JUVENILE DELINQUENCY AND

JUVENILE JUSTICE SYSTEM

INSTRUCTOR: PERSHALYN M. ALMEROL

 THE FAMILY

 The family, being the foundation of the nation, is a basic social institution which public policy cherishes
and protects.

 The State recognizes the sanctity of family life and shall protect and strengthen family as a basic
autonomous social institution. It shall equally protect the life of the unborn from conception.

 The State recognizes the vital role of the youth in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual and social well-being.

 Consequently, family relations are governed by law and no custom, practice or agreement destructive of the
family shall be recognized or given effect.

 Family relations include those between husband and wife; between parent and children; and among brothers
and sisters, whether full or half-blood.
 FAMILY HOME

The family home, constituted jointly by the husband and

wife or by unmarried head of the family, is the dwelling house
where they and their family reside, and the land on which it is
situated.
 BENEFICIARIES OF A FAMILY
HOME
• a. The husband and wife, or an unmarried head of the family

• b. Their parents, ascendants, descendants, brothers and sisters, whether

the relationship be legitimate or illegitimate, who are living in the family
home and who depend upon the head of the family for support.
 FAMILY HOME SHALL BE EXEMPTED FROM EXECUTION,
FORCED SALE OR ATTACHMENT, EXCEPT

• a. For non-payment of taxes

• b. For debts incurred prior to the constitution of the family home
• c. For debts secured by mortgages on the premises before or after the
constitution
• d. For debts due to laborers, mechanics, architects’ builders, material
men and others who have rendered service or furnished materials for the
construction of the building.
 FILIATION

• is the judicial determination of paternity which is

the relation of child to father.
• The filiation of children may be by nature or by
adoption.
• Natural filiation may be legitimate or illegitimate.
 DISTINCTION BETWEEN
PATERNITY AND FILIATION
• While paternity is the civil status relationship of
the father to the child

• filiation is the civil status or relationship of the

child to the father.
 LEGITIMATE CHILD
• One conceived or born during the marriage of the parents.
• Legitimacy of a child may be impugned only on the following grounds:
• a. That it was physically impossible for the husband to have sexual intercourse with his wife within
the first 120 days of the 300 days which immediately preceded the birth of he child because of:
• 1. the physical incapacity of the husband to have sexual intercourse
• 2. the fact that the husband and wife were living separately that sexual intercourse is impossible
• 3. serious illness of the husband, which absolutely prevented sexual intercourse.

• b. That it is proved that for biological or other scientific reasons, the child could not have been that
of the husband.
• c. That in case of children conceived through artificial insemination, the written authorization or
ratification of either parent was obtained through mistake, fraud, violence, intimidation or undue
influence.
 ILLEGITIMATE CHILD

• One who was conceived and born outside a valid

marriage.
Distinction Legitimate child Illegitimate Child
Use of surname Right to bear surname of the Required to use mother’s name
father
Parental Authority Joint authority of parents Under the sole parental
authority of the mother
Support Preferential right to support No such preference
over mother if father has no
sufficient means to meet both
claims

Successional right Entitled to inheritance Entitled to ½ of legitimate

child’s inheritance

Beneficiary right under SSS Primary beneficiary Not primary beneficiary

and GSIS
Paternity leave Father is entitled to Paternity No such benefit
leave of 7 days with full pay
 LEGITIMATED CHILD

• An illegitimate child who has been given the rights of a legitimate

child, provided the following requisites are present:

• a. Conceived and born outside wedlock of parents who at the time of

the conception of the child, were not disqualified by any impediment
to marry each other.

• b. A subsequent valid marriage between parents. If a marriage is

voidable but subsequently annulled, the legitimation remains valid,
for after all, a voidable marriage is valid until annulled.
 ADOPTION
 Adoption is defined as the process of making a child, whether related or not to
the adopter, possesses in general, the rights accorded to a legitimate child.
 The philosophy behind adoption statutes is to promote the welfare of the child
and every reasonable intendment should be sustained to promote that
objective.
 In all cases involving the custody, care, education and property of children, the
child’s welfare is paramount.
 Generally, only minors are adopted, except in cases when the adoption of a
person of majority age is allowed.
 QUALIFICATION OF AN ADOPTER

a. A person of age and in possession of full civil capacity and

legal rights may adopt, provided he is in the position to
support and care for the children in keeping with the means
of his family

b. He must be at least 16 years older than the person to be

adopted, unless the adopter is the parent by nature of the
adopted.
 THE FOLLOWING PERSONS MAY
NOT ADOPT

• a. The guardian with respect to the ward prior to the approval of the final accounts
rendered upon termination of their guardianship status.
• b. Any person who has been convicted of a crime involving moral turpitude
• c. An alien, except:

• 1. A former Filipino citizen who seeks to adopt a relative by consanguinity.

• 2.One who seeks to adopt legitimate child of his or her Filipino spouse; or one who is
married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative
by consanguinity of the latter.
 HUSBAND AND WIFE MUST JOINTLY
ADOPT, EXCEPT IN FOLLOWING CASES:

a. When one spouse seeks to adopt his own illegitimate child

b. When one spouse seeks to adopt the legitimate child of the other.
- In case husband and wife jointly adopt or one spouse adopts the illegitimate child
of the other, joint parental authority shall be exercised.
- Joint parental authority is exercised if the husband and wife jointly adopt and one
spouse adopts the legitimate child of the other. In case there is a disagreement in the
exercise of such joint parental authority, the father’s decision shall prevail, unless there is a
judicial order to the contrary.
 THE FOLLOWING MAY NOT BE
ADOPTED
• a. A person of legal age, unless he or she is the child by nature of the
adopter or his or her spouse, or prior to the adoption, said person had
been consistently considered and treated by the adopter as his or her own
child during minority;
• b. An alien with whose government the Republic of the Philippines has
no diplomatic relations;
• c. A person who has already been adopted unless such adoption has been
previously revoked or rescinded
 THE WRITTEN CONSENT OF THE
FOLLOWING TO THE ADOPTION SHALL
BE NECESSARY
• a. The person to be adopted, 10 years of age or over.
• b. The parents by nature of the child, the legal guardian, or the proper government
instrumentality;
• c. The legitimate and adopted children, 10 years of age or over, of the adopting
parents;
• d. The legitimate children, 10 years of age or over, of the adopting parents, if living
with said parent and the latter’s spouse if any; and
• e. The spouse, if any of the person adopting or to be adopted.
 EFFECTS OF ADOPTION
• a. For civil purposes, the adopted shall be deemed to be legitimate child of the
adopters and both shall acquire the reciprocal rights and obligations arising from the
relationship of parents and child, including the right of the adopted to use the
surname of the adopters;
• b. The parental authority of the parents by nature over the adopted shall be
terminated and be vested in the adopters, except that if the adopter is the spouse of
the parents by nature of the adopted, parental authority shall be exercised jointly by
both spouse;
• c. The adopted shall remain intestate heir of his parents and other blood relatives.
• Legitime

• a. The legitime of each legitimate child is half of the parents’ state

divided by the number of children. The legitime must always be
given unless the child is validly disinherited for a legal cause. The
free portion of the property may also be given to the children to any
of them.

• b. If the child dies ahead of his father, the heir of the child can get the
child’s legitime from the father’s estate in the testamentary
succession.
 PARENTAL AUTHORITY (PATRIA
POTESTAS)
• It is the sum total of the right of parents over the persons and property of their children. It
has for its purpose not only the sound physical development of the children, but also the
cultivation of their intellectual perceptions, and the nourishment of their appetitive and
sensitive faculties. Children shall always observe respect and reverence towards their
parents and are obliged to obey them as long as the children are under parental authority.

