Welcome

Students, Faculty and Staff

Crime
Crime Prevention
Prevention Symposium
Symposium

INTRODUCTION
INTRODUCTION

CRIMINAL
CRIMINAL JUSTICE
JUSTICE SYSTEM
SYSTEM

ANATOMY
ANATOMY OF
OF CRIME
CRIME

TIPS
TIPS IN
IN THE
THE PREVENTION
PREVENTION OF
OF CRIME
CRIME

CRIME
CRIME FREQUENTLY
FREQUENTLY COMMITTED
COMMITTED
BY
BY THE
THE YOUTH
YOUTH (OFFENDER)
(OFFENDER)

CRIME
CRIME FREQUENTLY
FREQUENTLY COMMITTED
COMMITTED
AGAINST
AGAINST THE
THE YOUTH
YOUTH (VICTIM)
(VICTIM)

MODUS
MODUS OPERANDI
OPERANDI OF
OF CRIMINAL
CRIMINAL ELEMENTS
ELEMENTS

ASSESSMENT
ASSESSMENT

INTRODUCTION
INTRODUCTION

INTRODUCTION
INTRODUCTIONTO
TOCRIME
CRIME
Crime has always been a part of living since time immemorial and
has not spared any form of society, culture or system of
government.
Asiaweek magazine cited that six of every ten families in the
Philippines said they dont feel safe in their homes or in the
streets.
The number of reported rapes has jumped 30% since 2005;
gunmen held up a record of 34 banks in 2000 and matched that
number in 2001.
Abductors cashed in too, with 161 people kidnapped in 2007 and
collected $7.3 million in ransom.

Asked on crime situations, former Secretary Rafael Alunan III of

the Department of Interior and Local Government (DILG) said that
60% of all crime victims dont report the incident to the police.

What
What is
is our
our role
role to
to lessen
lessen
this?
this?
To

conduct Anti Criminality Awareness

Campaign symposium.
Encourage the involvement of the
community in crime prevention.
Top schools to organize their own crime
prevention council.

Every PNP member is

a Public Servant
and his life is dedicated to
public service.

TO SERVE
AND
PROTECT

CRIMINAL
CRIMINAL JUSTICE
JUSTICE SYSTEM
SYSTEM

CRIMINAL
CRIMINALJUSTICE
JUSTICESYSTEM
SYSTEM

COURTS
CORRECTION
COMMUNITY
INSTITUTIONS
PROSECUTION
LAW
ENFORCEMENT
COURTS
CORRECTION
COMMUNITY
INSTITUTIONS
PROSECUTION
LAW
ENFORCEMENT

ANATOMY
ANATOMY OF
OF CRIME
CRIME

ELEMENTS
ELEMENTSOF
OFCRIME
CRIME

Motive

refers to the reason or cause

why a person or group of persons will
perpetrate a crime. Examples are dispute,
economic gain, jealousy, revenge, insanity,
thrill, intoxication, drug addiction and many
others.

ELEMENTS
ELEMENTSOF
OFCRIME
CRIME

Instrumentality is the means

or implement used in the commission of the
crime. It could be a firearm, a bolo, a fan knife,
an ice pick, poison or obnoxious substance.

ELEMENTS
ELEMENTSOF
OFCRIME
CRIME

Opportunity

- the chance of the

would be violators in committing crime.
How committed?
- of course, they do it as fast as they can in order to
avoid being detected by witnesses, by the police or by
the house owner in case of robberies.

Since
Since we
we already
already know
know how
how to
to
detect
detect crimes,
crimes, we
we must
must also
also
know
know how
how to
to prevent
prevent crimes.
crimes.
The best way to fight crimes is to
prevent it. Crime Prevention is most
effective when the citizens are involve
in deterring crime. Information on the
ways of preventing crime can be
inculcated
in
our
children.

PREVENTION
IS BETTER
THAN CURE

TIPS
TIPSTO
TOAVOID
AVOIDTHE
THECOMMISSION
COMMISSIONOF
OFCRIME
CRIME
1) Do not accept invitations or
gifts from strangers or mere
acquaintances.
2) Go straight home after classes.
3)

Report suspicious persons

around the house or school to
the authorities.

