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Juvenile Delinquency and Juvenile Justice System

Prepared by: Frederick A. Rodriguez

1st Place Oct. 2005 Licensure Examination for Criminologists

What is “Doli Incapax?”

Incapable of guilt

A presumption that a child is "incapable of crime" under legislation or common law. Or rather, the presumption that a child cannot form mens rea as they
do not yet have a sufficient understanding between "right and wrong." Presumption that young children or persons with diminished mental capacity cannot
form the intent to commit a crime.

DISCERNMENT- the capacity to determine what is right and wrong

MENS REA– criminal intent
ACTUS REUS- GUILTY ACT

Best Interest of the Child refers to the:

• totality of the circumstances and conditions
• which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical,
psychological and emotional development.
• It also means the least detrimental available alternative for safeguarding the growth and development of the child.

Child refers to a person under the age of eighteen (18) years.

Child at Risk refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances,
such as, but not limited to, the following:
• being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian
refuse, are unwilling, or unable to provide protection for the child;
• being exploited including sexually or economically;
• being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found;
• coming from a dysfunctional or broken family or without a parent or guardian;
• being out of school;
• being a street child;
• being a member of a gang;
• living in a community with a high level of criminality or drug abuse; and
• living in situations of armed conflict.

Child in Conflict with the Law (CICL)refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

Community-based Programs refers to the programs provided in a community setting developed for purposes of intervention and diversion, as well as
rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community.

Initial Contact With-the Child refers to the apprehension or taking into custody of a child in conflict with the law-by-law enforcement officers or private
citizens.
It includes the time when the child alleged to be in conflict with the law receives a subpoena or summons

Diversion Program refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without
resorting to formal court proceedings.

Recognizance refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child
in conflict with the law, when required. Bail:
• Cash deposit
• Property bond-
• Corporate surety
• Recognizance
Restorative Justice
 refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the
community.
 It seeks to obtain

-reparation for the victim;

-reconciliation of the offender, the offended and the community; and
-reassurance to the offender that he/she can be reintegrated into society.
 It also enhances public safety by activating the offender, the victim and the community in prevention strategies.

Status Offenses refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These
shall include curfew violations; truancy, parental disobedience and the like.
20 days absences

Bahay Pag-asa refers to a 24-hour child-caring institution

-established, funded and managed by local government units (LGUs) ----and licensed and/or accredited nongovernment organizations (NGOs)
-providing short-term residential care for children in conflict with the law
-who are above (15) but below (18) years of age who are -awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.

Part of the features of a ‘Bahay Pag-asa’ is an Intensive Juvenile Intervention and Support center.(IJISC) A multi-disciplinary team composed of
-a social worker,
-a psychologist/mental health professional,

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
 CHAPS ONLINE TUTORIAL SERVICES
CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION
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Globe Contact no. (0926) – 056 – 8167; Email Address: [email protected]
-a medical doctor,
-an educational/guidance counselor and
-a Barangay Council for the Protection of Children (BCPC) member shall operate the ‘Bahay Pag-asa’. The team will work on the individualized intervention
plan with the child and the child’s family.

Under RA 9344- this is the Youth Detention Home

Youth Rehabilitation Center refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs,
licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law.
Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the
end view of reintegrating them into their families and communities as socially functioning individuals.
Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them.

Victimless Crimes refers to offenses where there is no private offended party. Public Order crime

Juvenile Justice and Welfare System refers to 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.
Juvenile Justice System Vs Criminal Justice System

Rights of the CICL

the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; Rights of the CICL
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release;

Rights of the CICL

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a
disposition of last resort, and which shall be for the shortest appropriate period of time; Rights of the CICL

the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account the needs of a person
of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult
offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict
with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances;

Rights of the CICL

the right to bail and recognizance, in appropriate cases;

Rights of the CICL

the right to have his/her privacy respected fully at all stages of the proceedings;

the right to diversion if he/she is qualified and voluntarily avails of the same;

Rights of the CICL

the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to
impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty;
***

Rights of the CICL

in general, the right to automatic suspension of sentence;

Rights of the CICL

the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

Rights of the CICL

the right to be free from liability for perjury, concealment or misrepresentation; and
Minimum Age of Criminal Responsibility
Lowest age where a person can be charged of a criminal case.
15
-15 years old
-below/under 15
-above 15
-under 18

SEC. 6. Minimum Age of Criminal Responsibility

A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate. The exemption from criminal liability herein
established does not include exemption from civil liability
-15 years old
-below/under 15
-above 15
-under 18

SEC. 7. Determination ofAge

The child in conflict with the law shall enjoy the presumption of minority.
He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older.

The age of a child may be determined from

1. the child's birth certificate,
2. baptismal certificate or
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
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3. any other pertinent documents.

In the absence of these documents, age may be based on

1. information from the child himself/herself,
2. testimonies of other persons,
3.the physical appearance of the child and
4.other relevant evidence.

