CEPRO-1 CRIMINOLOGY-5

Juvenile
 A child or young person, who, under the legal system may be dealt with for an offense in a
manner different from that of an adult

 Persons below the age of majority

 In legal points, the term juvenile is a person subjected to juvenile court proceedings because of
statutorily defined even or condition caused by or affecting that person and was alleged to have
occurred while his or her age was below the specified age limit

Therefore, the term minor refers to any person whose age is seventeen (17) years old and below. The
words juvenile, child and youth are synonymous with the word minor and are used
interchangeably.
Juvenile Delinquency - is the participation in illegal behavior by minors who fall under a
statutory limit.

Juvenile Delinquent - is a person who is typically under the age of 18 and commits an act that
otherwise would have been charged as a crime if they were an adult.
TYPES OF DELIQUENT YOUTH
1. SOCIAL-an aggressive youth who resents authority of anyone who makes an effort to control his
behavior
2. NEUROTIC-one who has internalized his conflicts and is preoccupied with his own feelings
3. ASOCIAL-one whose delinquent have a cold, brutal and vicious quality for which the youth feels
no remorse
4. ACCIDENTAL-one who is essentially sociable and law-abiding but happens to be at the wrong
time and place and becomes involved in delinquent acts not typical of his general behavior

Crime Theories Applicable to Juvenile Delinquency

1. Rational Choice - causes of crime lie within the individual offender rather than in their
external environment.
2. Social Disorganization - absence or breakdown of communal institutions and communal
relationships that traditionally encouraged cooperative relationships among people.
Communal Institutions
1. Family
2. School
3. Church
4. Social Groups

3. Strain Theory - crime is caused by the difficulty of those in poverty in achieving socially
valued goals by legitimate means.
4. Differential Association - young people are motivated to commit crimes by delinquent peers
and learn criminal skills from them.
5. Labelling Theory - once a person is labeled criminal they are more likely to offend. Once
labeled as deviant, a person may accept that role and more likely to associate with others who
have been similarly labeled.
6. Social Control Theory - proposes that exploiting the process of socialization and social
learning builds self-control and can reduce the inclination to indulge in behavior recognized as
anti-social.

Four Types of Control That Can Help Prevent Juvenile Delinquency

1. Direct - punishment is threatened or applied for wrongful behavior and compliance is
rewarded by parents, family and authority figures.
2. Internal - youth refrains from delinquency through the conscience or super ego.
 3. Indirect - by identification with those who influence behavior because his/her delinquent act
might cause pain and disappointment to parent and others with whom he/she has close
relationships.
4. Control - through needs satisfaction, if all individuals’ needs are met, there is no point in
criminal activity.

Crimes Commonly Committed by Juvenile Delinquents

1. Status offenses - is an action that is prohibited only to a certain class of people and most
often applied to offenses only committed by minors. Example, underage smoking.
2. Property crimes - is a category of crime that includes theft, robbery, motor vehicle theft,
arson, shop lifting and vandalism.
3. Violent Crime in which the offender uses or threatens to use violent force upon the
victim.

Age of Majority - is the threshold of adulthood as it is conceptualized, recognized or declared

by law. The vast majority of country including the Philippines set majority age at 18. This is
provided by the Republic Act 6809, the law that lowered the age of majority from twenty-one (21) to
eighteen years old (18). This law took effect on December 13, 1989. This means that when a person
reaches the age of eighteen, he is already an adult and no longer a child.

Young Adult - a person between the ages of 20 and 40 whereas adolescent is a person between
the ages of 13 and 19.

Types/Categories of Juvenile Delinquency

1. Delinquency - crimes committed by minors which are dealt with by the juvenile courts
and justice system.
2. Criminal behavior - crimes dealt with by the criminal justice system.
3. Status offenses - offenses which are only classified as such because one is a minor, such
as truancy which is also dealt with by juvenile court.

Truancy - is any intentional unauthorized absence from compulsory schooling.

