REVIEW NOTES

ON
JUVENILE DELINQUENCY AND CRIME PREVENTION

Institutional Influence of Juvenile Delinquency Broken home suggest of parents on the welfare
of the children. Many delinquent children come from
This chapter represent about the environment broken home if not a problematic environment in the
factors of crime, this will show that institutions like the home. This would indicate that broken home could
family, school, church, government particularly the trigger the problems in juvenile delinquent and
components of the criminal justice system, in one way criminality.
or the other are attributes to criminality and juvenile
delinquency. SOCIAL PROCESS of Juvenile Delinquency Bad
Neighborhood
FAMILY BACKGROUND
Bad neighborhood refers to areas or places in
The Home which dwelling or housing conditions are dilapidated,
unsanitary, and unhealthy which are detrimental to the
The family or the home is one of the most moral, health, and safety of the populace. It is
influential environmental factors that would lead a commonly characterized by overcrowding with
person to either a law abiding or a criminal. disintegrated and unorganized inhabitants and other
close relatives.
It is said that the home is considered as the
“cradle of human personality” for in it the child forms The School
fundamental attitudes and habits that endure through
out his life. Part of a broader social process for behavior
influence is the school. It is said that the school is an
Given a home, the child tends to become law extension of the home having the strategic position to
abiding if the following conditions are met: control crime and delinquency. It exercises authority
over every child as a constituent.
1. The child is loved and wanted and knows it
2. He was helped to grow up by not having too However, the school could be an influence to
much or too little done for him. delinquency and criminality when teachers e being
3. He is part of the family; he has fun with the disliked for they are to cross, crabby, grouchy, never
family he belongs smile, naggers, sarcastic, temperamental, unreasonable,
4. His early mistakes and badness are understood intolerant, ill mannered, too strict, and unfair. Condition
as a normal part of growing and he is corrected like these makes the students experience frustration,
without being hurt, shamed or confused. inadequacy, insecurity, and confusion, which are most
5. His growing skills are enjoyed and respected. of the time “kindergarten of crime”. In short, next to
6. He feels his parents care as much about as they parent the teachers stand as foremost in tier influence
do to his sisters and brothers. to human behavior.
7. The family sticks together with understanding
and cooperation. The Church
8. He is moderately and consistency disciplined.
Religious is a positive force for good in the
What Adequate Support Includes? community and an influence against crime and
delinquency.
1. Food
2. Dwelling or shelter The Police
3. Clothing
4. Medical Assistance The police is one of the most powerful
5. Education occupation groups in the modern society. The prime
6. Transportation mover of the criminal justice system and the number
one institution in the community with the broad goals
The family is the primary institution that molds maintaining peace and order, the protection of life and
a child to either a law-abiding person or a delinquent. property, and the enforcement of the laws.
The effects of pathological social relations in the home
are to a grate extent influence anti-social behaviors. The Government and other Component of the CJS
This means that the home can be a potent force of
either good or evil. The government and the other components of
the criminal justice system are the organized authorities
The Broken Home that enforce the laws of the land and the most powerful
in the control of people. Respect for the government is

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influenced by the respect of the people running the In law, a crime is an illegal act committed by a
government person who has criminal intent. A long-standing
presumption held that, although a person of almost any
When the people see that public officer and age can commit a criminal act, children under 9 years
employees are the first ones to violate the laws, people old were presumed to have n criminal intent. Many
will refuse to obey them, they set the first ones to juvenile courts have now discarded this so-called
follow and create an atmosphere conducive to crime infancy defense and have found that delinquent acts
and disrespect for the law. In this regard, the can be committed by children of any age.
government itself indirectly abets the commission of
crimes. Juvenile Delinquency

Non-Government Organization (NGOs) The terms juvenile delinquency is used to

describe a large number of disapprove behaviors of
The group of concerned individuals responsible children or youths. In this sense, almost anything that
for helping the government in the pursuit of community the youth does which others do not like is called
development being partners of providing the common juvenile delinquency. However, criminologist suggested
good and welfare of the people, these non-government the following factors of juvenile delinquency:
organizations are good helpers in providing the required
services, thus preventing criminality and maintaining 1. Juvenile delinquency includes the behavior
order. specifically defined as delinquent according to
the various existing laws and ordinance
The Mass Media concerning children or youth.
The media is the best institution for information 2. The definition of juvenile delinquency must take
dissemination thereby giving the public necessary need into account the social reality that reflected
to know, and do help shape everyday views about crime through the media. Books, movies and
and its control. television help people to define a particular
behavior as delinquent; they often come to be
What is JUVENILE DELINQUENCY? accepted as real.
3. While almost all children engage in behavior
Delinquency in General that is in violation of juvenile codes and laws,
we believe that ultimately, juvenile delinquents
Delinquency refers to any action; course or refers to youths who have been successfully
conduct that deviates from acts approved by the defined as delinquents.
majority of people. It is a description of those acts that
do not conform to the accepted rules, norms and mores In a more specific view, acts of juvenile
of the society (sociological definition) delinquency include violation of laws such as those
defined by juvenile codes and laws.
Delinquency, therefore, is a general term for
any misconduct or misbehavior that is tantamount to The Delinquent Person
felony or offense. It is, however distinct from crime in
the sense that the former may be in the form of A delinquent person is one who repeatedly
violation of law, ordinance or rule but it is punishable commits an act that is against the norms or mores
only by a small fine or short-term imprisonment or observed by the society. When a person habitually
both. commits an act that is not in accordance with the rules
or policies of a community where he belongs, he is
Legally speaking, delinquency means the failure considered a delinquent.
to perform an act required by law, or the non-
performance of a duty or obligation that is mandated by The Juvenile Delinquent
existing law or rule.
Juveniles are young people who are regarded
Juvenile Crime as immature o0ne whose mental as well as emotional
faculties are not fully developed thus making them
Juvenile crime, in law, terms denoting various incapable of taking full responsibility of their actions.
offences committed by children or youths under the age
18, such acts are sometimes referred to as Juvenile In legal points, the term juvenile is a person
Delinquency. Children’s offences typically include subject to juvenile is a person subject to juvenile court
delinquency acts, which would be considered crimes if proceedings because of a statutory defined event or
committed by adults, and status offenses, which are less condition caused by or affecting that person and was
serious misbehavior problems such as truancy and alleged to have occurred while his or her age was below
parental disobedience. Both are within the jurisdiction the specified age limit.
of the juvenile court; more serious offenses committed
by minors may be tried criminal court and be subject to In view of the above, juvenile delinquents are
prison sentences. youthful offenders and have been adjudicated as such
by the court of proper jurisdiction. The term should only

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be applied to children who commits criminal offenses while a minor who is over 15 but under 18 is entitled to
and is need of supervision or treatment. a penalty one degree lower than that provided by law.

