TABLE OF CONTENTS

Page
I. Introduction - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 – 2
II. Definition of Juvenile Delinquency
III. Objectives

IV. Chapter I
A. Nature of Delinquency - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3 – 6
B. Types of Delinquent Youth
C. Different APPROACH Toward Delinquency
D. Types of Behavioral Disorder
E. Causes of Behavioral Disorder

V. Chapter 2
A. Casual Factors in Juvenile Delinquency - - - - - - - - - - - - - - - - - - - - - - -- - - - -7 – 13
B. Family
C. Environment
D. School
E. Other Department or Agencies of the Government
F. Other Factors
G. Juvenile Gangs

VI. Chapter 3
A. Delinquency as a Police Problem - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -14 – 20
B. Suggestive Remedy
C. Control and Prevention
D. Police Responsibility
E. How the Patrolman can help to Prevent delinquency?

VII. Chapter 4
A. P. D. 603 as amended - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -21 – 41
B. General Principles
C. Rights of the Child
D. Duties of Parents
E. Liabilities of a Parents
F. Child and Youth Welfare
G. Education
H. Church
I. Community
J. Samahan
K. State
L. Community Bodies dealing with Child Welfare
1. Barangay Councils
2. Civic Association of Adults
3. Youth Association and Students Organization
M. Grounds for the Revocation or Suspension of a License
N. Agencies Under the DSWD
O. Special Categories of Children
S. Youthful Offenders

VIII. Chapter 5
A. Republic Act No. 7610 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 42 – 55
B. Definition of Terms
C. Child Prostitution and Other Sexual Abuse
D. Child Trafficking
E. Obscene Publication and Indecent Shows
F. Other Acts of Abuse
 G. Sanctions for Establishments and/or Enterprises
H. Employment of Children
I. Who may file a complaint?

I. INTRODUCTION

Juvenile delinquency is not a simple term, it means different things to different

individuals, and it means different things to different groups.
In popular usage, the term juvenile delinquency is used to describe a large number of
disapproved behaviors of children and youth. In this sense, almost anything that the youth does
that others do not like is called juvenile delinquency.

Juvenile delinquency are major problems that a society is suffering and will continue to
suffer until there is a significant social and economics changes take place resulting in redirection
of many young’s people behavior and efforts. To prevent and control delinquency, we must first
know something about the nature of delinquency and the dimensions of the problems. We need to
know how serious delinquency is? Who are the youth involved? We also need knowledge about
the people who become delinquent, an information such as where most delinquent live and under
what economic conditions.

II. DEFINITION OF JUVENILE DELINQUENCY

Juvenile delinquency refers to an anti social act or behavior which deviates from the
normal pattern of rules ad regulation, custom and culture which society does not accept and
which, therefore, justifies some kind of admonishment, punishment and corrective measures in
the public interest, and it is being committed by minors. However, those person adjudged to be
delinquent under an age fixed by law are called juvenile delinquent.

III. OBJECTIVE OF STUDYING JUVENILE DELINQUENCY

The study of delinquency examines why juveniles break the law, considers the impact of
the family, the neighborhood, and the school on delinquent behavior; examines the behaviors and
social characteristics of juvenile delinquents and discusses the measures and problems needed to
prevent and control delinquent behavior. The following are some of the objectives in studying it:
to determines it nature and extent and crime in the Philippines today;
to ascertain the various factors, reasons, causes that made up juvenile delinquency; and
to adopt adequate measures toward the prevention, suppression and recurrence of juvenile
delinquency in the Philippines society.

IV. Chapter 1

A. NATURE OF DELINQUENCY

A delinquent is one whose behavior is brought him into repeated conflict with the law,
regardless of whether he has been taken before the court and adjudged a delinquent. Moreover, it
is often a result of a combination of some factors, some of which may be found in the
environment of the child and others within the child himself. Its nature therefore will be differ,
because of the environmental forces and because of the nature of the child.

B. TYPES OF DELINQUENT YOUTH

1.Social – an aggressive youth who recents the authority of anyone who make an effort to
control his behavior.
2. Neurotic – he has internalized his conflicts and preoccupied with his own feelings
3. Asocial – his delinquent at have a cold, brutal, ficious quality for which the youth feels
no humors.
 4. Accidental – he is less identifiable in his character, essentially socialize law abiding
but too happens to be at the wrong place at the wrong time and becomes involved in some
delinquent act not typical of his general behavior.

C. EXERCISE NO. 1

Name: Year and Section -

1)Look up the meaning of the following terms:

1. Delinquency
2. Exploitation
3. Heredity
4. Vagrancy
5. Feeble mindedness
6. Alcoholism
7. Drug addiction
8. Truancy
9. Allegiance
10. Cruelty

2) Why is it important to study juvenile delinquency as a major problem that a society is

suffering?

D. DIFFERENT APPROACH TOWARD DELINQUENCY

1. BIOGENIC APPROACH

Biogenic views the law-breaker as a person whose misconduct is the result of faulty biology. The
offender is a hereditary defective, suffers from endocrine imbalance or brain pathology, his or her
body structure and temperament pattern have produced the law breaking.

