Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

5
Module 5: Procedures Granted upon
Juvenile Delinquents; Rehabilitation
and Reintegration

Overview:

This Instructional Material is intended primarily for criminology students enrolled in the subject

Juvenile Delinquency and Juvenile Justice System. Emphasis is placed on the Procedures Granted upon

Juvenile Delinquents and the Rehabilitation and Reintegration of Children in conflict with the Law.

The topic of these modules presents a Preliminary Investigation and Filing of Information, Bail;

Discharge of Child in Conflict with the law; Confidentiality of Records and Proceedings and

Rehabilitation of Children in Conflict with the Law; Objectives of Community Based Programs; and

Prohibited Acts against Children.

Learning Objectives:

1. Identify the Procedures Granted upon Juvenile Delinquents;

2. Be acquainted with the Preliminary Investigation and Filing of Information;

3. Determine the Rehabilitation and Reintegration of Children in Conflict with the Law

4. Explain the purpose of Community Based Programs;

5. Explain the Prohibited Acts against Children.

1 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

1.1 Procedures Granted upon Juvenile Delinquents

Duty of the Prosecutor’s Office

 There shall be a special trained prosecutor to conduct inquest, preliminary investigation and
prosecution of cases involving a child in conflict with the law. If there is an allegation of torture
or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of
the prosecutor to investigate the same.

Preliminary Investigation (PI) and Filing of Information

 The Prosecutor shall conduct a PI in the following instances:

a. When the child in conflict with the law does not qualify for diversion;
b. When the child, his/her parents or guardian does not agree to diversion; and
c. When considering the assessment and recommendation of the social worker, the
prosecutor determines that diversion is not appropriate for the child in conflict with
the law.

Bail

 For purposes of recommending the amount of bail, the privileged mitigating

circumstance of minority shall be considered.

Release of Recognizance

 Where a child is detained, the court shall order:

a. The release of the minor on recognizance to his/her parents and other suitable person;
b. The release of the child in conflict with the law on bail; or
c. The transfer of the minor to a youth detention home/youth rehabilitation center.

2 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

Detention of the Child Pending Trial

 Children detained pending trial may be released on bail or recognizance as provided

under this Act. In all other cases and whenever possible, detention pending trial may e
replaced by alternative measures, such as close supervision, intensive care or placement
with a family or in an education setting or home. Institutionalization or detention of the
child pending trial shall be used only as a measure of last resort and for the shortest
possible period of time.
 Youth Detention Homes
 Established by local governments, pursuant to Section 8 of the Family
Courts Act, in the city or municipality where the child resides.
 DSWD
 In the absence of a youth detention home, the child in conflict with the law
may be committed to the care of the DSWD or a local rehabilitation center
recognized by the government in the province, city or municipality within
the jurisdiction of the court. The center or agency concerned shall be
responsible for the child’s appearance in court whenever required.

Automatic Suspension of Sentence

 Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted from the
offense committed. However, instead of pronouncing the judgment of conviction,
the court shall place the child in conflict with the law under suspended sentence,
without need of application: Provided, however, That suspension of sentence shall
still be applied even if the juvenile is already 18 years of age or more at the time of
the pronouncement of his/her guilt.

3 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

 Upon suspension of the sentence and after considering the various circumstances
of the child, the court shall impose the appropriate disposition measures as
provided in the Supreme Court Rule on Juveniles 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 whose sentence has been suspended and against
whom disposition measures have been issued, and shall order the final discharge of the
child if it finds that the objective of the disposition measures have been fulfilled.
 The discharge of the child in conflict with the law shall not affect the civil liability
resulting from the commission of the offense, which shall be enforced in accordance with
the law.

Confidentiality of Records and Proceedings

 All records and proceedings involving children in conflict with the law from initial contact until
final disposition of the case shall be considered privileged and confidential.

