REVIEW NOTES

JUVENILE DELINQUENCY AND CRIME PREVENTION

PREPARED BY:
AMBROSIO P. DETRAN

A. Important Events, Dates and Personalities

Code of Hammurabi – Oldest known code for thousand years ago dating from 2270 B.C. discussed
runaways, children who disowned their parents and sons who cursed their father are severely being punished.
Roman Law and Canon (Church) law – Approximately two thousand years ago, made distinction
between juveniles and adults based on the notion “age of responsibility”
Ancient Jewish Law – “The Talmud” specified condition under which immaturity was to be considered
in imposing punishment. There was no corporal punishment prior to puberty, which was considered to be the
age of twelve for females and thirteen for males. No capital punishment was to be imposed on those offenders
under twenty years of age. Similar leniency was found among Moslems, were children under the age of
seventeen were typically exempt from the death penalty.
Codification of Roman Law – In fifth century B.C this law resulted in the “Twelve Tables”, which made
it clear that children were criminally responsible for violation of law and were to be dealt with by same criminal
justice system as adults.
Originally, only those children who were incapable of speech were spared under Roman law but
eventually immunity was afforded to all children under the age of seven as the law came to reflect an increasing
recognition of the stages of life. Children came to be classified as “infans,” “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 or Roman history, “infantia” meant the inability to speak, but in the fifth century A.D. this
age as fixed at seven years and children uner that age 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 in criminally
liable. For children between the ages seven and puberty, liability was based on their capacity to understand the
difference between right and wrong.
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 (Blackstone 1803, 22-24). Children over
fourteen were treated much the same as adults.
Chancery or equity courts – 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. 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.
Law of King Aethelstan (924-939 A.D) – Old English law provided penalties for children. Any thief
over 12 years old received a punishment of death if he stole more than 12 pence, (later the amount was reduced
to 8 pence). However, with the passage of time the law was eased for children, and no one under sis teen years
could be put to death unless he resisted or run away.
Statute of Artificers (1562) – Stated that children of paupers could be involuntarily separated from their
parents and apprenticed to others.
Poor Law Act of 1601 – Provided for involuntary separation of children from their impoverished
parents, and these children were then placed in bondage to local residents as apprentices.
Statute of Artificers and Poor Law Act of 1601 were placed in bondage to local residents as apprentices.
City Custom Of Apprentices – This was established in London to settle disputes involving apprentices
who were unruly or abused by their masters in an attempt to punish appropriate parties. When an apprentice
was found to be at fault and required confinement, he or she was segregated from adult offenders. Those in
charge of the City Custom of Apprentices attempted to settle disputes confidentially so the juveniles involved
were not subjected to public shame or stigma.
Through out the 1600 and most of 1700s – Juvenile offenders in England were sent to adult prisons,
although they were at times kept separate from adult offenders.

A.P. DETRAN 1
 Pope Clement XI – In 1704 in Rome, established the Hospital of St. Michael’s, the first institution for
the treatment of juvenile offenders.
The stated purpose of the hospital was to correct and instruct unruly youth so they might become useful
citizens.
Robert Young – In 1788 established the first private, separate institution for youthful offenders in
England.
The goal of the institution was to educate and instruct in some useful trade or occupation the children of
convicts or such other infant poor as engaged in a vagrant and criminal course of life.
Albert K. Cohen – The first man who attempted to find out the process of beginning of the delinquent
subculture.
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.

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

THEORIES OF DELINQUENCY

Theory Proponent Main Idea

SOCIAL CLASS
THEORIES
Social Disorganization Clifford Shaw and Henry Mckay * disorganized areas cannot exert social
Theory 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.
Anomie Theory Emile Durkheim breakdown of social norms; 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.
Strain Theory Robert Merton This 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.
Differential Opportunity Richard Cloward and Lloyd Delinquent subcultures flourish in the
Theory Ohlin lower-classes and take particular forms so
that the means for illegitimate success are no
more equally distributed than the means for
legitimate success.
Class Conflict Theory Richard Quinney and William Fundamental causes of crime are the
Chambliss 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.
Differential Oppression John D. Hewitt and Robert Much serious juvenile delinquency is a
Theory Regoli product of the oppression of children by
adults, particularly within the context of
family.