4) Inform your parents/guardians

about your whereabouts and
who are your companions.
5)

Be wary of drug pushers,

report them immediately to
school authorities, police or
your parents.

6)

Do not mingle with those

having drinking sprees or pot
session.

10)

Avoid displaying expensive

jewelries or cellphones.

11) Avoid seeing or going with

person (male or female) you
just met in Facebook, Twitter
or social network sites.
12) Avoid loitering in dark areas.
Criminal lurk in dark places.

TIPS
TIPSTO
TOAVOID
AVOIDTHE
THECOMMISSION
COMMISSIONOF
OFCRIME
CRIME

Be sure to have cell phone/s and load.

Get the plate number of the PUV if you are

commuting.

Be vigilant to the action of the driver.

Do not go home too late, in times of school

activities go home with your board mates or
classmates.

PREVENTING
PREVENTINGSEX
SEXCRIMES
CRIMES
Avoid wearing
clothing.
Do not accept
strangers.

sexually
free

suggestive
rides

from

Avoid
walking
along
crime-prone
streets especially when alone. These
streets are usually situated near places
of ill-repute.
Go home early.

Teener Raped by Textmate

Published : Friday, August 05, 2011 00:00
ANGELES City -- Kate (not her real name), 17, thought she would just have a
friendly chat with her new textmate when the latter invited her to his house in a
government resettlement center for informal settlers in Bgy. Cutud, Angeles City,
Pampanga.
But instead of friendly chat, she was raped by her textmate.
PO1 Prencess Meneses of Police Station 3 identified the suspect as Leonardo
Fajardo, 20, single, jobless, of Block 47, Lot 21 of Northville 15 village Angeles
City.
In her sworn statement, Kate said that at around 9 p.m. last July 31, Fajardo
invited her to his house.
Dahil tiwala naman po ako sa kanya ay nagtungo po ako sa harapan ng kanilang
bahay at pagdating ko po doon ay hinila niya ako papasok, pagkatapos ay
pinainom ako ng Emperador (brandy) at nang maramdaman ko pong nalalasing
na ako ay hinila po niya ako papasok sa kanyang kwarto, the girl said in her
sworn statement given to PO2 Ernesto Quives Jr.

Kate said she struggled but was overpowered by the suspect who was able
to rape her.
The next day, the victim and her father sought the help of barangay officials
who planned the arrest of Fajardo. They asked Kate to send a text message
and asked the suspect to meet her at the main road of Northville 15.
When the suspect arrived, he was arrested by barangay officials and tanods
and brought him to Police Station 3.
Fajardo was charged with rape before the City Prosecutors Office which
recommended his continuous detention.

CRIME
CRIME FREQUENTLY
FREQUENTLYCOMMITTED
COMMITTED
BY
BY THE
THE YOUTH
YOUTH

CRIMES
CRIMESCOMMONLY
COMMONLYCOMMITTED
COMMITTEDBY
BYTHE
THEYOUTH
YOUTH
OFFENDER
OFFENDER

Violation
Violationof
ofRA
RA9165
9165
(Dangerous
(DangerousDrugs)
Drugs)
Rape
Rape
Theft
Theft
Carnapping
Carnapping
Physical
PhysicalInjury
Injury

DISTRIBUTION
DISTRIBUTIONOF
OFCASES
CASES-JANUARY
-JANUARYTO
TO JULY
JULY2011
2011

TOTAL
TOTAL == 39
39

CRIME
CRIME FREQUENTLY
FREQUENTLYCOMMITTED
COMMITTED
AGAINST
AGAINST THE
THE YOUTH/CHILDREN
YOUTH/CHILDREN

CRIMES
CRIMESFREQUENTLY
FREQUENTLYCOMMITTED
COMMITTEDAGAINST
AGAINSTTHE
THEYOUTH
YOUTH
VICTIM
VICTIM
Violation
Violationof
ofRA
RA7610
7610(Child
(ChildAbuse)
Abuse)
Rape
Rape
Physical
PhysicalInjury
Injury
Sexual
SexualHarassment
Harassment
Parricide
Parricide
Attempted
AttemptedRape
Rape
Statutory
StatutoryRape
Rape
Incestuous
IncestuousRape
Rape

DISTRIBUTION
DISTRIBUTIONOF
OFCASES
CASES-JANUARY
-JANUARYTO
TO JULY
JULY2011
2011

TOTAL
TOTAL == 204
204

Ang Pagsugpo sa Krimen ay

Responsibilidad ng bawat isa

Makiaalam
Makibaka
Makiisa

Kapit bisig nating labanan ang

Krimen sa sa ating bayan!!!

