Mapfiles Juvenile Delinquency and Crime Prevention Mapfiles

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JUVENILE DELINQUENCY AND CRIME a. Recidivism under Article 14 (9) – The

PREVENTION offender at the time of his trial for one crime
shall have been previously convicted by
Definition of Terms final judgment of another embraced in the
Juvenile – a person who is not yet fully same title of the Revised Penal Code.
developed; not yet an adult; having the b. Repetition or reiteracion under Article 14
characteristics of a youth or child; immature. (10) – The offender has been previously
Youth – the condition or quality of being punished for an offense which the law
young; an early period of development or attaches an equal or greater penalty or for
existence; the time of life between childhood two or more crimes to which it attaches a
and maturity. lighter penalty.
Adolescence – is the transgression stage c. Habitual delinquency under Article 62 (5)

– The offender within the period of 10 years
between childhood and adulthood. The
period of life as turbulent, emotional one, from the date of his release or last
filled with storm and stress, brought on by conviction of the crimes of serious or less
the various biological changes of puberty. serious physical injuries, robo, hurto, estafa
or falsification, is found guilty of the any of
Delinquency – any act which may be said crimes a third time or oftener.
brought before the court and adjudicated
where in fact it is to be treated or indeed d. Quasi-recidivism under Article 160 – Any
remain untreated. person who shall commit a felony after
having been convicted by final judgment
Parental Authority –is the mass of rights and before beginning to serve such sentence or
obligations which parents have in relation to while serving such sentence shall be
the person and property of their children punished by the maximum period
until their emancipation, and even after prescribed by law for the new felony.
under certain circumstances.
HISTORY OF JUVENILE DELINQUENCY
Juvenile Delinquency - It refers to an anti-
1. Code of Hammurabi – Oldest known
social acts or behaviors committed by
minors which are contrary to the norms of code dating from 2270 B.C. Children who
the society. It involves oftentimes disowned their parents and sons who
misdemeanors, but may include also cursed their father are severely being
offenses and felonies. Under RA 9344, punished.
juvenile delinquent are now called child-in- 2. Roman Law and Canon (Church) law –
conflict with the law. The use of the word Approximately two thousand years ago,
―juvenile‖ or other similar terms against made distinction between juveniles and
the child would amount to a crime of adults based on the notion ―age of
labeling or shaming. responsibility.
Youthful Offender – is one who is below 18 3. Ancient Jewish Law – The Talmud
years of age at the time of the commission specified condition under which immaturity
of the offense. Different forms of repetition was to be considered in imposing
or habituality of the offender:
MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

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punishment. There was no corporal distinguish right from wrong (Blackstone

punishment prior to puberty, which was 1803, 22-24). Children over fourteen were
considered to be the age of twelve for treated much the same as adults.
females and thirteen for males. No capital
punishment is to be imposed on those 6. Chancery or equity courts – Created by
offenders less than twenty years of age. the king of England, under the guidance of
King’s chancellor.
4. Codification of Roman Law – In 5th
century B.C., this law resulted in the Chancery courts were created to consider
―Twelve Tables, which made it clear that petitions of those who needed special aid or
children were criminally responsible for intervention, such as woman and children
violation of law and were to be dealt with by who needed protection and aid because of
same criminal justice system as adults. divorce, the death of a spouse, or
abandonment, and to grant relief to such
Children came to be classified as “infans,” persons. Through the chancery courts, the
“proximus infantiae.” In general. ―infans king exercise the right of parens patria
were not held criminally responsible, but (parents of the country) by enabling these
those approaching puberty who knew the courts to act in loco parentis (in the place of
difference between right and wrong were parents) to provide necessary services for
held accountable. For much of Roman the benefit of women and children. In other
history, ―infantia meant the inability to words, the king, as ruler of his country, was
speak, but in the fifth century A.D. this age to assume responsibility for all those under
is fixed at seven years and children under his rule, to provide parental care for children
that age were exempt from criminal liability. who had no parents, and to assist women
The legal age of puberty was fixed at who required aid for any of the reasons
fourteen for boys and twelve for girls: youth mentioned above.
above these ages were held criminally
liable. For children between the ages seven 7. Law of King Aethelstan (924-939 A.D) –
and puberty, liability was based on their Old English law provided penalties for
capacity to understand the difference children. Any thief over 12 years old
between right and wrong. received a punishment of death if he stole
more than 12 pence, (later the amount was
5. Anglo Saxon Common Law (Law based reduced to 8 pence). However, with the
on custom or usage) - The distinction made passage of time the law was eased for
between adult and juvenile offenders in children, and no one under sis teen years
England at this time are most significant. could be put to death unless he resisted or
Under common law, children under the age run away.
of seven were presumed incapable of
forming criminal intent and therefore were 8. Statute of Artificers (1562) – Stated that
not subject to criminal sanctions. Children children of paupers could be involuntarily
between seven and fourteen were not separated from their parents and
subject to criminal sanctions unless it could apprenticed to others.
be demonstrated that they had formed 9. Poor Law Act of 1601 – Provided for
criminal intent, understood the involuntary separation of children from their
consequences of their actions, and could impoverished parents, and these children

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were then placed in bondage to local 1899 – The first Juvenile or ―family‖ court
residents as apprentices. was established in Cook County Illinois.
Statute of Artificers and Poor Law Act of 1899 – 1967 – This has been referred to as
1601 were placed in bondage to local the era of ―socialized juvenile justice.
residents as apprentices.
THEORIES OF DELINQUENCY
10. House of Refuge (1825) – the
predecessor of the American Reformatory 1. Social Disorganization Theory - It was
School. Reformation of juveniles is recognized early in twentieth century by
emphasized instead of punishment. sociologist Clifford Shaw and Henry McKay.
According to social disorganization theory,
PERSONALITIES IN JUVENILE disorganized areas cannot exert social
DELINQUENCY control over acting-out youth; these areas
can be identified by their relatively high level
1. Pope Clement XI – In 1704 in Rome, of change, fear, instability, incivility, poverty
established the Hospital of St. Michael, the and deterioration, and these factors have a
first institution for the treatment of juvenile direct influence on the area’s delinquency
offenders. The stated purpose of the rate.
hospital was to correct and instruct unruly
youth so they might become useful citizens. 2. Anomie Theory - Advocated by Emile
Durkheim, anomie is normlessness
2. Robert Young – In 1788 established the produced by rapidly shifting moral values,
first private, separate institution for youthful this occurs when personal goals cannot be
offenders in England. The goal of the achieve using available means.
institution was to educate and instruct in
some useful trade or occupation the Anomie refers to a breakdown of social
children of convicts or such other infant poor norms and it is a condition where norms no
as engaged in a vagrant and criminal longer control the activities of members in
course of life. society. Individuals cannot find their place in
society without clear rules to help guide
3. Albert K. Cohen – The first man who them. Changing conditions as well as
attempted to find out the process of adjustments in life leads to dissatisfaction,
beginning of the delinquent subculture. conflict, and deviance.
Kingwood Reformatory – This was 3. Strain Theory - This contend that certain
established for the confinement of the classes are denied legitimate access to
―hordes of unruly children who infested the culturally determined goals and
streets of new industrial towns‖ of England. opportunities and the resulting frustration,
New York Committee on Pauperism – In results in illegitimate activities or rejection of
the society’s goal.
1818, the committee gave the term
―Juvenile Delinquency. Its first public According to sociologist Robert Merton,
recognition by referring it as a major cause although most people share common values
of pauperism. and goals, the means for legitimate
economic and social success are stratified

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by socio economic class. Consequently b. The conflict/violent gang. Non-stable and

these youths may either use deviant non-integrated, where there is an absence
methods to achieve their goals or reject of criminal organization resulting in
socially accepted goals and substitute instability. This gang aims to find reputation
deviant ones. for toughness and destructive violence.
Sources of Strain c. The Retreatist Gang. Is equally

unsuccessful in legitimate as well as
a. Strain caused by the failure to achieve illegitimate means. They are known as
positively valued goals double failures, thus retreating into a world
b. Strain caused by the disjunction of of sex, drugs, and alcohol.
expectations and achievements 5. Class Conflict Theory. According to
c. Strain as the removal of positively valued Richard Quinney and William Chambliss,
conflict theory is based upon the view that
stimuli from the individual
the fundamental causes of crime are the
d. Strain as the presentation of negative social and economic forces operating within
stimuli the society. The criminal justice system and
criminal law are thought to be operating in
4. Differential Opportunity Theory - behalf of rich and the powerful social elites,
Delinquent subcultures, according to with resulting policies aimed at controlling
Richard Cloward and Lloyd Ohlin, flourish in the poor. The criminal justice establishment
the lower-classes and take particular forms aims at imposing standards of morality and
so that the means for illegitimate success good behavior created by the powerful on
are no more equally distributed than the the whole of society. Focus is on separating
means for legitimate success. They argue the powerful from have nots who would
that the types of criminal subcultures steal from others and protecting themselves
depend on the area in which they develop. from physical attacks. In the process the
Ohlin and Cloward stated that the varying legal rights of poor folks might be ignored.
form of delinquent subcultures depended The middle class are also co-opted; they
upon the degree of integration that was side with the elites rather than the poor,
present in the community. thinking they might themselves rise to the
top by supporting the status quo.
Three types of delinquent gangs by Cloward
and Ohlin 6. Differential Oppression Theory. John D.
Hewitt and Robert Regoli proposed that
a. The Criminal Gang. Emerge in areas
much serious juvenile delinquency is a
where conventional as well as non-
product of the oppression of children by
conventional values of behavior are
adults, particularly within the context of
integrated by a close connection of
family. The maltreatment of children has
illegitimate and legitimate businesses. This
been found to be highly correlated with both
type of gang is stable than the ones to
serious and moderate delinquency as well
follow. Older criminals serve as role models
as other problem behaviors. This theory
and they teach necessary criminal skills to
argues that adult perception of children
the youngsters.
force youths into socially defined and

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controlled inferior roles, including the 10. Labeling Theory. This theory views that
socially constructed ―juvenile delinquency‖ youths may violate the law for a variety of
role that separates youthful and adult reasons, including poor family relations,
offenders for treatment and control. peer pressure, psychological abnormality,
and pro-delinquent learning experiences.
7. Differential Association Theory. Asserts Regardless of the cause of individuals’
that criminal behavior is learned primarily delinquent behaviors are detected, the
within interpersonal groups and that youths offenders will be given a negative label that
will become delinquent if definitions they can follow them throughout life. These label
have learned favorable to violating the law include “troublemaker”, “juvenile
exceed definitions favorable to obeying the delinquent”, “mentally ill”, “junkie” and more.
law within the group. This theory was
introduced by Edwin Sutherland. 11. Social Control Theory. This perspective
states that members in society form bonds
8. Social Learning Theory. This theory view with other members in society or institution
that behavior is modeled through in society such as parents, pro-social
observation, either directly through intimate friends, and churches, schools, teachers,
contact with others, or indirectly through and sports teams. The social bonds include
intimate contact with others, or indirectly the ties and affection that develop between
through media; interactions that are children and key people in their lives;
rewarded are copied, where as those that commitment to social norms of behavior and
are punished are avoided. The family may to succeed in regards to such values as
serve as a training ground for violence since getting good education, a good job and
the child perceive physical punishment as being successful; involvement in activities;
the norm during conflict situations with and finally that most persons are brought up
others. to believe in and respect the law.
9. Drift Theory (Neutralization Theory). 12. Self-derogation Theory. Introduced by
Gresham Sykes proposed that juveniles Kaplan states that all motivated to maximize
sense a moral obligation to be bound by the our self-esteem, motivation to conform will
law. Such a bind between a person and the be minimized by family, school and peer
law remains in place most of the time, they interactions that devalue our sense of self,
argue. When it is not in place, delinquents interactions and behavior may be self-
will drift. Juveniles rationalize their acts. defacing or self-enhancing.
13. Interactional Theory. Originated by

Terrence Thornberry, he viewed that
BLAME THE VICTIM DENIAL OF RESPONSIBILITY weakening of a child’s social bond as the
fundamental cause of delinquency. The
CONDEMN CONDEMNERS theory examined the changing nature of
DENIAL OF INJURY
relationships over the life course. It
emphasized the reciprocal nature between
APPEAL TO HIGHER AUTHORITIES many of the variables used to explain
delinquency.