A.P. DETRAN 2
INTERPERSONAL
THEORIES
Differential Association
Theory
Social Learning Theory
SITUATIONAL
THEORIES
Drift Theory (Neutralization
Theory)
SOCIETAL REACTION
THEORIES
Labeling Theory
CONTROL THEORIES
Social Control Theory
Self-derogation Theory
Interactional Theory
Self-control Theory
OTHER THEORIES
Culture Deviance Theory
Edwin Sutherland Asserts that criminal behavior is learned
primarily within interpersonal groups and
that youths will become delinquent if
definitions they have learned favorable to
violating the law exceed definitions favorable
to obeying the law within the group.
This theory view that behavior is modeled
through observation, either directly through
intimate contact with others, or indirectly
through media; interactions that are rewarded
are copied, where as those that are punished
are avoided.
David Matza and Gregsham Juveniles develop a distinct set of
Skykes justifications for their behavior when it
violates accepted social rules and norms.
These neutralization techniques allow youths
to drift away from the rules of the normative
society and participate in delinquent
behaviors
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
behaviors are detected, the offenders will be
given a negative label that can follow them
throughout life.
Travis Hirschi Members in society form bonds with
other members in society or institution in
society such as parents, pro-social friends,
churches, schools, teachers, and sports teams.
Juvenile delinquents failing to form the same
bonds and creating the same level of social
capital as law abiding citizen is prone to
engage in criminal activity due to deficiency
in their socialization.
Kaplan All are motivated to maximize our self-
esteem, motivation to conform will be
minimized by family, school and peer
interactions that devalue our sense of self,
interactions and behavior may be self-
defacing or self-enhancing.
Terrence Thornberry Weakening of a child’s social bond as the
fundamental cause of delinquency.
Deviance simply results from the
individual’s inability to effectively control
his/her impulses.
Children learn deviant behavior socially
through exposure to others and modeling of
others action.
A.P. DETRAN 3
Structural Functionalism Juveniles who engage in crimes do so as a
Theory means to defy societies defined goals and
innovate their own goals of delinquent
behavior

Rational Choice Theory They argue in many cases, deviance is a

Routine Activities theory
Learning Theory
result of highly calculation of risks and
awards. Prospective deviants weigh their own
chance of gain against the risk of getting
caught, and thereby decide a course of action.
Lawrence Cohen and Marcus Criminal opportunity is significantly
Felson influenced by the victim’s lifestyle and
behavior. The greater the opportunity for
criminals and victims to interact, the greater
the probability of crime; reduce interaction
the opportunity for crime to decline.
delinquency is learn through close
relationships with others; it asserts that
children are born ”good” and learn to be
“bad” from others.

Nature of Delinquency
Stages of Delinquency
a. Emergence. The child begins with petty larceny between 8 and sometime during the 12th year
b. Exploration. He then may move on to shoplifting and vandalism between ages 12 to 14.
c. Explosion. At age 13, substantial increase in variety and seriousness.
d. Conflagration. At around 15, four or more types of crime are added.
e. Outburst. Those who continue on adulthood will progress into more sophisticated or more violent
forms of criminal behavior.
Pathway to Delinquency
a. Authority-conflict Pathway. Begins at early age with stubborn behavior. This leads to defiance and
then to authority avoidance.
b. Covert Pathway. Begins with minor, underhanded behavior that leads to property damage. This
behavior eventually escalates to more serious form of criminality.
c. Overt Pathway. Escalates to aggressive acts beginning with aggression and leading to physical
fighting and then to violence.
Categories of Status Offenses
A. Truancy – a pattern of repeated or habitual unauthorized absences from school by any juvenile
subject to compulsory education laws.
B. Repeated disregarding or misuse of lawful parental authority
C. Repeated running away from home
D. Repeated use of intoxicating beverages
E. Delinquent acts committed by a juvenile younger than 9 years of age.
Classification of delinquency
A. Unsocialized Aggression – Rejected or abandoned, no parents to imitate and become aggressive.
B. Socialize Delinquency – Membership of fraternities or groups that advocate bad things.
C. Over-inhibited – Group secretly trained to do illegal activities, like marijuana cultivation.
Juvenile Delinquency Tendencies
A. Malicious – Expression of defiance
B. Negativistic – Changeable attitudes like not being satisfied in status.
C. Non-utilitarian – Vandalistic attitude like graffiti.
D. Hedonistic – Doing bad thing for pleasure.
B. Types of Delinquents
1. Occasional Delinquents – these delinquents participate in a group. They have common or similar
characteristics. They are “pro-social” (They do what other are doing).
2. Gang Delinquents – Generally commits the most serious infractions, is most often sent to a
correctional institution, and most often continuous in a pattern of semi-professional criminal
behavior as an adult.
3. Maladjusted Delinquents – The activity stems from personality disturbance rather than gang activity
or slum residence. They are having “weak ego” “the asocial”, experienced early and severe
A.P. DETRAN 4
 parental rejection. They have poor personal relations and suffer general social isolation. They are
disorderly, confused and not dependable with pathological disturbances.

