Juvenile Delinquency & Juvenile Justice System: Dan Jerome S. Barrera

JUVENILE DELINQUENCY & JUVENILE JUSTICE SYSTEM
Dan Jerome S. Barrera

College of Criminal Justice Education
Negros Oriental State University
MODULE 1
THE NATURE OF JUVENILE DELINQUENCY AND THE PARENT AND
CHILD RIGHTS AND DUTIES
INTRODUCTION
Juvenile delinquency is a hot topic in the Philippines today. Debates abound on

how to properly treat children who have committed crimes. Some argue that children
should be treated as adults; if they would commit crimes, they should pay for it and be
punished accordingly. However, some sectors of the community argue that children
should not be treated as adults and that the law should be lenient towards them,
preferring rehabilitation over incarceration or imprisonment. The current governing law
on juvenile delinquency and juvenile justice, RA 9344 as amended by RA 10630, applies
restorative justice preferring rehabilitation over punitive justice. It presumes the lack of
discernment - the ability to judge well - of children 15 years old and below. Thus, if a
boy ages 12 and rapes another, he shall not be imprisoned but instead be rehabilitated.
In this Module, I will introduce to you the nature of juvenile delinquency and the rights
and responsibilities of parents/guardians and their children in the family. This module is
an introduction to the juvenile justice system topics, to be covered in succeeding
modules. This module will help you understand why our laws favor children and treat
them unlike adults.
COURSE LEARNING OUTCOMES
At the end of this module, you are expected to value the importance of children
and their development and to understand why our laws favor children and not treat
them as adults.
CONTENTS OF THE MODULE
This module contains the following lessons:

Lesson 1: The nature of juvenile delinquency
Lesson 2: Rights and duties of parents and children
This is a work of Dan Jerome S. Barrera of the Negros Oriental State University, College of Criminal
Justice Education. Do not use for commercial purposes.
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DIRECTIONS ON HOW TO USE THE MODULE PROPERLY
In order for you to maximize the use of this module, keep in mind that:
1. This module comprises two lessons and each is discussed with relevant course
content. You may (or may not) read other sources within the limits of your means.
2. You must be mindful of the learning outcomes of this module. Be sure you are
able to attain such aims after studying the entire module.
3. You must answer all learning exercises and activities.
4. You can contact me if you have questions, clarifications or suggestions for the
class.
Lesson 1 - THE NATURE OF JUVENILE DELINQUENCY
SPECIFIC LEARNING OUTCOMES
At the end of this lesson, you shall be able to:

 Discuss the importance of children and their development;
 Discuss the nature of juvenile delinquency;
 Identify theories that explain juvenile delinquency; and
 Analyze the role of family in juvenile delinquency.
MOTIVATING/PROMPTING QUESTIONS
Who is a juvenile delinquent? What is delinquency? What are the factors that lead
to delinquency? Knowing the answers to these questions will help you understand
children and why do they commit crimes. You will learn that many factors lead them to
commit crimes. These are the reasons why the classical perspective using retribution is
less desirable when treating children who have committed crimes. These are the reasons
why we need to separate children from adults who commit crimes. These are the
reasons why we need to be lenient with children in conflict with the law.
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DISCUSSION
Juvenile Delinquency
The word “juvenile” originated from the French word, juvénile, derived from the
Latin word, juvenilis, from juvenis, which means “young person1.” On the other hand,
“delinquency” comes from the Latin word, delinquere, which means “to commit an
offense” or “to err2.” So basically, juvenile delinquency is an offense committed by a
young person.
The Juvenile Justice and Welfare Act of 2006 (Republic Act No. 9344) defines a
young person or child as those who age below 18 years. Juveniles, therefore, are less
than 18 years of age. Moreover,this law does not call them juvenile delinquents when
they commit offenses or crimes but children in conflict with the law.
Under this law, juvenile delinquency refers to either crimes or status offenses.
Crimes are acts (doing something) and omissions (failure to do something) which are
punishable by law. Criminal acts include murder, rape, and homicide; while criminal
omissions include dereliction of duty. On the other hand, status offenses are acts that
only children could incur a penalty if they commit any of such acts, while adults will not
be punished if they commit the same acts. Status offenses include curfew violations,
truancy, running away from home, and parental disobedience.
Types of Juvenile Delinquency

