Juvenile SPC

JUVENILE
DELINQUENCY
& JUVENILE
JUSTICE
Sociology of crimes & ethics – 6 subjects
1. INTRODUCTION TO CRIMINOLOGY
2. CRIMINAL JUSTICE SYSTEM
3. JUVENILE DELINQUENCY
4. HUMAN BEHAVIOR
5. POLICE ETHICS
6. RESEARCH – THESIS
JUVENILE  “JUVENILIS”  YOUTH  MINOR  “CHILD”
PD 603 = “THE CHILD AND YOUTH WELFARE CODE OF 1975”

CHILD  ANY PERSON BELOW 21 YEARS
RA 6809 (1989) LAW THE CHANGED THE AGE OF

EMANCIPATION FROM 21 TO 18
CHILD  BELOW 18
RA 7610  ANTI CHILD ABUSE 1992

CHILD  PERSON BELOW 18 AND THOSE 18 AND OVER BUT
SUFFERING FROM MENTAL AND PHYSICAL DISABILITY
BUDOY – AUTISM
BABY JOSH – AUTISM
BOYET – AUTISM
TAP TAP – DOWN SYNDROME
ADULT
SEX  13 – 17  SEDUCTION
SEX  12 BELOW  RAPE
TANAN  BELOW 18  ABDUCTION
DELINQUENCY  ACTS WHICH ARE NOT
ACCEPTED BY THE COMMUNITY
DELIQUENCY  BEHAVIOR OR ACTS WHICH ARE

NOT CONFORMING WITH THE NORMS OF SOCIETY
NORMS  SET OF ACCEPTED CONDUCTS

(RELIGION, TRADITION, CULTURE, BELIEF)
PARENTS = MAMA, PAPA, TATAY, NANAY, INAY, ITAY,

AMA, INA, NANANG , TATANG
MARRIAGE BEFORE SEX

NORMAL SEX
1. HETERO SEXUAL = OPPOSITE SEX (ADAM &

EVE)
2. MARITAL AFFAIR
3. PURPOSE  REPRODUCTION
4. POSITION – MISSIONARY
JUVENILE + DELINQUENCY  BEHAVIOR OR
ACTS COMMITTED BY CHILDREN OR MINORS
WHICH ARE NOT CONFORMING WITH THE
NORMS OF SOCIETY
BEHAVIOR COMMITTED BY CHILDREN WHICH

ARE NOT ACCEPTED BY SOCIETY
A. DELINQUENT
B. DELINQUENCY
C. JUVENILE DELINQUENT
D. JUVENILE DELINQUENCY
ACT / BEHAVIOR  DELINQUENCY OR
JUVENILE DELINQUENCY
PERSON/CHILDREN  DELINQUENT /
JUVENILE DELINQUENT
STATUS OFFENSE  OFFENSES WHICH ARE
ONLY PUNISHABLE IF COMMITTED BY A CHILD
AND NOT PUNISHABLE IF COMMITTED BY AN
ADULT
1. CURFEW – CHILD
2. USE OF ALCOHOL  PD 1619 – VOLATILE
SUBSTANCE LAW
3. TRUANCY  ABSENT IN SCHOOL – 20 DAYS
4. SMOKING  RA 9211 – TOBACCO
REGULATION LAW
5. RUNNING AWAY FROM HOME
HISTORY OF JUVENILE JUSTICE
BEFORE 17TH CENTURY

CHILDREN ARE NOT CONSIDERED AS
HUMAN BEING (OBJECTS)
 HIGH CHILD MORTALITY
IF A CHILD COMMITTED A CRIME
A. THEY ARE TREATED AS ADULTS
B. TRIED AS ADULTS
C. PUNISHED LIKE ADULTS
D. IMPRISONED WITH ADULTS
18TH CENTURY = AGE OF REASON / AGE OF
ENLIGHTENMENT
1. CHILDREN ARE CONSIDERED AS FLOWERS –

