Juvenile Delinquency

Juvenile Delinquency
& Juvenile Justice

Table of Specification
✘ Define and distinguish the nature, extent, and theories of juvenile
delinquency.
✘ Identify and explain the factors and causes of juvenile delinquency.
✘ Define and enumerate parental rights, responsibility, and disciplinary
authority over their children.
✘ Distinguish and explain the Rights, Welfare, and Protection of
Children under applicable laws.
✘ Enumerate and identify Juvenile Delinquency Prevention Programs.
✘ Identify and compare Models of Juvenile Justice System.
✘ Learn and apply the provisions of R.A. 9344 as amended and other
relevant and applicable laws and UN declarations.
2
JUVENILE
✘ a child or a young person, who, under the legal system
may be dealt with for an offense in a manner different
from that of an adult
✘ persons below the age of majority, that is, below

eighteen years old
3
DELINQUENCY
✘ 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)
4
Delinquent
✘ one whose behavior has brought him into repeated conflict
with the law regardless whether he has been taken before a
court and adjudged a delinquent
✘ one who has committed an offense that violated the

approved norms of conduct and is guilty of a misdeed
5
STAGES OF DELINQUENCY
1. Emergence. The child begins with petty larceny
between 8 and sometime during the 12th year.
2. Exploration. He or she then may move on to
shoplifting and vandalism between ages 12 to 14.
3. Explosion. at age 13, there is a substantial
increase in variety and seriousness.
4. Conflagration. at around 15, four or more types
of crime are added.
6
CLASSIFICATION OF DELINQUENCY
1. Unsocialized Aggression – children who are
rejected or abandoned, no parents to imitate
and become aggressive.
2. Socialized Delinquency – membership is
fraternities or groups that advocate bad things
3. Over-inhibited – group who secretly trained
children to do illegal activities such as planting
marijuana or industries making illegal weapons
and guns.
7
PATHWAY TO DELINQUENCY
1. Authority-conflict pathway – children at young or
early age begin to show stubborn behavior. This leads
to defiance and later on may result in avoidance to
authority.
2. Covert Pathway – it begins with minor, deceitful
behavior that leads to property damage. This will
escalate to more serious forms of criminality such as
violence.
3. Overt Pathway – it will start with minor aggression,
physical fighting and then to violence.
8
TYPES OF DELINQUENCY YOUTH
1. Socialized Delinquent – youths who became delinquent as a result of
their social association with people from whom they learned deviant
values.
2. Neurotic Delinquents - youths who became delinquents as a result of
distortions in their personality and perception of the world around them.
They may commit delinquent’s acts because of insecurities of their
masculinity. Examples are youths who are kleptomaniacs, shoplifters and
pyromaniacs.
3. Psychotic Delinquents – youths with severe personality disturbance of
their perception of the society and people around them. Their distorted
view of reality and their delusional thoughts may compel them to commit
weird acts that violate the law. They are most likely to commit violent
crimes including murder.
4. Sociopathic Delinquents – youths that are characterized by an
9
egocentric personality. They have limited or no compassion for others.
Other classification of delinquents
5. Environmental delinquents – they are
occasional law breakers.
6. Emotionally maladjusted delinquents – they
are chronic lawbreakers who make law
breaking a habit they cannot avoid or escape.
7. Psychiatric delinquents – they are youths
who became delinquents due to mental illness
or serious emotional disturbances in the family.
10
8. Occasional delinquents – these delinquents participate in
the group. They do what others are doing.
9. Maladjusted delinquents – the activity stems from
personality disturbance rather than gang activities or slum
residence. They have “weak ego” and “asocial” experienced
early and severe parental rejection. They are disorderly,
confused and not dependable with pathological
disturbances.
10. Gang delinquents – they generally commit the most
serious infractions, most often sent to a correctional
institution and most often continuous in a pattern of semi-
11
professional criminal behavior as adults.
Status Offense
A. Section 11. Section 57 of Republic Act No. 9344 was
amended
B. Any conduct not considered an offense or not
penalized if committed by an adult shall not be
considered an offense and shall not be punished if
committed by a child."
C. No penalty shall be imposed on children for said
violations, and they shall instead be brought to their
residence or to any barangay official at the barangay
hall to be released to the custody of their parents.
D. The child shall also be recorded as a ‘child at risk’ and
12
not as a ‘child in conflict with the law’.
Anti Social Behavior
characterized by disobedience to,

or disrespect for, authorities
13
PARENS PATRIAE
✘ 19th century idea first articulated in Prince v. Massachusetts
(1944).
✘ the doctrine that does not consider delinquent acts 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 violate 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
14
Contributory Factors in
Juvenile Delinquency
15
AGENTS OF SOCIALIZATION
✘ FAMILY – the most important agent in
socialization. It plays an important role and has
a special responsibility. It is 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 personality
have crucial undertakings. From the family the
child is given care, emotional support, medical
attention, shelter, education and other basic
support needs. 16
✘ SCHOOL – is a formal agent of socialization.
Children weaned from home are then
introduced into the society. It is in the school
where emotional and intellectual growths are
formally forged. Here they learn the basic
formal instruction in the 5Rs of education
which are Reading, wRiting, aRithmetic,
Rational thinking and Right conduct.
17
✘ PEERS – it is an informal grouping of two or more
individuals, about the same ages, neighborhoods,
school or friends. This is the group where the
parents have no control. Considering that they
belong to about the same age level, they have
their own culture and language distinct to them. A
strong sense of camaraderie or belongingness
pervades their relationship. The depth of this
relationship is expressed in the values of
pakikisama, damayan or utang na loob.
18
✘ Mass media – it may be a form of print,
broadcast, or electronic. Thus, almost
everyone could be reached and influenced
due to its tri-media system. As a socializing
agent, it is 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.
19
✘inReligion – is an agent of socialization that can assist
giving a society a sense of direction. Morals and
values which are inherent in religion can give guidance
about what is appropriate in terms of roles and
behaviors of the society or individual. It is taught in
religion for instance, honor your father and mother,
and likewise concretely expressed in the family by way
of mano po and the similar ways of showing respect in
school to our teachers who are acting as parents in
school.
20
FAMILY
Functions of Family
1. Reproduction – the family is the prerequisite for the survival of
a society to replace one generation to the next.
2. Security – the family serves as the protector for all its members
3. Socialization – the family is the social institution that is
responsible for the early development of an individual’s
personality.
4. Assignment Status – the family is the initial ascribed status is
fixed which includes their ethnic and racial status, religious
status and also their class status.
5. Emotional support – home sweet home, for there the heart can
21
rest.
FAMILY
Family Structures
1. Nuclear Family – this refers to a family consisting of a father, mother and
children.
2. Extended Family – this refers to a family consisting of several
generations of blood relatives. This consists of two nuclear families.
3. Joint Family – this refers to married children with their spouses and
children living in one residence.
4. Household – consist of individuals that may or may not be related to each
other. They have the same residence and share in domestic functions.
5. Truncated Family – this refers to grandparents and grandchildren
relationships.
6. Stem Family – this refers to a family formed by two families-the families
do not share the same residence 22but their houses may be located in the
same area.
FAMILY
Models of Family
● Corporate Model
○ The father is the chief executive officer in
the family. 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.
23
FAMILY
Models of Family
● Team Model
○ The father is the head and the mother is the
chief of the training table and cheerleader. 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. 24
FAMILY
Models of Family
○ Boarding School Model
■ The father is the rector or head master, is in
charge of the training school, mind and bodies.
The mother is the dorm counselor who oversees
the realm of emotion, illness, good works and
bedwetting. The children are the dutiful students.
The parents have nothing left to learn, but they are
taught and tested.
25
FAMILY
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.
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.
26
FAMILY
“Article 320 of the Civil Code: the father, or
in his absence the mother, is the legal
administrator of the property pertaining to
the child under parental authority. If the
property is worth more than two thousand
pesos, the father or mother shall give a bond
subject to the approval of the Court of First
Instance”.
27
FAMILY
Criminal Liability shall be attached to any parent who:
1. Conceals or abandons the child with intent to make such child
lose his civil status.
2. Abandons the child under such circumstances as to deprive
him of the love, care and protection he needs.
3. Sells or abandons the child to another person for valuable
consideration.
4. Neglects the child by not giving him the education which the
family’s station in life and financial conditions permit.
5. Fails or refuses, without justifiable grounds, to enroll the child.
28
FAMILY
1. Causes, abates, or permits the truancy of the child from the school
where he is enrolled. Truancy, as here used means absence without
cause, for more than twenty school days, not necessarily
consecutive. It shall be the duty of the teacher in charge to report to
the parents the absences of the child the moment these exceed five
school days.
2. 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.
3. Inflicts cruel and unusual punishment upon the child or deliberately
subjects him to indignations and other excessive chastisement that
humiliates him.
29
FAMILY
1. Causes or encourages the child to lead an immoral
or dissolute life.
2. Permits the child to possess, handle or carry a
deadly weapon, regardless of its ownership.
3. 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. 30
FAMILY
Family Rejection
According to John Bowlby, a British psychologist, even a
short absence on the part of the mother could have deleterious
effects on the psychic well-being of a child. A child who is
deprived of his mother goes through three phases:
1. Protest – cries and screams for mother, shows panic, clings
when she visits, and howls when she leaves.
2. Despair – after a few days, the child becomes withdrawn,
sucks thumb.
3. Detachment – loses interest in parents and is not
concerned whether they are there or not.
31
PARENTING STYLE
AUTHORITATIVE PARENTS – They are warm but firm. They set
standards for the child’s conduct but form expectations consistent
with the child’s developing needs and capabilities. Authoritative
parents deal with their child in a rational, issue-oriented manner,
engage in discussion and explanation with their children over rules
and discipline.
AUTHORITARIAN PARENTS – They place a high value of