CAUSATION OF DELINQUENCY
A. Family and Delinquency
1. Family Structure
a. Family size
b. Child’s Birth Order in the Family
2. Relations Between Parents and Children
a. Family Rejection
b. Discipline in the Home
B.1 Family Model
a. The Corporate Model
b. The Team Model
c. The Military Model
d. The Boarding School Model
e. The Theatrical Model
3. Quality of Home
a. Broken Home
b. Single Parent family
B. School and Delinquency
1. Poor Academic Performance
1. Social Class
2. Tracking - is dividing students into groups according to their ability and achieving levels.
3. Student Alienation- is the feeling of separation and distance from mainstream society
C. Adolescence, Peer and Delinquency
1. Three version of Peer-Delinquency Relationship
a. Antisocial Adolescents
Seeks like-minded peers for criminal association. If delinquency is committed in groups,
it is because “birds of the same feather flock together” and not because deviant peers cause
otherwise law-abiding youths to commit a crime.
b. Social Kids
The delinquency experience marked by close peer group support. Kids who maintain
friendship with antisocial friends are more likely to become delinquent regardless of their own
personality makeup of the type of supervision they receive at home.
c. Interactive Kids
Peers and delinquency are mutually supporting. As children move through the life course,
friends will influence their behavior and their behavior will influence heir peers.
2. Delinquent Peers
A. Gangs
Joan Moore suggest broader definition of gangs: They are a friendship group of adolescents who
share common interests, with more or less clearly defined territory, in which most of the members live.
They are committed in defending one another, the territory, and the gang name in the status-setting fights
that occur in school and on the streets.
1. Characteristics of Gang
a. Organization - creation of an administrative body.
b. Leadership – gangs have established leaders, like militaristic or mafia style model – the top
authority positions analogous to that of the highest ranking officer in a military unit, rule by force by the
leader who is usually older, stronger and reversed by gang members.
c. Turf – Particular territory or neighborhood crossing turf boundaries and entering another gang
territory.
d. Cohesiveness – share privacies with one another than their non-delinquents to believe they can
trust their friends and have their trust on their friends.
e. Purpose – delinquent gangs have been typically though to exist for the purpose of committing
offense.

A.P. DETRAN 5
 MARRIAGE
A. Two Aspects of Marriage
1. It is a special contract
2. It is a status or a relation or an institution. As a status, the principle in contracts that the parties
may, by mutual agreement, put an end to it, cannot certainly apply, for the consequences of the marriage
are fixed by law.
B. Marriage as a UNION or STATUS
It is the union of one man with one woman for the reciprocal blessings of a domestic home life,
and for the birth, rearing and education of children. In one case the Supreme Court ruled that marriage is
also a new relation in the maintenance of which the general public is interested.
Under the Family Code, the purpose of marriage is the establishment of conjugal and family life.
Under the Constitution, “marriage as an inviolable social institution, is the foundation o the
family and shall be protected by the State”.
Under the Muslim Code, marriage has a different concept in that a Muslim can have as many as
four wives at a time, provided, he can give equal companionship and equal treatment.
C. 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.
D. Marriage distinguished from ordinary contracts

Marriage Ordinary contract

1. both a contract and a Merely a contract
social institution

2. generally, stipulations are Stipulations are generally fixed by

fixed by law the parties

3. can be dissolved only by Can be ended by mutual agreement

death or annulment, not by and by other legal causes
mutual agreement

E. Essential Requisites of Marriage

1. Legal capacity of contracting parties who must be male and a female.
2. Consent freely given in the presence of the solemnizing officer.
F. Formal Requisites of Marriage
1. Authority of Solemnizing Officer
2. Valid marriage license
The license shall be valid in any part of the Philippines for a period of one hundred
twenty days from the date of issue, and shall be deemed automatically cancelled at the
expiration of said period if the contracting parties have not made use of it.
No marriage license shall be issued to a widow after three hundred days following the
death of her husband, unless in the meantime she has given birth to a child. he purpose ids to
prevent doubtful paternity.
3. A marriage ceremony. It shall be held with the appearance of the contracting parties before the
solemnizing officer and their personal declaration that they take each other as husband and wife in the
presence of not less than two witnesses.
* The absence of any of the essential or formal requisites shall render the marriage void ab initio.
* A defect in any of the essential requisites shall render the marriage voidable.
* An irregularity in the formal requisites shall not affect the validity of the marriage but the party
or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

