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CRIM-5 POINTERS

IDENTICATION

1. CASE STUDY - it shall be the duty of the department of social welfare to make a case study of every
child who is the subject of guardianship or custody proceeding and to submit its report and
recommendation on the matter to the court for its guidance.
2. INTERVENTION OF DEPARTMENT SOCIAL WELFARE – shall intervene on behalf of the child if it's finds,
after its case study that the petition for guardianship or custody should be denied.
3. HEARING CONFIDENTIAL - the hearing on guardianship and custody proceeding may at the discretion
of the court.
4. WHO MAY ADOPT - any person of age and in full possession of his civil rights may adopt.
5. A MARRIED PERSON - without the written consent of the spouse.
6. ADOPTION BY HUSBAND AND WIFE - husband and wife may jointly
7. PARENTAL AUTHORITY - shall be exercised as if the child were their own by nature.
8. TRIAL CUSTODY - no petition for adoption shall be finally granted unless and until the adopting
parents are given by the court a supervised trial custody period of at least six months to assess
adjustment and emotional readiness for the legal union.
9. PROCEDURE -the proceeding for adoption shall be governed by the rules in so far as they are not in
conflict with this chapter.
10. CIVIL REGISTRY RECORD- the adoption show be recorded in the local civil register and shall be
annotated on the record of birth.
11. CHILD- refers to persons under the age of eighteen (18) years.
12. CHILD ABUSE-refers to the maltreatment, whether habitual or not of the child.
13. CHILD TRAFFICKING -any person shall engage in trading and dealing with children.
14. NOTIFICATION OF POLICE – the department shall inform the police or other law enforcement agency
whenever a child victim is placed under protective custody.
15. BAIL- refers to the security given for the release of the person in custody of the law, furnish by him/her
or a bondsman, to guarantee his/her appearance before any court.
16. RESTORATIVE JUSTICE- refers to a principle that requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community.
17. INTERVENTION- refers to a series of activities designed to address issues that cause the child to
commit an offense.
18. THE NATIONAL INTERVENTION PROGRAM- shall serve as guide to all government agencies.
19. LGUs- shall take special responsibility and provide necessary services for homeless or street children.
20. MASS MEDIA- shall play an active role in the promotion of child rights and delinquency prevention by
relaying consistent message through a balanced approach.
21. INITIAL CONTACT-refers to the apprehension or taking into custody of a child in conflict with the law-
by-law enforcement officers or private citizens.
22. INITIAL INVESTIGATION- is the stage after initial contact when the law enforcement officer takes the
statement of the child in conflict with the law.
23. RA.9344- The Juvenile Justice Welfare Act of 2006.
24. FAMILY- shall be responsible for the primary nurturing and rearing of children, which are critical in
delinquency prevention.
25. SECONDARY INTERVENTION-Includes measures to assist children at risk, protective services for
children.
26. RA.9262- Anti-Violence against Women and their children Act of 2004.
27. YOUTH ORGANIZATION- Shall be created or strengthened at the local level and given full participatory
status in the management of community affairs.
28. The Department shall ask the COURT to suspend the parental authority of the SE parent or lawful
guardian who abused the child victim.
29. SPECIAL FACILITIES -shall be set up to provide adequate shelter for children who are no longer able to
live at home or do not have homes to live in.
30. PRIMARY INTERVENTION- includes general measures to promote social justice and equal opportunity,
which tackle perceive root causes of offending.
31. EDUCATION SYSTEM- By way of contributing to juvenile intervention and delinquency prevention.
32. SIGNING STATEMENT – The law enforcement officer conducting initial investigation shall ensure that
all statements signed or thumb marked by the child during investigation shall be witnessed by the
child’s parents or guardian.
33. In all case, the law enforcement officer shall turn over the physical custody of the child to LSWDO
within EIGHT (8) HOURS from apprehension.
34. R.A.7610- SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND
DISCRIMINATION ACT.
35. HURRIED DECISIONS - in all proceeding for adoption, steps should be taken by the court to prevent the
natural parents from making hurried decision

