JUVENILE JUSTICE EDUCATION AND CRIME PREVENTION

Prepared By: Ms. Gladys P. Castillo MA CRIM (I. P.)

JUVENILE JUSTICE EDUCATION-Refers to the application of Criminal

Justice to MINORS and offenders through the cooperation of the
Criminal Justice Education. In the Philippines this applies below 18
years of age.

ETIOLOGY OF DELINQUENCY
Etiology of delinquency is the study on the causes of
delinquency. Why do crime and delinquency occur in our society?
What are the roots of these social problems? This topic is focused
on the various explanations and the theories of juvenile
Delinquency.
PARENS PATRIAE -STATE IS THE FATHER
This doctrine views minors who engage in extra-legal behaviors as a
victim of improper care, custody and treatment at home.
Illegal behavior is a sign that the state should step through its
juvenile authorities should act at the best interest of the child.
STATUS OFFENSE
-certain acts or omission. which may not be punishable if committed
by adults, but become illegal only because the person is under aged
and committed primarily by a children, minors, juvenile, youthful
offenders or other persons in need of supervision or assistance.
examples: truancy, sexual misconduct/immoral conduct,
profanity, running away from home, smoking, drinking or use
of drugs or prohibited substances, disobedience to parents or
school officials, association w/criminals or delinquent friends
and mendicancy.
JUVENILE DELINQUENCY
Juvenile delinquency is not a simple term, it means
different things to different individuals, and it means different
things to different groups. Juvenile delinquency is used to
describe a large number of disapproved behaviors of children
and youth. Juvenile delinquency is a major problem that a
society is suffering and will continue to suffer until there is
significant social and economic changes take place resulting in
a redirection of many youngs people behavior and efforts. To
prevent and control delinquency and the dimensions of the
problems, we need to know how serious delinquency is.

Who are the youth involved? We also need knowledge

about the people who become delinquent, an information such
as where most delinquent live and under what economic
conditions.
Juvenile delinquency refers to an anti-social act or behavior
which deviates from the normal pattern of rules and
regulations, customs and culture which society does not
accept and which therefore, justifies some kind of
admonishment, punishment, or corrective measures in the
public interest, and it is being committed by minors. However,
those person adjudged to be delinquent under an age fixed by
law are called juvenile delinquent.
Delinquency is any violation of deviation from the norms and
standards of a given society
Juvenile means a child, minor or
youth.
Control to regulate or to influence.
WHY STUDY DELINQUENCY?
examines why juveniles break the law
considers the impact of the family, the neighborhood, and the
school on the delinquent behavior
examines the behaviors and social characteristics of juvenile
delinquents
discusses the measure and programs needed to prevent and
control delinquent behavior.
OBJECTIVES OF STUDYING JUVENILE DELINQUENCY
to determine its nature and extent and crime in the
Philippines today.
to ascertain the various factors, reasons, causes that
made up juvenile delinquency; and
to adopt adequate measures toward the prevention
suppression and recurrence of juvenile delinquency in the
Philippines society.
NATURE OF DELINQUENCY
A delinquent is one whose behavior is brought him into
repeated conflict with the law, regardless of whether he has
been taken before the court and adjudged a delinquent.

TYPES OF DELINQUENT YOUTH

Social - an aggressive youth who resents the authority of

anyone who make an effort to control his behavior.
Neurotic - he has internalize his conflicts and pre-occupied
with his own feelings.
Asocial his delinquent act have a cold, brutal, vicious quality
for which the youth feels no remorse.
Accidental he is less identifiable in character, essentially
socialize law abiding but too happens to be at the wrong place
at the wrong time and becomes involve in some delinquent act
not typical of his general behavior.
DIFFERENT APPROACHES TOWARD DELINQUENCY
1. BIOGENIC APPROACH
Biogenic views the law breaker as a person whose
misconduct is the result of faulty biology. The offender is
hereditary defective, he or she suffers from endocrine
imbalance or brain pathology, his or her body structure and
temperament pattern have produced the law breaking.
2. PSYCHOGENIC APPROACH
It tells us that the offender behaves as she or he does in
response to psychological pathology of some kind. The critical
causal factors in delinquency are personality problems, to
which juvenile misbehavior is presume to be a response.
3. SOCIOGENIC APPROACH
Sociogenic attributes the variations in delinquency
pattern to influence social structures. They account for
individual offender by reference to learning process which
goes on in youth gangs, stigmatizing contacts with social
control agencies and other variables of that time.
DIFFERENT TYPES OF BEHAVIORAL DISORDERS
Anti-social behavior it is characterized by disrespect or
disobedience for authority.
Lying
Stealing
Undisciplined desire for possession
loose morals in the home
parental indifference
lack
of
proper
clothing
and
other
school
requirements
undisciplined pleasure seeking
Truancy cutting classes without any reasonable
cause

