Historical Perspective,Conepts and

Philosophies of juvenile delinquency

Brief History of Juvenile Delinquency
The harsh beginning - Children were viewed as non-persons until
the 1700's. They did not receive special treatment or recognition. Discipline
then is what we now call abuse.
There were some major assumptions about life before the 1700's.
The first assumption is that life was hard, and you had to be hard to survive.
The people of that time in history did not have the conveniences that we take
for granted. For example, the medical practices of that day were primitive in
comparison to present-day medicine. Marriages were more for convenience,
rather than for child-bearing or romance. The second assumption was that
infant and child mortality were high. It did not make sense to the parents in
those days to create an emotional bond with children.
There was a strong chance that the children would not survive until adulthood. At
the end of the 18th century, "The Enlightenment" appeared as a new cultural
transition. This period of history is sometimes known as the beginning of reason
and humanism. People began to see children as flowers, which needed nurturing
in order to bloom. It was the invention of childhood, love and nurturing instead of
beatings to stay in line. Children had finally begun to emerge as a distinct group. It
started with the upper-class, who were allowed to attend colleges and
universities.
Since ancient times, enlightened legal systems have distinguished between
juvenile delinquents and adult criminals. Generally, the immature were not
considered morally responsible for their behavior. Under the Code Napoléon in
France, for example, limited responsibility was ascribed to children under the age
of 16. Despite the apparent humanity of some early statutes, however, the
punishment of juvenile offenders was often severe until the 19th century.
Prior to the 20th century, juvenile offenders were often treated as
adults. The first development contrary to this in the United Kingdom
was the establishment of Borstal training center in place of normal
imprisonment, which was intended to build up the offender's character.
They were unsuccessful, and since the 1960s, policy has been
directed away from the detention of young offenders towards
treatment in the community, beginning with avoiding court altogether.
The police are encouraged to caution juveniles who admit an offence,
unless they are persistent offenders.
When juvenile offenders are dealt with more formally, they are tried by
a dedicated juvenile court, having as little contact with the mainstream
system as possible. There is considerable emphasis on parental
responsibility, and the parents may be ordered to pay the juvenile's
fine, or be liable to pay a sum of money if the child is in trouble again.
If the courts need to punish juveniles, they can utilize community
sentences. Attendance centers orders, for example, require juveniles
to attend during their leisure hours at centers where they will be given
a program of constructive activities. Supervision orders put juveniles
under the supervision of a social services department, and may
include compulsory activities. Those aged 15 and over may also be
sentenced to probation orders (supervision), community service
orders (compulsory work under supervision), or a combination of both.
If juveniles are to be detained, those aged 15 or over may be held in a
young offender institution for between 2 and 12 months. Younger
offenders can only be detained in the most serious of cases, and there
are national units to deal with them. All Offenders aged 10 to 13 can
be detained only if convicted of manslaughter or murder.
CONCEPTS OF JUVENILE DELINQUENCY:

Delinquency in General
Delinquency refers to any action; course or conduct that deviates
from acts approved by the majority of people. It is a description of
those acts that do not conform to the accepted rules, norms and
mores of the society (sociological definition) Delinquency, therefore, is
a general term for any misconduct or misbehavior that is tantamount
to felony or offense. It is, however distinct from crime in the sense that
the former may be in the form of violation of law, ordinance or rule but
it is punishable only by a small fine or short-term imprisonment or
both. Legally speaking, delinquency means the failure to perform an
act required by law, or the non-performance of a duty or obligation that
is mandated by existing law or rule.
Juvenile Crime
Juvenile Crime, in law, term denoting various offences committed by
children or youths under the age of 18. Such acts are sometimes referred to as
juvenile delinquency. Children's offences typically include delinquent acts, which
would be considered crimes if committed by adults, and status offences, which
are less serious misbehavioral problems such as truancy and parental
disobedience. Both are within the jurisdiction of the juvenile court; more serious
offences committed by minors may be tried in criminal court and be subject to
prison sentences. In law, a crime is an illegal act committed by a person who has
criminal intent. A long-standing presumption held that, although a person of
almost any age can commit a criminal act, children under 14 years old were
unlikely to have criminal intent. Many juvenile courts have now discarded this so-
called infancy defense and have found that delinquent acts can be committed by
children of any age.
Juvenile Delinquency
The term juvenile delinquency is used to describe a large number of
disapproved behaviors of children or youths. In this sense, almost anything that
the youth does which others do not like is called juvenile delinquency. However,
criminologist suggested the following factors of juvenile delinquency:
Juvenile delinquency includes the behavior specifically defined as
delinquent according to the various existing laws and ordinances concerning
children or youth.
The definition of juvenile delinquency must take into account the social
reality that reflected through the media. Books, movies and television help people
to define a particular reality for them. If the media systematically portrays
particular behavior as delinquent, they often come to be accepted as real.
While almost all children engage in behavior that is in violation of
juvenile codes and laws, we believe that ultimately, juvenile
delinquents refers to youths who have been successfully defined as
delinquents. In a more specific view, acts of juvenile delinquency
include violation of laws such as those defined by juvenile codes and
laws.
The Delinquent Person
A delinquent person is one who repeatedly commits an act that
is against the norms or mores observed by the society. When a
person habitually commits an act that is not in accordance with the
rules or policies of a community where he belongs, he is considered a
delinquent.
The Juvenile Delinquent
Juveniles are young people who are regarded as
immature or one whose mental as well as emotional faculties
are not fully developed thus making them incapable of taking
full responsibility of their actions. In legal points, the term
juvenile is a person subject to juvenile court proceedings
because of a statutorily defined event or condition caused by
or affecting that person and was alleged to have occurred
while his or her age was below the specified age limit .
PHILOSOPHIES OF JUVENILE DELINQUENCY
Many legal features incorporated into the juvenile court first appeared in the laws creating the
houses of refuge. Refuge legislation embodied three legal innovations:
a formal agebased distinction between juvenile and adult offenders and their institutional
separation;
the use of indeterminate commitments;
and a broadened legal authority, parens patriae, that encompassed both criminal offenders and
neglected and incorrigible children.
The legal doctrine of parens patriae —the right and responsibility of the state to substitute its own
control over children for that of the natural parents when the latter appeared unable or unwilling to
meet their responsibilities or when the child posed a problem for the community—originated in the
English chancery courts to protect the crown's interests in feudal succession and established royal
authority to administer the estates of orphaned minors with property.
In Ex parte Crouse, 4 Whart. 9 (Pa. 1838), the Pennsylvania Supreme Court rejected legal
challenges to the peremptory incarceration of troublesome youths, noting that "The object of the
charity is reformation
Nature and extent of
juvenile delinquency
Delinquency is usually defined as anti-social behaviour, that is, behaviour contrary
to accepted codes or customs. But since codes or customs vary greatly and subject
to a wide variety of interpretation, very energetic and lively kids at some time or
other commits anti-social acts. But because they are learning our social customs,
we put up with behaviour variations in them that we would discountenance in older
children.
The acts of children have varying consequences. Sometime they occur in context
such a high level that the child quickly readjust and goes on normal behaviour. At
other times the context is if so slow a level that once anti-social act is committed, a
second act of the same nature becomes more likely than it was before. This gives
rise to the second principle in modern principle in modern theory-the vicious circle.
Some acts bring down upon the individual such a social overlay that thereafter he
must react not only to the consequences of the act itself, but also to the context or
changed pattern of relations produced by the act. For each individual a
psychological environment is created which makes for good or bad behaviour.
POVERTY as a person could be languishing in jail in perpetuity: It has
been blamed for many social ills. One such ills is why many children
commit crimes.
However, the real challenge, according to advocates and pundits, lies in
the failure of the State to properly deal with the so-called children in
conflict with the law (CICL). Such failure, it has been said, deprives
children of the opportunity to better their lives or, at the least, enjoy
their childhood.
Based on data provided by the Juvenile Justice Welfare Council (JJWC),
there were at least 11,000 CICL in 2009. The government’s media agency
has reported that, prior to the enactment of the Juvenile Justice and
Welfare Act of 2006, “more than 52,000 Filipino children are in
detention or under custodial setting.”“They suffer from all kinds of
abuses, and some were meted out with capital punishment,” the
Philippine Information Agency (PIA) said in a report on the 10th
anniversary of the JJWC in May.
The prevalence of juvenile delinquency is primarily due to poverty,
according to the Philippine National Police (PNP) considering that theft is
Theories of juvenile
delinquency
The topic of juvenile delinquency is a fertile area for
construction of sociological theory. Three major
sociological traditions, including structural functionalism,
symbolic interactionism, and conflict theory, contribute
to the explanation of delinquency. Much of the work in
this area seeks to explain why officially recorded
delinquency is concentrated in the lower class, or in
what is today more often called the underclass. This
entry considers the most prominent theories of
delinquency under the theoretical rubrics noted above.
There are three common theories on juvenile delinquency:
1. Anomie theory
The anomie theory was first written in the 1940s by Robert
Merton. Merton's theory explains that juvenile delinquency
occurs because the juveniles do not have the means to make
themselves happy. Their goals are unattainable within legal
means so they find unlawful means by which to attain their
goals.
An example would be a juvenile who has had a goal to get a
job and purchase a car. The juvenile is not able to find a job
to make money so he either steals a car or he steals money
to purchase a car.
2.SUBCULTURE THEORY
Another theory about juvenile delinquency is the
subculture theory. In 1955, Albert Cohen developed the
subculture theory, which is a culmination of several of his
theories. The subculture theory is much like it sounds;
juveniles that do not meet the social standards seek
validation from a subculture. The subculture group is formed
of other juveniles who also do not meet the social standards.
These groups then act in manners that are not socially
acceptable and rebel against the socially acceptable
standards. According to Cohen, juvenile delinquency is a
product of society. The juveniles commit crimes, such as
stealing, because it is not a social norm, and they do it to fit
in with their subculture.
3. DIFFIRENTIAL OPPORTUNITY THEORY
The differential opportunity theory does not fully support
Cohen's theory that juveniles become delinquent when they
do not meet society's standards. Differential opportunity
theory, developed by Richard Cloward and Lloyd Ohlin in
1960, believes that opportunity plays a role in juvenile
delinquency.
Cloward and Ohlin's theory states that if juveniles have more
opportunities to succeed, then they would be less likely to
turn to subculture groups for validation. Additionally, the
differential opportunity theory believes that there can be
other circumstances besides social factors that add to a
juvenile's delinquency.
Cloward and Ohlin's theory believes that the juvenile
may be successful during school but may fail to find
gainful employment. The inability to find gainful
employment can lead the juvenile to be delinquent and
not the social factors. The differential opportunity
theory differs from the subculture theory because
there are reasons other than social factors that can
lead a juvenile to be delinquent. If the juvenile has
more opportunities, they will be more willing to
succeed than to join a subculture.
Three major sociological traditions
1. STRUCTURAL FUNCTIONALISM AND DELINQUENCY
Structural-functional theories regard delinquent behavior as the
consequence of strains or breakdowns in the social processes that
produce conformity. These theories focus on institutions, such as
the family and school, that socialize individuals to conform their
behavior to values of the surrounding society and on the ways in
which these institutions can fail in this task. Wide agreement or
consensus is assumed about which behaviors are valued and
disvalued in society. The question structural-functional theories try
to answer is: Why do many individuals during their adolescence
behave in ways that challenge this consensus? That is, why do
many adolescents violate behavioral norms that nearly all of us are
assumed to hold in common?
2. Symbolic Interactionism and Delinquency
Symbolic-interactionist theories of delinquency are
concerned less with values than with the way in which
social meanings and definitions can help produce
delinquent behavior. The assumption, of course, is that
these meanings and definitions, these symbolic variations,
affect behavior. Early versions of symbolic-interactionist
theories focused on how adolescents acquired these
meanings and definitions from others, especially peers;
more recently, theorists have focused on the role of official
control agencies, especially the police and courts, in
imposing these meanings and definitions on adolescents.
The significance of this difference in focus will become
apparent as we consider the development of the symbolic-
interactionist tradition.
3. Conflict Theory and Delinquency
The most distinctive features of conflict theories
include attention to the role of power relations and
economic contradictions in generating delinquency
and reactions to it. For example, conflict theories
have focused on the role of dominant societal
groups in imposing legal labels on members of
subordinate societal groups (Turk 1969). The fact
that subcultural groups typically are also
subordinate groups ties this work to earlier
theoretical traditions discussed above.
Social Disorganization Theory.
The earliest North American efforts to explain crime and delinquency in terms of
social control focused on the absence of social bonds at the community level.
Entire neighborhoods were seen as being socially disorganized, as lacking the
cohesion and constraint that could prevent crime and delinquency. This work
began in the late 1920s, when Clifford Shaw and Henry McKay (1931, 1942)
sought to identify areas of Chicago that were experiencing social disorganization.
They explored the process that characterized these communities. What they
found were indications of what they assumed to be social disorganization—
truancy, tuberculosis, infant mortality, mental disorder, economic dependency,
adult crime, and juvenile delinquency. In Chicago, the rates of these conditions
were highest in the slums near the city center; they diminished in areas farther
away from the center. Since these problems were assumed to be contrary to the
shared values of area inhabitants, they were taken as indications that these areas
were unable to realize the goals of their residents. In other words, they were taken
as indicators of social disorganization.
Shaw and McKay also attempted to determine the sorts of
community characteristics that were correlated with
delinquency so that they could infer from these
characteristics what the central components of social
disorganization were and how they caused delinquency.
Three types of correlates were identified: the economic
status of the community, the mobility of community residents,
and community heterogeneity. The implication was that
poverty, high residential mobility, and ethnic heterogeneity
led to a weakening of social bonds or controls and, in turn, to
high rates of delinquency. All of this was being said of the
neighborhoods Shaw and McKay studied; it was left to later
theories to spell out the meaning of weakened neighborhood
bonds or controls for individuals.
Control Theory
At the level of individuals, to have neither goals nor means is to be
uncommitted and thus uncontrolled. Hirschi (1969) has argued that
the absence of control is all that really is required to explain much
delinquent behavior. There are other types of controls (besides
commitment to conformity) that may also operate: involvement in
school and other activities; attachments to friends, school, and family;
and belief in various types of values and principles. Hirschi argues that
delinquent behavior is inversely related to the presence of these
controls. Alternatively, as these controls accumulate, so too does
conformity. According to control theory, the more committed, attached,
involved, and believing individuals are, the greater is their bond to
society. Again, Hirschi's point is that no special strain between goals
and means is necessarily required to produce delinquent behavior; all
that is required is the elimination of the constraining elements of the
social bond.
In each of the theories that we have considered thus
far, values or beliefs play some role in causing
delinquency. It is argued that the presence of success
goals or values without the means to obtain them can
produce deviant behavior, as can the absence of these
goals or values in the first place. It is an emphasis on
these values, and the role of the school and family in
transmitting them, that ties the structural-functional
theories together.
2. SYMBOLIC INTERACTIONISM AND DELINQUENCY
Symbolic-interactionist theories of delinquency are
concerned less with values than with the way in which social
meanings and definitions can help produce delinquent
behavior. The assumption, of course, is that these meanings
and definitions, these symbolic variations, affect behavior.
Early versions of symbolic-interactionist theories focused on
how adolescents acquired these meanings and definitions
from others, especially peers; more recently, theorists have
focused on the role of official control agencies, especially the
police and courts, in imposing these meanings and
definitions on adolescents. The significance of this difference
in focus will become apparent as we consider the
development of the symbolic-interactionist tradition.
Differential Association Theory.
Edwin Sutherland (1939, 1949) anticipated an emphasis of the
symbolic-interactionist perspective with his early use of the concept of
differential association. This concept referred not only to associations
among people but also, and perhaps even more important, to
associations among ideas. Sutherland's purpose was to develop a
general theory that explained delinquency as well as adult criminality.
He argued that people violate laws only when they define such
behavior as acceptable and that there is an explicit connection
between people and their ideas (that is, definitions). So, for example,
delinquent behavior is "learned in association with those who define
such behavior favorably and in isolation from those who define it
unfavorably," and this behavior occurs when "the weight of the
favorable definitions exceeds the weight of the unfavorable
definitions."
Although Sutherland intended his theory to be general
and explicitly to include the explanation of
delinquency, his best-known applications of the theory
were in his famous studies of professional theft and
white-collar crime. Nonetheless, Sutherland's
emphasis on white-collar illegality was important for
the study of delinquency because it stressed the
ubiquity of criminality, and, as we see next, it helped to
mitigate delinquency theory's preoccupation with
underclass delinquency.
Neutralization Theory.
While most of the theories we have considered to this
point portray the delinquent, especially the underclass
delinquent, as markedly different from "the rest of us,"
Sykes and Matza (1957, 1961) follow Sutherland's
lead in suggesting that the similarities actually
outnumber the differences. Their argument is based in
part on the observation that underclass delinquents,
like white-collar criminals, usually exhibit guilt or
shame when detected violating the law.
Sutherland had argued that individuals become white-
collar criminals because they are immersed with their
colleagues in a business ideology that defines illegal
business practices as acceptable. Sykes and Matza
(1957) argue that the delinquent, much like the white-
collar criminal, drifts into a deviant lifestyle through a
subtle process of justification. "We call these
justifications of deviant behavior techniques of
neutralization," they write, "and we believe these
techniques make up a crucial component of
Sutherland's definitions favorable to the violation of
law" (p. 667).
Sykes and Matza list four of these neutralization techniques:
denial of responsibility (e.g., blaming a bad upbringing),
denial of injury (e.g., claiming that the victim deserved it),
condemnation of the condemners (e.g., calling their
condemnation discriminatory), and an appeal to higher
loyalties (e.g., citing loyalty to friends or family as the cause
of the behavior). Sykes and Matza's point is that delinquency
in the underclass, as elsewhere, is facilitated by this kind of
thinking. A question lingered, however: Why are these
delinquencies of the underclass more frequently made the
subjects of official condemnation.
Labeling Theory.
Franklin Tannenbaum (1938) anticipated a theoretical
answer to this question. He pointed out that some
aspects of juvenile delinquency—the play, adventure,
and excitement—are a normal part of teenage street
life and that, later in their lives, many nostalgically
identify these activities as an important part of their
adolescence. But others see such activities as a
nuisance or as threatening, so they summon the
police.
Tannenbaum's concern is that police intervention
begins a process of change in the way the individuals
and their activities are perceived. He suggests that
there is a gradual shift from defining specific acts as
evil to defining the individual as evil. Tannenbaum
sees the individual's first contact with the law as the
most consequential, referring to this event as a
"dramatization of evil" that separates the child from
his or her peers for specialized treatment
.Tannenbaum goes on to argue that this dramatization may
play a greater role in creating the criminal than any other
experience. The problem is that individuals thus singled out
may begin to think of themselves as the type of people who
do such things—that is, as delinquents. From this viewpoint,
efforts to reform or deter delinquent behavior create more
problems than they solve. "The way out, "Tannenbaum
argues, "is through a refusal to dramatize the evil." He
implies that the less said or done about delinquency the
better. Sociologists have expanded Tannenbaum's
perspective into what is often called a labeling, or societal
reactions, theory of delinquency and other kinds of deviance.
For example, Lemert (1967) suggests the terms primary
deviance and secondary deviance to distinguish between
acts that occur before and after the societal response
. Acts of primary deviance are those that precede a social or legal
response. They may be incidental or even random aspects of an
individual's general behavior. The important point is that these initial
acts have little impact on the individual's self-concept. Acts of
secondary deviance, on the other hand, follow the societal response
and involve a transformation of the individual's self-concept, "altering
the psychic structure, producing specialized organization of social
roles and self-regarding attitudes." From this point on, the individual
takes on more and more of the "deviant" aspects of his or her new role
(Becker 1963, 1964).
The societal response has, from this viewpoint, succeeded only in
confirming the individual in a deviant role; for example, by potentially
making adolescent delinquents into adult criminals through the
punitive reactions of the police, courts, and others.
In the end, symbolic interactionists do not insist that all or
even most delinquent behavior is caused by officially
imposed labels. Being labeled delinquent is thought, rather,
to create special problems for the adolescents involved, often
increasing the likelihood that this and related kinds of
delinquent behavior will be repeated. The point is that not
only the actor but also reactors participate in creating the
meanings and definitions that generate-delinquency. The
symbolic interactionists note that poor are more likely than
the rich to get caught up in this process. This point is further
emphasized in conflict theories.
3.CONFLICT THEORY AND DELINQUENCY
The most distinctive features of conflict theories
include attention to the role of power relations and
economic contradictions in generating delinquency
and reactions to it. For example, conflict theories have
focused on the role of dominant societal groups in
imposing legal labels on members of subordinate
societal groups (Turk 1969). The fact that subcultural
groups typically are also subordinate groups ties this
work to earlier theoretical traditions discussed above.
An Early Group-Conflict Theory.
George Vold (1958) was the first North American sociologist
to write explicitly about a group-conflict theory of
delinquency. He began with the assumption that criminality
involves both human behavior (acts) and the judgments or
definitions (laws, customs, or mores) of others as to whether
specific behaviors are appropriate and acceptable or
inappropriate and disreputable. Of the two components, Vold
regarded judgments and definitions as more significant. His
salient interest was in how groups impose their value
judgments by defining the behaviors of others as illegal.
Vold regarded delinquency as a "minority group" behavior.
For example, he argues that "the juvenile gang . . . is nearly
always a 'minority group', out of sympathy with and in more
or less direct opposition to the rules and regulations of the
dominant majority, that is, the established world of adult
values and powers" (p. 211). In this struggle, the police are
seen as representing and defending the values of the adult
world, while the gang seeks the symbolic and material
advantages not permitted it under the adult code. At root,
Vold argues, the problem is one of intergenerational value
conflict, with adults prevailing through their control of the
legal process.
Theory of Legal Bureaucracy.
According to this viewpoint, determining which groups in society will
experience more delinquency than others may be largely a matter of
deciding which laws will be enforced. Chambliss and Seidman (1971)
observe that in modern, complex, stratified societies such as our own,
we assign the task of resolving such issues to bureaucratically
structured agencies such as the police. The result is to mobilize what
might be called the primary principle of legal bureaucracy. According
to this principle, laws will be enforced when enforcement serves the
interests of social control agencies and their officials; and laws will not
be enforced when enforcement is likely to cause organizational strain.
In other words, the primary principle of legal bureaucracy involves
maximizing organizational gains while minimizing organizational
strains.
Chambliss and Seidman conclude that a consequence
of this principle is to bring into operation a "rule of
law," whereby "discretion at every level . . . will be so
exercised as to bring mainly those who are politically
powerless (e.g., the poor) into the purview of the law"
(p. 268). Theoretical work of this kind coincided with
important research on the policing of juveniles (e.g.,
Reiss 1971). According to the conflict theorists, poor
minority youth appear disproportionately in our
delinquency statistics more because of class bias and
police and court prejudice than because of actual
behavioral differences.
Recent Structural Theories.
Some recent theories of delinquency have combined conflict
theory's structural focus on power relations with etiological
questions about sources of delinquent behavior as well as
reactions to it. Thus Spitzer (1975) begins the formulation of
a Marxian theory of delinquency (and deviance more
generally) with the observation, "We must not only ask why
specific members of the underclass are selected for official
processing, but also why they behave as they do" (p. 640).
One effort to answer behavioral questions with insights from conflict
theory is an "integrated structural-Marxist theory" proposed by Colvin
and Pauly-(1983). This theory integrates elements of control theory
and Marxian theory. The theory is comprehensive, and only some of
its most striking features can be outlined here. These features include
a Marxian focus on working-class parents' experiences of
coerciveness in the workplace, which Colvin and Pauly suggest lead
to coerciveness in parenting, including parental violence toward
children. In turn, Colvin and Pauly argue that such children are more
likely to be placed in coercive control structures at school and to enter
into alliances with alienated peers. All of these experiences make
delinquent behavior more likely, including the violent and instrumental
kinds of delinquent behavior that may be precursors of adult
criminality.
Power-control theory
is another recent structural formulation (Hagan 1989) that
attempts to explain large and persistent gender differences
in delinquency by taking power relations into account. Power
relations in the family are the starting point of this theory. The
cornerstone of the theory is the observation that, especially
in more patriarchal families, mothers more than fathers are
involved in controlling daughters more than sons. A result of
this intensified mother–daughter relationship is that
daughters become less inclined to take what they perceive
as greater risks of involvement in delinquency. Police and
other processing agencies act on stereotypes that extend
these gender differences in officially recorded delinquency.
Power-control theory generally predicts that in more patriarchal
families, sons will be subjected to less maternal control, develop
stronger preferences for risk taking, be more delinquent, and more
often be officially labeled for being so. More recently, this theory has
been elaborated to emphasize that in less patriarchal families mothers
may become more involved in the control of their sons and this can
reduce their sons' involvement in risk taking and delinquency
(McCarthy and Hagan 1999).
These structural approaches illustrate an ongoing trend toward
theoretical integration in this tradition and elsewhere in the study of
delinquency (e.g., Hagan and McCarthy 1997; Messner et al. 1989;
Sampson and Wilson 1995; Tittle 1995). These integrations involve
theories that are often thought to be in apposition if not opposition to
one another. Yet the trend toward integration in delinquency theory
has been apparent for more than a decade, and it seems likely to
continue.
Factors and causes of juvenile delinquency
The term juvenile delinquency is used to describe a large number of disapproved
behaviors of children or youths. In this sense, almost anything that the youth does
which others do not like is called juvenile delinquency. However, criminologist
suggested the following factors of juvenile delinquency:
Juvenile delinquency includes the behavior specifically defined as delinquent
according to the various existing laws and ordinances concerning children or
youth.
The definition of juvenile delinquency must take into account the social reality that
reflected through the media. Books, movies and television help people to define a
particular reality for them. If the media systematically portrays particular behavior
as delinquent, they often come to be accepted as real.
While almost all children engage in behavior that is in violation of juvenile codes
and laws, we believe that ultimately, juvenile delinquents refers to youths who
have been successfully defined as delinquents.
There are other factors that are linked to youth offending.
There is the gender factor, particularly in patriarchal
societies. Violence is overwhelmingly a male problem. The
roots for this appear to be primarily social rather than
biological, highlighting the inadequacies of current
socialization of male children, and the promotion of
insensitive and overbearing male behavioral models and
attitudes in many societies. It was also reported that the
inadequate monitoring and supervision of children by parents
and other adults could be crucial in realizing a potential for
violence. Studies show that poor parental supervision or
monitoring, erratic or harsh parental discipline, parental
disharmony, parental rejection of the child, and low parental
involvement in the child’s activities are all-important
predictors of offending
List of Predictors
The list below is particularly useful in identifying the components of
the strategies of prevention and early intervention. But the list is not a
universal one that applies to all countries. In any particular country or
society, methods of preventing or treating antisocial behavior should
be based on empirically validated theories about causes.

