CRIMINOLOGY 5

JUVENILE DELINQUENCY
&
JUVENILE JUSTICE SYSTEM

2023-2024
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 UNIT 1-JUVENILE DELINQUENCY

Juvenile Crime
✓ denotes various offenses committed by children or youth. Those acts are referred to as
juvenile delinquency.
✓ All the offenses of the children if committed by adults are considered crimes that are
covered within the jurisdiction of the juvenile court and subjected to prison sentences.

HISTORY OF JUVENILE DELINQUENCY

Throughout all time there has been delinquency. It may not have had a delinquency
label, but it still existed.
a. Ancient Britain- Children at the age of 7 were tried, convicted, and punished as
adults. There was no special treatment for them, a hanging was a hanging.
b. Sumeria and Hammurabi- Juvenile crime was mentioned in this classical period
where laws concerning juvenile offenders first appeared in written form.
Even during ancient times, enlightened legal systems have distinguished between juvenile
delinquents and adult criminals. The young offenders were not considered morally responsible
for their behavior.

I. Ancient Times
a. Code of Napoleon (France) – limited responsibility was ascribed to children under the
age of 16.
b. 19th Century – though there was apparent humanity in some early statutes still the
punishment of juvenile offenders was often severe during this time.
c. U.S. – In this country, child criminals were treated as adult criminals and sentences for
all offenders could be harsh, and the death penalty was occasionally imposed.
d. 1700s- children were treated as non-persons. They did not receive special treatment or
respect. Discipline at that time was what we now describe as abuse. There were major
assumptions about life before the 1700s such as:
• Life was difficult and you have to be fierce to survive
• Infant and child mortality were high.
e. End of 18th Century- the Enlightenment” appeared as a new cultural transition. This
period of history is sometimes known as the beginning of humanism and reason
because people began to see children as flowers, which needed fostering to bloom.
II. Innovations
f. House of Refuge – the first institution dedicated to the confinement and treatment of
juveniles. This was founded in New York City in 1825. This was established so that
institutionalized delinquents could be kept apart from adult criminals.
g. Mid-19th century – other state institutions for juvenile delinquents were established, and
their populations soon included not only young criminals but also less serious offenders
and dependent children. The movement spread rapidly throughout the U.S. and abroad.
These early institutions were often very rigid and punitive.
h. 2nd half of the 19th century – increased attention was given to the need for special legal
procedures that would protect and guide the juvenile offender rather than subject the
child to the full force of criminal law. The juvenile justice system began to develop, and

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 jurisdiction over criminal acts by children was transferred from adult courts to the newly
created juvenile courts.
• Massachusetts in 1870-1880 and New York in 1892- made possible hearings
for children in courts.
• In US- juvenile justice system began to progress, jurisdiction over criminal acts
by children was transferred from adult courts to the newly created juvenile courts.
• Chicago in 1899- the first juvenile court was established in this country.
✓ The main reason why the new system in handling young offenders was to
avoid the harsh treatment previously imposed on delinquent children.
✓ An act of wrongdoing by a minor was seen as an indication of the child’s
need for care and treatment rather than a justification for punishing the
child through criminal penalties.
i. 20 century – Aside from juvenile court, innovations in working with juvenile delinquents
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appeared during this time such as:

1. Child-guidance clinics
2. Juvenile bureaus attached to the police department
3. Special programs in schools
III. Industrialization
• Industrialization set into motion the practices needed for modern juvenile delinquency.
The country had gone from agriculture to machine-based labor-intensive production.
Subsistence farming quickly turned into profit-making. People who were displaced from
their farm work because of machinery were migrating to the city to find work.
IV. Urbanization
• There was a massive increase in the amount of movable goods that were produced.
These transient goods were easy to steal. The stealing of these goods made property
crime rise immensely in these urban centers. The wealth of the upper class increased
and stealing became a way of living. These large urban centers also produced another
problem. The workplace was now estranged from the home. During the tough times
booth parents took employment. There was also a very few for the youths to do,
especially when school was not in session. It was then that youths were becoming
increasing unsupervised. These youths were largely unemployed. Without supervision,
and with movable goods easily available, stealing became a way of life.
• The massive influx of people to these urban areas overwhelmed society. The factories
could not keep up, and unemployment became a factor. Poverty became widespread.
V. Salvage Attempts
• Poorhouses were created to keep youthful offenders away from trouble. The idea behind
them was to take the children of the “dangerous” classes out of their “dangerous
environment”. Kids were thought to be salvageable needed to be saved. The majority of
these children were rounded up for the crime of being poor, not because they committed
a crime. These houses, sometimes referred as reform schools, were very harsh. This
was contradictory to the ideas that they needed nurturing and love.
• In New York, houses of refuge were created to do the same. The houses eventually
became overfilled, and children were sent out West as indentured servants. As many as
50, 000 children were shipped. Some of them were never allowed to have contact with
their parents again.
• Industrialization and urbanization played a tremendous role in the modern ear of
juvenile delinquency. A lot of these factors are true today. Mant more farms are going

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 bankrupt. Unemployment is still a factor with the youth of today. We are culture that
values material wealth over and above all. Youth who have no money to live the way
they want will often turn to crime as a way to satisfy themselves. As our nation changes,
the way in which our juveniles are treated will also have to change. The current trends in
juvenile delinquency have an impact on how we view the problem.

JUVENILE DELINQUENCY
Juvenile delinquency
• is a criminal or antisocial behavior of children and youth. Juvenile delinquents are
usually considered in need of treatment, rehabilitation, or discipline. More serious
offenses committed by minors maybe tried in criminal court and subject to prison
sentences.
Crime ( Anglo-American Law )
• an illegal act committed by a person who has criminal intent. A long standing
presumption held that children under 15 years old were unlikely to have criminal intent.
Many juvenile courts have now discarded this so called infancy defense, finding that
delinquent acts can be committed by children of any age.

Common law exempts children under age of 7 from the criminal courts because they
lack of “mens rea” or criminal intent required for criminal conviction. Children over the age of 7
are considered old enough to know right from wrong and understand the consequences of their
actions. They are considered responsible for their law-violating behavior. However, the child
over 7 is not viewed as an adult.
The term juvenile began to be used when a particular country enacted law establishing
the age for adulthood.
Juvenile
• referred to any person under age of majority.
Delinquency
• During the latter 19th century, less serious deviance on the part of youth was considered
a family matter. Extreme or persistent cases of youthful non-conformity or obstinacy
became a matter of community discipline. Public rebuke, whippings, and even capital
punishment were administered to children
• According to the societal response definition, in order for an act and/or an actor to be
defined as deviant or delinquent, an audience must perceive and judge the behavior in
question. The audience is the social group or society to which the actor belongs or
aspires to belong.

STUDY OF JUVENILE DELINQUENCY

The problems of youth in modern society are both a major national concern and an
important subject for academic study. The study of juvenile delinquency is important because of
the damage suffered by the victims, and problems faced by the perpetrators. This involves
analysis of law enforcement, prosecution, court, correctional, agencies, and the community as
well. These are designed to treat youthful offenders who fall into the arms of the law-known
collectively as juvenile justice system.

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 SOCIAL NATURE OF JUVENILE DELINQUENCY
Adolescence is a social product that reflects the dominant attitudes, values, belief of
society’s culture. Largely, as a result of urbanization and industrialization, the society created
the concept of adolescence and its accompanying normative expectations in an effort to
differentiate and regulate the social status, role and legal treatment of people in this category
from adult members of society.

Results:
1. Prolongation of the period of transition from childhood to adulthood.
a. It has extended the length of time spent on formal education
b. Delayed entry in workforce
c. Delayed marriage
d. Extended period of time available for anticipatory socialization into future adult roles.
2. The creation of a new form of social deviance-juvenile delinquency.
Negative Consequence
1. The marginality experienced by individuals who have biologically and physiologically
matured into young adulthood, but who are socially and legally denied access to a
meaningful adult role.
Sociological perspective
• Juvenile delinquency, like any other social problem, is inherently social in nature. From
the cultural values which undergird the social norms defining delinquency, the social
dimension is ever-present. Consequently, if society is to deal effectively with the
problems of juvenile delinquency, its members must evaluate the problem in its broadest
and most fundamental social context.

CONCEPTS OF JUVENILE DELINQUENCY

1. Delinquency and Parens Patriae
• Parens Patriae – (Latin word) “Father of the Country”
• Consequently, the newly emerging juvenile justice system operated under the
philosophy of parens patriae. Minors who engaged in illegal behavior viewed as
victims of improper care, custody and treatment at home.
• Dishonest behavior was a sign that the state should step in and take control of the
youths before they committed more serious crimes, acting in the best interest of the
child. This means that children should not be punished for their misdeed but instead
be given a acre and custody necessary to remedy and control wayward behavior.
2. Legal Status of Delinquency
• Juvenile delinquent refers to a minor child who has been found to have violated the
penal code.
• Minor Child defined as individual who falls under a statutory age limit, most
commonly under 18 years of age.
• Because of their minority status, juveniles are usually kept separate from adults and
receive different consideration and treatment under the law.
• Terminology is also different. Adults are tried in the court; children are adjudicated.
Adults can be punished; children are treated. If treatment is mandated, children can
be sent to secure detention facilities; they cannot normally be committed to adult
prisons.

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 • Children also have their own unique legal status. Minors apprehended for criminal
act are normally charged with being a “juvenile delinquent” regardless of the crime
they commit. Charges are usually confidential, trial records are kept secret, ad the
name, and behavior, and background of delinquent offenders are sealed.

3. Legal responsibility of youth

• Under Parens Patriae, delinquent acts are not considered criminals. Children cannot
be found “guilty” of a crime and punished like adult criminals. The legal action
against them is considered similar to a civil action that determines their “need for
treatment”. This legal theory recognizes that children who violate the law are in
need of the same care and treatment as law-abiding citizens who cannot care for
themselves and require state intervention.

CAUSES OF JUVENILE DELINQUENCY

1. Changes in the social structure may indirectly affect juvenile crime rates.
Ex.
a. Changes in the economy that lead to fewer job opportunities for youth and rising
unemployment in general make gainful employment increasingly difficult for
young people to obtain.
2. More families consist of one –parent households or two working parents,
consequently, children are likely to have less supervision at home thn was common
in the traditional family structure.
3. Frustration or failure in school, the increased availability of drugs and alcohol, and
the growing incidence of child abuse and child neglect.