• In case of absence or death of either parent, the parent present shall continue exercising
parental authority.

• In case of separation of parents, parental authority shall be exercised by the parent

designated by the court. The Court shall take into account all relevant consideration,
especially the choice of the child over seven years of age, unless the parent chosen is unfit.
• In case of death, absence or unsuitability of the parents,
parental authority shall be exercised by the following in the
order indicated:

• 1) the surviving grandparent;

• 2) The oldest brother or sister, over twenty-one years of age,
unless unfit or disqualified;
• 3) the child’s actual custodian over twenty-one years of age,
unless unfit or disqualified.
 PARENTAL AUTHORITY (EECUTIVE ORDER NO.
209 -THE FAMILY CODE OF THE PHILIPPINES)

 Art. 209. Pursuant to the natural right and duty of parents over the person and property of
their unemancipated children, parental authority and responsibility shall include the caring
for and rearing them for civic consciousness and efficiency and the development of their
moral, mental and physical character and well-being.

 Art. 210. Parental authority and responsibility may not be renounced or transferred except in
the cases authorized by law.

 Art. 211. The father and the mother shall jointly exercise parental authority over the persons
of their common children. In case of disagreement, the father’s decision shall prevail, unless
there is a judicial order to the contrary.
 PARENTAL AUTHORITY (EECUTIVE ORDER NO. 209
-THE FAMILY CODE OF THE PHILIPPINES)

 Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental
authority. The remarriage of the surviving parent shall not affect the parental authority over the children,
unless the court appoints another person to be the guardian of the person or property of the children.

 Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account all relevant considerations, especially the
choice of the child over seven years of age, unless the parent chosen is unfit.

 Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case several survive, the one designated by the court, taking
into account the same consideration mentioned in the preceding article, shall exercise the authority.

 Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and
grandparents, except when such testimony is indispensable in a crime against the descendant or by one
parent against the other.
 SUBSTITUTE AND SPECIAL PARENTAL
AUTHORITY
Art. 216. In default of parents or a judicially appointed guardian, the following person shall
exercise substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified; and
(3) The child’s actual custodian, over twenty-one years of age, unless unfit or
disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed.
 SUBSTITUTE AND SPECIAL PARENTAL
AUTHORITY

Art. 217. In case of foundlings, abandoned neglected or abused children and other children
similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of
children’s homes, orphanages and similar institutions duly accredited by the proper government agency
Art. 218. The school, its administrators and teachers, or the individual, entity or institution
engaged in child are shall have special parental authority and responsibility over the minor child
while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the
premises of the school, entity or institution.
Art. 129. Those given the authority and responsibility under the preceding Article shall be principally
and solidarity liable for damages caused by the acts or omissions of the unemancipated minor. The
parents, judicial guardians or the persons exercising substitute parental authority over said minor shall
be subsidiarily liable.
 EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE
CHILDREN
Art. 220. The parents and those exercising parental authority shall have with the respect to their
unemancipated children on wards the following rights and duties:
(1) To keep them in their company, to support, educate and instruct them by right precept and good
example, and to provide for their upbringing in keeping with their means;
(2) To give them love and affection, advice and counsel, companionship and understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-
discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them
compliance with the duties of citizenship;
(4) To furnish them with good and wholesome educational materials, supervise their activities,
recreation and association with others, protect them from bad company, and prevent them from
acquiring habits detrimental to their health, studies and morals;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law upon parents and guardians.
• Art. 221. Parents and other persons exercising parental authority shall be civilly liable
for the injuries and damages caused by the acts or omissions of their unemancipated
children living in their company and under their parental authority subject to the
appropriate defenses provided by law.

• Art. 222. The courts may appoint a guardian of the child’s property or guardian ad litem
when the best interests of the child so require.

• Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution
exercising parental authority, may petition the proper court of the place where the child
resides, for an order providing for disciplinary measures over the child. The child shall be
entitled to the assistance of counsel, either of his choice or appointed by the court, and a
summary hearing shall be conducted wherein the petitioner and the child shall be heard.
PREVENTION OF JUVENILE DELINQUENCY
 THE FAMILY

- The family shall be responsible for the primary

nurturing and rearing of children which is critical in
delinquency prevention. As far as practicable and in
accordance with the procedures of this Act, a child in
conflict with the law shall be maintained in his/her
family.
 THE EDUCATIONAL SYSTEM

 Educational institutions shall work together with families, community

organizations and agencies in the prevention of juvenile delinquency and in the
rehabilitation and reintegration of child in conflict with the law.

 Schools shall provide adequate, necessary and individualized educational schemes

for children manifesting difficult behavior and children in conflict with the law.

 In cases where children in conflict with the law are taken into custody or detained
in rehabilitation centers, they should be provided the opportunity to continue
learning under an alternative learning system with basic literacy program or non-
formal education accreditation equivalency system.
 THE ROLE OF THE MASS MEDIA

 The mass media shall play an active role in the promotion of child rights, and
delinquency prevention by relaying consistent messages through a balanced approach.

 Media practitioners shall, therefore, have the duty to maintain the highest critical and
professional standards in reporting and covering cases of children in conflict with the
law.

 In all publicity concerning children, the best interest of the child should be the
primordial and paramount concern. Any undue, inappropriate and sensationalized
publicity of any case involving a child in conflict with the law is hereby declared a
violation of the child's rights.
 ESTABLISHMENT AND STRENGTHENING OF LOCAL
COUNCILS FOR THE PROTECTION OF CHILDREN

• Local Councils for the Protection of Children (LCPC) shall be

established in all levels of local government, and where they have
already been established, they shall be strengthened within one (1)
year from the effectively of this Act.

• Membership in the LCPC shall be chosen from among the

responsible members of the community, including a representative
from the youth sector, as well as representatives from government
and private agencies concerned with the welfare of children.
 ESTABLISHMENT AND STRENGTHENING
OF LOCAL COUNCILS FOR THE
PROTECTION OF CHILDREN

 The local council shall serve as the primary agency to coordinate with
and assist the LGU concerned for the adoption of a comprehensive plan
on delinquency prevention, and to oversee its proper implementation.

 One percent (1%) of the internal revenue allotment of barangays,

municipalities and cities shall be allocated for the strengthening and
implementation of the programs of the LCPC: Provided, That the
disbursement of the fund shall be made by the LGU concerned.
 APPOINTMENT OF LOCAL SOCIAL
WELFARE AND DEVELOPMENT
OFFICER

 All LGUs shall appoint a duly licensed social worker

as its local social welfare and development officer
tasked to assist children in conflict with the law.
 THE SANGGUNIANG KABATAAN

 The Sangguniang Kabataan (SK) shall coordinate

with the LCPC in the formulation and implementation
of juvenile intervention and diversion programs in
the community.
 OVERVIEW OF RETRIBUTIVE JUSTICE AND RESTORATIVE
JUSTICE
Retributive Justice Restorative Justice
1. Crime is an act against the state 1. crime is against another person in the community

2. Criminal justice system control crime 2. Crime control lies primarily in the community
3. Offender accountability as defined as taking 3. Accountability is defined as assuming responsibility
punishment and taking action to repair them
4. Crime as an individual act with individual 4, crime has both ends and social dimensions of
responsibility responsibility
5. Punishment effective 5. Punishment alone is not effective in changing behavior

6. Victims are peripheral to the process 6. Victims are central to the process of resolving a crime

7. The offender is defined by defect 7. Offender is defined with capacity to make separation

8. Focus on establishing blame/guilt 8. Focus on problem solving

9. Emphasis on adversarial relationship 9. Emphasis on dialogue and negotiations
10. Imposition of pain to punish and to defer/prevent 10. restitution as a means of restoring both parties- goals
of reconciliation
 INTERVENTION AFTER THE DISCHARGE OF A MINOR FROM
REHABILITATION CENTER

