shall be filed
against the
youth in court.
8. Trial – the trial of a case against a youth offender
shall be conducted in accordance with RA 8368.
9. Suspension of Sentence – if after trial, the court
finds that the youth committed the acts charged
against
him, it shall determine the impossible penalty
including the civil liability chargeable against
him.
(However, instead of pronouncing judgment of
conviction, the court upon application of the youth,
shall
suspend all further proceedings and commit the
youth to the custody and care of the DSWD or to any
training institution or responsible person until he has
reached the age of 21 or for a shorter period as the
court may deem proper upon recommendation of the
Department etc.). Refer to Section 5, par. A of RA
8369
WEEK 11

WEEK 11 TOPIC
Distinguish and Contrast PD 603 from RA
9344 and RA 10630
IMPORTANT PROVISIONS OF PD 603
PD 603 – The Child and Youth Welfare Code
- approved on 10 December 1974
- effectivity date is 10 June 1975
- shall apply to persons under 18 years of
age.
PARENTAL AUTHORITY (PATRIA POTESTAS)
- the sum total of the rights of the parents over the
person and property of their child.
- the father and the mother shall exercise jointly just
and
reasonable parental authority and responsibility
over their
legitimate and illegitimate 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.
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 sperm cell and 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 RPC.
- 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 (6) consecutive months (PD 603)
ABANDONED
- refers to a child who has no proper
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.
- a child is unattended when left by himself
without provision for his needs and without
proper supervision.
neglect may occur in two (2) ways:
a.) Physical Neglect
- malnourishment, untidy and
damaged clothing, no shelter.
b.) Emotional Neglect
- maltreated, raped, seduced,
abused, exploited, made to work under
conditions not conducive to good heath or
placed in moral and physical dangerneglect may
occur in two (2) ways:
a.) Physical Neglect
- malnourishment, untidy and
damaged clothing, no shelter.
b.) Emotional Neglect
- maltreated, raped, seduced,
abused, exploited, made to work under
conditions not conducive to good heath 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 of disease
- essentially incurable
5. PHYSICALLY-HANDICAPPED
- crippled, deaf or mute, blind and other
conditions which restrict their means of
action or communication with others.
6. EMOTIONAL 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 behavioural 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.
PHILIPPINE JUVENILE JUSTICE SYSTEM
RA 9344 – the JUVENILE JUSTICE AND
WELFARE ACT OF 2006
- approved on 28 April 2006
- took effect on 20 May 2006
-repealed the provisions of the Revised
Penal Code and Presidential Decree No. 603
on minor offenders.PHILIPPINE JUVENILE
JUSTICE SYSTEM
RA 9344 – the JUVENILE JUSTICE AND
WELFARE ACT OF 2006
- approved on 28 April 2006
- took effect 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 9344JUVENILE 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 after-care to ensure their normal
growth and development.
RESTORATIVE JUSTICE
- refers to a principle which requires a process of
resolving conflicts
with the maximum involvement of the victim, the
offender, the offended
and the community; seeks to obtain reparation for
the victim, reconciliation
of the offender, the offended and the community and
the reassurance to the
offender that he or she can be reintegrated into
society.IMPORTANT TERMS INTRODUCED BY
RA 9344JUVENILE 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 after-care to ensure their normal
growth and development.
RESTORATIVE JUSTICE
- refers to a principle which requires a process of
resolving conflicts
with the maximum involvement of the victim, the
offender, the offended
and the community; seeks to obtain reparation for
the victim, reconciliation
of the offender, the offended and the community and
the 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
- 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
counselling, 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
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.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 not 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.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 not 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. 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 - it shall be the duty of the law enforcement officer to
SENTENCE. determine
10. The right to probation as an alternative to the age of the child apprehended.
imprisonment, if - if the child apprehended is FIFTEEN (15) YEARS
qualified under the Probation Law. OLD OR
11. The right to have the records and proceedings BELOW, the law enforcement officer MUST
involving him be RELEASE THE CHILD TO
considered PRIVILEGED AND CONFIDENTIAL. THE CUSTODY OF HIS OR HER PARENTS
MINIMUM AGE OF CRIMINAL GUARDIANS, OR THE CHILD’S
RESPONSIBILITY NEAREST RELATIVE.
- a child FIFTEEN (15) YEARS OF AGE OR - it shall also be the duty of the law enforcement
UNDER at the time of the commission of the officer to give
offense shall be EXEMPT FROM CRIMINAL notice to the local social welfare and development
LIABILITY, but he shall undergo INTERVENTION officer as to the
PROGRAM. apprehension of the child in conflict with the law.
- a child ABOVE FIFTEEN (15) YEARS OF AGE TREATMENT OF CHILD BELOW THE AGE OF
BUT BELOW EIGHTEEN (18) YEARS OF AGE CRIMINAL RESPONSIBILITY
shall likewise be EXEMPT FROM CRIMINAL - it shall be the duty of the law enforcement officer to
LIABILITY, if he or she acted WITHOUT determine
DISCERNMENT, but he shall undergo the age of the child apprehended.
INTERVENTION PROGRAM. - if the child apprehended is FIFTEEN (15) YEARS
NOTE: They are exempted only from criminal OLD OR
liability and not from civil liability. MINIMUM AGE BELOW, the law enforcement officer MUST
OF CRIMINAL RESPONSIBILITY RELEASE THE CHILD TO
- a child FIFTEEN (15) YEARS OF AGE OR THE CUSTODY OF HIS OR HER PARENTS
UNDER at the time of the commission of the GUARDIANS, OR THE CHILD’S
offense shall be EXEMPT FROM CRIMINAL NEAREST RELATIVE.
LIABILITY, but he shall undergo INTERVENTION - it shall also be the duty of the law enforcement
PROGRAM. officer to give
- a child ABOVE FIFTEEN (15) YEARS OF AGE notice to the local social welfare and development
BUT BELOW EIGHTEEN (18) YEARS OF AGE officer as to the
shall likewise be EXEMPT FROM CRIMINAL apprehension of the child in conflict with the law.
LIABILITY, if he or she acted WITHOUT COMPREHENSIVE JUVENILE INTERVENTION
DISCERNMENT, but he shall undergo PROGRAM
INTERVENTION PROGRAM. - shall be instituted in local government units
NOTE: They are exempted only from criminal from the barangay to the provincial levels.
liability and not from civil liability. - shall include community-based programs on
- a child ABOVE FIFTEEN (15) YEARS OF AGE juvenile justice and welfare. COMPREHENSIVE
BUT JUVENILE INTERVENTION
BELOW EIGHTEEN (18) YEARS OF AGE who PROGRAM
acted WITH - shall be instituted in local government units
DISCERNMENT, shall be subjected to the from the barangay to the provincial levels.
DIVERSION - shall include community-based programs on
PROCEEDINGS and shall undergo DIVERSION juvenile justice and welfare.
PROGRAM, if qualified. SYSTEM OF DIVERSION
- a child ABOVE FIFTEEN (15) YEARS OF AGE - children in conflict with the law shall undergo
BUT diversion
BELOW EIGHTEEN (18) YEARS OF AGE who proceedings subject to the following conditions:
acted WITH 1. The imposable penalty for the crime committed is
DISCERNMENT and who is NOT QUALIFIED NOT MORE
for THAN SIX (6) YEARS OF IMPRISONMENT
DIVERSION, OR REFUSED to undergo 2. In victimless crimes, the imposable penalty is NOT
DIVERSION, shall MORE THAN SIX
be PROSECUTED. (6) YEARS IMPRISONMENT.
TREATMENT OF CHILD BELOW THE AGE OF 3. In cases where the imposable penalty exceeds six
CRIMINAL RESPONSIBILITY (6) years,
diversion measures may be resorted to only by the
court.
- the diversion proceedings shall be completed with
FORTY (45)
DAYS. 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 OF 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 with
FORTY (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.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 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
- 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
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 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
- if the court finds that the objective of the disposition
measures
imposed upon the child have not been fulfilled,
or if the child has
wilfully 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 RPC
2. Mendicancy under PD 1563
3. Sniffing of rugby under PD 1619
REPUBLIC ACT NO. 10630
- amended certain provisions of Republic Act
9344
- renamed RA 9344 into An Act Establishing A
Comprehensive Juvenile Justice and Welfare
System, Creating the Juvenile Justice and Welfare
Council under the Department of Social Welfare,
Appropriating Funds Therefor, and for Other
Purposes.
transferred the administrative supervision of the
Juvenile Justice and Welfare Council (JJWC)
from the
Department of Justice (DOJ) to the Department
of
Social Welfare and Development (DSWD)
- also provided for the creation of the Regional
Juvenile Justice and Welfare Council (RJJWC) in
each
region.
- mandates the establishment of Bahay Pag Asa
and provides for its definition.
BAHAY PAG ASA
-refers to a 24-hour child-caring institution
established, funded and managed by local
government
units (LGUs) and licensed and/or accredited non-
government 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.
BAHAY PAG ASA
-refers to a 24-hour child-caring institution
established, funded and managed by local
government
units (LGUs) and licensed and/or accredited non-
government 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.
shall be operated by a multi-disciplinary
team composed of a social worker, a
psychologist or mental health professional, a
medical doctor, an educational or guidance
counsellor and a member of a Barangay
Council for the Protection of Children. (BCPC)
- shall be the responsibility of the local government
units of
every province and highly-urbanized cities to build,
fund an operate a
Bahay Pag-Asa within their jurisdiction.
- every Bahay Pag-Asa must have a special facility
called the
Intensive Juvenile Intervention and Support Center.
- only CICL whose ages range from above fifteen (15)
but below
eighteen (18) can be admitted to Bahay Pag-Asa
- even if the CICL is fifteen (15) years old or below,
he may also
be admitted to Bahay Pag Asa if the social worker
believes that it is
what is best for the child.
- the minimum age for CICL that can be taken into
the Bahay Pag
Asa is twelve (12) years old. - shall be the
responsibility of the local government units of
every province and highly-urbanized cities to build,
fund an operate a
Bahay Pag-Asa within their jurisdiction.
- every Bahay Pag-Asa must have a special facility
called the
Intensive Juvenile Intervention and Support Center.
- only CICL whose ages range from above fifteen (15)
but below
eighteen (18) can be admitted to Bahay Pag-Asa
- even if the CICL is fifteen (15) years old or below,
he may also
be admitted to Bahay Pag Asa if the social worker
believes that it is
what is best for the child.
- the minimum age for CICL that can be taken into
the Bahay Pag
Asa is twelve (12) years old.
SERIOUS CRIMES COMMITTED BY CHILDREN
IN CONFLICT WITH THE LAW
Crimes classified as serious crimes by RA 10630:
1) parricide;
2) Murder;
3) Infanticide;
4) Kidnapping and serious illegal detention where the penalty to be imposed shall be the maximum
victim is killed or raped; penalty provided by law ( Section 20-C of RA
5) Robbery with homicide; 10630)
6) Robbery with rape; VIOLATION OF LOCAL ORDINANCES
7) Destructive arson; section 57-A of RA 10630 exempts children from
8) Rape; punishment
9) Carnapping where the driver or occupant is killed for the following violations of city or municipal
or raped; and ordinances:
10) Offenses under Republic Act No. 9165 or the 1) Curfew
Comprehensive Dangerous Drugs Act of 2002 that 2) Truancy;
are punishable by more than (12) twelve years of 3) Parental disobedience;
imprisonment. 4) Smoking;
5) Drinking
- provides that a child who is above (12) years of age 6) Disorderly conduct;
up to 7) Public scandal;
fifteen (15) years of age who committed any of the 8) Harassment;
crimes classified as 9) Drunkenness;
serious crime shall be deemed a neglected child 10)Public intoxication;
and shall be 11)Criminal nuisance;
mandatorily placed in Bahay Pag-asa under its 12)Vandalism;
Intensive Juvenile 13)Gambling;
Intervention and Support Center (Section 20-A of 14)Mendicancy;
RA 10630 15)Littering;
CICL whose age is above twelve (12) years of age up 16)Public urination; and
to fifteen 17)trespassing
(15) years who will commit serious crime as defined - a child who will be violating any city or municipal
must be taken to ordinance related to the enumerated acts above shall
Bahay Pag-asa instead, despite being exempted from be exempt from criminal liability but an
criminal liability. appropriate
REPETITION OF OFFENSES intervention program will be provided for him.
- A CICL whose age is above twelve (12) up to In this particular instance, children who shall be
fifteen (15) years old, who had already caught violating city or municipal ordinances will not
subjected to a community-based intervention be called children in conflict with the law, instead,
program for a commission of a crime and who they
would again commit another crime, shall also will be referred to as child at risk in all official
be deemed as a neglected child and shall be documents and records..
mandatorily placed in Bahay Pag-asa to
undergo an intensive intervention program
supervised by the DSWD (Section 20-B of RA
10630 FINALS
EXPLOITATION OF CHILDREN FOR
COMMISSION
OF CRIMES WEEK 13 TOPIC
- any person who shall abuse his authority
over a child , or who shall induce, threaten or Early Stages of Delinquency
instigate a child to commit crime, is punishable Prevention
for the crime committed by the child and the Early Stages of Delinquency
penalty to be imposed shall be the maximum Prevention
penalty provided by law ( Section 20-C of RA 1. Home-Based Programs
10630)EXPLOITATION OF CHILDREN FOR programs which involves the provision of
COMMISSION support for families.
OF CRIMES a supportive & loving home environment,
- any person who shall abuse his authority parents care for their children’s health
over a child , or who shall induce, threaten or and general well-being.
instigate a child to commit crime, is punishable 2. Parenting Skills Program
for the crime committed by the child and the main focus is on parent training programs
with the objective of improving parenting
skills and to improve the parent-child
bond.
 Day care Programs
Programs that designed to working
parents. This program affords children a
number of benefits which includes social
interaction and stimulation of cognitive,
sensory and motor control skills.
Pre-School Programs
Geared more toward preparing children
for school. Usually children ages 3-5
which considers as the formative years of
brain development.
Page
1 are linked with development of delinquent
of 2
WEEK 13 TOPIC
THE DELINQUENCY PREVENTION
PREVENTING JUVENILE DELINQUENCY:
The prevention of delinquency requires identifying
at-risk individuals and their
environments before delinquent activity and
behavior occur and then removing such risk factor
or strengthening resistance to the risk factors already
present. The most logical starting place for
prevention efforts is the FAMILY.
Build family cohesiveness and parent-child
relationship by taking time each week to have
fun as a family spending 10-15 minutes alone with the
child at least once a week and listening
attentively to them. Monitor the child’s activity.
Always ask where they are going, with whom,
and when will be back Set logical rules for behavior
according to the child’s age and then apply
age appropriate consequences fairly and
consistently when rules are broken. Get to know
the
child’s friends and their families. Adopt a
democratic parenting styles by allowing the
child’s
voice to be heard; listen carefully when they are
talking and make good eye contact at all times.
Offer to help academic problems and show concern
about their studies and behavior at school.
At the end of each day ask what went in school and
what problems occurred.
Talk to them about peer pressure, and the
physical and emotional changes expected
during teen years. Calmly explain what you expect
from them in the way of appropriate behavior.
Assist the child in making good decisions by being a
good role model; make good decisions and
show to them how to solve problems. Use natural or
logical consequences in applying discipline.
For example if a child write on the wall a logical
consequence would be for him to scrub the wall,
clean and paint it. Enrol them in youth recreational
activities such as boys and girls club to avoid
them idle.
Delinquency Prevention Measures
In order to prevent the development of delinquent
behavior in children, the factors that
increase the risk of the growth of such behavior need
to be identified. Once these factors are
identified, then strategies to address them,
including enhancing the protective factors for
children to resist the effect of the risk factors, can be
planned and implemented.
The body of research on delinquency and crime has
identified a number of factors which
behavior. These factors can be grouped in the
following broad categories: the family, the
community, the school, the individual and the peer
group.
Within each of these categories, specific risk factors
can be identified, such as child abuse
and family disintegration, economic and social
deprivation,
low neighborhood attachment, parental attitudes
condoning law violating behavior, academic
failure, truancy, school drop-out, lack of bonding
with society, fighting with peers, and early
initiation of problem behaviors. The more these risk
factors a child is exposed to, the more likely
delinquent and violent behavior may develop. Hence,
prevention strategy is designed to reduce
identified risk factors while strengthening protective
factors.
Prevention Strategies - These include healthy beliefs
and clear standards for productive,
law-abiding behavior, and bonding with adults who
adhere to these beliefs and standards.
Key principles for preventing and reducing at-risk
behavior and delinquency include:
 Strengthen families in their role of providing
guidance and discipline and instilling sound
values as their children's first and primary teachers.
 Support core social institutions, including schools,
churches, and other community-based
organizations, to alleviate risk factors and help
children develop to their maximum
potential.
 Promote prevention strategies that reduce the
impact of risk factors and enhance the
influence of protective factors in the lives of youth at
greatest risk of delinquency.
 Intervene with youth immediately when delinquent
behavior first occurs.
Establish a broad spectrum of graduated sanctions
that provides accountability and a
continuum of services to
WEEK 14 TOPIC
Approaches &
Strategies of Delinquency
Prevention
Approaches of Delinquency
Prevention
Aside from punishment and strict
repression, delinquency prevention is
usually defined in these three approaches:
1. Delinquency prevention is the sum total of
all activities that contribute to the
adjustment of children and to healthy
personalities in children.
2. Delinquency prevention is the attempt
to deal with particular environmental
conditions that are believe to contribute
to delinquency.
3. Delinquency Prevention consists of
specific preventive services provided to
individual children or groups of children
Strategies of Delinquency
Prevention
1. General Deterrence
concept holds that the choice to commit a
delinquent act is structured by the threat
and punishment.
- Kids believe that their illegal behavior
will result in apprehension and severe
punishment thus most will be deterred to
commit crimes.
2. Specific Deterrence
holds that if offenders are punished
severely, the experience will convince
them not to repeat their illegal acts.
3. Situational Deterrence
rather than deterring or punishing
individuals in order to reduce delinquency
rates, situation prevention strategies aim
to reduce the opportunities for people to
commit particular crimes.