obedience and conformity tending to favor more punitive, absolute
and forceful disciplinary measures. These parents are not responsive
to their children and show little warmth and support. Parents tend to
discourage independent behaviors of children; instead, they place
32
importance on restricting the child’s dependence.
PARENTING STYLE
INDULGENT PARENTS – They behave in responsive, accepting, benign
or kind, and more passive ways in matters of discipline. They place
relatively few demands on their child’s behavior, giving the child a high
degree of freedom to act as he or she wishes. These parents believe that
control is an infringement or violation on the child’s freedom that they
may interfere with healthy development.
INDIFFERENT PARENTS – They are fairly unresponsive to their child

and try to minimize the time and energy they must devote to interacting
with the child or responding to their child’s demands. They know little
about their child’s activities and whereabouts, show little interest in their
child’s experiences at school or in his or her friends, and rarely consider
the child’s opinion when making decisions.
33
2 GENERAL VIEWS CONCERNING FAM AND DELINQUENCY
1. The Alarmist View – this is the belief that the family is in a very serious
condition; it is in critical condition and is getting progressively worse.
Alarmists believe in the myth of a declining family.
Five Trends indicating that the Family is declining

A. Marriage is something that fewer and fewer people want.
B. Being a homemaker (housewife) is something that fewer and
fewer women want.
C. Fewer and fewer people want a large number of children.
D. Sacrifice and self-denial are things that fewer and fewer people
are willing to practice.
E. Hedonism and self-denial are things that more and more people
are pursuing. Hedonism is a cultural norm which pursues or
seeks only pleasure and gratification.
34
1. The Alarmist View
Arguments/Philosophy of Alarmist:
A. The trends on family mean that the family is weakening.
B. The family is the one institution that holds the society together.
C. If the family loses its influence, children will not get the guidance they
need.
D. Children will eventually grow-up wild, unsocialized and disruptive.
Proposal of Alarmists:
A. The family should revert to the traditional form
B. Parents should provide role models, authority and supervision.
If the preceding conditions are not satisfied, children might turn to:
1. Drugs
2. Sexual experimentation 35
2. Reassuring View – this view contradicts the belief of
the declining family.
Arguments:
A. Today’s family is alive and well, vital, and still the
primary in raising the nation’s young.
B. Declining family conditions is just a natural
consequence when the society is undergoing
modernization.
C. The family condition would eventually improve as
soon as the society’s economy stabilizes.
36
DIFF KINDS OF CHILDREN
1. Legitimate Children
● Children conceived or born during the marriage of the
parents are legitimate. Children conceived as a result of
artificial insemination of the wife with the sperm of the
husband or that of a donor or both are likewise
legitimate children of the husband and his wife,
provided, that both of them authorized or ratified such
insemination in a written instrument executed and
signed by them before the birth of the child.
● Further, the instrument shall be recorded in the civil
registry together with the birth certificate of the child (Art.
37
164, FC).
Rights of Legitimate Children are:
● To bear the surnames of the father and the
mother, in conformity with the provisions of the
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
Coe on Support; and
● To be entitled to the legitimate and other
successional right (legitime) granted to them by
the Civil Code (Art. 174
38 FC)
Legitimacy of a child may be impugned only on the following
grounds:
That is was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days
which is immediately preceded the birth of the child because of:
a. The physical incapacity of the husband to have
sexual intercourse with his wife;
b. The fact that the husband and wife were living
separately in such a way that sexual intercourse
was not possible or
c. Serious illness of the husband, which absolutely
prevented sexual intercourse;
39
That is proved 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 Article 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).
40
If the marriage is terminated and the mother contracted another
marriage within (300) three hundred days after such termination of the
former marriage, these rules shall govern in the absence of proof to the
contrary:
1. A child born before (180) one hundred eighty days after the
solemnization of the subsequent marriage is considered to have
been conceived during the former marriage, provided it be born
within three hundred days after the termination of the former
marriage;
2. A child born after (180) one hundred eighty days following the
celebration of the subsequent marriage is considered to have been
conceived during such marriage, even though it be born within the
three hundred days after the termination of the former marriage (Art.
168, FC). 41
Illegitimate Children
● Children conceived and born outside a
valid marriage are illegitimate, unless
otherwise provided by Family Code (Art.
165, FC).
42
Legitimated Children
● Only children conceived and born outside of the
wedlock of 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 legitimated children (Arts. 177-178,
43
FC).
Adopted Children
● Adoption may be defined as the juridical
act which creates between 2 (two)
persons a relationship similar to that
which results from legitimate paternity
and filiation (Arts. 183-193, FC).
44
PARENTAL AUTHORITY
Parental Authority
● refers to parents’ rights and
responsibilities toward their children from
the minute they are born until they turn 18.
Under their parental authority, parents make
decisions that affect their children’s well-
being. This is also known as Patria Potestas.
45
Instances of deviant conduct attributed to school inadequacy
✘ failure of teachers to detect and address problems of children and report
such problems to the parents
✘ poor academic atmosphere
✘ membership in school gangs or development of friendships with the
wrong crowd
✘ lack of facilities for curricular and extracurricular activities
✘ failure of teachers in character development of the students
✘ failure to actually finish school, resulting to being out-of-school youths
with a lot of time to waste and do unproductive activities
✘ failure to get gainful employment due to lack of sufficient education
46
ENVIRONMENT
the culture, norms and behavior of the child’s
surroundings may very 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
47
ENVIRONMENT
Some of the behavior modification by means of imitation
as brought about by environmental influence:
✘ rampant drug addiction
✘ vices such 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
48
HISTORY OF JUVENILE JUSTICE
49
English System
POOR LAWS
In 1535, statutes which mandated the appointed
of oversees who placed destitute of neglected
children with families who then trained them in
agricultural, trade or domestic services,this
practice is called indenture
50
English System
CHANCERY COURTS
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 measure to put them to work,
these was placed in workhouses until their
adulthood
51
American System
The practice of indenture and chancery courts
in England were adopted by the states of
Virginia. Connecticut and Massachusetts.
however, those youths who committed serious
criminal offenses continued to be tried in the
same courts as adults
52
American System
Middle-class civic leaders, who referred to
themselves as CHILD SAVERS began to develop
organizations and groups to help alleviate the
burdens of the poor and immigrants by
sponsoring shelter care for youths,educational
and social activities and the development of
settlement houses; this was called the CHILD
53
American System
They are responsible for creating a number of
programs for indigent youths, including the New
York House of Refuge, a reformatory, which
began operation in 1825.
54
American System
The first comprehensive juvenile court was
established in Illinois in 1899 through the
passage of the Illinois Juvenile Court Act of 1899
55
American System
Congress passed the JUVENILE AND
DELINQUENCY PREVENTION ACT OF 1974
56
Juvenile COURT
a court that has original jurisdiction
over persons defined by statute as
juveniles and alleged to be
delinquents or status offenders
57
58
UNITED NATIONS
3 CORE PRINCIPLES OF HUMAN RIGHTS
1. Dignity
2. Equality
3. Respect
Duty Bearers (Working for the Government)

● Police Officers
● Lawyers
● Teachers
● Social Workers 59
UNITED NATIONS
Rights Holders
● Under 18 years old
○ irrespective of sex, religion, race,
disability and citizenship
● Parents
○ Entitled to assistance from the state in
racing the children and to provide
advice and guidance.
60
UNITED NATIONS
RIGHTS OF THE CHILD UNDER
UNCRC
● 4 Important Articles
○ Non-discrimination
○ Best Interest of the Child
○ Life, Survival and Development
○ Views given due weight
61
UNITED NATIONS
● 5 Categories of the Rights
○ Civil Rights and Freedom
○ Family Environment and Alternative Care
○ Health and Welfare
○ Educatio, Leisure and Culture
○ Special Protection Measures
■ Emergency Situations
■ Justice Systems
■ Child Exploitation
■ Minority Groups 62
Development of Juvenile Justice in the Philippines
● PD 603 – Child and Youth Welfare Code
● RA 7610 – Anti-Child Abuse Law
● RA 7658 – Law prohibiting employment of below 15 years old
● RA 9231 – law amending RA 7610 on working children
● RA 9208 – Anti-Trafficking in Persons Act
● RA 9262 – Anti-Violence Against Women and their Children
● RA 9775 – Anti-Child Pornography Act
● RA 8552 – Domestic Adoption Law
● RA 8043 – Intercountry Adoption Law
● RA 9523 – Law amending RA 8552 and 8043
● RA 11222 – An Act Allowing the Rectification of Simulated Birth Records and
Prescribing Administrative Adoption Proceedings for the Purpose
● RA 11642 – Domestic Administrative Adoption and Alternative Child Care Act
● RA 9344 - Juvenile Justice and Welfare Act
● RA 10630 - An Act Strengthening the63Juvenile Justice System in the Philippines
● RA 11648 – Increasing the age for the Statutory Rape
Presidential Decree 603
✘ approved on 10 December 1974
✘ effectivity date is 10 June 1975 (six months after
approval)
✘ shall apply to persons under eighteen (18) years
of age
64
ART. 3, RIGHTS OF A CHILD
★ The right to be born well
★ Right to a wholesome family
★ Right to a well-rounded development
★ right to a balanced diet, adequate clothing
★ right to be brought up in an atmosphere of morality
★ right to an education
★ right to full opportunities for safe and wholesome recreation
★ The right to protection against exploitation
★ Right to live in a community
★ Right to the care, assistance, and protection of the state
65
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 of his care
and custody and is dependent upon the
public for support
66
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)
● a child who has no proper parental care or
guardianship, or whose parents has/have
deserted him/her for a period of at least three
(3) continuous months.
67
NEGLECTED - shall refer to a child whose
basic needs have been deliberately
unattended or inadequately attended
within a period of three (3) continuous
months.
68
MENTALLY-RETARDED
● socially incompetent, socially inadequate, occupationally
incompetent and unable to manage their own affairs
● mentally subnormal
● retarded intellectually from birth or early age
● retarded at maturity
● mentally deficient as a result of constitutional origin
through heredity or disease
● essentially incurable
69
MENTALLY-RETARDED
● socially incompetent, socially inadequate, occupationally
incompetent and unable to manage their own affairs
● mentally subnormal
● retarded intellectually from birth or early age
● retarded at maturity
● mentally deficient as a result of constitutional origin
through heredity or disease
● essentially incurable
70
PHYSICALLY-HANDICAPPED
● crippled, deaf-mute, blind and other conditions
which restrict their means of action or
communication with others
71
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
72
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
73
DISABLED
● includes mentally-retarded, physically-
handicapped, emotionally-disturbed and
mentally-ill children
74
Republic Act 7610
✘ SPECIAL PROTECTION OF CHILDREN AGAINST
CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION ACT
✘ approved on 17 June 1992
✘ This law is also commonly referred to as the Anti-
Child Abuse Act
75
abuse
refers to maltreatment, whether habitual or