What are the Problems of the present system for Article 190. It shall be the duty of the law
youth offender? enforcement agency concerned to take the youthful
offender, immediately after apprehension, to any
1. Poor conditions of detention centers available government medical or health officer for
2. Slow Administration of Justice physical and mental examination. The examination and
3. Criminal Law are too harsh for youth offenders treatment papers shall form part of the record of the
4. Lack of Coordination in assisting Youth offender case of the youth offenders.

Law Relative to Juvenile Delinquency in the Philippines Article 191. A youthful offender held for
examination or trial or pending appeal, if unable to
What is Presidential Decree No. 603? furnish bail from the time of his arrest, shall be
committed to the care of the DSWD, or local
Presidential decree no. 603 is the child and rehabilitation center in the locality; if not available, the
youth welfare Code of the Philippines which took effect provincial, city or municipal jail shall provide quarters
six month after its approval in December 10o, 1974 for youthful offenders separate from other detainees.
(June 10, 1975) applies to persons below eighteen (18) The court may, in its discretion, upon recommendation
years of age (RA 6809 lowered the age of minority from of the DSWD release the youthful offender on
21 to 18 years of age), and such persons are referred to recognizance to the custody of his parents or other
as child, or minor or youth. suitable parson who shall be responsible for his
appearance whenever required. (If detained in jail,
Who is a youthful offender under PD 603? youthful offender is expected to be escorted by a police
officer every time the court requires his appearance).
A youthful offender is a child, minor or youth,
including one who is emancipated in accordance with Article 192. Suspension of Sentence and
law, who is over nine years but under eighteen years of Commitment of youthful offenders – if after hearing,
age at the time of the commission of the offense. A the court finds that the youthful offender has
child nine years of age or under at the time of the committed the act charged against him, the court
offense shall be exempt from the criminal liability and should determine the imposable penalty including the
shall be committed to the care of his father or mother, civil liability. (However, instead of pronouncing
or nearest relative or family friend in the discretion of judgment of conviction, the court, upon application of
the court and subject to its supervision. The same shall the youthful offender and if it finds that the best
be done for a child over nine years and under fifteen interest of the public as well as of the youthful offender
years of age at the time of the commission of the will be serve thereby, shall suspend all further
offence, unless he acted with discernment, in which proceedings and shall commit such minor to the
case he shall be proceeded against in accordance with custody or care of the DSWD or any training institution
Article 192. or responsible person until he shall have reached 21
years of age, or for a shorter period as the court may
The provisions of Article 80 of the Revised Penal deem proper after considering the reports and
Code are repealed by the provisions of his chapter (as recommendations of the institution or person under
amended by PD 1179, August 15t, 1977). whose care he has been committed). Under RA 8369,
the judgment is promulgated and the suspension of the
Related Provisions of act 3815 (Revised Penal Code) sentence is automatic, without the need of application
by the Youthful Offender (you) ( See sections 5, par. A.)
The provisions of articles 189 on the exemption
of liability is the same as article 12, par.2n and 3 of the The benefits of this article does not apply to a
revised penal code: “ the following are exempt from youthful offender who was once enjoyed suspensions of
criminal liability: xxx… person under 9 years of age; sentence under its provisions or to one who is convicted
person over 9 years of age and under he shall be of an offense punishable of the by death or life
proceeded against in accordance with article 80 of this imprisonment or to one who is convicted for an offence
code (now article 192 of PD 603) xxx ….” by the Military Tribunals. ( As amended by PD 1179 and
PD 1210, October 11, 1978 ).
Articles 13 of the revised penal code also states:
“ the following are mitigating circumstances: xxx 2. that Article 194. Care and maintenance of Youthful
the offender is under 18 years of age, or over 70 years. Offenders Parents and primarily liable to support him, if
In the case of the minor, he shall be proceeded against not then the municipality; province; or the national
in accordance with the provisions of articles 80 (now government.
article 192, PD 603) xxx.” This means that the minor
offender who is under 18 is entitled to special privileged Article 195. Report on conduct of child. DSWD
mitigating circumstances, hence cannot be off-set by or government training institution or individual under
aggravating circumstances. Under Article 68 of the RPC, whose care the youthful Offender has been committed -
a minor who is over nine but under 15 is entitled to a to submit to court every 4 months or oftener as may be
penalty two degrees lower than that provided by law; required to special cases a written report on the

