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 What is Juvenile
Delinquency?
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 ● refers to the acts by a juvenile that are
pre considered as a crime if committed
by an as well as to the actions that are
illegal only because of the age of the
offender.

Juvenile Delinquency ● A Juvenile Delinquent, is any young

person whose conduct is characterized
by antisocial behavior that is beyond
parental control and subject to legal
action.
● Juvenile delinquency In the Philippines,
a "Child" refers to a person under the
age of eighteen (18) years.
● A child fifteen (15) years of age or
under at the time of the commission of
the offense are exempt from criminal
liability, However, the child is to be
subjected to an intervention program.
● In addition to this, a child above fifteen
(15) years but below eighteen (18)
years of age are also exempt from
criminal liability and subjected to an
intervention program, unless he/she
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has acted with discernment.

 What is Juvenile Justice?
• refers to a system of laws, policies, and procedures intended to
regulate the processing and treatment of non adult offenders for
violations of law and to provide legal remedies that protect their
interests in situations of conflict or neglect.
• In the Philippines, 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.
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 Historical Background of Juvenile
Justice and Juvenile Delinquency

• refers to a system of laws, policies, and procedures intended to regulate

the processing and treatment of non adult offenders for violations of law
and to provide legal remedies that protect their interests in situations of
conflict or neglect.
• In the Philippines, 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.
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 The Harsh
16th and
Beginnings
17thCentury
● Children were viewed as non-persons until the
● The concept of childhood began to emerge in
the sixteenth and seventeenth centuries.
1700's.

● In terms of legal proscriptions children could be

held liable for the same actions and in the same
fashion as adults.
● There were some major assumptions about life
before the 1700's adults (Kibin, 2022).
● For them youths who were not yet corrupted.
● As a result childhood came to be seen as a
period of time during which the young could
receive an education and moral training without
the pressures of adulthood.

● At this time family control of children, with the

father in the role of sovereign, was the dominant
model for disciplining wayward youth (Krisberg,
2005, p.20).
● This system was extended to those children
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● Dealing with misbehavior began to be tailored to
fit the age of the offender.
● While these types of changes began to
recognize the importance of age in dealing with
offenders, the actions taken against the
offenders remained the same regardless of the

without families through a system of "binding

age.
out" the young to other families.
 Age of Enlightenment
● During the colonial ● At the end of the 18th
times and up to the first century, the
part of the 1800's, Enlightenment
youths were labeled as appeared as a new
rowdy and out o control; cultural transition.
hence the term ● This period of history is
"wayward youth". sometimes known as
the beginning of reason
and humanism (Kibin,
2022).
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● It was the invention of
childhood, love and
nurturing instead of
beatings to stay in line.
● Reproduction and
childrearing became a
marker of middle-class
masculinity.
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Photo by Alex Iby on Unsplash

 The Industrial Revolution

With the coming of the

The Industrial Revolution became a
springboard for new social distinctions Industrial Revolution, children
between childhood and youth, impacting were employed in factories
the identification and treatment of children and mines, aboard fishing and
merchant ships, and as
for centuries to come."It contributed to the
apprentices to various types of
increase in families and children residing
merchants (Kratcoski, 2012,
within large cities.
p.122).The social attitudes
towards children were slowly
As a result, families experienced sparse
changing; children were seen
housing, overcrowding, health problems,
as more malleable and easily
crime, dangerous labor practices, meager
influenced than adults, and
wages, and poor environmental
less capable of rational
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conditions, among other social issues.

decision making."
 The Progressive Era and the Child Savers
The period from 1880 to 1920 is referred to as the Progressive
Era.

It was a time of major social structural change at least in the

United states of America.

It is a significant social movement that brought us closer to the

creation of a separate system of justice for children.

During the second half of the 19th century, a group of reformers

known as Child Savers, instituted new measures to prevent
juvenile delinquency Krisberg, 2005, p.31).

The transition to a separate judicial system was a gradual

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process, which culminated in a radically

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 • Youths under 16 who engage in
certain deviant behaviors should be
classified as “juvenile delinquents.”
• special rules of procedure should
govern the adjudication of cases heard
before juvenile courts.
• Child and adult offenders should be
separated
• Children are victims of their
environments and should be reformed
and rehabilitated.
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 RATIONAL CHOICE
THEORY
It holds that criminal behavior is predicted on
the use of calculations, reasonings, and rational
consideration of choices. It is an economic
approach to understaning crime, where rational
choices are based on the principle of self
interest.
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 ROUTINE ACTIVITES
THEORY TRAIT THEORY
​It holds rational choice theory, developed
by Lawrence E. Cohen, Marcos Felson in
1979, routine activites theory requires ● It holds that youth engage
three elements be present for crime to
occur: in delinquent behavior or
• A motivated offender with criminal criminal behavior due to
intentions and the ability to act on these
inclinations aberrant physical or
• A suitable victim ir target; and psychological traits that
• The absence of a capable guardian who
can prevents the crime from happening.
govern behavioral choice.
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 Historical Background of Juvenile
Justice and Juvenile Delinquency

• refers to a system of laws, policies, and procedures intended to regulate

the processing and treatment of non adult offenders for violations of law
and to provide legal remedies that protect their interests in situations of
conflict or neglect.
• In the Philippines, 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.
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 The Somatotypes and their
corresponding temperament are:
• Endomorph (Somatotype)
• Viscerotonic (Temperament)
• Mesomorphic (Somatotype)
• Somatotonic (Temperament)
• Ectomorphic (Somatotype)
• Cerebrotonic (Temperament)

BIOSOCIAL THEORIES
It is a theory of delinquency causation that integrates biologically
determined traits and environmental stimuli. It discusses the
assumed links between physical and mental traits, the social
environment, and behavior.
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 NUTRITIONAL HORMONAL ALLERGIES
DEFICIENCIES INFLUENCES
● Bio-Criminologists ● James Q. Wilson argues ● It refers to the reactions
that hormones and of the body to foreign
maintain that
neurotransmitters may substances. Cerebral
minimum levels of explain gender differences
allergies cause a
vitamins and minerals in violent behavior.“He
reaction in the brain.
are required. for maintains that gender
differences in exposure to Neuro-allergies affect
normal brain the nervous system.
androgens (male sex
functioning. Medical hormones) explain why Cerebral and neuro
research suggests males are naturally more allergies have been
that proper nutrition is violent than females and linked to mental,
why females are more emotional, and
especially important
nurturing and empathetic
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during early behavioral problems.

(Wilson 1993).
childhood.
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 Neurological Dysfunction
• It is believed that impairments in brain functions may be present at birth
produced by factors such as low birth weight, brain injury during
pregnancy, birth complications and inherited abnormalities.
• One of the most important measures of normal neurological functioning is
the Electroencephalogram (EEG). An EEG refers to the electrical
impulses given off by brain waves. These impulses can be recorded by
electrodes placed on the scalp." Studies suggest that 50 to 60 percent of
habitually violent adolescents have abnormal EEG readings, compared
with only five to fifteen percent of the general population.

