Transcript
BEAR IN YOUR MIND…
PREPARARATION IS YOUR WEAPON
READ ATLEAST 6 HRS A DAY IF YOU WANT TO
PASS THE B.E. BUT IF YOU WANT TO TOP THE
EXAM READ IN MIN. OF 12 HRS. A DAY, IT IS NOT
IMPORTANT THAT YOU READ DIFF. REFERENCES,
BUT TO MASTER YOUR SPECIFIC REFERENCE IN
HAND.
NEVER UNDERESTIMATE YOURSELF BUT PUSH
YOUR SELF TO THE LIMITS.
TAKE THE EXAM AS IF IT IS YOUR LAST AND ONLY
CHANCE..GIVE YOUR BEST SHOT!!
FAITH..IT BEGINS FROM THE HEART..
JANE ADAMS
A Sociologist who was responsible for the creation
of the First American Juvenile Justice System.
Established in Illinois in 1899 and reform the Law
by separating the ways children and adults were
treated by Criminal Law. (HOUSE OF REFUGE 1825/NEWYORK
CITY,FIRST INSTITUTION EXPRESSLY FOR JUVENILES)
Her goal with the juvenile court movement was to
prevent children from being abused by the adult
criminal justice system.
Her work had long reaching effects because 22
states had adopted juvenile justice within 10 years
of the first one going onto the books in Illinois.
A small listing of the
accomplishments of Jane Adams :
The founding of Hull House, one of the original
settlement houses in the U.S., providing social
services to disadvantaged people in Chicago.
Successful passage of first child-labor laws in illinois
Creation of the first juvenile court in the U.S.
First president, Women’s International League for
Peace and Freedom
JUVENILE JUSTICE EDUCATION
Refers to the application of Criminal Justice to
MINORS and offenders through the cooperation
of the Criminal Justice Education. In the
Philippines this applies below 18 years of age.
ETIOLOGY OF DELINQUENCY
Etiology of delinquency is the study on the
causes of delinquency. Why do crime and
delinquency occur in our society? What are the
roots of these social problems? This topic is
focused on the various explanations and the
theories of juvenile Delinquency.
PARENS PATRIAE –State is the
Father
This doctrine views minors who engage in
extra-legal behaviors as a victim of
improper care, custody and treatment at
home.
Illegal behavior is a sign that the state should
step through its juvenile authorities should
act at the best interest of the child.
STATUS OFFENSE
-certain acts or omission. which may not be
punishable if committed by adults, but become
illegal only because the person is under aged
and committed primarily by a children, minors,
juvenile, youthful offenders or other persons in
need of supervision or assistance.
examples: truancy, sexual misconduct/immoral
conduct, profanity, running away from home,
smoking, drinking or use of drugs or prohibited
substances, disobedience to parents or school
officials, association w/criminals or delinquent
friends and mendicancy.
Juvenile delinquency is not a simple
term, it means different things to
different individuals, and it means
different things to different groups.
Juvenile delinquency is used to describe
a large number of disapproved behaviors
of children and youth.
Juvenile delinquency is a major problem
that a society is suffering and will continue
to suffer until there is significant social
and economic changes take place resulting
in a redirection of many young’s people
behavior and efforts. To prevent and
control delinquency and the dimensions of
the problems, we need to know how
serious delinquency is.
Who are the youth involved? We also
need knowledge about the people who
become delinquent, an information
such as where most delinquent live
and under what economic conditions.
Juvenile delinquency refers to an anti-social act
or behavior which deviates from the normal
pattern of rules and regulations, customs and
culture which society does not accept and which
therefore, justifies some kind of admonishment,
punishment, or corrective measures in the public
interest, and it is being committed by minors.
However, those person adjudged to be delinquent
under an age fixed by law are called juvenile
delinquent.
Why study delinquency?
examines why juveniles break the law
considers the impact of the family, the
neighborhood, and the school on the
delinquent behavior
examines the behaviors and social
characteristics of juvenile delinquents
discusses the measure and programs
needed to prevent and control delinquent
behavior
OBJECTIVES OF STUDYING
JUVENILE DELINQUENCY
to determine its nature and extent and
crime in the Philippines today.
to ascertain the various factors, reasons,
causes
that
made
up
juvenile
delinquency; and
to adopt adequate measures toward the
prevention suppression and recurrence
of juvenile delinquency in the Philippines
society.
NATURE OF DELINQUENCY
A delinquent is one whose
behavior is brought him into
repeated conflict with the law,
regardless of whether he has
been taken before the court and
adjudged a delinquent
TYPES OF DELINQUENT YOUTH
Social - an aggressive youth who
resents the authority of anyone
who make an effort to control his
behavior.