Strategies of Delinquency
Prevention
Effective Delinquency
Prevention
1. Educational Model
programs that assists families and children by
providing them information and let them be
aware on the effects and consequences of
drugs, gangs, sex and weapons.
2. Community Involvement
Involvement in community groups provides
youth with an opportunity to interact in a safe
social environment. Ex. girl scout, boy scout,
church youth group, etc.
 Parent-Child interaction
program that places parents and children
in interactive situation. It has been shown
to reduce hyperactivity, attention deficit,
aggression and anxious behavior in
children.
Bullying Prevention
Individual bullies and victims receive
independent counseling in order to
discourage future commission of an
offense. Parent-Child interaction
program that places parents and children
in interactive situation. It has been shown
to reduce hyperactivity, attention deficit,
aggression and anxious behavior in
children.
Bullying Prevention
Individual bullies and victims receive
independent counseling in order to
discourage future commission of an
offense.
 Intervention Assistance
a youth entering the juvenile justice
system has the opportunity to receive
intervention assistance from the
government.
- a youth may receive drug rehabilitation
assistance, counseling and educational
opportunities.
Youth Institution
program which gears toward restoring
delinquent youth, designed to assist
youthful offenders by providing them with
the help they need to change their
behavior.
 Ending repeat offenses
out of the facility, youths face the
challenge of readjusting to “free life”. They
must create a pattern of life separate from
criminal activity.
Functional Family therapy
family therapist works with the family and
helps individual members see how they
can positively motivate change in their
Home.
WEEK 15 TOPIC
Effective Delinquency
Prevention
Effective Delinquency
Prevention
1. Educational Model
programs that assists families and children by
providing them information and let them be
aware on the effects and consequences of
drugs, gangs, sex and weapons.
2. Community Involvement
Involvement in community groups provides
youth with an opportunity to interact in a safe
social environment. Ex. girl scout, boy scout,
church youth group, etc.
 Parent-Child interaction
program that places parents and children
in interactive situation. It has been shown
to reduce hyperactivity, attention deficit,
aggression and anxious behavior in
children.
Bullying Prevention
Individual bullies and victims receive
independent counseling in order to
discourage future commission of an
offense. Parent-Child interaction
program that places parents and children
in interactive situation. It has been shown
to reduce hyperactivity, attention deficit,
aggression and anxious behavior in
children.
Bullying Prevention
Individual bullies and victims receive
independent counseling in order to
discourage future commission of an
offense.
 Intervention Assistance
a youth entering the juvenile justice
system has the opportunity to receive
intervention assistance from the
government.
- a youth may receive drug rehabilitation
assistance, counseling and educational
opportunities.
Youth Institution
program which gears toward restoring
delinquent youth, designed to assist
youthful offenders by providing them with
the help they need to change their
behavior.
 Ending repeat offenses
out of the facility, youths face the
challenge of readjusting to “free life”. They
must create a pattern of life separate from
criminal activity.
Functional Family therapy
family therapist works with the family and
helps individual members see how they
can positively motivate change in their
Home.
WEEK 16 TOPIC
THE JUVENILE JUSTICE &
JUVENILE CORRECTIONS
* DEVELOPMENT OF JUVENILE JUSTICE
Rules and Regulation on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youthful Offenders.
(Promulgated on February 20,1995 by the Council for the
Welfare of Children).
Pursuant to Article 205 of PD 603, the Council for
the Welfare of Children was created which was tasked to
promulgate Rules and Regulations necessary for the purpose
of carrying into effect the provisions of the Code (Article
209).
Objectives: The Rules and regulations seek to
establish basic guidelines on the apprehension, investigation,
prosecution and rehabilitation of youth offenders consistent
with the needs to protect their rights and to [promote their best
interest.
Procedure:
1. Apprehension – Arresting Officer (AO) to
inform the youth of the reason of his
apprehension and him advise of his legal rights
in a language understood by him. The youth is
then brought to the nearest police station where
the apprehension and the name of the arresting
officer is recorded in the police blotter. The
police officer shall notify the DSWD and the
parents or guardian of the youth within eight (8)
hours from the time of apprehension. Arresting
Officer shall not employ unnecessary force;
vulgar or profane words shall not be used;
handcuffs shall not be used unless absolutely
necessary; female youth shall be searched only
by a female police officer.
2. Investigation / Interview – to be held in private
and in the presence of his legal counsel and
whenever possible his parents, guardian or social
worker wherein he shall be advised of his right
to remain silent and to have a counsel of his own
choice.
3. Physical / Mental Examination – before a
government medical or health officer; steps shall
be undertaken to provide treatment when
 necessary. (Most often this process is taken for
granted or even forgotten, hence even during
confinement, it is the duty of the jail officers to
take steps to provide necessary medical attention
to youths needing the same).
4. Referral of Case to Social Worker – the youth
shall be released to the custody of a social
worker or a responsible person in the community
for supervision and counseling or other
interventions that may be provided for the best
interest of the youth.
5. Referral of Case to Prosecutor – if his findings
warrant the AO shall forward the records of the
case of the youth under custody to the prosecutor
for the conduct of inquest or preliminary
investigation to determine whether the youth
should remain in custody and correspondingly
charged in court. The transmittal letter shall
display the word YOUTH in bold letters. The
prosecutor shall encourage that counsel
represents the youth; a counsel shall be assigned
if his parents is unable to give adequate
representation.
6. Temporary Commitment – the youth under
investigation or trial, if unable to furnish bail,
shall be committed to the care of The DSWD or
rehabilitation center or detention home separate
and distinct from jails.
7. Filing of Complaint / Information – if the
evidenced submitted in the inquest or
preliminary investigation engenders a well –
founded belief that a crime has been committed
and that the youth is probably guilty thereof, the
corresponding criminal complaint / information
shall be filed against the youth in court.
8. Trial – the trial of a case against a youth
offender shall be conducted in accordance with
RA 8368.
9. Suspension of Sentence – if after trial, the court
finds that the youth committed the acts charged
against him, it shall determine the impossible
penalty including the civil liability chargeable
against him. (However, instead of pronouncing
judgment of conviction, the court upon
application of the youth, shall suspend all further
proceedings and commit the youth to the custody
and care of the DSWD or to any training
institution or responsible person until he has
reached the age of 21 or for a shorter period as
the court may deem proper upon
recommendation of the Department etc.). Refer
to Section 5, par. A of RA 8369.
Republic Act No. 7610 – Special Protection of
Children Against Child Abuse, Exploitation and
Discrimination Act. (Approved June 17, 1992).
As can be gleaned from the title, the objective of the
law is for the protection of the child from becoming a
VICTIM of child abuse, exploitation and discrimination. It
does not speak of the child or minor as offender. However, it
does not mean to preclude the possibility that the minor is not
capable of committing the acts prohibited by the law. It is a
given fact that sometimes, minors conceal their true age in
order to be able to avail for themselves some activities only
adults are supposed to do. But what is important is that, we the
adults in our family and / or community should be vigilant in
the protection of our youths against abuse, exploitation and
discrimination, more particularly child prostitution and other
sexual abuse; child trafficking; obscene publication and
indecent shows; acts of abuse such as neglect, cruelty and
other conditions prejudicial to the child’s development, and
circumstances which endanger child survival and normal
development.
Republic Act No. 8369 – The Family Courts Act of
1997 (Approved on October 28,1997).
An act establishing Family Courts, granting them
Exclusive Original Jurisdiction over Child and Family Case,
Amending BP Blg. 129, as amended, otherwise known as the
Judiciary Reorganization Act of 1980, appropriating funds
therefore and for other purposes.
Sec. 5 – Jurisdiction of Family Courts - The Family
Court shall have exclusive original jurisdiction to hear and
decide the following cases:
1. Criminal cases where one or more of the accused
is below 18 but not less than 9 years of age, or
where one or more of the victim is a minor at the
time of the commission of the offense, Provided
if the minor is guilty, the court shall promulgate
sentence and ascertain any civil liability which
the accused may have incurred. The sentence
however, shall be suspended without need of
application pursuant to PD 603.
2. Petition for guardianship, custody of children
and habeas corpus in relation to the latter;
3. Petition for adoption of children and revocation
thereof;
4. Complaints for annulments of marriage,
declaration of nullity of marriage and thus
 relating to marital status and property relations of
husband and wife or those living together under
different status and agreements, and petition for
dissolution of conjugal partnership of gains;
5. Petition for support and or acknowledgement;
6. Summary Judicial Proceedings brought under the
provisions of the Family Code of the Philippines;
7. Petition for declaration of status of children as
abandoned, dependent of children or neglected,
petitions for voluntary or involuntary
commitment of children, the suspension,
termination, or restoration of parental authority
and other cases cognizable under PD 603 and
other related laws.
8. Petitions for constitution of the family home;
9. Cases against minor cognizable under Dangerous
Drug Act as amended;
10. Violations of R.A. 7610 as amended by R.A.
7658
11. Cases of domestic violence against: 1) women 2)
children
REPUBLIC ACT NO. 9344 - THE “JUVENILE JUSTICE
AND WELFARE ACT OF 2006”
Republic Act Number 9344 - An Act Establishing A
Comprehensive Juvenile Justice and Welfare System,
Creating the Juvenile Justice and Welfare Council
What is juvenile justice system? :  Cases against children 18 years old and below at the
It is a system involving police or law enforcement
agencies, courts & juvenile correctional agencies.
The similarities between adult and juvenile system
Police officers, judges, and correctional personal use
of discretion in the decision making in both the adult and the
juvenile system; The right to receive Miranda warnings
applies to juveniles, as well as to adults; Juveniles and adults
are protected from prejudicial line-ups or other identification
procedures; Similar procedural safeguards protect juveniles
and adults when they make an admission of guilt; Prosecutors
and defense counsels play equally critical rules in "juvenile
and adult advocacy; Juveniles and adult are have the right to
counsel at most key stages of the court process.
SIMILARITIES…
 Pre-trial motions are available in juvenile and
criminal court proceedings
 Negotiations and the plea-bargaining exists for
children and adult offenders
 Children and adults have a right to a hearing and an
appeal
 The standards of evidence in juvenile delinquency
adjudication, as in adult, criminal trials, is proof
beyond reasonable doubt
 Juveniles and adults can be placed on probation by
the court;
 Both juveniles and adults can placed in pre-trial
detention facilities\
 After trial, both can be placed in community
treatment program
 Nature between juvenile and adult justice system.
DIFFERENCES BETWEEN ADULT AND JUVENILE
JUSTICE SYSTEM:
The primary purpose of juvenile procedures is the
protection and treatment, with adults, the aim is to punish the
guilty; Juveniles can be detained for acts that would not be
criminal if they were committed by an adult (status offenses)
Juvenile proceedings are not considered criminal;
Juvenile court procedures are generally informal and
private; those adult courts are formal & open to the public;
Courts cannot release identifying information about juvenile to
the press, but they must release information about adult; The
standard of arrest is more stringent for adult than juveniles
Parents are highly involved in the juvenile process
but not in the adult process; Juveniles are released into
parental custody. Adults are generally given the opportunity
for bail; Juveniles can be searched in school without probable
cause or warrants.
A juvenile's record is sealed when the age of majority is
reached. The record of an adult is permanent; The court cannot
sentence juveniles to city/municipality jails or state prisons;
while these can be applicable for adults
REPUBLIC ACT 9344: 
An Act Establishing a Comprehensive Juvenile
Justice and Welfare System   Date Signed by the President:
May 4, 2006
FEATURES:
time the crime was committed shall immediately be dismissed.
These children shall then be referred to the appropriate local
social welfare and development officer, who will determine
whether to release them to the custody of their parents or have
them go through rehabilitation program. Those with
suspended sentences and undergoing rehabilitation shall also
be released, unless it is contrary to the best interest of the
child.
Should the child be detained pending trial, RA 9344,
stated that “a family court shall also determine whether or not
continued detention is necessary, and if not, determine
appropriate alternatives for detention. If detention is necessary
and he or she is detained with adults, the court shall
immediately order the transfer of the child to a youth detention
home.
Children who have been convicted and are serving
out their sentence shall also benefit from the retroactive
application of the law and be entitled to appropriate treatment
provided under the law. It exempts children 18 years old and
below from criminal liability. They will only be subjected to
an intervention program- a series of activities designed to
address issues that caused the child to commit an offense.
Intervention may take the form of an individualized
treatment program that could include counseling, skills
training, education and other activities that will enhance the
child’s well-being. Children above 15 or below 18 may have
to face appropriate proceedings if the prosecution proves they
acted with discernment in committing an offense. The international standards of child protection, especially
exemption granted however do not cover civil liability. those to which the Philippines is a party. Proceedings
RA 9344 also created a Juvenile Justice and Welfare before any authority shall be conducted in the best
Council composed of representatives from various interest of the child and in a manner, which allows
government agencies, which will convene 15 days after this the child to participate and to express himself/herself
law goes into effect.  The Council, which will be chaired by freely. The participation of children in the program
the DSWD Secretary, will ensure the effective implementation and policy formulation and implementation related to
of RA 9344. juvenile justice and welfare shall be ensured by the
The local council will serve as the primary agency to concerned government agency.
coordinate with and assist local government units on the (c) The State likewise recognizes the right of children to
adoption of a comprehensive plan to prevent delinquency and assistance, including proper care and nutrition, and
to oversee its proper implementation. One percent of the IRA special protection from all forms of neglect, abuse,
of barangays, municipalities and cities shall be allocated for cruelty and exploitation, and other conditions
the strengthening and implementation of the programs of the prejudicial to their development.
local council. Each local government unit is in charge of (d) Pursuant to Article 40 of the United Nations
disbursing this allocation. Convention on the Rights of the Child, the State
recognizes the right of every child alleged as, accused
ROLE OF THE MEDIA:  of, adjudged, or recognized as, having infringed the
Under RA 9344, media practitioners are ordered to penal law to be treated in a manner consistent with
maintain the highest professional standards in reporting and the promotion of the child’s sense of dignity and
covering cases of children in conflict with the law. Any undue, worth, taking into account the child’s age and
inappropriate and sensationalized publicity of any case desirability of promoting his/her reintegration.
involving a child in conflict with law is hereby declared a Whenever appropriate and desirable, the State shall
violation of the child’s rights. adopt measures for dealing with such children
without resorting to judicial proceedings, providing
ROLE OF THE POLICE:  that human rights and legal safeguards are fully
The Juvenile Justice Law also guides law enforcers respected. It shall ensure that children are dealt with
on how to handle children properly once they are taken into in a manner appropriate to their well-being by
custody. providing for, among others, a variety of disposition
Law enforcers shall refrain from “using vulgar or measures such as care, guidance and supervision
profane words and from sexually harassing or abusing, or orders, counseling, probation, foster care, education
making sexual advances on the child in conflict with the law”. and vocational training programs and other
The law added that law enforcers shall not display any alternatives to institutional care.
firearm, weapons or handcuffs, unless necessary in (e) The administration of the juvenile justice and welfare
apprehending child offenders. system shall take into consideration the cultural and
Law enforcers shall turn over custody of the child religious perspectives of the Filipino people,
“immediately but not later than eight hours after particularly the indigenous peoples and the Muslims,
apprehension” to the Social Welfare and Development Office consistent with the protection of the rights of children
or other accredited non-government organizations and notify belonging to these communities.
the child’s parents or guardians and the public attorneys’ (f) The State shall apply the principles of restorative
office of the child’s apprehension. The Social Welfare and justice in all its laws, policies and programs
Development Office shall then explain to the child and the applicable to children in conflict with the law.
child’s parents or guardians “the consequences of the child’s
act with a view towards counselling and rehabilitation,
diversion from the criminal justice system and reparation, if Construction - In case of doubt, the interpretation of
appropriate.
any of the provisions of the Rules shall be construed
liberally in favor of the child in conflict with the law, i.e.,
consistent with the best interest of the child, the declared
IMPORTANT FEATURES
state policy, the rights of the child in conflict with the law,
and the principle of restorative justice.
State Policy - The following State policies shall be
observed at all times:

(a) The State recognizes the vital role of children and

youth in nation building and shall promote and
protect their physical, moral, spiritual, intellectual
and social well being. It shall inculcate in the youth
patriotism and nationalism, and encourage their
involvement in public and civic affairs.
(b) The State shall protect the best interests of the child
through measures that will ensure the observance of
Definition of terms - As used in these Rules, the term/s:
(a) “Bail” refers to the security given for the release of
the person in custody of the law, furnished by
him/her or a bondsman, to guarantee his/her
appearance before any court.
(b) “Best interest of the child” refers to the totality of
the circumstances and conditions most congenial to
the survival, protection and feelings of security of the
child and most encouraging to the child’s physical,
psychological and emotional development. It also
means the least detrimental available alternative for
safeguarding the growth and development of the
child.
(c) “Child” refers to a person under the age of eighteen
(18) years.
(d) “Children at risk” refers to children who are
vulnerable to and at the risk of committing criminal
offenses because of personal, family and social
circumstances, such as, but not limited to, the
following:
(1) being abused by any person through sexual,
physical, psychological, mental, economic
or any other means and the parents or
guardian refuse, are unwilling, or unable to
provide protection for the child;
(2) being exploited including sexually or
economically;
(3) being abandoned or neglected, and after
diligent search and inquiry the parent or
guardian cannot be found;
(4) coming from a dysfunctional or broken
family or without a parent or guardian;
(5) being out of school;
(6) being a street child;
(7) being a member of a gang;
(8) living in a community with a high level of
criminality or drug abuse; and
(9) living in situations of armed conflict.
(e) “Child in conflict with the law” refers to a child
who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.
(f) “Community-based programs” refers to the
programs provided in a community setting developed
for purposes of intervention and diversion, as well as
rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community.
(g) “Court” refers to a family court or, in places where
there are no family courts, any regional trial court.
(h) “Deprivation of liberty” refers to any form of
detention or imprisonment, or to the placement of a
child in conflict with the law in a public or private
custodial setting, from which the child in conflict
with the law is not permitted to leave at will by order
of any judicial or administrative authority.