In case of doubt as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary
proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate
pleadings of all interested parties.

In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the
child in conflict with the law. SEC. 19. Community-based Programs on Juvenile Justice and Welfare shall be instituted by the LGUs through the LCPC,
school, youth organizations and other concerned agencies.

These programs shall consist of three levels:

(a) Primary intervention includes general measures to promote social justice and equal opportunity, which tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist children at risk; and
(c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.

Children below the age of criminal responsibility (Sec 20)

FOUNDLING
refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown

(a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A child is unattended when left by himself/herself
without proper provisions and/or without proper supervision.

(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited, overworked, or made to work under conditions not conducive
to good health; or is made to beg in the streets or public places; or when children are in moral danger, or exposed to gambling, prostitution, and other
vices.
Serious crimes committed by children below the age of criminal responsibility (above 12 – 15 years old) PMIK-RD-RC-9165 (SEC 20-A)

Art. 246: Parricide. – Any person who shall kill his father, mother or child, whether legitimate or illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.
-Legitimate- Conceive or born during marriage
-Illegitimate-born out of wedlock
Included are:
--incestuous
--adulterine
--sacreligious

Elements of Parricide:
1. A person is killed;
2. Accused killed the deceased;
3. The deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendants or other descendant, or the
legitimate spouse, of the accused

Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished
by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or
persons to insure or afford impunity.
Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:

2. In consideration of a price, reward, or promise.

Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an
airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone,
epidemic or other public calamity.
Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:

5. With evident premeditation.

When the prosecution proves:

1. An act of the offender determined (conceived) to kill his victim;
2. An act of the offender manifestly indicating that he clung to his determination to kill his victim; and 3. Sufficient lapse of time ( at least
three hours) between the determination and the execution of the killing. Article 248. Murder. - Any person who, not falling within the provisions of
Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed
with any of the following attendant circumstances:

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
 CHAPS ONLINE TUTORIAL SERVICES
CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION
2780 Adriano St., Brgy. 182, Gagalangin, Tondo, Manila, Philippines 1012
Globe Contact no. (0926) – 056 – 8167; Email Address: [email protected]
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse
CRUELTY
Scoffing or outraging

Art. 255: Infanticide

- is the killing of a child less than three (3) days old.
IPMH
Article 255. Infanticide. - The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill
any child less than three days of age.
Article 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants,
or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.
Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished
by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:
Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances
enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.
IPMH
The father killed his own child who is less than 3 days of age… Infanticide
The father killed his own son by means of treachery… Parricide
A person killed another person…
Homicide
A person killed another person by means of treachery… Murder
A person killed his own brother…
Homicide
A person killed his own brother on the occasion of calamity… Murder
Art. 266. Rape- is committed
1. by a man who shall have carnal knowledge of a woman under any of the following circumstances: a. through force or intimidation;
b. woman is deprived of reason or unconscious;
c. fraudulent machination or grave abuse of authority;
d. offended party is under 12 or is demented
2. By any person who, under any of the circumstances mentioned in par. 1 shall commit an act of sexual assault by inserting his penis into another person’s
mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
RA 8353- October 22, 1997
Robbery
- is a crime committed by any person who, with intent to gain, shall take the personal property belonging to another,
- by means of violence against or intimidation of any person, or - using force upon anything. Republic Act No. 10883
Carnapping is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or
intimidation of persons, or by using force upon things. Repetition of Offenses (sec 20-B) above 12 to 15 years of age
-commits an offense for the 2nd time or oftener and previously subjected to Community-based Intervention Program.
-shall be deemed neglected and shall undergo Intensive Intervention supervised by LSWDO
-WA for VC if Best Interest requires that he/she be placed in a youth care facility or Bahay Pag-asa -Petition of Involuntary Commitment – the child has
no parents or fails to execute WA

SEC. 20-C. Exploitation of Children for Commission of Crimes

– Any person who, in the commission of a crime,
 makes use,
 takes advantage of, or
 profits from the use of children,
 including any person who abuses his/her authority over the child or
 who, with abuse of confidence, takes advantage of the vulnerabilities of the child and shall induce, threaten or instigate the
commission of the crime, shall be imposed the penalty prescribed by law for the crime committed in its maximum period