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conduct of the YO as well as the intellectual, physical, article 192; b) or if he may be granted probation under
moral, social and emotional progress made upon him. PD 96; c) or to enforce his civil liability if the same has
been imposed in the criminal action. The youthful
Article 196. Dismissal of the case – If it is shown offender concerned shall not be held under any
to the satisfaction of the court that the youthful probation of law to be guilty of perjury or of
offender whose sentenced has been suspended, has concealment or misrepresentation by reason of his
behaved properly and has shown his capability to be a failure to acknowledge the case or recite any fact
useful member of the community even before reaching related thereto in response to any inquiry made to him
the age of majority, upon the recommendation of the for any purpose.
DSWD, it shall dismiss the case and order his final
discharge. Records within the meaning of this article shall
include those, which may be in the files of the NBI,
Article 197. Return of youthful offender to police department or any government agency involved
court- The youthful offender shall be returned to the n the case; Medical/ treatments records mentioned in
committing court for the pronounce of judgment: (1) article 190.
when he is found to be incorrigible or has willfully failed
to comply with the conditions of his rehabilitation Rules and regulation on the Apprehension,
program, (2) when he has reached the age of 21 while Investigation, Prosecution and Rehabilitation of
in commitment (unless his case is dismissed in Youthful Offenders. (Promulgated on February 20,
accordance with article 196). In the latter case, the 1995 by the Council for the Welfare of children).
convicted youth offender may apply for probation
under the provisions of PD 968. in any case as, the Pursuant to Article 205 of PD 603, the council
youthful offender shall be credited in the service of his for the welfare of children was created which was
sentence with the full time spent in actual commitment tasked promulgates rules and regulation necessary for
and detention effected under the provisions of this the purpose of carrying into effect the provisions of the
chapter. Code (Article 209).

Article 198. Effect of Released of child Based on Objectives: The Rules and regulation seek to
Good Conduct- The final release of a child pursuant to establish basic guidelines on the apprehension,
the provisions of this chapter does not obliterate his investigation, prosecution and rehabilitation of youth
civil liability for damages. Such released shall be without offenders consistent with the needs to protect their
prejudice to the right for a writ of execution for the rights and promote their best interest.
recovery of civil damages.
Procedure:
Article 201. Civil liability of youthful offender-
the civil liability for the acts committed by a youthful 1. Apprehension – Arresting Officer (AO) to inform
offender shall devolve upon the offenders father or the youth of the reason of his apprehension and
mother or the guardian as the case may be. A relative or advise him of his legal rights in a language
family friend of the youthful offender may also understood by him. The youth is then brought to
voluntarily assume civil liability. the nearest police station where the apprehension
and the name of the arresting officer is recorded in
Article 199. Living Quarters for youthful the police blotter. The police officer shall notify the
Offenders – Youthful Offender under articles 197 shall DSWD and the parents or guardian of the youth
be committed to the proper penal institution to serve within eight (8) hours from the time of
thee remaining period of his sentence, provided that, apprehension. Arresting Officer shall not employ
they shall be provided with separate quarters and as far unnecessary force; vulgar or profane words shall
a practicable, group them according to appropriate age not be used; handcuffs shall not be used unless
levels or other criteria as will insure their speedy absolutely necessary; female youth shall be
rehabilitation, provided further that the Bureau of searched only a female police officer.
Prisons shall maintain agriculture and forestry camps
where youthful offenders may serve their sentence in 2. Investigation / Interview – to be held in private
lieu of confinement in regular penitentiaries. and in the presence of his legal counsel and
whenever possible his parents, guardian or
Article 200. Records of proceeding – 1) when a social worker wherein he shall be advised of his
youthful Offender has been charged and the charges right to remain silent and to have a counsel of
have been ordered dropped, all the records of the case his own choice.
shall be considered privileged and ay not be disclosed
directly or indirectly to any one for any purpose 3. Physical / Mental Examination – before a
whatsoever. 2) Where the youthful Offender has been government medical or health officer; steps
charged and the courts acquits him, or dismiss the case shall be undertaken to provide treatment when
against him or commits him to an institution and necessary. (Most often this process is taken for
subsequently release him, all records of his case shall granted or even forgotten, hence even during
also be considered privileged and may not be disclosed confinement, it is the duty of the jail officers to
directly or indirect to anyone except: a) to determine if take steps to provide necessary medical
a defendant may have sentence suspended under attention to youths needing the same).

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 to do. But what is important is that, we the adults in
4. Referral of Case to Social Worker – the youth our family and / or community should be vigilant in
shall be released to the custody of a social the protection of our youth against abuse,
worker or a responsible person in the exploitation and discrimination, more particularly
community for supervision and counseling or child prostitution and indecent shows; acts of abuse
other intervention that may be provided for the such as neglect, cruelty and other condition
best interest to the youth. prejudicial to the child’s development and
circumstances which endanger child survival and
5. Referral of Case Prosecutor – if his findings normal development.
warrant the AO shall forward the records of the
case of the youth under custody to the Republic Act No. 8369 – The Family Courts act of 1997 (
prosecutor for the conduct of inquest or Approved on October 28, 1997).
preliminary investigation to determine whether
the youth should remain in custody and An act establishing Family Courts, grating them
correspondingly charged in court. The Exclusive Original Jurisdiction over Child and Family
transmittal letter shall display the word Youth in case, amending BP Blg . 129 as amended, otherwise
bold letters. The prosecutor shall encourage known as the judiciary Reorganization act of 1980,
that counsel represent the youth; a counsel appropriating funds therefore and for other
shall be assigned if his parents is unable to give purposes.
adequate representation.
Sec 5- Jurisdiction of Family Courts. The family
6. Temporary Commitment – the youth under Court shall have exclusive original jurisdiction to
investigation or trial, if unable to furnish bail; hear and decide the following cases:
shall be committed to the care of the DSWD or
rehabilitation center of detention home a. Criminal Cases where one or more of the accused
separate and distinct from jails. is below 18 but not less than 9 years of age, or
where one or more of the victim is a minor at the
7. Filing of Complaint / Information – if the time of the offenses, Provided if the minor is guilty,
evidenced submitted in the inquest or primarily the court shall promulgate sentence and ascertain
investigation engenders a well- founded belief any civil liability which the accused may have
that a crime has been committed and that the incurred. The sentence however, shall be
youth is probably guilty thereof, the suspended without need of application pursuant to
corresponding criminal complaint / information PD 603.
shall be filed against the youth in court.
8. Trial- the trial of a case against a youth offender b. Petition for guardianship, custody of children and
shall be conducted in accordance with RA 8368. habeas corpus in relation to the latter;

