CHAPTER 3: THE FAMILY

This chapter consists of the concepts about family, the rights of parents and
children, the kinds of children under the Family Code, the parental authority, the
emancipation and age of majority, and the regulation of Child and Youth Welfare
Services. Furthermore, progress check is provided at the end of this chapter.
THE FAMILY
Segment 1. The Family as an Institution
"The State recognizes the sanctity of family life and shall protect and strengthen
the family as a basic autonomous social institution. It shall equally protect the life of
the mother and the life of the unborn from conception. The natural and primary right
and duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the Government (Art. II,
Sec. 12, Phil. Constitution)."
The family, being the foundation of the nation, is a basic social institution which
public policy cherishes and protects. Consequently, family relations are governed by
law and no custom, practice or agreement destructive of the family shall be
recognized or given effect (Art. 149, FC).
F - Father A – And M – Mother I – I L - Love Y - You
The one reciting the FAMILY is the child. Thus, a family must consist of a father
and a mother as well as child/children. Family quotes below are added which
emphasize the substances of family (see figure 4).
"Family: A social unit where the father is concerned with parking space, the
children with outer space, and the mother with closet space".
By: Evan Esar
"There is no doubt that it is around the family and the home that all the greatest
virtues, the most dominating virtues of human society, are created, strengthened and
maintained".
By: Winston Churchill
Family is the basic social group that is united by blood (consanguinity) or
marriage (affinity); one that generally lives together and participates in economic
cooperation; provides security, socialization and companionship; and aids in the
reproduction and preservation of the human race. It is the most universal social
institution.
Functions of Family
1. Reproduction - The family is a prerequisite for the survival of a society to
replace one generation to the next. However, sexual activities are allowed but
are regulated.
 2. Security - The family serves as a protector for all its members especially
the young and helpless against all kinds of danger.
3. Socialization - It is primarily the social institution that is responsible for the
early development of an individual's personality. In the family, it is instilled in
the child the attitudes, norms, and values.
4. Assignment of Status - It is in the family that the initial ascribed status is
fixed which includes their ethnic and racial status, religious status and also
their class status.
5. Emotional Support - "Home sweet home, for there the heart can rest."
This is perhaps the best way to describe the kind of emotional support a
family can give.
6. Other functions of the family are that it provides the mechanism in terms
of transmittal of inheritance or private property and serves as the economic
base for producing goods and services (Saquilayan, et. al, 2011).
Family Structures
1. Nuclear Family - This refers to a family consisting of a husband and wife
plus their children.
2. Extended Family - This refers to a family consisting of several generations
of blood relatives. This consists of two nuclear families; the family of
orientation and the family of procreation. Anthropologists distinguish between
the family of orientation, that is, the family in which one is born and grows up
or where the individual receives
3. Joint Family - This refers to married children with their spouses and
children living in one residence. The joint family is horizontal in relationship
unlike the extended family which is vertical. Their two generations in a joint
family – the father and son while the extended family has three male
generations - the father, the son, and the grandson.
4. Household - The household may consist of one individual or a hundred
individuals. The individuals may or may not be related to one another. All of
them are considered members of the household having the same residence
and share in the domestic functions. Household is a census term.
5. Truncated Family - This is not a common form of family. This refers to the
grandparent-grandchildren relationship. This form of family happens when
grandparents assume the parental responsibility when the parents die and
they act as surrogate parents. Financial problems of parents could be another
reason why grandparents take on the responsibility as surrogate parents.
6. Stem Family - This refers to family formed by two families – the family of
orientation and the family of procreation. It is similar to the extended family.
The families do not share a common residence but their houses may be
located in the same area. This form of family is typically agricultural. For
example, one male may do farming while the other children work outside the
 farm. Those left in the farm also take care of the other children and receive
share from the farm products (Saquilayan, et. al, 2011)
Models of Family
1. The Corporate Model - The father is the chief executive officer in this
family model. The mother is the operating officer, implements the father's
policy and manages the staff (children) that in turn have privileges and
responsibilities based on their seniority.

2. The Team Model - The father is the head and the mother is the chief of the
training table and cheer leader in this family model. The children, suffering
frequent performance anxiety, play the rules and stay in shape with conformity
calisthenics. In this family, competition is the name of the game, winning is
everything.
3. The Military Model - The father is the general in this model. The mother is
the guard on duty with a special assignment to the nurse corps when needed.
The kids are the grunts. Unruly children are sent to stockade, insubordinate
wives risk discharge. Punishment is swift and sadism is called character
building.
4. The Boarding School Model - This family model views the father as the
rector or head master, is in charge of the training school, mind and bodies.
The mother is the dorm counsellor who oversees the realm emotion, illness,
good works and bedwetting. The children are dutiful students. The parents
have nothing left to learn, there's but taught and test.
5. The Theatrical Model - The father is the producer, plays the role of the
father in this model. The mother is the stage manager, doubles in the part of
the mother and children, the stagehands, also acts the roles of girls and boys.
No writer is necessary because the lines are scripted, the roles are sex
stereotypes, the plot predictable.
Kinship System
Kinship refers to human relations based on biological descent and marriage. It is
founded on social differences and cultural creations.
Types of Kinship
1. Consanguinity - It refers to the links between blood relatives.
2. Affinity - It refers to the links between relatives by marriage.
Agents of Socialization
1. Family - The family is the most important agent in socialization. It plays an
important role and has a special responsibility. It is usually the most influential
group in the life of the child. It is also in the family that the formative years and
the development of the self and one's personality have its crucial
 undertakings. From the family the child is given care, emotional support,
medical attention, shelter, education and other basic support needs.
2. School - The school is a formal agent of socialization. Children weaned
from home are then introduced into the society. It is in the school where
emotional and intellectual growths are formally forged. Here they learn the
basic formal instruction in the 5Rs of education which are Reading, wRiting,
aRithmetic, Rational thinking and Right conduct.
From this agency the child is gradually equipped to take on their various roles in
the society. The schools are responsible in implanting various fields of knowledge to
prepare the children for adulthood and become productive, effective and responsible
citizens.
Our states Constitution that, "all educational institutions shall aim to inculcate love
of country, teach the duties of citizenship, and develop moral character, personal
discipline, and scientific, technological, and vocational efficiency."

3. Peers - The peer groups are another very potential agent of socialization.
As the child grows, the role of the family in socialization is gradually
supplemented and at times replaced by the peer group. The peer group is an
informal grouping of two or more individuals, about the same age levels,
neighborhood, school or friends. Others call the peer group a gang or is
commonly called barkada. This is a group where parents have no controls.
Considering that they belong to about the same age level, they have their own
"culture" and "language" distinct to them. A strong sense of camaraderie or
belongingness pervades their relationship. In a peer group, one can observe
that the group has no definite set of objectives or goals except
companionship. The depth of this relationship is expressed in the values of
pakikisama, damayan or utang na loob. Damayan issynonymous to
pakikisama.
4. Mass Media - Mass media may be in the form of print, broadcast, or
electronic. Thus, almost everyone could be reached and influenced due to its
tri-media system. The mass media is a socializing agent primarily to inform,
entertain and educate. It covers a wide field of interest and the whole society
is its audience, that is, from children to adults.
The influence of mass media could either be for good or bad. That is why
one will notice that, there are media materials labeled as for general
audiences, restricted or for adults only as the case may be. On TV shows for
example, programs specifically designed for children have specific time slots
while those that are strictly for adults have different schedules.
5. Religion - Religion is an agent of socialization that can assist in giving a
society a sense of direction. Morals and values which are inherent in religion
can give guidance about what is appropriate in terms of roles and behaviors
of a society or individual. It is taught I religion, for instance, "honor your father
 and your mother," and likewise concretely expressed in the family by way of
"mano po," and similar ways of showing respect in school to our teachers who
are acting as parents in school (Saquilayan, et. al, 2011).
Rights and Obligations between Husband and Wife
The husband and wife are obliged:
1. To live together;
2. Observe mutual love, respect and fidelity; and
3. Render mutual help and support (Art. 68, FC, Desiderio, 2006)
Family relations include those:
1. Between husband and wife;
2. Between parents and children;
3. Among other ascendants and descendants; and
4. Among brothers and sisters, whether of the full or half-blood
(Art. 50, FC, Desiderio, 2006).

