Juvenile Delinquency

10/2/2014

JUVENILE
 minors or individuals younger than
the statutory age of majority

JUVENILE
DELINQUENCY
By
NICA DALISAN

DELINQUENCY
 failure to do what law or duty requires
Any action or conduct that deviates
from acts of common people or from

the norms of the society.
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JUVENILE DELINQUENCY

CATEGORIES OF JUVENILE
DELINQUENCY

 also known as juvenile offending, or youth
crime
 refers to any action or conduct of children or
youth that are not conventional or not normally
accepted by the people
 it refers also to any misbehaviors committed by
children
such
as
minor
offenses
or
misdemeanors, or those acts defined by juvenile
codes or laws
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1. Delinquency - crimes committed by minors
which are dealt with by the juvenile courts
and justice system
2. Criminal behavior – crimes dealt with by the
criminal justice system
3. Status Offenses – acts or omission which
may not be punishable if committed by adults,
but become illegal only because the person is
under age and the act was committed primarily
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by children, minors, or juveniles.

Vices
Disobeying
Parents

Using
Profanity
Violating
Curfew
hours
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Skipping
School

Juvenile
Status
Offender

Sex and
Immoral
Conduct

Having
Bad
Companion

Running
Away

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JUVENILE DELINQUENTS

YOUTHFUL OFFENDER

- a person who is under age
(usually below 18), who is found to have
committed a crime which have declared
by law that a minor lacks responsibility
and thus may not be sentenced as an
adult.

– children who are over nine years
old but under 18 years old of age at the
time of the commission of the crime.

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TYPES OF OFFENDERS THAT
EMERGE IN ADOLESCENCE

FILIPINO CHILD

1.Life-Course-Persistent Offender
aka repeat offender
who
begins
offending
or
showing
antisocial/aggressive behavior in adolescence
(or even childhood) and continues into
adulthood;
2.Adolescence-Limited Offender
aka age specific offender
juvenile offending or delinquency begins and
ends during their period of adolescence.

a person below 18 years of age (RA
9344).

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SPECIAL CATEGORIES OF
CHILDREN (PD 603)

2. Abandoned child

1.Dependent child
a person

without

a

parent,

guardian

Person over 18 years but unable to
fully take care of themselves from
abuse, neglect, cruelty, exploitation or
discrimination because of physical or
mental disability or condition (PD 603)

or

custodian
or whose parents, guardian or custodian for
good cause desires to be relieved of his care

 a person who has no proper parental care or
guardianship,
 or whose parents or guardian has deserted
him for a period of at least six continuous
months.

and custody
dependent upon the public for support.
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3. Neglected child

Two types:

 a person whose basic needs have been
deliberately unattended to

a.Physical Neglect - occurs when the child is
malnourished, ill clad and without proper
shelter

 inadequately attended to physically or
emotionally, by his parents or guardians.

b.Emotional neglect - occurs when a child is
raped,
seduced,
maltreated,
exploited,
overworked or made to work under streets or
public places, or when placed in mortal
danger, or exposed to drugs, alcohol
gambling, prostitution and other vices

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4. Disabled child

5. Mentally Retarded Child

it includes:

 socially incompetent

 mentally retarded,

 mentally subnormal

 physically handicapped,

 retarded intellectually from birth or early
age

 emotionally disturbed and

 retarded at maturity

 mentally ill children,
 children with cerebral palsy
inflicted with similar afflictions.

and

those

 mentally deficient as a result of
constitutional origin, through hereditary or
disease
 essentially incurable.

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CATEGORIES OF MENTALLY
RETARDED CHILD

a. Custodial Group
 severely or profoundly retarded
 the least capable group
 includes those with I.Q.s to 25.

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b. Trainable Group
 with I.Q.s from about 25 to about 50
 shows a mental level and rate of
development which is 1/4 to 1/2 that of the
average child
 is unable to acquire higher academic skills,
but can usually acquire the basic skills for
living to a reasonable degree
 can likewise attain a primary grade level of
education if he receives effective instruction

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d. Borderline or Low Normal Group

c. Educable Group
 IQ ranges from about 50 to about 75
 intellectual development is approximately
1/2 to 3/4 of that expected of a normal
child of the same chronological age
 may reach 5th or 6th grade educational
level
 can develop occupational skills which may
result in partial or complete economic
independence in adulthood
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6. Emotionally Disturbed Children
 not afflicted with insanity or mental
defect
 unable to maintain normal social
relations
with
others
and
the
community in general
 due to emotional problems or complexes

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8. Mentally Ill Children

 with any behavioral disorder
 functional or organic
 which is of such a degree of severity
as to require professional help or
hospitalization

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 the highest group of mentally retarded, with
I.Q.s from about 75 to about 89
 only slightly retarded and they can usually
get by in regular classes if they receive some
extra help, guidance and consideration
 have to spend much more time with their
studies than do most children in order to pass
 those who cannot make it are usually
handicapped by one or more other conditions
aside from that of intelligence
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7. Physically Handicapped child
 Crippled
 deaf-mute
 Blind
 or otherwise defective which restricts
their
means
of
action
on
communication with others.

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CHILDREN AT RISK
a child who is vulnerable to and at
the risk of committing criminal
offenses because of personal, family
and social circumstances

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Children at risk circumstances:

3. being abandoned or neglected, and after

1. 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

diligent search and inquiry, the parent or
guardian cannot be found;
4. coming from a dysfunctional or broken
family or without a parent or guardian;
5. being out of school;

2. being exploited
economically;

including

sexually

or
6. being a street child;

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7. being a member of a gang;
8. living in a community with a high level of
criminality or drug abuse; and
9. living in situations of armed conflict

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COMMITMENT OR
SURRENDER OF A CHILD
– is the legal act of entrusting a
child to the care of the DSWD or any
duly licensed child placement or child
caring agency or individual by the
court, parent or guardian.

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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.

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a. Involuntary Committed Child – a person
whose parents, have been permanently and
judicially deprived of parental authority due
to abandonment; substantial, continuous or
repeated neglect; abuse or incompetence to
discharge parental responsibility.
b. Voluntary Committed Child – a person
whose parent’s knowingly and unwillingly
relinquished parental authority to the DSWD
or any duly licensed child-placement or childcaring agency or individual.
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AGENCIES
1.CHILD-PLACING
AGENCY

OR

CHILD-PLACEMENT

– it refers to a private non-profit
institution or government agency duly
licensed and accredited by the Department to
provide
comprehensive
child
welfare
services, including but not limited to
receiving application for adoption or foster
care, evaluating the prospective adoptive or
foster parents and preparing the home study
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report.

3. YOUTH DETENTION CENTER /HOME
– refers to 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.
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5. 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.

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2. CHILD-CARING AGENCY
– it refers to a private no-profit
institution or government agency duly
licensed and accredited by the Department
that provides twenty-four hour residential
care services for abandoned, orphaned,
neglected, involuntarily or voluntarily
committed children.

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4. 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.
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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.

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7. Receiving homes.
- provide temporary shelter from ten
(10) to twenty (20) days for children
who shall during this period be under
observation and study for eventual
placement by DSWD. The number of
children in a receiving home shall not at
any time exceed nine (9).

9. Shelter-care Institution.
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 or a court order holding
them as a child witness.

AGE OF CRIMINAL
RESPONSIBILITY

8. Nursery.
• A child-caring institution that provides
care for six or more children below six
years of age for all or part of a twentyfour hour day, except those duly
licensed to offer primary medical and
educational services.

