For comprehensive discussions, visit Youtube Channel: BeCueno

JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM

What is Juvenile Delinquency?

It refers to an anti-social acts or behaviors committed by minors which are contrary to the
norms of the society. It involves oftentimes misdemeanor, but may include also offenses and
felonies.

Take Note: Under RA9344, juvenile delinquent are now called Child-in-Conflict with the Law.

Crime vs. Delinquency

e Crime is an act committed by an adult e Delinquency are acts committed

by minors.

An act that breaks criminal code which e Acts that merely breaks ‘cultural
is created by society through written law’ or norms.
law.
e Aperson who committed a crime can be e A child is under the process
dealt with in accordance with the known as juvenile justice system.
criminal justice system

HISTORY OF JUVENILE DELINQUENCY

. Code of Ur Nammu- oldest known code from Mesopotamia which was written in tablets in
Summerian language.
. Code of Hammurabi- used by society to regulate behavior and at the same time punish those
who disobeyed the rules. It established a social order based on individual rights. It is the origin
of the legal principle of “Lex Talionis” or “Lex Taliones”, that is, an “Eye for an Eye”.
. In 1641, General Court of Massachusetts passed the Stubborn Child Law, which stated that
children who disobeyed their parents could be put to death.
- Roman Law and Canon (Church) Law- Approximately two thousand years ago, made
distinction between juveniles and adults based on the notion “Age of Responsibility”.
. Ancient Jewish Law: The Talmud specified condition under which immaturity was to be
considered in imposing punishment. There was no corporal punishment prior to puberty, which
was considered to be the age of twelve for females and thirteen for males. In addition, no capital
punishment is to be imposed on those offenders under twenty years of age.
. Codification of Roman Law - In 5th century B.C., this law resulted in the "Twelve Tables",
which made it clear that children were criminally responsible for violation of law and were to
be dealt with by same criminal justice system as adults. Under this law, children came to be
classified as "Infans," or "Proximus Infantiae.” In general, “infans" (7 years old below) were not
held criminally responsible, but those approaching puberty (above 7 to 14 for boys and above 7
- 12 for girls) liability was based on their capacity to understand the difference between right
and wrong.
. Anglo Saxon Common Law (Law based on custom or usage) - children under the age of 7
were presumed incapable of forming criminal intent and therefore were not subject to criminal
sanctions. Children between 7 - 14 were not subject to criminal sanctions unless it could be
demonstrated that they had formed criminal intent, understood the consequences of their
 For comprehensive discussions, visit Youtube Channel: BeCueno

actions, and could distinguish right from wrong. Children over 14 were treated much the same
as adults.
8. Middle of 19th century - The middle of the nineteenth century also included the child-saving
movement.Concerned citizens eventually formed a, social activist group called Child Savers,
who believed that children were born good and became bad. Juvenile children were blamed on
bad environments. The best way to save children was to get them out of "bad" homes and
placed in "good" ones. This lead to the creation of the doctrine ParensPatriae.

Note:ParensPatriae is a doctrine that does not consider delinquent acts as criminal violation, thus
making delinquents non-criminal persons and cannot be found guilty of a crime and punished like
an adult criminal. This doctrine viewed minors who violate the law as victims of improper care,
custody and treatment at home. Thus, in parents patriae, the State becomes the father.
9. Law Act of 1601 - Provided for involuntary separation of children from their impoverished
parents, and these children were then placed in bondage to local residents as apprentices.

In the Philippine Settings

10. Revised Penal Code
e During this time distinct circumstances of a delinquent are not taken into account.
e No Diversion
e Stigma of Criminality
e No provision for aftercare
e As young as 9 yrs. old can be incarcerated inside the jail

11. PD 603 ” The Child and Youth Welfare Code" - Under the said law, a person who is over
nine (9) but under twenty-one (21) years of age at the time of the commission of the offense
who committed a crime is known as a YOUTHFUL OFFENDER.

Take note: This provision was later amended by PD 1179. Under the said law, it defines a youthful
offender as a child, minor or youth, including one who is emancipated in accordance with law who
is over nine years but under eighteen years of age at the time of the commission of the offense.
12. RA 9344 - 15 and below are exempted from criminal liability while over 15 and below 18
are likewise exempted unless acted with discernment and this child are called “Child in
Conflict with Law”

PERSONALITIES AND DATES

1. Pope Clement XI - In 1704 in Rome, established the Hospital of St. Michael's, the first
institution for the treatment of juvenile offenders. The stated purpose of the hospital was to
correct and instruct unruly youth so they might become useful citizens.
2. Robert Young - In 1788 established the first private, separate institution for youthful offenders
in England. The goal of the institution was to educate and instruct in some useful trade or
occupation the children of convicts or such other infant poor as engaged in a vagrant and
criminal course of life.
3. Albert K. Cohen - The first man who attempted to find out the process of beginning of the
delinquent subculture.
4. Kingwood Reformatory - This was established for the confinement of the "hordes of unruly
children who infested the streets of new industrial towns" of England.
5. New York Committee on Pauperism - In 1818, the committee gave the term "Juvenile
Delinquency” Its first public recognition by referring it as a major cause of pauperism.
6. 1899 - The First Juvenile or "family" court was established in Cook County Illinois.
 For comprehensive discussions, visit Youtube Channel: BeCueno

7. 1899 - 1967 - This has been referred to as the era of "socialized juvenile justice".

HOUSE OF CORRECTIONS FOR JUVENILE DELINQUENTS

1. Bridewells- It was the first houses of corrections in England. They confined both children and
adults considered to be idle and disorderly.
2. Hospice of San Michele- Saint Michael was established in 1704. John Howard, a reformer,
brought to England from Rome a model of the first institution for treating juvenile offenders. He
was often thought of as the father of prison reform.
3. House of Refuge- It was situated in New York in 1825. It was opened to house juvenile
delinquents, who were defined in its charter as "youths convicted of criminal offenses or found
in vagrancy.” By the middle of the nineteenth century many states either built reform schools or
converted their houses of refuge to reform schools. The reform schools emphasized formal
schooling, but they also retained large workshops and continued the contract system of labor.