1. Family Therapy – family counseling

2. Parenting – meeting, orienting, briefing parents on their responsibilities and
to inform them of the activities of the child for proper supervision
3. non-formal education – basic skills training in coordination with TESDA
4. Tutorial or Remedial classes – acceleration/promotion
5. Spiritual enrichment
6. Values formation
7. Sports and recreation
8. Socio-cultural exposures – education about relevant issues like drugs on its
negative effects.
 PREVENTIVE STRATEGIES

- Considering the uniqueness of the needs of the

youth sector, the Department of Social Welfare
and Development (DSWD) and other
government and nongovernmental agencies
have implemented strategies directed to the
youth, his/her family and the community.
 FREE SECONDARY EDUCATION

The enactment of Republic Act 6655 or the Free

Secondary Education Act of 1988 provided for free
secondary education to youths in national high schools,
comprehensive high schools, state universities and
colleges, specialized schools, trade schools, technical
schools, vocational schools, fishery and agricultural
schools and other public schools.
 SIKAP KABATAANG PINOY PROGRAM
(SIKAP)

— is designed to ensure the youth’s

participation in community service and
exposes them to actual private and
government operations. It also provides
employment opportunities, although limited,
for the youth.
 THE UNLAD KABATAAN (YOUTH
DEVELOPMENT) PROGRAMME

— is a Programme geared toward the total

development of the disadvantaged youth in terms
of spiritual, economic, physical, psychological,
cultural and social development. The services
included in this Programme are available in the
social service units of the local governments.
 EDUCATION AND ORGANIZATION OF OUT-
OF-SCHOOL YOUTHS

— The DSWD organized the out-of-school youths so as to

provide them with opportunities to participate in socio-cultural
activities, livelihood projects, community activities and training
programmes. They are also taught the value of leadership and
education. They are often asked to attend seminars on
premarital sex, substance abuse, pregnancy and contraception,
violence, smoking, drinking, suicide, STDs/HIV/AIDS,
abortion and homosexuality.
 INFORMATION AND EDUCATION
ACTIVITIES

— are aimed at raising the awareness of

the public in protecting the rights and
promoting the welfare of children
through intensified information,
education and advocacy campaign.
 “AHON BATA SA LANSANGAN”

— provides for an integrated and

comprehensive social welfare services to street
children rescued from the streets. The center
serves as a processing center prior to the
children’s referral to other agencies, if
indicated, on return to their families/relatives
 BANTAY-BATA (CHILD WATCH) HOTLINES

— were established in key cities to

report cases of child abuse and
exploitation.
 INTERGENERATIONAL PROGRAMME

— brings together the different generations in new and on-going

mutually beneficial structured activities to know the need of
individuals and family throughout the life cycle. It is a pilot
programme which shall bring children and older adults (senior
citizens) together through activities that will promote mutual
care and support where the young may be enriched by the
warmth and understanding of loving “grandparent figures” at the
Centre while gaining a positive insight into the aging process.
 ASSISTANCE TO DISADVANTAGED
TRANSNATIONAL CHILDREN

— provides social services for transnational children 0-

17 years of age born from relationships between
Filipinos and foreign nationals. In collaboration with
other GOs and NGOs, services in the form of limited
financial and material assistance, educational, legal,
medical, practical skills development, repatriation and
adoption are extended to them according to their needs.
 SUPERVISED NEIGHBORHOOD PLAY

— is a form of day care service providing children

3-12 years old with early childhood enrichment
activities through a variety of play activities and
opportunities guided by a trained child
development worker and/or parent volunteers
under the supervision of a social worker.
 BRIGHT CHILD

— is a holistic Programme directed at children 0-6

years old. It ensures that service providers will work
together in providing the best opportunities for all
children. The Programme has four components,
namely: a) health and nutrition; b) psychosocial care
and development; c) early education; and d) food
security and livelihood.
 SCHOOL-ON-THE-AIR

— provides relevant and helpful information

to parents with young children (0-6) about
early childhood development. This was aired
through DZMM “Paksa” (Topic) Programme
from September to December 2002.
 CHILD-MINDING SERVICE

— Day Care centers are established in

barangays to take care ofdevelopmental
needs of children below school age
whose parents are employed or busy
with house chores.
 STRATEGIES DIRECTED TO THE FAMILY

- Self-employment assistance is provided

through capital extended to parents or their
children without interest or collateral. Skills
training opportunities for adult members
widen their chances of finding gainful
employment.
 STRATEGIES DIRECTED TO THE FAMILY

• 1. Systematic Training of Effective Parenting (STEP) — includes

counselling, training of parents and the youth, and information
dissemination.
• 2. Family Drug Abuse Programme — is a pilot community-based
programme of preparing families to protect their members against the
adverse effects of drug abuse. It further aims to equip families with
parenting and life skills towards drug-free homes.
 STRATEGIES DIRECTED TO THE FAMILY

• 3. Night Care for Children and Working Mothers — is a preventive measure to

eliminate abuses and neglect against young children while mothers are at work during
night-time.

• 4. Empowerment and Reaffirmation of Paternal Abilities (ERPAT) — is a

preventive and developmental intervention on enhancing parental skills which gives
importance and emphasis to the father’s parental roles, responsibilities and abilities
through activities promoting effective
• performance of familial tasks of Filipino fathers as well as achieving gender equality for
women and men and prevention of violence against women and children.
TOPIC: LEGAL PARAMETERS OF THE JUVENILE
JUSTICE SYSTEM
 PRESIDENTIAL DECREE 603

 The Presidential Decree (PD) 603 is known as the Child and Youth Welfare Code. The
Decree was signed by his Excellency President Ferdinand Marcos on December 10,
1974 and took effect on June 10, 1975.
 The child is one of the most important assets of the nation. Every effort should be
exerted to promote his welfare and enhance his opportunities for a useful and happy
life.
 Our national hero Dr. Jose Rizal once said, “The youth are the hope of the motherland”.
So, a child is not a mere creature of the State. A child should be molded to become a
responsible person.
 CLASSIFICATION OF CHILDREN AND YOUTH
WELFARE AGENCIES

Public and private child welfare agencies providing

encouragement care and protection to any category
of children and youth, whether mentally gifted,
dependent, abandoned, neglected, abused,
handicapped, disturbed or youthful offenders shall
coordinate with the DSWD.
 CHILD CARING INSTITUTION

One that provides 24-hour resident group care service for the physical,
mental, social and spiritual well-being of nine (9) or more mentally gifted,
dependent, abandoned, neglected, handicapped, disturbed or youthful
offenders.

An institution whose primary purpose is education is deemed to be a child-

caring institution of nine or more of its pupils or wards do not return
annually to the homes of their parents for at least two months of summer
vacation.
 DETENTION HOMES

A 24-hour child caring institution

providing short term resident care for
youthful offenders who are awaiting court
disposition of their cases or transfer to other
agencies or jurisdiction.
 SHELTER-CARE INSTITUTION

One that provides temporary protection and care to

children requiring emergency reception as a result
of fortuitous events, abandonment by parents,
dangerous conditions of neglect or cruelty in the
home or a court order holding them as a child witness.
 RECEIVING HOMES

Family type homes which provide temporary shelter from

ten (10) to twenty (20) days for children who shall during this
period be under observation and study for eventual placement
by DSWD.