Fig. 4: A Quote for Family

The Family Home

The family home, constituted jointly by the husband and the wife or by an
unmarried head of a family, is the dwelling house where they and their family reside,
and the land on which it is situated (Art. 152, FC).
The family home is deemed constituted on a house and lot from the time it is
occupied as a family residence. From the time of its constitution and so long as any
of its beneficiaries actually resides therein, the family home continues to be such and
is exempt from execution, forced sale or attachment except as hereinafter provided
and to the extent of the value allowed by law (Art. 153, FC, Desiderio, 2006).
The beneficiaries of a family home are:
1. The husband and wife, or a single person who is the head of a family; and
2. Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home and
who depend upon the head of the family for legal support (Art. 154, FC,
Desiderio, 2006).
Segment 2. Rights and Duties of Parents
Primary Right of Parents
The parents shall have the right to the company of their children and, in relation to
all other persons or institutions dealing with the child's development, the primary right
and obligation to provide for their upbringing (Art. 43, PD 603).
Right to Discipline Child
Parents have the right to discipline the child as may be necessary for the
formation of his good character, and may therefore require from him obedience to
just and reasonable rules, suggestions and admonitions (Art. 45, PD 603).
Duties of Parents are:
1. give him affection, companionship and understanding;
2. extend to him the benefits of moral guidance, self-discipline and religious
instruction;
3. supervise his activities, including his recreation;
4. inculcate in him the value of industry, thrift and self-reliance
5. stimulate his interest in civic affairs, teach him the duties of citizenship, and
develop his commitment to his country;
6. advise him properly on any matter affecting his development and well-
being;
7. always set a good example;
8. provide him with adequate support;
9. administer his property, if any, according to his best interests, subject to the
provisions of Article 320 of the Civil Code (Desiderio, 2006).
“Art. 320 of the Civil Code: The father, or in his absence the mother, is the legal
administrator of the property pertaining to the child under parental authority. f the
property is worth more than two thousand pesos, the father or mother shall give a
bond subject to the approval of the Court of First Instance".
Note: Parents shall endeavor to discover the child's talents or aptitudes, if any, and
to encourage and develop them. If the child is especially gifted, his parents shall
report this fact to the National Center for Gifted Children or to other agencies
concerned so that official assistance or recognition may be extended to him.
Liabilities of Parents
Parents and guardians are liable for the damage caused by the child under their
parental authority (Art. 58, PD 603).
Criminal liability shall be attached to any parent who:
1. Conceals or abandons the child with intent to make such child lose his civil
status
2. Abandons the child under such circumstances as to deprive him of the love,
care and protection he needs.
3. Sells or abandons the child to another person for valuable consideration.
4. Neglects the child by not giving him the education which the family's station
in life and financial conditions permit.
5. Fails or refuses, without justifiable grounds, to enroll the child.
6. Causes, abates, or permits the truancy of the child from the school where
he is enrolled. Truancy, as here used means absence without cause, for more
than twenty schooldays, not necessarily consecutive. It shall be the duty of
the teacher in charge to report to the parents the absences of the child the
moment these exceed five schooldays.
7. Improperly exploits the child by using him, directly or indirectly, such as for
purposes of begging and other acts which are inimical to his interest and
welfare.
8. Inflicts cruel and unusual punishment upon the child or deliberately subjects
him to indignations and other excessive chastisement that humiliates him.
9. Causes or encourages the child to lead an immoral or dissolute life.
10. Permits the child to possess, handle or carry deadly weapon, regardless
of its ownership.
11. Allows or requires the child to drive without a license or with a license
which the parent knows to have been illegally procured. If the motor vehicle
driven by the child belongs to the parent, it shall be presumed that he
permitted or ordered the child to drive (Desiderio, 2006)
Note: Parents, as here used shall include the guardian and the head of the
institution or foster home which has custody of the child.
Paternity and Affiliation
The filiations of children may be by nature or by adoption.
Natural filiations may be legitimate or illegitimate (Art. 163).
Segment 3. Different Kinds of Children under the Family Code
1. Legitimate Children 3. Legitimated Children
2. Illegitimate Children 4. Adopted Children
1. Legitimate Children
Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of
the husband or that of a donor or both are likewise legitimate children of the husband
and his wife, provided, that both of them authorized or ratified such insemination in a
written instrument executed and signed by them before the birth of the child.
Further, the instrument shall be recorded in the civil registry together with the birth
certificate of the child (Art. 164, FC).
Rights of Legitimate Children are:
1. To bear the surnames of the father and the mother in conformity with the
provisions of the Civil Code on Surnames;
2. To receive support from their parents, their ascendants, and in proper
cases, their brothers and sisters, in conformity the provisions of this Code on
Support; and
3. To be entitled to the legitimate and other successional rights (legitime)
granted to them by the Civil Code (Art. 174 FC).
Legitimacy of a child may be impugned only on the following grounds:
1. That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days which
immediately preceded the birth of the child because of:
a. the physical incapacity of the husband to have sexual intercourse with
his wife;
b. the fact that the husband and wife were living separately in such a way
that sexual intercourse was not possible; or
c. serious illness of the husband, which absolutely prevented sexual
intercourse;
2. That it is proved that for biological or other scientific reasons, the child
could not have been that of the husband, except in the instance provided in
the second paragraph of Article 164, FC.; or
3. That in case of children conceived through artificial insemination, the
written consent or ratification of either parent was obtained through mistake,
fraud, violence, intimidation, or undue influence (Art. 166, FC).
If the marriage is terminated and the mother contracted another marriage
within (300) three hundred days after such termination of the former marriage,
these rules shall govern in the absence of proof to the contrary:
1. A child born before (180) one hundred eighty days after the solemnization
of the subsequent marriage is considered to have been conceived during the
former marriage, provided it be born within three hundred days after the
termination of the former marriage;
2. A child born after (180) one hundred eighty days following the celebration
of the subsequent marriage is considered to have been conceived during
such marriage, even though it be born within the three hundred days after the
termination of the former marriage (Art. 168, FC).
2. Illegitimate Children
Children conceived and born outside a valid marriage are illegitimate, unless
otherwise provided by Family Code (Art. 165, FC).
3. Legitimated Children
Only children conceived and born outside of wedlock of parents who, at the time
of the conception of the former, were not disqualified by any impediment to marry
each other may be legitimated. Legitimation shall take place by a subsequent valid
marriage between parents. The annulment of a voidable marriage shall not affect the
legitimation. Legitimated children shall enjoy the same rights as legitimate children
(Arts. 177-178, FC).
4. Adopted Children
Adoption may be defined as the juridical act which creates between 2 (two)
persons a relationship similar to that which results from legitimate paternity and
filiation (Arts. 183-193, FC).
Who may adopt?
1. A person of age and in possession of full civil capacity and legal rights may
adopt, provided he is in a position to support and care for his children,
legitimate or illegitimate, in keeping with the means of the family.
2. The guardian with respect to the ward prior to the approval of the final
accounts rendered upon the termination of their guardianship relation;
3. Any person who has not been convicted of a crime involving moral
turpitude;
4. An alien, provided:
a. A former Filipino citizen who seeks to adopt a relative by consanguinity:
b. One who seeks to adopt the legitimate child of his or her Filipino
spouse; or
 c. One who is married to a Filipino citizen and seeks to adopt jointly with
his or her spouse a relative by consanguinity of the latter.