Neurotic -
he has internalize his
conflicts and pre-occupied with his
own feelings.
Asocial – his delinquent act have a
cold, brutal, vicious quality for
which the youth feels no remorse.
Accidental – he is less identifiable
in character, essentially socialize
law abiding but too happens to be
at the wrong place at the wrong
time and becomes involve in some
delinquent act not typical of his
DIFFERENT APPROACHES
TOWARD DELINQUENCY
1.BIOGENIC APPROACH
Biogenic views the law breaker as a person
whose misconduct is the result of faulty
biology. The offender is hereditary defective,
he or she suffers from endocrine imbalance or
brain pathology, his or her body structure and
temperament pattern have produced the law
breaking.
2. PSYCHOGENIC APPROACH
It tells us that the offender behaves as
she or he does in response to
psychological pathology of some kind.
The
critical
causal
factors
in
delinquency are – personality problems,
to which juvenile misbehavior is
presume to be a response.
3. SOCIOGENIC APPROACH
Sociogenic attributes the variations in
delinquency pattern to influence social
structures. They account for individual
offender by reference to learning
process which goes on in youth gangs,
stigmatizing contacts with social control
agencies and other variables of that
time.
DIFFERENT TYPES OF
BEHAVIORAL DISORDERS
Anti-social behavior – it is characterized by disrespect or
disobedience for authority.
Lying
Stealing
Undisciplined desire for possession
loose morals in the home
parental indifference
lack of proper clothing and other school requirements
undisciplined pleasure seeking
Truancy – cutting classes without any reasonable cause
unattractive school life
fear of punishment
proximity to place of vices
Vagrancy –
wandering
away from
home
disagreeable home
condition
feeble mindedness
misdirected love
for adventure
Emotional
Disorders
jealousy reactions
temper tantrum
fear reaction
CHARACTERISTICS OF
JUVENILE OFFENDER
Majority are males
From age 14-17
Incomplete elementary
education/school dropouts
Tendency to aggressiveness,
insecurity and lack of self
confidence
Jobless or doing odd jobs
Resident of slum areas, shared
quarters or rented houses
CAUSES OF BEHAVIORAL DISORDERS
PREDISPOSING FACTOR
Inclinations or inherited propensities
which can not be considered a criminal
one unless there is a probability that a
crime will be committed.
PRECIPITATING FACTOR
Elements which provoke crimes or factors
that are signified to the everyday
adjustments of an individual, like
personal
problems,
necessities,
limitations, curiosity and ignorance, and
diseases.
CAUSAL FACTORS IN
JUVENILE DELINQUENCY
FAMILY
The family is the first and most basic institution
in our society for developing the child’s potential in
all its many aspects like emotional, intellectual,
moral and spiritual as well as physical and social.
a. the faulty development of the child
b. lack of parental guidance
c. lack of love and the instinct of hate or anger
d. parental rejection
e. broken home
ENVIRONMENT
It is where the child is influenced after his
first highly formative years. Some of these
causes are the following:
association with criminal groups
alcoholism and drug addiction
impulse of fear
crime inducing situation that caused criminal
tendencies
imitated instinct like selfishness, violence and
anti-social wishes.
SCHOOL
- failure of the school in character
development of the children and the
youth
- use of methods that create the
conditions of failure or frustrations on
the part of the students
- truancy
- lack of facilities for curricular and
extra curricular activities
OTHER DEPARTMENT OR
AGENCIES OF THE GOVERNMENT
political interference of the higher positions
unfair decisions of the court
police carelessness and unfair treatment
influence from the newspapers, movies, TV,
radio, comic, and other magazines.
OTHER FACTORS
Unemployment
Emotional maturity – cannot accept the truth
and cannot accept his emotion.
Too much ego – whether right or wrong, safe
or dangerous, permitted or prohibited.
Psychopathic personality – it is characterized
by lack of response, lack of conscience,
deficient feeling of affection to others and
aggression to environment and other people.
JUVENILE GANGS
Juvenile gang is self-formed association of peers
bound together by mutual interest, with
identifiable leadership, well-developed lines of
authority, and other organizational features,
who act in concert to achieve specific purposes
which generally include the conduct of illegal
activity and control over a particular territory
facility or type of enterprise.
HOW TO PREVENT DELINQUENCY
Giving the children affection, companionship
and understanding which comes from a happy
and ideal family home and the parents must
always set a good example.
Reduce unemployment and improve housing and
recreational facilities.