Vandalism - Ruthless destruction or spoiling of anything beautiful or venerable. The term

includes criminal damage such as graffiti and defacement directed towards a property without
the permission of the owner.

Graffiti - is writing or drawings scribbled, scratched or sprayed illicitly on a wall or other

surface in a public place.

Defacement - refers to marking or removing the part of an object designed to hold the viewer’s
attention.

THE PARENS PATRIAE PHILOSOPHY

PARENS PATRIAE (“parent of the country”)
Literally, the term parens patriae is Latin for “parent of the country”. It refers to the role of
the state as sovereign and guardian of persons under legal disability (Black’s Law of Dictionary). It also
refers to the traditional role of the state as a sovereign and guardian of person under legal disability,
such as juveniles or the insane. It is a principle that the state must care for those who cannot take care
of themselves, such as minors who lack proper care of themselves, such as minors who lack proper care
and custody from their parents (Dannug and Campanilla, 2004)

Furthermore, according to this legal philosophy, the government is the guardian of

everyone who has a disability, especially children, and has a legal duty to act in their best interests
until the age of majority. (Siegel and Senna, 2007).
PARENTAL AUTHORITY- the sum total of the rights of the parents over the person and property of the
child

PARENTAL RESPONSIBILITY- the sum total of the duties and obligations over their minor child

Special Categories of Children

PD 603 enumerates the different categories of children and this can be found under Articles 141, 168,
170, 171, 172 and 173:

Dependent Child- one who is without a parent, guardian or custodian; or one who’s parents, guardian or
other custodian for good cause desires to be relieved of his care and custody; and is dependent upon
the public for support

Abandoned Child- one who has no proper parental care or guardianship, or whose parents or guardians
have deserted him for a period of at least three (3) continuous months (as amended by RA 9523)

Neglected Child- one who’s 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. A child us unattended when left by himself without provisions for his needs and /or without
proper supervisions; and
c. Emotional neglect exists: when children are maltreated, raped or seduced; when children are
exploited, overworked or made to work under conditions not conducive to good health; or are
made to beg in the streets or public places, or when children are in mortal danger, or exposed to
gambling, prostitution and other vices.

Mentally-Retarded Children- are

(1) socially incompetent, that is, socially inadequate and occupationally incompetent and unable to
manage their own affairs;

(2) mentally subnormal;

(3) retarded intellectually from birth or early age;

(4) retarded at maturity;

(5) mentally deficient as a result of constitutional origin, through hereditary or disease, and

(6) essentially incurable.

Classification of Mental Retardation:

1. Custodial Group
2. Trainable Group
3. Educable Group
4. Borderline or Low Normal Group

Custodial Group:

- Recovery and profoundly retarded, the least capable group.

- IQs 1-25

Trainable Group:

- Mental level rate of development about ¼ to ½ that of the average child.

- Unable to acquire higher academic skills, but can usually acquire the basic skills for living to a
reasonable degree. -With effective instruction, can likewise attain primary grade level of
education.
 - IQs from 25-50

Educable Group:

- Intellectual development is approximately ½ to ¾ of the expected of a normal child of the name

chronological age.
- May reach 5th to 6th grade of education level and can develop educational skill.
- IQs ranges from 50-75.
-

Borderline or Low Normal Group:

- Slightly Retarded
- Can get by in regular class if they receive some extra help, guidance and considerations.
- In order to pass they have to spend more time with their studies than other children in order to
pass with 75-89 IQ.

Physically- Handicapped Children-those who are crippled, deaf-mute, blind, or otherwise defective
which restricts their means of action on communication with others.

Emotionally-Disturbed Children- those who, although not afflicted with insanity or mental defect, are
unable to maintain normal social relations with others and the community in general due to emotional
problems or complexes.

Disabled-Children- shall include mentally retarded, physically handicapped, emotionally disturbed, and
sever mentally-ill children.