SEC. 20-D. Joint Parental Responsibility

Based on the recommendation of the multi-disciplinary team of the IJISC, the LSWDO or the DSWD, the court may require the parents of a child in conflict
with the law to undergo counseling or any other intervention that, in the opinion of the court, would advance the welfare and best interest of the child.
Parents shall mean any of the following:
(a) Biological parents of the child; or
(b) Adoptive parents of the child; or
(c) Individuals who have custody of the child.
The parents shall be liable for damages unless they prove, to the
satisfaction of the court,
 that they were exercising reasonable supervision over the child at the time the child committed the offense; and
 exerted reasonable effort and utmost diligence to prevent or discourage the child from committing another offense."
INITIAL CONTACT WITH THE CHILD
SEC. 21. Procedure for Taking the Child into Custody
From the moment a child is taken into custody, the law enforcement officer shall:
SEC. 21. Procedure for Taking the Child into Custody
(a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and the offense
that he/she allegedly committed;
SEC. 21. Procedure for Taking the Child into Custody
(b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her;
SEC. 21. Procedure for Taking the Child into Custody
(e) Properly identify himself/herself and present proper identification to the child;
SEC. 21. Procedure for Taking the Child into Custody
(d)Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in conflict with the
law;
SEC. 21. Procedure for Taking the Child into Custody
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after
all other methods of control have been exhausted and have failed; SEC. 21. Procedure for Taking the Child into Custody
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension;
SEC. 21. Procedure for Taking the Child into Custody
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
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(g) Avoid violence or unnecessary force;
****
SEC. 21. Procedure for Taking the Child into Custody
(h) Determine the age of the child
SEC. 21. Procedure for Taking the Child into Custody
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social Welfare and Development Office
or other accredited NGOs, and notify the child's apprehension. The social welfare and development officer shall explain to the child and the child's
parents/guardians the consequences of the child's act with a view towards counseling and rehabilitation, diversion from the criminal justice system,
and reparation, if appropriate;
SEC. 21. Procedure for Taking the Child into Custody
(j) Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. The examination results
shall be kept confidential unless otherwise ordered by the Family Court.
Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same; SEC. 21. Procedure for Taking the Child into
Custody
(k) Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the
opposite sex and adult offenders; SEC. 21. Procedure for Taking the Child into Custody (l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been informed of the apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination or the failure to
submit a child to such examination; and
SEC. 21. Procedure for Taking the Child into Custody
(m) Ensure that all statements signed by the child during investigation shall be witnessed by the ➢ child's parents or guardian,
social worker, or
legal counsel in attendance who shall affix his/her signature to the said statement.
SEC. 21. Procedure for Taking the Child into Custody
A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell. SEC.
22. Duties During Initial Investigation
The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict with the law should be referred.
-The taking of the statement of the child shall be conducted in the presence of the following:
(1) child’s counsel of choice or in the absence thereof, a lawyer from the Public Attorney’s Office; (2) the child’s parents, guardian, or nearest
relative, as the case may be; and
(3) the local social welfare and development officer.
In the absence of the child’s parents, guardian, or nearest relative, and the local social welfare and development officer,
-the investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of the BCPC.
The social worker shall conduct an initial assessment to
-determine the appropriate interventions; and
- whether the child acted with discernment, using the discernment assessment tools developed by the
DSWD, without prejudice to the preparation or more comprehensive case study report.
The local social worker shall do either of the following
SEC. 23. System of Diversion- Children in conflict with the law shall undergo diversion programs without undergoing court proceedings
SEC. 24. Stages Where Diversion May be Conducted

1. Katarungang Pambarangay, or
2. the police investigation; or
3. the inquest or preliminary investigation stage; and
4. at all 1evels and phases of the proceedings including judicial level.
SEC. 25. Conferencing, Mediation and Conciliation.
-A child in conflict with law may undergo
-conferencing, -mediation or
-conciliation outside the criminal justice system or prior to his entry into said system.
A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings. Conferences
bring young offenders, their families and supporters face-to-face with victims, their supporters and police to discuss the crime and how people have been
affected. Other experts and respected members of the community may also be invited to participate. Together, they agree on a suitable outcome that can
include an apology, reasonable reparation to victims, and steps to reconnect the young person with their community to help them desist from further
offending. Mediation
is the attempt to help parties in a disagreement to hear one another, to minimize the harm that can come from disagreement (e.g. hostility or ‘demonising’ of
the other parties) to maximize any area of agreement, and to find a way of preventing the areas of disagreement from interfering with the process of seeking
a compromise or mutually agreed outcome.[1] Conciliation
is an alternative dispute resolution (ADR) process whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together
in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, encouraging parties to explore
potential solutions and assisting parties in finding a mutually acceptable outcome.
admission by the child during diversion proceedings shall not be used against the child in any subsequent judicial, quasi-judicial or administrative
proceedings.
The child shall present himself/herself to the competent authorities that imposed the diversion program at least once a month for reporting and evaluation
of the effectiveness of the program.
Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social welfare and development officer, shall give the
offended party the option to institute the appropriate legal action. The period of prescription of the offense shall be suspended during the effectivity of the
diversion program, but not exceeding a period of two (2) years.

Factors in Determining Diversion Program

(a) The nature and circumstances of the offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the child;

Factors in Determining Diversion Program

(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child; (g) The safety of the community; and (h) The best interest of the child.

