Comprehensive

Review on Juvenile
Delinquency

Vinz Reginald O. Pangilinan, R.Crim, MSCJ (Units)
4th Placer (National), December 2017 C.L.E
Junior National Review Lecturer for Criminologist Licensure Exam
Member, Philippine Practical Shooting Association
Member, A2S5 Coalition
Member, Philippine Shooters and Match Officers Confederation (Action Air)
 JUVENILE DELINQUENCY

 an anti-social behavior or act which does not conform with the
standards of society
 youth behavior which is against the norms and regulations of
society which if left unchecked would give rise to criminality
 describes a large number of disapproved behavior of children
or youth
 anti-social acts or behavior of children which deviate from the
normal pattern of rules and regulations, custom and culture
which society does not accept and which therefore justify some
kind of admonition, punishment or corrective measures in the
public interest
 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
 Age of Majority

majority commences at the age
of eighteen (18) years
 Emancipation

Freedom from parental authority,
both over his person and property
Happens upon reaching the age
of eighteen years
 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
 STATUS OFFENSE

 Certain acts or omissions which may not be punishable
socially or legally if committed by adults but become anti-
social or illegal because the offender is a minor, such as:
a) truancy, or frequent, unreasonable absenteeism from
school
b) use of profane language
c) running away from home
d) smoking and drinking alcoholic beverages
e) disobedience to parents, guardians or school officials
f) mendicancy or begging in the streets
g) association with delinquent gangs
ANTI-SOCIAL BEHAVIOR

 Characterized by disobedience
to, or disrespect for, authorities
PARENS PATRIAE (“father of
the country”)

 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
Different Approaches to
the study of delinquency

DIFFERENT APPROACHES IN THE
STUDY OF DELINQUENCY

 BIOGENIC APPROACH- gives an explanation that
law violations and delinquency are a result of some
physical defects
 PSYCHOGENIC APPROACH- argues that the critical
factors in delinquency are personality problems to
which misbehavior is presumed to be the response
 SOCIOGENIC APPROACH- attributes delinquency
pattern to social structures views youthful misdeed
as a result of a learning process through interactions
with other members of society
CONTRIBUTORY FACTORS
IN JUVENILE
DELINQUENCY

 FAMILY

The first and most basic institution of society
responsible for developing a child’s potential in
all its aspects like physical, emotional, spiritual,
moral, intellectual and social
Molds the child to learn to curb his desires and
to accept rules that define the time, place and
circumstances under which highly personal
needs may be satisfied in socially acceptable
ways
 Nuclear Family

Consists of father, mother
and children
 EXTENDED FAMILY

 Consists of father, mother, children, grandparents,
uncles and aunts, cousins, nephews and nieces, and
in-laws
 School

 Considered the second home of a child, with
teachers as the second parents institution
responsible for the training of young person’s
intellectual, moral, as well as social skills which
they need for them to grow up as productive,
law-abiding and responsible citizens
 Environment

 The culture, norms and behavior of the child’s
surroundings may 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
P.D 603

 P.D 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
 PARENTAL AUTHORITY
(PATRIA POTESTAS)

 The sum total of the rights of the parents over the
person and property of their child
 The exercise of which has no distinction between a
legitimate and an illegitimate child
 The father and the mother shall exercise jointly just
and reasonable parental authority and responsibility
over their legitimate or adopted children
 In case of death of either parent, the surviving parent
shall exercise sole parental authority
 In case of disagreement, the father’s decision shall
prevail unless there is a judicial order to the contrary
 PARENTAL
RESPONSIBILITY

The sum total of the duties and
obligations of parents over their
minor children
LIABILITIES OF PARENTS

Parents and guardians are
responsible for the damage or
injury caused by the child under
their parental authority.
 Guardianship

A trust relation of the most sacred
character, in which one person, called a
guardian, acts for another, called a
ward, regarded as incapable of
managing his own affairs.
 Substitute Parental
Authority

In case of absence or death of both parents,
substitute parental authority shall be given to the
following, in order of priority:
Grandparents
Oldest brother or sister at least 21 years of age
relative who has actual custody of the
child/guardian duly appointed by the court
Commencement of Civil
Personality

Abortion

 Abortion

 The expulsion of the fetus from
the mother’s womb
 Kinds of Abortion

 CRIMINAL ABORTION- classified as intentional
or unintentional as provided by the Revised Penal
Code
- punishable by law
 THERAPEUTIC ABORTION- recommended and
performed by a certified physician when there are
health risks and complications
-not punishable by law
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.
 ABANDONED