FACTORS WHICH CAUSE JUVENILE DELINQUENCY

1. Family
• Family is the basic unit of society, whose main responsibility is to provide the basic
necessities of the child as well as to give emotional, spiritual, moral, intellectual and
social basic to its members particularly the children and the primary social agency
tasked with the significant task of rearing the youth.
• The ideal criteria for a normal home include the following:
a. Structural completeness
b. Economic security
c. Cultural conformity
d. Moral conformity
e. Physical and psychological normality
f. Functional or emotional adequacy
• The factors which may be lead to juvenile 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 of the parents
h. Too lenient discipline by either or both of the parents

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 i. Parent’s indifference to their child
Legal Basis for parental authority (Art.17-22 of PD603)
1. Joint parental authority (Art. 17, PD 603).
• 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.
2. Grandparents (Art. 18, PD 603)
• Grandparents shall be consulted on important family questions but they shall not
interfere in the exercise of parental authority by the parents.
3. Absence or death of parents (Art. 19, PD 603)
• Grandparents and in their default, the oldest brother or sister who is at least
eighteen years of age, or the relative who has actual custody of the child, shall
exercise parental authority in case of absence or death of both parents, unless a
guardian has been appointed in accordance with the succeeding provision.
4. Guardian (Art. 20, PD 603)
• The court may, upon the death of the parents and in the cases mentioned in Arts.
328 to 332 of the Civil Code, appoint a guardian for the person and property of
the child, on petition of any relative or friend of the family or the Department of
Social Welfare.
5. Dependent, abandoned or neglected child (Art. 21, PD 603)
• The dependent, abandoned or neglected child shall be under the parental
authority of a suitable or accredited person or institution that is caring for him as
provided for under the four preceding articles, after the child has been declared
abandoned by either the court or the Department of Social Welfare.
6. Transfer to the DSWD (Art. 22, PD 603)
• The dependent, abandoned or neglected child may be transferred to the care of
the Department of Social Welfare or a duly licensed child-caring institution or
individual in accordance with Articles 142 and 154 of this Code, or upon the
request of the person or institution exercising parental authority over him.
Rights of Parents (Art. 43-45, PD 603)
1. Article 43. 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.
2. Article 44. Rights Under the Civil Code. - Parents shall continue to exercise the rights
mentioned in Articles 316 to 326 of the Civil Code over the person and property of the
child.
3. Article 45. 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.
Duties of Parents (Art. 46-57, PD 603)

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❖ Article 46. General Duties. - Parents shall have the following general duties toward their
children:
1. To give him affection, companionship and understanding;
2. To extend to him the benefits of moral guidance, self-discipline and religious
instruction;
3. To supervise his activities, including his recreation;
4. To inculcate in him the value of industry, thrift and self-reliance;
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and
develop his commitment to his country;
6. To advise him properly on any matter affecting his development and well-being;
7. To always set a good example;
8. To provide him with adequate support, as defined in Article 290 of the Civil Code;
and
9. To administer his property, if any, according to his best interests, subject to the
provisions of Article 320 of the Civil Code.

❖ Article 47. Family Affairs. - Whenever proper, parents shall allow the child to participate
in the discussion of family affairs, especially in matters that particularly concern him. In
cases involving his discipline, the child shall be given a chance to present his side.
❖ Article 48. Winning Child's Confidence. - Parents shall endeavor to win the child's
confidence and to encourage him to conduct with them on his activities and problems.
❖ Article 49. Child Living Away from Home. - If by reason of his studies or for other causes,
a child does not live with his parents, the latter shall communicate with him regularly and
visit him as often as possible. The parents shall see to it that the child lives in a safe and
wholesome place and under responsible adult care and supervision.
❖ Article 50. Special Talents. - 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.
❖ Article 51. Reading Habit. - The reading habit should be cultivated in the home. Parents
shall, whenever possible, provide the child with good and wholesome reading material,
taking into consideration his age and emotional development. They shall guard against
the introduction in the home of pornographic and other unwholesome publications.
❖ Article 52. Association with Other Children. - Parents shall encourage the child to
associate with other children of his own age with whom he can develop common
interests of useful and salutary nature. It shall be their duty to know the child's friends
and their activities and to prevent him from falling into bad company. The child should
not be allowed to stay out late at night to the detriment of his health, studies or morals.
❖ Article 53. Community Activities. - Parents shall give the child every opportunity to form
or join social, cultural, educational, recreational, civic or religious organizations or
movements and other useful community activities.
❖ Article 54. Social Gatherings. - When a party or gathering is held, the parents or a
responsible person should be present to supervise the same.
❖ Article 55. Vices. - Parents shall take special care to prevent the child from becoming
addicted to intoxicating drinks, narcotic drugs, smoking, gambling, and other vices or
harmful practices.

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 ❖ Article 56. Choice of career. - The child shall have the right to choose his own career.
Parents may advise him on this matter but should not impose on him their own choice.
❖ Article 57. Marriage. - Subject to the provisions of the Civil Code, the child shall have the
prerogative of choosing his future spouse. Parents should not force or unduly influence
him to marry a person he has not freely chosen.

Liabilities of Parents (Art 58-60, PD 603)

❖ Article 58. Torts. - Parents and guardians are responsible for the damage caused by the
child under their parental authority in accordance with the Civil Code.
❖ Article 59. Crimes. - Criminal liability shall attach 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 as required by Article
72.
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.
7. 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 school days.
8. 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.
9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to
indignation and other excessive chastisement that embarrass or humiliate him.
10. Causes or encourages the child to lead an immoral or dissolute life.
11. Permits the child to possess, handle or carry a deadly weapon, regardless of its
ownership.
12. 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.
"Parents" as here used shall include the guardian and the head of the institution or foster home
which has custody of the child.
❖ Article 60. Penalty. - The act mentioned in the preceding article shall be punishable with
imprisonment from two or six months or a fine not exceeding five hundred pesos, or
both, at the discretion of the Court, unless a higher penalty is provided for in the Revised
Penal Code or special laws, without prejudice to actions for the involuntary commitment
of the child under Title VIII of this Code.
2. Environment
• The culture, norms, and behavior of the child’s surroundings may very well
influence the upbringing of the child, especially throughout their formative years
and such misbehaviors learned will be carried out until a child’s maturity or
entrance to the adolescent world. Behavior modification using imitation as
brought about by the environment is as follows:

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 a. Rampant drug addiction
b. Vices such as gambling and alcoholism
c. Association with criminal groups and gangs
d. Impulse of fear and resentment
e. Crime-inducing situations and the presence of hazards
f. Attractive nuisances prevalent in the environment
3. School
• Learning institutions are vital to proper child development, they represent the
child’s second home and presents the instrument for the training of young
persons which should provide goals, values and academic growth which will be
necessary to transform the raw mind of the child to be able to bring them up as
productive, law-abiding and responsible citizen of the republic.
• Instances of deviant conduct of children attributed to the school inadequacy are
as follows:
a. Truancy
b. Membership in fraternities and sororities
c. Lack of facilities for curricular and extra-curricular activities
d. Failure of the mentors in character development of the students
e. Methods being used which create the conditions of frustration and failure on
the part of the students
f. Corruption

CATEGORIES OF JUVENILE OFFENDERS

For judicial purposes, delinquents are divided into several categories.
1. Children who have allegedly committed an offense that would be a crime if
committed by an adult offender.
2. Status offenders who have allegedly violated regulations that apply only to the
juvenile such as:
✓ Curfew restrictions
✓ Required school attendance
✓ Similar rules and ordinances
3. Incorrigible juveniles who have been declared unmanageable by their parents and
the court.
The second and third groups are often referred to as persons in need of supervision
or minors in need of supervision.

TYPES OF JUVENILE OFFENDERS

1. Status Offenders – are those juveniles who commit offenses that, if committed by
adults, would not be considered crimes.
Ex.
a. Truancy
b. Running away from home
c. Violating curfew
2. Juvenile delinquents – the label “delinquent “applied, regardless of the seriousness
or non-seriousness of the offenses committed.

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 PSYCHOLOGICAL CHARACTERISTICS OF DELINQUENTS
1. Personality and Delinquency
• Personality- defined as the reasonable patterns of behavior, including thoughts
and emotions that distinguish one person from another.
• Delinquents maintain a distinct personality. They are usually aggressive and anti-
social, and their actions may engage them with agents of social control, ranging
from teachers to police.
2. Intelligence and Delinquency
• Children with low IQs are responsible for a disproportionate share of
delinquency.
• Early criminologists believed that low intelligence was a major factor in
delinquency. They thought that if it could be determined which individuals were
less intelligent, it might be possible to identify potential delinquents before they
committed socially harmful acts.

CARRERS IN CHRONIC DELINQUENCY

Although most of the adolescents age out of crime, a relatively small number of youth
begin to violate the law in their early lives and continue at a high rate well into adulthood. The
association between early onset and high rate persistent offending has been demonstrated in
samples drawn from a variety of cultures, time periods, and offender types. These offenders are
resistant to change and seem immune to the effects of punishment.
Severity of offending rather than frequency of criminal behavior has the greatest impact
on latter adult criminality. Delinquents can be divided into different subgroups based on the
seriousness of their offending, and those falling into the most serios category.
1. Chronic delinquents who commit violent acts – have as much greater chance of
becoming and adult offender than other delinquent youths.
2. Children who are found to be corruptive and anti-social as early as age 5 or 6 are
the most likely to exhibit stable, long-term patterns of disruptive behavior through
adolescence. They have measurable behavior problems in other areas of social,
psychological and physical functioning.
3. Youthful offenders who persist are more likely to abuse alcohol, get into trouble in the
community to become economically dependent, have lower aspirations, get separated,
and have a weak employment record. They do not specialize in one type of crime; rather
they engage in a variety of criminal acts, including thefts, drugs, and violent offenses.

