CRIMINOLOGY 5 In view of the above, juvenile delinquents are youthful
offenders and have been adjudicated as such by the court
JUVENILE DELINQUENCY AND
JUVENILE JUSTICE SYSTEM
Summary by: ARIANNE PATAGNAN SUPAT
(Comprehensive discussion of 2022 Red Notes by Amici Review Center)
Legend:
Font Color- Terms and Definitions by-the-book
Font Color- Taglish Explanation/ Keywords
DEFINITION OF DELINQUENCY
GENERAL
Any action course or conduct that deviate from acts
approved by most people.
Any misconduct or misbehavior = felony or offense.
SOCIOLOGICAL
Acts that do not conform to the accepted rules, norms and
mores of the society.
It is, however, distinct from crime in the sense that the
former may be in the form of violation of law, ordinance or
rule but it is punishable only by a small fine or short-term
imprisonment or both.
LEGAL
Failure to perform an act required by law, or the non-
performance of a duty or obligation that is mandated by
existing law or rule.
(If there is no special term used, then choose General definition.
Sa Sociological kasi, makikita mo ang term na NOT
CONFORMING TO NORMS OF SOCIETY o hindi naaayon sa
nakasanayan ng society. Ang sabi pa, naiiba sya sa crime dahil
ang Delinquency ay punishable lamang ng maliit na multa o
panandaliang pagkakakulong. Sa Legal meaning, take note mo
lang na binanggit ang word na MANDATED BY EXISTING
LAW.)
JUVENILE DELINQUENCY
Youth behavior → against the norms and regulations of
society → may lead to criminality if left unchecked
Describes a large number of disapproved behavior of
children or youth.
Anti-social acts or behavior of children which deviate from
the normal pattern of rules and regulations, custom and
culture which society does not accept.
(Definition of delinquency + words like youth, child/ren, minor
or anything na tumutukoy sa mga bagay na ginawa ng isang
bata na labag sa pamantayan ng society = JD)
JUVENILE
AKA Minor, Young Person, Youth, Tender Years,
Unemancipated
A person below the age of majority, that is, below 18 years
old, or who is unable to fully take care of himself from
abuse, neglect, cruelty, exploitation or discrimination
because of physical or mental disability or conditions.
(Sino mang tao na mababa sa 18 ang edad, kasama na ang
mga taong hindi kayang pangalagaan at protektahan ang
kanilang sarili dahil sa disabilities at iba pang kadahilanan =
JUVENILES)
JUVENILE DELINQUENT
of proper jurisdiction.
The term should only be applied to children who commit
criminal offenses and needs supervision or treatment.
(Children na gumawa ng criminal offenses = JUVENILE
DELINQUENT)
TERMS TO PONDER:
• DELINQUENCY talks about misconduct IN
GENERAL.
• JUVENILE is a PERSON BELOW 18 Y/O (CHILD,
MINOR, YOUTH).
• JUVENILE DELINQUENCY is about ANTI-SOCIAL
CONDUCT OR ACT done by a child.
• JUVENILE DELINQUENT is the CHILD HIMSELF
who committed the anti-social act.
AGE OF MAJORITY
Starts at the age of eighteen (18) years. (pag-tungtong ng
isang tao sa 18 y/o, categorized na sya as under AOM)
EMANCIPATION
It is freedom from parental authority, both over his person
and property. Happens upon reaching the age of eighteen
years. (pag 18 ka na, may kalayaan ka nang gawin ang gusto
mo at magdesisyon para sa iyong sarili)
RA 6809 (Age of majority → noon ay 21 → ngayon ay 18)
STATUS OFFENSES
These are certain acts or omissions which may not be
punishable socially or legally if committed by adults but
become anti-social or illegal because the offender is a
minor, such as:
a) truancy or frequent unreasonable absenteeism from
school;
b) use of profane language;
c) running away from home;
d) smoking and drinking alcoholic beverages;
e) disobedience to parents, guardians or school officials
f) mendicancy or begging in the streets;
g) association with delinquent gangs; or
h) curfew violations.
(adult ang gumawa = no crime
Minor ang gumawa= anti-social/ illegal/ bawal)
ANTI-SOCIAL BEHAVIOR
It is characterized by disobedience to, or disrespect to
authorities.
PARENS PATRIAE (“Father of the Country”)
A doctrine that does not consider delinquent acts as
criminal violation. Thus, making delinquents non-criminal
persons and cannot be found guilty of a crime and
punished like an adult criminal.
It views minor who violates laws as victims of improper
care, custody, and treatment at home.
It is the assumption by the State of the role of guardian
over children whose parents are deemed incapable or
unworthy.
It is the authority of the state to act on behalf of the
children.
(Ayon dito, ang mga kabataan na gumawa ng paglabag sa batas
ay hindi maituturing na kriminal at nararapat na hindi
maparusahan dahil sila ay mga biktima rin. Ang estado rin ang
dapat magsilbing tagapangalaga ng isang batang walang
guardian o magulang.)
FAMILY IMMUNITY DOCTRINE
Legal doctrine preventing unemancipated children from
suing their parents.
(Kapag nasa poder pa ng kaniyang magulang ang bata, bawal
silang kasuhan, except for some criminal cases kung saan sila
ang offender at ang bata ang biktima syempre.)
FAMILY PURPOSE DOCTRINE
Legal doctrine holding parents liable for injuries caused
by a child's negligent driving or other actions.
(Kung sa pagmamaneho ng sasakyan ay naka disgrasya ang
anak, pananagutan ng magulang ang mga damages at mga
kailangang bayaran ng bata.)
FOSTER CARE
Temporary care funded via Federal-State passthrough
and arranged by a child welfare agency in order to allow
receipt of adequate food, clothing, shelter, education, and
medical treatment for anyone raising a child that is not
their own. (Mostly used in the US)
GUARDIAN AD LITEM (“For the Proceeding”)
Refers to adults who look after the welfare of a child and
represent their legal interests.
THREE TYPES OF DELIQUENCY
1) ENVIRONMENTAL DELINQUENTS- Characterized
by occasional law-breaking. (madalang lamang na paglabag
sa batas)
2) EMOTIONALLY MALADJUSTED DELINQUENTS -
Characterized by chronic law-breaking; a habit which this
type cannot avoid or escape from. (hindi maiwasan at paulit-
ulit na paglabag sa batas)
3) PSYCHIATRIC DELINQUENTS- Characterized by
serious emotional disturbances within the individual and
in some cases associated with tendencies towards mental
illness. (may sakit sa pag-iisip)
TYPES OF DELINQUENT YOUTH
1) SOCIAL- An aggressive youth who resents authority of
anyone who tries to control his behavior. (galit sa taong
sinusubukang kontrolin ang kaniyang ugali)
2) NEUROTIC- One who has internalized his conflicts and
is preoccupied with his own feelings. (tandaan ang term na
internalized his conflicts)
3) ASOCIAL- One whose delinquent acts have a cold,
brutal and vicious quality for which the youth feel no
remorse. (hindi nakakaramdam ng pagsisisi o konsensya)
4) ACCIDENTAL- One who is essentially sociable and
law-abiding but happens to be at the wrong time and
place and becomes involved in delinquent acts not typical
of his general behavior. (nagkataon lang o hindi sinasadyang
nakagawa ng offense)
DIFFERENT APPROACHES IN THE STUDY OF
DELINQUENCY
1) BIOGENIC APPROACH- It gives an explanation that
law violations and delinquency are a result of some
physical defects. (physical defects = delinquency)
2) PSYCHOGENIC APPROACH- It argues that the
critical factors in delinquency are personality problems to
which misbehavior is presumed to be the response.
(personality problems = delinquency)
3) SOCIOGENIC APPROACH- It attributes delinquency
pattern to social structures.
It views youthful misdeed as a result of a learning process
through interactions with other members of society.
(problems with society = delinquency)
GENERAL APPROACHES:
1. Subjective approach,
2. Objective approach and
3. Contemporary approach.
SUBJECTIVE APPROACHES (crime caused by
abnormality within the criminal, kaya nga subjective kasi
focused sa subject who is the criminal himself)
It deals mainly on the biological explanation of
crimes, focused on the forms of abnormalities that exist in
the individual criminal before, during and after the
commission of the crime (Tradio, 1999). Included under
this approach are:
1. ANTHROPOLOGICAL APPROACH – the study on the
physical characteristics of an individual offender with non-
offenders in the attempt to discover differences covering
criminal behavior (Hooton). (titignan ang physical
characteristics ni offender vs non-offender kung may kinalaman
ba ito sa criminality ng tao.)
2. MEDICAL APPROACH - the application of medical
examinations on the individual criminal explains the
mental and physical condition of the individual prior and
after the commission of the crime (Positivist). (isasailalim
sa medical exam ang tao bago at matapos gumawa ng krimen
para alamin ang kaniyang kalagayan)
3. BIOLOGICAL APPROACH –the evaluation of genetic
influences to criminal behavior. It is noted that heredity is
one force pushing the criminal to crime (Positivist).
(heredity = criminality)
4. PHYSIOLOGICAL APPROACH – the study on the
nature of human being concerning his physical needs in
order to satisfy his ants. It explains that the deprivation of
the physical body on the basic needs is an important
determiner of the commission if crime (Maslow). (Ang
kakulangan sa pangangailangan ng katawan ng tao ay
maaaring magdulot ng criminality)
5. PSYCHOLOGICAL APPROACH – it is concerned
about the deprivation of the psychological needs of man
which constitute the development of deviations of normal
behavior resulting to unpleasant emotions (Freud,
Maslow). (Ang kakulangan sa pangangailangan ng tao sa
aspeto ng pag-iisip ay maaaring magdulot ng criminality)
6. PSYCHIATRIC APPROACH – the explanation of crime
through diagnosis of mental diseases as a cause of the
criminal behavior (Positivist). (sakit sa pag-iisip = criminality)
7. PSYCHOANALYTICAL APPROACH - the explanation
of crimes based on the Freudian Theory which traces
behavior as the deviation of the repression of the basic
drives (Freud). (pinipigil na ID, ego, superego = criminality)
OBJECTIVE APPROACHES (Compared to Subjective
Approach, this is focused on other people, groups or factors- sila
raw ang dahilan at nakakaimpluwensya sa isang tao at possibly
sa tendency nito to commit crime.)
The objective approaches deal on the study of
groups, social processes and institutions as influences to
behavior. They are primarily derived from social sciences
(Tradio, 1999). Under these are:
1. GEOGRAPHIC APPROACH – this approach
considers topography, natural resources, geographical
location, and climate lead an individual to commit crime
(Quetelet). (Ang lugar, klima, temperatura ay maaaring
magtulak sa isang tao para gumawa ng krimen)
2. ECOLOGICAL APPROACH – it is concerned with the
biotic grouping of men resulting to migration, competition,
social discrimination, division of labor and social conflict
as factors of crime (Park). (ang paggalaw, paglilipat ng
tirahan ng tao ay maaaring maging sanhi ng krimen)
3. ECONOMIC APPROACH – it deals with the
explanation of crime concerning financial security of
inadequacy and other necessities to support life as factors
to criminality (Merton). (when the question talks about money,
financial aspects- choose this as the answer)
4. SOCIO – CULTURAL APPROACH – this focuses on
institutions, economic, financial, education, political, and
religious influences to crime (Cohen). (anything related to
culture or religion being influences to criminality)
CONTEMPORARY APPROACHES (aka Modern
Approach- combination of two or more theories or a newfound
theory)
Modern days put emphasis on scientific modes of
explaining crime and criminal behavior. This approach is
focused on the psychoanalytical, psychiatric and
sociological explanations of crime in an integrated theory.
CAUSES OF BEHAVIORAL DISORDERS
1. PREDISPOSING FACTORS - Internal propensities
which may not be considered as criminal unless the
attempt was made. (mere thoughts and tendencies to commit
a crime)
2. PRECIPITATING FACTORS - Conditions and
elements which provoke crimes such as personal
problems, curiosity, ignorance, necessities, diseases,
traumatic experiences and the like. (things that can highly
encourage criminality)
DIFFERENT THEORIES CONCERNING
DELINQUENCY
CHOICE THEORY- It is based on the classical school of
criminology that views an individual as having free will in
choosing his actions and that he calculates what he will
gain or lose if he commits an act.
It views the delinquent as a motivated offender who
breaks the law because he or she perceives an
abundance of benefits and an absence of threat.
(Ang tao ay may kakayahang alamin ang tama o mali- kung sa
tingin nya ay mas malaki ang benepisyo na makukuha nya sa
paggawa ng krimen at mababa ang chance na sya ay mahuli,
ito ay kaniyang itutuloy.)
BIOSOCIAL OR TRAIT THEORIES (present term for
Biogenic Approach) - These are based on the view that
both thought and behavior have biological and social
bases. (combination of biological and social factors)