not, of the child
76
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
77
PHYSICAL INJURY – includes but is
not limited to lacerations, fractured
bones, burns, internal injuries, severe
injuries, or serious bodily harm
suffered by a child
78
PSYCHOLOGICAL INJURY – means harm to a
child’ psychological or intellectual functioning
which may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive
behavior
79
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
80
SEXUAL ABUSE – includes the employment,
use, inducement or coercion of a child to
engage in sexual intercourse or lascivious
conduct; the molestation, prostitution and
or incest with children
81
RA 7610
Reporting
● A person who learns of facts or
circumstances that give rise to the belief that
a child has suffered abuse may report the
same, either orally or in writing, to the
Department (DSWD), to the police or other
law enforcement agency or to a Barangay
Council for the Protection of Children
82
RA 7610
Mandatory Reporting
● The head of any public or private
hospital, medical clinic and similar
institution
● Attending physician and nurse
● within forty-eight (48) hours from
knowledge of the same.
83
RA 7610
Investigation
● Not later than forty-eight (48) hours after receipt of a
report
● Department shall immediately proceed to the home
or establishment
● interview said child to determine whether an abuse
was committed
○ Identify the perpetrator
○ Removing the child from his home or the
establishment 84
RA 7610
Whenever practicable, the Department shall
conduct the interview jointly with the police
and/or a barangay official.
To minimize the number of interviews of the

child victim, his statement shall be
transcribed or recorded on voice or video
tape. 85
RA 7610
Who May File a Complaint
A. offended party;
B. parent or legal guardian;
C. ascendant or collateral relative of the child within the third
degree of consanguinity;
D. duly authorized officer or social worker of the Department;
E. officer, social worker or representative of a licensed child
caring institution;
F. Barangay Chairman; or
G. at least three (3) concerned responsible citizens of the
community where the abuse took place who have personal
knowledge of the offense committed.
86
RA 7610
Confidentiality of Identity of Victim
● At the request of the victim or his
representative, the name of the child
shall be withheld by the Department until
the court has acquired jurisdiction over
his case.
87
RA 7610
Speedy Trial of Child Abuse Cases
● The trial of child abuse cases shall take precedence
over all other cases before the courts, except
election and habeas corpus cases.
● The trial in said cases shall commence within three
(3) days from the date the accused is arraigned
● NO postponement of the initial hearing shall be
granted except on account of the illness of the
accused or other grounds beyond his control.
88
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 89
Child prostitutioN
WHO ARE CRIMINALLY LIABLE FOR CHILD PROSTITUTION?
1. those who engage in or promote, facilitate or induce child
prostitution, such as:
a. those acting as procurer of a child prostitute
b. parents, guardians, or relatives who knowingly allow or
coerce their children or ward into prostitution
2. those who commit the act of sexual intercourse or lascivious
conduct with a child exploited in child prostitution, such as:
clients of child prostitutes
3. those who derive profit or advantage there from, such as:
a. managers or owners of the establishment where the
prostitution takes place 90
Republic Act 7658
91
WORKING CHILD
Children below fifteen (15) years of age shall not be
employed except:
1. When a child works directly under the sole responsibility
of his parents or legal guardian and where only members
of the employer’s family are employed: Provided, however,
a. That his employment neither endangers his life, safety,
health and morals, nor impairs his normal development;
b. That the parent or legal guardian shall provide the said
minor child with the prescribed primary and/or secondary
education; or
92
WORKING CHILD
2. Where a child’s employment or participation in
public entertainment or information through
cinema, theater, radio or television is essential:
The employment contract is concluded by the
child’s parents or legal guardian, with the
express agreement of the child concerned, if
possible, and the approval of the Department of
Labor and Employment:
93
Republic Act 9231
● An Act Providing for the Elimination of the Worst
Forms of Child Labor and Affording Stronger
Protection for the Working Child, Amending for this
Purpose Republic Act No. 7610, as amended,
Otherwise Known as the Special Protection of
Children Against Child Abuse, Exploitation and
Discrimination Act
● Approved on December 9419, 2003
WORKING CHILD
An employer must first secure a work permit from the
Regional Office of the Department having jurisdiction over
the workplace of the child.
● When the child is below seven years old
○ Proof that the child is enrolled and regularly attending
elementary or secondary school classes, consisting of
certificate of enrolment for the current year or current
school identification or report card; or
○ If the child is not enrolled, a brief description of the
program for education, training and skills acquisition for the
child
○ A medical certificate issued
95 by a licensed physician
WORKING CHILD
The work permit shall state the period of its validity
based on the employment contract of the application
for work permit, as the case may be. However, the
period of validity shall in no case exceed one year.
The Contract must be signed by the following parties:

1. Parents
2. Working child (optional)
3. DOLE
4. Employer
96
WORKING CHILD
Working Child’s Income
1. Minimum of 80 percent will be for the
working child
2. Maximum of 20 percent will be for the
parents
3. Minimum of 30 percent will be alloted to a
trust fund for the child
97
WORKING CHILD
Hours of Work of a Working Child
1. For a child below 15 years of age, the hours of work shall
not be more than twenty (20) hours as week, provided
that the work shall not be more than four hours at any
given day;
a. NOT allowed to work between 8:00 pm and 6:00 am of
the following day
2. For a child 15 years of age, but below 18, the hours of
work shall not be more than eight hours a day, and in no
case beyond 40 hours a week
a. NOT allowed to work between 10:00 pm and 6:00am of
98
the following day.
Republic Act 9208
99
R.A. 9208
Qualified Trafficking in Persons
1. When the trafficked person is a child;
2. When the adoption is effected through Republic
Act No. 8043, otherwise known as the "Inter-
Country Adoption Act of 1995" and said adoption
is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
100
R.A. 9208
Mandatory Services to Trafficked Persons. - To ensure recovery,
rehabilitation and reintegration into the mainstream of society,
concerned government agencies shall make available the following
services to trafficked persons:
A. Emergency shelter or appropriate housing;
B. Counseling;
C. Free legal services which shall include information about the
victims' rights and the procedure for filing complaints, claiming
compensation and such other legal remedies available to them, in
a language understood by the trafficked person;
D. Medical or psychological services;
E. Livelihood and skills training; and
101
F. Educational assistance to a trafficked child.
R.A. 9208
Republic Act 10364
● Expanded Anti-Trafficking in Persons Act of 2012
● Approved on February 6, 2013
Forced labor
● Extraction of work or services from any person by means of
enticement, violence, intimidation or threat, or use of force or
coercion including deprivation of freedom, abuse of authority
or moral ascendancy, debt bondage, or deception including
any work or service extracted from any person under the
menace of penalty.
102
R.A. 9208
Debt bondage
● refers to the pledging by the debtor of his/ her personal services
or labor or those of a person under his/her control as security or
payment for a debt when the length and nature of services is not
clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.
Slavery
● status or condition of a person over whom any or all of the powers
attaching to the right of ownership are exercised.
103
R.A. 9208
Involuntary servitude
● refers to a condition of enforced and compulsory
service induced by means of any scheme, plan, or
pattern intended to cause a person to believe that if he
or she does not enter into or continue to be in such
condition, he or she or another person would suffer
serious harm or other forms of abuse or physical
restraint, threats of abuse or harm, coercion including
depriving access to travel documents and withholding
salaries, or the abuse or threatened abuse of the legal
104
process.
R.A. 9208
Where should incidents of trafficking in persons be reported?
Any person who has the personal knowledge on the trafficking
incidence can immediately report to any of the following:
● Barangay authorities;
● Nearest police or other law enforcement agencies;
● Local social welfare and development office;
● Any member agencies of the Inter-Agency Council Against
Trafficking (IACAT);
● Local anti-trafficking committee or task force;
● Local council for the protection of children; or
● 1343 Actionline against Human Trafficking.
105
R.A. 9208
Who can file cases for trafficking in persons?
The following persons may file cases of trafficking in
persons:
1. Any person, including a law enforcement officer,
who has personal knowledge of the commission of
the offense;
2. The trafficked person or the offended party;
3. Parents or legal guardians;
4. Spouse;
5. Siblings; or
106
6. Children.
R.A. 9208
What is the prescriptive period for filing of cases?
● Trafficking cases can be filed within 10 years after
they are committed.
● If trafficking is committed by a syndicate or on a large
scale or against a child, cases can be filed within 20
years after the commission of the act.
● The prescriptive period is counted from the day the
trafficked person is delivered or released from the
conditions of bondage.
107
Republic Act 9255
108
R.A. 9255
Effects of Recognition
1. As a rule, an illegitimate child not acknowledged by the father shall
use the surname of the mother.
2. Illegitimate children acknowledged by the father shall use the surname
of the mother if no AUSF is executed.
3. An illegitimate child aged 0-6 years old acknowledged by the father
shall use the surname of the father, if the mother or the guardian , in the
absence of the mother , executes the AUSF.
4. An illegitimate child aged 7 to 17 years old acknowledged by the
father shall use the surname of the father if the child executes an
AUSF fully aware of its consequence as attested by the mother or
guardian .
5. Upon reaching the age of majority , an illegitimate child acknowledged
by the father shall use the surname
109 of his father provided that he
Republic Act 9262
110
R.A. 9262
● It is a law that seeks to address the
prevalence of violence against women and
their children (VAWC) by their intimate
partners like their husband or ex-husband,
live-in partner or former live-in partner,
boyfriend/girlfriend or ex-boyfriend/ex-
girlfriend, dating partner or former dating
partner.
111
R.A. 9262
What is Violence Against Women and Their Children?
● It refers to any act or a series of acts committed by an intimate
partner (husband, ex-husband, live-in partner, boyfriend/girlfriend,
fiance, who the woman had sexual/dating relationship):
1. against a woman who is his wife, former wife;
2. against a woman with whom the person has or had a sexual or
dating relationship,
3. against a women with whom he has a common child;
4. against her child whether legitimate or illegitimate within or
without the family abode, of which results 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
112 of liberty.
R.A. 9262
Define dating relationship as used under R.A. 9262.
● It is a situation wherein the parties live as husband and
wife without the benefit of marriage or are romantically
involved over time and on a continuing basis during the
course of the relationship. A casual acquaintance or
ordinary socialization between two individuals in a
business or social context is not a dating relationship.
Define sexual relations as used under R.A. 9262.