Attention Deficit/Hyperactivity Disorder (ADHD)

• It is a condition where the child shows a developmentally inappropriate
lack of attention. Impulsivity, and hyperactivity Minimal Brain Dysfunction
(MBD). It is related to abnormalities in cerebral structure.
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 Conduct Disorder
• It is considered as a precursor of
long term chronic offending. It is a
condition of childhood and
adolescence that involves chronic
behavior problems, such as defiant,
impulsive, or antisocial behavior,
and substance abuse
Learning Disability
• It is a disorder in one or more of the
basic psychological processes
involved in understanding or in
using language, spoken or written,
which may manifest itself in an
imperfect ability to listen, think,
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speak, read, write, spell, or to do
mathematical calculations.
Arousal Theory
• It suggests that delinquents and
criminals have suboptimal arousal
levels. Thus, they are neurologically
inclined to seek stimulation in a
variety of ways and to tolerate more
pain to satisfy their need for
stimulation.
Genetic Influences
The genetic makeup of delinquents may
be directly or indirectly associated with
delinquency. According to the proponents
of the Gene- crime association:
1. Antisocial behavior is inherited;
2. The parents’ genetic makeup is
passed on to children; and
3. Genetic abnormality is directly linked
to a variety of antisocial behaviors.
 It explains the existence of aggression
and violent behavior as adaptive
behaviors in human evolution. These
traits allowed the bearers to
Evolutionary Theory reproduce disproportionately, which
has had an effect on the human gene
pool.
From an evolutionary perspective,
violence is thought to have developed
as a male reproductive strategy
because it can:
1. Eliminate or deter genetic
competition
2. Serve as a method for displaying
physical strength and attracting
females;
3. Deter females from leaving and
mating with other males.
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 What is Marriage License?
A marriage license is a document issued by a church or state authority
authorizing a couple to marry.

Financial Considerations of Marriage

● Dowry – a dowry was not an unconditional gift, but was usually a part of a
wider marriage settlement.
● Bride Price and Dower – In other cultures, the groom or his family was
expected to pay a bride price to the bride’s family for the right to marry the
daughter, or dower, which was payable to the bride.
● Modern Customs – in many countries today, each marriage partner has the
choice of keeping his or her property separate or combining properties.
● Taxation – spouses are allowed to average their incomes; this is
advantageous to a married couple with disparate incomes. To compensate
for this, many countries provide a higher tax bracket for the averaged
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income of a married couple.

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 Family Code Provides Marriage
Marriage (Article 1, FC) Exempted from:
Marriage is a special contract of permanent union between
a man and a woman entered into in accordance with law Legal Requisites for Marital
for the establishment of conjugal and family life. (Desiderio, Cohabitation
2006)
A marriage ceremony that takes
Two (2) essential requisites of valid marriage are (Art. place with:
2, FC):
a. Legal capacity of the contracting parties who must be a What happens if parental consent is
male and a female; and required but not secured or given?
b. Consent freely given in the presence of the solemnizing
office
Who is allowed to Solemnize
(3) formal requisites of marriage are Marriage?
(Art. 1. Authority of the solemnizing officer; 1. The Chief Justice and Associate
2. A valid marriage license except in the cases provided in
Justices Court;
Family Code
2. The presiding Justice and Justices of
the Court of Appeals;
3. Judges of the Courts of First
Instance;
4. Mayors of cities and municipalities;
5. Municipal Judges and Justices of the
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peace;
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 What is psychological incapacity?
Psychological incapacity refers to no less than a mental in capacity that causes a
party to be truly not cognitive of the basic marital covenants that concomitantly
must be assumed and discharged by the parties to the marriage.

Example of Psychological Incapacity

a. The husband/wife refuses to dwell with and subsequently leaves the

husband/wife and without fault on the part of the latter.
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 Six (6) Grounds of Annulment of
Marriage
Marriage may be annulled
for any of the following
causes:
1. That the party in whose
behalf it is sought to have
the marriage annulled was
eighteen years of age or
over but below twenty-one,
and the marriage was
solemnized without the
consent of the parents,
guardian, or person having
substitute parental authority
over the party, in that order,
unless after attaining the
age of twenty-one, such
party freely cohabited with
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the other and both lived
together as husband and
wife;
2. That either party was of
unsound mind, unless such
party after coming to reason,
freely cohabited with the other
as husband and wife;
3. That the consent of either
party was obtained by fraud,
unless such party afterwards,
with full
knowledge of the facts constituting the fraud,
freely cohabited with the other as husband
and wife.
4. That the consent of either party was
obtained by force, intimidation or undue
influence, unless the same having
disappeared or ceased, such party
thereafter freely cohabited with the other
as husband and wife;
5. That either party was physically incapable of
consummating the marriage with the
other, and such incapacity continues and
appears to be incurable; or
6. That either party was afflicted with a
sexually-transmissible disease found to be
serious and appears to be incurable.
 What is the so-called
doctrine of Triennial
Cohabitation?
As opposed to the general rule in favor of
potency, the so-called doctrine of triennial
cohabitation is the doctrine applied in England
and by some U.S. courts which declare the
presumption that the husband is impotent should
the wife still remain virgin after living together with
the husband for three (3) years. The husband will
have to overcome this presumption.
Fraud as Ground for
Marriage Annulment
The following circumstances shall constitute
fraud:
1. Non-disclosure of a previous conviction by final
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judgement of the other party of a crime involving
moral turpitude;
2. Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man
other than her husband;
3. Concealment of sexually transmissible
disease, regardless of its nature, existing at the
time of the marriage; or
4. Concealment of drug addiction, habitual
alcoholism or homosexuality or lesbianism
existing at the time of the marriage.
Legal Separation
Legal Separation (sometimes "judicial
separation", "separate maintenance", 'divorce a
mensa et thoro", or "divorce from bed-and-
board") is a legal process by which a married
couple may formalize a de facto separation whilst
remaining legally married.
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 Grounds for
Divorce
• Adultery
• Desertion
• Voluntary separation
• Criminal conviction
• Insanity
•
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 The Family
"The State recognizes the sanctity of family life
and shall protect and strengthen the family as a
basic autonomous social institution. It shall
equally protect the life of the mother and the life
of the unborn from conception. (Art. II, Sec. 12,
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Phil. Constitution).
 Family Structures
1. Nuclear Family - This refers to a family consisting of a husband and wife
plus their children.
2. Extended Family - This refers to a family consisting of several generations
of blood relatives.
3. Joint Family - This refers to married children with their spouses and children
living in one residence.
4. Household - The household may consist of one individual or a hundred
individuals.
5. Truncated Family - This is not a common form of family. This refers to the
grandparent-grandchildren relationship.

6. Stem Family - This refers to family formed by two families the family of
orientation and the family of procreation.
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 Types of Kinship

● 1. Consanguinity -It refers to the links between blood relatives.

● 2. Affinity -It refers to the links between relatives by marriage.

Agents of Socialization

● 1. Family - The family is the most important agent in socialization. It plays an important
role and has a special responsibility.
● 2. School - The school is a formal agent of socialization. Children weaned from home
are then introduced into the society. It is in the school where emotional and intellectual
growths are formally forged.
● 3. Peers- The peer groups are another very potential agent of socialization. As the child
grows, the role of the family in socialization is gradually supplemented and at times
replaced by the peer group.
● 4. Mass Media - Mass media may be in the form of print, broadcast, or electronic.
● 5. Religion - Religion is an agent of socialization that can assist in giving a society a
sense of direction. Morals and values which are inherent in religion can give guidance
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about what is appropriate in terms of roles and behaviors of a society or individual.