2. PSYHOGENIC APPROACH

It tells us that the offender behaves as she or he does in response to psychological pathology of
some kind. The critical casual factors in delinquency are – personality problems, to which
juvenile misbehavior is presume to be a response.

3. SOCIOGENIC APPROACH

Sociogenic attributes the variations in delinquency pattern to influence social structures. They
account for individual offender by reference process, which go on in youth gangs, stigmatizing
contacts with social control agencies and other variables of that time.

E. DIFFERENT TYPES OD BEHAVIIORAL DISORDERS

1. Anti-social behavior – it is characterized by disrespect or disobedience for authority.

2. Lying – It does not cure lies by attacking the liars for lies indicates need which require
attention among the most important needs of a child, such as love, security, praise, peace,
attention, happiness, understanding, respect and acceptance.
3. Stealing
4. Undisciplined desire for possession
5. Loose morals in the home
6. Parental indifference
7. Lack of proper clothing and other school requirements
8. Undisciplined pleasure seeking
9. Truancy – cutting classes without any reasonable course
10. unattractive school life
11. fear of punishment
12. proximity to place of vices
13. Vagrancy – wandering away from home
14. disagreeable home condition
15. feeble mindedness
16. misdirected love for adventure
17. Emotional Disorders
18. jealousy reactions
19. temper tantrums
20. fear reaction

F. CAUSES OS BEHAVIORAL DISORDERS

1. PREDISPOSING FACTOR

Inclinations or inherited propensities, which cannot be, considered a criminal one unless
there is a probability that a crime will be committed.

2. PRECIPITATING FACTOR
Elements which provokes crimes or factors that are signified to the everyday adjustments of an
individual, like personal problems, necessities, imitation, curiosity, ignorance, and diseases.

G. EXERCISE NO. II

Name: Year and Section -

1) Give an example of a situation, wherein the nature of delinquency are said to be differ because
of the following:

1. Environment forces.

2. Nature of the child

2) Explain why parental indifference maybe a casual factor or behavioral disorders.

3) Pick out one emotional disorder as a cause of behavioral disorders and explain in detail.

V. Chapter 2

A. CASUAL FACTORS IN JUVENILE DELINQUENCY

The most important method of dealing with crime is preventing it, by improving the
conditions of life that drive people to commit crimes that undermine the restraining rules and
institutions erected by society against anti-social conduct. All causes of criminal behavior, as
well as juvenile delinquency comes from the development of human mind, traits and behavior.
Society thereby obligation itself to equip juveniles with the means – the educational and social
and cultural background, the personal and economic security to understand and accept
responsibility.

1. FAMILY
The family is the first and the basic institution in our society for developing the child’s
potential, in all its many aspects like emotional, intellectual, moral, and spiritual as well as
physical and social. It is within the family that the child must learn to curb his desires and to
accept rules that define the time, place and circumstances under acceptable ways. The following
are some of the causes why some of the child becomes juvenile delinquent as influence b their
own family:

a. the faulty development of a child

b. lack of parental guidance
c. lack of love and the instinct of hate or anger due to unfair treatment
d. parental rejection
e. broken home

2. ENVIRONMENT
It is where the child influences after his first highly formative years. Youth in the
community turns to become delinquent with companions. Youth today accuse those ahead of
them for failure to define how to live both honorably and successfully in a world that is changing
too rapidly for anyone to comprehend. Together they now becomes a victim of their own
environment, their attitudes, dress, taste, ambitions, behavior are imitated or have been already
influence by those anti-social acts recognized in their environment. Some of these caused are the
following:

a. associations with criminal groups

b. alcoholism and drug addiction
c. impulse of fear
d. crime inducing situation that caused criminalistic tendencies
e. imitated instinct like selfishness, violence and anti-social wishes.

3. SCHOOL
The school, unlike the family, is a public instrument for training young people. It
is, therefore, more directly accessible to change through the development of new resources and
policies. And since it is a principal institution for development of a basic commitment by young
people to the goals and values of our society, it is imperative that it be provided with the
resources to compete with illegitimate attraction for young people’s allegiance. Anything less
would be a serious failure to discharge our nation’s responsibility to its youth. And some of the
instances of delinquent conduct to the school – child relationship are the following:
failure of the school of character development of the children and the youth.
Use of methods that create the condition of failure or frustrations on the part of the students.

Truancy
Lack of facilitate for curricular and extra curricular activities.

4. OTHER DEPARTMENT OR AGENCIES OF THE GOVERNMENT

Some of the department and agencies of the government also create factors that influence
the youth to become delinquent, such as the following:

a. political interference of the higher positions

b. unfair decisions of the court
c. police carelessness and unfair treatment
d. influence from the newspapers, movies, tv, radio, comic, and other magazine

5. OTHER FACTORS

a. Unemployment. Searching for a job is very discouraging, not only because a

young person is under educated, lack prior work experience, but also because some have
a delinquent records. Its effects are many, the carrier decisions of these youth and the
reason for that are not really their decision at all, maybe they feel few restraints about the
carrier they choose, although illegitimate, is relatively lucrative. Others try to be indulge
in sexual illicit jobs, some try theft and others fails into illegal activities for they believe
that is good enough as to make it their regular livelihood.

b.Emotional maturity – cannot accept the truth and cannot accept his emotion.