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14. Self-control Theory. In short, self-control delinquency may come as a result of acting
theory suggests that deviance simply results against authority, or to rebel against cultural
from the individual’s inability to effectively norms and goals.
control his/her impulses. Self-control theory
argues that it is the absence of self-control 18. Routine Activities Theory. This theory
rather than the presence of some force or viewed that crime is a normal function of the
factor such as poverty, anomie, routine activities of modern living; offenses
opportunities for deviance, delinquent can be expected if there is a motivated
peers, exposure to definitions favorable to offender and suitable target that is not
deviance, etc. that leads to deviance. protected by capable guardians.
15. Culture Deviance Theory. Links The routine activities approach gives equal
delinquent acts to the formation of weight to the role of both the victim and the
independent subcultures with a unique set offender in the crime process. Criminal
of values that clash with the main stream opportunity is significantly influenced by the
culture. This theory argues that children victim’s lifestyle and behavior. The greater
learn deviant behavior socially through the opportunity for criminals and victims to
exposure to others and modeling of others interact, the greater the probability of crime;
action. reduce
16. Structural Functionalism Theory. Some 19. Learning Theory. Posits that
social structures exert a definite pressure delinquency is learn through close
upon certain persons in society to engage in relationships with others; it asserts that
non-conforming rather than conforming children are born “good” and learn to be
behavior. These structural and ideological “bad” from others.
dreams can cause great distress for those Learning theories hold that children living in
who cannot reach these goals. Juveniles even the most deteriorated areas can resist
who engage in crimes do so, according to inducements to crime if they have learned
these perspectives, as a means to defy proper values and behavior. Delinquency,
society’s defined goals and innovate their by contrast, develops by learning the values
own goals of delinquent behavior. and behavior associated by criminal activity.
17. Rational Choice Theory. They argue in NATURE OF DELINQUENCY
many cases, deviance is a result of highly
calculation of risks and awards. Prospective Stages of Delinquency
deviants weigh their own chance of gain
against the risk of getting caught, and Emergence - The child begins with petty
thereby decide a course of action. larceny between 8 and sometime during the
12th year
Juveniles however do not always choose
the most rational actions. There values are Exploration - He then may move on to
different from adult and their motives are shoplifting and vandalism between ages 12
different from an adult criminal. Adolescent to 14.
are also notorious for not thinking before
Explosion - At age 13, substantial increase
they act. These actions which constitute
in variety and seriousness

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Conflagration - At around 15, four or more than gang activity or slum residence. They
types of crime are added. are having “weak ego” “the asocial”,
experienced early and severe parental
Outburst - Those who continue on rejection. They have poor personal relations
adulthood will progress into more and suffer general social isolation.
sophisticated or more violent forms of
criminal behavior Factors Affecting Juvenile Delinquency:
Classification of delinquency 1. Family - The basic institution in our

society for developing a child’s potential, in
Unsocialized Aggression – Rejected or all its many aspects like emotional,
abandoned no parents to imitate and intellectual, moral and spiritual both physical
become aggressive. and social. It is within the family that the
Socialize Delinquency – Membership of child must learn to curb his desires and to
accept rules that defines the time, place and
fraternities or groups that advocate bad
things. circumstance under which highly personal
needs maybe satisfied in socially
Over-inhibited – Group secretly trained to acceptable ways.
do illegal activities, like marijuana
cultivation. Home- referred to as the ―cradle of human
personality.
Juvenile Delinquency Tendencies
a. Child’s birth order in the family
Malicious – Expression of defiance b. Family size
c. Quality of home life
Negativistic – Changeable attitudes like not
being satisfied in status. MODELS OF FAMILY LIFE
Non-utilitarian – Vandalistic attitude like a. CORPORATE MODEL – the father

graffiti. is the chief executive officer. The
mother, the chief operating officer,
Hedonistic – Doing bad thing for pleasure. implements the father’s policy and
managing the staff (children) who in
Types of Delinquents
turn have the privileges and
Occasional Delinquents – these delinquents responsibility.
participate in a group. They have common b. TEAM MODEL – the father is the
or similar characteristics. They are “pro- head, the mother is the chief of the
social” (They do what others are doing). training table and head cheerleader.
The children, suffering from frequent
Gang Delinquents – Generally commits the performance anxiety, play the rules
most serious infractions, is most often sent and stay in shape in conformity with
to a correctional institution, and most often calisthenics. Competition is the
continuous in a pattern of semi-professional name and winning is everything.
criminal behavior as an adult. c. MILITARY MODEL – father is the
general, mother is the guard on duty
Maladjusted Delinquents – The activity
and nurse. Unruly children are given
stems from personality disturbance rather

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swift punishment and insubordinate accommodation in a high delinquency

wives will be dishonorably area.
discharged. Punishments are swift
and sadism is called character 3. People who divorce are less stable in
building. character than normal, and pass their
d. BOARDING SCHOOL MODEL – instability on to their children.
father is the headmaster, in charge Single Parent family
with the training of the school minds
and bodies, the mother is the dorm Effect of Single-Parent family
counselor, who oversees the
emotions and illnesses of the 1. Single parents are much more likely
students (children). The parents’ to be living in poverty, or living in a high-
duty is to teach and test. delinquency area than are married
e. THEATRICAL MODEL – father is persons.
the producer, mother is the
2. Single-parent may find it more difficult
manager, and the children are the
to control their children during late
actresses. Lines are scripted and the
childhood and adolescence.
plot is predictable.
3. The fathers of the children of single-
FAMILY REJECTION – parental
mothers may have criminal behavior or
rejection causes delinquent behavior.
alcoholism which may have influenced
HOME DISCIPLINE – inadequate their children prior to family-breakdown
supervision commonly results to
2. Peers – The most difficult to resist of
delinquency.
them all.
BROKEN HOME - this does not refer
Psychologists have long recognized that as
only to the separation of parents leaving
children mature, the nature of their
their children behind, but includes the
friendship pattern also evolves. While
presence of parents who are
patterns are the primary source of influence
irresponsible that children experience
and attention in children’s early years,
constant quarrel in the home. Broken
children seek out a stable peer group.
homes are associated with an increase
risk in deviant behavior. Delinquent Peers – the weight of the
empirical evidence indicate the youths who
Effects of Family Breakdown to the
are loyal to delinquent friends, belong to a
Children:
gang, have bad companions, and are
1. Being brought up by one parent otherwise involved with deviant peers are
instead of two decreases the amount of the ones most likely to commit a crime.
surveillance which protects against
Gangs
delinquency.
Characteristics of Gang
2. Separation plunges the family into
poverty, which is associated with Organization - creation of an administrative
deviance and forces the family to find body.

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Leadership – gangs have established RA 9262 – Anti-Violence Against Women

leaders, like militaristic or mafia style model and their Children Act of 2004.
– the top authority positions analogous to
that of the highest ranking officer in a R.A. 8044 - Created the National Youth
military unit, rule by force by the leader who Commission.
is usually older, stronger and reversed by RA 7610 – Anti-Child Abuse Law
gang members.
R.A. 8369 – It established the ―Family
Turf – Particular territory or neighborhood Court‖.
crossing turf boundaries and entering
another gang territory. R.A. 9208 – Anti-Trafficking in Persons
Act of 2003.
Cohesiveness – share privacies with one
another than their non-delinquents to R.A. 8552 – Domestic Adoption Act
believe they can trust their friends and have
their trust on their friends. R.A. 8043 – Inter-Country Adoption Act of
1995
Purpose – delinquent gangs have been
typically though to exist for the purpose of PD No. 1619 – Anti-Sniffing of Rugby.
committing offense. This law is not applicable to children under
the express provision of RA 9344 (Sec 58).
3. Mass Media – The most influential of the
factors. PD No. 1563 – Anti-Mendicancy Law.
This law is not applicable to children under
4. Church and Religion - Involves the the express provision of RA 9344 (Sec 58).
inculcation of a set of moral belief that lead
in the direction of social approved behavior. E.O. 209 – The Family Code of the
Philippines
5. School - A public instrument for training
young people. It is more directly accessible R.A. No. 8370 – Children’s Television Act
to change through the development of new of 1997 (violent x-rated films)
resources and policies.
R.A. No. 8504 – Philippine AIDS
Teacher – Considered as the 2nd parent of Prevention and Control Act of 1998
the child.
E.O. No. 56 – Authorizing the Ministry of
RELATED LAWS AFFECTING CHILDREN Social Services and Development to take
Protective Custody of Child Prostitutes and
PD 603 – It is known as the Child and sexually Exploited Children – below 17
Youth Welfare Code. It was approved on years of age
December 10, 1974 and took effect on June
10, 1975. E.O. No. 275 – Creating a Committee for
the Special Protection of Children from All
R.A. 6809 - Lowering the age of majority Forms of Neglect, Abuse, Cruelty,
from 21 to 18 years of age. Exploitation, Discrimination and Other
Conditions Prejudicial to their Development.
RA 9344 – Juvenile Justice Welfare Act
of 2006. It was approved on April 28, 2006.