- They have three sub-theories: biochemical, neurological
and genetics.
1) BIOCHEMICAL- It views that crime and delinquency
especially violence are the result of diet, vitamin intake,
hormonal imbalance and other biological causes.
(improper nutrition/ bodily imbalances = crime)
2) NEUROLOGICAL- It explains that crime and
delinquency occur because the individual suffers from
brain impairment or abnormality in the structure of the
brains. (abnormality in the brain = crime)
3) GENETIC - It explains that delinquent traits and
predisposition to criminality are inherited from parents.
Criminality of parents can predict delinquency of children.
(criminality of parents = may be inherited by children)
PSYCHOLOGICAL THEORIES - views delinquency as a
result of emotional and mental disturbance of the
individual. (problema sa isip o emosyon = delinquency)
- has three sub-theories: psychodynamic, behavioral and
cognitive
1) PSYCHODYNAMIC THEORY Delinquency is the
result of the imbalance of the three components of
personality: id, ego and superego. (always note the terms
about imbalances of component of personality especially id, ego
and superego)
2) BEHAVIORAL THEORY - It believes that individuals
learn by observing how people react to their behavior.
(learning through observation of other’s behavior)
3) COGNITIVE THEORY- Delinquency-prone
adolescents may have cognitive deficits and use
information incorrectly when they make decisions. (failure
in decision making = delinquency)
SOCIOLOGICAL THEORIES - They view delinquency as
a product of the different social factors and dynamics.
(social factors being cause of delinquency)
Four groups of theories:
1) SOCIAL STRUCTURE THEORIES - They hold that
delinquency is a function of a person’s place in the
economic structure.
2) SOCIAL PROCESS THEORIES - They view
delinquency as a result of poor or faulty socialization or
upbringing
3) SOCIAL REACTION THEORIES - They view
delinquent acts and criminality as products of stigma and
labeling.
4) SOCIAL CONFLICT THEORIES - They hold that
delinquent behavior is a product of economic inequality.
CONTRIBUTORY FACTORS IN JUVENILE
DELINQUENCY
1) FAMILY
- The first and most basic unit of society responsible for
developing a child’s potential in all its aspects like
physical, emotional, spiritual, moral, intellectual and
social. (Meanwhile, a Barangay is the most basic political unit
of society- baka lang po malito kayo)
TYPES OF FAMILY STRUCTURE:
1) NUCLEAR FAMILY (mama + papa + anak)
➢ It consists of father, mother and children.
2) EXTENDED FAMILY (mama + papa + anak + lolo/lola +
tito/tita + pamangkin + biyenan)
➢ It consists of father, mother, children, grandparents,
uncles and aunts, cousins, nephews and nieces, and in-
laws.
3) Conjugal Family (mama + papa only)
➢ It consists of the Husband and Wife (Father and
Mother)
4) BLENDED FAMILY (parehong hiwalay sa unang asawa si
mama o papa → nagsama bilang bago at iisang pamilya may
anak man o wala ang parehong side)
➢ mixing of two families brought by divorce or remarriage.
OTHER FAMILY STRUCTURES:
1. Join Family – Married children within their spouses
and children living in one residence. (horizontal structure)
(family 1 and family 2 → nakatira sa isang bahay)
2. Household – Several people may or may not be
related to one another having the same residence and
share responsibilities. (gaya ng set-up sa apartment o
boarding house)
3. Truncated – The grandparent-grandchildren
relationship. The grandparents substitute the authority of
the parents or act as surrogate parents. (si lolo/lola na nag-
aalaga sa apo sa isang bahay)
4. Stem – It is similar to the extended family. The only
difference is that they do not share common residence.
Their residence is located only in the same place. (family
1 and family 2 → nakatira sa magkaibang bahay sa loob ng
isang compound)
MODEL OF FAMILY:
Ideally, a home must have the following:
a) structural completeness
b) economic security
c) cultural conformity
d) moral conformity
e) physical and psychological normalcy
f) emotional adequacy
g) Religious Homogeneity
Factors in the home life that may cause delinquency:
a) faulty development of the child;
b) lack of parental guidance;
c) parental rejection;
d) broken homes;
e) lack of love;
f) unfair treatment;
g) too harsh discipline by either or both parents;
h) too much leniency by either or both parents; and
i) unfavorable parental example.
Marriage (Wedlock)
A special contract of permanent union between a man
and a woman entered into for purposes of establishing
conjugal and family relation.
Social or legal contract between individuals that creates
kinship. (Kasal → Si lalaki ay nagkakaroon ng kinship kay
Babae → Si lalaki at babae, pag nagka anak, nagkakaroon ng
kinship by blood sa kanilang anak)
Kinship - Human relation whether by blood or by
marriage.
Monogamy - One marriage (One Man and One Woman)
Polygamy - Having more than one marriage (One Man
with more than One Woman or One Woman with more
than One Husband.
• Polygyny – Marriage of one man with
two or more wives.
• Polyandry – Marriage of one woman with
two or more husband.
Kinds of Marriage:
1. Adoptive Marriage – A kind of marriage in which a
family who does not have a son and in order to preserve
their surname requests the prospective son-in-law to
adopt the family name of the bride’s parents before
marriage. (ikakasal si babae at lalaki pero ang apelyido ni
babae ang ipapagamit kay lalaki)
2. Sororate Marriage – This is called sister-in-law
marriage where a man remarries his deceased wife’s
sister. (pinakasalan ni lalaki ang kapatid na babae ng asawa
nyang namatay)
3. Levirate Marriage – A woman who remarries the
brother of her deceased husband. (opposite of sororate,
pinakasalan ni babae ang kapatid na lalaki ng asawa nyang
namatay)
4. Ghost Marriage – It is similar to levirate marriage. The
children become the “sired” by the dead husband. This
means that the second husband or the brother is only a
“surrogate” or who substituted for his brother. (pinakasalan
ni babae ang kapatid na lalaki ng namatay nyang asawa at kung
magka anak sila, kikilalanin pa din na tatay ng mga bata ang
namatay nyang asawa)
5. Endogamy Marriage – A form of marriage practice in
some tribes that an individual should marry from a
member of one’s clan or ethnic group. However, the
parents may direct that marriage may be extended to the
religious group or social class. (magpapakasal lamang sa
kapwa miyembro ng tribo o grupo)
6. Exogamy Marriage – The marriage which prescribes
that one marries outside of one’s clan or ethnic group.
(magpapakasal naman ito sa taga ibang tribo o grupo)
RESIDENCE FOR MARRIAGE
1. Neolocal Residence – The couple will live in a new
house (Own Residence). (sariling bahay ng bagong kasal)
2. Patrilocal Residence – The newlyweds live (moves)
to the husband`s parents (Other name is “Virilocal
Residence”) (kasal → tira sa bahay ng magulang ng lalaki)
3. Matrilocal Residence – The newlyweds live or move
with the wife’s parents’ residence. It is also called
“Uxorilocal Residence” (kasal → tira sa bahay ng magulang
ng babae)
4. Bilocal Residence – When the newlyweds shift or
transfer residence from matrilocal to patrilocal residence
or vice versa. (NPA ang mag-asawa → palipat-lipat sa bahay
ng kanilang mga magulang)
LEGAL FORMS OF MARRIAGES:
1. Valid Marriage – When all the essential and formal
requisites of a marriage are present.
Essential Requirements:
a. Legal capacity of contracting parties who must be a
male and a female (of legal age);
Between 18 to 21 – Parental Consent
Between 21 to 25 – Parental Advise
b. Consent freely given in the presence of the
solemnizing officer.
Formal Requisites:
a. Authority of the solemnizing officer;
b. Marriage license; and
c. Marriage ceremony.
2. Null and Void marriage (Void ab initio) – Lack of any
essential or formal elements.
Action: Petition for Declaration of Nullity of Marriage
(Pagpapasawalang-bisa ng Kasal- as if wala talagang
kasalang naganap)
3. Voidable – When there is a defect in any of the two
essential requisites of a valid marriage.
 Action: Petition for Annulment of Marriage (may
nangyaring valid marriage pero isasawalang-bisa ng korte)
Note: Divorce is not recognized in the Philippines.
Annulment – It dissolves a marriage. It allows parties to
remarry. (kinasal → nagpa-annul → approved ng court →
pwede ulit magpakasal sa iba)
Legal Separation – Separation from bed and board
(marriage remains). (naghiwalay lang pero kasal pa din)
TYPES OF PARENTING STYLE
1. Authoritarians or Disciplinarians - Less warmth and
nurturing, high expectations but low responsiveness and
mistakes are punished harshly and expect blind
obedience. (masyadong mahigpit ang magulang, mataas ang
expectations pero hindi sumusuporta, konting mali lang ay
grabe magparusa)
2. Authoritative - warm and responsive, clear rules, high
expectations, supportive and value independence.
Children tends to have higher academic performance,
more self-esteem, better social skills, less mental illness
and lower delinquency. (mataas ang expectations pero
supportive naman)
3. Permissive or Indulgent - warm and responsive, few
or no rules, indulgent, lenient. Children may be having
impulsive behavior, egocentric, poorer social skills and
problematic relationship. (masyadong maluwag sa mga
anak)
4. Indifferent or Neglectful (Uninvolved) - – cold and
unresponsive, no rules, uninvolved, indifferent. Children
can be impulsive, cannot self-regulate emotions,
encounter more delinquency and addiction problems and
may have more mental issues like suicidal behavior.
(walang pakialam ang magulang sa anak)
2) SCHOOL
- It is considered as the second home of a child and the
teachers are the second parents. An institution
responsible for the training of young person’s intellectual,
moral as well as social skills which they need for them to
grow up as productive, law-abiding and responsible
citizens
Instances of deviant conduct attributed to school
inadequacy:
a) failure of teachers to detect and address
problems of children and report such problems to
the parents;
b) poor academic atmosphere;
c) membership in school gangs or development of
friendships with the wrong crowd;
d) lack of facilities for curricular and extra-curricular
activities;
e) failure of teachers in character development of
the students;
f) failure to actually finish school resulting to being
out-of-school youths with a lot of time to waste and
do unproductive activities; and
g) failure to get gainful employment due to lack of
sufficient education.
3) ENVIRONMENT
The culture, norms and behavior of the child’s
surroundings may very well influence the upbringing of
the child especially during their formative years and such
misbehavior learned is likely to be carried on until the
child’s maturity. Some of the behavior modification by
means of imitation as brought about by environmental
influence:
a) rampant drug addiction;
b) vices such as gambling and drinking alcoholic
beverages;
c) association with criminal groups or gangs; and
d) too much exposure to sex and violence in movies,
television, print and internet.
JUVENILE COURT- It is a court that has original
jurisdiction over persons defined by statute as juveniles
and alleged to be delinquents or status offenders. (korteng
didinig sa mga kaso ng juvenile delinquents)
CHILD IN NEED OF SUPERVISION (CHINS)- A term
applied to status offenders adjudicated in juvenile court.
(hinatulan sa juvenile courts)
BREED v. JONES (1975) - Case allowing second
prosecution in adult court for conviction in juvenile court
based on idea that first conviction was a "civil" matter.
(pwede raw dinggin sa isang adult court ang isang batang
nahatulan na sa juvenile court dahil ang hatol sa juvenile court
ay maituturing lamang na “civil matter” o hindi “criminal”)
CIVIL PROTECTION ORDER - A form of protective
custody in which child welfare or police agencies order an
adult suspected of abuse to leave the home.
(pinagdududahan ang isang tao na inabuso ang bata → papa
alisin sa kanilang tahanan)
DELINQUENCY PROCEEDING - Court action to officially
declare someone a juvenile delinquent. A "delinquent" is
defined as under the age of majority who has been
convicted in juvenile court of something that would be
classified as a crime in adult court. (idedeklara na mismo ng
korte na isang juvenile delinquent ang isang batang nakagawa
ng kasalanan na katumbas ng krimen sa isang adult ourt)
DISPOSITION - Phase of delinquency proceeding similar
to "sentencing" phase of adult trial. The judge must
consider alternative, innovative, and individualized
sentences rather than imposing standard sentences.
(katulad ng paghahatol sa isang adult court)
RESTITUTION - A disposition requiring a defendant to
pay damages to a victim. The law prohibits making
restitution as a condition of receiving probation. Poor