unattractive school life

fear of punishment
proximity to place of vices
Vagrancy wandering away from home
disagreeable home condition
feeble mindedness
misdirected love for adventure
Emotional Disorders
jealousy reactions
temper tantrum
fear reaction
CHARACTERISTICS OF JUVENILE OFFENDER
Majority are males
From age 14-17
Incomplete elementary education/school dropouts
Tendency to aggressiveness, insecurity and lack of self
confidence
Jobless or doing odd jobs
Resident of slum areas, shared quarters or rented houses
CAUSES OF BEHAVIORAL DISORDERS
PREDISPOSING FACTOR
Inclinations or inherited propensities which can not be
considered a criminal one unless there is a probability that a
crime will be committed.
PRECIPITATING FACTOR
Elements which provoke crimes or factors that are
signified to the everyday adjustments of an individual, like
personal problems, necessities, limitations, curiosity and
ignorance, and diseases.
CAUSAL FACTORS IN JUVENILE DELINQUENCY
FAMILY
The family is the first and most basic institution in our society
for developing the childs potential in all its many aspects like
emotional, intellectual, moral and spiritual as well as physical and
social.
a. the faulty development of the child
b. lack of parental guidance
c. lack of love and the instinct of hate or anger
d. parental rejection
e. broken home

ENVIRONMENT
It is where the child is influenced after his first highly
formative years. Some of these causes are the following:
association with criminal groups
alcoholism and drug addiction
impulse of fear
crime inducing situation that caused criminal tendencies
imitated instinct like selfishness, violence and anti-social
wishes.
SCHOOL
-failure of the school in character development of the children and
the youth
- use of methods that create the conditions of failure or frustrations
on the part of the students
- truancy
- lack of facilities for curricular and extra curricular activities.
OTHER DEPARTMENT OR AGENCIES OF THE GOVERNMENT
political interference of the higher positions
unfair decisions of the court
police carelessness and unfair treatment
influence from the newspapers, movies, TV, radio, comic, and
other magazines.
OTHER FACTORS
Unemployment
Emotional maturity cannot accept the truth and cannot
accept his emotion.
Too much ego whether right or wrong, safe or
dangerous, permitted or prohibited.
Psychopathic personality it is characterized by lack of
response, lack of conscience, deficient feeling of affection
to others and aggression to environment and other
people.
JUVENILE GANGS
Juvenile gang is self-formed association of peers bound
together by mutual interest, with identifiable leadership, welldeveloped lines of authority, and other organizational features, who
act in concert to achieve specific purposes which generally include

the conduct of illegal activity and control over a particular territory

facility or type of enterprise.
HOW TO PREVENT DELINQUENCY
Giving
the
children
affection,
companionship
and
understanding which comes from a happy and ideal family
home and the parents must always set a good example.
Reduce unemployment and improve housing and recreational
facilities.
Improves the youths participation in community activities or
providing them a satisfying work.
Recognize the importance of the child in the school by
improving the quality of teachers and facilities, both in private
and public schools.
Prepare and create new employment opportunities for the
youth and reduce the barriers to employment posed by
discrimination.
A more effective partnership or coordination with all
departments or agencies of the government.
Providing more social work resources which help solve
behavioral problem .
Controlling all the conditions of establishment like bar,
poolrooms, gift shop, and various establishments that attract
children during school hours and thereby encourage truancy.
Delinquency as a Police Problem
Police agencies are concerned with all types of youth in a
community but the major portions of work with juveniles is
devoted to delinquency and to delinquency prevention
activities.It must be constantly borne in mind that juvenile
delinquents should be handled in a different a manner than the
adult offender.

Control of Unlawful Behavior of Youth and undesirable

Conditions Involving Youth
Control - a term which acknowledges the existence of unlawful
behavior and the need to take action.
Unlawful behavior of youth - it includes all types of activity in
which law and ordinances are violated and such other activity
as could bring youth before the juvenile court.