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R.A. No. 6972 – Barangay Level Emotional neglect exists: when children
Development and Protection of Children Act are maltreated, raped or seduced; when
Creation of a Day-Care Center in energy children are exploited, overworked or made
barangay to work under conditions not conducive to
good health; or are made to beg in the
R.A. No. 8353 – Anti-rape Law of 1997 streets or public places, or when children
R.A. No. 7438 – And Act Defining Certain are in moral danger, or exposed to
Rights of Person Arrested, Detained or gambling, prostitution and other vices.
Under Custodial Investigation Art. 168. Mentally Retarded Children. -
R.A. No. 9255 – An Act allowing Mentally retarded children are (1) socially
illegitimate children to use the surname of incompetent, that is, socially inadequate
their father amending for purpose Art. 176 and occupationally incompetent and unable
of Executive Order 209 otherwise known as to manage their own affairs; (2) mentally
the ―Family Code‖ of the Philippines. subnormal; (3) retarded intellectually from
birth or early age; (4) retarded at maturity;
Salient Features of Presidential Decree 603 (5) mentally deficient as a result of
“THE CHILD & YOUTH WELFARE CODE” constitutional origin, through hereditary or
Article 141. Definition of Terms: disease, and (6) essentially incurable. Art.
169. Classification of Mental Retardation. -
1. Dependent Child - one who is without a Mental Retardation is divided into four
parent, guardian or custodian; or one whose classifications:
parents, guardian or other custodian for
good cause desires to be relieved of his 1. Custodial Group. The members of this
care and custody; and is dependent upon classification are severely or profoundly
the public for support. retarded, hence, the least capable group.
This includes those with I.Q.s to 25.
2. Abandoned Child - one who has no
proper parental care or guardianship, or 2. Trainable Group. The members of this
whose parents or guardians have deserted group consist of those with I.Q.s from about
him for a period of at least six (6) 25 to about 50; one who belongs to this
continuous months. group shows a mental level and rate of
development which is 1/4 to 1/2 that of the
3. Neglected Child - one whose basic needs average child, is unable to acquire higher
have been deliberately unattended or academic skills, but can usually acquire the
inadequately attended. Neglect may occur basic skills for living to a reasonable degree.
in two ways:
3. Educable Group. This group's I.Q. ranges
There is a physical neglect when the child from about 50 to about 75, and the
is malnourished, ill clad and without proper intellectual development is approximately
shelter. 1/2 to 3/4 of that expected of a normal child
of the same chronological age. Many of the
A child is unattended when left by himself
educable retardates may reach 5th or 6th
without provisions for his needs and/or
grade educational level and can develop
without proper supervision.
occupational skills which may result in

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partial or complete economic independence 2. Child at Risk – refers to a child who is

in adulthood. vulnerable to and at the risk of committing
criminal offenses because of personal,
4. Borderline or Low Normal Group. This is family and social circumstances, such as,
the highest group of mentally retarded, with but not limited to, the following:
I.Q.s from about 75 to about 89. The
members of this classification are only being abused by any person through
slightly retarded and they can usually get by sexual, physical, psychological, mental,
in regular classes if they receive some extra economic or any other means and the
help, guidance and consideration. parents or guardian refuse, are unwilling, or
unable to provide protection for the child;
Idiot - offensive term in a now disused
classification system for somebody with an being exploited including sexually or
IQ of about 25 or under and a mental age of economically;
less than 3 years. Imbecile - former
classification system, somebody with an IQ being abandoned or neglected, and after
between 25 and 50 and a mental age of diligent search and inquiry, the parent or
between three and seven years Insane - guardian cannot be found;
Lacking reasonable thought: showing a coming from a dysfunctional or broken
complete lack of reason or foresight.
family or without a parent or guardian;
Art. 170. Physically Handicapped being out of school;
Children. - Physically handicapped children
are those who are crippled, deaf-mute, being a streetchild;
blind, or otherwise defective which restricts
their means of action or communication with being a member of a gang;
others. Art. 171. Emotionally Disturbed
living in a community with a high level of
Children. - Emotionally disturbed children
criminality or drug abuse; and
are those who, although not afflicted with
insanity or mental defect, are unable to living in situations of armed conflict.
maintain normal social relations with others
and the community in general due to 3. Child in Conflict with the Law – refers to a
emotional problems or complexes. Art. 172.
child who is alleged as, accused of, or
Mentally Ill Children. - Mentally ill children
adjudged as, having committed an offense
are those with any behavioral disorder,
under Philippine laws.
whether functional or organic, which is of
such a degree of severity as to require 4. Community-based Programs – refers to
professional help or hospitalization. Salient the programs provided in a community
Features of Republic Act No. 9344 “THE setting developed for purposes of
JUVENILE JUSTICE WELFARE ACT Sec. intervention and diversion, as well as
4. Definition of Terms. rehabilitation of the child in conflict with the
law, for reintegration into his/her family
1. Child – refers to a person under the age
and/or community
of eighteen (18) years.

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5. Diversion – refers to an alternative, child- of the offense shall be exempt from criminal
appropriate process of determining the liability. However, the child shall be
responsibility and treatment of a child in subjected to an intervention program
conflict with the law on the basis of his/her pursuant to Section 20 of this Act. A child
above fifteen (15) years but below eighteen
6. Diversion Program – refers to the (18) years of age shall likewise be exempt
program that the child in conflict with the law from criminal liability and be subjected to an
is required to undergo after he/she is found intervention program, unless he/she has
responsible for an offense without resorting acted with discernment, in which case, such
to formal court proceedings. child shall be subjected to the appropriate
7. Restorative Justice –refers to a principle proceedings in accordance with this Act.
The exemption from criminal liability herein
which requires a process of resolving
conflicts with the maximum involvement of established does not include exemption
the victim, the offender and the community. from civil liability, which shall be enforced in
accordance with existing laws SEC. 8.
It seeks to obtain reparation for the victim;
reconciliation of the offender, the offended Juvenile Justice and Welfare Council
and the community; and reassurance to the (JJWC). - A Juvenile Justice and Welfare
offender that he/she can be reintegrated Council (JJWC) is hereby created and
into society. It also enhances public safety attached to the Department of Justice and
by activating the offender, the victim and the placed under its administrative supervision.
community in prevention strategies. The JJWC shall be chaired by an
undersecretary of the Department of Social
8. Status Offenses – refers to offenses Welfare and Development. It shall ensure
which discriminate only against a child, the effective implementation of this Act and
while an adult does not suffer any penalty coordination among the following agencies:
for committing similar acts. These shall SEC. 21. Procedure for Taking the Child
include curfew violations; truancy, parental into Custody. - From the moment a child is
disobedience and the like. taken into custody, the law enforcement
officer shall:
9. Juvenile Justice and Welfare System –
refers to a system dealing with children at Explain to the child in simple language
risk and children in conflict with the law, and in a dialect that he/she can understand
which provides child-appropriate why he/she is being placed under custody
proceedings, including programs and and the offense that he/she allegedly
services for prevention, diversion, committed;
rehabilitation, re-integration and aftercare to
ensure their normal growth and Inform the child of the reason for such
development. custody and advise the child of his/her
constitutional rights in a language or dialect
10. Victimless Crimes – refers to offenses understood by him/her;
where there is no private offended party.
Properly identify himself/herself and
SEC. 6. Minimum Age of Criminal present proper identification to the child;
Responsibility. - A child fifteen (15) years of
age or under at the time of the commission

13
Refrain from using vulgar or profane child shall be secured in quarters separate
words and from sexually harassing or from that of the opposite sex and adult
abusing, or making sexual advances on the offenders;
child in conflict with the law;
Record the following in the initial
Avoid displaying or using any firearm, investigation:
weapon, handcuffs or other instruments of
force or restraint, unless absolutely Whether handcuffs or other instruments
necessary and only after all other methods of restraint were used, and if so, the reason
of control have been exhausted and have for such;
failed; That the parents or guardian of a child,
Refrain from subjecting the child in the DSWD, and the PA0 have been
conflict with the law to greater restraint than informed of the apprehension and the
is necessary for his/her apprehension; details thereof; and
Avoid violence or unnecessary force; The exhaustion of measures to determine

the age of a child and the precise details of
Determine the age of the child pursuant the physical and medical examination or the
to Section 7 of this Act; failure to submit a child to such
examination; and
Immediately but not later than eight (8)
hours after apprehension, turn over custody Ensure that all statements signed by the
of the child to the Social Welfare and child during investigation shall be witnessed
Development Office or other accredited by the child's parents or guardian, social
NGOs, and notify the child's apprehension. worker, or legal counsel in attendance who
The social welfare and development officer shall affix his/her signature to the said
shall explain to the child and the child's statement.
parents/guardians the consequences of the
child's act with a view towards counseling A child in conflict with the law shall only be
and rehabilitation, diversion from the searched by a law enforcement officer of
criminal justice system, and reparation, if the same gender and shall not be locked up
appropriate; in a detention cell.
Take the child immediately to the proper SEC. 23. System of Diversion. - Children in
medical and health officer for a thorough conflict with the law shall undergo diversion
physical and mental examination. The programs without undergoing court
examination results shall be kept proceedings subject to the conditions herein
confidential unless otherwise ordered by the provided:
Family Court. Whenever the medical Where the imposable penalty for the
treatment is required, steps shall be
crime committee is not more than six (6)
immediately undertaken to provide the years imprisonment, the law enforcement
same; officer or Punong Barangay with the
Ensure that should detention of the child assistance of the local social welfare and
in conflict with the law be necessary, the development officer or other members of
the LCPC shall conduct mediation, family

14
conferencing and conciliation and, where days from the start of the preliminary
appropriate, adopt indigenous modes of investigation.
conflict resolution in accordance with the
best interest of the child with a view to SEC. 38. Automatic Suspension of
accomplishing the objectives of restorative Sentence. - Once the child who is under
justice and the formulation of a diversion eighteen (18) years of age at the time of the
program. The child and his/her family shall commission of the offense is found guilty of
be present in these activities. the offense charged, the court shall
determine and ascertain any civil liability
In victimless crimes where the imposable which may have resulted from the offense
penalty is not more than six (6) years committed. However, instead of
imprisonment, the local social welfare and pronouncing the judgment of conviction, the
development officer shall meet with the child court shall place the child in conflict with the
and his/her parents or guardians for the law under suspended sentence, without
development of the appropriate diversion need of application: Provided, however,
and rehabilitation program, in coordination That suspension of sentence shall still be
with the BCPC; applied even if the juvenile is already
eighteen years (18) of age or more at the
Where the imposable penalty for the time of the pronouncement of his/her guilt.
crime committed exceeds six (6) years Upon suspension of sentence and after
imprisonment, diversion measures may be considering the various circumstances of
resorted to only by the court. the child, the court shall impose the
SEC. 33. Preliminary Investigation and appropriate disposition measures as
provided in the Supreme Court Rule on
Filing of Information. - The prosecutor shall
conduct a preliminary investigation in the Juveniles in Conflict with the Law. SEC. 39.
following instances: (a) when the child in Discharge of the Child in Conflict with the
conflict with the law does not qualify for Law. - Upon the recommendation of the
diversion: (b) when the child, his/her parents social worker who has custody of the child,
the court shall dismiss the case against the
or guardian does not agree to diversion as
specified in Sections 27 and 28; and (c) child whose sentence has been suspended
when considering the assessment and and against whom disposition measures
recommendation of the social worker, the have been issued, and shall order the final
prosecutor determines that diversion is not discharge of the child if it finds that the
appropriate for the child in conflict with the objective of the disposition measures have
law. Upon serving the subpoena and the been fulfilled. The discharge of the child in
affidavit of complaint, the prosecutor shall conflict with the law shall not affect the civil
notify the Public Attorney's Office of such liability resulting from the commission of the
service, as well as the personal information, offense, which shall be enforced in
and place of detention of the child in conflict accordance with law. Salient Features of
with the law. Upon determination of Republic Act No. 9262 “THE ANTI
probable cause by the prosecutor, the VIOLENCE AGAINST WOMEN &
information against the child shall be filed CHILDREN’S ACT” SEC. 3. Definition of
before the Family Court within forty-five (45) Terms.-