families cannot be deprived of probation simply because
they are too poor to afford restitution. (iniuutos ng korte na
bayaran ang biktima. Hindi ito maaaring gawin kapalit ng
probation na para lang makalaya ka ay pwede ka lang
magbayad, bawal yun!)
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
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 was on 10 June 1975 (six months after
approval)
- Applies to persons under eighteen (18) years of age.
Art. 3. Rights of the Child. – All children shall be entitled
to the rights herein set forth without distinction as to
legitimacy or illegitimacy, sex, social status, religion,
political antecedents, and other factors. (Karapatan ng
Bata/Mga bagay na dapat niyang matamasa)
(1) Every child is endowed with the dignity and worth of a
human being from the moment of his conception, as
generally accepted in medical parlance and has,
therefore, the right to be born well. (civil status of child-
begins upon conception = right to be born)
(2) Every child has the right to a wholesome family life that
will provide him with love, care and understanding,
guidance and counseling, moral and material security.
The dependent or abandoned child shall be provided with
the nearest substitute for a home. (right to belongingness)
(3) Every child has the right to a well-rounded
development of his personality to the end that he may
become a happy, useful, and active member of society.
The gifted child shall be given opportunity and
encouragement to develop his special talents. The
emotionally disturbed or socially maladjusted child shall
be treated with sympathy and understanding and shall be
entitled to treatment and competent care. The physically
or mentally handicapped child shall be given the
treatment, education and care required by his condition.
(right to development of personality)
(4) Every child has the right to a balanced diet, adequate
clothing, sufficient shelter, proper medical attention, and
all the basic physical requirements of a healthy and
vigorous life. (right to basic needs)
(5) Every child has the right to be brought up in an
atmosphere of morality and rectitude for the enrichment
and the strengthening of his character. (right to character
enrichment)
(6) Every child has the right to an education
commensurate with his abilities and to the development
of his skills for the improvement of his capacity for service
to himself and to his fellowmen. (right to education)
(7) Every child has the right to full opportunities for safe
and wholesome recreation and activities, individual as
well as social, for the wholesome use of his leisure hours.
(right to recreation)
(8) Every child has the right to protection against
exploitation, improper influences, hazards, and other
conditions or circumstances prejudicial to his physical,
mental, emotional, social and moral development. (right to
protection against developmental hazards)
(9) Every child has the right to live in a community and a
society that can offer him an environment free from
pernicious influences and conducive to the promotion of
his health and the cultivation of his desirable traits and
attributes. (right to safe environment)
(10) Every child has the right to the care, assistance, and
protection of the State particularly when his parents or
guardians fail or are unable to provide him with his
fundamental needs for growth, development, and
improvement. (right to State’s protection)
(11) Every child has the right to an efficient and honest
government that will deepen his faith in democracy and
inspire him with the morality of the constituted authorities
both in their public and private lives. (right to good
governance)
(12) Every child has the right to grow up as a free
individual in an atmosphere of peace, understanding,
tolerance and universal brotherhood and with the
determination to contribute his share in the building of a
better world. (right to peace)
Art. 4. Responsibilities of the Child. – Every child,
regardless of the circumstances of his birth, sex, religion,
social status, political antecedents and other factors shall:
(Mga Responsibilidad ng Bata/ Mga bagay na dapat niyang
gawin)
(1) Strive to lead an upright and virtuous life in accordance
with the tenets of his religion, the teachings of his elders
and mentors, and the biddings of a clean conscience;
(magsikap na mamuhay nang naaayon sa tamang asal)
(2) Love, respect and obey his parents and cooperate with
them in the strengthening of the family; (mahalin, irespeto
at sundin ang magulang)
(3) Extend to his brothers and sisters his love,
thoughtfulness, helpfulness, and endeavor with them to
keep the family harmonious and united; (mahalin ang mga
kapatid)
(4) Exert his utmost to develop his potentialities for
service, particularly by undergoing a formal education
suited to his abilities, in order that he may become an
asset to himself and to society; (mag-aral nang mabuti)
(5) Respect not only his elders but also the customs and
traditions of our people, the memory of our heroes, the
duly constituted authorities, the laws of our country, and
the principles and institutions of democracy; (irespeto hindi
lang ang nakatatanda kundi ang tradisyon at nakagawian ng
karamihan)
(6) Participate actively in civic affairs and in the promotion
of the general welfare, always bearing in mind that it is the
youth who will eventually be called upon to discharge the
responsibility of leadership in shaping the nation’s future;
and (makisali sa mga gawaing sibiko)
(7) Help in the observance of individual human rights, the
strengthening of freedom everywhere, the fostering of
cooperation among nations in the pursuit of their common
aspirations for programs and prosperity, and the
furtherance of world peace. (irespeto ang karapatang-
pantao)
Section A. In General,
Art. 17. Joint Parental Authority. – The father and
mother shall exercise jointly just and reasonable parental
authority and responsibility over their legitimate or
adopted children. In case of disagreement, the father’s
decision shall prevail unless there is a judicial order to the
contrary. In case of the absence or death of either parent,
the present or surviving parent shall continue to exercise
parental authority over such children, unless in case of the
surviving parent’s remarriage, the court, for justifiable
reasons, appoints another person as guardian. In case of
separation of his parents, no child under five years of age
shall be separated from his mother unless the court finds
compelling reasons to do so.
• Joint authority of both parents, kung may hindi
pagkakaunawaan, ang desisyon ng ama ang
masusunod.
• Kung wala na o namatay ang isa sa mga magulang,
ang natitirang magulang ang mga dapat mag-alaga sa
anak.
 • Kung nagpakasal sa iba ang surviving parent,
Maaaring mag-appoint ang korte ng Guardian.
• Kung naghiwalay ang mag-asawa, ang batang 5 taong
gulang pababa ay dapat nasa poder ng kaniyang ina)
PARENTAL AUTHORITY (PATRIA POTESTAS) - It is
the sum total of the rights of the parents over the person
and property of their child. (kabuuan ng karapatan ng
magulang sa pagkatao at pagmamay-ari ng kanilang anak,
legitimate man o illegitimate)
PARENTAL RESPONSIBILITY - It is the sum total of the
duties and obligations of parents over their minor children
(kabuuan ng pananagutan ng magulang sa kanilang mga anak)
REMEMBER:
PARENTAL AUTHORITY- karapatan ng magulang → anak
PARENTAL RESPONSIBILITY – pananagutan ng magulang
→ anak
(Ang pagbabawal sa anak na lumabas sa hatinggabi upang
hindi ito mahuli sa paglabag sa Curfew ay halimbawa ng
PA, habang ang pagbayad ng magulang sa damages at
pagpapa-ospital sa isang taong nadisgrasya ng isang
minor ay maituturing na PR.)
UNFIT PARENT - A temporary or permanent termination
of parental rights in the best interest of the child usually
for reasons of abandonment, abuse, or neglect, but also
including mental illness, addiction, or criminal record.
Poverty alone and character flaws are prohibited by law
from being indicators of "unfitness". (panandalian o ganap
na pagtanggal ng karapatan ng magulang sa anak nito dahil sa
mga dahilang nabanggit. Subalit ayon sa batas, hindi sukatan
ang kahirapan para tanggalan ng karapatan ang magulang sa
pangangalaga ng kaniyang anak)
LIABILITIES OF PARENTS - Parents and guardians are
responsible for the damage or injury caused by the child
under their parental authority. (almost the same thought as
Parental Responsibility, tandaan nyo lang yung word na sum-
total, pag iyon ang nabasa niyo → PR, kapag may word na
damage/injury → Liabilities of parents ang tinutukoy nito.)
LEGAL CUSTODY - In case of separation of parents, no
child under SEVEN (7) YEARS OF AGE shall be
separated from his mother unless the court decides
otherwise. (separation of parents → pag under 7 y/o → matik
kay mama mapupunta. Note: unless ipag-utos ni korte na hindi
pwede kung makikitang isang unfit parent si mama)
GUARDIANSHIP - It is a trust relation of the most sacred
character in which one person called a guardian who acts
for another called a ward who is regarded as incapable of
managing his own affairs. (paghahabilin sa isang bata sa
isang taong may kakayanan na sya’y alagaan)
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:
(sila ang mga taong maaaring bigyan ng karapatan sa isang
bata kung wala na o patay na ang pareho nitong magulang)
1) grandparents;
2) oldest brother or sister at least 21 years of age; and
3) relative who has actual custody of the child/guardian
duly appointed by the court.
IN LOCO PARENTIS - Teachers, administrators, and
babysitters who are viewed as having some temporary
parental rights & obligations. (mga taong may
pansamantalang pangangalaga sa mga bata)
IN RE GAULT (1967) - (US) - Case that determined the
Constitution requires a separate juvenile justice system
with certain standard procedures and protections, but still
not as many as in adult systems.
COMMENCEMENT OF CIVIL PERSONALITY
- The CIVIL PERSONALITY of the child shall commence
from the MOMENT OF CONCEPTION.
CONCEPTION
- It is the start of life.
- It is the union of the sperm cell and the egg cell.
- It is also called the process of fertilization
(sa oras na magsama ang sperm cell at egg cell, nagkakaroon
na ng pagkakakilanlan ang isang bata)
CIVIL PERSONALITY
- It pertains to the identity and recognition of an individual
as person having rights.
- It shall commence from the moment of conception and
thus, all children shall have the right to be born and the
right to live.
(ito ay tumutukoy sa isang taong may ganap nang karapatan)
FOOD FOR THOUGHT:
Reproduction → Nagsama ang sperm at egg cell → May civil
personality na ang bata → Nagkakaroon na siya ng
karapatan → Kaya dapat mabigyang karapatang maisilang
ang batang ito.
ILLEGITIMACY- Being born to unmarried parents. The
law assumes legitimacy via a married mother's husband,
whether or not this is the true father. Illegitimacy status
limits inheritance rights. (kung ang magulang ng bata ay hindi
kasal nang siya ay isilang)
ABORTION - It is the expulsion of the fetus from the
mother’s womb.
KINDS OF ABORTION
1) CRIMINAL ABORTION - It is classified as intentional
or unintentional as provided in the Revised Penal Code.
It is punishable by law. (gusto lang ipalaglag ang fetus nang
walang makatarungang dahilan)
2) THERAPEUTIC ABORTION - It is recommended and
performed by a certified physician when there are health
risks and complications. It is not punishable by law
(kailangang i-abort ang fetus dahil naging mapanganib sa ina
nito ang pagdadalang-tao)
SPECIAL CATEGORIES OF CHILDREN:
1) DEPENDENT - One who is without a parent, guardian
or custodian, or whose parents, guardian or other
custodian for good cause desire to be relieved of his care
and custody and is dependent upon the public for support.
(mga batang humihingi ng tulong sa public para maka survive-
mga namamalimos o umaasa sa donasyon)
2) ABANDONED
- One who had no proper parental care or guardianship or
whose parents or guardians have deserted him for a
period of at least six consecutive months (PD 603).
- Refers to a child who has no proper parental care or
guardianship or whose parents have deserted him or her
for a period of at least three (3) continuous months (RA
9523).
REMEMBER:
Maging mapanuri sa pag-sagot kung sakaling ito ay
itanong. Kung specific na imention ang PD 603 → 6
consecutive months ang isagot. Kung banggitin naman ang
RA 9523 → 3 continuous months ang isagot. Huwag
mangamba, pareho lang ang ibig-sabihin ng continuous at
consecutive- kaya tandaan lamang ang bilang ng buwan.
Kung wala namang banggitin na batas- laging isagot ang 3
months → dahil ito ang most recent at laging sinusunod ay
ang pinakabagong batas.
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. (sinadyang
pabayaan ang bata)
- Neglect may occur in two ways:
• a) Physical Neglect or malnourishment, untidy
