This document provides an overview of juvenile delinquency and the juvenile justice system in the Philippines. It defines key terms like juvenile, delinquency, status offenses, and discusses factors that can contribute to juvenile delinquency like family, school, environment. It also outlines the history and development of the juvenile justice system from English common law to the establishment of the first juvenile court in Illinois in 1899 to laws passed in the Philippines like the Child and Youth Welfare Code (PD 603) and the Juvenile Justice and Welfare Act (RA 9344). The document also discusses approaches to studying delinquency and categories of children within the system.

1. Juvenile delinquency &
juvenile justice System
Presentor: Marlon B. Cainong

2. JUVENILE
 Refers to a person of tender year.
 minor, youth or those who are not emancipated by law.
 Refers to a person below 18 years of age or those but are
unable to fully take care of themselves from abuse, neglect,
cruelty, exploitation or discrimination because of physical
mental disability or conditions.
 A child or a young person, who, under the legal system
may be dealt with for an offense in a manner different from
that of an adult.
 Person below the age of majority, that is below eighteen
years old.
 Pursuant to republic Act 6809, the law that lowered the age
of majority from twenty one to eighteen for the purpose 0f
E.O 209 Family Code of the Philippines

3. JUVENILE DELINQUENCY
 It refers to anti-social act or behavior which
deviates from the normal pattern of rules and
regulations, custom and culture which society
does not accept and which society does not
accept and which there justifies some kind of
punishment or corrective measures. A delinquent
is one whose behavior has brought a minor or
child in repeated conflict with the law.

4. An act or omission committed by a minor which is
not conformity with the norms of society.
Any act, behavior or conduct which might be
brought to court and judged whether such, is a
violation of law.
Youth behavior which is against the norms and
regulations of society which left unchecked would
give rise to criminality.

5. DELINQUENT
 One whose behavior has brought him into
repeated conflict with the law regardless whether
he has been taken before a court and judged a
delinquent.
 One who has committed an offense that violated
the approved norms of conduct and is guilty of
misdeed

6. STATUS OFFENSE
=Certain acts or omission which may not be punishable
socially or legally if committed by adults but become anti-
social or illegal because the offender is a minor, such as;
 Truancy, or frequent, unreasonable absenteeism from
school.
 Use of profane language
 Running away from home
 Smoking and drinking alcoholic beverages
 Disobedience to parents, guardians or school officials
 Mendicancy or begging in the streets
 Association with delinquent gangs

7. ANTI-SOCIAL BEHAVIOR
 Characterized by disobedience to, or disrespect for authorities
PARENS PATRIAE (“FATHER OF THE COUNTRY”)
 The doctrine that does not consider delinquent act as criminal
violation. Thus making delinquents non-criminal persons and
cannot be found guilty of a crime and punished like an adult
criminal.
 Views minor who the laws as victims of improper care, custody
and treatment at home
 Assumption by the state of the role of guardian over children
whose parents are deemed incapable or unworthy.
 The authority of the state to act on behalf of the children

8. AGE OF MAJORITY
 Majority commences at the age of eighteen (18) years.
EMANCEPATION
 Freedom from parental authority, both over his person
and property, it happens upon reaching the age of
eighteen years with the exemption of the capacity to
contract marriage.
RA 6809
 The law amending the age of majority from twenty-one
(21) to eighteen (18) years (approved on 13 December
1989)

9. Different Approaches in the Study of
Delinquency
BIOGENIC
APPROACH
Gives an
explanation
that law
violations and
delinquency
are result of
some physical
defects
PSYCHOGENIC
APPROACH
Argues that the
critical factors in
delinquency are
personality
problems to which
misbehavior is
presumed to be the
response
SOCIOGENIC
APPROACH
Attributes
delinquency pattern
to social structures
views youthful
misdeed as a
learning process
through interactions
with other members
of society

10. CATEGORIES OF CHILDREN
DEPENDENT
 One who is without a parent, guardian or custodian, or whose
parents, guardian or other custodian for good cause desire to be
relieved on his care and custody and is dependent upon the public
for support
ABANDONED
 one who had no proper parental care or guardianship or whose
parents or guardians have deserted him for a period of at least six
consecutive months (PD 603)
 Refers to the child who has no proper parental care or
guardianship, or whose parents have deserted him or her for a
period of at least three (3) continuous months RA 9523

11. Mentally-Retarded
 Socially incompetent, socially in adequate, occupationally
incompetent and unable to manage their own affairs
 Mentally sub-normal
 Retarded intellectually from birth or early age
 Retarded from maturity
 Mentally deficient as a result of constitutional origin through
heredity or disease
 Essentially incurable (mahina ang pag iisip)
PHYSICALLY-HANDICAPPED
 Crippled, deaf-mute, blind and other conditions which restrict
their means of action or communications with others (may
kapansanan)

12. EMOTIONALLY-DISTURBED
 Those who, although not afflicted with insanity or mental defect,
are unable to maintain normal social relations with others and the
community in general due to emotional problems or complexes
may be caused by traumatic experiences
MENTALLY-ILL
 Those with any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to require
professional help or hospitalization
DISABLED
 Includes mentally retarded, physically-handicapped, emotionally-
disturbed and mentally-ill children (generic term)