DEFINITION

1. PROCEDURE - THE PROCEEDING FOR ADOPTION SHALL BE GOVERNED BY THE RULES IN SO FAR AS
THEY ARE NOT IN CONFLECT WITH THIS CHAPTER.
2. CONFIDENTIAL NATURE OF PROCEEDING AND RECORDS -ALL HEARINGS IN ADOPTION CASES
SHALL BE CONFIDENTIAL AND SHALL NOT BE OPEN TO THE PUBLIC.
3. CASE STUDY - NO PETITION FOR ADOPTION SHALL BE GRANTED UNLESS THE DEPARTMENT OF
SOCIAL WELFARE, OR THE SOCIAL WORK AND COUNSELING DIVISION.
4. JJWC- JUVENILE JUSTICE WELFARE COUNCIL
5. ADOPTION BY HUSBAND AND WIFE-HUSBAND AND WIFE MAY JOINTLY ADOPT.
6. REPUBLIC ACT NO. 9394 - THE JUVENILE JUSTICE AND WELFARE ACT OF 2006.
7. PARENTAL AUTHORITY - shall be exercised as if the child were their own by nature.
8. REPUBLIC ACT NO.9262-ANTI VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004.
9. THE NATIONAL INTERVENTION PROGRAM- shall serve as guide to all government agencies.
10. CHILD TRAFFICKING -any person shall engage in trading and dealing with children.

ENUMERATION
“GIVE THE TWO (2) TYPES OF BAIL”
1. CASHBOND
2. PROPERTY BOND
“GIVE ATLEAST (5) THAT WHO MAY FILE A COMPLAINT AGAINST A PERSON WHO ABUSED CHILD.”
1. PARENT OR LEGAL GUARDIAN
2. DULY AUTHORIZED OFFICER OR SOCIAL WORKER OF THE DEPARTMENT
3. ASCENDED OR COLLATERAL RELATIVE OF THE CHILD WITHIN THE THIRD
4. BARANGAY CHAIRMAN
5. OFFENDED PARTY

“GIVE ATLEAST (3) COMPREHENSIVE PROGRAM AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION”

1. CHILD PROSTITUTION AND OTHER SEXUAL ABUSE


2. CHILD TRAFFICKING
3. OBSENCE PUBLICATION AND INDECENT SHOWS

“ALL CUMMUNITY BASED- PROGRAMS TO BE DESIGNED BY LGUs SHALL CONSIST OF 3 LEVELS”


1. PRIMARY INTERVENTION
2. SECONDARY INTERVENTION
3. TERTIARY INTERVENTION

“AS PROVIDED IN SECTION 8 OF THE ACT, THE JJWC SHALL BE COMPOSED REPRESENTATIVES OF THE
FOLLOWING DEPARTMENTS OR AGENCIES “

1. DEPARTMENT OF JUSTICE (DOJ)


2. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD)
3. DEPARTMENT OF EDUCATION (DepEd)
4. DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG)
5. COUNCIL FOR THE WELFARE OF CHILDREN (CWC)
6. COMMISSION ON HUMAN RIGHTS (CHR)
7. NATIONAL YOUTH COMMISSION (NYC)
8. JUVENILE JUSTICE WELFARE COUNCIL (JJWC)
9. NON-GOVERNMENT ORGANIZATION (NGO)
10. LOCAL COUNCIL FOR THE PROTECTION OF CHILDREN (LCPCs)

“GIVE ATLEAST (10) DUTIES AND RESPONSIBILITIES OF JUVENILE JUSTICE WELFARE AND COUNCIL (JJWC)”
1. COUNCIL FOR THE WELFARE OF CHILDREN
2. DEPARTMENT OF EDUCATION
3. NATIONAL YOUTH COMMISSION
4. PUBLIC ATTORNEY’s OFFICE
5. BUREAU OF CORRECTIONS
6. PAROLE AND PROBATION ADMINISTRATIONS
7. NATIONAL BUREAU OF INVESTIGATION
8. PHILIPPINE NATIONAL POLICE
9. BUREAU OF JAIL MANAGEMENT AND PENOLOGY
10. COMMISSION ON HUMAN RIGHTS
11. DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

(5) EVERY CHILD IN CONFLICT WITH THE LAW SHALL HAVE THE FOLLOWING RIGHTS
1. THE RIGHTS TO BE TREATED WITH HUMANITY AND RESPECT
2. THE RIGHTS TO NOT SUBJECTED TO TURTURE OR OTHER CRUEL
3. THE RIGHTS TO BE SEPARETED FROM ADULT OFFENDERS AT ALL TIMES
4. THE RIGHTS TO MAINTAIN CONTACT WITH HIS/HER FAMILY
5. THE RIGHTS TO BAIL AND RECOGNIZE
GIVE(3) PARTICIPATION OF THE NATIONAL INTERVENTION PROGRAM,DEVELOPED BY THE JJWC:
1. GOVERNMENT AGENCIES CONCERNED
2. NON-GOVERNMENT ORGANIZATION
3. CHILD AND YOUTH ORGANIZATION

(3) WHERE THE CASE SHALL:


1. LWSDO
2. DIVERSION
3. PROSECUTOR

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