Individual factors:
Pregnancy and delivery complications
Low resting heart rate
Internalizing disorders
Hyperactivity, concentration problems, restlessness, and risk taking
Aggressiveness
Beliefs and attitudes favorable to deviant or antisocial
behavior
Family factors
Parental criminality
Child maltreatment Poor family management practices
Low levels of parental involvement
Poor family bonding and family conflict
Parental attitudes favorable to substance abuse and
violence
Parent-child separation
School factors
Academic failure
Low bonding to school
Truancy and dropping out of school
Frequent school transitions
Peer-related factors
Delinquent siblings
Delinquent peers
Gang membership
Community and neighborhood factors
Poverty
Community disorganization
Availability of drugs and firearms
Neighborhood adults involved in crime
Exposure to violence and racial prejudice
Causes of juvenile Delinquency
When you think of young people committing crimes, you have to ask more than
how can we rehabilitate them. You have to take a step back and ask how can we
prevent this from happening. There has been extensive research conducted on
juvenile crime, and they have uncovered some of the leading contributors to this
type of behavior.
Schooling
Children that have trouble in school, whether it is attendance issues or difficulty
with learning, have been found to have a higher incidence of committing a crime.
School provides children with more than just a place to learn. School also
provides a very structured atmosphere that teaches children how to function
within guidelines.
Children who struggle in school often feel left out or feel as if they do not belong.
This often leads them to turn to groups of kids that feel the same way and leads
to hostility towards the system. Feeling like an outcast at school is one of the
most common attributes found in children who commit crimes.
Family Life
If a child has a rough family life, it is more likely that they will fall into
criminal activity. Parents who are not emotionally or physically
available to guide and care for their children cause these children to
feel empty and lost and this can lead to trouble. In an effort to fill this
void, many children turn to crime.
Violence
Violence at home or violence from peers is another major factor in
juvenile delinquency. Children who are being physically or emotionally
hurt will lash out in a variety of ways. For some, they turn to petty
crime for reasons only known to them. For others, these children, in
turn, become violent and their criminal acts reflect this rage.
The violence of any sort can be very damaging to a child who does
not know why this is occurring or how to protect themselves from the
abuse. Abuse is another one of the leading factors of juvenile crime.
Substance Abuse can affect an entire family unit. If a parent, sibling or other
close relative has a substance abuse problem, the child could easily develop a
problem themselves or suffer from other forms of abuse by the addict. Substance
abuse takes its toll on the young in many ways.
Children with addictions may find themselves in positions to steal or otherwise
earn money to get the “fix” that they need. They may also find themselves
seeking money for their loved ones who have an addiction problem. Another
factor is stealing for food since many addicted parents fail to feed their children
properly.
Peer Pressure
For as long as there have been groups of kids that hang out together there has
been peer pressure. Kids want to make their friends happy and stay as part of a
group. It is just human nature. Adults do this as well.
Being in the wrong group, however, can lead to a criminal act. It is very important
for parents to know the friends that their children hang out with so that they know
what type of peer pressure their kids will experience. While this is not a foolproof
way of preventing crime, it is a good way to let your child know that you are
involved in their lives.
Family conditions, and the role of the parents
and teachers and against delinquency

