Juvenile Delinquency and Juvenile Justice

System

WRITTEN REPORT

Reporter no. 6

GROUP 1
 Table of Contents
Topics Page
I. Factors Affecting Juveniles to Commit Crime ………………………….. 3

Family ………………………………………………………………………… 3

School ………………………………………………………………………… 4

Environment ………………………………………………………………… 4

Peer Group ………………………………………………………………….. 4

Mass Media ………………………………………………………………… 5

II. Civil and Criminal Liability of Juvenile Delinquents ………………..… 6

III. Exempting Circumstances of Juvenile Delinquents ………………….... 10

IV. Liability of Parents or Guardian in Juvenile Delinquency when

Committing an Offense ………………………………………………………. 11

References ……………………………………………………………………… 11

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I. FACTORS AFFECTING TO COMMIT CRIMES BY JUVENILE DELINQUENTS

1. FAMILY

The first and most basic institution of society responsible is for developing a child's
potential in all its aspects like physical, emotional, spiritual, moral, intellectual, and
social. The family unit is crucial to the child’s development and healthy upbringing, in
addition, much of what a child learns is through their family or guardians. Criminal parents
can indirectly teach adverse lessons about life when heir child views or witnesses their
delinquent behaviour.

The family molds the child to learn to curb his desires and to accept rules that define time,
place, and circumstances under which highly personal needs may be satisfied in socially
acceptable ways.

Many families fail to provide adequate material, physical, and emotional security to
their children. Such failures are common today which significantly contributed to the
problem of juvenile delinquency. Some specific factors blamed on the failure of the family to
rear children properly; separation of parents, family desertion, both working parents,
single parenthood, and family displacement.

Parenting Styles: Researchers say it's important to ensure your parenting style is supporting
healthy growth and development, because the way you interact with your child and how you
discipline has a lifelong impact.

1) Authoritative Parents (Balanced Parenting)

 Demanding at the same time responsive. They are warm but firm, teach children
to be independent but still places limits and controls of their action.

2) Authoritarian Parents (Strict Parenting)

 Demanding but not responsive. This style believes that the child should accept
without questioning the rules and standards established by the parents.

3) Indulgent Parents (Free-ranger Parenting)

 Responsive but not demanding. They place relatively few demands on the child's
behavior, giving the child a high degree of freedom to act as he/she wishes.

4) Indifferent Parents (Neglectful Parenting)

 Neither demanding nor responsive. They know little about their child's activities
and whereabouts, unsupportive of their children but provide their basic needs.

Factors in the Family Setting Life that may cause Delinquency

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 a. Faulty development of the child
b. Lack of parental guidance
c. Parental Rejection
d. Broken homes
e. Lack of love
f. Unfair treatment
g. Too harsh discipline by either or both parents
h. Too much leniency by either or both parents
i. Unfavorable parental example

2. SCHOOL

It is considered as the second home of a child, with teachers as the second parents. It is an
institution responsible for the training of young person’s intellectual, moral, as well as
social skills which children need to grow up as productive, law-abiding, and responsible
citizens. The following are the instances of deviant conduct attributed to school inadequacy:

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

3. ENVIRONMENT

The culture, norms, and behaviour of the child’s surroundings may very well influence
the upbringing of the child especially during their formative years and such misbehavior
learned is likely to be carried on until the child’s maturity. Some behaviour modification by
means of imitation as brought about by environmental influence:

1) Rampant drug addiction;

2) Vices such as gambling and drinking alcoholic beverages;
3) Association with criminal groups or gangs; and
4) Too much exposure to sex and violence movies, television, and internet.

4. PEER GROUP

Some children spend more time with their BARKADA or peer group. A group of youths of
similar age and interest often can empower young people in their senses of feeling
worthwhile and important. ADOLESCENCE is a stage of development in which
ACCEPTANCE by one’s peers becomes extremely important to juvenile’s sense and self-
worth Associating with a circle of friends who exhibit delinquent behaviours and perform

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 delinquent acts increase the risk of non-conformity to social norms as well as deviant and
delinquent behaviours.