Undesirable conditions - it refers to community hazards and

community problems harmful to youth.
Control is accomplished in three major ways by the police
Investigation of individual case involving youth and conditions
causing anti-social activities.
Providing a constructive disposition for individual cases and
conditions through departmental action referral to other
agencies or to the juvenile court.
Providing overall effective police operations which reduces the
opportunity for commission of law violations and maintaining
cooperative relations with other components of the juvenile
justice system.
Prevention of Unlawful Behavior of Youth and Conditions
Causing Anti-Social Activities
Prevention- it implies the keeping of unlawful behavior from
occurring originally or keeping unlawful behavior to minimum
and thus avoiding police intervention.
The prevention phase is accomplished by the following:
Influencing youth, parents, and the general public to meet the
basic needs of youth and to conform to all laws and
regulations made for their protection.
Participation in community organization planning with other
agencies and citizens to improve the total community.
Providing overall effective police operations which reduces the
desire on the part of individuals to commit unlawful acts.
Police Responsibility
detection of crime
apprehension of offenders
preservation of peace
general safety of the public

Requirements in the proper discharge of police responsibilities

a. Close observation of places and conditions which
maybe regarded as breeding places for crime and
delinquency.
b. Always in a better position than others to discover
the existence of harmful influences to the children.
c. Know who are potential or actual delinquents and

recognize who are victims of neglect and abuse

d. Determine what measures to be adopted or which course of
action will be the most advantageous for its own area.
e. Give emphasis to the public that home is the most vital force in
the prevention of juvenile delinquency.
Procedures used as the most conducive to the juvenile welfare as
well as in the best interest of the police departments aims and
purposes.
a. Treat the juvenile with consideration
b. Be friendly.
c. Be firm. Appeal to his intelligence, to his reason and his
sense of fairness.
d. Discover the childs problem if possible
e. Try to gain the childs respect and confidence
f. Remember that the child of today is the man of tomorrow.
Presidential
Decree
603
THE CHILD AND YOUTH WELFARE CODE
Article II (Declaration of Principles and State Policies) Section 12
a.
recognizing the sanctity of family life and protecting and
strengthening the family as a basic autonomous social institution.
b. equally protecting the life of the mother and the unborn from
conception
c. recognizing the rights and duty of the parents in rearing of the
youth.
Section 13
a. recognizing the vital role of the youth in nation building.
Article XV ( The Family)
Section 1
a. recognizing the Filipino family as the foundation of the
nation
Section 2
a. recognizing marriage as an inviolable social institution
Section 3
The State shall defend:
a. the right of spouses to bind a family
b. the right of children

c. the right of the family

d.
the right of families to family associations to
participate in the planning and implementation of policies and
programs that affect them.
General Principles
The Child is one of the most important assets of the
nation. Every effort should be executed to promote his welfare and
enhance his opportunities for useful and happy life.
The molding of the character of the child starts at the
home. Every member of the family should strive to make the home
a wholesome place as its atmosphere and conditions will greatly
influence the childs development.
Application of the Code
The CYWC shall apply to all persons below 18 years of age as
amended by RA 6809
(An Act Lowering the Age of Majority from 21 to 18 years,
amending for the purpose EO 209 ), except those emancipated in
accordance with law, Child or minor or youth as used in this
Code shall refer to such person.
Rights of the Child
All children shall be entitled to the rights herein set forth
without distinction as to legitimacy or illegitimacy, sex, social
status, religious, political antecedents and other factors.
a. The right to be born well with the dignity and worth of a
human being from the moment of his conception.
b. The right of a wholesome family life that will provide him
with love, care and understanding, guidance and counseling, and
moral and material security. c.
The right to well rounded
development of his personality to the end that he may become a
happy, useful and active member of the society
d. The right to a balanced diet, adequate clothing, sufficient
shelter, proper medical attention.
e. The right to an education commensurate to his abilities
f. The right to full opportunities for safe and wholesome
recreation and activities.
g. The right to protection against exploitation, improper
influences, hazards, and other conditions or circumstances.