G. Some Other Consequences of Marriage

 1. Marriage emancipates a person from parental authority as to person. As to property, there is an
incomplete emancipation.
2. A husband and a wife can chastise or reprimand each other, but may not inflict force, except
when either catches the other in the act of sexual intercourse with a stranger.
3. The Marriage Privilege Rule. A husband cannot be examined for or against his wife without
her consent; or the wife against her husband without his consent, except in civil cases by one against the
other, or in a criminal case for a crime committed by one against the other.
4. The Marital Communication Rule. The husband or wife during the marriage or afterwards,
cannot be examined without the consent of the other as to any communication received in confidence by
one from the other during the marriage.
5. A wife should use the husband’s surname.
B. Void and Voidable Marriage
1. Marriages that are Void from the Beginning

Void Voidable
a. can never be ratified a. Can generally be ratified by
free cohabitation
b. always void b. valid until annulled

c. can be attacked c. cannot be assailed collaterally;

directly or there must be a direct proceeding
collaterally

d. there is no conjugal d. there is conjugal partnership

partnership
3. Impediments in marriage
a. Diriment Impediment. They make the marriage void.
b. Prohibitive Impediment. They do not affect the validity of marriage, but criminal prosecution
may follow.
c. Absolute Impediment. Here the person cannot marry at all.
d. Relative Impediment. Here the prohibition is only with respect to certain persons.
C. Annulment and Legal Separation
A. Grounds for Annulment of marriage
1. Non-age
2. Unsoundness of mind.
3. Fraud.
4. That the consent was obtained by force, intimidation or undue influence.
5. That either party was physically incapable of consummating the marriage with the other, and
such incapacity continues and appears to be incurable
6. That either party was afflicted with a sexually transmissible disease found to be serious and
incurable.
* Note that in general, the period for annulment of marriage is five years.

B. Legal Separation
A. Two kinds of Divorce
1. Absolute divorce – Marriage is dissolved.
2. Relative divorce or Legal Separation – Marriage is not dissolved; here, the parties are
merely separated from bed and board
B. Grounds for legal Separation
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner.
2. Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation.
3. Attempt of the respondent to corrupt or induce the petitioner, a common child, or a
child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.
4. Final judgment sentencing the respondent to imprisonment of more than six years,
even if pardoned.
5. Drug addiction or alcoholism of the respondent

A.P. DETRAN 7
 6. Lesbianism or homosexuality of the respondent
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad
8. Sexual infidelity or perversion
9. Attempt by the respondent against the life of the petitioner
10. Abandonment of the petitioner by respondent without justifiable cause for more than
one year.
An action for legal separation shall in no case be tried before six months shall have elapsed since
the filing of the petition. This is to enable the parties to cool-off
C. Distinction between annulment and legal Separation

Annulment Legal separation

a. the marriage is defective at the a. there was no defect in the
very beginning marriage at the beginning

b. the cause for annulment must be b. the cause for legal separation
already existing at the time of arises after the marriage celebration
marriage

c. there are seven grounds for c. there are ten grounds for legal
annulment separation

d. annulment dissolves the marriage d. the marriage remains

bond; the parties are free to marry
again

D. Paternity and Filiations

Filiations is the judicial determination of paternity which is the relation of child to father. The filiation of
children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate.
1. Distinction between Paternity and Filiations
While paternity is the civil status relationship of the father to the child, filiation is the civil status
or relationship of the child to the father.
2. Legitimate Child - One conceived or born during the marriage of the parents. Legitimacy of a child
may be impugned only on the following grounds:
3. Illegitimate Child - One who was conceived and born outside a valid marriage.
4. Legitimated Child - An illegitimate child who has given the rights of a legitimate child
E. 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.
Generally, only minors are adopted, except in cases when the adoption of a persons of majority
age is allowed.
Legitime
a. The legitime of each legitimate child is half of the parents state divided by the number
of children. The legitime must always be given unless the child is validly disinherited for a legal
cause. The free portion of the property may also be given to the children to any of them.
b. If the child dies ahead of his father, the heir of the child can get the child’s legitime
from the father’s estate in the testamentary succession.
F. Parental Authority (Patria Potestas)
It is the sum total of the right of parents over the persons and property of their children.
In case of absence or death of either parent, the parent present shall continue exercising parental
authority.
In case of separation of parents, parental authority shall be exercised by the parent designated by
the court. The Court shall take into account all relevant consideration, especially the choice of the child
over seven years of age, unless the parent chosen is unfit.
In case of death, absence or unsuitability of the parents, parental authority shall be exercised by
the following in the order indicated: 1) the surviving grandparent; 2) The oldest brother or sister, over

A.P. DETRAN 8
 twenty-one years of age, unless unfit or disqualified; and 3) the child’s actual custodian over twenty-one
years of age, unless unfit of disqualified.

