CHAPTER 2

Review of Related Literature

This chapter presents the review of related literature both local and foreign setting
which have significant bearings with the present study.

FOREIGN SETTING

1750-1850: from Almshouses to houses of refuge

Prior to the establishment of todays juvenile justice system, troubled children were

offered intervention effort focused on family control, in the addition to use of the

almshouses- locked, one- room buildings that house many types of people with many

defferent problems during the later 1700s, the family was responsible for control of

children, with the most common response by the community being to remove children

and place them with other families ( a philosophy and legal doctrine that came to be

known as in loco parentis); typically, this happened because of poverty. Many times,

this children were" bound out," becoming indentured servants for the new family as a

form of social control of troubled children. if there was no suitable placement with a

family, however, an almshouse was one of the few community alternatives ( bremner,

barnerd ,hareven,& mennel , 1970; grob, 1994, Rothman,1971).

"Almshouse in Boston" observed a commitee in 1790 is perhaps, the only instance

known where persons of every description and disease are lodged under the same roof

and in some instances in the same contigious apartment, by which means the sick are

disturbed by the noises of the healthy,and the infirm rendered liable to the vices and

diseases of the diseased, and profligate."(Grob,2008,p14.)

LOCAL SETTING
I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers vested in me by the Constitution, do hereby order and decree the
following:

Article 1. Declaration of Policy. - The Child is one of the most important assets of
the nation. Every effort should be exerted to promote his welfare and enhance
his opportunities for a useful and happy life.chanrobles virtual law library
The child is not a mere creature of the State. Hence, his individual traits and
aptitudes should be cultivated to the utmost insofar as they do not conflict with
the general welfare.chanrobles virtual law library
The molding of the character of the child start at the home. Consequently, every
member of the family should strive to make the home a wholesome and
harmonious place as its atmosphere and conditions will greatly influence the
child's development.chanrobles virtual law library
Attachment to the home and strong family ties should be encouraged but not to
the extent of making the home isolated and exclusive and unconcerned with the
interests of the community and the country.chanrobles virtual law library
The natural right and duty of parents in the rearing of the child for civic
efficiency should receive the aid and support of the government.chanrobles
virtual law library
Other institutions, like the school, the church, the guild, and the community in
general, should assist the home and the State in the endeavor to prepare the child
for the responsibilities of adulthood.chanrobles virtual law library

Art. 2. Title and Scope of Code. - The Code shall be known as the "Child and
Youth Welfare Code". It shall apply to persons below twenty-one years of age
except those emancipated in accordance with law. "Child" or "minor" or
"youth" as used in this Code, shall refer to such persons.chanrobles virtual law
library

Art. 3. 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,
religion, political antecedents, and other factors.chanrobles virtual law library
(1) Every child is endowed with the dignity and worth of a human being from
the moment of his conception, as generally accepted in medical parlance, and
has, therefore, the right to be born well.chanrobles virtual law library
(2) Every child has the right to a wholesome family life that will provide him
with love, care and understanding, guidance and counseling, and moral and
material security.chanrobles virtual law library
The dependent or abandoned child shall be provided with the nearest
substitute for a home.chanrobles virtual law library
(3) Every child has the right to a well-rounded development of his personality
to the end that he may become a happy, useful and active member of
society.chanrobles virtual law library
The gifted child shall be given opportunity and encouragement to develop his
special talents.chanrobles virtual law library
The emotionally disturbed or socially maladjusted child shall be treated with
sympathy and understanding, and shall be entitled to treatment and
competent care.chanrobles virtual law library.
The physically or mentally handicapped child shall be given the treatment,
education and care required by his particular condition.chanrobles virtual law library
(4) Every child has the right to a balanced diet, adequate clothing, sufficient
shelter, proper medical attention, and all the basic physical requirements of a
healthy and vigorous life.chanrobles virtual law library
(5) Every child has the right to be brought up in an atmosphere of morality
and rectitude for the enrichment and the strengthening of his
character.chanrobles virtual law library
(6) Every child has the right to an education commensurate with his abilities
and to the development of his skills for the improvement of his capacity for
service to himself and to his fellowmen.chanrobles virtual law library
(7) Every child has the right to full opportunities for safe and wholesome
recreation and activities, individual as well as social, for the wholesome use of
his leisure hours.chanrobles virtual law library
(8) Every child has the right to protection against exploitation, improper
influences, hazards, and other conditions or circumstances prejudicial to his
physical, mental, emotional, social and moral development.chanrobles virtual
law library
(9) Every child has the right to live in a community and a society that can
offer him an environment free from pernicious influences and conducive to
the promotion of his health and the cultivation of his desirable traits and
attributes.chanrobles virtual law library
 (10) Every child has the right to the care, assistance, and protection of the
State, particularly when his parents or guardians fail or are unable to
provide him with his fundamental needs for growth, development, and
improvement.chanrobles virtual law library
(11) Every child has the right to an efficient and honest government that will
deepen his faith in democracy and inspire him with the morality of the
constituted authorities both in their public and private lives.chanrobles
virtual law library
(12) Every child has the right to grow up as a free individual, in an
atmosphere of peace, understanding, tolerance, and universal brotherhood,
and with the determination to contribute his share in the building of a better
world.chanrobles virtual law library
Art. 4. Responsibilities of the Child. - Every child, regardless of the
circumstances of his birth, sex, religion, social status, political antecedents and
other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of
his religion, the teachings of his elders and mentors, and the biddings of a
clean conscience;
(2) Love, respect and obey his parents, and cooperate with them in the
strengthening of the family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and
helpfulness, and endeavor with them to keep the family harmonious and
united;
(4) Exert his utmost to develop his potentialities for service, particularly by
undergoing a formal education suited to his abilities, in order that he may
become an asset to himself and to society;
(5) Respect not only his elders but also the customs and traditions of our
people, the memory of our heroes, the duly constituted authorities, the laws
of our country, and the principles and institutions of democracy;