(i) “Diversion” refers to an alternative, child-
appropriate process of determining the responsibility
and treatment of a child in conflict with the law on
the basis of his/her social, cultural, economic,
psychological or educational background without
resorting to formal court proceedings.
(j) “Diversion Program” refers to the program that the
child in conflict with the law is required to undergo
after he/she is found responsible for an offense
without resorting to formal court proceedings.
(k) “Initial contact with the child” refers to the
apprehension or taking into custody of a child in
conflict with the law by law enforcement officers or
private citizens. It includes the time when the child
alleged to be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112 of the
Revised Rules of Criminal Procedure or summons
under Section 6(a) or Section 9(b) of the same Rule
in cases that do not require preliminary investigation
or where there is no necessity to place the child
alleged to be in conflict with the law under
immediate custody.
(l) “Intervention” refers to a series of activities
designed to address issues that caused the child to
commit an offense. It may take the form of an
individualized treatment program, which may include
counseling, skills training, education, and other
activities that will enhance his/her psychological,
emotional and psycho-social well-being.
(m) “Juvenile justice and welfare system” refers to a
system dealing with children at risk and children in
conflict with the law, which provides child-
appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation,
reintegration and aftercare to ensure their normal
growth and development.
(n) “Law enforcement officer” refer to the person in
authority or his/her agent as defined in Article 152 of
the Revised Penal Code, including a barangay tanod.
(o) “Offense” refers to any act or omission whether
punishable under special laws or the Revised Penal
Code, as amended. It includes violations of traffic
laws, rules and regulations, and ordinances of local
government units.
(p) “Recognizance” refers to an undertaking in lieu of a
bond assumed by a parent or custodian who shall be
responsible for the appearance in court of the child in
conflict with the law, when required.
(q) “Status Offenses” refers to offenses, which
discriminate only against a child, while an adult does
not suffer any penalty for committing similar acts.
These shall include curfew violations, truancy,
parental disobedience and the like.
(r) “Victimless Crimes” refers to offenses where there
is no private offended party.
(s) “Youth Detention Home” refers to a 24-hour child-
caring institution managed by accredited LGUs and
licensed and/or accredited 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; also
referred in these Rules as “Youth Home.”
(t) “Youth Rehabilitation Center” refers to a 24-hour
residential care facility that provides children in
conflict with the law with care, treatment and
rehabilitation services under the guidance of trained
staff where children in conflict with the law on
suspended sentence, or “residents,” are cared for
under a structured therapeutic environment with the
end view of reintegrating them in their families and
 communities as socially functioning individuals; also
referred in these Rules as “Youth Center.”
Rights of the child in conflict with the law
Every child in conflict with the law shall have the
following rights, including but not limited to:
(a) The right to be treated with humanity and respect for
the inherent dignity of the person, and in a manner
which takes into account the needs of a person of
his/her age;
(b) The right not to be subjected to torture or other cruel,
inhuman or degrading treatment or punishment;
(c) The right not to be imposed a sentence of capital
punishment or life imprisonment, without the
possibility of release;
(d) The right not to be unlawfully or arbitrarily deprived
of his/her liberty; that detention or imprisonment
being a disposition of last resort, shall be for the
shortest appropriate period of time;
(e) The right to be separated from adult offenders at all
times. In particular, the child shall:
(1) Not be detained together with adult
offenders.
(2) Be conveyed separately to or from the court.
(3) Await hearing of his/her own case in a
separate holding area.
(f) The right to maintain contact with his/her family
through correspondence and visits save in
exceptional circumstances;
(g) The right to prompt access to legal and other
appropriate assistance, as well as the right to
challenge the legality of the deprivation of his/her
liberty before a court or other competent,
independent and impartial authority, and to a prompt
decision on such action;
(h) The right to bail and recognizance, in appropriate
cases;
(i) The right to testify as a witness in his/her own behalf
under the rule on examination of a child witness;
(j) The right to have his/her privacy respected fully at all
stages of the proceedings;
(k) The right to diversion if he/she is qualified and
voluntarily avails of the same;
(l) The right to be imposed a judgment in proportion to
the gravity of the offense where his/her best interest,
the rights of the victim and the needs of society are
all taken into consideration by the court, under the
principle of restorative justice;
(m) The right to have restrictions on his/her personal
liberty limited to the minimum, and where discretion
is given by law to the judge to determine whether to
impose fine or imprisonment, the imposition of fine
being preferred as the more appropriate penalty;
(n) In criminal prosecutions, the rights:
(1) Not to be held to answer for a criminal
offense without due process of law;
(2) To be presumed innocent until the contrary
is proved beyond reasonable doubt;
(3) To be heard by him/herself and counsel;
(4) To be informed promptly and directly of the
nature and cause of the accusation against
him/her, and if appropriate, through his/her
parents or legal guardian;
(5) To be present at every stage of the
proceedings, from arraignment to
promulgation of judgment;
(6) To have legal and other appropriate
assistance in the preparation and
presentation of his/her defense;
(7) To testify as a witness in his/her own behalf
and subject to cross-examination only on
matters covered by direct examination,
provided that the Rule on the Examination
of a Child Witness shall be observed
whenever convenient and practicable.
(8) Not to be compelled to be a witness against
him/herself and his/her silence shall not in
any manner prejudice him/her;
(9) To confront and cross-examine the
witnesses against him/her;
(10) To have compulsory process to secure the
attendance of witnesses and production of
other evidence in his/her behalf;
(11) To have a speedy, impartial and public trial,
with legal or other appropriate assistance
and preferably in the presence of his/her
parents or legal guardian, unless such
presence is considered not to be in the best
interests of the juvenile taking into account
his/her age and other peculiar
circumstances;
(12) To appeal in all cases allowed and in the
manner prescribed by law; and
(13) To be accorded all the rights under the Rule
on Examination of a Child Witness.
(o) In general, the right to automatic suspension of
sentence;
(p) The right to probation as an alternative to
imprisonment, if qualified under the probation law;
(q) The right to be free from liability for perjury,
concealment or misrepresentation; and
(r) Other rights as provided for under existing laws, rules
and regulations.
These rights of children in conflict with the law shall
serve as guiding principles in the administration of the
Juvenile Justice and Welfare System.
Principle of Restorative Justice
Restorative justice refers to a principle that requires a
process of resolving conflicts with the maximum involvement
of the victim, the offender and the community. It seeks to
achieve the following:

(a) Reparation for the victim;
(b) Reconciliation of the offender, the offended and the
community;
(c) Reassurance to the offender that he/she can be
reintegrated into society; and
(d) Enhancement of public safety by activating the
offender, the victim and the community in prevention
strategies.
Children of Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs)
Consistent with Section 15 of Republic Act No. 8371
or “The Indigenous Peoples Rights Act of 1997,” ICCs/IPs
shall, in dealing with children in conflict with the law, have
the right to use their own commonly accepted justice systems,
conflict resolution institutions, peace building processes or
mechanisms and other customary laws and practices within
their respective communities and as may be compatible with
the national legal system and with internationally recognized
human rights.
THE JUVENILE JUSTICE AND WELFARE COUNCIL
The Juvenile Justice and Welfare Council (JJWC),
created under Section 8 of the Act, shall ensure the effective
implementation of the Act, including these Rules. In
fulfillment of this mandate, the JJWC shall ensure the
effective coordination among the following agencies, the
duties and responsibilities of which are found in Part XVII of
these Rules:
(a) Council for the Welfare of Children;
(b) Department of Education;
(c) Department of the Interior and Local Government;
(d) Public Attorney’s Office;
(e) Bureau of Corrections;
(f) Parole and Probation Administration;
(g) National Bureau of Investigation;
(h) Philippine National Police;
(i) Bureau of Jail Management and Penology;
(j) Commission on Human Rights;
(k) Technical Education and Skills Development
Authority;
(l) National Youth Commission; and
(m) Other institutions focused on juvenile justice and
intervention programs, as may be determined by the
JJWC.
Composition
As provided in Section 8 of the Act, the JJWC shall
be composed of representatives of the following
departments or agencies:
(a) Department of Justice (DOJ);
(b) Department of Social Welfare and Development
(DSWD);
(c) Department of Education (DepEd);
(d) Department of the Interior and Local Government
(DILG);
(e) Council for the Welfare of Children (CWC);
(f) Commission on Human Rights (CHR);
(g) National Youth Commission (NYC); and
(h) Two (2) representatives from non-government
organizations (NGOs), one to be designated by the
Secretary of Justice and the other to be designated by
the Secretary of Social Welfare and Development.
Administration and organization of the JJWC
The JJWC is attached to the DOJ and placed under its
administrative supervision. As such, the DOJ has the authority
to:
(1) Generally oversee the operation of JJWC
and ensure that it is managed effectively,
efficiently and economically;
(2) Manage the secretariat of the JJWC;
(3) Require the JJWC to submit periodic
reports, such as those reflecting the progress
of its programs and projects;
(4) Cause the conduct of management audit,
performance evaluation and inspection of
the JJWC to determine its compliance with
policies, standards and guidelines of the
Department;
(5) Take such action as may be necessary for
the performance of official functions,
including rectifications, abuses and other
forms of misadministration by its personnel;
(6) Review and pass upon the budget of the
JJWC; and
(7) Call all regular and special meetings of the
JJWC.
Chairperson of the JJWC
As provided by Section 8 of the Act, the JJWC shall
be chaired by the DSWD through an Undersecretary appointed
by the Secretary of Social Welfare and Development. As the
JJWC chair, the DSWD shall:
(1) Preside over all regular and special meetings of
the JJWC;
(2) Closely monitor the programs of the JJWC;
 (3) Represent the JJWC in conferences, meetings and
other programs; and
(4) Sign communications for the JJWC.
In the absence of the chairperson, the JJWC shall be
chaired by the DOJ.
Organizational structure and staffing pattern
As provided in Section 8 of the Act, the Secretary of
Justice and the Secretary of Social Welfare and Development
shall determine the organizational structure and staffing
pattern of the JJWC, which include the JJWC secretariat. The
secretariat shall among other functions to be determined by the
JJWC:
(1) Prepare the periodic reports for the JJWC;
(2) Prepare the budget of the JJWC; and
(3) Invite resource persons in the meetings and
programs of the JJWC. The Secretary of Justice shall appoint
the officers and staff of the JJWC secretariat upon a favorable
recommendation of the JJWC.
Designation of representatives to the JJWC
The concerned department or agency heads shall
designate their representatives to the JJWC, whose ranks shall
not be lower than director, except in the case of the NYC,
whose representative must have the rank of at least
commissioner. The heads of the concerned departments or
agencies shall name a permanent and an alternate
representative, respectively with ranks of at least
Undersecretary and Director, who shall regularly attend
meetings and programs of the JJWC.
Duties and functions of the JJWC
The JJWC has the duty to oversee the
implementation of the Act and all Rules issued in relation
thereto. Pursuant to this duty, it shall:
(1) Coordinate the implementation of the juvenile
intervention programs and activities by national
government agencies and other activities which
may have an important bearing on the success of
the entire national juvenile intervention program.
All programs relating to juvenile justice and
welfare shall be adopted in consultation with the
JJWC.
(2) Call the attention of the departments and
agencies concerned to perform their respective
duties and responsibilities under the Act and
these Rules and assist them if necessary to
ensure the effective implementation of the Act.
(3) Mobilize resources and call upon government
agencies as well as private organizations to
provide resource assistance to support the
implementation of the Act. The JJWC shall
regularly conduct meetings and submit an annual
report to the President on the implementation of
the Act. The annual report shall include, among
others:
a. Identification of the strengths and
weaknesses in the implementation of the
Act;
b. Appraisal of the performance of the
government agencies in relation to their
duties and responsibilities under the Act;
and
c. Recommendations on how to improve the
implementation of the Act and the
administration of the juvenile justice and
welfare system. The JJWC shall prescribe a
common reporting form for all the agencies
under Rule 8 to facilitate the preparation of
the Annual Report. The JJWC shall also
perform such other functions as may be
necessary to implement the provisions of the
Act.
Advisory function of the JJWC
The JJWC shall advise the President on all matters
and policies relating to juvenile justice and welfare. It shall
bring to the attention of the President the gaps in existing
policies and recommend appropriate remedial legislation or
other policy measures that address these gaps.
Policy formulation and program development
The JJWC shall periodically develop a
Comprehensive National Juvenile Intervention Program, as
provided in Rule 17 herein. It shall formulate and recommend
policies and strategies in consultation with children for the
prevention of juvenile delinquency and the administration of
justice, as well as for the treatment and rehabilitation of the
children in conflict with the law. The JJWC shall also set the
criteria that LGUs must meet in establishing their respective
community-based programs for the rehabilitation and
reintegration of children in conflict with the law.
Research and evaluation
The JJWC shall collect relevant information and
conduct continuing research support evaluations and studies
on all matters relating to juvenile justice and welfare, such
as, but not limited to the:
 (1) Performance and results achieved by juvenile
intervention programs and by activities of the
local government units and other government
agencies;
(2) Periodic trends, problems and causes of juvenile
delinquency and crimes; and
(3) Particular needs of children in conflict with the
law in custody. A data banking system for all
data needed in the evaluation and improvement
of the administration of juvenile justice and
welfare system shall be developed and
maintained by the JJWC. The JJWC shall set up
a mechanism to ensure that children are involved
in research and policy development. The JJWC
shall also receive and evaluate the assessments
submitted by provincial and city governments on
the implementation of the comprehensive
juvenile intervention program as provided in
Section 18 of the Act and Rule 18 herein.
Inspection
The JJWC, through duly designated persons and with
the assistance of the agencies under Section 8 of the Act (Rule
9) shall conduct regular inspections in detention and
rehabilitation facilities and to undertake spot inspections on
their own initiative in order to check compliance with the
standards provided in the Act and the Rules and to make the
necessary recommendations to appropriate agencies.
Assistance to agencies
The JJWC shall, pursuant to Section 10 of the Act,
assist the concerned government agencies in:
(1) Reviewing and enhancing existing
policies/regulations or in the formulation of new
ones in line with the provisions of this Act and
the Rules; and formulating their respective
policies and procedures consistent with the
standards set in the law and in modifying the
same upon the completion of the national
juvenile intervention program as provided in
Rule 14.
(2) The JJWC shall also initiate and coordinate the
conduct of trainings for the personnel of
agencies involved in the administration of the
juvenile justice and welfare system.
(3) The JJWC shall be informed by the DSWD in
cases where licensed and accredited private and
non-government organizations establish Youth
Detention Homes as provided under Section 49
of the Act and Rule 76 herein.
Coordination with the Court
To ensure the realization of its mandate and the
proper discharge of its duties and functions, the JJWC shall
coordinate with the Office of the Court Administrator and the
Philippine Judicial Academy by inviting resource persons
from these offices during consultation meetings.
Non-government organizations
Two (2) representatives from non-government
organizations (NGOs) shall serve as members of the JJWC,
one representative to be designated by the Secretary of Justice
and the other to be designated by the Secretary of Social
Welfare and Development.
An NGO, to be designated as a member of the JJWC,
must be involved in child-related advocacy or work of at least
two (2) years prior and up to the time of designation. The
additional qualifications of the NGOs shall be respectively
determined by the Secretaries of Justice and of Social Welfare
and Development.
Each NGO representative designated under Rule 13.a
shall have a term of two (2) years. In the event a representative
is not able to complete the prescribed term, the Secretary
designating such representative shall designate another NGO
to serve the unexpired portion of the term.
An NGO representative, even one that is not able to
complete the term of two years, cannot be appointed to the
JJWC for two consecutive terms.
Policies and procedures on Juvenile Justice
The policies and procedures of all government
agencies shall promote a common and conscious
understanding of issues concerning juvenile justice and
welfare, be consistent and avoid duplicating or contradicting
policies that result to confusion. As such, the following shall
be observed in the drafting, formulation or development of
such policies and procedures:
(a) Policies and procedures on juvenile justice and
welfare of all government agencies enumerated
in Section 8 of the Act shall not only be
consistent with the standards set in the law but
also with the National Juvenile Intervention
Program. Policies and procedures shall be
modified accordingly in consultation with the
JJWC upon the completion of the National
Juvenile Intervention Program as provided under
Rule 17 below and Section 9(d) of the Act.
(b) Each government agency shall see to it that its
policies and procedures are consistent with that
of other government agencies.
(c) If the standards set in the Act require the
involvement of several government agencies
enumerated in Section 8 of the Act, only a single
policy and/or procedure pertaining to those
standards shall be issued. The lead agency shall
be identified by the JJWC.
 (d) In the event that policies and procedures of a
government agency not enumerated in Section 8
of the Act affect the juvenile justice and welfare
system, the concerned government agency shall
seek the assistance of the JJWC.
The participation of children in the program and
policy formulation and implementation relating to juvenile
justice and welfare shall be ensured by each government
agency.
LOCAL COUNCILS FOR THE PROTECTION OF
CHILDREN
All levels of local government shall have Local
Councils for the Protection of Children (LCPCs) as provided
in Section 15 of the Act. The LCPC in each level of local
government unit (LGU) is:
(1) Province – Provincial Council for the Protection
of Children (PCPC);
(2) City – City Council for the Protection of
Children (CCPC);
(3) Municipality – Municipal Council for the
Protection of Children (MCPC); and
(4) Barangay – Barangay Council for the Protection
of Children (BCPC). In LGUs where LCPCs are
not yet established, the concerned LGU shall
immediately establish an LCPC upon the
effectivity of the Act and ensure that it is
performing its duties and responsibilities as
provided in these Rules. Where they have been
established, the LCPCs shall be strengthened by
their respective LGUs.
Each barangay, municipality and city shall
appropriate in its annual budget one percent (1%) of its annual
internal revenue allotment (IRA) for the strengthening and
implementation of the programs of the LCPC. The LGU
Duties and responsibilities of the LCPC
concerned shall be responsible for the disbursement of the
fund as provided by existing laws. Funds disbursed by LGUs
on current programs of the LCPC shall be deemed as
appropriate disbursement under Section 15 of the Act.