10. Receiving homes.
- provide temporary shelter from ten
(10) to twenty (20) days for children
who shall during this period be under
observation and study for eventual
placement by DSWD. The number of
children in a receiving home shall not at
any time exceed nine (9).

DISCERNMENT

– is the age when the child is above
15 but below 18 years of age and
commits an offense with discernment.

– refers to the mental capacity to
understand the difference between
right
and
wrong
and
its
consequences.

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PARENS PATRIAE
 it dictates that the state had the right to
benevolently intervene in the care and custody
of the child
 The state shall become the parents of the
child
GUARDIAN AD LITEM
 a person appointed by the court where the
case is pending for a child sought to be
committed to protect his best interests.

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.

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RESTORTIVE JUSTICE
– the principle that requires the process
of
resolving
conflicts
with
the
maximum involvement of the victim,
the offender and the community.

NATURE OF DELINQUENCY

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Historical Background of

Juvenile Delinquency
A. Hammurabi Code
 the oldest known code to discussed
maltreatment of children.

B. Anglo Saxon Law
 influenced by the Roman and Canon Law
 emerged in England During the 11th and
12th centuries

Ex. Runaways, children who disowned
their parents, and sons who cursed
their fathers were severely being
punished.

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The Child Offender in the 18th Century

Under the Common Law:
1. Children

under

7

were

automatically

presumed innocent because of their age
2. Children

over

14

were

automatically

judged as an adult

 Crime and deviance was equally equated
with sin and immorality
 No

special

category

called

“juvenile

delinquent”

3. Children between 7 and 14 were presumed
innocent because of their age, but could be
found guilty under certain circumstances.

Creation of Institution

Roman and Canon Law

• Oriented toward education and treatment
rather than punishment

• Distinguish juveniles and adults based on
“age of responsibility”

Two Types of Juvenile Institutions
1. Houses of refuge – housed juvenile
offender
2. Orphan asylums – housed abandoned
and orphaned children

Ancient Jewish Law
• Talmud considered immaturity in imposing
punishment
• No capital punishment to be imposed under
20 years old.

Codification of Roman Law
• Resulted in the Twelve Tables
• Made it clear that children were criminally
responsible and be dealt with by the same
criminal justice system as adults
• Punishment is less severe for young people
• Immunity is given to all children under 7 who
are considered “infans” or proximus infantae”
(inability to speak)
• Those between 7 and puberty (14-male; 12female), liability was based on the capacity to
understand right from wrong

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Creation of the Juvenile Court
• First
separate
juvenile
court
established in Chicago in 1899.

was

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19th Century Changes
• New York Committee on Pauperism
(1818)
–
gave
the
term
“juvenile
delinquency”
• Albert Cohen – the first man who
attempted to find out the process of
delinquent subculture.
• 1899 to 1967 – era of socialized juvenile
justice

CHARACTERISTICS OF
DELINQUENCY
1. Incidence of delinquency accelerates at age
13 and peaks at age 17
2. The prevalence of different kinds of
offending at each stage and the percentage
of persons initiating and terminating is at
about 18 or 19.

STAGES OF DELINQUENCY
1.EMERGENCE – the child begins with petty
larceny between 8 and sometimes during the
12th year.
2.EXPLORATION – the child moves on to
shoplifting and vandalism between ages 12 to
14.
3.EXPLOSION – at age 13, there is a
substantial
increase
in
variety
and
seriousness
4.CONFLAGRATION – at around 4 or more
types of crime are added.

3. The gap between male and female
involvement is in the status and nonvictimizing offenses of serious types
4. A larger proportion of boys than girls have
broken the law and that boys break it
frequently
5. Sex ratio showing male involvement on gold
stolen values increases

CLASSIFICATION OF DELINQUENCY

PATHWAY TO DELINQUENCY

1.UNSOCIALIZED AGGRESSION – rejected or
abandoned, no parents to imitate and
become aggressive

1.AUTHORITY-CONFLICT PATHWAY – begins
at early age with stubborn behavior. This
leads to defiance and then to authority
avoidance

2.SOCIALIZED DELINQUENCY – membership
in fraternities or groups that advocate bad
things.

2.COVERT PATHWAY – begins with minor,
underhanded behavior eventually escalates
to more serious forms of criminality.

3.OVER-INHIBITED – group secretly trained
to do illegal activities like marijuana
cultivation

3.OVERT PATHWAY – escalates to aggressive
acts beginning with aggression and leading
to physical fighting and then to violence.

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TYPES OF DELINQUENT YOUTH
1. SOCIALIZED DELINQUENTS – they become
delinquent as a result of their social
association with people from whom they
learned deviant values.

3. PSYCHOTIC DELINQUENT – youths with
severe personality disorders. They have
significant distorted perception of the society
and the people around them. They do not
usually plan their crimes.

2. NEUROTIC DELINQUENTS – they become
delinquent as result of distortions in their
personality and their ideas and perception
of the world around them.

4. SOCIOPATHIC DELINQUENTS – youths
characterized by an egocentric personality.
They have limited or no compassion for
others.

OTHER WAYS OF DELINQUENT
CLASSIFICATION

4. Occasional Delinquents – delinquents that
participate in a group. They have common and
similar characteristics. They are pro-social.

1. Environmental delinquents
– occasional lawbreakers
2. Emotionally maladjusted delinquents
– chronic lawbreakers. Make breaking of
laws a habit, cannot avoid and escape from.
3. Psychiatric delinquent
– persons who become delinquent due to
mental

illness

or

serious

emotional

disturbances in the family

BEHAVIORAL DISORDERS OF
JUVENILE DELINQUENTS
1. Anti-social behavior – disrespect or
disobedience to authority
2. Lying
3. Stealing
4. Truancy – cutting classes without any
reasonable cause
5. Vagrancy – wandering away from home
6. Emotional Disorders – includes jealousy
reactions, temper tantrums and fear
reaction

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5. Gang Delinquents – they commit the most
serious infractions, most often sent to a
correctional institution, and most often
continuous in a pattern of a semi-professional
criminal behavior as adults.
6. Maladjusted Delinquents – The activity
stems from personality disturbance rather than
gang activity or slum residence. They have “weak
ego”, “the asocial” and experienced early severe
parental rejection.

Juvenile Delinquency Tendencies
Malicious – Expression of defiance
Negativistic – Changeable attitudes
like not being satisfied in status.
Non-utilitarian – Vandalistic attitude
like graffiti.
Hedonistic – Doing bad thing for
pleasure.

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TYPES OF CHILD ABUSE

CHILD ABUSE
- Causing or permitting any harmful or
offensive contact on a child’s body.
- as any act or omission, which fails to
nurture or in the upbringing of the child.

5. Accidental abuser – exercises poor judgment

TYPOLOGY OF CHILD ABUSERS
1.Mentally disordered abuser – have defective
mental ability
2.Parentally Incompetent abuser – practice
disciplining

the

same

way

she/he

1.Physical child abuse – an act of deliberately
inflicting physical injuries on a child.
2.Emotional maltreatment/ psychological
child abuse – child’s worth and dignity is
demeaned through constant scolding and
ridiculing
3.Child neglect – failure to provide the basic
need of the child. It includes physical,
educational and emotional
4.Sexual child abuse – any act of maliciously
molesting
the
child
sexually
either
consummated or not.

was

disciplined
3.Situational abuser – abused when confronted

in parenting decisions
6. Subcultural abuser – group of people that
share a number of common values, norms and
attitudes
7.Self-identified abuser – abusive; want to stop
but can’t and afraid to be made known
8.

with a particular situation

Institutionally

prescribed

abusers

–

grounded institutions for being abusive to
children

Effects of Child Abuse and
Maltreatment on Delinquency


Low self-esteem



Depression and anxiety



Post-traumatic stress disorder (PTSD)



Attachment difficulties



Eating disorders



Poor peer relations



Self-injurious

behavior

(e.g.,

• Individuals
victimized
by
child
maltreatment are more likely than
people who were not maltreated to
engage in juvenile delinquency, adult
criminality, and violent behavior.

suicide

attempts)

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PEER PRESSURE: THE ALARMIST VIEW
THE INFLUENCE OF PEER PRESSURE
FROM DELINQUENT PEERS

the period of adolescence and intense peer
group activity is most likely to lead to conflict
with adults, conventional institutions and the
law.