MODUS
MODUS OPERANDI
OPERANDI OF
OF
CRIMINALS
CRIMINALS

AKYAT-BAHAY GANG
Gawain: Anim (6) na katao pataas ang
nagsasagawa ng operasyong ito. At kung
minsan may kasama pang mga bata upang
maunang papasukin sa maliliit na bintana at
siyang magbubukas ng pinto. Habang nililimas
ang lahat ng bagay na mapapakinabangan sa
loob ng bahay, ang ibang kasama ng grupo ay
nagbabantay sa labas at nagsisilbing look-out.
Payo: Huwag iwanan ang bahay nang matagal
na panahon na walang bantay!

BOLT CUTTER GANG

Gawain: Kapareho ito ng Akyat Bahay Gang
maliban lamang sa binubuksan ang mga gate o
pinto ng bahay sa pamamamgitan ng bolt cutter
o sapilitang pagsira nang mga kandado nang
bahay.
Payo: Hanggat maari ay pabantayan ang
bahay kung iiwan ito ng matagal o kaya ay
maglagay ng takip sa kandado upang hindi ma
bolt-cutter!

SALISI GANG
Gawain: Dalawa (2) hanggang tatlong (3)
katao, babae o lalaki, ang karaniwang
gumagawa nito. Ang isa sa grupo ay
magaling mambola (bokador). Kadalasan
ay
estudyante
ang
binibiktima
kakausapin o lilibangin ka niya upang
makuha ang iyong atensyon hanggang sa
hindi mo mamalayan na dinudukutan ka
na ng isa sa mga kasama niya.
Payo: Huwag masyado magtitiwala sa hindi
kakilala!

DUGO-DUGO GANG
Gawain: Tatlo (3) hanggang lima (5) katao, babae o lalaki ang
magkakasabwat sa ganitong operasyon. Ang mga suspek ay
maghahanap ng bahay ng mayayaman na ang tanging naiiwan
ay katulong o kasambahay. Mamanmanan nila ito ilang araw,
pati ang oras ng alis at dating ng may-ari at saka nila
isasagawa ang kanilang operasyon. Kadalasan ay isang suspek
na babae ang tatawag sa telepono nakaaalis na ang may-ari at
sasabihin sa katulong na naaksidente ang amo nito. Nasa
ospital diumano ang mga amo at nangangailangan ng perang
pambili ng dugo kayat ipinakukuha daw ng amo niya ang lahat
ng pera at alahas na nasa bahay. Uutusan pa ang katulong na
dalhin ang mga ito sa isang lugar upang salubungin ng mga
suspek. Pag-uwi o pagtawag lamang ng mga amo ng bahay
matutuklasan ang nasabing modus operandi.
Payo: Mag-verify o i-check ng mabuti ang mga impormasyong
binabangit bago pumatol sa taong hindi kakilala!

BUDOL-BUDOL GANG
Gawain: Isa (1) hanggang anim (6) na katao karaniwang babae o
lalaki ang gumagawa ng ganitong modus operandi. Ang mga ito
ay may maayos na pananamit at kuntodo alahas pa upang hindi
mahalatang manloloko. Karaniwang binibiktima ay isang taong
mukhang ma-pera at maraming alahas at kadalasan ay galing o
papunta sa bangko. Lalapitan ka ng suspek at kakausapin
hanggang sa mabola. Magpapakita ng bag na kunwariy puno
ng pera, subalit sa ibabaw lang ang totoo at ang nasa ilalim ay
puro gupit-gupit na diyaryo lamang. Kunwari ay may itatanong
ang mga suspek o may iaalok na pagkakakitaan ngunit kulang
pa ang puhunan. Pagpapalabasin ka ng pera, ipapakita niya sa
iyo na pagsasamahin ang inyong pera sa bag na kanina ay
puno ng pera. Mayamaya ay magpapaalam ang suspek at
mangangakong babalik ngunit iiwan sa iyo ang bag na
pinaglagyan kunwari ng pera. Ngunit matagal mo nang
hinihintay ay hindi pa rin bumabalik matutuklasan mo na lang
na puro dyaryo ang laman ng bag na iniwan sa iyo.
Payo: Iwasang makipag-usap sa hindi kakilala!

