Juvenile Delinquency and Juvenile Justice System

Part One: Introduction to Juvenile Delinquency

Early Codes on Juvenile Delinquency

1. Code of Hammurabi

Oldest known code for thousand years ago dates from 2270 B.C. The code discussed runaway’s
children who disowned their parents and sons who cursed their father are severely being
punished.

2. Roman law and Canon (Church) Law

Approximately two thousand years ago, this law made a distinction between juveniles and
adults based on the notion “age of responsibility”.

Children came to be classified as “infans” or “proximus infantiae.” In general, “infans” were

not held criminally responsible, but those approaching puberty who knew the difference
between right and wrong were held accountable. For much of Roman history, “infantia”
meant the inability to speak, but in the fifth century A.D., this age is fixed at seven years and
children under that ages were exempt from criminal liability. The legal age of puberty was
fixed at fourteen for boys and twelve for girls: youth above these ages were held criminally
liable. For children between the ages seven and puberty, liability was based on their
capacity to understand the difference between right and wrong.

3. 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. No capital punishment is to be imposed
on those offenders less than twenty years of age. Similar leniency was found among Moslems,
where children under the age of seventeen were typically exempt from the death penalty.

4. Anglo Saxon Common Law (Law based on Custom or Usage)

The distinction made between adult and juvenile offenders in England at this time are most
significant. Under common law, children under the age of seven were presumed incapable of
forming criminal intent and therefore were not subject to criminal sanctions. Children
between seven and fourteen were not subject to criminal sanctions unless it could be
demonstrated that they had formed criminal intent, understood the consequences of their
actions, and could distinguish right from wrong. Children over fourteen were treated much
the same as adults.

5. Chancery or Equity Courts

This was created by the king of England, under the guidance of King’s chancellor. Chancery
courts were created to consider petitions of those who needed special aid or intervention,
such as woman and children who needed protection and aid because of divorce, the death of
a spouse, or abandonment, and to grant relief to such persons. Through the chancery courts,
1
 Juvenile Delinquency and Juvenile Justice System

the king exercise the right of parens patria (parents of the country) by enabling these courts
to act in loco parentis (in the place of parents) to provide necessary services for the benefit
of women and children. In other words, the king, as ruler of his country, was to assume
responsibility for all those under his rule, to provide parental care for children who had no
parents, and to assist women who required aid for any of the reasons mentioned above.

Although chancery courts did not normally deal with youthful offenders, they did deal with
dependent or neglected youth as do juvenile courts in the United States today. The principle
of parens patriae later became central to development of juvenile court in America.

6. Statute of Artificers (1562)

Statute of Artificers stated that children of paupers could be involuntarily separated from
their parents and apprenticed to others.

7. Poor Law Act of 1601

This law provides for involuntary separation of children from their impoverished parents, and
these children were then placed in bondage to local residents as apprentices.

NOTE: Statute of Artificers and Poor Law Act of 1601 were placed in bondage to local
residents as apprentices.

Pope Clement XI

In Rome (1704), Pope Clement XI 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.

Robert Young

In 1788, Robert Young established the first private and 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.

Kingwood Reformatory

This was established for the confinement of the “hordes of unruly children who infested the
streets of new industrial towns” of England.

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.

a. 1899- The first Juvenile or “family” court was established in Cook County Illinois.
b. 1899 – 1967- This has been referred to as the era of “socialized juvenile justice”.

2
 Juvenile Delinquency and Juvenile Justice System

Juvenile Delinquency Concepts

Juvenile Delinquency is an anti-social behaviour or act which does not conform to the
standards of society. It is a youth behaviour which is against the norms and regulations of
society which if left unchecked would give rise to criminality.

Juvenile Delinquency describes a large number of disapproved behaviour of children or

youth. It is an anti-social acts or behaviour of children which deviates from the normal
pattern of rules and regulations, custom and culture which society does not accept and which
therefore justify some kind of admonition, punishment or corrective measures in the public
interest.

Note: Anti-social behaviour is characterized by disobedience to, or disrespect for,

authorities.

Terms Relative to the Study of Juvenile Delinquency

Delinquent

Delinquent is one whose behaviour has brought him into repeated conflict with the law
regardless whether he has been taken before a court and adjudged as delinquent. It is a
person who has committed an offense that violated the approved norms of conduct and is
guilty of a misdeed.

Juvenile

Juvenile is a person below the age of majority, that is, below eighteen years old. That refers
to a child or a young person, who, under the legal system may be dealt with for an offense in
a manner different from that of an adult. The age of majority commences at the age of
eighteen (18) years old. Under Republic Act No. 6809 approved on December 13, 1989, the
law amending the age of majority and lowered to eighteen (18) from the age of twenty-one
(21) years old.

Emancipation

Emancipation is the freedom from parental authority, both over his person and property,
happens upon reaching the age of eighteen years old.

Status Offense

Status Offense is acts or omissions which may not be punishable socially or legally if
committed by adults but become anti-social or illegal because the offender is a minor. Any
conduct not considered an offense or not penalized if committed by an adult shall not be
considered an offense and shall not be punished if committed by a child. (Sec. 11, RA 10630)

Examples of Status Offenses:

1. truancy, or frequent, unreasonable absenteeism from school, use of profane language

3
 Juvenile Delinquency and Juvenile Justice System

2. running away from home

3. smoking and drinking alcoholic beverages
4. disobedience to parents, guardians or school officials
5. mendicancy or begging in the streets
6. association with delinquent gangs
7. violations of curfew

4
 Juvenile Delinquency and Juvenile Justice System

Part Two: Theories of Delinquency

August Aichorn

“Crime and delinquency are the result of faulty development of the child during the
first few years of his life. The child losses control and suffer from faulty ego
development and become delinquent.”

Healy

“Delinquency is an expression of the mental content of an individual. Frustration of

the individual causes emotional discomfort. Personality demands removal of the pain
and the pain is eliminated by substitute behaviour, which is the delinquency of the
individual”

Philip Bromberg

“Criminality and delinquency are the result of emotional immaturity. An emotionally

immature person will rebel against rules and regulations and tend to engage in
unusual activities. Experience a feeling of guilt due to inferiority complex”.

What is Theory?

Theory is a set of interrelated propositions that attempt to described, explain, predict, and
ultimately control some classes of events. It gains explanatory power from inherent logical
consistency and is “tested” by how will it describes and predicts reality.

Different Theories in the Study of Juvenile Delinquency

1. Biogenic Approach gives an explanation that law violations and delinquency are a
result of some physical defects.
2. Psychogenic Approach argues that the critical factors in delinquency are personality
problems to which misbehaviour is presumed to be the response.
3. Sociogenic Approach attributes delinquency pattern to social structures. It views
youthful misdeed as a result of a learning process.

Rational Choice Theory

Rational Choice Theory based on the classical school of criminology that views an individual
as having freewill in choosing his actions that he calculates what he will gain or lose if he
commits an act. It views the delinquent as a motivated offender who breaks the law because
he or she perceives an abundance of benefits and an absence of threat.

Biosocial or Traits Theories

Biosocial or Traits Theories based on the view that both thought and behaviour have
biological and social bases. It is the contemporary explanation of the biogenic approach and
has three sub-theories:

5
 Juvenile Delinquency and Juvenile Justice System

A. Biochemical- views that crime and delinquency, especially violence, are the result of
diet, vitamin intake, hormonal imbalance and other biological causes.
B. Neurological- explains that crime and delinquency occur because the individual
suffers from brain impairment or abnormality in the structure of the brain. Learning
disabilities such as attention deficit/hyperactive disorder and minimum brain
dysfunction are related to antisocial behaviour.
C. Genetics- explains that delinquent traits and predisposition to criminality are
inherited from parents. Criminality of parents can predict delinquency of children.
This is supported by research on twin studies and adoption studies

Psychological Theories views delinquency as a result of emotional and mental disturbance of

the individual. It is contemporary explanation of the psychogenic approach and has three sub-
theories:

A. Psychodynamic- based on the psychoanalytic theory of Sigmund Freud. Delinquency is

the result of the imbalance of the three components of personality: id, ego and
superego. This further contends that delinquency is the product of the abnormal
personality structure formed in early life and which thereafter controls human
behaviour choices.
B. Behavioural- believes that individuals learn by observing how people react to their
behaviour. Behaviour is reinforced by some positive reaction, and behaviour is
extinguished if punished. Misbehaviour of children if left unchecked will persist until
adolescence.
C. Cognitive- views that delinquency is a result of the faulty perception and analysis of
data of an individual. Delinquency-prone adolescents may have cognitive deficits and
use information incorrectly when they make decisions.

Sociological Theories views delinquency as a product of different social factors and

dynamics. It has four groups of theories which in turn contain several sub-theories:

A. Social structure theories- hold that delinquency is a function of a person’s place in

the economic structure.
B. Social process theories- view delinquency as a result of poor or faulty socialization or
upbringing.
C. Social reaction theories- view delinquent acts and criminality as products of stigma
and labelling.
D. Social control theories- maintain that everyone has the potential to become a
criminal but most people are controlled by their bonds to society.

Early Theories of Delinquency

Demonological Theory

This theory was based on the belief of primitive people that every object and person is guided
by a spirit. This promoted the notion that persons should not be held responsible for their
actions when they do evil things because their body is possessed by evil spirits.

6
 Juvenile Delinquency and Juvenile Justice System

Classical Theory (Beccaria and Bentham)

This was based on the assumption that people are rational, have free will, and therefore able
to choose. It promoted the idea that people choose criminality the same way when they
choose conformity, the youths commit crime because they earned through conformity. This is
because people by nature are hedonistic.

Hedonism is a doctrine that pleasure is the highest good in life and that moral duty is fulfilled
through the pursuit of pleasure.

Utilitarianism is a doctrine which states that some kind of rational estimation of the
outcome is made and the action is taken to maximize the greatest good (happiness) for the
greatest number of people.