LAWS ON JUVENILE DELINQUENCY

PRESIDENTIAL DECREE 603

The Presidential Decree (PD) 603 is known as the Child and Youth Welfare Code. The Decree
was signed by his Excellency President Ferdinand Marcos on December 10, 1974 and took effect on
June 10, 1975.
A. Dependent, Abandoned and Neglected Children
1. Dependent Child. One who is without a parent, guardian or custodian, or one whose parents, guardian
or other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the
public for support.
2. Abandoned Child. One who has no proper parental care or guardianship, or whose parents or
guardians have deserted him for a period of at least six continuous months.
3. Neglected Child. One whose basic needs have been deliberately unattended or inadequately attended.
Neglect may occur in two ways:
a. Physical Neglect – when child is malnourished, ill clad and without proper shelter.
b. Emotional Neglect – when children are maltreated, raped or seduced; when children are
exploited. Overworked or made to work to conditions not conducive to good health; made to beg in the
streets or public places, when children are in moral danger or exposed to gambling, prostitution and
other vices.
B. 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:
a. Involuntary commitment, in a 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.
C. Mentally Retarded, Physically Handicapped, Emotionally Disturbed and Mentally Ill Children
1. Mentally Retarded Children
a. Socially incompetent, that is socially inadequate and occupationally incompetent and unable to
manage their own affairs.
b. mentally subnormal
c. retarded intellectually from birth or early age
d. retarded at maturity
e. mentally deficient as a result of constitutional origin, through heredity or disease
f. essentially incurable
2. 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 to 25.
b. Trainable Group. Members of this group consists of those with I.Q. from about 25 to about 50;
one who belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of
average child. Is unable to acquire higher academic skills but can usually acquire the basic skills for
living to a reasonable degree. He can likewise attain a primary grade level of education if he receives
effective instructions.
c. Educable Group. This group’s 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 very much 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 IQs
from about 75 to about 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.
3. Physically Handicapped Children. Are those who are crippled, deaf-mute, blind or otherwise defective
with restricts their means of action or communication with others.
4. Emotionally Disturbed Children. 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 or
complexes.
A.P. DETRAN 9
 5. Mentally Ill Children. Are those with behavioral disorder, whether functional or organic, which is of
such degree of severity as to require professional help or hospitalization.
6. Disabled Children. Shall include mentally retarded, physically handicapped, emotionally disturbed
and severe mentally ill children.

REPUBLIC ACT 7610

Republic Act 7610 otherwise known as Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act was approved on June 17, 1992.
A child refers to a person below eighteen (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.
Child abuse is an act of deliberately inflicting physical injuries upon a child. 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 with the dignity of the child
as human being is also considered as an abuse.
1. Types of Child Abuse
a. Physical Abuse/Maltreatment – 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, slap with full hands, kicking, inflicting burns, suffocating, pinching,
punching, shaking, hanging and other similar acts. Also known as child battering.
b. Psychological abuse – 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. Child Neglect – Any unreasonable deprivation of child’s basic needs such as food, clothing,
shelter, education, medical and general care and supervision by parents, guardians or custodians and
when they are forced to assume duties that are not appropriate to their age and physique.
d. 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, prostitution or
incest with children.
e. Sexual Exploitation – 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, to 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.
f. Child Labor Exploitation - the 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, dockworks, lifting,
handling and carrying heavy loads as enumerated in DOLE Department Order No. 4.
g. Child Trafficking - the act of engaging 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.
Attempt to commit child trafficking include the following:
 When a child travels alone to a foreign country without reason therefore and
without clearance issued by the DSWD or written permit or justification from the child’s parents
or legal guardian;
 When a pregnant mother executes an affidavit or consent for adoption for a
consideration;
 When a person, agency, establishment or child caring institution recruits women or
couples to bear children for child trafficking;
 When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purposed of child trafficking;
 When 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;
 Recruitment of children for illegal employment.
A.P. DETRAN 10
2. Child Abuser
A child abuser is any person regardless of age, sex, race, creed or color who deliberately commits or
perpetuates any acts defined as constituting child abuse.
A. Types of Abuser
1. Parentally Incompetent Abuser
2. Situational Abuser
3. Accidental Abuser
4. Sub-cultural Abuser
5. Self-identified Abuser
6. Institutionally Prescribed Abusers
3. Disclosure of abuse and neglect
Sometimes children will tell you directly that they are being abused or neglected. Sometimes they use
indirect ways to tell you, through art, writing or hints which is known to be as disclosures.
A. Two ways of Disclosure
1. 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. Research indicates that children
tell their story many times before action is taken. You should respond to a child’s disclosure of abuse or
neglect with an open mind and a willingness to believe them
2. Indirect Disclosure – sometimes children do not tell others directly but use indirect methods of
communicating about their abuse or neglect. These includes their behaviors, emotions, art, writing,
appearance, inquiries, discussion of fears, concerns or relationship. Children also divulge information
through indirect statements, made with conditions or third party statements.
4. Child Abuse Prevention
A. Primary Prevention – refers to program aimed at eliminating the root causes of abuse and violence
within our society.
B. Secondary Prevention – refers to step/measures to keep a child safe from abuse and exploitation.
C. Tertiary Prevention – refers to the actions to be taken in a situation where a child has alredy been
abused to prevent the recurrence of the same acts.