Improves the youth’s participation in community
activities or providing them a satisfying work.
Recognize the importance of the child in the
school by improving the quality of teachers and
facilities, both in private and public schools.
Prepare
and
create
new
employment
opportunities for the youth and reduce the
barriers to employment posed by discrimination.
A more effective partnership or coordination
with all departments or agencies of the
government.
Providing more social work resources which help
solve behavioral problem .
Controlling all the conditions of establishment
like bar, poolrooms, gift shop, and various
establishments that attract children during
school hours and thereby encourage truancy.
Delinquency as a Police Problem
Police agencies are concerned with all types
of youth in a community but the major portions
of work with juveniles is devoted to delinquency
and to delinquency prevention activities.
It must be constantly borne in mind that
juvenile delinquents should be handled in a
different a manner than the adult offender.
Control of Unlawful Behavior of Youth and
undesirable Conditions Involving Youth
Control - a term which acknowledges the
existence of unlawful behavior and the need
to take action.
Unlawful behavior of youth - it includes all
types of activity in which law and ordinances
are violated and such other activity as could
bring youth before the juvenile court.
Undesirable conditions - it refers to
community hazards and community problems
harmful to youth.
Control is accomplished in three major ways
by the police
Investigation of individual case involving youth and
conditions causing anti-social activities.
Providing a constructive disposition for individual
cases and conditions through departmental action
referral to other agencies or to the juvenile court.
Providing overall effective police operations which
reduces the opportunity for commission of law
violations and maintaining cooperative relations
with other components of the juvenile justice
system.
Prevention of Unlawful Behavior of Youth
and Conditions Causing Anti-Social
Activities it implies the keeping of unlawful
Prevention-
behavior from occurring originally or keeping
unlawful behavior to minimum and thus
avoiding police intervention.
The prevention phase is accomplished by the
following:
Influencing youth, parents, and the general
public to meet the basic needs of youth and
to conform to all laws and regulations made
for their protection.
Participation in community organization planning with
other agencies and citizens to improve the total
community.
Providing overall effective police operations which
reduces the desire on the part of individuals to commit
unlawful acts.
Police Responsibility
detection of crime
apprehension of offenders
preservation of peace
general safety of the public
Requirements in the proper discharge of police
responsibilities
a. Close observation of places and conditions which
maybe regarded as breeding places for crime and
delinquency.
b. Always in a better position than others to discover
the existence of harmful influences to the children.
c. Know who are potential or actual delinquents and
recognize who are victims of neglect and abuse
d. Determine what measures to be adopted or which
course of action will be the most advantageous for
its own area.
e. Give emphasis to the public that home is the most
vital force in the prevention of juvenile delinquency.
Procedures used as the most conducive to the
juvenile welfare as well as in the best interest of the
police department’s aims and purposes.
a. Treat the juvenile with consideration
b. Be friendly.
c. Be firm. Appeal to his intelligence, to his
reason and his sense of fairness.
d. Discover the child’s problem if possible
e. Try to gain the child’s respect and
confidence
f. Remember that the child of today is the
man of tomorrow.
Presidential Decree 603
THE CHILD AND YOUTH WELFARE CODE
Article II (Declaration of Principles and State Policies)
Section 12
a. recognizing the sanctity of family life and protecting
and strengthening the family as a basic autonomous
social institution.
b. equally protecting the life of the mother and the
unborn from conception
c. recognizing the rights and duty of the parents in
rearing of the youth.
Section 13
a. recognizing the vital role of the youth in nation
building
Article XV ( The Family)
Section 1
a. recognizing the Filipino family as the foundation of
the nation
Section 2
a. recognizing marriage as an inviolable social
institution
Section 3
The State shall defend:
a. the right of spouses to bind a family
b. the right of children
c. the right of the family
d. the right of families to family associations to
participate in the planning and implementation of
policies and programs that affect them
General Principles
The Child is one of the most important
assets of the nation. Every effort should be
executed to promote his welfare and enhance
his opportunities for useful and happy life.
The molding of the character of the child
starts at the home. Every member of the
family should strive to make the home a
wholesome place as its atmosphere and
conditions will greatly influence the child’s
development.
Application of the Code
The CYWC shall apply to all persons
below 18 years of age as amended by RA
6809
(An Act Lowering the Age of Majority
from 21 to 18 years, amending for the
purpose EO 209 ), except those
emancipated in accordance with law,
“Child” or “minor” or “youth” as used in
this Code shall refer to such person.