9. Suspension of Sentence – if after trial, the court c. Petition for adoption of children and revocation
finds that the youth committed the acts charged thereof;
against him, it should determine the impossible
penalty including the civil liability chargeable d. Complaints of annulments of marriage,
against him. (However, instead of pronouncing declaration of nullity of marriage and thus relating
judgment of conviction, the court upon application to marital status and property relations of husband
of the youth, shall suspend all further proceedings and wife or those living together under different
and commit the youth to the custody and care of status and agreements, and petition for dissolution
the DSWD or to any training institution or of conjugal partnership of gains;
responsible person until he has reached the age of
21 or for a shorter period as the court may deem e. Petition for support and acknowledgement;
proper upon recommendation of the department
etc.). Refer to Section 5, par. A of RA 8369. f. Summary Judicial Proceedings brought under the
provisions of the Family Code of the Philippines;
Republic Act No. 7610 – Special Protection of Children
Against Child Abuse, Exploitation and Discrimination g. Petition for declaration of status of children as
Act. (Approved June 17, 1992). abandoned, dependent of children or neglected,
petition for voluntary or involuntary commitment of
As can be gleaned from the title, the children, the suspension, termination, or
objective of the law is for the protection of the child restoration of parental authority and other cases
from becoming a VICTIM of chills abuse, cognizable under PD 603 and other related laws.
exploitation and discrimination. It does not speak of
the child or minor as offender. However, it does not h. Petitions for constitution of the family home;
mean to preclude the possibility that the minor is
not capable of committing the acts prohibited by i. Cases against minor cognizable under Dangerous
the law. It is a given fact that sometimes, minors Drug Act as amended;
conceal their true age in order to be able to avail for
themselves some activities only adults are supposed j. Violations of R.A. 7610 as amended by R.A. 7658

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 k. Cases of domestic violence against: 1) women 2) C. Mass Communication Media
children
1. Promote crime by constantly advertising
Delinquency in relation to: 2. Glorify criminal leaders and continuous
increasing their prestige
A. Home and Family-Characteristic of Normal Homes: 3. Interfere in the administration of justice by trial
publicity and by giving information to public
1. Physically complete whereby both natural 4. They provide public with regard to crime which
parents are present makes consistent and sober judicial and
2. There is a social and religious homogeneity in preventive procedure difficult
the group. Both in the parents are of the same 5. Newspapers frequently advance information to
race and professing the same religion. the criminals regarding the plans of the police
3. It must be economically stable to maintain and the procedure difficult.
normal health working efficiency and morale.
4. Both parents must have the came cultural Classification of Public and Private Child Welfare
background.
5. There must be physical and psychological 1. Child Caring Institution – purpose is education
normality. in one or more pupils do not return to their
6. Moral conformity, which means with the moral homes for two months
of both parents and children in neighborhood. 2. Detention Homes – for youthful offender
7. There must be functional adequacy. waiting disposition of their cases.
3. Receiving Home – a home type of institutional
Basic Needs of Children: observation and study for eventual replacement
to an institution.
1. Economic security 4. Shelter Care Institution – temporary protection
2. Affectional security as a result of forfeitous events
3. Recognition 5. Nursery – 6 or more children below 6 years of
4. Status age.
6. Rehabilitation Center – a home for a youthful
Home Influence on Delinquency: offender or other disturbed children.
7. Reception and Study Center – Study, diagnosis
1. Delinquency caused by a broken home temporary treatment for children who have
2. Delinquency caused by a conflict of culture behavioral problem.
3. Delinquency caused by family contagion
transmitted diseased Question and Answer
4. Delinquency caused by failure to socialize the
child 1. Q- A 17 year-old boy was found guilty after
5. Delinquency caused by emotional tensions a6t hearing in proper proceedings, to have
home committed the act charged against him. The
6. Delinquency caused by failing to provide court upon application by the youthful offender
sympathy and understanding confidential denied his application for suspension of
relationships sentence. Can he appeal the denial of the court
7. Delinquency caused by family disciplinary to higher court or authority?
policies delinquency caused by injuring the
status of the child in the community A- No. the order of the court denying the
application for suspension of sentence under
B. School-Causes Dropout: the provision of article 192 of the RPC is not
appealable.
1. Low socioeconomic status of the family where
they belong 2. Q- When shall the benefit of suspended
2. Low intelligence of children sentence not apply to a youthful offender?
3. Lack of motivation and related poor
performance A.-The benefit shall not apply to a youthful
4. Emotional instability and personal defect offender who has once enjoyed suspension of
5. Ineffective adjustment of instruction subject to sentence under the provision of Article 192 or
pupil’ needs to one who is convicted of an offense
6. Lack of participation in extracurricular activities punishable by death or life imprisonment.
7. Disinterest subjects
8. Grade retardation 3. Q- Will the young offender be credited of
9. Unsympathetic attitudes of parents preventive imprisonment if found incorrigible
10. Broken homes and adjudged guilty by the court?
11. Feeling of not belonging in the classes vague
academic or vocation plan
12. Truancy

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 A. Yes, the young offender shall be credited the attainment of their objective may return
actual service of sentence in actual religion as vehicle of crime.
commitment and detention.
13. Q- Is community important in the life of the
4. Q- Can the young offender apply for the Child?
probation after the pronouncement of the
judgment of conviction? A- True. In a community a child form his behavior
and attitude. It shape its own social values
A- Yes, the convicted offender may apply
for probation under the provision of PD 968. Children
And may be granted it without the
disqualification. As defined in RA 7610, the Special Protection of
Children against Child Abuse, Exploitation and
5. Q- How will the record of proceedings be Discrimination Act, Children refers to persons below
considered of a youthful offender whose eighteen (18) years of age. These are very vulnerable
charges against him were dropped before any individuals prone to abuse exploitation and violence.
city or provincial fiscal or before any municipal
judge? Rights of Children