Aliens not included in the foregoing exceptions may adopt Filipino children in
accordance with the rules on inter-country adoptions as may be provided by law (28a
E. O. 91 and PD 603).
The following may not be adopted :
1. A person of legal age, unless he or she is a child by nature of the adopter
or his or her spouse, or, prior to the adoption, said person has been
consistently considered and treated by the adopter as his or her own child
during minority;
2. An alien with whose government the Republic of the Philippines has no
diplomatic relations; and
3. A person who has already been adopted unless such adoption has been
previously revoked or rescinded (Art. 187, FC, 30a, E. O. 91 and PD 603).
The written consent of the following parties to the adoption shall be
necessary:
1. The person to be adopted, if ten years of age or over,
2. The parents by nature of the child, the legal guardian, or the proper
government instrumentality;
3. The legitimate and adopted children, ten years of age or over, of the
adopting parent or parents;
4. The illegitimate children, ten years of age or over, of the adopting parent, if
living with said parent and the latter's spouse, if any; and
5. The spouse, if any, of the person adopting or to be adopted (Art. 188, FC,
31a, E. O. 91 and PD 603).
However, judicial rescission of the adoption shall extinguish all reciprocal rights
and obligations between the adopters and the adopted arising from the relationship
of parent and child. The adopted shall likewise lose the right to use the surnames of
the adopters and shall resume his surname prior to the adoption (Desiderio, 2006)
Note: Only minors may be adopted, except in cases when the adoption of a
person of majority age is allowed in this Title. In addition, the adopter must be at (16)
least sixteen years older than the person to be adopted, unless the adopter is the
parent by nature of the adopted, or is the spouse of the legitimate parent of the
person to be adopted (27a E. O. 91 and PD 603, Desiderio, 2006).
Support
 Support comprises everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial
capacity of the family (Art. 194, FC)
The education of the person entitled to be supported referred to in the preceding
paragraph shall include his schooling or training for some profession, trade or
vocation, even beyond the age of majority. Transportation shall include expenses in
going to and from school, or to and from place of work.
Subject to the provisions of the succeeding articles, the following are obliged
to support each other to the whole extent set forth in the preceding article:
1. The spouses;
2. Legitimate ascendants and descendants;
3. Parents and their legitimate children and the legitimate and illegitimate
children of the latter;
4. Parents and their illegitimate children and the legitimate and illegitimate
children of the latter; and
5. Legitimate brothers and sisters, whether of full or half-blood (Art. 105, FC).
Segment 4. Parental Authority
Pursuant to the natural right and duty of parents over the person and property of
their unemancipated children, parental authority and responsibility shall include the
caring for and rearing them for civic consciousness and efficiency and the
development of their moral, mental and physical character and well-being (Art. 209,
FC).
The father and the mother shall jointly use parental authority over the persons of
their common children. In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary (Art. 211, FC).
Children shall always observe respect and reverence towards their parents and
are obliged to obey them as long as the children are under parental authority. In
case of absence or death of either parent, the parent present shall continue
exercising parental authority. The remarriage of the surviving parent shall not affect
the parental authority over the children, unless the court appoints another person to
be the guardian of the person or property of the children (Art. 212, FC).
In case of separation of the parents, parental authority shall be exercised by the
parent designated by the Court. The Court shall take into account all relevant
considerations, especially the choice of the child over seven years of age, unless the
parent chosen is unfit (Art. 213, FC).
In case of death, absence or unsuitability of the parents, substitute parental
authority shall be exercised by the surviving grandparent. In case several survive,
the one designated by the court, taking into account the same consideration
mentioned in the preceding article, shall exercise the authority (Art. 214, FC).
 No descendant shall be compelled, in a criminal case, to testify against his
parents and grandparents, except when such testimony is indispensable in a crime
against the descendant or by one parent against the other (Art. 215, FC, Desiderio,
2006).

Substitute and Special Parental Authority

In default of parents or judicially appointed guardian, the following shall exercise
substitute parental authority over the child in the order indicated:
1. The surviving grandparent, as provided in Art. 214, FC;
2. The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified; and
3. The child's actual custodian, over twenty-one years of age, unless unfit or
disqualified (Art. 216, FC):
Effect of Parental Authority upon the Children
The parents and those exercising parental authority shall, with respect to their
unemancipated children onwards, have the following rights and duties:
1. To keep them in their company, to support, educate and instruct them by
right precept and good example, and to provide for their upbringing in keeping
with their means;
2. To give them love and affection, advice and counsel, companionship and
understanding:
3. To provide them with moral and spiritual guidance, inculcate in them
honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate
their interest in civic affairs, and inspire in them compliance with the duties of
citizenship:
4. To furnish them with good and wholesome educational materials, supervise
their activities, recreation and association with others, protect them from bad
company, and prevent them from acquiring habits detrimental to their health,
studies and morals;
5. To represent them in all matters affecting their interests;
6. To demand from them respect and obedience;
7. To impose discipline on as may be required under the circumstances; and
8. To perform such other duties as are imposed by law upon parents and
guardians (Art. 220, FC, Desiderio, 2006).
Suspension or Termination of Parental Authority
Parental authority terminates permanently:
1. Upon the death of the parents;
2. Upon the death of the child; or
3. Upon emancipation of the child (Art. 228, FC).
Unless subsequently revived by a final judgment, parental authority also terminates:
1. Upon adoption of the child;
2. Upon appointment of a general guardian;
3. Upon judicial declaration of abandonment of the child in a case filed for the
purpose;
4. Upon final judgment of a competent court divesting the party concerned of
parental authority; or
5. Upon judicial declaration of absence or incapacity of the person exercising
parental authority (Art. 229, FC.).
However, parental authority is suspended upon conviction of the parent or the
person exercising the same of a crime which carries with it the penalty of civil
interdiction. The authority is automatically reinstated upon service of the penalty or
upon pardon or amnesty of the offender (Art. 230, FC).
The court in an action filed for the purpose in a related case may also suspend
parental authority if the parent or the person exercising the same:
1. Treats the child with excessive harshness or cruelty;
2. Gives the child corrupting orders, counsel or example;
3. Compels the child to beg; or
4. Subjects the child or allows him to be subjected to acts of lasciviousness
(Art. 231, FC).
The grounds enumerated above are deemed to include cases which have
resulted from culpable negligence of the parent or the person exercising parental
authority. If the person exercising parental authority has subjected the child or
allowed him to be subjected to sexual abuse, such person shall be permanently
deprived by the court of such authority (Art. 232, FC.).
The person exercising substitute parental authority shall have the same authority
over the person of the child as the parents (Art. 233, FC.).
In no case shall the school administrator, teacher of individual engaged in child
care exercising special parental authority inflict corporal punishment upon the child
(Desiderio, 2006).
Segment 5. Emancipation and Age of Majority
Emancipation – Emancipation is the release of a person from parental authority
whereby he becomes capacitated for civil life.