15
1. Violence against women and their Psychological violence –refers to acts or

children – refers to any act or a series of omissions causing or likely to cause mental
acts committed by any person against a or emotional suffering of the victim such as
woman who is his wife, former wife, or but not limited to intimidation, harassment,
against a woman with whom the person has stalking, damage to property, public ridicule
or had a sexual or dating relationship, or or humiliation, repeated verbal abuse and
with whom he has a common child, or mental infidelity. It includes causing or
against her child whether legitimate or allowing the victim to witness the physical,
illegitimate, within or without the family sexual or psychological abuse of a member
abode, which result in or is likely to result in of the family to which the victim belongs, or
physical, sexual, psychological harm or to witness pornography in any form or to
suffering, or economic abuse including witness abusive injury to pets or to unlawful
threats of such acts, battery, assault, or unwanted deprivation of the right to
coercion, harrasment or arbitrary custody and/or visitation of common
deprivation of liberty. It includes, but is not children.
limited to, the following acts:
Economic abuse – refers to acts that
Physical Violence – refers to acts that make or attempt to make a woman
include bodily or physical harm; financially dependent which includes, but is
not limited to the following:
sexual violence – refers to an act which is
sexual in nature, committed against a withdrawal of financial support or
woman or her child. It includes, but is not preventing the victim from engaging in any
limited to: legitimate profession, occupation, business
or activity, except in cases wherein the
rape, sexual harassment, acts of other spouse/partner objects on valid,
lasciviousness, treating a woman or her serious and moral grounds as defined in
child as a sex object, making demeaning Article 73 of the Family Code;
and sexually suggestive remarks, physically
attacking the sexual parts of the victim’s deprivation or threat of deprivation of
body, forcing her/him to watch obscene financial resources and the right to the use
publications and indecent shows or forcing and enjoyment of the conjugal, community
the woman or her child to do indecent acts or property owned in common;
and/or make films thereof, forcing the wife
and mistress/lover to live in the conjugal destroying household property;
home or sleep together in the same room controlling the victims’ own money or
with the abuser; properties or solely controlling the conjugal
acts causing or attempting to cause the money or properties.
victim to engage in any sexual activity by 2. Battery – refers to an act of inflicting
force, threat of force, physical or other harm physical harm upon the man or her child
or threat of physical or other harm or resulting to the physical and psychological
coercion; or emotional distress.
Prostituting the woman or child.

16
3. Battered Woman Syndrome – refers to a c. Attempting to cause the woman or her

scientifically defined pattern of child physical harm;
psychological and behavioral symptoms
found in women living in battering d. Placing the woman or her child in fear of
relationships as a result of cumulative imminent physical harm;
abuse. e. Attempting to compel or compelling the
4. Stalking – refers to an intentional act woman or her child to engage in conduct
committed by a person who, knowingly and which the woman or her child has the right
without lawful justification follows the to desist from or desist from conduct which
woman or her child or places the woman or the woman or her child has the right to
her child under surveillance directly or engage in, or attempting to restrict or
indirectly or a combination thereof. restricting the woman’s or her child’s
freedom of movement or conduct by force
5. Dating relationship – refers to a situation or threat of force, physical or other harm or
wherein the parties live as husband and threat of physical or other harm, or
wife without the benefit of marriage or are intimidation directed against the woman or
romantically involved over time and on a child. This shall include, but not limited to,
continuing basis during the course of the the following acts committed with the
relationship. A casual acquaintance or purpose or effect of controlling or restricting
ordinary socialization between two the woman’s or her child’s movement or
individuals in a business or social context is conduct:
not a dating relationship.
Threatening to deprive or actually
6. Sexual relations – refers to a single depriving the woman or her child of custody
sexual act which may or may not result in to her/his family;
the bearing of a common child.
Depriving or threatening to deprive the
7. Children – refers to those below eighteen woman or her children of financial support
(18) years of age or older but are incapable legally due her or her family, or deliberately
of taking care of themselves as defined providing the woman’s children insufficient
under Republic Act No. 7610. As used in financial support;
this Act, it includes the biological children of
the victim and other children under her care. Depriving or threatening to deprive the
woman or her child of a legal right;
SEC. 5. Acts of Violence Against Women
and Their Children.- The crime of violence Preventing the woman in engaging in any
against women and their children is legitimate profession, occupation, business
committed through any of the following acts: or activity or controlling the victim’s own
mon4ey or properties, or solely controlling
a. Causing physical harm to the woman or the conjugal or common money, or
her child; properties;
b. Threatening to cause the woman or her f. Inflicting or threatening to inflict physical

child physical harm; harm on oneself for the purpose of
controlling her actions or decisions;

17
g. Causing or attempting to cause the and (b) of this Act. A Punong Barangay who
woman or her child to engage in any sexual receives applications for a BPO shall issue
activity which does not constitute rape, by the protection order to the applicant on the
force or threat of force, physical harm, or date of filing after ex parte determination of
through intimidation directed against the the basis of the application. If the Punong
woman or her child or her/his immediate Barangay is unavailable to act on the
family; application for a BPO, the application shall
be acted upon by any available Barangay
h. Engaging in purposeful, knowing, or Kagawad. If the BPO is issued by a
reckless conduct, personally or through Barangay Kagawad the order must be
another, that alarms or causes substantial accompanied by an attestation by the
emotional or psychological distress to the Barangay Kagawad that the Punong
woman or her child. This shall include, but Barangay was unavailable at the time for
not be limited to, the following acts: the issuance of the BPO. BPOs shall be
effective for fifteen (15) days. Immediately
Stalking or following the woman or her
child in public or private places; after the issuance of an ex parte BPO, the
Punong Barangay or Barangay Kagawad
Peering in the window or lingering outside shall personally serve a copy of the same
the residence of the woman or her child; on the respondent, or direct any barangay
official to effect is personal service. SEC.
Entering or remaining in the dwelling or 15. Temporary Protection Orders. –
on the property of the woman or her child Temporary Protection Orders (TPOs) refers
to the protection order issued by the court
against her/his will;
on the date of filing of the application after
Destroying the property and personal ex parte determination that such order
belongingness or inflicting harm to animals should be issued. A court may grant in a
or pets of the woman or her child; and TPO any, some or all of the reliefs
mentioned in this Act and shall be effective
Engaging in any form of harassment or for thirty (30) days. The court shall schedule
violence; a hearing on the issuance of a PPO prior to
or on the date of the expiration of the TPO.
i. Causing mental or emotional anguish,
The court shall order the immediate
public ridicule or humiliation to the woman
personal service of the TPO on the
or her child, including, but not limited to,
respondent by the court sheriff who may
repeated verbal and emotional abuse, and
obtain the assistance of law enforcement
denial of financial support or custody of
agents for the service. The TPO shall
minor children of access to the woman’s
include notice of the date of the hearing on
child/children.
the merits of the issuance of a PPO.
SEC. 14. Barangay Protection Orders
SEC. 16. Permanent Protection Orders. –
(BPOs); Who May Issue and How. -
Permanent Protection Order (PPO) refers to
Barangay Protection Orders (BPOs) refer to
protection order issued by the court after
the protection order issued by the Punong
notice and hearing.
Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a)

18
Sec. 23. Bond to Keep the Peace. – The Any act by deeds or words which
Court may order any person against whom debases, degrades or demeans the intrinsic
a protection order is issued to give a bond worth and dignity of a child as a human
to keep the peace, to present two sufficient being;
sureties who shall undertake that such
person will not commit the violence sought Unreasonable deprivation of his basic
to be prevented. Sect. 24. Prescription needs for survival such as food and shelter;
Period. – Acts falling under Sections 5(a) to or
5(f) shall prescribe in twenty (20) years. Failure to immediately give medical
Acts falling under Sections 5(g) to 5(I) shall treatment to an injured child resulting in
prescribe in ten (10) years. Sec. 25. Public
serious
Crime. – Violence against women and their
children shall be considered a public impairment of his growth and development
offense which may be prosecuted upon the or in his permanent incapacity or death.
filing of a complaint by any citizen having
personal knowledge of the circumstances SEC. 7. Child Trafficking.- Any person who
involving the commission of the crime. Sec. shall engage in trading and dealing with
26. Battered Woman Syndrome as a children including, but not limited to, the act
Defense. – Victim-survivors who are found of buying and selling of a child for money, or
by the courts to be suffering from battered for any other consideration, or barter, shall
woman syndrome do not incure any criminal suffer the penalty of reclusion temporal to
and civil liability notwithstanding the reclusion perpetua. The penalty shall be
absence of any of the elements for justifying imposed in its maximum period when the
circumstances of self-defense under the victim is under twelve (12) years of age.
Revised Penal Code. REPUBLIC ACT NO. Section 12. Employment of Children.-
7610 “THE ANTI-CHILD ABUSE LAW” Sec. Children below fifteen (15) years of age may
3. Definition of Terms. be employed: Provided, That the following
minimum requirements are present;
1. Children – refers to persons below
eighteen (18) years of age or those over but a. The employer shall secure for the child a
are unable to fully take care of themselves work permit from the Department of Labor
or protect themselves from abuse, neglect, and Employment;
cruelty, exploitation or discrimination
b. The employer shall ensure the protection,
because of a physical mental disability or
health, safety, and morals of the child;
condition;
c. The employer shall institute measures to
2. Child Abuse – refers to the maltreatment,
prevent exploitation or dis-crimination taking
whether habitual or not, of the child which
into account the system and level of
includes any of the following:
remuneration, and the duration and
Psychological and physical abuse, arrangement of working time; and
neglect, cruelty, sexual abuse and
d. The employer shall formulate and
emotional maltreatment;
implement a continuous program for training
and skill acquisition of the child.