NEEDED TO BE NURTURED IN ORDER TO
BLOOM
2. IF A CHILD COMMITTED A CRIME
A. SEPARATE JUSTICE SYSTEM
B. SEPARATE COURT (JUVENILE COURT –
CHICAGO)
C. RESTORATIVE JUSTICE (CONCILLATION)
D. SEPARATE PRISON (BORSTAL)
TYPES OF DELINQUENCY / DELINQUENT YOUTH
N – NEUROTIC DELINQUENT
A – ACCIDENTAL DELINQUENT
P – PSYCHIATRIC DELINQUENT
E – ENVIRONMENTAL
DELINQUENT
E – EMOTIONALLY MAL ADJUSTED
DELINQUENT
S – SOCIAL DELINQUENT
A – ASOCIAL DELINQUENT
NEUROTIC DELINQUENTS  INTRA PSYCHIC
CONFLICT; MILD MENTAL DISORDER;
PREOCCUPIED FEELINGS (DEPRESSION, ANXIETY,
MANIA, PHOBIA)  NEUROSIS
ACCIDENTAL DELINQUENTS  WRONG PLACE

AND IN A WRONG TIME; PEER PRESSURE /
CURIOSITY
PSYCHIATRIC DELINQUENTS  SEVERE MENTAL

DISORDER  EPILEPSY, “ADHD”
ADHD  ATTENTION DEFICIT HYPERACTIVITY

DISORDER
4 X 4 = 12
ENVIRONMENTAL DELINQUENTS 
“OCCASIONAL LAW BREAKERS”
EMOTIONALLY MAL ADJUSTED  “CHRONIC” /

HABITUAL
SOCIAL DELINQUENTS  “AGGRESSIVE

YOUTH /RESENTS AUTHORITY
ASOCIAL  “ANTISOCIAL” – COLD, LONER,

BRUTAL, NO REMORSE, NO SENSE OF GUILT 
PSYCHOPATHS
LUNCH BREAK
RETURN  1PM
FACTORS AFFECTING JUVENILE DELINQUENCY
1. FAMILY  SMALLEST UNIT OF SOCIETY;

CRADLE OF HUMAN PERSONALITY
TYPES OF FAMILIES
2. NUCLEAR FAMILY  SIMPLEST TYPE OF
FAMILY (FATHER / MOTHER / CHILD)
3. EXTENDED FAMILY  NUCLEAR + RELATIVES
(FATHER, MOTHER, CHILDREN, LOLO, LOLA,
TITO, TITA, PALAMUNING PINSAN)
4. BLENDED FAMILY  MOTHER + CHILD + EX
BF + CHILD
4. PATRIARCHAL FAMILY  DECISION MAKER
IS THE “FATHER”
5. MATRIARACHAL  MOTHER IS THE

DECISION MAKER
6. EGALITARIAN FAMILY  EQUAL POWERS

DISINTEGRATED FAMILY  BROKEN / DEATH /
ABANDONED
TYPES OF PARENTS
1. AUTHORITATIVE  HIGH STANDARDS /

EXPECTATIONS + SUPPORTIVE
2. AUTHORITARIAN  HIGH STANDARDS +
EXPECTATION + RIGID RULES + NOT
SUPPORTIVE
3. PERMISSIVE  FREE –REIN
4. NEGLECTFUL  FAILED TO PROVIDE THE
NEEDS OF THEIR CHILD
PEERS = CIRCLE OF FRIENDS
TYPES OF PEERS
1. CLIQUES  SMALL CIRCLE OF FRIENDS

THAT SHARE SIMILAR POSITIVE INTEREST
2. JUVENILE GANGS  CRIMINAL ACTIVITIES

(DRUGS, PROSTITUTE, ROBBERY, PUSHING,
VANDALISM)
A. GRAFFITI  WALL INSCRIPTIONS
B. POSTING  BODY LANGUAGE / MANNER OF WALK
C. REPRESENTATION  CLOTHING ^& HAND SIGNS
MEDIA – MASS MEDIA
1. TELEVISION
2. RADIO
3. NEW PAPER / MAGAZINES
4. SOCIAL MEDIA / INTERNET
EFFECT:
5. POLITICAL LEVERAGE
6. VIOLENCE
7. SEXUALITY
8. PORNOGRAPHY
GATEWAY DRUGS
SIMPLE SUBSTANCE ABUSE IN WHICH IF LEFT

UNTREATED IT WILL UPGRADE TO A MORE GRAVE
SUBSTANCE
VOLATILES = RUGBY, THINNER, SOLVENT 

MARIJUANA
CIGARETTE  “NICOTIANA TOBACCU”  SHABU
ALCOHOL  “ETHANOL”  TRANQUILIZERS,
SEDATIVES, NARCOTICS
NARCOTICS  OPIUM, MORPHINE, HEROIN,