Republic Act 7658

Act Prohibiting the Employment of Children below 15 years of age in Public and Private Undertakings.
This law was approved on November 9, 1993 and took effect on November 24, 1993. This law specifically
emended Section 12, Article VIII of RA 7610.
1. Children below fifteen (15) years of age shall not be employed except:
a. When a child works directly under the sole responsibility of his parents or legal custodian and
where only members of the employer’s family are employed. Provided however, that his employment
neither endangers his life, safety, health and morals, nor impair his moral development. The parent or legal
guardian shall provide that said child with the prescribed primary and/or secondary education.
b. Where a child’s employment or participation in public entertainment or information through
cinema, theater, radio or television is essential but the employment contract is concluded by the child’s
parent or legal guardian, with the express agreement of the child concerned, and if possible the approval of
Department of Labor and Employment (DOLE). In addition, it the following requirements in all instances
are strictly complied with:
1. The employer shall ensure the protection, health, safety, morals and normal
development of the child.
2. The employer institute measures to prevent the child’s exploitation or discrimination
taking into account the system and level of remuneration and the duration and arrangement of
working hours
3. The employer shall implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skills acquisition of the child.
If the above exceptional cases where any such child may be employed, the employer shall first secure,
before engaging the child, a work permit from the Department of labor and Employment which ensure
observance of the above requirements.
A.P. DETRAN 11
 REPUBLIC ACT 8369
Republic Act 8369 is otherwise known as the Family Court Act of 1997. This is an Act
Establishing Family Courts, granting them exclusive original jurisdiction over child and family cases.
A. Jurisdiction of Family Courts
The Family Courts shall have the exclusive original jurisdiction to hear and decide the following
cases:
1. Criminal cases where one or more of the accused is below 18 years of age but not less than 9 years
of age, or where one or more of the victims is a minor at the time of the commission of the offense.
Provided, that if the minor is found guilty, the court shall promulgate sentence and ascertain any civil
liability which the accused may have incurred. The sentence, however, shall be suspended without need of
application pursuant to PD 603 otherwise known as the Child and Youth Welfare Code.
2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
3. Petitions for adoption of children and the revocation thereof;
4. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to
marital status and property relations of husband and wife or those living together under different status and
agreements, and petitions for dissolutions of conjugal partnership in gains;
5. Petitions for support and or acknowledgment;
6. Summary judicial proceedings brought under the provisions of Executive Order 209 otherwise
known as the Family Code of the Philippines;
7. Petitions for declarations of status of children as abandoned, dependent or neglected children,
petitions for voluntary and involuntary commitment of children, the suspension and termination or
restoration of parental authority and other cases cognizable under PD 603, EO 56 (series of 1986), and other
elated laws;
8. Petitions for the constitution of the family home;
9. Cases against minor cognizable under Dangerous Drugs Act as amended;
10. Violations of RA 7610, otherwise known as the Special Protection of Children Against Child
Abuse , Exploitation and Discrimination Act as amended by RA 7658; and
11. Cases of Domestic violence against:
a. Women – which are acts of gender based violence that result, or are likely to result in physical,
sexual or psychological harm or suffering to women, and other forms of physical abuse such as battering
or threats or coercion which violate a woman’s personhood, integrity and freedom of movement; and
b. Children – which include the commission of all forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other conditions prejudicial to their development.
B. Instances when Family Court may Issue special Provisional Remedies
1. In cases of violence among immediate family members living in the same domicile or household,
the Family Court may issue a restraining order against the accused or defendant upon a verified application
by the complainant or the victim for relief from abuse.
2. The court may order the temporary custody of children in all civil actions for their custody. The court
may also order support pendente lite, including deduction from the salary and use of conjugal home and
other properties in all civil actions for support.
C. Appeals
Decisions and orders of the courts shall be appealed in the same manner and subject to the same
conditions as appeals from the ordinary Regional Trial Courts.
D. Absence of Family Courts
The court that shall hear and decide cases falling under the jurisdiction of Family Courts in those places
where the said court has not been established is the Regional Trial Court of the place where the case is
pending.

A.P. DETRAN 12
 Republic Act No. 9344
“Juvenile Justice and Welfare Act of 2006.”