19
e. The Department of Labor and f. All appropriate steps shall be taken to

Employment shall promulgate rules and facilitate the reunion of families temporarily
regulations necessary for the effective separated due to armed conflict.
implementation of this section.
SEC. 25. Rights of Children Arrested for
SEC. 22. Children as Zones of Peace. - Reasons Related to Armed Conflict.- Any
Children are hereby declared as Zones of child who has been arrested for reasons
Peace. It shall be the responsibility of the related to armed conflict, either as
State and all other sectors concerned to combatant, courier, guide or spy is entitled
resolve armed conflict in order to promote to the following rights:
the goal of children as zones of peace. To
attain this objective, the following policies a. Separate detention from adults except
shall be observed: where families are accommodated as family
units;
a. Children shall not be the object of attack
and shall be entitled to special respect. b. Immediate free legal assistance;
They shall be protected from any form of c. Immediate notice of such arrest to the
threat, assault, torture or other cruel, parents or guardian of the child; and
inhumane or degrading treatment;
d. Release of the child on recognizance
b. Children shall not be recruited to become within twenty-four (24) hours to the custody
members of the Armed Forces of the of the Department of Social Welfare and
Philippines or its civilian units or other Development or any responsible member of
armed groups, nor be allowed to take part in the community as determined by the court.
the fighting, or used as guides, couriers, or
spies; Executive Order 209 THE FAMILY CODE
OF THE PHILIPPINES FAMILY – basic
c. Delivery of basic social services such as social institution which public policy
education, primary health and emergency cherishes and protects. Hence, no suit
relief services shall be kept unhampered; between members of the family shall
d. The safety and protection of those who prosper unless compromise between parties
provide services including those involved in has failed. FAMILY RELATIONS INCLUDE:
fact-finding missions from both government 1. Between husband and wife
and non-government institutions shall be
ensured. They shall not be subjected to 2. Between parents and children
undue harassment in the performance of
their work; 3. Among other ascendants and
descendants
e. Public infrastructure such as schools,
hospitals and rural health units shall not be 4. Among brothers and sisters, full or half
utilized for military purposes such as blood.
command posts, barracks, detachments,
MARRIAGE is a special contract of
and supply depots; and
permanent union between a man and a
woman entered into in accordance with law
for the establishment of conjugal and family

20
life. It is the foundation of the family and an (a) Any incumbent member of the judiciary
inviolable social institution whose nature, within the court’s jurisdiction.
consequences, and incidents are governed
by law and not subject to stipulation, except (b) Any priest, rabbi, imam or minister of
that marriage settlement may fix the any church or religious sect duly authorized
property relations during the marriage within by his church or religious sect and
the limits provided by the Family Code. registered with the civil registrar general,
Principles of Marriage acting within the limits granted to him by his
church and provided that one of the
1. Union – Physical and spiritual mating contracting parties belongs to the
solemnizing officer’s church or religious
2. Of one man with one woman – This is sect.
monogamy, which is the ideal marriage.
(c) Any ship captain or airplane chief only in
3. Reciprocal Blessing – marriage is a 50- cases of articulo mortis. A marriage in
50 proposition articulo mortis between passengers or crew
4. Birth – One purpose of marriage is the members may also be solemnized not only
procreation of children. while the ship is at sea or the plane in flight,
but also during stopovers at ports of call.
5. Rearing – The care of both parents is
(d) Any military commander of a unit to
essential.
which a chaplain is assigned, in the
6. Education of Children - It is the natural absence of the latter, during a military
right of parents to educate their children. operation. A military commander of a unit
who is a commissioned officer, shall
Essential Requisites of Marriage likewise have the authority to solemnize
marriages in articulo mortis between
1. Legal capacity of contracting parties who
persons within the zone of military
must be male and a female. This means
operation, whether members of the armed
that the parties must have the necessary
forces or civilians.
age or the necessary consent of parents in
certain cases. (e) Any consul-general, consul or vice-
consul. Marriages between Filipino citizens
Age 18-21 – Needs parental consent Age
abroad may be solemnized and the
22-25 – Needs parental advice There must
issuance of the marriage license and the
be no impediment caused by a prior existing
duties of the local civil registrar and the
marriage or by certain relationships by
solemnizing officer with regard to the
affinity or consanguinity.
celebration of marriage shall be performed
2. Consent freely given in the presence of by said consular official.
the solemnizing officer.
(f) Under the Family Code, governors,
Formal Requisites of Marriage mayors and ambassadors are not
authorized to perform marriages. However,
1. Authority of Solemnizing Officer under the Local Government Code, mayors
are now authorized to perform marriages
within their jurisdiction.

21
2. Valid marriage license. The license 3. A marriage ceremony. It shall be held

shall be valid in any part of the Philippines with the appearance of the contracting
for a period of one hundred twenty days parties before the solemnizing officer and
(120 days) from the date of issue, and shall their personal declaration that they take
be deemed automatically cancelled at the each other as husband and wife in the
expiration of said period if the contracting presence of not less than two witnesses.
parties have not made use of it.
Other Consequences of Marriage
No marriage license shall be issued to a
widow after three hundred days following a. Marriage emancipates a person from
the death of her husband, unless in the parental authority as to person. As to
meantime she has given birth to a child. he property, there is an incomplete
purpose is to prevent doubtful paternity. The emancipation.
following cases are exception from b. A husband and a wife can chastise or
having a license:
reprimand each other, but may not inflict
(a) Marriage in Articulo Mortis. In case force, except when either catches the other
either or both of the contracting parties are in the act of sexual intercourse with a
at the point of death, the marriage may be stranger.
solemnized without the necessity of a
c. The Marriage Privilege Rule. A husband
marriage license and shall remain valid cannot be examined for or against his wife
even if the ailing party subsequently without her consent; or the wife against her
survives. husband without his consent, except in civil
cases by one against the other, or in a
(b) Marriage in remote places. If the criminal case for a crime committed by one
residence of either party is so located that against the other.
there is no means of transportation to
d. The Marital Communication Rule. The
enable such party to appear personally husband or wife during the marriage or
before the local civil registrar. afterwards, cannot be examined without the
(c) Marriage of people who have consent of the other as to any
previously cohabited for at least 5 years. communication received in confidence by
No license shall be necessary for the one from the other during the marriage.
marriage of a man and a woman who have e. A wife should use the husband’s
lived together as husband and wives for at surname.
least five years and without any legal
impediment to marry each other. The VOID AND VOIDABLE MARRIAGE
contracting parties shall state the foregoing
facts in an affidavit before any person 1. Those contracted by any party below
authorized by law to administer oaths. eighteen years of age even with the consent
of parents or guardians.
(d) Marriages between pagans or
Muslims, who live in non—Christian 2. Those solemnized by any person not
provinces, and who are married in legally authorized to perform marriages
accordance with their customs. unless such marriages were contracted with

22
either or both parties believing in good faith 9. Between parties where one, with the
that the solemnizing officer had the legal intention to marry the other, killed the other
authority to do so. person’s spouse, or his own spouse.
3. Those solemnized without a license Other Void marriage
4. Those bigamous or polygamous marriage 1. Marriages in play, drama or movie
5. Those contracted through mistake of one 2. Marriages between two boys and two
contracting party as to the identity of the girls
other.
3. Marriages in jest
6. Those subsequent marriage that are void
4. Common law marriages.
7. A marriage by any party who, at the time
of celebration, was psychology Impediments in marriage
incapacitated to comply with the essential
1. Diriment Impediment. They make the
marital obligations of marriage, shall marriage void.
likewise be void even if such incapacity
becomes manifest only after its Close blood relationship
solemnization.
Prior existing marriage
By reason of Public Policy
2. Prohibitive Impediment. They do not
1. Between collateral blood relatives, affect the validity of marriage, but criminal
whether legitimate or illegitimate, up to the prosecution may follow.
fourth civil degree
3. Absolute Impediment. Here the person
2. Between step-parents and step-children cannot marry at all.
3. Between parents-in-law and children-in- When one is below the required age of 18
law
4. Relative Impediment. Here the prohibition
4. Between the adopting parent and is only with respect to certain persons.
adopted child
ANNULMENT AND LEGAL SEPARATION
5. Between the surviving spouse of the Two kinds of Divorce
adopting parent and adopted child
1. Absolute divorce – Marriage is
6. Between the surviving spouse of the dissolved.
adopted child and the adopter
2. Relative divorce or Legal Separation –
7. Between an adopted child and a Marriage is not dissolved; here, the parties
legitimate child of the adopter are merely separated from bed and board
8. Between adopted children of the same Grounds for Annulment

adopter
(a) Non-age

23
(b) Unsoundness of mind. That either party (f) Lesbianism or homosexuality of the
was found unsound mind, unless such respondent
party, after coming to reason, freely
cohabitated with the other as husband and (g) Contracting by the respondent of a
wife. subsequent bigamous marriage, whether in
the Philippines or abroad
(c) Fraud. There is fraud when, thru
insidious words or machinations of one of (h) Sexual infidelity or perversion
the contracting parties, the other is induced (i) Attempt by the respondent against the
to enter into a contract which, without them life of the petitioner
he would have not have agreed to.
(j) Abandonment of the petitioner by
(d) That the consent was obtained by force, respondent without justifiable cause for
intimidation or undue influence. more than one year.
(e) That either party was physically THE FAMILY HOME The family home,
incapable of consummating the marriage constituted jointly by the husband and wife
with the other, and such incapacity
or by unmarried head of the family, is the
continues and appears to be incurable dwelling house where they and their family
(f) That either party was afflicted with a reside, and the land on which it is situated.
sexually transmissible disease found to be Beneficiaries of a family home
serious and incurable.
The husband and wife, or an unmarried
Grounds for legal Separation head of the family
(a) Repeated physical violence or grossly Their parents, ascendants, descendants,

abusive conduct directed against the brothers and sisters, whether the
petitioner, a common child, or a child of the relationship be legitimate or illegitimate, who
petitioner. are living in the family home and who
depend upon the head of the family for
(b) Physical violence or moral pressure to support.
compel the petitioner to change religious or
political affiliation. Family home shall be exempted from
execution, forced sale or attachment,
(c) Attempt of the respondent to corrupt or except:
induce the petitioner, a common child, or a
child of the petitioner, to engage in For non payment of taxes
prostitution, or connivance in such For debts incurred prior to the constitution
corruption or inducement.
of the family home
(d) Final judgment sentencing the For debts secured by mortgages on the
respondent to imprisonment of more than premises before or after the constitution
six years, even if pardoned.
For debts due to laborers, mechanics,
(e) Drug addiction or alcoholism of the architects builders, material men and others
respondent

24
who have rendered service or furnished illegitimate child who has given the rights
materials for the construction of the building. of a legitimate child, provided the following
requisites are present:
PATERNITY AND FILIATIONS
a. Conceived and born outside wedlock of
Filiations is the judicial determination of parents who at the time of the conception of
paternity which is the relation of child to the child, were not disqualified by any
father. The filiations of children may be by impediment to marry each other.
nature or by adoption. Natural filiations may
be legitimate or illegitimate. While paternity b. A subsequent valid marriage between
is the civil status relationship of the father to parents. If a marriage is voidable but
the child, filiations is the civil status or subsequently annulled, the legitimation
relationship of the child to the father. remains valid, for after all, a voidable
marriage is valid until annulled.
Legitimate Child is one conceived or born
during the marriage of the parents. Legitimated Child - An legitimate child who
Legitimacy of a child may be impugned only has given the rights of a legitimate child,
on the following grounds: provided the following requisites are
present:
a. That it was physically impossible for the
husband to have sexual intercourse with his a. Conceived and born outside wedlock of
wife within the first 120 days of the 300 days parents who at the time of the conception of
which immediately preceded the birth of the the child, were not disqualified by any
child because of: impediments to marry each other.
the physical incapacity of the husband to b. A subsequent valid marriage between

have sexual intercourse parents. If a marriage is voidable but
subsequently annulled, the legitimation
the fact that the husband and wife were remains valid, for after all, a voidable
living separately that sexual intercourse is marriage is valid until annulled.
impossible
DNA Testing is a valid means of
serious illness of the husband, which determining paternity. It is not against the
absolutely prevented sexual intercourse. Constitutional right against self-incrimination
b. That it is proved that for biological or nor against the right to privacy (Agustin v.
CA). Trial Courts should require at least
other scientific reasons, the child could not
have been that of the husband. 99.9% as the minimum value of DNA Test
Result on probability of Paternity prior to a
c. That in case of children conceived paternity inclusion. This rebuttable
through artificial insemination, the written presumption of paternity is subject to the
authorization or ratification of either parent Vallejo Test (Herrera v. Alba). R.A. No.
was obtained through mistake, fraud, 9255 – Illegitimate children may use the
violence, intimidation or undue influence. surname of their father if their filiation has
been expressly recognized by the father,
Illegitimate Child is one who was conceived either through:
and born outside a valid marriage. An