13. SPECIAL CLASSIFICATION OF CHILD
MENTALLY RETARDED
 Custodial (I.Q.25)
 Trainable (25to 50) ¼ or ½ of average child
 Educable (50 to 75) ½ to ¾ (up to 5-6th G)
 Borderline or low normal 75 to about 89)requires some
extra help.
IDIOT= one whose mental condition is liken to a person 2
years old below.
MORON= one whose mental condition is similar to that
of seven years of age below. (Henry Goddard)

14. Other Approaches of Juvenile Delinquency
BIOCHEMICAL
Views that crime
delinquency , especially
violence, are the result od
diet, vitamins intake,
hormonal imbalance and
other biological causes.
NEUROLOGICAL
explains that crime and
delinquency occur
because the individual
suffers from brain
empairment or
abnormality in the
structure of the brain
learning disabilities such
as attention deficit
hyperactive disorder
(ADHD) and minimum
brain dysfunction are
related to antisocial
behavior
GENETICS
Explains that delinquent
traits and predisposition
to criminality are
inherited from parents,
criminality of parents can
predict delinquency of
children supported by
research on twin studies
and adoption studies

15. CONTRIBUTORY FACTORS IN JUVENILE
DELINQUENCY
FAMILY- the first and most basic institution of society responsible
for developing a child’s potential in all aspects like physical,
emotional, spiritual, moral, intellectual and social. Molds the child to
learn to curb his desires and to accept rules that define the time,
place and circumstances under which highly personal needs may be
satisfied in socially acceptable ways.
NUCLEAR FAMILY
Consist of father, mother and
children
EXTENDED FAMILY
Consists of father, mother,
children, grandparents,
uncles and aunts, cousin,
nephews and nieces, and in-
laws.
CONJUGAL FAMILY
Consists of husband and
wife , but do not have
child/children

16. SCHOOL
 Considered the second home of
achild, with teachers as the second
parents institution responsible for
the training of young person’s
intellectual, moral, as well as social
skills which they need for them to
grow up as productive, law abiding
and responsible citizens
ENVIRONMENT
the culture, norms and behavior of the
child’s surroundings may vary well
influence the upbringing of the child
especially during their formative years
and such misbehavior learned is likely
to be carried on until the child’s
maturity.
Rampant drug addiction vices as
gambling and drinking alcoholic
beverages association with criminal
groups or gangs, too much exposure to
sex and violence in movies, television,
print and internet.

17. History of JUVENILE JUSTICE
The modern practice of legally separating adult and juvenile
offenders can be traced back to two developments in English
(England) custom and law that occurred centuries ago: the
development of POOR LAWS and the creation of the English
CHANCERY COURTS. Both were designed to allow the state to
take control of the lives of needy but not necessarily criminal
children. This system was brought to the United States where it was
developed further until later it became the basis of the juvenile
justice system in the Philippines. ( principles of parens Patriae)
POOR LAWS- in 1535statutes which mandated the appointed of
overseers who placed destitute or neglected children with families
who then trained them in AGRICULTURAL ( domets of France),
trade or domestics services; this practice is called INDENTURE. In
1601, a system was created wherein church workers with the
consent of justice of the peace identified vagrant, delinquent and
neglected children and took measures to put them to work; these
children were placed in work houses until their adulthood.

18. CHANCERY COURTS
Protected the property rights and welfare of
minor children who could not care for themselves,
the courts dealt with issues of guardianship and
the use and control of property.
the courts operated under the parens patriae
philosophy which held that children were under the
protective control of the state

19. the first comprehensive juvenile court was established
in Illinois in 1899 through the passage of the Illinois
juvenile court act of 1899 which set up an independent
court to handle criminal law violations by children under
sixteen (16) years of age, as well as to care for neglected,
dependent, and wayward youths.
The purpose of the act was to separate juveniles from
adult offenders and provide a legal framework in which
juveniles could get adequate care and custody.
Congress passed the juvenile justice and delinquency
Prevention Act of 1974 to identify the needs of youths
and to fund programs in the juvenile justice system

20. JUVENILE COURT
a court that has original jurisdiction over
persons defined by statute as juveniles and
alleged to be delinquents or status offenders

21. Development of juvenile justice in the
Philippines
 PD 603- Child and youth welfare code
 RA 6809- law amending the age of majority
 Exec Order 209- the Family Code of the Philippines
 RA 7610- Anti-Child Abuse Law
 RA 8552- Domestic Adoption Act
 RA 8043- Inter- Country Adoption Act
 RA 9208- Anti-trafficking in Persons Act
 RA 9231- law amending RA 7610 on working children
 RA 9255- law on the use of father’s surname of illegitimate children
 RA 9262- Anti- Violence Against Women and their Children Act
 RA 9523- law amending the laws on adoption
 RA 9344- Juvenile Justice and Welfare Act
 RA 9775- Anti-Child Pornography Act
 REPUBLIC ACT OF 8369-THE FAMILY COURTS ACT OF 1997