h. The right to live in a free community and society with a conducive

environment.
i. The right to the care assistance and protection of the State
j. The right to an efficient and honest government that will deepen
his faith in democracy.
k. The right to grow up as a free individual.
DUTIES OF PARENTS
To give him affection, companionship and understanding
b. To extend to him the benefits of moral guidance, self discipline
and religious instruction.
c. To inculcate in him the value of industry, thrift and self
reliance.
d. To supervise his activities, including his recreation
e. To stimulate his interest in civic affairs, teach him the duties of
citizenship and develop his commitment to his country.
f. To advise him properly on any matter
affecting his development and well being
g. To always set a good example
h. To provide him adequate support
i. To administer his property, if any, according to his best interest.
Vice is a wrong, degrading or immoral habit or practice
accustomed to the child.
Liabilities of Parents
Parents and guardians are responsible for the damage or
torts (an injury or wrong done to someone) caused by the child
under their parental authority in accordance with the Civil Code.
Criminal liability shall attach to any parent and shall be punishable
with imprisonment from two to six months or a fine not exceeding
five hundred pesos or both, for any act by them in any of the
following manner:
a. conceals or abandons the child with intent to make such
child lose his civil status.
b. abandons the child under such circumstances as to deprive
him of the love, care and protection he needs.
c. sells or abandons the child to another person for valuable
consideration
d. neglects the child by not giving him the education
which the familys situation in life and financial
conditions permit.

e. fails or refuses, without justifiable grounds, to

enroll the child in any educational institution.
f. causes, abates, or permits the truancy of the child from the school
where he is enrolled.
g. improperly exploits the child by using him, directly or indirectly,
for purposes of begging and other acts which are inimical to his
interest and welfare.
h. inflicts cruel and unusual punishment upon the child or
deliberately
subjects his indignations and other excessive
chastisement that embarrass or humiliate him.
i. causes or encourages the child to lead an immoral or dissolute
life.
j. permits the child to possess, handle, carry a deadly weapon,
regardless of its ownership.
k. allows or requires the child to drive without a license which
the parents knows to have been illegally procured.
Child and Youth Welfare and Education
The state shall see to it that no child is refused admission
in public schools. All parents are required to enroll their children in
schools to complete at least an elementary education.
Child and Youth Welfare and the Church
The State shall respect the rights of the Church in
matters affecting the religious and moral upbringing of the child.
All churches may offer religious instructions in public and
private elementary and secondary schools subject to the
requirements of the Constitution and existing laws.
Child and Youth Welfare and the Community
Community means the local government, together with the
society of individuals or institutions both public and private in which
a child lives.
It shall be the duty of the community to:
1. Bring a healthy environment necessary to the formal growth of
the child.
2.
Help the institutions of learning achieve the fundamental
objectives of education.
3. Organize or encourage movements and activities for the interests
of children and youth.

4. Promote the establishment and maintenance of adequately

equipped playgrounds parks and other recreational facilities.
5. Assist the state in combating and curtailing juvenile delinquency
and in rehabilitating wayward children.
6.Aid in carrying out special projects for the betterment of children
in remote areas or belonging to cultural minorities or
those who
are out of school.
7. Cooperate with private and public child welfare agencies in
providing care, training and protection to destitute, abandoned,
neglected, abused, handicapped and disturbed children.
b.
c.
d.
e.

Adopt measures for the health of the children

providing barangay scholarships for indigent children
curfew hours especially for the minors
recreational or sports facilities to keep them busy as well as
the opening and maintenance of playgrounds and day care
centers.
f. Civic Associations of Adults
g.
Youth Association and Student Organization
h.
Youth association shall refer to any club,
organization or association of individuals below twenty-one
years of age which is directly or indirectly involved in carrying
out child or youth welfare programs and activities.
Child and Youth Welfare and the Samahan
Samahan shall refer to the aggregate of persons or
those responsible persons from the various sectors of the
community or those working in commercial, industrial and
agricultural establishments or enterprises belonging to labor
or management.
Its duties includes the following:
a. to prevent the exploitation of children in any employment
or
calling.
b. to help out of school youth to learn and at the same time
helping them to look for opportunities to engage in economic
self sufficient projects.
c. to provide work experiences, training and employment for
the youth.
Child and Youth Welfare and the State

The State shall have the obligation to assist the parents

in the proper upbringing of the child pursuant to its obligation.
Puericulture and similar centers
Juvenile welfare agencies
Child and youth welfare agencies
Orphanages and other similar institutions
Childrens recreational centers