Crimes Status offenses
Acts and omissions punishable by law Acts and omissions punishable if
committed by children
Both children and adults could incur Only children could incur a penalty
penalty
Examples: Rape, murder, homicide Examples: Curfew violations, running
away from home, parental disobedience
Police data show that crimes committed by children have a decreasing trend in
recent years in the Philippines (Macaraeg, 2019). Figures 1 & 2 show the statistics on
crimes committed by children from 2016-2018. It has been argued that the current
juvenile justice system that emphasizes restorative justice in treating children in conflict
with the law contribute to this decreasing trend.
1
https://www.merriam-webster.com/dictionary/juvenile
2
https://www.merriam-webster.com/dictionary/delinquent#etymology
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Figure 1. Number of crimes committed by children aged 11 years old and below from
2016-2018. Taken from Macaraeg (2019).
Figure 2. Number of crimes committed by children aged 12 to 17 years old from 2016 to
2018.
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Explanations of Juvenile Delinquency
The type of explanation of juvenile delinquency influence the how children in

conflict with the law are treated. There are two major branches of explanations of
juvenile delinquency and crimes in general - classical perspective and positivist
perspective (Shoemaker, 2018). Classical theory view children as having free will to
choose between what is good and bad, and therefore, they deserve to be punished
commensurate to the gravity of the offense committed. For example, under the classical
view, if a 13 year old child has murdered another person, he/she should receive the
penalty of reclusion perpetua (20 years and 1 day to 40 years imprisonment). In the eyes
of classical perspective, this is fair treatment. But, positivist perspective argues that this
is unfair.
Positivist perspective argues that juveniles are not totally free in deciding to
commit crimes. There are many other factors that influence children to commit crimes.
Most children do not have discernment (ability to judge well) when committing crime.
They do not have the ability to weigh the short and long term consequences of their
actions due to limited intelligence and knowledge of facts. Some factors might be social
in nature. Others are driven by extreme poverty; others by abusive experiences; others
by negative influences. Thus, in the eyes of the positivist perspective, children who
commit crime should not be treated similarly as that of adults who commit crimes. In
the Philippines, if a child age 13 years old who have murdered another person , he/she
shall not be imprisoned but instead undergo child appropriate proceeding and
community-based intervention programs underpinned by restorative justice.
These are the two major branches of theories that explain juvenile delinquency.
Let us now discuss the specific theories under each of the branches.
Classical perspective
Cesare Becarria founded the classical school of criminology through his book,
On Crimes and Punishment. His ideas opposed the demonological theory, which
espoused the belief that criminal were possessed with evil spirits. He believed that: (1)
people act based on their freewill and (2) people acts to maximize pleasure and
minimize pain. In other words, he argued that it is not evil spirit that causes someone to
commit crimes, but he/she commits crime because it is pleasurable or profits him or her.
Jeremy Bentham, proposed that free will is not the only factor leads one to commit
crime. He proposed that an individual commits crime because of pleasure and
avoidance of pain (utilitarianism). However, he added that there are other factors aside
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from free will that affect decision to commit crime. For example, a drug addict may not
have the full usage of his/her freewill due to the intoxicating effects of drugs. Thus, in
our country, drug addicts are not to be imprisoned but be treated through rehabilitation.
There are modern theories that are built upon the foundations of the classical
perspective. We will now discuss them in detail.
Rational choice theory. Derek Cornish and Ronald Clarke proposed that
rational choice theory that argues that offenders weigh the costs and benefits of the
commission of a crime (Shoemaker, 2018; Fig 3). They view criminals as calculating and
logical individuals. However, this theory has limited application to children. Children do
not fully appreciate the cost and benefits of their actions. They may commit an act just
based on fad or fashion without true criminal intention.
Figure 3. The hedonistic calculus. Taken from study.com.
Routine activity theory. Lawrence Cohen and Marcus Felson argued that for a
crime to occur these three factors must converse in space and time: (1) motivated
offender; (2) suitable target; and (3 absence of capable guardian (Shoemaker, 2018).
Their theory is based on the classical perspective. If an offender who has planned to
steal something has encountered an elderly who has left her bag on a table and there
are no other persons around, the offender is likely to steal that bag or its content. This
theory, too, view the offender as a thinking, calculating criminal. This theory is not fully
capable of explaining crimes committed by children who have less discernment.
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Figure 4. Routine activity triangle. Taken from