CATEGORIES OF DELINQUENT YOUTH

1. Accidental- less identifiable in personality and temperament, essentially a law-abiding

citizen but happens to be at wrong place at the wrong time. This maybe credited to peer
pressure or pure curiosity on the part of the young person/.
2. Asocial- children whose acts are manifested by vile, cruel and atrocious acts and
conduct for which they feel no remorse. Timely intervention is necessary so as to
prevent them from becoming ruthless criminals capable of acts of violence and heinous
crimes.
3. Neurotic- the anti-social behavior of the youth is a direct result of internal conflict and
pre-occupation with his own emotion and mood. Therapy and counseling is necessary to

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 control this type of delinquency, failure to do so will be risky since anti-social behavior
makes the child prone to commit serial crimes upon adult hood.
4. Social-refers to an aggressive teens who resents authority, whether be it parental,
school regulations or ordinances and laws passed by the proper legislative authorities.
The most common reason for such dislike is focused to anyone who tries to control their
conduct.

METHODOLOGY TOWARDS DELINQUENCY

1. Biogenic approach- this view gives an explanation that law violations and delinquency
is a result of some physical defects. It advocates that youth misconduct is a direct result
of faulty biology. Hence the support from family members, friends and acceptance of the
community may solve the problem on delinquency.
2. Psychogenic approach- this argues that the critical factors in delinquency are
personality problems, to which the misbehavior is presumed to be the response. This
advocates the use of counseling to curtail juvenile misbehavior.
3. Sociogenic approach- ascribes the distinction and variation and delinquency pattern to
social structures. The youth misdeed maybe attributed to their learning process cultured
in youth gangs, stigmatizing contacts with governmental and social control and other
similar variables.
TYPES OF YOUTH BEHAVIOR
1. ANTI-SOCIAL BEHAVIOR- it may be best characterized by disobedience and
disrespect to authority.
2. Truancy- students failing to attend their classes for 20 days without any reasonable
cause. This maybe attributed to the school’s proximity to place of vices, unattractive
school life, failing grades, strict and unreasonable mentors, family and domestic
problems; fear of school bullies and fear of punishment.
3. Vagrancy- refers to children who are unable to cope with their family life and
chooses to leave the family home. This is the direct result of Feeble-mindedness,
disagreeable home conditions, broken homes and misdirected fancy for adventures.
4. Emotional disorders- such misbehaviors is related to fear reaction, temper
tantrums and jealousy reactions.
5. Lying- the penchant for not telling the truth clearly manifest that the following are
lacking: love, security, attention, respect, acceptance, praise and happiness.
6. Stealing- this criminal act comes from loose morals in the home, lack of economic
security wherein the parents are unable to provide for the needs of their children,
undisciplined desire for possession and pleasure seeking and parental indifference.

CAUSES OF BEHAVIORAL DISORDERS

1. Predisposing factors- internal propensities which may not be considered as a criminal
act unless the attempt was made.
2. Precipitating factors- refers to conditions and elements which provokes crimes for
crimes or factors such as personal problems, curiosity, ignorance, necessities and
diseases.

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 THEORIES OF JUVENILE DELINQUENCY
Two Competing World Views
1. The Classical World View
18th Century- criminologist began to apply scientific method to explore the causes of
crime.
Cesare Beccaria (1738-1794)- Leader of Classical School whose crime and punishment
was published in 1764.
Important Principles of Classical Theory
a. Individual have freewill, some choose to commit crime, laws should bring the greater
measure of happiness to the larger number; those who break the law should be
punished according to penalties established in the law;
b. Focus is on the crime committed.

Classical theorists believed that delinquency was the result of freewill. They
advocated harsh and immediate punishments so that offenders would be unwilling to
commit future crimes.
2. The Positivist world View
Cesare Lombroso-(1935-1009) - Leader of positivist world view. An Italian Physician
who studied the brain of criminals.
Father of Modern Criminology.
He firmly believed that criminals were literally “born” not made – that the primary cause
of crime was biological.
Important principles of Positivist Theory
a. And Individual’s action is determined not by freewill but by biological and cultural factors;
b. Focus is on the criminal.
Positivist view theorists, who believe that delinquent behavior is the result of youth’s
biological make up and life experiences, feel treatment should include altering one or
more factors that contribute to unlawful behavior.
Individuals View of delinquency
1. Choice theory- the first formal explanation of crime and delinquency held that human
behavior was a matter of choice. since it was assumed that people had freewill to
choose their behavior, those who violated the law were motivated by:
a. Personal needs, such as greed, revenge, survival, hedonism.
200 years ago, utilitarian Philosophers Cesare Beccaria and Jeremy Bentham argued that
people weigh the benefit and consequence of their future actions before deciding on a course of
behavior. Their writing formed the core of what is referred to today as Classical Criminology.
Classical Criminologists have argued that punishment should only be severe enough to deter a
particular offense, and that punishment should be graded according to the seriousness of
particular crimes.
2. Trait Theory- A number if Delinquency experts believe that the choice model is
incomplete. They believe it is wrong to infer that all youths choose crime simply because
they believe its advantages outweigh its risks. These experts argue that human
behavioral choices are a function of an individual‘s mental and /or physical make-up.
Most law-abiding youths have personal traits that keep them within the mainstream of
conventional society.

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3. Biological theory- for most of the 20th century, delinquency experts scoffed at the
notion that a youth’ behavior was controlled by physical condition present at birth. Small
group of Criminologists and Penologists kept alive the biological approach.
Creatures or species are influenced by their genetic inheritance and their innate need to
survive and dominate others.
4. Psychological Theory- some experts view delinquency as essentially psychological.
a. Violence b. theft c. sexual misconduct – seem to be symptomatic of some
underlying psychological problem.
Psychologists- point out that many delinquent youths have poor home life, destructive
relationships with neighbors, friends, and teachers, and conflict with authority figures in
general. These relationship seem to indicate be disturbed personality structure.

Sociological Views Delinquency

1. Social structure theory
1966- Sociologist Oscar Lewis coined the Phrase “culture of poverty” to describe the
crushing burden faced by the urban poor. According to Lewis, the culture of poverty
is marked by apathy, cynicism, helplessness, and mistrust of institutions such as
police and government.
Mistrust of authority prevents the impoverished from taking advantage of the few
conventional opportunities available to them.
2. Social Process Theory
Not all sociologists believe that merely living in impoverished, deteriorated, and
lower-class areas is a determinant of a delinquent career. Instead , they argue that
the root cause of delinquency maybe traced to learning delinquent attitudes from
peers, becoming detached from school, or experiencing conflict in the home.
Socialization- is considered to be the key determinant of behavior. If the
socialization process is incomplete or negatively focused, it can produce an
adolescent with a poor self-image who is alienated from conventional social
institutions.
Early socialization experiences have lifelong influence on self-image, values, and
behavior.
3. Social Reaction Theory- is the third type of sociological theories of delinquency.
According to social reaction theories, the way society reacts to individual to
individuals and the way individuals react to society determine behavior. Social
reactions determine which behaviors are considered criminal or conventional; they
also determine individual behavior and can contribute to the formation of delinquent
careers.
According to this view, also known as labeling theory, the youth may violate the law
for a variety of reasons, including poor family relationships, peer pressure,
psychological abnormality, and pre-delinquent learning experiences. Regardless of
the cause, if an individual’s delinquent behavior is detected, the offender will be
given a negative label that can follow the person throughout life. These labels
include, “troublemaker,” “juvenile delinquent” “mentally ill” and “Junkie”
The degree to which youngsters are perceived as deviants may affect their treatment
at home and school.

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 4. Social Conflict Theory – social conflict theory finds that society is in a constant
state of internal conflict, and the different groups strive to impose their will on others.
Those with money and power succeed in shaping the law to meet their needs and
maintain their interests.
Social conflict theorists view the law and the justice system as vehicles for controlling
the have-not members of society; legal institutions help the powerful and rich to
impose their standards of good behavior on the entire society. The law protects the
property band physical safety of the haves from attack by the have-nots, and helps
control the behavior of those who might otherwise threaten the status quo.
According to the social conflict theory, the poor may or may not commit more crimes
than the rich, but are certainly arrested more often.

DEVELOPMENTAL THEORIES OF DELINQUENCY

1. Social Development Model Theory

• In their social development model, Joseph Weis, Richard Catalano, J. David
Hawkins, and their associates show how different factors affecting children’s
social development over their life course influence their delinquent behavior
patterns.
• As children mature w/in their environment, elements of socialization control their
developmental process.
• Children are socialized and develop bonds to their families through four distinct
interaction processes, namely:
1. The perceived opportunities for involvement in activities and interaction with
others.
2. The degree of involvement and interaction with parents
3. The children’s ability to participate in these interactions, and
4. The reinforcement they perceive for their participation.
• Parental attachment affects a child’s behavior for life, determining both school
experiences and personal beliefs and values. For those with strong family relationships,
school will be meaningful experience marked by academic success and commitment to
education. Youth in this category are likely to develop conventional beliefs and values,
become committed to conventional activities, and form attachments to conventional
others.
• Children’s anti-social behavior also depends on the quality of their attachments to
parents and other influential relations. If they remain unattached or develop attachments
to deviant others, their behavior may become deviant as well.
2. Interactional Theory-
• Terence Thornberry- has proposed a developmental view of crime that he calls
“interactional theory”. He also finds that the onset of crime can be traced to a
deterioration of the social bond during adolescence, marked by weakened attachment to
parents, commitment to school, and belief in conventional values.
• According to interactional theory, delinquents find their passion for the game that is,
hanging out with other chess players helps improve their game. Similarly, deviant peers
do not turn an otherwise innocence boy into a delinquent; they support and amplify the
behavior kids who have already accepted a delinquent way of life.

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 • Weak bonds lead kids to develop friendship with deviant peers and get involved in
delinquency.
• In sum, interactional theory suggests that criminality is part of a dynamic, social process
and not just an outcome of that process.
3. Age –Graded Theory
• 1993- Sampson and Laub identify the turning points in a delinquent career. They
reanalyzed the data originally collected by the Gluecks more than 40 years back. Using
modern statistical analysis, Sampson and Laub found evidence supporting the
developmental view.
• Their theory is known as age-graded theory because it recognizes that different factors
influence people as they go through the life course.