22. IMPORTANT PROVISIONS OF PD603
PD 603- CHILD AND YOUTH WELFARE CODE “(CWCY)
 APPROVED ON DECEMBER 10 1974
 Effective date is 10 June 1975 (six months after approval)shall apply to
persons under eighteen (18) years of age
PARENTAL AUTHORITY (PATRIA POTESTAS)
 The sum total of the rights of the parents over the person and property of their
child
 The exercise of which has no distinction between a legitimate and illegitimate
child
 The father and the mother shall exercise jointly just and reasonable parental
authority and responsibility over their children legitimate or adopted children
 In case of death of either parent, the surviving parent shall exercise sole
parental authority
 In case of disagreement, the father’s decision shall prevail unless there is a
judicial order to the contrary

23. PARENTAL RESPONSIBILITY
 The sum total of the duties and obligations of parents over their
minor children
LIABILITIES OF PARENTS
 parents and guardians are responsible for the damage or injury
caused by the child under their parental authority
LEGAL CUSTODY
 In case of separation of parents, no child under SEVEN (7)
YEARS OF AGE shall be separated from his mother unless the
court decides otherwise
GUARDIANSHIP
 A trust relation of the most sacred character, in which one person,
called guardian, acts for another, called a ward, regarded as
incapable of managing his own affairs

24. TERMINATION OF PARENTAL
AUTHORITY
1. UPON ADOPTION
2. UPON APPOINTMENT OF A GUARDIAN;
3. UPON DECLARATTION OF ABONDONEMENT OF
THE CHILD PARENTAL AUTHORITY

25. SUSPENSION OF PARENTAL
AUTHORITY
1. Convection of apparent of a crime which carries
with the penalty of civil interdiction
2. Treating the child with excessive harshness or
cruelty;
3. Giving the child corrupting orders, counsel or
example;
4. Compelling the child to beg; or
5. Subjecting the child or allowing him to be
subjected to acts of lasciviousness

26. LIABILITIES OF PARENTS
-Parents and guardians are responsible for the damage or
injury caused by the child under their parental authority
LEGAL CUSTODY
- In case of separation of parents SEVEN (7) YEARS OF
AGE shall be separated from his mother unless the court
decides otherwise

27. SUBSTITUTE PARENTALAUTHORITY
 In case of absence or death of both parents, substitute parental authority shall
be given to the following, in order of priority: (GOR)
 Grandparents
 Oldest brother or sister at least 21 years of age
 Relative who has actual custody of the child/ guardian duly appointed by the
court
COMMENCEMENT OF CIVIL PERSONALITY
 The CIVIL PERSONALITY of the child shall commence from MOMENT OF
CONCEPTION
CONCEPTION
 The start of life
 The union of the sperm cell and the egg cell
 Also called the process of fertilization

28. CIVIL PERSONALITY
 Pertains to the identity and recognition of an individual as a persons having
rights
 Shall commence from the moment of conception, thus all children shall have
the right to live
ABORTION
The expulsion of the fetus from the mother’s womb
KINDS OF ABORTION
CRIMINALABORTION
 Classified as intentional (art. 256) or unintentional (art. 257) as provided by the
Revised Penal Code.
 Punishable by law
THERAPEUTIC ABORTION
 Recommended and performed by a certified physical when there are health
risks and complications
 Not punishable by law(Avoidance of Greater Injury)

29. Adoption
 An act by which relations of paternity and filiations are
recognized as legally existing between persons not so related by
nature taking into one’s family of the child of another, as son or
daughter and heir, conferring on it a title to the rights and
privileges of such.
FILIATION- The acknowledgement of the father of his relationship
with the child also called paternity.
BIOLOGICAL CHILD- natural-born child of the parents
ADOPTED CHILD- a child who underwent the judicial process of
adoption
FOUNDLING- refers to a deserted or abandoned infant or child
whose parents, guardians or relatives are unknown

30. LEGAL CLASSIFICATION OF
CHILDREN
1. LEGITIMATE- born inside the marriage
2. ILLEGITIMATE- Born outside the marriage
3. LEGITIMATED- illegitimate child raised to the
status of a legitimate child by subsequent
marriage of his parents
4. ADOPTED- a person who is raised to the status
of legitimacy through adoption (juridical act)

31. RA 8552- DOMESTIC ADOPTION ACT
OF 1998
 APPROVED ON 25 FEBRUARY 1998
ADOPTER- the person adopting for the adoption of a child
ADOPTEE- the child or person being petitioned for adoption
CHILD LEGALLY AVAILABLE FOR ADOPTION
 A child who has been voluntarily or involuntarily committed to
the DSWD or to a duly licensed and accredited child-placing or
child-caring agency , freed of the parental authority of his or her
biological parents or guardians or adopter, in case of rescission.
 Refers to a child whose favor a certification was issued by the
DSWD that he or she is legally available for adoption after the
fact of abandonment or neglect has been proven through the
submission of pertinent documents, or one who was voluntarily
committed by his or her parents or legal guardian (RA 9523)