The number of children in a receiving home shall not at any

time exceed nine (9).
 NURSERY

A child-caring institution that provides care

for six or more children below six years of
age for all or part of a twenty-four-hour day,
except those duly licensed to offer primary
medical and educational services.
 MATERNITY HOME

An institution or place of residence

whose primary function is to give shelter
and care to pregnant women and their
infants before, during and after delivery.
 REHABILITATION CENTER

An institution that receives and

rehabilitates youthful offenders
or other disturbed children.
 RECEPTION AND STUDY CENTER

An institution that receives for study, diagnosis and

temporary treatment, children who have behavioral
problems for the purpose of determining the
appropriate care for them or recommending their
permanent treatment or rehabilitation in other child
welfare agencies.
 CHILD-PLACING AGENCY

An institution or person assuming care,

custody, protection and maintenance of
children for placement in any child-caring
institution or home or under the care and
custody of any person for adoption,
guardianship or foster care.
 DEPENDENT, ABANDONED AND NEGLECTED
CHILDREN

• 1. Dependent Child

 One who is without a parent, guardian or custodian, or one whose parents, guardian or other custodian for good
cause desires to be relieved of his care and custody; and is dependent upon the public for support.

• 2. Abandoned Child

 One who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a
period of at least six continuous months (PD 603). / 3 months (RA 9523)

• 3. Neglected Child

 One whose basic needs have been deliberately unattended or inadequately attended to. Neglect may occur
in two ways:

• a. Physical Neglect – when child is malnourished, ill clad and without proper shelter.

• b. Emotional Neglect – when children are maltreated, raped or seduced; when children are exploited.
Overworked or made to work to conditions not conducive to good health; made to beg in the streets or public
places, when children are in moral danger or exposed to gambling, prostitution and other vices.
 COMMITMENT OR SURRENDER OF A
CHILD

is a legal act of entrusting a child to the care of the DSWD or any duly
licensed child placement agency or individual. It may be:
a. Involuntary commitment, in a case of a dependent child, or
through termination of parental guardianship rights by reason of
abandonment, substantial and repeated neglect and or parental
incompetence to discharge parental responsibilities.
b. Voluntary commitment through the relinquishment of
parental guardianship rights.
 MENTALLY RETARDED CHILDREN

• a. Socially incompetent, that is socially inadequate and occupationally

incompetent and unable to manage their own affairs.
• b. mentally subnormal
• c. retarded intellectually from birth or early age
• d. retarded at maturity
• e. mentally deficient as a result of constitutional origin, through heredity or
disease
• f. essentially incurable
 CLASSIFICATION OF MENTAL
RETARDATION

• a. Custodial Group. Members of this classification are severely or profoundly retarded,

hence, the least capable group. This include those with I.Q. is to 25.
• b. Trainable Group. Members of this group consists of those with I.Q. from about 25
to about 50; one who belongs to this group shows a mental level and rate of
development which is 1/4 to 1/2 that of average child. He is unable to acquire higher
academic skills but can usually acquire the basic skills for living to a reasonable degree.
He can likewise attain a primary grade level of education if he receives effective
instructions.
 CLASSIFICATION OF MENTAL
RETARDATION

• c. Educable Group. This group’s IQ ranges from 50 to about 75 and the intellectual
development is approximately 1/2 to 3/4 of that expected of a normal child of the same
chronological age. The degree of success or accomplishment that they will reach in life
depends very much on the quality and type of education that they will receive, as well on
the treatment at home and in the community.
• d. Borderline or Low Normal Group. This is the highest group of mentally retarded
with IQs from about 75 to about 89. The members of this classification are only
slightly retarded and they can usually get by in regular classes if they receive extra care,
guidance and consideration.
 PHYSICALLY HANDICAPPED CHILDREN

Are those who are crippled, deaf-mute,

blind or otherwise defective with
restricting their means of action or
communication with others.
 EMOTIONALLY DISTURBED CHILDREN

Although not afflicted with insanity or

mental defect, are unable to maintain normal
social relations with others and the
community in general due to emotional
problems or complexes.
 MENTALLY ILL CHILDREN

Are those with behavioral disorder,

whether functional or organic, which is
of such degree of severity as to require
professional help or hospitalization.
 DISABLED CHILDREN

Shall include mentally retarded,

physically handicapped, emotionally
disturbed and severe mentally ill
children.
 CHILD’S RIGHT.(UNDER ART. 3 OF P.D. 603)

1. Every child is endowed with the dignity and worth of a human being from the moment
of his conception, as generally accepted in medical parlance, and has, therefore, the
right to be born well.
2. Every child has the right to a wholesome family life that will provide him with love,
care and understanding, guidance and counseling, and moral and material security.
3. Every child has the right to a well-rounded development of his personality to the end
that he may become a happy, useful, and active member of society.
4. Every child has the right to a balanced diet, adequate clothing, sufficient shelter,
proper medical attention, and all the basic physical requirements of a healthy and
vigorous life.
 CHILD’S RIGHT.(UNDER ART. 3 OF P.D. 603)

5.Every child has the right to be brought up in an atmosphere of morality and

rectitude for the enrichment and the strengthening of his character.
6.Every child has the right to an education commensurate with his abilities and to the
development of his skills for the improvement of his capacity for service to himself
and to his fellowmen.
7.Every child has the right to full opportunities for safe and wholesome recreation
and activities, individual as well as social, for the wholesome use of his leisure hours.
8.Every child has the right to protection against exploitation, improper influences,
hazards, and other conditions or circumstances prejudicial to his physical, mental,
emotional, social, and moral development.
 CHILD’S RIGHT.(UNDER ART. 3 OF P.D. 603)

9.Every child has the right to live in a community and a society that can offer him an
environment free from pernicious influences and conducive to the promotion of his health and
the cultivation of his desirable traits and attributes.
10.Every child has the right to the care, assistance, and protection of the State, particularly
when his parents or guardians fail or are unable to provide him with his fundamental needs for
growth, development, and improvement.
11.Every child has the right to an efficient and honest government that will deepen his faith in
democracy and inspire him with the morality of the constituted authorities both in their public
and private lives.
12.Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination to contribute
his share in the building of a better world.
 RESPONSIBILITIES OF A CHILD (ART 4, PD . 603)
1. Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his elders and
mentors, and the biddings of a clean conscience;

2. Love, respect and obey his parents, and cooperate with them in the strengthening of the family;

3. Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep the family
harmonious and united;

4. Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited to his
abilities, in order that he may become an asset to himself and to society;

5. Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the duly
constituted authorities, the laws of our country, and the principles and institutions of democracy;

6. Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is the
youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation's future; and

7. Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of
cooperation among nations in the pursuit of their common aspirations for programs and prosperity, and the furtherance
of world peace.
 DUTIES OF PARENTS (ART.46)
1.To give him affection, companionship, and understanding;

2.To extend to him the benefits of moral guidance, self-discipline, and religious instruction;

3.To supervise his activities, including his recreation;

4.To inculcate in him the value of industry, thrift, and self-reliance;

5.To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to
his country;

6.To advise him properly on any matter affecting his development and well-being;

7.To always set a good example;

8.To provide him with adequate support, as defined in Article 290 of them; and

9.To administer his property, if any, according to his best interests.

 LIABILITIES OF PARENTS

Art. 58. Torts

- Parents and guardians are
responsible for the damage caused by
the child under their parental authority
in accordance with the Civil Code.
 LIABILITIES OF PARENTS
• Art. 59. Crimes

 Criminal liability shall attach to any parent who:

1. Conceals or abandons the child with intent to make such a child lose his civil status.

2. Abandons the child under such circumstances as to deprive him of the love, care, and protection he needs.

3. Sells or abandons the child to another person for valuable consideration.

4. Neglects the child by not giving him the education which the family's station in life and financial conditions permit.