AGAW-CELLPHONE GANG
Gawain: Dalawa (2) hanggang tatlong (3) babae at
lalaki ang magkakasabwat gumawa nito. Kadalasan
ay may dalang motorsiklo upang gamitin sa
pagtakas. Habang ikaw ay gumagamit ng cellphone
sa isang lantad na lugar, kukuha ng tiyempo ang isa
sa mga suspek at aagawin bigla ang iyong cellphone
at tatakbo sa nakaabang na motorsiklo at lalayo sa
lugar ng krimen.
Payo: Iwasang gumamit ng cellphone sa lantad na
lugar!

KALAPATI O TUTA GANG

Gawain: Dalawa (2) hanggang tatlo (3)
katao rin ang gumagawa nito. Aalukin
ka ng magandang kalapati o tuta at
kapag nagustuhan mo sasabihin sa iyo
na marami pang mapagpipilian na
maganda sa kanila. At kung ayain kang
sumama sa kanilang lugar at sumama
ka, doon isasagawa ang pang hoholdap
sa iyo.
Payo:
Huwag
sumama
sa
hindi
kakilala!

BASTOS GANG
Gawain: Dalawa (2) hanggang tatlo (3) ang nagsasagawa
nito at karaniwang binibiktima ay kabataan na
mukhang mayaman at madaling utuin, may mga alahas
at may mga cellphone. Lalapitan ka ng suspek na
pormang kakilala at sisindakin ka ng Bakit niloko mo
ang kapatid namin? Nagsumbong siya sa amin,
binastos mo raw siya! Hindi namin mapapalampas ang
mga ginawa mo, kailangang magkausap kayo ng
kapatid ko, halika at sumama ka sa amin! Matatakot
ka at isasama sa isang lugar na hindi matao at doon
isasagawa ang panghoholdap sa iyo.
Payo: Umiwas sa mga gumagawa ng commotion o
eksena, maaaring tumakbo at lumapit sa mga
awtoridad!

ASSESSMENT

ASSESSMENT
ASSESSMENT

Crime prevention must be based on the ground that

the
principal and direct responsibility for crime
prevention
depends
on
the
total
community
participation.

The youth, the school officials, the religious,

government
agencies, non government organizations,
barangay leaders, media, businessmen, etc.

Crime prevention needs a special collaborative

effort
among the various law enforcement agencies
and the general public.

IN CASE OF
EMERGENCY

CAGAYAN POLICE PROVINCIAL

OFFICE
Let us keepPublic
the Province
of Cagayan
Safe
Provincial
Safety
Company
and Peaceful
FOR POLICE ASSISTANCE CALL THE
FOLLOWING NUMBERS:
PHONE NUMBERS:

HQS PPSC : 0915-5553301

TEL NR : 078) 844-1473
OR TEXT
: 2920
EMAIL : ppsc_cppo@yahoo.com
1 st PPSC (Punta, Aparri)
: 0917-5649498
2 nd PPSC (Curva, Pamplona)
: 0917-5998833
rd
3 PPSC (CARSUMCO, Piat) : 0917-5767768
Tuguegarao City Police Station
: dial 166

Pulis na Cagayan Kofun mu Kioffun nu

Prepared by:

Thank You
PO2 Fredy A Danao

Registered Criminologist
BS Criminology Graduate
Assoc. in Marine Engineering Graduate
BS Public Safety Management Graduate

REPUBLIC ACT NO. 7610

(Anti-Child Abuse Law)
Who are CHILDREN under the Act?
CHILDREN refers to persons:
a) Below 18 years of age, or
b) Over 18 years of age but are unable to fully
take care of themselves or protect
themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental
disability or condition
(Sec. 3).

