Juvinile Delinquency.

Juvinile – person under the age of 18,

Age of minority (RA 6809 new law).
RA 6809 Amended law – lowering the age of maturity from 21 years
old to 18 years old.
18 years old – upon reaching the age of 18 you are emancipated
child.
Emancipated Child – free from parental authority, freedom from
property, personal freedom.

Delinquency
general violation of sociatal/approve norms.
Doesn’t matter even if adult/minor.

Status Offenses

Acts – violate Ommission – no performance

Acts/ommission
may not be punishable if the adult are the offender; if committed
by a minor considered as illegal/anti-social.
Example
Drinking alcohol
Smoking
Truancy – absent in school for 20 days.

CICL (Children in Conflict with the Law) RA 9344 (under 18)

These are the minors that committed a crime which is punishable
by the law. (law violated)
Child at Risk (under 18) RA 9344
Children who are prone/vulnerable to develop conflict with the
law. (no law yet violated)
Diversion – the process to determine child’s liability (45 days)
Diversion Program – CICL proven to have committed an offense
under the philippine law. (only with criminal
liability/admitted).
Intervention Program – series/individualized. Exempted/no
criminal liability.
Types Delinquent Youth.
1. Social – these are the delinquent youth that resent
authority; resent people controlling their behavior.
2. Neurotic – Internalizing his conflict and preoccupied with
his own feelings.
3. Asocial – those children that are cold, brutal and no
remorse.
4. Accidental – socially law abiding children however that
happens at the wrong time, place and people.

Contributory Factors in Juvenile Delinquency.

1. Family – first and most basic institution (prone to
influence), cradle of human personality.
Type of Family
1. Nuclear Family – mother, father and children.
2. Conjugal Family – mother and father. (Spouses = no
children).
3. Extended Family – mother, father, children, relatives.
 4. Blended Family – Includes the combination of one family
with another. Step-sisters/brothers.
Pathogenic Family Structure
Pathogenic – Family with high frequency of problem.
1. Inadequate Family Structure – lacks resources; lacks of
basic needs.
2. Anti-Social Family Structure – unacceptable values.
3. Discordant/Disturbed – values indifferences (always
arguing).
4. Disrupted Family Structure – these are the family
incompleteness (lost of role model)
Example.
Death of one parent
Speration/divorce
Different Kinds of Children
Legitimate – conceived or born inside valid marriage.
Legitimated – child’s birth before valid marriage.
Illegitimate – no valid marriage or void marriage
Adopted – process to legaly adopt.

Types of Illegitimate Child.

Adulterous Child – children born of parents who could not
have married eahc other at the time the child was conceived.
Spurious Child – normal circumstances (no valid marriage or
ayaw magpakasal)
Sacrilegous – child of prist/madre.
Incestuous – relatives (blood relationships)
Manceres – child of prostitute.
Latin Terminologies.
1. Parens Patriae – father of the State (parents cant provide
needs for the childre). Assumption of the state of the role
of guardian over children whose parents are deemed
incapable/unworthy.
2. Patria Potestas – parental authority (minor or under 18)
3. Loco Parentis – temporary guardian (teachers)
4. Guardian Ad Litem – for the lawsuit.
Family Code: Article 213
Custody
Below 7 years old the mother get the custody (General Rule)
Exemption – the mother is unfit to take custody.
 Psychological – upon the age of 7 the child can chose who to
get custody.
Subtitute Parental Authority (Family Code - Article 214) – both
dead (generally) or unfit (if one is alive)(parent).
1. Grandparents – the court will decide who gets the custody.
2. Siblings - with age above 21 years old.
3. Relatives/Guardians – if no grandparents or sibling above 21
years old.
Categories of Children.
1. Dependent Children – without parents; dependent on public
support.
2. Abandoned Children – no parent or guardianship.
6 Months – old law (PD 603)
3 Months – new months to be considered as abandoned child
(RA 9523) (always the latest law if the question is
ambigious).
3. Neglected Child – there is a presence of a parent but not
providing physically and emotional needs.
Phyiscally – lacking of basic needs.
Emotional – maltreated, abused; exploited.