5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72.

6. Causes abate or permit the truancy of the child from the school where he is enrolled. "Truancy"
 As here used means absence without cause for more than twenty school days, not necessarily consecutive.
 LIABILITIES OF PARENTS
• Art. 59. Crimes
 Criminal liability shall attach to any parent who:
7.Improperly exploits the child by using him, directly or indirectly, such as for purposes
of begging and other acts that are inimical to his interest and welfare.
8.Inflicts cruel and unusual punishment upon the child or deliberately subjects him to
indignations and other excessive chastisements that embarrass or humiliate him.
9.Causes or encourages the child to lead an immoral or dissolute life.
10.Permits the child to possess, handle, or carry a deadly weapon, regardless of its
ownership.
11.Allows or requires the child to drive without a license or with a license that the parent
knows to have been illegally procured. If the motor vehicle driven by the child belongs
to the parent, it shall be presumed that he permitted or ordered the child to drive.
 REPUBLIC ACT 7610
 Republic Act 7610 otherwise known as Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act was approved on June 17, 1992.
 A child refers to a person below eighteen (18) years of age or one over said age and
who, upon evaluation of a qualified physician, psychologist or psychiatrist, is found to
be incapable of taking care of himself fully because of a physical or mental disability or
condition or of protecting himself from abuse.
 Child abuse is an act of deliberately inflicting physical injuries upon a child.
Unreasonable deprivation of child’s basic needs, e.g. food, shelter or both that could
result to serious impairment of his/her growth/ development, incapacity or death. Any
act which debases or demeans the intrinsic with the dignity of the child as human being
is also considered as an abuse.
 TYPES OF CHILD ABUSE

a. Physical Abuse/Maltreatment
- Any act which results in non-accidental physical
injury and/or unreasonable infliction of physical injury
to a child. This includes, but is not limited, to
lacerations, fractures, severe beatings, slap with full
hands, kicking, inflicting burns, suffocating, pinching,
punching, shaking, hanging and other similar acts. Also
known as child battering.
 TYPES OF CHILD ABUSE

b. psychological abuse
- any harm to child’s emotional or
intellectual functioning, which includes
but not limited to cursing, belittling,
rejecting, using degrading words and
other similar acts.
 TYPES OF CHILD ABUSE

c. Child Neglect
- Any unreasonable deprivation of child’s
basic needs such as food, clothing, shelter,
education, medical and general care and
supervision by parents, guardians or custodians
and when they are forced to assume duties that
are not appropriate to their age and physique.
 TYPES OF CHILD ABUSE

d. Sexual Abuse
- is the involvement of the child in sexual activity with an
adult or any person older or bigger in which the
gratification of older person’s needs or desires are achieved.
- It also includes the employment, use, persuasion,
inducement, enticement, or coercion of a child to engage in or
assist another person to engage in sexual intercourse or
lascivious conduct or the molestation, prostitution or incest
with children.
 TYPES OF CHILD ABUSE

e. Sexual Exploitation
- Act involving children whether male or female, who for money,
profit or any other consideration or due to coercion or influence
by an adult, syndicate or group, to indulge in sexual intercourse
or lascivious conduct.
- It includes hiring, persuasion, inducement or coercion of a child
to perform obscene exhibitions and indecent shows, whether live or
in video, or to pose or act as a model in obscene publications or
pornographic materials or to sell or distribute the said materials.
 TYPES OF CHILD ABUSE

f. Child Labor Exploitation

- the act of employing, permitting or allowing children below 15 years
of age to suffer to work in any public or private establishment where they are
not directly under the supervision of their parents, guardian or the latter
employ other workers apart from their children.

Examples of which are minors employed in hazardous occupations like

drivers, charcoal burners, stone splitters, operators of farm machines and
equipment, work in slaughter houses, dock works, lifting, handling and
carrying heavy loads as enumerated in DOLE Department Order No. 4.
 TYPES OF CHILD ABUSE

g. Child Trafficking
- the act of engaging in trading and dealing with
children including, but not limited to, the act of
buying and selling of a child for money, or for any
other consideration, or barter.
 CHILD ABUSER

- A child abuser is any person regardless of age, sex, race, creed or

color who deliberately commits or perpetuates any acts defined as
constituting child abuse.
A child abuser is usually a person known or trusted by the child –
can be a family member, a relative, neighbor, friend, teacher, baby
sitter or child care giver. He or she may also be a stranger to the
child. Study shows that most child abusers have been victims of
child abuse.
 TYPES OF ABUSERS

• 1. Parentally Incompetent Abuser

 the practice of disciplining their children is the same way they are
disciplined. But as the norms that govern the child rearing is
changed, so have the norms about what constitute acceptable
discipline.
• 2. Situational Abuser
 some parents only abuse their children when they are confronted
with a particular situation. They are non-abusive but “fly off the
handle” when some particular circumstance develops.
 TYPES OF ABUSERS

• 3. Accidental Abusers
 exercise poor judgment in their parenting decisions. They
administer enemas to children to discipline them.

• 4. Sub-cultural Abuser
 A group of people who share a number of values, norms and
attitudes in common. In some subculture, the members believe
that committing violence against children has an inherent positive
value. Punishing sons to make them good Christians.
 TYPES OF ABUSERS
• 5. Self-identified Abuser
 some parents know they are abusive. They know that if their child rearing practices
were known to the authorities, they would be censured. Many of these parents want to
stop abusing their children but cannot, and are afraid to make their discipline practices
known. “Placing high expectations on the child and punishing him if he fails”.

• 6. Institutionally Prescribed Abusers

 sometimes abuse occurs in institutions because of beliefs on which these institutions are
grounded.
 EFFECTS OF CHILD ABUSE

 Child abuse adversely affects the normal, physical and

psychological growth and development of the child. It may vary
depending on the degree of abuse on the child.
• a. Physical Effects - Malnutrition, sexually transmitted diseases,
AIDS, unwanted pregnancy, permanent physical disabilities, drug
addiction and death.
• b. Psychological and Social Effects - Withdrawal syndrome,
extreme depression, sense of alienation, suicidal/self-destructive
tendencies, emotional breakdown, aggressive behavior, low self-
image relationship problems, rejection, fear, confusion.
 DISCLOSURE OF ABUSE AND NEGLECT

• 1. Direct Disclosure – sometimes children tell others directly that they are being abused
and neglected. They will start with an example and watch how you react. Research
indicates that children tell their story many times before action is taken. You should
respond to a child’s disclosure of abuse or neglect with an open mind and a willingness
to believe them
• 2. Indirect Disclosure – sometimes children do not tell others directly but use indirect
methods of communicating about their abuse or neglect. These include their behaviors,
emotions, art, writing, appearance, inquiries, discussion of fears, concerns or
relationship. Children also divulge information through indirect statements, made with
conditions or third-party statements.
 CHILD ABUSE PREVENTION

• A. Primary Prevention – refers to program aimed at eliminating

the root causes of abuse and violence within our society.
• B. Secondary Prevention – refers to step/measures to keep a
child safe from abuse and exploitation.
• C. Tertiary Prevention – refers to the actions to be taken in a
situation where a child has already been abused to prevent the
recurrence of the same acts.
 REPUBLIC ACT 7658

- known as an Act Prohibiting

the Employment of Children
below 15 years of age in Public
and Private Undertakings.
 REPUBLIC ACT 7658
• This law was approved on November 9, 1993 and took effect on November 24, 1993.
This law specifically emended Section 12, Article VIII of RA 7610.
• 1. Children below fifteen (15) years of age shall not be employed except:
• a. When a child works directly under the sole responsibility of his parents or legal custodian
and where only members of the employer’s family are employed.
• Provided however, that his employment neither endangers his life, safety, health and morals,
nor impairs his moral development.
• The parent or legal guardian shall provide that said child with the prescribed primary and/or
secondary education.
 REPUBLIC ACT 7658