32. CHILD-PLACING AGENCY OR
INSTITUTION
 Refers to a private non-profit institution or
government agency duly accredited by the
DSWD that receives and process applicants to
become foster or adoptive parents and facilitate
placement of children eligible for foster care or
adoption (MYRC)

33. WHO MAY ADOPT?
 Any Filipino citizen of legal age at least sixteen (16) years older
than ther adoptee unless the adopter is the biological parent of
the adoptee’s biological parent (exception to the rule)
 Any alien (foreigner) possessing the same qualifications as that of
a Filipino citizen, who has been living in the Philippines for at
least three (3) consecutive years, and whose country has
diplomatic relations with the philippines

34. WHO MAY BE ADOPTED?
 Any person below eighteen (18) years of age declared legally
available for adoption.
 The legitimate son or daughter of one spouse by the other spouse
 An illegitimate son or daughter by a qualified adopter to improve
his or her status to that of legitimacy
 A person of legal age if prior to the adoption, said person has
been consistently considered and treated by the adopter as his or
her own child since minority.
 A child whose adoption has been previously rescinded
 A child whose biological or adoptive parents has died, but
proceedings may only be initiated after six (6) months from the
time of the death of the parents

35. SUPERVISED TRIAL CUSTODY
 A period of time within which a social worker oversees
the adjustment and emotional readiness of both adopter
and adoptee in stabilizing their filial relationship
 The period is at least six (6) months
 No supervised trial custody, no adoption be made
RESCISSION OF ADOPTION
 The nullification of the adoption
 Adoption shall not be subject to rescission by the
adopter

36. GROUNDS FOR RESCISSION OF
ADOPTION
 Repeated physical and verbal maltreatment by
the adopter despite having undergone counselling
 Attempt of the life of the adoptee
 Sexual assault or violence
 Abandonment and failure to comply with
parental obligations

37. RA 8043- INTER-COUNTRYADOPTION ACT
OF 1995
 Approved on 7 June of 1995
INTER-COUNTRY ADOPTION
 The socio-legal process of adopting a Filipino child by a foreigner or a Filipino
citizen permanently residing abroad where the petition is filed, the supervised
trial custody is undertaken and the decree of adoption is issued outside the
Philippines.
INTER-COUNTRY ADOPTION BOARD
 Act as the central authority in matters relating to inter-country adoption
 Shall act as the policy-making body for purposes of carrying out the provisions
of RA 8043, in consultation and coordination with the DSWD
 Headed by the Secretary of the DSWD as ex officio chairman and six (6)
members to be appointed by the President, with a term of office of six (6)
years.

38. WHO MAY ADOPT?
 Any alien or a Filipino citizen permanently residing abroad
 At least twenty-seven (27) years of age
 At least sixteen (16) years older than the adoptee unless the
adopter is the parent by nature of the adoptee or the spouse of
such parent
 Coming from a country with whom the Philippines has
diplomatic relations
 Possesses all the qualifications provided in other applicable
Philippine laws
WHO MAY BE ADOPTED?
 A Filipino child legally declared available for adoption whose age
is below fifteen (15) years old

39. WHERE TO FILE APPLICATION
 Shall be filed either with:
The Philippine Regional Trial Court; or
The Inter-Country Adoption Board, through an
intermediate agency in the Country of the
prospective adoptive parents
SUPERVISED TRIAL CUSTODY
 Shall be at least six (6) months

40. PROVISION OF LAW REPUBLIC ACT 8552 REPUBLICT ACT 8043
Title Domestic Adoption Act of
1998
Inter-Country Adoption act
of 1995
Date of approval 25 February 1998 7 June1995
Subject Matter Adoption involving Filipino
parents or foreigners
residing in the Philippines as
adopters and Filipino
children as adoptees, who
will reside in the Philippines.
Adoption involving
foreigners or Filipinos
residing abroad as adopters
and Filipino children as
adoptees, who will reside
outside the Philippines
Age requirement for
adopters
Adopters must be of legal
age and at least sixteen (16)
years older than the adoptee;
If the adopter is a foreigner,
he must have been residing
for at least three (3)
consecutive years
Adopters must be at least
twenty-seven (27) years old
and at least sixteen (16)
years older than the adoptee

41. Age requirement for
adoptees
Adoptees must be below
eighteen (18) years old
Adoptees must be below
fifteen (15) years old
Other requirements for the
adopters
1) Has not been convicted
of any crime
2) Emotionally and
psychologically capable
of caring for children
3) In a position ton support
and care for his/her
children in keeping with
the means of the family;
4) For foreigners residing in
the Philippines, his/her
country of origin must
have diplomatic relations
with the Philippines
1) Must possess all the
qualifications and none
of the disqualifications
provided under
Philippines laws;
2) Eligible to adopt under
his or her national law
Supervised trial custody At least six months At least six months

42. IMPORTANT PROVISIONS OF RA 9523
RA 9523- the law giving DSWD the sole
authority to issue the certification declaring a
child legally available for adoption
Amended provisions of RA 8552 and RA 8043
Approved on 12 March 2009