OTHER THEORIES OF JUVENILE DELINQUENCY

There are several theories of juvenile delinquency that have been proposed by various
proponents. Here are some prominent theories and their proponents:

1. Social Learning Theory - Albert Bandura:

✓ This theory suggests that individuals learn behavior through observation and
imitation of others. Bandura's research emphasized the role of social influences,
such as family, peers, and media, in shaping delinquent behavior.
2. Strain Theory - Robert Merton:
✓ Merton proposed that individuals engage in delinquency when they experience a
strain between their goals and the means available to achieve them. This theory
highlights the role of societal pressures and the lack of legitimate opportunities as
factors contributing to delinquency.
3. Control Theory - Travis Hirschi:
✓ Hirschi's theory suggests that delinquency occurs when individuals have weak
social bonds and low levels of self-control. According to this theory, strong
attachments to family, school, and other social institutions act as protective
factors against delinquency.
4. Differential Association Theory - Edwin Sutherland:
✓ This theory posits that delinquency is learned through interactions with others
who engage in criminal behavior. Sutherland emphasized the role of peer groups
and the transmission of deviant values and attitudes.
5. Labeling Theory - Howard Becker:
✓ Becker's theory suggests that individuals become delinquent as a result of being
labeled as such by society. This theory emphasizes the stigmatizing effects of
societal reactions and the self-fulfilling prophecy that can lead to continued
delinquent behavior.
6. Biosocial Theory:
✓ This theory explores the interaction between biological and environmental factors
in influencing delinquent behavior. It suggests that genetic predispositions,
combined with environmental factors such as family dynamics or neighborhood
conditions, can contribute to delinquency.

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 FEMALE THEORIES OF JUVENILE DELINQUENCY

Female theories of juvenile delinquency focus on understanding the factors that

contribute to delinquent behavior among girls. These theories recognize that girls may have
unique experiences and challenges that can lead to their involvement in delinquency. Some
prominent theories include:

1. Gendered pathways theory:

✓ This theory suggests that girls' delinquency is influenced by gender-specific risk
factors, such as early puberty, sexual abuse, and exposure to violence. It
emphasizes the importance of considering gender-specific experiences in
understanding female delinquency.

2. Liberation theory:
✓ This theory argues that as girls gain more freedom and equality in society, they
may engage in delinquent behavior as a way to assert their independence and
challenge traditional gender roles.
3. Power-control theory:
✓ This theory posits that gender differences in delinquency can be explained by
variations in family dynamics and power structures. It suggests that girls from
patriarchal households may be more likely to engage in delinquent behavior as a
form of rebellion against restrictive gender norms.
4. Labeling theory:
✓ This theory suggests that girls who are labeled as delinquent by society may
internalize this identity and engage in further delinquent behavior. It highlights the
role of societal reactions and stigmatization in shaping girls' delinquency.

MALE THEORIES OF JUVENILE DELINQUENCY

Male theories of juvenile delinquency focus on understanding the factors that contribute
to delinquent behavior among boys. These theories recognize that boys may have unique
experiences and challenges that can lead to their involvement in delinquency. Some prominent
theories include:

1. Strain theory:
✓ This theory suggests that boys may engage in delinquent behavior as a response
to the strain caused by the discrepancy between their goals and the means
available to achieve them. It emphasizes the role of social and economic factors
in shaping delinquency among boys.
2. Social learning theory:
✓ This theory posits that boys learn delinquent behavior through observation and
imitation of others, particularly peers and role models. It highlights the importance
of socialization processes and the influence of significant others in shaping boys'
delinquency.
3. Control theory:

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 ✓ This theory suggests that boys who have weak social bonds and low levels of
self-control are more likely to engage in delinquent behavior. It emphasizes the
role of family, school, and community in providing social support and promoting
prosocial behavior among boys.
4. Differential association theory:
✓ This theory argues that boys become delinquent through association with
delinquent peers and exposure to deviant values and attitudes. It highlights the
importance of peer influence and the social environment in shaping boys'
delinquency.

UNIT 2-JUVENILE JUSTICE

MODELS OF JUVENILE JUSTICE

There are several models of the juvenile justice system that have been implemented in
different jurisdictions. Here are some commonly recognized models:

1. Welfare Model:
✓ This model focuses on the rehabilitation and treatment of juvenile offenders
rather than punishment. It emphasizes addressing the underlying causes of
delinquency and providing support and services to help juveniles reintegrate into
society.
2. Due Process Model:
✓ This model emphasizes the protection of juveniles' legal rights and procedural
fairness. It ensures that juveniles are afforded the same constitutional rights as
adults, such as the right to legal representation and a fair trial.
3. Restorative Justice Model:
✓ This model emphasizes repairing the harm caused by the offense and promoting
accountability and reconciliation. It involves bringing together the victim, offender,
and community to address the consequences of the offense and find ways to
repair the harm.
4. Crime Control Model:
✓ This model focuses on public safety and the punishment of juvenile offenders. It
emphasizes deterrence, incapacitation, and retribution, with a primary goal of
protecting society from further delinquent behavior.
5. Balanced and Comprehensive Model:
✓ This model seeks to strike a balance between the welfare and justice
approaches. It combines elements of rehabilitation, due process, and
accountability to address the needs of both the juvenile offender and the
community.

Contemporary Developmental Concepts

1. Age at Onset- most -life course theories assume that the seed of a criminal career are
planted early in life and that early onset of deviance strongly predicts later criminality.
Research supports this by showing that children who will later become delinquents begin
their deviant careers at a very early age, and their earlier the onset of criminality, the
more frequent, varied, and the sustained the criminal career.

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 2. Life Transition- Developmental theories focus attention on the chronic or persistent
offender. Although the concept of chronic offenders, is now an accepted fact,
delinquency experts are still struggling to understand why this is so. They do not fully
understand why, when, faced with a similar set of life circumstances, one youth
becomes a chronic offender while another may commit occasional illegal acts but later
desist from crime. One possibility is that when faced with important life transitions, some
youths succeed, while others are incapable of maturing in a reasonable and timely
fashion.
3. Problem Behavior Syndrome- some developmental advocates believe that
delinquency may best be understood as one of many social problems faced by at-risk
youth. Referred to as problems behavior syndrome, developmental theorists realize that
crime occurs among a group of anti-social behavior that clusters together and typically
involves family dysfunction, substance abuse, smoking, precocious sexuality and early
pregnancy, educational underachievement, suicide attempts, sensation-seeking and
unemployment.
4. Pathways to crime and Delinquency- developmental theorists recognize that career
delinquents may travel more than a single road. Some may specialize in violence and
extortion, some may be involved in theft and frauds; others may engage in a variety of
delinquent acts. Some offenders may begin their careers early in life, whereas others are
late bloomers who begin committing crime when most people desist.
5. Delinquent Trajectories- in addition to taking different paths to criminality, people may
begin their journey at different times. Some are precocious, beginning their delinquent
careers early, while others stay out of trouble until their teenage years. Some offenders
may peak at an early age, whereas others persist into adulthood. Research shows that
there are a number of categories of delinquent careers that seem to reflect changes in
life course. Some youths maximize their offending rates at a relatively early age and
later reduce their delinquent activity; other persist into their 2o’s.
6. Continuity of Crime of Delinquency- another aspect of developmental theory is the
continuity of crime. The best predictor of future criminality is the past criminality. Children
who are repeatedly in trouble during early adolescence will generally still be anti-social in
the middle and late teens and adults. Males who begin their offending career before age
14 are the most likely to begin serious offending by age 18, w/ earliest onset age relating
to the most severe delinquency patterns.

DELINQUENCY PREVENTION
Delinquency prevention efforts are considered by many to be crucial to the development
of a consistent and comprehensive approach to the problem of youth crime and delinquency.
Delinquency is both a practical and cost-effective means of reducing youth misbehavior.
The history of the prevention of juvenile delinquency is closely tied to the history of
Juvenile Justice. From the House of Refuge, which opened in New York in 1825, to more
contemporary events, such as enactment of various statutes, child saving organizations and
lawmakers have had interest in both the prevention and control of delinquency.
Improving the socialization of lower-class youth to reduce their pote4ntial for future
delinquency is also an important focus of national government programs. The largest and best –
known of these programs are daycare centers –a national program for preschoolers.

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DELINQUENCY CONTROL- programs or policing designed to prevent juvenile delinquency can
include arrest as part of an operation to address gang problems, juvenile court sanction to a
secure correctional facility or, in extreme cases, and a death penalty sentence.

DELINQUENCY PREVENTION- refers to intervening in young people’s lives before they

engage in delinquency—that is preventing the first delinquent act. Programs or policies
designed to prevent delinquency involve daycare providers, nurses, teachers, social workers,
recreational staff, counselors, other young people in the school, and parents.

EARLY STAGES OF DELINQUENCY PREVENTION

1. Home -based programs- one of the most important types of home-based programs
involves the provision of support for families. Support for families in their homes can take
many different forms. A popular and effective form of family support is home visitation.
2. Parenting skills programs- another form of family support that has shown some
success is improving parenting skills. Although the main focus of parent training
programs is on the parents, many of these programs also involve children with the aim of
improving the parent-child bond.
3. Daycare programs- daycare services are available to children of working parents. In
addition to allowing parents to return to work, daycare affords children a number of
important benefits, including social interaction with other children and stimulation of their
cognitive, sensory, and motor control skills.
4. Pre-school programs- pre-school programs differ from daycare programs in that pre-
school is geared more toward preparing children for school. Pre-school is typically
provided for children aged 3-5 years.
5. Primary school programs- schools are a critical social context for delinquency
prevention efforts from the early to the latter grades. School work to produce vibrant and
productive members of society. A school may adopt a greater security orientation and
implement such measures as metal detectors, police in school, and closed –circuit
television camera.