A- the records of proceedings shall be  Right to equality, regardless of race, color,

considered as privilege and may not be religion sex and nationality
disclosed directly to anyone for any purpose  Right to name and nationality
whatsoever.  Right to grow up in family environment
 Right of adequate means of survival, food,
6. Q- Children commit delinquency in order to- clothing, shelter and medical care.
 Right to free education, play and recreation
A- Escape from emotional tension  Right to express his views
 Right to immediate aid in the event of disaster
7. Q- Children fail to continue to attend classes or and emergencies
to pursue further education in school due to-  Protection from cruelty, neglect and all forms of
A-Unsympathetic attitudes of parents to education exploitation
 Protection from persecution and to an
8. Q- Children have their initial experience with upbringing in the spirit of worldwide
others receive protection, no0rmal instruction brotherhood and peace
and basic physical and emotional satisfaction-
Existing Measures Protecting and promoting Child
A- from the family Rights

9. Q- The most common cause of broken homes  Signing by the Government of the UN
is- Convention on the rights of the Child
 Enactment by Congress of Republic Act 7610 in
A- due to death of one of the spouses 1992 which provides for strong deterrence and
special protection against child abuse,
10. Q- Is delinquency caused by family disciplinary exploitation, discrimination and penalties for
policies such violations
 Launching of the “Munting Bayani Award” in
A- True. The indifference of parents to children 1995 in honor children who perform exemplary
behavior: too great severity its discipline deeds of heroism in their communities
 Proclamation of Child Development Week
11. Q- Are television, radio, motion picture, (October 5-11) to increase awareness and
newspaper and comics considered to be crime commitment of parents and communities in
producing? promotion of values and respect f0or the rights
of children
A- True. Because they fail to promote respect of  Improvement of teacher’s manual and conduct
law and order which may interfere with of teacher’s training to make the educational
efficient administration of justice. The criminals system relevant to children’s development
are presented sometimes as heroes.  Launching of the Bench book on the Child in the
Criminal Justice System by the foundation for
12. Q- Does religion aggravate crime problem? the Advancement of interest and the rights of
the child (fair child) composed of prosecutors,
A- True. The active participation of certain judges and lawyers
religious and in political campaign inculcation
the of certain moral dictum not in consonance Youth
with the accepted norm of society the
preaching of the use of violence in the

7
 RA 8044 for the Youth in Nation Building act,
defined youth as person belonging to the age 15-30 Requirements in the proper discharge of Police
range. More than 20% of the population belongs to this responsibilities
sector. Youth is categorized in four ways. The in-school
and out-of-school youth, working and the special youth. A. Close observation of places and condition,
which may be regarded as breeding places for
Rights of Youth crime and delinquency.
B. Always in a better position than others to
 Right to equality discover the existence of harmful influences to
 Right to education the children
 Right to organize C. Know who are potential or actual delinquents
 Right to participate in youth programs and and recognize who are victims of neglects and
policy development abuse
 Right to actively participate in the task of nation D. Determine what measures to be adopted or
building which course will be the most advantageous for
its own area.
Vices – is a wrong, degrading or immoral habit or E. Give emphasis to the public that home is the
practice accustomed to the child. most vital force in the prevention of juvenile
delinquency.
Truancy – Means absence without cause fro more than
twenty school days, not necessary consecutive. It shall The following procedures have been found by practical
be the duty of the teacher in charge to report to parents experience to be the most conducive to the juveniles’
the absences of the child the moment these exceed five welfare, as well as in the best interest of the police
school days. department’s aims and purposes.

PREVENTION OF UNLAWFUL BEHAVIOR OF YOUTH 1. Treat the juvenile with consideration

AND CONDITIONS CAUSING ANTI-SOCIAL ACTIVITIES 2. Be friendly
3. Be firm. Appear to his intelligence, to his
Prevention – it implies the keeping of unlawful behavior reasons and his sense of fairness
from occurring originally or keeping unlawful behavior 4. Discover the child’s problem if possible
to a minimum and thus avoiding police intervention. 5. Try to gain the child’s respect and
confidence
The prevention phase is accomplished by the 6. Remember that child of today is the man of
following: tomorrow. It is wise to point out very
clearly that disastrous result to a boy’s life if
1. Influencing youth, parents and the general public he is convicted of a major crime, in that,
to meet the basic needs of the youth and to this conviction will be a marked against him
conform to all laws and regulations made for their all the rest of his life.
protection.
2. Participation in community organization planning So, in dealing with the juveniles do no resort to
with other agencies and citizens to improve the vulgarity or obscenity, do not use insulting names and
total community. never lose your temper.
3. Providing overall effective police operations, which
reduces the desire on the part of the individuals to How the patrolman can help prevent delinquency?
commit unlawful acts.
The offer on patrol may have occasion to talk
POLICE RESPONSIBILITY many boys and girls engaged in some act of misconduct.
The probabilities are that the officer will summarily
Law enforcement’s responsibility to the dispose of most of these cases at that time. A firm but
community is probably greater than that of any official friendly warning will be sufficient.
agency. Primarily the following are the responsibility
include to them: The manner in which the officer handles the
child in hi difficulty with the police maybe the turning
a. Detection of Crime point in the youngster future life. For this reason it is
b. Apprehension of Offenders imperative that every officer, from the director down
c. Preservation of Peace the newest recruit, have an understanding in how
d. General Safety to the Public juveniles should be interviewed and treated. All too
often the police officer, because he deals in those
The discharge of this obligation was automatic, problems day after day, becomes so routine in action
and if done satisfactorily, delinquency and crime that he looses sight of the vital fact that the citizens this
prevention would be controlled with no further effort meeting is undoubtedly one of the most important
on the part of the police or of the public. So, prevention events of their lives. They will remember most of the
must always be a tool, an instrument and must be as details of the meeting for years and will tell and retell to
define as the criminal so that they may be prevented their friends and acquaintances just what happened. In
before they can be done or do an act. the retelling there is a very strong possibility that the

