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Juvenile Delinquency

and Juvenile Justice


System
Lecturer : Ms. Charen Gono, RCrim

CREDITS : Sir Bimboy C. Cueno, MSCJ


Dean, Foundation University, Book Author,
National Review Lecturer
PARENTAL AUTHORITY

• PARENTAL AUTHORITY (PATRIA POTESTAS)


 sum total of the rights of the parents over the person and
the property of theri child
 is the mass of rights and obligations which parents have in
relation to the person and property of their children until
their emancipation, and even after under certain
circumstances.
SUSPENSION OF PARENTAL AUTHORITY

• Conviction of parent for crime without civil interdiction


• Treats child with excessive harassment and cruelty
• Gives corrupting orders, counsel or example
• Compels child to beg
• Subjects to or allows acts of lasciviousness
GROUNDS FOR THE PERMANENT TERMINATION OF
PARENTAL AUTHORITY

• Death of parents
EMANCIPATION - FREEDOM FROM
• Death of child AUTHORITY UPON REACHING THE AGE OF
MAJORITY (18y/o)
• Emancipation of child
• Parents exercising parental authority has subjected the child or
allowed him to be subjected to sexual abuse

GENERAL RULE: A child under 7 years of age shall not be separated


from the mother UNLESS the court finds compelling reasons to order
otherwise. Paramount consideration in matters of custody of a child is
the welfare and well-being of the child
Characteristics of Parental Authority

• It is natural right and duty of the parents


• It cannot be renounced, transferred, or waived except in the cases authorized
by law
• It is jointly exercised by the father and the mother
• It is purely personal and cannot be exercised through agents
• It is temporary and will end when the child is emancipated or can otherwise
take care of himself and his property, ot the parent is unable to properly
exercise the authority.

Note: parental authority includes parental responsibility


Substitute Parental Authority
In the default of the parents or a judicial guardian, the following have right to exercise substitute parental
authority over the child in this order:
1. Surviving grandparent
2. Oldest brother or sister, over 21 years of age, unless unfit or disqualified
3. The child’s actual custodian, over 21 years of age unless unfit or disqualified (this custodian need not be a
relative of the child, but he or she must have actual custody of the child)

Who may exercise Special Parental Authority


1. The school, its administrators and teachers, or
2. The individual , entity or institution engaged in child care

Note: Special Parental Authority and responsibility apply to all authorized activities, whenever inside or
outside the premises of the school, entity or institution
RELATED PHILIPPINE LAWS AFFECTING CHILDREN
• PD 603- "Child and Youth Welfare Code". I
• R.A. 6809- Lowering the age of majority from 21 to 18 years of age.
• RA 9344- "Juvenile Justice Welfare Act of 2006".
• RA 10630- An Act Strengthening the Juvenile Justice System in the Philippines, RA. 9344.
• RA 9262- "Anti-Violence Against Women and their Children Act of 2004"".
• RA 7610- "Special Protection of Children Against Abuse, Exploitation & Discrimination"
• R.A. 8369- The law that established the "Family Court" .*
• R.A. 8552- An act establishing the rules and policies on the domestic adoption known as "Domestic
Adoption Act of 1998."
• R.A. 8043- An act establishing the rules to govern inter-country adoption of Flipino children known as
"Inter-Country Adoption Act of 1995."
• R.A. 6972- Barangay Level Development and Protection of Children Act
• R.A. 9255- An Act allowing illegitimate children to use the surname of their father
• R.A 9775- Anti-Child Pornography Act
• EO 209 - the Family Code of the Philippines
THANK
YOU

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