Parenting styles

When we talk about parenting styles, there are four main types, one of which is most effective
in raising well-adjusted and well-behaved children:

1. Authoritarian parenting: Strict rules with no compromise, and no input from the children.
2. Authoritative parenting: Strict rules, but parents are willing to listen and cooperation with
their children. More of a democracy than authoritarian parenting.
3. Permissive parenting: Few rules, and few demands put on children. There is little to no
discipline in this home, and parents typically take on the role of friend.
4. Uninvolved parenting: No rules and very little interaction. These parents are detached and
may reject or neglect their children.

SUMMARY OF THE COMPARISONS BETWEEN RA 8552 AND RA 8043

Provisions of the Law Republic Act 8552 Republic Act 8043

Title Domestic Adoption Act of 1998 Inter-Country Adoption Act of

1995
Date of Approval 25 February 1998 7 June 1995
Subject Matter Adoption involving Filipino Adoption involving foreigners or
parents or foreigners residing in Filipinos residing abroad as
the Philippines as adopters and adopters and Filipino children
Filipino children as adoptees, as adoptees, who will reside
who will reside in the outside the Philippines
Philippines

Age requirement for adopters Adopters must be of legal age Adopters must be at least
and at least sixteen (16) years twenty-seven (27) years old and
older than the adoptee; if the at least sixteen (16) years older
adopter is a foreigner, he must than the adoptee
have been residing in the
Philippines for at least three (3)
 consecutive years
Age requirement for adoptees
Adoptees must be below Adoptees must be below fifteen
eighteen (18) years old (15) years old
Other requirements for the 1. has not been convicted 1. must possess all the
adopters of any crime involving qualifications and none
moral turpitude; of the disqualifications
2. emotionally and provided under
psychologically capable Philippines laws;
of caring for children; 2. eligible to adopt under
3. in a position to support his or her national law
and care for his/her
children in keeping with
the means of the family;
4. for foreigners residing
in the Philippines,
his/her country of origin
must have diplomatic
relations with the
Philippines

Supervised Trial Custody At least six months At least six months

Juvenile Welfare Laws

Welfare can be defined as well-doing or well-being, in any respect; the enjoyment of health and
common blessing of life; exemption from any evil or calamity (Moreno, 2009). Accordingly, children are
the subjects of a quite number of laws that were enacted to promote, support and protect their welfare.

Aside from Presidential Decree 603 which protects the welfare of the child and youth, there is Republic
Act 7610, otherwise known as the Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act. This law is more commonly referred to as the Anti-Child Abuse Law. However, since
its passage in 1992, several laws have already been enacted and have in effect amended certain
provisions of RA 7610.

The provisions on working children have been amended by RA 7658 and RA 9231, while the provisions
on child trafficking have been supplemented by RA 9208, otherwise known as the Anti-Trafficking in
Persons Act of 2003. The Anti-Child Pornography Act of 2009 amended the provisions on obscene
publications and indecent shows of RA 7610.

Another important legislation for the protection of children is RA 9262, otherwise known as the Anti-
Violence Against Women and their Children Act of 2004. This law provides protection for children from
abuses committed by their own parents and certain relatives.

However, the term children as used in these laws do not just refer to persons below the age of eighteen
(18). Also included in its scope are those persons who are over eighteen (18) years old but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.

This is how the term child is defined and used by the law’s RA 7610, RA 9208, RA 9262 and RA 9775.

Republic Act of 7610- The special protection of children against child abuse, exploitation and
discrimination Act.

As mentioned earlier, certain provisions of this law have already been amended by recent laws. But
some portions of this law remain enforceable up to this day, and these are the provisions on child
prostitution, child trafficking, child abuse and children as zones of peace.

Child Prostitution and Other Sexual Abuse.

Section 5, Article III of RA 7610 provides that children, whether male or female, who for money, 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 same section enumerates those who are criminally liable for child prostitution, such as:

1) Those who engage in or promote, facilitate or induce child prostitution;

2) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, that when the victim is under twelve
(12) years of age, the perpetrators shall be prosecuted under Article 335 or Article 336 of the
Revised Penal Code for rape or lascivious conduct, as the case may be; and
3) Those who derive profit or advantage there from, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in prostitution in addition
to the activity for which the license has been issued to said establishment.