https://www.researchgate.net/figure/Application-of-Routine-Activity-Theory-in-Crime-
Source-Choo-2011_fig1_256457215.
Positivist perspective
The positivist perspective originated from the work of Cesare Lombroso, the
father of criminology. His perspective departed from the classical perspective by arguing
that there are other factors aside from free will that influence one to commit crimes.
Lombroso argued that crime was inherited and that there was an association between
bodily characteristics and crime. He proposed the atavism theory or the born criminal
theory. Atavism theory views criminals as atavists - backwards in physical features. That
is, criminals, for this theory, did not evolve into modern human forms. Lombroso (1872
as cited in Wolfgang, 1961, p. 371) said that:
as a rule, the thieves have mobile hands and face; small, mobile, restless,
frequently oblique eyes; thick and closely set eyebrows; flat or twisted nose;
thin beard; hair frequently thin; almost a receding brow. Both they and those
committing rape frequently have ears ad ansa. The latter often have brilliant
eyes, delicate faces, and tumid lips and eyelids; as a rule they are of delicate
structure and sometimes hunchbacked.... The habitual homicides have cold,
glassy eyes, immobile and sometimes sanguine and inflamed; the nose,
always large, is frequently acquiline or, rather, hooked; the jaws are strong,
the cheekbones large, the hair curly, dark, and abundant; the beard is
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frequently thin, the canine teeth well developed and the lips delicate;
frequent nystagmus and unilateral facial contractions, with a baring of the
teeth and a contraction of the jaws .... In general, all criminals have ears ad
ansa, abundant hair, thin beard, prominent frontal sinuses, protruding chin,
large cheekbones, etc."
Since these characteristics were likely inherited, Lombroso argued that crime was
inherited and offenders were born criminals. These assertions were later discredited by
other researchers. However, Lombroso is still considered the father of criminology,
because he was the first person to use scientific method in studying crimes and
criminals. Lombroso’s theory obviously cannot explain juvenile delinquency. We cannot
declare a child a criminal based on his of her physical characteristics. Figure 5 shows
some examples of criminals illustrated by Lombroso.
Figure 5. Examples of criminals illustrated by Lombroso. Taken from

https://www.history.com/news/born-criminal-theory-criminology.
Criminologists followed the footsteps of Lombroso in using the scientific method

in studying criminals. However, they criticized Lombroso’s view that crime is inherited.
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Most of the modern criminologists use other types of factors to explain crime which
include cultural, social, psychological, economic, historical explanations, among others.
Let us now turn to these modern theories.
Social process theories
Differential association theory. This theory was proposed by the father of

American Criminology, Edwin H. Sutherland. Sutherland argued that crime is learned.
They are learned from peers. For instance, if a child lives in a family whose members
always commits crime and he or she has many close friends who commit crimes, he or
she is more likely to commit crimes. The theory has nine general propositions
(Shoemaker, 2018):
1. Crime is learned.
2. Criminal behavior is learned in interaction with other persons in a process of
communication.
3. The principal part of the learning of criminal behavior occurs within intimate
personal groups.
4. When criminal behavior is learned, the learning includes (a) techniques of
committing the crime, which are sometimes very complicated, sometimes very simple,
and (b) the specific direction of motives, drives, rationalizations, and attitudes.
5. The specific direction of motives and drives is learned from definitions of the legal
codes as favorable or unfavorable.
6. A person becomes delinquent because of an excess of definitions favorable to
violation of law over definitions unfavorable to violation of law.
7. Differential associations may vary in frequency, duration, priority, and intensity.
8. The process of learning criminal behavior by associations with criminal and
anticriminal patterns involves all of the mechanisms that are involved in any other
learning.
9. While criminal behavior is an expression of general needs and values, it is not
explained by those general needs and values, since noncriminal behavior is an
expression of the same needs and values.
The theory suggests that delinquency is likely to result when children are exposed
to delinquent attitudes or behavior patterns, which leads children to adopt delinquency
orientation, which in turn leads children to associate with delinquent peers, which finally
lead them to likely commit delinquency. And, committing delinquency will further lead
these children to associate with more delinquent peers. The cycle will go on if not
interrupted.
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Drift theory. David Matza and Gresham Sykes developed the drift or
neutralization theory (Shoemaker, 2018). They argued that children move in and out of
delinquency depending on the circumstances they are in. And, these children tend to
use neutralization techniques to diminish their delinquent acts. Figure 7 shows the type
of neutralization techniques normally used by juvenile delinquents.
Figure 7. Neutralization techniques used by delinquents. Taken from