When does emancipation takes place?

Ans.: Emancipation takes place:
1. By the attainment of majority;
2. By the marriage of the minor;
3. By the recording in the Civil Register of an agreement in a public instrument
executed by the parent exercising parental authority and the minor at least
eighteen (18) years of age;
4. By the recording in the Civil Register of an agreement in a public instrument
executed by the parent exercising parental authority and the minor at least
eighteen (18) years of age but the agreement must be approved by the court
before it is recorded (Arts. 234, 235, FC).
When does majority commence and what is the effect thereof?
Ans.: Unless otherwise provided, majority commences at the age of 18 years
(Art. 234, FC.) as amended by R.A. No. 6809).
Emancipation for any cause shall terminate parental authority over the person
and property of the child who shall then be qualified and responsible for all acts of
civil life, save the exceptions established by existing laws in special cases. Further,
contracting marriage, however, shall require parental consent until the age of 21.
Care and Education of Children
Every child:
1. Is entitled to parental care;
2. Shall receive at least elementary education;
3. Shall be given moral and civic training by the parents or guardian;
4. Has a right to live in an atmosphere conducive to his physical, moral and
intellectual development.
Every child shall:
1. Obey and honor his parents or guardian;
2. Respect his grandparents, old relatives, and persons holding substitute
parental authority;
3. Exert his utmost for his education and training;
 4. Cooperate with the family in all matters that make for the good of the same.
Every parent and every person holding substitute parental authority shall see to it
that the rights of the child are respected and his duties complied with, and shall
particularly, by precept and example, imbue the child with high-mindedness, love of
country, veneration for the national heroes, fidelity to democracy as a way of life, and
attachment to the ideal of permanent world peace.
The Council for the Protection of Children shall look after the welfare of children in
the municipality. It shall, among other functions:
1. Foster the education of every child in the municipality;
2. Encourage the cultivation of the duties of parents;
3. Protect and assist abandoned or mistreated children, and orphans;
4. Take steps to prevent juvenile delinquency;
5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds;
7. Coordinate the activities of organizations devoted to the welfare of children,
and secure their cooperation.
Juvenile courts will be established, as far as practicable, in every chartered city or
large municipality. Whenever a child is found delinquent by any court, the father,
mother, or guardian may in a proper case be judicially admonished. In all questions
on the care, custody, education and property of children the latter's welfare shall be
paramount. No mother shall be separated from her child under seven years of age,
unless the court finds compelling reasons for such measure (Desiderio, 2006).
Segment 6. Regulation of Child and Youth Welfare Services
Public and private child and youth welfare agencies providing encouragement,
care, and protection to any category of children and youth whether mentally gifted,
dependent, abandoned, neglected, abused, handicapped, disturbed, or youthful
offenders, classified and defined as follows, shall be coordinated by the Department
of Social Welfare (Art. 117, PD 603):
1. A Child-caring Institution
It provides twenty-four hour resident group care service for the physical, mental,
social and spiritual well-being of nine or more mentally gifted, dependent,
abandoned, neglected, handicapped or disturbed children, or youthful offenders.
An institution, whose primary purpose is education, is deemed to be a child-caring
institution when nine or more of its pupils or wards in the ordinary course of events
do not return annually to the homes of their parents or guardians for at least two
months of summer vacation.
2. A Detention Home
 It is a twenty-four hour child-caring institution providing short term resident care
for youthful offenders who are awaiting court disposition of their cases or transfer to
other agencies or jurisdiction.
3. A Shelter-care Institution
It provides temporary protection and care to children requiring emergency
reception as a result of fortuitous events, abandonment by parents, dangerous
conditions of neglect or cruelty in the home, being without adult care because of
crisis in the family, or a court order holding them as material witnesses.

4. Receiving Homes
It is a family-type home which provides temporary shelter from ten to twenty days
for children who shall during this period be under observation and study for eventual
placement by the Department of Social Welfare. The number of children in a
receiving home shall not at any time exceed nine: Provided, that no more than two of
them shall be under three years of age.
5. A Nursery
It is a child-caring institution that provides care for six or more children below six
years of age for all or part of a twenty-four hour day, except those duly licensed to
offer primarily medical and educational services.
6. A Maternity Home
It is an institution of residence whose primary function is to give shelter and care
to pregnant women and their infants before, during and after delivery.
7. A Rehabilitation Center
An institution that receives and rehabilitates youthful offenders or other disturbed
children.
8. A Reception and Study Center
An institution that receives for study, diagnosis, and temporary treatment, children
who have behavioral problems for the purpose of determining the appropriate care
for them or recommending their permanent treatment or rehabilitation in other child
welfare agencies.
9. A Child-placing Agency
It is an institution or person assuming the care, custody, protection and
maintenance of children for placement in any child - caring institution or home or
under the care and custody of any person or persons for purposes of adoption,
guardianship or foster care. The relatives of such child or children within the sixth
degree of consanguinity or affinity are excluded from this definition.
Special Categories of Children
1. A Dependent Child
One who is without a parent, guardian or custodian; or one whose parents,
guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.

2. An Abandoned Child
A child who has no proper parental care or guardianship, or whose parents or
guardians have deserted him for a period of at least six continuous months.
3. A Neglected Child
A child is neglected if his/her basic needs have been deliberately unattended or
inadequately attended. Neglect may occur in two ways:
a. Physical Neglect - There is physical neglect when the child is
malnourished, ill clad and without proper shelter. A child is unattended when
left by himself without provisions for his needs and/or without proper
supervision.
b. Emotional Neglect - It exists when children are maltreated, raped or
seduced; when children are exploited, overworked or made to work under
conditions not conducive to good health; or are made to beg in the streets or
public places, or when children are in moral danger, or exposed to gambling,
prostitution and other vices.
4. Commitment or Surrender of a Child
It is the legal act of entrusting a child to the care of the Department of Social
Welfare or any duly licensed child placement agency or individual. It could be done
in the following manner:
a. Involuntary Commitment - In case of a dependent child, or through the
termination of parental or guardianship rights by reason of abandonment,
substantial and continuous or repeated neglect and/or parental incompetence
discharge parental responsibilities, and in the manner, form and procedure
hereinafter prescribed.
b. Voluntary Commitment - Through the relinquishment of parental or
guardianship rights in the manner and form hereinafter prescribed (Desiderio,
2006).
Mentally Retarded, Physically Handicapped, Emotionally Disturbed and
Mentally Ill Children
1. Mentally Retarded Children
Mentally retarded children are (1) socially incompetent, that is, socially
inadequate and occupationally incompetent and unable to manage their own affairs;
(2) mentally subnormal; (3) retarded intellectually from birth or early age; (4) retarded
at maturity; (5) mentally deficient as a result of constitutional origin, hereditary or
disease, and (6) essentially incurable (Art. 168, PD 603).