Delinquency often satisfies the juvenile’s
need for excitement and togetherness. Even
with cases of serious criminal acts, juveniles
will report that they acted on the basis of a
dare or considered the act just fun and
games.

 Rebellious group behavior is an indication of
extensive in-group rejection of conventional
values.
 juvenile justice policies need to pay greater
attention to those social forces that lead youth
away from normal avenues

PEER PRESSURE: THE REASSURING
VIEW

The Structure of Peer Relations
1. According to Hirschi, delinquents are as
detached from their peers as they are from
other elements of society.

 reassures us that delinquency is either
just a phase or a relatively innocent stage
in normal adolescent maturation.

2. Delinquent friends cause law-abiding youths
to get in trouble.
3. Antisocial youths seek out and join up with
like-minded friends.
4. As youths move through their life course,
antisocial friends help them maintain
delinquent careers and obstruct the aging-out
process.

GANG AND DELINQUENCY
Gangs
 group of youths who collectively engage in
delinquent behaviors.

GROUP DELINQUENCY VS. GANG DELINQUENCY





According to Miller and Klien, a group is a
gang if it is involved in illegal activity.

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Group delinquency
Short-lived
alliance
Created to commit
crime or engage in
a random violent
act







Gang delinquency
Long-lived,
complex
institution
Have a distinct structure
and organization.
Include
identifiable
leadership, division of
labor ( fighters, burglars,
deal
makers),
rules,
rituals and possessions
(headquarters
and
weapons)

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GANG TYPES

3. Serious Delinquent Gang – engages in

1. Social Gang – involved in few delinquent
activities and little drug use other than
alcohol and marijuana.

forgoing

most

delinquent

most drug use. Drugs are used only on social
occasions.

2. Party gang – concentrates on drug use and
sales,

serious delinquent behavior while eschewing

behavior,

except vandalism. Drug sales are designed to
finance members’ personal drug use.

GANG-PRONE URBAN AREAS
1. Transitional neighborhood
 marked by rapid population change
 diverse ethnic and racial groups find
themselves living side by side and in
competition with one another
2. Stable slum
 population slowed down
 permitting patterns of behavior and
traditions to develop over a number of years.
 Often contains the large, structured gang
clusters that are hard to modify or disband

4. Organized gang – heavily involved in
criminality and drug use and sales. Drug use
and sales reflect a systematic relationship
with other criminal acts.

GANG AGE
The survey conducted by the National
Gang Crime Research Center resulted to the
following:
•Kids first hear about gangs at around 9
years old
•Get involved at age 10 or 11
•Join their first gang at age 12
•By age 13, gang boys had fired a pistol, seen
someone killed or seriously injured by gang
violence, gotten a permanent gang tattoo,
and been arrested.

DRUGS AND DELINQUENCY
GANG ACTIVITY
•Wide range of illegal activity

Causes of Adolescent Drug Use

•Fight with other gangs

1. Double failure – (anomie theory) Those
persons who are unable to achieve success
through legitimate means are likely to choose
deviant modes to deal with their failure.

•Robberies
•Joyriding
•Assaults of other people

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2. Weakening of Social control – according to
social control theory, delinquency is the result of
an absence or weakening of the social control
mechanism that ensure conformity.

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Female Gang Delinquency
3. Socialization into drug use by the
subculture – youth begin and continue to use
drugs as the result of their involvement in
social groups in which drug use is considered.
4. Oppression and family conflict – these
children often turn to drugs. Parental failures,
fighting, extreme or inconsistent discipline of
their children, lack of communication, physical
and sexual abuse, emotional distance, and
disrupted marriage all take their toll on
children.

•Some girls became members because they
were tough and professed those values that
were typically applied to males.
•The probability of being accepted into the
gang increases if the girl was pretty or
already dating one of the core members.

KINDS OF FAMILY STRUCTURES IN OUR
COMMUNITIES

1.Adoptive family – a family where one or
more of the children has been adopted.
2.Bi-racial or multi-racial family – A family
where the parents are members of different
racial identity groups.
3.Trans-racial adoptive family – A family
where the adopted child is of a different
racial identity group than the parents.

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•Most members were school drop outs who
were affiliated with a male gang and usually
played the traditional roles of girlfriends or
weapon
carriers.
•Girls generally join gangs to escape the
isolation that they had experience in their
families while growing up.

FACTORS AFFECTING THE
DEVELOPMENT OF JUVENILE
DELINQUENCY
1. FAMILY
- It is the foundation of human society

- It is one of the strongest socializing
forces in life.

4. Blended family – A family that consists of
members from two (or more) previous families.
5. “Broken home” – A highly derogatory term
used to describe the homes of children from
divorced families.
6. Co-custody family - An arrangement where
divorced parents both have legal responsibility for
their children. Children may alternatively live with
both parents or live with one and have regular
visitation with the other.

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7. Conditionally separated families - A family
member is separated from the rest of the family
but remain significant members of the family.
8. Extended family - A family where
Grandparents or Aunts and Uncles play major
roles in the children’s upbringing.

10. Gay or Lesbian family - A family where one
or both of the parents’ sexual orientation is gay
or lesbian.
11. Immigrant family – A family where the
parents have immigrated to ta place as adults.
Their children may or may not be immigrants.

9. Foster family - A family where one or more of
the children is legally a temporary member of the
household. This “temporary” period may be as
short as a few days or as long as the child’s
entire childhood.

12. Migrant family – A family that moves
regularly
to
places
where
they
have
employment.

13. Nuclear family – A family consisting of a
married man & woman and their biological
children.

PARENTING STYLES

14. Single parent family – This can be either a
father or a mother who is singly responsible for
the raising of a child. The child can be by birth or
adoption. They may be a single parent by choice
or by life circumstances.

1. AUTHORITARIAN
expect their children to follow rules without
question
may be unresponsive to the adolescent’s
desires.
2. AUTHORITATIVE

15. Transnational family – These families live in
more than one country.

3. PERMISSIVE
 Parents try to be more of a friend than
parent to their children.
 Few rules or punishments are associated
with this parenting style, but there may be
a greater degree of nurturing.
4. UNINVOLVED
 sometimes set rules
 may not pay enough attention to their
children or may not be around their kids
enough to enforce the guidelines

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attempt to understand and reason with the
child while setting boundaries

FAMILY MODEL
1.THE CORPORATE MODEL
 the father is the chief executive officer
 the mother is the operating officer, and
implements

that

father’s

policy

and

manages the staff (children)
 Children

have

privileges

and

responsibilities based on their seniority.

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3. THE MILITARY MODEL

2. THE TEAM MODEL

 the father is the general

 the father is the head
 the mother is the chief of the training
table and cheerleader.
 Competition is in the name of the game;
winning is everything.

 the mother is the guard on duty with a
special assignment to nurse corps when
needed
 the kids are the grunts
 Punishment is swift, and sadism is called
character building

4. THE BOARDING SCHOOL MODEL

5. THE THEATRICAL MODEL

 the father is the rector or head master, and

 the father is the producer

is in charge of training school minds and

 the mother is the stage manager

bodies

 the children are the stagehands.

 the mother is the dorm counselor who
oversees the realm
 the children are dutiful students.