https://www.tutor2u.net/sociology/reference/matza-subterranean-values-and-drift-
explained
General strain theory. General strain theory was proposed by Robert Agnew
(Shoemaker, 2018). They theory is an upgrade of Robert Merton’s anomie or strain
theory, which argued that people commit crime when they fail to achieve their social
(economic) goal and experience frustration. In this, theory Merton proposed that people
have different reactions to frustrations: some reactions may lead to crime and some do
not.
Agnew upgraded Merton’s theory by adding more strains aside from

social/economic ones. The first strain is failure to achieve goals which could include
failure in school or being unemployed. The second is presentation of negative stimuli
which include bullying, abuse, discrimination, or victimization. And, the third one is
removal of positive stimuli like death of a loved one or being left by a sweetheart. Figure
8 shows Merton’s strain theory, while Figure 9 shows the general strain theory by Agnew.
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Figure 8. Illustration of Merton’s anomie theory. Taken from

https://slideplayer.com/slide/9303926/.
Figure 9. General strain theory. Taken from https://en.wikiversity.org/wiki/File:Strain-

theory.jpg.
Social control theories
Containment theory. This theory was proposed by Walter Reckless. According to

this theory, delinquency is a result of several push and pull process towards crime and
the corresponding containment or restraint against crime (Shoemaker, 2018). There are
factors that pull or push a child toward crime, but he or she has outer and internal
controls that contain or restrain him or her from committing crime. Figure 8 shows the
illustration of the theory.
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Figure 8. Containment theory. Taken from https://slideplayer.com/slide/8621141/.
Social bond or social control theory. Social bond theory was proposed by
Travis Hirschi (Shoemaker, 2018). Hirchi argued that when children develop strong
attachments with their family, school, and the law they are less likely to commit crimes.
Conversely, if the child has weak attachment, involvement, commitment, and belief,
delinquency is more likely. Social bond theory has three elements as shown in Figure 8.
Figure 8. Social bond theory elements. Taken from

https://raxyjylypywiw.turkiyeninradyotelevizyonu.com/hirschis-social-bonding-theory-
essay-19602wo.html
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Family and delinquency
Aside from the theories discussed above, criminologists and other researchers
have also studied the role of the family as a source of delinquency (Shoemaker, 2018).
One of the important topics studied in this area is the relationship between broken
homes and delinquency. A home is considered broken when the parents of the child
separate. Another factor that lead to delinquency is family relationships. Negative
family relationship include insufficient supervision from parents, lack of discipline, lack of
affection, and lack of cohesiveness in the family, which could lead to delinquency.
“Inheritance” of delinquency is also an important subject matter. Some argue

that crime is inherited from criminal parents/guardians. But, it could be that children just
learned how to commit crimes by observing their parents/guardians and not necessarily
that crime is passed to them genetically. Corporal punishment and delinquency is also
studied in this study area. Corporal punishments such as spanking or using any physical
punishment toward a child may lead to delinquency. Child abuse is also an important
familial factor that leads to delinquency among children. Abuses include physical,
emotiona, psychological, and economic abuse. When children are abused at a young
age, they are more likely to commit delinquency.
The brain and delinquency
Aside form the above-discussed theories and factors, the under-developed brains
of children also impacts their decision to commit delinquency. Scientific evidence says
that brains, especially the pre-frontal cortex, do not fully develop until 25 years old
(Madarang, 2019). Children age 16 years old and above are only able to make informed
decisions when guided. Thus, our law totally exempts from criminal liability children who
age at exactly 15 years old or below; while hold them legally responsible if they are
above 15 years old and below 18 whey they acted with discernment when committing a
crime.
LEARNING ACTIVITIES/EXERCISES
Instruction: Take a video of yourself while discussing each of the following items below.
Send the videos to the FB Page DJB Criminology Students. Indicate your campus,
subject, section, and full name. Thanks. God bless.
1. Differences between classical and positivist school of criminology in explaining

delinquency. (1 minute-2 minutes)
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2. Why should we not imprison children 15 years old and below? (1 minute-2 minutes)
TEACHER INTEVENTION
Should you have queries/clarifications related to our class, please send me a

message through FB messenger (FB Account: Dan Jerome Barrera). Submit your outputs
to the FB Page DJB Criminology Students.
ASSESSMENT
Instruction: Write your answers on one yellow pad paper (250 words per item). Take a
photo of yourself (in Type A or B uniform) answering the questions and the yellow pad
pages. Send the photos to the FB Page DJB Criminology Students. Indicate your
campus, subject, section, and full name. Thanks. God bless.
1. What is the nature of juvenile delinquency? (250 words)