Too much ego – whether right or wrong, safe or dangerous permitted or prohibited.
Psychopathic personality – it is characterized by lack of response, lack of conscience,
deficient feeling of affection to others and aggression to environment and other people.

B. JUVENILE GANGS

Juvenile gang is a self-formed association of peers, bound together by mutual interest,

with identifiable leadership, well-developed lines of authority, and other organizational features,
who act in concert to achieve a specific purpose which generally includes the conduct of illegal
activity and control over a particular territory facility or type of enterprise.

Most of the youngsters g who rebel at home and at school seek security and recognition
among their fellows on the street. Together they form tightly new groups in the decisions of
which they are able to participate and the authority of which they accept as virtually absolute.
During their early teens, they engage those acts that seem like fun, whether delinquent or non-
delinquent. Thereafter, he maybe watched by the society; he maybe suspect and his every step or
mis-step maybe concluded as future evidence of his delinquent nature. He maybe excluded more
and more from legitimate activities and opportunities and furthermore, soon he maybe
designated and dealt with as a juvenile delinquent.

C. HOW TO PREVENT DELINQUENT

In order o prevent juvenile delinquency, one must go far beyond the individual delinquent
and his illegal act. What cause a youth to become delinquent is usually a complex network of
factors relating to his own personality, his friends, his family, and his community. Prevention
attempts should therefore deal with each of these aspects in an equally broad manner. The
following measures are highly recommended so that these minors may not be influenced by their
family, community and friends, schools, other department or agencies of the government, the
juvenile gangs and all other factors engage in any kind of delinquent acts.
Giving the children an affection, companionship and understanding which came came from a
happy and ideal family home and the parents must always sets a good example.
Reduce unemployment and improve housing and recreational facilities.
Improve the youth’s participation in community activities or providing them a satisfying work.
Recognize the importance of the child on the schools by improving the quality of teachers and
facilities, both in private and public schools.
Prepare and create new employment opportunities for the youth and reduce the barriers to
employment posed by discrimination.

A more effective partnership or coordination with all department or agencies of the

government. Providing more social work resources which provide help to solve with behavioral
problems. Controlling all conditions of establishments like bar, poolroom, giftshop, and various
establishments that attract children during school hours and thereby encourage truancy.

D. EXERCISE NO. III

Name:____________________________ Year and Section:________

1) Define the following terms:

1.family
2.Emotional maturity
3.Psychopathic personality
4.Juvenile gang
5.School

2) What are the means needed by the society to equip juveniles as part of its obligation?

3) Why is the family, as the most basic institution considered as the first casual factors in
juvenile delinquency?
Choose one cause of juvenile delinquency influenced by the environment and explain bri
ment agency was facing a problem in this field. It must be constantly borne in mind that juvenile
delinquents should be handled in a different manner than the adult offender. Most juvenile
delinquents are immature boys and girls, lacking judgment, who need understanding and
guidance rather than punishment. They need help in getting back on the right course and will
usually respond to a person showing genuine interest on them.
Work with delinquents and children in danger of becoming delinquents should be based
on understanding of motivations and social situations. There is no single answer to what the
determining factors are, and there is no single approach that works with all boys and girls. The
only common element in all goodwork is the police officer’s clear realization that he is acting as
an officer of the law and that is the law’s representative it is his duty in a democracy to treat
every citizen, child as well as adult, with consideration and respect. Over and above this, he must
use his judgment case by case in deciding how he can represent law and authority and yet above
actions such as shaming or intimidating that will cause any various youth to further rebel.

E. SUGGESTIVE REMEDY
In dealing with juveniles, the police must gain the confidence and respect of other
citizens. For example:
“ A uniformed police officers assigned to school crossing have used his learned duties
and obligations, by not only protecting the children while crossing the streets, but they must
shown to the children that they are friendl6y, and that they sincerely wish to be friends with all
children. The fact that the children go home and relate these incidents to their parents had gone a
long way in removing the fear on the part of the parents as well as the childre.””

The police must worked closely with school authorities to present to the student the true
concept of police functions, and at the same time have carried the message of friendship and
desire to be of service into the school. This must be done in order to eliminate the barrier existing
between the society and the police, and to remove the public’s definite fear on the police.

F. POLICE CONCERN FOR YOUTH

The police have been given a major responsibility in working with youth. They are in the
unique position of dealing with most boys and girls whose behavior is in direct conflict with
legally required behaviors of members of society. The evolution of these responsibilities finds
the police concerned with control and prevention of delinquent behavior of juveniles.

G. CONTROL OF UNLAWFUL BEHAVIOR OF YOUTH AND UNDESIRABLE

CONDITIONS INVOLVING YOUTH

Control – a term which acknowledges the existence of unlawful behavior and the need to take
action.
Unlawful behavior of youth – it includes all types of activity in which laws and ordinances are
violated and such other activity as could bring youth before the juvenile court.
Undesirable conditions – it is refers to community hazard and community problems harmful to
youth.