● It refers to a single sexual act which may or may not
result in the bearing of a common
113 child.
R.A. 9262
Acts of Violence
● Physical Violence – acts that include bodily or
physical harm (battery)
causing/threatening/attempting to cause
physical harm to the woman or her child;
placing the woman or her child in fear of
imminent physical harm
114
R.A. 9262
● Sexual Violence – the acts which are sexual in nature committed against a
woman or her child. It includes, but is not limited to:
■ Rape, sexual harassment
■ acts of lasciviousness
■ treating a woman or her child as a sex object
■ making demeaning and sexually suggestive remarks
■ physically attacking the sexual parts of the victim’s body
■ forcing him or her to watch obscene publications and indecent shows
■ forcing the woman or her child to do indecent acts and/or make films
thereof
■ forcing the wife and mistress/lover to live in the conjugal home
■ sleep together in the same room with the abuser.
○ Causing or attempting to make the woman or her child to perform sexual
acts (that do not constitute Rape) by use of force, threats, intimidation
directed against the woman, her 115 child, or her immediate family.
○ Prostituting the woman or her child.
R.A. 9262
● Psychological Violence – Acts or omissions causing or likely to cause
mental or emotional suffering of the victim which includes, but is not limited
to the following:
○ Controlling or restricting the woman’s or her child’s movement or
conduct
■ Threatening to or actually depriving the woman or her child of
custody or access to her/his family;
■ Depriving or threatening to deprive the woman or her child of a
legal right;
○ Causing mental or emotional anguish, public ridicule or humiliation to
the woman or her child, e.g. repeated verbal and emotional abuse, and
denial of financial support or custody or minor children or denial of
access to the woman’s child/children
○ Threatening or actually inflicting physical harm on oneself for the
116
purpose of controlling the woman’s actions or decisions;
R.A. 9262
○ It includes causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the family to which
the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation
of the right to custody and/or visitation of common children.
○ Causing substantial emotional or psychological distress to the
woman or her child:
■ Stalking or following the woman or her child in public or private
places;
● HOW IS “STALKING” DEFINED?
○ Refers to an intentional act committed by a person
who, unknowingly and without lawful justification
follows the woman or her child or places the woman or
her child under surveillance
117 directly or indirectly or a
R.A. 9262
■ Peering in the window or lingering outside the
residence or the woman or her child;
■ Entering or remaining in the dwelling or on the property
of the woman or her child against her/his will;
■ Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her
child;
■ Engaging in any form of harassment or violence
118
R.A. 9262
● Economic Abuse – Acts that make or attempt to make a
woman financially dependent upon her abuser, which includes,
but is not limited to the following:
○ Preventing the woman from engaging in any legitimate
profession, occupation, business or activity except in cases
wherein the other spouse/partner objects on valid, serious
and moral grounds as defined in Article 73 of the Family
Code;
○ Controlling the woman’s own money or property; or solely
controlling the conjugal or common money/properties;
○ Destroying household property;
119
R.A. 9262
Who are the children victims protected
under this law?
“Children” means the abused woman’s
children, boy or girl, below 18 years old,
whether legitimate or illegitimate or other
children who live with the woman or are
under her care.
120
R.A. 9262
WHO IS THE “OFFENDER”?
● Husband
● Former husband
● Boyfriend
● Ex-boyfriend
● Live-in partner or ex-partner
● One with whom the woman has a common child
● One with whom the woman has/had sexual or
dating relationship
121
R.A. 9262
CAN A WOMAN BE HELD LIABLE FOR COMMITTING
VIOLATIONS OF RA 9262?
● Yes. A lesbian partner/girlfriend or ex-lesbian partner/girlfriend
can also be held liable for committing act or a series of acts
against another woman with whom the lesbian has or had a
sexual or dating relationship.
Who may file a complaint under R.A. 9262?

● Any citizen having personal knowledge of the circumstances
involving the commission of the crime may file a complaint
because violence against women and their children is
considered a PUBLIC crime. 122
R.A. 9262
Where should cases for VAWC be filed?
● Cases may be filed in the Regional Trial Court designated
as FAMILY COURT of the place where the crime was
committed. These courts have original and exclusive
jurisdiction over these cases.
What are the penalties for committing VAWC?

● Offenders proven in court to be guilty of the crime shall be
penalized with: imprisonment ranging from 1 month and 1
day to 20 years payment of P100,000 to P300,000 in
damages mandatory psychological counseling or psychiatric
123
treatment.
R.A. 9262
BATTERED WOMAN SYNDROME
● Battered Wife- a woman who is repeatedly subjected to any
forceful physical or psychological behavior by a man in order to
do something he wants her to do without concern for her rights. It
includes wives or women in any form of intimate relationship with
a man. The couple must go through the battering cycle at least
twice.
● Any victim who suffers from BWS should be diagnosed by a
Psychiatric expert or a clinical psychologist. This will also help the
victim in obtaining a just decision in her case. The law does not
allow the offender to have custody of minor children. Their care is
entrusted to the woman even if she is found to have BWS.
124
R.A. 9262
What is a protection order?
● A protection order is an order issued under this act for the
purpose of preventing further acts of violence against
women or her child. And granting other relief as may be
needed. The relief granted under a protection order
serves the purpose of safeguarding the victim from
further harm, minimizing any disruption in the victim’s
daily life, and facilitating the opportunity and ability of the
victim to independently regain control of her life. The
provisions of the protection order shall be enforced by
law enforcement agencies.125
R.A. 9262
The various kinds of protection orders are:
● Barangay Protection Orders (BPO)
○ refer to the protection order issued by the Punong Barangay Ordering
the perpetrator to desist from committing acts under Section 5 (a) and
(b) of R.A. 9262. BPO shall be effective for 15 days.
● Temporary Protection Orders (TPO)

○ refers to the protection order issued by the court on the date of the filing
of the application after ex parte determination that such order should be
issued.
■ The court may grant in a TPO any, some or all of the reliefs
mentioned in R.A. 9262 and shall be effective for thirty (30) days.
■ The court shall order the immediate personal service of the TPO on
the respondent by the court sheriff who may obtain the assistance
126
of law enforcement agents for the service.
R.A. 9262
● Permanent Protection Order (PPO)
○ refers to the protection order issued by the court after notice and
hearing. The court shall not deny the issuance of a protection order on
the basis of the lapse of time between the act of violence and the filing
of the application.
○ PPO shall be effective until revoked by the court upon application of the
person in whose favor it was issued.
Where can I apply for a protection order?