Functions of the Puericulture and Health Centers

1.
Disseminate information concerning the health of
children and expectant nursing mothers
2. Provide consultation service and treatment
3. Provide guidance and special treatment to children
with physical handicaps.
4. Advise child welfare institutions on matters relating to
nutrition and hygiene.
No private person,
natural or juridical, shall establish,
temporarily or permanently, any child welfare agency without
first securing a license from the DSWD.
geographical area to be served
the children to be accepted for care
the services to be provided.
Grounds for the Revocation or
Suspension of License
1. the agency is being used for immoral purposes
2.
the agency is insolvent or is not financially stable to
support or maintain the children therein or to perform the
functions for it was granted license
3.
the children therein are being neglected or are
undernourished.
4. the place is so unsanitary making it unfit for children.
5. the agency is located in a place or community where
children should not be or would unduly expose children to crime,
vice, immorality, corruption or severe cruelty.
6. the agency has by any act or omission shown its
incompetence or unworthiness to continue acting as a child
welfare agency.
Child caring institution is one that provides twenty four resident
group care services for the physical, mental, social, and spiritual

self-being of nine or more mentally, gifted, dependent, abandoned,

neglected, handicapped, or disturbed children or youthful offender.

Detention Home is a twenty-four hour child caring institution

providing short term resident care for youthful offenders who
are awaiting court disposition of their cases or transfer to
other agencies or jurisdiction.
Shelter care institution is one that provides temporary
protection and care to children requiring emergency reception
as a result of fortuitous events, abandonment by parents,
dangerous conditions of neglect or cruelty on the home, being
without adult care because of crisis in the family or court order
holding them as material witnesses.
Child caring institution - provides twenty four hour resident
group care service for the physical, mental , social and
spiritual well being of mentally gifted, dependent, abandoned,
neglected , abused, handicapped, disturbed or youthful
offenders.
Receiving home are family type homes which provide
temporary shelter from ten to twenty days for children who
shall during this period be under observation and study for
eventual placement by the DSWD.
Nursery is a child caring institution that provides care for six
or more children below six years of age for all or part of twenty
four a day except those duly licensed to offer primary medical
and educational services.
Maternity home
is an institution of place of residence whose primary function
is to give shelter and care to pregnant women and their infants
before, during and after delivery.
Rehabilitation center is an institution that receives and
rehabilitates youthful offenders or other disturbed children
who have behavioral problems for the purpose of determining
the appropriate care for them or recommending their
permanent or rehabilitation in other child welfare agencies.
Child Placement Agency is an institution or person assuming
the care, custody, protection and maintenance of children for
placement in any child caring institution or home under the
care and custody of any persons or person for purposes of
adoption, guardianship or foster care.

Special Categories of Children

Dependent child is one who is without a parent, guardian or
other custodian for good cause desire to be relieved of his care
and custody and is dependent upon the public for support.
Abandoned child is one who had no proper parents care or
guardianship or whose parents or guardians have deserted him
for period of at least six continuous months.
Neglected child is one whose basic needs have been
deliberately unattended or inadequately attended. Neglect
may occur in two ways:
a.
There is a physical neglect when the child is
malnourished, ill clad and without proper shelter.
b.
Emotional neglect exists when the children are
maltreated, raped or seduced, when children are exploited,
over worried or made to work under conditions not conducive
to good health or are made to beg in the streets or public
places, or when the children are in moral danger or exposed to
gambling, prostitution, or other vices.
Mentally retarded children are those :
a.
socially incompetent, socially inadequate
and
occupationally incompetent and unable to manage their own
affairs.
b. mentally subnormal
c. retarded intellectually from birth or early age
d. mentally deficient as a result of constitutional origin
through hereditary or disease.
e. essentially incurable
Classification of Mental Retardation
1. Custodial group they are at least capable group
having an IQ of 1 to 25.
2. Trainable group - they are unable to acquire higher
academic skill but usually acquire the basic skill for living to a
reasonable degree and consist with an IQ from about 25 to 50.
3.
Educable group the degree of success of
accomplishment that they will reach in life depends upon the
quality and type of education they receive as well as on the
treatment at home and in the community, their IQs range from
about 50 to 75.
4. Borderline or low normal group they are the highest group
of mentally retarded with IQ from about 75 to 89.