SIGNIFICANT CASES CONCERNING.JUVENILE DELINQUENCY

1. In re Winship - It established proof beyond a reasonable doubt as the standard for juvenile
adjudication proceedings, eliminating lesser standards such as a preponderance of the evidence,
clear and convincing proof and reasonable proof. They established that a jury trial is not a required
part of due process in the adjudication of the youth as delinquent by a juvenile court. This involves
a juvenile named Samuel Winship.
2. Breed v. Jones- It recognized that a juvenile cannot be adjudicated in a juvenile court and then
tried for the same offense in an adult criminal court (double jeopardy).
3. Kent v. United States- It provided the procedural requirements for waiver to criminal court as
articulated by the U.S. Supreme Court.
4. In re Gault (1967)- The Court held that juvenile courts must provide the basic procedural
protection that the Bill of Rights guarantee to adults, including timely advance notice of the charges,
the right to either retained or appointed counsel, confrontation and cross-examination of adverse
witnesses, self-incrimination, and the right to remain silent. The opinion also rejected the basic
premise of juvenile court actions: that the proceedings are civil in nature and those minors’ rights
are adequately protected by the judges acting as substitute parents.
5. 1977, American Bar Association- It endorsed decriminalization of status offenses, urging that
juvenile delinquency liability should include only such conduct as would be designated a crime if
committed by an adult. In the 1980s many training schools and high-security institutions were built
in rural areas or close to small rural towns so the inmates could be trained in agriculture. The hope
was that such training would produce productive citizens.
6. Schall v. Martin (1984)- The Supreme Court upheld the state's right to place juveniles in
preventive detention. Preventive detention was perceived as fulfilling a legitimate state interest of
protecting society and juveniles by detaining those who might be dangerous to society or to
themselves.

TYPES OF DELINQUENT YOUTH

1. SOCIAL - an aggressive youth who resents the authority of anyone who make an effort to
control his behavior.
2. NEUROTIC - he has internalized his conflicts and preoccupied with his own feelings
3. ASOCIAL- his delinquent at have a cold, brutal, ficious quality for which the youth feels no
humors.
4. ACCIDENTAL - he is less identifiable in his character, essentially socialize law abiding but
too happens to be at the wrong place at the wrong time and becomes involved in some
delinquent act not typical of his general behavior.
 For comprehensive discussions, visit Youtube Channel: BeCueno

STAGES OF DELINQUENCY
1. EMERGENCE- the child begins with petty larceny between (8 and sometimes the 12th year.)
2. EXPLORATION -he or she then move on to shoplifting and vandalism between (ages 12 to
14.)
3. EXPLOSION - at age (13 up), there is a substantial increase in variety of seriousness.
4. CONFLAGRATION - at around (15 up), four or more types of crimes are added.
5. OUTBURST - Those who continue on adulthood will progress into more sophisticated or
more violent forms of criminal behavior.

CLASSIFICATION OF DELINQUENCY
1. UNSOCIALIZED AGGRESSION - Rejected or abandoned, NO parents to imitate and become
aggressive.
2. SOCIALIZE DELINQUENCY - Membership of fraternities or groups that advocate bad things.
3. OVER-INHIBITED- Group secretly trained to do illegal activities, like marijuana cultivation.

DIFFERENT APPROACH TOWARD DELINQUENCY

1. BIOGENIC APPROACH
Biogenic views the law-breaker as a person whose. misconduct is.the result of faulty biology.
The offender is a hereditary defective, suffers from endocrine imbalance or brain pathology,
his or her body structure and temperament pattern have produced the law breaking.
PSYHOGENIC APPROACH
It tells us that the offender behaves as she or he does in response to psychological pathology
of some kind. The critical casual factors in delinquency are - personality problems, to which
juvenile misbehavior is presume to be a response.
SOCIOGENIC APPROACH
Sociogenic attributes the variations in delinquency pattern to influence social structures.
They account for individual offender by reference process, which go on in youth gangs,
stigmatizing contacts with social control agencies and other variables of that time.

CAUSES OF BEHAVIORAL DISORDERS

1. PREDISPOSING FACTOR
Inclinations or inherited propensities, which cannot be, considered a criminal one unless
there is a probability that.a crime will be committed.
PRECIPITATING FACTOR
Elements which provokes crimes or factors that are signified to the everyday adjustments of
an individual, like personal problems, necessities, imitation, curiosity, ignorance, and
diseases.

FACTORS AFFECTING JUVENILE DELINQUENCY

1. Individual Risk Factors
Individual psychological or behavioral risk factors that may make offending more likely
include intelligence, impulsiveness or the inability to delay gratification, aggression,
empathy, and restlessness. Children with low intelligence are likely to do worse in school.
This may increase the chances of offending because low educational attainment, a low
attachment to school, and low educational aspirations are all risk factors for offending in
themselves. Children who perform poorly at school are also more likely to truant, which is
also linked to offending.
Family
 For comprehensive discussions, visit Youtube Channel: BeCueno

The family is the first and the basic institution in our society for developing the child's
potential, in all its many aspects like emotional, intellectual, moral, and spiritual as well as
physical and social. It is within the family that the child must learn to curb his desires and to
accept rules that define the time, place and circumstances under acceptable ways. The
following are some of the causes why some of the child becomes juvenile delinquent as
influence their own family;
a. the faulty development of a child
lack of parental guidance
moaos

lack of love and the instinct of hate or anger due to unfair treatment
parental rejection
broken home
parental abuse or neglect
g. criminal parents or siblings

Take Note: Home is referred to as the "cradle of human personality”.