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
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**The following factors shall be considered in formulating a diversion program for the child:
(a) The child's feelings of remorse for the offense he/she committed;
(b) The parents' or legal guardians' ability to guide and supervise the child;
(c) The victim's view about the propriety of the measures to be imposed; and
(d) The availability of community-based programs for rehabilitation and reintegration of the child.
Preliminary Investigation and Filing of Information
The prosecutor shall conduct a preliminary investigation in the following instances:
(a) when the child in conflict with the law does not qualify for diversion;
(b) when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and
(c) when considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the
child in conflict with the law.
Preliminary Investigation and Filing of Information
-Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney’s Office of such service, as well as the personal
information, and place of detention of the child in conflict with the law.
-Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the Family Court within forty-five (45)
days from the start of the preliminary investigation.
The information must allege that the child acted with discernment
For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered.
Where a child is detained, the court shall order:
(a) the release of the minor on recognizance to his/her parents and other suitable person;
(b) the release of the child in conflict with the law on bail; or
(c) the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.
Section 47. Promulgation of Sentence.
– If, after trial, the court should find the child in conflict with the law guilty beyond reasonable doubt of the offense charged, it shall impose the proper
penalty, including any civil liability which the child may have incurred, and promulgate the sentence in accordance with Section 6, Rule 120 of the Revised
Rules of Criminal Procedure.
Automatic Suspension of Sentence Found Guilty:
1. the court shall determine and ascertain any civil liability which may have resulted from the offense committed; and
2. shall place the child in conflict with the law under suspended sentence, without need of application, instead of pronouncing judgment.
suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her
guilt.

NOTE: SUSPENSION OF SENTENCE MAY BE EXTENDED UNTIL 21 YEARS OLD

the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.
The benefits of suspended sentence shall not apply to a child in conflict with the law who has once enjoyed suspension of sentence, but shall nonetheless
apply to one who is convicted of an offense punishable by reclusion perpetua or life imprisonment pursuant to the provisions of Rep. Act No. 9346 prohibiting
the imposition of the death penalty and in lieu thereof, reclusion perpetua, and after application of the privileged mitigating circumstance of minority.
Section 49. Disposition Conference. – In case of suspended sentence, the court shall set the case for disposition conference within fifteen (15) days from
the promulgation of sentence with notice to the social worker of the court, the child and the parents or guardian ad litem of the child and the child's counsel,
the victim and counsel. At the conference, the court shall proceed to determine and issue any or a combination of the following disposition measures best
suited to the rehabilitation and welfare of the child:
(1) Care, guidance, and supervision orders;
(2) Community service orders;
(3) Drug and alcohol treatment;
(4) Participation in group counseling and similar activities; and
(5) Commitment to the Youth Rehabilitation Center of the Department of Social Welfare and Development or other centers for children in conflict with
the law authorized by the Secretary of the Department of Social Welfare and Development.
(a) is incorrigible; or
(b) has not shown the capability of becoming a useful member of society; or
(c) has willfully failed to comply with the conditions of the disposition or rehabilitation program;
(d) or the child's continued stay in the training institution is not in the child’s best interest, the child shall be brought before the court for
execution of the judgment.

If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether
1. to discharge the child
2. to order execution of sentence, or
3. to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years.
SEC. 41. Credit in Service of Sentence
SEC. 42. Probation as an Alternative to Imprisonment

SEC. 43. Confidentiality of Records and Proceedings

The public shall be excluded during the proceedings and the records shall not be disclosed except :
1. to determine if the child in conflict with the law may have his/his sentence suspended or 2. if he/she may be granted probation
under the Probation Law, or
3. to enforce the civil liability imposed in the criminal action. SEC. 44. Objective of Rehabilitation and Reintegration to provide them with interventions,
approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive
members of their communities. No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing
for the purpose.
The details of this order shall be immediately entered in a register exclusively for CICL.
No child shall be admitted in any facility where there is no such register.
Female children in conflict with the law placed in an institution shall be given special attention as to their personal needs and problems. They shall be
handled by female doctors, correction officers and social workers, and shall be accommodated separately from male children in conflict with the law.
SEC. 48. Gender-Sensitivity Training. - No personnel of rehabilitation and training facilities shall handle children in conflict with the law without having
undergone gender sensitivity training. Objectives of Community Based Programs
(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law in case he/she is studying, working or attending
vocational learning institutions;
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
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(b) Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain the support system fostered by their relationship
and to create greater awareness of their mutual and reciprocal responsibilities;
Objectives of Community Based Programs
(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage community support and involvement; and
(d) inimize the stigma that attaches to the child in conflict with the law by preventing jail detention.
SEC. 57. Status Offenses shall not be considered an offense and shall not be punished if committed by a child SEC. 57-A. Violations of Local Ordinances
Ordinances enacted by local governments concerning juvenile status offenses such as, but not limited to, -curfew violations,
-truancy,
-parental disobedience,
-anti-smoking and anti-drinking laws,
as well as light offenses and misdemeanors against public order or safety such as, but not limited to, -disorderly conduct,
-public scandal,
-harassment,
-drunkenness, public intoxication,
-criminal nuisance,
-vandalism, gambling,
-mendicancy,
-littering, public urination, and
-trespassing, shall be for the protection of children.."