Classification of Mental Retardation

a. Custodial Group
Members of this classification are severely or profoundly retarded; the least
capable group. This includes those with 1.05 to 25.
b. Trainable Group
The members of this group consist of those with I.Qs from about 25 to about 50;
one who belongs to this group shows a mental level and rate of development which
is 1/4 to 1/2 that of the average child, is unable to acquire higher academic skills, but
can usually acquire the basic skills for living to a reasonable degree. He can likewise
attain a primary grade level of education if he receives effective instruction.
c. Educable Group
This group's I.Q. ranges from about 50 to about 75, and the intellectual
development is approximately 1/2 to 3/4 of that expected of a normal child of the
same chronological age. The degree of success or accomplishment that they will
reach in life depends very much on the quality and type of education they receive, as
well as on the treatment at home and in the community. Many of the educable
retardates may reach 5th or 6th grade educational level and can develop
occupational skills which may result in partial or complete economic independence in
adulthood.
d. Borderline or Low Normal Group
This is the highest group of mentally retarded, with 1.Q.s from about 75 to about
89. The members of this classification are only lightly retarded and they can usually
get by in regular classes if they receive some extra help, guidance and
consideration. They have to spend much more time with their studies than do most
children in order to pass. Those who cannot make it are usually handicapped by one
or more other conditions aside from that of intelligence (Art. 169, PD 603).
Physically Handicapped Children
Physically handicapped children are those who are crippled, aeaf-mute, blind, or
otherwise defective which restricts their means of action on communication with
others (Art. 170, PD 603).
3. Emotionally Disturbed Children
 Emotionally disturbed children are those who, although not afflicted with insanity
or mental defect, are unable to maintain normal social relations with others and the
community in general due to emotional problems or complexes (Art. 171, PD 603).
4. Mentally Ill Children
Mentally ill children are those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require professional help or
hospitalization (Art. 172, PD 603).
Admission of Disabled Children
The Department of Social Welfare, upon the application of the parents or
guardians and the recommendation of any reputable diagnostic center or clinic, shall
refer and/or admit disabled children to any public or private institution providing the
proper care, training and rehabilitation (Art. 173, PD 603).
Disabled children as used in this Chapter shall include mentally retarded,
physically handicapped, emotionally disturbed, and severe mentally ill children.
Training and Opportunities for Disabled Children
Specialized educational services shall be expanded and improved to provide
appropriate opportunities for disabled children. Vocational rehabilitation and
manpower conservation agencies shall train disabled children for specialized types
of jobs, services and business which could be learned only by them and shall help
provide opportunities for their future occupational placement: That the agencies and
organizations engaged in programs and services for the disabled need not be limited
to minors. Persons of legal age may be admitted whenever facilities are available for
them (Art.174, PD 603).
CHAPTER 4: THE NEW HOPE FOR JUVENILE DELINQUENTS
This chapter presents an introduction about Republic Act 9344, the diversion of
children in conflict with the law, the proper procedures granted upon juvenile
delinquents, as well as the rehabilitation and reintegration of juvenile delinquents.
Furthermore, progress check is provided at the end of this chapter.