 Rights and Obligations
between husband and Wife

The husband and wife are obliged:

To live together;
Observe mutual live, respect and fidelity; and
Render mutual help and support

Family relations include those:

Between husband and wife;
between parents and children
among other ascendants and descendants;
and
among brothers and sisters, whether of the full
or half blood
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 THE FAMILY HOME
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 Rights and Duties of
Parents Primary
Right of Parents
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 Duties of Parents are:
1. give him affection, companionship and understanding
2. extend to him the benefits of moral guidance, self-discipline and religious
instruction
3. supervise his activities.
4. Inculcate in him the value of industry
5. Stimulate his interest in civic affairs
6. Advise him properly on any matter affecting his development
7. Always set a good example
8. Provide him with adequate support

Liabilities of Parents –
Parents and guardians are liable for the damage caused by the child under their
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parental authority (Art 58, PD 603)

 • Causes, abates or permits the
truancy of the child from where
the child is enrolled
• Improperly exploits the child by
using him
• Inflicts cruel or unusual
punishment upon the child
• Causes or encourages to lead
an immoral life
• Permits the child to possess or
carry a deadly weapon
• Allows or requires the child to
drive without license
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 Illegitimate Children – children
conceived and born outside a valid
marriage are illegitimate, unless
otherwise provided by a Family Code
Legitimated children – Only children
conceived and born outside of wedlock of
parents who, at the time of the
conception of the former, were not
disqualified by any impediment to marry
each other.
Adopted children – a juridical act which
creates between 2 persons a relationship
similar to which results from legitimate
paternity and filiation.
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 Who may Adopt?

1. A person of age and in possession of full

civil capacity and legal rights may adopt,
provided he is in a position to support and
care for his children, legitimate or
illegitimate, in keeping with the means of
the family.
2. The guardian with respect to the ward
prior to the approval of the final accounts
rendered upon the termination of their
guardianship relation
3. Any person who has not been convicted of
a crime involving moral turpitude
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 2. An alien with whose government the
republic of the Philippines has no
diplomatic relations; and
A person who has already been adopted
unless such adoption has been
previously revoked or rescinded.

3. A person who has already been

adopted unless such adoption has been
previously revoked or rescinded.
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 The written consent of the following parties to the adoption shall;

1. The person to be adopted, if ten years of age or over

2. The parents by nature of the child, the legal guardian, or the proper government
instrumentality;
3. The legitimate and adopted children, ten years of age of over, of the adopting parent
or parents;
4. The illegitimate children, ten years of age or over, of the adopting parent, if living
with said parent and the latter’s spouse, if any;
5. The spouse, if any of the person adopting or to be adopted.

However, judicial rescission of the adoption shall extinguish all reciprocal rights and
obligations between the adopters and the adopted arising from the relationship of parent
and child. The adopted shall likewise lose the right to use the surnames of the adopters
and shall resume his surname prior to the adoption (Desiderio, 2006)

Support sustenance, dwelling, clothing, medical attendance, education and

transportation, in keeping with the capacity of the family (Art. 194 FC)
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 The flowing are obliged to support each other to the whole extent set forth in the
preceding article.
1. The spouses
2. Legitimate ascendants and descendants
3. Parents and their legitimate children and the legitimate and illegitimate children of the
latter; and their illegitimate children and (art. 105, FC)
4. Parents and illegitimate children of the latter and;
5. Legitimate brothers and sisters, whether of full or half-blood the legitimate.

Parental Authority
● Pursuant to the natural right and duty of parents over the person and property of their unemancipated
children, parental authority and responsibility shall include the caring and rearing them for civic
consciousness and efficiency and the development of their moral, mental and physical character and
well-being (art. 209, FC).

SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY

The following shall exercise substitute parental authority over the child in the
order indicated:
1. The surviving grandparent, as provided in (art. 214)
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2. The oldest brother sister, over 21 years of age, unless unfit or disqualified
3. The child’s actual custodian, over 21 years of age, unless unfit or disqualified
(Art. 216, FC)
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 SUSPENTION OR TERMINATION OF PARENTAL AUTHORITY
Parental authority terminates permanently:
1. Upon the death of the parents
2. Upon the death of the child
3. Upon the emancipation of the child (Art. 228, FC)

Unless subsequently revived by a final judgement, parental also terminates:

1. Upon adoption of the child
2. Upon appointment of a general guardian
3. Upon judicial declaration of abandonment of the child in a case filed for the purpose
4. Upon final judgement of a competent court divesting the party concerned of parental
authority; or
5. Upon judicial declaration of absence or incapacity of the person exercising parental
authority ( Art. 229, FC)

The court in action filed for the purpose in a related case may also suspend
parental authority if the parent or the person exercising is the same:
1. Treats the child with excessive harshness or cruelty;
2. Gives the child corrupting orders, counsel or example;
3. Compels the child to beg; or
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4. Subjects the child or allows him to be subjected to acts of lasciviousness (Art. 231 FC)
In no case shall the school administrator, teacher of individual engaged in child care exercising special
parental authority inflict corporal punishment ipon the child. (Desiderio, 2006)
 EMANCIPATION AND AGE
OF MAJORITY
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 EMANCIPATION

IS THE RELEASE OF A PERSON

FROM PARENTAL AUTHORITY
WHEREBY HE BECOMES
CAPACITATED FOR CIVIL LIFE.
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 WHEN DOES EMANCIPATION
TAKES PLACE? WHEN DOES
MAJORITY
Ans. Emancipation takes place:
1. By the attainment of majority;
COMMENCE ABD
2. By the marriage of the minor; WHAT IS THE
3. By the recording in the Civil EFFECT THEREOF?
Register of an agreement in a public
instrument executed by the parent ● Ans. UNLESS
exercising parental authority and the OTHERWISE PROVIDED,
minor at least eighteen (18) years of MAJORITY COMMENCE
age;
4. By the recording in the Civil Register AT THE AGE OF 18
of an agreement in a public YEARS (ART. 234, FC). As
instrument executed by the parent amended by R.A No. 6809).
exercising parental authority and the
minor at least eighteen (18) years of
age but the agreement must be
approved by the court before it is
recorded (Arts. 234, FC).
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 Care and Education of Children

Every child:
• Is entitled to parental care;
• Shall receive at least elementary education;
• Shall be given moral and civic training by the parents or guardian
• Has right to live in an atmosphere conductive to his physical, moral and intellectual
development

Every child shall:

 Obey and honor his parents or guardian;
 Respect his grandparents, old relatives, and persons holding substitute
parental authority;
 Exert his utmost for his education and training;
 Cooperate with the family in all matters that make for the good of the
same.
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 The council for the protection of children shall REGULATION OF CHILD AND
look after the welfare of children in the
YOUTH WELFARE SERVICES
municipality. It shall, among other functions:

1. Foster the education of every child in the 1. A child-caring institution

municipality; 2. A detention Home
2. Encourage the cultivation of the duties of 3. A shelter-care institution
parents; 4. Receiving home
3. Protect and assist abandoned or 5. A nursery
mistreated children, and orphans; 6. A maternity home
4. Take steps to prevent juvenile 7. A rehabilitation center
delinquency; 8. A reception and study center
5. Adopt measures for the health of 9. A child-placing agency
children;
6. Promote the opening and maintenance of
playgrounds
7. Coordinate the activities of organizations
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devoted to the welfare of children, and

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

An Abandoned Child
A child who has no proper parental care or guardianship, or least six continuous months.