3. Environment
It is where the child influences after his first highly formative years. Youth in the community
turns to become delinquent with companions. Youth today accuse those ahead of them for
failure to define how to live both honorably and successfully in a world that is changing too
rapidly for anyone to comprehend. Together they now become a victim of their own
environment, their attitudes, dress, taste, ambitions, behavior are imitated or have been
already influence by those anti-social acts recognized.in their environment. Some of these
causes are the following:
associations with criminal groups/gangs
op

alcoholism and drug addiction

impulse of fear
pao

crime inducing situation that caused criminalistic tendencies

imitated instinct like selfishness, violence and anti-social wishes.

THREE TYPES OF DELINQUENT GANGS BY CLOWARD AND OHLIN

a. The Criminal Gang. Emerge in areas where conventional as well as non-conventional
values of behavior are integrated by a close connection of illegitimate and legitimate
businesses. This type of gang is stable than the ones to follow. Older criminals serve as role
models and they teach necessary criminal skills to the youngsters.
b. The conflict/violent.gang. Non-stable and non-integrated, where there is an absence of
criminal organization resulting in instability. This gang aims to find reputation for
toughness and destructive violence.
ec. The Retreatist Gang. Is equally unsuccessful in legitimate as well as illegitimate means.
They are known as double failures, thus retreating into a world of sex, drugs, and alcohol.
4. School
A public instrument for training young people. It is more directly accessible to
change through the development of new resources and policies. And since it is a principal
institution for development of a basic commitment by young people to the goals and values
of our society, it is imperative that it be provided with the resources to compete with
illegitimate attraction for young people’s allegiance.

5. Other Department or Agencies of the Government

Some of the department and agencies of the government also create factors that
influence the youth to become delinquent, such as the following:
a. political interference of the higher positions
 For comprehensive discussions, visit Youtube Channel: BeCueno

b. unfair decisions of the court

c. police carelessness and unfair treatment
d. influence from the newspapers, movies, tv, radio, comic, and other magazine

THEORIES OF DELINQUENCY
1. Social Disorganization Theory - It was recognized early in twentieth century by sociologist
Clifford Shaw and Henry Mckay. According to social disorganization theory, disorganized
areas cannot exert social control over acting-out youth; these areas can be identified by their
relatively high level of change, fear, instability, incivility, poverty and deterioration, and these
factors have a direct influence on the area's delinquency rate.
Z. Anomie Theory - Advocated by Emile Durkheim. Breakdown of social-orders as results of
loss of standards and values that replaced social cohesion.
A - Absence
Nomos- Laws or standards.
*Anomie- refers to the breakdown of norms.
3. Strain Theory - This theory assume that children are basically good. Only under pressure do
they deviate. Pressure for deviance comes from their having internalized society's goals, such as
being successful and wanting to achieve them. But many cannot become successful by
conforming to society's rules. Out of desperation, they turn to crime.
*According to sociologist Robert Merton, although most-people share common values and
goals, the means for legitimate economic and social success are stratified by socio economic
class. Consequently, these youths may either use deviant methods to achieve their goals or
reject socially accepted goals and substitute deviant.ones.
* Albert Cohen, explained why urban, lower class boys commit delinquency. He began by
identifying characteristics of delinquents. They are malicious, negativistic, non- utilitarian,
versatile, loyal, and cannot defer gratification. Cohen blames delinquency on (1) frustration
experienced by children because of their low status and (2) their ability to live up to middle -
class standards. Delinquency is the consequence of children expressing their frustration toward
middle-class norms and institutions.
* Richard Cloward and Lloyd. Ohlin blamed it on the disparity between what children are
taught to want and: what-is available.to them. Children joined delinquent gangs to achieve
success, but because their legitimate path is blocked, they turn illegitimate means in the form of
delinquency and later on it was called as Differential Opportunity Theory.

4. Differential Oppression Theory. John D. Hewitt and Robert Regoli proposed that much
serious juvenile delinquency is a product of the oppression of children by adults, particularly
within. the context of family. The maltreatment of children has been found to be highly
correlated with both serious and moderate delinquency as well as other problem behaviors.
This theory argues that adult perception of children force youths into socially defined and
controlled inferior roles, including the socially constructed "juvenile delinquency” role that
separates youthful and adult offenders for treatment and control.
5. Differential Association Theory. Asserts that criminal behavior is learned primarily
within interpersonal groups and that youths will become delinquent if definitions they have
learned favorable to violating the law exceed definitions favorable to obeying the law within the
group. This theory was introduced by Edwin Sutherland. Example: The family may serve as a
training ground for violence since the child perceive physical punishment as the norm during
conflict situations with others.
6. Social Learning Theory. This theory view that behavior is modeled through observation,
either directly through intimate contact with others, or indirectly through media; interactions
that are rewarded are copied, where as those that are punished are avoided.
 For comprehensive discussions, visit Youtube Channel: BeCueno

7. Drift Theory (Neutralization Theory). It proposed that juveniles sense a moral obligation
to be bound by the law. Such a bind between a person and the law remains in place most of the
time, they argue. When it is not in place, delinquents will drift.
8. Labeling Theory (Social Reaction Theory). Crime is caused by societal reactions to
behavior, which include exposure to the juvenile justice system. Once children are labelled
delinquent, they become delinquent (Tannenbaum, 1893).
9. Social Control Theory. This perspective states that members in society form bonds with
other members in society or institution in society such as parents, pro-social friends, and
churches, schools, teachers, and sports teams. The social bonds include the ties and affection
that develop between children and key people in their lives; commitment to social norms of
behavior and to succeed in regards to such values as getting good education, a good job and
being successful; involvement in activities; and finally that most persons are brought up to
believe in and respect the law.
10. Self-derogation Theory. Introduced by Kaplan states that all-motivated to maximize our
self-esteem, motivation to conform will be minimized by family, school and peer interactions
that devalue our sense of self, interactions and behavior may be self-defacing or self-enhancing.
11. Self-control Theory. In short, self-control theory suggests that deviance simply results
from the individual's inability to effectively control his/her impulses. Self-control theory argues
that it is the absence of self-control rather than the presence of some force or factor such as
poverty, anomie, opportunities for deviance, delinquent peers, exposure to definitions favorable
to deviance, etc. that leads to deviance.
12. Culture Deviance Theory. Links delinquent acts to the formation of independent
subcultures with a unique set of values that clash with the main stream culture. This theory
argues that children learn deviant. behavior socially through exposure to others and modeling of
others action.
13. Rational Choice Theory. They argue in.many cases, deviance is a result of highly
calculation of risks and awards. Prospective deviants weigh their own chance of gain against the
risk of getting caught, and thereby decide a course of action.
Juveniles however do not always choose the most rational actions. There values are different
from adult and their motives are different from an adult criminal. Adolescent are also notorious
for not thinking before they act. These actions which constitute delinquency may come as a
result of acting against authority, or to rebel against cultural norms and goals.