5. Physically handicapped children are those who are

crippled, deaf mute, blind or otherwise defective which
restricts their means of action on communication with others.
6.Emotionally disturbed children are those who
although not afflicted with insanity or mental defect are unable
to maintain normal social relations with others and the
community in general due to emotional problems.
7. Mentally ill children are those with any behavioral
disorder, whether functional or organic which of such degree of
severity also require professional help or hospitalization.
Youthful Offender
- is a child, minor or youth, including one who is
emancipated in accordance with law, who is over nine years
but under eighteen years of age at the time of the commission
of the offense.
A child under nine years of age or under at the time
of the offense shall be exempt from criminal liability and shall
be committed to the care of his or her father or mother, or
nearest relative or family friend in the discretion of the court
and subject to its supervision.
- over nine years of age but under fifteen years of age, at
the time of the commission of the offense, unless he acted
with discernment, in which case he shall be proceeded to the
proper proceedings and the court shall determine the
imposable penalty.
Instead of pronouncing judgment of conviction, the court upon
application of the youthful offender and if it finds that the best
interest of the public as well as that of the offender will be
served thereby, shall suspend all further proceedings and shall
commit such minor to the care and custody of the DSWD, or to
any training institution operated by the government, or any
other reasonable person, until he shall reach twenty one years
of age or for a shorter period as the court may deem proper,
after consideration of the DSWD report
suspension of the sentence but the youthful offender has
behaved properly and has shown capability to be a useful
member of the community, even before reaching the age of
majority, upon recommendation of the DSWD, it shall dismiss
the case and order his final discharge.
REPUBLIC ACT 7610

An Act Providing for Stronger Deterrence and Special

Protection
Against
Child
Abuse,
Exploitation
and
Discrimination, Providing Penalties for Its Violations and for
Other Purposes
(Special Protection of Children Against Child Abuse,
exploitation and Discrimination)
Children refers to persons below eighteen years of age or
those over but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical mental disability or
condition.
Child Abuse refers to the maltreatment, whether habitual or
not, of the child which includes any of the following:
a. Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment.
b. Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a
human being.
c.
Unreasonable deprivation of his basic needs for
survival such as food and shelter
d. Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.
Circumstances which gravely threaten or endanger the
survival and normal
development of children:
a. armed conflict
b. working under hazardous conditions
c. living or fending for themselves in the streets of
urban or rural areas without the care of parents or a
guardian.
d. being a member of an indigenous cultural community.
Child Prostitution Children whether female or male, who for
money or profit or any other consideration or due to the
coercion or influence of any adult, syndicate or group, indulge
in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to
reclusion perpetua shall be imposed upon the following:
a. acting as a procurer of a child prostitute

b. inducing a person to be a client of a child prostitute by

means of written or oral advertisement or other similar means.
c.
taking advantage of influence or relationship to
procure a child as a prostitute
d. threatening or using violence towards
a child to engage him as a prostitute
e.giving monetary consideration, goods or other pecuniary
benefit to a child with the intent to engage such child in
prostitution
Attempt to commit prostitution - child is found alone inside a
room, hotel, motel, pension house, apartelle, vessel vehicle or
any other hidden or secluded area under circumstances which
would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.

Child Trafficking any person who shall engage in trading and

dealing with children including but not limited to the act of
buying and selling of a child for money, or for any other
consideration or barter, shall suffer the penalty of reclusion
perpetua
Attempt to commit child trafficking:
a. the child travels alone to a foreign country without
valid reason therefore and without clearance issued by the
DSWD or written permit from the childs parents or legal
guardian.
b. pregnant mother executes an affidavit of consent for
adoption for a consideration.
c.
a person, agency, establishment or child caring
institution recruits women or couples to bear children fro the
purpose of child trafficking. d. a doctor, hospital or clinic
official or employee, nurse, midwife, local civil registrar any
other person simulates birth for the purpose of child trafficking
e. a person engages in the act of finding children among
low income families, hospitals, clinics, nurseries, day care
centers, or other child caring institutions who can be offered
for the purpose of child trafficking.
-penalty lower by two degrees.
Children are declared as Zones of Peace.
It shall be the
responsibility of the State ad all other sectors concerned to resolve
armed conflict in order to promote the goal as zones of peace.