The penalty for child prostitution is reclusion temporal in its medium period to reclusion perpetua.

It does not matter whether the child voluntarily engages in prostitution. Because of the fact that he
or she is a child, he or she is considered a victim, and therefore, he or she is not criminally liable. As
per the provision of the law, the pimps, the clients and the owners and managers of the
establishments promoting and facilitating prostitution are the ones criminally liable.

Note, however, that when a client engages the services of a child prostitute and said child prostitute
is under twelve (12) years old, the law applicable is not RA 7610 but the Revised Penal Code (RPC),
specifically, Articles 266-A for rape and Article 336 for acts of lasciviousness. The client of the child
prostitute will be prosecuted for any of these crimes.

[REPUBLIC ACT NO. 11648]

AN ACT PROVIDING FOR STRONGER PROTECTION AGAINST RAPE AND

SEXUAL EXPLOITATION AND ABUSE, INCREASING THE AGE FOR
DETERMINING THE COMMISSION OF STATUTORY RAPE, AMENDING FOR THE
PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS “THE
REVISED PENAL CODE,” REPUBLIC ACT NO. 8353, ALSO KNOWN AS “THE
ANTI-RAPE LAW OF 1997,” AND REPUBLIC ACT NO. 7610, AS AMENDED,
OTHERWISE KNOWN AS THE “SPECIAL PROTECTION OF CHILDREN AGAINST
ABUSE, EXPLOITATION AND DISCRIMINATION ACT”

Republic Act 11648 or the Act Raising the Age of Sexual Consent, which increases the age of
statutory rape from 12 to 16. This recognizes children’s right to and need for protection from
sexual abuse and exploitation.

Child Trafficking.

Section 7, Article IV provides for the crime of child trafficking. Child trafficking is committed by any
persons 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.

The penalty is reclusion temporal to reclusion perpetua and it shall be imposed in its maximum
period when the victim is under twelve (12) of age.

RA 9208 further defines other punishable acts that constitute trafficking.

Child Abuse

The term child abuse refers to the maltreatment of children, whether habitual or not. Section 3, sub-
para (b) enumerates act that can be classified as child abuse, such as:
 1. Psychological and Physical Abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
2. Any act by deed or words which debases, degrades or demeans the intrinsic worth and dignity
of a child as a human being; and
3. Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
4. 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.

Note that committing any of the acts of child abuse even on one occasion only already constitutes
child abuse, and is therefore already punishable under the law.

Section 10, Article VI further lists other acts of neglect, abuse, cruelty or exploitation and other
conditions prejudicial to the child’s development, as well as their corresponding penalties.

Republic Act 9208—Anti-Trafficking in Persons Act of 2003.

Section 3 of RA 9208 defines trafficking in persons as the recruitment, transportation, transfer or

harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across
national borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation which includes at a minimum, the exploitation or the
prostitution of others, or other forms of sexual exploitation, forced labor services, slavery, servitude or
the removal or sale of organs. The recruitment, transportation, transfer, harboring or receipt of a child
for the purpose of exploitation shall also be considered as “trafficking in persons” even if it does not
involve any of the means set forth in the preceding paragraph.

Section 6 defines acts that are punishable as qualified trafficking in persons. Those acts that involve
children as victims are:

1. When the trafficked person is a child;

2. When the adoption is effected through RA 8043, otherwise known as the Inter-Country
Adoption Act of 1995 and said adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage; and
3. When the offender is an ascendant, parent, sibling, guardian or a person who exercised
authority over the trafficked person or when the offense is committed by a public officer or
employee.

Note that when the term qualified is included in the name of the crime, it has the effect of increasing
the penalty. Thus, the crime of trafficking in person is qualified when the victim is a child and the
offender convicted for such crime shall suffer the penalty of life imprisonment.