Control is accomplished in three major ways by the police:

1. Investigation of individual cases involving youth and conditions causing anti-social

activities.
2. Providing a constructive disposition for individual cases and conditions through departmental
action, referral to other agencies, or to the juvenile court.
3. Providing overall effective police operations which reduce the opportunity for commission of
law violations and maintaining cooperatives relations with other components of the juvenile
justice system.

H. PREVENTION OF UNLAWFUL BEHAVIOR OF YOUTH AND CONDITIONS

CAUSING ANTI-SOCIAL ACTIVITIES

Prevention – it implies the keeping of unlawful behavior from occurring originally or keeping
unlawful behavior to a minimum and thus avoiding police intervention.

The prevention phase is accomplished by the following:

1. Influencing youth, parents, and the general public to meet the basic needs of the youth and to
conform to all laws and regulations made for their protection.
2. Participation in community organization planning with other agencies and citizens to
improve the total community.
3. Providing overall effective police operations which reduces the desire on the part of the
individuals to commit unlawful acts.

I. POLICE RESPONSIBILITY

Law enforcement’s responsibility to the community is probably greater than that of any
official agency. Primarily the following are the responsibilities include to them:
1. detection of crime
2. apprehension of offenders
3. preservation of peace
4. general safety of the public

The discharge of these obligations was automatic, and if done satisfactorily, delinquency
and crime prevention would be controlled with no further effort on the part of the police or of the
public. So, prevention must always be a tool, an instrument and must be as definite as the
criminal so that they may be prevented before they can be done or do an act.

J. REQUIREMENTS IN THE PROPER DISCHARGE OF POLICE

RESPONSIBILITIES

1. Close observation of places and conditions, which may be regarded as breeding places for
crime and delinquency.
2. Always in a better position than others to discover the existence of harmful influences to the
children.
3. Know who are potential or actual delinquents and recognize who are victims of neglect and
abuse.
4. Determine what measure to be adopted or which course will be most advantageous for its
own area.
5. Give emphasis to the public that home is the most vital force in prevention of juvenile
delinquency.

The following procedures have been found by practical experience to be the most conductive
to the juvenile welfare, as well as in the best interest of the police department’s aims and
purposes.
1. Treat the juveniles with consideration
2. Be friendly
3. Be firm. Appeal to his intelligence, to his reason and his sense of fairness.
4. Discover the child’s problem if possible.
5. Try to gain the child’s respect and confidence.
6. Remember that the child of today is the man of tomorrow. It is wise to point out very
clearly that disastrous results to a boy’s life if he is convicted of a major crime, in
that, this conviction will be marked against him all the rest of his life.

So, in dealing with the juveniles do not resort to vulgarity or obscenity, do not use
insulting names and never loose your temper.

K. HOW THE PATROLMAN CAN HELP TO PREVENT DELINQUENCY?

The officer on patrol may have occasion to talk to many boys and girls engaged in some
act of misconduct. The probabilities are that the officer will summarily dispose of most of these
cases at that time. A firm but friendly warning will be sufficient.

The manner in which the officer handles the child in his first difficulty with the police
maybe the turning point in the youngsters’ future life. For this reason, it is imperative that every
officer, from the director down the newest recruit, has an understanding in how juveniles should
be interviewed and treated. All too often the police officer, because he deals in those problems
day after day, becomes so routine in action that he looses sight of the vital fact that to the citizens
this meeting is undoubtedly one of the most important events in their lives. They will remember
most of the details of the meeting for years and will tell and retell to their friends and
acquaintances just what happened. In the retelling there is a very strong possibility that the story
will take on color and be slanted so as to appear favorable to the citizen and he will show the
officer in rather in bad light. If the officer is truly brusque, discourteous, and obviously
disinterested in the story related to him by the citizen, and if any unnecessary force is employed,
or if the officer used foul or abusive language, then when the citizen retells the story he will be
very vindictive and all enforcement will suffer because of the improper acts of that one police
officer. It is better for the officer to use much fact and patience, and to be courteous at all times.
The citizen will be very likely be favorably impressed and in retelling his story later to his
friends, he will be more charitable towards the police officer and thereby will do the law
enforcement profession much good, instead of harm. This applies to both children and adults,
even more to children since they are so extremely impressionable.
 L. EXERCISE NO. IV
Name:__________________________________ Year and Section:_________________

1. What must be done in order to eliminate the barrier existing between the society and the
police, as a suggestive remedy in dealing with juveniles?

2. What are the three major ways to be accomplished by the police to control unlawful
behavior of the youth and undesirable conditions involving youth?

3. In dealing with juveniles, the police should not resort to vulgarity and obscenity and
should not loose temper. Explain why.