43. IMPORTANT PROVISIONS OF RA 7610
RA 7610- SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND DESCRIMINATION
ACT
 Approved on 17 June1992
 This law also commonly referred to as the Anti- Child Abuse Act
RA 7658- AMENDATORY LAW TO RA 7610
 Approved on 9 November 1993
 This law amended the provisions of RA 7610 regarding working
children
 This law was further amended by RA 9231

44. CHILD ABUSE
 Refers to maltreatment, whether habitual or not, of the child
FORMS OF CHILD ABUSE
CRUELTY
 Refers to any word or deed which debases, degrades or demeans
the intrinsic worth and dignity of the child as human being
PHYSICAL INJURY
 Includes but is not limited to lacerations, fractured bones, burns,
internal injuries, severe anxiety, depression, withdrawal or
outward aggressive behavior
NEGLECT
 Means failure to provide, for reasons other than poverty, the basic
needs of the child, such as food, clothing, medical care, shelter
and basic education

45. SEXUALABUSE
 Includes the employment, use, inducement or coercion of a child to engage in
the sexual intercourse or lascivious conduct; the molestation, prostitution and
or incest with children.
CHILD PROSTITUTION
 Exploitation of children, whether male or female, by coercing them into
indulging in sexual intercourse or lascivious conduct for money, profit or any
other consideration
 Those who engage in or promote, facilitate or induce child prostitution,
such as:
 Those who commit the act of sexual intercourse or lascivious conduct with
a child exploited in child prostitutions , such as:
 Clients of child prostitutes
 Those who derive profit or advantage there from, such as
 Managers or owners of the establishments where the prostitutions
takes place

46. OBSCENE PUBLICATIONS AND INDECENT
SHOWS
 The use, hiring, employment and coercing of children as performers, actors or
models for obscene exhibitions and indecent shows, whether live or in video,
or in printed pornographic materials.
CHILDREN AS ZONE S OF PEACE
 Children shall not be the object of attack in situations of armed conflict
 They shall be protected from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment
 Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units, nor be allowed to take part in the fighting, or
used as guides, couriers or spies
 Children shall be given priority during evacuation as a result of armed conflict

47. IMPORTANT PROVISIONS OF RA 9208
RA 9208- ANTI-TRAFFICKING IN PERSONS ACT OF 2003
 Approved on 26 May 2003
TRAFFICKING IN PERSONS
 The recruitment, transportation, transfer or harboring, or receipt of persons
with or without the victim’s consent or knowledge within or across national
borders by means of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or prostitution, taking advantage
of the vulnerably of the person, or giving or receiving of payments or benefits
to achieve the consent of a person for the purpose of exploitation which
includes at a minimum, the exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs
 The recruitment, transportation, transfer, harboring or receipt of a child for the
purpose of exploitation shall also be considered as “trafficking in person” even
if it does not involve any of the means set forth in the preceding paragraph.

48. QUALIFIED TRAFFICKING IN PERSON
(RIC)
 When the trafficked person is a child;
 When the adoption is effected through RA 8043 “Inter-
Country Adoption Law” and said adoption is for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude
or debt bondage.
 When the offender is an ascendants, parent, sibling,
guardian or a person who exercised authority over the
trafficked person or when the offense is committed by a
public officer or employee

49. FORCED LABOR AND SLAVERY
 Refers to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force
coercion, including deprivation of freedom, abuse of authority or
moral ascendancy, debt-bondage or deception
SEX TOURISM
 Refers to a program organized by travel and tourism related
establishments and individuals which consist of tourism packages
or activities, utilizing and offering escort and sexual services as
enticement for tourists.

50. PORNOGRAPHY
 Refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by
whatever means, of a person engaged in real or simulated explicit
sexual activities or any representation of the sexual parts of a
person for primarily sexual purposes.
DEBT BONDAGE
 Refers to pledging by the debtor of his personal services or labor
or those of a person under his or her control as security or
payment for debt, when the length and nature of services are not
clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of debt

51. IMPORTANT PROVISIONS OF RA 9231
 RA 9231- THE LAW PROHIBITING THE
WORST FORMS OF CHILD LABOR
Amendatory law to RA 7610 and RA 7658
regarding working children
Approved on 19 December 2003

52. Children below fifteen (15) years of age shall not be employed,
except:
 When a child works directly under sole responsibility of his
parents or legal guardian and where only members of the
employer’s family are employed
 Where a child’s employment or participation in public
entertainment or information through cinema, theatre, radio or
television is essential, with the approval of the Department of
Labor and Employment (DOLE)
 It is the duty of the employer to submit to the DOLE a report of
all children employed by him.
 If a domestic is under sixteen (16) years of age, the head of the
family shall give him or her an opportunity to complete at least
elementary education, the cost of which shall be a part of the
domestic’s compensation.