Rights of the Child
All children shall be entitled to the rights herein set forth
without distinction as to legitimacy or illegitimacy, sex,
social status, religious, political antecedents and other
factors.
a. The right to be born well with the dignity and worth of a
human being from the moment of his conception.
b. The right of a wholesome family life that will provide him
with love, care and understanding, guidance and counseling,
and moral and material security. c. The right to well rounded
development of his personality to the end that he may become
a happy, useful and active member of the society
d. The right to a balanced diet, adequate clothing, sufficient
shelter, proper medical attention.
e. The right to an education commensurate to his abilities
f. The right to full opportunities for safe and wholesome
recreation and activities.
g. The right to protection against exploitation, improper
influences, hazards, and other conditions or circumstances.
h. The right to live in a free community and society with a
conducive environment.
i. The right to the care assistance and protection of the State
j. The right to an efficient and honest government that will
deepen his faith in democracy.
k. The right to grow up as a free individual.
Duties of Parents
a. To give him affection, companionship and
b.
c.
d.
e.
understanding
To extend to him the benefits of moral
guidance, self discipline and religious
instruction.
To inculcate in him the value of industry,
thrift and self reliance.
To supervise his activities, including his
recreation
To stimulate his interest in civic affairs,
teach him the duties of citizenship and
develop his commitment to his country.
f. To advise him properly on any matter
affecting his development and well being
g. To always set a good example
h. To provide him adequate support
i. To administer his property, if any, according to his best
interest.
Vice – is a wrong, degrading or immoral habit or practice
accustomed to the child.
Liabilities of Parents
Parents and guardians are responsible for the damage or
torts (an injury or wrong done to someone) caused by the
child under their parental authority in accordance with the
Civil Code.
Criminal liability shall attach to any parent and
shall be punishable with imprisonment from two
to six months or a fine not exceeding five
hundred pesos or both, for any act by them in
any of the following manner:
a. conceals or abandons the child with intent to
make such child lose his civil status.
b. abandons the child under such circumstances
as to deprive him of the love, care and
protection he needs.
c. sells or abandons the child to another person for
valuable consideration
d. neglects the child by not giving him the education
which the family’s situation in life and financial
conditions permit.
e. fails or refuses, without justifiable grounds, to
enroll the child in any educational institution.
f. causes, abates, or permits the truancy of the child
from the school where he is enrolled.
g. improperly exploits the child by using him, directly
or indirectly, for purposes of begging and other acts
which are inimical to his interest and welfare.
h. inflicts cruel and unusual punishment upon the
child or deliberately subjects his indignations
and other excessive chastisement that
embarrass or humiliate him.
i. causes or encourages the child to lead an
immoral or dissolute life.
j. permits the child to possess, handle, carry a
deadly weapon, regardless of its ownership.
k. allows or requires the child to drive without a
license which the parents knows to have been
illegally procured.
Child and Youth
Welfare and Education
The state shall see to
it that no child is
refused admission in
public schools.
All
parents are required to
enroll their children in
schools to complete at
least an elementary
education.
Child and Youth Welfare and
the Church
The State shall respect
the rights of the Church
in matters affecting the
religious
and
moral
upbringing of the child.
All churches may offer
religious instructions in
public
and
private
elementary
and
secondary schools subject
to the requirements of
the
Constitution
and
existing laws.
Child and Youth Welfare and the Community
Community means the local government,
together with the society of individuals or
institutions both public and private in which a
child lives.
It shall be the duty of the community to:
1. Bring a healthy environment necessary to
the formal growth of the child.
2. Help the institutions of learning achieve
the fundamental objectives of education.
3. Organize or encourage movements and
activities for the interests of children and
youth.
4.
Promote
the
establishment
and
maintenance of adequately equipped
playgrounds parks and other recreational
facilities.
5.
Assist the state in combating and
curtailing juvenile delinquency and in
rehabilitating wayward children.
5. Aid in carrying out special projects for the
betterment of children in remote areas or
belonging to cultural minorities or
those
who are out of school.
6. Cooperate with private and public child
welfare agencies in providing care, training
and protection to destitute, abandoned,
neglected,
abused,
handicapped
and
disturbed children.
Community Bodies Dealing
with Child Welfare
Barangay Councils enact ordinances and
resolutions not inconsistent with law or
municipal ordinances.
Examples:
a. steps to prevent juvenile delinquency
and assist parents and children with
behavioral problems that can get exact advise.
b. Adopt measures for the health of the
children
c. providing barangay scholarships for
indigent children
d. curfew hours especially for the minors
e. recreational or sports facilities to keep
them busy as well as the opening and
maintenance of playgrounds and day
care centers.