A Neglected Child
A Neglected Child deliberately unattended or inadequately attended. Neglect may:

Physical Neglect- There is physical neglect when the child is occur in

two ways: malnourished, ill clad and without proper shelter. A child is
unattended when left by himself without provisions for his needs and/or
without proper supervision.

Emotional Neglect- It exists 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, when children are in moral danger, or
exposed to gambling, prostitution and other vices.
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  Commitment or Surrender of a Child It is the legal act of entrusting a child to the care of the
Department of Social Welfare or any duly licensed child placement agency or individual. It could be
done in the following manner:

o Involuntary Commitment - In case of a dependent child, or through the termination of parental or guardianship
rights by reason of abandonment, substantial and continuous or repeated neglect and/or parental incompetence
to discharge parental responsibilities, and in the manner, form and procedure hereinafter prescribed.

o Voluntary Commitment - Through the relinquishment of parental or guardianship rights in the manner and form
hereinafter prescribed (Desiderio, 2006).

• 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).

• Emotionally Disturbed Children

-Emotionally disturbed children are those who, although not afflicted with insanity or mental defect, are unable to
maintain normal social relations with others and the community in general due to emotional problems or complexes
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(Art. 171, PD 603).

 • Mentally lll Children
Mentally ill children are those with any behavioral disorder, whether functional or organic, which is of such
a degree of severity as to require professional help or hospitalization (Art. 172, PD 603).

• Admission of Disabled Children

The Department of Social Welfare, upon the application of the parents or guardians and the
recommendation of any reputable diagnostic center or clinic, shall refer and/or admit disabled children to
any public or private institution providing the proper care, training and rehabilitation (Art. 173, PD 603).
Disabled children as used in this Chapter shall include mentally retarded, physically handicapped,
emotionally disturbed, and severe mentally ill children.

• Training and Opportunities for Disabled Children

Specialized educational services shall be expanded and improved to provide appropriate opportunities for
disabled children. Vocational rehabilitation and manpower conservation agencies shall train disabled
children for specialized types of jobs, services and business which could be learned only by them and shall
help provide opportunities for their future occupational placement: That the agencies and organizations
engaged in programs and services for the disabled need not be limited to minors. Persons of legal age may
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be admitted whenever facilities are available for them (Art. 174, PD 603).
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 “An Act Establishing a
Comprehensive Juvenile Justice
A GLIMPSE ON and Welfare System, Creating
the Juvenile Justice Welfare
REPUBLIC ACT Council under the Department
of Justice, Appropriating Funds
NO. 9344 Therefore and for other
Purposes”.
This Act shall be known as the
“Juvenile Justice and Welfare Act
of 2006.” It shall cover the
different stages involving children
at risk and children in conflict
with the law from prevention to
rehabilitation and reintegration.
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 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 international standards of child protection,
especially those to which the Philippines is a party. Proceedings before any
authority shall be conducted in the best interest of the child and in a manner
which allows the child to participate and to express himself/herself freely.
The participation of children in the program and policy formulation and
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implementation related to juvenile justice and welfare shall be ensured by the

concerned government agency.
 (c) The State likewise recognizes the right of children to assistance, including proper
care and nutrition, and special protection from all forms of neglect, abuse, cruelty and
exploitation, and other conditions prejudicial to their development.
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child,
the State recognizes the right of every child alleged as, accused of, adjudged, or
recognized as having infringed the penal law to be treated in a manner consistent with
the promotion of the child's sense of dignity and worth, taking into account the child's
age and desirability of promoting his/her reintegration. Whenever appropriate and
desirable, the State shall adopt measures for dealing with such children without resorting
to judicial proceedings, providing that human rights and legal safeguards are fully
respected. It shall ensure that children are dealt with in a manner appropriate to their
well-being by providing for, among others, a variety of disposition measures such as
care, guidance and supervision orders, counseling, probation, foster care, education and
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vocational training programs and other alternatives to institutional care.

 (e) The administration of the juvenile justice and welfare
system shall take into consideration the cultural and
religious perspectives of the Filipino people, particularly
the indigenous peoples and the Muslims, consistent with
the protection of the rights of children belonging to these
communities.
(f) The State shall apply the principles of restorative
justice in all its laws, policies, and programs applicable
to children in conflict with the law.
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 DUTIES AND FUNCTIONS OF
JJWC ( JUVENILE JUSTICE
WELFARE COUNCIL)
The JJWC shall have the following duties and
functions:
- To oversee the implementation of this act.
- To advise the president on all matters and
policies relating to juvenile justice and welfare.
- To assist no concerned agencies in the review
and redrafting and existing policies or regulation
or in the formulation of new ones in line with the
provisions of this act.
- To periodically develop a comprehensive 3 to 5
year national juvenile intervention program, with
the participation of government agencies
concerned NGOs and youth organizations.
- To coordinate the implementation of the juvenile
intervention programs and activities by national
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government agencies and other activities that
may have an important bearing on the success of
the entire national juvenile intervention program.
- To 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.
- To collect relevant information and conduct continuing
the research and support regulations and studies on all
matters relating to juvenile justice and welfare.
- Through duly designated persons and with the
assistance of the agencies provided in the preceding
section, to conduct regular inspections in detention and
check compliance with standard provided herein and to
make the necessary recommendation to agencies.
- To initiate and coordinate the conduct of trainings for
the personnel of the agencies involved in the
administration of the juvenile justice and welfare and
the juvenile intervention program.
- To submit an annual report to the President on the
implementation of this act and also to perform such
other functions as may be necessary to implement the
provisions of this act (Sec. 9, 9344)
 MINIMUM AGE OF CRIMINAL RESPONSIBILITY

● A child fifteen (15) ● A child above fifteen ● When asked about the ● Then the Philippines
years of age or under raising of the age of Action for Youth
(15) years but below
at the time of the criminal Offender (PAYO)
eighteen (18) years of
commission of the responsibility from Conducted a study
age shall likewise be
offense shall be nine to fifteen years about “Arrested
exempt from criminal
exempt from criminal old they say that in Development: The
liability and be
liability. However, the this age is where the level of discernment
subjected to an
child shall be child is in of out-of-school
intervention program.
subjected to an adolescence stage. children and youth”
intervention program The circumstances as well as “Beyond
pursuant to Section 20 expose them to risky Innocence: a Study on
of this Act (SEC. 6.) and delinquent the age of
discernment of
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behavior.
Filipino children”.
●
 WHAT IS INTERVENTION?