However, the one percent (1%) IRA allocation under in this
Rule is different from the budget disbursed by the LGUs for
social services.
Membership in the LCPC shall be chosen from
among the responsible members of the community,
including a representative from the youth sector, as well as
representatives from government and private agencies
concerned with the welfare of children. Pursuant to DILG
Memorandum Circular No. 2002-121, the LCPC in each
level of LGU shall be composed of:
(1) PCPC - Chairperson -Provincial Governor ,
Members -Sangguniang Panlalawigan Member ,
(Chairperson, Committee on Women and Family)
DILG Provincial Director, Provincial Social Welfare
and Development Officer , Provincial Labor and
Employment Officer , Division Superintendent of
DepEd , Provincial Planning & Development
Officer , Provincial Budget Officer , Provincial
Health Officer , Provincial Nutrition Officer ,
Provincial PNP Director , Provincial Commander,
AFP , Provincial Treasurer , President, League of
Municipalities , Provincial SK Federation President ,
Child Representative , At least three (3)
representatives of NGOs
(2) CCPC and MCPC - Chairperson -City / Municipal
Mayor, Members -Sangguniang Panlungsod /
Pambayan Member , (Chairperson, Committee on
Women and Family) , DILG City / Municipal Field
Officer , City / Municipal Social Welfare and
Development , Officer , Division Superintendent /
District Supervisor of DepEd , Local Labor and
Employment Officer , City / Municipal Planning &
Development Officer , City / Municipal Budget
Officer , City / Municipal Health Officer , City /
Municipal Nutrition Officer , City / Municipal PNP
Director , City / Municipal Treasurer , City /
Municipal LIGA ng mga Barangay President , City /
Municipal SK Federation President , Parent –
Teachers Association (PTA) President , Child
Representative , At least three (3) representatives of
NGOs
(3) BCPC - Chairperson -Punong Barangay , Members -
Barangay Kagawad (Chairperson on Women and
Family) , Barangay Nutrition Scholar , Barangay Day
Care Worker , Barangay Health Nurse / Midwife ,
Barangay Health Worker , DepEd Principal /
Teacher-in-charge , Chief Tanod , SK Chairperson ,
Child Representative , PTA President or his/her
representative , NGO Representative , Membership in
the LCPC shall be subject to the review and
amendment of the DILG through appropriate
issuances.
All LCPCs shall:
(1) Serve as the primary agency to coordinate with and
assist the LGU concerned for the adoption of the
Comprehensive Juvenile Intervention Program as
provided in Rule 18 below, and to oversee its proper
implementation;
(2) Coordinate with and assist the LGUs in calling on all
sectors concerned, particularly the child-focused
institutions, NGOs, people’s organizations,
educational institutions and government agencies
involved in delinquency prevention to participate in
the planning process and implementation of juvenile
intervention programs;
(3) Coordinate with LGUs in the annual review and
assessment of the comprehensive juvenile
intervention programs;
(4) Coordinate with and assist the SK in the formulation
and implementation of juvenile intervention and
diversion programs in the community;
(5) Provide coordinative linkages with other agencies
and institutions in the planning, monitoring and
evaluation of juvenile intervention and diversion
programs in the community;
(6) Assist the Punong Barangay in conducting diversion
proceedings in cases provided under Section 23(a) of
the Act and Rule 43.b below;
(7) Assist the Local Social Welfare and Development
Officer (LSWDO) in the development of the
appropriate diversion program
(8) Institute together with schools, youth organizations
and other concerned agencies the community-based
programs on juvenile justice and welfare initiated by
LGUs;
(9) Conduct capability building programs to enhance
knowledge and skills in handling children’s
programs;
(10) Establish and maintain a database on children in the
local government. Specifically, for the purpose of this
Act, the LCPCs shall maintain a database of children
in conflict with the law, which shall include the
children who undergo intervention, diversion and
rehabilitation programs and after-care support
services;
(11) Document best practices on juvenile intervention and
prevention;
(12) Advocate and recommend local legislations
promoting child survival, protection, participation
and development, especially on the quality of
television shows and media prints and coverage,
which are detrimental to children, and with
appropriate funding support;
(13) Conduct an inventory of all NGOs serving children in
conflict with the law and mobilize them as resources
for the effective implementation of the Act;
(14) Review existing policies of units providing services
to children in conflict with the law, determine the
barriers to access to these services, and take the
necessary action to improve access to these services.
In addition to its functions under Presidential Decree
No. 603, or the “The Child and Youth Welfare Code”
[“P.D. 603”] and Republic Act No. 8980, or the
“ECCD Act,” each BCPC shall perform the
following functions consistent with the objectives of
the Act on juvenile intervention and delinquency
prevention:
 Encourage the proper performance of the
duties of parents, and provide learning
opportunities on the adequate rearing of
children and on positive parent-child
relationship;
 Assist parents, whenever necessary in
securing expert guidance counseling from
the proper governmental or private welfare
agency;
 In addition, it shall hold classes and
seminars on the proper rearing of children. It
shall distribute to parents available literature
and other information on child guidance.
The Council shall assist parents, with
behavioral problems whenever necessary, in
securing expert guidance counseling from
the proper governmental or private welfare
agency;
 Coordinate the activities of organizations
devoted to the welfare of children in
coordination with the Sangguniang
Kabataan and secure their cooperation;
 Protect and assist children at risk; and
 Take steps to prevent juvenile delinquency
and assist parents of children with
behavioral problems so that they can get
expert advise.
Responsibility of BCPC members
Members of the BCPC shall have the following
additional responsibilities:
(1) To take custody of the child in conflict with the
law who is found to be fifteen (15) years of age
or below if the parents, guardians or nearest
relatives of the child cannot be located, or if they
refuse to take custody as provided in Section 20
of the Act and Rule 31.b below.
(2) To be present in the initial investigation of the
child in conflict with the law in the absence of
the child’s parents, guardian, or nearest relative,
and the LSWDO as provided in Section 22 of the
Act and Rule 23.b. The presence of the member
of the BCPC, or in the alternative, the
representative of an NGO or a faith-based group,
may be required in the initial investigation to
ensure that the rights of the child are protected
during that stage.
INITIAL CONTACT WITH THE CHILD
Initial contact refers to the apprehension or taking
into custody of a child in conflict with the law by a law
enforcement officer or private citizen. It includes the time
when the child alleged to be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112 of the Revised Rules
of Criminal Procedure or summons under Section 6(a) or
Section 9(b) of the same Rule in cases that do not require
preliminary investigation or where there is no necessity to
place the child alleged to be in conflict with the law under
immediate custody.
If initial contact by private citizens or non-law
enforcement officers - In the event a child in conflict with the
law is apprehended or taken into custody by private citizens,
the child shall be immediately referred to the appropriate law
enforcement officer for the child to undergo the proper
investigation as provided in the succeeding Rules.
Procedure for taking child into custody
From the moment the child is taken into custody,
the law enforcement officer shall faithfully observe the
following procedure as provided in Section 21 of the Act:
(a) Properly identify him/herself and present proper
identification to the child.
(b) Immediately notify the child’s parents/guardians, the
local social welfare and development officer
(LSWDO), and the Public Attorney’s Office of the
child’s apprehension. The notification shall be made
not later than eight (8) hours after apprehension.
(c) Explain to the child in simple language and in a
language or dialect that he/she can understand: The
reason for placing the child under custody; The
offense that he/she allegedly committed; and His/her
constitutional rights.
(d) Immediately start the determination of the age of the
child in accordance with the guidelines provided in
Rule 30 of this Act.
(e) Take the child immediately to the proper medical and
health officer for a thorough physical and mental
examination. Whenever the medical treatment is
required, steps shall be immediately undertaken to
provide the same.
(f) Turn over the custody of the child to the LSWDO or
other accredited nongovernmental organizations
immediately but not later than eight (8) hours after
apprehension. The turn over of custody shall be done
within the same eight (8) hours referred in item (b)
under this Rule. However, in cases where the child is
found to be below the age of criminal responsibility
as defined in Section 20 of the Act, the law
enforcement officer shall immediately release the
child to his/parents in accordance with Rule 31
below. The turnover of children below the age of
criminal responsibility to parents notwithstanding,
the law enforcement officer shall proceed with the
initial investigation, where appropriate. The above
procedure must be conducted in strict observance of
the prohibitions provided in Section 21 of the Act and
in Rule 28 below while the law enforcement officer is
in custody of the child.
(g) A child in conflict with the law shall only be
searched by a law enforcement officer of the same
gender as prescribed in Section 21 of the Act.
Initial Investigation: Nature and objective
The initial investigation is the stage after initial
contact when the law enforcement officer takes the statement
of the child in conflict with the law. The law enforcement
officer shall, in the conduct of the initial investigation,
determine where the case involving the child in conflict with
the law should be referred.
Who conducts; who are present
As provided in Section 22 of the Act, the law
enforcement officer, specifically from the Women and
Children Protection Desk where present, shall take the
statement of the child during the initial investigation, which
shall be conducted in the presence of the following:
(1) Child’s counsel of choice or in the absence thereof, a
lawyer from the Public Attorney’s Office;
(2) Child’s parents, guardian, or nearest relative, as the
case may be; and
(3) LSWDO. In the absence of the child’s parents,
guardian, or nearest relative, and of the LSWDO, the
investigation shall be conducted in the presence of a
representative of an NGO or faith-based group, or a
member of the BCPC.
In taking the statement of the child, the law
enforcement officer shall observe the following guidelines:
(1) The investigation shall be child friendly and be
conducted in a non-intimidating manner.
(2) The interview of the child shall be conducted in a
separate interview room to make the child feel
comfortable and free to express him/herself.
(3) The law enforcement officer shall use simple and
understandable language in taking the statement of
the child during the initial investigation.
(4) The law enforcement officer shall allow the LSWDO,
or the persons taking his/her place as above
enumerated, to actively assist in conducting the initial
investigation.
(5) There should be enough privacy to avoid unnecessary
interruptions, distractions and/or participation from
non-parties that could humiliate or make the child
uncomfortable.
(6) The written statement to be prepared shall reflect the
language used by the child and not the language used
by the law enforcement officer. The initial
investigation shall be conducted in the best interest of
the child and in a manner, which allows the child to
participate and to express him/herself freely.
Signing statements
The law enforcement officer conducting the initial
investigation shall ensure that all statements signed or thumb
marked by the child during investigation shall be witnessed by
the child’s parents or guardian, the LSWDO, or if not present,
any other social worker, or counsel in attendance, who shall
affix his/her signature to the said statement. After taking the
statement of the child who is above fifteen (15) years of age
but below eighteen (18) years of age, the law enforcement
officer shall refer the records of the child to the LSWDO for
an assessment if the child acted with discernment as provided
in Rule 34. The law enforcement officer shall transmit the
following records of the child to the LSWDO:
(1) Written statement of the child;
 (2) Other pertinent records such as the documents
showing the basis for the determination of the age of
the child;
(3) Medical report if available; and
(4) All other records that may assist the LSWDO in
making an assessment if the child acted with
discernment.
The LSWDO shall, as part of the initial investigation,
assess if the child acted with discernment in accordance with
Rule 34 and make the necessary recommendation to the law
enforcement officer on the basis of said assessment. The law
enforcement officer shall consider the assessment made by the
LSWDO in preparing the report of the initial investigation and
in deciding where to refer the case of the child.
Report on initial investigation; what to record
After the initial investigation, the law enforcement
officer conducting the same shall prepare a report, which
contains the following information:
(1) Whether handcuffs or other instruments of restraint
were used, and if so, the reason for such;
(2) That the parents or guardian of a child, the DSWD or
the LSWDO, and the PAO have been duly informed
of the apprehension and the details thereof;
(3) The exhaustion of measures to determine the age of a
child;
(4) The basis for the determination of the age of the
child;
(5) The precise details of the physical and medical
examination or the failure to submit a child to such
examination;
(6) To whom the child was released and the basis for the
release; and
(7) Where the case shall be referred as provided in the
next Rule and the basis for such disposition, i.e., the
nature of the offense allegedly committed by the
child, the corresponding imposable penalty for the
commission of the alleged offense, and the
assessment of discernment as provided in Rule 34.
Where the case shall be referred
After the initial investigation, the law enforcement
officer shall determine if the case of the child shall be referred
to:
(1) The LSWDO for intervention in accordance with
Section 20 of the Act and Part VII of these Rules if
the child is Fifteen (15) years old or below; or Above
15 but below 18 years of age and acted without
discernment.
(2) Diversion, in accordance with Section 23 of the Act
and Part VIII of these Rules, under the: Law
enforcement officer if the child is above 15 but below
18 years of age, acted with discernment and allegedly
committed an offense with an imposable penalty of
not more than six (6) years of imprisonment; or
LSWDO if the child is above 15 but below 18 years
of age, acted with discernment and allegedly
committed an offense that is a victimless crime with
an imposable penalty of not more than six (6) years
of imprisonment.
(3) The prosecutor or judge if the child is above fifteen
(15) but below 18 years of age, acted with
discernment and allegedly committed an offense with
an imposable penalty of more than six (6) years of
imprisonment. The report on the initial investigation
as required under Rule 23.f. shall state where the case
shall be referred and the basis for such disposition,
which include the following information: The nature
of the offense allegedly committed by the child; The
corresponding imposable penalty for the commission
of the offense; and Where the case of the child shall
be referred in the event of an assessment that the
child acted with discernment as provided in Rule 34.
Turnover of Custody
In all cases, the law enforcement officer shall turn
over the physical custody of the child to the LSWDO within
eight (8) hours from apprehension, as required under Section
21(i) of the Act. The physical custody of the child shall be
transferred to the LSWDO even if the law enforcement officer
has not yet exhausted all measures to determine the age of the
child under Rule 30 and even if the initial investigation under
Rule 23 has not yet been terminated. After the physical
custody of the child is turned over, the LSWDO shall then
explain to the child and the child’s parents/guardians the
consequences of the child’s act with a view towards
counseling and rehabilitation, diversion from the criminal
justice system, and reparation, if appropriate, as required by
Sec. 21(i) of the Act. In the event a child whose custody is
turned over by the law enforcement officer is fifteen (15)
years old or below, the LSWDO shall take all measures to
release the child to the parents or guardians, or to any of the
persons or organizations provided in Rule 31.b, and proceed
with the development of appropriate programs.
Pending turnover of custody
Pending the turn over of the custody of the child to
the parents, guardians or the LSWDO, as in cases when the
child is apprehended at night time or during weekends, the law
enforcement officers shall ensure that the child shall be
temporarily secured in an area separate from that of the
opposite sex and adult offenders and not put in the detention
cell or jail. The temporary physical custody of child in such
cases may also be given to a duly registered NGO, i.e.,
licensed and accredited by the DSWD, a faith-based
organization, a barangay official, or a member of the BCPC.
Duty to maintain confidentiality and privacy
From the time he/she takes custody of the child in
conflict with the law, the law enforcement officer shall
handle the case of the child with utmost confidentiality.
Particularly, the law enforcement officer shall:
(a) Use a system of coding that provides aliases for
children taken into custody;
(b) Maintain a separate logbook for children in conflict
with the law;
(c) Exclude the public, particularly the media, from the
area where the child is being held in custody pursuant
to Section 43 of the Act;
(d) Not provide any detail or information to the public,
particularly the media, that shall lead to the identity
of the child;
(e) Keep the results of the medical examination
confidential; and
(f) Mark the records of the child and the report on the
initial investigation as confidential. The law
enforcement officer shall direct the media to observe
the Guidelines for Media Practitioners on the
Reporting and Coverage of Cases Involving Children
issued by the Special Committee for the Protection of
Children.
Prohibited acts when in custody of child
(1) Detention - A child in conflict with the law shall not
be locked up in a detention cell .The child shall not
be detained in the provincial, city or municipal jail,
even if there are quarters separate from adult
detainees.
(2) Search by an officer of the opposite sex - A child in
conflict with the law shall not be searched by a law
enforcement officer of the opposite sex.
(3) Contact with adult offenders and offenders of
opposite sex - Should the detention of the child in
conflict with the law be necessary pending turnover
to the LSWDO or the other persons who may take
custody of the child under Section 21(i) of the Act
[Rule 31.b], the child shall be secured in quarters
separate from that of the opposite sex and adult
offenders.
(4) Vulgar language - As required under Section 21(d)
of the Act, the law enforcement officer having
custody of the child shall refrain from using vulgar or
profane words and from sexually harassing or
abusing, or making sexual advances on the child in
conflict with the law.
(5) Harassment and abuse - The law enforcement
officer shall refrain from sexually harassing or
abusing, or making sexual advances on the child in
conflict with the law.
(6) Display and use of instruments of force or restraint
- The law enforcement officer shall refrain from
subjecting the child in conflict with the law to greater
restraint than is necessary for apprehension. If
handcuffs or other instruments of restraint are used
on the child, the law enforcement officer shall record
such fact in the report on the initial investigation as
required under Section 21(l) of the Act and Rule 23.f,
and the reason for the use of such instruments of
restraint. As required under Section 21(e) of the Act,
the law enforcement officer from the time of initial
contact with the child shall also avoid displaying or
using any firearm, weapon, handcuffs or other
instruments of force or restraint, unless absolutely
necessary and only after all other methods of control
have been exhausted and have failed.
(7) Violence or unnecessary force - As prescribed by
Section 21(g) of the Act, the law enforcement officer
shall avoid the use of violence or unnecessary force
on the child in conflict with the law.
Prohibitions also applicable to non-law enforcement
officers - Other authorities including but not limited to persons
to whom custody of the child is turned over under and all
persons having contact with the child in conflict with the law
shall also strictly observe the prohibitions under this Rule.
CRIMINAL RESPONSIBILITY
Who are exempt? As provided in Section 6 of the
Act, the following shall be exempt from criminal liability:
(1) A child fifteen (15) years of age or under at the time
of the commission of the offense;
(2) A child above fifteen (15) years but below eighteen
(18) years of age who acted without discernment at
the time of the commission of the offense.
