JUVENILE DELINQUENCY

AND
JUVENILE JUSTICE SYSTEM
(A REVIEW)

BY: ZHARINA JINKY B. STA. ANA, PHD

 LEARNING OBJECTIVES:
• Determine the basic concepts of juvenile delinquency
• Recognize the factors that causes juvenile delinquency
• Relate the contribution of parenting to juvenile delinquency
• Classify the different kinds of child abuse
• Describe the legal parameters of Juvenile Justice System
• Explain the different laws related to juvenile delinquency
 REVIEW OUTLINE
I. Basic Concepts of Juvenile Delinquency
II. Factors that Causes Juvenile Delinquency
III.Parenting in relation to Juvenile
Delinquency
IV.Child Abuse
V. Preview on the Philippine Juvenile Justice
System
 BASIC CONCEPTS
OF
JUVENILE DELINQUENCY
 DEFINITION OF TERMS
• Child
A person who is below eighteen (18) years of age.
• Filipino Child (PD 603)
A minor or a youth; any person below 18 years old, a boy or a
girl at any age between infancy and adolescence; however, the law
includes infants and even unborn children.
A person who is below 18 years old or those over but unable to
fully take care of themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or mental disability or
condition.
• Child at Risk
It refers to a child who is vulnerable to and at the risk
of committing criminal offenses because of personal, family
and social circumstances,
• Dependent Child
A person who is without a parent, guardian or
custodian, or whose parents, guardian or custodian for good
cause desires to be relieved of his care and custody, and is
dependent upon the public for support.
• Abandoned Child
A person who has no proper parental care or guardianship.
A person whose parents or guardian has deserted him for a period of at
least six continuous months
• Neglected Child
A person whose basic needs have been deliberately unattended to or
inadequately attended to, physically or emotionally, by his parents or
guardians
• Disabled Child
It includes mentally retarded, physically handicapped, emotionally
disturbed and mentally ill children, children with cerebral palsy and those
inflicted with similar afflictions.
• Physical Neglect
It occurs when the child is malnourished, ill clad and
without proper shelter.
• Emotional Neglect
It occurs when a child is raped, seduced, maltreated,
exploited, overworked or made to work under streets or
public places, or when placed in moral danger, or exposed
to drugs, alcohol, gambling, prostitution and other vices.
• Mentally Retarded Child
A person who is (a) socially incompetent, that is, socially
inadequate, occupationally incompetent and unable to manage his
own affairs; (b) mentally subnormal; (c) intellectually retarded from
birth or early age; (d) retarded at maturity; (5) mentally deficient as a
result of constitutional origin through heredity or diseases or (6)
essentially incurable.
• Physically Handicapped Child
A person who is crippled, deaf-mute, or otherwise, suffers from
a defect which restricts his means of action or communication with
others.
• Emotionally Disturbed Child
A person who, although not afflicted with insanity or
mental defect, is unable to maintain normal social
relations with others and the community in general
due to emotional problems or complexes.
• Mentally Ill Child
A person who have behavioral disorder, whether
functional or organic, which is of such a degree of
severity as to require professional help or
hospitalization.
• Involuntarily Committed Child
A person whose parents, have been permanently and
judicially deprived of parental authority due to abandonment;
substantial, continuous or repeated neglect; abuse or
incompetence to discharge parental responsibility.
• Voluntarily Committed Child
A person whose parents’ knowingly and unwillingly
relinquished parental authority to the Department or any duly
licensed child-placement or child-caring agency or individual.
• Juvenile

A child or a young person, who, under the legal system may be dealt with
for an offense in a manner different from that of an adult
• Delinquency

It refers to the failure to perform an act required by law, or the non -

performance of a duty or obligation that is mandated by existing law or rule.
It is any action, course or conduct that deviate from acts approved by the
majority of people. It is a description of acts that do not conform to the
accepted rules, norms and mores of the society.
 IMPORTANT NOTE

• Delinquency is distinct from crime in the

sense that the former maybe in the form of
violation of the law, ordinance or rule but it
is punishable only by a small fine or a short -
term imprisonment or both.
• Commitment or Surrender of a Child

It is the legal act of entrusting a child to the care of the Department or any
duly licensed child placement or child caring agency or individual by the court, parent
or guardian.
• Child-placing or Child-Placement Agency

It refers to a private non-profit institution or government agency duly licensed

and accredited by the Department to provide comprehensive child welfare services,
including but not limited to receiving application for adoption or foster care,
evaluating the prospective adoptive or foster parents and preparing the home study
report.
• Child-Caring Agency