2. Discuss the relationship between brain and delinquency? (250 words)
3. For you, what are the 3 best theories that could explain delinquency? Why? (250
words)
ASSIGNMENT
photo of yourself answering the questions and the yellow pad pages. Send the photos
to the FB Page DJB Criminology Students. Indicate your campus, subject, section, and
full name. Thanks. God bless.
1. What were the challenges you faced in working with this module? How did you
deal with them? (100 words)
2. What were the interesting things you discovered upon working with this module?
(100 words)
REFERENCES
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Macaraeg, P. (2019, January 29). How many child criminals are there in the Philippines?
Esquire. Retrieved from https://www.esquiremag.ph/politics/news/children-crime-
statistics-philippines-a00287-20190129
Madarang, C.R.S. (2019, January 23). Should we lower age of criminal responsibility?
What science says. Interaksyon. Retrieved from
https://interaksyon.philstar.com/politics-issues/2019/01/23/142578/scientific-
studies-lowering-age-criminal-responsibility-liability-philippines-9-15/.
Shoemaker, D.J. (2018). Juvenile delinquency. Lanham, MD: Rowman & Littlefield.
Wolfgang, M. E. (1961). Pioneers in Criminology: Cesare Lombroso (1825-1909). J. Crim.

L. Criminology & Police Sci., 52, 361.
LESSON 2 - RIGHTS AND DUTIES OF PARENTS AND CHILDREN
SPECIFIC LEARNING OUTCOMES
After reading this lesson, you shall be able to:

 Respect the rights of children and parents; and
 Observe the duties of a child and parents;
MOTIVATING/PROMPTING QUESTION
What are rights and duties of parents toward their children? How about their
children? Do children have rights? How about their duties? In this lesson, I will introduce
you to the legal rights and duties of both parents and children in the Philippines.
DISCUSSION
Rights of Children
The 1987 Philippine Constitution provides the foundation for the rights of
children. The following are the constitution provisions that promote rights of children:
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Article XIII, Sec 11: “The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make essential goods,
health and other social services available to all the people at affordable cost.
There shall be priority for the needs of the under-privileged, sick, elderly, disabled,
women, and children. The State shall endeavor to provide free medical care to
paupers.”
Article XIV, Sec. 2(Para. 2): “Establish and maintain, a system of free public
education in the elementary and high school levels. Without limiting the natural
rights of parents to rear their children, elementary education is compulsory for all
children of school age;”
Article XIV, Sec. 2(Para. 3): “Establish and maintain a system of scholarship
grants, student loan programs, subsidies, and other incentives which shall be
available to deserving students in both public and private schools, especially to
the under-privileged;”
Article XV, Sec. 3, (Para. 2): “The right of children to assistance, including proper
care and nutrition, and special protection from all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial to their development;”
Article 3 of the Presidential Decree

603 (Child and Youth Welfare Code) provides
the rights and responsibilities of Filipino
children, to wit:
(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 https://www.pinterest.ph/pin/384917099388997040/
parlance, and has, therefore, the right

to be born well.
(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. The dependent or abandoned child shall be provided with
the nearest substitute for a home.
(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.
The gifted child shall be given opportunity and encouragement to develop his
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special talents. The emotionally disturbed or socially maladjusted child shall be

treated with sympathy and understanding, and shall be entitled to treatment
and competent care. The physically or mentally handicapped child shall be
given the treatment, education and care required by his particular condition.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Duties of children
Children have duties, too. Some