What is CHILD ABUSE?

CHILD ABUSE refers to the maltreatment, whether
habitual or not, of the child which includes any of the
following acts:
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; or
d) Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his
growth and development or his permanent incapacity or
death.

OFFENSES
punishable under RA 7610
1) CHILD PROSTITUTION and OTHER CHILD ABUSE
Who are considered children exploited in
prostitution and other sexual abuse ?

Children, whether male or female, who for

m o n e y, p r o f i t o r a n y o t h e r c o n s i d e r a t i o n o r
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 .

PERSONS LIABLE for CHILD PROSTITUTION

and
OTHER CHILD ABUSE:
1) Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to the ff:
a) Acting as procurer of a child prostitute;
b) Inducing a person to be a client of a child prostitute by
means of written or oral advertisements 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; or
e) Giving monetary consideration, goods or other pecuniary
benefits to a child with the intent to engage such
child in prostitution.

2) Those who commit the act of sexual intercourse

or lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse;
3) Those who derive profit or advantage there from,
whether as a manager or owner of the establishment
where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages
in prostitution in addition to the activity for which
the license has been issued to said establishment.

ACTS PUNISHABLE as an ATTEMPT to

COMMIT CHILD PROSTITUTION:
Who are guilty of attempt to commit child prostitution?

1) Any person who, not being a relative of the child is

found alone with the child inside a room or cubicle of
a house, inn, hotel, motel, pension house, apartelle or
other similar establishments, 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; and
2) Any person who receives services from a child in a
sauna parlor, massage clinic, health club and other
similar establishments.

2) CHILD TRAFFICKING
A. Consummated Act of CHILD TRAFFICKING:
Who are liable for consummated act of child
trafficking?
Any person who engages 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.

B. Attempt to Commit CHILD TRAFFICKING:

There is an attempt to commit Child Trafficking:
1) When a child travels alone to a foreign country
without valid reason therefore and without clearance
issued by the DSWD or written permission or
justification from the childs parents or legal guardian;
2) When a pregnant mother executes an affidavit of
consent for adoption for a consideration;
3) When a person, agency, establishment or childcaring institution recruits women or couples to bear
children for the purpose of child trafficking;

4) When a doctor, hospital, or child clinic

official or employee, nurse, midwife, local civil
registrar or any other person simulates birth
for the purpose of child trafficking; or
5) 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.

3) OBSCENE PUBLICATIONS AND INDECENT SHOWS

Who are liable?
a) Any person who hires, employs, uses, persuades,
induces, or coerces a child:
1) To perform in obscene exhibitions and indecent
shows, whether live or in video;
2) To pose or model in obscene publications or
pornographic
materials.
b) Any ascendant, guardian, or person entrusted in any
capacity with the care of the child who causes and/or
allows a child to be employed or to participate in an
obscene play, scene, act, movie or show or in any other
acts covered by Sec. 9 of R.A. 7610.

Other ACTS of NEGLECT, ABUSE, CRUELTY or

EXPLOITATION and other Conditions Prejudicial to the
Childs Development:
1) Committing any other act of child abuse, cruelty or
exploitation or be responsible for other conditions
prejudicial to the childs development;
2) Keeping or having in his company a minor, 12
years or under or who is 10 years or more younger
than his junior in any public place or private place,
hotel, motel, beer joint, discothque, cabaret,
pension house, sauna or massage parlor, beach
and/or other tourist resort or similar places;
3) Inducing, delivering or offering a minor to anyone
prohibited to keep or have in his company a minor
as provided in the preceding paragraph;

4) Allowing by any person, owner, manager or

one entrusted with the operation of any public
or private place or accommodation, whether
for occupancy, food, drink, or otherwise,
including residential places any minor;
5) Using, coercing, forcing or intimidating a
street child or any other child to:
a) Beg or use begging as a means of living;
b) Act as conduit or middleman in drug
trafficking or pushing; or
c) Conduct any illegal activities.