It refers to a private non-profit institution or government agency duly licensed

and accredited by the Department that provides twenty-four hour residential care
 DIFFERENT THEORIES RELATED TO JUVENILE DELINQUENCY

1. Supernatural Theory - it emphasized that crime (delinquency) is caused by

the other - world powers or spirits.
2. Classical and Neoclassical Theory - it emphasized that children commit
crimes because they anticipate more benefits from violating the law than
conformity.
3. Biological Theories - it emphasized that crime (delinquency) is caused by
some biological deficiency inside the offender.
4. Psychoanalytic Theory - it emphasized that crime (delinquency) is caused by
an overdeveloped or underdeveloped superego.
5. Behavioral Theory - it emphasized that criminal behavior (delinquency) is a
learned response that has been strengthened because of the reinforcements
it produces
6. Cultural Deviance Theory - it emphasized that crime is caused by
disorganization, which hinders the ability of neighborhoods to
monitor children.
7. Strain Theory - it emphasized that crime is caused by society telling
children what to seek without providing them with the means to do
so.
8. Social Control Theory - it emphasized that juveniles who are not
bonded to society are free to violate its rules.
9. Labeling Theory - it emphasized that crime is caused by societal
reactions to behavior, which include exposure to the juvenile justice
system.
10. Conflict Theory - it emphasized that crime is caused by imbalances
in power and status.
 JUVENILE
DELINQUENCY: ITS
DEFINITION, TYPES AND
APPROACHES OF STUDY
 JUVENILE DELINQUENCY
• It is an anti - social behavior or act which does
not conform to the standards of the society
• A youth behavior which is against the norms
and regulations of society which if left
unchecked would give rise to criminality
• It describes a large number of disapproved
behaviors of children or youth
 TYPES OF DELINQUENCY
• Environmental Delinquents
They are considered as occasional law - breaking
individuals or youths
• Emotionally Maladjusted Delinquents
They are characterized with a chronic law - breaking
habit which this they cannot avoid or escape from
• Psychiatric Delinquents
They are characterized with serious emotional
disturbances and in some cases associated with tendencies
towards mental illness
 TYPES OF DELINQUENT YOUTH
• Social
An aggressive youth who resents authority of anyone who makes
an effort to control his behavior
• Neurotic
He is one who has internalized his conflicts and is preoccupied
with his own feelings
• Accidental
One who is essentially sociable and law - abiding but happens to
be at the wrong time and place and becomes involved in delinquent
acts not typical of his general behavior
 DIFFERENT APPROACHES IN THE STUDY OF
DELINQUENCY
• Biogenic Approach
It gives an explanation that law violations and delinquency are a
result of some physical defects
• Psychogenic Approach
It argues that the critical factors in delinquency are personality
problems to which misbehavior is presumed to be the response
• Sociogenic Approach
It attributes delinquency pattern to social structures. It views youthful
misdeed as result of a learning process through interactions with other
members of the society
 FACTORS
THAT
CAUSES
JUVENILE DELINQUENCY
 A. FAMILY
• It is considered as the foundation of the nation; a basic social institution
which public policy cherishes and protects.
• The family relations are governed by law, and no custom, practice or
agreement destructive of the family shall be recognized or given effect (Art.
149, Family Code).
• It is a basic social group that is united by blood (consanguinity) or marriage
(affinity).
• It is one that generally lives together and participates in economic
cooperation.
• It provides security, socialization, and companionship and aids in the
reproduction and preservation of the human race.
• It is the most universal social institution.
 TYPES OF FAMILY STRUCTURES
• Conjugal Family
A family that consists of a Father and a Mother only
• Nuclear Family
A family that consists of a Father, Mother and their children
• Extended Family
A family that consists of a Father, Mother, their children,
grandparents, uncles and aunts, cousins, nephews and nieces, and in -
laws
• Blended Family
A family that includes children in their past relationships
 FUNCTIONS OF THE FAMILY
1.Reproduction. It is a prerequisite for the survival of a society
to replace one generation to the next. However, sexual
activities are allowed, but are regulated.
2.Security. The family serves as a protector for all its members,
especially the young and helpless against all kinds of danger.
3.Socialization. It is primarily the social institution that is
responsible for the early developmentof an individual’s
personality. In the family, it is instilled in the child the
attitudes, norms and values.
4. Assignment of Status. It is the family that the initial ascribed
status is fixed which includes their ethnic and racial status,
religious status and also their class status.
5. Emotional Support. “Home sweet home, for there the heart can
rest.” This is perhaps the best way to describe the kind of
emotional support a family can give.
6. Other functions of the family are that it provides the mechanism
in terms of transmittal of inheritance or private property and
serves as the economic base for producing goods and services.
 FAMILY FACTORS INFLUENCING LEVELS OF JUVENILE
DELINQUENCY
a. Parental Attitudes