CODEINE (OPIATES)  SLEEP LIKE, PAIN RELIEVER
LAWS RELATED TO JUVENILE JUSTICE
1. PD 603 – THE CHILD AND YOUTH WELFARE CODE
2. RA 9344 – JUVENILE JUSTICE AND WELFARE SYSTEM ACT
3. RA 10630 –LAW THAT AMENDED RA 9344
4. PD 1619 – VOLATILE SUBSTACE LAW
5. RA 6809 – LAW CHANGED THE AGE OF ADULTHOOD
6. RA 9775 – ANTI CHILD PORNOGRAPHY
7. RA 9208 – ANTI HUMAN TRAFFICKING
8. RA 9262 – VAWC
9. RA 9231 – ANTI CHILD LABOR
10. RA 8552 – DOMESTIC ADOPTION LAW
11. RA 8043 – INTERCOUNTRY ADOPTION
12. RA 9523 - AMENDED ADOPTION LAW
13. RA 7877 - SEXUAL HARASSMENT
14. RA 9211 – TOBACCO REGULATION LAW
15. RA 7610 - ANTI CHILD ABUSE
PD 603 – THE CHILD AND YOUTH WELFARE
CODE
LEGAL DOCTRINES RELATED TO THE

WELFARE OF THE CHILD
1. PARENS PATRIAE  “FATHER OF THE

LAND”
A. PRINCIPLE OF “CHARITY”
B. CICL ARE VICTIMS OF IMPROPER CARE
C. PARENTAL ASSUMPTION OF STATE
(DSWD)
2. PATRIA POTESTAS  “PARENTAL
AUTHORITY”  POWER OF THE PARENTS
OVER THE CHILD
NOT ABSOLUTE  REVOCABLE
1. ABUSIVE PARENTS
2. COMPELLING TO BEG
3. CORRUPTING ORDER
WHEN DOES THE CIVIL PERSONALITY OF A
CHILD COMMENCE?
UPON CONCEPTION = COMBINATION OF

SPERM AND EGG CELL
ABORTION – EXPULSION OF FETUS FROM THE

MOTHER’S WOMB
1. CRIMINAL ABORTION – (INTENTIONAL /
UNINTENTIONAL ABORTION
2. THERAPEUTIC ABORTION  MEDICAL
REASONS / CLINICAL PURPOSE
WHAT ARE THE RIGHTS OF A CHILD?
1. RIGHT TO BE BORN WELL
2. RIGHT TO HAVE A NAME
3. RIGHT TO HAVE A FAMILY
4. RIGHT TO WHOLE SOME ENVIRONMENT
5. EDUCATION
6. TALENT
7. SPECIAL TREATMENT = SPECIAL CHILD
WHAT IF THE PARENTS OF THE CHILD
DECIDED TO GET SEPARATED?
1. TENDER YEARS DOCTRINE  BELOW 7 

MOTHER
2. PSYCHOLOGICAL PARENT DOCTRINE  7
Y/O – THE CHILD CAN NOW “CHOOSE”
(LEGITIMATE CHILD)
LEGITIMATE CHILD  MARRIAGE  CHILD
“THE CHILD IS BORN DURING OR AFTER
MARRIAGE”
ILLEGITIMATE CHILD  NOT YET MARRIED

GENERAL RULE  NANAY
RA 9255  LAW THAT PERMIT ILLEGITIMATE
CHILD TO USE THE SURNAME OF HIS FATHER
(ACKNOWLEDGEMENT)
LEGITIMATED CHILD  CHILD  MARRIAGE

- THE CHILD IS BORN THEN THE PARENTS
DECIDED TO GET MARRIED
WHAT IF BOTH PARENTS DIED?
WHO SHALL CONTINUE THE SUPERVISION OF
THE CHILD?
SUBSTITUTE PARENTAL AUTHORITY DOCTRINE
1. GRAND PARENTS (LOLO AT LOLA)

2. ELDEST BRO/ SIS – 21 Y/O
3. ANY GUARDIAN
DELARE HIM AS ABANDONED - AFTER 3

MONTHS  ADOPTION
CATEGORIES OF CHILDREN
1. DEPENDENT CHILD  NEEDS  PUBLIC
SUPPORT
2. NEGLECTED  NEEDS  INADEQUATE
2 TYPES OF NEGLECT
A. PHYSICAL NEGLECT  FOOD, SHELTER,
WATER, CLOTHING
B. EMOTIONAL NEGLECT  LOVE, ATTENTION,
BELONGINESS
3. ABANDONED  NO PARENTS, NO GUARDIAN NO
RELATIVES (3 MONTHS)
4. HANDICAPPED  BUTA, BUNGOL, PIANG, AMANG
5. EMOTIONALLY DISTURBED  “NEUROSIS” –
DEPRESSION, ANXIETY
6. RETARDED – MENTALLY SUBNORMAL (LOW IQ) –
TOLONGGES
DULL / BELOW AVERAGE – 75 -89