Peers can also teach an adolescent or child criminal behaviour just as family members can,
with too much ego- whether right or wrong, safe or dangerous, permitted or prohibited, the
youth will do whatever they want to do.

JUVENILE GANG – self-formed association bound together by mutual interest, with

identifiable leadership, well-developed lines of authority, and other organizational features,
who act to achieve a specific purpose which generally includes the conduct of illegal
activity and control over a particular territory, facility, or type of enterprises.

The use of alcohol and illegal drugs by juveniles is one cause of delinquency, as they are
often compelled to commit crimes (usually Theft) to obtain the cash needed to support
their substance use. Without close parental supervision and guidance, youth are susceptible
to do what their peers dictate on them, which may lead to minor or even major form of
deviance and delinquency.

5. MASS MEDIA

This includes all kinds of communications where a child is exposed to. If media material is
not properly scanned or screened by parents as fitted to the age and comprehension level
of their child, the material may be considered detrimental to his or her upbringing.

Movie and Television Review and Classification Board (MTRCB)

 A Philippine government agency responsible for rating and reviewing television

programs, movies, and home videos.

Internet and Technological Advancement

 The problem of delinquency remains an important issue in society. Teenage

drinking and smoking behaviours, juvenile gangs, bullying, and many other forms of
juvenile crime and delinquency are still prevalent. Internet and other technological
advancement have opened a new world of information gathering and sharing,
they have been brought with them a basketful of new problem ranging from
stalking to cyberbullying.

Cyberbullying is one of the challenges facing today’s teens. The internet now
provides easy access to adult sexual material. Kid have been bullied and stalked on
the net and in some cases have been drive to suicide.

The root causes of crime are many and diverse. Any hope of addressing those causes
successfully requires multi-faceted strategies. Any solution to juvenile crime must involve all
sectors of society: individuals, families, schools, churches, community groups, governments, and
businesses. While the scope of effort involved should be as broad as all of society.

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 II. CIVIL AND CRIMINAL LIABILITY OF JUVENILE DELINQUENTS

Republic Act 9344 “Juvenile Justice and Welfare Act of 2006”

Under RA 9344, Child fifteen (15) years under is EXEMPTED from criminal liability, but is
required to undergo Intervention Program while Child above fifteen (15) years of age but
below eighteen (18) years of age shall likewise be EXEMPTED from criminal liability if
he/she acted WITHOUT DISCERNMENT, but he shall still undergo Intervention Program.

Those Child above fifteen (15) years of age but below eighteen (18) years of age who
ACTED WITH DISCERNMENT shall be subjected to Diversion Proceedings and shall
undergo DIVERSION PROGRAM only if QUALIFIED. CICLs who were NOT
QUALIFIED to undergo Diversion Program or REFUSED TO UNDERGO Diversion, shall be
PROSECUTED.

PRESIDENTIAL DECREE No. 603 “THE CHILD AND YOUTH WELFARE CODE”
Article 201 Civil Liability of Youthful Offenders. - The civil liability for acts committed by a
youthful offender shall devolve upon the offender's father and, in case of his death or incapacity,
upon the mother, or in case of her death or incapacity, upon the guardian. Civil liability may also
be voluntarily assumed by a relative or family friend of the youthful offender.

JUVENILE JUSTICE AND WELFARE SYSTEM

Acted WITHOUT Discernment

CHILD IN CONFLICT WITH THE LAW (CICL) committed a crime

Child is taken into custody- INITIAL CONTACT OF THE CHILD with LAW ENFORCEMENT
OFFICER.

CICL age 15 years over but under 18 years who acted WITHOUT DISCERNMENT

Notice will be given to DSWD officer for appropriate INTERVENTION PROGRAM

CICL will be released and will undergo INTERVENTION PROGRAM

Acted WITH Discernment

CHILD IN CONFLICT WITH THE LAW (CICL) committed a crime

Child is taken into custody- INITIAL CONTACT OF THE CHILD with LAW ENFORCEMENT
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OFFICER.
If CICL, Parents or Guardians refuse Diversion; CICL is disqualified or Diversion is not
appropriate

CHILD IN CONFLICT WITH THE LAW (CICL) committed a crime

LEO handling the case shall within days forward the case to prosecutor or judge for inquest or Preliminary
Investigation.