a.1 Lack of parental affection and support, or in more severe cases parental indifference,
hostility or rejection, causes children to feel emotionally insecure and leads to poor personality
development, thus encouraging antisocial or delinquent behavior. Negative parental attitudes often
include scolding and a lack of love.

a.2 Authoritarian parenting, where excessive control, using harsh and strict commands,
deprives children of the freedom to express themselves. The suppression of free expression and an
absence of love encourage children to revolt against their parents, to run away from their families,
and consequently to enter a life of crime.

a.3 Negative parental attitudes, including concealing information or failing to respond to

questions, have been shown to induce feelings of emotional and social insecurity in children. Such
insecurity can degenerate into children developing mental problems, or can lead to delinquent
behavior.
b. Level of Family Cohesion

Based from studies, low levels of family cohesion are likely

to lead to juvenile crime [27] . Similarly, 73% of juvenile
offenders came from families with low cohesion, while just 27% of
offenders came from families with high cohesion. It was also
realized that while 91% of non-offenders came from high-
cohesion families, only 9% of non-offenders came from low-
cohesion families.
Family cohesion has been defined as the emotional
bonding that family members have toward one another (Olson,
Russell, & Sprenkle, 1982).
c. Level of Violence
The level of violence between parents and towards their children can also influence levels
of juvenile delinquency. Studies show that 78% of child offenders came from families that
experienced physical violence and child abuse, while only 22% of child offenders came
from non-violent homes. Non-offenders are much more likely to come from non-violent
homes than from those that are subject to physical or emotional violence.
d. Uninvolved Parenting

According to Hearne, “uninvolved parenting” describes situations where

parents are emotionally distant from their children and show little warmth
and love towards them, provide little supervision, intentionally avoid them, have
few expectations or demands for their behavior, never attend school events,
and are generally too overwhelmed by their own problems to deal with their
children.
 B. SCHOOL
• A formal agent of socialization

• It is considered as the second home of a child, with teachers as their second

parents

• It is considered as the institution where emotional and intellectual growths are

formally formed. The children learn basic formal instructions in the 5R’s of
education which is Reading, wRiting, aRithmetic, Rational thinking and Right
conduct.

• The teachers in the school served as the second parents, who, were responsible
for the training of the youth’s intellectual, moral as well as social skills, which
they need for them to grow up as productive law - abiding and responsible
citizens
 INSTANCES OF DEVIANT CONDUCT
ATTRIBUTED TO SCHOOL INADEQUACY
a. Failure of teachers to detect and address problems of children and report such problems to
the parents

b. Poor academic atmosphere

c. Membership in school gangs or development of friendships with the wrong crowd

d. Lack of facilities for curricular and extra - curricular activities

e. Failure of teachers in character development of the students

f. Failure to actually finish school, resulting to being out - of - school youths with a lot of time
to waste and do unproductive activities

g. Failure to get gainful employment due to lack of sufficient education

 C. PEERS
• Another very potential agent of socialization
• As the child grows, the role of the family in socialization is gradually
supplemented and at times replaced by the peer group
• It is an informal grouping of two or more individuals, about the same levels,
neighborhood , school or friends
• It is commonly called as barkada. It is a group where parents have no
controls
• They have their own “culture” and “language” distinct to them
• Has a strong sense of camaraderie or belongingness pervades their
relationship
• Has no definite set of objectives or goals except companionship
• Their depth of relationship is expressed in the values of pakikisama, damayan
or utang na loob
 D. MASS MEDIA
• It can be in the form of print, broadcast, or electronic
• These are a socializing agent primarily to inform, entertain,
and educate
• It covers a wide field of interest and the whole society is its
audience, that is, from children to adults
• It has labels such as for general audiences, restricted or for
adults only as the case may be
 E. RELIGION
• An agent of socialization that can assist in
giving a society a sense of direction
• Morals and values which are inherent in
religion can give guidance about what is
appropriate in terms of roles and behaviors
of a society or individual.
 PARENTING
IN RELATION
TO
JUVENILE
DELINQUENCY
Parental Authority (Patria Potestas)
• The sum total of the rights of the parents over the person and
property of their child
• The exercise of which has no distinction between a legitimate
and an illegitimate child
• The father and the mother shall exercise jointly just and
reasonable parental authority and responsibility over their
legitimate or adopted children
Parental Responsibility
• The sum total of the duties and obligations of
parents over their children
Parent’s Liabilities
• That the parents and guardians are responsible
for the damage or injury caused by the child
under their parental authority
Parenting Skills