EDUCABLE  MORON  50 – 74
TRAINABLE  IMBECILES  25 – 49
CUSTODIAL  “IDIOT”  BELOW 25
7. MENTALLY ILLED  SEVERE MENTAL DISORDER

(PSYCHOSIS)
FALSE PERCEPTION – HALLUCINATION
FALSE INTERPRETATION – ILLUSION
FALSE BELIEF = DELUSION
RA 7610 – CHILD ABUSE LAW
ABUSE  MALTREATMENT
CRUELTY  ANY DEED OR ANY WORD WHICH

DEBASES, DEGRADES OR DEMEANS THE
INSTRINSIC WORTH OR DIGNITY OF A CHILD
PUNCH/ FRACTURE/BURN  PHYSICAL ABUSE

THREATS, VERBAL ABUSE EMOTIONAL ABUSE
MOLESTATION, INCEST  SEXUAL ABUSE
FAILURE TO GIVE SUPPORT  ECONOMIC ABUSE
RA 9262 – ANTI VAWC
VAWC  SEXUAL, MARITAL OR ROMANTIC
RELATIONSHIP
WIFE, EX WIFE, LIVE IN, EX-LIVE IN, GF, EX GF,
FUCK BUDDY
Lesbian partner – applicable
BATTERY  REPEATED PHYSICAL VIOLENCE

RESULTING TO PSYCHOLOGICAL DISTRESS
- 2X  BATTERED WOMAN SYNDROME

(ABSOLUTORY CAUSE) – EXEMPTING
CIRCUMSTANCES = NO CRIMINAL LIABILITY
(PP VS MARIVIC GENOZA)
RA 9344
JUVENILE JUSTICE AND WELFARE SYSTEM
ACT OF 2006
“KIKO PANGILINAN LAW”
5 PILLARS  CHILD IN CONFLICT WITH LAW

RIGHTS OF CHILD IN CONFLICT WITH THE LAW
1. NO DEATH PENALTY
2. NO RECLUSION PERPETUA
3. NO LIFE IMPRISONMENT
4. IMPRISONMENT IS THE LAST RESORT
5. IMPRISONMENT  SHORTEST TIME
6. IMPRISONMENT  SAME GENDER
7. IMPRISONMENT  SEPARATED FROM ADULTS
8. ARREST  NO HANDCUFF
9. NO TORTURE
10. SEARCH  SAME GENDER
11. ARREST  CALL THE PARENTS
12. IN ALL PROCEEDINGS PARENTS MUST BE PRESENT
13. RIGHT BAIL
14. RIGHT  PROBATION
15. RIGHT  DIVERSION (ALTERNATIVE SETTLEMENT)
16. GUILTY  AUTOMATIC SUSPENSION OF SENTENCE - 18
CRIME  1ST PILLAR: LE  INITIAL CONTACT
 CUSTODY  INVESTIGATION  PROVE AGE
PROOF:
1. BIRTH CERTIFICATE
2. BAPTISMAL CERTIFICATE
3. SCHOOL RECORDS
4. MEDICAL RECORDS
5. DENTAL EXAMINATION (FORENSIC
ODONTOLOGY)
6. TESTIMONY
7. PRESUMPTION OF MINORITY
AFTER DETERMINING THE AGE OF THE CHILD
15 Y/O OR BELOW  AUTOMATICALLY EXEMPTED

BELOW 18  RUGBY, PROSTI, MEDICANCY, ORDINANCES
 AUTOMATIC EXEMPTED
15 Y/O & 1DAY – 17  TURN OVER SOCIAL WORKER 

DETERMINE DISCERNMENT
WITHOUT DISCERNMENT  EXEMPTED
WITH DISCERNMENT 
A. FILE COMPLAINT
B. DIVERSION PROGRAM (INFORMAL SETTLEMENT)
(CASES – 6 YRS BELOW)
FILE COMPLAINT  PROSECTOR  PRELIMINARY
INVESTIGATION  PROBABLE CAUSE (45 DAYS)
NO PROBABLE CAUSE  DISMISS
PROBABLE CAUSE  INFORMATION  COURT