• b. Where a child’s employment or participation in public entertainment or information

through cinema, theater, radio or television is essential but the employment contract is
concluded by the child’s parent or legal guardian, with the express agreement of the child
concerned, and if possible the approval of Department of Labor and Employment (DOLE).
In addition, if the following requirements in all instances are strictly complied with:
• 1. The employer shall ensure the protection, health, safety, morals and normal
development of the child.
• 2. The employer institutes measures to prevent the child’s exploitation or
discrimination taking into account the system and level of remuneration and the
duration and arrangement of working hours
• 3. The employer shall implement, subject to the approval and supervision of
competent authorities, a continuing program for training and skills acquisition of the
child.
 REPUBLIC ACT 8369

Republic Act 8369 is otherwise known as the Family

Court Act of 1997.
This is an Act establishing Family Courts, granting
them exclusive original jurisdiction over child and
family cases.
 JURISDICTION OF FAMILY COURTS
• 1. Criminal cases where one or more of the accused is below 18 years of age
but not less than 9 years of age, or where one or more of the victims is a
minor at the time of the commission of the offense. Provided, that if the
minor is found guilty, the court shall promulgate sentence and ascertain any
civil liability which the accused may have incurred. The sentence, however,
shall be suspended without need of application pursuant to PD 603
otherwise known as the Child and Youth Welfare Code.
• 2. Petitions for guardianship, custody of children, habeas corpus in relation
to the latter;
• 3. Petitions for adoption of children and the revocation thereof;
 JURISDICTION OF FAMILY COURTS

4. Complaints for annulment of marriage, declaration of nullity of marriage

and those relating to marital status and property relations of husband and wife
or those living together under different status and agreements, and petitions
for dissolutions of conjugal partnership in gains;
5. Petitions for support and or acknowledgment;
6. Summary judicial proceedings brought under the provisions of Executive
Order 209 otherwise known as the Family Code of the Philippines;
 JURISDICTION OF FAMILY COURTS
• 7. Petitions for declarations of status of children as abandoned, dependent or neglected children, petitions
for voluntary and involuntary commitment of children, the suspension and termination or restoration of
parental authority and other cases cognizable under PD 603, EO 56 (series of 1986), and other elated
laws;
• 8. Petitions for the constitution of the family home;
• 9. Cases against minor cognizable under Dangerous Drugs Act as amended;
• 10. Violations of RA 7610, otherwise known as the Special Protection of Children Against Child Abuse ,
Exploitation and Discrimination Act as amended by RA 7658; and
• 11. Cases of Domestic violence against:
• a. Women – which are acts of gender-based violence that result, or are likely to result in physical,
sexual or psychological harm or suffering to women, and other forms of physical abuse such as
battering or threats or coercion which violate a woman’s personhood, integrity and freedom of
movement; and
• b. Children – which include the commission of all forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other conditions prejudicial to their development.
 ABSENCE OF FAMILY COURTS

The court that shall hear and decide cases falling

under the jurisdiction of Family Courts in those places
where the said court has not been established is the
Regional Trial Court of the place where the case is
pending.
 RULES ON JUVENILE IN CONFLICT WITH THE
LAW

 The Rule in Juvenile in Conflict with the Law that took effect on April 15, 2002 applies
to all criminal cases involving juveniles in conflict with the law.
 A juvenile in conflict with the law is a person who at the time of the commission of the
offense is below eighteen (18) years of age but not less than nine (9) years of age.
 Objective. The objective of this Rule is to ensure that the justice system treats every
juvenile in conflict with the law in a manner that recognizes and upholds his human
dignity and worth, and instills in him respect for the fundamental rights and freedom of
others. The Rule considers his developmental age and the desirability of his
reintegration into and assumption of a constructive role in society in accordance with
the principle of restorative justice.
 EXEMPTION FROM CRIMINAL LIABILITY

• a. A minor under nine (9) years of age at the time of the commission of the offense shall
be exempt from criminal liability.
• b. A minor nine (9) years and above but under fifteen (15) years of age at the time of the
commission of the offense shall be committed to the care of his father or mother, or
nearest relative or family friend, in the sound discretion of the court and subject to its
supervision.
• However, if the prosecution proves that he has acted with discernment, he shall be
proceeded against in accordance with Sections 24 to 28, or 36 to 40 of this Rule, as the case
may be, and subjected to a delinquency prevention program as determined by the court.

• c. Exemption from criminal liability does not include exemption from civil liability
 PROCEDURE IN TAKING A JUVENILE IN
CUSTODY

• a. Identify himself and present proper identification to the juvenile;

• b. Inform the juvenile of the reason for such custody and advise him of his
constitutional rights in a language or dialect understood by him;
• c. Refrain from using vulgar or profane words and from sexually harassing
or abusing, or making sexual advances on the juvenile;
• d. Avoid displaying or using any firearm, weapon, handcuffs or other
instrument of force or restraint, unless absolutely necessary and only after
all methods of control have been exhausted and have failed;
 PROCEDURE IN TAKING A JUVENILE IN
CUSTODY

• e. Refrain from subjecting the juvenile to greater restraint than is necessary for his apprehension;

• f. Avoid violence or unnecessary force;

• g. Notify the parent of the juvenile or his nearest relative or guardian, if any, and the local social
welfare officer as soon as the apprehension is made;
• h. Take the juvenile immediately to an available government medical or health officer for a
physical and mental examination. The examination results shall be kept confidential unless
otherwise ordered by the Family Court. Whenever treatment for any physical or mental defect is
necessary, step should be immediately taken by the said officer to provide the juvenile with the
necessary and proper treatment; and;
• i. Hold the juvenile in secure quarters separate from that of the opposite sex and adult offenders.
 PROCEDURE IN TAKING A JUVENILE IN
CUSTODY

 The police officer conducting the initial investigation of a juvenile in conflict with the
law shall do so in the presence of either the parents of the juvenile; in the absence of
both parents, the guardian or the nearest relative, or a social welfare officer, and the
counsel of his own choice. In their presence, the juvenile shall be informed of his
constitutional right during custodial investigation.
 The right of the juvenile to privacy shall be protected at all times. All measures
necessary to promote this right shall be taken, including the exclusion of the media.
 Upon the taking into custody of the juvenile, the social welfare officer assigned to him
by the DSWD shall immediately undertake a preliminary background investigation of
the juvenile and submit, prior to the arraignment of the juvenile, a report of his findings
to the Family Court which the case may be filed.
 CARE OF JUVENILE IN CONFLICT WITH THE
LAW

The juvenile charged with having committed a delinquent act, held for trial or while the
case is pending appeal, if unable to furnish bail or is denied bail, shall, from the time of
his being taken in custody, be committed by the Family Court to the care of the DSWD,
a youth detention center, or a local rehabilitation center recognized by the government in
the province, city or municipality within the jurisdiction of the said court.
 The center or agency concerned shall be responsible for the juveniles' appearance in
court whenever required.
In the absence of any such center or agency within a reasonable distance from the venue
of the trial, the juvenile shall be detained in the provincial, city or municipal jail which
shall provide adequate quarters for the juvenile separate from adult detainees and
detainees of the opposite sex.
 RULES ON EXAMINATION OF CHILD WITNESS

 The Rule on Examination of Child witness took effect on December 15, 2000. The Rule shall govern the
examination of the child witness who are victims of a crime, accused of a crime and witness of a crime. It
shall apply in all criminal proceedings and non-criminal proceedings involving child witness.
 A child witness is any person who at the time of giving testimony is below the age of eighteen (18) years.
In child abuses cases, a child includes one over eighteen (18) years but is found by the court as unable to
fully take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or discrimination
because of physical or mental disability or condition.
 The objectives of this Rule are to create and maintain an environment that will allow children to give
reliable and complete evidence, minimize trauma to children, encourage children to testify in legal
proceeding, and facilitate the ascertainment of truth.
 EXAMINATION OF CHILD WITNESS

 The examination of a child witness presented in a hearing or any

proceeding shall be done in open court. Unless the witness is
incapacitated to speak, or the question calls for a different mode
of answer, the answer of the witness shall be given orally.