• It refers to the quality of parenting (as well as the interactions within the family) changes a
child’s misbehavior or delinquency increases over time
Parenting Supervision

• It involves establishing a set of “house rules” and clear communication. House rules should
cover whom the child associates with, places considered off limits, curfews, and when the
chlid should be home from school
Parenting Style

• It is a psychological construct representing standard strategies that parents use in their

child rearing.

• It is the representation of how parents respond to, and make demands on their children.

• Parenting practices are specific behaviors, while parenting styles represent broader
patterns of parenting practices
 CRITICAL ASPECTS OF PARENTS’ BEHAVIOR TOWARD
CHILDREN

• Parental Responsiveness
It is the degree to which parents are supportive to
the needs of their children
• Parental Demandingness
It is the extent to which parents demand age -
appropriate behavior from children
DIMENSIONS
OF
PARENTING
 AUTHORITATIVE PARENTING

• Characterized by a child - centered approach that holds high

expectations of maturity
• Authoritative parents can understand how their children are feeling and
teach them how to regulate their feelings
• These kind of parents are usually forgiving of any possible shortcomings
of their children
• They often help their children to find appropriate outlets to solve
problems
• They encourage their children to be independent but still place limits on
their actions
• Extensive verbal give - and - take is not refused, and parents try to be
warm and nurturing toward the child
 AUTHORITARIAN PARENTS
• Parents place a high value on obedience and
conformity, tending to favor more punitive, absolute,
and forceful disciplinary measures
• Authoritative parenting is a restrictive, punishment -
heavy parenting style in which parents make their
children follow their directions with little to no
explanation or feedback and focus on the child’s and
family’s perception and status
 INDULGENT PARENTS
• Indulgent parenting is also called Permissive, Non - directive,
Lenient or Libertarian, is characterized as having few
behavioral expectations for the child
• It is a style of parenting in which parents are very involved with
their children but place few demands or controls on them
• These are parents who try to be “friends” with their child, and
do not play a parental role
• The expectations of the child are very low, and there is little
discipline.
• These kind of parents also allow their children to make their
own decisions, giving them advice, as a friend would
• This type of parenting is very lax, with few punishments or
rules.
• Permissive parents also tend to give their children whatever
they want and hope that they are appreciated for their
accomodating style
• They also tend to compensate for what they missed as
children, and as a result give their children both the
freedom and materials that they (parents) lacked in thier
childhood
 INDIFFERENT PARENTS
• These are parents with an uninvolved parenting style, often called
Neglectful, Dismissive, Parenting
• Parents are both unresponsive and undemanding toward the child
• These are parents who are fairly unresponsive to their child and try to
minimize the time and energy they must devote to interacting with the
child or responding to the child’s demands
• They know little about their child’s activities and whereabouts
• They show little interest in their child’s experiences at the school or in
his/her friends, and rarely consider the child’s opinion when making
decisions
• The child is typically ignored except when making demands on parents,
which often results in hostile or explosive responses toward the child
 CHILD ABUSE:
ITS DEFINITION
AND KINDS
 CHILD ABUSE
• It is the maltreatment, whether habitual or not, of the child which
includes any of the following:
a. Psychological and physical abuse, neglect, cruelty, sexual abuse adn
emotional maltreatment
b. Any act by deeds or words which debases, degrades, or demeans the
intrinsic worth and dignity of a child as a human being
c. Unreasonable deprivation of his basic needs for survival, such as food
and shelter
d. Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or in his
permanent incapacity or death (Sec. 3, Republic Act No. 7610)
• Child abuse also refers to any act or failure to act that
violates the rights of the child that endangers his/her
optimum health, survival and development
• It constitutes all forms of physical, and/or emotional ill -
treatment, sexual abuse, neglect or negligent treatment
or commercial or other exploitation, resulting in actual
or potential harm to the child’s health, survival,
development, or dignity in the context of a relationship
of responsibility, trust or power (WHO, 1999)
 KINDS
OF
CHILD ABUSE
 PHYSICAL ABUSE
• Considered as the most visible form of abuse
• It is any act which results in a non - accidental trauma or physical injury
• It often represents unreasonable, severe corporal punishment or
unjustifiable punishment
• It usually happens when a frustrated or angry parent strikes, shakes or
throws a child
• It results from punching, beating, kicking, biting, burning or otherwise
harming a child
• It refers to any word or deed which debases, degrades or demeans the
intrinsic worth and dignity of the child as human being
 SEXUAL ABUSE
• It is the involvement of dependent, developmentally
immature children in sexual activities
• It includes the employment, use, inducement or coercion
of a child to engage in sexual intercourse or
lasciviousness conduct
• The molestation, prostitution and or incest with children
• It includes non - teaching sexual abuse offenses, sexual
exploitation offenses and touching sexual offenses
 EMOTIONAL ABUSE
• It is also known as Psychological abuse
• It is the willful infliction of mental or emotional anguish
by threat, humiliation or other verbal or non - verbal
conduct
• It is a harm to a child’s psychological or intellectual
functioning which may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior
• It includes rejecting, ignoring, terrorizing, isolating and
corrupting a child in relation to his/her emotions
 CHILD NEGLECT
• It is the failure to provide, for reasons other than poverty,
the basic needs of the child, such as food, clothing,
medical care, shelter and basic education
• It is the failure to provide needed “age - appropriate care”
such as shelter, food, clothing, education, supervision,
medical care and other basic necessities needed for
development of physical, intellectual and emotional
capacities
• It includes physical, educational, emotional and medical
neglect
PREVIEW ON THE
PHILIPPINES’
JUVENILE JUSTICE
SYSTEM
 JUVENILE COURT