(6) Participate actively in civic affairs and in the promotion of the general
welfare, always bearing in mind that it is the youth who will eventually be
called upon to discharge the responsibility of leadership in shaping the
nation's future; and
 (7) Help in the observance of individual human rights, the strengthening of
freedom everywhere, the fostering of cooperation among nations in the
pursuit of their common aspirations for programs and prosperity, and the
furtherance of world peace.chanrobles virtual law library
Art. 5. Commencement of Civil Personality. - The civil personality of the child
shall commence from the time of his conception, for all purposes favorable to
him, subject to the requirements of Article 41 of the Civil Code.chanrobles
virtual law library
Art. 6. Abortion. - The abortion of a conceived child, whether such act be
intentional or not, shall be governed by the pertinent provisions of the Revised Penal
Code.chanrobles virtual law library
Art. 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept
strictly confidential and no information relating thereto shall be issued except on the
request of any of the following:
(1) The person himself, or any person authorized by him;
(2) His spouse, his parent or parents, his direct descendants, or the guardian or
institution legally in-charge of him if he is a minor;
(3) The court or proper public official whenever absolutely necessary in
administrative, judicial or other official proceedings to determine the identity of
the child's parents or other circumstances surrounding his birth; and
(4) In case of the person's death, the nearest of kin.chanrobles virtual law library
Any person violating the prohibition shall suffer the penalty of imprisonment of at
least two months or a fine in an amount not exceeding five hundred pesos, or both, in
the discretion of the court.chanrobles virtual law library
Art. 8. Child's Welfare Paramount. - In all questions regarding the care, custody,
education and property of the child, his welfare shall be the paramount
consideration.chanrobles virtual law library
Art. 9. Levels of Growth. - The child shall be given adequate care, assistance and
guidance through his various levels of growth, from infancy to early and later
childhood, to puberty and adolescence, and when necessary even after he shall have
attained age 21.chanrobles virtual law library
Art. 10. Phases of Development. - The child shall enjoy special protection and shall be
given opportunities and facilities, by law and by other means, to ensure and enable his
fullest development physically, mentally, emotionally, morally, spiritually and
socially in a healthy and normal manner and in conditions of freedom and dignity
appropriate to the corresponding developmental stage.chanrobles virtual law library
Art. 11. Promotion of Health. - The promotion of the Child's health shall begin with
adequate pre-natal and post-natal care both for him and his mother. All appropriate
measures shall be taken to insure his normal total development.chanrobles virtual law
library
It shall be the responsibility of the health, welfare, and educational entities to assist
the parents in looking after the health of the child.chanrobles virtual law library
Art. 12. Education. - The schools and other entities engaged in non-formal education
shall assist the parents in providing the best education for the child.chanrobles virtual
law library
Art. 13. Social and Emotional Growth. - Steps shall be taken to insure the child's
healthy social and emotional growth. These shall be undertaken by the home in
collaboration with the schools and other agencies engaged in the promotion of child
welfare.chanrobles virtual law library
Art. 14. Morality. - High moral principles should be instilled in the child, particularly
in the home, the school, and the church to which he belongs.chanrobles virtual law
library
Art. 15. Spiritual Values. - The promotion of the child's spiritual well-being according

to the precepts of his religion should, as much as possible, be encouraged by the