● Regional Trial Court/Family Court or Municipal Court where the petitioner
resides in case of Temporary Protection Order (TPO)
● Permanent Protection Order (PPO), respectively.
● Barangay Protection Order may be applied for in the Barangay where the
applicant resides or in accordance with Section 409 of the Local Government
127
Code of 1991.
R.A. 9262
Who may file a Petition for Protection Orders?
● The offended party
● The parents or guardians of the offended party
● The ascendants, descendants or collateral relatives within the fourth civil
degree of consanguinity or affinity
● Officers or social workers of the DSWD or social workers of local
government units (LGUs)
● Police officers, preferably those in charge of women and children’s
desks
● Punong Barangay or Barangay Kagawad
● Lawyer, counselor, therapist or healthcare provider of the petitioner
● At least two (2) concerned responsible citizens of the city or municipality
where the violence against women and their children occurred and who
has personal knowledge of the offense
128 committed
R.A. 9262
How can I apply for a protection order?
● The application of the Protection Order must be in writing, signed and
verified under oath by the applicant.
● A standard protection order application form, written in English with
translation to the major languages, which is readily available, shall contain
the following information:
○ Names and addresses of the petitioner and the respondent
○ Description of relationships between the petitioner and respondent
○ Statement of the circumstances of abuse
○ Description of the reliefs requested by the petitioner
○ Request for counsel and reasons for such
○ Request for waiver of application fees until hearing
○ An attestation that there is no pending application for a protection order
in another court
129
R.A. 9262
What can the woman do if the barangay official failed or
refused to issue the BPO within 24 hours from application?
● She can file an administrative complaint against the
barangay official for failure to perform his/her duties. The
complaint must be filed with the Sangguniang Panlungsod
or Bayan.
● She can go to the police station to complain against the
perpetrator.
● She can go to the Clerk of Court of the Family Court where
she lives and request assistance in filing for a Protection
Order.
130
R.A. 9262
Where can the protection order be enforced?
● The Temporary Protection Order and the Permanent
Protection Order are enforceable anywhere in the Philippines.
Can the barangay officials mediate or conciliate?

● No. Conciliation and mediation of acts of violence against
women and their children are not allowed under this law Sec.
33, R.A. 9262 amended sections 410-413 of the Local
Government Code. The barangay officials, police or social
workers should not attempt to mediate or influence the woman
to give up her legal action or application for a BPO, TPO or
PPO. 131
Republic Act 9775
132
R.A. 9775
Child pornography
● refers to any representation, whether visual, audio, or written
combination thereof, by electronic, mechanical, digital, optical,
magnetic or any other means, of a child engaged or involved in real
or simulated explicit sexual activities.
A child shall also refer to:

1. a person regardless of age who is presented, depicted or portrayed
as a child as defined herein; and
2. computer-generated, digitally or manually crafted images or graphics
of a person who is represented or who is made to appear to be a
child as defined herein.
133
R.A. 9775
Explicit Sexual Activity" includes actual or simulated –
1. sexual intercourse or lascivious act including, but not limited
to, contact involving genital to genital, oral to genital, anal to
genital, or oral to anal, whether between persons of the same
or opposite sex;
2. bestiality;
3. masturbation;
4. sadistic or masochistic abuse;
5. lascivious exhibition of the genitals, buttocks, breasts, pubic
area and/or anus; or
6. use of any object or instrument for lascivious acts
134
R.A. 9775
Unlawful or Prohibited Acts
1. To hire, employ, use, persuade, induce or coerce a child to perform
in the creation or production of any form of child pornography;
2. To produce, direct, manufacture, or create any form of child
pornography;
3. To publish, offer, transmit, sell, distribute, broadcast, advertise,
promote, export, or import any form of child pornography;
4. To possess any form of child pornography with the intent to sell,
distribute,
5. publish, or broadcast: Provided, That possession of three (3) or more
articles of child pornography of the same form shall be prima facie
evidence of intent to sell, distribute, publish, or broadcast;
135
R.A. 9775
1. To knowingly, willfully, and intentionally provide a venue for the
commission of prohibited acts such as, but not limited to, dens, private
rooms, cubicles, cinemas, houses, or in establishments purporting to be
a legitimate business;
2. For film distributors, theaters, and telecommunication companies, by
themselves or in cooperation with other entities, to distribute any form of
child pornography;
3. For a parent, legal guardian, or person having custody or control of a
child to knowingly permit the child to engage, participate, or assist in any
form of child pornography;
4. To engage in the luring or grooming of a child;
136
R.A. 9775
1. To engage in pandering of any form of child pornography;
2. To willfully access any form of child pornography;
3. To conspire to commit any of the prohibited acts stated in this Section.
4. Conspiracy to commit any form of child pornography shall be committed
when two (2) or more persons come to an agreement concerning the
commission of any of the said prohibited acts and decide to commit it;
and
5. To possess any form of child pornography.
Syndicated Child Pornography – The crime of child pornography is

deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another and shall be
punished under Section 15 (a) of the Act.
137
Republic Act 8552
138
WHO MAY ADOPT?
FILIPINO CITIZEN OF LEGAL AGE
○ Good moral character
○ No criminal records
○ At least 16 years older than the adoptee
(except of biologically related)
○ has undergone pre-adoption services as
required
139
WHO MAY ADOPT?
AN ALIEN OF LEGAL AGE
○ Good moral character
○ No criminal records
○ Residence of the Philippines for at least 3 consecutive years
✗ the requirements on residency and certification of the alien's
qualification to adopt in his/her country may be waived for the
following:
✗ a former Filipino citizen who seeks to adopt a relative
within the fourth (4th) degree of consanguinity or affinity;
or
✗ one who seeks to adopt the legitimate son/daughter of
his/her Filipino spouse; or
✗ one who seeks to adopt jointly with his/her spouse a
relative within the140fourth (4th) degree of consanguinity or
WHO MAY BE ADOPTED?
1. Children below 18 years old, available for
adoption
2. Legitimate son. Daughter of a spouse
3. Illegitimate child to improve legitimacy
4. Long time treated child since minority even
adult
5. A child whose adoption has been previously
rescinded
6. The biological parents died (6 months rule)
141
WHOSE CONSENT ARE NEEDED?
1. The adoptee, if ten (10) years of age or over;
2. The biological parent(s) of the child, if known, or the legal
guardian, or the proper government
3. instrumentality which has legal custody of the child;
4. The legitimate and adopted sons/daughters, ten (10)
years of age or over, of the adopter(s) and adoptee, if
any;
5. The illegitimate sons/daughters, ten (10) years of age or
over of the adopter if living with said adopter and the
latter’s spouse, if any; and
6. The spouse, if any, of the person
142 adopting to be adopted
✘ SUPERVISED TRIAL CUSTODY
✘ TRIAL CUSTODY FOR AT LEAST SIX (6)
MONTHS
✘ TEMPORARY PARENTAL AUTHORITY
✘ AFTER THE MINIMUM OF 6 MONTHS – DECREE
OF ADOPTION WILL BE RELEASED
143
RESCISSION OF ADOPTION GROUNDS
1. Repeated physical and verbal
maltreatment by the adopter(s) despite
having undergone counseling;
2. Attempt on the life of the adoptee;
3. sexual assault or violence, or
4. abandonment and failure to comply with
parental obligations.
144
Republic Act 8043
145
WHO MAY ADOPT?
● is at least twenty-seven (27) years of age
● at least sixteen (16) years older than the child to be
adopted, at the time of application unless the adopter
is the parent by nature of the child to be adopted or the
spouse of such parent
● Has the capacity to act and assume all the rights and
responsibilities incidental to parental authority under
his/her national law
● Has undergone appropriate counseling from an
accredited counselor in his/her country
146
WHO MAY ADOPT?
● Has not been convicted of a crime involving moral turpitude
● Is eligible to adopt under his/her national law;
● Can provide the proper care and support and give the
necessary moral values and example to the child and, in the
proper case, to all his/her other children;
● Comes from a country
○ With whom the Philippines has diplomatic relations;
○ Whose government maintains a foreign adoption
agency; and
○ Whose laws allow adoption; and
● if married, his/her spouse must jointly file for the adoption;
147
WHO MAY BE ADOPTED?
● Any child who has been voluntarily or
involuntarily committed to the Department as
dependent, abandoned or neglected
● Child who is voluntarily committed, the
physical transfer of said child shall be made
not earlier than six (6) months from the date
of execution of the Deed of Voluntary
Commitment by the child’s biological parent/s
or guardian. 148
Republic Act 9523
149
A Child Legally Available for Adoption
Declaration of Availability for Adoption
● Upon finding merit in the petition, the
Secretary shall issue a certification
declaring the child legally available for
adoption within seven (7) working days
from receipt of the recommendation.
150
A Child Legally Available for Adoption
shall refer to a child in whose favor a
Certification was issued by the DSWD
that he/she is legally available for
adoption.
151
CERTIFICATION
shall refer to a document signed by the
DSWD Secretary or his/her duly
authorized representative,
administratively declaring that a child is
legally available for adoption.
152
CHILD-PLACING AGENCY (CPA)
shall refer to a private non-profit institution or
government agency, duly licensed or
accredited by the DSWD that receives and
processes applicants to become foster or
adoptive parents and facilitate placement of
children eligible for foster care or adoption.
153
The 6-month turn-around
time for a child to be
deemed as NEGLECTED/
ABANDONED was
decreased into 3 months.
154
Republic Act 11222
● Simulated Birth Rectification Act of 2019
155
RA 11222
SALIENT PROVISIONS
● Granting the amnesty and allow the rectification of the
simulated birth of a child to exempt from criminal, civil
and administrative liability those who simulated the birth
record of a child prior to the effectivity of this act; Provided,
that a petition for adoption with an application for the
rectification of the simulated birth record is filed within 10
years from the effectivity of the law
● Provide for and allow a simpler and less costly
administrative adoption proceeding and administrative
rectification of the simulated156 birth record of such child;
RA 11222
● This law also applies to adult adoptees
● Foreigners could not avail of the provisions of the law EXCEPT when married
to a Filipino and qualified under the law.
● Prospective Adoptive Parents (PAPs) who are not the parents named in the
simulated birth certificate of the child could not file a Petition for Administrative
Adoption under the Act.
● There is mandatory appearance by the petitioner and the child before the
DSWD Regional Director. The purpose is to personally determine the identity
of the parties and motivation to adopt before he recommends to the Secretary.
● There is a transitory provision that allows the petitioner to either withdraw the
pending case in court and file it with the Department or continue with the
judicial proceedings.
● Provision of Pre and Post Adoption Services to the Petitioner, Child and
Birthparents, if available.
157
● Conduct of Case Study Report by the DSWD Field Office Social Worker.
RA 11222
QUALIFICATIONS:
● The child has been living with the person or persons who simulated her or his
birth record for at least 3 years before the effectivity of this law;
● The simulation was made for the best interest of the child;
● Such child has been consistently considered and treated by the person or
persons who simulated such birth as her, his or their own daughter or son;
● A Certification Declaring A Child Legally Available for Adoption (CDCLAA) is
issued by the DSWD in favor of such child (except if the adoptee is an adult or
a relative of the adopter within 4th degree)
● Adopters must be a Filipino citizen, of legal age, possess full civil capacity and
legal rights, of good moral character, not convicted of any crime involving
moral turpitude; emotionally and psychologically capable of caring for children
and in a position to support and care for the child in keeping with the means of
the family.
158
RA 11222
REQUIREMENTS:
● Petition for Adoption with an application for rectification of simulated
birth record shall be in the form of an affidavit subscribed and sworn to
by the petitioner/s before any person authorized by law to administer
affirmation and oaths, along with the following requirements:
● Copy of simulated birth record
● Affidavit of admission if the simulation of birth was done by a third
person
● Bgy. Certificate attesting that petitioner/s who are living with the child
for at least 3 years prior to this Act are residents of the said Bgy
● Affidavit of at least 2 disinterested persons
● CDCLAA issued by DSWD, as applicable
● Photographs of both the child and 159 petitioners within the last 3 months
RA 11222
PROCEDURE:
● File the petition in the Social Welfare and
Development Office (SWDO) where the child and
adopter/s reside
● SWDO examines the petition (7 days)
● SWDO endorses the petition with COMPLETE
requirements to the DSWD-Field Office (3 days)
● DSWD Regional Director reviews the petition and
prepares recommendation (30 days)
160
RA 11222
● DSWD-FO endorses the petition to the DSWD Secretary at the Central
Office
● Secretary acts and decides on the petition and issues the Order of
Adoption (30 days)
● DSWD-CO transmits the Order of Adoption back to the concerned DSWD
Regional Office
● DSWD Field Office provides copies of the Order of Adoption to the
petitioners, concerned LGU, PSA and local civil registrar (LCR) (1 day)
● The LCR stamps the simulated birth record “canceled” with an annotation
of the issuance of a rectified certificate of birth. Rectified birth record is
canceled and sealed in the civil registry records
● The LCR records, registers and issues a new certificate of birth without
any notation
● The LCR endorses the new certificate
161 of live birth to the PSA
Republic Act 11642
162
RA 11642
● An Act Strengthening Alternative Child Care by Providing for an
Administrative Process of Domestic Adoption, Reorganizing for
the Purpose The Inter-Country Adoption Board (ICAB) into the
National Authority For Child Care (NACC), amending for the
Purpose Republic Act No. 8043, Republic Act No. 11222, And
Republic Act No. 10165, Repealing Republic Act No. 8552, and
Republic Act No. 9523, and Appropriating Funds Therefore
● Domestic Administrative Adoption and Alternative Child Care Act
● January 28, 2022
Inter-Country Adoption Board (ICAB) to National Authority for Child