 The party who presents a child witness or the guardian ad litem

of such child witness may, however, move the court to allow him
to testify in the manner provided by the Rule.
 SUPPORT PERSON OF A CHILD

• a. A child testifying at a judicial proceeding or making a deposition shall have the right to be
accompanied by one or two persons of his own choosing to provide him emotional
support.
• 1. both person shall remain within the view of the child during his testimony.

• 2. One of the support person may accompany the child on the witness stand, provided the
support person does not completely obscure the child from view of the opposing party, the
judge or hearing officer.
• 3. The court may allow the support person to hold the hand of the child or take
appropriate steps to provide emotional support to the child in the course of the proceeding.
• 4. The court shall instruct the support person not to prompt, sway, or influence the child
during the testimony.
 SUPPORT PERSON OF A CHILD

• b. If the support person chosen by the child is also a witness, the court may
disapprove the choice. It is sufficiently established that the attendance of the
support person during the testimony of the child would pose a substantial
risk of influencing or affecting the content of the testimony of the child

• c. If the support person who is also a witness is allowed by the court to

testify, his testimony shall be presented ahead of the testimony of the child.
 APPROACH AND MODE OF QUESTIONING OF A
CHILD WITNESS

a) Facilitate the ascertainment of truth

b) Ensure that questions are stated in a form appropriate to
the
developmental level of the child
c) Protect children from harassment or undue embarrassment
d) Avoid waste of time
 APPROACH AND MODE OF QUESTIONING OF A
CHILD WITNESS
 The court may allow the child witness to testify in narrative form.
 The court may allow leading questions in all stages of examination of a child if the same will further the
interest of justice.
 Objections to questions should be couched in a manner so as not to mislead, confuse, frighten, or
intimidate the child.
 Excluding the Public. When a child testifies, the court may order the exclusion from the courtroom of all
the persons, including members of the press, who do not have direct interest of the case. Such an order
may be made to protect the right to privacy of the child or if the court determines on the record that
requiring the child to testify in open court would cause psychological harm to him, hinder the
ascertainment of truth or result in his inability to effectively communicate due to embarrassment, fear and
timidity.
 PROTECTION OF SAFETY AND PRIVACY OF A
CHILD

a. Confidentiality of records – any record regarding a child shall be confidential

and kept under seal. Except upon written request and order of the court, a record
shall only be released to the following:
1. members of the court staff for administrative use
2. The prosecuting attorney
3. Defense counsel
4. the guardian ad litem
5. agents of investigating law enforcement agencies
6. Other persons as determined by the court.
 PROTECTION OF SAFETY AND PRIVACY OF A
CHILD

b. Protective order – any video tape or audiotape of

the child that is part of the record shall be under
protective order
c. Additional protective orders – the court may motu
proprio or on notion of any party, the child, his parent,
legal guardian, or the guardian ad litem, issue
additional orders to protect the privacy of the child.
 PROTECTION OF SAFETY AND PRIVACY OF A
CHILD
• d. Publication of identity contemptuous – whoever publishes or causes to be published in any format the
name, address, telephone number, school or other identifying information of a child who is or is alleged to
be a victim or accused of a crime or a witness thereof, or an immediate family of the child shall be liable
to the contempt power of the court.

• e. Physical safety of the child: exclusion of evidence – a child has the right at any court proceeding not
to testify regarding personal identifying information that could endanger his physical safety or his family.
The court however may require the child to testify about personal matters in the interest of justice.

• f. Destruction of videotapes and audiotapes - any videotapes or audiotapes of a child produced under
the provision of this Rule or otherwise made part of the court shall be destroyed after five (5) years after
the date of entry of judgment.
 MODELS OF JUVENILE JUSTICE SYSTEM

A. CRIME CONTROL MODEL

- It is based on the idea that the most important function of the CJS is the repression of a criminal
conduct.

- Is considered to be a conservative approach to crime that focuses on protecting society from

criminals by regulating criminal conduct and justice. Moreover, this model stresses strict and swift
punishment for crimes; in return, this strict adherence benefits society by striking fear in criminals because
they will be harshly punished.

- The crime control model also seeks to move criminal cases through the criminal system as quickly
as possible. The goal of the model is to get the cases through the systems swiftly, even if that means
expanding the powers of the courts. In fact, this model supports greater powers for prosecutors and the
courts that are handling the cases.
 MODELS OF JUVENILE JUSTICE SYSTEM

B. DUE PROCESS
 is considered to be a liberal approach to criminal justice that favors criminal rights. This model functions
under the tenet that defendants are innocent until proven guilty.
 The model also favors strategies that might rehabilitate offenders rather than simply punish them.
 The goal for this model is to get offenders functioning back into society and out of prison, if possible. It
is therefore in direct contrast to the crime control model. Opponents to this model often argue that the
due process model sets too many obstacles in the way of serving justice and punishing serious criminals.
It is a type of justice system which is based on the principle that a citizen has some absolute rights and
cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards.
 MODELS OF JUVENILE JUSTICE SYSTEM

C. REHABILITATION MODEL
 In the event that a child is found guilty of an offense, the court may impose
a range of dispositions or interventions aimed at their rehabilitation. These
include probation, community service, counseling, education, vocational
training, and other appropriate interventions.
 The focus is on addressing the underlying causes of the offending behavior
and promoting the child's reintegration into society as a productive and
law-abiding citizen.
RA 9344 • COVERS DIFFERENT
“Juvenile Justice and Welfare Act STAGES
of 2006”. INVOLVING CHILD
AT RISK AND CHILDREN IN
CONFLICT WITH THE LAW

• AUTHORED BY SENATOR
KIKO PANGILINAN
Juvenile Justice Welfare Act of
2006
Effectivity: May 20, 2006
IRR: September 19, 2006

Rule on Juveniles in Conflict with

the Law became effective on April
15, 2002
 PD 603 RA 9344

TERMINOLOGY
AGE USED
OF EXCEMPTION TO
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the child commits heinous
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DIVERSION/
INTERVENTION COURT
PROCEEDINGS
For those 15, above For those 15 years
15 but below 18 who acted old but below 18 who
without discernment acted with discernment
 Age of Criminal Responsibility
• Children above 15 years of age but below 18 years of age
who acted WITH DISCERNMENT.