Family
The basic unit in society traditionally consisting of two parents rearing their
children (Merriam-Webster Dictionary).
The family, being the foundation of the nation, is a basic social institution which
public policy cherishes and protects. Consequently, family relations are governed
by law and no custom, practice or agreement destructive of the family shall be
recognized or given effect (Art. 149, Family Code).
Family is the basic social group that is united by blood (consanguinity) or
marriage (affinity); one that generally lives together and participates in economic
cooperation; provides security; socialization and companionship; and aids in the
reproduction and preservation of the human race. It is the most universal social
institution.
Functions of Family
Reproduction – the family is a prerequisite for the survival of a society to replace
one generation to the next. However, sexual activities are allowed but regulated.
Security – the family serves as a protector for all its members especially the
young and helpless against all kinds of danger.
Socialization – it is primarily the social institution that is responsible for the early
development of an individual’s personality. In the family, it is instilled in the child
the attitudes, norms, and values.
Assignment of Status – it is in the family that the initial ascribed status is fixed
which includes their ethnic and racial status, religious status and also their class
status.
Emotional Support
Other functions of the family are that it provides the mechanism in terms of
transmittal of inheritance or private property and serves as the economic base for
producing goods and services (Saquilayan, et. Al, 2011).
Family Structures
Nuclear Family – this refers to a family consisting of a husband and
wife plus their children.
Extended Family – this refers to a family consisting of several
generations of the blood relatives. This consists of two nuclear
families; the family of orientation and the family of procreation.
Anthropologists define the family of orientation as the family in which
one is born and grows up or where the individual receives.
Joint Family – this refers to married children with their spouses and
children living in one residence. The joint family is horizontal in
relationship unlike the extended family which is vertical. Their two
generations in a joint family – the father and son while the extended
family has three male generations – the father, the son, and the
grandson.
Household – the household may consist of one individual or a hundred
individuals. The individuals may or may not be related to one another. All of them
are considered members of the household having the same residence and share
in the domestic functions. Household is a census term.
Truncated Family – this is not a common form of family. This refers to the
grandparent-grandchildren relationship. This form of family happens when
grandparents assume the parental responsibility when the parents die and they
act as surrogate parents. Financial problems of parents could be another reason
why grandparents take on the responsibility as surrogate parents.
Stem Family – this refers to family formed by two families – the family of
orientation and the family of procreation. It is similar to the extended family. The
families do not share a common residence but their houses may be located in the
same area. This form of family is typically agricultural. For example, one male
may do farming while the other children work outside the farm. Those left in the
farm also take care of the other children and receive share from the farm
products (Saquilayan, et. Al, 2011).
Models of Family
The Corporate Model – the father is the chief executive officer in this
family model. The mother is the operating officer, implements the
father’s policy and manages the staff (children) that in turn have
privileges and responsibilities based on their seniority.
Team Model – the father is the head and the mother is the chief of the
training table and cheer leader in this family model. The children,
suffering frequent performance anxiety, play the rules and stay in
shape with conformity calisthenics. In this family, competition is the
name of the game, winning is everything.
Military Model – the father is the general and the mother is the guard
on duty with special assignment to nurse corps when needed. The
kids are the grunts. Unruly children are sent to stockade,
insubordinate wives risk discharge. Punishment is swift and sadism is
called character building.
The Boarding School Model – this family model views the
father as the rector or head master, he is in charge of the
training school, mind and bodies. The mother is the dorm
counselor who oversees the realm emotion, illness, good
works and bedwetting. The children are dutiful students. The
parents have nothing left to learn, there’s but taught and
test.
The Theatrical Model – the father is the producer, plays the
role of the father in this model. The mother is the stage
manager, doubles in the part of the mother and children, the
stagehands, also acts the roles of girls and boys. No writer
is necessary because the lines are scripted; the roles are
sex stereotype, the plot predictable.
Agents of Socialization in the Life of Child

Family – is the most important agent in socialization. It plays an important role

and has a special responsibility. It usually the most influential group in the life of
the child. It is also in the family that the formative years and development of the
self and one’s responsibility have its crucial undertakings. From the family the
child is given care, emotional support, medical attention, shelter, education and
other basic support needs.
School – is a formal agent of socialization. It is the school where emotional and
intellectual growths are formally forged. Here the child learns the basic formal
instruction such as reading, writing, arithmetic, rational thinking, and right
conduct. The school is responsible in implanting various fields of knowledge to
prepare the children for adulthood and become productive, effective and
responsible citizen.
Peers – are another very potential agent of socialization. As the child
grows, the role of the family in socialization is gradually supplemented
and at times replaced by the peers. The peer group is an informal
grouping of two or more individuals, about the same age levels,
neighborhood, school or friends.
Mass Media – mass media may be in a form of print, broadcast, or
electronic. Thus, almost everyone could be reached and influenced
due to its tri-media system. The mass media is a socializing agent
primarily to inform, entertain and educate. It covers a wide field of
interest and the whole society is its audience, that is, from children to
adults.
Religion – is an agent of socialization that can assist in giving a
society a sense of direction. Morals and values which are inherent in
religion can give audience about what is appropriate in terms of roles
and behaviors of a society or individual.
The family home - constituted jointly by the husband and the
wife or by an unmarried head of the family, is the dwelling
house where they and their family reside, and the land on
which it is situated (Art. 152, FC). The family home is
deemed constituted on a house and lot from the time it is
occupied as a family residence. From the time of its
constitution and so long as any of its beneficiaries actually
resides therein, the family home continues to be such and is
exempt from execution, forced sale or attachment except as
hereinafter provided and to the extent of the value allowed by
law (Art. 153, FC, Desiderio, 2006).
The Roles of the Family in Controlling Juvenile Delinquency
Development of the Security of a Child
Children rely on the family for their basic needs, such as clothing, shelter and
food, with their family providing their primary sense of physical security. They
also get emotional security from the family that can find nowhere else, allowing
children to grow in confidence and be able to express themselves fully. Giving
children a stable home routine also enables them to feel secure, as they know
they will eat, drink, bathe, and sleep at certain times without being disturbed. The
different committees have also been established such as; Committee on the
Rights of the Child, Human Rights Committee, Committee against Torture,
Human Rights Commissioner, and their advocacy is a sign of security if followed
and implemented which is not always the case.
Security for children is a recipe for them to develop their skills and talents, grow
physically, and develop cognitively and emotionally. Security is also important in
building trust between children and family members. When children know that
they can trust those around them, they feel more comfortable and secure.
Development of a Child’s Values
The family plays an important role in inculcating norms and values within
children. These include an understanding of right and wrong, respect, fairness,
compassion and responsibility. Children learn these values by observing and
emulating their parents’ behavior, and being taught by their parents. Thus,
children learn both the importance of these values and the consequences of not
observing them.
Development of a Child’s Skills
The moment children are born, they start learning skills that include cognitive,
emotional, interactional, and language skills. These skills are acquired over time
and are very important as they shape a person and improve their ability to fulfill
their potential. For example, emotional skills are important for children as they
teach them how to deal with life’s difficulties and when to have sympathy and
compassion for others. Without emotional skills, children are inclined to engage
in destructive choices when they are older. For example, children with low
emotional skills are likely to engage in criminal activities.
The Role of Education in Preventing Delinquency
Teaching of basic values and developing respect for the child’s own
cultural identity and patterns, for the social values of the country in
which the child is living for civilizations different from the child’s own
and for human rights and fundamental freedom;
Promotion and development of the personality, talents and mental
physical abilities of young people to their fullest potential;
Involvement of young persons as active and effective participants in,
rather than mere objects of, the educational process;
Undertaking activities that foster a sense of identity with and of
belonging to the school and the community.
Encouragement of young persons to understand and respect diverse
views and opinions, as well as cultural and other differences;
Provision of information and guidance regarding vocational
training, employment opportunities and career development;
Provision of positive emotional support to young persons
and the avoidance of psychological maltreatment;
Avoidance of harsh disciplinary measures, particularly
corporal punishment.
Educational systems should seek to work together with
parents, community organizations and agencies concerned
with the activities of young persons. Young persons and their
families should be informed about the law and their rights
and responsibilities under the law, as well as the universal
value system, including United Nations instrument.
Educational systems should extend particular care and attention to young
persons who are at social risk. Specialized prevention programs and educational
materials, curricula, approaches and tools should be developed and fully utilized.
Special attention should be given to comprehensive policies and strategies for
the prevention of alcohol, drug, and other substance abuse by young persons.
Teachers and other professionals should be equipped and trained to prevent and
deal with these problems. Information on the use and abuse of drugs, including
alcohol, should be made available to the student body.
Schools should serve as resource and referral center for the provision of medical,
counseling and other services to young persons, particularly those with special
needs and suffering from abuse, neglect, victimization and exploitation. Through
a variety of educational programs, teachers and other adults and the student
body should be sensitized to the problems, needs and perceptions of young
persons, particularly those belonging to underprivileged, disadvantaged, ethnic or
other minority and low-income groups.
 Parental rights and
disciplinary authority over
their children

Your duties and rights as a parent:

Children have the right to be safe, to be treated with affection,
to be educated, to have medical care and to be protected
against cruelty and abuse. Parents have the duty to protect
their children’s rights until they are old enough to make their
own way in the world.
The authority to make decisions concerning and affecting the
care, welfare and proper development of the child is known
as ‘parental responsibility’.
Family law in Australia defines the responsibilities that parents have in
relation to bringing up their children. These include:

*to protect your child from harm

*to provide your child with food, clothing and a place to live
*to financially support your child
*to provide safety, supervision and control
*to provide medical care
*to provide an education.
Who has parental responsibility?
The Family Law Act states that birth parents, adoptive parents, those who
become parents through artificial conception or surrogacy and those who satisfy
presumptions of parentage are the only people to possess 'innate parental
responsibility', which means they are legally authorised to exercise parental
responsibility without a court order.
Although other adults, such as step-parents, may be involved in the care
and support of a child, only these parents, or those recognised as parents by the
court, have the ultimate authority for making decisions about a child.
Your obligations continue until your child has turned 18 and don’t end with
divorce or separation. The government and the court encourage both parents to
share in the exercise of their parental responsibility for a child, even in the case of
separation
Your Rights as a parent
As a parents you also have rights:
The law allows parents to bring up their children according to their own
values and beliefs. Decisions such as religion, education, discipline, medical
treatment and where the child lives will not be interfered with unless there are
good reasons or the child’s well-being is at risk - for example, if there is abuse, if
the child is not receiving education or necessary medical treatments.
Working parents have the right to child-care services and to access
information on payments and services for which they are eligible.
However, the concept of parents’ rights does not include the right to have
custody or contact with your children, for example after separation. In situations
where parental responsibility may be altered, the law requires the best interest of
the child to be the paramount consideration.
Rights and duties of parents

Primary Rights of Parents

The parents shall have the right to the company of their children and,
in relation to all other persons or institutions dealing with the child’s
development, the primary right and obligation to provide for their
upbringing (Art. 43, PD 603).

Right to Discipline Child

Parents have the right to discipline the child as may be necessary for
the formation of his good character, and may therefore require from
him obedience to just and reasonable rules, suggestions and
admonitions (Art. 45, PD 603)
Duties of Parents are:
Give them affection, companionship and understanding;
Extend to them the benefits of moral guidance, self-discipline and religious instruction;
Supervise their activities, including his recreation;
Inculcate in him the value of industry, thrift and self-reliance;
Stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his
commitment to his country;
Advise them properly on any matter affecting his development and well-being;
Always set a good example;
Provide them with adequate support;
Administer their property, if any, according to their best interests, subject to the provisions of Art.
320 of the Civil Code (Desiderio, 2006).
Liabilities of Parents
Parents and guardians are liable for the damage caused by the child under their parental
authority (Art. 58, PD 603).
Criminal liabilities shall be attached to any parent who:

Conceals or abandons the child with intent to make such child lose
his civil status.
Abandons the child under such circumstances as to deprive him of
the love, care and protection he needs.
Sells or abandons the child to another person for valuable
consideration.
Neglects the child by not giving him the education which the family’s
station in life and financial conditions permit.
Fails or refuses, without justifiable grounds, to enroll the child.
Causes, abates, or permits the truancy of the child from the school
where he is enrolled.
Improperly exploits the child by using him, directly or indirectly, such
as for purposes of begging and other acts which are inimical to his
interest and welfare.
Inflict cruel and unusual punishment upon the child or deliberately
subjects him to indignations and other excessive chastisement that
humiliates him.
Causes or encourage the child to lead an immoral or dissolute life.
Permits the child to possess, handle carry a deadly weapon,
regardless of its ownership.
Allows or requires the child to drive without a license or with a license
which 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 (Desiderio, 2006).
Different kinds of children under the family code:
Legitimate Children
Illegitimate Children
Legitimated Children
Adopted Children

Rights of Legitimate Child

To bear the surnames of the father and the mother, in conformity with
the provisions of Civil Code on Surnames;
To receive support from their parents, their ascendants, and in proper
cases, their brothers and sisters, in conformity with the provisions of
the Family Code.
To be entitled to the legitimate and other successional rights
(legitimate) granted to them by the Civil Code (Art. 174 FC)
Legitimacy may be impugned only on the following grounds:
 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 the child because of:
1. The physical incapacity of the husband to have sexual intercourse with his wife;
2. The fact that the husband and wife were living separately in such a way that sexual
intercourse was not possible; or
3. Serious illness of the husband, which absolutely prevented sexual intercourse;
 That it is provided that for biological or other scientific reasons, the child could
not have been that of the husband, except in the instance provided in the
second paragraph of Art 164, FC; or
 That in case of children conceived through artificial insemination, the written
consent or ratification of either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence (Art. 166, FC).
Illegitimate Children
Children conceived and born outside a valid marriage are illegitimate, unless
otherwise provided by the Family Code (Art. 168, FC).
Legitimated Children
Only children conceived and born outside of wedlock of the parents who, at the
time of the conception of the former, were not disqualified by any impediment to
marry each other may be legitimated. Legitimation shall take place by a
subsequent valid marriage between parents. The annulment of a voidable
marriage shall not affect the legitimation. Legitimated children shall enjoy the
same rights as legitimate children (Art. 177-178, FC).
Adopted Children
Adoption may be defined the socio-legal process of providing permanent family
to a child whose parents had voluntarily or involuntarily given up their parental
rights, permanently transferring all rights and responsibilities, along with filiation,
making the child a legitimate child of the adoptive parents. (RA 11642)
PARENTAL AUTHORITY

Parental Authority under the Family Code of the Philippines (E.O . 209)
Art. 209, FC – Pursuant to the natural right and duties 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. 211, FC – The father and the mother shall jointly use parental authority and responsibility
shall include the caring for and rearing them for civic consciousness and efficiency and
development of their moral, mental and physical character and well-being.
Art. 212, FC – 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 present parent 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, FC – 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, FC – 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, FC – No descendant shall be compelled, in a criminal case,
to testify against his parents and grandparents, except when such
testimony is undesirable in a crime against the descendant or by one
parent against the other.
Substitute and Special Parental Authority
In default of parents or judicially appointed guardian, the
following shall exercise substitute parental authority over the
child in the order indicated:
1. The surviving grandparent;
2. The oldest brother or sister, over twenty-one years of age;
and
3. The child’s actual custodian, over twenty-one years of age.
Rights, welfare , and protection
of children under applicable
laws

“Juvenile justice and welfare system” refers to a system dealing with children
at risk and children in conflict with the law, which provides child-appropriate
proceedings, including programs and services for prevention, diversion,
rehabilitation, reintegration and aftercare to ensure their normal growth and
development.
Child abused and exploitation of woman and their children are not only
a national concern but a global one.
Under the 1987 constitution, Article 15, section 3, the states ensures
the right of every children to assistance including proper care and
nutrition and special protections from all forms of inflect, abuse,
cruelty, exploitation and other conditions prejudicial to their
development. This is in fact a recognition of the vulnerability and
special needs of children.
Who is considered as a child?
A person who is below 18 years old or person who is 18 or above but
who is unable to fully take care or protect himself from abuse, neglect,
cruelty, exploitation, or discrimination because of physical or
psychosocial disability or condition. (RA 11642)
Rights of every Filipino child:
1. To be born. To have name and nationality.
2. To be free. To be gave a family who will take care of me
3. To have a good education
4. To develop my potentials
5. To have enough food, shelter, a healthy and active body.
6. To be given the opportunity to play and leisure.
7. To be given protection against abuse, danger and violence brought
by war and conflict.
8. To live in a peaceful community
9. To be defended and assisted by the government
10.To be able express my views
Welfare of Children
Special municipal or county (city) governments shall establish the
integrated services mechanisms and implement or encourage,
guide and entrust the private sector to take the following welfare
measures for children and youth:
1. Establish a notification system for premature babies, and provide
follow-up visits and care services.
2. Establish an early notification system for children with delayed
development, and provide an early intervention service.
3. Administer childcare services.
4. Provide consulting services for children and youth and their
families.
5. Provide parental education for children and youth and their
parents.
6. Domestic support or provide medical care for anyone who is
incapable of bringing up his/her children or wards aged under
twelve as needed.
7. Support youth who are incapable of making a living or are
at school; do not have those obligated to care for them, or
have those obligated to care for them who are incapable of
bringing them up at home, by providing life support,
schooling or medical subsidies and cultivate their ability to
earn their living independently.

8. Provide subsidies for those obligated for care who are

incapable of paying medical expenses for premature babies,
children with rare diseases, seriously ill children and youth
as well as developmentally-delayed children.