25
a. record of birth in civil register spouse a relative by consanguinity of the

latter.
b. father’s admission in public document
4. Husband and wife must jointly adopt,
c. father’s admission in private handwritten except in following cases:
document
When one spouse seeks to adopt his own
ADOPTION Adoption is defined as the illegitimate child
process of making a child, whether related
or not to the adopter, possess in general, When one spouse seeks to adopt the
the rights accorded to a legitimate child. legitimate child of the other.
Generally, only minors are adopted, except
in cases when the adoption of a person of In case husband and wife jointly adopt or
majority age is allowed. Qualification of an one spouse adopts the illegitimate child of
Adopter the other, joint parental authority shall be
exercised. Joint parental authority is
1. A person of age and in possession of full exercised if the husband and wife jointly
civil capacity and legal rights may adopt, adopt and one spouse adopts the legitimate
provided he is in the position to support and child of the other. In case there is a
care for the children in keeping with the disagreement in the exercise of such joint
means of his family parental authority, the father’s decision shall
prevail, unless there is a judicial order to the
2. He must be at least 16 years older than contrary. The following may not be adopted
the person to be adopted, unless the
adopter is the parent by nature of the 1. A person of legal age, unless he or she is
adopted. the child by nature of the adopter or his or
her spouse, or prior to the adoption, said
The following persons may not adopt person had been consistently considered
1. The guardian with respect to the ward and treated by the adopter as his or her own
prior to the approval of the final accounts child during minority;
rendered upon termination of their 2. An alien with whose government the
guardianship status. Republic of the Philippines has no
2. Any person who has been convicted of a diplomatic relations;
crime involving moral turpitude 3. A person who has already been adopted
3. An alien, except: unless such adoption has been previously
revoked or rescinded
A former Filipino citizen who seeks to
The written consent of the following to the
adopt a relative by consanguinity.
adoption shall be necessary
One who seeks to adopt legitimate child
of his or her Filipino spouse; or a. The person to be adopted, 10 years of
age or over.
One who is married to a Filipino citizen
and seeks to adopt jointly with his or her

26
b. The parents by nature of the child, the 2. If the child dies ahead of his father, the
legal guardian, or the proper government heir of the child can get the child’s legitime
instrumentality; from the father’s estate in the testamentary
succession.
c. The legitimate and adopted children, 10
years of age or over, of the adopting PARENTAL AUTHORITY
parents;
PARENTAL AUTHORITY (PATRIA
d. The legitimate children, 10 years of age POTESTAS) is the mass of rights and
or over, of the adopting parents, if living with obligations which parents have in relation to
said parent and the latter’s spouse if any; the person and property of their children
and until their emancipation, and even after
under certain circumstances.
e. The spouse, if any of the person adopting
or to be adopted. CHARACTERISTICS OF PARENTAL
AUTHORITY:
Effects of Adoption
1. It is a natural right and duty of the parents
a. For civil purposes, the adopted shall be (Art. 209)
deemed to be legitimate child of the
adopters and both shall acquire the 2. It cannot be renounced, transferred or
reciprocal rights and obligations arising from waived, except in cases authorized by law
the relationship of parents and child, (Art 210)
including the right of the adopted to use the
surname of the adopters; 3. It is jointly exercised by the father and the
mother (Art. 211)
b. The parental authority of the parents by
nature over the adopted shall be terminated 4. It is purely personal and cannot be
and be vested in the adopters, except that if exercised through agents
the adopter is the spouse of the parents by 5. It is temporary
nature of the adopted, parental authority
shall be exercise jointly by both spouse; SUSPENSION OF PARENTAL
AUTHORITY: CHOBA
c. The adopted shall remain intestate heir of
his parents and other blood relatives. 1. Conviction of parent for crime without civil
interdiction
LEGITIMATE
2. Treats child with excessive harassment
1. The legitimate of each legitimate child is and cruelty
half of the parents state divided by the
number of children. The legitimate must 3. Gives corrupting orders, counsel or
always be given unless the child is validly example
disinherited for a legal cause. The free
portion of the property may also be given to 4. Compels child to beg
the children to any of them.
5. Subjects to or allows acts of
lasciviousness

27
NOTE: The suspension or deprivation may REPUBLIC ACT NO. 10630

be revoked and the parental authority
revived in a case filed for the purpose or in AN ACT STRENGTHENING THE JUVENILE
JUSTICE SYSTEM IN THE PHILIPPINES,
the same proceeding if the court finds that
AMENDING FOR THE
the cause therefore has ceased and will not PURPOSE REPUBLIC ACT NO. 9344,
be repeated OTHERWISE KNOWN AS THE "JUVENILE
JUSTICE AND WELFARE ACT OF 2006"
GROUNDS FOR THE PERMANENT AND APPROPRIATING FUNDS THEREFOR
TERMINATION OF PARENTAL
AUTHORITY: Be it enacted by the Senate and House of
Representatives of the Philippines in
1. Death of parents Congress assembled:
2. Death of child Section 1. The Title of Republic Act No. 9344

is hereby amended to read as follows: "An Act
3. Emancipation of child Establishing a Comprehensive Juvenile
Justice and Welfare System, Creating the
4. Parents exercising parental authority has Juvenile justice and Welfare Council under the
subjected the child or allowed him to be Department of Social Welfare and
Development, Appropriating Funds Therefor,
subjected to sexual abuse and for Other Purposes."
GENERAL RULE: A child under 7 years of
Section 2. Section 4 of Republic Act No. 9344
age shall not be separated from the mother is hereby amended to read as follows:
UNLESS the court finds compelling reasons
to order otherwise. Paramount "SEC. 4. Definition of Terms. – The
consideration in matters of custody of a following terms as used in this Act
child is the welfare and well-being of the shall be defined as follows:
child (Tonog v. CA). LIABILITY OF
"x x x
PARENTS FOR TORTS COMMITTED BY
THEIR MINOR CHILDREN: Parents and "(s) ‘Bahay Pag-asa’ – refers to a 24-
other persons exercising parental authority hour child-caring institution
shall be civilly liable for the injuries and established, funded and managed by
damages caused by the acts or omissions local government units (LGUs) and
of their minor PROVIDED the children are licensed and/or accredited
nongovernment organizations (NGOs)
living in their company and under their providing short-term residential care
parental authority. This is subject to the for children in conflict with the law who
appropriate defenses provided by law are above fifteen (15) but below
eighteen (18) years of age who are
awaiting court disposition of their
cases or transfer to other agencies or
jurisdiction.
"Part of the features of a ‘Bahay Pag-

asa’ is an intensive juvenile
intervention and support center. This
will cater to children in conflict with the
law in accordance with Sections 20,
20-A and 20-B hereof.

28
"A multi-disciplinary team composed created and attached to the

of a social worker, a Department of Social Welfare and
psychologist/mental health Development and placed under its
professional, a medical doctor, an administrative supervision. The JJWC
educational/guidance counselor and a shall be chaired by an Undersecretary
Barangay Council for the Protection of of the Department of Social Welfare
Children (BCPC) member shall and Development. It shall ensure the
operate the ‘Bahay Pag-asa’. The effective implementation of this Act
team will work on the individualized and coordination among the following
intervention plan with the child and the agencies:
child’s family.
"(a) Department of Justice
"x x x." (DOJ);
Section 3. Section 6 of Republic Act No. 9344 "(b) Council for the Welfare of
is hereby amended to read as follows: Children (CWC);
"SEC. 6. Minimum Age of Criminal "(c) Department of Education

Responsibility. – A child fifteen (15) (DepED);
years of age or under at the time of
the commission of the offense shall be "(d) Department of the Interior
exempt from criminal liability. and Local Government (DILG);
However, the child shall be subjected
to an intervention program pursuant to "(e) Public Attorney’s Office
Section 20 of this Act. (PAO);
"A child is deemed to be fifteen (15) "(f) Bureau of Corrections

years of age on the day of the fifteenth (BUCOR);
anniversary of his/her birthdate.
"(g) Parole and Probation
"A child above fifteen (15) years but Administration (PPA);
below eighteen (18) years of age shall
likewise be exempt from criminal
"(h) National Bureau of
liability and be subjected to an
Investigation (NBI);
intervention program, unless he/she
has acted with discernment, in which
case, such child shall be subjected to "(i) Philippine National Police
the appropriate proceedings in (PNP);
accordance with this Act.
"(j) Bureau of Jail
"The exemption from criminal liability Management and Penology
herein established does not include (BJMP);
exemption from civil liability, which
shall be enforced in accordance with "(k) Commission on Human
existing laws." Rights (CHR);
Section 4. Section 8 of Republic Act No. 9344 "(l) Technical Education and
is hereby amended to read as follows: Skills Development Authority
(TESDA);
"SEC. 8. Juvenile Justice and Welfare
Council (JJWC). – A Juvenile Justice "(m) National Youth
and Welfare Council (JJWC) is hereby Commission (NYC); and

29
"(n) Other institutions focused League of Municipalities and

on juvenile justice and League of Barangays.
intervention programs.
"There shall be a Regional Juvenile
"The JJWC shall be composed of Justice and Welfare Committee
representatives, whose ranks shall not (RJJWC) in each region. The RJJWCs
be lower than director, to be will be under the administration and
designated by the concerned heads of supervision of the JJWC. The RJJWC
the following departments or agencies shall be chaired by the director of the
and shall receive emoluments as may regional office of the DSWD. It shall
be determined by the Council in ensure the effective implementation of
accordance with existing budget and this Act at the regional and LGU levels
accounting rules and regulations: and the coordination among its
member agencies.
"(1) Department of Justice
(DOJ); "The RJJWC will be composed of
permanent representatives who shall
"(2) Department of Social have a rank not lower than an
Welfare and Development assistant regional director or its
(DSWD); equivalent to be designated by the
concerned department heads from the
"(3) Council for the Welfare of following agencies and shall receive
Children (CWC); emoluments as may be determined by
the Council in accordance with
existing budget and accounting rules
"(4) Department of Education
and regulations:
(DepED);
"(i) Department of Justice
"(5) Department of the Interior
(DOJ);
and Local Government (DILG);
"(ii) Department of Social
"(6) Commission on Human
Welfare and Development
Rights (CHR);
(DSWD);
"(7) National Youth
"(iii) Department of Education
Commission (NYC);
(DepED);
"(8) Two (2) representatives
"(iv) Department of the Interior
from NGOs, to be designated
and Local Government (DILG);
by the Secretary of Social
Welfare and Development, to
be selected based on the "(v) Commission on Human
criteria established by the Rights (CHR);
Council;
"(vi) Department of Health
"(9) Department of Health (DOH);
(DOH); and
"(vii) Two (2) representatives
"(10) One (1) representative from NGOs operating within
each from the League of the region selected by the
Provinces, League of Cities, RJJWC based on the criteria
established by the JJWC;