Civic Associations of Adults
Youth
Association
and
Student
Organization
Youth association shall refer to any
club, organization or
association of
individuals below twenty-one years of age
which is directly or indirectly involved in
carrying out child or youth welfare
programs and activities.
Child and Youth Welfare and the Samahan
Samahan – shall refer to the aggregate of
persons or those responsible persons from the
various sectors of the community or those
working
in
commercial,
industrial
and
agricultural establishments or enterprises
belonging to labor or management.
Its duties includes the following:
a.
to prevent the exploitation of children in
any employment or calling.
b. to help out of school youth to learn and at
the same time helping them to look for
opportunities to engage in economic self
sufficient projects.
c.
to provide work experiences, training and
employment for the youth.
Child and Youth Welfare and the State
The State shall have the obligation to
assist the parents in the proper
upbringing of the child pursuant to its
obligation.
Puericulture and similar centers
Juvenile welfare agencies
Child and youth welfare agencies
Orphanages and other similar institutions
Children’s recreational centers
Functions of the Puericulture
and
Health Centers
1. Disseminate information concerning the health of children
and expectant nursing mothers
2. Provide consultation service and treatment
3. Provide guidance and special treatment to children with
physical handicaps.
4. Advise child welfare institutions on matters relating to
nutrition and hygiene.
No private person,
natural or juridical, shall establish,
temporarily or permanently, any child welfare agency without
first securing a license from the DSWD.
geographical area to be served
the children to be accepted for care
the services to be provided
Grounds for the Revocation or
Suspension of License
1. the agency is being used for immoral purposes
2. the agency is insolvent or is not financially
stable to support or maintain the children
therein or to perform the functions for it was
granted license
3. the children therein are being neglected or
are undernourished.
4. the place is so unsanitary making it unfit for
children
5. the agency is located in a place or community
where children should not be or would unduly expose
children to crime, vice, immorality, corruption or
severe cruelty.
6.the agency has by any act or omission shown its
incompetence or unworthiness to continue acting as a
child welfare agency.
Child caring institution – is one that provides twenty
four resident group care services for the physical,
mental, social, and spiritual self-being of nine or more
mentally, gifted, dependent, abandoned, neglected,
handicapped, or disturbed children or youthful
offender.
Receiving home – are family type homes which
provide temporary shelter from ten to twenty
days for children who shall during this period
be under observation and study for eventual
placement by the DSWD.
Nursery – is a child caring institution that
provides care for six or more children below six
years of age for all or part of twenty four a day
except those duly licensed to offer primary
medical and educational services.
Detention Home – is a twenty-four hour child
caring institution providing short term
resident care for youthful offenders who are
awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
Shelter care institution – is one that provides
temporary protection and care to children
requiring emergency reception as a result of
fortuitous events, abandonment by parents,
dangerous conditions of neglect or cruelty on
the home, being without adult care because
of crisis in the family or court order
holding them as material witnesses.
Maternity home
is an institution of place of residence whose primary
function is to give shelter and care to pregnant
women and their infants before, during and after
delivery.
Rehabilitation center – is an institution that receives
and rehabilitates youthful offenders or other
disturbed children who have behavioral problems
for the purpose of determining the appropriate care
for them or recommending their permanent or
rehabilitation in other child welfare agencies.
Child Placement Agency – is an institution
or person assuming the care, custody,
protection and maintenance of children for
placement in any child caring institution or
home under the care and custody of any
persons or person for purposes of
adoption, guardianship or foster care.
Special Categories of Children
Dependent child is one who is without a
parent, 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 child is one who had no proper
parents care or guardianship or whose parents
or guardians have deserted him for period of
at least six continuous months.
Neglected child is one whose basic needs have been
deliberately unattended or inadequately attended.
Neglect may occur in two ways:
a. There is a physical neglect when the child is
malnourished, ill clad and without proper shelter.
b. Emotional neglect exists when the children are
maltreated, raped or seduced, when children are
exploited, over worried or made to work under
conditions not conducive to good health or are
made to beg in the streets or public places, or
when the children are in moral danger or exposed
to gambling, prostitution, or other vices.
Mentally retarded children are those :
a. socially incompetent, socially inadequate
and occupationally incompetent and unable to
manage their own affairs.
b. mentally subnormal
c. retarded intellectually from birth or early
age
d. mentally deficient as a result of
constitutional origin through hereditary or
disease.
e. essentially incurable
Classification of Mental Retardation
1. Custodial group – they are at least capable group
having an IQ of 1 to 25.