THE NEW HOPE FOR JUVENILE DELINQUENTS

"The child must know that he is a miracle, that since the beginning of the world
there hasn't been, and until the end of the world there will not be, another child like
him"
By: Pablo Casals
Segment 1. A Glimpse on Republic Act No. 9344
"An Act Establishing a Comprehensive Juvenile Justice and Welfare System,
Creating the Juvenile Justice Welfare Council under the Department of Justice,
Appropriating Funds Therefore and for other Purposes".
This Act shall be known as the "Juvenile Justice and Welfare Act of 2006." It
shall cover the different stages involving children at risk and children in conflict with
the law from prevention to rehabilitation and reintegration.
Why a new law on Juvenile Justice?
Republic Act 9344 is the first juvenile law that protects the rights of children in
conflict with the law (CICL). This provides them the opportunity and chance, thru
alternative child-friendly measures, to be reformed and be reintegrated into their
family and Community as a productive member of society. Juveniles in conflict With
the law are victims of circumstances beyond their control who should be treated as
individuals with a problem who need help and need to be provided with appropriate
assistance and services to ensure the full protection of their rights for survival,
protection, development and participation.
Declaration of State Policy
The following State policies shall be observed at all times:
a. The State recognizes the vital role of children and youth in nation building
and shall promote and protect their physical, moral, spiritual, intellectual and
social well-being, It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs (Phil. Constitution Art.
2, Sec. 13).
b. The State shall protect the best interests of the child through measures that
will ensure the observance of international standards of child protection,
especially those to which the Philippines is a party. Proceedings before any
authority shall be conducted in the best interest of the child and in a manner
which allows the child to participate and to express himself/herself freely. The
 participation of children in the program and policy formulation and
implementation related to juvenile justice and welfare shall be ensured by the
concerned government agency.
c. The State likewise recognizes the right of children to assistance, including
proper care and nutrition, and special protection from all forms of neglect,
abuse, cruelty and exploitation, and other conditions prejudicial to their
development.
d. Pursuant to Article 40 of the United Nations Convention on the Rights of
the Child, the State recognizes the right of every child alleged as, accused of,
adjudged, or recognized as having infringed the penal law to be treated in a
manner consistent with the promotion of the child's sense of dignity and worth,
taking into account the child's age and desirability of promoting his/her
reintegration. Whenever appropriate and desirable, the State shall adopt
measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully
respected. It shall ensure that children are dealt with in a manner appropriate
to their well-being by providing for, among others, a variety of disposition
measures such as care, guidance and supervision orders, counselling,
probation, foster care, education and vocational training programs and other
alternatives to institutional care.
e. The administration of the juvenile justice and welfare system shall take into
consideration the cultural and religious perspectives of the Filipino people,
particularly the indigenous peoples and the Muslims, consistent with the
protection of the rights of children belonging to these communities.
f. The State shall apply the principles of restorative justice in all its laws,
policies and programs applicable to children in conflict with the law (Sec. 2,
RA 9344).
Principles in the Administration of Juvenile Justice and Welfare Rights of the
Child in Conflict with the Law
Every child in conflict with the law shall have the following rights, including but not
limited to:
a. the right not to be subjected to torture or other cruel, inhuman or degrading
treatment or punishment;
b. the right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
c. the right not to be deprived, unlawfully or arbitrarily, of his/ her liberty;
detention or imprisonment being a disposition of last resort, and which shall
be for the shortest appropriate period of time; d. the right to be treated with
humanity and respect, for the inherent dignity of the person, and in a manner
which takes into account the needs of a person of his/her age In particular, a
child deprived of liberty shall be separated from adult offenders at all times.
No child shall be detained together with adult offenders. He or she shall be
 conveyed separately to or from court. He or she shall await hearing of his/her
own case in a separate holding area. A child in conflict with the law shall have
the right to maintain contact with his/her family through correspondence and
visits, save in exceptional circumstances;
e. the right to prompt access to legal and other appropriate assistance, as well
as the right to challenge the legality of the deprivation of his/her liberty before
a court or other competent, independent and impartial authority, and to a
prompt decision on such action;
f. the right to bail and recognizance, in appropriate cases; g. the right to testify
as a witness in his/her own behalf under the rule on examination of a child
witness;
h. the right to have his/her privacy respected fully at all stages of the
proceedings;
i. the right to diversion if he/she is qualified and voluntarily avails of the same
j. the right to be imposed a judgment in proportion to the gravity of the offense
where his/her best interest, the rights of the victim and the needs of society
are all taken into consideration by the court, under the principle of restorative
justice;
k. the right to have restrictions on his/her personal liberty limited to the
minimum, and where discretion is given by law to the judge to determine
whether to impose fine or imprisonment, the imposition of fine being preferred
as the more appropriate penalty; . in general, the right to automatic
suspension of sentence;
m. the right to probation as an alternative to imprisonment, if qualified under
the Probation Law;
n. the right to be free from liability for perjury, concealment or
misrepresentation; and
o. other rights as provided for under existing laws, rules and regulations.
The State further adopts the provisions of the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice or "Beijing Rules", United Nations
Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines",
and the United Nations Rules for the Protection of Juveniles Deprived of Liberty
(Sec. 5, RA 9344).
Structures in the Administration of Juvenile Justice and Welfare Juvenile
Justice and Welfare Council (JJWC)
A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to
the Department of Justice and placed under its administrative supervision. The
JJWC shall be chaired by a undersecretary of the Department of Social Welfare and
Development. It shall ensure the effective implementation of this Act and
coordination among the following agencies:
 a. Council for the Welfare of Children (CWC);
b. Department of Education (DepEd);
c. Department of the Interior and Local Government (DILG);
d. Public Attorney's Office (PA0); e. Bureau of Corrections (BUCOR);
f. Parole and Probation Administration (PPA) g. National Bureau of
Investigation (NBI);
h. Philippine National Police (PNP);.
i. Bureau of Jail Management and Penology (BJMP);
j. Commission on Human Rights (CHR); k. Technical Education and Skills
Development Authority (TESDA);
I. National Youth Commission (NYC); and
m. Other institutions focused on juvenile justice and intervention programs.
The JJWC shall be composed of representatives, whose ranks shall not be lower
than director, to be designated by the concerned heads of the following departments
or agencies:
a. Department of Justice (DOJ);
b. Department of Social Welfare and Development (DSWD);
c. Council for the Welfare of Children (CWC);
d. Department of Education (DepEd);
e. Department of the Interior and Local Government (DILG);
f. Commission on Human Rights (CHR);
g. National Youth Commission (NYC); and
h. Two (2) representatives from NGOs, one to be designated by the Secretary
of Justice and the other to be designated by the Secretary of Social Welfare
and Development (Sec. 8, RA 9344).
Duties and Functions of the JJWC
The JJWC shall have the following duties and functions:
a. To oversee the implementation of this Act;
b. To advise the President on all matters and policies relating to juvenile
justice and welfare;
c. To assist the concerned agencies in the review and redrafting of existing
policies/regulations or in the formulation of new ones in line with the
provisions of this Act;
 d. To periodically develop a comprehensive 3 to 5-year national juvenile
intervention program, with the participation of government agencies
Concerned, NGOS and youth organizations;
e. To coordinate the implementation of the juvenile intervention programs and
activities by national government agencies and other activities that may have
an important bearing on the success of the entire national juvenile intervention
program. All programs relating to juvenile justice and welfare shall be adopted
in consultation with the JJWC;
f. To formulate and recommend policies and strategies in consultation with
children for the prevention of juvenile delinquency and the administration of
justice, as well as for the treatment and rehabilitation of the children in conflict
with the law;
g. To collect relevant information and conduct continuing research and
support evaluations and studies on all matters relating to juvenile justice and
welfare, such as but not limited to:
1. the performance and results achieved by juvenile intervention
programs and by activities of the local government units and other
government agencies;
2. the periodic trends, problems and causes of juvenile delinquency
and crimes; and
3. the particular needs of children in conflict with the law in custody.
The data gathered shall be used by the JJWC in the improvement of
the administration of juvenile justice and welfare system. The JJWC
shall set up a mechanism to ensure that children are involved in
research and policy development.
h. Through duly designated persons and with the assistance of the agencies
provided in the preceding section, to conduct regular inspections in detention
and rehabilitation facilities and to undertake spot inspections on their own
initiative in order to check compliance with the standards provided herein and
to make the necessary recommendations to appropriate agencies;
i. To initiate and coordinate the conduct of trainings for the personnel of the
agencies involved in the administration of the juvenile justice and welfare
system and the juvenile intervention program;
j. To submit an annual report to the President on the implementation of this
Act; and
k. To perform such other functions as may be necessary to implement the
provisions of this Act (Sec. 9, 9344).
What is Restorative Justice?
 Restorative Justice is the right way of resolving conflicts with the maximum
involvement of the victim, offender and the community with the end goal of healing
and resolution and reintegration of the offender into the society.
Minimum Age of Criminal Responsibility
A child fifteen (15) years of age or under at the time of the commission of the
offense shall be exempt from criminal liability. However, the child shall be subjected
to an intervention program pursuant to Section 20 of this Act (SEC. 6).
A child above fifteen (15) years but below eighteen (18) years of age shall
likewise be exempt from criminal liability and be subjected to an intervention
program, unless he/she has acted with discernment, in which case, such child shall
be subjected to the appropriate proceedings in accordance with this Act. Exemption
from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
Why raise the age of criminal exemption from 9 to 15 years old?
Fifteen (15) years old is within the stage of adolescence - the transition age l
which is characterized by curiosity, try-outs, and identity crisis. These circumstances
expose them to risky and delinquent behavior. At this age, children are not yet
emotionally stable and their social judgment has not yet matured.
This has been confirmed by existing studies on "Arrested Development: The
Level of Discernment of Out-of-School Children and Youth" conducted by the
Philippine Action for Youth Offenders (PAYO) and "Beyond Innocence: A Study on
the Age of Discernment of Filipino Children" by the Council for the Welfare of
Children.
Will CICL who are criminally exempt just go scot free?
No. The child will undergo an intervention program as agreed upon with the social
worker, or CICL and his/her family and the victim. The program will include activities
and services that will help the CICL in gaining insight into his behavior, attitude and
values and redirect counter-productive behavior patterns and anti- social attitudes
into more productive and constructive ones.
The CICL and his/her family will regularly report to the social worker and adhere
to the agreed intervention program.
What is Intervention?
Intervention refers to a series of activities designed to address issues that caused
the child to commit an offense. It may take an individualized treatment program
which includes counseling, skills training, education, and other activities that will
enhance his/her psychological, emotional and psycho-social well- being.
The intervention program involves the case management process to include
assessment, planning, implementation, monitoring and evaluation. This will ensure
careful and in-depth study of the case to ensure its proper handling and the provision
of appropriate programs and services.
Where will victims or parties aggrieved by children in conflict with the law seek
justice?
There are laws that protect the rights of victims which include, among others are
the following:
a. Republic Act 7610 - Special Protection of Children against Abuse,
Exploitation and Discrimination Act;
b. Republic Act 9208 - Anti-Trafficking in Persons Act of 2003;
c. Republic Act 9262 - Anti-Violence against Women and Their Children Act
of 2004;
d. Republic Act 9231 - An act providing for the elimination of the worst forms
of child labor and affording stronger protection for the working child, amending
for this purpose R.A. 7610, as amended;
e. Republic Act 7658 - An act prohibiting the employment of children below
15 years of age in public and private undertakings, amending for this purpose
section 12, article 8 of R.A. 7610; and
f. Executive Order No. 275 - Creating a special oversight committee for the
special protection of children from all forms of neglect, abuse, cruelty,
exploitation, discrimination and other conditions prejudicial to their
development.
What happens to CICL who commit heinous crimes such as rape or murder?
1. For those who are 15 years old and below and those above 15 years old
but below 18 who acted without discernment:
1.1. They will undergo an intervention program.
2. For those above 15 years old and who acted with discernment:
2.1.If the offense committed has an imposable penalty of more than six
years of imprisonment (as in cases of rape or murder), the law provides that
the child shall undergo court proceedings. When brought to court, the child
may be placed under suspended sentence and be subjected to rehabilitation
programs. In no instance shall the CICL be put in jail.
2.2. The child can also avail of the diversion program, if qualified.