people are preoccupied with claiming their
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rights forgetting that they have duties and responsibilities, too. Article 4 of the PD 603
provides for the duties or responsibilities of children:
(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.
Rights of parents
Parents have vested rights over their children, too. PD 603 provides for their
general rights:
Article 43: “Primary Right of Parents. The parents shall have the right to the
company of their children and, in relation to all other persons or institutions
dealing with the child's development, the primary right and obligation to
provide for their upbringing.”
Article 44. “Rights Under the Civil Code. Parents shall continue to exercise the
rights mentioned in Articles 316 to 326 of the Civil Code over the person and
property of the child.”
Article 45. “Right to Discipline Child. Parents have the right to discipline the
child as may be necessary for the formation of his good character, and may
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therefore require from him obedience to just and reasonable rules, suggestions
and admonitions.”
The Civil Code of the Philippines provides also some rights of a parent, to wit:
Article 316. The father and the mother have, with respect to their
unemancipated children: (1) The duty to support them, to have them in their
company, educate and instruct them in keeping with their means, and to
represent them in all
actions which may
redound to their benefit;
(2) The power to correct
them and to punish them
moderately.
Article 317. The courts may

appoint a guardian of the
child's property, or a
guardian ad litem when https://www.verywellfamily.com/types-of-child-discipline-1095064
the best interest of the child so requires.

Article 318. Upon cause being shown by the parents, the local mayor may aid
them in the exercise of their authority over the child. If the child is to be kept in
a children's home or similar institution for not more than one month, an order
of the justice of the peace or municipal judge shall be necessary, after due
hearing, where the child shall be heard. For his purpose, the court may appoint
a guardian ad litem.
Article 319. The father and the mother shall satisfy the support for the detained
child; but they shall not have any intervention in the regime of the institution
where the child is detained. They may lift the detention when they deem it
opportune, with the approval of the court.
Article 320. The father, or in his absence the mother, is the legal administrator of
the property pertaining to the child under parental authority. If the property is
worth more than two thousand pesos, the father or mother shall give a bond
subject to the approval of the Court of First Instance.
Article 321. The property which the unemancipated child has acquired or may
acquire with his work or industry, or by any lucrative title, belongs to the child
in ownership, and in usufruct to the father or mother under whom he is under
parental authority and in whose company he lives; but if the child, with the
parent's consent, should live independently from them, he shall be considered
20
as emancipated for all purposes relative to said property, and he shall have
over it dominion, usufruct and administration.
Article 322. A child who earns money or acquires property with his own work or
industry shall be entitled to a reasonable allowance from the earnings, in
addition to the expenses made by the parents for his support and education.
Article 323. The fruits and interest of the child's property referred to in article
321 shall be applied first to the expenses for the support and education of the
child. After they have been fully met, the debts of the conjugal partnership
which have redounded to the benefit of the
family may be paid from said fruits and interest.
Article 324. Whatever the child may acquire
with the capital or property of the parents
belongs to the latter in ownership and in
usufruct. But if the parents should expressly
grant him all or part of the profits that he may
obtain, such profits shall not be charged against
his legitime.
Article 325. The property or income donated,
bequeathed or devised to the unemancipated
child for the expenses of his education and
instruction shall pertain to him in ownership and
usufruct; but the father or mother shall administer the same, if in the donation
or testamentary provision the contrary has not been stated.
Article 326. When the property of the child is worth more than two thousand
pesos, the father or mother shall be considered a guardian of the child's
property, subject to the duties and obligations of guardians under the Rules of
Court.
Duties of parents
Article 46 of PD 603 provides the duties of parents, to wit:
1. To give him affection, companionship and understanding;

2. To extend to him the benefits of moral guidance, self-
discipline and religious instruction;
3. To supervise his activities, including his recreation;
4. To inculcate in him the value of industry, thrift and self-
reliance;
5. To stimulate his interest in civic affairs, teach him the
duties of citizenship, and develop his commitment to his shorturl.at/uKZ67
21
country;
6. To advise him properly on any matter affecting his development and well-
being;
7. To always set a good example;
8. To provide him with adequate support, as defined in Article 290 of the Civil
Code; and
9. To administer his property, if any, according to his best interests, subject to the
provisions of Article 320 of the Civil Code.
LEARNING ACTIVITIES/EXERCISES
Instruction: Take a video of yourself while discussing each of the following items below.
Send the videos to the FB Page DJB Criminology Students. Indicate your campus,
subject, section, and full name. Thanks. God bless.
1. Tell at least 3 children in your family his or her rights and responsibilities in
Cebuano language.
2. Tell at least 3 parents their rights and responsibilities in Cebuano language.
TEACHER INTEVENTION
Should you have queries/clarifications related to our class, please send me a