 The public shall be excluded during the proceedings and the records shall NOT be disclosed
directly or indirectly to anyone by any of the parties or the participants in the proceedings for any
purpose whatsoever, except to determine if the child in conflict with the law may have his/her
sentence suspended or if he/she may be granted probation under the Probation law, or to enforce
the civil liability imposed in the criminal action.

 The component authorities shall undertake all measures to protect this confidentiality of
proceedings, including non-disclosure of records to the media, maintaining a separate police
blotter for cases involving children in conflict with the law and adopting a system of coding to
conceal material information which will lead to a child’s identity.

4 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

 A child in conflict with the law shall not be held under any provision of law, to be guilty of
perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the
case or recite any fact related thereto in response to any inquiry made to him/her for any purpose.

1.2 Rehabilitation and Reintegration

Objective of Rehabilitation and Reintegration

 The objective of rehabilitation and reintegration of children in conflict with the law is to provide
them with interventions, approaches and strategies that will enable them to improve their social
functioning with the end goal of reintegration to their families and as productive members of their
communities.
 However, no child shall be received in any rehabilitation or training facility without a valid order
issued by the court after a hearing for the purpose. Further, the details of this order shall be
immediately entered in a register exclusively for children in conflict with the law. No child shall
be admitted in any facility where there is no such register.

How Female Children are Rehabilitated and Reintegrated

 Female children in conflict with the law placed in an institution shall be given special attention as
to their personal needs and problems. They shall be handled by female doctors, correction
officers and social workers, and shall be accommodated separately from male children in conflict
with the law.
 In addition, no personnel of rehabilitation and training facilities shall handle children in conflict
with the law without having undergone gender sensitivity training.

Rehabilitation of Children in Conflict with the Law

5 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

 CILC whose sentences are suspended may, upon order of the court, undergo any or a combination
of disposition measures best suited to the rehabilitation and welfare of the child as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law.
 If the community-based rehabilitation is availed of by a child in conflict with the law, he/she shall
be released to parents, guardians, relatives or any other responsible person in the community.
Under the supervision and guidance of the local social welfare and development officer, and in
coordination with his/her parents/guardian, the CICL shall participate in community-based
programs, which shall include, but not limited to:
1. Competency and life skills development 6. Leadership training
2. Socio-cultural and recreational activities 7. Social Services
3. Community volunteer projects 8. Home life services
4. Community and family welfare service 9. Health services
5. Spiritual enrichment

Note: In accordance therewith, the family of the child in conflict with the law shall endeavor to actively
participate in the community-based rehabilitation.

Youth Rehabilitation Center

 The youth rehabilitation center shall provide 24-hour group care, treatment and rehabilitation
services under the guidance of a trained staff where residents are cared for under a structured
therapeutic environment with the end view of reintegrating them in their families and
communities as socially functioning individuals.

 A quarterly report shall be submitted by the center to the proper court on the progress of the
children in conflict with the law. Based on the progress of the youth in the center, a final report
will be forwarded to the court for final disposition of the case. The DSWD shall establish youth
rehabilitation centers in each region of the country.

1.3 Objectives of Community Based Programs

 The objectives of community –based programs are as follows:

6 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

a. Prevent disruption in the education or means of livelihood of the child in conflict with the
law in case he/she is studying, working or attending vocational learning institutions;
b. Prevent separation of the child in conflict with the law from his/her parents/guardians to
maintain the support system fostered by their mutual and to create greater awareness of their
mutual and reciprocal responsibilities;
c. Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and
encourage community support and involvement; and
d. Minimize the stigma that attaches to the child in conflict with the law by preventing jail
detention.
Note: Every LGU shall establish community –based programs that will focus on the
rehabilitation and reintegration of the child. All programs shall meet the criteria to be
established by the JJWC which shall take into account the purpose of the program, the need
for the consent of the child and his/her parents or legal guardians, and the participation of the
child-centered agencies whether public or private.