APPROACHES IN DELINQUENCY PREVENTION

1. Mentoring programs- usually involve non-professional volunteers spending time with
young people at risk for delinquency or in danger of dropping out of school. Mentors
behave in a supportive, non-judgmental manner while acting as role models.
2. School based program- safety of students in early college and high school takes on a
much higher profile than in the early grades because of a larger number of violent
incidents in such schools. The role of schools in the prevention of delinquency in the
wider community remains prominent. A wide range of programs to deal with juvenile
delinquency in the community have been set up.
3. After-school programs- today, after-school programs include childcare centers,
tutoring programs at school, dance groups basketball leagues, and drop-in clubs.
Because after-school programs are voluntary, participants maybe the more motivated
youngsters in a given population and the least likely to engage in anti-social behavior.
4. Job-training programs- having job means having money to pay for necessities as well
as leisure activities. Job training programs improve the chances of obtaining jobs and
thereby reduce delinquency. It is not only concerned with providing young people with
employable skills, but also helping them to overcome some of their immediate problems.

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5. Community-based programs- this includes analyzing the delinquency problems in the
community, identifying the available resources in the community, developing priority
delinquency projects, and identifying successful programs in other communities with the
end in view of tailoring them to local conditions and needs.

STRATEGIES OF DELINQUENCY PREVENTION

1. General Deterrence- this concept holds that the choice to commit a delinquent act is
structured by the threat of punishment. One of the guiding principles of deterrence
theory is that the more severe, certain, and swift the punishment, the greater the
deterrence.
2. Specific Deterrence- the theory of specific deterrence holds that if offenders are
punished severely, the experience will convince them not to repeat their illegal acts.
Juveniles are sent to secure incarceration facilities with the understanding that their
ordeal will deter future misbehavior.
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. The idea iss to make it so difficult to commit criminal
acts that would-be delinquent offenders will be convinced that the risks of crime are
greater than the rewards.
Three ways of controlling the situation of crime
1.) Increasing the effort
2.) Increasing the risk
3.) Reducing the reward

THREE LEVELS OF DELINQUENCY PREVENTION

1. Primary prevention- is directed at modifying and changing crime-causing conditions in
the overall physical and social conditions that lead to crime.
2. Secondary prevention- secondary prevention seeks early identification and intervention
into the lives of individuals or groups. It focuses on changing the behavior of those who
are likely to become delinquent.
3. Tertiary prevention- tertiary prevention, is aimed at preventing recidivism ---that is it
focuses on preventing further delinquent acts by youth directly identified as delinquent.

EFFECTIVE DELINQUENCY PREVENTION

1. Education model- this program assist families and children by providing them with
information. Some programs inform parents on how to raise healthy children; some
teach children about the effects of drugs, gangs, sex, and weapons; and others aim to
express youth the innate worth they and all others have.
2. Recreation activities- one of the immediate benefits of recreational activities is that
they fill unsupervised after-school hours. It is noted that the youth at risk are most likely
to commit crimes between 2 p.m. and 8 p.m., with crime rates peaking at 3 p.m.
Recreation programs allow them to connect with other adults and children in the
community.
3. Community involvement- girl scouts, boy scouts, church youth groups, and volunteer
groups all involve youth within a community. Involvement in the community to interact in
a safe social environment.

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 4. Prenatal and infancy home visitation- nurses involve in the “Prenatal and infancy
home visitation” program pay visits to low income, single mothers between their third
trimester and the second year of their child’s life. During these visits, nurses focus on the
health of the mother and child, the support relationships in the mother’s life, and the
enrollment of the mother and the child in public health services programs.
5. Parent-child interaction- the “parent-child interaction” training program takes parents
and children approximately 12 weeks to complete. It is designed to teach parenting skills
to parents of children ages 2 to 7 who exhibit major behavioral problems.
6. Bullying prevention- the bullying prevention program is put in place in elementary and
high school settings. An anonymous student questionnaire fills teachers and
administrators in as to who is doing the bullying, which kids are most frequently
victimized, and where bullying occurs in campus.
7. Intervention assistance- a youth entering the juvenile justice system has the
opportunity to receive intervention assistance from the government. In the care of the
state, a youth may receive drug rehabilitation assistance, counseling and educational
opportunities.
8. Youth institution- the youth institution is an example of a successful juvenile detention
facility that gears its programs toward restoring delinquent youth. The facility holds
young adult violent offenders and juvenile delinquents who have been tried in adult court
for committing violent crimes.
9. Ending repeat offenses- once out of the facility, youths face the challenge of
readjusting to “free-life”. They must create a pattern of life separate from criminal activity.
To assist in this process, courts have attempted to implement social services for juvenile
delinquents and their families. Some of these are job placement, school follow-ups,
extended counseling, and extended drug rehabilitation.
10. Functional family therapy - a family therapist works with the family and helps individual
members see how they can positively motivate change in their home.

INEFFECTIVE DELINQUENCY PREVENTION

1. Scare tactics- slogans such as “get-tough on crime” and “adult time for adult crime”
spoke to the common-sense core of many people who worried about rising juvenile
crime rates. The general opinion held that the system had become too soft; the threat of
confinement was not deterring youth from criminal activity.
2. Juvenile institutions- juvenile institutions received high publicity but had little success.
At risk youth were placed in intense, structured, severe environments. The juvenile
institutions were intended to teach youth structure and discipline, but their success rates,
measured in their ability to prevent kids from committing crimes, were low.
3. Scared straight- another program “scared straight” brought parole/probation youth into
interaction with adult prisoners through meetings or short-term incarcerations. The
program was designed to frighten young offenders.

MANAGEMENT OF JUVENILES
Children are our most important assets. All citizens, including the police, should help
protect their rights. As more and more children are driven into life of deprivation, suffering and
criminality, it becomes important for the police to u7nderstand that children should be treated

22
according to the specific nature and state of their growth and development regardless of life
situations.

LEGAL BASES
1. United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (Beijing Rules)-
• stipulates that the police officers who frequently or exclusively deal with juveniles
or are primarily engaged in the prevention of juvenile crimes should be especially
instructed and trained.
2. Proclamation # 20
• signed by the former President Corazon Aquino on August 12, 1986, emphasizes
the policy of the state to promote the well-being and total development of the
Filipino youth and children, protecting them from exploitation, abuse, improper
influences, hazards and other conditions or circumstances prejudicial to their
physical, mental, emotional, social and moral-development. This proclamation
also created the Inter-agency Task Force for the Protection of Children, of which
the former Philippine Constabulary-Integrated National Police (PC/INP), currently
the Philippine National Police (PNP), is a member.
3. Article 40 of the Convention on the Rights of the Child-
• recognizes the right of every child who is alleged, or accused of, or recognized
as having infringed upon the penal law to be treated in a manner consistent with
the promotion of the child’s sense of dignity and worth.
4. Proclamation #855-
• proclaims the adoption and implementation of the Philippine Plan of Action for
Children (PPAC) towards the year 2000 and beyond as part of the government’
commitment to the Convention on the Rights of the Child.
5. Art. 190 (PD 603 “Child and Youth Welfare Code”)-
• stipulates the duty of the concerned law enforcement agency to take the youth
offender, immediately after his apprehension, to the proper medical or health
officer for a thorough physical and mental examination.
6. RA 7610 “Special Protection of Children against Child Abuse, Exploitation and
Discriminatory Act”-
• states that a comprehensive program should be formulated to protect children
against child prostitution and other se4xual abuse, child trafficking, obscene
publications, indecent shows, and other acts of abuse and circumstances which
endanger child survival and normal development.’
DEFINITION OF TERMS
a. Children- are persons below eighteen (18) years of age. Child, youth juvenile or minor
may be used interchangeably.
b. Children in Especially Difficult Circumstances (CEDC) - are children who are
abandoned, neglected, abused and exploited, disabled, victims of prostitution and
pedophiles, runaways, delinquent, youth offenders and drug dependents, street children,
working children. Children in situations of armed conflict, children in cultural
communities, and children victims of natural disasters.
c. Abandoned Child- is one without proper parental care for a period of at least six (6)
consecutive months.

23
 d. Neglected child- is one who is unreasonably deprived of his/her basic needs to survival,
such as food, clothing, shelter, and/or education.
e. Sexually abused child- is one who has been involved in a sexual activity with an adult
or any person older or bigger, where the child was used as sexual object for the
gratification of the older person’s needs and desires. This includes children-victims of
rape and incest.
f. Physically abused child- is one who has been inflicted with non-accidental or
unreasonable physical injuries by parents, guardians or custodian to a degree which, if
not immediately remedied, could seriously impair the child’s growth and development or
result in permanent disability or even death.
g. Psychologically abused child- is one who has been inflicted with unreasonable
punishment other than physical punishment through excessive verbal assault or non-
violent harassment.
h. Exploited child- is one who has been induced or forced by parents/guardians or other
persons or circumstances to indulge in activities which endanger his moral, emotional,
and social development. This include3s children victims of prostitution and pedophiles.
i. Children in Situation of Armed Conflict (CSAC) - are children who have been forcibly
displaced as result of violent confrontation between two opposing forces. This includes
children temporarily sheltered in evacuation centers unaccompanied by their parents,
and those who are arrested for reasons related to armed conflict, whether involved as
combatants, couriers, guides or spies.
j. Delinquent youth- is one below eighteen (18) years old who has committed a
misdemeanor but whose case has been filed in court. He/she may manifest behavioral
problems, such as, hostility, aggressiveness, etc.
k. Youth offender- is one who is below eighteen (18) years old but over nine (9) years old
upon the commission of a criminal offense and whose case has been filed in court.
l. Working Child- is one engaged in any economic activity who suffers serious threats to
his /her protection, health, safety and moral well-being.
m. Juvenile Justice System- (JJS) is composed of five components/pillars, that is, the
police, the prosecution, the courts, the corrections, and the community. All are involved
in handling youth offenders and CEDC.

MANAGEMENT OF CHILD AS ACCUSED

Handling an accused child requires adequate knowledge of the past offenses he/she has
committed, the facts, and circumstances relating to each offense committed, and the
seriousness of the offense. Particular attention should also be given the social factors affecting
children. As the police gain experience in handling cases of children who commit offenses will
also be developed further.
1. Apprehension-
• is the stage of first contact between the offender and the apprehending police. It
is important at this stage to spare the child from traumatic experiences which
he/she may carry with him/her throughout his/her lifetime. In order to avoid this,
apprehending police officers should observe the following:
a. Serve the child a warrant of arrest or search warrant in a legal, humane and
responsible manner.
b. Be in plainclothes and avoid using marked vehicles.