9. Offer proper placement to runaways or children and

youth who are not suitable for upbringing in a family setting.
10. Offer proper placement to helpless children and youth.
Laws protecting children in the philippines
Philippine Constitution (1987)
Child and Youth Welfare Code – Presidential Decree 603 (1974)
Special Protection of Children Against Abuse, Exploitation and
Discrimination act- R.A No. 7610(1992)
Anti Sexual Harassment Act of 1995-R.A 7877
Anti-Rape law of 1997- R.A 8353
Relevant provisions from the Revised Penal Code- Act 3815 (1930)
Anti Trafficking in Persons Act of 2003- R.A 9208
Anti-Violence Against Women and Children Act of 2002- R.A 9262
 R.A. no 9165 - Comprehensive Dangerous Drugs Act
of 2002 Comprehensive Dangerous Drugs Act- with
respect to minor offenders.
R.A. 7658 - “An Act Prohibiting the Employment of
Children below 15 years of age in Public and Private
Undertakings" was passed into law in october, 1993,
thereby restoring the erstwhile prohibition on the
employment of children below 15 years of age
R.A. 9344 - Juvenile Justice and Welfare Act of 2006
R.A 9231- An Act Providing for the Elimination of the
Worst Forms of Child Labor and Affording stronger
protection for the working child (2003)
R.A. 9775 - An Act Defining the Crime of Child
Pornography of 2009
R.A. 10175 - Cybercrime Prevention Act of 2013- on
Cyber Child Pornography
RA 11642 – Domestic Administrative Adoption and
Alternative Child Care Act
Child and Youth Welfare Code

1.“Safety and security don't just happen, they are the result of collective
consensus and public investment. We owe our children, the most vulnerable
citizens in our society, a life free of violence and fear.“ Nelson Mandela, former
President of South Africa.
2. PRESIDENTIAL DECREE NO. 603 THE CHILD AND YOUTH WELFARE
CODE
3. Article 1. Declaration of Policy. • 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.
4. Art. 2. Title and Scope of Code • The Code shall be known as the "Child and
Youth Welfare Code". It shall apply to persons below twenty-one years of age
except those emancipated in accordance with law. "Child" or "minor" or "youth" as
used in this Code, shall refer to such persons.
5. Art. 3. Rights of the Child • All children shall be entitled to the rights
herein set forth without distinction as to legitimacy or illegitimacy, sex,
social status, religion, political antecedents, and other factors.
6. (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. The dependent or abandoned child shall
be provided with the nearest substitute for a home.
(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. The gifted child shall be given opportunity and
encouragement to develop his special talents.
7. (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.
(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. (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.
(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.
9. (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.
10. Art. 4. Responsibilities of the Child • Every child, regardless of the
circumstances of his birth, sex, religion, social status, political
antecedents and other factors shall:
(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;
11. (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.
 Juvenile delinquency
prevention programs
Components of the program
The National Intervention Program shall be formulated
and designed to include, among others, the following:

◦ In-depth analyses of the problem and inventories of programs, services, facilities and
resources available;
◦ Well-defined responsibilities for the government agencies, both member and
coordinating, institutions and personnel as well as non-government agencies involved in
intervention and prevention efforts;
◦ Mechanisms for the appropriate coordination of intervention and prevention efforts
between governmental and non-governmental agencies;
◦ Policies, programs and strategies based on prognostic studies to be continuously
monitored and carefully evaluated in the course of implementation;
◦ Methods for effectively reducing the opportunity for children to commit
offenses;
◦ Community involvement through a wide range of services and programs;
◦ Close interdisciplinary cooperation between the national government and
the local governments, with the involvement of the private sector
representative citizens of the community to be served and concerned
government agencies as well as the judiciary in taking concerted action to
prevent commission of offenses by children;
◦ Participation of children in intervention and prevention policies and
processes, including recourse to community resources, youth self-help,
and victim compensation and assistance programs; and
◦ Specialized personnel at all levels (e.g., social workers, prosecutors) and
their respective roles in the juvenile justice and welfare system.
National Juvenile Intervention Program

The JJWC shall, in accordance with Section 18 of the Act, develop a three (3) to five (5)-
year Comprehensive National Juvenile Intervention Program (the “National Intervention Program”)
embodying the detailed strategy to realize the objectives of the Act on juvenile intervention and
delinquency prevention. The National Intervention Program shall serve as a guide to all
government agencies, LGUs and NGOs in the formulation of their respective juvenile intervention
programs and their policies and programs relating to juvenile justice and welfare. Particularly, the
National Intervention Program shall serve as the basis for the formulation or modification of
policies and procedures of all government agencies involved in the Juvenile Justice and Welfare
System; and Comprehensive Juvenile Intervention Programs to be developed and instituted by the
LGUs as provided in Rule 18. The National Intervention Program shall be developed by the JJWC,
within six (6) months from the effectivity of the Act, with the participation of:
 Government agencies concerned, including but not limited those enumerated in Rule 8;
 Non-government organizations;
 Child and youth organizations; and
 The Leagues of provinces, cities, municipalities and barangays.
Comprehensive Juvenile Intervention Program

Each LGU shall formulate a Comprehensive Juvenile Intervention Program

(“Local Intervention Program”) to be instituted from the barangay to the provincial
level. Each Local Intervention Program shall cover a period of at least three (3)
years. The LGUs, in coordination with the LCPCs, shall call on all sectors
concerned, particularly the child-focused institutions, NGOs, people’s
organizations, educational institutions and government agencies involved in
delinquency prevention to participate in the planning process and implementation
of the Local Intervention Programs. Existing programs of LGUs dealing with
children shall be deemed part of LCPC program.

Components - Each Local Intervention Program shall be formulated and

designed to include the components prescribed in Rule 17.b, when appropriate.
All Local Intervention Programs shall be consistent with the National Intervention
Program formulated and designed by the JJWC.
 Implementation - The LCPC shall serve as the primary agency to
coordinate with and assist the LGU concerned for the adoption of
Local Intervention Program, and to oversee its proper implementation.
As provided by Section 18 of the Act, the LGUs shall set aside an
amount necessary to implement their respective juvenile intervention
programs in their annual budget.
Assessment - The implementation of the Local Intervention
Programs shall be reviewed and assessed annually by the LGUs in
coordination with their respective LCPCs. Results of the assessment
shall be submitted by the LGUs to the JJWC, through the DILG, not
later than March 30 of every year.
Community-based Programs as Intervention
The objectives of community-based programs as intervention As provided in Section 19 of the Act,
the community-based programs for juvenile intervention and delinquency prevention shall respond to the
special needs, problems, interests and concerns of children and offer appropriate counseling and guidance to
them and their families. All community-based programs to be designed by LGUs shall consist of three levels:
(1) Primary intervention includes general measures to promote social justice and equal opportunity, which
tackle perceived root causes of offending.
(2) These shall include programs on advocacy, socio-economic service, health and nutrition, training and
education.
(3) Secondary intervention includes measures to assist children at risk, i.e., protective services for children;
and
(4) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and
other measures to prevent re-offending, i.e., diversion programs, rehabilitation, reintegration and after
care services, which shall be further defined in Parts VII, VIII and XI of these Rules. These programs
intend to minimize the commission of offenses by children who are potentially and actually in conflict with
the law and their eventual apprehension by law enforcement officers.
Programs and services for Juvenile Intervention

Services and programs that respond to the special needs, problems, interests and concerns of children and
offer appropriate counseling and guidance to children and their families shall be developed, or strengthened
where they exist.
A wide-range of community-based support measures for children, including but not limited to community
development centers, recreational facilities and services that respond to the special problems of children at
risk, shall be provided, or strengthened where they exist.
Special facilities shall be set up to provide adequate shelter for children who are no longer able to live at
home or who do not have homes to live in.
A range of services and helping measures shall be provided to deal with adulthood. Such services shall
include special programs for young drug abusers, which emphasize care, counseling, assistance and
therapy-oriented interventions. LGUs shall share resources with and support the programs of private and
non-government organizations providing services for children.
Youth organizations shall be created or strengthened at the local level and given full participatory status in
the management of community affairs. These organizations shall encourage the youth to organize collective
and voluntary projects, particularly projects aimed at helping children in need of assistance.
The LGUs shall take special responsibility and provide necessary services for homeless or street children.
Information about local facilities, accommodation, employment and other forms and sources of help shall be
made readily available to children.
A wide range of recreational facilities and services of particular interest to children shall be established and
made easily accessible to them.
Discernment

Discernment is the mental capacity to understand the difference

between right and wrong and its consequences.

The LSWDO, after the law enforcement officer refers the records
of a child who is fifteen (15) years old or above but below eighteen
(18) years old as provided in Rule25.f, shall prepare a report
indicating an assessment if the child acted with discernment for the
purpose of determining whether to proceed with intervention under
Sec. 20 of the Act (Part VII of these Rules) or with diversion under
Chapter 2 of the Act (Part VIII of these Rules). In making an
assessment if the child who is above fifteen (15) years but below
eighteen (18) years of age acted with discernment, the LSWDO shall
take into consideration:
(1) All the facts and circumstances of the case;
(2) The educational level and performance of the child in conflict with the law;
(3) The appearance, attitude, comportment and behavior of the child in conflict
with the law, before, during and after the commission of the offense. The
LSWDO shall consider only factors that indicate if the child acted with
discernment and not indicators of premeditation or intention to commit the
alleged offense. The LSWDO shall be further guided by procedures to be
prescribed by the DSWD in making an assessment of the presence or absence
of discernment. The LSWDO shall endeavor continuously be updated with
latest trends in conducting psychosocial analyses of children and research on
factors affecting the behavior of children in conflict with the law.

After making an assessment, the LSWDO shall prepare a report showing the
basis for the assessment if the child acted with or without discernment. This report
shall be submitted to the law enforcement officer handling the case of the child.
After receipt of the report by the LSWDO, the law enforcement officer shall
conclude the initial investigation and refer the case of the child in accordance with
Rule 26.
 If after consideration of the initial assessment that the child who is
above fifteen (15) but below eighteen (18) years of age acted without
discernment, the law enforcement officer refers the case of the child
to the LSWDO for intervention pursuant to Rule 26(1), the LSWDO
has the duty to:

(1)Immediately release the child to the custody of his/her parents or

guardian, or in the absence thereof, the child’s nearest relative or to
those listed in Rule 31 when appropriate; and
(2)Determine the appropriate intervention and prevention programs for
the child as provided in Part VII of these Rules.

The offended party, in the event he/she contests the assessment

of absence of discernment, may file the appropriate case before the
prosecutor.
INTERVENTION FOR CHILDREN EXEMPT FROM CRIMINAL
LIABILITY

The following children exempt from criminal liability shall be given

the appropriate intervention programs:

(a)Those taken into custody who are fifteen (15) years old or
below; and
(b)Those above fifteen (15) but below eighteen (18) years old and
found to have acted without discernment.
Factors in determining appropriate intervention programs

In determining the appropriate intervention and prevention programs for

children exempt from criminal liability, the LSWDO shall take into account the best
interest of the child, which considers, among others, the following:

(a) Circumstances of the child (e.g., age, level of development, educational

background);
(b) Needs of the child if specially disadvantaged, i.e., street child, or child with mental
or physical difficulties;
(c) Family and social background of the child;
(d) Influence of the family and environment on the growth of the child;
(e) Ability and willingness of the parents or guardians to guide and supervise the
child;
(f) Nature and circumstances of the offense charged;
(g) Availability of community-based programs for intervention and prevention; and
(h) Safety and security of the child.