Treatment of children exempt from criminal
responsibility
Children exempt from criminal liability as referred in
this Rule shall be subjected to an intervention program
pursuant to Section 20 of the Act and Part VII of these Rules.
Non-exemption from civil liability - the exemption from
criminal liability of children under this Rule does not include
exemption from civil liability, which shall be enforced in
accordance with existing laws.
Who determines the age; when and how - As
provided in Rule 22, the law enforcement officer having
initial contact with the child, after taking the child into
custody, shall immediately determine the age of the child.
In making such determination, the law enforcement officer
shall, consistent with Section 7 of the Act, take any or all of
the following measures to ascertain the age of the child:

(1) Obtain documents that show proof of the child’s
age, such as:
(a) Child’s birth certificate;
(b) Child’s baptismal certificate; or
(c) Any other pertinent documents such as
but not limited to the child’s school
records, dental records or travel papers.
The law enforcement officer may obtain
the above documents from any of the
following:
(a) Parents, guardian or relatives of the
child (for copies of any of the above
documents);
(b) Local civil registrar or the National
Statistics Office (for a copy of the birth
certificate);
(c) School the child attends (for school
records, dental records, birth certificate
or baptismal certificate, when required
by the school);
(d) Local health officer (for medical
records); and
(e) Church (for baptismal records).
(2) When the above documents cannot be obtained
or pending receipt of such documents, the law
enforcement officer shall exhaust other measures
to determine age by:
(a) Interviewing the child and obtaining
information that indicate age (e.g., date
of birthday, grade level in school);
(b) Interviewing persons who may have
knowledge of the age of the child (e.g.,
relatives, neighbors, teachers,
classmates);
(c) Evaluating the physical appearance
(e.g., height, built) of the child; and
(d) Obtaining other relevant evidence of
age. The law enforcement officer may
obtain the assistance of the LSWDO
and the BCPC in gathering documents
and other relevant information in
ascertaining the age of the child.
In case of doubt; presumption of minority - In case of
doubt as to the age of the child, after all measures are
exhausted to determine it, the age shall be resolved in his/her
favor. As provided in Section 7 of the Act, the child in conflict
with the law shall enjoy the presumption of minority. He/She
shall enjoy all the rights of a child in conflict with the law
until he/she is proven to be eighteen (18) years old or older.
If age is contested - As provided in Section 7 of the
Act, any person contesting the age of the child in conflict with
the law prior to the filing of the information in any appropriate
court may file a case in a summary proceeding for the
determination of age before the Family Court which shall
decide the case within twenty four (24) hours from receipt of
the appropriate pleadings of all interested parties. If a case has
been filed against the child in conflict with the law and is
pending in the appropriate court, the person shall file a motion
to determine the age of the child in the same court where the
case is pending. Pending hearing on the said motion,
proceedings on the main case shall be suspended. In all
proceedings, law enforcement officers, prosecutors, judges
and other government officials concerned shall exert all efforts
at determining the age of the child in conflict with the law.
Below the age of criminal responsibility
If it has been determined that the child taken into
custody is fifteen (15) years old or below, the authority
which will have initial contact with the child has the duty to:
(1) Immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof,
the child’s nearest relative; and
(2) Notify the LSWDO for the determination of
appropriate intervention and prevention programs for
the child.
Custody of child below age of criminal responsibility
If the parents, guardians or nearest relatives cannot
be located, or if they refuse to take custody of the child, the
child may be released by the authority having initial contact
with the child to any of the following:
(1) A duly registered non-governmental organization,
i.e., duly licensed and accredited by the DSWD;
(2) A faith-based organization;
(3) A barangay official;
(4) A member of the BCPC;
(5) An LSWDO; or
(6) The DSWD when and where appropriate.
If parents, guardians or relatives are unable to take
custody of the child due to mental or physical incapacity or
incarceration, the child shall be referred to alternative
placement such as foster homes, in addition to what has been
provided in the Act.
Duty of the local social worker
Immediately after being notified of the apprehension
of the child fifteen (15) years old or below, the LSWDO shall
(1) Prepare a case study report on the child; and (2) Determine
the appropriate intervention and prevention programs in
consultation with the child and the person having custody over
the child. The LSWDO shall also determine if the child is
abandoned, neglected or abused by his/her parents for
purposes of filing a petition for involuntary commitment if
necessary. If the safety of the child is in danger in view of the
alleged commission of the offense, the LSWDO shall
encourage the parent or guardian of the child to request for
temporary custody of the child to the DSWD or licensed and
accredited NGOs. In the event the parent or guardian does not
agree to the request for temporary custody of the child, the
LSWDO shall carefully review the case of the child and file a
petition for involuntary commitment when sanctioned by law,
in accordance with P.D. 603 and the SC Rule on Commitment
of Children.
Petition for involuntary commitment
A petition for involuntary commitment may be filed
by the LSWDO with the technical assistance of DSWD, or by
the DSWD if:
(a) The child in conflict with the law is found by the
LSWDO to be abandoned, neglected or abused by
his/her parents; or
(b) he parents do not comply with the intervention and
prevention programs as determined under Part VII of
these Rules. A child in conflict with the law is
considered:
(1) “Abandoned” when the child has no proper
parental care or guardianship or when the
child’s parents or guardians have deserted
him/her for a period of at least six (6)
continuous months, as provided in Art.
141(2), Title VIII of P.D. 603;
(2) “Neglected” when his/her basic needs have
been deliberately unattended or inadequately
attended as provided in Art. 141(3) of P.D.
603; or
(3) “Abused” when upon the evaluation of the
LSWDO, the child is found to be maltreated,
whether habitual or not, as defined in
Section 3(b) of Republic Act No. 7610, or
the “Special Protection of Children Against
Abuse, Exploitation and Discrimination
Act” [“R.A. 7610”].
Above the age of criminal responsibility
The child in conflict with the law who is above
fifteen (15) but below eighteen (18) years of age shall be
exempt from criminal responsibility, unless he/she acted with
discernment. Being exempt, the child shall be dealt with in the
same manner as a child who is below the age of criminal
responsibility as provided in Rule 30 and Part VII of these
Rules. If the child in conflict with the law is above fifteen (15)
years old but below eighteen (18) years of age acted with
discernment, the child shall proceed to diversion under
Discernment
Discernment is the mental capacity to understand the
difference between right and wrong and its consequences.
The LSWDO, after the law enforcement officer
refers the records of a child who is fifteen (15) years old or
above but below eighteen (18) years old as provided in
Rule25.f, shall prepare a report indicating an assessment if
the child acted with discernment for the purpose of
determining whether to proceed with intervention under
Sec. 20 of the Act (Part VII of these Rules) or with
diversion under Chapter 2 of the Act (Part VIII of these
Rules). In making an assessment if the child who is above
fifteen (15) years but below eighteen (18) years of age acted
with discernment, the LSWDO shall take into consideration:
(1) All the facts and circumstances of the case;
(2) The educational level and performance of the child in
conflict with the law;
(3) The appearance, attitude, comportment and behavior
of the child in conflict with the law, before, during
and after the commission of the offense. The
LSWDO shall consider only factors that indicate if
the child acted with discernment and not indicators of
premeditation or intention to commit the alleged
offense. The LSWDO shall be further guided by
procedures to be prescribed by the DSWD in making
an assessment of the presence or absence of
discernment. The LSWDO shall endeavor
continuously be updated with latest trends in
conducting psychosocial analyses of children and
research on factors affecting the behavior of children
in conflict with the law.
After making an assessment, the LSWDO shall
prepare a report showing the basis for the assessment if the
child acted with or without discernment. This report shall be
submitted to the law enforcement officer handling the case of
the child. After receipt of the report by the LSWDO, the law
enforcement officer shall conclude the initial investigation and
refer the case of the child in accordance with Rule 26.
If after consideration of the initial assessment that
the child who is above fifteen (15) but below eighteen (18)
years of age acted without discernment, the law enforcement
officer refers the case of the child to the LSWDO for
intervention pursuant to Rule 26(1), the LSWDO has the
duty to:
(1) Immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof,
the child’s nearest relative or to those listed in Rule
31 when appropriate; and
(2) Determine the appropriate intervention and
prevention programs for the child as provided in Part
VII of these Rules.
The offended party, in the event he/she contests the
assessment of absence of discernment, may file the
appropriate case before the prosecutor.
INTERVENTION FOR CHILDREN EXEMPT FROM
CRIMINAL LIABILITY
The following children exempt from criminal
liability shall be given the appropriate intervention
programs:
(a) Those taken into custody who are fifteen (15) years
old or below; and
(b) Those above fifteen (15) but below eighteen (18)
years old and found to have acted without
discernment.
Factors in determining appropriate intervention programs
In determining the appropriate intervention and
prevention programs for children exempt from criminal
liability, the LSWDO shall take into account the best
interest of the child, which considers, among others, the
following:
(a) Circumstances of the child (e.g., age, level of
development, educational background);
(b) Needs of the child if specially disadvantaged, i.e.,
street child, or child with mental or physical
difficulties;
(c) Family and social background of the child;
(d) Influence of the family and environment on the
growth of the child;
(e) Ability and willingness of the parents or guardians to
guide and supervise the child;
(f) Nature and circumstances of the offense charged;
(g) Availability of community-based programs for
intervention and prevention; and
(h) Safety and security of the child.
The LSWDO shall further be guided by the principles
of intervention as provided in Rule 15.The LSWDO shall
engage the active participation of the child, in accordance with
his/her evolving capacity, and his/her parents or guardians in
the formulation and the implementation of the intervention
programs.
Kinds of intervention programs
The intervention programs for the child exempt
from criminal liability may include any or a combination of
the following:
(a) Counseling;
(b) Peer counseling and life skills training and education;
(c) Provision of support services to the family, e.g.,
parent effectiveness service, livelihood programs,
skills trainings, etc.;
(d) Referral to other agencies for appropriate services,
e.g., education, health, skills training, etc.; and
(e) Access to child and youth organizations in the
community, such as but not limited to the
Sangguniang Kabataan. The intervention programs
determined by the LSWDO also include programs for
the parents and family of the child. The time frame of
the intervention programs and the outcome desired
shall be specified.
The child and the parents, guardian or persons
having custody of the child shall regularly report to the
LSWDO who determined the intervention program for
evaluation of the:
(a) Effectiveness of the program; and
(b) Compliance by the child and the parents with the
terms and conditions of the prevention program. The
frequency of reporting shall be determined by the
LSWDO in the intervention program. To determine
compliance with the program, the LSWDO shall also:
(a) Conduct periodic visits at the home of the child or at
the place where the custody of the child is given; and
(b) Conduct case conference with local officials and
authorities of the school where the child attends.
If the child and the parents, guardian or persons
having custody of the child fail to comply with the
intervention program, despite exhausting all efforts to assist
them, the LSWDO may file the proper petition for involuntary
commitment of the child pursuant to P.D. 603.
DIVERSION FOR CHILDREN WHO ACTED WITH
DISCERNMENT
Diversion refers to an alternative, child-appropriate
process of determining the responsibility and treatment of a
child in conflict with the law on the basis of his/her social,
cultural, economic, psychological or educational background
without resorting to formal court proceedings. In
implementing diversion, the following principles shall be
considered:
(a) Use of positive measures;
(b) Full mobilization of all possible resources, which
include the family, volunteers, schools and other
community institutions;
(c) Effective, fair and humane dealing with the child; and
(d) Promotion of the well-being of the child.
Who shall undergo; venue of diversion
Pursuant to Section 23 of the Act, the child in
conflict with the law shall undergo diversion proceedings if
he/she:
(a) Is above fifteen (15) years but below eighteen (18)
years of age;
(b) Acted with discernment; and
(c) Allegedly committed an offense with an imposable
penalty of not more than six (6) years of
 imprisonment if diversion is conducted at the
barangay, police or prosecutor’s level, and not more
than twelve (12) years of imprisonment, if diversion
is resorted to by the court.
Where diversion may be conducted
As provided under Section 24 of the Act, if the
imposable penalty for the offense committed is not more
than six (6) years of imprisonment, diversion may be
conducted at the:
(a) Katarungang Pambarangay level under the
Punong Barangay as provided in Rule 43;
(b) Police investigation stage under the law
enforcement officer as provided in Rule 44; or
(c) Inquest or preliminary investigation stage under
the prosecutor as provided in Rule 55. If the
offense with the imposable penalty of not more
than six (6) years imprisonment is a victimless
crime, the diversion proceedings shall be
conducted by the LSWDO in coordination with
the BCPC. If the imposable penalty for the
offense committed exceeds six (6) years of
imprisonment but not more than twelve (12)
years of imprisonment, diversion may resorted to
only by the court.
At the Katarungang Pambarangay level, diversion
prior to entry to the criminal justice system, a child in
conflict with law may undergo diversion proceedings
outside the criminal justice system when his/her case is
referred to the barangay through the Lupon
Tagapamayapa. Diversion at the Katarungang
Pambarangay level shall be conducted by the Lupon
Tagapamayapa, chaired by the Punong Barangay, with the
assistance of the members of the BCPC, as provided in
Section 23 (a) of the Act.
Nature of proceedings; participants
The Punong Barangay shall conduct mediation,
family conferencing and conciliation and, where appropriate,
adopt indigenous modes of conflict resolution with a view to
accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her
family shall be present in the conduct of these diversion
proceedings. The offended party may participate in the
diversion proceedings. The absence of the offended party in
the diversion proceedings or his/her disagreement in its
conduct shall not prevent the proceedings from being
conducted. The Punong Barangay shall, however, endeavor to
obtain the participation and the consent of the offended party
in the formulation of the diversion program.
Formulation and supervision of diversion program at
the Barangay level - The diversion program at the
Katarungang Pambarangay level shall be formulated by the
Punong Barangay with the assistance of the BCPC members in
accordance with Rule 49. The supervision of the diversion
program at this level shall likewise be done by the Punong
Barangay, with the assistance of the BCPC. As a form of
monitoring, the members of the BCPC and the community
volunteers to be designated by the BCPC may conduct house
visits with the child and his/parents or guardian to track the
child’s compliance with the contract of diversion and the
child’s performance of the diversion program. This may be
done in consultation with the LSWDO.
Duty of Punong Barangay when there is no diversion
Pursuant to Section 27 of the Act, the Punong
Barangay handling the case shall, within three (3) days from
determination of absence of jurisdiction or termination of the
diversion proceedings as provided below, forward the records
of the case to the:
(1) Law enforcement officer or prosecutor – when
the child or the child’s parents/guardian does not
consent to a diversion. Upon the issuance of the
corresponding document, certifying to the fact
that no agreement has been reached by the
parties, the case shall be filed according to the
regular process.
(2) Prosecutor or the court – when the case involves
an offense with an imposable penalty of more
than six (6) years imprisonment.
When conducted at the law enforcement level -
Diversion shall be conducted at the law enforcement level
when:
(1) After the conduct of diversion proceedings at the
Katarungang Pambarangay level, the child or the
child’s parents/guardian does not consent to a
diversion and the Punong Barangay forwards the
case of the child as provided under Rule 43.d (i);
(2) After the conduct of the initial investigation, the
law enforcement officer determines that the child
is above 15 but below 18 years of age, acted with
discernment and allegedly committed an offense,
that is not a victimless crime, with an imposable
penalty of not more than six (6) years of
imprisonment, as provided under Rule 26(2)(a).
Who conducts and assists
 Diversion at the police investigation stage shall be
conducted by the law enforcement officer with the
assistance of the LSWDO, as provided in Section 23(a) of
the Act.
Nature of proceedings; participants - The nature
of diversion proceedings to be conducted by the law
enforcement officer and the participants therein shall be
the same as that under Rule 43.c. Rule 44.d. Duty of the
law enforcement officer when there is no diversion
Pursuant to Section 23 of the Act, the law enforcement
officer handling the case shall forward the records of the
case to the prosecutor or judge when the case involves an
offense with an imposable penalty of more than six (6)
years imprisonment; or the child or the child’s
parents/guardian does not consent to a diversion. The case
records shall be forwarded within three (3) days from
determination of absence of jurisdiction or termination of
the diversion proceedings as above stated. The prosecutor
or judge to whom the records are referred shall conduct
the preliminary investigation and determine whether or
not the child should remain under custody and
correspondingly charged in court.
When diversion is conducted at the LSWDO level
Diversion shall be conducted at the level of the
LSWDO when after the conduct of initial investigation, the
law enforcement officer determines that the child is above 15
but below 18 years of age, acted with discernment and
allegedly committed a victimless crime where the imposable
penalty is not more than six (6) years of imprisonment, as
provided under Rule 26(2)(b).
Nature of proceedings - The LSWDO shall meet
with the child and his/her parents or guardians for the
development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC.
At the court level
Where the imposable penalty for the crime
committed exceeds six (6) years imprisonment, diversion
measures may be resorted to only by the court and will
proceed in accordance with the SC Rules on Juveniles in
Conflict with the Law.
Diversion proceedings
The authority conducting the diversion proceedings
shall:
(1) Explain to the child and his/her family the objective
of the diversion proceedings, the value of diversion
and the consequence of not undergoing diversion.
(2) Ask the child of the circumstances of the offense, the
motives or purpose of the offense and the factors that
led the child to commit the offense.
(3) Ask the child of his/her personal circumstance
including his/her parents and family, his/her peers
and educational status.
(4) Make the child in conflict with the law understand
the consequences of his/her actions and the
corresponding responsibilities.
(5) Ensure that the child understands and realizes his/he
accountability, be remorseful of his/her actions and
takes on the responsibility in repairing the harm done
in lieu of filing a formal case in the court. The
authority conducting the diversion proceedings shall
also determine if diversion is appropriate and
desirable based on the factors provided in the next
Rule. Upon a finding that diversion is not applicable
or desirable, the authority handling the diversion
proceedings shall issue the corresponding document
certifying to such fact and shall file the case
according to the regular process.