Duty of the Law Enforcement Officer when there is no diversion

If the child, his/her parents or guardian does not consent to a diversion, the
Women and Children Protection Desk of the PNP, or other law enforcement officer
handling the case of the child under custody, transmit the child to the prosecutor or
judge concerned for the conduct of inquest and/or preliminary investigation to
determine whether or not the child should remain under custody and correspondingly
charged in court. The document transmitting said records shall display the word
“CHILD” in bold letters
Segment 2. Diversion
Diversion refers to an alternative process in determining the responsibility and
treatment of children in conflict with the law without resorting to formal court
proceedings. Its mechanisms include conferencing, mediation and counseling. This
is however, done in order to prevent the imprisonment of juvenile delinquent See
figure 5).
Factors in Determining Diversion Program
The following factors shall be taken into consideration in diversion:
a. The nature and circumstances of the offense charged;
b. The frequency and the severity of the act;
c. The circumstances of the child (e.g. age, maturity, intelligence, etc.);
d. The influence of the family and environment on the growth of the child;
e. The reparation of injury to the victim;
f. The weight of the evidence against the child;
g. The safety of the community; and
h. The best interest of the child.
Formulation of the Diversion Program
In formulating a diversion program, the individual characteristics and the peculiar
circumstances of the child in conflict with the law shall be used to formulate an
individualized Treatment. The following factors shall be considered in formulating a
diversion program for the child:
a. The child’s feelings of remorse for the offense he/she Committed;
b. The parents’ or legal guardians’ ability to guide and supervise the child;
c. The victim’s view about the propriety of the measures to be imposed; and
d. The availability of community-based programs for rehabilitation and
reintegration of the child.
 Jail no place tor a Child
Fig. 5: UNICEF Philippines/2004. The advocacy against juvenile detention results in
the enactment of the Comprehensive Juvenile Justice Law.
Kinds of Diversion Program
The diversion program shall include adequate socio- cultural and psychological
responses and services for the child. At the different stages where diversion may be
resorted to, the following diversion programs may be agreed upon, such as, but not
Limited to:
A. At the level of the Punong Barangay:
1. Restitution of property;
2. Reparation of the damage caused;
3. Indemnification for consequential damages;
4. Written or oral apology;
5. Care, guidance and supervision orders;
6. Counseling for the child in conflict with the law and the child's family;
7. Attendance in trainings, seminars and lectures on:
7.1. Anger management skills;
7.2. Problem solving and/or conflict resolution skills;
7.3. Values formation; and
7.4. Other skills which will aid the child in dealing with situations which
can lead to repetition of the offense.
8. Participation in available community-based programs, including community
service;
9. Participation in education, vocation and life skills programs.
B. At the level of the law enforcement officer and the prosecutor:
1. Diversion programs specified under paragraphs A 1-9bherein
 2. Confiscation and forfeiture of the proceeds or instruments of the crime;

C. At the level of the appropriate court:

1. Diversion programs specified under paragraphs A and B above;
2. Written or oral reprimand or citation;
3. Fine;
4. Payment of the cost of the proceedings;
5. Institutional care and custody;
Diversion may be conducted at the levels of the Barangay, police/law
enforcement or court.

Segment 3. Procedures Granted upon Juvenile Delinquents

Duty of the Prosecutor's Office
There shall be a specially trained prosecutor to conduct inquest, preliminary
investigation and prosecution of cases involving a child in conflict with the law. If
there is an allegation of torture or ill-treatment of a child in conflict with the law during
arrest or detention, it shall be the duty of the prosecutor to investigate the same.
Preliminary Investigation (PI) and Filing of Information
The prosecutor shall conduct a Pl in the following instances:
a. when the child in conflict with the law does not qualify for diversion;
b. when the child, his/her parents or guardian does not agree to diversion; and
c. when considering the assessment and recommendation of the social
worker, the prosecutor determines that diversion is not appropriate for the
child in conflict with the law.
Bail
For purposes of recommending the amount of bail, the privileged mitigating
circumstance of minority shall be considered.
Release on Recognizance
Where a child is detained, the court shall order
a. the release of the minor on recognizance to his/her parents and other
suitable person;
b. the release of the child in conflict with the law on bail; or
 c. the transfer of the minor to a youth detention home/youth rehabilitation
center.
The court shall not order the detention of a child in a jail pending trial or hearing of
his/her case.

Detention of the Child Pending Trial

Children detained pending trial may be released on bail or recognizance as
provided under this Act. In all other cases and whenever possible, detention pending
trial may be replaced by alternative measures, such as close supervision, intensive
care or placement with a family or in an educational setting or home.
Institutionalization or detention of the child pending trial shall be used only as a
measure of last resort and for the shortest possible period of time.
Whenever detention is necessary, a child will always be detained in Youth
Detention Homes established by local governments, pursuant to Section 8 of the
Family Courts Act, in the city or municipality where the child resides.
In the absence of a youth detention home, the child in conflict with the law may be
committed to the care of the DSWD or a local rehabilitation center recognized by the
government in the province, city or municipality within the jurisdiction of the court.
The center or agency concerned shall be responsible for the child's appearance in
court whenever required.
Automatic Suspension of Sentence
Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted from the offense
committed. However, instead of pronouncing the judgment of conviction, the court
shall place the child in conflict with the law under suspended sentence, without need
of application: Provided, however, That suspension of sentence shall still be applied
even if the juvenile is already eighteen years (18) of age or more at the time of the
pronouncement of his/ her guilt.
Upon suspension of sentence and after considering the various circumstances of
the child, the court shall impose the appropriate disposition measures as provided in
the Supreme Court Rule on Juveniles in Conflict with the Law.
Discharge of the Child in Conflict with the Law
Upon the recommendation of the social worker who has custody of the child, the
court shall dismiss the case against the child whose sentence has been suspended
and against whom disposition measures have been issued, and shall order the final
discharge of the child if it finds that the objective of the disposition measures have
been fulfilled. The discharge of the child in conflict with the law shall not affect the
civil liability resulting from the commission of the offense, which shall be enforced in
accordance with law.
Return of the Child in Conflict with the Law to Court
If the court finds that the objective of the disposition measures imposed upon the
child in conflict with the law have not been fulfilled, or if the child in conflict with the
law has wilfully failed to comply with the conditions of his/her disposition or
rehabilitation program, the child in conflict with the law shall be brought before the
court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while
under suspended sentence, the court shall determine whether to discharge the child
in accordance with this Act, to order execution of sentence, or to extend the
suspended sentence for a certain specified period or until the child reaches the
maximum age of twenty-one (21) years.