53. WORK PERMIT OF WORKING
CHILDREN
 It shall be the duty of the employer to secure permit from the
DOLE of working children employed by him.
EMPLOYMENT CONTRACT OF
WORKING CHILDREN
 The contract shall be signed by the working child’s parent or
legal guardian, with the express agreement of the child

54. Working hours
If the child is under 15:
 Many work for maximum of hour (4) hours a day, twenty (20)
hours a week
 May work between six o’clock in the morning to eight o’clock in
the evening (6am to 8pm)
If the child is 15 but under 18:
 May work for a maximum of eight (8) hours a day, forty (40)
hours a week
 May work between six o’clock in the morning to ten o’clock in
the evening (6am to 10 pm)
TRUST FUND- At least 30% of the earnings.
USE OF CHILD’S INCOME- not more than 20%may be used for
the collective family needs

55. PROHIBITION ON THE EMPLOYMENT OF
CHILDREN IN CERTAIN
ADVERTISEMENTS
 No child shall be employed as a model in any
advertisements directly or indirectly promoting the
following:
Alcoholic beverages
Intoxicating drinks
Tobacco and cigarettes
Gambling
Any form of violence or pornography

56. IMPORTANT PROVISIONS OF RA 9262
RA 9262- ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
 APPROVED ON 8 MARCH 2004
VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN
 Refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a
woman with whom the person has or had sexual or dating
relations, or with whom he has a common child, or against her
child, whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty

57. PHYSICAL VIOLENCE
 Refers to acts that include bodily or physical harm
SEXUAL VIOLENCE
 Refers to an act which is sexual in nature, committed against a
woman or her child
PSYCHOLOGICAL VIOLENCE
 Refers to acts omissions causing or likely to cause mental or
emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property, public
ridicule or humiliation, and repeated verbal abuse
ECONOMIC ABUSE
 Refers to acts that make or attempt to make a woman financially
dependent

58. BATTERY
 Refers to an act of inflicting physical harm upon the
woman or her child resulting to the physical and
psychological or emotional distress
STALKING
 Refers to an intentional act committed by a person who
knowingly and without lawful justification follows the
woman or her child under surveillance directly or
indirectly.

59. PHILIPPINE JUVENILE JUSTICE SYSTEM
RA 9344- THE JUVENILE JUSTICE AND WELFARE ACT OF 2006
 Approved on 28 April 2006
 Effectivity 20 May 2006
 Repealed the provisions of the Revised Penal Code and Presidential Decree
No. 603 on minor offenders
IMPORTANT TERMS INTRODUCED BY RA
9344
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, re-integration and aftercare to
ensure their normal growth and development

60. Restorative Justice
 Refers to the principle which requires a process of resolving
conflicts with the maximum involvement of the victim, the
offender and the community; seeks to obtain reparation and the
community and reassurance to the offender that he or she can be
reintegrated into society.
Child At Risk
 Refers to a child who vulnerable to and at the risk of committing
criminal offenses because of personal, family and social
circumstances
Child In Conflict with the Law
 Refers to a child who is alleged as, accused of, or adjudged as ,
having committed an offense under Philippine laws

61. Initial Contact with the Child
 Refers to the apprehension or taking into custody of a
child with the law enforcement officers or private
citizens.
Intervention
 Refers to a series of activities which are designed to
address that caused the child to commit an offense.
 May take the form of an individualized treatment
program which include counselling, skills training,
education, and other activities that will enhance his or
her psychological, emotional and psycho-social well-
being

62. 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 or her social,
cultural, economic, psychological or educational
background without resorting to formal court
proceedings.
Diversion Program
 Refers to the program that the child in conflict with the
law is required to undergo after he or she is found
responsible for an offense without resorting to formal
court proceedings

63. Youth Detention Program
 Refers to a 24-houir child-caring institution managed by
accredited local government units and licensed and/or accredited
non-governmental organizations providing short-term residential
care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or
jurisdiction
Youth Rehabilitation Center
 Refers to a 24-hour residential care facility managed by the
DSWD, local government units, licensed or accredited non-
governmental organizations monitored by the DSWD, which
provides care, treatment and rehabilitation services for children in
conflict with the law

64.  “Community-based Program”- refers to the programs
provided in a community setting developed for purposes
of intervention and diversion, as well as rehabilitation of
the child in conflict with the law, for reintegration into
his/her family and/or community
 “Court”- refers to a family court, in places where there
are no family courts, any regional trial court.
 “Deprivation of Liberty”- refers to any form of
detention or imprisonment, or to the placement of a
child in conflict with the law in a public or private
custodial settings, from which the child in conflict with
the law is not permitted to leave at will by order of any
judicial or administrative authority.

65. RIGHTS OF THE CHILD IN CONFLICT
WITH THE LAW
 The right not to be imposed a sentence of capital punishment or
life imprisonment.
 The right to be detained or imprisoned as a disposition of last
resort, which shall be for the shortest appropriate period of time
 The right to be separated from adult offenders at all times: during
detention, while being transported to and from the court and
while waiting for the hearing
 The right to be detained only with other detainees of the same
sex, if detention is necessary.