•It is a court that has original

jurisdiction over persons defined
by statute as juveniles and
alleged to be delinquents or
status offenders
 DEVELOPMENT OF
JUVENILE JUSTICE IN
THE PHILIPPINES
 DIFFERENT LAWS RELATED TO THE STUDY OF
JUVENILE DELINQUENCY

a. P.D. 603 - The Child and Youth Welfare Code

b. R.A. 7610 - The Anti - Child Abuse Law
c. R.A. 6809 - The Law Amending the Age of
Majority
d. R.A. 8552 and R.A. 8043 - The Laws on Adoption
e. R.A. 9208 - Anti - Trafficking in Persons Act
f. R.A. 9231 - The Law amending R.A. 7610 on working
children
g. R.A. 9255 - The Law on the Use of of Father’s surname of
illegitimate children
h. R.A. 9262 - The Anti - Violence Against Women and their
Children
i. R.A. 9523 - The Law amending the laws on Adoption
j. R.A. 9344 - The Juvenile Justice and Welfare Act
k. R.A. 9775 - The Anti Child Pornography Act
 OVERVIEW
OF
PHILIPPINE
JUVENILE JUSTICE
AND WELFARE
(AN ARTICLE BY JEZA MAE SARAH C. SANCHEZ)
ADMINISTRATIVE AND LEGAL OFFICER OF THE OFFICE OF THE CHIEF, BUREAU OF JAIL MANAGEMENT AND PENOLOGY,
PHILIPPINES
 I. THE JUVENILE JUSTICE AND WELFARE LAW
• Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the
Juvenile Justice and Welfare System as a system dealing with children at risk
and children in conflict with the law, which provides child-appropriate
proceedings, including programmes and services for prevention, diversion,
reha_x0002_bilitation, re-integration and aftercare to ensure their normal
growth and development.
• Instead of using the word “juvenile”, Philippine laws made use of the word
“child”.
• As defined in R.A. No. 9344, “Child” is a person under the age of eighteen
(18) years.
• While “Child at Risk” refers to a child who is vulnerable to and at the risk of
committing criminal offences because of personal, family and social
circumstances. Some of the examples mentioned in the law are: being
abandoned or neglected, and living in a community with a high level of
• “Child in Conflict with the Law” or CICL on the other hand refers to
a child who is alleged as, accused of, or adjudged as, having
committed an offence under Philippine laws.
• A child can commit an act or omission whether punishable under
special laws or the amended Revised Penal Code which is referred
to as an “Offence”.
• Under Republic Act 10630, offences which only apply to a child and
not to adults are called “Status Offences”. These shall not be
considered as offences and shall not be punished if committed by a
child. Examples of status offences include curfew violations,
truancy, parental disobedience and the like.
• Before R.A. No. 9344 was enacted, children at risk and CICL were
treated much like adult offenders as when former President
Ferdinand Marcos, Sr. signed into law the Judiciary Reorganization
Act 1980 which abolished the juvenile and domestic relations
courts. As such child offenders were subjected to the same
adversarial proceedings as their adult counterparts.
• As an offshoot of the United Nations Convention on the Rights of
the Child (UNCRC), the R.A. No. 9344 intends to deal with these
children without resorting to judicial proceedings. Instead of
punishing juvenile offenders and treating them as criminals, these
child offenders will be provided by the State and the community
with assistance to prevent them from committing future offences.
 II. THE PHILIPPINES AS A JUVENILE JUSTICE
ADVOCATE
• As a signatory to the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules), the United Nations
Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines),
the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty and the most importantly the Convention on the Rights of the Child,
the Philippines guarantees the protection of the best interests of the child in
accordance with the standards provided for by these international laws.
• In the Philippines, members of Congress had passed bills intended to make laws more
consistent with the Philippines’ advocacy on juvenile justice. As much as the Philippines
should be concerned with a juvenile justice system in harmony with international
policies, the dominant goal is to achieve a standard national policy on CICL rather than
an accurate reproduction of an international model on CICL.
• R.A. No. 9344, one bill passed into law, institutionalized