What is Marriage?
Marriage is a social.union or legal contract between individuals that creates kinship. It is an
institution in which interpersonal relationships, usually intimate and sexual, are acknowledged by a
variety of ways, depending on the culture or demographic. Such a union may also be called
matrimony, while the ceremony that marks its beginning is usually called a wedding and the
marital structure created is known as wedlock.

Essential Requisites of Marriage

1. Legal capacity of contracting parties who must be male and a female. This means that the
parties must have the necessary age or the necessary consent of parents in certain cases.
Age 18-21 - Needs parental consent
Age 22-25 - Needs parental advice

Can I use "parental consent" and "parental advice" interchangeably? What are the
differences?
 For comprehensive discussions, visit Youtube Channel: BeCueno

No, "parental consent” and "parental advice" CANNOT be used interchangeably. Parental consent is
required when either or both of the contracting parties are between the ages of eighteen (18) and
twenty-one (21).

Parental advice, on the other hand, is required if either or both of the contracting parties is/are
between the age of twenty-one (21) and twenty-five (25). The "parental consent" or "parental
advice", as the case may be, is required during the application for a marriage license.

Could the parents give their consent to the marriage of their child who is below 18 years old?
The marriage of a person below 18 years of age even with the consent of the parents, are void ab
initio (void from the very beginning).

2. Consent freely given in the presence of the solemnizing officer.

Formal Requisites of Marriage
1. Authority of Solemnizing Officer
(a) Any incumbent member of the judiciary within the court’s jurisdiction.
(b) Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his church
or religious sect and registered with the civil registrar general, acting within the limits granted to
him by his church and provided that one of the contracting parties belongs to the solemnizing
officer's church or religious sect.
(c) Any ship captain or airplane chief only in cases.of articulo mortis. A marriage in articulo mortis
between passengers or crew members may also be solemnized not.only while the ship is at sea or
the plane in flight, but also during stopovers at ports of call.
(d) Any military commander of a unit.to which a chaplain is assigned, in the absence of the latter,
during a military operation. A-military commander of a unit-who is a commissioned officer, shall
likewise have the authority to solemnize marriages in articulo mortis between persons within the
zone of military operation, whether members of the armed forces or civilians.
(e} Any consul-general, consul or vice-consul. Marriages between Filipino citizens abroad may be
solemnized and the issuance of the marriage license and the duties of the local civil registrar and
the solemnizing officer with regard. to the celebration of marriage shall be performed by said
consular official.
(f) Under the Family Code, governors, mayors and ambassadors are not authorized to perform
marriages.
However, under the Local Government Code, mayors are now authorized to perform marriages
within their jurisdiction.

Take Note: Articulo Mortis means at the point of death.

2.Valid marriage license. The license shall be valid in any part of the Philippines for a period of
one hundred twenty days from the date of issue, and shall be deemed automatically cancelled at the
expiration of said period ifthe contracting parties have not made use of it.

The following cases are exception from having a license:

(a)Marriage in Articulo Mortis. In case either or both of the contracting parties are at the point of
death, the marriage may be solemnized without the necessity of a marriage license and shall remain
valid even if the ailing party subsequently survives.
(b)Marriage in remote places. If the residence of either party is so located that there is no means
of transportation to enable such party to appear personally before the local civil registrar.
(c)Marriage of people who have previously cohabited for at least 5 years. No license shall be
necessary for the marriage of a man and a woman who have lived together as husband and wives
 For comprehensive discussions, visit Youtube Channel: BeCueno

for at least five years and without any legal impediment to marry each other. The contracting
parties shall state the foregoing facts in an affidavit before any person authorized by law to
administer oaths.
(d)Marriages between pagans or Muslims, who live in non-Christian provinces, and who are
married in accordance with their customs.
3. A marriage ceremony. It shall be held with the appearance of the contracting parties before the
solemnizing officer and their personal declaration that they take each other as husband and wife in
the presence of not less than two witnesses.

Paternity and Filiations

Filiation is the civil status or relationship of the child to the father. The filiations of children may be
by nature or by adoption. Natural filiations may be legitimate or illegitimate while paternity is the
civil status relationship of the father to the child.

Kinds of children under Family Code

1. Legitimate Child
e One conceived or born during the marriage of the parents.
e Children conceived as a result of artificial insemination. of the wife with the sperm of the
husband or that of a donor or both are likewise legitimate children of the husband and his
wife, provided, that both of them authorized or ratified such insemination in a written
instrument executed and signed by them before the birth of the child. The instrument shall
be recorded in the civil registry together with the birth certificate of the child.
2. legitimate Child
e Children conceived outside the valid marriage.

Take Note: Under R.A. No. 9255, Illegitimate children may use the surname of their father if their
filiation has been expressly recognized by the father, either through:
a. __ record of birth in civil register
b. father’s admission in public document
c. father's admission in private handwritten document
3. Legitimated Child
e Takes place by a subsequent valid marriage between parents.
e The annulment of avoidable marriage shall not affect the legitimation.
e Any children can be legitimated as long as there are no disqualifications by any impediment
to marry.
e Legitimated child will enjoy the same rights as legitimated children.
4. AdoptedChild
Legally made the son or daughter of someone other than the biological parent.