Neo-Classical Classical Theory

It emerges between 1880 and 1920 and is still with us today applied in most penal law as
either exempting or extenuating circumstances. This theory maintained that while classical
school is correct in general; it should be modified in certain details, since children and
lunatics cannot calculate pleasure and pain, they should be not regarded as criminals and
therefore excused from punishment. It challenges the proposition that man has absolute
freewill to choose between good and evil and states that it is not absolute as presumed to be,
because freewill can be diminished by pathology, mental disorders and other conditions that
may instigate personal responsibility.

Positivist Theory (Lombroso, Ferri and Garofalo)

Positivist believed that the causes of juvenile delinquency could be identified through the
application of the scientific method. Once causes were discovered, the individual offender
could be treated (or rehabilitated) much as the medical doctors treat the causes of harmful
illness. This theory promoted the idea of determinism as a way of explaining delinquency.
Positivist theory blames delinquency on biological, psychological and sociological factors.

Determinism means every act has a cause that is waiting to be discovered in the natural
world.

Critical Theory

This theory blames delinquency on the imbalance power within the human society. Powerful
people consciously or unconsciously create rules that favour their lifestyle. Criminal
behaviour may reflect therefore the consensual reality held by powerful people.

Powerless people, on the other hand, have very few opportunities to express their social and
political views. Hence, in order to express or to show dissatisfaction or disapproval with the
policies made by powerful people, they attempt to commit serious acts which powerful
people consider as crime or delinquent acts.

A. Biological Theories of Delinquency

7
 Juvenile Delinquency and Juvenile Justice System

These theories claimed that criminal behaviour is a result of biological or genetic defect in
the individual. Contemporary biological theories focus more on variations in genetic and other
biological factors in interaction with the environment, and are less likely to refer to biological
defects or abnormalities.

A1. Theory of Atavism

This theory asserts that delinquents are a lower form of life, nearer to their apelike ancestors
than non-criminals in traits and dispositions.

Basic Assumptions:

1. Delinquents have many stigmata, such as; symmetrical faces, enormous jaws, large or
protruding ears, and receding chins.
2. Delinquents are atavistic beings who look differently and think differently. Having the
mentality of primitive people, they are incapable of living in modern society.
3. Delinquents are classified as epileptic, insane and inborn.

A2. General Inferiority Theory (Earnest Hooton)

Basic Assumptions:

1. Crime is the result of the impact of environment upon low-grade human organisms and
that criminals/delinquents were originally inferior people.
2. Crimes exist because there are some inferior people who are responsible for them.

A3. Somatotyping Theory (William Sheldon)

This theory was based on the idea that body type affects a person's entire personality or
temperament.

1. Endomorphs- people who tend to be fat, round and soft, and to have short arms and
legs.
2. Mesomorphs- people who have athletic and muscular physique; with active, assertive
and aggressive personality.
3. Ectomorphs- people who are basically skinny with lean and fragile.

A4. Genetic Theory

Basic Assumptions:

1. Crime and delinquency are committed by people who have abnormal genetic structure
or chromosomal abnormalities.
2. DNA is the transmitter of genetic materials (genes).
3. An extra Y chromosome is responsible for aggressiveness and thus, criminal activity.
Men with extra Y chromosomes are taller and have a 10 to 20% greater tendency to
break the law than genetically normal XY males.

8
 Juvenile Delinquency and Juvenile Justice System

B. Psychological Theories of Delinquency

This Theory assumes that delinquency is a result of internal underlying disturbances. These
disturbances develop in childhood and tend to become permanent features of the individual
character. Since the individual has problems, he or she must be the focus of attention if the
problem is to be solved.

B1. Psychoanalytic Theory (Sigmund Freud)

Four Elements of Freud's Theory:

1. Human nature is inherently anti-social. Every child possesses a set of primitive anti-
social instincts that Freud called the ID.
2. Good behaviour comes through effective socialization. Through socialization, the child
learns internal control.
3. The lifelong features of the human personality originate in early childhood. By the age
of 5, all the essential features of the child adult personality have been developed.
4. Delinquent behaviour is the result of a defective superego.

Three parts of Human Psyche (Personality)

1. ID- the unconscious portion of personality dominated by the drive (cravings) for
pleasure and by inborn sexual and aggressive impulse. If left unchecked it may destroy
a person. It operates based on pleasure principle.
2. Ego- the rational part of the personality. It represents problem solving dimensions of
personality. Operates based on reality principle.
3. Superego- It represents the moral code, norms and values the individual has acquired.
Hence, it is responsible for feelings of guilt and shame.

If the parts of the human psyche co-exist in a unified and harmonious way, the person is
mentally healthy. But, when the parts come into conflict, the person is maladjusted and
there is a high probability that he will commit delinquent acts.

B2. Low-IQ Theory

Basic Assumptions:

1. People with low intelligence are easily led into law-breaking activities by the wiles of
more clever people.
2. People with low intelligence are unable to realize that committing offenses in a
certain way often leads to getting caught and eventual punishment.

B3. Attention-Deficit Hyperactivity Theory

Basic Assumptions:

1. Juvenile Delinquency is caused by immaturity and hyperactivity.

9
 Juvenile Delinquency and Juvenile Justice System

2. Grade schoolers usually experience attention-deficit hyperactivity disorder, which is

characterized by:
a. Short attention span
b. Day dreaming
c. Sluggishness
d. Preoccupation
e. Impulsiveness

B4. Frustration-Aggression Theory

This theory claims that people who are frustrated will act aggressively, and people who
engage in aggression are frustrated first.

Frustration refers to the unpleasant feelings that results from the blocking of motive
satisfaction. It is a form of stress, which results in tension. It is the feeling that is
experienced when something interferes with our hopes, wishes, plans and expectations.

Aggression is a behaviour whose goal is to inflict damage or injury on some objects or

persons.

B5. Self-Derogation Theory

This theory proposes that young people become delinquent because they have low self-
esteem or self-derogation. Individuals take actions that will maximize their positive self-
image and minimize their negative self-image, a process known as self-esteem motive.

Factors Integrated into Self-Derogation Theory

1. stress caused by the inability or failure to live up to society's expectations

2. school and family
3. the influenced of deviant friends
4. self-concept

C. Sociological Theories of Delinquency

Sociological theories of delinquency assume that deviant behaviour is determined by his or

her social environment, which includes families, friends, neighbourhoods, and so on.
Explicitly reject the notion of the born criminal because they (criminals) were made. Have
four groups of theories which in turn contain several sub-theories:

1. Social Class or Structure Theories

2. Social Learning Theories
3. Social Process or Reaction Theories
4. Social Control Theories

C1. Social Class or Structure Theories of Delinquencies

10
 Juvenile Delinquency and Juvenile Justice System

Hold that delinquency and crime is a function of a person’s place in the economic structure.
The disadvantaged of economic class position as a primary cause of crime. Suggest that social
and economic forces operating in deteriorated lower-class areas push many of their residents
into criminal behaviour patterns. They consider the existence of unsupervised teenage gangs,
high crime rates, and social disorder in slum areas as major social problems.

C1A. Social Disorganization Theory (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.

Social disorganization focuses on development of high crime areas in which there is

disintegration of conventional values caused by rapid industrialization, increased immigration
and urbanization.

C1B. Anomie Theory (Emile Durkheim)

Anomie is normlessness produced by rapidly shifting moral values, this occurs when personal
goals cannot be achieved using available means. Anomie refers to a breakdown of social
norms and it is a condition where norms no longer control the activities of members in
society. Individuals cannot find their place in society without clear rules to help guide them.
Changing conditions as well as adjustments in life leads to dissatisfaction, conflict, and
deviance.

C1C. Strain Theory (Robert King Merton)

This theory contend that certain classes are denied legitimate access to culturally determined
goals and opportunities and the resulting frustration, results in illegitimate activities or
rejection of the society’s goal. Consequently, these youths may either use deviant methods to
achieve their goals or reject socially accepted goals or substitute deviant ones.

Five Modes of Adaptation:

1. Conformity- the acceptance of a society's goals and its approved means for achieving
those goals.
2. Innovation- represents acceptance of the goals but rejection of the means for
obtaining them.
3. Ritualism- rejection of the goals but acceptance of the means.
4. Retreatism- the rejection of both the goals and the means.
5. Rebellion- rejecting the goals and means of the present society and attempting to
establish a new social order.

Sources of Strain

1. Strain caused by the failure to achieve positively valued goals.

11
 Juvenile Delinquency and Juvenile Justice System

2. Strain caused by the disjunction of expectations and achievements.

3. Strain caused by the removal of positively valued stimuli from the individual.
4. Strain as the presentation of negative stimuli

C1D. Differential Opportunity Theory (Cloward and Ohlin)

Ohlin and Cloward stated that the varying form of delinquent subcultures depended upon the
degree of integration that was present in the community. Delinquent subcultures flourish in
the lower-classes and take particular forms so that the means for illegitimate success are no
more equally distributed than the means for legitimate success. This theory argued that the
types of criminal subcultures depend on the area in which they develop.

Three Types of Delinquent Gangs (Cloward and Ohlin)

1. The Criminal Gang. Emerge in areas where conventional as well as non-conventional

values of behaviour 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.
2. 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.
3. The Retreatist Gang. They are 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.

C1E. Class Conflict Theory (Quinney and Chambliss)

Conflict theory is based upon the view that the fundamental causes of crime are the social
and economic forces operating within the society. The criminal justice system and criminal
law are thought to be operating in behalf of rich and the powerful social elites, with resulting
policies aimed at controlling the poor. The criminal justice establishment aims at imposing
standards of morality and good behaviour created by the powerful in the whole society. In the
process the legal rights of poor folks might be ignored. The middle class are also co-opted;
they side with the elites rather than the poor, thinking they might themselves rise to the top
by supporting the status quo.

C1F. Differential Oppression Theory (Hewitt and Regoli)

This theory 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 behaviours. The more oppressed the child is, the more likely she or he will
become delinquent.