The LSWDO shall further be guided by the principles of intervention as provided

in Rule 15.The LSWDO shall engage the active participation of the child, in
accordance with his/her evolving capacity, and his/her parents or guardians in the
Kinds of intervention programs

The intervention programs for the child exempt from criminal

liability may include any or a combination of the following:
(a)Counseling;
(b)Peer counseling and life skills training and education;
(c)Provision of support services to the family, e.g., parent effectiveness
service, livelihood programs, skills trainings, etc.;
(d)Referral to other agencies for appropriate services, e.g., education,
health, skills training, etc.; and
Access to child and youth organizations in the community, such as but
not limited to the Sangguniang Kabataan. The intervention programs
determined by the LSWDO also include programs for the parents and
family of the child. The time frame of the intervention programs and
the outcome desired shall be specified
 The child and the parents, guardian or persons having custody of
the child shall regularly report to the LSWDO who determined the
intervention program for evaluation of the:
(a)Effectiveness of the program; and
(b)Compliance by the child and the parents with the terms and
conditions of the prevention program. The frequency of reporting
shall be determined by the LSWDO in the intervention program. To
determine compliance with the program, the LSWDO shall also:
(c)Conduct periodic visits at the home of the child or at the place
where the custody of the child is given; and
(d)Conduct case conference with local officials and authorities of the
school where the child attends.

If the child and the parents, guardian or persons having custody of

the child fail to comply with the intervention program, despite
exhausting all efforts to assist them, the LSWDO may file the proper
petition for involuntary commitment of the child pursuant to P.D. 603.
DIVERSION FOR CHILDREN WHO ACTED WITH
DISCERNMENT

Diversion refers to an alternative, child-appropriate

process of determining the responsibility and treatment
of a child in conflict with the law on the basis of his/her
social, cultural, economic, psychological or educational
background without resorting to formal court
proceedings. In implementing diversion, the following
principles shall be considered:
(a) Use of positive measures;
(b) Full mobilization of all possible resources, which include the family, volunteers,
schools and other community institutions;
(c) Effective, fair and humane dealing with the child; and
(d) Promotion of the well-being of the child.

Who shall undergo; venue of diversion

Pursuant to Section 23 of the Act, the child in conflict with the law shall
undergo diversion proceedings if he/she:
(a) Is above fifteen (15) years but below eighteen (18) years of age;
(b) Acted with discernment; and
(c) Allegedly committed an offense with an imposable penalty of not more than six
(6) years of imprisonment if diversion is conducted at the barangay, police or
prosecutor’s level, and not more than twelve (12) years of imprisonment, if
diversion is resorted to by the court.
 Where diversion may be conducted

As provided under Section 24 of the Act, if the imposable penalty for the offense
committed is not more than six (6) years of imprisonment, diversion may be conducted
at the:
(a) Katarungang Pambarangay level under the Punong Barangay as provided in Rule
43;
(b) Police investigation stage under the law enforcement officer as provided in Rule 44;
or
(c) Inquest or preliminary investigation stage under the prosecutor as provided in Rule
55. If the offense with the imposable penalty of not more than six (6) years
imprisonment is a victimless crime, the diversion proceedings shall be conducted by
the LSWDO in coordination with the BCPC. If the imposable penalty for the offense
committed exceeds six (6) years of imprisonment but not more than twelve (12) years
of imprisonment, diversion may resorted to only by the court.

At the Katarungang Pambarangay level, diversion prior to entry to the criminal

justice system, a child in conflict with law may undergo diversion proceedings outside the
criminal justice system when his/her case is referred to the barangay through the Lupon
Tagapamayapa. Diversion at the Katarungang Pambarangay level shall be conducted by
the Lupon Tagapamayapa, chaired by the Punong Barangay, with the assistance of the
 Nature of proceedings; participants

The Punong Barangay shall conduct mediation, family conferencing and conciliation
and, where appropriate, adopt indigenous modes of conflict resolution with a view to
accomplishing the objectives of restorative justice and the formulation of a diversion
program. The child and his/her family shall be present in the conduct of these diversion
proceedings. The offended party may participate in the diversion proceedings. The
absence of the offended party in the diversion proceedings or his/her disagreement in its
conduct shall not prevent the proceedings from being conducted. The Punong Barangay
shall, however, endeavor to obtain the participation and the consent of the offended party
in the formulation of the diversion program.

Formulation and supervision of diversion program at the Barangay level - The

diversion program at the Katarungang Pambarangay level shall be formulated by the
Punong Barangay with the assistance of the BCPC members in accordance with Rule 49.
The supervision of the diversion program at this level shall likewise be done by the
Punong Barangay, with the assistance of the BCPC. As a form of monitoring, the
members of the BCPC and the community volunteers to be designated by the BCPC may
conduct house visits with the child and his/parents or guardian to track the child’s
compliance with the contract of diversion and the child’s performance of the diversion
program. This may be done in consultation with the LSWDO.
Diversion proceedings

The authority conducting the diversion proceedings shall:

(1) Explain to the child and his/her family the objective of the diversion
proceedings, the value of diversion and the consequence of not undergoing
diversion.
(2) Ask the child of the circumstances of the offense, the motives or purpose of
the offense and the factors that led the child to commit the offense.
(3) Ask the child of his/her personal circumstance including his/her parents and
family, his/her peers and educational status.
(4) Make the child in conflict with the law understand the consequences of his/her
actions and the corresponding responsibilities.
(5) Ensure that the child understands and realizes his/he accountability, be
remorseful of his/her actions and takes on the responsibility in repairing the
harm done in lieu of filing a formal case in the court. The authority conducting
the diversion proceedings shall also determine if diversion is appropriate and
desirable based on the factors provided in the next Rule. Upon a finding that
diversion is not applicable or desirable, the authority handling the diversion
proceedings shall issue the corresponding document certifying to such fact
and shall file the case according to the regular process.
Factors in determining if diversion is appropriate

In determining whether diversion is appropriate and desirable, the

following factors shall be taken into consideration by the authority
conducting the diversion proceedings:

(1)Nature and circumstances of the offense charged;

(2)Frequency and the severity of the act;
(3)Circumstances of the child (e.g. age, maturity, intelligence, etc.);
(4)Influence of the family and environment on the growth of the child;
(5)Reparation of injury to the victim;
(6)Weight of the evidence against the child;
(7)Safety of the community; and
(8)Best interest of the child. The determination of appropriateness
and desirability of diversion shall consider the recommendation of
the LSWDO, when applicable.
Conduct of diversion proceedings

The authority conducting the diversion proceedings shall ensure that the
proceedings are child-friendly and sensitive to the needs, welfare and
the protection of the rights of the child in conflict with the law. The
authority shall use language that is simple and understandable to the
child in conflict with the law. Diversion proceedings shall be conducted in
a place where the identities of the child and the parties concerned are
kept confidential. There should be enough privacy to avoid unnecessary
interruptions, distractions and/or participation from non-parties that could
humiliate or make the child uncomfortable. The DSWD, in consultation
with the LGUs particularly LCPCs, shall formulate rules and guidelines
that should be followed during the diversion proceedings to protect the
child from coercion, intimidation, harm, abuse, or other actions
detrimental to the child. Such guidelines shall ensure that the child
understands the diversion proceedings in which he/she is involved.
Custody pending diversion proceedings

Pending the conduct of the diversion proceedings,

the custody of the child shall be given to the parents,
guardians, relatives or any other responsible person in
the community, taking into consideration the best
interest of the child in conflict with the law.
Whose consent required; if not obtained

The consent of the child and of the parents or guardian of the child shall be
obtained in arriving at a contract of diversion. When the consent of either is not
obtained, the diversion proceedings shall be terminated and the case of the
child referred in accordance with Rule 51.

Length of proceedings; when terminated

The diversion proceedings shall be completed within forty-five (45) days.

Diversion proceedings are deemed terminated when:
(1) A contract of diversion has been entered;
(2) The forty-five day period expires without any agreement reached;
(3) The child or his/her parents or guardian do not consent to a diversion;
(4) The authority conducting the diversion finds that diversion is not applicable
based on the factors enumerated in the immediately preceding Rule.
Contract of diversion

A contract of diversion may be entered during the diversion proceedings

when the child voluntarily admits the commission of the act as provided in
Section 26 of the Act. The voluntary admission of the child during the diversion
proceedings shall be only deemed as consent to undergo the diversion program
and shall not be considered a plea of guilt.