8
story will take on color and be slanted so as to appear rehabilitation of children in especially difficult
favorable to the citizen, and he will show the officer in circumstances. It is therefore crucial that relationship
rather in bad light. If the officer is truly brusque that is establish between the police and the child should
discourteous and obviously disinterested in the story help guide the latter towards a constructive and
related to him by the citizen, and if any unnecessary productive life in the community, instead of intensifying
force is employed, or if the officer used foul or abusive anti-social feeling or fear of persons in authority. A
language, then when the citizen retells the story he will prerequisite to this understanding of the child’s
be very vindictive and all law enforcement will suffer behavior and attitude towards his parent and society in
because of the improper acts of that one police officer. general. It would also help to know his attitude towards
It is better for the officer to use much fact and patience, the police who is a visible symbol of authority.
and to be courteous at all times. The citizens will very
likely to favorably impressed and in retelling his story The following procedures are designed to guide
later to his friends, he will be more charitable towards policemen in becoming effective partners in the
the police officer and thereby will do the law protection and rehabilitation of CEDC. This guide covers
enforcement profession much good, instead of harm. police activities in the protection of children, especially
This applies to both children and adults, even more to in the management of a child as the accused, as victim,
children since they are so extremely impressionable. as complainant and as witness.

MANAGEMENT OF CASES OF CHILDREN 1. Protection of Children

General Policy This involves the removal or control

environment hazards that directly affect children. To
It is responsibility of the police to ensure public achieve this, the police assigned to handle these
safety: to protect lives, properties and the rights of children shall undertake the following:
every individual, including children; to enforce laws; to
maintain peace and order; to prevent crimes; to effect  Get involved in the local council for the
the arrest of offenders; to provide for their custody and protection of children (LCPC) or other similar
rehabilitation; to investigate the commission of all councils, which serve as excellent public
crimes and offenses; and to bring the offenders to relation media such involvement will give the
justice. police an opportunity to gauge the community’s
feelings toward them and so that their work
Consonance with this duty and in coordination and performance may be properly interpreted
with the pother components of the juvenile justice and evaluated. Ultimately, with this kind of
system, the police shall strive to bring about a peaceful involvement, the police can enlist the
and orderly environment necessary to promote the community to support their objectives.
wholesome growth of children as well as to enhance  Help explain laws particularly those pertaining
their physical, mental and spiritual well being. In dealing to children. The police should promote the
with children in especially difficult circumstances, the United Nations on the Rights of the Child by
primary consideration will not only be the security and participating in community assemblies that are
protection of society but also the welfare and being conducted by the Community Relations
rehabilitation of these children. Unit of the Philippine National Police (PNP) and
other civic groups in the community.
Guidelines and Procedures  Make “spot map” which will indicate areas with
a high incidence of delinquency and the
Specialization in the handling and protection of presence of other problems affecting children.
CEDC requires the application of appropriate This map will pinpoint specific areas that need
techniques, approaches and procedures in the help so that planning of programs will become
processing of their case. Through this handbook, more realistic and police attention more
efficiency and effectiveness in the protection and focused.
rehabilitation of the CEDC will be enhanced and  Conduct patrol operations and inspections
promoted. especially in places or situations wherein the
youth is exposed or could be exposed to danger
The guidelines have two (2) major components, (e.g. commercial/recreation centers bus or
namely: Management of Children in Especially Difficult railroad depots , bars, small unregistered
Circumstances and Recording\Reporting. Each factories/firms where working children are
component consists of recommended courses of action, numerous, markers and gang “hangouts”
which the Children and Youth Relation Section (CYRS)  Conduct surveillance of places or person
and/or the Children and Youth Relations Officer (CYRO) suspected or molesting or abusing children or
must observe and implement.’ those likely to molest or abuse them.
Particularly attention should be given to
A. Management of Children in Especially Difficult children in tourism and hotel operations,
Circumstances. pyrotechnics, mining, quarrying, garments
manufacturing, etc.
The broad of police work has become
increasingly important in the protection and 2. Management of a Child as the accused

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 guidelines will help the police in carrying out the
Handling as child requires adequate knowledge investigation efficiently and effectively.
of the pas offenses he has committed, the facts and
circumstances relating to each offense committed the *. In no case should a child be investigated by the police
seriousness of the offense and the child’s role in the or a statement be extracted from him in the absence
commission of the offense. Particularly attention should of his parents, guardian or social worker. In their
also be focused on the social factors affecting children. presence, the child shall be informed of his
As the police gains experience handling this case, their constitutional rights to remain silent and to counsel in a
skills in managing cases of children who committed language that is clearly understood by the child, the
offenses will also be developed to the fullest. parents, guardian or relatives. Such investigation should
be conducted within the legal detention period.
a. Apprehension
*. In no case should deceit, false promises or
Apprehension is the stage of first contact intimidation, or harsh treatment be employed against
between the offender and the apprehending police. It is the child during the investigation process.
important at this stage to spare the child from
traumatic experiences in which he may carry with him *. Third degree methods of physical punishment or any
throughout his lifetime. device that will tend to affect the physical and mental
health of the youth should never be used.
In order to avoid this, the apprehending police
officer should observe the following: *. In interviewing the child, there should be sufficient
privacy, avoiding unnecessary interruptions as much as
* Serve the child a warrant of arrest or search possible. The child should feel comfortable in a separate
warrant on the child in a legal, humane and responsible interview room.
manner.
 Be in plain clothes and avoid using marked The following are the basic techniques in
vehicles. interviewing the child, which have proven successful
 Avoid using vulgar words and a tone that will and therefore can guide policemen in developing better
attract the attention of people around the child. skills in this important responsibility.
 Take the child by the hands instead of collaring
or dragging him. The police Officer should:
 Avoid the use of handcuffs
 Take the child to any available government  Treat the Child with Consideration- Remember
medical or health officer in the area for a that the child thinks of you and of your conduct
physical and mental examination immediately may influence his/her future attitude to be
after apprehension, as provided for under Art. informed or to be opposed to social and legal
190 of P.D. 603 the examination and treatment requirements.
papers shall form part of the records of the case  Be Friendly- Many children feel that the world
of the child. For drug users/dependents, the is against them. Do not let your conduct further
police should facilitate the conduct of a drug the development of an anti-social attitude in
test with the Dangerous drugs Board or any the child. Many children are discouraged to face
accredited physician in the locality and refer the life, feeling that they have lost the chance for
case to appropriate agencies for assistance. better future.
 Inform the Senior Social Worker of the  Try to gain the child’s confidence and respect-
Department of Social Welfare and Development If the child believes in you, it will be easy to get
of the apprehension of the child within eight (8) the information from him.
hours so that immediate intervention can be  Identify himself properly- Give your name and
provided. rank so that the child knows exactly who you
 Inform the parents within eight (8) hours about are. This will help facilitate the interview.
the arrest and ask them to come to the police  Be prepared for the interview. Try to get the
station. details of the offense and significant knowledge
 If the police officer is not a member of the CYRS about others who may have been involved.
he should immediately turn over the apprehend Look into the family situation.
child to the CYRS/CYRO for proper disposition of  Conduct an initial interview as soon as possible
the case. after arrest or detention of the child- This will
demonstrate your interest and prevent the child
b. Investigating Interviewing from making up an alibi.
 Tell the child of his willingness to help- If the
Investigating, specially interviewing, is an child knows of your constructive aims, he will
important aspect of the job of every law enforcer. He cooperate. He concerned for his welfare.
constantly interviews the child, parent’s witnesses and  Discover the child’s problem- If you are able to
other persons vital to the case. The experience’s that know his problems, you may be able to help
are imprinted in the minds of these children will depend him.
greatly upon how competent, efficient and considerate  Talk his Language- Use simple expressions that
he is in conducting the interview. The following can be easily understood. Avoid using technical