PRESIDENTIAL DECREE No. 798

Any person who is enrolled in school but who stays out of school for a period of more than five consecutive school days or for intermittent periods of less
duration but with such regularity as to affect the continuity of his schooling, without permission from the school authorities and or for no legitimate reason
as defined in the preceding paragraph shall fall within the purview of this Decree.
No penalty shall be imposed on children for said violations, and they shall instead be brought to their residence
or to any barangay official at the barangay hall to be released to the custody of their pare
The child shall also be recorded as a ‘child at risk’ and not as a ‘child in conflict with the law’.
The ordinance shall also provide for intervention programs, such as counseling, attendance in group activities for children, and for the parents, attendance
in parenting education seminars
Section 12. Mandatory Registry of Children in Conflict with the Law
SEC. 58. Offenses Not Applicable to Children
Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of:
1. Vagrancy (Republic Act No. 10158- Decriminalized Vagrancy)
2. prostitution under Section 202 of the Revised Penal Code,
3. mendicancy under Presidential Decree No. 1563,
4. sniffing of rugby under Presidential Decree No. 1619,
That said persons shall undergo appropriate counseling and treatment program.

SEC. 60. Prohibition Against Labeling and Shaming

In the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children
as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names.
Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin.
SEC. 56. After-Care Support Services for Children in Conflict with the Law.

for a period of at least six (6) months.

The service includes counseling and other community-based services designed to facilitate social reintegration, prevent re-offending and make the children
productive members of the community.
SEC. 56. After-Care Support Services for Children in Conflict with the Law.
- Children in conflict with the law
- whose cases have been dismissed by the proper court because of good behavior as per recommendation of the DSWD social worker and/or
any accredited NGO youth rehabilitation center shall be provided after-care services by the local social welfare and development officer for a period
of at least six (6) months.
- The service includes counseling and other community-based services designed to facilitate social reintegration, prevent re-offending and
make the children productive members of the community.

BREED VERSUS JONES

May 27 1975
17-year-old Respondent Jones was adjudicated in Juvenile Court to have committed acts that would constitute robbery if tried as an adult.
After the Juvenile Court hearing, the court determined that Jones should be tried as an adult. Jones filed a writ of habeas corpus, claiming that the adult
criminal trial put him in double jeopardy in violation of the Fifth and Fourteenth Amendments.
• ISSUE:
Does a trial in adult criminal court following an adjudication in juvenile court for the same offense constitute a violation of the Double Jeopardy Clause?
•
Yes.
Trying someone in adult criminal court after having adjudicated them delinquent in juvenile court for the same offense is a violation of the Double Jeopardy
Clause.
A juvenile court proceeding is the same as an adult criminal court proceeding in many respects. The object of a juvenile proceeding is to determine criminal
guilt, and it results in a stigma of having committed a crime as well as the possible deprivation of liberty for many years.
The four essential protections included are prohibitions against, for the same offense:
• retrial after an acquittal;
• retrial after a conviction;
• retrial after certain mistrials; and
• multiple punishment
• Patria potestas ( power of the father)
was the power of a Roman male ascendant, normally father or grandfather (paterfamilias), over descendants through males (liberi), provided that his marriage
was valid in Roman law (see marriage law, Roman), and over adopted children.

PARENTAL AUTHORITY
• PARENTAL AUTHORITY (PATRIA POTESTAS)
• the sum total of the rights of the parents over the person and property of their child
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but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
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• the exercise of which has no distinction between a legitimate and an illegitimate child
• In Loco Parentis
• In place of Parents
• SUBSTITUTE PARENTAL AUTHORITY or SPECIAL PARENTAL AUTHORITY
• In Loco Parentis In Place of Parent
When minor children are entrusted by parents to a school, the parents delegate to the school certain responsibilities for their children, and the school has
certain liabilities. In effect, the school and the teachers take some of the responsibility and some of the authority of the parents.
• Parens patriae
is Latin for "parent of the nation" (lit., "parent of one's country").
THE STATE IS THE PARENT
In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act
as the parent of any child, individual or animal who is in need of protection.

PD 603 : THE CHILD AND YOUTH WELFARE CODE

TITLE I: GENERAL PRINCIPLES

Article 1. Declaration of Policy: The Child is one of the most important assets of the nation. Every effort should be exerted to promote his welfare
and enhance his opportunities for a useful and happy life.

TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy
The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not conflict with
the general welfare.

TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy
The molding of the character of the child starts at the home. Consequently, every member of the family should strive to make the home a wholesome and
harmonious place as its atmosphere and conditions will greatly influence the child's development.

TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy
Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated and exclusive and unconcerned with
the interests of the community and the country.

TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy
The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of the government.