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM,

CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF
JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

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

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

Deprivation of Liberty refers to any form of detention or imprisonment, or to the placement of a child in
conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not
permitted to leave at will by order of any judicial or administrative authority.

Diversion refers to an alternative, child-appropriate process of determining the responsibility and treatment of a
child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings.

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

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

Intervention refers to a series of activities which are designed to address issues that caused the child to commit
an offense.

Juvenile Justice and Welfare System refers to a system dealing with children at risk and children in conflict
with the law, which provides child-appropriate proceedings, including programs and services for prevention,
diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.

Law Enforcement Officer refers to the person in authority or his/her agent as defined in Article 152 of the
Revised Penal Code, including a barangay tanod.

Restorative Justice refers to a principle which requires a process of resolving conflicts with the maximum
involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim;
reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can
be reintegrated into society. It also enhances public safety by activating the offender, the victim and the
community in prevention strategies.

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

Minimum Age of Criminal Responsibility.

(a) – A child fifteen (15) years of age or under at the time of the commission of the offense shall be
exempt from criminal liability.
(b) A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability, unless he/she has acted with discernment.

A.P. DETRAN 13
 The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.

Juvenile Justice and Welfare Council (JJWC) – A Juvenile Justice and Welfare Council (JJWC) is hereby
created and attached to the Department of Justice and placed under its administrative supervision. The JJWC
shall be chaired by an undersecretary of the Department of Social Welfare and Development.

Community-based Program on Juvenile Justice and Welfare.

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

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

Objective of Rehabilitation and Reintegration. – The objective of rehabilitation and reintegration of children in
conflict with the law is to provide them with interventions, approaches and strategies that will enable them to
improve their social functioning with the end goal of reintegration to their families and as productive members
of their communities.

Female Children. – Female children in conflict with the law placed in an institution shall be given special
attention as to their personal needs and problems. They shall be handled by female doctors, correction officers
and social workers, and shall be accommodated separately from male children in conflict with the law.

Status Offenses. – 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.

Offenses Not Applicable to Children. – Persons below eighteen (18) years of age shall be exempt from
prosecution for the crime of vagrancy and prostitution, mendicancy, and sniffing of rugby, such prosecution
being inconsistent with the United Nations Convention of the Rights of the Child: Provided, That said persons
shall undergo appropriate counseling and treatment program.

Prohibition Against Labeling and Shaming. – In the conduct of the proceedings beginning from the initial
contact with the child, the competent authorities must refrain from branding or labeling children as young
criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names.
Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child’s class
or ethnic origin.

Other Prohibited Acts. – The following and any other similar acts shall be considered prejudicial and
detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the
child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary
confinement;
(c) Employment of degrading, inhuman and cruel forms of punishment such as shaving the heads, pouring
irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing him/her
to walk around the community wearing signs which embarrass, humiliate, and degrade his/her personality and
dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances.

Violation of the Provisions of this Act or Rules or Regulations in General. – Any person who violates any
provision of this Act or any rule or regulation promulgated in accordance thereof shall, upon conviction for each
act or omission, be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more than
Fifty thousand pesos (P50,000.00) or suffer imprisonment of not less than eight (8) years but not more than ten
(10) years, or both such fine and imprisonment at the discretion of the court, unless a higher penalty is provided
for in the Revised Penal Code or special laws. If the offender is a public officer or employee, he/she shall, in
A.P. DETRAN 14
addition to such fine and/or imprisonment, be held administratively liable and shall suffer the penalty of
perpetual absolute disqualification.

Republic Act No. 9262

Anti-Violence Against Women and Their Children
Act of 2004
(Promulgated March 08, 2004)

"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 relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate.
"Physical Violence" refers to acts that include bodily or physical harm;
"Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child.
"Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of
the victim
"Economic abuse" refers to acts that make or attempt to make a woman financially dependent
"Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and
psychological or emotional distress.
"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.
"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 or a
combination thereof.
"Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship.
"Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.
"Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD
for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the
victim.

Acts of Violence Against Women and Their Children

(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Threatening to deprive or actually depriving the woman or her child of custody to her/his family
(f) Depriving or threatening to deprive the woman or her children of financial support legally due her or
her family, or deliberately providing the woman's children insufficient financial support;
(g) Depriving or threatening to deprive the woman or her child of a legal right;
(h) Preventing the woman from engaging in any legitimate profession, occupation, business or activity
or controlling the victim's own money or properties, or solely controlling the conjugal or common
money, or properties;
(i) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions
or decisions;
(j) Causing or attempting to cause the woman or her child to engage in any sexual activity which does
not constitute rape, by force or threat of force, physical harm, or through intimidation directed
against the woman or her child or her/his immediate family;
(k) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child.
(l) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or
custody of minor children or access to the woman's child/children.