12
 Juvenile Delinquency and Juvenile Justice System

Oppression imports an act of cruelty, severely, unlawful, exaction, domination or excessive

use of authority. The exercise of the unlawful powers or other means, depriving an individual
of his liberty or property against his will.

C1G. Theory of Delinquent Subcultures

This theory contends that the delinquent behaviour of lower-class youths is actually a protest
against the norms and values of middle-class culture. Because social conditions make them
incapable of achieving success legitimately, lower-class youths experience status frustration;
as a result, they joined in gangs and engaged in non-utilitarian, malicious and negativistic
behaviour.

C1H. Culture Deviance Theory

Views delinquent behaviour as expression of conformity to cultural values and norms that are
in opposition to those of larger society:

Basic Assumptions:

It links delinquent acts to the formation of independent subcultures with a unique set of
values that clash with the mainstream culture. Children learn deviant behaviour socially
through exposure to others and modelling of others action. Sub-Culture is group of people
who share a number of values and attitudes in common.

C2. Social Learning Theories of Delinquency

Social Learning Theories states that behaviour is modelled through observation, either
directly through intimate contact with others, or indirectly through media; interactions that
are rewarded are copied, whereas those that are punished are avoided. The family may serve
as training grounds for violence since the child perceive physical punishment as the norm
during conflict situations with others.

C2A. Differential Association Theory (Sutherland)

This theory asserts that criminal behaviour is learned primarily within interpersonal groups
and that youths will become delinquent if definitions they have learned favourable to
violating the law exceed definitions favourable to obeying the law within the group.

C3. Social Process or Reaction Theories of Delinquencies

These theories focus on the criminalization process- the way people react and act are defined
as criminal. It views delinquent acts and criminality as products of stigma and labelling. The
distinguishing feature of all criminals is that they have been the object of a negative social
reaction. These reactions/labels reduce the self-image of the individual. The less personal
power and fewer resources a person has, the greater the chance he or she will become
labelled.

C3A. Labelling Theory

13
 Juvenile Delinquency and Juvenile Justice System

This theory views that youths may violate the law for a variety of reasons, including poor
family relations, peer pressure, psychological abnormality, and pro-delinquent learning
experiences. Regardless of the cause of individuals’ delinquent behaviours are detected, the
offenders will be given a negative label that can follow them throughout life. Labelling is
process of tagging, defining, segregating, emphasizing every trait that are complained of.

C4. Social Control Theories

Maintain that everyone has the potential to become a delinquent but most people are
controlled by their bonds to society (Bonding Theory). These theories try to explain why
people do not become criminal. A person with low self-control is more likely to become
criminal.

Characteristics of person that does not make him delinquents:

1. Attachment to others
2. Belief in moral validity of rules
3. Commitment to achievement
4. Involvement in conventional activities

C4A. Containment Theory

This theory states that there is a containing external social structure which holds individuals
in line and that there is also an internal buffer which protects people against deviation of the
social and legal norms. The two containments act as a defense against deviation from the
legal and social norms, as insulation against pressures and pulls and as a protection against
demoralization and seduction.

Two Types of Containment

1. Outer Containment or (external control)

2. Inner Containment or (internal control)

C4B. Routine Activities Theory

This theory viewed that crime is a normal function of the routine activities of modern living;
offenses can be expected if there is a motivated offender and suitable target that is not
protected by capable guardians. It gives equal weight to the role of both the victim and the
offender in the crime process. Criminal opportunity is significantly influenced by the victim’s
lifestyle and behaviour; the greater the opportunity for criminals and victims to interact, the
greater the probability of crime.

Factors Affecting Routine Activities Theory:

1. Lack of Capable Guardian

2. Suitable Target
3. Motivated Offenders

14
 Juvenile Delinquency and Juvenile Justice System

C4C. Drift Theory (Neutralization Theory) (Matza and Sykes)

Neutralization Theory or Drift Theory 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. When it is not in place, delinquents will drift.

Drift is a process by which an individual moves from one behavioural extreme to another,
behaving sometimes in an unconventional manner and at other times with constraint.

Five Techniques of Neutralization

1. denial of responsibility
2. denial of injury
3. denial of victim
4. condemnation of the condemners
5. appeal to higher authorities

Drift Theory's Theoretical Model:

1. delinquents express guilt over their illegal acts

2. delinquents frequently respect and admire honest, law-abiding individuals
3. a line is drawn between those they can victimize and those they cannot
4. delinquents are not immune from the demands of conformity

15
 Juvenile Delinquency and Juvenile Justice System

Part Three: Contributory Factors to Delinquency

A. Family

Family is the first and most basic institution of society responsible for developing the child’s
potential in all its aspects like physical, emotional, spiritual, moral, intellectual and social.
It teaches and develops the child to learn, to curb his desires and to accept rules that define
the time, place and circumstances under which highly personal needs may be satisfied in
socially acceptable ways.

Types of Family Structures

1. Nuclear Family: consists of father, mother and children.

2. Extended Family: consists of father, mother, children, grandparents, uncles and
aunts, cousins, nephews and nieces, and in-laws.

The Ideal Family Home

1. Structural Completeness- presence of both father and mother

2. Economic Security- capability to provide for the basic needs and wants
3. Cultural Conformity- typical family beliefs and practices
4. Moral Conformity- moral uprightness, Christian way of living
5. Physical and Psychological normalcy
6. Emotional Adequacy- affection, support, love and care between faulty members

Discipline in the Home

1. A loving, friendly and just home life that breeds a Conforming Behaviour.
2. A loving, liberal, and open-minded home life that breeds Critical behaviour.
3. A loveless, lonely and problematic home life that breeds Deviant Behaviour.

Factors in the home life that may cause delinquency:

1. Family size
2. Child’s Birth Order in the Family
3. Relations between Parents and Children
4. Faulty development of the child
5. Lack of parental guidance
6. Parental rejection
7. Broken homes
8. Lack of love
9. Unfair treatment
10. Too harsh discipline by either or both parents
11. Too much leniency by either or both parents
12. Unfavourable parental example

Broken Home

16
 Juvenile Delinquency and Juvenile Justice System

Broken home does not refer only to the separation of parents leaving their children behind,
but includes the presence of parents who are irresponsible that children experience constant
quarrel in the home. Broken homes are associated with an increase risk in deviant behaviour.

Effects of Family Breakdown to the Children:

1. Decreases the amount of surveillance which protects against delinquency.

2. 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 in character than normal, and pass their instability
onto their children.

Effect of Single-Parent Family:

1. Single parent is much more likely to be living in poverty, or living in a high-

delinquency area than married persons.
2. Single-parent 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 behaviour or
alcoholism which may have influenced their children prior to family-breakdown.

Stages of Family Rejection

1. Protest – cries and screams for mother, shows panic, clings when she visits and howls
when she leaves.
2. Despair – after a few days, child becomes withdrawn.
3. Detachment – loses interest in parents, and is not concerned whether they are there
or not.

Different Types of Family Models

1. The Corporate Model

FATHER
Chief Executive
Officer

MOTHER
Operating Officer

CHILDREN CHILDREN CHILDREN

Staff Staff Staff

17
 Juvenile Delinquency and Juvenile Justice System

2. The Team Model

FATHER
Coach/Manager

MOTHER
Cheerleader/Trainee

CHILDREN CHILDREN CHILDREN

Athletes Athletes Athletes

3. The Military Model

FATHER
General

MOTHER
Guard on Duty / Medics

CHILDREN CHILDREN CHILDREN

Grunts Grunts Grunts

4. The Boarding School Model

18
 Juvenile Delinquency and Juvenile Justice System

FATHER
Rector/Headmaster

MOTHER
Dorm Counselor

CHILDREN CHILDREN CHILDREN

Students Students Students

5. The Theatrical Model

FATHER
Producer/Director

MOTHER
Stage Manager

CHILDREN CHILDREN CHILDREN

Actors Actors Actors

19
 Juvenile Delinquency and Juvenile Justice System

Different Types of Parenting Styles

A. Authoritative Parents

Parents deal with their children in a rational and issue-oriented manner; engage in discussion
and explanation unto their children over rules and discipline. They set standards for the
child's conduct but form expectations consistent with the child's developing needs and
capabilities.

It gives high regard on the independent development of the child and self-direction but
assume the ultimate responsibility for their child's behaviour.

B. Indulgent Parents

Parents behave in responsive, accepting, benign or kind and more passive ways in matters of
discipline. They place relatively few demands on the child's behaviour, giving the child a high
degree of freedom to act as he or she wishes. Indulgent parents believe that control is an
infringement or violation on the child's freedom that may interfere with healthy
development.

C. Indifferent Parents

They are fairly unresponsive to their child and try to minimize the time and energy they
must devote in interacting with the child or responding to the child's demand. In extreme
cases indifferent parents are neglectful. They know little about their child's activities and
whereabouts, show little interest in their child's experiences at school and rarely consider
the child's opinion when making decisions.

General Views Concerning Family and Delinquency

1. The Alarmist View

The Alarmist view believes that family is in a very serious condition; it is in critical condition
and is getting progressively worse.

Five Trends indicating that the Family is declining:

a. Marriage is something that fewer and fewer people wants

b. Being a housewife is something that fewer and fewer women wants
c. Fewer and fewer people want a large number of children.
d. Sacrifice and self-denial are things that fewer and fewer people are willing to
practice.
e. Hedonism and self-fulfilment are things that more and more people are pursuing.

2. The Reassuring View

Reassuring View contradicts the Alarmist View on family declination. It argues that today's
family is alive and well, vital, and still the primary in raising the nation's young. Declining

20
 Juvenile Delinquency and Juvenile Justice System

family condition is just a nature consequence when the society is undergoing modernization.
The family condition would eventually improve as soon as the society's economy will stabilize.

B. School

The school is considered as the second home of the child, with teachers as the second
parents. It is the institution responsible for the training of young person’s intellectual, moral,
as well as social skills which they need for them to grow up as productive, law-abiding and
responsible citizens. The school is in the strategic position to prevent crime and delinquency,
receives child when he is young, observes, supervises and teaches him for many hours each
week during some of his most impressionable years:

School and Delinquency

The general path towards occupational prestige is education, and when youth are deprived of
this avenue of success through poor school performance there is a greater likelihood of
delinquent behaviour.