PARENTAL AUTHORITY
PARENTAL AUTHORITY (PATRIA POTESTAS) is the mass of rights and obligations which parents
have in relation to the person and property of their children until their emancipation, and even
after under certain circumstances.
SUSPENSION OF PARENTAL AUTHORITY
1. Conviction of parent for crime without civil interdiction
Treats child with excessive harassment and cruelty
wn

Gives corrupting orders, counsel or example

Compels child to beg
we

Subjects to or allows acts of lasciviousness

 For comprehensive discussions, visit Youtube Channel: BeCueno

GROUNDS FOR THE PERMANENT TERMINATION OF PARENTAL AUTHORITY:

1. Death of parents
2. Death of child
3. Emancipation of child
4. Parents exercising parental authority has subjected the child or allowed him to be subjected
to sexual abuse

GENERAL RULE: A child under 7 years of age shall not be separated from the mother UNLESS the
court finds compelling reasons to order otherwise. Paramount consideration in matters of custody
of a child is the welfare and well-being of the child (Tonog v. CA).
What is Family?
e Denotes a group of people affiliated by consanguinity, Father affinity, and co-residence.
e Basic unit of society
e Basic social institution
e Foundation of nation (Art. 149, FC)

What are the Types of Family?

1. Nuclear family/Conjugal or Elementary- family composed of a father, mother and a child
or children
2. Extended family - composed of members other than the father, mother, and children, e.g .,
in-laws, relatives, household helps, employees, etc.

Models of Family Life

a. Corporate Model- Father.is the Chief.Executive Officer. Mom, the operating officer who
implements Dad’s policy and manages the Staff(children}, who in turn have privileges and
responsibilities based on their seniority.
b. Team Model- Dad is the head coach; mom is the chief of the training table and head
cheerleader. The children, suffering frequent performance anxiety, play by the rules and
stay in shape with conformity calisthenics. In the team family, competition is the name of
the game and winning is everything.
c. Military Model- Dad’s the general. Mom always on guard duty with a special assignment to
the nurse corps when needed. Rank justifies arbitrary behavior. Sympathy is for softies.
Discipline is all. Unruly children are sent to the stockade. Insubordinate wives risk
dishonorable discharge. Punishment is swift and sadism is called character building.
d. Boarding Model.-Dad, the rector, or headmaster, is in charge of training strong minds and
bodies. Mom, the dorm counselor, overseas the realm and emotion, illness, good works, and
bed wetting. The children are dutiful student. The parents of course, have nothing left to
learn, theirs is but to teach and test.
e. Theatrical Model- Dad, the producer, also plays the role of the Father. Mom, the stage
manager, doubles in part of Mother. Children, the stagehands, also act the roles of girls and
boys

RELATED PHILIPPINE LAWS AFFECTING CHILDREN

e PD 603- known as the "Child and Youth Welfare Code". It was approved on December 10, 1974
and took effect on June 10, 1975.
e RA. 6809- Lowering the age of majority from 21 to 18 years of age.
e RA 9344- It is known as the "Juvenile Justice Welfare Act of 2006". It was approved on April 28,
2006.
 For comprehensive discussions, visit Youtube Channel: BeCueno

RA 10630- An Act Strengthening the Juvenile Justice System in the Philippines, amending for
the purpose Republic Act No. 9344.
RA 9262- It is known as the "Anti-Violence Against Women and their Children Act of 2004"".
RA 7610- This Act shall be known as the "Special Protection of Children Against Abuse,
Exploitation and Discrimination Act."
R.A. 8369- The law that established the "Family Court" .*
R.A. 8552- An act establishing the rules and policies on the domestic adoption of Filipino
children or also known as "Domestic Adoption Act of 1998."
R.A. 8043- An act establishing the rules to govern inter-country adoption of Flipino children or
also known as "Inter-Country Adoption Act of 1995."
R.A. 6972- Barangay Level Development and Protection of Children Act Creation of a Day-Care
Center in energy barangay.
R.A. 9255- An Act allowing illegitimate children to use the surname of their father amending for
purpose
Art. 176 of E.0. 209 otherwise known as the "Family Code" of the Philippines.

SALIENT PROVISIONS OF PD 603

Special Categories of Children

1. Dependent Child - one who is without a parent, guardian or custodian; or one whose
parents, guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.
2. Abandoned Child - one who has no proper parental care or guardianship, or whose parents
or guardians have deserted him for a period of at least six (6) continuous months.
Take Note: This provision was further amended by RA 9523 in which Abandoned Child
may refer 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 foundling.

"Foundling” means an infant that has been abandoned by its parents and is discovered
and cared for by others.
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; Physical Neglect & Emotional Neglect
(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.

What is Parental Authority (Patria Potestas)?

Refers to the sum total of the rights of the parents over the person and property of their un-
emancipated child. The exercise of which has no distinction between a legitimate and an
illegitimate child.
 For comprehensive discussions, visit Youtube Channel: BeCueno

Take Note: Parental authority shall be exercised jointly by the parents of the child. In the case of
disagreement, the father's decision shall prevail unless there is a judicial order to the contrary. In
case of separation of his parents, no child under seven years of age shall be separated from his
mother unless the court finds compelling reasons to do so (PD 603 as amended by EO 209 or the
Family Code).

SUBSTITUTE PARENTAL AUTHORITY

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;
(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. (PD 603
as amended by EO 209 or The Family Code).

Take Note: Emancipation means freedom from parental authority over persons and property of the
child. Emancipation takes place by the attainment of age of majority which is 18 years old.
What is Parental Responsibility?
The sum total of the duties and obligations of parents over their. minor children.
Liabilities of Parents
Parents and guardians are responsible for the damage or injury caused by the child under their
parental authority

Classifications of Child and Youth Welfare Agencies

1. Child-caring Institution - one.that provides twenty-four resident group care service for the
physical, mental, social and spiritual well-being of nine or more mentally gifted, dependent,
abandoned, neglected, handicapped or disturbed children, or youthful offenders.