Intervention refers to a series of activities designed to

address issues that caused the child to commit an offense.
It Is an individual treatment program which includes
counseling, skills training, education, and other kinds of
activities that will enhance psychological, emotional, and
psycho social well-being of a person.

The intervention includes the case management process to

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include assessment, planning, implementation, monitoring

and evaluation.
 This is the list wherein the victims or
parties aggrieved by children in
conflict with the law see justice:
These are the laws that protect the
rights of victims which include,
among other are the following:
- Republic Act 7610 – Special Protection
of Children against Abuse, Exploitation and
Discrimination Act;
- Republic Act 9208 - Anti-Trafficking in
Persons Act of 2003
- Republic Act 9262 – Anti-Violence
against Women and Their Children Act of 2004
- Republic Act 9231 – An act providing for
the elimination ot the worst forms of child labor and
affording stronger protection for the working squad,
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- Republic Act 7658 – An act
prohibiting the employment of
children below 15 years of age in
public and private undertakings,
amending for this purpose section
12, article 8 of R.A. 7610, and
- Executive Order No. 275 creating a
special oversight committee for the
special protection of children from
all forms of neglect, abuse, cruelty,
exploitation, discrimination and
other conditions prejudicial to their

amending for this purpose R.A. 7610, as amended

development.
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 - refers to an alternative process
in determining the

DIVERSION responsibility and treatment of

children in conflict with the
law without resorting to
formal court proceedings. Its
mechanisms include
conferencing, mediation and
counseling. This is however,
done in order to prevent the
imprisonment of juvenile
delinquent.
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 - In formulating a diversion
FORMULATION OF THE program, the individual
characteristics and the peculiar

DIVERSION PROGRAM circumstances of the child in

conflict with the law shall be
used to formulate an
individualized treatment.
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Photo by Alex Iby on Unsplash

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Photo by Alex Iby on Unsplash

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 - Objective of rehabilitation and
Rehabilitation and Reintegration
Objective of Rehabilitation and
Reintegration
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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.
 - In all rehabilitation or
training facilities, it shall be
Separate Facilities from Adults mandatory that children
shall be separated from
adults unless they are
members of the same
family.
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 - A CICL may, after conviction
Confinement of Convicted Children
in Agricultural Camps and Others
Training
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and upon order of the court, be
made to serve his/her
sentence, in lieu of
confinement in a regular
prison, in an agricultural camp
and other training facilities
that is established, maintained,
supervised and controlled by
the BUCOR, in coordination
with the DSWD.
 - CICL whose sentences are
suspended may, upon order of
Rehabilitation of Children in Conflict the undergo any or
combination of disposition
with the law measures best suited to the
rehabilitation and welfare of
the Child as provided in the
Supreme Court Rule on
Juveniles in Conflict with the
law.
-
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 - Rehabilitation services under
the guidance of a trained staff
Youth Rehabilitation Center where residents are cared for
The Youth Rehabilitation
Center shall provide 24-hour
group care, treatment and
under a structured therapeutic
environment with the end
view of reintegrating them in
their families and communities
as socially functioning
individuals.
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Photo by Alex Iby on Unsplash

 After-Care Support Services for Children in Conflict with the Law
- Children in Conflict with the law whose cases have
been dismissed by the proper court because of good
behavior as per recommendation of the DSWD social
worker and any accredited NGO youth rehabilitation
center shall be provided after-care services by the local
social welfare and development officer for a period of
at least six (6) months.
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 Prohibited Acts Against Children
1. Prohibition against labeling and shaming
2. Other prohibited acts, the following and any other similar
acts 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.
3. Would not the new law embolden children to commit
more crimes?
- RA. 9344 requires the provision of preventive and
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developmental programs of a local juvenile intervention

program in every local government unit.
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 Child abuse is any
mistreatment or neglect of a
WHAT IS CHILD ABUSE? child that results in non-
accidental harm or injury and
which cannot be reasonably
explained. Child abuse can
include: physical abuse,
emotional abuse, sexual
abuse and neglect.
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 TYPES OF
KINDS OF CHILD
EMOTIONAL ABUSE CHILD NEGLECT
ABUSE
A. Rejecting 1. Physical neglect
1. Physical abuse
B. Ignoring 2. Educational
2. Sexual abuse
C. Terrorizing Neglect
3. Emotional abuse
D. Isolating 3. Emotional Neglect
4. Child neglect
E. Corrupting 4. Medical Neglect
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 WHAT IS SHAKEN BABY
SYNDROME? WHAT IS FETAL
ALCOHOL
- When a baby is vigorously shaken, SYNDROME?
the head moves back and forth.
This sudden whiplash motion can
- Fetal alcohol syndrome is a
cause bleeding inside the head and
condition in a child that
increased pressure on the brain,
results from alcohol exposure
causing the brain to pull apart and
during the mother's pregnancy
resulting in injury to the baby.
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 JUVENILE
A child or a young person who under the legal system may be dealt
with for an offense in a manner different from that of an adult.

AGE OF MAJORITY
Majority commences at the age of eighteen (18) years.

EMANCIPATION
Freedom from parental authority both over his person and property.
RA 6809

RA 6809
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-Approved on 13th december 1989

-The law amending the age of majority.
 DELINQUENT
One who has committed an offense that violated the approve norms of
conduct and is guilty of an misdeed.

STATUS OFFENSE

Certain acts or omissions which may not be punishable socially or

legally if committed by adults but become antisocial or illegal
because the offender is a minor, such as:
A. Truancy, or frequent, unreasonable absenteeism from school
B. Use of profane language
C. Running away from home
D. Smoking and drinking alcoholic beverages
E. Disobedience to parents, guardians or school officials
F. Mendicancy or begging in the streets
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G. Association with delinquent gangs

 THREE TYPES OF DELINQUENCY
1. ENVIRONMENTAL DELINQUENT
-characterized by occasional law-breakings
2. EMOTIONALLY MALADJUSTED
DELINQUENTS
- characterized by chronic law breaking, a
habit which this type cannot a bald or skip
from
3. PSYCHIATRIC DELINQUENTS
- characterized by serious emotional
disturbances within the individual and in
some cases associated with tendencies
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towards mental illness

 TYPES OF DELINQUENT YOUTH

1. SOCIAL
- an aggressive youth who restaurant authority of anyone who
makes an effort to control his behavior

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

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

4. ACCIDENTAL
- one who is essentially sociable and law-abiding but happens to be at
the wrong time and place and becomes involved in delinquent acts
not typically of his general behavior
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 DIFFERENT THEORIES CONCERNING
DELINQUENCY
CHOICE THEORY

- based on the classical school of

criminology that views an individual as
having free will in choosing his action
and that he calculates what he will gain
or lose if he commits an act