Deviant Conduct Attributed to School Inadequacy

1. Failure of teachers to detect and address problems of children and report such
problems to the parents
2. Poor academic atmosphere
3. Membership in school gangs or development of friendships with the wrong crowd
4. Lack of facilities for curricular and extra-curricular activities
5. Failure of teachers in character development of the students
6. Failure to actually finish school, resulting to being out-of-school youths with a lot of
time to waste and do unproductive activities
7. Failure to get gainful employment due to lack of sufficient education

C. Environment (Church, Mass Media, NGO's)

The culture, norms and behaviour of the child’s surroundings may influence the upbringing of
the child especially during their formative years and such misbehaviour learned are more
likely to be carried on until the child’s maturity.

The weight of the empirical evidence indicates that youths who are loyal to delinquent
friends, belong to a gang, have bad companions, and are otherwise involved with deviant
peers are the ones most likely to commit a crime.

Gangs

A gang are interstitial group; coined by Frederick Thrasher use to refer to the fact that gangs
fill the “cracks” in the fabric of the society. It is a group of youths who collectively engage in
delinquent behaviours. It refers to any congregation of youths who have joined together to
engage in delinquents acts. Gang is a cohesive group that holds and defends territory or turfs.

21
 Juvenile Delinquency and Juvenile Justice System

Note: To be considered as a gang, a group must maintain standards group processes, such as:
recruiting new members, setting goals and assigning roles.

Characteristics of Gang

1. Organization: creation of an administrative body.

2. Leadership: gangs have established leaders, like militaristic or mafia style model.
3. Turf: particular territory or neighbourhood crossing turf boundaries and entering
another gang territory.
4. Cohesiveness: share privacies with one another than their non-delinquent peers, to
believe that they can trust their friends and have their trust on their friends.
5. Purpose: delinquent gangs have been typically though to exist for the purpose of
committing offense.

Note: Sporadic are groups that have short history, limited size, and little defined territory.

Categories of Gang

1. Social Gang- membership is more interested in the social aspects of group behaviour.
2. Party Gang- concentrates on drug use and sales, foregoing most delinquent behaviour,
except vandalism.
3. Serious Delinquent Gang- engages in serious delinquent behaviour while eschewing
most drug use.
4. Organized Gang- heavily involved in criminality and drug use and sales.

The Nature and Concept of Marriage

Marriage is a special contract of permanent union between a man and a woman entered into
in accordance with law for the establishment of conjugal and family life. It is the foundation
of the family and an inviolable social institution whose nature, consequences, and incidents
are governed by law and not subject to stipulation, except that marriage settlement may fix
the property relations during the marriage within the limits provided by the Family Code.

Principles of Marriage:

1. Union– Physical and spiritual mating

2. Of one man with one woman– This is monogamy, which is the ideal marriage.
3. Reciprocal Blessing– Marriage is a 50-50 proposition
4. Birth– One purpose of marriage is the procreation of children.
5. Rearing– The care of both parents is essential.
6. Education of Children- It is the natural right of parents to educate their children.

Some Other Consequences of Marriage

As to person, marriage emancipates from parental authority, while as to property, there is an

incomplete emancipation. A husband and a wife can chastise or reprimand each other, but

22
 Juvenile Delinquency and Juvenile Justice System

may not inflict force, except when the other spouse catches the other in the act of sexual
intercourse with a stranger.

Distinction between Paternity and Filiations

While paternity is the civil status relationship of the father to the child, filiations is the civil
status or relationship of the child to the father.

Legitimate, Illegitimate and Legitimated Child

Legitimate child is one conceived or born during the marriage of the parents. Legitimacy of a
child may be impugned only on the following grounds:

1. That it was physically impossible for the husband to have sexual intercourse with his
wife within the first 120 days of the 300 days which immediately preceded the birth of
the child because of:
a. the physical incapacity of the husband to have sexual intercourse
b. the fact that the husband and wife were living separately that sexual intercourse
is impossible
2. That it is proved through biological or other scientific reasons, that the child could not
have been that of the husband.
3. That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud,
violence, intimidation or undue influence.

An Illegitimate Child is one who was conceived and born outside a valid marriage.

Legitimated Child is one who is an illegitimate child but has given the rights of a legitimate
child, provided the following requisites are present:

1. Conceived and born outside wedlock of parents who at the time of the conception of
the child, were not disqualified by any impediment to marry each other.
2. A subsequent valid marriage between parents. If a marriage is voidable but
subsequently annulled, the legitimation remains valid, for after all, a voidable
marriage is valid until annulled.

The Nature and Concept of Adoption

Adoption is defined as the process of making a child, whether related or not to the adopter,
possess in general, the rights accorded to a legitimate child. It is an act by which relations of
paternity and filiations are recognized as legally existing between persons not so related by
nature.

Adoption is the taking into one’s family of the child of another, as son or daughter and heir,
and conferring on it a title to the rights and privileges of such.

Laws Relative on Adoption

23
 Juvenile Delinquency and Juvenile Justice System

1. Republic Act No. 8043 otherwise known as The Inter-Country Adoption Act of 1995
approved on 7 June 1995.

Inter-Country Adoption is the socio-legal process of adopting a Filipino child by a foreigner

or a Filipino citizen permanently residing abroad where the petition is filed, the supervised
trial custody is undertaken and the decree of adoption is issued outside the Philippines.

The Inter-Country Adoption Board acts as the central authority in matters relating to inter-
country adoption. It shall act as the policy-making body for purposes of carrying out the
provisions of RA 8043, in consultation and coordination with the DSWD. It is headed by the
Secretary of the DSWD as ex officio chairman and 6 members to be appointed by the
President, with a term of office of 6 years.

Who may be adopted?

a. A Filipino child legally declared available for adoption whose age is below fifteen (15)
years old

Where to Apply Application?

Application for adoption shall be filed either with the Philippine Regional Trial Court or the
Inter-Country Adoption Board, through an intermediate agency in the country of the
prospective adoptive parents.

2. Republic Act No. 8552 otherwise known as The Domestic Adoption Act of 1998
approved on 25 February 1998.
3. Republic Act. No. 9523, the law giving DSWD the sole authority to issue the
certification declaring a child legally available for adoption and amending provisions of
RA 8552 and RA 8043, approved on March 12, 2009

Important Terms on the Laws of Adoption

1. Adopter- the person adopting or petitioning for the adoption of a child

2. Adoptee- the child or person being petitioned for adoption
3. Filiation- the acknowledgment of the father of his relationship with the child also
called paternity.
4. Biological Child- natural-born child of the parents
5. Adopted Child- a child who underwent the judicial process of adoption
6. Foundling- refers to a deserted or abandoned infant or child whose parents, guardian
or relatives are unknown.
7. Child Legally Available for Adoption- is a child who has been voluntarily or
involuntarily committed to the DSWD or to a duly licensed and accredited child-placing
or child-caring agency, freed of the parental authority of his or her biological parents
or guardians or adopter, in case of rescission. It refers to a child in whose favour a
certification was issued by the DSWD that he or she is legally available for adoption
after the fact of abandonment or neglect has been proven through the submission of

24
 Juvenile Delinquency and Juvenile Justice System

pertinent documents, or one who was voluntarily committed by his or her parents or
legal guardian (RA 9523).
8. Child-Placing Agency or Institution- it refers to a private non-profit institution or
government agency duly accredited by the DSWD that receives and processes
applicants to become foster or adoptive parents and facilitate placement of children
eligible for foster care or adoption.

Who may adopt?

A. Under Republic Act No. 8552 (The Domestic Adoption Act of 1998 approved on 25
February 1998)
1. Any Filipino citizen of legal age, at least 16 yrs. older than the adoptee unless the
adopter is the biological parent of the adoptee, or is the spouse of the adoptee’s
biological parent.
2. An alien possessing the same qualifications as that of a Filipino citizen, who has
been living in the Phil's for at least 3 consecutive yrs., and whose country has
diplomatic relations with the Phil’s.
3. A person of age and in possession of full civil capacity and legal rights may adopt,
provided he is in the position to support and care for the children in keeping with
the means of his family.

B. Under Republic Act No. 8043 (The Inter-Country Adoption Act of 1995 approved on 7
June 1995)
1. Any alien or a Filipino citizen permanently residing abroad, at least twenty-seven
(27) years of age and at least sixteen (16) years older than the adoptee unless the
adopter is the parent by nature of the adoptee or the spouse of such parent. Must
be coming from a country with which the Philippines has diplomatic relations and
shall possess all the qualifications provided in other applicable Philippine laws.

Person/s who may not be allowed to adopt:

1. The guardian with respect to the ward prior to the approval of the final
accounts/decisions rendered upon termination of their guardianship status.
2. Any person who has been convicted of a crime involving moral turpitude
3. An alien, except:
a. A former Filipino citizen who seeks to adopt a relative by consanguinity.
b. One who seeks to adopt legitimate child of his or her Filipino spouse.
c. One who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse a relative by consanguinity of the latter.

Person/s who may not be adopted:

1. A person of legal age, unless he or she is the child by nature of the adopter or his or
her spouse, or prior to the adoption, said person had been consistently considered and
treated by the adopter as his or her own child during minority.

25
 Juvenile Delinquency and Juvenile Justice System

2. An alien with whose government the Republic of the Philippines has no diplomatic
relations;
3. A person who has already been adopted unless such adoption has been previously
revoked or rescinded.

Supervised Trial Custody

Supervised Trial Custody a period of time within which a social worker oversees the
adjustment and emotional readiness of both adopter and adoptee in stabilizing their filial
relationship. That period should be at least six (6) months.