After –Care Support Services for Children in Conflict with the Law

 Children in conflict with the law whose cases have been dismissed by the proper court because of
good behavior as per recommendation of the DSWD social worker and/or any accredited NGO
youth rehabilitation center shall be provided after –care services by the local social welfare and
development officer for a period of at least six (6) months.
 The service includes counseling and other community-based services designed to facilitate social
reintegration, prevent re-offending and make the children productive members of the community.

1.4 Prohibited Acts against Children

1. Prohibition against Labeling and Shaming

 In the conduct of the proceedings beginning from the initial contact with the child,
the competent authorities must refrain from branding or labeling children as
young criminals, juvenile delinquents, prostitutes or attaching to them in any
manner any other derogatory names. Likewise, no discriminatory remarks and

7 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

practice shall be allowed particularly with respect to the child’s class or ethnic
origin.
2. Other Prohibited Acts
 The following and any other similar acts shall be considered prejudicial and
detrimental to the psychological, emotional, social, spiritual, moral and physical
health and well –being of the child in conflict with the law and therefore,
prohibited:
a. Employment of threats of whatever kind and nature;
b. Employment of abusive, coercive and punitive measures such as cursing,
beating, stripping, and solitary confinement;
c. Employment of degrading, inhuman and cruel forms of punishment such as
shaving the heads, pouring irritating, corrosive or harmful substances over the
body of the child in conflict with the law, or forcing him/her to walk around
the community wearing signs which embarrass, humiliate and degrade his/her
personality and dignity; and
d. Compelling the child to perform involuntary servitude in any and all forms
under any and all instances.

R.A. 9344

 R.A. 9344 requires the provision of preventive and developmental programs for
children at risk and their families, through the development of a local juvenile
intervention program in every local government unit (LGU). These programs
should be enforced and strengthened by the LGUs and their partners to address
the issue of CICL. The preventive and developmental programs will divert
children’s activities into productive ones, hence; will prevent them from exposure
and commission of anti-social behaviors. The law enforcement officers have the
critical role in running after those who are exploiting/using children to commit
crimes. Surveillance system should be in place as a preventive measure for
children (Einstein Law, 2008)

8 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

Concept Check: No. 5 Score:______

Name:____________________ Yr.& Sec:___________ Date:______

Subject: ___________________

Directions: Explain and elaborate the given questions below using your own word, Font size:
New Times Roman, 12, and 1.5 spacing, observe proper margins and correct usage of
grammar.

1. Discuss and explain the procedures granted upon on Juvenile Delinquents. (20pts.)
_________________________________________________________________
_________________________________________________________________
________________________________________.

2. In Confidentiality of Records and proceedings, elaborate the statement: All records

and proceedings involving children in conflict with the law from initial contact until
final disposition of the case shall be considered “privileged and confidential”. Justify
your answer. (30pts)
_________________________________________________________________
_________________________________________________________________
________________________________________.

3. Among the Objectives that were listed in Community Based Programs, which do you
think is particularly practiced in our Municipality when dealing with Child in
conflict with the law? Explain. (20pts.)
_________________________________________________________________
_________________________________________________________________
________________________________________.

4. Give and explain the two (2) most prohibited acts against Children in Conflict with
the law. Cite related theories based on the previous modules of this subject. (30 pts.)

9 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

_________________________________________________________________
_________________________________________________________________
________________________________________.

Note: Do not copy paste the answer of your classmates.

FEEDBACK:

Hello there my students! You have already finished Module 5 of our subject. In this
module, you were exposed to the Procedures Granted upon Juvenile Delinquents and
Rehabilitation and Reintegration of Child in Conflict with the law, so that in return you will gain
knowledge and apply those procedures in your future profession as Criminologists.

Look back at the Procedures Granted upon Juvenile Delinquents and Rehabilitation and
Reintegration of Child in Conflict with the law, did you learn from it? Finally this is the end of
Modules for this subject, I hope you have gained knowledge from Module 1 to 5, and be able to
use it for your future career as Criminologists. Good luck to your journey.

Congratulations!!!