Factors in determining if diversion is appropriate
In determining whether diversion is appropriate and
desirable, the following factors shall be taken into
consideration by the authority conducting the diversion
proceedings:
(1) Nature and circumstances of the offense charged;
(2) Frequency and the severity of the act;
(3) Circumstances of the child (e.g. age, maturity,
intelligence, etc.);
(4) Influence of the family and environment on the
growth of the child;
(5) Reparation of injury to the victim;
(6) Weight of the evidence against the child;
(7) Safety of the community; and
(8) Best interest of the child. The determination of
appropriateness and desirability of diversion shall
consider the recommendation of the LSWDO, when
applicable.
Conduct of diversion proceedings
The authority conducting the diversion proceedings
shall ensure that the proceedings are child-friendly and
sensitive to the needs, welfare and the protection of the rights
of the child in conflict with the law. The authority shall use
language that is simple and understandable to the child in
conflict with the law. Diversion proceedings shall be
conducted in a place where the identities of the child and the
parties concerned are kept confidential. There should be
enough privacy to avoid unnecessary interruptions,
distractions and/or participation from non-parties that could
humiliate or make the child uncomfortable. The DSWD, in
consultation with the LGUs particularly LCPCs, shall
formulate rules and guidelines that should be followed during
the diversion proceedings to protect the child from coercion,
intimidation, harm, abuse, or other actions detrimental to the
child. Such guidelines shall ensure that the child understands
the diversion proceedings in which he/she is involved.
Custody pending diversion proceedings
Pending the conduct of the diversion proceedings, the
custody of the child shall be given to the parents, guardians,
relatives or any other responsible person in the community,
taking into consideration the best interest of the child in
conflict with the law.
Whose consent required; if not obtained
The consent of the child and of the parents or
guardian of the child shall be obtained in arriving at a contract
of diversion. When the consent of either is not obtained, the
diversion proceedings shall be terminated and the case of the
child referred in accordance with Rule 51.
Length of proceedings; when terminated
The diversion proceedings shall be completed within forty-
five (45) days. Diversion proceedings are deemed terminated
when:
(1) A contract of diversion has been entered;
(2) The forty-five day period expires without any
agreement reached;
(3) The child or his/her parents or guardian do not
consent to a diversion;
(4) The authority conducting the diversion finds that
diversion is not applicable based on the factors
enumerated in the immediately preceding Rule.
Contract of diversion
A contract of diversion may be entered during the
diversion proceedings when the child voluntarily admits the
commission of the act as provided in Section 26 of the Act.
The voluntary admission of the child during the diversion
proceedings shall be only deemed as consent to undergo the
diversion program and shall not be considered a plea of guilt.
Admission not to be taken against the child
Any admission of the child shall not be used against
the child in any subsequent judicial, quasi-judicial or
administrative proceedings. Neither shall the admission be
used against the child through denial of privileges and
opportunities, discrimination in treatment, or imposition of
any form of liability or punishment by reason of such
admission.
Acceptance of contract; form and content The
contract of diversion containing the diversion program shall be
effective and binding if accepted by the child and the parents
or guardian of the child. The contract shall be in writing and
signed by the:
(1) Child;
(2) Parents or guardian of the child;
(3) Authority that conducted the diversion proceedings
(the Punong Barangay, the law enforcement officer
or the prosecutor);
(4) Member of the BCPC assisting the Punong Barangay,
in cases of diversion proceedings at the Katarungang
Pambarangay level; and
(5) LSWDO in cases of diversion proceedings by the law
enforcement officer or by the prosecutor.
(1) The contract of diversion shall contain the
individualized diversion program and shall stipulate
the rights, responsibilities or accountabilities of the
child, the parents or guardian and the offended party,
when applicable. The contract of diversion considers
as the responsibility or accountability of the child to
restore the harm done in view of the offense
committed. As such, the authority conducting the
diversion proceedings shall endeavor to obtain the
agreement of the offended party in the formulation of
the individualized diversion program contained in the
contract of diversion by:
 Explaining to the offended party the benefits
of forgiveness and diversion, and the need to
reform the child within the auspices of the
community instead of detention homes or
rehabilitation centers once the child
expresses remorse and a willingness to ask
for forgiveness from the offended party;
 Assuring the offended party that the
LSWDO, together with the local
government and the community, will take
care of the responsibility of reforming and
monitoring the child through various
diversion programs. However, the
acceptance of the offended party is not
required for a contract of diversion to be
valid.
Factors Considered in Formulating of the diversion
program
The diversion program shall be formulated during
the diversion proceedings. In the formulation of the
diversion program, the individual characteristics and the
peculiar circumstances of the child in conflict with the law,
including but not limited to the cultural, social, economic
and religious circumstances of the child, shall be used to
formulate an individualized treatment. Consistent with
Section 30 of the Act, the following factors shall be
considered in formulating a diversion program for the child:
(1) The child’s feelings of remorse for the offense he/she
committed;
(2) The parents’ or legal guardians’ ability to guide and
supervise the child;
(3) The victim’s view about the propriety of the
measures to be imposed;
(4) The availability of community-based programs for
rehabilitation and reintegration of the child; and
(5) Record of prior offenses, if any.
(2) The diversion program shall include adequate socio-
cultural and psychological responses and services for
the child.
Kinds of diversion program
As provided in Section 31 of the Act, at the different
stages where diversion may be resorted to, the diversion
programs may be agreed upon, such as, but not limited to:
At the level of the Punong Barangay:
(a) Restitution of property;
(c) Reparation of the damage caused;
(d) Indemnification for consequential damages;
(e) Written or oral apology;
(f) Care, guidance and supervision orders;
(g) Counseling for the child in conflict with the
law and the child’s family;
(h) Attendance in trainings, seminars and
lectures on: anger management skills;
problem solving and/or conflict resolution
skills; values formation; and other skills
which will aid the child in dealing with
situations which can lead to repetition of the
offense;
(i) Participation in available community-based
programs, including community service; or
(j) Participation in education, vocation and life
skills programs.
At the level of the law enforcement officer and the
prosecutor:
(a) Diversion programs specified
(b) Confiscation and forfeiture of the proceeds
or instruments of the crime;
At the level of the appropriate court:
(a) Diversion programs specified
(b) Written or oral reprimand or citation;
(c) Fine;
(d) Payment of the cost of the proceedings; or
(e) Institutional care and custody.
PROSECUTION
When to proceed to preliminary investigation
A child in conflict with the law shall proceed to
appropriate preliminary investigation in the following cases:
(a) The offense committed by the child in conflict with
the law has an imposable penalty of more than six (6)
years;
(b) Offended party opts to file an action with failure to
comply with the terms of diversion;
(c) No consent or agreement to a diversion; and
(d) When considering the assessment and
recommendation of the LSWDO, the prosecutor
determines that diversion is not appropriate for the
child in conflict with the law.
In cases where no consent or agreement to a
diversion was reached at the level of the law enforcement
officer or LSWDO conducting the diversion proceedings, the
prosecutor shall still endeavor to arrive at an agreement to a
diversion program.
If there is an allegation of torture or ill-treatment of a
child in conflict with the law during arrest or detention, it shall
be the duty of the prosecutor to investigate the same and
initiate the corresponding legal action when necessary.
As provided in Section 33 of the Act, upon serving
the subpoena and the affidavit of complaint, the prosecutor
shall notify the Public Attorney’s Office of such service, as
well as the personal information, and place of detention of the
child in conflict with the law.
Upon determination of probable cause by the
prosecutor, the information against the child shall be filed
before the Family Court within forty-five (45) days from the
start of the preliminary investigation.
If the child in conflict with the law is deprived of
liberty at the time the prosecutor assumes jurisdiction of the
case, the PAO has the duty to manifest to the court such fact
with the objective of obtaining an immediate order of release
from the Court.
COURT PROCEEDINGS
Where the maximum penalty imposed by law for the
offense with which the child in conflict with the law is
charged is imprisonment of not more than twelve (12) years,
regardless of the fine or fine alone regardless of the amount,
and before arraignment of the child in conflict with the law,
the court shall, pursuant to the SC Rules on Juveniles in
Conflict with the Law, determine whether or not diversion is
appropriate.
Children detained pending trial may be released on
bail or recognizance as provided for under Sections 34 and 35
of the Act. In all other cases and whenever possible, detention
pending trial may be replaced by alternative measures, such as
close supervision, intensive care or placement with a family or
in an educational setting or home.
Institutionalization or detention of the child pending
trial shall be used only as a measure of last resort and for the
shortest possible period of time.
Bail refers to the security given for the release of the
person in custody of the law, furnished by him/her or a
bondsman, to guarantee his/her appearance before any court.
Bail may be given in the form of corporate security, property
bond, cash deposit, or recognizance. For purposes of
recommending the amount of bail, the privileged mitigating
circumstance of minority shall be considered.
Recognizance refers to an undertaking in lieu of a
bond assumed by a parent or custodian who shall be
responsible for the appearance in court of the child in
conflict with the law, when required. Where a child is
detained, the court shall order the:
(a) release of the minor on recognizance to his parents
and other suitable persons;
(b) release of the child in conflict with the law on bail; or
(c) transfer of the minor to a youth detention home/youth
rehabilitation center.
No jail detention
The court shall not order the detention of a child in a
jail pending trial or hearing of his/her case. Whenever
detention is necessary, a child will always be detained in youth
detention homes established by local governments, pursuant to
Section 8 of the Family Courts Act, in the city or municipality
where the child resides. In the absence of a youth detention
home, the child in conflict with the law may be committed to
the care of the DSWD or a local rehabilitation center
recognized by the government in the province, city or
municipality within the jurisdiction of the court. The center or
agency concerned shall be responsible for the child’s
appearance in court whenever required.
Automatic suspension of sentence
Once the child who is under eighteen (18) years of
age at the time of the commission of the offense is found
guilty of the offense charged, the court shall determine and
ascertain any civil liability which may have resulted from the
offense committed. However, instead of pronouncing the
judgment of conviction, the court shall place the child in
conflict with the law under suspended sentence, without need
of application: Provided, however, That suspension of
sentence shall still be applied even if the juvenile is already
eighteen years (18) of age or more at the time of the
pronouncement of his/her guilt.
Disposition measures
Upon suspension of sentence and after considering
the various circumstances of the child, the court shall impose
the appropriate disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law.
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 whose sentence has been suspended and
against whom disposition measures have been issued, and
shall order the final discharge of the child if it finds that the
objective of the disposition measures have been fulfilled. The
discharge of the child in conflict with the law shall not affect
the civil liability resulting from the commission of the offense,
which shall be enforced in accordance with law.
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 in conflict with the law have
not been fulfilled, or if the child in conflict with the law has
willfully failed to comply with the conditions of his/her
disposition or rehabilitation program, the child in conflict with
the law shall be brought before the court for execution of
judgment. If said child in conflict with the law has reached
eighteen (18) years of age while under suspended sentence,
the court shall determine whether to discharge the child in
accordance with this Act, to order execution of sentence, or to
extend the suspended sentence for a certain specified period or
until the child reaches the maximum age of twenty-one (21)
years.
Credit in Service of Sentence
The child in conflict with the law shall be credited in
the services of his/her sentence with the full time spent in
actual commitment and detention under this Act.
Probation as an Alternative to Imprisonment
The court may, after it shall have convicted and
sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in lieu of
service of his/her sentence taking into account the best interest
of the child. For this purpose, Sec. 4 of Presidential Decree
No. 968, otherwise known as the “Probation Law of 1976”, is
hereby amended accordingly.
REHABILITATION AND REINTEGRATION
Rehabilitation is the process of rectifying or
modifying a child’s negative attitude and behavior. It enables
the child to change his/her negative behavior into something
positive and acceptable to the community. Reintegration is the
process, which promotes or facilitates the acceptance of the
child back to the community. It is the healing of the victim’s
and the community’s wounds that was inflicted on them by the
offense. Rehabilitation is integral to the process of
reintegration.
As provided in Section 44 of the Act, the objective of
rehabilitation and reintegration of children in conflict with the
law is to provide them with interventions, approaches and
strategies that will enable them to improve their social
functioning with the end goal of reintegration to their families
and as productive members of their communities. Specifically,
the objectives of the rehabilitation and reintegration of
children in conflict with the law are the:
(a) Provision of protection that substitutes parental care
to the children in conflict with the law;
(b) Assistance to the children in gaining insight into their
behavior and attitudes and redirection of counter
productive behavior patterns and anti-social attitudes
into more positive and constructive ones;
(3) c) Enhancement of the children’s coping capabilities
and trust on others;
(c) Provision of opportunities for the children to acquire
social and occupational skills and improved self-
image;
(4) (e) Facilitation of the disposition of the case in court
and the child’s reintegration with family and
community; and
(e) Assistance to CICLs through educational intervention
in the alternative learning system.
Rehabilitation of children in conflict with the law
Children in conflict with the law, whose sentences
are suspended may upon order of the court, undergo any or a
combination of disposition measures, which are already in
place, best suited to the rehabilitation and welfare of the child
as provided in the Supreme Court Rule on Juveniles in
Conflict with the Law.
Community-based programs for rehabilitation
Nature and objectives of community-based
rehabilitation In addition to the objectives of rehabilitation and
reintegration in Rule 71, community-based programs for
rehabilitation shall:
(1) Prevent disruption in the education or means of
livelihood of the child in conflict with the law in case
he/she is studying, working or attending vocational
learning institutions;
(2) Prevent separation of the child in conflict with the
law from his/her parents/guardians to maintain the
support system fostered by their relationship and to
create greater awareness of their mutual and
reciprocal responsibilities;
(3) Facilitate the rehabilitation and mainstreaming of the
child in conflict with the law and encourage
community support and involvement; and
(4) Minimize the stigma that attaches to the child in
conflict with the law by preventing jail detention.
The criteria in the development of programs for
community-based rehabilitation Every LGU shall establish
community-based programs that will focus on the
rehabilitation and reintegration of the child. All programs
shall meet the criteria to be established by JJWC, which
shall take into account the following:
(1) The purpose of the program, which is to promote the
rights and welfare of the child in conflict with the
law;
(2) The need for the consent of the child and his/her
parents or legal guardians to ensure the effectiveness
of the program and the involvement of the family;
and
(3) The maximum participation of the DSWD accredited
child-centered agencies in the community where the
child in conflict with the law is in, whether public or
private. The community-based programs that will
specifically focus on the reintegration of children in
conflict with the law may include but should not be
limited to the existing/retained package of
community-based programs being implemented by
the LGU.
The implementation of community-based
rehabilitation programs under the supervision and guidance
of the LSWDO, and in coordination with his/her parents or
guardian, the child in conflict with the law shall participate
in community-based programs, which shall include, but are
not limited to:
(a) Competency and life skills development;
(b) Socio-cultural and recreational activities;
(c) Community volunteer projects;
 (d) Leadership training;
(e) Social services;
(f) Homelife services;
(g) Health services;
(h) Spiritual enrichment;
(i) Community and family welfare services; and
(j) Continuing education programs. Based on the
progress of the youth in the community, a final report
will be forwarded by the local social welfare and
development officer to the court for final disposition
of the case.
The family of the child in conflict with the law shall
endeavor to actively participate in the community-based
rehabilitation. If the community-based rehabilitation is availed
by a child in conflict with the law, he/she shall be released to
parents, guardians, relatives or any other responsible person in
the community.
Institutional rehabilitation
The objective of rehabilitation of children in conflict
with the law in institutions is to provide care, protection,
education and vocational skills, with a view to assisting them
to assume socially constructive and productive roles in
society. Children in conflict with the law who are placed in
institutions shall receive care, protection and all necessary
assistance – social, educational, vocational, psychological,
medical and physical – that they may require because of their
age, sex, and personality and in the interest of their
wholesome development.
Where a child may be admitted for rehabilitation
In the event the court finds that community-based
rehabilitation is inappropriate and deprivation of liberty
through institutional rehabilitation is required, the child in
conflict with the law may be committed to one of the
following:
(1) Youth Detention Home;
(2) Youth Rehabilitation Center;
(3) Agricultural camps; and
(4) Other training facilities
As provided in Section 45 of the Act, no child shall
be admitted in any rehabilitation or training facility without a
valid order issued by the court after a hearing for the purpose.
The details of the court order referred in Rule 74.c
shall be immediately entered in a register exclusively for
children in conflict with the law. As required by Section 45 of
the Act, no child shall be admitted in any facility where there
is no such register.
The LSWDO shall prepare a Social Case Study
Report on the child in conflict with the law and forward this
Report to the rehabilitation facility that shall admit the child.
This
Report shall include the psychological evaluation, medical
records, birth certificate, school records and other documents
necessary for planning the rehabilitation of the child.
Treatment of children in institutional rehabilitation
As provided in Section 46 of the Act, the
rehabilitation, training or confinement area of children in
conflict with the law shall provide a home environment where
children in conflict with the law can be provided with quality
counseling and treatment. In the interest and well-being of the
child in conflict with the law admitted in any facility, his/her
parents or guardians shall have a right of access.
In all rehabilitation or training facilities, it shall be
mandatory that children shall be separated from adults, unless
they are immediate members of the same family, as provided
in Section 46 of the Act. Under no other circumstance shall a
child in conflict with the law be placed in the same
confinement as adults.
Female children in conflict with the law placed in an
institution shall be given special attention as to their personal
needs and problems. In consideration of their gender needs,
female children in conflict with the law shall be handled only
by female doctors, correction officers and social workers.
They shall be accommodated separately from male children in
conflict with the law. They shall by no means receive less
care, protection, assistance, treatment and training than the
male children in conflict with the law. The fair treatment of
female children in conflict with the law shall be ensured. In
areas where there are few female children in conflict with the
law, temporary homes or shelters shall be set up, subsidized
and managed by the DSWD, LGUs or NGOs.
Gender-sensitivity training
No personnel of rehabilitation and training facilities
shall handle children in conflict with the law without having
undergone gender sensitivity training. The LGU in
coordination the DSWD shall provide gender sensitivity
training and other appropriate trainings relative to treatment
and rehabilitation of children in conflict with the law.
Youth Detention Homes
A Youth Detention Home (or “Youth Home”) is a
24-hour child-caring institution managed by accredited
LGUsand licensed and/or accredited 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.