EFFECTS OF FAMILY BREAKDOWN TO THE
CHILDREN

QUALITY OF HOME
1.BROKEN HOME
 does not only refer to the separation of
parents leaving their children behind
 includes

the

leaving

their

presence
children

of

constant quarrel in the home

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parents

experience

1. Being brought up by one parent instead of two
decreases the amount of surveillance which
protects against delinquency.
2. Divorce plunges the family into poverty, which
is associated with deviance and forces the family
to find accommodation in a high delinquency
area.
3. People who divorce are less stable character
than normal and pass their instability unto their
children.

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2. SINGLE PARENT FAMILY

EFFECTS OF SINGLE-PARENT FAMILY

 Majority of single parent families are

1.Single parents are much more likely to be living
in poverty, or living in a high-delinquency area
than married persons.

the products of divorce
 strained

relationships

between

the

parents prior to family breakdown.

2.Single-parents may find it more difficult to
control their children during late childhood and
adolescence.
3.The fathers of the children of single-mothers
may have criminal behavior or alcoholism which
may have influenced their children prior to
family breakdown.

2. SCHOOL
a

public

instrument

Some instances of delinquent conduct to the
school-child relationship are the following:

for

training

young people

the

of

the

school

in

character

development of the children and youth

 more directly accessible to change
through

a.Failure

development

of

new

resources and policies.

b.Use of methods that create the conditions
of failure or frustrations on the part of the
students.
c.Lack of facilities for curricular and extracurricular activities

ACADEMIC PERFORMANCE AND
DELINQUENCY

SCHOOL CLIMATE

• Poor academic performance has been

refers to a broad range of concepts
that include:

linked to delinquent behavior.
• Those with histories of abuse and
neglect, who do well in school are often
able to avoid delinquent involvement.

a. culture of the school
b. how

the

school

is

structured

and

administered
c. its design
d. and its rule structure

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3. CHURCH
• Religion shapes the child’s spiritual beliefs.
• It serves as a guide in his/ her moral
preferences as he grows up.
• The moment children fear no God, and does
not acknowledge the existence of their
parents as the source of their being, lead
them to think that they owe nobody
anything. Delinquent behavior flourishes
among this type of children.

4. MASS MEDIA
 plays an active role in the promotion of child
rights, and delinquency prevention by relaying
consistent messages through a balanced
approach.
 have the duty to maintain the highest critical
and professional standards in reporting and
covering cases of children in conflict with the
law
The information fed by media to the child, if
not properly screened by parents to be fitted to
his/her age level and not within his/her
comprehension, would be very detrimental to
the proper upbringing of the child.

DELINQUENCY PREVENTION

JUVENILE JUSTICE

It is the act of reducing the number of
youths at risk of involvement in
delinquent acts.

DELINQUENCY PREVENTION
AND INTERVENTION

DELINQUENCY
INTERVENTION
It is the act of providing sanctions and
services for younger youths who are
actively involved in delinquent acts so
to stop them from committing again or
from recidivism.

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PREVENTION
PROGRAMS

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1. SCHOOL-BASED
PROGRAMS
 Schools
can
more
effectively
prevent
delinquency problems.
 School-based
delinquency
prevention
programs that reduce crime and antisocial
behavior are the following:
a. Behavioral and classroom management
b.Counseling
c. Schools within schools (separate classrooms)
d.Academic services
e. Social competence

3 FUNDAMENTAL
STRATEGIES FOR EARLY
INTERVENTION WITH
DELINQUENTS

2. Family prevention
 Programs intervene with high-risk
families that are most likely to
produce child delinquents.
 A combination of home visiting and
parent training is an effective
approach.

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2. AFTER-SCHOOL
PROGRAMS
 The after school period is a critical
opportunity for delinquency prevention
because the lack of adult supervision of
youth is conducive to delinquency.
 After-school programs enhance the wellbeing of children which includes
academic and enrichment activities,
sports and recreation.

1.To intervene at the
individual level with at risk
children
 It has been proven to be an effective
strategy.
 Programs
such
as
intellectual
enrichment and child skill training
programs typically target children with
low intelligence and attainment.
 Other individual programs target risk
factors of impulsivity, low empathy and
self-centeredness.

3. School and community
level prevention
 Mentoring is an excellent community
level prevention program.

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Individual Counseling
EFFECTIVE
INTERVENTIONS FOR
NONINSTITUTIONALIZED
OFFENDERS

1.Juvenile probationers received one-tone
counseling from citizen volunteers in
addition
to
regular
probationary
supervision (Moore, 1987).
2. Reality therapy counseling, in which
clients practiced eight steps until they
were able to take charge of their
lives.(Bean, 1988).
3. Juvenile sexual offenders were treated
with multisystem therapy (Borduin et al.,
1990).

Interpersonal Skills

Behavioral Programs

1. An experimental training program used
drama and the production of videos to help
delinquent juveniles see themselves from the
perspective of others and to provide remedial
training in role-taking skills (Chandler,
1973).
2. An intensive 10-day course in a large camp
or church retreat facility for juveniles
included follow-up that involved commitment
to one or more personal or community
projects (Delinquency Research Group,
1986).

1.Adjudicated delinquents were ordered by
the court to a family counseling program
as a condition of probation (Gordon,
Graves, and Arbuthnot, 1987).
2.Probationers were included in a
contingency contracting program as a
method of behavior therapy (Jessness et
al., 1975).

Multiple Services
1.A probation program offered 24 different
treatment techniques, with no juvenile
receiving more than 12 or fewer than 4
techniques (Morris, 1970).
2.A project provided 3 months of intensive
services to youth on probation, followed by
approximately 9 months of follow-up services
(Browne, 1975).
3.Youth were placed under intensive case
management and received an array of
services to meet their specific needs (Weisz et
al., 1990).

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EFFECTIVE INTERVENTIONS
FOR INSTITUTIONALIZED
OFFENDERS

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Interpersonal Skills

Teaching Family Homes

1. Adolescent boys living in a community home
school participated in twelve 1-hour sessions in
social skills training over 6 weeks (Spence and
Marzillier, 1981).
2. Adolescent boys at a youth center participated in
aggression replacement training, which took
place in 30 sessions over 10 weeks (Glick and
Goldstein, 1987).
3. The Social Interactional Skills Program was a
structured didactic program that encouraged
youth to recall problematic past experiences and
identify negative social stimuli that affected their
social interactions (Shivrattan, 1988).

1.In a community-based, family-style group
home, supervising adults (called teaching
parents) used behavior modification with six
to eight delinquent juveniles (Kirigan et al.,
1982).
2.Adjudicated
delinquents
were
in
a
community-based,
family-style,
behavior
modification group home where teaching
parents used a token economy to help youth
progress behaviorally and academically (Wolf,
Phillips, and Fixson, 1974).

Behavioral Programs
1. Incarcerated male and female adolescents
participated in a 12-week cognitive mediation
training program involving small discussion
groups ranging in size from 10 to 14 youth
(Guerra and Slaby, 1990).
2. Institutionalized male delinquents participated
in a stress inoculation training program that
included defining anger, analyzing recent anger
episodes, reviewing self-monitoring data, and
constructing an individualized six-item anger
hierarchy (Schlicter and Horan, 1981).
3. Girls in a correctional institution were trained in
reinforcement therapy principles and acted as
peer counselors for incoming wards (Ross and
McKay, 1976).