Care (NACC)
163
RA 11642
Adoption
● socio-legal process of providing a 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
Alternative Child Care

● provision of planned substitute parental care to a child who is orphaned,
abandoned, neglected, or surrendered, by a child-caring or child-placing agency.
This may include foster care, kinship care, family-like care, and residential care
Child Legally Available for Adoption (CLAA)

● a child in whose favor a certification was issued by the NACC that such child is
legally available for adoption after the fact of abandonment or neglect has been
proven through the submission of pertinent
164
documents, or one who was voluntarily
committed by the child’s parents or legal guardians;
RA 11642
Certificate Declaring a Child Legally Available for Adoption (CDCLAA)
● final written administrative order issued by the NACC declaring a child to be abandoned and
neglected, and committing such child to the care of the NACC through a foster parent,
guardian, or duly licensed child-caring or child-placing agency. The rights of the biological
parents, guardian, or other custodian to exercise authority over the child shall cease upon
issuance of the CDCLAA;
Child-Caring Agency
● a duly licensed and accredited agency by the DSWD that provides twenty-four (24)-hour
residential care services for abandoned, orphaned, neglected, or voluntarily and involuntarily
committed children
Child Case Study Report

● written report prepared by an adoption social worker containing all the necessary information
about a child, including the child’s legal status, placement history, past and present
biopsychosocial and spiritual aspects, case
165
background, ethno-cultural background, and
biological family background or history
RA 11642
Child-placing Agency
● private nonprofit or charitable or government agency duly licensed and accredited
agency by the DSWD to provide comprehensive child welfare services including
receiving and processing of petitions, for adoption and foster care, evaluating the
prospective adoptive parents (PAPs) or foster parents, preparing the child case study
report and home study report
Foundling
● deserted or abandoned child of unknown parentage and whose date or circumstances of
birth on Philippine territory are unknown and undocumented. This shall also include
those with the above circumstance of birth during their infancy and/or childhood, and
have reached the age of majority without benefiting from adoption procedures;
Home Study Report

● written report prepared by an adoption social worker relative to the motivation and
capacity of the prospective adoptive or foster
166
parents to provide a home that meets the
needs of a child
RA 11642
Matching
● judicious selection from the regional or interregional levels of a family for a child based
on the child’s needs and best interest as well as the capability and commitment of the
adoptive parents to provide such needs and promote a mutually satisfying parent-child
relationship
Post-adoption Services
● Psychosocial services and support services provided by adoption social workers after
the issuance of the Order of Adoption by the NACC or Final Decree of Adoption or its
equivalent
Social Case Study Report

● Report prepared by the adoption social worker on the PAP’s capacity to raise the child;
the social agency's efforts to locate the child’s biological parents or relatives;
interventions given to the child and the family; and the adoption social worker’s
assessment of the case. It shall include 167
both the child case study report and the home
study report
RA 11642
National Authority for Child Care (NACC)
● The Inter-Country Adoption Board (ICAB) is hereby reorganized
to a one-step quasi-judicial agency on alternative child care,
known as the National Authority for Child Care (NACC),
attached to the DSWD.
Regional Alternative Child Care Office (RACCO)

● The RACCO is tasked to ensure a well-functioning system of
receipt of local petitions for CDCLAA and adoption, and other
requests regarding alternative placement and well-being of
children.
168
RA 11642
The RACCO shall have dedicated personnel who shall exclusively handle each of the
following:
1.Issuance of the CDCLAA;
2.Domestic administrative adoption;
3.Inter-country adoption;
4.Foster care;
5.All other forms of alternative care including family-like care, kinship care, and residential
care; and
6. Rectification of simulated birth pursuant to Republic Act No. 11222.
Who May File a Petition for CDCLAA