Youth Homes shall have different programs that meet
the various needs of children in conflict with the law. Children
whose liberty is restricted pending trial shall undergo
programs different from those programs given children whose
sentences are suspended.
Only children in conflict with the law who are
detained pending trial or are detained with adults at the time of
the effectivity of the Act may be placed in the custody of
Youth Homes. Institutionalization in Youth Homes shall only
be done through a court order after a determination that the
continued deprivation of liberty is necessary and that there are
no appropriate alternatives for detention.
All LGUs shall exert efforts for the establishment of
Youth Homes for children in conflict with the law within five
(5) years from the effectivity of the Act. LGUs shall set aside
an amount to build Youth Homes. Youth Homes may also be
established by private and non-government organizations
licensed and accredited by the DSWD, in consultation with the
JJWC. All Youth Homes to be established shall be separate
and located in a compound far from jails and other detention
centers for adults. The DILG shall monitor the establishment
and maintenance of Youth Homes in the LGUs.
Operation and Standards
The DSWD through its Standards Bureau shall, in
consultation with concerned agencies, develop, review and
enhance the standards for Youth Homes to ensure efficiency,
effectiveness and accountability in the delivery of quality
programs and services for children in conflict with the law
who are detained pending trial. All Youth Homes shall operate
in a secure manner that ensures the safety and protection of
children in conflict with the law, staff and the community
where it is located. It shall engage them in a helping
relationship with a team of various disciplines in a home-like
environment. It shall likewise comply with the standards set
forth by the DSWD Standards Bureau.
Registration, Licensing and Accreditation of Youth Homes
No Youth Home shall operate without a valid
registration, license and accreditation certificate from DSWD,
except for Youth Homes managed by LGUs, which shall be
exempt from registration and licensing. The DSWD shall
undertake the accreditation and licensing of the operation of
Youth Homes. Failure to comply with the registration,
licensing and accreditation requirements shall be dealt with in
accordance with Section 62 of the Act and Part XIV of these
Rules. Other DSWD rules and regulations for registration,
licensing and accreditation shall also be applied unless
otherwise specified in these Rules.
LGU, private and NGO-managed Youth Homes
established and operating without registration and/or license
certificates prior to the effectivity of the Act shall apply for
such within three (3) months upon effectivity of the IRR.
Those that will be established after the application for
registration shall be done prior its operation, for a license to
operate within two years from date of registration. Application
for accreditation shall be done within one (1) year from
issuance of license. LGU-managed Youth Homes established
prior to the effectivity of the Act shall apply for accreditation
within three (3) months from date of effectivity of this IRR
and those that will be established thereafter shall apply within
one (1) year after its establishment. Applications for
registration and license shall be filed with the DSWD Field
Office where the Youth Home is located, except those
managed by private and nongovernment organizations
operating in more than one region, in which case, applications
shall be filed with the DSWD Standards Bureau, Central
Office. All applications for accreditation shall likewise be
filed with the DSWD Standards Bureau.
Youth Rehabilitation Center
A Youth Rehabilitation Center (or “Youth Center”)
refers to a 24-hour residential care facility that provides
children in conflict with the law with care, treatment and
rehabilitation services under the guidance of a trained staff
where children in conflict with the law on suspended sentence,
or “residents,” are cared for under a structured therapeutic
environment with the end view of reintegrating them in their
families and communities as socially functioning individuals.
A Youth Center is managed by the DSWD, LGUs, or licensed
and/or accredited NGOs monitored by the DSWD, and the
preceding rules on registration, licensing and accreditation
shall apply.
 Physical mobility of residents of Youth Centers
may be restricted pending court disposition of the charges
against them. A quarterly report shall be submitted by the
Youth Center to the proper court on the progress of the
children in conflict with the law. Based on the progress of
the children in the center, a final report will be forwarded to
the court for final disposition of the case.
The DSWD shall establish Youth Centers in each
region of the country. The local government and other private
and non-government entities and organizations shall
collaborate and contribute their support for the establishment
and maintenance of these facilities. In regions where Youth
Centers are not yet established the DSWD shall immediately
establish a Youth Center within one (1) year from the
effectivity of the Act.
Registration, Licensing and Accreditation of LGU and
NGO-Managed Centers
In case of Youth Centers managed by LGUs and
NGOs, the Rules on registration, licensing and accreditation of
Youth Detention Homes (Rules 76.e, 76.f and 76.g) shall
apply.
The expenses for the care and maintenance of a child
in conflict with the law under institutional care, either in
Youth Homes or Youth Centers, shall be borne by his/her
parents or those persons liable to support him/her. In case the
parents of the child in conflict with the law or those persons
liable to support him/her cannot pay all or part of said
expenses, the government shall shoulder said expenses in
accordance with Rule 100.a. below.
The costs and maintenance of a child under
institutional care shall be in accordance with the guidelines set
forth by the DSWD in consultation with LGUs, private and
licensed and/or accredited NGOs. These guidelines shall be
updated at least every five (5) years in consideration of the
prevailing price of commodities and cost of living in the
locality where the facility operates.
Youth Centers, shall notify the parents and the
concerned LGUs where the offense was committed or where
the child resides, as the case may be, within two (2) weeks
after admission, indicating the corresponding amount needed
for the care and maintenance of the child for the duration of
his/her stay in the Home or Center. Specific instruction on the
payment modes shall also be given to facilitate this. If no
payment is made to the receiving institutions after three (3)
notices, Rules 100.a and 100.b shall apply.
A child in conflict with the law may, after conviction
and upon order of the court, be made to serve his/her sentence,
in lieu of confinement in a regular penal institution, in an
agricultural camp and other training facilities that may be
established, maintained, supervised and controlled by the
Bureau of Corrections, in coordination with the DSWD.
After-care support services
After care support services are services given to
children in conflict with the law whose cases have been
dismissed by the proper court because of good behavior per
recommendation of the DSWD social worker, the LGU,
and/or any accredited NGO youth rehabilitation center. After-
care support services for children in conflict with the law shall
be given for a period of at least six (6) months. After care
support services include counseling and other community-
based services designed to facilitate social reintegration,
prevent re-offending and make the children productive
members of the community. These services may include but
should not be limited to seminar/workshops, life skills
development, sports clinics activities, skill and livelihood
programs for future employment and membership to existing
youth organizations that enhance and teach life skills and
positive lifestyle and other preventive programs.
The after-care support services under this Rule shall
be provided by the LSWDO. The development of these
services shall comply with the criteria set by the JJWC as
provided in the Act and these Rules. The after-care support
services shall engage the active participation of the child and
his/her parents or guardians. Licensed and accredited NGOs
may be mobilized by the LSWDO in the provision of after-
care support services.
CONFIDENTIALITY AND PRIVACY
Right to confidentiality and privacy - a child in
conflict with the law has the right to have his/her privacy
respected fully at all stages of the proceedings, from initial
contact to the final disposition of the case, including stages
when child undergoes intervention, diversion, rehabilitation or
aftercare programs. As such, all records and proceedings
involving children in conflict with the law from initial contact
until final disposition of the case shall be considered
privileged and confidential. The identity of the child shall not
be divulged unless necessary and with authority of a judge. No
information that may lead to the identification of a child in
conflict with the law and members of his/her family shall be
published or broadcast in any mass media. In case the
offended party is a child, the right to confidentiality and
privacy of said child shall be governed by Republic Act No.
7610 (the “Special Protection Against Child Abuse,
Exploitation and Discrimination Act”), Republic Act No. 8505
(the “Rape Victim Assistance and Protection Act”), and their
Implementing Rules and Regulations.
As provided in Section 5(h) of the Act, the public
shall be excluded during the proceedings, from initial
contact to the final disposition of the case, and all records
from these proceedings shall not be disclosed directly or
indirectly to anyone by any of the parties or the participants
in the proceedings for any purpose whatsoever, except:
(a) To determine if the child in conflict with the law
may have his/her sentence suspended;
(b) If the child in conflict with the law may be
granted probation under the probation law; or
(c) To enforce the civil liability imposed in the
criminal action.
The results of the medical examination of the child in
conflict with the law taken prior or during the trial shall be
kept confidential, unless otherwise ordered by the Family
Court.
The disclosure of confidential records may only be
done upon order of the Court. The records of the child in
conflict of the law may only be disclosed to persons
specifically enumerated in the order of the Court permitting
such disclosure. As provided in Section 43 of the Act, the
records of a child in conflict with the law shall not be used in
subsequent proceedings, whether criminal, civil or
administrative, for cases involving the same offender as an
adult, except when beneficial for the offender and upon his/her
written consent. As required under Section 43 of the Act, all
authorities having contact with the child in conflict with the
law or having access to the records of the child in conflict with
the law shall undertake all measures to protect this
confidentiality of proceedings, including the:
(a) Use of a system of coding that provides aliases
for children taken into custody;
(b) Maintenance of a separate logbook and a
separate police blotter for children in conflict
with the law;
(c) Exclusion of the public, particularly the media,
from the area where the child is being held in
custody pursuant to Section 43 of the Act;
(d) Non-disclosure of any detail or information to
the public, particularly the media, that shall lead
to the identity of the child;
(e) Keeping the results of the medical examination
confidential; and
(f) Marking of the records of the child and the
report on the initial investigation as confidential.
Failure to undertake measures to maintain
confidentiality is punishable under Sec. 62 of the
Act.
Exemption from perjury and liability for concealment or
misrepresentation
A person who has been in conflict with the law as a
child shall not be held under any provision of law, to be guilty
of perjury or of concealment or misrepresentation by reason of
his/her failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made to him/her for
any purpose, pursuant to Section 43 of the Act. No person
shall also be denied privileges and opportunities,
discriminated against, punished or in any manner held liable
or responsible for non-disclosure of any fact relating to his/her
conflict with the law as a child.
EXEMPTING PROVISIONS
Status Offenses, not punishable
As provided in Section 57 of the Act, status offenses
or offenses which discriminate only against a child, while an
adult does not suffer any penalty for committing similar acts,
shall not be punished. Any conduct not considered an offense
or not penalized if committed by an adult, including but not
limited to curfew violations, truancy, parental disobedience
and the like, shall not be considered an offense and shall not
be punished if committed by a child. In the event a child is
apprehended for or accused of committing status offenses, law
enforcement officers have the obligation to immediately
release the child and that the provisions of this Act on
prevention, diversion or rehabilitation shall not apply.
As provided in Section 58 of the Act, all children
shall be exempt from prosecution for the following offenses,
being inconsistent with the United Nations Convention of the
Rights of the Child:
(1) Vagrancy and prostitution under Article 202 of the
Revised Penal Code;
(2) Mendicancy under Presidential Decree No. 1563; and
(3) Sniffing of rugby under Presidential Decree No.
1619.
Treatment of children exempt from prosecution
Upon initial contact with the child found to have
committed any of the offenses enumerated in Rule 89.a, the
law enforcement officer shall immediately turn over the
custody of the child to the LSWDO. The child shall undergo
appropriate counseling and treatment program to be
determined by the LSWDO as provided in Section 58 of the
Act. As mandated by Section 60 of the Act, in the conduct of
the proceedings beginning from the initial contact with the
child, the competent authorities must refrain from branding or
labeling children as young criminals, juvenile delinquents,
deviants, prostitutes, vagrants or other similar derogatory and
attaching to them in any manner any other derogatory names.
“Competent authorities” under this Rule refers to persons
having contact with the child in conflict with the law including
but not limited to:
(a) Law enforcement officers;
(b) Barangay officials and employees, including
members of the LCPCs;
(c) LSWDOs;
(d) Prosecutors;
(e) PAO lawyers;
(f) Judges;
(g) Court social workers;
(h) Personnel of youth detention homes and youth
rehabilitation centers;
(i) Personnel of agricultural camps and other training
facilities maintained, supervised and controlled by
the BUCOR; and
(j) All persons having authority to implement
community-based programs for intervention,
diversion and rehabilitation.
As provided in Section 60 of the Act, no
discriminatory remarks and practices shall be allowed
particularly with respect to the child’s class, including but not
limited to gender, economic or social status, and physical
condition, or ethnic origin. As provided in Section 61 of the
Act, the following and any other similar acts shall be
considered prejudicial and detrimental to the psychological,
emotional, social, spiritual, moral and physical health and
well-being of the child in conflict with the law and therefore,
prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive
measures such as cursing, beating, stripping, and
solitary confinement;
(c) Employment of degrading, inhuman and cruel forms
of punishment such as shaving the heads, pouring
irritating, corrosive or harmful substances over the
body of the child in conflict with the law, or forcing
him/her to walk around the community wearing signs
which embarrass, humiliate, and degrade his/her
personality and dignity; and
(d) Compelling the child to perform involuntary
servitude in any and all forms under any and all
instances.
Also prohibited under the Act are the following:
Violation of the confidentiality of proceedings
involving a child in conflict with the law, as provided in
Section 43 of the Act and Part XIII of these Rules, due to acts
and omissions such as but not limited to the following:
(a) Disclosure to the media of records, including
photographs, of children in conflict with the law;
(b) Failure to maintain a separate police blotter for cases
involving children in conflict with the law; and
(c) Failure to adopt a system of coding to conceal
material information, which will lead to the child’s
identity.
(d) Commission of prohibited acts under Section 21 of
the Act and Rule 28 on Prohibited Acts when in
custody of child.
(e) Failure to comply with the registration, licensing and
accreditation requirements under Rules 76 and 77.
WEEK 17 TOPIC
THE WAYS IN MANAGEMENT AND
HANDLING JUVENILE DELINQUENCY
BEHAVIOR
How should juveniles-in-trouble be handled?
Approaches to the problem generally fall into
two camps: the public health solution, and the law
enforcement solution. Advocates of the public health
approach tend to see juveniles today as victims of an
anti-youth culture. The problem is not just parents
failing children, but a whole attitude among adult
society that is increasingly hostile, angry, and punishing
toward youth. It's also not just poverty, per se, among
children, but the relative deprivation of living in a
society of affluence in which self-esteem is tied to
achieving affluence. People are only hosts, not causes,
of social problems, according to the public health
model. The real enemies (if there need to be enemies at
all) are the environment (broad social forces that shape
their way through culture) and the agent (the means of
violence, firearms and access to weapons). Intervene,
and then trace the pathology back to its source. The
source often turns out to be low SES families and
neighborhoods where there have been few prevention
programs, poor economic and educational
opportunities, and no way to reintegrate released
offenders back into the community.
 The law enforcement solution looks at the
problem in terms of what needs to be done to improve
investigation, arrest, prosecution, and conviction.
Advocates of this approach perceive that a nationwide
crackdown, "get tough on juvenile crime" program is
what this country needs, but they are also just as likely
to want the delivery of real rehabilitation programs in
juvenile prisons, at least when we are better able to
separate the minor offenders from super predators. For
the most part, however, the belief is that it is society's
duty to punish, not rehabilitate, and boot camps, life
terms, and even executions are in order for juveniles if
they deserve it. They should serve time as adults, and
face the ultimate punishment, no matter what the age.
PROGRAMS FOR JUVENILE INTERVENTION AND
DELINQUENCY PREVENTION
Concept/Principles in Intervention
Intervention refers to a series of activities
designed to address issues that caused the child to
commit an offense. It may take the form of an
individualized treatment program, which may include
counseling, skills training, education, and other
activities that will enhance his/her psychological,
emotional and psycho-social well-being. All programs
for juvenile intervention and delinquency prevention
shall be formulated in consideration of the following:
(a) Emphasis on intervention or prevention policies
facilitating the successful socialization and
integration of all children with the family,
through the community, peer groups, schools,
vocational training and the world of work, as
well as through voluntary organizations;
(b) Due respect should be given to the proper
personal development of children, and they
should be accepted as full and equal partners in
socialization and integration processes.
National Juvenile Intervention Program
The JJWC shall, in accordance with Section 18
of the Act, develop a three (3) to five (5)-year
Comprehensive National Juvenile Intervention
Program (the “National Intervention Program”)
embodying the detailed strategy to realize the
objectives of the Act on juvenile intervention and
delinquency prevention. The National Intervention
Program shall serve as a guide to all government
agencies, LGUs and NGOs in the formulation of their
respective juvenile intervention programs and their
policies and programs relating to juvenile justice and
welfare. Particularly, the National Intervention
Program shall serve as the basis for the formulation or
modification of policies and procedures of all
government agencies involved in the Juvenile Justice
and Welfare System; and Comprehensive Juvenile
Intervention Programs to be developed and instituted
by the LGUs as provided in Rule 18. The National
Intervention Program shall be developed by the JJWC,
within six (6) months from the effectivity of the Act,
with the participation of:
 Government agencies concerned,
including but not limited those
enumerated in Rule 8;
 Non-government organizations;
 Child and youth organizations; and
 The Leagues of provinces, cities,
municipalities and barangays.
Components of the program
The National Intervention Program shall be
formulated and designed to include, among others,
the following:
(h) In-depth analyses of the problem and
inventories of programs, services, facilities and
resources available;
(i) Well-defined responsibilities for the
government agencies, both member and
coordinating, institutions and personnel as well
as non-government agencies involved in
intervention and prevention efforts;
(j) Mechanisms for the appropriate coordination of
intervention and prevention efforts between
governmental and non-governmental agencies;
(k) Policies, programs and strategies based on
prognostic studies to be continuously
monitored and carefully evaluated in the course
of implementation;
 (l) Methods for effectively reducing the
opportunity for children to commit offenses;
(m) Community involvement through a wide range
of services and programs;
(n) Close interdisciplinary cooperation between the
national government and the local
governments, with the involvement of the
private sector representative citizens of the
community to be served and concerned
government agencies as well as the judiciary in
taking concerted action to prevent commission
of offenses by children;
(o) Participation of children in intervention and
prevention policies and processes, including
recourse to community resources, youth self-
help, and victim compensation and assistance
programs; and
(p) Specialized personnel at all levels (e.g., social
workers, prosecutors) and their respective roles
in the juvenile justice and welfare system.