2. Trainable group - they are unable to acquire higher
academic skill but usually acquire the basic skill for
living to a reasonable degree and consist with an IQ
from about 25 to 50.
3.
Educable group – the degree of success of
accomplishment that they will reach in life depends
upon the quality and type of education they receive as
well as on the treatment at home and in the
community, their IQs range from about 50 to 75.
4. Borderline or low normal group – they are the highest
group of mentally retarded with IQ from about 75 to 89.
5. Physically handicapped children – are those
who are crippled, deaf mute, blind or otherwise
defective which restricts their means of action
on communication with others.
6.Emotionally disturbed children – are 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.
7. Mentally ill children – are those with any behavioral
disorder, whether functional or organic which of such
degree of severity also require professional help or
hospitalization.
Youthful Offender
- is a child, minor or youth, including one who is
emancipated in accordance with law, who is over nine years
but under eighteen years of age at the time of the commission
of the offense.
A child under nine years of age or under at the time of the
offense shall be exempt from criminal liability and shall be
committed to the care of his or her father or mother, or
nearest relative or family friend in the discretion of the court
and subject to its supervision.
- over nine years of age but under fifteen years of age, at the
time of the commission of the offense, unless he acted with
discernment, in which case he shall be proceeded to the
proper proceedings and the court shall determine the
imposable penalty.
Instead of pronouncing judgment of conviction, the court
upon application of the youthful offender and if it finds that
the best interest of the public as well as that of the offender
will be served thereby, shall suspend all further proceedings
and shall commit such minor to the care and custody of the
DSWD, or to any training institution operated by the
government, or any other reasonable person, until he shall
reach twenty one years of age or for a shorter period as the
court may deem proper, after consideration of the DSWD
report
suspension of the sentence but the youthful offender has
behaved properly and has shown capability to be a useful
member of the community, even before reaching the age of
majority, upon recommendation of the DSWD, it shall dismiss
the case and order his final discharge.
Republic Act 7610
An Act Providing for Stronger Deterrence and Special
Protection Against Child Abuse, Exploitation and
Discrimination, Providing Penalties for Its Violations and
for Other Purposes
(Special Protection of Children Against Child Abuse,
exploitation and Discrimination)
Children – refers to persons below eighteen
years of age or those over but are unable to
fully take care of themselves or protect
themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical mental disability or condition.
Child Abuse – refers to the maltreatment, whether habitual
or not, of the child which includes any of the following:
a. Psychological and physical abuse, neglect, cruelty, sexual abuse
and emotional maltreatment.
b. Any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being.
c. Unreasonable deprivation of his basic needs for survival such as
food and shelter
d. Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or in
his permanent incapacity or death.
Circumstances which gravely threaten
or endanger the survival and normal
development of children:
a. armed conflict
b. working under hazardous conditions
c. living or fending for themselves in the streets
of urban or rural areas without the care of
parents or a guardian.
d. being a member of an indigenous cultural
community
Child Prostitution – Children whether
female or male, who for money or
profit or any other consideration or
due to the coercion or influence of
any adult, syndicate or group,
indulge in sexual intercourse or
lascivious conduct, are deemed to be
children exploited in prostitution
and other sexual abuse.
The penalty of reclusion temporal in its medium period to
reclusion perpetua shall be imposed upon the following:
a. acting as a procurer of a child prostitute
b. inducing a person to be a client of a child prostitute by
means of written or oral advertisement or other similar means.
c. taking advantage of influence or relationship to procure a
child as a prostitute
d. threatening or using violence towards
a child to engage him as a prostitute
e.giving monetary consideration, goods or other pecuniary
benefit to a child with the intent to engage such child in
prostitution
.
Attempt to commit prostitution - child is found alone inside a
room, hotel, motel, pension house, apartelle, vessel vehicle
or any other hidden or secluded area under circumstances
which would lead a reasonable person to believe that the
child is about to be exploited in prostitution and other sexual
abuse.
Child Trafficking – any person who shall engage in trading and
dealing with children including but not limited to the act of
buying and selling of a child for money, or for any other
consideration or barter, shall suffer the penalty of reclusion
perpetua
Attempt to commit child trafficking:
a. the child travels alone to a foreign country without valid reason
therefore and without clearance issued by the DSWD or written
permit from the child’s parents or legal guardian.
b. pregnant mother executes an affidavit of consent for adoption for
a consideration.
c. a person, agency, establishment or child caring institution recruits
women or couples to bear children fro the purpose of child
trafficking.
d. a doctor, hospital or clinic official or employee, nurse, midwife,
local civil registrar any other person simulates birth for the purpose
of child trafficking
e. a person engages in the act of finding children among low income
families, hospitals, clinics, nurseries, day care centers, or other
child caring institutions who can be offered for the purpose of child
trafficking.