Who may FILE a COMPLAINT for a VIOLATION of

RA 7610?
The complaint may be filed by any of the
following:
1) Offended party;
2) Parents or guardians;
3) Ascendant or collateral relative within the third
degree of consanguinity;
4) Officer, social worker or representative of a
licensed child-caring institution;
5) Officer, social worker of the DSWD;
6) Barangay Chairman;
7) At least 3 concerned responsible citizens where
the violation occurred.

REPUBLIC ACT NO. 7658

It prohibits the employment of children below 15 years

of age in public and private undertakings.
EXCEPTIONS:
1) When the child works directly under the sole
responsibility of his parents or legal guardian and
where only members of the family are employed.
Conditions:
a) The employment of the child does not endanger
his
or her life, safety, health and morals or impair
his normal development, and
b) The parent/guardian shall provide the minor with
the prescribed primary and/or secondary education.

2) Where a child's employment or participation in

public entertainment or information through cinema,
theater, radio or television is essential.
CONDITIONS:
a) The employment contract is concluded by the
childs parents or legal guardian, with express
agreement of the child and the approval of the
DOLE, and
b) The ff: 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 shall institute measures to prevent

the childs exploitation or discrimination taking
into account the system and level of
remuneration,
and the duration and arrangement of working
time;
and
3) The employer shall formulate, subject to the
approval and supervision of competent
authorities, a
continuing program for training and skills
acquisition
of the child.

REPUBLIC ACT NO. 7877

(Anti-Sexual Harassment Act)
What is SEXUAL HARASSMENT?
It is committed by demanding, requesting
or otherwise requiring any SEXUAL FAVOR
from a person, regardless of whether the
demand, request or requirement for
submission is accepted by the victim.
It may be WORK, EDUCATION or
TRAINING related.

Who may commit SEXUAL HARASSMENT?

The following may be held liable of sexual harassment:

1) Employer,
2) Employee,
3) Manager,
4) Supervisor,
5) Agent of the Employer,
6) Teacher,
7) Instructor,
8) Professor,
9) Coach,
10) Trainer, or
11) Any other PERSON HAVING AUHTORITY,
INFLUENCE or MORAL ASCENDANCY over another
person in a work, training or education environment.

REPUBLIC ACT NO. 9344

(JUVENILE JUSTICE AND WELFARE ACT OF 2006)

LIBERAL CONSTRUCTION:
In case of doubt, the interpretation of any
of the provisions of the law and its IRR
shall be construed liberally in favor of the
child in conflict with the law, i.e.,
consistent with the best interest of the
child, the declared state policy, the rights
of the child in conflict with the law, and the
principle of restorative justice.

DEFINITION OF TERMS

BAIL refers to the security given for the release of

the person in custody of the law, furnished by
him/her or a bondsman, to guarantee his/her
appearance before any court.

BEST INTEREST OF THE CHILD refers to the

totality of the circumstances and conditions most
congenial to the survival, protection and feelings
of security of the child and most encouraging to
the childs physical, psychological and emotional
development. It also means the least detrimental
available alternative for safeguarding the growth
and development of the child.

 CHILD

refers to a person under the age of

eighteen (18) years.

CHILDREN

AT RISK refers to children who are

vulnerable to and at the risk of committing
criminal offenses because of personal, family
and social circumstances, such as, but not
limited to, the following:
(1) being abused by any person through sexual,
physical, psychological, mental, economic or
any other means and the parents or guardian
refuse, are unwilling, or unable to provide
protection for the child;
(2) being exploited including sexually or
economically;

(3) being abandoned or neglected, and after diligent

search and inquiry the parent or guardian cannot
be found;
(4) coming from a dysfunctional or broken family or
without a parent or guardian;
(5) being out of school;
(6) being a street child;
(7) being a member of a gang;
(8) living in a community with a high level of
criminality or drug abuse; and
(9) living in situations of armed conflict.