66.  The right to be searched only by a law enforcement officer of the
same gender
 The right not to be handcuffed, when such is not necessary
 The right to have his parents or guardians presents
 The right to diversion if he or she is qualified and voluntarily
avails of the same
 The right to AUTOMATIC SUSPENSION OF SENTENCE
 The right to probation as an alternative to imprisonment, if
qualified under the Probation Law
 The right to have the records and proceedings involving him be
considered PRIVILEGED AND CONFIDENTIAL

67. 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,
but shall undergo INTERVENTION PROGRAM.
 A child ABOVE FIFTEEN(15) YEARS OF AGE BUT BELOW EIGHTEEN
(18) YEARS OF AGE shall likewise be EXEMPT from CRIMINAL
LIABILITY, if he or she acted WITHOUT DISCERNMENT, but he shall
undergo INTERVENTION PROGRAM
 However, they are exempted only from criminal liability and not from civil
liability
 A child ABOVE FIFTEEN (15) years of age but below eighteen (18) years of
age who acted with discernment shall be subjected to the DIVERSION
PROCEEDINGS and shall undergo DIVERSION PROGRAM, if qualified
 A child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN
(18)YEARS OF AGE who acted WITH DISCERNMENT and who is NOT
QUALIFIED for DIVERSION, shall be PROSECUTED

68. Treatment of child below the age of
criminal responsibility
 It shall be the duty of the law enforcement officer to determine
the age of the child apprehended
 If the child apprehended is FIFTEEN (15) YEARS OLD OR
BELOW, the law enforcement officer MUST RELEASE THE
CHILD TO THE CUSTODY OF HIS OR HER PARENTS OR
GUARDIANS, OR THE CHILD’S NEAREST RELATIVE
 It shall also be the duty of the law enforcement officer to give
notice to the local social welfare and development officer as to
the apprehension of the child in conflict with the law

69. COMPREHENSIVE JUVENILE
INTERVENTION PROGRAM
 Shall be instituted in local government units from the barangay to the
provincial levels
 Shall include community-based programs on juvenile justice and
welfare
COMMUNITY-BASED PROGRAMS ON
JUVENILE JUSTICE AND WELFARE
 Shall be instituted by the local government units through the
school, youth organizations, and other concerned agencies
 Shall respond to the special needs, problems, interests and
concerns of children and which offer appropriate counselling and
guidance to them and their families

70. SYSTEM OF DIVERSION
 Children in conflict with the law shall undergo diversion
proceedings subject to the following conditions
 The imposable penalty for the crime committed is NOT
MORE THAN SIX (6) YEARS IMPRISONMENT
 IN VICTIMLESS CRIMES, THE IMPOSABLE PENALTY
IS not more than (6) years imprisonment
 In cases where the imposable penalty exceeds six (6) years,
diversion measures may be resorted to only by the court
 The diversion proceedings shall be completed within
FORTY-FIVE (45) DAYS

71. CONTRACT OF DIVERSION
 Shall be prepared if the child:
 Is qualified for diversion; and
 Voluntarily admits the commission of the act and the parents or
guardian of the child and the child himself agrees to the diversion
program
 It must be signed by the child’s parents or guardian and the
authorities concerned
PROSECUTION
 A child in conflict with the law shall undergo
PROSECUTION if:
 He is not qualified for diversion
 He is qualified for diversion but he or hisparents or
gusardian does not agree to diversion
 Diversion is not appropriate for the child in conflict with
the law, based on the social worker’s recommendations

72. CONDUCT OF PRELIMINARY
INVESTIGATION
 There shall be a specially-trained prosecutor to conduct inquest, preliminary
investigation and prosecution of cases involving children in conflict with the
law.
 The information against the child shall be filed before the Family Court within
FORTY-FIVE DAYS from the start of the preliminary investigation.
COURT PROCEEDINGS
 During trial, the court shall order:
 The release of the child in recognizance to his or her parents and other suitable
persons
 The release of the child on bail
 If the child is to be detained, the transfer of the child to a youth detention home
 Detention of the child shall be ordered only as a last resort

73. AUTOMATIC SUSPENSION OF SENTENCE
 IF THE CHILD IN CONFLICT WITH THE LAW IS
FOUND GUILTY OF THE OFFENSE CHARGED,
THE COURT SHALL PLACE THE CHILD UNDER
SUSPENDED SENTENCE, WITHOUT NEED OF
APPLICATION
 The automatic suspension of sentence may be extended
until the child reaches the maximum age of TWENTY-
ONE (21) YUEARS OLD
 The court shall order the detention of the child in a
youth rehabilitation center where he shall undergo the
appropriate disposition measures

74. DISCHARGE OF THE CHILD IN
CONFLICT WITH THE LAW
 Upon the recommendation of the social worker who has custody
of the child, the court shall dismiss then case against the child if
the court finds that the disposition measures have been fulfilled
RETURN OF THE CHILD IN
CONFLICT WITH THE LAW TO
COURT
 If the court finds that the objective of the disposition measures
imposed upon the child have not been fulfilled, or if the child has
willfully failed to comply with the conditions of his or her
rehabilitation program, the child shall be returned to court for the
execution of judgement