Admission not to be taken against the child

Any admission of the child shall not be used against the child in any
subsequent judicial, quasi-judicial or administrative proceedings. Neither shall
the admission be used against the child through denial of privileges and
opportunities, discrimination in treatment, or imposition of any form of liability or
punishment by reason of such admission.
 Acceptance of contract; form and content The contract of diversion containing the diversion program shall
be effective and binding if accepted by the child and the parents or guardian of the child. The contract shall be
in writing and signed by the:

(1) Child;
(2) Parents or guardian of the child;
(3) Authority that conducted the diversion proceedings (the Punong Barangay, the law enforcement officer or
the prosecutor);
(4) Member of the BCPC assisting the Punong Barangay, in cases of diversion proceedings at the
Katarungang Pambarangay level; and
(5) LSWDO in cases of diversion proceedings by the law enforcement officer or by the prosecutor.
(6) The contract of diversion shall contain the individualized diversion program and shall stipulate the rights,
responsibilities or accountabilities of the child, the parents or guardian and the offended party, when
applicable. The contract of diversion considers as the responsibility or accountability of the child to restore
the harm done in view of the offense committed. As such, the authority conducting the diversion
proceedings shall endeavor to obtain the agreement of the offended party in the formulation of the
individualized diversion program contained in the contract of diversion by:
 Explaining to the offended party the benefits of forgiveness and diversion, and the need to reform the
child within the auspices of the community instead of detention homes or rehabilitation centers once
the child expresses remorse and a willingness to ask for forgiveness from the offended party;
 Assuring the offended party that the LSWDO, together with the local government and the community,
will take care of the responsibility of reforming and monitoring the child through various diversion
programs. However, the acceptance of the offended party is not required for a contract of diversion to
be valid.
 Kinds of diversion program

As provided in Section 31 of the Act, at the different stages where diversion may be resorted to, the diversion
programs may be agreed upon, such as, but not limited to:

At the level of the Punong Barangay:

(a) Restitution of property;
(c) Reparation of the damage caused;
(d) Indemnification for consequential damages;
(e) Written or oral apology;
(f)Care, guidance and supervision orders;
(g) Counseling for the child in conflict with the law and the child’s family;
(h) Attendance in trainings, seminars and lectures on: anger management skills; problem solving and/or conflict
resolution skills; values formation; and other skills which will aid the child in dealing with situations which can lead to
repetition of the offense;
(i) Participation in available community-based programs, including community service; or
(j) Participation in education, vocation and life skills programs.

At the level of the law enforcement officer and the prosecutor:

(a) Diversion programs specified
(b) Confiscation and forfeiture of the proceeds or instruments of the crime;

At the level of the appropriate court:

(a) Diversion programs specified
(b) Written or oral reprimand or citation;
(c) Fine;
(d) Payment of the cost of the proceedings; or
(e) Institutional care and custody.
 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.
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,
Sec. 4 of Presidential Decree No. 968, otherwise known as the
“Probation Law of 1976”, is hereby amended accordingly.
Rehabilitation is the process of rectifying or modifying a
child’s negative attitude and behavior. It enables the child to
change his/her negative behavior into something positive and
acceptable to the community. Reintegration is the process,
which promotes or facilitates the acceptance of the child back
to the community. It is the healing of the victim’s and the
community’s wounds that was inflicted on them by the offense.
Rehabilitation is integral to the process of reintegration.
Rehabilitation is the process of rectifying or modifying a
child’s negative attitude and behavior. It enables the child to
change his/her negative behavior into something positive and
acceptable to the community. Reintegration is the process,
which promotes or facilitates the acceptance of the child back
to the community. It is the healing of the victim’s and the
community’s wounds that was inflicted on them by the offense.
Rehabilitation is integral to the process of reintegration.
Rehabilitation of children in conflict with the law

Children in conflict with the law, whose sentences are

suspended may upon order of the court, undergo any or a
combination of disposition measures, which are already in
place, best suited to the rehabilitation and welfare of the
child as provided in the Supreme Court Rule on Juveniles in
Conflict with the Law.
Where a child may be admitted for rehabilitation

In the event the court finds that community-based rehabilitation is inappropriate

and deprivation of liberty through institutional rehabilitation is required, the child in
conflict with the law may be committed to one of the following:

(1) Youth Detention Home;

(2) Youth Rehabilitation Center;
(3) Agricultural camps; and
(4) Other training facilities

As provided in Section 45 of the Act, no child shall be admitted in any

rehabilitation or training facility without a valid order issued by the court after a
hearing for the purpose.
Models of juvenile system

The ‘Welfare Model’

The ‘welfare model’ adopts a positivistic approach that
is based on the assumption that juvenile wrongdoing is the
product of social or environmental factors for which the young
person cannot be held individually responsible. Accordingly,
the primary goal of the youth justice system is to provide
appropriate help or treatment for offenders, rather than
punishment.
The ‘Justice Model’
In contrast to the positivism of the welfare model,
the ‘justice model’ espouses a ‘classicist’ approach
that is based on the assumption that even young
people are – with certain limited exceptions –endowed
with free will. Because they are considered to be
responsible for their actions, it is felt acceptable for
them to be held accountable in law for what they have
done, which means that the primary focus is on the
‘deeds’ of the child rather than their welfare ‘needs’.
The ‘Minimum Intervention Model’
The philosophy that underpins the ‘minimum
intervention model’ is derived in part from criminological
‘labelling theory’, which suggests that all official forms of
processing young offenders are potentially harmful to them
since they ‘label’ and stigmatise them as criminals. This
makes it more, rather than less, difficult for them to desist
from crime in future since it may make it harder for them to
engage in lawful activities, for example by rendering them
unemployable.
The ‘Restorative Justice Model’
The ‘restorative justice model’ is based on a radically different set of
assumptions about the concept of crime itself, the relationship between offenders,
victims, citizens and the state, and also about the most appropriate ways of
responding to crime. Whereas traditional criminal justice theorists have portrayed
crime first and foremost as an offence against the 99 state, the restorative justice
model places particular emphasis on the harm that is done to the victim, whose
interests were for many years neglected by mainstream criminal justice agencies
and policy-makers alike. Traditional approaches have tended to place the
responsibility for dealing with crime firmly in the hands of state-appointed
agencies, who are expected to deal with offenders (and almost exclusively with
offenders) in accordance with ‘the public interest’. In marked contrast, the
restorative justice model advocates a policy based on involving those who are
most directly affected by a particular offence – victims, offenders and their
‘communities of care’– in decisions about how it should be resolved. Moreover,
such a policy gives primacy to those interests as opposed to the more general
and abstract ‘public interest’.
The ‘Neo-correctionalist Model’
The ‘neo-correctionalist model’ resembles the justice model
inasmuch as both adopt an uncompromisingly punishment-oriented
approach, but in other respects they are very different. Whereas the
justice approach views the offender as a bearer of rights - and
therefore entitled to protection against excessive punitive interventions
on the part of the state - the neo-correctionalist approach is more
likely to emphasise the responsibilities that young offenders, and even
their parents, owe towards others, including the victim, the community
and the state. And whereas the justice model makes at best modest
claims as regards its ability to achieve any reduction in the incidence
of crime- preferring to ensure that offenders receive the punishment
which is most just rather than the most effective in terms of crime
reduction - the neo-correctionalist approach espouses a much more
ambitious crime control goal for the youth justice system.
R.A 9344 as amended and other relevant and
applicable laws and UN declarations

Republic Act No. 9344 or the “Juvenile Justice

and Welfare Act” defines the Juvenile Justice and
Welfare System as a system dealing with children at
risk and children in conflict with the law, which provides
child-appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-
integration and aftercare to ensure their normal growth
and development.
IMPORTANT FEATURES
State Policy - The following State policies shall be observed at all times:
The State recognizes the vital role of children and youth in nation building and
shall promote and protect their physical, moral, spiritual, intellectual and social
well being. It shall inculcate in the youth patriotism and nationalism and
encourage their involvement in public and civic affairs.
The State shall protect the best interests of the child through measures that will
ensure the observance of international standards of child protection, especially
those to which the Philippines is a party. Proceedings before any authority shall
be conducted in the best interest of the child and in a manner, which allows the
child to participate and to express himself/herself freely. The participation of
children in the program and policy formulation and implementation related to
juvenile justice and welfare shall be ensured by the concerned government
agency.
The State likewise recognizes the right of children to assistance, including proper
care and nutrition, and special protection from all forms of neglect, abuse, cruelty
and exploitation, and other conditions prejudicial to their development.
 REPUBLIC ACT NO. 10630
AN ACT STRENGTHENING THE JUVENILE
JUSTICE SYSTEM IN THE PHILIPPINES,
AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9344, OTHERWISE
KNOWN AS THE "JUVENILE JUSTICE AND
WELFARE ACT OF 2006" AND
APPROPRIATING FUNDS THEREFOR
Section 2. Section 4 of Republic Act No. 9344 is hereby amended to read as follows:

"SEC. 4. Definition of Terms. – The following terms as used in this Act shall be defined as
follows:

"(s) ‘Bahay Pag-asa’ – refers to a 24-hour child-caring institution established, funded and
managed by local government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-term residential care for children in
conflict with the law who 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.

"A multi-disciplinary team composed of a social worker, a psychologist/mental health

professional, a medical doctor, an educational/guidance counselor and a Barangay Council
for the Protection of Children (BCPC) member shall operate the ‘Bahay Pag-asa’. The team
will work on the individualized intervention plan with the child and the child’s family.
Section 3. Section 6 of Republic Act No. 9344 is hereby amended to read as follows:

"SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or
under at the time of the commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an intervention program pursuant to
Section 20 of this Act.

"A child is deemed to be fifteen (15) years of age on the day of the fifteenth
anniversary of his/her birthdate.

"A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless
he/she has acted with discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.

"The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws."
Pursuant to Article 40 of the United Nations Convention on the Rights of the
Child, the State recognizes the right of every child alleged as, accused of,
adjudged, or recognized as, having infringed the penal law to be treated in a
manner consistent with the promotion of the child’s sense of dignity and worth,
taking into account the child’s age and desirability of promoting his/her
reintegration. Whenever appropriate and desirable, the State shall adopt
measures for dealing with such children without resorting to judicial proceedings,
providing that human rights and legal safeguards are fully respected. It shall
ensure that children are dealt with in a manner appropriate to their well-being by
providing for, among others, a variety of disposition measures such as care,
guidance and supervision orders, counseling, probation, foster care, education
and vocational training programs and other alternatives to institutional care.
The administration of the juvenile justice and welfare system shall take into
consideration the cultural and religious perspectives of the Filipino people,
particularly the indigenous peoples and the Muslims, consistent with the
protection of the rights of children belonging to these communities.
The State shall apply the principles of restorative justice in all its laws, policies
and programs applicable to children in conflict with the law.
THANK YOU
AND GOD
BLESS!