BIOSOCIAL OR TRAIT THEORY

- based on the view that both thought and
behavior have biological and social bases
- biochemical neurological and genetics
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1. BIOCHEMICAL
- views . Crime and delinquency specially violence
are the result of diet vitamin intake hormonal
imbalance and other biological causes
2. NEUROLOGICAL
- explains that crime and delinquency occur
because the individual suffers from brain
impairment or abnormality in the structure of the
brain
3. GENETIC
- explain that delinquent traits and predisposition
to criminality are inherited from parents
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PSYCHOLOGICAL THEORIES
- use delinquency as a result of emotional and mental
disturbance of the individual
- has three sub theories psychodynamic, behavioral and
cognitive
1. PSYCHODYNAMIC THEORY
- personality structure form in early life and which thereafter
control human behavior choices
2. BEHAVIORAL THEORY
- believes that individuals learn by observing how people to
their behavior
3. COGNITIVE THEORY
- views that delinquency is a result of the faulty perception
and analysis of data of an individual
- delinquency prone adolescents may have cognitive deficits
and use information incorrectly when they make decisions
 SOCIOLOGICAL THEORIES
- views delinquency as a product of the different social
factors and dynamics
- has four groups of theories which in-turn contains
several sub theories social structure theories, social
process theories, social reaction theories and social
conflict theories
CONTRIBUTORY FACTORS IN
1. SOCIAL STRUCTURE THEORIES JUVENILE DELINQUENCY
-hold that delinquency is a function of a person place in - the first and most basic institution of
the economic structure society responsible for developing a child
potential in all its aspects like physical
2. SOCIAL PROCESS THEORIES
emotional spiritual moral intellectual and
- view delinquency as a result of poor and faulty social
socialization or upbringing
3. SOCIAL REACTION THEORY
- view delinquent acts and criminality as product of
stigma and labeling
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4. SOCIAL CONFLICT THEORIES

-holds that delinquent behavior is a product of economic
inequality
 E. Lack of love
F. Unfair treatment
G. Too harsh discipline by
either or both parent
H. Too much leniency by
either or both parents
I. Unfavorable current
example
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 - the culture norms and behavior of the child's
surroundings may very well influence the
upbringing of the child especially during their
formative years and such misbehavior learn is
likely to be carried on until the child's maturity
Some off the behavior modification by means of
imitation as brought about by environmental
influence:
A. Rampant drug addiction
B. Vices such as gambling and drinking alcoholic
beverages
C. Association with criminal groups or gangs
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D. Too much exposure to sex and violence in

movies television print and internet
 D. Lack of facilities for curricular
and extracurricular activity

E. Failure of teachers in character

development of the student

F. Failure to actually finish

school, resulting to being out of
school youth with a lot of time

G. Failure to get gainful

employment due to lack of
sufficient education
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 Child
Prostitution
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 -is prostitution involving a child, and it is a form of commercial sexual
exploitation of children. The term normally refers to prostitution of a minor,
or a person under the legal age of consent. In most jurisdictions, child
prostitution is illegal as part of the general prohibition on prostitution.
Child prostitution usually manifests in the form of sex trafficking, in which a
The child is kidnapped or duped into becoming involved in the sex trade, or
"survival sex", in which the child engages in sexual activities to
procure
basic essentials such as food and shelter. Prostitution of children is
commonly associated with child pornography, and they often overlap.
Some people travel to foreign countries to engage in child sex tourism.
Research suggests that there may be as many as 10 million children
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involved in prostitution worldwide.

 Mail Order Brides
A mail-order bride is a woman
who lists herself in catalogs and is
selected by a man for marriage. In
the twentieth century, the trend
was primarily towards women
living in developing countries
seeking men in more developed
nations
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Parenting in Family
Families, parents and guardians are
primarily responsible for the protection and
daily care of their children. Coherent social
protection polices to bolster families and to
mitigate against risks that compromise
parenting are essential for the protection of
child rights. Parents are among the most
important people in the lives of young
children. Parents include mothers and
fathers, as well as other caregivers who act
as parents. From birth, children rely on
parents to provide them with the care they
need to be happy and healthy, and to grow
and develop well.
 Parenting Skills
The child-parent relationship has a major influence on most aspects of child development.
When optimal, parenting skills and behaviours have a positive impact on children’s self-
esteem, school achievement, cognitive development and behaviour.

Parental Supervision
- is a parenting technique that involves looking after, or monitoring a child’s activities.
Young children are generally incapable of looking after themselves, and incompetent in
making informed decisions for their own well-being.

Parenting Styles
Your parenting style can influence everything from how much your child weighs to how
she/he feels about herself/himself consequently, it’s important to make sure that the type of
parenting style you use is supporting healthy growth and development. It is Important like
authoritarian parents, those with an authoritative parenting style establish rules and
guidelines that their children are expected to follow. The combination of expectation and
support helps children of authoritative parents develop skills such as independence, self-
control, and self-regulation.
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 Authoritative Parents
Authoritative. In this parenting style, the parents are nurturing,
responsive, and supportive, yet set firm limits for their children.
They attempt to control children’s behavior by explaining rules,
discussing, and reasoning. They listen to a child’s viewpoint but
don’t always accept it.
Parental Attachment
Authoritarian Parents Attachment parenting is based on the idea that
Authoritarian parenting is an extremely kstrict parenting style. babies learn to trust and thrive when their needs are
It places high expectations on children with little responsiveness. consistently met by a caregiver early in life. Children
As an authoritarian parent, you focus more on obedience, who never experience this secure attachment early in
discipline, control rather than nurturing your child. life, according to proponents, don’t learn to form
healthy attachments later in life.
Indulgent Parents Juvenile delinquency is the participation by a minor
Permissive or Indulgent parents mostly let their children do child, usually between the ages of 10 and 17, in illegal
what they want, and offer limited guidance or direction. They behavior or activities. Juvenile delinquency is also
are more like friends than parents. Their discipline style is the known as “juvenile offending,” and each state has a
opposite of strict. They have limited or no rules and mostly let separate legal system in place to deal with juveniles
children figure problems out on their own who break the law.
Indifferent Parents
Indifferent parents are described as neither demanding nor
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responsive to the child. They engage in fewer positive

interactions with children, less overall interaction, and more
insensitive interactions
 Kinds of Delinquency
Prevention
In general, the Office of Juvenile Justice and
Delinquency Prevention recommends that the
following types of school and community
prevention programs be employed:
• Education
• Recreation
• Community Involvement
• Prenatal and Infancy Home Visitation by
Nurses
• Parental – Child Interaction Training
Program
• Active Religious Participation
• Kill Substance Abuse
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• Scare tactic
• Comprehensive community interventions
 HISTORY OF
JUVENILE JUSTICE
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 The modern practice of legally separating adult and juvenile offenders can be traced back to
two developments in English custom and law that occurred centuries ago the development of
POOR LAWS and the creation of the English CHANCERY COURTS. Both were designed to
allow the state to take control of the lives of needy but not necessarily criminal children. This
system was brought to the United States where it was developed further until later it became
the basis of the juvenile justice system in the Philippines.