and damaged clothing, no shelter
• b) Emotional Neglect or maltreatment, raped,
seduced, abused, exploited, made to work under
conditions not conducive to good health or placed in moral
and physical danger
4) MENTALLY-RETARDED - Socially incompetent,
socially inadequate, occupationally incompetent and
unable to manage their own affairs.
- Mentally sub-normal
- Retarded intellectually from birth or early age
- Retarded at maturity
- Mentally deficient as a result of constitutional origin
through heredity or disease
- Essentially incurable
1. Custodial – (1-25 I.Q.)
2. Trainable – (25-50 I.Q.)
3. Educable – (50-75 I.Q.)
4. Borderline or Low Normal – (75-89 I.Q.)
(CTEB- para hindi malito- tandaan lang na sila ay may 25
intervals)
5. Idiot – One whose mental condition is likened to a
person 2 years old and below
6. Imbecile – Those whose mental condition is similar to
that of age 2 to 7 years old.
7. Moron – One whose mental condition is similar to that
of seven years of age and above.
(Id→ 2 below, Imb 2-7 , Mo → 7 above )
5) PHYSICALLY-HANDICAPPED - A crippled, deaf-
mute, blind and other conditions which restrict their
means of action or communication with others. (may pisikal
na kapansanan)
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. (hindi kayang makipagsalamuha hindi dahil sa
sakit sa pag-iisip kundi dahil sa trauma o mga emotional
problems)
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. (may problema sa pag-uugali at
nangangailangan ng gamutan o tulong ng isang espesyalista)
8) DISABLED- Includes mentally-retarded, physically-
handicapped, emotionally-disturbed and mentally-ill
children. (combination)
IMPORTANT PROVISIONS OF THE LAWS ON
ADOPTION
ADOPTION - It is an act by which relations of paternity
and filiations are recognized as legally existing between
persons not so related by nature (Pagkilala ng batas sa mga
taong walang blood relation bilang mag-ama/ina/anak.
Katumbas nito ay mabibigyan din ng karapatan ang anak na
magmana mula sa kanyang adoptive parent.)
FILIATION - The civil status of the child in relation to his
parents. (pagiging anak ng isang tao sa kaniyang magulang)
PATERNITY - The civil status of the child in relation to his
father. (pagiging ama ng isang tao sa kanyang anak)
MATERNITY - The civil status of the child in relation to his
mother. (pagiging ina ng isang tao sa kanyang anak)
MATERNAL PREFERENCE RULE - Legal doctrine
granting mothers custodial preference after a divorce.
(Ang ina ay mas may karapatang mangalaga ng kaniyang anak
kung maghiwalay ang magulang)
STEPPARENT - A spouse of a biological parent who has
no legal rights or duties to the child other than those which
have been voluntarily accepted. (note: walang legal rights si
stepparent sa anak ng kaniyang bagong asawa- depende sa
mga bagay/ suporta na kusa nyang ibibigay sa anak.)
SURROGATE PARENT - A parent who provided an egg,
sperm, or uterus with an intent of giving the child up for
adoption to specific parties. (sperm/ egg donor o mga taong
nagbubuntis para sa ibang tao)
PSYCHOLOGICAL PARENT DOCTRINE - Legal
doctrine granting custody to the parent whom the child
feels the greatest emotional attachment to. (kung sino ang
mas close ng anak, siya ang mabibigyan ng custody)
TENDER YEARS DOCTRINE - Legal doctrine that unless
the mother is "unfit", very young children should be placed
in custody with their mother following a divorce. (nag-
divorce ang magulang → matik sa mama mapupunta ang bata
unless unfit syang alagaan ito)
BIOLOGICAL CHILD - A natural-born child of the parents
ADOPTED CHILD - A child who underwent the judicial
process of adoption.
FOUNDLING - Refers to a deserted or abandoned infant
or child whose parents, guardian or relatives are
unknown.
Legal Classifications of Children
• Legitimate – A child born during the marriage
(nagpakasal si A at B → nagkaanak sila → ang anak ni A at B
ay isang legitimate child)
• Illegitimate - A child born outside the marriage (hindi pa
kasal si A at B→ nagkaanak sila → ang anak ni A at B ay isang
illegitimate child)
• Legitimated – illegitimate child raises to the status of a
legitimate child by sequent marriage of his parents. (hindi
pa kasal si A at B → nagkaanak sila → saka sila nagpakasal →
ang anak ni A at B ay isang legitimated child)
• Adopted - a person who is raised to the status of
legitimacy through adoption.
RA 8552 – DOMESTIC ADOPTION ACT OF 1998
-Approved on 25 February 1998
ADOPTER - The person adopting or petitioning for the
adoption of a child. (kung sino ang mag-aampon)
ADOPTEE - The child or person being petitioned for
adoption. (kung sino ang inampon)
CHILD LEGALLY AVAILABLE FOR ADOPTION (mga
batang pwedeng ampunin)
- A child who has been voluntarily or involuntarily
committed to the DSWD or to a duly licensed and
accredited child-placing or child-caring agency, freed of
the parental authority of his or her biological parents or
guardians or adopter in case of rescission. (batang isinuko
sa DSWD, maaaring kusang ibinigay ang magulang nito o
tinanggalan ng karapatan ng korte ang magulang nito- dapat ay
Certified na sya ng DSWD na pwede na syang ampunin legally.)
VOLUNTARILY-COMMITTED CHILD - One whose
parents or legal guardian knowingly and willfully
relinquished parental authority to the DSWD or any duly
accredited child-placement or child caring agency or
institution (batang kusang isinuko sa DSWD, CP O CCA)
CHILD-CARING AGENCY OR INSTITUTION - Refers to
a private non-profit or government agency duly accredited
by the DSWD that provides twenty-four (24) hour
residential care services for abandoned, neglected, or
voluntarily committed children (RA 9523).
CHILD-PLACING AGENCY OR INSTITUTION - Refers
to a private non-profit institution or government agency
duly accredited by the DSWD that receives and
processes applicants to become foster or adoptive
parents and facilitate placement of children eligible for
foster care or adoption.
WHO MAY ADOPT:
1) Any Filipino citizen, of legal age and at least sixteen
(16) years older than the adoptee unless the adopter is
the biological parent of the adoptee or is the spouse of the
adoptee’s biological parent (kung Pinoy ka, dapat at least 16
yrs ang pagitan ng edad nyo unless biological parent ka or
stepparent na gustong maging legal parent ng bata)
2) Any alien possessing the same qualifications as that of
a Filipino citizen, who has been living in the Philippines
for at least three (3) consecutive years, and whose
country has diplomatic relations with the Philippines (kung
Foreigner ka, dapat at least 3 yrs ka nang nakatira sa Pinas at
galing ka sa bansang may diplomatic relations ang Pinas)
WHO MAY BE ADOPTED:
1) Any person below eighteen (18) years of age judicially
declared available for adoption (qualified by law na ampunin,
below 18)
2) The legitimate son or daughter of one spouse by the
other spouse. (Si A ay anak ni B at C at kasal sila→
Naghiwalay legally si B at C → Gustong magpakasal ni B kay
D→ Pwedeng ampunin ni D ang anak ni B at C )
3) An illegitimate son or daughter by a qualified adopter
to improve his or her status to that of legitimacy. (Si A ay
anak ni B at C pero hindi sila kasal → Pwedeng mag apply for
adoption si B o C para ma declare na legitimate child nila si A)
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. (kahit
hindi na minor pero dati nang nasa pangangalaga ng gustong
umampon sa kaniya)
5) A child whose adoption has been previously rescinded.
(Batang dati nang inampon ngunit napasawalang-bisa ang
legality ng unang adoption)
6) A child whose biological or adoptive parents has died
but proceedings may only be initiated after six (6) months
from the time of the death of the parents. (pwede nang
ampunin after 6 months ang batang namatayan ng parehong
magulang)
SUPERVISED TRIAL CUSTODY - A period of time within
which a social worker oversees the adjustment and
emotional readiness of both adopter and adoptee in
stabilizing their filial relationship. (sa loob ng 6 months,
susubukang pagsamahin ang mag-aampon at aampunin→
imomonitor sila ni Social Worker→aalamin kung handa na ba
silang maging isang pamilya)
RESCISSION OF ADOPTION - The nullification of the
adoption. Adoption shall not be subject to rescission by
the adopter. (pagpapasawalang-bisa ng Pag-ampon)
GROUNDS FOR RESCISSION OF ADOPTION
1) Repeated physical and verbal maltreatment by
the adopter despite having undergone counseling;
2) Attempt on the life of the adoptee;
3) Sexual assault or violence; or
4) Abandonment and failure to comply with parental
obligations.
(ito ang mga dahilan para ang Adoption ay
mapasawalang-bisa → ang bata ay ibabalik sa CPA at
maaari na namang ampunin ng ibang qualified applicant)
RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995
-Approved on 7 June 1995.
INTER-COUNTRY ADOPTION - It is the socio-legal
process of adopting a Filipino child by a foreigner or a
Filipino citizen permanently residing abroad where the
petition is filed. The supervised trial custody is undertaken
and the decree of adoption is issued outside the
Philippines. (foreigner o Pinoy na nakatira abroad → pwedeng
mag-adopt ng batang Pinoy → ang STC ay gagawin abroad)
INTER-COUNTRY ADOPTION BOARD - It shall act as
the policy-making body for purposes of carrying out the
provisions of RA 8043 in consultation and coordination
with the DSWD.
Board
Ex-officio Chair
DSWD
SEC
Appointed by President
6- year term
6 members
WHO MAY ADOPT:
1) Any alien or a Filipino citizen permanently
residing abroad;
2) At least twenty-seven (27) years of age;
3) At least sixteen (16) years older than the adoptee
unless the adopter is the parent by nature of the
adoptee or the spouse of such parent;
4) Coming from a country with whom the Philippines
has diplomatic relations; or
5) Possesses all the qualifications provided in other
applicable Philippine laws.
WHERE TO FILE APPLICATION
- It shall be filed either with:
a) RTC
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 – It is the law giving DSWD the sole authority to
issue the certification declaring a child legally available for
adoption.
- It amended certain provisions of RA 8552 and RA 8043.
- It was approved on 12 March 2009.
(ayon sa batas na ito, tanging DSWD lamang ang maaaring
magbigay ng certification na nagsasabing ang isang bata ay
pwedeng ampunin legally)
 IMPORTANT PROVISIONS OF RA 7610
RA 7610 – SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION ACT
- It was approved on 17 June 1992.
- This law is also commonly referred to as the Anti-Child
Abuse Act/ ACAL.
RA 7658 – It is an amendatory law to RA 7610
- It was 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 - This refers to maltreatment of the child
whether habitual or not.
FORMS OF CHILD ABUSE
1) CRUELTY – It refers to any word or deed which
debases, degrades or demeans the intrinsic worth and
dignity of the child as a human being. (anumang salita o
gawa na nakakapagpababa sa dignidad ng isang bata bilang
isang tao)
2) PHYSICAL INJURY – It includes but is not limited to
lacerations, fractured bones, burns, internal injuries,
severe injuries, or serious bodily harm suffered by a child.
(pisikal na pananakit sa isang bata)
3) PSYCHOLOGICAL INJURY – It means harm to a
child’s psychological or intellectual functioning which may
be exhibited by severe anxiety, depression, withdrawal or
outward aggressive behavior. (anumang gawain na
nakakaapekto sa pag-iisip ng bata)
4) NEGLECT – It 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.
(pagpapabaya sa basic needs ng bata)
5) SEXUAL ABUSE – It includes the employment, use,
inducement or coercion of a child to engage in sexual
intercourse or lascivious conduct, molestation,
prostitution and/or incest with children.
CHILD PROSTITUTION - This refers to 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. (pamimilit sa isang
bata, lalaki man o babae, na lumahok sa mga gawaing
malalaswa o makipagtalik kapalit ng anumang kondisyon)
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 clients of child prostitutes
3) those who derive profit or advantage therefrom,
such as managers or owners of the establishment
where the prostitution takes place.
(sino ang may pananagutan sa batas?
Sino man may kinalaman sa prostitution bukod sa
mismong mga bata- ayon sa batas, ang mga bata ay mga
biktima lang rin.)
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. (pag gamit sa bata bilang aktor,
modelo o anumang bahagi nito sa malalaswang palabas, litrato)
CHILDREN AS ZONES OF PEACE - Children shall not
be the object of attack in situations of armed conflict.
- They shall be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading treatment.
- Children shall not be recruited to become members of
the Armed Forces of the Philippines of its civilian units,
nor be allowed to take part in the fighting or be used as
guides, couriers or spies.