An institution, whose primary purpose is education, is deemed to be a child-caring institution when

nine ormoreof its pupils or wards in the ordinary course of events do not return annually to the
homes of their parents or guardians for at least two months of summer vacation.

2. Detention Home - A twenty-four-hour child-caring institution providing short term resident

care for youthful offenders who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction

Take Note:"Detention Home” was amended by RA 9344 into "Youth Detention Home" defined
as a 24-hour child-caring institution managed by accredited 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 awaiting court disposition of their cases or
transfer to other agencies or jurisdiction. And under RA10630 "Youth Detention Home" was
amended into "BahayPag-Asa” which defined as a 24-hour child-caring institution established,
funded and managed by accredited 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 fifteen (15) but below eighteen (18) years of age who are awaiting
court disposition of their cases or transfer to other agencies orjurisdiction.

3. Shelter-care institution - one that provides temporary protection and care to children
requiring emergency reception as a result of fortuitous events, abandonment by parents,
dangerous conditions of neglect or cruelty in the home, being without adult care because of
crisis in the family, or a court order holding them as material witnesses.
 For comprehensive discussions, visit Youtube Channel: BeCueno

4. Receiving homes - family-type homes which provides temporary shelter from ten to twenty
days for children who shall during this period be under observation and study for eventual
placement by the Department of Social Welfare. The number of children in a receiving home
shall not at any time exceed nine: Provided, that no more than two of them shall be under three
years of age.
5. Nursery - a child-caring institution that provides care for six or more children below six years
of age for all or part of a twenty-four-hour day, except those duly licensed to offer primarily
medical and educational services.
6. Maternity Home - an institution or place of residence whose primary function is to give shelter
and care to pregnant women and their infants before, during and after delivery.
7. Rehabilitation Center - an institution that receives and rehabilitates youthful offenders or
other disturbed children.
8. Reception and Study Center - an institution that receives for study, diagnosis, and temporary
treatment, children who have behavioral problems for the purpose of determining the
appropriate care for them or recommending their permanent treatment.or rehabilitation in
other child welfare agencies.
9. Child-placing Agency- an institution or person assuming the care, custody, protection and
maintenance of children for placement in any child-caring institution or home or under the care
and custody of any person or persons for purposes of adoption, guardianship or foster care. The
relatives of such child or children within the sixth degree of consanguinity or affinity are
excluded from this definition.

SALIENT PROVISIONS OF R.A. NO. 9262

This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004."

A. Violence Against Women and their Children (VAWC)

Refers to any act or a series of acts committed by any person against a woman who is his wife,
former wife, or against a woman with whom the person has or had a sexual or dating relationship,
or with whom he has a common child; or against her child whether legitimate or illegitimate, within
or without the family abode, which result in or is likely to result in physical, sexual, psychological
harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

e Physical Violence - refers to acts that include bodily or physical harm;

e Sexual violence - refers to an act which is sexual in nature, committed against a woman or her
child. It includes, but is not limited to:
a. Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent
shows or forcing the woman or her child to do indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live in the conjugal home or sleep together in the
same room with the abuser;
b. Acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;
c. Prostituting the woman or child.
 For comprehensive discussions, visit Youtube Channel: BeCueno

e Psychological violence - refers to acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity.
It includes causing or allowing the victim to witness the physical, sexual or psychological abuse
of a member of the family to which the victim belongs, or to witness pornography in any form
or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

e Economic abuse - refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:
a. Withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein the
other spouse/partner objects on valid, serious and. moral grounds as defined in
Article 73 of the Family Code;
b. Deprivation or threat of deprivation of financial:resources andthe right to the use
and enjoyment of the conjugal, community or property owned in common;
c. Destroying household property;
d. Controlling the victims’ own money or properties or solely controlling the conjugal
money or properties.

B. Battery- It refers to an act of inflicting physical harm upon.the woman or her child resulting to
the physical and psychological or emotional distress.
C.Battered Woman Syndrome-\t refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative
abuse.
D. Stalking- It refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.
E. Dating relationship- \t.refers to a situation wherein the parties live as husband and wife without
the benefit of marriage or are romantically involved over time and on a continuing basis during the
course of the relationship. A casual acquaintance or ordinary socialization between two individuals
in a business or social context is not a dating relationship.
F. Sexual relations- It refers to a single sexual act which may or may not result in the bearing of a
common child.

Venue
The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction
over cases of violence against women and their children under this law. In the absence of such court
in the place where the offense was committed, the case shall be filed in the Regional Trial Court
where the crime or any of its elements was committed at the option of the compliant.

Take Note: Violence against women and their children shall be considered a public offense which
may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.

SALIENT PROVISIONS OF RA NO. 7610

This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation
andDiscrimination Act.”
 For comprehensive discussions, visit Youtube Channel: BeCueno

What is child abuse?

It refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:
e Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
e Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity
ofa child as a human being;
e Unreasonable deprivation of his basic needs for survival such as food and shelter; or
e Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.

What physical injury is considered as child abuse?

One that causes severe injury or serious bodily harm to child, such as lacerations, fractured bones,
burns or internal injuries.

What psychological injury is considered as child abuse?

One that harms a child's psychological or intellectual functions: This may be. exhibited by severe
anxiety, depression, withdrawal or outward aggressive behavior or a combination of said
behaviors.

Employment of Children
Children below fifteen (15) years of age may be employed: Provided, That the following minimum
requirements are present;
a. The employer shall secure for the child a work permit from the Department of Labor and
Employment;
b. The employer shall ensure the protection, health, safety, and morals of the child;
c. The employer shall institute measures to prevent exploitation or dis-crimination taking into
account the system and level of remuneration, and the duration and arrangement of working
time; and
d. The employer shall formulate and implement a continuous program for training and skill
acquisition of the child.