Republic Act 9231—the Law for the Elimination of the Worst Forms of Child Labor.

RA 9231 is the amendatory law to RA 7610 and RA 7658, specifically amending the provisions on
working children.

Section 2 of RA 9231 provides that children below fifteen (15) years of age shall not be employed,
except:

1. When a child works directly under sole responsibility of his parents or legal guardian and where
only members of the employer’s family are employed; and
2. Where a child’s employment or participation in public entertainment or information through
cinema, theatre, radio or television is essential, with the approval of the Department of Labor
and Employment (DOLE).

Work Permit of Working Children.

Section 2 also states that it shall be the duty of the employer to secure permit from the DOLE of working
children employed by him.
Employment Contract of Working Children

Section 2 further states that the contract shall be signed by the working child’s parent or legal guardian,
with the express agreement of the child.

Working Hours of Working Children

Section 3 provides for the hours of work of a working child. It states that:

1. A child below fifteen (15) years of age may be allowed to work for not more than twenty (20)
hours a week, and the work shall not be more than four (4) hours at any given day;
2. A child fifteen (15) years of age but below eighteen (18) shall not allowed to work for more than
eight (8) hours a day, and in no case beyond forty (40) hours a week; and
3. No child below fifteen (15) years of age shall be allowed to work between eight o’clock in the
evening and six o’clock in the morning of the following day and no child fifteen (15) years of age
but below eighteen (18) shall be allowed to work between ten o’clock in the evening and six
o’clock in the morning of the following day.

Simply stated, if the working child is under fifteen years old, he may work for maximum of four (4) hours
a day, twenty (20) hours a week, and his work schedule must be between six o’clock in the morning and
eight o’clock in the evening (6am to 8pm)

On the other hand, if the working child is fifteen (15) years old but under eighteen (18), he may work for
maximum of eight (8) hours a day, forty (40) hours a week and his work schedule must be between six
o’clock in the morning and ten o’clock in the evening. (6am to 10pm).

Prohibition on the Employment of the Children in Certain Advertisements.

Section 5 states that no child shall be employed as a model in any advertisement directly or indirectly
promoting any of the following items:

a. Alcoholic beverages
b. Intoxicating drinks
c. Tobacco and cigarettes
d. Gambling
e. Any form of violence or pornography.

Republic Act 9262—The Anti-Violence Against Women and Their Children Act of 2004.

The Anti-Violence Against Women and Their Children Act, or RA 9262 is a law with the primary objective
of protecting women and their children form domestic violence.

The term violence against women and their children refers to any act or a series of acts committed by
any person against a woman who is his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate within or without the family abode which result in or is likely to
result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such
acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

By definition, only the following persons can be offender and can be held criminally liable:

The husband, ex-husband, live-in partner, ex live-in partner, boyfriend, ex-boyfriend, father, step-
father, and a woman in a lesbian relationship. And the victim is always the woman with whom the
offender has a sexual and dating relationship and/or the woman’s minor child or children, whether
legitimate or illegitimate, biological or adopted. It can also include any children under the woman’s care.

The law specifies the different categories of violence that the offender may be prosecuted for under this
law and these are physical violence, sexual violence, psychological violence and economic abuse.

Republic Act 9775—The Anti-Child Pornography Act of 2009.

The Anti-Child Pornography Act of 2009, or RA 9775, is the law that amended the provisions of RA 7610
on obscene publications and indecent shows. It aims to protect every child from all forms of exploitation
and abuse through the use of a child in pornographic performances and materials and the inducement
or coercion of a child to engage or to be involved in pornography.

Child Pornography refers to any representation, whether visual, audio, or written combination thereof,
by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in
real or simulated explicit sexual activities.