● The Head or Executive Director of a licensed or accredited child-caring/ child-placing agency
or institution managed by the government, LGU, NGO, or provincial, city, or municipal social
welfare development officer (SWDO)
● who has actual custody of the minor may file a petition before the NACC, through the RACCO,
for the issuance of a CDCLAA
● If the child is under the custody of any other individual, the child-caring/ child-placing agency
or institution shall do so with the consent of 169
the child’s custodian.
RA 11642
Who May Adopt?
● Any Filipino citizen
● at least twenty-five (25) years of age
● who is in possession of full civil capacity and legal rights
● has not been convicted of any crime involving moral turpitude
● is of good moral character and can model the same
● is emotionally and psychologically capable of caring for children
● at least sixteen (16) years older than the adoptee
○ requirement of sixteen (16)-years difference between the age of
the adopter and the adoptee may be waived when the adopter is
the biological parent of the adoptee, or is the spouse of the
adoptee’s parent
● who is in a position to support and care for adopted children in
keeping with the means of the170 family
RA 11642
● The legal guardian with respect to the ward after the termination of the
guardianship and clearance of financial accountabilities;
● The legal guardians with respect to the foster child;
● Philippine government officials and employees deployed or stationed abroad:
Provided, That they are able to bring the child with them; and
● Foreign nationals
○ who are permanent or habitual residents of the Philippines for at least five
(5) years possessing the same qualifications as above stated for Filipino
nationals prior to filing of the petition:
○ From a country with diplomatic relations with the Republic of the
Philippines and that the laws of the adopter’s country will acknowledge the
Certificate of Adoption as valid, acknowledge the child as a legal child of
the adopters
○ allow entry of the child into such country as an adoptee: Provided, further,
That requirements of residency may 171 be waived for the following:
RA 11642
■ A former Filipino citizen, habitually residing in the Philippines, who
seeks to adopt a relative within fourth (4th) civil degree of
consanguinity or affinity; or
■ One who seeks to adopt the legitimate child of the Filipino
spouse; or
■ One who is married to a Filipino citizen and seeks to adopt jointly
with the spouse a relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino spouse.
■ Spouses shall jointly adopt, except in the following cases:
● If one spouse seeks to adopt the legitimate child of the other;
or
● If one spouse seeks to adopt own illegitimate child: Provided,
That the other spouse has signified consent thereto; or
● If the spouses are legally
172
separated from each other.
RA 11642
Who May Be Adopted?
● Any child who has been issued a CDCLAA;
● The legitimate child of one spouse by the other spouse;
● An illegitimate child by a qualified adopter to improve status of
legitimacy;
● A Filipino of legal age if, prior to the adoption, said person has been
consistently considered and treated by the adopters as their own child
for a period of at least three (3) years;
● A foster child;
● A child whose adoption has been previously rescinded;
● A child whose biological or adoptive parents have died: Provided, That
no proceedings shall be initiated within six (6) months from the time of
death of said parents; or
173
● A relative of the adopter.
RA 11642
Whose Consent is Necessary to the Adoption?
After being properly counseled and informed of the right to give or withhold approval of the
adoption, the written consent of the following to the adoption are hereby required:
● The adoptee, if ten (10) years of age or over;
● The biological parents of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child, except in the case of a
Filipino of legal age if, prior to the adoption, said person has been consistently
considered and treated as their own child by the adopters for at least three (3) years;
● The legitimate and adopted children, ten (10) years of age or over, of the adopters, if any;
● The illegitimate children, ten (10) years of age or over, of the adopter if living with said
adopter or over whom the adopter exercises parental authority and the latter’s spouse, if
any; and
● The spouse, if any, of the person adopting or to be adopted.
Children under ten (10) years of age shall be counseled and consulted, but shall not be
required to execute within consent.
174
RA 11642
Supervised Trial Custody (STC)
● Upon the recommendation of the adoption social worker of the need for STC, and after the
matching process and issuance of the Pre-Adoption Placement Authority (PAPA), the NACC
through the RACCO shall give the adopters an STC over the adoptee for a period of not more
than six (6) months within which the parties are expected to adjust psychologically and
emotionally to each other and establish a bonding relationship.
● The STC shall be supervised and monitored monthly by the adoption social worker who
prepared the child case study and home study report, and who shall submit a report regarding
the placement.
Civil Registry Record

● An amended certificate of birth shall be issued by the civil registry, pursuant to the Order of
Adoption
○ attesting to the fact that the adoptee is the child of the adopter by being registered with
the adopter’s surname.
○ The original birth record shall be stamped “canceled” with the annotation of the issuance
of an amended birth certificate in its place and shall be sealed in the civil registry records.
○ The new birth certificate to be issued 175to the adoptee shall not bear any notation that it is
RA 11642
After-care Monitoring and Submission of Report
● NACC shall monitor the parent-child relationship to ensure that the adoption has
redounded to the best interest of the child.
● A Closing Summary Report shall be prepared by the handling adoption social
worker and submitted to the NACC after completing the after-care monitoring to the
adopters and adoptees after one (1)-year period.
○ Depending on the age and circumstances of the child, the NACC may
require additional visits or reporting after the one (1)-year period
Grounds for Rescission of Administrative Adoption.

A. Repeated physical or verbal maltreatment by the adopter despite having
undergone counseling;
B. Attempt on the life of the adoptee;
C. Abandonment and failure to comply with parental obligations.
176
RA 11642
Adoption, being in the best interest of the child, shall bot be subject to rescission by the
adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919
of the Civil Code of the Philippines.
1. A child or descendant has been found guilty of an attempt against the life of the testator, his or
her spouse, descendants or ascendants;
2. A child or descendant has accused the testator for a crime for which the law prescribes
imprisonment for six years or more, if the accusation has been found groundless;
3. A child or descendant has been convicted of adultery or concubinage with the spouse of the
testator;
4. A child or descendant by fraud, violence, intimidation, or undue influence causes the testator
to make a will or to change one already made;
5. There is a refusal without justifiable cause to support the parent or ascendant who disinherits
such child or descendant;
6. There is maltreatment of the testator by word or deed, by the child or descendant;
7. A child or descendant leads a dishonorable or disgraceful life; and
8. There is a conviction of a crime which carries with it the penalty of civil interdiction
177
Republic Act 10165
178
R.A 10165
● An Act to Strengthen and Propagate
Foster Care and to Provide Funds
Therefore
● Foster Care Act of 2012
● June 11, 2012
179
R.A 10165
Who May Be Placed Under Foster Care?
A. A child who is abandoned, surrendered, neglected,
dependent or orphaned;
B. A child who is a victim of sexual, physical, or any other
form of abuse or exploitation;
C. A child with special needs;
D. A child whose family members are temporarily or
permanently unable or unwilling to provide the child with
adequate care;
E. A child awaiting adoption placement and who would have
to be prepared for family life;
180
R.A 10165
A. A child who needs long-term care and close family ties but
who cannot be placed for domestic adoption;
B. A child whose adoption has been disrupted;
C. A child who is under socially difficult circumstances such as,
but not limited to, a street child, a child in armed conflict or a
victim of child labor or trafficking;
D. A child who committed a minor offense but is released on
recognizance, or who is in custody supervision or whose
case is dismissed; and
E. A child who is in need of special protection as assessed by
a social worker, an agency or the DSWD.
181
R.A 10165
Who May Be a Foster Parent?
A. Must be of legal age
B. Must be at least sixteen (16) years older than the child unless the foster parent is
a relative;
C. Must have a genuine interest, capacity and commitment in parenting and is able
to provide a familial atmosphere for the child;
D. Must have a healthy and harmonious relationship with each family member living
with him or her;
E. Must be of good moral character;
F. Must be physically and mentally capable and emotionally mature;
G. Must have sufficient resources to be able to provide for the family’s needs;
H. Must be willing to further hone or be trained on knowledge, attitudes and skills in
caring for a child; and
I. Must not already have the maximum number of children under his foster care at
the time of application or award, as 182
may be provided in the implementing rules
and regulations (IRR) of this Act
Republic Act 9344
PHILIPPINE JUVENILE JUSTICE SYSTEM
183
R.A 9344
● An Act Establishing a Comprehensive Juvenile
Justice and Welfare System, Creating the Juvenile
Justice and Welfare Council Under the Department of
Justice, Appropriating Funds therefore and for other
Purposes
● Juvenile Justice and Welfare Act of 2006
● It covers the different stages involving children at
risk and children in conflict with the law from
prevention to rehabilitation and reintegration.
184
R.A 9344
● Republic Act No. 9344, includes the
following:
● Adopts the principle of restorative justice
vis-à-vis retributive justice
● Adopts the UN standards on juvenile
justice
● Prohibits the detention of children in jails
185
R.A 9344
● Enumerates the rights of children in conflict with the
law
● Raises the age of criminal responsibility to 15 from 9
years of age
● Provides for juvenile delinquency prevention
programmes at the local level
● Introduces community-based diversion programmes
for children who commit non- serious offenses
186
R.A 9344
● Provides for alternative disposition measures for children
who commit serious offenses and are found liable
● Strengthens rehabilitation, reintegration and aftercare
programmes
● Creates the Juvenile Justice and Welfare Council which will
be responsible for ensuring the effective implementation of
the new law and coordination of delivery of services by
government agencies and institutions focused on juvenile
justice and welfare, and
● Provides for the retroactive application of the beneficial
provisions of the law.
187
R.A 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, reintegration and
aftercare to ensure their normal growth and
development
188
R.A 9344
Duty-bearer
shall refer to persons who are responsible for

providing care, addressing the needs and
protecting the rights of a child within the juvenile
justice and welfare system.
189
R.A 9344
RESTORATIVE JUSTICE
● refers to a principle which requires a process of
resolving conflicts with the maximum involvement
of the victim, the offender and the community;
seeks to obtain reparation for the victim,
reconciliation of the offender, the offended and the
community and reassurance to the offender that
he or she can be reintegrated into society
190
R.A 9344
STARE DECISIS
● The records of a child in conflict with the law
shall not be used in subsequent
proceedings, whether criminal, civil or
administrative, for cases involving the same
offender as an adult, except when beneficial
to the offender and upon the offender’s
written consent.
191
R.A 9344
Exemption from Perjury and Liability for
Concealment or Misrepresentation
● A person who has been in conflict with the law as a
child shall not be held, under any provision of law, to
be guilty of perjury or of concealment or
misrepresentation by reason of failure to
acknowledge the case, or recite any fact related
thereto, in response to any inquiry directed to the
person for any purpose, pursuant to Section 43 of
the Act. 192
R.A 9344
CHILD AT RISK
● refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal,
family and social circumstances
a. being abused by any person through sexual,

physical, psychological, mental, economic or any other
means, and the parents or guardians 15 refuse, are unwilling,
or unable to provide protection for the child;
193
R.A 9344
b. being exploited sexually or economically;
c. being abandoned or neglected, and after diligent
search and inquiry, the parents or guardians cannot be
found;
d. coming from a dysfunctional or broken family or being
without a parent or guardian;
e. being out of school;
f. being a street child;
194
R.A 9344
g. being a member of a gang;
h. living in a community with a high level of criminality or
drug abuse; and
i. living in situations of armed conflict.
Children-at-Risk also includes those children who violate

the ordinances enacted by local governments, concerning
juvenile status offenses.
195
R.A 9344
Children-at-Risk also includes those who commit any of the
following:
(1) Status offenses under Section 57 of the Act;