10
 terms. If possible, use the vernacular or the ABUSE - Term for acts or omissions by a legal caretaker.
child’s dialect. Encompasses a broad range of acts, and usually requires
 Encourage the child to do most of the talking- proof of intent.
You can learn more about him when you talk
less. Most children respond readily to a person ADJUDICATION - The phase of a delinquency hearing
who shows interest in their abilities, attitudes, similar to a "trial" in adult criminal court, except that
habits, etc. Discuss a common interest like juveniles have no right to a jury trial, a public trial, or
sports or other activities that interest him most. bail. 
This will help him feel at ease and comfortable. ADMINISTRATIVE PROCEDURE - Any of the processes
 Be a good listener- Concentrate on the involving enforcement of care, custody, or support
interview so that the child will feel that you are orders by an executive agency rather than by courts or
deeply concerned. Avoid turning your attention judges.
to another person or any detail while the ADOPTION - A legal relationship between two people
interview is in progress. not biologically related, usually terminating the rights of
 Be patient and firm- Do not expect to settle biological parents, and usually with a trial "live-in"
every case in record time. Anticipate a certain period. Once an adoption is finalized, the records are
amount of resistance and avoid pressing for the sealed and only the most compelling interests will
facts. You can appeal to the child’s intelligence enable disclosure of documents.
reason and sense of fairness.
 Respect the child’s personality- Treat him/her ADOPTION AND SAFE FAMILIES ACT of 1997 - Moves
as a person of worth and dignity, and as a children more quickly into permanent, adoptive
human being with problems that need your placements, rather than letting them languish in foster
support and understanding. homes.
 Allow the child to write his/her story- This may BEST INTERESTS OF THE CHILD RULE - Legal doctrine
prevent resistance which the child may likely establishing court as determiner of best environment
manifest during the interview. Leave the child for raising child. An alternative to the Parens Patriae
alone to do this for so long as you are certain of Doctrine.
security measures. BREED v. JONES (1975) - Case allowing second
prosecution in adult court for conviction in juvenile
The police officer should not: court, based on idea that first conviction was a "civil"
matter.
 Resort to vulgarity or profanity- This will CASE LAW - Law established by the history of judicial
humiliate the child all the more, directly decisions in cases decided by judges, as opposed to
affecting his already battered self-esteem. common law which is developed from the history of
 Brand the child- Words such as thief, liar, judicial decisions and social customs.
burglar, etc.. Should never be used in reference
to him/her in the presence of other people. The CHILD PROTECTION ACTION - The filing of legal papers
use of such words towards the child reflects the by a child welfare agency when its investigation has
character and intelligence of the police. turned up evidence of child abuse. This is a civil, rather
 Lose his temper- The police should be patient. than criminal, charge designed to take preventive action
 Use physical force- Rough treatment does not (like appointment of a Guardian ad litem) for at-risk
gain respect but tends to develop greater children before abuse occurs.
hostility.
 Take notes immediately- The practice of CHILD SUPPORT – the act of being responsible for
interviewing while typing does not help the enforcing child support obligations.
child feel totally accepted. In taking down
notes, the most important data to be CHILD VICTIMS' AND CHILD WITNESS' RIGHTS - A 1990
established and validated is the age of the child. federal law allowing courts to take extraordinary steps
This should be based on the given birth, or in in protecting the emotional health of any child called to
case of doubts, references should be made testify in a courtroom.
from available records, such as school records
and such other documents. CHINS (Child In Need of Supervision) - A term applied to
status offenders adjudicated in juvenile court.
DEFINITION OF TERMS
CIVIL PROTECTION ORDER - A form of protective
ABANDONMENT - The most common legal grounds for custody in which a child welfare or police agency order
termination of parental rights, also a form of child an adult suspected of abuse to leave the home.
abuse in most states. Sporadic visits, a few phone calls,
or birthday cards are not sufficient to maintain parental CUSTODIAL CONFINEMENT - Court order for placement
rights. Fathers who manifest indifference toward a in a secure facility, separate from adults, for the
pregnant mother are also viewed as abandoning the rehabilitation of a juvenile delinquent.
child when it is born.
DELINQUENCY PROCEEDING - Court action to officially
declare someone a juvenile delinquent. A "delinquent"
is defined as under the age of majority who has been

11
convicted in juvenile court of something that would be probation, social worker, parent and child) talk and
classified as a crime in adult court. decide whether to handle the case formally or
informally.
DEPENDENT - Anyone under the care of someone else.
A child ceases to be a dependent when they reach the JUDGMENT - Any official decision or finding of a judge
age of emancipation. or administrative agency hearing officer upon the
respective rights and claims of parties to an action; also
DESHANEY v. WINNEBAGO COUNTY (1989) - Case known as a decree or order.
limiting extent by which government exercises parent’s
patriae power. KENT v. U.S. (1966) - Case requiring a special hearing
DISPOSITION - Phase of delinquency proceeding similar before any transfers to adult court.
to "sentencing" phase of adult trial. The judge must
consider alternative, innovative, and individualized MATERNAL PREFERENCE RULE - Legal doctrine granting
sentences rather than imposing standard sentences. mothers custodial preference after a divorce.