Effects of Adoption

For civil purposes, the adopted shall be deemed to be legitimate child of the adopters and
both shall acquire the reciprocal rights and obligations arising from the relationship of parents
and child, including the right of the adopted to use the surname of the adopters. Likewise,
the parental authority of the parents by nature over the adopted shall be terminated and be
vested in the adopters, except that if the adopter is the spouse of the parents by nature of
the adopted, parental authority shall be exercise jointly by both spouses.

Note: The adopted shall remain intestate heir of his parents and other blood relatives.

Recession of Adoption

Recession is the legal process of nullifying the adoption. The adoption shall not be subject to
rescission by the adopter.

Grounds for Recession of Adoption

1. repeated physical and verbal maltreatment by the adopter despite having undergone
counselling
2. attempt on the life of the adoptee
3. sexual assault or violence
4. abandonment and failure to comply with parental obligations

26
 Juvenile Delinquency and Juvenile Justice System

Part Four: Different Laws on Juvenile Delinquency

A. Presidential Decree No. 603 as Amended

The Presidential Decree No. 603 is known as the Child and Youth Welfare Code and was
signed on Dec. 10, 1974 and took effect on June 10, 1975. This law shall apply to persons
under 18 years of age.

Important Terms of PD No. 603

1. Parental Authority (Patria Potestas)

Parental Authority is the sum total of the rights of the parents over the person and property
of their child. The exercise of parental authority has no distinction between a legitimate and
an illegitimate child. The father and the 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.

In case of death of either parent, the surviving parent shall exercise sole parental authority
over their children.

2. Parental Responsibility

Parental Responsibility is the sum total of the duties and obligations of parents over their
minor children.

3. Liabilities of Parents (Torts)

Torts are the liability that may be incurred by the parents of a child in conflict with the law.
Parents and guardians are responsible for the damage or injury caused by the child under
their parental authority.

4. Legal Custody (Tender Years Doctrine)

In case of separation of parents, the legal custody of the child less than seven (7) years of age
shall be given to the mother unless the court decides otherwise.

5. Guardianship

It is a trust relation and the most sacred character, in which one person, called a guardian,
acts for another, called a ward, who regarded as incapable of managing his own affairs.

6. Order of Authority

Order of Authority is court order giving an individual organization legal authority over a
child.

7. Substitute Parental Authority

27
 Juvenile Delinquency and Juvenile Justice System

In case of absence or death of both parents, substitute parental authority shall be given to
the following, in order of priority:

a. Grandparents
b. Oldest brother or sister at least 21 years of age
c. Relative who has actual custody of the child/guardian duly appointed by the court

Categories of Children

1. Dependent Child

Dependent Child is one who is without a parent, guardian or custodian, or whose parents,
guardian or other custodian for good cause desire to be relieved of his care and custody and is
dependent upon the public for support.

2. Abandoned Child

Abandoned Child is one who had no proper parental care or guardianship or whose parents or
guardians have deserted him for a period of at least six consecutive months.

3. Neglected Child

Neglected Child is one whose basic needs have been deliberately unattended or inadequately
attended. A child is unattended when left by himself without provision for his needs and
without proper supervision. Neglect may occur in two ways: (a) physical neglect such as the
child is malnourished, untidy and damaged clothing, no shelter, etc. or (b) emotional neglect
such as the child was maltreated, raped, seduced, abused, exploited, made to work under
conditions not conducive to good health or placed in moral and physical danger.

4. Mentally Retarded

Mentally Retarded Children are socially incompetent, socially inadequate, occupationally

incompetent and unable to manage their own affairs. They are mentally sub-normal, retarded
intellectually from birth or early age, retarded at maturity, mentally deficient as a result of
constitutional origin through heredity or diseases which are essentially incurable.

Classification of Mental Retardation

a. Custodial Group

Members of this classification are severely or profoundly retarded, hence, the least capable
group. This include those with I.Q. is 0 to 25.

b. Trainable Group

Members of this group consists of those with I.Q. from about 25 to 50; one who belongs to this
group shows a mental level and rate of development which is 1/4 to 1/2 that of an average
child. They are unable to acquire higher academic skills but can usually acquire the basic

28
 Juvenile Delinquency and Juvenile Justice System

skills for living to a reasonable degree. They can likewise attain a primary grade level of
education if he receives effective instructions.

c. Educable Group

This group, the IQ ranges from 50 to about 75 and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age.
The degree of success or accomplishment that they will reach in life depends on the quality
and type of education that they will receive, as well on the treatment at home and in the
community.

d. Borderline or Low Normal Group

This is the highest group of mentally retarded with IQ's from about 75 to 89. The members of
this classification are only slightly retarded and they can usually get by in regular classes if
they receive extra care, guidance and consideration.

e. Physically Handicapped Children

Physically handicapped children are those who are crippled, deaf-mute, blind or otherwise
defective which restricts their means of action or communication with others.

f. Emotionally Disturbed Children

Although not afflicted with insanity or mental defect, but unable to maintain normal social
relations with others and the community in general due to emotional problems or complexes.

g. Mentally Ill Children

Mentally ill Children are those with behavioural disorder, whether functional or organic,
which is of such degree of severity as to require professional help or hospitalization.

h. Disabled Children

Disabled Children shall include mentally retarded, physically handicapped, emotionally

disturbed and severe mentally ill children.

Commitment or Surrender of a Child

Commitment or surrender of a child is a legal act of entrusting a child to the care of the
DSWD or any duly licensed child placement agency or individual. It may be either;

(a) involuntary commitment in which case of a dependent child, or through

termination of parental guardianship rights by reason of abandonment, substantial and
repeated neglect and or parental incompetence to discharge parental responsibilities,

(b) voluntary commitment through the relinquishment of parental guardianship rights.

B. Republic Act No. 7610

29
 Juvenile Delinquency and Juvenile Justice System

Republic Act No. 7610 is otherwise known as the Special Protection of Children against
Child Abuse, Exploitation and Discrimination Act, approved on 17 June 1992. This law is
also commonly referred to as the Anti-Child Abuse Act.

Important Terms of Republic Act 7610

1. Child

Child refers to a person below 18 years of age or one over said age and who, upon evaluation
of a qualified physician, psychologist or psychiatrist, is found to be incapable of taking care of
himself fully because of a physical or mental disability or condition or of protecting himself
from abuse.

2. Child Abuse

Child abuse is an act of deliberately inflicting physical injuries upon a child or unreasonable
deprivation of child’s basic needs, e.g., food, shelter or both that could result to serious
impairment of his/her growth/development, incapacity or death. Any act which debases or
demeans the intrinsic dignity of the child as human being.

Types of Child Abuse

a. Physical Abuse/Maltreatment (also known as child battering)

Physical abuse or maltreatment is any act which results in non-accidental physical injury
and/or unreasonable infliction of physical injury to a child which includes but is not limited to
lacerations, fractures, severe beatings, and slap with full hands, kicking, inflicting burns,
suffocating, pinching, punching, shaking, hanging and other similar acts.

b. Psychological Abuse

Psychological abuse is any harm to child’s emotional or intellectual functioning, which

includes but not limited to cursing, belittling, rejecting, using degrading words and other
similar acts.

c. Sexual Abuse

Sexual abuse is the involvement of the child in sexual activity with an adult or any person
older or bigger in which for gratification of older person’s needs or desires are achieved. It
also includes the employment, use, persuasion, inducement, enticement, or coercion of a
child to engage in or assist another person to engage in sexual intercourse or lascivious
conduct or the molestation or incest with children.

d. Child Neglect

Child neglect refers to any unreasonable deprivation of child’s basic needs such as food,
clothing, shelter, education, medical and general care and supervision by parents, guardians

30
 Juvenile Delinquency and Juvenile Justice System

or custodians and when they are forced to assume duties that are not appropriate to their age
and physique.

Battered Child Syndrome is a term used to describe a clinical condition in young children
who have received non-accidental, inexcusable violence or injury, ranging from minimal to
severe or fatal trauma at the hand of an adult in a position of trust, generally a parent or
guardian.

Types of Abusers

1. Parentally Incompetent Abuser: the practice of disciplining their children is the same
way they are disciplined. But as the norms that govern the child rearing is changed, so
have the norms about what constitute acceptable discipline.
2. Situational Abuser: some parents only abuse their children when they are confronted
with a particular situation. They are non-abusive but “fly off the handle” when some
particular circumstance develops.
3. Accidental Abuser: exercise poor judgment in their parenting decisions; poor
judgment could result to child abuse.
4. Sub-cultural Abuser: a group of people who share a number of values, norms and
attitudes in common. In some subculture, the members believe that committing
violence against children has an inherent positive value. Punishing sons to make them
good Christians.
5. Self-identified Abuser: some parents know they are abusive. They know that if their
child rearing practices were known to the authorities, they would be censured. Many
of these parents want to stop abusing their children but cannot, and are afraid to
make their discipline practices known. “Placing high expectations on the child and
punishing him if he fails”.
6. Institutionally Prescribed Abusers: sometimes abuse occurs in an institution because
of beliefs on which these institutions are grounded.

Causes of Child Abuse and Neglect

Parents and adults may abuse children due to ignorance, emotional immaturity, stresses such
as marital or economic problems, a predisposition toward maltreatment (perhaps as a result
of having been abuse, molested or neglected), a lack of constructive outlets for tension,
anger or aggression, or poor impulse control. In addition, parents and other adults may abuse
children as a result of mental disturbance, sexual perversion and those under the influence of
alcohol and prohibited drugs.

Factors leading to the occurrence of abuse and neglect:

a. Parent Factors: characteristics of parents that increase likelihood of abuse.

b. Child Factors: characteristics in the child that increase likelihood of abuse.
c. Environmental Factors: refers to the physical, social, economic conditions creating
crisis situation that increases likelihood of abuse.

31
 Juvenile Delinquency and Juvenile Justice System

Effects of Child Abuse

Child abuse adversely affects the normal, physical and psychological growth and development
of the child. It may vary depending on the degree of abuse on the child.

a. Physical Effects- malnutrition, sexually transmitted diseases, AIDS, unwanted

pregnancy, permanent physical disabilities, drug addiction and death.
b. Psychological and Social Effects- withdrawal syndrome, extreme depression, sense of
alienation, suicidal/self-destructive tendencies, emotional breakdown, aggressive
behaviour, low self-image, relationship problems, rejection, fear, confusion.