Rights of Children Arrested for Reasons Related to Armed Conflict

Any child who has been arrested for reasons related to armed conflict, either as combatant, courier,
guide or spy is entitled to the following rights:
Separate detention from.adults except where families are accommodated as family units;
oP

Immediate free legal assistance;

Immediate notice of such arrest to the parents or guardian of the child; and
ao

Release of the child on recognizance within twenty-four (24) hours to the custody of the
Department of Social Welfare and Development or any responsible member of the community
as determined by the court.

Who May File a Complaint?

Complaints on cases of unlawful acts committed against the children as enumerated above may be
filed by the following:
( a) Offended party;
( b) Parents or guardians;
( c) Ascendant or collateral relative within the third degree of consanguinity;
( d) Officer, social worker or representative of a licensed child-caring institution;
( e) Officer or social worker of the Department of Social Welfare and Development;
( f) Barangay chairman; or
( g) At least three (3) concerned responsible citizens where the violation occurred.
 For comprehensive discussions, visit Youtube Channel: BeCueno

Salient Provisions of RA 9344 as amended by RA 10630

RA 9344
It is known as the "Juvenile Justice Welfare Act of 2006". It was approved on April 28, 2006. This
law institutionalized the promotion of the well-being of child and their families, involvement of
parents and guardians, promotion of diversion, avoiding deprivation of liberty and protecting the
privacy rights of children.

RA 10630
An Act Strengthening the Juvenile Justice System in the Philippines, amending for the purpose
Republic Act No. 9344. This law amended the title of Republic Act No. 9344 into "An Act
Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile justice and
Welfare Council under the Department of Social Welfare and Development. This further
emphasized child-sensitive justice policies focused on the best interest of the child. This principle
has been first laid down in the Doha Declaration.

Terms used under RA 9344 and RA 10630

(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished
by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be
given in the form of corporate security, property bond, cash deposit, or recognizance.
(b) "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.
(c) “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, 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;
1. being exploited including sexually or economically;
2. 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;
SW

being out of school;

being a street child;
SONAWM

being a member of a gang;

living in acommunity with a high level of criminality or drug abuse; and
living in situations of armed conflict.

d) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as,
—_

having committed an offense under Philippine laws.

Take Note: Under PD_603, Youthful Offender is the proper term when the child commits
crime. But it was further amended by RA 9344 the proper term for such child who is above 15
but below 18 commit crime is called Child in Conflict with the Law.
(e) "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.
(f) “Deprivation of Liberty” refers to any form of detention or imprisonment, or to the placement
of a child in conflict with the law in a public or private custodial setting, from which the child in
 For comprehensive discussions, visit Youtube Channel: BeCueno

conflict with the law is not permitted to leave at will by order of any judicial or administrative
authority.
(g) "Diversion" refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of his/her social,
cultural, economic, psychological or educational background without resorting to formal court
proceedings.
(h) "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.
(i) “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.
(j) “Intervention” refers to a series of activities which are designed to address issues that caused
the child to commit an offense. It may take the form of an individualized treatment program
which may include counseling, skills training, education, and other.activities that will enhance
his/her psychological, emotional and psychosocial well-being.
(k) "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.
(l) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in
Article 152 of the Revised Penal Code, including.a barangay tanod.
(m)"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.
(n) "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.
(o) "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.

STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE

What is Juvenile Justice and Welfare Council (JJWC)

Under RA 9344, A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the
Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by
an undersecretary of the Department of Social Welfare and Development. It shall ensure the
effective implementation of this Act and coordination among the following agencies:
e Department of Justice (DOJ);
e Council for the Welfare of Children (CWC);
e Department of Education (DepED);
e Department of the Interior and Local Government (DILG);
Public Attorney’sOffice (PAO)
Bureau of Corrections (BUCOR);
Parole and Probation Administration (PPA));
National Bureau of Investigation (NBI);
Philippine National Police (PNP);-);
Bureau of Jail Management and Penology (BJMP);
 For comprehensive discussions, visit Youtube Channel: BeCueno

e Commission on Human Rights (CHR);

e Technical Education and Skills Development Authority (TESDA);
e National Youth Commission (NYC); and
e Other institutions focused on juvenile justice and intervention programs.

Take Note: RA 10630 amended this provision wherein it attached the Juvenile Justice and
Welfare Council (JJWC) to the Department of Social Welfare and Development, since the chairman
is the undersecretary of the DSWD.

Age of Criminal Responsibility and the Presumption of Minority

Who Are Exempted?
e A child who is fifteen (15) years of age or under at the time of the commission of the
offense; and
e A child above fifteen (15) years of age but below eighteen (18) years of age if he or she
acted without discernment.

Take Note: However, both of them are required to undergo Intervention Program.
*Be noted further that they are exempted only from criminal liability and not from civil liability.

Take Note:Discernment means the capacity of the child at the time of the commission of the
offense to understand the difference between right and wrong and the consequences of the
wrongful act.

Determination of Age
The age of a child may be determined from the child's birth certificate, baptismal certificate or any
other pertinent documents. In the absence of these documents, age may be based on information
from the child himself/herself, testimonies of other persons, the physical appearance of the child
and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her
favor.

Take Note: 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.

TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY

If it has been determined that the child taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child, in consultation with the local social
welfare and development officer, has the duty to immediately release the child to the custody of
his/her parents.or guardian, or in the absence thereof, the child's nearest relative. The child shall be
subjected to a community-based intervention program supervised by the local social welfare and
development officer, unless the best interest of the child requires the referral of the child to a youth
care facility or 'BahayPag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by
the DSWD.

What is Intensive Juvenile Intervention and Support Center (IJISC)?