• Increased from above 9 years old to above 15 years old

• (RA 9344)
 Discernment
• The mental capacity of a child to understand the difference
between what is right or wrong and the consequences of his
acts

• Discernment relates to the moral significance that the

person attaches to the act
 How to Determine Discernment
• Take into consideration all the facts and circumstances in the
records of each case such as:

 Appearance / Attitude / Comportment of the CICL

 Before, during and after the commission of the crime
 Also during trial
 Assessment on Discernment
• Preliminary assessment must be conducted by the Local
Social Welfare Development Officer (LSWDO) during
initial investigation

• Final assessment falls on the Court which hears the case of

the CICL
 Determination of Age
• Presumption of minority/ has rights of CICL until proven 18 years old
or older

• Birth certificate, baptismal certificate, other pertinent documents

(school records)

• In the absence: Information from child, physical appearance,

testimonies of other persons or other relevant evidence
 Exemptions from Criminal Liability

• A child exactly 15 years old or below

• A child above 15 years old but below 18 years old who

acted WITHOUT DISCERNMENT

• Children who commit Status Offenses

 When CICL Found Guilty
 Determine Civil Liability
 Instead of pronouncing judgment of conviction, automatic
suspension of sentence ‘ full credit of time in detention, actual
confinement / other disposition measures under SC Rule on
JICL
 AUTOMATIC SUSPENSION OF SENTENCE.

• - Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the court
shall determine and ascertain any civil liability which may have resulted
from the offense committed.
• However, instead of pronouncing the judgment of conviction, the court
shall place the child in conflict with the law under suspended sentence,
without need of application:
• Provided, however, That suspension of sentence shall still be applied even if
the juvenile is already eighteen years (18) of age or more at the time of the
pronouncement of his/her guilt.
 RIGHTS OF THE CHILD IN CONFLICT
WITH THE LAW
• (a) the right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment;
• (b) the right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
• (c) the right not to be deprived, unlawfully or arbitrarily, of his/her
liberty; detention or imprisonment being a disposition of last resort, and
which shall be for the shortest appropriate period of time;
 RIGHTS OF THE CHILD IN CONFLICT
WITH THE LAW
• (d) the right to be treated with humanity and respect, for the inherent dignity of the person,
and in a manner which takes into account the needs of a person of his/her age. In particular,
a child deprived of liberty shall be separated from adult offenders at all times. No child
shall be detained together with adult offenders. He/She shall be conveyed separately to or
from court. He/She shall await hearing of his/her own case in a separate holding area. A
child in conflict with the law shall have the right to maintain contact with his/her family
through correspondence and visits, save in exceptional circumstances;

• (e) the right to prompt access to legal and other appropriate assistance, as well as the right
to challenge the legality of the deprivation of his/her liberty before a court or other
competent, independent and impartial authority, and to a prompt decision on such action;
 RIGHTS OF THE CHILD IN CONFLICT
WITH THE LAW
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in his/her own behalf under the rule on examination of a
child witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity of the offense where
his/her best interest, the rights of the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative justice;
 RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW

(k) the right to have restrictions on his/her personal liberty limited to the
minimum, and where discretion is given by law to the judge to determine
whether to impose fine or imprisonment, the imposition of fine being preferred
as the more appropriate penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under
the Probation Law;
(n) the right to be free from liability for perjury, concealment or
misrepresentation; and
(o) other rights as provided for under existing laws, rules and regulations.
 SEC. 21. PROCEDURE FOR TAKING THE CHILD
INTO CUSTODY
• (a) Explain to the child in simple language and in a dialect that he/she can understand why
he/she is being placed under custody and the offense that he/she allegedly committed;
• (b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;
• (e) Properly identify himself/herself and present proper identification to the child;
• (d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or
making sexual advances on the child in conflict with the law;
• (e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force
or restraint, unless absolutely necessary and only after all other methods of control have
been exhausted and have failed;
 SEC. 21. PROCEDURE FOR TAKING THE CHILD
INTO CUSTODY
• (f) Refrain from subjecting the child in conflict with the law to greater
restraint than is necessary for his/her apprehension;
• (g) Avoid violence or unnecessary force;
• (h) Determine the age of the child pursuant to Section 7 of this Act;
• (i) Immediately but not later than eight (8) hours after apprehension, turn over
custody of the child to the Social Welfare and Development Office or other
accredited NGOs, and notify the child's apprehension. The social welfare and
development officer shall explain to the child and the child's parents/guardians
the consequences of the child's act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and reparation, if
appropriate;
 SEC. 21. PROCEDURE FOR TAKING THE CHILD
INTO CUSTODY
• (k) Ensure that should detention of the child in conflict with the law be
necessary, the child shall be secured in quarters separate from that of the
opposite sex and adult offenders;
• (l) Record the following in the initial investigation:
• 1. Whether handcuffs or other instruments of restraint were used, and if
so, the reason for such;
• 2. That the parents or guardian of a child, the DSWD, and the PA0 have
been informed of the apprehension and the details thereof; and
• 3. The exhaustion of measures to determine the age of a child and the
precise details of the physical and medical examination or the failure to
submit a child to such examination.
 SEC. 21. PROCEDURE FOR TAKING THE CHILD
INTO CUSTODY

• (m) Ensure that all statements signed by the child during

investigation shall be witnessed by the child's parents or guardian,
social worker, or legal counsel in attendance who shall affix his/her
signature to the said statement.
• A child in conflict with the law shall only be searched by a law
enforcement officer of the same gender and shall not be locked up in
a detention cell.
 DISCHARGE OF THE CHILD IN CONFLICT WITH THE LAW.

• - Upon the recommendation of the social worker who has custody of

the child, the court shall dismiss the case against the child whose
sentence has been suspended and against whom disposition
measures have been issued, and shall order the final discharge of the
child if it finds that the objective of the disposition measures have
been fulfilled.
• The discharge of the child in conflict with the law shall not affect
the civil liability resulting from the commission of the offense,
which shall be enforced in accordance with law.
RETURN OF THE CHILD IN CONFLICT WITH THE
LAW TO COURT

• - If the court finds that the objective of the disposition

measures imposed upon the child in conflict with the law
have not been fulfilled, or if the child in conflict with the law
has willfully failed to comply with the conditions of his/her
disposition or rehabilitation program, the child in conflict
with the law shall be brought before the court for execution
of judgment.
RETURN OF THE CHILD IN CONFLICT WITH THE
LAW TO COURT

• If said child in conflict with the law has reached eighteen

(18) years of age while under suspended sentence, the court
shall determine whether to discharge the child in accordance
with this Act, to order execution of sentence, or to extend the
suspended sentence for a certain specified period or until the
child reaches the maximum age of twenty-one (21) years
 PROBATION AS AN ALTERNATIVE TO
IMPRISONMENT

• The court may, after it shall have convicted and

sentenced a child in conflict with the law, and upon
application at any time, place the child on
probation in lieu of service of his/her sentence
taking into account the best interest of the child.
For this purpose, Section 4 of Presidential Decree
No. 968, otherwise known as the "Probation Law
of 1976", is hereby amended accordingly.
 REPUBLIC ACT NO. 11908, JULY 28, 2022 ]

•This Act shall be known as

"The Parent Effectiveness
Service Program Act."
 REPUBLIC ACT NO. 11908, JULY 28, 2022 ]
• Section 5. Establishment of the PES Program. — There is hereby established a PES
Program to assist all parents and parent-substitutes in strengthening their knowledge
and skills in responding to their parental duties and responsibilities, protect and
promote children's rights, foster positive early childhood development, and advance
their educational progress.
• The PES Program shall be implemented in every city and municipality and shall consist
of modules to be developed by the DSWD, in coordination with the Department of
Education (DepEd), the Early Childhood Care and Development (ECCD) Council, the
School Governing Councils (SGCs), the Department of Health (DOH), the Department
of Justice (DOJ), and the Department of the Interior and Local Government (DILG),
and rolled out in such number of sessions as the DSWD and the LGUs may prescribe.
 NEW LAWS/BILLS

c t Amending R.A 9344

iAc
l
b 0 “An act Strengthening the
e u
p 63
R 10 Juvenile Justice System in the
Philippines”
 END
THANKYOU AND GOD BLESS