Disclosure of Abuse and Neglect

a. Direct Disclosure

Sometimes children tell others directly that they are being abused and neglected. They will
start with an example and watch how you react. You should respond to a child’s disclosure of
abuse or neglect with an open mind and a willingness to believe them.

b. Indirect Disclosure

Sometimes children do not tell others directly but use indirect methods of communicating
about their abuse or neglect. This includes their behaviours, emotions, art, writing,
appearance, inquiries, and discussion of fears, concerns or relationship.

3. Child Labour Exploitation

Child labour exploitation refers to an act of employing, permitting or allowing children below
15 years of age to suffer to work in any public or private establishment where they are not
directly under the supervision of their parents, guardian or the latter employ other workers
apart from their children.

Examples of which are minors employed in hazardous occupations like drivers, charcoal
burners, stone splitters, operators of farm machines and equipment, work in slaughter
houses, and dock works, lifting, handling and carrying heavy loads as enumerated in DOLE
Department Order No. 4.

4. Sexual Exploitation

Sexual exploitation refers to act involving children whether male or female, who for money,
profit or any other consideration or due to coercion or influence by an adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct. It includes hiring, persuasion,
inducement or coercion of a child to perform obscene exhibitions and indecent shows,
whether live or in video, or to pose or act as a model in obscene publications or pornographic
materials or to sell or distribute the said materials.

5. Child Prostitution

32
 Juvenile Delinquency and Juvenile Justice System

Child prostitution is the exploitation of children, whether male or female, by coercing them
to indulge in sexual intercourse or lascivious conduct for money, profit or any other
consideration.

Who are criminally liable for child prostitution?

Persons who may held criminally liable for child prostitution are those who engage in or
promote, facilitate or induce child prostitution, such as:

(a) those acting as procurer of a child prostitute,

(b) parents, guardians, or relatives who knowingly allow or coerce their children or
ward into prostitution,

(c) those who commit the act of sexual intercourse or lascivious conduct with a child
exploited in child prostitution, such as; clients of child prostitutes, those who derive
profit or advantage there from, such as managers or owners of the establishment
where the prostitution takes place.

6. Obscene Publications and Indecent Shows

Obscene Publications and Indecent Shows refers to the use, hiring, employment and
coercing of children as performers, actors or models for obscene exhibitions and indecent
shows, whether live or in video, or in printed pornographic materials.

7. Children as Zone of Peace

A child should not be the object of attack in situations of armed conflict and be protected
from any form of threat, assault, torture or other cruel, inhumane or degrading treatment.
Shall not be recruited to become members of the Armed Forces of the Philippines of its
civilian units, nor be allowed to take part in the fighting, or used as guides, couriers or spies
and shall be given priority during evacuation as a result of armed conflict.

C. Republic Act No. 9208

Republic Act No. 9208 is otherwise known as the Anti-trafficking of Persons Act of 2003,
approved on May 26, 2003.

Important Terms of Republic Act 9208

1. Trafficking of Persons

Trafficking of persons refers to the recruitment, transportation, transfer or harbouring, or

receipt of persons with or without the victim’s consent or knowledge within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or prostitution, taking advantage of the vulnerability of the
person, or giving or receiving of payments or benefits to achieve the consent of a person
having control over another person for the purpose of exploitation which includes at a

33
 Juvenile Delinquency and Juvenile Justice System

minimum, the exploitation or the prostitution of others or other forms of sexual exploitation,
forced labour or services, slavery, servitude or the removal or sale of organs. The
recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in person” even if it does not involve any
of the means set forth in the preceding paragraph.

When Trafficking in Persons considered as Qualified?

a. When the trafficked person is a child.

b. When the adoption is effected through RA No. 8043 (Inter-Country Adoption Act) and
said adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labour, slavery, and involuntary servitude or debt bondage.
c. When the offender is an ascendant, parent, sibling, guardian or a person who
exercised authority over the trafficked person or when the offense is committed by a
public officer or employee.

2. Force Labour and Slavery

Force labour and slavery refers to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.

3. Sex Tourism

Sex tourism refers to a program organized by travel and tourism related establishments and
individuals which consist of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists.

4. Pornography

Pornography refers to any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real
or simulated explicit sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes.

5. Debt Bondage

Debt Bondage refers to pledging by the debtor of his or her personal services or labour or
those of a person under his or her control as security or payment for a debt, when the length
and nature of services are not clearly defined or when the value of the services as reasonably
assessed is not applied or equivalent toward the liquidation of debt.

D. Republic Act No. 9775

This law is otherwise known as the Anti-Child Pornography Act of 2009, approved on
November 17, 2009, amended the provisions of RA 7610 on obscene publications and indecent
shows. It aims to protect every child from all forms of exploitation and abuse through the use

34
 Juvenile Delinquency and Juvenile Justice System

of a child in pornographic performances and materials and the inducement or coercion of a

child to engage or to be involved in pornography.

Important Terms of Republic Act No. 9775

1. Child Pornography

It refers to any representation, whether visual, audio or written combination thereof, by

electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities.

2. Syndicated Child Pornography

Syndicated Child Pornography is deemed committed or carried out by a group of three (3) or
more persons conspiring or confederating with one another.

Explicit Sexual Activities

a. sexual intercourse, whether with the same sex or opposite sex

b. lascivious conduct, whether with the same sex or opposite sex
c. refer to any of the following acts, whether actual or simulated
d. bestiality
e. masturbation
f. sadistic or masochistic abuse
g. lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus
h. use of any object or instrument for lascivious acts

E. Republic Act. No. 7658

This law is otherwise known as An Act Prohibiting the Employment of Children below 15
years of age in Public and Private Undertakings approved on November 9, 1993 and took
effect on November 24, 1993. This law specifically amended Section 12, Article VIII of
Republic Act No. 7610.

Under this law children below fifteen (15) years of age shall not be employed except:

1. 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 said child
with the prescribed primary and/or secondary education.
2. Where a child’s employment or participation in public entertainment or information
through cinema, theatre, 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).

35
 Juvenile Delinquency and Juvenile Justice System

F. Republic Act No. 9231

This law is otherwise known as An Act Prohibiting the Worst Forms of Child Labour. The
amendatory law of Republic Act No. 7160 and Republic Act No. 7658 regarding working
children, approved on December 19, 2003

Under this law, children below fifteen (15) years of age shall not be employed, except:

1. When a child works directly under sole responsibility of his parents or legal guardian
and where only members of the employer’s family are employed.
2. Where a child’s employment or participation in public entertainment or information
through cinema, theatre, radio or television is essential, with the approval of the
Department of Labor and Employment (DOLE)

It is the duty of the employer to submit to the DOLE a report of all children employed by him.
If a domestic is under 16 years of age, the head of the family shall give him or her opportunity
to complete at least elementary education, the cost of which shall be a part of the
domestic’s compensation.

Work Permit of Working Children

It shall be the duty of the employer to secure permit from the DOLE of working children
employed by him. The employment contract of working children shall be signed by the
working child’s parent or legal guardian, with the express agreement of the child.

Working Hours of Children

Under the law, the working hours of a child will depend upon his/her age; if the child is under
15, he/she may work for maximum of 4 hours a day or 20 hours a week and may work
between 6am to 8pm. If the child is 15 but less than 18, he/she may work for maximum of 8
hours a day or 40 hours a week and may work between 6am to 10pm.

Note: No child shall be employed as a model in any advertisement directly or indirectly

promoting the following:

a. alcoholic beverages
b. intoxicating drinks
c. tobacco and cigarettes
d. gambling
e. any form of violence or pornography

G. Republic Act 9262

This law is otherwise known as the Anti-violence against Women and their Children Act of
2004, approved on March 8, 2004.

Important Terms of Republic Act No. 9262

36
 Juvenile Delinquency and Juvenile Justice System

1. Violence against Women and their Children

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
relations, 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.

Types of Violence

a. Physical- refers to acts that include bodily or physical harm.

b. Sexual- refers to an act which is sexual in nature, committed against a woman or her
child.
c. Psychological- 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, and repeated verbal
abuse.
d. Economic- refers to acts that make or attempt to make a woman financially
dependent.

2. Battery

Battery refers to an act of inflicting physical harm upon the woman or her child resulting to
the physical and psychological or emotional distress.

3. Stalking

Stalking 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.

4. Protection Orders

A protection order is an order issued under this act for the purpose of preventing further acts
of violence against a woman or her child and granting other necessary relief.

The relief granted under a protection order serve the purpose of safeguarding the victim from
further harm, minimizing any disruption in the victim's daily life, and facilitating the
opportunity and ability of the victim to independently regain control over her life.

Who may file Petition for Protection Orders?

A petition for protection order may be filed by any of the following:

a. the offended party

b. parents or guardians of the offended party

37
 Juvenile Delinquency and Juvenile Justice System

c. ascendants, descendants or collateral relatives within the fourth civil degree of

consanguinity or affinity
d. officers or social workers of the DSWD or social workers of local government units
(LGUs)
e. police officers, preferably those in charge of women and children's desks
f. Punong Barangay or Barangay Kagawad
g. lawyer, counsellor, therapist or healthcare provider of the petitioner
h. at least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge
of the offense committed

Types of Protection Order

a. Barangay Protection Orders (BPOs) refer to the protection order issued by the
Punong Barangay ordering the perpetrator to desist from committing acts of violence
against women and children. BPOs shall be effective for 15 days.
b. Temporary Protection Orders (TPOs) refers to the protection order issued by the
court on the date of filing of the application after ex parte determination that such
order should be issued. A court may grant TPO in any of some or all of the reliefs
mentioned in this Act and shall be effective for 30 days.
c. Permanent Protection Order (PPO) refers to protection order issued by the court
after notice and hearing. A PPO shall be effective until revoked by a court upon
application of the person in whose favor the order was issued. The court shall ensure
immediate personal service of the PPO on respondent.