Under RA 10630, every 'BahayPag-asa’ will have a facility called the Intensive Juvenile Intervention
and Support Center (IJISC). This Center will be allocated for children in conflict with the law (CICL)
specifically those children who is above twelve (12) years of age up to fifteen (15) years of age
found to have committed serious crimes, and who commits an offense for the second time or
oftener.
 For comprehensive discussions, visit Youtube Channel: BeCueno

Take Note: Serious Crimes under this provision includes parricide, murder, infanticide, kidnapping
and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape,
destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses
under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more
than twelve (12) years of imprisonment.

Duties during of Law enforcement officer and social worker during Initial Investigation
a. The law enforcement officer shall, in his/her investigation, determine where the case
involving the child in conflict with the law should be referred.
b. 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.
c. 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. The initial assessment shall be without prejudice
to the preparation of a more comprehensive case study report. The local social worker shall
do either of the following:
(a} Proceed in accordance with Section 20 (immediately release the child to the custody
of his/her parents.or guardian, or in the absence thereof, the child's nearest relative.
Said authority, The child shall give notice tobe subjected to a community-based
intervention program supervised by the local social welfare and development officer
who will, unless the best interest of the child requires the referral of the child to a
youth care facility or 'BahayPag-asa' managed by LGUs or licensed and/or accredited
NGOs monitored by the DSWD.) if the child is fifteen (15) years or below or above
fifteen (15) but.below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted
with discernment, proceed to diversion."

System of Diversion:Children in conflict with the law shall undergo diversion programs without
undergoing court proceedings subject to the conditions herein provided:

(a) Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local
social welfare and development officer or other members of the LCPC shall conduct mediation,
family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict
resolution in accordance with the best interest of the child with a view to accomplishing the
objectives of restorative justice and the formulation of a diversion program. The child and his/her
family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment,
the local social welfare and development officer shall meet with the child and his/her parents or
guardians for the development of the appropriate diversion and rehabilitation program, in
coordination with the BCPC;
(c) the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion
measures may be resorted to only by the court.
 For comprehensive discussions, visit Youtube Channel: BeCueno

Contract of Diversion
If during the conferencing, mediation or conciliation, the child voluntarily admits the commission of
the act, a diversion program shall be developed when appropriate and desirable. Such admission
shall not be used against the child in any subsequent judicial, quasi-judicial or administrative
proceedings. The diversion program shall be effective and binding if accepted by the parties
concerned. The acceptance shall be in writing and signed by the parties concerned and the
appropriate authorities. The local social welfare and development officer shall supervise the
implementation of the diversion program. 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.

Take Note: The diversion proceedings shall be completed within forty-five (45) days. The period of
prescription of the offense shall be suspended until the completion of the diversion proceedings but
not to exceed forty-five (45) days.

Kinds of Diversion Programs

The diversion program shall include adequate socio-cultural. and psychological responses and
services for the child. At the different stages where diversion may be resorted to, the following
diversion programs may be agreed upon, such as, but not limited to:

(a) At the level of the Punong Barangay:

(1) Restitution of property;
(2) Reparation of the damage.caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the child's family;
(7)Attendance in trainings, seminars and lectures on:
(i) anger management skills;
(ii) problem solving and/or conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid the child in dealing with situations which can lead to
repetition of the offense;
(8) Participation in available community-based programs, including community service; or
(9) Participation in education, vocation and life skills programs.

(b)At the level of the law enforcement officer and the prosecutor:
(1) Diversion programs specified under paragraphs (a)(1) to (a)(9) mentioned
above; and
(2) Confiscation and forfeiture of the proceeds or instruments of the crime;

(c) At the level of the appropriate court:

(1) Diversion programs specified under paragraphs(a) and (b) above;
(2) Written or oral reprimand or citation;
(3) Fine:
(4) Payment of the cost of the proceedings; or
(5) Institutional care and custody.

Preliminary Investigation and Filing of Information

 For comprehensive discussions, visit Youtube Channel: BeCueno

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; 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.

Take Note: 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."

Automatic Suspension of Sentence

Once the child who is under eighteen (18) years of age at the time of the commission of the offense
is found guilty of the offense charged, the court shall determine and.ascertain any civil liability
which may have resulted from the offense committed. However, instead of pronouncing the
judgment of conviction, the court shall place the child in conflict with the law under suspended
sentence, without need of application. Uponsuspension of sentence and after considering the
various circumstances of the child, the court shall impose the appropriate disposition measures as
provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

Discharge of the Child in Conflict with the Law

Upon the recommendation of the social worker who has custody of the child, the court shall
dismiss the case againstthe child whose sentence has been suspended and against whom
disposition measures have been issued, and shall order the final discharge of the child if it finds that
the objective of the disposition measures have been fulfilled.

Take Note: The discharge of the child in conflict with the law shall not affect the civil liability
resulting from the commission of the offense, which shall be enforced in accordance with law.

Return of the Child in Conflict with the Law to Court

If the court finds that the objective of the disposition measures imposed upon the child in conflict
with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to
comply with the conditions of his/her disposition or rehabilitation program, the child in conflict
with the law shall be brought before the court for execution of judgment.

Take Note: If said child in conflict with the law has reached eighteen (18) years of age while under
suspended sentence, the court shall determine whether to discharge the child in accordance with
this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified
period or until the child reaches the maximum age of twenty-one (21) years.

Probation as an Alternative to Imprisonment

The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in lieu of service of his/her sentence taking
into account the best interest of the child.

Offenses Not Applicable to Children

Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of
vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under
Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such
 For comprehensive discussions, visit Youtube Channel: BeCueno

prosecution being inconsistent with the United Nations Convention on the Rights of the Child:
Provided, that said persons shall undergo appropriate counseling and treatment program

LIABILITY OF PARENTS FOR TORTS COMMITTED BY THEIR MINOR CHILDREN:

Parents and other persons exercising parental authority shall be civilly liable for the injuries and
damages caused by the acts or omissions of their minor PROVIDED the children are living in their
company and under their parental authority.