Community Residential
Programs
1.A community-based group home for girls
offered advocacy, counseling, educational
support, and vocational support (Minnesota
Governor’s Commission on Crime Prevention
and Control, 1973).
2.A community-based residential treatment
center for adjudicated youth used extensive
group discussion as therapy and emphasized
progressive assumption of self-responsibility
(Allen-Hagen, 1975).

Multiple Services
1. A probation department used a camp as an
experimental program. The camp provided
supportive services such as vocational training,
skill-oriented education, job placement, and
cottage living (Kawaguchi, 1975).
2. Institutionalized boys were treated in a
multifaceted program to overcome academic,
vocational,
and
psychological
deficits
(Thambidurai, 1980).
3. A planned reentry program used a short term,
52-bed living unit that included cottage living,
counseling, education, and recreation activities
(Seckel and Turner, 1985).

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PHILIPPINE SETTING

PREVENTION OF JUVENILE
DELINQUENCY

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THE ROLE OF THE
DIFFERENT SECTORS

THREE LEVELS OF
COMMUNITY-BASED
PRORAMS

A.PRIMARY INTERVENTION – includes
general measures to promote social
justice and equal opportunity which
tackle perceived root causes of
offending

B. SECONDARY INTERVENTION –
includes measure to assist children at
risk

C.
TERTIARY
INTERVENTION
–
includes
measures
to
avoid
unnecessary contact with the formal
justice system and other measures to
prevent re-offending.

• INTERVENTION
It 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 psycho-social
well-being.

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THE LEGAL PARAMETER OF
THE JUVENILE JUSTICE
SYSTEM
 THE CHILD AND YOUTH WELFARE CODE
(PD 603)
 THE JUVENILE JUSTICE AND WELFARE
ACT OF 2006 (R.A. 9344)
 RA 10630

R.A. 7658
An Act Prohibiting the Employment of
Children Below 15 years of age in public and
private undertakings
Republic Act No. 9775
An Act Defining The Crime Of Child
Pornography, Prescribing Penalties Therefor
And For Other Purposes.
R.A. 9231
An Act which Provides for the Elimination
of the Worst Forms of Child Labor and
affording Special Protection for Working
Children

R.A. No. 6655 – Free Public Secondary
Education Act 1988
R.A. No. 6728 – Government Assistance to
Students and Teachers in private Education
Act.
R.A. No. 7323 – An Act to Help Poor but
Deserving Students Pursue their Employment
during Summer and /or Christmas Vacations
R.A. No. 7797 – An Act to Lengthen the School
Calendar from Two Hundred (200) Days to Not
More Than Two Hundred Twenty (220) Class
days
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OTHER LAWS RELATED TO
CHILDREN
• RA 7610
Special Protection of Children against
Child Abuse, Exploitation and Discrimination
Act
• RA 9208
An Act To Institute Policies To Eliminate
Trafficking In Persons Especially Women And
Children,
Establishing
The
Necessary
Institutional Mechanisms For The Protection
And Support Of Trafficked Persons, Providing
Penalties For Its Violations, And For Other.

R.A. 9262
Anti-Women Violence and their Children
Act
R.A. 8353
The Anti Rape Law
R.A 7910 as amended
The Anti-Sexual Harassment Act
R.A. No. 8370 – Children’s Television Act of
1997 (violent x-rated films)
R.A. No. 6809 – An Act Lowering the Age of
Majority from Twenty One (21) to Eighteen (18)
Years Amending for the Purpose E.O. No. 209,
and for other purposes.

THE CHILD
• 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.
• (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.

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(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.

(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.
(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.
(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.

Responsibilities of the Child.
• (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;
• (2) Love, respect and obey his parents, and
cooperate with them in the strengthening of
the family;
• (3) Extend to his brothers and sisters his
love, thoughtfulness, and helpfulness, and
endeavor with them to keep the family
harmonious and united;

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(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.
(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.
(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.

(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.
(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.
(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.

(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;
(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;

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THE POLICY OF THE STATE
ON CHILD WELFARE

(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

• In all questions regarding the care, custody,
education and property of the child, his
welfare shall be the paramount consideration.

(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.

• The child shall be given adequate care,
assistance and guidance through his various
levels of growth, from infancy to early and
later childhood, to puberty and adolescence,
and when necessary even after he shall have
attained age 21.

• The child shall enjoy special protection and
shall be given opportunities and facilities, by
law and by other means, to ensure and enable
his fullest development physically, mentally,
emotionally, morally, spiritually and socially in
a healthy and normal manner and in
conditions of freedom and dignity appropriate
to the corresponding developmental stage.

• It shall be the responsibility of the health,
welfare, and educational entities to assist the
parents in looking after the health of the child.

• The promotion of the Child's health shall
begin with adequate pre-natal and post-natal
care both for him and his mother. All
appropriate measures shall be taken to insure
his normal total development.

• High moral principles should be instilled in
the child, particularly in the home, the school,
and the church to which he belongs.
•The promotion of the child's spiritual wellbeing according to the precepts of his religion
should, as much as possible, be encouraged
by the State.
• The civic conscience of the child shall not be
overlooked. He shall be brought up in an
atmosphere of universal understanding,
tolerance, friendship, and helpfulness and in
full consciousness of his responsibilities as a
member of society

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• The schools and other entities engaged in nonformal education shall assist the parents in
providing the best education for the child
• Steps shall be taken to insure the child's
healthy social and emotional growth. These
shall be undertaken by the home in
collaboration with the schools and other
agencies engaged in the promotion of child
welfare.

THE PARENT
• Rights of Parents
1. Primary Right of Parents. - The parents
shall have the right to the company of their
children and, in relation to all other persons
or institutions dealing with the child's
development,
the
primary
right
and
obligation to provide for their upbringing.
2. Rights Under the Civil Code. - Parents shall
continue to exercise the rights mentioned in
Articles 316 to 326 of the Civil Code over the
person and property of the child.

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3. Right to Discipline Child. - Parents have
the right to discipline the child as may be
necessary for the formation of his good
character, and may therefore require from him
obedience to just and reasonable rules,
suggestions
and
admonitions.

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;
7. To always set a good example;
8. To provide him with adequate support, as
defined in Article 290 of the Civil Code; and

Duties of Parents
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;
• 4. To inculcate in him the value of industry,
thrift and self-reliance;

PARENTAL AUTHORITY
JOINT PARENTAL AUTHORITY
The father and mother shall exercise
jointly
just
and
reasonable
parental
authority and responsibility over their
legitimate or adopted children. In case of
disagreement, the father's decision shall
prevail unless there is a judicial order to the
contrary.

9. To administer his property, if any, according
to his best interests, subject to the provisions of
Article 320 of the Civil Code.

In case of the absence or death of
either parent, the present or surviving parent
shall continue to exercise parental authority
over such children, unless in case of the
surviving parent's remarriage, the court, for
justifiable reasons, appoints another person
as guardian.
In case of separation of his parents, no
child under five years of age shall be
separated from his mother unless the court
finds compelling reasons to do so.

Family Code
• Art 213
• Amend PD 603
• From below five years old to below
seven years old

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GRANDPARENTS
Grandparents shall be consulted on
important family questions but they shall
not interfere in the exercise of parental
authority by the parents.

LIABILITIES OF THE PARENTS
• Parents and guardians are responsible for the
damage caused by the child under their
parental authority in accordance with the Civil
Code.
• Criminal liability shall attach to any parent
who:
• 1. Conceals or abandons the child with intent
to make such child lose his civil status.
• 2.
Abandons
the
child
under
such
circumstances as to deprive him of the love,
care and protection he needs.