SUMMARY:

To aid you in reviewing the concept in this module, here are the highlights:

Preliminary Investigation (PI) and Filing of Information

a. When the child in conflict with the law does not qualify for diversion;
10 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

b. When the child, his/her parents or guardian does not agree to diversion; and
c. When considering the assessment and recommendation of the social worker, the
prosecutor determines that diversion is not appropriate for the child in conflict with the
law.

Youth Detention Homes - Established by local governments, pursuant to Section 8 of the

Family Courts Act, in the city or municipality where the child resides.

DSWD - In the absence of a youth detention home, the child in conflict with the law may
be committed to the care of the DSWD or a local rehabilitation center recognized by the
government in the province, city or municipality within the jurisdiction of the court. The
center or agency concerned shall be responsible for the child’s appearance in court
whenever required.

Objective of Rehabilitation and Reintegration - The objective of rehabilitation and

reintegration of children in conflict with the law is to provide them with interventions,
approaches and strategies that will enable them to improve their social functioning with
the end goal of reintegration to their families and as productive members of their
communities.

Youth Rehabilitation Center - shall provide 24-hour group care, treatment and
rehabilitation services under the guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the end view of reintegrating them in
their families and communities as socially functioning individuals.

The objectives of community –based programs are as follows:

 Prevent disruption in the education or means of livelihood of the child
in conflict with the law in case he/she is studying, working or attending
vocational learning institutions;
 Prevent separation of the child in conflict with the law from his/her
parents/guardians to maintain the support system fostered by their
mutual and to create greater awareness of their mutual and reciprocal
responsibilities;
 Facilitate the rehabilitation and mainstreaming of the child in conflict
with the law and encourage community support and involvement; and
 Minimize the stigma that attaches to the child in conflict with the law
by preventing jail detention.

Prohibited Acts against Children

1. Prohibition against Labeling and Shaming

 In the conduct of the proceedings beginning from the initial contact with
the child, the competent authorities must refrain from branding or labeling
children as young criminals, juvenile delinquents, prostitutes or attaching
to them in any manner any other derogatory names. Likewise, no

11 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

discriminatory remarks and practice shall be allowed particularly with

respect to the child’s class or ethnic origin.
2. Other Prohibited Acts
 The following and any other similar acts shall be considered prejudicial
and detrimental to the psychological, emotional, social, spiritual, moral and
physical health and well –being of the child in conflict with the law and
therefore, prohibited:

a. Employment of threats of whatever kind and nature;

b. Employment of abusive, coercive and punitive measures such as cursing,
beating, stripping, and solitary confinement;
c. Employment of degrading, inhuman and cruel forms of punishment such as
shaving the heads, pouring irritating, corrosive or harmful substances over the
body of the child in conflict with the law, or forcing him/her to walk around
the community wearing signs which embarrass, humiliate and degrade his/her
personality and dignity; and
d. Compelling the child to perform involuntary servitude in any and all forms
under any and all instances.

R.A. 9344 - requires the provision of preventive and developmental programs for children
at risk and their families, through the development of a local juvenile intervention
program in every local government unit (LGU). These programs should be enforced and
strengthened by the LGUs and their partners to address the issue of CICL.

SUGGESTED READINGS:

To further your understanding on some of the topics, you can refer to the following
links:
 https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.pdf
 https://study.com/academy/lesson/history-of-juvenile-delinquency.html.
 https://jjwc.gov.ph/wp-content/uploads/2020/06/Comprehensive-National-Juvenile-
Intervention-Program-CNJIP.pdf

REFERENCES:
 Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.

12 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System Maria Ivy Giray-Gacosta, RCrim.

 Ricardo M. Guevara, et.al. Juvenile Delinquency and Crime Prevention. Wiseman’s

Books Trading, Inc. Quezon City, Philippines.

-------------------------------- Thank You for Reading!!!--------------------------------

13 Instructional Materials in Juvenile Delinquency and Juvenile Justice System

Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s
Books Trading, Inc.