ENGLISH SYSTEM

POOR LAWS
- in 1535, statutes which mandated the appointed of overseers who placed destitute or
neglected children with families who then trained them in agricultural, trade or domestic
services; this practice is called indenture in
- 1601, a system was created Wherein church workers with the consent of justice of the
peace identified vagrant, delinquent and neglected children and took measures to put them
to work these children were placed in workhouses until their adulthood.
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 - the culture norms and behavior of the child's
surroundings may very well influence the
upbringing of the child especially during their
formative years and such misbehavior learn is
likely to be carried on until the child's maturity
Some off the behavior modification by means of
imitation as brought about by environmental
influence:
A. Rampant drug addiction
B. Vices such as gambling and drinking alcoholic
beverages
C. Association with criminal groups or gangs
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D. Too much exposure to sex and violence in

movies television print and internet
 AMERICAN SYSTEM
- the practice of indenture and chancery courts in England were adopted by the states
or Virginia, Connecticut and Massachusetts, however, those youths who committed
serious criminal offenses continued to be tried in the same courts as adults

- middle-class civic leaders, who referred to themselves as CHILD SAVERS began to develop organizations and groups
to help alleviate the burdens of the poor and immigrants by sponsoring shelter care for youths, educational and social
activities and the development of settlement houses; this was called the CHILD SAVING MOVEMENT
- they are responsible for creating a number of programs for indigent youths, including the New York House of Refuge,
a reformatory, which began operations in 1825
- the House of Refuge was created to protect indigent youths who were at risk to crime by taking them off the streets
and reforming them in a family-like environment
- the first comprehensive juvenile court was established in Illinois in 1899 through the passage of the Illinois Juvenile
Court Act of 1899 which set up an independent court to handle criminal law violations by children under sixteen (16)
years of age, as well as to care for neglected, dependent, and wayward youths
- the purpose of the act was to separate juveniles from adult offenders and provide a legal framework in which
juveniles could get adequate care and custody
- Congress passed the Juvenile Justice and Delinquency Prevention Act of 1974 to identify the needs of youths and to
fund programs in the juvenile justice system
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- its main goal was to separate wayward, non-dangerous youths from institutions housing delinquents and to remove
adolescents from institutions housing adult offenders

JUVENILE COURT
a court that has original jurisdiction over persons
defined by statute as juveniles and alleged to be
delinquents or status offenders
DEVELOPMENT OF JUVENILE JUSTICE IN THE
PHILIPPINES
1) PD 603 - Child and Youth Welfare Code
2) Ra 7610-Anti-Child Abuse Law
3) RA 6809 - law amending the age of majority
4) RA 8552 AND RA 8043 - laws on adoption
5) RA 9208 - Anti-Trafficking in Persons Act
6) RA 9231 - law amending RA 7610 on working
children
7) RA 9255 - law on the use of father's surname of
illegitimate children
8) RA 9262 - Anti-Violence Against Women and their
Children
9) RA 9523 - law amending the laws on adoption
10) RA 9344 - Juvenile Justice and Welfare Act
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11) RA 9775 - Anti-Child Pornography Act
IMPORTANT PROVISIONS OF PD 603
PD 603 - THE CHILD AND YOUTH WELFARE CODE
- approved on 10 December 1974
- effectivity date is 10 June 1975 (six months after approval)
- shall apply to persons under eighteen (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 exercise of which has no distinction between a
legitimate and an illegitimate child
- the father and the mother shall exercise jointly
just and reasonable parental
authority and responsibility over their legitimate or
adopted children
- in case of death of either parent, the surviving
parent shall exercise sole parental authority
- in case of disagreement, the father's decision shall
prevail unless there is a judicial order to the
contrary
 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
chiarguardian duly appointed by the court
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 COMMENCEMENT OF CIVIL KINDS OF ABORTION
PERSONALITY 1) CRIMINAL ABORTION
- the CIVIL PERSONALITY of the child shall commence
- classified as intentional or unintentional as
from the MOMENT OF provided by the Revised Penal Code
CONCEPTION - punishable by law
- the start of life 2) THERAPEUTIC ABORTION
- the union of the sperm cell and the egg cell - recommended and performed by a certified
- also called the process of fertilization physician when there are health risks and
complications
- not punishable by law
CIVIL PERSONALITY
- pertains to the identity and recognition of an
individual as person having rights IMPORTANT PROVISIONS OF PD 603
- shall commence from the moment of conception,
PD 603 - THE CHILD AND YOUTH WELFARE
thus all children shall have the right to be born and
the right to live CODE
ABORTION - approved on 10 December 1974
- the expulsion of the fetus from the mother's womb - effectivity date is 10 June 1975 (six months
after approval)
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- shall apply to persons under eighteen (18)

years of age
 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 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 health or placed in moral and
physical danger
4) MENTALLY-RETARDED
- socially incompetent, socially inadequate,
occupationally incompetent and unable to manage
their own affairs
- mentally Sub-normal
- retarded intellectually from birth or early age
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- retarded at maturity
- mentally deficient as a result ot constitutional
origin through heredity or disease
- essentially incurable
5) PHYSICALLY-HANDICAPPED
- crippled, deaf-mute, blind and other
conditions which restrict their means of
action or communication with others
6) EMOTIONALLY-DISTURBED
those who, although not afflicted with
insanity or mental defect, are unable to
maintain normal social relations with
others and the community in general due
to emotional problems or complexes
- may be Caused by traumatic
experiences
7) MENTALLY-ILL
- those with any behavioral disorder,
whether functional or organic, which is
of such a
degree of severity as to require
professional help or hospitalization
 FILIATION
- the acknowledgment of the father of his
relationship with the child
- also called paternity
BIOLOGICAL CHILD
- natural-born Child or the parents
ADOPTED CHILD
- a child who underwent the judicial process of
adoption
FOUNDLING
- refers to a deserted or abandoned infant or child
whose parents, guardian or relatives are unknown
RA8552 - DOMESTIC ADOPTION ACT OF 1998
- approved on 25 February 1998
ADOPTER
- the person adopting or petitioning for the adoption
of a child
ADOPTEE
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- the child or person being petitioned for adoption

 CHILD LEGALLY
AVAILABLE FOR
ADOPTION
- a child who has been voluntarily or
involuntarily committed to the
DSWD or to a duly licensed and
accredited child-caring agency, freed
of the parental authority of his or
her biological parents or guardians
or adopter, in case of rescission.
- refers to a child in whose favor a
certification was issued by the
DSWD that he or she is legally
available for adoption after the fact
of abandonment or neglect has been
proven through the submission of
pertinent documents, or one who
was voluntarily committed by his or
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her parents or legal guardian (RA
9523)
VOLUNTARILY-COMMITTED CHILD
- one whose parents or legal guardian knowingly
and willingfully relinquished parental authority to
the DSWD or any duly accredited child-placement
or child caring agency or institution
CHILD-CARING AGENCY OR INSTITUTION
- refers to a private non-protit or government
agency duly accredited by the DSWD that provides
twenty-four (24) hour residential care services for
abandoned, neglected, or voluntarily committed
children (RA 9523)
CHILD-PLACING AGENCY OR INSTITUTION
- refers to a private non-profit institution or
government agency duly accredited by the DSWD that
receives and processes applicants to become foster or
adoptive parents and facilitate placement of children
eligible for foster care or adoption.
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 WHO MAY ADOPTED:

1) any person below eighteen (18) years of age

judicially declared available for adoption.
2) the legitimate son or daughter of one spouse
by the other spouse.
3) an illegitimate son or daughter by a qualified
adopter to improv his or her status to that of
legitimacy. e
4) a person of legal age if prior to the adoption,
said person has been consistently considered
and treated by the adopter as his or her own
child since minority.
5) a child whose adoption has been previously
rescinded.
6) a child whose biological or adoptive parents
has died, but proceedings may only be initiated
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after six (6) months from the time of the death

of the parents.
 SUPERVISED TRIAL CUSTODY GROUNDS FOR RESCISSION OF ADOPTION

-a period of time within which a social

worker oversees the adjustment and 1.) repeated physical and verbal maltreatment by the
emotional readiness of both adopter and adopter despite having undergone counseling
adoptee in stabilizing their filial
relationship 2) attempt on the life of the adoptee

- the period is at least six (6) months 3) sexual assault or violence

RESCISSION OF ADOPTION
4) abandonment and failure to comply with parental
- the nullification of the adoption
obligations
- adoption shall not be subject to
rescission by the adopter
RA 8043-INTER-COUNTRY ADOPTION ACT OF 1995
- approved on 7 June 1995 INTER-COUNTRY ADOPTION

- the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen

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permanently residing abroad where the petition is filed, the supervised trial custody is
undertaken and the decree of adoption is issued outside the Philippines
 INTER-COUNTRY
ADOPTION BOARD
WHO MAY ADOPTED:
- acts as the central authority in matters
relating to inter-country adoption 1) any alien or a Filipino citizen permanently
residing abroad
- shall act as the policy-making body for
purposes of carrying out the provisions 2) at least twenty-seven (27) years of age
of RA 8043, in consultation and
coordination with the DSWD 3) at least sixteen (16) years older than the
adoptee unless the adopter is the parent by
nature of the adoptee or the spouse of such
parent

4) coming from a country with whom the

Philippines has diplomatic relations

5) possesses all the qualifications provided

in other applicable Philippine laws
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 WHERE TO FILE APPLICATION
- shall be filed either with:
a) the Philippine Regional Trial Court, or
b) the Inter-Country Adoption Board, through an
intermediate agency in the country of the
prospective adoptive parents
IMPORTANT PROVISIONS OF RA 9523
RA 9523 the law giving DSWD the sole authority to issue
the certification
declaring a child legally available for adoption
- amended provisions of RA 8552 and RA 8043

- approved on 12 March 2009

SUPERVISED TRIAL CUSTODY

- shall be at least six (6) months

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 IMPORTANT PROVISIONS OF RA 7610

RA 7610 - SPECIAL PROTECTION OF CHILDREN AGAINST CHILD

ABUSE, EXPLOITATION AND DISCRIMINATION ACT

- Approved on 17 June 1992

-This law is also commonly referred to as the Anti-Child Abuse
Act

RA 7658- amendatory law to RA 7610

Approved on 9 November 1993
-This law amended the provisions of RA 7610 regarding working
children
-This law was further amended by RA 9231

CHILD ABUSE
refers to maltreatment, whether habitual or not, of the child
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 FORMS OF CHILD ABUSE

1) CRUELTY
refers to any word or deed which debases, degrades or demeans the
intrinsic worth and dignity of the child as human being

2) PHYSICAL INJURY
includes but is not limited to lacerations, fractured bones, burns,
internal injuries, severe injuries, or serious bodily harm suffered by a
child

3) PSYCHOLOGICAL INJURY
- means harm to a child' psychological or intellectual functioning
which may be exhibited by severe anxiety, depression, withdrawal or
outward aggressive behavior
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 WHO ARE CRIMINALLY LIABLE
FOR CHILD PROSTITUTION:
1) those who engage in or promote,
facilitate or induce child prostitution,
such as:
a) those acting as procurer of a child
prostitute.
b) parents, guardians, or relatives
who knowingly allow or coerce their
children or ward into prostitution
2) those who commit the act of sexual
intercourse or lascivious conduct with
a child exploited in child prostitution,
such as:
a) clients of child prostitutes
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3) those who derive profit or advantage
there from, such as:
a) managers or owners of the
establishment where the prostitution takes
place
OBSCENE PUBLICATIONS AND
INDECENT SHOWS
the use, hiring, employment and coercing of
children as performers, actors or models for
obscene exhibitions and indecent shows,
whether live or in video, or in printed
pornographic materials
 4) NEGLECT

means failure to provide, for reasons other than poverty, the basic needs of
the child, such as food, clothing, medical care, shelter and basic education.

5) SEXUAL ABUSE
includes the employment, use, inducement or coercion of a child to
engage in sexual intercourse or lascivious conduct, the molestation,
prostitution and or incest with children.

CHILD PROSTITUTION

- exploitation of children, whether male or female, by coercing them

into indulging in sexual intercourse or lascivious conduct for money,
profit or any other consideration
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 IMPORTANT PROVISIONS OF
RA 9208

RA 9208 - ANTI-TRAFFICKING
IN PERSONS ACT OF 2003

-approved on 26 May 2003

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 TRAFFICKING IN PERSONS
- the recruitment, transportation,
transfer, harboring or receipt of a
child for the purpose of exploitation
shall also be considered as
"trafficking in person" even if it does
not involve any of the means set
forth in the preceding paragraph
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QUALIFIED TRAFFICKING
IN PERSON
1) When the trafficked person is a
child:
2) When the adoption is effected
through RA 8043 and said adoption
is for the purpose of prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude or debt bondage;
3) When the offender is an
ascendant, parent, sibling, guardian
or a person who exercised over the
trafficked person or when the
offense is committed by a public
officer or employee
 FORCED LABOR AND SLAVERY
refers to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or
deception

SEX TOURISM
refers to a program organized by travel and tourism related
establishments and individuals which consist of tourism packages or
activities, utilizing and offering escort and sexual services as
enticement for tourists

PORNOGRAPHY
refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by
whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a person
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for primarily sexual purposes

 FORMS OF CHILD ABUSE

DEBT BONDAGE
refers to pledging by the debtor of his or her personal services or labor or
those of a person under his or her control as security or payment for a
debt, when the length

IMPORTANT PROVISIONS OF RA 9231

RA 9231 the law prohibiting the worst forms of child labor

-amendatory law to RA 7160 and RA 7658

-amended the provisions of RA 7160 regarding working children

-approved on 19 December 2003

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

1) When a child works directly under sole responsibility of his parents or legal guardian
and where only members of the employer's family are employed

2) Where a child's employment or participation in public entertainment or information

through cinema, theatre, radio or television is essential, with the approval of the
Department of Labor and Employment (DOLE)

-it is the duty of the employer to submit to the DOLE a report of all children employed by
him

-if a domestic is under sixteen (16) years of age, the head of the family shall give him or
her an opportunity to complete at least elementary education, the cost of which shall be a
part of the domestic's compensation
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 WORK PERMIT OF WORKING CHILDREN
- it shall be the duty of the employer to secure permit from the DOLE
of working children by him

EMPLOYMENT CONTRACT OF WORKING CHILDREN

the contract shall be signed by the working child's parent or legal
guardian, with the express agreement of the child

WORKING HOURS

If the child is under 15:

-may work for maximum of four (4) hours a day, twenty (20) hours a week
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THANK
YOU!
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 EDITABLE
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