(No partial exemption in criminal liability only totally

exempted).
 Juvenile Justice Process
Crime – law enforcement – initial contact (youth)/ Apprehension
(adult) – custody (Police, Barangay, LSWDO (local Social Welfare
Development Officer - 8 hours) – invesitgation (age
determination) a. birth certificate b. Baptismal Certificate c.
School Record d. Other Documents (with age) e. Presumption of
minority.
Age Determination
(Male Debutant – 21 years old)
15 and below - (15 and 1 day different category) – automatically
exempted from criminal liability (even if major offenses) but
have civil liability (torts – to be paid by the parents) included
in program (intervention program)
12-15 – if committed serious crimes (X no criminal liability) (/
civil liability) – IJISC (Intensive Juvenile Intervention Support
Center).
Above 15 but below 18 – acted without discernment (X criminal
liability) (/ civil liability) (Intervention Program)
Below 18 – vagrancy, mendicancy, prostitution and more.
(victimles crime, no criminal liability and only to be given
Intervention Program).
Above 15 but below 18 (acted with discernment) (Diversion
Program)
Diversion Proceeding (45 days)
Qualified Did not Qualify
1. Application for diversion 1. Parent’s disagreement
program 2. Diversion program is
2. Parent’s agreement inappropiate

Less than 6 years Case Prosecution

Barangay/Law Enforcer
Implementation Diversion Program
Complied
Termination
Did not Comply
Case Prosecution
Guilty – automatic suspension of sentence – incorigible
(immediately execute the sentence – Agricultural Camp/Farm)
Not Guilty - Acquitted

Children Work Employment

RA 9231
Law that prohibits the worst form of labor.
Employment of Child
1. Children who are under 15 are prohibited to be employ except.
2. Child’s employment is under the supervision of his/her
parents.
PROVIDED
Requirements:
1. Employer must ascertain the safety of the child.
2. Shall not institute to exploitation.
Exceptional case
a. Work permit from DOLE (Department of Labor and Employment).
b. Expressly wants/involvement of the child.
Only applicable: under 18.
RA 7610
Under 18
18 and above but cannot responsibly take care of themselves due to
physical and mental
 Working Hours
Under 15 15 and above but below 18.
Max of 4 hours/day Max of 8 hours/day
max of 20 hours/week Max of 40 hours/week
6:00 am – 8:00 pm 6:00 am – 10:00 pm

According to IRR of RA 9231

Trust Fund Savings Account
Not more than 20% shall be given
to the collective family needs.
At least 200,000 annually Not more than 200,00, annually
At least 30% At least 30%

(B)
RA 9262 (Anti-violence Against Women and their Children).
Nature: Public Crime.
Battered Woman Syndrome (2 cycles)
Phase 1: Tension building
Phase 2: Acute battering
Phase 3: Tranquil-loving
Form of Violence (RA 9262)
1. Physical Violence 2. Sexual Violence
 3. Psychological Violence 4. Economic Violence
Offending Party (men, lesbian partners) Offender
1. Former Husband
2. Husband
3. Sexual Relationship (at least one)
4. Dating Relationship (living as husband and wife) common law
spouses. Romantic relationship for a very long time.
Remedies
1. Barangay Protection Order (15 days) issued by Punong
Barangay
2. Temporary Protection Order (30 days) issued by the court
3. Permanent Protection Order (as long as the offender is
alive) issued by the court
Who can institute Criminal Action
1. Offended Party
2. Parent/Guardian
3. Ascendants/Descendants
4. Social Workers of DSWD/NGO/LGU
5. Police Officer (Women’s Desk)
6. Punong Brgy/Kagawad
7. Lawyer/Counselors/Therapists
8. At least 2 or more concerned citizens (personal knowledge).
Where are you going to file a case in relation with RA 9262.
RTC designated as Family Court