Juvenile Delinquency

View more...


Preview only show first 6 pages with water mark for full document please download


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