Complaints on cases of unlawful acts committed against

children maybe filed by the following:
a. offended party
b. parents or guardians
c. ascendant or collateral relative within
the third degree of consanguinity
d. officer, social worker or representative of a licensed child
caring institution
e. officer or social worker of the DSWD
f. barangay chairman
g. at least three concerned, responsible citizens where the
violation occurred
RA 9344 - Juvenile Justice and Welfare Act of 2006
It is the first law that protects the rights of child in
conflict with the law (CICL).
This provides them the opportunity and chance, thru alternative
child-friendly measures, to reform and be reintegrated into their
family and community as a productive members of society.
Juveniles in conflict with the law are victims of circumstances
beyond their control who should be treated as individuals with
a problem who need help and need to be provided with
appropriate assistance and services to ensure the full
protection of their rights for survival, protection, development
and participation
Best interest of the child 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 childs physical, psychological and emotional development.
the least detrimental available alternative for safeguarding the
growth and development of the child.
Child at Risk a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and
social circumstances.
Child in conflict with the law a child who is alleged as,
accused of, or adjudged as having committed an offense under
Philippine laws.
Community based programs provided in a community
settling developed for purposes of intervention and diversion,

as well as rehabilitation of the child in conflict with the law, for

reintegration into his/her family and/or community
Deprivation of Liberty- any form of detention or imprisonment
or to the placement of a CICL in a public or private custodial
settling from which the CICL is not permitted to leave at will by
order of any judicial or administrative authority.
Diversion alternative, child-appropriate process of determining the
responsibility, and treatment of a CICL on the basis of her/his social,
cultural, economic, psychological or educational background without
resisting to court formal proceedings.

Diversion program a CICL is required to undergo after he/she

is found responsible for an offense without resorting to formal
court proceedings.
Initial contact with the child apprehension or taking into
custody of a CICL by law enforcement officers or private
citizens.

Intervention series of activities which are designed to address

issues that caused the child to commit an offense.
Juvenile Justice and Welfare System - dealing with children at
risk and CICL, which provides appropriate proceedings,
including programs and services for prevention, diversion,
rehabilitation, rehabilitation, reintegration and aftercare and
to ensure their normal growth and development.
Status offense discriminate only against a child, while an
adult does not suffer any penalty for committing similar acts.
Curfew violations, truancy, parental disobedience.

Restorative Justice the appropriate way of resolving conflicts

with the maximum involvement of the victim, offender and the
community with the end goal of healing and reconciliation and
reintegration
of
the
offender
into
the
society.
Why raise the age of criminal exemption from 9 to 15 years
old?
15 years old is within the stage of adolescence the
transition age which is characterized by curiosity, try-outs and
identity crisis. These circumstances expose them to risky and

delinquent behavior.
At this age, children are not yet
emotionally stable and their social judgment has not yet
matured.
Will CICL who are criminally exempt just scot free?

No. The child will undergo an intervention program as agreed

with the social worker, or CICL and his/her family and the
victim.
The child and his/her family will regularly report to the social
worker and adhere to the agreed intervention program.

WHERE WILL VICTIMS OR PARTIES AGGRIEVED BY CICL SEEK

JUSTICE?
LAWS THAT PROTECT THE RIGHTS OF THE VICTIMS : RAs 7610,
9208, 9262
WHAT WILL HAPPEN TO CICL WHO COMMIT SUCH CRIME AS RAPE OR
MURDER
For those who are 15 yrs old and below and those above 15 yrs
but below 18 yrs who acted without discernment: They will undergo
an intervention program:
For those who above 15 yrs and who acted with discernment:

If the penalty has an imposable penalty of more than 6

yrs of imprisonment , the law provides that the child shall
undergo court proceedings. When brought to court, the
child maybe placed under suspended sentence and be
subjected to rehabilitation program. In no instance shall
the CICL be put on jail.
The child can also avail of the diversion program, if
qualified.

DIVERSION PROGRAMS
At the level of the Punong barangay:
Restitution of property
Reparation of the damage caused
Indemnification consequential damages
Written or oral apology
Care, guidance, and supervision orders
Counseling for the CICL and his/her family

Attendance in trainings and lectures

Anger management skills
Problem solving and /or conflict resolution skills
Values formation
Participation in available community based programs,
including community service
Participation in education, vocation and life skills programs
At the level of the law enforcement officers and prosecutor
Diversion programs
Confiscation and forfeiture of the proceeds or instruments of
the crime.
At the level of the appropriate court
Diversion programs
Written or oral reprimand or citation
Fine
Payment of the cost of the proceedings
Institutional care and custody
Would not the new law embolden children to commit more
crimes?
Preventive and developmental programs
Enforce and strengthened by LGUs
Divert childrens activities productive citizens
Prevent from exposure and commission of anti-social
behaviors.
CHILD SPECIFIC LAWS
Executive Order No. 51
National Code of Marketing of
Breast milk Substitutes, Breast milk Supplement and other
Related Products
Executive Order No. 56
- Authorizing the Ministry of Social
Services and development to take Protective Custody of Child
Prostitutes and Sexually Exploited Children
Executive Order No. 275 Creating a Committee for the
Special Protection of Children from all Forms of Neglect,
Abuse, Cruelty, exploitation, Discrimination and Other
Conditions Prejudicial to their Development.
Republic Act 6655
- Free Public Secondary Education Act of
1988