30
"(viii) One (1) sectoral "(d) To periodically develop a

representative from the comprehensive 3 to 5-year
children or youth sector within national juvenile intervention
the region; and program, with the participation
of government agencies
"(ix) One (1) representative concerned, NGOs and youth
from the League of Provinces/ organizations;
Cities/ Municipalities/
Barangays of the Philippines. "(e) To coordinate the
implementation of the juvenile
"The JJWC shall convene within intervention programs and
fifteen (15) days from the effectivity of activities by national
this Act. The Secretary of Social government agencies and
Welfare and Development shall other activities which may
determine the organizational structure have an important bearing on
and staffing pattern of the JJWC the success of the entire
national secretariat and the RJJWC national juvenile intervention
secretariat. program. All programs relating
to juvenile justice and welfare
"In the implementation of this Act, the shall be adopted in
JJWC shall consult with the various consultation with the JJWC;
leagues of local government officials.
"(f) To consult with the various
"The JJWC shall coordinate with the leagues of local government
Office of the Court Administrator and officials in the formulation and
the Philippine Judicial Academy to recommendation of policies
ensure the realization of its mandate and strategies for the
and the proper discharge of its duties prevention of juvenile
and functions, as herein provided." delinquency and the promotion
of juvenile justice and welfare;
Section5. Section 9 of Republic Act No. 9344
is hereby amended to read as follows: "(g) To formulate and
recommend policies and
strategies in consultation with
"SEC. 9. Duties and Functions of the
children for the prevention of
JJWC. – The JJWC shall have the
juvenile delinquency and the
following duties and functions:
administration of justice, as
well as for the treatment and
"(a) To oversee the rehabilitation of the children in
implementation of this Act; conflict with the law;
"(b) To advise the President "(h) To collect relevant

on all matters and policies information and conduct
relating to juvenile justice and continuing research and
welfare; support evaluations and
studies on all matters relating
"(c) To assist the concerned to juvenile justice and welfare,
agencies in the review and such as, but not limited to:
redrafting of existing
policies/regulations or in the "(1) The performance
formulation of new ones in line and results achieved
with the provisions of this Act; by juvenile intervention

31
programs and by involved in the administration

activities of the local of the juvenile justice and
government units and welfare system and the
other government juvenile intervention program;
agencies;
"(k) To submit an annual
"(2) The periodic report to the President on the
trends, problems and implementation of this Act; and
causes of juvenile
delinquency and "(l) To perform such other
crimes; and functions as may be
necessary to implement the
"(3) The particular provisions of this Act."
needs of children in
conflict with the law in "SEC. 9-A. Duties and Functions of
custody. the RJJWC. – The RJJWC shall have
the following duties and functions:
"The data gathered shall be
used by the JJWC in the "(a) To oversee and ensure
improvement of the the effective implementation of
administration of juvenile this Act at the regional level
justice and welfare system. and at the level of the LGUs;
"The JJWC shall submit an "(b) To assist the concerned

annual report to Congress on agencies in the
the implementation of the implementation and in
provisions of this Act. compliance with the JJWC’s
adopted policies/regulations or
"The JJWC shall set up a provide substantial inputs to
mechanism to ensure that the JJWC in the formulation of
children are involved in new ones in line with the
research and policy provisions of this Act;
development.
"(c) To assist in the
"(i) Through duly designated development of the
persons and with the comprehensive 3 to 5-year
assistance of the agencies local juvenile intervention
provided in the preceding program, with the participation
section, to conduct regular of concerned LGUs, NGOs
inspections in detention and and youth organizations within
rehabilitation facilities and to the region and monitor its
undertake spot inspections on implementation;
their own initiative in order to
check compliance with the "(d) To coordinate the
standards provided herein and implementation of the juvenile
to make the necessary intervention programs and
recommendations to activities by national
appropriate agencies; government agencies and
other activities within the
"(j) To initiate and coordinate region;
the conduct of trainings for the
personnel of the agencies

32
"(e) To oversee the programs spot inspections on their own

and operation of the intensive initiative in order to check
juvenile intervention and compliance with the standards
support center established provided herein and to make
within the region; the necessary reports and
recommendations to
"(f) To collect relevant regional appropriate agencies and to
information and conduct the JJWC;
continuing research and
support evaluations and "(h) To initiate and coordinate
studies on all matters relating the conduct of trainings for the
to juvenile justice and welfare personnel of the agencies
within the region, such as, but involved in the administration
not limited to: of the juvenile justice and
welfare system and the
"(1) Performance and juvenile intervention program
results achieved by within the region;
juvenile intervention
programs and by "(i) To submit an annual report
activities of the LGUs to the JJWC on the
and other government implementation of this Act; and
agencies within the
region; "(j) To perform such other
functions as may be
"(2) The periodic determined by the JJWC to
trends, problems and implement the provisions of
causes of juvenile this Act."
delinquency and
crimes from the LGU Section 6. Section 20 of Republic Act No.
level to the regional 9344 is hereby amended to read as follows:
level; and
"SEC. 20. Children Below the Age of
"(3) The particular Criminal Responsibility. – If it has
needs of children in been determined that the child taken
conflict with the law in into custody is fifteen (15) years old or
custody within their below, the authority which will have an
regional jurisdiction. initial contact with the child, in
consultation with the local social
"The data gathered shall be welfare and development officer, has
forwarded by the RJJWC to the duty to immediately release the
the JJWC on an annual basis child to the custody of his/her parents
and as may be deemed or guardian, or in the absence thereof,
necessary by the JJWC. the child’s nearest relative. The child
shall be subjected to a community-
"(g) Through duly designated based intervention program
persons and with the supervised by the local social welfare
assistance of the agencies and development officer, unless the
provided in the preceding best interest of the child requires the
section, to conduct regular referral of the child to a youth care
inspections in detention and facility or ‘Bahay Pag-asa’ managed
rehabilitation facilities within by LGUs or licensed and/or accredited
the region and to undertake NGOs monitored by the DSWD.

33
"The local social welfare and "SEC. 20-A. Serious Crimes

development officer shall determine Committed by Children Who Are
the appropriate programs for the child Exempt From Criminal Responsibility.
who has been released, in – A child who is above twelve (12)
consultation with the child and the years of age up to fifteen (15) years of
person having custody over the child. age and who commits parricide,
If the parents, guardians or nearest murder, infanticide, kidnapping and
relatives cannot be located, or if they serious illegal detention where the
refuse to take custody, the child may victim is killed or raped, robbery, with
be released to any of the following: homicide or rape, destructive arson,
rape, or carnapping where the driver
"(a) A duly registered or occupant is killed or raped or
nongovernmental or religious offenses under Republic Act No. 9165
organization; (Comprehensive Dangerous Drugs
Act of 2002) punishable by more than
"(b) A barangay official or a twelve (12) years of imprisonment,
member of the Barangay shall be deemed a neglected child
Council for the Protection of under Presidential Decree No. 603, as
Children (BCPC); amended, and shall be mandatorily
placed in a special facility within the
youth care faculty or ‘Bahay Pag-asa’
"(c) A local social welfare and
called the Intensive Juvenile
development officer; or, when
Intervention and Support Center
and where appropriate, the
(IJISC).
DSWD.
"In accordance with existing laws,
"If the child has been found by the
rules, procedures and guidelines, the
local social welfare and development
proper petition for involuntary
officer to be dependent, abandoned,
commitment and placement under the
neglected or abused by his/her
IJISC shall be filed by the local social
parents and the best interest of the
welfare and development officer of the
child requires that he/she be placed in
LGU where the offense was
a youth care facility or ‘Bahay Pag-
committed, or by the DSWD social
asa’, the child’s parents or guardians
worker in the local social welfare and
shall execute a written authorization
development officer’s absence, within
for the voluntary commitment of the
twenty-four (24) hours from the time of
child: Provided, That if the child has
the receipt of a report on the alleged
no parents or guardians or if they
commission of said child. The court,
refuse or fail to execute the written
where the petition for involuntary
authorization for voluntary
commitment has been filed shall
commitment, the proper petition for
decide on the petition within seventy-
involuntary commitment shall be
two (72) hours from the time the said
immediately filed by the DSWD or the
petition has been filed by the
Local Social Welfare and
DSWD/LSWDO. The court will
Development Office (LSWDO)
determine the initial period of
pursuant to Presidential Decree No.
placement of the child within the IJISC
603, as amended, otherwise known as
which shall not be less than one (1)
‘The Child and Youth Welfare Code’
year. The multi-disciplinary team of
and the Supreme Court rule on
the IJISC will submit to the court a
commitment of children: Provided,
case study and progress report, to
further, That the minimum age for
include a psychiatric evaluation report
children committed to a youth care
and recommend the reintegration of
facility or ‘Bahay Pag-asa’ shall be
the child to his/her family or the
twelve (12) years old."