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.
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.
9. Inflicts cruel and unusual punishment upon
the child or deliberately subjects him to
indignation and other excessive chastisements
that embarrasses or humiliate him.

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ABSENCE OR DEATH OF PARENTS
Grandparents and in their default, the
oldest brother or sister who is at least eighteen
years of age, or the relative who has actual
custody of the child, shall exercise parental
authority in case of absence or death of both
parents, unless a guardian has been appointed in
accordance with the succeeding provision.
GUARDIAN
The court may, upon the death of the
parents and in the cases mentioned in Arts. 328
to 332 of the Civil Code, appoint a guardian for
the person and property of the child, on petition of
any relative or friend of the family or the
Department of Social Welfare.

3. Sells or abandons the child to another
person for valuable consideration.
4. Neglects the child by not giving him the
education which the family's station in life and
financial conditions permit.
5. Fails or refuses, without justifiable grounds,
to enroll the child as required by Article 72.
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.

10. Causes or encourages the child to lead an
immoral or dissolute life.
11. Permits the child to possess, handle or
carry a deadly weapon, regardless of its
ownership.
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.

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"Parents" as here used shall include the
guardian and the head of the institution or
foster home which has custody of the child.
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

**Children below fifteen (15) years of age shall
not be employed except:

a. When a child works directly under the
sole responsibility of his parents or legal
custodian and where only members of
the employer’s family are employed.
Provided however, that his employment
neither endangers his life, safety, health
and morals, nor impair his moral
development. The parent or legal
guardian shall provide that said child
with the prescribed primary and/or
secondary education.

In addition, the following requirements in all
instances are strictly complied with:
1. The employer shall ensure the protection,
health, safety, morals and normal
development of the child.
2. The employer institute measures to
prevent the child’s exploitation or
discrimination taking into account the
system and level of remuneration and the
duration and arrangement of working hours
3. The employer shall implement, subject to
the approval and supervision of competent
authorities, a continuing program for
training and skills acquisition of the child.

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Republic Act 7658
known as an Act Prohibiting the
Employment of Children below 15
years of age in Public and Private
Undertakings. This law was approved
on November 9, 1993 and took effect
on November 24, 1993. This law
specifically emended Section 12,
Article VIII of RA 7610.

• b. Where a child’s employment or
participation in public entertainment or
information through cinema, theater,
radio or television is essential but the
employment contract is concluded by
the child’s parent or legal guardian, with
the express agreement of the child
concerned, and if possible the approval
of Department of Labor and
Employment (DOLE).

**If the above exceptional
cases where any such child may
be employed, the employer shall
first secure, before engaging the
child, a work permit from the
Department of labor and
Employment which ensure
observance of the above
requirements.

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Republic Act 8369

known as the Family Court
Act of 1997. This is an Act
establishing Family Courts,
granting them exclusive
original jurisdiction over
child and family cases.

2. Petitions for guardianship, custody of
children, habeas corpus in relation to the
latter;
3. Petitions for adoption of children and
the revocation thereof;
4. Complaints for annulment of marriage,
declaration of nullity of marriage and
those relating to marital status and
property relations of husband and wife
or those living together under different
status and agreements, and petitions
for dissolutions of conjugal partnership
in gains;

8. Petitions for the constitution of the
family home;
9. Cases against minor cognizable under
Dangerous Drugs Act as amended;
10. Violations of RA 7610, otherwise
known as the Special Protection of
Children Against Child Abuse ,
Exploitation and Discrimination Act as
amended by RA 7658; and

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Jurisdiction of Family Courts

The Family Courts shall have the exclusive
original jurisdiction to hear and decide the
following cases:
1. Criminal cases where one or more of the
accused is below 18 years of age but not less
than 9 years of age, or where one or more of
the victims is a minor at the time of the
commission of the offense. Provided, that if
the minor is found guilty, the court shall
promulgate sentence and ascertain any civil
liability which the accused may have incurred.
The sentence, however, shall be suspended
without need of application pursuant to PD
603 otherwise known as the Child and Youth
Welfare Code.

5. Petitions for support and or
acknowledgment;
6. Summary judicial proceedings brought
under the provisions of Executive Order
209 otherwise known as the Family Code
of the Philippines;
7. Petitions for declarations of status of
children as abandoned, dependent or
neglected children, petitions for
voluntary and involuntary commitment
of children, the suspension and
termination or restoration of parental
authority and other cases cognizable
under PD 603, EO 56 (series of 1986),
and other elated laws;

11. Cases of Domestic violence against:
a. Women – which are acts of gender based
violence that result, or are likely to result
in physical, sexual or psychological harm or
suffering to women, and other forms of
physical abuse such as battering or threats
or coercion which violate a woman’s
personhood, integrity and freedom of
movement; and
b. Children – which include the commission of
all forms of abuse, neglect, cruelty,
exploitation, violence, and discrimination
and all other conditions prejudicial to their
development.

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Instances when Family Court may Issue
special Provisional Remedies
1. In cases of violence among immediate family
members living in the same domicile or
household, the Family Court may issue a
restraining order against the accused or
defendant upon a verified application by the
complainant or the victim for relief from
abuse.
2. The court may order the temporary custody
of children in all civil actions for their
custody. The court may also order support
pendente lite, including deduction from the
salary and use of conjugal home and other
properties in all civil actions for support.

Appeals
Decisions and orders of the courts shall be
appealed in the same manner and subject to
the same conditions as appeals from the
ordinary Regional Trial Courts.
Absence of Family Courts
The court that shall hear and decide cases
falling under the jurisdiction of Family Courts
in those places where the said court has not
been established is the Regional Trial Court of
the place where the case is pending.

Republic Act 9344:
Juvenile Justice Welfare Act of 2006

CICL Rules in Relation to RA 9344
By: Atty. Debbie G. Dulay
Public Attorney II
PAO-CAR

Effectivity: May 20, 2006
IRR: September 19, 2006
Rule on Juveniles in Conflict with the Law became
effective on April 15, 2002

INITIAL CONTACT
• Refers to the apprehension or taking into
custody of a CICL by law enforcement officers
or private citizens
• Includes the time when CICL receives a
subpoena or summons from the prosecutor’s
office

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PROCEDURE
• A private citizen who has taken into custody or
apprehended a CICL must immediately refer
the child to the law enforcement officer for
proper investigation

Procedure…
• Explain the ff: (in a language understood by
him)
– Reason for apprehension
– Crime allegedly committed
– Constitutional rights

• Determine immediately the age of the child
• Take the child immediately for a thorough
physical and mental examination

• FOR TAKING A CICL INTO CUSTODY:
• Identify him/herself as a law enforcer to the
CICL (present proper identification)
• Immediately notify child’s parents/guardians,
LSWDO, PAO of child’s apprehension not later
than 8 hours

Procedure…
• Turn over custody of the child to the LSWDO or accredited
NGO immediately but not later than 8 hours
• If child is below age of criminal responsibility, immediately
release the child to his/her parents
– The turnover of children below the age of criminal responsibility
to parents notwithstanding, the law enforcement officer shall
proceed with the initial investigation, where appropriate.

• A CICL shall only be searched by a law enforcement officer of
the same gender

INITIAL INVESTIGATION

Initial Investigation…

• the stage after initial contact when the law
enforcement officer takes the statement of
the CICL.
• To be conducted by a law enforcement officer
from the Women and Children Protection Desk

• Child’s statement during investigation, conducted in the
presence of counsel of choice or PAO lawyer,
parents/guardian/nearest relative, LSWDO.