(2) Prostitution under Section 202 of the Revised Penal
Code, as amended;
(3) Mendicancy under Presidential Decree No. 1563; and
(4) Sniffing of rugby under Presidential Decree No.
1619.
196
R.A 9344
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
197
R.A 9344
RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW
1) the right not to be imposed a sentence of capital punishment or life imprisonment
2) the right to be detained or imprisoned as a disposition of last resort, which shall be for the
shortest appropriate period of time
3) 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
4) the right to be detained only with other detainees of the same sex, if detention is necessary
5) the right to be searched only by a law enforcement officer of the same gender
6) the right not to be handcuffed, when such is not necessary
7) the right to have his parents or guardians present
8) the right to diversion if he or she is qualified and voluntarily avails of the same
9) the right to AUTOMATIC SUSPENSION OF SENTENCE
10) the right to probation as an alternative to imprisonment, if qualified under the Probation Law
11) the right to have the records and proceedings involving him be considered PRIVILEGED AND
CONFIDENTIAL
198
R.A 9344
INITIAL CONTACT WITH THE CHILD
● refers to the apprehension or taking
into custody of a child in conflict with
the law by law enforcement officers or
private citizens
199
R.A 9344
INTERVENTION
● refers to a series of activities which are designed to
address issues that caused the child to commit an
offense
● may take the form of an individualized treatment
program which may include counseling, skills training,
education, and other activities that will enhance his or
her psychological, emotional and psycho-social well-
being
200
R.A 9344
LEVELS OF INTERVENTION
1. Primary Intervention
● Promote social justice and equal opportunity, which tackle the perceived
root causes of offending. These shall include programs on advocacy,
and socio-economic, health and nutrition, training and education
services.
1. Secondary Intervention
● measures to assist children-at-risk, i.e., protective services for children;
and
1. Tertiary Intervention
● to avoid unnecessary contact with the formal justice system, and other
measures to prevent re-offending, i.e., diversion programs,
201
rehabilitation, reintegration and after-care services.
R.A 9344
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
202
R.A 9344
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
203
R.A 9344
YOUTH DETENTION HOME
● refers to a 24-hour 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
204
R.A 9344
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
205
R.A 9344
HOW AGE CAN BE DETERMINED?
1. child’s birth certificate ,
2. baptismal certificate or any other pertinent documents.
3. In the absence of these documents, age may be based on
information from the child himself/herself, testimonies of other
persons, the physical appearance of the child and other
relevant evidence.
4. In case of doubt as to the age of the child, it shall be resolved
in his/her favor.
206
R.A 9344
Any person contesting the age of the child in
conflict with the law, prior to the filing of the
information in any appropriate Court, may file
a case in a summary proceeding for the
determination of the child’s age before the
Family Court, which shall decide the case
within twenty-four (24) hours from the receipt
of the appropriate pleadings of all interested
parties. 207
Republic Act 10630
208
R.A 10630
● An Act Establishing a Comprehensive
Juvenile Justice and Welfare System,
Creating the Juvenile justice and Welfare
Council under the Department of Social
Welfare and Development, Appropriating
Funds Therefore, and for Other Purposes.
● Approved in October 3, 2013
209
R.A 10630
The “Bahay Pag-asa” is a 24-hour child-care
institution funded and managed by local
government units (LGU) and licensed and/or
accredited non-government organizations. Children
in conflict with the law who are 15 to 18 years old
shall be housed in these temporary shelters while
awaiting trial and the judgment to be rendered by
the courts.
210
R.A 10630
The law also clarified procedures for children
below the minimum age of criminal responsibility,
including those who commit serious offenses. It
provides that any child aged 12 to 15 who commits a
serious offense punishable by more than 12 years’
imprisonment should be deemed a neglected child
under the Child and Youth Welfare Code.
211
R.A 10630
A CICL, above 12 years up to 15 years of age who committed either or a
combination of 22 the following offenses:
(1) Parricide;
(2) Murder;
(3) Infanticide;
(4) Kidnapping and serious illegal detention where the victim is killed or raped;
(5) Robbery with homicide or rape;
(6) Destructive arson;
(7) Rape;
(8) Carnapping where the driver or occupant is killed or raped; or
(9) Offenses under Republic Act No. 9165 punishable by more than twelve (12) 32
years of imprisonment
212
R.A 10630
“Intensive Juvenile Intervention and Support
Center” or “IJISC” refers to a special program
or unit within the “Bahay Pag-asa” or any child-
caring facility of the DSWD or licensed and
accredited NGOs, to address the needs of the
CICL for intensive intervention programs and
services.
213
R.A 10630
Still exempted from criminal liability but the child
shall be deemed a “neglected child” under
Presidential Decree No. 603, as amended, and shall
be mandatorily placed in a special facility within the
youth care facility or “‘Bahay Pag-asa,”’ which shall
be called the Intensive Juvenile Intervention and
Support Center (IJISC).
214
R.A 10630
The Court, where the Petition for Involuntary
Commitment has been filed shall decide on the
Petition within seventy-two (72) hours from the time
the said petition has been filed by the DSWD or the
LSWDO.
The Court will determine the initial period of
placement of the child within the IJISC, 5 which shall
not be less than one (1) year.
215
Republic Act 11648 or the Act Raising the
Age of Sexual Consent, which increases the
age of statutory rape from 12 to 16. This
recognizes children's right to and need for
protection from sexual abuse and
exploitation.
216
DIFFERENT JUVENILE JUSTICE MODELS
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.
● The primary goal of the youth justice system is to provide appropriate
help or treatment for offenders, rather than punishment.
● The primary emphasis is on the ‘needs’ and ‘best interests’ of the child
rather than the ‘deeds’ they may have committed.
● One notable feature of this approach is that it uses the same set of
tribunals for dealing with children who are in need of care and protection
as well as those who are in trouble with the law.
● A second notable feature is that the tribunal’s jurisdiction is not only
confined to conventional criminal offenses but also encompasses so-
called ‘status offenses’ including behavior such as truancy, or sexual
precociousness. 217
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.
● 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 principal goal of the youth justice system – as of the adult
criminal justice system is initially to determine the suspect’s legal
guilt or innocence and next, if convicted, to assess the degree of
culpability that they bear.
● Punishment should then be in accordance with the seriousness of
the offense and the offender’s corresponding ‘just deserts’.
218
MINIMUM INTERVENTION MODEL
● Derived in part from criminological ‘labeling theory’, which
suggests that all official forms of processing young
offenders are potentially harmful to them since they
‘label’ and stigmatize them as criminals.
● Placement in custodial institutions could for this reason
constitute the most harmful and counterproductive of all
official interventions. In short, this approach is
characterized by a concern that official responses to
crime may frequently promote ‘secondary deviance’ on
the part of young offenders, thereby fueling the ‘deviancy
amplification spiral’ that they are ostensibly designed to
prevent! 219
● Considerations such as these have given rise to a ‘minimum
intervention’ strategy that incorporates some or all of the following
elements:
A. avoiding the use of custodial or residential institutions
wherever possible;
B. using community-based alternatives to custody wherever
possible in cases that do call for a punitive intervention (linked
with a policy of diverting young offenders from custody);
C. avoiding prosecution altogether where possible, by
encouraging prosecutors to discontinue proceedings and
encouraging the police to ‘caution’ or warn young offenders
instead (linked with a policy of diversion from prosecution);
220
A. taking care to avoid ‘net-widening’ by ensuring that the above interventions
are never used for young people who would otherwise have been dealt with
informally (linked with a policy of targeting and monitoring);
B. advocating a policy of ‘decriminalization’, certainly with regard to ‘status’
offenses, where they exist, but also at the very least in respect of minor
criminal offenses which, when committed by young people, would no longer
carry even the threat of criminal sanctions; and
C. advocating a policy of ‘depenalization’ whereby even young offenders who
commit more serious offenses would no longer come within the jurisdiction
of the criminal courts, but would be dealt with instead by means of civil
proceedings administered by an appropriate ‘child-sensitive’ institution or
tribunal.
RESTORATIVE JUSTICE MODEL

● 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.
221
THANKS!
Any questions?
222

Juvenile Delinquency

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Juvenile Delinquency

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Juvenile Delinquency

& Juvenile Justice

✘ persons below the age of majority, that is, below

✘ one who has committed an offense that violated the

characterized by disobedience to,

Right to Discipline Child

AUTHORITARIAN PARENTS – They place a high value of

INDIFFERENT PARENTS – They are fairly unresponsive to their child

Five Trends indicating that the Family is declining

Duty Bearers (Working for the Government)

refers to maltreatment, whether habitual or

To minimize the number of interviews of the

The Contract must be signed by the following parties:

Define sexual relations as used under R.A. 9262.

Who may file a complaint under R.A. 9262?

What are the penalties for committing VAWC?

● Temporary Protection Orders (TPO)

Where can I apply for a protection order?

Can the barangay officials mediate or conciliate?

A child shall also refer to:

Syndicated Child Pornography – The crime of child pornography is

● Simulated Birth Rectification Act of 2019

Inter-Country Adoption Board (ICAB) to National Authority for Child

Alternative Child Care

Child Legally Available for Adoption (CLAA)

Child Case Study Report

Home Study Report

Social Case Study Report

Regional Alternative Child Care Office (RACCO)

Who May File a Petition for CDCLAA

Civil Registry Record

Grounds for Rescission of Administrative Adoption.

shall refer to persons who are responsible for

a. being abused by any person through sexual,

Children-at-Risk also includes those children who violate

(1) Status offenses under Section 57 of the Act;

RESTORATIVE JUSTICE MODEL

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