Republic Act 6728

- Government Assistance to Students and
Teachers in Private Education Act
Republic Act No. 6809
An Act Lowering the Age of
Majority from Twenty One to Eighteen years Amending for the
Purpose EO 209
Republic Act 6972
- Barangay Level Total Development and
Protection of Children Act
Republic Act 7323
An Act to Help Poor but deserving
Students Pursue their education by Encouraging their
Employment during Summer and/ or Christmas Vacation
Republic Act No. 7600
- The Rooming-in and Breastfeeding
Act of 1992
Republic Act No. 7624
An
Act
Integrating
Drug
Prevention and Control in the Intermediate Secondary
Curricula as well as in the Non-formal, Informal and Indigenous
Learning Systems
Republic Act No. 7658
An
Act
Prohibiting
the
Employment of Children Below 15 years of Age in Public and
Private Undertakings
Republic Act No. 7797
- An Act to Lengthen the School
Calendar from Two Hundreds days to Not more Than Two
Hundred Twenty Class days
Republic Act No. 7798
- Education Act of 1982
Republic Act No. 7846
An Act requiring Compulsory
Immunization against Hepatitis-B for Infants and Children
Below Eighteen Years Old
Republic Act No. 7880
Fair and Equitable Access to
Educational Act
Republic Act No. 8043
- Inter Country Adoption Act of 1995
Republic Act No. 8044
- Youth in Nation Building
Republic Act No. 8172
An Act for Salt Iodization
Nationwide (ASIN)
Republic Act No. 8296
An Act Declaring Every Second
Sunday of December as the National Childrens Broadcasting
Day.
Republic Act No. 8353
- Anti Rape
Law of 1997
Republic Act No. 8369
- Family Courts of 1997
Republic Act No. 8370
- Childrens Television Act of 1997

Republic Act No. 8552

- Domestic Adoption Act of 1998
PROCLAMATIONS ON CHILDRENS CONCERNS
Proclamation No. 46 Reaffirming the Commitment to the
Universal Child and Mother Immunization Goal by Launching
the Polio Eradication Project.
Proclamation No. 74 - Declaring the 17th Day of October of
Every Year as National Childrens Day
Proclamation No 267 - Declaring the Month of October of Every
Year as National Childrens Month.
Proclamation No 731 - Declaring the Second Week of February
of Every Year as national Awareness Week for the Prevention
of Child Sexual Abuse and Exploitation
Proclamation No 759 - Declaring the Fourth Week of March of
Every year as Protection and Gender Fair Treatment of the
Girl Child Week
Proclamation No 855 Proclaiming
the
Adoption
and
Implementation of the Philippine Program of Action for
Children in the 1990s
Executive Order No 340
Directing national government
Agencies and Government Owned and Controlled Corporations
to Provide day care Services for their Employees Children
under Five Years of Age
Executive Order No 393
Establishing the Sajid Bulig
Presidential Award for Heroism
RA 7277 - Magna Carta for Disabled Persons
RA 8425 - Social Reform and Poverty Alleviation Act
RA 8504 - Philippine AIDS Prevention and Control Act of
1998
RA 8505 - Rape Victim Assistance and Prevention Act of 1998
RA 8371 - The Indigenous Peoples Rights Act of 1997
JANE ADAMS
A Sociologist who was responsible for the creation of the First
American Juvenile Justice System.
Established in Illinois in 1899 and reform the Law by
separating the ways children and adults were treated by
Criminal Law.

Her goal with the juvenile court movement was to prevent

children from being abused by the adult criminal justice
system.
Her work had long reaching effects because 22 states had
adopted juvenile justice within 10 years of the first one going
onto the books in Illinois.

LEGACY OF JANE ADAMS

The founding of Hull House, one of the original settlement
houses in the U.S., providing social services to disadvantaged
people in Chicago.
Successful passage of first child-labor laws in illinois
Creation of the first juvenile court in the U.S.
First president, Womens International League for Peace and
Freedom