75. PROBATION
 A child in conflict with the law whose sentence was executed by
the court upon reaching the maximum age of TWENTY-ONE
(21) shall be entitled to the benefits of probation under PD968,
the Probation law of 1976
OFFENSES NOT APPLICABLE TO
CHILDREN
 Persons below eighteen (18) years old shall be exempted from
prosecution for the following crimes:
 Vagrancy and prostitution under the Revised Penal Code
 Anti- Mendicancy under PD 1563
 Sniffing of rugby PD 1619

76. IMPORTANT PROVISIONS OF RA 9775
REPUBLIC ACT 9775- the ANTI-CHILD
PORNOGRAPHY ACT OF 2009
 Approved on 17 November 2009
 The law that amended the provisions of RA 7610 on the
obscene publications and indecent shows
 It aims to protect every child from all forms of
exploitation and abuse through the use of a child in
pornographic performances and materials and the
inducement or coercion of a child to engage or to be
involved in pornography

77. CHILD PORNOGRAPHY
 Refers to any representation, whether visual, audio or
written combination thereof, by electronic, mechanical,
digital, optical, magnetic or any other means, of child
engaged or involved in real or simulated explicit sexual
activities.
SYNDICATED CHILD PORNOGRAPHY
 Committed if carried out by a group of three (3) or more
persons conspiring or confederating with one another

78. EXPLICIT SEXUALACTIVITIES
Refers to any of the following acts, whether actual or
simulated:
 Sexual intercourse, whether with the same sex or
opposite sex;
 Bestiality
 Masturbation;
 Sadistic or masochistic abuse;
 Lascivious exhibition of the genitals, buttocks, breasts,
pubic area and/or anus; or
 Use of any object or instrument for lascivious acts

79. PD 603
 Title: The Child and Youth Welfare Code
 Approved: December 10, 1974
 Effectivity: June 10, 1975 (six months upon approval)
Applicability: Applies to all persons below 18 years of age (R.A.
6809) except those emancipated in accordance with law
Art. 2- Declaration of Principles and State Policies, Section 12
 recognizing the sanctity of the family life and protecting and
strengthening the family as a basic autonomous social institution;
 Equally protecting the life of the mother and the unborn from
conception; and
 Recognizing the rights and duty of the parents in rearing the
youth

80. RIGHTS OF THE CHILD
 All children shall be entitled to the rights herein set forth without
distinction as a legitimacy or illegitimacy, sex, social status,
religious affiliation, political antecedents, and other factors.
 The right to be born well, with the dignity and worth of a human
being from the moment of his conception.
 The right of a wholesome family life that will provide him with of
love, care, and understanding, guidance and counselling, and
moral and material security.
 The rights to a well-rounded of his personality, to the end that he
may become a happy, useful and active member of the society

81. JURISDICTION OF FAMILY COURTS
The Family Courts shall have exclusive original jurisdiction to
hear and decide the following cases:
1) Criminal cases where one or more of the accused is below
eighteen years of age;
2) Petitions for guardianship and custody of children;
3) Petitions for adoption of children and the revocation thereof;
4) Complaints for annulment of marriage, declaration of nullity of
marriage and those relating to marital status and property
relations of husband and wife
5) Petitions for support
6) Cases against minors cognizable under the Comprehensive
Dangerous drugs Act of 2002
7) Violation of RA 7610;
8) Cases of domestic violence against women and children.

82. Child in conflict with the law
15 YEARS OLD
BELOW
INTERVENTION
OVER 15 BUT
UNDER 18, ACTED
WITHOUT
DISCERNMENT
OVER 15 BUT
UNDER 18, ACTED
WITH
DISCERNMENT
DIVERSION, IF
QUALIFIED
PROSECUTION, IF
DISQUALIFIED
FROM DIVERSION

83. CICL IS OVER 15 BUT UNDER 18,
ACTED WITH DISCERNMENT
DIVERSION PROCEEDINGS
IF CICL IS QUALIFIED, DIVERSION
PROGRAM
IF CICLIS DISQUALIFIED,
PROSECUTION
PRELIMINARY INVESTIGATION
IS CONDUCTED
INFORMATION IS FILED IN FAMILY
COURT
CONDUCT OF TRIAL

84. CONDUCT OF TRIAL
CICL IS FOUND NOT
GUILTY, HE IS
DISCHARGED
CICL HAS NO CRIMINAL
RECORD
CICL IS FOUND GUILTY,
HIS SENTENCER IS
SUSPENDED
CICL IS DETAINED AT THE YOUTH
REHABILATATION CENTER UNTIL
MAXIMUM AGE OF 21
DEEMED REHABILITATION, HE
IS DISCHARGED
CICL HAS NO CRIMINAL
RECORD
DEEMED NOT REHABILATATED, ORIGINAL
SENTENCE IS EXECUTED
CICL IS TRANSFERRED TO AN
AGRICYULTURAL PENAL FARM
CICL HAS CRIMINAL RECORD