4. How the patrolman can help to prevent delinquency?

VI. Chapter 4

A. PRESIDENTIAL DECREE NO. 603 as AMENDED

THE CHILD AND YOUTH WELFARE CODE

The Child and Youth Welfare Code is one of so many special laws enacted by the
government in order to guarantee the following constitutional mandates:

ARTICLE II (DECLARATION OF PRINCIPLES AND STATE POLICIES)

Section 12

a) Recognizing the sanctity of family life and protecting and strengthening the family as
a basic autonomous social institution.
b) Equally protecting the life of the mother and the unborn from conception, and
c) Recognizing the rights and duty of the parents in rearing of the youth.

Section 13
 a) Recognizing the vital role of the youth in nation-building.

ARTICLE XV (THE FAMILY)

Section 1

a) Recognizing the Filipino family as the foundation of the nation.

Section 2

a) Recognizing marriage, as an inviolable social institution.

Section 3

The state shall defend:

a) The right of spouses to bind a family.

b) The right of children.
c) The right of the family.
d) The right of the families of family associations to participate in the planning and
implementation of policies an programs that affect them.

B. GENERAL PRINCIPLES

The child is one of the most important assets of nation. Every effort should be executed to
promote his welfare and enhance his opportunities for useful and happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes
should be cultivated to the outmost insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at 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.
Attachment to the home and strong family ties should be encourage but not the extent of
making the home isolated and exclusive and unconcerned with the interest of the community and
the country.
The natural right and duty of parent in the rearing of the Child for Civic efficiency should
receive the aid and support of the government.
Other institutions, like the school assist the home and the State in the endeavor to prepare
the child for responsibilities of adulthood.

C. APPLICATION OF THE CODE

The Child and Youth Welfare Code shall apply to all persons below 18 years of age, as
amended by Republic Act No. 6809 ( An Act lowering the age of majority from 21 to 18 years,
amending for the purpose E.O. No. 209, and for other purposes.) except those emancipated in
accordance with law, “child” or “minor” or “youth” as used in this Code shall refer to such
person.

D. RIGHTS OF THE CHILD

All children shall be entitled to the rights herein in set forth without distinction as to
legitimacy, sex, social status, religious, political antecedents, and other factors.
1. The rights to be born well, with the dignity and worth of a human being from the moment of
his conception.
2. The right of a wholesome family life that will provide him with love, care and understanding,
guidance and counseling, and moral and material security.
3. The right to well-rounded development of his personality to the end that he may become a
happy, useful and active member of the society.
4. The right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention.
5. The right to an education commensurate to his abilities.
6. The right to full opportunities for safe and wholesome recreation and activities.
7. The right to protection against exploitation, improper influences, hazards, and other
conditions or circumstances.
8. The right to live in a free community and society with a conducive environment.
9. The right to the care, assistance and protection of the state.
10. The right to an efficient and honest government that will deepen his faith in democracy.
11. The right to grow up as a free individual.

E. DUTIES OF PARENTS
1. To give him affection, companionship and understanding.
2. To extend him the benefits of moral guidance, self-disciplined and religious instruction.
3. To inculcate in him the value of industry, thrift ad self-reliance.
4. To supervise his activities including his recreation
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his
commitment to his 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
What support includes:
a) food or sustenance
b) dwelling or shelter
c) clothing
d) medical attendance
e) education
f) transportation
9. To administer his property, if any, according to his best interest.
NOTE: Parents shall take special care to prevent the child from becoming addicted to
intoxicating drinks, narcotics smoking, gambling, and other vices and harmful practices.
VICES – is a wrong, degrading or immoral habit or practice accustomed to the child

F. LIABILITIES OF PARENTS:

Parents or guardians are responsible for the damage or torts (An injury or wrong done to
someone) caused by the child under their parental authority on accordance with the Civil
Code.
Criminal liability shall attach to any parent and shall be punishable with imprisonment
from two to six months or a fine not exceeding five hundred pesos, or both, for any act by then in
any of the following manner:
1. Conceals or abandons the child with intent to make such child lose his civil status.
2. Abandons the child under such circumstances as to deprive him of the love, care and
protection he needs.
3. Sells or abandons the child to another person for valuable consideration.
4. Neglects the child by not giving him the education which the family’s station in life and
financial conditions permit.
5. Fails of refuses, without justifiable grounds, to enroll the child in any educational institution.
6. Causes, abates, or permits the truancy of the child from the school where he is enrolled.
TRUANCY – means absence without cause for more than twenty school days, not necessarily
consecutive. It shall be the duty of the teacher in charge to report to the parents
the absences of the child the moment these exceed five school days.
7. Improperly exploits the child by using him, directly or indirectly, for purposes of begging and
other acts which are inimical to his interest and welfare.
8. Inflicts cruel and unusual punishment upon the child or deliberately subjects his indignitions
and other excessive chastisements that embarrass or humiliate him.
9. Causes or encourages the child to lead an immoral or dissolute life.
10. Permits the child to possess, handle, carry a deadly weapon, regardless of its ownership.
11. Allows or requires the child to drive without a license which the parents know to have been
illegally procured
 G. CHILD AND YOUTH WELFARE EDUCATION
The state shall see to it that no child refused admissions in public schools. All parents are
required to enroll their children in schools to complete, at least an elementary education.
No schools shall receive or collect from students, directly or indirectly, contributions of
any kind or form, or for any purpose except those expressly provided by law, and on occasions of
national or local disasters in which case the school may accept voluntary contribution or aid from
students for distribution to victims of such disaster or calamities.