Credit in the Service of Sentence

The CICL shall be credited in the services of His/her sentence with the full time
spent in actual commitment and detention under this Act.
Probation as an Alternative to Imprisonment
The court may, after it shall have convicted and sentenced a child in conflict with
the law, and upon application at any time, place the child on probation in lieu of
service of his/her sentence taking into account the best interest of the child. For this
purpose, Section 4 of Presidential Decree No. 968, otherwise known as the
“Probation Law of 1976’, is hereby amended accordingly.
Confidentiality of Records and Proceedings
All records and proceedings involving children in conflict with the law from initial
contact until final disposition of the case shall be considered privileged and
confidential.
The public shall be excluded during the proceedings and the records shall NOT
be disclosed directly or indirectly to anyone by any of the parties or the participants
in the proceedings for any purpose whatsoever, except to determine if the child in
conflict with the law may have his/her sentence suspended or if he/she may be
granted probation under the Probation Law, or to enforce the civil liability imposed in
the criminal action.
The component authorities shall undertake all measures to protect this
confidentiality of proceedings, including non-disclosure of records to the media,
maintaining a separate police blotter for cases involving children in conflict with the
law and adopting a system of coding to conceal material information which will lead
to the child’s identity. Records of a child in conflict with the law shall not be used in
subsequent proceedings for cases involving the same offender as an adult, except
when beneficial for the offender and upon his/her written consent.
 A child in conflict with the law shall not be held under any provision of law, to be
guilty of perjury or of concealment or misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto in response to any inquiry
made to him/her for any purpose.
Note: R. A. 9344 is already amended by R. A. 10630.

Segment 4. Rehabilitation and Reintegration

Objective of Rehabilitation and Reintegration
The objective of rehabilitation and reintegration of children in conflict with the law
is to provide them with interventions, approaches and strategies that will enable
them to improve their social functioning with the end goal of reintegration to their
families and as productive members of their communities. However, no child shall be
received in any rehabilitation or training facility without a valid order issued by the
court after a hearing for the purpose. Further, the details of this order shall be
immediately entered in a register exclusively for children in conflict with the law. No
child shall be admitted in any facility where there is no such register.

Separate Facilities from Adults

In all rehabilitation or training facilities, it shall be mandatory that children shall be
separated from adults unless they are members of the same family. Under no other
circumstance shall a child in conflict with the law be placed in the same confinement
as adults.
The rehabilitation, training or confinement area of children in conflict with the law
shall provide a home environment where children in conflict with the law can be
provided with quality counseling and treatment.
How Female Children are Rehabilitated and Reintegrated
Female children in conflict with the law placed in an institution shall be given
special attention as to their personal needs and problems. They shall be handled by
female doctors, correction officers and social workers, and shall be accommodated
separately from male children in conflict with the law.
In addition, no personnel of rehabilitation and training facilities shall handle
children in conflict with the law without having undergone gender sensitivity training.
Confinement of Convicted Children in Agricultural Camps and other Training
Facilities
A CICL may, after conviction and upon order of the court, be made to serve
his/her sentence, in lieu of confinement in a regular prison, in an agricultural camp
and other training facilities that is established, maintained, supervised and controlled
by the BUCOR, in coordination with the DSWD.
Rehabilitation of Children in Conflict with the Law
CICL whose sentences are suspended may, upon order of the court, undergo any
or a combination of disposition measures best suited to the rehabilitation and welfare
of the child as provided in the Supreme Court Rule on Juveniles in Conflict with the
Law.
If the community-based rehabilitation is availed of by a child in conflict with the
law, he/she shall be released to parents, guardians, relatives or any other
responsible person in the community. Under the supervision and guidance of the
local social welfare and development officer, and in coordination with his/her
parents/guardian, the CICL shall participate in community-based programs, which
shall include, but not limited to:
1. Competency and life skills development 6. Leadership training
2. Socio-cultural and recreational activities 7. Social services
3. Community volunteer projects 8. Home life services
4. Community and family welfare services 9. Health services
5. Spiritual enrichment
In accordance therewith, the family of the child in conflict with the law shall
endeavour to actively participate in the community-based rehabilitation.

Youth Rehabilitation Center

The youth rehabilitation center shall provide 24-hour group care, treatment and
rehabilitation services under the guidance of a trained staff where residents are
cared for under a structured therapeutic environment with the end view of
reintegrating them in their families and communities as socially functioning
individuals.
A quarterly report shall be submitted by the center to the proper court on the
progress of the children in conflict with the law. Based on the progress of the youth in
the center, a final report will be forwarded to the court for final disposition of the
case. The
DSWD shall establish youth rehabilitation centers in each region of the country.
Objectives of Community Based Programs
The objectives of community-based programs are as follows:
 a. Prevent disruption in the education or means of livelihood of the child in
conflict with the law in case he/she is studying, working or attending
vocational learning institutions;
b. Prevent separation of the child in conflict with the law from his/her
parents/guardians to maintain the support system fostered by their
relationship and to create greater awareness of their mutual and reciprocal
responsibilities;
c. Facilitate the rehabilitation and mainstreaming of the child in conflict with
the law and encourage community support and involvement; and
d. Minimize the stigma that attaches to the child in conflict with the law by
preventing jail detention.
Every LGU shall establish community-based programs that will focus on the
rehabilitation and reintegration of the child. All programs shall meet the criteria to be
established by the JJWC which shall take into account the purpose of the program,
the need for the consent of the child and his/her parents or legal guardians, and the
participation of the child-centered agencies whether public or private.
After-Care Support Services for Children in Conflict with the Law
Children in conflict with the law whose cases have been dismissed by the proper
court because of good behavior as per recommendation of the DSWD social worker
and/or any accredited NGO youth rehabilitation center shall be provided after-care
services by the local social welfare and development officer for a period of at least
six (6) months.
The service includes counseling and other community- based services designed
to facilitate social reintegration, prevent re-offending and make the children
productive members of the community.
Prohibited Acts against Children
1. Prohibition against Labeling and Shaming
In the conduct of the proceedings beginning from the initial contact with the child,
the competent authorities must refrain from branding or labeling children as young
criminals, juvenile delinquents, prostitutes or attaching to them in any manner any
other derogatory names. Likewise, no discriminatory remarks and practices shall be
allowed particularly with respect to the child's class or ethnic origin.
2. Other Prohibited Acts
The following and any other similar acts shall be considered prejudicial and
detrimental to the psychological, emotional, social, spiritual, moral and physical
health and well-being of the child in conflict with the law and therefore, prohibited:
a. Employment of threats of whatever kind and nature;
b. Employment of abusive, coercive and punitive measures such as cursing,
beating, stripping, and solitary confinement;
 c. Employment of degrading, inhuman and cruel forms of punishment such as
shaving the heads, pouring irritating, corrosive or harmful substances over the
body of the child in conflict with the law, or forcing him/her to walk around the
community wearing signs which embarrass, humiliate, and degrade his/her
personality and dignity; and
d. Compelling the child to perform involuntary servitude in any and all forms
under any and all instances.
Would not the new law embolden children to commit more crimes?
R.A. 9344 requires the provision of preventive and developmental programs for
children at risk and their families, through the development of a local juvenile
intervention program in every local government unit (LGU). These programs should
be enforced and strengthened by the LGUs and their partners to address the issue
of CICL.
The preventive and developmental programs will divert children's activities into
productive ones, hence; will prevent them from exposure and commission of anti-
social behaviors. The law enforcement officers have the critical role in running after
those who are exploiting/ using children to commit crimes. Surveillance system
should be in place as a preventive measure for children (Einstein Law, 2008).