-penalty lower by two degrees.
Children – are declared as Zones of Peace. It shall be the
responsibility of the State and all other sectors concerned to
resolve armed conflict in order to promote the goal as zones of
peace.
Complaints on cases of unlawful acts committed against children
maybe filed by the following:
a. offended party
b. parents or guardians
c. ascendant or collateral relative within
the third degree of consanguinity
d. officer, social worker or representative of a licensed child caring institution
e. officer or social worker of the DSWD
f. barangay chairman
g. at least three concerned, responsible citizens where the violation occurred
RA 9344 - Juvenile Justice
and Welfare Act of 2006
It is the first law that protects the
rights of child in conflict with the
law (CICL).
This provides them the opportunity
and chance, thru alternative childfriendly measures, to reform and be
reintegrated into their family and
community
as
a
productive
members of society.
Juveniles in conflict with the law are victims of circumstances
beyond their control who should be treated as individuals with a
problem who need help and need to be provided with appropriate
assistance and services to ensure the full protection of their rights
for survival, protection, development and participation
Best
interest of the child
– totality of the
circumstances and conditions which are most
congenial to the survival, protection and feelings of
security of the child and most encouraging to the
child’s
physical,
psychological
and
emotional
development.
the least detrimental available alternative for
safeguarding the growth and development of the
child.
Child at Risk – 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 – a child who is
alleged as, accused of, or adjudged as having
committed an offense under Philippine laws.
Community based programs -
provided in a
community settling developed for purposes of
intervention and diversion, as well as
rehabilitation of the child in conflict with the
law, for reintegration into his/her family and/or
community
Deprivation of Liberty- any form of detention
or imprisonment or to the placement of a CICL
in a public or private custodial settling from
which the CICL is not permitted to leave at will
by order of any judicial or administrative
authority.
Diversion
– alternative, child-appropriate
process of determining the responsibility, and
treatment of a CICL on the basis of her/his
social, cultural, economic, psychological or
educational background without resisting to
court formal proceedings.
Diversion program – a CICL is required to
undergo after he/she is found responsible
for an offense without resorting to formal
court proceedings.
Initial
contact with the child –
apprehension or taking into custody of a
CICL by law enforcement officers or
private citizens.
Intervention – series of activities which
are designed to address issues that
caused the child to commit an offense.
Juvenile Justice and Welfare System - dealing
with children at risk and CICL, which provides
appropriate proceedings, including programs
and services for prevention, diversion,
rehabilitation, rehabilitation, reintegration and
aftercare and to ensure their normal growth and
development.
Status offense – discriminate only against a
child, while an adult does not suffer any penalty
for committing similar acts.
Curfew violations, truancy, parental disobedience.
Restorative Justice – the appropriate
way of resolving conflicts with the
maximum involvement of the victim,
offender and the community with the
end goal of healing and reconciliation
and reintegration of the offender into
the society.
Why raise the age of criminal
exemption from 9 to 15 years old
15
years old is within the stage of
adolescence – the transition age which is
characterized by curiosity, try-outs and
identity crisis. These circumstances expose
them to risky and delinquent behavior. At
this age, children are not yet emotionally
stable and their social judgment has not yet
matured.
Will CICL who are criminally
exempt just scotfree?
No.
The child will undergo an intervention
program as agreed with the social worker, or
CICL and his/her family and the victim.
The child and his/her family will regularly
report to the social worker and adhere to the
agreed intervention program.
LAWS THAT PROTECT THE RIGHTS OF THE
VICTIMS : RAs 7610, 9208, 9262
WHAT WILL HAPPEN TO CICL WHO
COMMIT SUCH CRIME AS RAPE OR
MURDER
For those who are 15 yrs old
and below and those above 15
yrs but below 18 yrs who acted
without discernment: They will
undergo
an
intervention
program
For those who above 15 yrs and who acted with
discernment:
If the penalty has an imposable penalty of more
than 6 yrs of imprisonment , the law provides that
the child shall undergo court proceedings. When
brought to court, the child maybe placed under
suspended
sentence
and
be
subjected
to
rehabilitation program. In no instance shall the CICL
be put on jail.
The child can also avail of the diversion program, if
qualified.