5. Battered Women Syndrome

Battered Women Syndrome refers to the psychological, emotional and behavioural reactions
and deficits of women victims and their inability to respond effectively to repeated physical
and psychological violence.

Note: Victim-survivors who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal and civil liability notwithstanding the absence of any of
the elements for justifying circumstances of self-defense under the Revised Penal Code.

6. Custody of Children

The woman victim of violence shall be entitled to the custody and support of her
child/children. Children below seven (7) years old or older but with mental or physical
disabilities shall automatically be given to the mother, with right to support, unless the court
finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having
custody of her children. In no case shall custody of minor children be given to the perpetrator
of a woman who is suffering from Battered woman syndrome.

38
 Juvenile Delinquency and Juvenile Justice System

7. Confidentiality of Records

All records pertaining to cases of violence against women and their children including those in
the barangay shall be confidential and all public officers and employees and public or private
clinics to hospitals shall respect the right to privacy of the victim.

Whoever publishes or causes to be published, in any format, the name, address, telephone
number, school, business address, employer, or other identifying information of a victim or an
immediate family member, without the latter's consent, shall be liable to the contempt
power of the court.

H. Republic Act No. 8369

This law is otherwise known as Family Court Act of 1997, approved on October 28, 1997.
This is an Act establishing Family Courts, granting them exclusive original jurisdiction over
child and family cases.

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

I. Republic Act No. 9344

This law is otherwise known as the Juvenile Justice and Welfare Act of 2006, approved on
April 28, 2006 and became effective on May 20, 2006. It repealed the provisions of the
Revised Penal Code and Presidential Decree No 603 on minor offenders. This law shall cover
the different stages involving children at risk and children in conflict with the law from
prevention to rehabilitation and reintegration.

Important Terms of Republic Act No. 9344

1. Juvenile Justice and Welfare System

It 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. It is based on the notion that every child is treatable, and that judicial
intervention will result in positive behavioural change. Juvenile court sanctions are based on
a rehabilitation model and do not include any other sentencing objectives.

2. Restorative Justice

It refers to a principle which requires a process of resolving conflicts with the maximum
involvement of the victim, the offender and the community; seeks to obtain reparation for
the victim, reconciliation of the offender, the offended party and the community and
reassurance to the offender that he or she can be reintegrated into society.
39
 Juvenile Delinquency and Juvenile Justice System

3. Best Interest of the Child

It 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.

4. Child at Risk

It refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances.

5. Child In-Conflict with the Law

It refers to a child who is alleged as, accused of, or adjudged as, having committed an offense
under Philippine laws.

6. Initial Contact with a Child

It refers to the apprehension or taking into custody of a child in conflict with the law by law
enforcement officers or private citizens.

7. 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 counselling, skills training, education, and other activities that will enhance his or her
psychological, emotional and psycho-social well-being.

8. Diversion

It refers to an alternative and child-appropriate process of determining the responsibility and

treatment of a child in conflict with the law on the basis of his or her social, cultural,
economic, psychological or educational background without resorting to formal court
proceedings.

9. Diversion Program

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

10. Youth Detention Home

It refers to a 24-hour child-caring institution managed by accredited local government units

and licensed and/or accredited non-governmental organizations 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.

40
 Juvenile Delinquency and Juvenile Justice System

11. Youth Rehabilitation Center

It refers to a 24-hour residential care facility managed by the DSWD, local government units,
licensed or accredited non-governmental organizations monitored by the DSWD, which
provides care, treatment and rehabilitation services for children in conflict with the law.

Rights of the Child In-Conflict with the Law

a. the right not to be imposed a sentence of capital punishment or life imprisonment

b. the right to be detained or imprisoned as a disposition of last resort, which shall be for
the shortest appropriate period of time
c. the right to be separated from adult offenders at all times: during detention, while
being transported to and from the court and while waiting for the hearing
d. the right to be detained only with other detainees of the same sex, if detention is
necessary
e. the right to be searched only by a law enforcement officer of the same gender
f. the right not to be handcuffed, when such is not necessary
g. the right to have his parents or guardians present
h. the right to diversion if he or she is qualified and voluntarily avails of the same
i. the right to AUTOMATIC SUSPENSION OF SENTENCE
j. the right to probation as an alternative to imprisonment, if qualified under the
Probation Law
k. the right to have the records and proceedings involving him be considered PRIVILEGED
AND CONFIDENTIAL

J. Republic Act No. 10630

An Act Strengthening the Juvenile Justice System in the Philippines, approved on October
3, 2013.

Important Provisions of Republic Act No. 10630

1. Minimum Age of Criminal Responsibility

A child fifteen (15) years of age or under at the time of the commission of the offense shall
be exempt from criminal liability. However, the child shall be subjected to an intervention
program. A child is deemed to be fifteen (15) years of age on the day of the fifteenth
anniversary of his/her birthdate.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless he/she
has acted with discernment, in which case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.

Note: The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws.

41
 Juvenile Delinquency and Juvenile Justice System

2. 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 children nearest
relative. If the parents, guardians or nearest relatives cannot be located, or if they refuse to
take custody, the child may be released to any of the following:

a. A duly registered nongovernmental or religious organization

b. A barangay official or a member of the Barangay Council for the Protection of
Children (BCPC)
c. A local social welfare and development officer; or, when and where appropriate, the
DSWD

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 ‘Bahay Pag-asa’ managed by LGUs or
licensed and/or accredited NGOs monitored by the DSWD.

The local social welfare and development officer shall determine the appropriate programs
for the child who has been released, in consultation with the child and the person having
custody over the child.

If the child has been found by the local social welfare and development officer to be
dependent, abandoned, neglected or abused by his/her parents and 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, 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 Local Social Welfare
and Development Office (LSWDO) pursuant to Presidential Decree No. 603, as amended, and
the Supreme Court rule on commitment of children. Provided, further, that the minimum age
for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years
old.

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

42
 Juvenile Delinquency and Juvenile Justice System

In accordance with existing laws, rules, procedures and guidelines, the proper petition for
involuntary commitment and placement under the IJISC shall be filed by the local social
welfare and development officer of the LGU where the offense was committed, or by the
DSWD social worker in the local social welfare and development officer’s absence, within
twenty-four (24) hours from the time of the receipt of a report on the alleged commission of
said child.

The court, where the petition for involuntary commitment has been filed shall decide on the
petition within seventy-two (72) hours from the time the said petition has been filed by the
DSWD/LSWDO. The court will determine the initial period of placement of the child within
the IJISC which shall not be less than one (1) year.

The multi-disciplinary team of the IJISC will submit to the court a case study and progress
report, to include a psychiatric evaluation report and recommend the reintegration of the
child to his/her family or the extension of the placement under the IJISC. The multi-
disciplinary team will also submit a report to the court on the services extended to the
parents and family of the child and the compliance of the parents in the intervention
program. The court will decide whether the child has successfully completed the center-
based intervention program and is already prepared to be reintegrated with his/her family or
if there is a need for the continuation of the center-based rehabilitation of the child. The
court will determine the next period of assessment or hearing on the commitment of the
child.

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
counselling 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

b. Adoptive parents of the child
c. Individuals who have custody of the child

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.

4. Duties during Initial Investigation

The law enforcement officer shall, in his/her investigation, determine where the case
involving the child in conflict with the law should be referred. The taking of the statement of
the child shall be conducted in the presence of the following:

43
 Juvenile Delinquency and Juvenile Justice System

a. child’s counsel of choice or in the absence thereof, a lawyer from the Public
Attorney’s Office
b. the child’s parents, guardian, or nearest relative, as the case may be
c. the local social welfare and development officer

In the absence of the child’s parents, guardian, or nearest relative, and the local social
welfare and development officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.

The social worker shall conduct an initial assessment to determine the appropriate
interventions and whether the child acted with discernment, using the discernment
assessment tools developed by the DSWD. 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 if the child is fifteen (15) years or below or
above fifteen (15) but below eighteen (18) years old, who acted without discernment
b. If the child is above fifteen (15) years old but below eighteen (18) and who acted with
discernment, proceed to diversion proceedings.

5. System of Diversion

Children in conflict with the law shall undergo diversion proceedings subject to the following
conditions:

a. the imposable penalty for the crime committed is NOT MORE THAN SIX (6) YEARS OF
IMPRISONMENT
b. in victimless crimes, the imposable penalty is NOT MORE THAN SIX (6) YEARS OF
IMPRISONMENT
c. in cases where the imposable penalty exceeds six (6) years, diversion measures may be
resorted to only by the court

Note: The diversion proceedings shall be completed within FORTY-FIVE (45) DAYS

6. Contract of Diversion

Contract of diversion shall be prepared if the child is qualified for diversion, voluntarily
admits the commission of the act, and the parents or guardian of the child and the child
himself agrees to the diversion program. It must be signed by the child’s parents or guardian
and the authorities concerned.

7. Preliminary Investigation and Filing of Information

The prosecutor shall conduct a preliminary investigation in the following instances:

a. when the child in conflict with the law does not qualify for diversion
b. when the child, his/her parents or guardian does not agree to diversion

44
 Juvenile Delinquency and Juvenile Justice System

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

Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the
Public Attorney’s Office of such service, as well as the personal information, and place of
detention of the child in conflict with the law.

Upon determination of probable cause by the prosecutor, the information against the child
shall be filed before the Family Court within forty-five (45) days from the start of the
preliminary investigation. The information must allege that the child acted with discernment.

8. Court Proceedings

During trial, the court shall order the release of the child on:

a. recognizance to his or her parents and other suitable persons

b. release the child on bail
c. in the event the child is to be detained, the child shall be transferred to a youth
detention home

NOTE: Detention of the child shall be ordered only as a last resort.