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.
COMMUNITY-BASED PROGRAMS refers to the
programs provided in a community setting developed
for purposes of intervention and diversion, as well as
rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community.
COURT refers to a family court or, in places where
there are no family courts, any regional trial court

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, childappropriate 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. It
includes the time when the child alleged to be in conflict with
the law receives a subpoena.
INTERVENTION refers to a series of activities designed to
address issues that caused the child to commit an offense. It
may take the form of an individualized treatment program,
which may include counseling, skills training, education, and
other activities that will enhance his/her psychological,
emotional and psycho-social well-being.

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,
reintegration and aftercare to ensure their normal growth and
development.
LAW ENFORCEMENT OFFICER refer to the person in authority or
his/her agent as defined in Article 152 of the Revised Penal Code,
including a barangay tanod.
OFFENSE refers to any act or omission whether punishable
under special laws or the Revised Penal Code, as amended. It
includes violations of traffic laws, rules and regulations, and
ordinances of local government units.

RECOGNIZANCE refers to an undertaking in lieu

of a bond assumed by a parent or custodian who
shall be responsible for the appearance in court
of the child in conflict with the law, when
required.
STATUS OFFENSES refers to offenses which
discriminate only against a child, while an adult
does not suffer any penalty for committing
similar acts. These shall include curfew
violations, truancy, parental disobedience and
the like.
VICTIMLESS CRIMES refers to offenses where
there is no private offended party.

YOUTH DETENTION HOME refers to a 24-hour childcaring institution managed by accredited LGUs and
licensed and/or accredited NGOs providing short-term
residential care for children in conflict with the law who
are awaiting court disposition of their cases or transfer
to other agencies or jurisdiction; also referred to as
Youth Home.
YOUTH REHABILITATION CENTER refers to a 24-hour
residential care facility that provides children in conflict
with the law with care, treatment and rehabilitation
services under the guidance of trained staff where
children in conflict with the law on suspended
sentence, or residents, are cared for under a
structured therapeutic environment with the end view of
reintegrating them in their families and communities as
socially functioning individuals; also referred to as
Youth Center.

Rights of a child in conflict with the law:

(a) The right to be treated with humanity and respect for
the inherent dignity of the person, and in a manner which
takes into account the needs of a person of his/her age;
(b) The right not to be subjected to torture or other cruel,
inhuman or degrading treatment or punishment;
(c) The right not to be imposed a sentence of capital
punishment or life imprisonment, without the possibility of
release;
(d) The right not to be unlawfully or arbitrarily deprived of
his/her liberty; that detention or imprisonment being a
disposition of last resort, shall be for the shortest
appropriate period of time;

(e) The right to be separated from adult offenders at all

times. In particular, the child shall:
(1) Not be detained together with adult offenders.
(2) Be conveyed separately to or from the court.
(3) Await hearing of his/her own case in a separate
holding area.
(f) The right to maintain contact with his/her family
through correspondence and visits save in exceptional
circumstances;
(g) The right to prompt access to legal and other
appropriate assistance, as well as the right to challenge
the legality of the deprivation of his/her liberty before a
court or other competent, independent and impartial
authority, and to a prompt decision on such action;

(h) The right to bail and recognizance, in appropriate

cases;
(i) The right to testify as a witness in his/her own behalf
under the rule on examination of a child witness;
(j) The right to have his/her privacy respected fully at all
stages of the proceedings;
(k) The right to diversion if he/she is qualified and
voluntarily avails of the same;
(l) The right to be imposed a judgment in proportion to
the gravity of the offense where his/her best interest, the
rights of the victim and the needs of society are all taken
into consideration by the court, under the principle of
restorative justice;

(m) The right to have restrictions on his/her personal liberty

limited to the minimum, and where discretion is given by law to
the judge to determine whether to impose fine or
imprisonment, the imposition of fine being preferred as the
more appropriate penalty;
(n) In criminal prosecutions, the rights:
(1) Not to be held to answer for a criminal offense without
due process of law;
(2) To be presumed innocent until the contrary is proved
beyond reasonable doubt;
(3) To be heard by him/herself and counsel;
(4) To be informed promptly and directly of the nature and
cause of the accusation against him/her, and if
appropriate, through his/her parents or legal guardian;
(5) To be present at every stage of the proceedings, from
arraignment to promulgation of judgment;