the promotion of the well-being of child and their
families, involvement of parents and guardians,
promotion of diversion, avoiding deprivation of liberty
and protecting the privacy rights of children.
• R.A. No. 10630 further emphasized child-sensitive
justice policies focused on the best interest of the child.
This principle has been first laid down in the Doha
Declaration.
 III. THE PHILIPPINE JUVENILE JUSTICE SYSTEM
A. Diversion and Intervention Programmes
• The main features of R.A. No. 9344 are the diversion and
intervention programmes.
• During the diversion process, the responsibility and treatment
of CICL will be determined on the basis of his/her social, cultural,
economic, psychological or educational background without
resorting to formal court proceedings.
• If the CICL is found to be responsible for an offence, he/she will be
required to undergo diversion programmes without resorting to
formal court proceedings.
• During the intervention programmes on the other
hand, the CICL will undergo a series of activities to
address issues that caused them to commit an offence.
These may take the form of counselling, skills training,
and education.
• The bigger the role these diversion and intervention
programmes play in child behaviour development, the
more acceptance and social legitimacy these programmes
are likely to enjoy in resolving problems with CICL.
 B. AGE OF CRIMINAL RESPONSIBILITY AND THE PRESUMPTION OF
MINORITY
• R.A. No. 9344 likewise raises the age of criminal responsibility from
nine years of age under Presidential Decree 603 to a minimum of 15
years old.
• CICLs aged 15 and above are also exempted from criminal liability
unless the prosecution proves that they acted with discernment — the
capacity to distinguish right from wrong.
• These child offenders are also afforded all the rights of a CICL until
he/she is proven to be eighteen (18) years old or older under the
“presumption of minority” rule.
• In all proceedings, law enforcement officers, prosecutors, judges and
other government officials concerned are mandated to exert all efforts
at determining the age of the CICL.
 C. RESTORATIVE JUSTICE
• The concept of “restorative justice” as opposed to
retributive justice has also been introduced by R.A. No.
9344.
• Restorative Justice espouses resolving conflicts with the
maximum involvement of the victim, the offender and the
community.
• It primarily aims to achieve reparation for the victim,
reconciliation of the offender, the offended and the
community, and enhancement of public safety.
• It also ensures that the child’s rights will not be infringed
when he/she admits to the offence.
 IV. THE PHILIPPINES’ TREATMENT OF CICL

A. Treatment of Children below the Age of Criminal Responsibility

• If it has been determined that the child taken into custody is 15 years old or below,
the authority which will have an initial contact with the child, in coordination with
the Local Social Welfare Development Officer (LSWDO), has the duty to
immediately release the child to the custody of his/her parents or guardian, or in
the absence thereof, to the child’s nearest relative.
• If they cannot be located or they refuse to take custody of the child, the CICL may
be released to any of the following: a duly registered nongovernmental or religious
organization, a barangay official or a member of the Barangay Council for the
Pro_x0002_tection of Children (BCPC), LSWDO, or the Department of Social Welfare
and Development (DSWD).
• Authorities which have initial contact with the child refer to law enforcement
officers or private citizens apprehending or taking custody of the CICL.
• If the LSWDO determines that the child is abandoned,
neglected or abused by his parents, and the best
interest of the child requires that he/she be placed in a
youth care facility or “Bahay Pag-asa”, the child’s
parents or guardians shall execute a written
authorization for the voluntary commitment of the child.
• But if there are no parents or guardians, or they will not
execute it, the LSWDO or the DSWD shall file the proper
petition for involuntary commitment.
• Only those who are at least 12 years old can be
committed to a youth care facility.
B. Treatment of CICL Depending on Whether They Acted with or without
Discernment