A.P. DETRAN 15
Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction
over cases of violence against women and their children under this law.
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.
Barangay Protection Orders (BPOs) issued by the Punong Barangay ordering the perpetrator to desist from
committing acts. A Punong Barangay who receives applications for a BPO shall issue the protection order to the
applicant on the date of filing after ex parte determination of the basis of the application. BPOs shall be
effective for fifteen (15) days.

Temporary Protection Orders. – 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.
Act and shall be effective for thirty (30) days.
Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the
court after notice and hearing.
Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in
capital letters on the protection order issued by the Punong Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
Public Crime. – Violence against women and their children shall be considered a public offense which may be
prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances
involving the commission of the crime.
Battered Woman Syndrome as a Defense. – 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.
Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-altering
substance shall not be a defense under this Act.
Persons Intervening Exempt from Liability. – In every case of violence against women and their children as
herein defined, any person, private individual or police authority or barangay official who, acting in accordance
with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety
of the victim, shall not be liable for any criminal, civil or administrative liability resulting there from.
Confidentiality. – 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.

OTHER LAWS RELATED TO JUVENILE

A. Health Laws:
1. E.O No. 51- National Code of Marketing of Breast milk Substitutes, Breastmilk Supplement and
Other Related Products.
2. R.A. No. 7600 – The Rooming-In and Breastfeeding Act of 1992. Child to be placed on the side
of the mother for better relationship.
3. R.A. No. 7846 – An Act of Requiring Compulsory Immunization against Hepatitis-B for Infants
and Children Below Eight years old
4. R.A. No. 8172 – An Act for Salt Iodization Nationwide (ASIN)
5. R.A. No. 8370 – Children’s Television Act of 1997 (violent x-rated films)
6. R.A. No. 8504 – Philippine AIDS Prevention and Control Act of 1998
Proclamation no. 46
Reaffirming the Commitment to the Universal child and mother immunization goal by
launching the polio eradication project.

B. Educational Laws:
1. R.A. No. 6655 – Free Public Secondary Education Act 1988
2. R.A. No. 6728 – Government Assistance to Students and Teachers in private Education Act.
3. R.A. No. 7323 – An Act to Help Poor but Deserving Students Pursue their Employment during
Summer and /or Christmas Vacations

A.P. DETRAN 16
 4. R.A. No. 7797 – An Act to Lengthen the School Calendar from Two Hundred (200) Days to Not
More Than Two Hundred Twenty (220) Class days
5. R.A. 7798 – An Act Amending Section 25 of Batas Pambansa Blg. 232, otherwise known as
“The Education Act of 1982”
6. R.A. No. 7880 – Fair and Equitable Access to Education Act.
7. E.O. No. 340 – Directing National Government Agencies and Government-owned and
Controlled Corporations to Provide Day-Care Services for the Employee’s Children under Five
Years of Age.
8. R.A. No. 7277 – Magna Carta for Disabled Persons
9. R.A. No. 6809 – An Act Lowering the Age of Majority from Twenty One (21) to Eighteen (18)
Years Amending for the Purpose E.O. No. 209, and for other purposes.
10. R.A. No. 7658 – An Act Prohibiting the Employment of Children below 15 years of Age in
Public and Private Undertakings.

Laws for the Protection of Children:

1. E.O. No. 56 – Authorizing the Ministry of Social Services and Development to take Protective
Custody of Child Prostitutes and sexually Exploited Children – below 17 years of age
2. E.O. 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.
3. R.A. No. 6972 – Barangay Level Development and Protection of Children Act Creation of a Day-
Care Center in energy barangay
4. R.A. No. 7610 – Special Protection Against Child Abuse, Exploitation and Discrimination
5. R.A. No. 7624 – An Act Integrated Drug Prevention and Control in the Intermediate Secondary
Curricula as well as the Nonformal. Informal and Indigenous Learning System and for Other
Purposes
6. R.A. No. 8353 – Anti-rape Law of 1997
7. P.D. No. 603 – Child and Youth Welfare Code
8. R.A. No. 7438 – And Act Defining Certain Rights of Person Arrested, Detained or Under Custodial
Investigation
9. R.A. No. 8369 – Family Court’s Act 1997 – guided by No. 11
10. The Juvenile Justice Act of 2000. Youthful offender – Child in Conflict with the Law
11. Rule on Examination of a Child witness effective Dec. 15, 2000 – SC
12. R.A. No. 9262 – Anti violence against Women and their Children Act of 2004.
13. R.A. No. 9255 – An Act allowing illegitimate children to use the surname of their father amending
for purpose Art. 176 of Executive Order 209 otherwise known as the “Family Code” of the
Philippines.

A.P. DETRAN 17