An important addition to this law is that a person can also be held liable for the crime of child
pornography even if the actor, model or performer in the real or simulated explicit sexual activities is
not a child. Section 3 of RA 9775 provides that for purpose of this law, a child shall also refer to: (1) a
person regardless of age who is presented, depicted or portrayed as a child as defined herein; and (2)
computer-generated, digitally or manually crafted images or graphics of a person who is represented or
who is made to appear to be a child as defined herein.

List of the Juvenile Welfare Laws

Numerical Title Complete Short Title/Subject Date of Approval

Matter
RA 7610 Special Protection of Children June 17, 1992
Against Abuse, Exploitation and
Discrimination Act of 1992
RA 7658 Law on working children November 9, 1993
amending RA 7610
RA 9231 Law on working children; December 19, 2003
amending RA 7658 and RA 7610
RA 9208 Anti-Trafficking in Persons Act May 26, 2003
of 2003
RA 9262 Anti-Violence Against Women March 8, 2004
and their Children Act of 2004
RA 9775 Anti-Child Pornography Act of November 17, 2009
2009

Salient Features of RA 9344, The Juvenile Justice and Welfare Act of 2006.
The Juvenile Justice and Welfare Act of 2006, or RA 9344 was signed into law on April 28, 2006 and
became effective on May 20, 2006. It is the law governing the operation of the juvenile justice system in
the Philippines. Juvenile justice and welfare system refers to a system dealing with children at risk and
children in conflict with the law, which provides child-appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal
growth and development (Section 2, RA 9344).

Restorative Justice refers to a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for
the victim; reconciliation of the offender, the offended and the community; and reassurance to the
offender that he/she can be reintegrated into society. It also enhances public safety by activating the
offender, the victim and the community in prevention strategies (Section 2, RA 9344).

Also included in the amendments made by RA 9344 is the introduction of new terms applicable in the
implementation of the juvenile justice system (Section 2, RA 9344). Some of these terms are the
following:

Best Interest of the Child—refers to the 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. It also means the least detrimental available
alternative for safeguarding the growth and development of the child;

Child at Risk—refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances,

Children in Conflict with the Law (CICL)—refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.

Initial Contact with the Child—refers to the apprehension or taking into custody of a child in conflict
with the law by the law enforcement officers or private citizens.

Intervention—refers to a series of activities which are designed to address issues that caused the child
to commit an offense. It may take the form of an individualized treatment program which may include
counseling, skills training, education and other activities that will enhance his/her psychological,
emotional and psycho-social well-being.

Diversion—refers to an alternative, child-appropriate process of determining the responsibility and

treatment of a child in conflict with the law on the basic of his/her social, cultural, economic,
psychological or educational background without resorting to formal court proceedings.

Diversion Program—refers to the program that the child in conflict with the law is required to undergo
after he/she is found responsible for an offense without resorting to formal court proceedings.

Youth Detention Home—refers to a 24-hour child-caring institution managed by accredited local

government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs)
providing short-term residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.

Youth Rehabilitation Center—refers to a 24-hour residential care facility managed by the Department
of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the
DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law.
Rehabilitation services are provided under the guidance of a trained staff where residents are cared for
under a structured therapeutic environment with the end view of reintegrating them into their families
and communities as socially functioning individuals. Physical mobility of residents of said centers may be
restricted pending court disposition of the charges against them.

Minimum Age of Criminal Responsibility.

As mentioned earlier, minimum age of criminal responsibility refers to the minimum age that a child can
already be held legally accountable for his actions and can be prosecuted criminally. Pursuant to Section
6 of RA 9344, the minimum age of criminal responsibility in the Philippines is over fifteen years old. The
text reads as follows:

“Section 6—A child fifteen (15) years of age or under at the time of the commission of the offenses
shall be exempt from criminal liability. However, the child shall be subjected to an intervention
program pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance
with this Act.

The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.