Information against the child shall be filed before the family court within 45 days. Court proceeding will be
undertaken while the child is detained under the DSWD or released on BAIL.

If the court finds the child not guilty or with no probable cause, the court shall order the release of the child
to the custody of parents.

CICL shall be released

If Court finds the Child guilty,

CHILD IN CONFLICT WITH THE LAW (CICL) committed a crime

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the child is entitled to automatic suspension of sentence. It may be extended until the child reaches the
maximum age of EIGHTEEN (18) YEARS OLD.
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM shall be instituted in local
government units from barangay to the provincial levels and it includes community-based
programs on juvenile justice and welfare.

INTERVENTION – refers to a series of activities which are 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 or her psychological, emotional, and psycho-social well-being.

COMMUNITY-BASED PROGRAMS ON JUVENILE JUSTICE AND WELFARE shall be

instituted by the local government units through the school, youth organizations, and other
concerned agencies it responds to the special needs, problems, interests, and concerns of children
which offer appropriate counseling and guidance to them and their families. These programs
shall consist of three (3) levels:

1. PRIMARY INTERVENTION

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  includes general measure to promote social justice and equal opportunity, which
tackle perceived root causes of offending.

2. SECONDARY INTERVENTION

 includes measures to assist children at risk

3. TERTIARY INTERVENTION

 includes measure to avoid unnecessary contact with the formal justice system and
other measures to prevent re-offending

While INTERVENTION is a series of activities created to address the issues concerning

children, while DIVERSION is 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 court interference and
there is an DIVERSION PROGRAM that the CICL is required to undergo after he or she is
found responsible for an offense without resulting to formal court proceedings.

System of Diversion

Children in conflict with the law shall undergo diversion proceedings and it shall be completed
within FORTY-FIVE (45) DAYS subject to the following conditions:

1. the imposable penalty for the crime committed is NOT MORE THAN SIX (6) YEARS
IMPRISONMENT
2. in victimless crimes, the imposable penalty is NOT MORE THAN SIX (6) YEARS
IMPRISONMENT
3. in cases where the imposable penalty exceeds six (6) years, diversion measures may be
resorted to only by the COURT

Contract of Diversion

It 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.

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Family Court have exclusive original jurisdiction to hear and decide on criminal cases where
one or more of the accused is below 18 years but not less than nine or where one or more of the
victims is a minor at the time of the commission of the offense.

Preliminary Investigation of a CICL shall be governed by section 3 of RULE 112 of the

Revised Rule of Criminal Procedure.

 A specially trained prosecutor shall be assigned to conduct the inquest, preliminary

investigation and prosecution of the case involving a child in conflict with the law.
 The child shall be assisted by a private lawyer or, if none, a lawyer from the Public
Attorney’s Office. If there is an allegation or evidence of torture or ill-treatment of a child
in conflict with the law during custody or detention, it shall be the duty of the prosecutor
to investigate the same.

Automatic Suspension of Sentence

If the CICL 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 EIGHTEEN (18) YEARS OLD. The
court shall order the detention of the child in a youth rehabilitation center where he shall undergo
the appropriate disposition measure.

DISPOSITION MEASURES – is a program prepared by a local social welfare officer or the

court-appointed social worker appropriate to the personal and peculiar circumstances of the
CICL.

Probation - A child in conflict with the law whose sentence was executed by the court upon
reaching the maximum age of EIGHTEEN (18) shall be entitled to the benefits of probation
under PD 968, The Probation Law 1976.

III. EXEMPTING CIRCUMSTANCES OF JUVENILE DELINQUENTS

The exempting circumstances of minor is supported by the fact that in the commission of crime,
one of the element in determining whether or not a person is capable of committing a felony is
the existence of intelligence. In minors, intelligence is always referring to the existence of
discernment and discernment is always attached to the age of the minor.

