JUVENILE

JUVENILE DELINQUENCY
COLLEGE OF CRIMINOLOGY
LECTURER: AGUIRRE, JP
NEED TO KNOW CONCEPTS
• CHILD AT RISK - refers to a child who is vulnerable

to any at the risk of committing criminal offense
because of personal, family and social
circumstances, such as, but not limited to, the
following circumstances provided for by law
CHILDREN IN CONFLICT WITH THE LAW
(CICL)
refers to a child is alleged as, accused of, or

adjudged as, having committed an offense
under Philippine Laws
Diversion - refers to an alternative, child-appropriate process
of determining the responsibility and treatment of a child
in conflict with the law on the basis of his/her social,
cultural, economic, psychological or educational
background without resorting to formal court proceedings
Intervention – refers to a series of activities 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 counselling, skills training,
education and other activities that will enhance his/her
psychological, emotional and psycho-social well being.
Recognizance – refers to an undertaking in lieu of a
bond assumed by a parent or custodian who shall
be responsible for the appearance in court of the
child in conflict with the law.
Status Offense - Refers to an act or omission which

if committed by an adult may not be considered
punishable but which are generally considered
wrong once committed a minor
RA 9344 - AN ACT ESTABLISHING A
COMPREHENSIVE JUVENILE JUSTICE AND
WELFARE SYSTEM, CREATING THE JUVENILE
JUSTICE AND WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES
10630 amended
• Suspension of sentence
• Minimum age of Criminal Responsibility
• Establishment of JJWC
PRESUMPTION OF MINORITY – until proven otherwise
May be determined by:
1. Birth Certificate
2. Baptismal Certificate or other pertinent document
In the absence of these documents

1. information of the child about himself
2. Testimony of other persons
3. Physical Appearance
In case of doubt, resolve in favor of presumption

INITIAL CONTACT WITH THE CHILD
PROCEDURE FOR TAKING THE CHILD INTO CUSTODY
THE LAW ENFORCER, FROM THE MOMENT A CHILD IS TAKEN:
Explain to the child in simple language and in a dialect, that he/she can
understand why he/she is being placed under custody and the
offense that he/she allegedly committed;
Inform the child of the reason for such custody and advise the child of
his/her constitutional rights in a language or dialect understood by
him/her;
Properly identify himself/herself and present proper identification to the
child;
Refrain from using vulgar or profane words and from sexually harassing
or abusing, or making sexual advances on the child in conflict with the
law
Avoid 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;
Refrain from subjecting the child in conflict with the law to greater
restraint than is necessary for his/her apprehension;
Avoid violence or unnecessary force
Determine the age of the child pursuant to Section 7 of this Act;
Immediately but not later than eight (8) hours after apprehension, turn
over custody of the child to the Social Welfare and Development
Office or other accredited NGOs, and notify the child's apprehension.
The social welfare and development officer shall explain to the child
and the child's parents/guardians the consequences of the child's act
with a view towards counseling and rehabilitation, diversion from the
criminal justice system, and reparation, if appropriate;
Take the child immediately to the proper medical and health officer for a
thorough physical and mental examination. The examination results
shall be kept confidential unless otherwise ordered by the Family
Court. Whenever the medical treatment is required, steps shall be
immediately undertaken to provide the same;
Ensure that should detention of the child in conflict with the law be
necessary, the child shall be secured in quarters separate from that of
the opposite sex and adult offenders;
Ensure that all statements signed by the child during investigation shall
be witnessed by the child's parents or guardian, social worker, or legal
counsel in attendance who shall affix his/her signature to the said
statement.
A child in conflict with the law shall only be searched by a law

enforcement officer of the same gender and shall not be locked up in
a detention cell
CONDITIONS FOR DIVERSION PROGRAM
1. Where the imposable penalty for the crime committee is not more
than six (6) years imprisonment, the law enforcement officer or
Punong Barangay with the assistance of the local social welfare and
development officer or other members of the LCPC shall conduct
mediation, family conferencing and conciliation and, where
appropriate, adopt indigenous modes of conflict resolution in
accordance with the best interest of the child with a view to
accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family shall
be present in these activities
CONDITIONS FOR DIVERSION PROGRAM
2. In victimless crimes where the imposable penalty is not more than six
(6) years imprisonment, the local social welfare and development
officer shall meet with the child and his/her parents or guardians for
the development of the appropriate diversion and rehabilitation
program, in coordination with the BCPC;
3. Where the imposable penalty for the crime committed exceeds six (6)
years imprisonment, diversion measures may be resorted to only by
the court
FACTORS IN DEERMINING DIVERSION PROGRAM
(a) The nature and circumstances of the offense charged;

(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d) The influence of the family and environment on the growth of the
child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the child;
(g) The safety of the community; and
(h) The best interest of the child
Juvenile Delinquency
Refers to an anti-social act or behavior of a child which deviates from the

normal pattern of rules and regulations, custom and culture which
society does not accept and which there justifies some kind of
punishment or corrective measures. A delinquent is one whose
behavior has brought a minor or child in repeated conflict with the
law
Types of Delinquency
1. Environmental – Characterized by occasional law

breaking
2. Emotional Maladjustment – characterized by

chronic law breaking habit which a person
cannot avoid
3. Psychiatric – characterized by serious emotional
disturbances within an individual and in some
cases, associated with mental illness
Types of Delinquent Youth
1. Social (Socialized) – those who become delinquent due to their
association with people in the society to who they learned deviant
values and later become an aggressive type who recent the
authority of anyone who make an effort to control his behavior
2. Neurotic – those who become delinquent as a result of distortion in
their personality and their ideas and perception of the world around
them. Internalize these conflicts and pre-occupied with his own
feelings.
3. Asocial – one whose delinquent acts have a cold, brutal and vicious
quality for which the youth feels no remorse.
4. Accidental – he is less identifiable in character, essentially socialize
law abiding but too happen to be at the wrong place at the wrong
time and becomes involve in some delinquent act not typical of his
general behavior

JUVENILE

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JUVENILE DELINQUENCY

• CHILD AT RISK - refers to a child who is vulnerable

refers to a child is alleged as, accused of, or

Intervention – refers to a series of activities designed to

Status Offense - Refers to an act or omission which

May be determined by:

In the absence of these documents

In case of doubt, resolve in favor of presumption

PROCEDURE FOR TAKING THE CHILD INTO CUSTODY

THE LAW ENFORCER, FROM THE MOMENT A CHILD IS TAKEN:

Avoid displaying or using any firearm, weapon, handcuffs or other

Avoid violence or unnecessary force

Determine the age of the child pursuant to Section 7 of this Act;

A child in conflict with the law shall only be searched by a law

(a) The nature and circumstances of the offense charged;

Refers to an anti-social act or behavior of a child which deviates from the

1. Environmental – Characterized by occasional law

2. Emotional Maladjustment – characterized by

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