H. CHILD AND YOUTH WELFARE AND THE CHUCH

The state shall respect the rights of the church in matters affecting the religious and moral
upbringing of the child.
The religious education of children in all public and private schools is a legitimate
concern of the Church to which the students belong. All churches may offer religious instruction
in public and private elementary and secondary schools, subject to the requirements of the
Constitution and existing laws.

I. CHILD AND YOUTH WELFARE AND COMMUNITY

J. COMMUNITY DEFINED
Community shall mean, the local government, together with the society of individuals or
institutions, both public and private, in which a child lives.
To ensure the full enjoyment of the right of every child to live in a society that offers or
guarantees him safety, health, good moral environment and facilities for his wholesome growth
and development, it shall be the duty of the community to:
1. Bring about a healthy environment necessary to the normal growth of the children.
2. Help the institutions of learning, achieve the fundamental objectives of education.
3. Organize or encourage movements and activities, for the interests of children and
youth.
4. Promote the establishment and maintenance of adequately equipped playgrounds,
parks and other recreational facilities.
5. Assist the state in combating and curtailing juvenile delinquency and in rehabilitating
way-ward children.
6. Aid in carrying out special projects for the betterment of children in remote areas or
belonging to cultural minorities or those who are out of school.
7. Cooperate with private and public child welfare agencies in providing care, training
and protection to destitute, abandoned, neglected, abused, handicapped and disturbed
children.

K. COMMUNITY BODIES DEALING WITH CHILD WELFARE

1. BARANGAY COUNCILS
Barangay Councils shall have the authority to enact ordinances and resolutions not
inconsistent with law or municipal ordinances, as may be necessary to provide for the proper
development and welfare of the children in the community, in consultation with representatives
of national agencies concerned with child and youth welfare.
Examples of ordinances or resolution that a barangay may be enacted are the following:
a) Steps to prevent juvenile delinquency and assist parents of children with a behavioral
problems that can get expert advise.
b) Adopt measures for the health of the children.
c) Providing barangay scholarships for indigent children.
d) Curfew hours, especially for the minors.
e) Recreational or sports facilities to kept them busy as well as the opening and
maintenance of playgrounds and day care centers

2. CIVIC ASSOCIATION OF ADULTS

A civic association shall refer to any club or organization of individuals 21 years of age
or over which directly or indirectly involved in carrying out child welfare programs and
activities.
One of its primary function is to make arrangements with the appropriate governmental
or civic organization for their instruction of youth in useful trades or crafts to enable them to earn
a living.

3. YOUTH ASSOCIATIONSS AND STUDENTS ORGANIZATIONS

A youth association shall refer to any club, organization or association of individuals
below twenty-one years of age which is directly or indirectly involved in carrying out child or
youth welfare programs and activities.
All student organizations in public and private schools shall include in their objectives the
cultivation of harmonious relations among their members and with the various segments of the
community.
All this kind of club, organization or association shall enjoy the same rights and discharge
the same responsibilities, like a youth demonstrations and conducted in a peaceful and lawful
manner, bring to the attention of the proper authorities the restriction on the exhibition of the
indecent shows and publication and the sale or circulation of pornographic materials, commercial
advertisements and trailers which unduly suggest violence, vices, crimes and immorality and
furthermore, to file a complaint against any act or omission prejudicial to the wards of such
welfare agency.

L. CHILD AND YOUTH WELFARE AND THE SAMAHAN

Samahan as used this Code, shall refer to the aggregate of persons or those responsible
persons from the various sectors of the community or those working in commercial, industrial,
and agricultural establishments or enterprises whether belonging to labor or management.
Some of the most important duties of the Samahan are the following:
a) to prevent the exploitation of children in any employment or calling.
b) To help-out-school-youth to learns and at the same time by helping them to look for
opportunities to engage in economic self-sufficient projects; and
c) To provide work experience, training and employment for the youth.
Children below sixteen years of age may be employed to perform light work which is not
harmful to their safety, health or normal development and which is not prejudicial to their
studies.
It shall be the duty of the employer to submit a report to the Department of Labor of all
children employed by him.
A youth, under sixteen years of age employed as a domestics, his employers shall give an
opportunity to complete the education of the youth at least elementary as required by the Code,
unless there is stipulation to the contrary, the cost of education shall be a part of the domestic
compensation.

M. CHILD AND YOUTH WELFARE AND THE STATE

The State have an obligation to assists the parents in the proper upbringing of the child, in
pursuant to its obligation, the state must establish the following in cooperation with other local
government unit:
1. Puericulture and similar centers
2. Juvenile Welfare agencies
3. Child Welfare agencies
4. Orphanages and other similar institutions
5. Children’s recreation center.