• The social worker using the discernment assessment tools

developed by the DSWD will come up with an initial assessment
which is without prejudice to the preparation of a more
comprehensive case study report.
• The local social worker can either release or commit the child to
a youth care facility if he/she is 15 years or below or above 15
but below 18 years old but who acted without discernment.
• However, if the child is above 15 years old but below 18 and
who acted with discernment, diversion should be implemented
C. System of Diversion
• If the imposable penalty for the crime is not more than six years’
imprisonment, mediation, family conferencing and conciliation, or other
indigenous modes of conflict resolution in consonance with restorative
justice shall be facilitated by the law enforcement officer or Punong
Barangay with the assistance of the LSWDO or members of the BCPC.
Both the child and his/her family shall be present in these activities.
• In victimless crimes where the imposable penalty is not more than six
years’ imprisonment, the LSDO shall develop an appropriate diversion
and rehabilitation programme, in coordination with the BCPC. Again,
involvement of the child and his/her parents or guardians is a must.
• Where the imposable penalty for the crime committed
exceeds six years’ imprisonment, diversion measures will
only be decided by the courts.
• The diversion programme shall cover socio-cultural and
psychological services for the child which may include:
reparation of the damage caused, counselling, participation in
available community-based programmes, or in education,
vocation and life skills programmes.
• At the level of the appropriate court, in addition to the
programmes cited, diversion programmes can also include
reprimand, fine or institutional care and custody.
• A diversion programme will depend on the individual
characteristics and the peculiar circumstances of the CICL.
• Some of these factors are: the child’s feelings of remorse; the ability of
the parents or the guardians to supervise, the victim’s view; and, the
availability of community-based programmes for reha_x0002_bilitation
and reintegration of the child.
• In case of failure to comply with the terms and conditions of the contract
of diversion as certified by the LSWDO the offended party can institute
the appropriate legal action.
• Also, if no diversion took place because the imposable penalty exceeds
six years, or the child or his/her parents does not consent to diversion,
the case shall be filed according to the regular processes.
D. Release on Recognizance

• Where a child is detained, the court shall order the

release of the minor on bail or release on
recognizance to his/her parents and other suitable
person.
• The court has also the option to transfer the minor to
a youth care facility.
• In no case shall the court order the detention of a
child in a jail pending trial or hearing of his/her case.
E. Discharge of the Child in Conflict with the Law
• When at the time of the commission of the offence, the child is under 18
years old and subsequently he is found guilty of the offence charged, the
court shall place the CICL under suspended sentence without need of
application.
• Suspension of sentence shall still be applied even if he/she is more than
18 years old at the time of the pronouncement of his/her guilt.
• The court shall impose the appropriate disposition measures in
consideration of the various circumstances of the CICL.
• Upon recommendation of the social worker who has custody of the child,
the court shall dismiss the case if it finds that the objectives of the
disposition measures have been fulfilled.
F. Confinement of Convicted Children in Agricultural Camps
and Training Facilities

• After conviction and upon order of the court to

serve his/her sentence, a CICL may in lieu of
confinement in a regular penal institution, serve in
an agricultural camp and other training facilities
that may be supervised by the Bureau of
Correction, in coordination with the DSWD.
G. Competent Authority

• Family Courts have exclusive

jurisdiction over cases involving
children in conflict with the law.
• Jurisdiction is vested with Regional
Trial Courts in places where there are
no family courts.
 V. THE PHILIPPINES’ INSTITUTIONAL TREATMENT OF CICL