24
 c. Avoid using vulgar words and a tone that will attract the attention of people around
the child.
d. Take the child by the hands instead of collaring or dragging him/her.
e. Avoid the use of handcuffs.
f. Take the child to any available government medical or health officer in the area for
physical and mental examinations immediately after apprehension, as provided for
under Article 190 of Presidential Decree No. 603.
g. Inform the senior social worker of the Department of Social welfare and Development
(DSWD) of the apprehension of the child within eight (8) hours so that immediate
intervention can be provided.
h. Inform the parents within eight (8) hours about the arrest, and ask them to come to
the police station.
i. If the police officer is not a member of the Women and Children Protection Center
(WCPC), he/she should immediately turn over the apprehended child to the WCPC
for proper disposition of the case.
2. Investigation/Interviewing- investigation, specifically interviewing is an important
aspect of the job of every law enforcer. The following are the guidelines will help the
police in carrying out the investigation efficiently and effectively.
a. In no case should a child be investigated by the police or the statement b extracted
from him/her in the absence of his/her parents, guardian or social worker.
b. In no case should deceit, false promise or intimidation, or harsh treatment be
employed against the child during the investigation process.
c. Third degree methods of physical punishment or nay device that will tend to affect
the physical and mental health of the child should never be used.
d. In interviewing the child, there should be sufficient privacy, avoiding unnecessary
interruptions as much as possible. The child should feel comfortable in separate
interview room.
1.) The following are basic techniques in interviewing the child, which have been
proven successful.
a. Treat the child with consideration.
b. Be friendly
c. Try to gain the child’s confidence and respect.
d. Identify himself/herself properly
e. Be prepared for the interview.
f. Conduct an initial interview as soon possible after arrest or detention of the
child.
g. tell the child of his/her willingness to help
h. Discovered the child’s problem.
i. Talk in his/her language.
j. Encourage the child to do the most talking.
k. Be a good listener.
l. Be patient and firm.
m. respect the child’s personality
n. Allow the child to write his/her story.

3. Fingerprinting

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 a. The contention that the fingerprinting can have a traumatic effect on the child is
without merit, unless the child is a first offender.
b. If there is reasonable cause to believe that the child in police custody is likely to
repeat his/her offense, or if the offender is a habitual run away, fingerprinting is
necessary to provide identification records for future comparison. Fingerprint files
have their value in the case of recidivism.
c. Fingerprint of the child should be classification as “civilian” and not in the same
category as adult offender.
4. Detention-detention is the temporary care of the child in a physically restricting facility
pending court disposition and /or while waiting transfer to a rehabilitation center.
Detention is for children who have committed offenses and for whom secure custody is
required for their own r the community’s protection.
a. As much as possible, detention should be avoided.
b. The police should always consult the Senior Social Worker of the Department of
Social Worker and Development (DSWD) regarding of who shall conduct a study of
the case and plan the intervention of the youth.
c. If the child is attending school and detention ids warranted, the school authorities
should be notified immediately.
d. Children should be provided with a separate detention home.
e. Female child offenders should always be separated from male child offenders.
f. Child offenders should always be separated from adult offenders.
g. Child offender, aged 10-15, should be kept separately from older ones if
accommodation allows.
5. Referral –the police can also refer a child’s case to other pillars of the juvenile justice
system. This will help the child to get immediate intervention, and aid in the disposition of
the case at the level of prosecution. The following are the guidelines in referring cases
for the disposition.
a. If the case falls within the purview of Section 2, PD> NO> 1508, “Katarungang
Pambarangay Law” as amended, the same shall be referred to the Barangay
Captain for conciliation; otherwise the case shall be referred to the prosecutor.
b. Upon order of the court, the child shall be released for cognizance to the parents or
other suitable persons who shall be responsible for his/ her appearance in court
whenever required.
c. If the child is not eligible for release in cognizance or unable to post bail, he/she shall
be referred to the care of the DSWD or the local detention center which shall be
responsible for his/her appearance in court whenever required.
d. If the police officer has strong reasons to suspect that the child has some sort of
physical, mental or emotional defect that may affect the child in any phase of the
police court work, such child must be referred to competent authorities, that is,
physician, psychiatrist or psychologist.
e. For children in situations of armed conflict (CSAC) Section 25 of RA 7610 cites
specific rights.
a.) Separate detention from adults where families are accommodated as family
units.
b.) Immediate free legal assistance.
c.) Immediate notice of such arrest t the parents or guardians of the child, and

26
 d.) Release of the child on cognizance within twenty-four (24) hours to the DSWD or
any reasonable member of the community determined by the court.

6. Linkages/networking
a. The Women and children Protection Center (WCPC) shall automatically become
a member of the Child Protection Team (CPT), a team that will quickly respond to
the care of children in need of assistance.
b. The Women and Children Protection Center shall motivate, initiate, encourage
and promote participation of the community and other institutions and people’s
organization in prevention as well as rehabilitation programs, projects and
activities for the child.
c. The Women and children Protection Center shall work closely with the
appropriate branch and representative of the DSWD in the preparation of
investigative reports, including preliminary case studies on the arrest of minors
for the prosecutors and judges.

JUVENILE JUSTICE
Juvenile Justice Strategy
1. Juvenile Prevention- the government program must provide the impoverished children
with, among other things, an enriched educational environment to develop learning and
cognitive skills in preparation for the early school years.
2. Early Intervention- the programs improves the chances of young people obtaining jobs
in the legal economy, thereby reducing delinquency.
3. Graduated Sanctions- graduated sanctions programs for juveniles are another solution
being explored in the local setting. Types of graduated sanctions include immediate
sanctions for non-violent offenders; intermediate sanctions such as probation and
electronic monitoring, which target repeat minor offenders and first-time serious
offenders; and secure institutional care, which is reserved for repeat and violent
offenders.
4. Institutional Programs- many experts believe that juvenile incarceration is overused,
particularly for non-violent offenders. That is why the concept of de-institutionalization—
removing as many youths from secured confinement as possible –is gaining ground.
5. Alternative courts- new venues of juvenile justice that provide special services to youth
while helping to alleviate the case flow problem that plagues overcrowded juvenile courts
are being implemented across the country.

FLOW OF JUVENILE JUSTICE

1. Handling of Juveniles- juvenile justice begins at the handling of the juvenile offense
after it has come to the attention of concerned government agencies, more particularly
the law enforcement agencies.
2. Referral of Juveniles- the juvenile justice system does not go about looking for
juveniles in trouble, but rather awaits the referring for juveniles in trouble, but rather
awaits the referral of problem juveniles by law enforcement agencies.

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3. Supervision of Juveniles- supervision entails not only extending professional services
in the home and community, but also continuation of vocational training, school
guidance, and counseling.
4. Addressing of juveniles- this phase of the juvenile justice system entails looking for the
solutions to the problem, and proactively addressing the problem brought about by the
juvenile delinquents in the community.
PROCESS OF JUVENILE JUSTICE
1. Police action
• Action is taken by police who observe juveniles committing delinquent offenses.
• Reports by neighbors of child abuse by a juvenile’s parents, of obvious child
neglect and/or abandonment will lead police to investigate or intervene.
• The intervention will result in juveniles being taken to a juvenile detention facility
for further processing and investigation, or to a government agency, such as
DSWD.
2. Intake
• Intake officers are usually juvenile probation officers under the administration of
the probation office.
• Juveniles placed in detention centers, juvenile halls, or government agencies are
subsequently screened by an intake officer.
• It is the responsibility of the intake officers to examine each juvenile’s case
closely and make a professional determination of further action that should be
taken.
• At the petition and intake state of the juvenile justice system, the offender is
referred to the court by either of the following:
a. Police
b. Victim
c. Parents
d. School officials
e. Social worker
• Upon reporting the alleged offense, the case is formally processed. A petition is
a document that request the court to assume jurisdiction over the juvenile.
3. Court Jurisdiction
• Access to juvenile court occurs through a petition. The actual juvenile court
proceeding is a quasi-adversarial, with a juvenile court prosecutor bringing
specific charges against the juvenile. Should be the juvenile or juvenile’s parents
or guardians choose, representation by counsel may be availed.
• Action on the petition by the juvenile judge may be a ruling that the juvenile is,
indeed, delinquent, or the ruling may result in a dismissal of charges.
• Juvenile court is the authority charged with the disposition of legal actions
involving children. Cases heard and decided by the juvenile court are considered
within the jurisdiction of the court. In a delinquency proceeding, it is necessary to
prove that the child is in need of corrective treatment. Juvenile court also hears
status offense cases that involve non-criminal misbehavior of children.
4. Detention Hearing
• Court proceedings involves a detention hearing in which a decision is made to
release the juvenile to a parent or guardian or to retain him or her in custody.

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 • During the detention hearing, it is determined whether the juvenile requires
protection and whether the juvenile poses a threat to a society. The chance of
being further processed in judicial proceedings is also considered.
5. Adjudication and Disposition
• During the adjudication inquiry, a judge decides whether the facts of the case
merit a formal court hearing. In many ways, the adjudication inquiry resembles
the intake hearing; however, at this stage, a judge administers the hearing. The
options of the judge include dismissing the case, ordering a referral to a social
welfare agency, or recommending a formal adjudication hearing.

THE FOUR Ds OF JUVENILE JUSTICE

1. Deinstitutionalization
• refers to providing programs for juveniles in a community based-setting rather
than in an institution.
• Deinstitutionalization of status offenders (DSO) is premised on the theory that
labeling a youth as delinquent could become self-fulfilling.
2. Diversion
• young offenders are placed in remedial education, drug abuse programs, foster
homes, and outpatient health care and counseling facilities.
3. Due process
• As juveniles’ rights are being addressed, the juvenile court becomes more like an
adult court I several important ways.
• However, the juvenile court is not fully adversarial like the criminal court.
Requiring a trial might put an end to “what has been the idealistic prospect of an
intimate informal protective proceeding.” Requiring trials for juvenile courts also
results in delays in proceedings as well as in the possibility of public trials.
4. Decriminalization
• The referral of status offenses to juvenile court has been viewed by many as a
waste of court sources. Cout sources, they suggest, are best used only for
serious recidivist delinquents.
• If juveniles who are judged to be “in need of supervision” are not provided with
adequate treatment, they are deprived of their rights under the constitution. It is
also ruled that the juveniles in an institution have statutory right to treatment.