N. FUNCTIONS OF THE PUERICULTURE AND HEALTH CENTERS

1. Disseminate information concerning the health of children expectant of nursing
mothers.
2. Provide consultation service and treatment
3. Provide guidance and special treatment to children with physical handicaps.
4. Advise child welfare institutions on matters relating to nutrition and hygiene.
 No private person, natural or juridicial, shall establish, temporarily or permanently, any
child welfare agency without first securing a license from the DSWD.
Such license shall not be transferable and shall be used only by the person or institution
which it was issued at the place stated therein.
No license shall be granted unless the purpose or function of the agency is clearly defined
and stated in writing. Such definition shall include the geographical are to be served; the children
to be accepted for care, and the services to be provided.

O. GROUNDS FOR THE REVOCATION OF SUSPENSION OF LICENSE

The Department of Social Welfare may, after notice and hearing, suspend or revoke the
license of a child welfare agency on any of the following grounds:
1. That the agency is being used for immoral purposes.
2. That said agency is insolvent or it is not a financial positions to support and maintain
the children therein or to perform the functions for it was granted license;
3. That the children therein are being neglected or undernourished;
4. That the place in so unsanitary so as to make it unfit for children;
5. That said agency is located in a place or community where children should not be, or
is physically dangerous to children or would unduly expose children to crime, vice,
immorality, corruption or severe cruelty; or
6. That said agency has by any at or omission shown its incompetence or unworthiness
to continue acting as a child welfare agency.

P. AGENCIES UNDER DSWD

1. Child caring institution – is one that provide twenty-four resident group care or services for
the physical, mental, social and spiritual sell-being of nine or more mentally, gifted,
dependent, abandoned, neglected, handicapped or disturbed children or youthful offender.
2. Detention home – is a twenty-four hour child caring institution providing short-term resident
care for youthful offenders who are awaiting court disposition of their cases or transfer to
other agencies or jurisdiction
3. Shelter–care institution – is one that provides temporary protection and care to children
requiring emergency reception as a result for fortuitous events, abandonment by parents,
dangerous conditions of neglect or cruelty on the home, being without adult care because
of crisis in the family, or court order holding them as material witnesses.
4. Receiving home – are family type homes which provide temporary shelter from ten to twenty
days for children who shall during this period be under observation and study for
eventual placement by the DSWD.
5. Nursery – is a child institution that provides care for six or more children below six years of
age for all part of twenty-four a day, except those duly licensed to offer primarily medical
and educational services.
6. Maternity home – is an institution of place of residence whose primary function is to give
shelter and care to pregnant women and their infants before, during and after delivery.
7. Rehabilitation center – is an institution that receives and rehabilitate youthful offenders or
other disturbed children who have behavioral problems for the purpose of determining
the appropriate care for them or recommending their permanent treatment or
rehabilitation in other child welfare agencies.
8. Child-placement agency – is an institution or person assuming the care, custody, protection
and maintenance children for placement in any child caring institution or home or under
the care and custody of any persons or person for purposes of adoption, guardianship or
foster care.

Q. SPECIAL CATEGORIES OF CHILDREN

1. Dependent child is one who is without a parent, guardian or custodian, or whose parents,
guardian, or other custodian for good cause desire to be relieved of his care and custody; and
is dependent upon the public for support.
2. Abandoned child is one who had no proper parents care or guardianship, or whose parents
 or guardians have deserted him for period of at least six continuous months.
3. Neglected child is one whose basic needs have been deliberately unattended or inadequately
attended. Neglect may occur in two ways:
a) There is physical neglect when the child is malnourished, ill clad and without proper
shelter. A child is unattended when left by himself without provisions for his needs and/or
without proper supervision.
b) Emotional neglect exists when the 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
moral danger or exposed to gambling, prostitution or other vices.
4. Mentally retarded children are those:
a) Socially incompetent – socially inadequate and occupationally incompetent and unable to
manage their own affairs.
b) Mentally subnormal
c) Retarded intellectually from birth or early age;
d) Retarded at maturity
e) Mentally deficient as a result of constitutional origin through hereditary or disease; and
f) Essentially incurable.

R. CLASSIFICATION OF MENTALLY RETARDED

1. Custodial Group – they are the least capable group having and I.Qs of 1 to 25.
2. Trainable group – they are unable to acquire higher academic skill but usually acquire the
basic skill for living to a reasonable degree and consist with an I.Qs from about 25 to 50.
3. Educable group – the degree of success of accomplishment that they will reach in lie
depends upon the quality and type of education they receive as well as on the treatment at
home and in the community, their I.Qs range from about 50 to about 75.
4. Borderline or low normal group – they are the highest group of mentally retarded with I.Qs
from about 75 to 89.
5. Physically handicapped children – are those who are crippled, deaf, mute, blind, or
otherwise defective which restricts their means of action on communication with
others.
6. Emotionally disturbed children – are 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.
7. Mentally ill children – are those with any behavioral disorder, whether functional or
organic, which of such a degree of severity as to require professional help or
hospitalization.