TITLE I
GENERAL PRINCIPLES
Article 1. Declaration of Policy
Other institutions, like the school, the church, the guild, and the community in general, should assist the home and the State in the endeavor to prepare the
child for the responsibilities of adulthood.
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex,
social status, religion, political antecedents, and other factors.
Article 3
Rights of the Child
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex,
social status, religion, political antecedents, and other factors.
Article 3. Rights of the Child.
(1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance,
and has, therefore, the right to be born well. Article 3. Rights of the Child.
(2) Every child has the right to a wholesome family life that will provide him with love, care and understanding, guidance and counseling, and moral
and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a home.
Article 3. Rights of the Child.
(3) Every child has the right to a well-rounded development of his personality to the end that he may become a happy, useful and active member of
society.
The gifted child shall be given opportunity and encouragement to develop his special talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent
care.
The physically or mentally handicapped child shall be given the treatment, education and care required by his particular condition.
Article 3. Rights of the Child.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical requirements
of a healthy and vigorous life.
Article 3. Rights of the Child.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character.
Article 3. Rights of the Child.
(6) Every child has the right to an education commensurate with his abilities and to the development of his skills for the improvement of his capacity
for service to himself and to his fellowmen.
Article 3. Rights of the Child.
(7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use
of his leisure hours.
Article 3. Rights of the Child.

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but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
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(8) Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his
physical, mental, emotional, social and moral development.
Article 3. Rights of the Child.
(9) Every child has the right to live in a community and a society that can offer him an environment free from pernicious influences and conducive to
the promotion of his health and the cultivation of his desirable traits and attributes.
Article 3. Rights of the Child.
(10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to provide
him with his fundamental needs for growth, development, and improvement.
Article 3. Rights of the Child.
(11) Every child has the right to an efficient and honest government that will deepen his faith in democracy and inspire him with the morality of the
constituted authorities both in their public and private lives.
Article 3. Rights of the Child.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and
with the determination to contribute his share in the building of a better world.
Article 4
Responsibilities of the Child
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and other
factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his elders and mentors, and the biddings
of a clean conscience;
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and other
factors shall:
(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and other
factors shall:
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep the family harmonious and united;
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and other
factors shall:
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited to his abilities, in order that he may
become an asset to himself and to society;
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and other
factors shall:
(5) Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the duly constituted authorities, the laws
of our country, and the principles and institutions of democracy; Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances
of his birth, sex, religion, social status, political antecedents and other factors shall:
(6) Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is the youth who will eventually be
called upon to discharge the responsibility of leadership in shaping the nation's future; and
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and other
factors shall:
(7) Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of cooperation among nations in the
pursuit of their common aspirations for programs and prosperity, and the furtherance of world peace.
Article 5. Commencement of Civil Personality.
- The civil personality of the child shall commence from the time of his conception, for all purposes favorable to him, subject to the requirements of Article
41 of the Civil Code.
•
Art. 37. (CIVIL CODE)
Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death.
Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.
Article 6. Abortion. - The abortion of a conceived child, whether such act be intentional or not, shall be governed by the pertinent provisions of the Revised
Penal Code.
Article 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept strictly confidential and no information relating thereto shall be
issued except on the request of any of the following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or institution legally in-charge of him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in administrative, judicial or other official proceedings to determine the identity
of the child's parents or other circumstances surrounding his birth; and (4) In case of the person's death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two months or a fine in an amount not exceeding five hundred pesos,
or both, in the discretion of the court.
Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody, education and property of the child, his welfare shall be the paramount
consideration.
• PARENTAL AUTHORITY
E.O. 209
FAMILY CODE
Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and
responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical
character and well-being
•
Effect of Parental Authority Upon the Persons of the Children
Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and
duties:
(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in
keeping with their means;
(2) To give them love and affection, advice and counsel, companionship and understanding;
•
Effect of Parental Authority Upon the Persons of the Children
Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and
duties:
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, selfreliance, industry and thrift, stimulate
their interest in civic affairs, and inspire in them compliance with the duties of citizenship;