 One who had no proper parental care or
guardianship or whose parents or guardians
have deserted him for a period of at least six
consecutive months (PD 603)
 refers to a child who has no proper parental
care or guardianship, or whose parents have
deserted him or her for a period of at least
three (3) continuous months (RA 9523)
 NEGLECTED

 One whose basic needs have been deliberately unattended
or inadequately attended
 A child is unattended when left by himself without
provision for his needs and without proper supervision
 Neglect may occur in two ways:
a) Physical neglect- Malnourishment, untidy and damaged
clothing, no shelter
b) emotional neglect- maltreated, raped, seduced, abused,
exploited, made to work under conditions not conducive to
good health or placed in moral and physical danger.
 Mentally Retarded

Socially incompetent, socially inadequate,
occupationally incompetent and unable to manage
their own affairs
Mentally sub-normal
Retarded intellectually from birth or early age
Retarded at maturity
Mentally deficient as a result of constitutional
origin through heredity or disease
Essentially incurable
 PHYSICALLY-
HANDICAPPED

Crippled, deaf-mute, blind and
other conditions which restrict
their means of action or
communication with others.
 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.
 DISABLED

 Includes mentally-retarded,
physically-handicapped, emotionally-
disturbed and mentally-ill children.
R.A 7610

 RA 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
 R.A 7658

Approved on 9 November 1993
This law amended the provisions of RA
7610 regarding working children
This law was further amended by RA
9231
 Forms of Child Abuse

 CRUELTY – refers to any word or deed which debases, degrades or
demeans the intrinsic worth and dignity of the child as human being
 PHYSICAL INJURY – includes but is not limited to lacerations, fractured
bones, burns, internal injuries, severe injuries, or serious bodily harm
suffered by a child
 PSYCHOLOGICAL INJURY – means harm to a child’ psychological or
intellectual functioning which may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior
 NEGLECT – means failure to provide, for reasons other than poverty, the
basic needs of the child, such as food, clothing, medical care, shelter and
basic education
 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
 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
 Child Prostitution

 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
 Those who commit the act of sexual intercourse or lascivious
conduct with a child exploited in child prostitution, such as:
a) clients of child prostitutes
 Those who derive profit or advantage there from, such as:
 managers or owners of the establishment where the
prostitution takes place
 Zones of Peace

 children shall not be the object of attack in situations
of armed conflict
 they shall be protected from any form of threat,
assault, torture or other cruel, inhumane or
degrading treatment
 children shall not be recruited to become members of
the Armed Forces of the Philippines of its civilian
units, nor be allowed to take part in the fighting, or
used as guides, couriers or spies
 children shall be given priority during evacuation as
a result of armed conflict
Philippine Juvenile
Justice System

 PHILIPPINE JUVENILE
JUSTICE SYSTEM

RA 9344 – the JUVENILE JUSTICE AND
WELFARE ACT OF 2006
Approved on 28 April 2006
Became effective on 20 May 2006
Repealed the provisions of the Revised
Penal Code and Presidential Decree No
603 on minor offenders
 Important Terms
introduced in 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, re-integration and
aftercare to ensure their normal growth and
development
 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.
 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.
 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
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.
 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.
 Diversion

Refers to an alternative, child-appropriate
process of determining the responsibility and
treatment of a child in conflict with the law
on the basis of his or her social, cultural,
economic, psychological or educational
background without resorting to formal court
proceedings.
 DIVERSION PROGRAM

 Refers to the program that the child in
conflict with the law is required to
undergo after he or she is found
responsible for an offense without
resorting to formal court proceedings.
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.
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)Thee 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
MINIMUM AGE OF CRIMINAL RESPONSIBILITY

- a child FIFTEEN (15) YEARS OF AGE OR UNDER at the time of the

commission of the offense shall be EXEMPT from CRIMINAL LIABILITY, but
he shall undergo INTERVENTION PROGRAM

- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN (18)
YEARS OF AGE shall likewise be EXEMPT from CRIMINAL LIABILITY, if he
or she acted WITHOUT DISCERNMENT, but he shall undergo
INTERVENTION PROGRAM