Thus, from the theory of criminal liability perspective of the Revised Penal Code, as
consequence, the minor who is 15 and below is not capable of knowing what is right or wrong or
determine the morality or consequences of his wrongful act, that is – WITHOUT
DISCERNMENT or WITHOUT INTELLIGENCE. They are similar to a minor, aged 9 and
below, under the RPC who are absolutely without any criminal liability (Gabao, 2012).

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Republic Act 3815 “The Revised Penal Code”

According to the Article 12 of the Revised Penal Code, circumstances which exempt an
individual from criminal liability include the minority of the offender. This includes the
following:

1. A person under 9 years of age; and

2. A person over nine years of age and under fifteen, unless he has acted with discernment,
in which case, such minor shall be proceeded against in accordance with the provisions of
Art. 80 of the Code (Automatic Suspension of Sentence)

But, this age has been amended by RA 9344 or the Juvenile Justice and Welfare Act of 2006.

Whereas, the following age is exempt from criminal liability:

1. Child 15 years of age or under at the time of commission of offense.

2. Child above 15 but below 18 who acted without discernment.

Exemption from criminal liability does not exempt a person from civil liability and it shall be
enforced according to the law.

IV. LIABILITY OF PARENTS OR GUARDIAN IN JUVENILE DELINQUENCY WHEN

COMMITTING AN OFFENSE

Presidential Decree No. 603, Article 204

Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their
Children or Wards. - A person whether the parent or guardian of the child or not, who knowingly
or wilfully,

1. Aids, causes, abets or connives with the commission by a child of a delinquency, or

2. Does any act producing, promoting, or contributing to a child's being or becoming a juvenile
delinquent, shall be punished by a fine not exceeding five hundred pesos or to imprisonment for
a period not exceeding two years, or both such fine and imprisonment, at the discretion of the
court.

Article 101, Republic Act 3815 “The Revised Penal Code”

The civil liability of a minor who committed a crime shall devolve upon those having such
person under their legal authority or control; unless it appears that there was no fault or
negligence on their part.

Article 2180, Republic Act 386 “The New Civil Code of the Philippines”

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The obligation imposed by article 2176 is demandable not only for one's own acts or omissions,
but also for those of persons for whom one is responsible, this includes:

 The father and, in case of his death or incapacity, the mother, are responsible for the
damages caused by the minor children who live in their company.
 Guardians are liable for damages caused by the minors or incapacitated persons who
are under their authority and live in their company.

Section 20-D. Joint Parental Responsibility, Republic Act 9344 “Juvenile Justice Welfare
Act of 2006”

The parents shall be liable for damages unless they prove, to the satisfaction of the court, that
they were exercising reasonable supervision over the child at the time the child committed the
offense and exerted reasonable effort and utmost diligence to prevent or discourage the child
from committing another offense.

Article 221, Executive Order 209 “Family Code of the Philippines”

Parents and other persons exercising parental authority shall be civilly liable for the injuries and
damages caused by the acts or omissions of their unemancipated children living in their
company and under their parental authority subject to the appropriate defenses provided by law.

Therefore, even if a child below 15 years of age is exempted by law from criminal
responsibility due to his or her minority, apart from the mandated intervention to rehabilitate
the minor offender, indubitably, one of the available legal remedies for an offended party is to
file a civil case against the parents of such minor offender pursuant to the aforementioned
parental vicarious liability.

REFERENCES:

 Ablay, F. et al. (2013). Understanding Juvenile Delinquency. (pp. 24-30, 72-73, 79-84).
PCCR BOOKSTORE INC.
 Acosta, P. (2022, April 18) “Legal Advice: Liability of Parents for the Crime Committed
by Minor Child”
https://www.manilatimes.net/2022/08/18/legal-advice/liability-of-parents-for-the-
crime-committed-by-minor-child/1855009

 https://pnl-law.com/blog/conduct-of-preliminary-investigation-affecting-children-in-
conflict-with-the-law/

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