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(4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them
from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;
•
Effect of Parental Authority Upon the Persons of the Children
Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and
duties:
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
•
Effect of Parental Authority Upon the Persons of the Children
Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and
duties:
(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law upon parents and guardians. (316a)
• JOINT PARENTAL AUTHORITY
Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a) JOINT PARENTAL
AUTHORITY
Art. 211.(Family Code)
The father and the mother shall jointly exercise parental authority over the persons of their common children.
In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary. Children shall always observe respect and reverence
towards their parents and are obliged to obey them as long as the children are under parental authority. (311a)
Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority.
The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian
of the person or property of the children. (n)
Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account
all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)
Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case
several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority.
(355a)
• Filial Privilege Rule
Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable
in a crime against the descendant or by one parent against the other. (315a)
• SUBSTITUTE PARENTAL AUTHORITY
Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order
indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and (3) The child’s actual custodian, over twenty-
one years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (349a,
351a, 354a)
GUARDIAN AD LITEM (LEGAL GUARDIAN)
Art. 217. In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in
summary judicial proceedings to heads of children’s homes, orphanages and similar institutions duly accredited by the proper government agency. (314a)
Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and
responsibility over the minor child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)
Art. 129. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or
omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be
subsidiarily liable. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper
diligence required under the particular circumstances.
All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts.
Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. (327a) Art. 230. Parental authority is suspended
upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is
automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)
Art. 231. The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness. Article 46
General Duties
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;
Article 46. General Duties. - Parents shall have the following general duties toward their children:
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;
Article 46. General Duties. - Parents shall have the following general duties toward their children:
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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 59
Crimes
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.
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.
Article 347(RPC). Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. - The simulation
of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos.
• Note:
REPUBLIC ACT No. 11222
An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose
Article 59. Crimes. - Criminal liability shall attach to any parent who:
2. Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.
Article 59. Crimes. - Criminal liability shall attach to any parent who:
3. Sells or abandons the child to another person for valuable consideration. Note: RA 9208 (Anti Trafficking in Persons Act of 2003)
Article 59. Crimes. - Criminal liability shall attach to any parent who:
4. Neglects the child by not giving him the education which the family's station in life and financial conditions permit.
Article 277. Abandonment of minor by person entrusted with his custody; indifference of parents. (arresto mayor)
Article 59. Crimes. - Criminal liability shall attach to any parent who:
5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72. Article 59. Crimes. - Criminal liability shall attach to any
parent who:
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.
• Anti truancy law
PRESIDENTIAL DECREE No. 798 September 11, 1975
AUTHORIZING THE CONFINEMENT IN REHABILITATION CENTERS OR REFORMATORIES OF TRUANTS AND
YOUTHS OUT OF SCHOOL FOR NO LEGITIMATE REASON
Article 59. Crimes. - Criminal liability shall attach to any parent who:
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 schooldays.
Article 59. Crimes. - Criminal liability shall attach to any parent who:
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.
Article 59. Crimes. - Criminal liability shall attach to any parent who:
9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrass
or humiliate him.
Article 59. Crimes. - Criminal liability shall attach to any parent who:
10. Causes or encourages the child to lead an immoral or dissolute life.
Article 59. Crimes. - Criminal liability shall attach to any parent who:
11. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.
Article 59. Crimes. - Criminal liability shall attach to any parent who:
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.
LEGAL CUSTODY (Tender Age Doctrine)
in case of separation of parents, no child under SEVEN (7) YEARS OF AGE shall be separated from his mother unless the court decides otherwise

GUARDIANSHIP
a trust relation of the most sacred character, in which one person, called a guardian, acts for another, called a ward, regarded as incapable of managing his
own affairs
Guardian ad Litem- a person appointed by the court where the case is pending for a chld who is a victim of, accused of, or a witness to a crime to protect the
best interest of the child
• Age of Majority
• The is the threshold of adulthood as recognized or declared in law.
• It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus
terminating the control and legal responsibilities of their parents or guardian over them.
• Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. --The word majority here refers
to having greater years and being of full age as opposed to minority, the state of being a minor.
--The law in a given jurisdiction may not actually use the term "age of majority".
--The term typically refers to a collection of laws bestowing the status of adulthood. Those under the age of majority are referred to as minors and may be
legally denied certain privileges or rights e.g.

• the right to vote,

• buy alcohol,
• marry,
• sign a binding contract
Age of majority should not be confused with the age of maturity, age of sexual consent, marriageable age, schoolleaving age, drinking age, driving age, voting
age, smoking age, gambling age, etc., which each may be independent of and set at a different age from the age of majority.
Republic Act No. 6809
December 13, 1989
AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS, AMENDING FOR

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CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION
2780 Adriano St., Brgy. 182, Gagalangin, Tondo, Manila, Philippines 1012
Globe Contact no. (0926) – 056 – 8167; Email Address: [email protected]
THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER PURPOSES
Section 3. Article 236 of the same Code is also hereby amended to read as follows:
"Art. 236. Emancipation shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts
of civil life, save the exceptions established by existing laws in special cases.
"Contracting marriage shall require parental consent until the age of twenty-one.
Section 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, is hereby amended to read as follows:
"Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years." FILIATION
the acknowledgment of the father of his relationship with the child also called paternity
1. BY NATURE/NATURAL
-LEGITIMATE
-ILLEGITIMATE
2. ADOPTION

• ILLEGITIMATE CHILDREN
BORN OUT OF WEDLOCK •
Legitimate Children
– Conceived OR born during the marriage of the parents.
•
Legitimate Children
– Conceived OR born during the marriage of the parents.
• LEGITIMATED CHILDREN
Legitimation- takes place by a subsequent valid marriage between parent.
-only children conceived and born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to
marry each other may be legitimated