- however, they are exempted only from criminal liability and not from civil
liability
- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN
(18) YEARS OF AGE who acted WITH DISCERNMENT shall be subjected to the
DIVERSION PROCEEDINGS and shall undergo DIVERSION PROGRAM, if
qualified

- a child ABOVE FIFTEEN (15) YEARS OF AGE BUT BELOW EIGHTEEN

(18) YEARS OF AGE who acted WITH DISCERNMENT and who is NOT
QUALIFIED for DIVERSION, OR REFUSED to undergo DIVERSION, shall be
PROSECUTED
 TREATMENT OF CHILD
BELOW THE AGE OF
CRIMINAL RESPONSIBILITY

 Treatment of child below the
age of criminal responsibility

 It shall be the duty of the law enforcement officer to
determine the age of the child apprehended
 If the child apprehended is FIFTEEN (15) YEARS OLD
OR BELOW, the law enforcement officer MUST
RELEASE THE CHILD TO THE CUSTODY OF HIS
OR HER PARENTS OR GUARDIANS, OR THE
CHILD’S NEAREST RELATIVE
 It shall also be the duty of the law enforcement officer
to give notice to the local social welfare and
development officer as to the apprehension of the child
in conflict with the law
 System of Diversion

 Children in conflict with the law shall undergo diversion
proceedings subject to the following conditions:
1) The imposable penalty for the crime committed is NOT
MORE THAN SIX (6) YEARS IMPRISONMENT
2) In victimless crimes, the imposable penalty is NOT MORE
THAN SIX (6) YEARS IMPRISONMENT
3) In cases where the imposable penalty exceeds six (6) years,
diversion measures may be resorted to only by the court
 The diversion proceedings shall be completed within
FORTY-FIVE (45) DAYS
 Contract of Diversion

 Shall be prepared if the child:
1) is qualified for diversion; and
2) voluntarily admits the commission of the act and
the parents or guardian of the child and the child
himself agrees to the diversion program
 It must be signed by the child’s parents or
guardian and the authorities concerned
 PROSECUTION

 A child in conflict with the law shall undergo
PROSECUTION if:
 1) he is not qualified for diversion
 2) he is qualified for diversion but he or his parents
or guardian does not agree to diversion
 3) diversion is not appropriate for the child in
conflict with the law, based on the social worker’s
recommendations
 Conduct of Preliminary
Investigation

There shall be a specially-trained prosecutor
to conduct inquest, preliminary investigation
and prosecution of cases involving children
in conflict with the law
The information against the child shall be
filed before the Family Court within FORTY-
FIVE DAYS from the start of the preliminary
investigation
 Court Proceedings

 During trial, the court shall order:
1) the release of the child on recognizance to his or
her parents and other suitable persons
2) the release of the child on bail
3) if the child is to be detained, the transfer of the
child to a youth detention home
 Detention of the child shall be ordered only as a
last resort
 Automatic Suspension of
Sentence

If the child in conflict with the law is found guilty
of the offense charged, the court shall place the
child under suspended sentence, without need of
application
The automatic suspension of sentence may be
extended until the child reaches the maximum
age of TWENTY-ONE (21) YEARS OLD
The court shall order the detention of the child in
a youth rehabilitation center where he shall
undergo the appropriate disposition measures
DISCHARGE OF THE
CHILD IN CONFLICT
WITH THE LAW

DISCHARGE OF THE CHILD IN
CONFLICT WITH THE LAW

 Upon the recommendation of the social
worker who has custody of the child, the
court shall DISMISS THE CASE AGAINST
THE CHILD if the court finds that the
disposition measures have been fulfilled.
 RETURN OF THE CHILD IN CONFLICT
WITH THE LAW TO COURT

 If the court finds that the objective of the
disposition measures imposed upon the child
have not been fulfilled, or if the child has
willfully failed to comply with the conditions of
his or her rehabilitation program, the child shall
be returned to court for the EXECUTION OF
JUDGMENT.
 Probation

A child in conflict with the law whose
sentence was executed by the court upon
reaching the maximum age of TWENTY-
ONE (21) shall be entitled to the benefits
of probation under PD 968, the Probation
Law of 1976.
 OFFENSES NOT APPLICABLE
TO CHILDREN

 Persons below eighteen (18) years old shall be
exempt from prosecution for the following crimes:
1) vagrancy and prostitution under the Revised Penal
Code
2) mendicancy under PD No 1563
3) sniffing of rugby under PD 1619