- Children shall be given priority during evacuation as a
result of armed conflict.
(Ang mga bata ay dapat protektahan laban sa pang-aabuso sa
panahon ng digmaan
Bawal rin silang makibahagi bilang miyembro ng AFP o
makipag-bakbakan
Sila ang dapat unahin sa panahon ng evacuation)
CHILD PROTECTION ACTION - The filing of legal
papers by a child welfare agency when its investigation
has turned up evidence of child abuse. This is a civil,
rather than criminal, charge designed to take preventive
action (like appointment of a Guardian ad litem) for at-risk
children before abuse occurs. (napatunayan na ang bata ay
biktima ng pang-aabuso→ ang bata ay ihahabilin sa isang
guardian upang ito ay maprotektahan)
IMPORTANT PROVISIONS OF RA 9208
RA 9208 – ANTI-TRAFFICKING IN PERSONS ACT OF
2003
- It was approved on 26 May 2003.
TRAFFICKING IN PERSONS - It is the recruitment,
transportation, transfer or harboring, or receipt of persons
with or without the victim’s consent or knowledge within
or across national borders by means of threat or use of
force, or other forms of coercion, abduction, fraud,
deception, abuse of power or prostitution, taking
advantage of the vulnerability of the person, or giving or
receiving of payments or benefits to achieve the consent
of a person having control over another person for the
purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
(to easily understand the concept of trafficking, always look for
these factors: ACT, MEANS, PURPOSE)
Act (ano ang MEANS (sa paanong PURPOSE (para
ginawa?) paraan?) saan?)
• Threat • Exploitation
• Recruitment • Force, • Prostitution
• Transportation • Coercion • Slavery
• Transfer • Abduction • Forced Labor
• Harboring • Fraud • Sexual
• Receipt of • Deception, Exploitation
Persons • Abuse of power • Servitude
• Taking • Removal, Sale
advantage of the of organs
vulnerability of
the person
• Payment to
achieve consent
(any combination of the aforementioned Act, Means and
Purpose → Trafficking in person)
 - 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. (Kung bata ang involved,
hindi man gamitan ng mga nabanggit na MEANS O
PARAAN,→ maituturing pa ring Trafficking in Person
[Qualified]
ex. Si Maria ay ni-recruit [ACT] nang walang pamimilit,
kusa itong sumama sa isang tao ngunit siya pala ay
gagawing isang prostitute [PURPOSE] – TRAFFICKING
IN PERSON pa din ito)
QUALIFIED TRAFFICKING IN PERSON
1) When the trafficked person is a child; (kung ang
biktima ay isang bata)
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; or
(kung ang bata ay inampon para lamang gawing biktima ng
trafficking)
3) When the offender is an ascendant, parent, sibling,
guardian or a person who exercised authority over the
trafficked person or when the offense is committed by
a public officer or employee. (kung ang offender ay
kamag-anak, pinagkatiwaalaang mag-alaga sa bata, o
kawani ng gobyerno)
FORCED LABOR AND SLAVERY - Refer 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. (sapilitang pagpapa-trabaho → sa pamamagitan ng
pamimilit, pananakot, etc.)
SEX TOURISM - This 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. (madalas din itong tinatawag na escorting, booking o
walking)
PORNOGRAPHY - It 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 primarily for sexual purposes. (anumang paggamit
sa isang tao sa malaswang paraan o aktwal na pakikipagtalik
nito sa iba)
DEBT BONDAGE - It refers to pledging by the debtor of
his or her personal services or labor or those of a person
under his or her control as security or payment for a debt
when the length and nature of services are not clearly
defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of a debt.
(upang makabayad sa utang, ang isang tao ay magsisilbi sa
pinagkakautangan nito → walang malinaw na termino)
IMPORTANT PROVISIONS OF RA 9231
RA 9231 - It is the law prohibiting the worst forms of
child labor
- It is an amendatory law to RA 7160 and RA 7658
- It amended the provisions of RA 7160 regarding working
children
- It was approved on 19 December 2003
Children below fifteen (15) years of age shall not be
employed, except:
1) When a child works directly under sole responsibility of
his parents or legal guardian and where only members of
the employer’s family are employed; ()
2) Where a child’s employment or participation in public
entertainment or information through cinema, theatre,
radio or television is essential with the approval of the
Department of Labor and Employment (DOLE)
- It is the duty of the employer to submit to the DOLE a
report of all children employed by him.
- If a domestic is under sixteen (16) years of age, the head
of the family shall give him or her an opportunity to
complete at least elementary education, the cost of which
shall be a part of the domestic’s compensation.
(Generally, bawal pagtrabahuin ang isang batang less than 15
y/o maliban na lang kung:
• Ito ay nagtatrabaho sa negosyo ng sarili nitong
pamilya.
• Kung aprubado ng DOLE ang pagtatrabaho ng bata sa
larangan ng public entertainment.
• Responsibilidad ng employer na ipa alam sa DOLE
kung sinu-sino ang mga batang nagtatrabaho para sa
kaniya.
• Kung ang batang mababa sa 16 ay namamasukan
bilang katulong, dapat itong pagtapusin ng
elementarya ng kaniyang amo.)
WORK PERMIT OF WORKING CHILDREN - It shall be
the duty of the employer to secure permit from the DOLE
of working children employed by him.
EMPLOYMENT CONTRACT OF WORKING CHILDREN
- The contract shall be signed by the working child’s
parent or legal guardian with the express agreement of
the child.
(Employment Contract → Pirmado ng Magulang/Legal Guardian
ng bata → Dapat ay sang-ayon ang bata sa terms nito.)
WORKING HOURS
If the child is under 15:
- He/She may work for a maximum of four (4) hours a day,
twenty (20) hours a week.
- He/She may work between six o’clock in the morning to
eight o’clock in the evening (6am to 8pm).
If the child is 15 but under 18:
- He/She may work for a maximum of eight (8) hours a
day, forty (40) hours a week.
- He/She may work between six o’clock in the morning to
ten o’clock in the evening (6am to 10pm).
Age Under 15 15 but under 18
Max Hrs./ Day 4 hours 8 hours
Max Hrs./Week 20 hours 40 hours
Time of the Day Bet 6:00 AM- 8:00 Bet 6:00 AM-
PM 10:00 PM
PROHIBITION ON THE EMPLOYMENT OF CHILDREN
IN CERTAIN ADVERTISEMENTS
- No child shall be employed as a model in any
advertisement directly or indirectly promoting the
following:
a) alcoholic beverages;
b) intoxicating drinks;
c) tobacco and cigarettes; STALKING - It refers to an intentional act committed by a
d) gambling; or person who knowingly and without lawful justification
e) any form of violence or pornography. follows the woman or her child or places the woman or
(Ipinagbabawal ang bata na magtrabaho bilang modelo ng her child under surveillance directly or indirectly. (includes
produktong nagpapakita ng nakakalasing na inumin, sigarilyo, actual following of a child/woman and cyber stalking)
pagsusugal, karahasan o pornography.)
PHILIPPINE JUVENILE JUSTICE SYSTEM
IMPORTANT PROVISIONS OF RA 9262
RA 9344 – the JUVENILE JUSTICE AND WELFARE
RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND ACT OF 2006
THEIR CHILDREN ACT OF 2004
- It was approved on 28 April 2006.
- It was approved on 8 March 2004.
- It became effective on 20 May 2006.
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
- This refers to any act or a series of acts committed by - It repealed the provisions of the Revised Penal Code
any person against a woman who is his wife, former wife and Presidential Decree No 603 on minor offenders.
or against a woman with whom the person has or had a
sexual or dating relations or with whom he has a common IMPORTANT TERMS INTRODUCED BY RA 9344
child, or against her child, whether legitimate or
illegitimate, within or without the family abode, which BEST INTEREST OF THE CHILD-refers to the totality of
result in or is likely to result in physical, sexual, the circumstances and conditions which are most
psychological harm or suffering, or economic abuse congenial to the survival, protection and feelings of
including threats of such acts, battery, assault, coercion, security of the child and most encouraging to the child’s
harassment or arbitrary deprivation of liberty. physical, psychological and emotional development. It
also means the least detrimental available alternative for
(To further understand this concept, let’s put it into table form) safeguarding the growth and development of the child.
(June 2022 CLE- definition lamang ang tinanong)
ACT (Ano ang ginawa?) VICTIM (sino ang biktima?)
• Wife CHILD - refers to a person under the age of eighteen (18)
• Any act/series of Act • Former Wife years
• Battery • Common-law Spouse
• Assault • GF CHILD AT RISK - refers to a child who is vulnerable to
• Coercion • Ex-GF and at the risk of committing criminal offenses because of
• Harassment • Anak personal, family and social circumstances, such as, but
• Deprivation of Liberty • Stepchild not limited to, the following: (mga batang malaki ang
• Threats to do these acts • Not GF pero may posibilidad na makagawa ng krimen)
sexual relations
• Not GF pero nagkaroon (1) being abused by any person through sexual,
ng sexual relations physical, psychological, mental, economic or any
• LGBTQ+ partner other means and the parents or guardian refuse,
PERSON LIABLE (sino ang are unwilling, or unable to provide protection for
EFFECT/RESULT
may pananagutan sa the child; (batang nakaranas ng pang-aabuso)
(Ano ang naidulot nito?)
batas?)
• Husband • Physical Suffering (2) being exploited including sexually or
• Ama ng bata • Sexual Suffering economically;
• Stepparent • Psychological Suffering
• Common-law Spouse • Economic Suffering (3) being abandoned or neglected, and after
• BF diligent search and inquiry, the parent or guardian
• Ex-BF cannot be found; (batang inabandona o sinadyang
• Hindi naging BF pero iwanan)
nagkaroon ng sexual
relations (4) coming from a dysfunctional or broken family
• Hindi BF pero
or without a parent or guardian;
kasalukuyang may sexual
relations
(5) being out of school;
• LGBTQ+ partner
(presence of the combination of the following factors = VAWC)
(6) being a streetchild;
PHYSICAL VIOLENCE - It refers to acts that include
(7) being a member of a gang;
bodily or physical harm.
(8) living in a community with a high level of
SEXUAL VIOLENCE - It refers to an act which is sexual
criminality or drug abuse; and
in nature committed against a woman or her child.
(9) living in situations of armed conflict.
PSYCHOLOGICAL VIOLENCE - It refers to acts or
omissions causing or likely to cause mental or emotional JUVENILE JUSTICE AND WELFARE SYSTEM - It
suffering of the victim such as but not limited to refers to a system dealing with children at risk and
intimidation, harassment, stalking, damage to property, children in conflict with the law which provides child-
public ridicule or humiliation, and repeated verbal abuse. appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-
ECONOMIC ABUSE - It refers to acts that make or
integration and aftercare to ensure their normal growth
attempt to make a woman financially dependent.
and development. (ito ay kung anu-anong hakbang ang
ginagawa ng gobyerno upang masugpo at mapigilang maging
BATTERY - It refers to an act of inflicting physical harm
adult offender ang isang batang nakagawa ng offense)
upon the woman or her child resulting to the physical and
psychological or emotional distress. (pananakit, CHILD AT RISK - This refers to a child who is vulnerable
pambubugbog, panggugulpi) to and at the risk of committing criminal offenses because
of personal, family and social circumstances. (Malaki ang
posibilidad na makagawa ng krimen dahil sa iba’t-ibang
kadahilanan)
CHILD IN CONFLICT WITH THE LAW - This refers to a
child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws. (mga
batang tuluyan nang nakagawa ng krimen)
INITIAL CONTACT WITH THE CHILD - It refers to the
apprehension or taking into custody of a child in conflict
with the law by law enforcement officers or private
citizens. (katumbas ng arrest sa adult offenders)
INTERVENTION- It 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.
1) the right not to be imposed a sentence of capital
punishment or life imprisonment;
2) the right to be detained or imprisoned as a disposition
of last resort which shall be for the shortest appropriate
period of time;
3) the right to be separated from adult offenders at all
times: during detention, while being transported to and
from the court and while waiting for the hearing.
4) the right to be detained only with other detainees of the
same sex, if detention is necessary;
5) the right to be searched only by a law enforcement
officer of the same gender;
6) the right not to be handcuffed when such is not
necessary;
7) the right to have his parents or guardians present;