message through FB messenger (FB Account: Dan Jerome Barrera). Submit your outputs
to the FB Page DJB Criminology Students.
ASSESSMENT
Instruction: Write your answers on as many yellow pad pages you would need.
Take a photo of yourself (in Type A or Type B uniform) answering the questions and the
yellow pad pages. Send the photos to the FB Page DJB Criminology Students. Indicate
your campus, subject, section, and full name. Thanks. God bless.
ASSIGNMENT
photo of yourself answering the questions and the yellow pad pages. Send the photos
22
to the FB Page DJB Criminology Students. Indicate your campus, subject, section, and
full name. Thanks. God bless.
1. What were the challenges you faced in working with this module? How did you
deal with them?
2. What were the interesting things you discovered upon working with this module?
References
Child and Youth Welfare Code (Presidential Decree 603)

Civil Code of the Philippines
1987 Philippine Constitution
23
Bible Verses When You are Tired
Isaiah 40:28-29 “He does not faint or grow weary; his understanding is unsearchable.
He gives power to the faint, and to him who has no might he increases
strength.”
Matthew 11:28-29 “Come to me, all who labor and are heavy laden, and I will give you
rest. Take my yoke upon you, and learn from me, for I am gentle and lowly in
heart, and you will find rest for your souls. For my yoke is easy, and my burden
is light.”
1 Peter 5:6-7 “Humble yourselves, therefore, under the mighty hand of God so that at
the proper time he may exalt you, casting all your anxieties on him, because he
cares for you.”
Isaiah 40:31 “But they who wait for the Lord shall renew their strength; they shall
mount up with wings like eagles; they shall run and not be weary; they shall
walk and not faint.”
Jeremiah 31:25 “For I will satisfy the weary soul, and every languishing soul I will
replenish.”
Galatians 6:9 “And let us not grow weary of doing good, for in due season we will reap,
if we do not give up.”

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JUVENILE DELINQUENCY & JUVENILE JUSTICE SYSTEM

Dan Jerome S. Barrera

Juvenile delinquency is a hot topic in the Philippines today. Debates abound on

COURSE LEARNING OUTCOMES

CONTENTS OF THE MODULE

This module contains the following lessons:

DIRECTIONS ON HOW TO USE THE MODULE PROPERLY

Lesson 1 - THE NATURE OF JUVENILE DELINQUENCY

SPECIFIC LEARNING OUTCOMES

At the end of this lesson, you shall be able to:

Types of Juvenile Delinquency

Explanations of Juvenile Delinquency

The type of explanation of juvenile delinquency influence the how children in

Figure 3. The hedonistic calculus. Taken from study.com.

Figure 4. Routine activity triangle. Taken from

Figure 5. Examples of criminals illustrated by Lombroso. Taken from

Criminologists followed the footsteps of Lombroso in using the scientific method

Social process theories

Differential association theory. This theory was proposed by the father of

Figure 7. Neutralization techniques used by delinquents. Taken from

Agnew upgraded Merton’s theory by adding more strains aside from

Figure 8. Illustration of Merton’s anomie theory. Taken from

Figure 9. General strain theory. Taken from https://en.wikiversity.org/wiki/File:Strain-

Social control theories

Containment theory. This theory was proposed by Walter Reckless. According to

Figure 8. Containment theory. Taken from https://slideplayer.com/slide/8621141/.

Figure 8. Social bond theory elements. Taken from

Family and delinquency

“Inheritance” of delinquency is also an important subject matter. Some argue

The brain and delinquency

1. Differences between classical and positivist school of criminology in explaining

Should you have queries/clarifications related to our class, please send me a

1. What is the nature of juvenile delinquency? (250 words)

Wolfgang, M. E. (1961). Pioneers in Criminology: Cesare Lombroso (1825-1909). J. Crim.

LESSON 2 - RIGHTS AND DUTIES OF PARENTS AND CHILDREN

SPECIFIC LEARNING OUTCOMES

After reading this lesson, you shall be able to:

Article 3 of the Presidential Decree

(1) Every child is endowed with the

parlance, and has, therefore, the right

special talents. The emotionally disturbed or socially maladjusted child shall be

Children have duties, too. Some

Article 317. The courts may

the best interest of the child so requires.

Article 46 of PD 603 provides the duties of parents, to wit:

1. To give him affection, companionship and understanding;

Should you have queries/clarifications related to our class, please send me a

Child and Youth Welfare Code (Presidential Decree 603)

Bible Verses When You are Tired

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