DISCRETIONS OF JUVENILE JUSTICE

1. Environmental factors
• The norms of the community are a factor in the decision. Some juvenile justice
agencies work in communities that tolerate a fair amount of personal freedom.
Other works in conservative communities that expect a no-nonsense approach to
the enforcement of statutes. Here, the juvenile justice agencies may be more
inclined to place juveniles under custody.
2. Law enforcement factors
• The policies and customs of law enforcement also influence decision. Juvenile
justice agencies may either be pressured to make more juvenile intake or to
refrain from taking juveniles into custody under certain circumstances. There are
standard operating procedures governing certain types of juvenile violations.

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 3. Situational factors
• Situational factors are those attached to a particular crime, such as specific traits
of offenders. Traditionally it is believed that the juvenile justice agencies rely
heavily on the demeanor and appearance of the juvenile in making decisions.
4. Bias discretion factors
• Some experts believe that juvenile justice agencies’ decision-making is deeply
influenced by thee offender’s personal characteristics, whereas other maintain
that crime-related variable are more significant.

JUVENILE CORRECTION
Principles and Practices of Juvenile Correctional Strategies
1. Protecting society from violent and otherwise anti-social individuals.
2. Removing offenders from the community for placement in “total institutions” that regulate
every aspect of the residents’ environment.
3. Holding the offenders accountable for their behavior through mandatory
institutionalization
4. Correcting deviant behavior through the development of interpersonal, social, and
vocational skills.
5. Providing remedial education and training to rehabilitate offenders and prepare them for
future reintegration into mainstream society.

❖ Colonial America- parental authority was recognized as the principal arbiter of the fate
of the rebellious child.
❖ Colonial courts- regularly acknowledged the absolute authority of parents over their
children and masters over their apprentices.
- Colonial laws permitted the death penalty for incorrigible children.

METHODS OF CORRECTION
1. Community Treatment-
➢ Probation
➢ Restitution
2. Residential Treatment- takes place in a group home where the juvenile is provided with
psychological and vocational counseling
➢ Forestry camps
➢ Work farms
3. Non-Residential Community -Based Treatment- juveniles do not reside in the facility
instead they live at home and receive treatment from mental and health clinics/similar
services.
4. Institutionalization- the most severe form of treatment for juveniles.
- The institution is responsible for the child’s counseling, education, recreation,
room and board, and other clearly activities.

Sanctions in Juvenile Corrections

1. Nominal sanctions- represent in application of rehabilitative corrections for juveniles
deemed to be the most susceptible to positive intervention and correction. Example, a
police disposition can be resolved with nothing with nothing more than verbal warnings.

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 2. Intermediate sanctions- usually require some form of intensive supervision in the
community or in an alternative juvenile residential institution.

CATEGORIES OF JUVENILE CORRECTIONS

1. Community treatment- refers to the efforts to provide care, protection, treatment
services, restitution, and other programs.
-also refers to the use of privately maintained residences such as:
a. foster homes
b. small group homes
c. boarding schools that are located in the community.
Non-residential programs- also fall under the rubric of community treatment.
2. Institutional treatment- are correctional centers operated by national and local
governments. These facilities restrict the movement of residents through staff
monitoring, locked exits and interior fences.
Options of Juvenile Corrections
1. Non-secure Residential Facilities- are institutions that provide a more wholesome
atmosphere than locked detention facilities.
➢ Care facilities
➢ Group homes
➢ Foster homes
2. Juvenile Detention Centers- are secure, temporary pre-adjudication institutions that are
used to house accused offenders until the final disposition of their cases.
3. Jail Facilities- the use of jails as primary institutions for holding juveniles ended with the
establishment of juvenile facilities.
4. Training Schools- are secure residential correctional facilities managed as either a public
or private institution.
5. Alternative programs-
➢ Wilderness programs
➢ Boy’s town

FORMS JUVENILE CORRECTIONS

1. Juvenile Probation- allows youths adjudicated as delinquent to serve their sentences in
the community under supervision.
2. Community –based-
➢ Probation
➢ Foster care
➢ Group homes
3. Juvenile Institutions- are housed in public institutions administered by government
agencies, child and youth services, health and social services, corrections, or child
welfare.
4. Intermediate Sanctions-include intensive supervision, house arrest, incarceration, or
Boy’s town. Such sanctions provide swift, certain punishment while avoiding expense
and the negative effects of institutionalization. Other components of intensive
supervision are clear, graduated sanctions with immediate consequences for violations
such as:
✓ Restitution and community service
✓ Parent involvement

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 ✓ Youth skill development
✓ Individualized and offense-specific treatment
5. Juvenile Aftercare- is the equivalent of parole in the adult criminal justice system.

TREATMENT APPROACHES IN JUVENILE CORRECTION

1. Individual treatment Techniques-
✓ Effective individual treatment programs are built around a combination of
psychotherapy, reality therapy, and behavior modification.
✓ Individual counselling is one of the most common treatment approaches and
virtually all juvenile institutions use it to some extent.
2. Group Treatment Techniques
✓ Group therapy is more economical than individual therapy because one therapist
can counsel more than one individual at a time.
✓ Also the support of the group is often valuable to individuals in the group, and
individuals derive hope from other members of the group who have survived
similar experiences.
3. Educational, vocational, and Recreational Programs
✓ Educational programs are an important part of social development and have
therapeutic as well as instructional value. They are an essential part of most
treatment programs.
4. Wilderness Program- involve outdoor activities as a mechanism to improve social skills,
self-concept, and self-control.
5. Boy’s Town Program- combines the get-tough elements of adult programs with
education, drug abuse treatment, social skills training.

OVERVIEW OF PHILIPPINE JUVENILE JUSTICE AND WELFARE

I. THE JUVENILE JUSTICE AND WELFARE LAW

❖ Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile
Justice and Welfare System as a system dealing with children at risk and children in
conflict with the law, which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, re-integration and aftercare to
ensure their normal growth and development.
❖ Instead of using the word “juvenile”, Philippine laws made use of the word “child”. As
defined in R.A. No. 9344, “Child” is a person under the age of eighteen (18) years. While
“Child at Risk” refers to a child who is vulnerable to and at the risk of committing criminal
offences because of personal, family and social circumstances. Some of the examples
mentioned in the law are: being abandoned or neglected, and living in a community with
a high level of criminality or drug abuse.
❖ “Child in Conflict with the Law” or CICL on the other hand refers to a child who is alleged
as, accused of, or adjudged as, having committed an offence under Philippine laws.
❖ A child can commit an act or omission whether punishable under special laws or the
amended Revised Penal Code which is referred to as an “Offense”. Under Republic Act
10630, offenses which only apply to a child and not to adults are called “Status
Offenses”. These shall not be considered as offenses and shall not be punished if

32
 committed by a child. Examples of status offences include curfew violations, truancy,
parental disobedience, and the like.
❖ Before R.A. No. 9344 was enacted, children at risk and CICL were treated much like
adult offenders as when former President Ferdinand Marcos, Sr. signed into law the
Judiciary Reorganization Act 1980 which abolished the juvenile and domestic relations
courts. As such child offenders were subjected to the same adversarial proceedings as
their adult counterparts.
❖ As an offshoot of the United Nations Convention on the Rights of the Child (UNCRC),
the R.A. No. 9344 intends to deal with these children without resorting to judicial
proceedings. Instead of punishing juvenile offenders and treating them as criminals,
these child offenders will be provided by the State and the community with assistance to
prevent them from committing future offences.

II. THE PHILIPPINES AS A JUVENILE JUSTICE ADVOCATE

❖ As a signatory to the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (The Beijing Rules), the United Nations Guidelines for the Prevention of
Juvenile Delinquency (The Riyadh Guidelines), the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty and the most importantly the Convention
on the Rights of the Child, the Philippines guarantees the protection of the best interests
of the child in accordance with the standards provided for by these international laws.
❖ In the Philippines, members of Congress had passed bills intended to make laws more
consistent with the Philippines’ advocacy on juvenile justice. As much as the Philippines
should be concerned with a juvenile justice system in harmony with international
policies, the dominant goal is to achieve a standard national policy on CICL rather than
an accurate reproduction of an international model on CICL.
❖ R.A. No. 9344, one bill passed into law, institutionalized the promotion of the well-being
of child and their families, involvement of parents and guardians, promotion of diversion,
avoiding deprivation of liberty and protecting the privacy rights of children.
❖ R.A. No. 10630 further emphasized child-sensitive justice policies focused on the best
interest of the child. This principle has been first laid down in the Doha Declaration.

III. THE PHILIPPINE JUVENILE JUSTICE SYSTEM

A. Diversion and Intervention Programs
❖ The main features of R.A. No. 9344 are the diversion and intervention programs. During
the diversion process, the responsibility and treatment of CICL will be determined on the
basis of his/her social, cultural, economic, psychological or educational background
without resorting to formal court proceedings. If the CICL is found to be responsible for
an offence, he/she will be required to undergo diversion programs without resorting to
formal court proceedings. During the intervention programs on the other hand, they will
undergo a series of activities to address issues that caused them to commit an offence.
These may take the form of counselling, skills training, and education. The bigger the
role these diversion and intervention programs play in child behavior development, the
more acceptance and social legitimacy these programs are likely to enjoy in resolving
problems with CICL.
B. Age of Criminal Responsibility and the Presumption of Minority
❖ R.A. No. 9344 likewise raises the age of criminal responsibility from nine years of age
under Presidential Decree 603 to a minimum of 15 years old. CICLs aged 15 and above

33
 are also exempted from criminal liability unless the prosecution proves that they acted
with discernment — the capacity to distinguish right from wrong. These child offenders
are also afforded all the rights of a CICL until he/she is proven to be eighteen (18) years
old or older under the “presumption of minority” rule. In all proceedings, law enforcement
officers, prosecutors, judges and other government officials concerned are mandated to
exert all efforts at determining the age of the CICL.
C. Restorative Justice
❖ The concept of “restorative justice” as opposed to retributive justice has also been
introduced by R.A. No. 9344. It espouses resolving conflicts with the maximum
involvement of the victim, the offender and the community. It primarily aims to achieve
reparation for the victim, reconciliation of the offender, the offended and the community,
and enhancement of public safety. It also ensures that the child’s rights will not be
infringed when he/she admits to the offence.