(Sa intervention, inaalam ang dahilan na nagtulak sa isang bata 8) the right to diversion if he or she is qualified and
upang makagawa ng krimen. Key words: Intervention = voluntarily avails of the same;
Individualized Treatment)
9) the right to AUTOMATIC SUSPENSION OF
COMMUNITY-BASED PROGRAMS- Refer to the SENTENCE;
programs provided in a community setting developed for
purposes of intervention and diversion as well as 10) the right to probation as an alternative to
rehabilitation of the child in conflict with the law, for imprisonment if qualified under the Probation Law; and
reintegration into his/her family and/or community.
11) the right to have the records and proceedings
DIVERSION - It refers to an alternative, child-appropriate involving him be considered PRIVILEGED AND
process of determining the responsibility and treatment of CONFIDENTIAL.
a child in conflict with the law on the basis of his or her
social, cultural, economic, psychological or educational MINIMUM AGE OF CRIMINAL RESPONSIBILITY
background without resorting to formal court proceedings.
Age Criminal Liability Program
DIVERSION PROGRAM - It refers to the program that the
child in conflict with the law is required to undergo after he • 15 below Exempted Intervention
or she is found responsible for an offense without
resorting to formal court proceedings. • Above 15 but below Exempted Intervention
18, acted W/O
(To avoid confusion, I is to I and D is to D) DISCERNMENT
INTERVENTION- hanapin ang terms na INDIVIDUALIZED
PROGRAM → Purpose: Alamin bakit nagawa ng bata ang
krimen • Above 15 but below 18, acted WITH DISCERNMENT
DIVERSION- hanapin ang terms na DETERMINING THE
Is the child qualified for DIVERSION?
RESPONSIBILITY → Purpose: Alamin paano i-treat ang bata
nang hindi kailangang ito ay ikulong
YES NO
DIVERSION PROGRAM- ito ay yung mismong program o
DIVERSION PROSECUTION
plano, na kailangang pagdaanan ng bata matapos
mapatunayang ginawa nya ang isang krimen.
TREATMENT OF CHILD BELOW THE AGE OF
YOUTH DETENTION HOME - This refers to a 24-hour CRIMINAL RESPONSIBILITY
child-caring institution managed by accredited local
Initial Contact with the Child
government units (LGU) and licensed and/or accredited
non-governmental organizations (NGO’s) providing short- Law Enforcer determines the age of child
term residential care for children in conflict with the law
who are awaiting court disposition of their cases or If 15 below
transfer to other agencies or jurisdiction.
LE release child to parents/ guardians/ nearest relative
YOUTH REHABILITATION CENTER - This refers to a
24-hour residential care facility managed by the DSWD, LE informs LSWD regarding the apprehension
local government units, licensed or accredited non-
COMPREHENSIVE JUVENILE INTERVENTION
governmental organizations monitored by the DSWD
PROGRAM - It shall include community-based programs
which provides care, treatment and rehabilitation services
on juvenile justice and welfare from LGU to Provincial
for children in conflict with the law.
Govts.
(YOUTH DETENTION HOME → look for LGU and NGO →
Purpose: short-term residential care for CICL na nag-aantay ng COMMUNITY-BASED PROGRAMS ON JUVENILE
desisyon ng korte JUSTICE AND WELFARE – Instituted by LGUs. These
shall respond to the special needs, problems, interests
YOUTH REHABILITATION CENTER → Look for DSWD → and concerns of children and which offer appropriate
Purpose: care, treatment, rehab services for CICL) counseling and guidance to them and their families

RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW - These programs shall consist of three (3) levels:
1) PRIMARY INTERVENTION - It includes general
measures to promote social justice and equal opportunity
which tackle perceived root causes of offending.
2) SECONDARY INTERVENTION - It includes measures
to assist children at risk.
3) TERTIARY INTERVENTION - It includes measures to
avoid unnecessary contact with the formal justice system
and other measures to prevent re-offending.
SYSTEM OF DIVERSION
CICL will undergo Diversion Proceedings if:
Imposable penalty for crime committed → Not more than
6 yrs imprisonment
Victimless crime → Not more than 6 years imprisonment
Imposable penalty for crime committed → more than 6 yrs
→ court
- The diversion proceedings shall be completed within
FORTY-FIVE (45) DAYS
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
agree to the diversion program.
- It must be signed by the child’s parents or guardian and
the authorities concerned.
PROSECUTION - A child in conflict with the law shall
undergo PROSECUTION if:
1) he is not qualified for diversion;
2) he is qualified for diversion but he or his parents or
guardian does not agree to diversion; or
3) diversion is not appropriate for the child in conflict with
the law based on the social worker’s recommendations.
CONDUCT OF PRELIMINARY INVESTIGATION
- There shall be a specially trained prosecutor to conduct
inquest, preliminary investigation and prosecution of
cases involving children in conflict with the law.
- The information against the child shall be filed before the
Family Court within FORTY-FIVE DAYS from the start of
the preliminary investigation.
COURT PROCEEDINGS
- During trial, the court shall order:
1) the release of the child on recognizance to his or her
parents and other suitable persons;
2) the release of the child on bail; or
3) if the child is to be detained, the transfer of the child to
a youth detention home
- Detention of the child shall be ordered only as a last
resort
AUTOMATIC SUSPENSION OF SENTENCE
CICL → found guilty → Automatic placing under
Suspended Sentence → No application whatsoever
required → Court orders transfer of child in a youth
rehabilitation center → Auto Suspension can be extended
until child reaches max of 21 y/o.
DISCHARGE OF THE CHILD IN CONFLICT WITH THE
LAW -. Disposition measures finished → Social worker
recommends release of CICL → Court dismisses the case
→ Release
RETURN OF THE CHILD IN CONFLICT WITH THE LAW
TO COURT - Disposition measures not fulfilled or child
did not comply → Child will be returned to court → Court
orders execution of judgment
PROBATION - A child in conflict with the law whose
sentence was executed by the court upon reaching the
maximum age of TWENTY-ONE (21) shall be entitled to
the benefits of probation under PD 968, the Probation Law
of 1976.
OFFENSES NOT APPLICABLE TO CHILDREN -
Persons below eighteen (18) years old shall be exempt
from prosecution for the following crimes:
1) vagrancy and prostitution under the Revised
Penal Code;
2) mendicancy under PD No 1563; and
3) sniffing of rugby under PD 1619.
(if these are committed by a child → exempted from
prosecution)
EARLY STAGES OF DELINQUENCY PREVENTION
1. HOME-BASED PROGRAMS - Programs which involve
the provision of support for families. A supportive & loving
home environment, parents care for their children’s health
and general well-being.
2. PARENTING SKILLS PROGRAM - Main focus is on
parent training programs with the objective of improving
parenting skills and to improve the parent-child bond.
3. DAY CARE PROGRAMS - Programs designed to
working parents. These programs afford children a
number of benefits which includes social interaction and
stimulation of cognitive, sensory and motor control skills.
4. PRE-SCHOOL PROGRAMS - Geared more toward
preparing children for school. Usually children ages 3-5
considered as the formative years of brain development.
REPUBLIC ACT NO 10630
- It amended certain provisions of Republic Act 9344
- It renamed RA 9344 into An Act Establishing a
Comprehensive Juvenile Justice and Welfare system,
Creating the Juvenile Justice and Welfare Council
under the Department of Social Welfare and
Development, Appropriating Funds Therefor, and for
Other Purposes
- Admin supervision of JJWC → Transferred from DOJ to
DSWD
- Created Regional Juvenile Justice and Welfare Council
(RJJWC) in each region.
- Establishment of Bahay Pag-asa.
JUVENILE JUSTICE AND WELFARE COUNCIL
(JJWC)
Attached to and under Admin Supervision of DSWD
Head → DSWD USec as Chairperson
Coordinating with the following agencies:
DOJ, CWC, DepEd, DILG, PAO, BUCOR, PPA, NBI,
PNP, BJMP, CHR, TESDA, NYC, and other institutions
focused on juvenile justice and intervention programs.
With representatives whose ranks not lower than Director
(designated by Heads of the agencies):
DOJ, DSWD, CWC, DepEd, DILG, CHR, NYC, 2
NGO Reps designated by DSWD Secretary, DOH, 1
Representative each from the League of Provinces,
League of Cities, League of Municipalities and
League of Barangays.
There shall be a Regional Juvenile Justice and Welfare
Committee (RJJWC) in each region
Chairperson – DSWD Regional Director
Composition- Representatives whose rank not lower
than an assistant regional director from the following
agencies: DOJ, DSWD, DepEd, DILG, CHR, DOH, 2
Representatives from NGOs operating within the region,
1 sectoral representative from the children or youth
sector within the region, 1 representative from the
League of Provinces/ Cities/ Municipalities/ Barangays
of the Philippines.
BAHAY PAGASA
- It refers to a 24-hour child-caring institution established,
funded and managed by local government units (LGUs)
and licensed and/or accredited non-government
organizations (NGOs) providing short-term residential
care for children in conflict with the law who are above
fifteen (15) but below eighteen (18) years of age who are
awaiting court disposition of their cases or transfer to
other agencies or jurisdiction.
(In the definition of Bahay Pag-asa, the age of CICL is specified
unlike both Youth Detention and Youth Rehabilitation home. In
fact, Bahay Pag-asa is an example of a Youth Detention Home.)
- Operated by: Social Worker + Psychologist/Mental
Health Professional + Medical Doctor + Educational/
Guidance Counselor + Barangay Council for the
Protection of Children (BCPC) Member
- Responsibility of the LGUs to build, fund and operate a
Bahay Pag-asa within their jurisdiction.
- Every Bahay Pag-asa must have a special facility called
the Intensive Juvenile Intervention and Support Center.
- Only CICL whose ages range from above fifteen (15) but
below eighteen (18) can be admitted to Bahay Pag-asa.
- Even if the CICL is fifteen (15) years old or below, he
may also be admitted to Bahay Pag-Asa if the social
worker believes that it is what is best for the child.
- The minimum age for CICL that can be taken into the
Bahay Pag-asa is twelve (12) years old.
SERIOUS CRIMES COMMITTED BY CHILDREN IN
CONFLICT WITH THE LAW
Crimes classified as serious crimes by RA 10630:
1) parricide;
2) murder;
3) infanticide;
4) kidnapping and serious illegal detention where
the victim is killed or raped;
5) robbery with homicide;
6) robbery with rape;
7) destructive arson;
8) rape;
9) carnapping where the driver or occupant is killed
or raped; and
10) offenses under Republic Act No 9165 or the
Comprehensive Dangerous Drugs Act of 2002 that
are punishable by more than twelve (12) years of
imprisonment.
Child above 12 y/o up to 15 y/o → Committed any serious
crimes → Deemed as a Neglected Child → Mandatorily
placed Bahay Pag-asa under its Intensive Juvenile
Intervention and Support Center
-CICL whose age is above twelve (12) but below fifteen
(15) who will commit a serious crime must be taken to
Bahay Pag-asa instead despite being exempted from
criminal liability.
(usually kapag below 15 y/o ay exempted from criminal liability,
ngunit kapag ang na commit ng batang 12-15 y/o ay kabilang sa
nabanggit na serious crimes, matik dadalhin sya sa Bahay Pag-
asa)
REPETITION OF OFFENSES - A CICL whose age is
above twelve (12) up to fifteen (15) years old who had
already been subjected to a community-based
intervention program for a commission of a crime and who
would again commit another crime shall also be deemed
as a neglected child and shall be mandatorily placed in
Bahay Pag-asa to undergo an intensive intervention
program supervised by the DSWD (Section 20-B of RA
10630).
(ang isang CICL edad 12-15 na dati nang nag-undergo ng
community-based program at muling gumawa ng krimen→
matik dadalhin sa Bahay Pag-asa)
EXPLOITATION OF CHILDREN FOR COMMISSION OF
CRIMES - Any person who shall abuse his authority over
a child, or who shall induce, threaten or instigate a child
to commit a crime, is punishable for the crime committed
by the child and the penalty to be imposed shall be the
maximum penalty provided by law (Section 20-C of RA
10630) (sinumang nag-udyok sa isang bata na gumawa ng
krimen ay siyang mapaparusahan sa krimeng ginawa ng isang
bata + max penalty)
VIOLATIONS OF LOCAL ORDINANCES
Section 57-A of RA 10630 exempts children from
punishment for the following violations of city or
municipal ordinances:
1) curfew;
2) truancy;
3) parental disobedience;
4) smoking;
5) drinking;
6) disorderly conduct;
7) public scandal;
8) harassment;
9) drunkenness;
10) public intoxication;
11) criminal nuisance;
12) vandalism;
13) gambling;
14) mendicancy;
15) littering;
16) public urination; and
17) trespassing.
(kung Local Ordinance naman ang nilabag ng isang bata →
wala syang criminal liability → isasailalim lamang ito sa
Intervention program → Hindi rin sya tatawaging CICL kundi
isang Child at risk)
STRATEGIES OF DELINQUENCY PREVENTION
1. GENERAL DETERRENCE - Concept holds that the
choice to commit a delinquent act is structured by the
threat and punishment. Kids believe that their illegal
behavior will result in apprehension and severe
punishment thus, most will be deterred to commit crimes.
(mapipigilang gumawa ng masama ang isang bata dahil sa takot
nitong mahuli at maparusahan.)
2. SPECIFIC DETERRENCE - Holds that if offenders are
punished severely, the experience will convince them not
to repeat their illegal acts. (Ayon dito, ang taong minsan nang
naparusahan ay hindi na muling uulit pa.)