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• In the absence of parents/guardian/nearest relative &
LSWDO, investigation in the presence of an NGO rep.
Or faith-based group or a member of the BCPC

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HOW CICL’S STATEMENT TAKEN
• Friendly & non-intimidating manner
• In a separate interview room
– To make child feel comfortable and freely express
himself
• Use of simple and understandable language

Initial Investigation…
• The written statement to be prepared
shall reflect the language used by the
child and not the language used by the
law enforcement officer.

Initial Investigation…
• Allow the LSWDO, or the persons taking his/her place
as above enumerated, to actively assist in conducting
the initial investigation.
• Ensure privacy to avoid unnecessary interruptions,
distractions and/or participation from non-parties
that could humiliate or make the child
uncomfortable.

SIGNING OF STATEMENTS
– all statements signed or thumbmarked by the
child during investigation
– shall be witnessed by the child’s parents or
guardian, the LSWDO, or if not present, any other
social worker, or counsel in attendance, who shall
affix his/her signature to the said statement.

After signing...

After signing…

• Afterwards, refer the child who is above
fifteen (15) years of age but below eighteen
(18) years of age to the LSWDO for an
assessment if the child acted with discernment

• Transmit the following records of the child to the
LSWDO:
– Written statement of the child;
– Other pertinent records such as the documents
showing the basis for the determination of the age
of the child;
– Medical report if available; and
– All other records that may assist the LSWDO in
making an assessment if the child acted with
discernment.

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DISCERNMENT
• By the LSWDO at initial investigation by law
enforcement
• By Court who shall make a final determination
• To be proven by the prosecution

DETERMINATION OF AGE
• Presumption of Minority/ has rights of CICL until
proven 18 years old or older
• Birth certificate, baptismal certificate, other pertinent
documents (school records)
• In the absence: Information from child, physical
appearance, testimonies of other persons or other
relevant evidence

WHERE THE CASE SHALL BE REFERRED
• The LSWDO for intervention
• if the child is Fifteen (15) years old or below; or
• Above 15 but below 18 years of age and acted without
discernment.

• Diversion under the:
– Law enforcement officer
– LSWDO

• The prosecutor or judge

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On Discernment…
• The LSWDO shall, as part of the initial investigation,
assess if the child acted with discernment and make the
necessary recommendation to the law enforcement
officer on the basis of said assessment.
• The law enforcement officer shall consider the
assessment made by the LSWDO in preparing the report
of the initial investigation and in deciding where to refer
the case of the child.

REPORT ON INITIAL INVESTIGATION
• Record the ff:
– Use of handcuffs, Instruments of restraint / Notice
to Parents, DSWD, PAO / Measures taken to
determine age / Ensure statements signed by child
witnessed by Parents, Guardian, Social Worker, or
Legal Counsel / Search on child conducted by
officer of same gender

TURNOVER OF CUSTODY
• Within eight (8) hours from apprehension
• Turn over the physical custody of the child to
the LSWDO
• even if all measures to determine the age of
the child has not been exhausted
• even if the initial investigation has not yet
been terminated.

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On Turnover…

On Turnover…

• The LSWDO shall then 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

• In the event a child whose custody is turned over by
the law enforcement officer is fifteen (15) years old
or below, the LSWDO shall take all measures to
release the child to the parents or guardians, or to
any of the persons or organizations and proceed with
the development of appropriate programs

PENDING TURNOVER OF CUSTODY

MAINTAIN CONFIDENTIALITY AND
PRIVACY

• as in cases when the child is apprehended at
night time or during weekends
• ensure that the child shall be temporarily
secured in an area separate from that of the
opposite sex and adult offenders and not put
in the detention cell or jail

On Confidentiality…
• Keep the results of the medical examination
confidential; and
• Mark the records of the child and the report
on the initial investigation as confidential.

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• Use a system of coding
• Maintain a separate logbook for CICL
• Exclude the public, particularly the media,
from the area where the child is being held in
custody
• Not provide any detail or information to the
public, particularly the media, that shall lead
to the identity of the child;

PROHIBITED ACTS WHEN IN CUSTODY
OF CHILD
• Detention
• Search by an officer of the opposite sex
• Contact with adult offenders and offenders of
opposite sex
• Vulgar language
• Display and use of instruments of force or
restraint
• Violence or unnecessary force

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INTERVENTION PROGRAM
• A series of activities designed to address issues
that caused the child to commit an offense
• The JJWC shall develop a 3 to 5-year National
Intervention Program
• The LGUs shall develop a 3-year Local
Intervention Program

WHO SHALL UNDERGO INTERVENTION?
• Children who are exempt from Criminal Responsibility
– 15 years old and below
– Above 15 but less than 18 yrs. old who acted without
discernment
– Those who committed status offenses

• Not exempt from civil liability which is borne by parents

Procedure
• Below 15 taken into custody, Authority with initial
contact to a child below 15 years old must immediately
release him/her to parents, BCPC, LSWDO
• With Notice to LSWDO to determine appropriate
programs with child, parents
if D-A-N (dysfunctional family, abandoned, neglected),
• Child does not comply with intervention, LSWDO files for
Involuntary Commitment

DIVERSION
• An alternative, child-appropriate process of
determining the responsibility and treatment
of a CICL
• Based on his/her social, cultural, economic,
psychological or educational background
• WITHOUT resorting to formal court
proceedings

WHO UNDERGOES DIVERSION?
• CICL above fifteen (15) years but below
eighteen (18) years of age who acted with
discernment
• Children who are 15 years old and below who
allegedly committed an offense
• Diversion is the same as Tertiary Intervention

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VENUES OF DIVERSION
• Barangay, Police, Prosecutor Level
– If offense has imposable penalty of not more than
six (6) years of imprisonment

• Court
– If the imposable penalty of more than six (6) years
of imprisonment

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KATARUNGAN PAMBARANGAY LEVEL
• Conducted by the Lupon Tagapamayapa, chaired by
the Punong Barangay, with the assistance of the
members of the BCPC
• Punong Barangay shall conduct mediation / family
conferencing / conciliation / adopt indigenous
modes of conflict resolution

Barangay Level…
• Absence of the offended party or his/her
disagreement in its conduct shall not prevent the
proceedings from being conducted.
• The Punong Barangay shall, however, endeavor to
obtain the participation and the consent of the
offended party in the formulation of the diversion
program.

Barangay Level…

Contract of Diversion

• Objectives: restorative justice / formulation of
a diversion program

• Child voluntarily admits commission of the act

• Child and his/her family shall be present in the
conduct of these diversion proceedings
• Offended party may participate in the
diversion proceedings

Diversion Program
• must be in writing signed by parties &
concerned authorities
• Local Social Welfare Officer
implements/supervises the Diversion Program
• Diversion proceedings to be completed in 45
days

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• Victim and offender must both agree to
diversion

On Diversion Program…
• Child must present himself/herself at least
once a month for reporting & evaluation
• Failure to comply w/ the terms and conditions
of DP as certified by the LSWDO, victim has
the option to institute appropriate legal action

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Kinds of Diversion Program

Formulation of the Diversion Program
• An individualized treatment
• Consider the following factors:
– Child’s feelings of remorse for the offense he/she committed
– Parents’ or legal guardians’ ability to guide and supervise the
child
– Victim’s view about the propriety of the measures to be
imposed, and
– Availability of community-based programs for rehabilitation and
reintegration of the child

Barangay Level…
– Participation in available community-based
programs including community service
– Participation in education, vocation and life skills
programs