The Revise Rules on Children in Conflict with the Law issued by the Supreme Court in 2009 further states
that age of the criminal responsibility is the age when a child, fifteen (15) years and one (1) day old or
above but below eighteen (18) years of age, commits an offense with discernment (Section 4, Revised
Rules on Children in Conflict with the Law, Supreme Court).
The right to be separated from the adult offender at all times; during detention, while being transported
to and from the court and while waiting for the hearing

This definition clarifies the term over fifteen years old. This means that a child is fifteen years old at the
exact day of his birth date. However, a child who is fifteen years and one day old is already considered
over fifteen years old and therefore is no longer automatically exempt from criminal liability, unless he
is found to have acted without discernment.

RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW

The right not to be imposed a sentence of capital punishment or life imprisonment

The right to be detained or imprisoned as a disposition of last resort, which shall be for the shortest
appropriate period of time.

The right to be separated from the adult offender at all times; during detention, while being transported
to and from the court and while waiting for the hearing

The right to be detained only with other detainees of the same sex, if detention is necessary

The right to be searched only by a law enforcement officer of the same gender

The right not to be handcuffed, when such is not necessary

The right to have his parents or guardians present

The right to diversion if he or she is qualified and voluntarily avails the same

The right to AUTOMATIC SUSPENSION OF SENTENCE

INITIAL CONTACT WITH THE CHILD

Refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement
officers or private citizens

PROHIBITED ACTS OF LAW ENFORCEMENT OFFICERS WHEN IN CUSTODY OF THE CHILD (Police
Manual on the Management of Cases of Children in Conflict with the Law, 2009)

Police officers are prohibited from:

1. Locking up the child in a detention cell;
2. Searching a child by a police officer of the opposite sex;
3. Allowing the child to have contact with adult offenders;
4. Using offensive, vulgar and profane words against child or any of the parties involved;
5. Committing sexual advances on the child;
6. Committing torture, and inflicting punishment and other forms of violence and abuse on the
child; and
7. Displaying or using any firearm weapon, handcuffs or other instruments of force or restraint,
unless absolutely necessary and only after all other methods of control have been exhausted
and have failed.

TREATMENT OF CHILDREN IN CONFLICT WITH THE LAW

Section 6 and Section 20 of RA 9344 also provides for action to be taken by the law enforcement officer
and social worker after the determination of the age and the presence or absence of discernment has

been established.

Graphically, these actions can be illustrated as follows:

 CHILD IN CONFLICT
WITH THE LAW

15 YEARS OLD AND OVER 15 BUT UNDER OVER 15 BUT UNDER

BELOW 18, ACTED WITHOUT 18 ACTED WITH
DISCERNMENT DISCERNMENT

INTERVENTION DIVERSION, IF PROSECUTION, IF

DISQUALIFIED FROM
QUALIFIED
DIVERSION

INTERVENTION
Again, children in conflict with the law whose ages are fifteen and below or over fifteen but under
eighteen who acted without discernment are required by law to undergo intervention as a result of their
having committed an offense.

DIVERSION
On the other hand, those children in conflict with the law whose ages are over fifteen but under
eighteen who were found to have acted with discernment shall be required to undergo diversion.

However, the age of the CICL and presence of discernment are not the only considerations in diversion.
The law specifies certain qualifications for diversion, such as:

1. The age requirement (over fifteen but under 18);

2. Presence of discernment;
3. Allegedly committed an offense with an imposable penalty of not more than six (6) years of
imprisonment, in which case diversion is conducted at the barangay, police or prosecutor’s
level;
4. Allegedly committed an offense with an imposable penalty of not more than twelve (12) years of
imprisonment, in which case diversion is resorted to by the court;
5. The contract of diversion entered into by the child and his parents or guardian.

Reparation is the payment by the offender of the value of the thing (Moreno, 2009). Included within its
meaning is the payment for the injury or damage caused by the offender to the offended party.