34
extension of the placement under the his/her authority over the child or who,
IJISC. The multi-disciplinary team will with abuse of confidence, takes
also submit a report to the court on the advantage of the vulnerabilities of the
services extended to the parents and child and shall induce, threaten or
family of the child and the compliance instigate the commission of the crime,
of the parents in the intervention shall be imposed the penalty
program. The court will decide prescribed by law for the crime
whether the child has successfully committed in its maximum period."
completed the center-based
intervention program and is already "SEC. 20-D. Joint Parental
prepared to be reintegrated with Responsibility. – Based on the
his/her family or if there is a need for recommendation of the multi-
the continuation of the center-based disciplinary team of the IJISC, the
rehabilitation of the child. The court LSWDO or the DSWD, the court may
will determine the next period of require the parents of a child in conflict
assessment or hearing on the with the law to undergo counseling or
commitment of the child." any other intervention that, in the
opinion of the court, would advance
"SEC. 20-B. Repetition of Offenses. – the welfare and best interest of the
A child who is above twelve (12) years child.
of age up to fifteen (15) years of age
and who commits an offense for the "As used in this Act, ‘parents’ shall
second time or oftener: Provided, That mean any of the following:
the child was previously subjected to a
community-based intervention "(a) Biological parents of the
program, shall be deemed a neglected child; or
child under Presidential Decree No.
603, as amended, and shall undergo
"(b) Adoptive parents of the
an intensive intervention program
child; or
supervised by the local social welfare
and development officer: Provided,
further, That, if the best interest of the "(c) Individuals who have
child requires that he/she be placed in custody of the child.
a youth care facility or ‘Bahay Pag-
asa’, the child’s parents or guardians "A court exercising jurisdiction over a
shall execute a written authorization child in conflict with the law may
for the voluntary commitment of the require the attendance of one or both
child: Provided, finally, That if the child parents of the child at the place where
has no parents or guardians or if they the proceedings are to be conducted.
refuse or fail to execute the written
authorization for voluntary "The parents shall be liable for
commitment, the proper petition for damages unless they prove, to the
involuntary commitment shall be satisfaction of the court, that they were
immediately filed by the DSWD or the exercising reasonable supervision
LSWDO pursuant to Presidential over the child at the time the child
Decree No. 603, as amended." committed the offense and exerted
reasonable effort and utmost diligence
"SEC. 20-C. Exploitation of Children to prevent or discourage the child from
for Commission of Crimes. – Any committing another offense."
person who, in the commission of a
crime, makes use, takes advantage of, "SEC. 20-E. Assistance to Victims of
or profits from the use of children, Offenses Committed by Children. –
including any person who abuses The victim of the offense committed by

35
a child and the victim’s family shall be "(b) If the child is above fifteen
provided the appropriate assistance (15) years old but below
and psychological intervention by the eighteen (18) and who acted
LSWDO, the DSWD and other with discernment, proceed to
concerned agencies." diversion under the following
chapter."
Section 7. Section 22 of Republic Act No.
9344 is hereby amended to read as follows: Section 8. Section 33 of Republic Act No.
9344 is hereby amended to read as follows:
"SEC. 22. Duties During Initial
Investigation. – The law enforcement "SEC. 33. Preliminary Investigation
officer shall, in his/her investigation, and Filing of Information. – The
determine where the case involving prosecutor shall conduct a preliminary
the child in conflict with the law should investigation in the following
be referred. instances: (a) when the child in conflict
with the law does not qualify for
"The taking of the statement of the diversion; (b) when the child, his/her
child shall be conducted in the parents or guardian does not agree to
presence of the following: (1) child’s diversion as specified in Sections 27
counsel of choice or in the absence and 28; and (c) when considering the
thereof, a lawyer from the Public assessment and recommendation of
Attorney’s Office; (2) the child’s the social worker, the prosecutor
parents, guardian, or nearest relative, determines that diversion is not
as the case may be; and (3) the local appropriate for the child in conflict with
social welfare and development the law.
officer. In the absence of the child’s
parents, guardian, or nearest relative, "Upon serving the subpoena and the
and the local social welfare and affidavit of complaint, the prosecutor
development officer, the investigation shall notify the Public Attorney’s Office
shall be conducted in the presence of of such service, as well as the
a representative of an NGO, religious personal information, and place of
group, or member of the BCPC. detention of the child in conflict with
the law.
"The social worker shall conduct an
initial assessment to determine the "Upon determination of probable
appropriate interventions and whether cause by the prosecutor, the
the child acted with discernment, information against the child shall be
using the discernment assessment filed before the Family Court within
tools developed by the DSWD. The forty-five (45) days from the start of
initial assessment shall be without the preliminary investigation. The
prejudice to the preparation of a more information must allege that the child
comprehensive case study report. The acted with discernment."
local social worker shall do either of
the following: Section 9. Section 49 of Republic Act No.
9344 is hereby amended to read as follows:
"(a) Proceed in accordance
with Section 20 if the child is "SEC. 49. Establishment of ‘Bahay
fifteen (15) years or below or Pag-Asa’. – Each province and highly-
above fifteen (15) but below urbanized city (the LGUs) shall be
eighteen (18) years old, who responsible for building, funding and
acted without discernment; operating a ‘Bahay Pag-asa’ within
and their jurisdiction following the

36
standards that will be set by the "SEC. 57-A. Violations of Local

DSWD and adopted by the JJWC. Ordinances. – Ordinances enacted by
local governments concerning juvenile
"Every ‘Bahay Pag-asa’ will have a status offenses such as, but not
special facility called the IJISC. This limited to, curfew violations, truancy,
Center will be allocated for children in parental disobedience, anti-smoking
conflict with the law in accordance and anti-drinking laws, as well as light
with Sections 20, 20-A and 20-B offenses and misdemeanors against
hereof. These children will be required public order or safety such as, but not
to undergo a more intensive multi- limited to, disorderly conduct, public
disciplinary intervention program. The scandal, harassment, drunkenness,
JJWC in partnership with, but not public intoxication, criminal nuisance,
limited to, the DSWD, the DOH, the vandalism, gambling, mendicancy,
DepED and the DILG, will develop and littering, public urination, and
set the standards for the trespassing, shall be for the protection
implementation of the multi- of children. No penalty shall be
disciplinary intervention program of imposed on children for said
the IJISC. Upon institutionalization of violations, and they shall instead be
the IJISC program, the JJWC will brought to their residence or to any
continue to monitor and provide barangay official at the barangay hall
technical assistance to the multi- to be released to the custody of their
disciplinary teams operating the said parents. Appropriate intervention
centers." programs shall be provided for in such
ordinances. The child shall also be
Section 10. Section 50 of Republic Act No. recorded as a ‘child at risk’ and not as
9344 is hereby amended to read as follows: a ‘child in conflict with the law’. The
ordinance shall also provide for
intervention programs, such as
"SEC. 50. Care and Maintenance of
counseling, attendance in group
the Child in Conflict with the Law. – x x
activities for children, and for the
x
parents, attendance in parenting
education seminars."
"The LGUs expected expenditures on
the local juvenile intervention program
Section 12. Mandatory Registry of Children in
for children at risk and children in
Conflict with the Law. – All duty-bearers,
conflict with the law shall be included
including barangay/BCPC workers, law
in the LGUs annual budget. Highly-
enforcers, teachers, guidance counselors,
urbanized cities and provincial
social workers and prosecutors who will
governments should include a
receive report, handle or refer cases of
separate budget for the construction
children in conflict with the law, shall ensure a
and maintenance of the ‘Bahay Pag-
faithful recordation of all pertinent information,
asa’ including the operation of the
such as age, residence, gender, crime
IJISC within the ‘Bahay Pag-asa’."
committed or accused of and the details of the
intervention or diversion, as the case may be,
Section 11. Section 57 of Republic Act No. under which they will undergo or has
9344 is hereby amended to read as follows: undergone, of all children in conflict with the
law to guarantee the correct application of the
"SEC. 57. Status Offenses. – Any provisions of this Act and other laws. The
conduct not considered an offense or JJWC shall lead in the establishment of a
not penalized if committed by an adult centralized information management system
shall not be considered an offense on children in conflict with the law. This
and shall not be punished if committed provision is however without prejudice to
by a child." Section 43 of this Act.

37
Section 13. Section 63 of Republic Act No. other provisions not affected thereby shall
9344 is hereby amended to read as follows: remain valid and binding.
"SEC. 63. Appropriations. – The Section 16. Repealing Clause. – All laws,
amount necessary to carry out the decrees, ordinances and rules inconsistent
provisions of this Act shall be charged with the provisions of this Act are hereby
against the current year’s modified or repealed accordingly.
appropriations of the JJWC under the
budget of the Department of Justice. Section 17. Effectivity Clause. – This Act shall
Thereafter, such sums as may be take effect fifteen (15) days after the
necessary for the continued completion of its publication in the Official
implementation of this Act shall be Gazette or in at least two (2) national
included in the budget of the DSWD newspapers of general circulation.
under the annual General
Appropriations Act: Provided, That the
amount of Four hundred million pesos
(P400,000,000.00) shall be
appropriated for the construction of
‘Bahay Pag-asa’ rehabilitation centers
in provinces or cities with high
incidence of children in conflict with
the law to be determined and
identified by the DSWD and the JJWC
on a priority basis: Provided,
further, That the said amount shall be
coursed through the Department of
Public Works and Highways (DPWH)
for its proper implementation.
"The LGUs concerned shall make

available, from its own resources or
assets, their counterpart share
equivalent to the national government
contribution of Five million pesos
(P5,000,000.00) per rehabilitation
center.
"In addition, the Council may accept

donations, grants and contributions
from various sources, in cash or in
kind, for purposes relevant to its
functions, subject to the usual
government accounting and auditing
rules and regulations."
Section 14. Implementing Rules and

Regulations. – The JJWC shall promulgate
the necessary rules and regulations within
sixty (60) days from the effectivity of this Act.
Section 15. Separability Clause. – If any

provision of this Act is held unconstitutional,

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1

JUVENILE DELINQUENCY AND CRIME a. Recidivism under Article 14 (9) – The

Adolescence – is the transgression stage c. Habitual delinquency under Article 62 (5)

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

punishment. There was no corporal distinguish right from wrong (Blackstone

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

by socio economic class. Consequently b. The conflict/violent gang. Non-stable and

Sources of Strain c. The Retreatist Gang. Is equally

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

13. Interactional Theory. Originated by

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

Classification of delinquency 1. Family - The basic institution in our

Non-utilitarian – Vandalistic attitude like a. CORPORATE MODEL – the father

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

swift punishment and insubordinate accommodation in a high delinquency

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

Leadership – gangs have established RA 9262 – Anti-Violence Against Women

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

partial or complete economic independence 2. Child at Risk – refers to a child who is

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

Avoid violence or unnecessary force; The exhaustion of measures to determine

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

1. Violence against women and their Psychological violence –refers to acts or

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

3. Battered Woman Syndrome – refers to a c. Attempting to cause the woman or her

b. Threatening to cause the woman or her f. Inflicting or threatening to inflict physical

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

e. The Department of Labor and f. All appropriate steps shall be taken to

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

2. Valid marriage license. The license 3. A marriage ceremony. It shall be held

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

3. Those solemnized without a license Other Void marriage

4. Those bigamous or polygamous marriage 1. Marriages in play, drama or movie

8. Between adopted children of the same Grounds for Annulment

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

(a) Repeated physical violence or grossly Their parents, ascendants, descendants,

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

the physical incapacity of the husband to b. A subsequent valid marriage between

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

a. record of birth in civil register spouse a relative by consanguinity of the

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

NOTE: The suspension or deprivation may REPUBLIC ACT NO. 10630

2. Death of child Section 1. The Title of Republic Act No. 9344

"Part of the features of a ‘Bahay Pag-

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

"A multi-disciplinary team composed created and attached to the

"SEC. 6. Minimum Age of Criminal "(c) Department of Education

"A child is deemed to be fifteen (15) "(f) Bureau of Corrections

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

"(n) Other institutions focused League of Municipalities and

MAPFILES JUVENILE DELINQUENCY AND CRIME PREVENTION MAPFILES

"(viii) One (1) sectoral "(d) To periodically develop a

"(b) To advise the President "(h) To collect relevant