• only children conceived and born outside wedlock of parents who,

• at the time of the conception of the former,
• were not disqualified by any impediment to marry each other may be legitimated Republic Act No. 9255
February 24 2004
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR
THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"
"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in
conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father
through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the
father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each
illegitimate child shall consist of one-half of the legitime of a legitimate child."
• LAWS ON ADOPTION
RA 8552 – DOMESTIC ADOPTION ACT OF 1998
RA 8043 – INTER-COUNTRY ADOPTION ACT OF 1995 RA 9523
REPUBLIC ACT No. 11222
An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose
PURPOSE OF ADOPTION IS PRIMARILY FOR THE BEST INTEREST OF THE CHILD
• Adoption
is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents.
Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents.
Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires
societal recognition, either through legal or religious sanction.
• ADOPTION
adoption as a "socio-legal process of giving a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights."
---definition of Department of Social Welfare and Development (DSWD)
• RARA 8552 – DOMESTIC ADOPTION ACT OF 1998

DEFINITION OF TERMS as amended by REPUBLIC ACT No. 9523

NOTE: RA 9523AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A
"CHILD LEGALLY AVAILABLE FOR ADOPTION" AS A
PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE
KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995,
PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER PURPOSES
(3) Abandoned Child refers to a child who has no proper parental care or guardianship, or whose parent(s) have deserted him/her for a period of at
least three (3) continuous months, which includes a founding.
(4) Neglected Child refers to a child whose basic needs have been deliberately unattended or inadequately attended within a period of three (3)
continuous months. Neglect may occur in two (2) ways:
(a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A child is unattended when left by himself/herself without
proper provisions and/or without proper supervision. (b) There is emotional neglect when the child is maltreated, raped, seduced, exploited, overworked, or
made to work under conditions not conducive to good health; or is made to beg in the streets or public places; or when childr en are in moral danger, or
exposed to gambling, prostitution, and other vices.
5) Child Legally Available for Adoption refers to a child in whose favor a certification was issued by the DSWD that he/she is legally available for adoption
after the fact of abandonment or neglect has been proven through the submission of pertinent documents, or one who was voluntarily committed by his/her
parent(s) or legal guardian.
(6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and willingly relinquished parental authority to the DSWD or any
duly accredited child-placement or child-caring agency or institution. (d) "Involuntarily committed child" is one whose parent(s), known or unknown, has
been permanently and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect; abuse; or incompetence
to discharge parental responsibilities.
(7) Child-caring agency or institution refers to a private non-profit or government agency duly accredited by the DSWD that provides twenty-four (24)
hour residential care services for abandoned, neglected, or voluntarily committed children.
(8) Child-placing agency or institution refers to a private non-profit institution or government agency duly accredited by the DWSD that receives and
processes applicants to become foster or adoptive parents and facilitate placement of children eligible for foster care or adoption.
• Section 7. Who May Adopt. – The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime
involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
 CHAPS ONLINE TUTORIAL SERVICES
CRIMINOLOGY ● PENOLOGY OFFICER EXAMINATION ● FIRE OFFICER EXAMINATION
2780 Adriano St., Brgy. 182, Gagalangin, Tondo, Manila, Philippines 1012
Globe Contact no. (0926) – 056 – 8167; Email Address: [email protected]
position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen (16) year difference between the age of
the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent;
• Section 7. Who May Adopt. – The following may adopt:
(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has diplomatic relations with
the Republic of the Philippines, that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for
adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office or any
appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and certification of the alien's qualification to
adopt in his/her country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii)one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or
• Section 7. Who May Adopt. – The following may adopt:
c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other spouse has signified his/her consent thereto;
or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other, joint parental authority shall be exercised by the
spouses.
•
Section 8. Who May Be Adopted. – The following may be adopted:
(a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption;
(b)The legitimate son/daughter of one spouse by the other spouse;
•
Section 8. Who May Be Adopted. – The following may be adopted:
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;
(d)A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since
minority;
•
Section 8. Who May Be Adopted. – The following may be adopted:
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated within six (6) months from the time of death
of said parent(s).
Procedure:
File a petition for adoption before the Family Court
•
REPUBLIC ACT No. 11222
An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose
"Simulated Birth Rectification Act".
Section 4. Rectification of Simulated Birth Record. - Notwithstanding any provision of law to the contrary, a person or persons who, prior to the effectivity of
this Act, simulated the birth of a child, and those who cooperated in the execution of such simulation, shall not be criminally, civilly, or administratively
liable for such act: Provided, That the simulation of birth was made for the best interest of the child and that the child has been consistently considered and
treated by such person or persons as her, his, or their own daughter or son: Provided, further, That such person or persons has or have filed a petition for
adoption with an application for the rectification of the simulated birth record within ten (10) years from the effectivity of this Act: Provided, finally, That all
the benefits of this Act shall also apply to adult adoptees.
Section 5. Administrative Adoption and Rectification. - A person or persons who simulated the birth of a child under the conditions provided under Section
4 of this Act may avail of administrative proceedings for the adoption and rectification of the simulated birth record of such child: Provided, That the child
has been living with the person for at least three (3) years before the effectivity of this Act: Provided, further, That a certificate declaring the child legally
available for adoption (CDCLAA) is issued by the DSWD in favor of such child.

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