Comprehensive Juvenile Intervention Program
Each LGU shall formulate a Comprehensive
Juvenile Intervention Program (“Local Intervention
Program”) to be instituted from the barangay to the
provincial level. Each Local Intervention Program shall
cover a period of at least three (3) years. The LGUs, in
coordination with the LCPCs, shall call on all sectors
concerned, particularly the child-focused institutions,
NGOs, people’s organizations, educational institutions
and government agencies involved in delinquency
prevention to participate in the planning process and
implementation of the Local Intervention Programs.
Existing programs of LGUs dealing with children shall be
deemed part of LCPC program.
Components - Each Local Intervention Program
shall be formulated and designed to include the
components prescribed in Rule 17.b, when
appropriate. All Local Intervention Programs shall be
consistent with the National Intervention Program
formulated and designed by the JJWC.
Implementation - The LCPC shall serve as the
primary agency to coordinate with and assist the LGU
concerned for the adoption of Local Intervention
Program, and to oversee its proper implementation.
As provided by Section 18 of the Act, the LGUs shall set
aside an amount necessary to implement their
respective juvenile intervention programs in their
annual budget.
Assessment - The implementation of the Local
Intervention Programs shall be reviewed and assessed
annually by the LGUs in coordination with their
respective LCPCs. Results of the assessment shall be
submitted by the LGUs to the JJWC, through the DILG,
not later than March 30 of every year.
Community-based Programs as Intervention
The objectives of community-based programs
as intervention As provided in Section 19 of the Act,
the community-based programs for juvenile
intervention and delinquency prevention shall
respond to the special needs, problems, interests and
concerns of children and offer appropriate counseling
and guidance to them and their families. All
community-based programs to be designed by LGUs
shall consist of three levels:
(2) Primary intervention includes general
measures to promote social justice and
equal opportunity, which tackle perceived
root causes of offending.
(2) These shall include programs on advocacy,
socio-economic service, health and
nutrition, training and education.
(3) Secondary intervention includes measures
to assist children at risk, i.e., protective
services for children; and
(4) Tertiary intervention includes measures to
avoid unnecessary contact with the formal
justice system and other measures to
prevent re-offending, i.e., diversion
programs, rehabilitation, reintegration and
after care services, which shall be further
defined in Parts VII, VIII and XI of these
Rules. These programs intend to minimize
the commission of offenses by children who
are potentially and actually in conflict with
 the law and their eventual apprehension by
law enforcement officers.
Programs and services for Juvenile Intervention
(1) Services and programs that respond to the
special needs, problems, interests and
concerns of children and offer appropriate
counseling and guidance to children and
their families shall be developed, or
strengthened where they exist.
(2) A wide-range of community-based support
measures for children, including but not
limited to community development centers,
recreational facilities and services that
respond to the special problems of children
at risk, shall be provided, or strengthened
where they exist.
(3) Special facilities shall be set up to provide
adequate shelter for children who are no
longer able to live at home or who do not
have homes to live in.
(4) A range of services and helping measures
shall be provided to deal with adulthood.
Such services shall include special programs
for young drug abusers, which emphasize
care, counseling, assistance and therapy-
oriented interventions. LGUs shall share
resources with and support the programs of
private and non-government organizations
providing services for children.
(5) Youth organizations shall be created or
strengthened at the local level and given
full participatory status in the management
of community affairs. These organizations
shall encourage the youth to organize
collective and voluntary projects,
particularly projects aimed at helping
children in need of assistance.
(6) The LGUs shall take special responsibility
and provide necessary services for
homeless or street children. Information
about local facilities, accommodation,
employment and other forms and sources
of help shall be made readily available to
children.
(7) A wide range of recreational facilities and
services of particular interest to children
shall be established and made easily
accessible to them.
Role of different sectors in Juvenile Intervention and
Prevention
Family - the family shall be responsible for the
primary nurturing and rearing of children, which are
critical in delinquency prevention. As far as practicable
and in accordance with the procedures of the Act, a
child in conflict with the law shall be maintained in
his/her family. Educational system by way of
contributing to juvenile intervention and delinquency
prevention, educational institutions shall:
(2) Work together with families, community
organizations and agencies in the
prevention of juvenile delinquency and in
the rehabilitation and reintegration of child
in conflict with the law.
(3) Provide adequate, necessary and
individualized educational schemes for
children manifesting difficult behavior and
children in conflict with the law.
(4) In cases where children in conflict with the
law are taken into custody or detained in
youth rehabilitation centers, provide the
opportunity to continue learning under an
alternative learning system with basic
literacy program or non-formal education
accreditation equivalency system.
In addition to their academic and vocational
training activities, educational institutions shall devote
particular attention to the following:
(1) Teaching of basic values and developing
respect for the child’s own cultural identity
and patterns, for the social values of the
country in which the child is living, for
civilizations different from the child’s own
and for human rights and fundamental
freedoms;
(2) Promotion and development of the
personality, talents and mental and physical
abilities of children to their fullest potential;
(3) Involvement of children as active and
effective participants in, rather than mere
objects of, the educational process;
(4) Undertaking activities that foster a sense of
identity with and of belonging to the school
and the community;
(5) Encouragement of young persons to
understand and respect diverse views and
 opinions, as well as cultural and other
differences;
(6) Provision of information and guidance
regarding vocational training, employment
opportunities and career development;
(7) Provision of positive emotional support to
children and the avoidance of psychological
maltreatment;
(8) Prohibition of harsh disciplinary measures,
particularly corporal punishment;
(9) Seek to work together with parents,
community organizations and agencies
concerned with the activities of children;
(10)Extend particular care and attention to
children at risk. Specialized prevention
programs and educational materials,
curricula, approaches and tools should be
developed and fully utilized;
(11)Give special attention to comprehensive
policies and strategies for the prevention of
alcohol, drug and other substance abuse by
children. Teachers and other professionals
should be equipped and trained to prevent
and deal with these problems. Information
on the use and abuse of drugs, including
alcohol, should be made available to the
student body;
(12)Serve as resource and referral centers for
the provision of medical, counseling and
other services to children, particularly those
with special needs and suffering from
abuse, neglect, victimization and
exploitation;
(13)Attempt to meet and promote the highest
professional and educational standards with
respect to curricula, teaching and learning
methods and approaches, and the
recruitment and training of qualified
teachers;
(14)Plan, develop and implement
extracurricular activities of interest to
children, in cooperation with community
groups;
(15)Give special assistance to children who find
it difficult to comply with attendance rules,
and to “drop-outs;”
(16)Promote policies and rules that are fair and
just.
Mass media - the mass media shall play an
active role in the promotion of child rights, and
delinquency prevention by relaying consistent messages
through a balanced approach. Media practitioners shall,
therefore, have the duty to maintain the highest critical
and professional standards in reporting and covering
cases of children in conflict with the law consistent with
the Guidelines for Media Practitioners on the Reporting
and Coverage of Cases Involving Children issued by the
Special Committee for the Protection of Children.
In all publicity concerning children, the best
interest of the child should be the primordial and
paramount concern. Any undue, inappropriate and
sensationalized publicity of any case involving a child
in conflict with the law is hereby declared a violation
of the child’s rights. The right of the child in conflict
with the law to have his/her privacy shall be
respected. Any material information obtained by
media practitioners on the child in conflict with the
law must not be used in violation of this right or in
any manner that may lead to the child’s identity.
Media practitioners shall not disclose the identities of
the relatives of the child to maintain confidentiality
and privacy.
The mass media shall also be encouraged:
(1) To ensure that children have access to
information and material from a diversity of
national and international sources;
(2) To portray the positive contribution of
children to society; and
(3) To disseminate information on the
existence of services, facilities and
opportunities for children in society.
Role of Different
Sectors in Juvenile
Intervention and
Prevention
Family - the family shall be responsible for the
primary nurturing and rearing of children,
which are critical in delinquency prevention. As far
as practicable and in accordance with the
procedures of the Act, a child in conflict with the law
shall be maintained in his/her family.
Educational system by way of contributing to
juvenile intervention and delinquency prevention,
educational institutions shall:
(1) Work together with families, community
organizations and agencies in the prevention of
juvenile delinquency and in the rehabilitation and
reintegration of child in conflict with the
law.
(2) Provide adequate, necessary and individualized
educational schemes for children
manifesting difficult behavior and children in conflict
with the law.
(3) In cases where children in conflict with the law
are taken into custody or detained in
youth rehabilitation centers, provide the opportunity
to continue learning under an alternative
learning system with basic literacy program or non-
formal education accreditation
equivalency system.
In addition to their academic and vocational training
activities, educational institutions shall
devote particular attention to the following:
(1) Teaching of basic values and developing respect
for the child’s own cultural identity and
patterns, for the social values of the country in which
the child is living, for civilizations
different from the child’s own and for human rights
and fundamental freedoms;
(2) Promotion and development of the personality,
talents and mental and physical abilities of
children to their fullest potential;
(3) Involvement of children as active and effective
participants in, rather than mere objects of,
the educational process;
(4) Undertaking activities that foster a sense of
identity with and of belonging to the school and
the community;
(5) Encouragement of young persons to understand
and respect diverse views and opinions, as
well as cultural and other differences;
(6) Provision of information and guidance regarding
vocational training, employment
opportunities and career development;
(12) Serve as resource and referral centers for the
provision of medical,
counseling and other services to children,
particularly those with special needs
and suffering from abuse, neglect, victimization and
exploitation;
(13) Attempt to meet and promote the highest
professional and educational
standards with respect to curricula, teaching and
learning methods and
approaches, and the recruitment and training of
qualified teachers;
(14) Plan, develop and implement extracurricular
activities of interest to
children, in cooperation with community groups;
(15) Give special assistance to children who find it
difficult to comply with
attendance rules, and to “drop-outs;”
(16) Promote policies and rules that are fair and just.
Mass media - the mass media shall play an active role
in the promotion of child rights,
and delinquency prevention by relaying consistent
messages through a balanced approach.
Media practitioners shall, therefore, have the duty to
maintain the highest critical and
professional standards in reporting and covering
cases of children in conflict with the law
consistent with the Guidelines for Media
Practitioners on the Reporting and Coverage of
Cases
Involving Children issued by the Special Committee
for the Protection of Children.
In all publicity concerning children, the best interest
of the child should be the primordial and
paramount concern. Any undue, inappropriate and
sensationalized publicity of any case
involving a child in conflict with the law is hereby
declared a violation of the child’s rights. The
right of the child in conflict with the law to have
his/her privacy shall be respected. Any material
information obtained by media practitioners on the
child in conflict with the law must not be
used in violation of this right or in any manner that
may lead to the child’s identity.
Media practitioners shall not disclose the identities of
the relatives of
the child to maintain confidentiality and privacy. The
mass media
shall also be encouraged:
(1) To ensure that children have access to
information and
material from a diversity of national and
international sources;
(2) To portray the positive contribution of children to
society; and
(3) To disseminate information on the existence of
services,
facilities and opportunities for children in society.
All levels of local government shall have Local
Councils for the Protection of Children (LCPCs) as
provided in Section 15 of the Act.The LCPC in each
level of local government unit (LGU) is: § (1)
Province – Provincial Council for the Protection of
Children (PCPC); § (2) City – City Council for the
Protection of Children (CCPC); § (3) Municipality –
Municipal Council for the Protection of Children
(MCPC); and § (4) Barangay – Barangay Council for
the Protection of Children (BCPC). In LGUs where
LCPCs are not yet established, the concerned LGU
shall immediately establish an LCPC upon the
effectivity of the Act and ensure that it is performing
its duties and responsibilities as provided in these
Rules.Where they have been established, the LCPCs
shall be strengthened by their respective LGUs.
Each barangay, municipality and city shall
appropriate in its annual budget one percent (1%) of
its annual internal revenue allotment (IRA) for the
strengthening and implementation of the programs of
the LCPC.The LGU concerned shall be responsible
for the disbursement of the fund as provided by
existing laws. Funds disbursed by LGUs on current
programs of the LCPC shall be deemed as
appropriate disbursement under Section 15 of the
Act. However, the one percent (1%) IRA allocation
under in this Rule is different from the budget
disbursed by the LGUs for social services.
Membership in the LCPC shall be chosen from
among the responsible members of the community,
including a representative from the youth sector, as
well as representatives from government and private
agencies concerned with the welfare of children.
Pursuant to DILG Memorandum Circular No. 2002-
121, the LCPC in each level of LGU shall be
composed of:
§ (1) Provincial Council for the Protection of
Children (PCPC) - Chairperson -Provincial
Governor , Members -Sangguniang Panlalawigan
Member , (Chairperson, Committee on Women and
Family) DILG Provincial Director, Provincial Social
Welfare and Development Officer , Provincial Labor
and Employment Officer , Division Superintendent of
DepEd , Provincial Planning & Development
Officer , Provincial Budget Officer , Provincial
Health Officer , Provincial Nutrition Officer ,
Provincial PNP Director , Provincial
Commander,AFP , Provincial Treasurer , President,
League of Municipalities , Provincial SK Federation
President , Child Representative ,At least three (3)
representatives of NGOs § (2) City Council for the
Protection of Children (CCPC) and Municipal
Council for the Protection of Children (MCPC) –
Chairperson –City / Municipal Mayor, Members –
Sangguniang Panlungsod / Pambayan Member ,
(Chairperson, Committee on Women and Family) ,
DILG City / Municipal Field Officer , City /
Municipal Social Welfare and Development ,
Officer , Division Superintendent / District
Supervisor of DepEd , Local Labor and Employment
Officer , City / Municipal Planning & Development
Officer , City / Municipal Budget Officer , City /
Municipal Health Officer , City / Municipal Nutrition
Officer , City / Municipal PNP Director , City /
Municipal Treasurer , City / Municipal LIGA ng
mga Barangay President , City / Municipal SK
Federation President , Parent – Teachers Association
(PTA) President , Child Representative ,At least
three (3) representatives of NGOs
§ (3) Barangay Council for the Protection of Children
(BCPC) - Chairperson -Punong Barangay , Members
-Barangay Kagawad (Chairperson on Women and
Family) , Barangay Nutrition Scholar , Barangay
Day CareWorker , Barangay Health Nurse / Midwife
, Barangay HealthWorker , DepEd Principal /
Teacher-in-charge , Chief Tanod , SK Chairperson ,
Child Representative , PTA President or his/her
representative , NGO Representative , Membership
in the LCPC shall be subject to the review and
amendment of the DILG through appropriate
issuances.
Duties and responsibilities of the LCPC All LCPCs
shall: § (1) Serve as the primary agency to coordinate
with and assist the LGU concerned for the adoption
of the Comprehensive Juvenile Intervention Program
as provided in Rule 18 below, and to oversee its
proper implementation; (2) Coordinate with and
assist the LGUs in calling on all sectors concerned,
particularly the child-focused institutions, NGOs,
people’s organizations, educational institutions and
government agencies involved in delinquency
prevention to participate in the planning process and
implementation of juvenile intervention programs;
(3) Coordinate with LGUs in the annual review and
assessment of the comprehensive juvenile
intervention programs; (4) Coordinate with and
assist the SK in the formulation and implementation
of juvenile intervention and diversion programs in
the community; (5) Provide coordinative linkages
with other agencies and institutions in the planning,
monitoring and evaluation of juvenile intervention
and diversion programs in the community; (6) Assist
the Punong Barangay in conducting diversion
proceedings in cases provided under Section 23(a) of
the Act and Rule 43.b below; (7) Assist the Local Responsibility of BCPC members Members of the
Social Welfare and Development Officer (LSWDO) BCPC shall have the following additional
in the development of the appropriate diversion responsibilities: § (1) To take custody of the child in
program conflict with the law who is found to be fifteen (15)
§ (8) Institute together with schools, youth years of age or below if the parents, guardians or
organizations and other concerned agencies the nearest relatives of the child cannot be located, or if
community-based programs on juvenile justice and they refuse to take custody as provided in Section 20
welfare initiated by LGUs; (9) Conduct capability of the Act and Rule 31.b below. (2) To be present in
building programs to enhance knowledge and skills the initial investigation of the child in conflict with
in handling children’s programs; § (10) Establish and the law in the absence of the child’s parents,
maintain a database on children in the local guardian, or nearest relative, and the LSWDO as
government. Specifically, for the purpose of this Act, provided in Section 22 of the Act and Rule 23.b.The
the LCPCs shall maintain a database of children in presence of the member of the BCPC, or in the
conflict with the law, which shall include the children alternative, the representative of an NGO or a faith-
who undergo intervention, diversion and based group, may be required in the initial
rehabilitation programs and after-care support investigation to ensure that the rights of the child are
services; (11) Document best practices on juvenile protected during that stage.
intervention and prevention; (12) Advocate and
recommend local legislations promoting child
survival, protection, participation and development,
especially on the quality of television shows and
media prints and coverage, which are detrimental to
children, and with appropriate funding support; (13)
Conduct an inventory of all NGOs serving children in
conflict with the law and mobilize them as resources
for the effective implementation of the Act; (14)
Review existing policies of units providing services to
children in conflict with the law, determine the
barriers to access to these services, and take the
necessary action to improve access to these services.
In addition to its functions under Presidential Decree
No. 603, or the “The Child andYouthWelfare Code”
[“P.D. 603”] and Republic Act No. 8980, or the
“ECCD Act,” each BCPC shall perform the following
functions consistent with the objectives of the Act on
juvenile intervention and delinquency prevention: §
Encourage the proper performance of the duties of
parents, and provide learning opportunities on the
adequate rearing of children and on positive parent-
child relationship; § Assist parents, whenever
necessary in securing expert guidance counseling
from the proper governmental or private welfare
agency; In addition, it shall hold classes and seminars
on the proper rearing of children. It shall distribute
to parents available literature and other information
on child guidance.The Council shall assist parents,
with behavioral problems whenever necessary, in
securing expert guidance counseling from the proper
governmental or private welfare agency; Coordinate
the activities of organizations devoted to the welfare
of children in coordination with the Sangguniang
Kabataan and secure their cooperation; Protect and
assist children at risk; and Take steps to prevent
juvenile delinquency and assist parents of children
with behavioral problems so that they can get expert
advise.