(6) To have legal and other appropriate assistance in the

preparation and presentation of his/her defense;
(7) To testify as a witness in his/her own behalf and
subject to cross-examination only on matters covered
by direct examination, provided that the Rule on the
Examination of a Child Witness shall be observed
whenever convenient and practicable.
(8) Not to be compelled to be a witness against
him/herself and his/her silence shall not in any manner
prejudice him/her;
(9) To confront and cross-examine the witnesses against
him/her;

(10) To have compulsory process to secure the

attendance of witnesses and production of other
evidence in his/her behalf;
(11) To have a speedy, impartial and public trial, with
legal or other appropriate assistance and preferably in
the presence of his/her parents or legal guardian, unless
such presence is considered not to be in the best
interests of the juvenile taking into account his/her age
and other peculiar circumstances;
(12) To appeal in all cases allowed and in the manner
prescribed by law; and
(13) To be accorded all the rights under the Rule on
Examination of a Child Witness.

(o) In general, the right to automatic suspension of

sentence;
(p) The right to probation as an alternative to
imprisonment, if qualified under the probation law;
(q) The right to be free from liability for perjury,
concealment or misrepresentation; and
(r) Other rights as provided for under existing laws,
rules and regulations.
(These rights of children in conflict with the law shall

serve as guiding principles in the administration of the

Juvenile Justice and Welfare System.)

Principle of Restorative Justice

RESTORATIVE JUSTICE refers to a principle that
requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and
the community. It seeks to achieve the following:
(a) Reparation for the victim;
(b) Reconciliation of the offender, the offended and the
community;
(c) Reassurance to the offender that he/she can be
reintegrated into society; and
(d) Enhancement of public safety by activating the
offender, the victim and the community in prevention
strategies.

REPUBLIC ACT 9262

(Anti-Violence Against Women and Their Children
Law)

PUNISHES:
1) Physical, psychological, emotional,
economic violence committed
against women, and their children.
2) Includes Live-In Relationship.

REPUBLIC ACT NO. 8353

(Anti-Rape Law of 1997)
SALIENT FEATURES:
A. RA 8353 RECLASSIFIED the crime of RAPE by
amending Art. 266 of the RPC.
RAPE is now considered a public crime, which
means that any person who has knowledge of the crime
may file a complaint; consequently, even if the victim
withdraws her complaint, the government (i.e. the police,
prosecutor, fiscal, etc.) may proceed with the case.

B. Rape can now be committed by ANY

PERSON, MAN or WOMAN, particularly
RAPE BY SEXUAL ASSUALT.
C. It introduced MARITAL RAPE between
married couples.
D. Rape can be committed through
fraudulent machination or grave abuse
of authority.

TWO WAYS OF COMMITTING RAPE

1) MAN who shall have carnal
knowledge of a WOMAN under the
following circumstances:
Through force, threat, or
intimidation;
When offended party is deprived
of reason or is otherwise
unconscious;
By means of fraudulent
machination or grave abuse of
authority, and
When offended party is under 12

2) By any person (MAN or WOMAN) who,

under any of the circumstances
mentioned in paragraph 1, shall
commit an act of SEXUAL ASSAULT by:
Inserting his penis into another
persons mouth or anal orifice, or
Inserting any instrument or object
(including a finger) into the
genital or anal orifice of another
person.

TAKE NOTE:
Marriage between offender and offended party
extinguishes criminal action or penalty but not if
marriage is void ab initio.
Pardon by the offended party does not extinguish
criminal liability, only civil liability.

JURISPRUDENCE ON RAPE:
1) Attempted Rape is committed by the accused after
raising the dress of the woman who was asleep and
placing himself on top of her (Pp. v. Tayaba, 62
Phil. 559)
2) There is no FRUSTRATED RAPE (Pp. v. Orita).
3) Where the offended party is less than 12 years old,
rape is committed although she consented to the
sexual act (Pp. v. Villamor).
4) Sexual intercourse with a 9-year old girl is rape (Pp.
v. Perido).
5) Rape is committed even if the girl under 12 years of
age is a prostitute (Pp. v. Perez).
6) Sexual intercourse with a woman who is half asleep
is not RAPE.