3. SITUATIONAL DETERRENCE - Rather than deterring

or punishing individuals in order to reduce delinquency
rates, situation prevention strategies aim to reduce the
opportunities for people to commit particular crimes. (Ito
ay naka tutok sa pagbabawas ng oportunidad sa pag-gawa ng
krimen –ex. patrolling police officers.)

EFFECTIVE DELINQUENCY PREVENTION

1. EDUCATIONAL MODEL - programs that assist

families and children by providing them information and
let them be aware on the effects and consequences of
drugs, gangs, sex and weapons. (information and
awareness = delinquency prevention thru education.)

2. COMMUNITY INVOLVEMENT - Involvement in

community groups provide youth with an opportunity to
interact in a safe social environment. Ex. girl scout, boy
scout, church youth group, etc. (involvement in community
activity = delinquency prevention)

3. PARENT-CHILD INTERACTION - program that places

parents and children in interactive situation. It has been
shown to reduce hyperactivity, attention deficit,
aggression and anxious behavior in children. (interaction of
parents and children = delinquency prevention)

4. BULLYING PREVENTION - Individual bullies and

victims receive independent counseling in order to
discourage future commission of an offense.

5. INTERVENTION ASSISTANCE - a youth entering the

juvenile justice system has the opportunity to receive
intervention assistance from the government. A youth
may receive drug rehabilitation assistance, counseling
and educational opportunities. (assistance while undergoing
intervention.)

6. YOUTH INSTITUTION - Program which gears toward

restoring delinquent youth, designed to assist youthful
offenders by providing them with the help they need to
change their behavior. (restoration and changing the youth’s
behavior = delinquency prevention.)

7. ENDING REPEAT OFFENSES - out of the facility,

youths face the challenge of readjusting to “free life”. They
must create a pattern of life separate from criminal
activity. (creation of new life pattern prevents repetition of
offense)

8. FUNCTIONAL FAMILY THERAPY - Family therapist

works with the family and helps individual members see
how they can positively motivate change in their home.
(therapy among family members = delinquency prevention)