• Republic Act No. 10630 or the Act Strengthening the Juvenile Justice
System provided for the establishment of an Intensive Juvenile
Intervention and Support Center for children (IJISC) under the minimum
age of criminal responsibility in “Bahay Pag-asa”.
• The “Bahay Pag-asa” is a 24-hour child-care institution funded and
managed by local government units (LGU) and licensed and/or
accredited non-government organizations.
• Children in conflict with the law who are 15 to 18 years old shall be
housed in these temporary shelters while awaiting trial and the
judgement to be rendered by the courts.
• Republic Act No. 10630 also clarified procedures for children below the minimum
age if criminal responsibility, including those who commit serious offences.
• It provides that any child aged 12 to 15 who commits a serious offence punishable
by more than 12 years’ imprisonment should be deemed a neglected child under the
Child and Youth Welfare Code.
• As a neglected child, the minor should be placed in the IJISC. The same is true with a
child who was previously subjected to a community-based intervention programme.
• He shall also be deemed a neglected child and as such shall undergo an intensive
intervention programme supervised by the LSWDO.
• The child will undergo appropriate intervention programmes through the written
authorization for voluntary commitment of the child as executed by the parents or
guardians or through a petition in the court for the involuntary confinement filed by
the LSWDO or DSWD.
• The “Bahay Pag-asa” will be managed by a multi-
disciplinary team composed of a social worker, a
psychologist/mental health professional, a medical
doctor, an educational guidance counsellor, and a
member of the Barangay Council for the Protection
of Children (BCPC).
• They will come up with individualized intervention
plan for the child and his/her family.
• Based on the recommendation of the multi-
disciplinary team of the IJISC, the LSWDO or
the DSWD, the court may require the parents
of the CICL to undergo counselling or any
other intervention that would advance the
best interest of the child.
 VI. THE PHILIPPINES’ COMMUNITY-BASED (NON-INSTITUTIONAL)
TREATMENT OF CICL
A. Who can avail?
• One of the disposition measures that can be availed of by a CICL under
suspended sentence is Community-based Rehabilitation.
• The CICL shall be released to parents, guardians, relatives or any other
responsible person in the community.
• The LSWDO shall supervise the CICL in coordination with his/her
parents/guardian.
• Examples of these programmes are: competency and life skills
development; socio-cultural and recreational activities; community
volunteer projects; leadership training; spiritual enrichment; and, family
welfare services.
B. Cooperation between Community-based Treatment and
Institutional Treatment

• If the best interest of the child requires, the CICL shall be referred
to a youth care facility or ‘Bahay Pag-asa’ managed by LGUs or
licensed and/or accredited NGOs monitored by the DSWD.
• As mentioned previously, a CICL who was previously subjected to
a community-based intervention programme can be deemed a
neglected child.
• As such, a CICL shall undergo an intensive intervention
programme supervised by the LSWDO.
 VII. THE PHILIPPINES’ SOCIAL INTEGRATION OF CICL

• Aftercare support services shall be made to prevent re-offending. These will

be given for a period of at least six months.
• These services could include life skills development, livelihood programmes
and membership to existing youth organizations.
• The aftercare support services shall be provided by the LSWDO. However,
licensed and accredited non-government organizations may also be tapped.
• As with the previous programmes, it will require active participation of both
the child and his/her parents or guardians.
• The ultimate objective of providing the CICL with interventions that will
improve their social functioning is for them to be eventually reintegrated to
their families and to their communities as well.
 VIII. THE PHILIPPINE JUVENILE JUSTICE SYSTEM

• In its effort to articulate the Juvenile Justice System in laws, rules and
guidelines, the method of its proponents has always been experimented
serving as a working hypothesis which is continually being retested in
the laboratories of youth detention homes.
• Throughout the history of its implementation, R.A. No. 9344 and its
progeny have been hailed as a medium of hope for CICL. During such
times, the Juvenile Justice System also faced criticism and difficulty. As
such, the Juvenile Justice System of the Philippines is at odds with itself
as to whether or not the present system warrants reconsideration.
Today, the Philippines should see this exigency.
 REFERENCES
• Chavez, Carmelita B., Miguel May V., Pioquinto Paulino V., and Sarte,
Emily K. (2020),“Juvenile Delinquency & Juvenile Justice System”.
Mindshaper Publishing House, Zaragosa, Nueva Ecija, Philippines.
• Reyes, Catherine F., “Sociology of Crimes, Ethics and Human Relations
Module 5, Review Notes”. iMIND Approach Review and Training
Center, Inc., Legazpi City, Albay, Philippines.
• Mwangangi, Rosemary K. (2019), "The Role of Family in Dealing with
Juvenile Delinquency", Open Journal of Social Sciences, Vol.7, No.3.
• Lopez, Arce C.(2020), Instructional Module in Juvenile Delinquency”,
Camarines Norte School of Law, Arts and Sciences, Inc. (CNSL),
Talisay, Camarines Norte, Philippines.
THANK YOU AND GOD BLESS