COURT LEVEL
• Court
– Diversion programs previously specified
– Written or oral reprimand or citation
– Fine
– Payment of cost of the proceedings
– Institutional care and custody

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• Level of Punong Barangay
–
–
–
–
–

Restitution of property
Reparation of the damage caused
Indemnification for consequential damages
Written or oral apology
Care, guidance and supervision ordersCounseling for the CICL
and the child’s family
– Attendance in trainings, seminar and lectures on: anger
management skills, problem solving and/or conflict resolution
skills, values formation, other skills in dealing w/ situations
which can lead to repetition

LAW ENFORCEMENT & PROSECUTION LEVEL

• Law Enforcement Officer & Prosecutor:
– Diversion programs previously specified
– Confiscation and forfeiture of the proceeds or
instruments of the crime

Conditions for Diversion
• Children’s rights and legal safeguards in
general must always be fully respected
• Victims and offenders must both agree to
diversion
• The case must be referred to a normal court
system if no solution acceptable to all parties
can be reached

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Potential Risks
• Risks are related to the child’s right to due
process and fair trial
• Child might be pressured into owning up to the
offense at the expense of his/her right to
remain silent

Benefits of Diversion
• CICL is able to avoid the stigma and label
associated with a criminal record
• Through diversion, a child may gain insight
into the consequences of his/her actions and
take responsibility for them
• Diversion programs offer the youth
opportunities to develop important social skills

PROSECUTION
• Families are able to strengthen relationships with the
youth through improved communication skills
• Court system – reduced case loads and increased
efficiency and lowered costs
• Communities benefit as young people understand their
role in the community and develop positive attitudes
• Many non-formal justice options are cheaper than court
procedures; imprisonment is costly

Preliminary Investigation:
• Prosecutor Investigates Torture, ILL–treatment
• Preliminary Investigation conducted: If child
does not qualify for diversion / child parents
do not agree to Diversion / Prosecutor
determines Diversion not appropriate
considering assessment, recommendation of
SW

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• Specially Trained for Inquest, preliminary
investigation / Prosecution / Notify PAO /
Clarificatory Questions Necessary / Determine
if CICL remains in custody and Probable cause
– file Information with the FC within 45 days
from start of PI

COURT PROCEEDINGS
• Apply privileged mitigating circumstance of
Minority to fix, Reduce Bail
• If child detained: ROR, Bail, Transfer to Youth
Home, Rehabilitation Center /
Institutionalization Last Resort, for Shortest
Period / No detention of child in jail pending
trial

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WHEN CICL FOUND GUILTY
• Determine Civil Liability
• Instead of pronouncing judgment of
conviction, automatic suspension of sentence ‘
full credit of time in detention, actual
confinement / other disposition measures
under SC Rule on JICL

CONFIDENTIALITY OF RECORDS,
PROCEEDINGS
• Non-disclosure of records to media / separate
police blotter / coding to conceal identity /
non-use of records in other proceedings except
beneficial to CICL with written consent / no
liability of child for perjury not disclosing being
CICL

DISCHARGE
• On recommendation of SW with custody of
Child,
• Court dismisses Case, Orders Final Discharge
of CICL if Objectives of disposition measures
fulfilled
• Discharge not affect civil liability enforced in
accordance with law

Rehabilitation
• Community-based, Center-based
• Court Order, hearing required for admission
• Gender Sensitivity Training for Personnel

Return to Court for Execution of
Judgment
• Separate Facilities from Adults
– Competency, Life Skills Development / sociocultural, Recreational Activities / Community
Volunteer Projects / Leadership Training
– Special Attention for female CICL (All-Female
Team) Separate from male
– Social, Home Life, Health Services / Spiritual
Enrichment / Community, Family Welfare Services

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– For failure to comply with disposition,
rehabilitation conditions
– CICL reached 18 under suspended sentence:
Court orders discharge, execute sentence, extend
rehabilitation until maximum of 21 years old

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CENTERS (24-HOUR GROUP CARE)
– Youth Rehabilitation / Training Centers (must have
registers) – established by DSWD
– Youth Detention Homes – by LGUs or Licensed,
Accredited NGOs
– Sharing of Costs (1/3 Municipal – Provincial –
National) For Care, Maintenance of CICL

AFTERCARE
• CICLs whose cases were dismissed due to good
behavior as recommended by SW
• Discharge from rehabilitation center
• Provided aftercare for at least 6 months by
LSWDO

• Person whose penalty of death reduced to
Reclusion Perpetua under RA 9346 is still liable
for P75T civil indemnity but is not Eligible for
Parole under the Indeterminate Sentence Law
(Pp. vs. Salome, G.R. No. 169077, 31 August
2006)

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COMMUNITY-BASED PROGRAMS
(DIRECT SERVICE)
– Prevents Disruption of education, separation of
child from family
– Facilitates Rehabilitation and Reintegration
– To minimize stigma to child
– Each LGU to establish program

JURISPRUDENCE
• Automatic Suspension of service of sentence
does not apply when penalty is reclusion
perpetua, life imprisonment or death
(Declarador v. Hon. Gubaton, GR No. 159208, 18
Aug. 2006)

THANK YOU!

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REPUBLIC ACT NO. 10630
AN ACT STRENGTHENING THE
JUVENILE JUSTICE SYSTEM IN THE
PHILIPPINES, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9344,
OTHERWISE KNOWN AS THE “JUVENILE
JUSTICE AND WELFARE ACT OF 2006”
AND APPROPRIATING FUNDS THEREFOR

“A multi-disciplinary team composed
of a social worker, a psychologist/mental
health professional, 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.

and shall be mandatorily placed in a special
facility within the youth care faculty or ‘Bahay
Pag-asa’ called the Intensive Juvenile
Intervention and Support Center (IJISC).

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• Bahay Pag-asa’ – refers to a 24-hour childcaring 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 fifteen (15) but below
eighteen (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. This will cater to children in conflict
with the law in accordance with Sections 20,
20-A and 20-B hereof.

•Serious Crimes Committed by Children Who
Are Exempt From Criminal Responsibility. – A
child who is above twelve (12) years of age up
to fifteen (15) years of age and who commits
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, shall be deemed a
neglected child under Presidential Decree No.
603, as amended,

Repetition of Offenses. – A child who is above
twelve (12) years of age up to fifteen (15) years
of age and who commits an offense for the
second time or oftener: Provided, That the
child was previously subjected to a
community-based intervention program, shall
be deemed a neglected child under
Presidential Decree No. 603, as amended, and
shall undergo an intensive intervention
program supervised by the local social welfare
and development officer:

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Provided, further, That, if the best interest of
the child requires that he/she be placed in a
youth care facility or ‘Bahay Pag-asa’, the
child’s parents or guardians shall execute a
written authorization for the voluntary
commitment
of
the
child:
Provided,
finally, That if the child has no parents or
guardians or if they refuse or fail to execute
the written authorization for voluntary
commitment, the proper petition for
involuntary
commitment
shall
be
immediately filed by the DSWD or the
LSWDO pursuant to Presidential Decree No.
603, as amended.”

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.
“As used in this Act, ‘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.

Violations of Local Ordinances. – Ordinances
enacted by local governments concerning juvenile
status offenses such as, but not limited to, curfew
violations, truancy, parental disobedience, antismoking 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.

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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.”

“A court exercising jurisdiction over a child
in conflict with the law may require the
attendance of one or both parents of the
child at the place where the proceedings
are to be conducted.
“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.”

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 parents. Appropriate
intervention programs shall be provided for
in such ordinances. 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.”

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