RETURN OF THE CHILD IN CONFLICT WITH THE LAW TO COURT

As stated in Section 40 of RA 9344, if the child in conflict with the law has reached eighteen (18) years of
age while under suspended sentence, the court shall determine whether to discharge the child in
accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a
certain specified period or until the child reaches the maximum age of twenty-one (21).
The social worker assigned to the case of the child in conflict with the law under suspended sentence
shall evaluate the progress of the child undergoing rehabilitation and he shall submit his
recommendation to the court when the child has reached the age of eighteen. If during this time, the
recommendation is for the discharge of the CICL and he shall have not criminal record. But if the
recommendation of the social worker is to extend the suspension of sentence because the CICL has not
improved during his rehabilitation, then the suspension of sentence will be extended until the maximum
age of twenty-one (21).

When the CICL has already reached the age of twenty-one (21) while in rehabilitation, then the same
process will be repeated. This time, however, when the social worker finds that the CICL was not
rehabilitated, the court will order the execution of the original sentence and the CICL will now serve his
sentence. The CICL will be transferred from the youth rehabilitation center to an agricultural camp.

The explanation on the processes that a child in conflict with the law has to undergo, from the time of
prosecution up to rehabilitation is simplified using a flow chart for better understanding:

CICL IS OVER 15 BUT

UNDER 18, ACTED
WITH DISCERNMENT

DIVERSION
PROCEEEDINGS

IF CICL IS QUALIFIED, IF CICL IS DISQUALIFIED,

DIVERSION PROGRAM PROSECUTION

PRELIMINARY INVESTIGATION
IS CONDUCTED

INFORMATION IS FILED
IN FAMILY COURT

CONDUCT OF TRIAL

CICL IS FOUND NOT CICL IS FOUND GUILTY, HIS

GUILTY, HE IS DISCHARGED SENTENCE IS SUSPENDED

CICL IS DETAINED AT THE YOUTH

CICL HAS NO CRIMINAL
REHABILITATION CENTER UNTIL
RECORD MAXIMUM AGE OF 21

DEEMD NOT
DEEMED REHABILITATED,
REHABILITATED, ORIGINAL
HE IS DISCHARGED
SENTENCE IS EXECUTED
 CICL HAS NO ORIGINAL CICL IS TRANSFERRED TO
RECORD AN AGIRICULTURAL PENAL
FARM

CICL HAS CRIMINAL

RECORD

Summary of Comparison between PD 603 and RA 9344

Silent provisions PD 603 RA 9344
Title Child and Youth welfare Code Juvenile Justice and welfare act
of 2006
Date of Approval December 10, 1974 April 28, 2006
Date of Effectivity June 10, 1975 May 20,2006
Contents Different aspects of juvenile The juvenile justice system
welfare and the juvenile justice
system
Key Terminologies Youthful offender; discernment; Child at risk; child in conflict
suspension of sentence with the law; initial contact with
the child; discernment;
intervention; diversion;
suspension of sentence
Age of criminal Responsibility 9 years old and below 15 years old and below =
/Liability exempted; exempted but will undergo
intervention;
Over 9 but under 15 who acted
without discernment = Over 15 but under 18 who acted
exempted; without discernment =
exempted but will undergo
Over 9 but under 15 who acted intervention;
with discernment with criminal
liability Over 15 but under 18 who acted
with discernment = diversion if
qualified

Over 15 but under 18 who acted

with discernment and
disqualified from diversion =
will undergo prosecution
Civil Liability Not exempted Not exempted
Provision on Intervention None Present
Provision on Diversion None Present
Provision on suspension of Present Present
sentence
Place of detention while DSWD, or local rehabilitation or Custody of parents or youth
undergoing trial detention center, or to the detention home
custody of parents
Place of Detention of case of DSWD, or local rehabilitation or Youth rehabilitation center
suspension of sentence detention center
Maximum duration of Until the child reaches 21 years Until the child reaches 21 years
suspended sentence old old
Place of detention in case Proper penal institution but Penal /agricultural farm
original sentence is imposed or with separate quarters;
 executed agricultural or forestry farms
Eligibility for probation Not eligible Eligible, if qualified as per PD
968
Provision on credit of sentence Present Present
Right to Bail Present Present