DIVERSION - An alternative to trial decided upon at NEGLECT - Parental failure to provide a child with basic
intake to refer the child to counseling or other social necessities when able to do so. Encompasses a variety
services. of forms of abuse that do not require the element of
EMANCIPATION - Independence of a minor from his or intent.
her parents before reaching age of majority. PARENS PATRIAE - Legal doctrine establishing
"parental" role of state over welfare of its citizens,
EQUAL PROTECTION – A clause requiring government especially its children. A 19th century idea first
to treat similarly situated people the same or have good articulated in Prince v. Massachusetts (1944).
reason for treating them differently. Compelling reasons
are considered to exist for treating children differently. PAROLE - Release of a juvenile delinquent from
FAMILY IMMUNITY DOCTRINE - Legal doctrine custodial confinement prior to expiration of sentence;
preventing unemancipated children from suing their sometimes called aftercare.
parents. PATERNITY - Result of lawsuit forcing a reluctant man to
FAMILY PURPOSE DOCTRINE - Legal doctrine holding assume obligations of fatherhood. Blood and DNA tests
parents liable for injuries caused by a child's negligent showing a 98 or 99 percent likelihood are the standard.
driving or other actions. Laws vary widely in terms of statutes of limitations and
FOSTER CARE - Temporary care funded via Federal- when paternity actions will not be allowed (estoppel).
State pass-through and arranged by a child welfare
agency in order to allow receipt of adequate food, PLEADING - In juvenile court, a plea of "not guilty" will
clothing, shelter, education, and medical treatment for move the case to adjudication, and a plea of "guilty" or
anyone raising a child that is not their own. "nolo contendere" will result in waiver of the right to
trial. State procedures vary widely in how intelligent
GUARDIAN AD LITEM - Phrase meaning "For the and voluntary pleas are accepted.
Proceeding" referring to adults who look after the
welfare of a child and represent their legal interests. PRELIMINARY HEARING - The bringing of a juvenile
before a magistrate or judge in which charges are
GUARDIANSHIP - Court order giving an individual or formally presented. Similar to an arraignment in adult
organization legal authority over a child. A guardian of court, and also called "advisory hearings" or "initial
the person is usually an individual and the child is called appearances" in some state juvenile justice systems.
a ward. A guardian of the estate is usually an
organization, like a bank, which manages the property PREVENTIVE DETENTION - Keeping a juvenile in custody
and assets of a child's inheritance. Guardians are usually or under a different living arrangement until the time
compensated for their services. when an adjudication can take place. Upheld in Schall v.
Martin (1984), but the right to speedy trial requires the
ILLEGITIMACY - Being born to unmarried parents. The dropping of charges if an unreasonable amount of time
law assumes legitimacy via a married mother's husband, is spent in preventive detention.
whether or not this is the true father. Illegitimacy status
limits inheritance rights. PROTECTIVE CUSTODY - Emergency, temporary custody
by a child welfare agency, police agency, or hospital for
IN LOCO PARENTIS - Teachers, administrators, and reasons of imminent danger to the child. A hearing
babysitters who are viewed as having some temporary must be held for the benefit of the parents within a few
parental rights & obligations. days.

IN RE GAULT (1967) – (US) - Case that determined the PSYCHOLOGICAL PARENT DOCTRINE - Legal doctrine
Constitution requires a separate juvenile justice system granting custody to the parent whom the child feels the
with certain standard procedures and protections, but greatest emotional attachment to.
still not as many as in adult systems.
RESTITUTION - A disposition requiring a defendant to
INTAKE - Procedure prior to preliminary hearing in pay damages to a victim. The law prohibits making
which a group of people (intake officer, police, restitution a condition of receiving probation. Poor

12
families cannot be deprived of probation simply
because they are too poor to afford restitution. Some
states do not allow families to pay restitution.

RULE OF SIXTEEN – (US) - Federal and state laws that

prohibit anyone under age 16 from employment.

STANFORD v. KENTUCKY (1989) - Case in which it was

determined constitutional to execute juveniles between
the ages of 16-18, but unconstitutional if they
committed crimes while under age 16. Won by a narrow
majority, as in the 1988 case of Thompson v. Oklahoma
which relied upon "standards of decency".

STATUS OFFENSE - An activity illegal when engaged in

by a minor, but not when done by an adult. Examples
include truancy, curfew, running away, or habitually
disobeying parents.

STEPPARENT - A spouse of a biological parent who has

no legal rights or duties to the child other than those
which have been voluntarily accepted.

SURROGATE PARENT - A parent who provided an egg,

sperm, or uterus with an intent of giving the child up for
adoption to specific parties.

TENDER YEARS DOCTRINE - Legal doctrine that unless

the mother is "unfit", very young children should be
placed in custody with their mother following a divorce.

TERMINATION HEARINGS - Process for legally severing

the parent-child relationship. Initiated by the filing of a
petition in family court, and almost always brought
forth by a child welfare agency. Requires a finding of
"unfitness" and a determination of the best interests of
the child.

UNFIT PARENT - A temporary or permanent termination

of parental rights in the best interest of the child usually
for reasons of abandonment, abuse, or neglect, but also
including mental illness, addiction, or criminal record.
Poverty alone and character flaws are prohibited by law
from being indicators of "unfitness".

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