1. ARRAIGNMENT
2. PLEA
3. PRETRIAL
4. TRIAL
5. JUDGMENT
NOT GUILTY  RELEASE

WHAT IF THE CHILD IS GUILTY  SENTENCE 
AUTOMATICALLY SUSPEND THE SENTENCE UNTIL
THE AGE OF 18
BAHAY PAG ASA (YOUTH REHAB CENTER – DSWD) 

WAIT FOR THE 18TH BIRTHDAY OF THE CHILD
3 CHOICES
1. DISCHARGE  RELEASE (RECOMMENDATION OF
SOCIAL WORKER  COURT)
2. EXECUTE THE SENTENCE  BJMP (3YRS BELOW /
BUCOR ABOVE 3 YEARS)
3. EXTENSION  21 Y/O  BJMP OR BUCOR
AFTER THE SENTENCE  RELEASE  COMMUNITY

THANK YOU!

Juvenile SPC

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JUVENILE

PD 603 = “THE CHILD AND YOUTH WELFARE CODE OF 1975”

RA 6809 (1989) LAW THE CHANGED THE AGE OF

RA 7610  ANTI CHILD ABUSE 1992

DELIQUENCY  BEHAVIOR OR ACTS WHICH ARE

NORMS  SET OF ACCEPTED CONDUCTS

PARENTS = MAMA, PAPA, TATAY, NANAY, INAY, ITAY,

MARRIAGE BEFORE SEX

1. HETERO SEXUAL = OPPOSITE SEX (ADAM &

BEHAVIOR COMMITTED BY CHILDREN WHICH

BEFORE 17TH CENTURY

1. CHILDREN ARE CONSIDERED AS FLOWERS –

ACCIDENTAL DELINQUENTS  WRONG PLACE

PSYCHIATRIC DELINQUENTS  SEVERE MENTAL

ADHD  ATTENTION DEFICIT HYPERACTIVITY

EMOTIONALLY MAL ADJUSTED  “CHRONIC” /

SOCIAL DELINQUENTS  “AGGRESSIVE

ASOCIAL  “ANTISOCIAL” – COLD, LONER,

1. FAMILY  SMALLEST UNIT OF SOCIETY;

5. MATRIARACHAL  MOTHER IS THE

6. EGALITARIAN FAMILY  EQUAL POWERS

1. AUTHORITATIVE  HIGH STANDARDS /

1. CLIQUES  SMALL CIRCLE OF FRIENDS

2. JUVENILE GANGS  CRIMINAL ACTIVITIES

SIMPLE SUBSTANCE ABUSE IN WHICH IF LEFT

VOLATILES = RUGBY, THINNER, SOLVENT 

NARCOTICS  OPIUM, MORPHINE, HEROIN,

LEGAL DOCTRINES RELATED TO THE

1. PARENS PATRIAE  “FATHER OF THE

NOT ABSOLUTE  REVOCABLE

UPON CONCEPTION = COMBINATION OF

ABORTION – EXPULSION OF FETUS FROM THE

1. TENDER YEARS DOCTRINE  BELOW 7 

ILLEGITIMATE CHILD  NOT YET MARRIED

LEGITIMATED CHILD  CHILD  MARRIAGE

SUBSTITUTE PARENTAL AUTHORITY DOCTRINE

1. GRAND PARENTS (LOLO AT LOLA)

DELARE HIM AS ABANDONED - AFTER 3

DULL / BELOW AVERAGE – 75 -89

7. MENTALLY ILLED  SEVERE MENTAL DISORDER

CRUELTY  ANY DEED OR ANY WORD WHICH

PUNCH/ FRACTURE/BURN  PHYSICAL ABUSE

BATTERY  REPEATED PHYSICAL VIOLENCE

- 2X  BATTERED WOMAN SYNDROME

5 PILLARS  CHILD IN CONFLICT WITH LAW

15 Y/O OR BELOW  AUTOMATICALLY EXEMPTED

15 Y/O & 1DAY – 17  TURN OVER SOCIAL WORKER 

WITHOUT DISCERNMENT  EXEMPTED

NO PROBABLE CAUSE  DISMISS

PROBABLE CAUSE  INFORMATION  COURT

NOT GUILTY  RELEASE

BAHAY PAG ASA (YOUTH REHAB CENTER – DSWD) 

AFTER THE SENTENCE  RELEASE  COMMUNITY

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