Diversion Programs
At the level of the Punong barangay:
Restitution of property
Reparation of the damage caused
Indemnification consequential damages
Written or oral apology
Care, guidance, and supervision orders
Counseling for the CICL and his/her family
Attendance in trainings and lectures
Anger management skills
Problem solving and /or conflict resolution
skills
Values formation
Participation in available community based
programs, including community service
Participation in education, vocation and life
skills programs
At the level of the law enforcement officers and prosecutor
Diversion programs
Confiscation and forfeiture of the proceeds or
instruments of the crime
At the level of the appropriate court
Diversion programs
Written or oral reprimand or citation
Fine
Payment of the cost of the proceedings
Institutional care and custody
Would not the new law embolden
children to commit more crimes?
Preventive and developmental
programs
Enforce and strengthened by LGUs
Divert children’s activities – productive
citizens
Prevent from exposure and commission
of anti-social behaviors.
CHILD SPECIFIC LAWS
Executive Order No. 51 - National Code of Marketing
of Breast milk Substitutes, Breast milk Supplement
and other Related Products
Executive Order No. 56 - Authorizing the Ministry of
Social Services and development to take Protective
Custody of Child Prostitutes and Sexually Exploited
Children
Executive Order No. 275 - Creating a Committee for
the Special Protection of Children from all Forms of
Neglect, Abuse, Cruelty, exploitation, Discrimination
and
Other
Conditions
Prejudicial
to
their
Development
Republic Act 6655
-
Free Public Secondary Education Act of
1988
Republic Act 6728
- Government Assistance to Students and
Teachers in Private Education Act
Republic Act No. 6809 - An Act Lowering the Age of Majority from
Twenty One to Eighteen years Amending for the Purpose EO 209
Republic Act 6972
- Barangay Level Total Development and
Protection of Children Act
Republic Act 7323
- An Act to Help Poor but deserving Students
Pursue their education by Encouraging their Employment during
Summer and/ or Christmas Vacation
Republic Act No. 7600 - The Rooming-in and Breastfeeding Act of
1992
Republic Act No. 7624 - An Act Integrating Drug Prevention and
Control in the Intermediate Secondary Curricula as well as in the
Non-formal, Informal and Indigenous Learning Systems
Republic Act No. 7658
- An Act Prohibiting the Employment of
Children Below 15 years of Age in Public and Private Undertakings
Republic Act No. 7797
- An Act to Lengthen the School Calendar
from Two Hundreds days to Not more Than Two Hundred Twenty
Class days
Republic Act No. 7798 - Education Act of 1982
Republic Act No.
7846 An Act requiring
Compulsory
Immunization against Hepatitis-B for Infants and Children Below
Eighteen Years Old
Republic Act No. 7880 - Fair and Equitable Access to Educational
Act
Republic Act No. 8043 - Inter Country Adoption Act of 1995
Republic Act No. 8044 - Youth in Nation Building
Republic Act No. 8172 - An Act for Salt Iodization Nationwide
(ASIN)
Republic Act No. 8296 - An Act Declaring Every Second Sunday of
December as the National Children’s Broadcasting Day
Republic Act No.
Republic Act No.
Republic Act No.
Republic Act No.
8353 8369 8370 8552 -
Anti Rape Law of 1997
Family Courts of 1997
Children’s Television Act of 1997
Domestic Adoption Act of 1998
PROCLAMATIONS ON CHILDREN’S CONCERNS
Proclamation No. 46
- Reaffirming the Commitment to the
Universal Child and Mother Immunization Goal by Launching the
Polio Eradication Project
Proclamation No. 74 - Declaring the 17th Day of October of
Every Year as National Children’s Day
Proclamation No 267 - Declaring the Month of October of
Every Year as National Children’s Month
Proclamation No 731
- Declaring the Second
Week of February of Every Year as “national
Awareness Week for the Prevention of Child
Sexual Abuse and Exploitation”
Proclamation No 759 - Declaring the Fourth
Week of March of Every year as “Protection
and Gender Fair Treatment of the Girl Child
Week”
Proclamation No 855 - Proclaiming the
Adoption and Implementation of the Philippine
Program of Action for Children in the 1990’s
Executive
Order No 340 Directing national
government Agencies and Government Owned and
Controlled Corporations to Provide day care Services
for their Employees Children under Five Years of Age
Executive Order No 393 - Establishing the Sajid Bulig
Presidential Award for Heroism
RA 7277 - Magna Carta for Disabled Persons
RA 8425 - Social Reform and Poverty Alleviation Act
RA 8504 - Philippine AIDS Prevention and Control Act
of 1998
RA 8505 - Rape Victim Assistance and Prevention Act
of 1998
RA 8371 - The Indigenous Peoples Rights Act of 1997