9. Automatic Suspension of Sentence

If the child in conflict with the law is found guilty of the offense charged, the court shall
place the child under suspended sentence, without need of application. The automatic
suspension of sentence may be extended until the child reaches the maximum age of 21 years
old. The court shall order the detention of the child in a youth rehabilitation center where he
shall undergo the appropriate disposition measures.

10. Discharge of the CICL

Upon the recommendation of the social worker who has custody of the child, the court shall
DISMISS THE CASE AGAINST THE CHILD if the court finds that the disposition measures have
been fulfilled.

But if the court finds that the objective of the disposition measures imposed upon the child
have not been fulfilled, or if the child has wilfully failed to comply with the conditions of his
or her rehabilitation program, the child shall be returned to court for the EXECUTION OF
JUDGMENT.

Probation

A child in conflict with the law whose sentence was executed by the court upon reaching the
maximum age of 21 shall be entitled to the benefits of probation under PD No. 968, the
Probation Law of 1976.

45
 Juvenile Delinquency and Juvenile Justice System

Offenses Not Applicable to Children

Persons below eighteen (18) years old shall be exempt from prosecution of the following
crimes:

a. vagrancy and prostitution under the Revised Penal Code

b. mendicancy under PD No 1563
c. sniffing of rugby under PD 1619

11. Confidentiality of Records and Proceedings

All records and proceedings involving children in conflict with the law from initial contact
until final disposition of the case shall be considered privileged and confidential. The public
shall be excluded during the proceedings and the records shall not be disclosed directly or
indirectly to anyone by any of the parties or the participants in the proceedings for any
purpose whatsoever, except to determine if the child in conflict with the law may have
his/her sentence suspended or if he/she may be granted probation under the Probation Law,
or to enforce the civil liability imposed in the criminal action.

A person who has been in conflict with the law as a child shall not be held under any provision
of law, to be guilty of perjury or of concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact related thereto in response to any inquiry
made to him/her for any purpose.

Establishment of Bahay Pag-asa

Bahay Pag-asa refers to a 24-hour child-caring institution providing short-term residential

care for children in conflict with the law who are above 15 but below 18 years of age who are
awaiting court disposition of their cases or transfer to other agencies or jurisdiction. It
provides intensive juvenile intervention and support center. 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.

A multi-disciplinary team composed of a social worker, a psychologist, a medical doctor, an

educational/guidance counsellor and a Barangay Council for the Protection of Children (BCPC)
member shall operate the ‘Bahay Pag-asa’.

Establishment of Juvenile Justice and Welfare Council (JJWC)

Juvenile Justice and Welfare Council is hereby created and attached to the DSWD and placed
under its administrative supervision. The JJWC shall be chaired by an Undersecretary of the
DSWD. It shall ensure the effective implementation of the provisions Republic Act No. 9344 as
amended by Republic Act No. 10630 and coordination among the following agencies:

a. Department of Justice (DOJ)

b. Council for the Welfare of Children (CWC)
c. Department of Education (DepED)

46
 Juvenile Delinquency and Juvenile Justice System

d. Department of the Interior and Local Government (DILG)

e. Public Attorney’s Office (PAO)
f. Bureau of Corrections (BUCOR)
g. Parole and Probation Administration (PPA)
h. National Bureau of Investigation (NBI)
i. Philippine National Police (PNP)
j. Bureau of Jail Management and Penology (BJMP)
k. Commission on Human Rights (CHR)
l. Technical Education and Skills Development Authority (TESDA)
m. National Youth Commission (NYC)

The JJWC shall be composed of representatives, whose ranks shall not be lower than director,
to be designated by the concerned heads of the following departments or agencies and shall
receive emoluments as may be determined by the Council in accordance with existing budget
and accounting rules and regulations:

a. Department of Justice (DOJ)

b. Department of Social Welfare and Development (DSWD)
c. Council for the Welfare of Children (CWC)
d. Department of Education (DepED)
e. Department of the Interior and Local Government (DILG)
f. Commission on Human Rights (CHR)
g. National Youth Commission (NYC)
h. Two (2) representatives from NGOs, to be designated by the Secretary of Social
Welfare and Development, to be selected based on the criteria established by the
Council
i. Department of Health (DOH)
j. One (1) representative each from the League of Provinces, League of Cities, League of
Municipalities and League of Barangays

There shall be a Regional Juvenile Justice and Welfare Committee (RJJWC) in each region.
The RJJWCs will be under the administration and supervision of the JJWC. The RJJWC shall be
chaired by the director of the regional office of the DSWD. It shall ensure the effective
implementation of this Act at the regional and LGU levels and the coordination among its
member agencies.

The RJJWC will be composed of permanent representatives who shall have a rank not lower
than an assistant regional director or its equivalent to be designated by the concerned
department heads from the following agencies and shall receive emoluments as may be
determined by the Council in accordance with existing budget and accounting rules and
regulations:

a. Department of Justice (DOJ)

b. Department of Social Welfare and Development (DSWD)
c. Department of Education (DepED)

47
 Juvenile Delinquency and Juvenile Justice System

d. Department of the Interior and Local Government (DILG)

e. Commission on Human Rights (CHR)
f. Department of Health (DOH)
g. Two (2) representatives from NGOs operating within the region selected by the
RJJWC based on the criteria established by the JJWC
h. One (1) sectoral representative from the children or youth sector within the region
i. One (1) representative from the League of Provinces/ Cities/ Municipalities/
Barangays of the Philippines

Duties and Functions of the JJWC

a. To oversee the implementation of RA No. 9344

b. To advise the President on all matters and policies relating to juvenile justice and
welfare
c. To assist the concerned agencies in the review and redrafting of existing
policies/regulations or in the formulation of new ones in line with the provisions of
this Act
d. To periodically develop a comprehensive 3 to 5-year national juvenile intervention
program, with the participation of government agencies concerned, NGOs and youth
organizations
e. To coordinate the implementation of the juvenile intervention programs and activities
by national government agencies and other activities which may have an important
bearing on the success of the entire national juvenile intervention program? All
programs relating to juvenile justice and welfare shall be adopted in consultation with
the JJWC
f. To consult with the various leagues of local government officials in the formulation
and recommendation of policies and strategies for the prevention of juvenile
delinquency and the promotion of juvenile justice and welfare
g. To formulate and recommend policies and strategies in consultation with children for
the prevention of juvenile delinquency and the administration of justice, as well as for
the treatment and rehabilitation of the children in conflict with the law
h. To collect relevant information and conduct continuing research and support
evaluations and studies on all matters relating to juvenile justice and welfare, such as,
but not limited to:
1. The performance and results achieved by juvenile intervention programs and by
activities of the local government units and other government agencies
2. The periodic trends, problems and causes of juvenile delinquency and crimes
3. The particular needs of children in conflict with the law in custody.

The data gathered shall be used by the JJWC in the improvement of the administration of
juvenile justice and welfare system. The JJWC shall set up a mechanism to ensure that
children are involved in research and policy development.

i. Through duly designated persons and with the assistance of the agencies provided in
the preceding section, to conduct regular inspections in detention and rehabilitation

48
 Juvenile Delinquency and Juvenile Justice System

facilities and to undertake spot inspections on their own initiative in order to check
compliance with the standards provided herein and to make the necessary
recommendations to appropriate agencies
j. To initiate and coordinate the conduct of trainings for the personnel of the agencies
involved in the administration of the juvenile justice and welfare system and the
juvenile intervention program
k. To submit an annual report to the President on the implementation of this Act
l. To perform such other functions as may be necessary

International Rules and Guidelines on Juvenile Delinquency

Riyadh Guidelines

It stresses the “need for and importance of progressive delinquency prevention policies”
that the state should avoid criminalizing and penalizing a child for behaviour that does not
cause serious damage to the development of the child or harm to others.

Each state must provide educational opportunities that meet the varying needs of young
people, especially those at risk or in special need.

The state must recognize that part of maturing often includes behaviour that does not
conform to societal norms and that tends to disappear in most individuals with transition to
adulthood and avoid labelling a youth a deviant or delinquent as this contributes to negative
patterns of behaviour.

Beijing Rules

It greatly emphasizes to the comprehensive social policy in general and aim at promoting
juvenile welfare to the greatest possible extent, which will minimize the necessity of
intervention by the juvenile justice system, and in turn, will reduce the harm that may cause
by any intervention. Such care measures for the young, before the onset of delinquency, are
basic policy requisites designed to obviate the need for the application of these Rules.

49
 Juvenile Delinquency and Juvenile Justice System

Part Five: Juvenile Delinquency Control and Prevention

Control and Prevention

Control is a term which acknowledges the existence of unlawful behaviour (delinquency) and
the need to take action. Prevention implies the keeping of unlawful behaviour (delinquency)
from occurring originally or keeping unlawful behaviour to a minimum, and thus avoiding
police intervention.

The discharge of these two obligations is automatic, and if done satisfactorily, delinquency
and crime would be controlled with no further effort on the part of the police or of the
public.

Policing Style on Delinquency Control and Prevention

1. Community-based Policing

The premise of the Community-based Policing model of crime prevention is that the police
can carry out their duties more effectively by gaining the trust and assistance of the
concerned citizens. This policing style increases also the feeling of community safety and
encourages area residents to cooperate with their local police agencies. Enforcement of
curfews represents a community-based policing service.

2. Problem Oriented Policing

Also referred to as problem-solving policing, problem-oriented policing involves a systematic

analysis and response to the problems or conditions underlying criminal incidents themselves.
The theory emphasizes that by attending to the underlying problems that causes delinquency,
the police will have a greater chance of preventing it from re-occurring with reactive or
incident-driven policing.

The systematic nature of problem-oriented policing is characterized by its adherence to a

four-step model, often referred to as S.A.R.A.

a. Scanning- involves identifying a specific crime problem through various data sources.
b. Analysis- involves carrying out an in-depth analysis of the crime problem and its
underlying causes.
c. Response- brings together the police and other partners to develop and implement a
response to the problem based on the results produced in the analysis stage.
d. Assessment- the stage in which the response to the problem is evaluated.

END!!!

50