IV. THE PHILIPPINES’ TREATMENT OF CICL

A. Treatment of Children below the Age of Criminal Responsibility
❖ If it has been determined that the child taken into custody is 15 years old or below, the
authority which will have an initial contact with the child, in coordination with the Local
Social Welfare Development Officer (LSWDO), has the duty to immediately release the
child to the custody of his/her parents or guardian, or in the absence thereof, to the
child’s nearest relative. If they cannot be located or they refuse to take custody of the
child, the CICL may be released to any of the following: a duly registered
nongovernmental or religious organization, a barangay official or a member of the
Barangay Council for the Protection of Children (BCPC), LSWDO, or the Department of
Social Welfare and Development (DSWD).
❖ Authorities which have initial contact with the child refer to law enforcement officers or
private citizens apprehending or taking custody of the CICL.
❖ If the LSWDO determines that the child is abandoned, neglected or abused by his
parents, and the best interest of the child requires that he/she be placed in a youth care
facility or “Bahay Pag-Asa”, the child’s parents or guardians shall execute a written
authorization for the voluntary commitment of the child. But if there are no parents or
guardians, or they will not execute it, the LSWDO or the DSWD shall file the proper
petition for involuntary commitment. Only those who are at least 12 years old can be
committed to a youth care facility.
A. Treatment of CICL Depending on Whether They Acted with or without
Discernment
❖ The social worker using the discernment assessment tools developed by the DSWD will
come up with an initial assessment which is without prejudice to the preparation of a
more comprehensive case study report. The local social worker can either release or
commit the child to a youth care facility if he/she is 15 years or below or above 15 but
below 18 years old but who acted without discernment. However, if the child is above 15
years old but below 18 and who acted with discernment, diversion should be
implemented.
B. System of Diversion
❖ If the imposable penalty for the crime is not more than six years’ imprisonment,
mediation, family conferencing and conciliation, or other indigenous modes of conflict
resolution in consonance with restorative justice shall be facilitated by the law

34
 enforcement officer or Punong Barangay with the assistance of the LSWDO or members
of the BCPC. Both the child and his/her family shall be present in these activities.
❖ In victimless crimes where the imposable penalty is not more than six years’
imprisonment, the LSDO shall develop an appropriate diversion and rehabilitation
program, in coordination with the BCPC. Again, involvement of the child and his/her
parents or guardians is a must.
❖ Where the imposable penalty for the crime committed exceeds six years’ imprisonment,
diversion measures will only be decided by the courts.
❖ The diversion program shall cover socio-cultural and psychological services for the child
which may include: reparation of the damage caused, counselling, participation in
available community-based programmes, or in education, vocation and life skills
programmes.
❖ At the level of the appropriate court, in addition to the program cited, diversion
programmes can also include reprimand, fine or institutional care and custody.
❖ A diversion program will depend on the individual characteristics and the peculiar
circumstances of the CICL. Some of these factors are: the child’s feelings of remorse;
the ability of the parents or the guardians to supervise, the victim’s view; and, the
availability of community-based programmes for rehabilitation and reintegration of the
child.
❖ In case of failure to comply with the terms and conditions of the contract of diversion as
certified by the LSWDO the offended party can institute the appropriate legal action.
Also, if no diversion took place because the imposable penalty exceeds six years, or the
child or his/her parents does not consent to diversion, the case shall be filed according
to the regular processes.
C. Release on Recognizance
❖ Where a child is detained, the court shall order the release of the minor on bail or
release on recognizance to his/her parents and other suitable person. The court has also
the option to transfer the minor to a youth care facility. In no case shall the court order
the detention of a child in a jail pending trial or hearing of his/her case.
D. Discharge of the Child in Conflict with the Law
❖ When at the time of the commission of the offence, the child is under 18 years old and
subsequently he is found guilty of the offence charged, the court shall place the CICL
under suspended sentence without need of application. Suspension of sentence shall
still be applied even if he/she is more than 18 years old at the time of the
pronouncement of his/her guilt.
❖ The court shall impose the appropriate disposition measures in consideration of the
various circumstances of the CICL. Upon recommendation of the social worker who has
custody of the child, the court shall dismiss the case if it finds that the objectives of the
disposition measures have been fulfilled.
E. Confinement of Convicted Children in Agricultural Camps and Training Facilities
❖ After conviction and upon order of the court to serve his/her sentence, a CICL may in
lieu of confinement in a regular penal institution, serve in an agricultural camp and other
training facilities that may be supervised by the Bureau of Correction, in coordination
with the DSWD.

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 F. Competent Authority
❖ Family Courts have exclusive jurisdiction over cases involving children in conflict with the
law. Jurisdiction is vested with Regional Trial Courts in places where there are no family
courts.

V. THE PHILIPPINES’ INSTITUTIONAL TREATMENT OF CICL

❖ Republic Act No. 10630 or the Act Strengthening the Juvenile Justice System provided
for the establishment of an Intensive Juvenile Intervention and Support Center for
children (IJISC) under the minimum age of criminal responsibility in “Bahay Pag-asa”.
❖ The “Bahay Pag-asa” is a 24-hour child-care institution funded and managed by local
government units (LGU) and licensed and/or accredited non-government organizations.
Children in conflict with the law who are 15 to 18 years old shall be housed in these
temporary shelters while awaiting trial and the judgement to be rendered by the courts.
❖ The law also clarified procedures for children below the minimum age if criminal
responsibility, including those who commit serious offences. It provides that any child
aged 12 to 15 who commits a serious offence punishable by more than 12 years’
imprisonment should be deemed a neglected child under the Child and Youth Welfare
Code. As a neglected child, the minor should be placed in the IJISC. The same is true
with a child who was previously subjected to a community-based intervention program.
He shall also be deemed a neglected child and as such shall undergo an intensive
intervention program supervised by the LSWDO. The child will undergo appropriate
intervention program s through the written authorization for voluntary commitment of the
child as executed by the parents or guardians or through a petition in the court for the
involuntary confinement filed by the LSWDO or DSWD. The “Bahay Pag-Asa” will be
managed by a multi-disciplinary team composed of a social worker, a
psychologist/mental health professional, a medical doctor, an educational guidance
counsellor, and a member of the Barangay Council for the Protection of Children
(BCPC). They will come up with individualized intervention plan for the child and his/her
family.
❖ Based on the recommendation of the multi-disciplinary team of the IJISC, the LSWDO or
the DSWD, the court may require the parents of the CICL to undergo counselling or any
other intervention that would advance the best interest of the child.

VI. THE PHILIPPINES’ COMMUNITY-BASED (NON-INSTITUTIONAL) TREATMENT OF CICL

A. Who can avail?
❖ One of the disposition measures that can be availed of by a CICL under suspended
sentence is Community-based Rehabilitation wherein he/she shall be released to
parents, guardians, relatives or any other responsible person in the community. The
LSWDO shall supervise the CICL in coordination with his/her parents/guardian.
Examples of these program are: competency and life skills development; socio-cultural
and recreational activities; community volunteer projects; leadership training; spiritual
enrichment; and, family welfare services.
❖ A child under the minimum age of criminal responsibility shall also be subjected to a
community-based intervention program supervised by the LSWDO.
B. Cooperation between Community-based Treatment and Institutional Treatment

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 ❖ If the best interest of the child requires, the CICL shall be referred to a youth care facility
or ‘Bahay Pag-Asa’ managed by LGUs or licensed and/or accredited NGOs monitored
by the DSWD.
❖ As mentioned previously, a CICL who was previously subjected to a community-based
intervention program can be deemed a neglected child. As such, he/she shall undergo
an intensive intervention program supervised by the LSWDO.

VII. THE PHILIPPINES’ SOCIAL INTEGRATION OF CICL

❖ Aftercare support services shall be made to prevent re-offending. These will be given for
a period of at least six months. These services could include life skills development,
livelihood program and membership to existing youth organizations. The aftercare
support services shall be provided by the LSWDO. However, licensed and accredited
non-government organizations may also be tapped. As with the previous program, it will
require active participation of both the child and his/her parents or guardians.
❖ The ultimate objective of providing the children in conflict with the law with interventions
that will improve their social functioning is for them to be eventually reintegrated to their
families and to their communities as well.

VIII. THE PHILIPPINE JUVENILE JUSTICE SYSTEM

❖ In its effort to articulate the Juvenile Justice System in laws, rules and guidelines, the
method of its proponents has always been experimented serving as a working
hypothesis which is continually being retested in the laboratories of youth detention
homes.
❖ Throughout the history of its implementation, R.A. No. 9344 and its progeny have been
hailed as a medium of hope for CICL. During such times, the Juvenile Justice System
also faced criticism and difficulty. As such, the Juvenile Justice System of the Philippines
is at odds with itself as to whether or not the present system warrants reconsideration.
Today, the Philippines should see this exigency.

SPECIAL LAWS

PD603-Child and Youth Welfare Code

RA 7610- Special Protection of Children Against Child Abuse Exploitation and
Discrimination Act
RA 9344- Juvenile Justice and Welfare Act Of 2006
RA 7658- An Act Prohibiting the Employment of Children Below 15 Years of Age in Public
and Private Undertakings Amending for This Purpose Section 12, Art. VIII Of Ra 7610
RA 9231- An Act Providing for The Elimination of Tye Worst Forms of Child Labor and
Affording Stronger Protection for The Working Child Amending for The Purpose Ra 7610

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Alviola, Armando A. (2012). Juvenile Delinquency. Wiseman’s Books Trading Inc.

Business Mirror. (2022). Juvenile Delinquency in the Philippines: Is Juvenile Justice Fair?
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Eduardo, Jesster P. et al., (2016). Juvenile Delinquency and Crime Prevention. Wiseman’s
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Guevarra, Ricardo M. et al., (2008). Juvenile Delinquency and Crime Prevention. Wiseman’s
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Sanchez, J. C. (n.d). Juvenile justice and welfare. 164TH INTERNATIONAL TRAINING
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Siegel, Larry J., et al., (2007). Juvenile Delinquency. Thomson Wadsworth.
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