S. YOUTH OFFENDERS
A youthful offender is a child, minor or youth, including one who is emancipated in
accordance with law, who is over nine years but under eighteen years of age at the time of the
commission of the offense.
A child under nine years of age or under at the time of the offense shall be exempt from
criminal liability and shall be committed to the care of his or her father or mother, or nearest
relative or family friend in discretion of the court and subject to its supervision. The same of the
court and subject to its supervision. The same shall be done to a child over nine years of age and
under fifteen years of age at the time of commission of the offense, unless he acted with
discernment, in which case he shall be proceeded to the proper proceedings, and the court shall
determine the impose bale penalty. However, instead of pronouncing judgement of conviction,
the court upon application of the youthful offender and if it finds that the best interest of the
public as well as that of the offender will be served thereby, shall suspend all further proceedings
and shall commit such minor to the care and custody of the DSWD, or to any training institution
operated by the government, or any other responsible person, until he shall reached twenty-one
years of age, or for a shorter period of as the court may deem proper, after considering the report
of the DSWD.
If it shown to the satisfaction of the court that the youthful offender whose sentence has
been suspended, has behaved properly and has shown his capability to be useful member of the
community, even before reaching the age of the majority, upon recommendation of the DSWD, it
shall dismiss the case and order his final discharge.
Whenever the youthful offender has been found incorrigible or has willfully failed to
comply with the conditions of his rehabilitation program, or should his continued.
In any case covered by this provision, the youthful offender shall be credited in the
service of his sentence with the full time spent in actual commitment and detention inside those
institution operated by the government or by the DSWD.

T. EXERCISE NO. V
Name:__________________________________ Year and Section:_________________

1) Define the following terms:

a) Youthful offender

b) Vices

c) Community

d) Detention home

e) Rehabilitation center

f) Child-placement agency

g) Dependent child

h) Abandoned child

i) Neglected child

j) Mentally ill children

2) When is there a physical and emotional neglect?

U. EXERCISE NO. VI
Name:__________________________________ Year and Section:_________________
1) Why is it important to recognize the vital role of the youth in nation building?

2) Give at least five rights that a children shall be entitled?

3) When does a parent or guardians can be held responsible for any act committed by them
against their child or ward?

4). In your own opinion, how do you think the Church can help the Government to prevent
juvenile delinquent?

VII. Chapter 5

REPUBLIC ACT NO. 7610

AN ACT PROVIDING FOR STRONGER DETERENCE AND SPECIAL

PROTECTION AGAINST CHILD EXPLOITATION AND DISCRIMINATION

I. Declaration of State Policy and Principles

It is the policy of the State to provide special protection to children from all forms
of abuse, neglect, cruelty, exploitation and discrimination, and other conditions
prejudicial to their to their development; provide sanctions for their commission and
carry out a program for prevention and deterrence of and crisis interventions in situations
of child abuse, exploitation and discrimination.

The state shall on behalf of the child intervene, when the parent guardian, teacher or
person having care or custody of the child fails or is unable to protect the child against
abuse, exploitation and discrimination or when such acts against the child are committed
by the said parent, guardian, teacher or person having care and custody of the same.

It is also a policy of the state to protect and rehabilitate children gravely threatened
or endangered by circumstances which affect or will affect their survival and normal
development and over which they have no control.

The best interest of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities, and legislative bodies, consistent with the
principle of First Call for Children as enunciated in the United Nations Convention on the
Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life. (Sec. 2)

II. DEFINITION OF TERMS

1. Children – refers to persons below eighteen (18) years of age or those but are unable
to fully take care of themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.
2. Child Abuse – refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
 a. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment.
b. Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;
c. Unreasonable deprivation of his basic needs for survival such as food and shelter;
or
d. 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.
3. Comprehensive program against child abuse, exploitation and discrimination – refers
to the coordinated program of services and facilities to protect children against;

a. Child prostitution and other sexual abuse;

b. Child trafficking;
c. Obscene publications and indecent shows;
d. Other acts of abuse; and
e. Circumstances which threaten or endanger the survival and normal development
of children:
4. Circumstances which gravely threaten or endanger the survival and normal
development of children – include, but are not limited to the following:

a. Being in a community where there is armed conflict or being affected by armed

conflict related activities;
b. Working under conditions hazardous to life, safety and morals which unduly
interfere with their normal development;
c. Living in or fending for themselves in the streets of urban or rural areas without
the care of parents or a guardian or nay adult supervision needed for their
welfare;
d. Being a member of indigenous cultural and/or living under conditions of
extreme poverty or in an area which is underdeveloped and or lacks or has
inadequate access to basic services needed for a good quality of life.
e. Being a victim of man-made or natural disaster or calamity; or
f. Circumstances analogous to those above stated which endanger the life, safety
or normal development of children. (Sec. 3)

III. CHILD PROSTITUTION AND OTHER SEXUAL ABUSE

Children, whether male or female, who for money, profit, or any other consideration or due
to the coercion or influence of any adult, syndicate of group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of Temporal to reclusion perpetua shall be imposed upon the following:

a. Those whose engage in or promote, facilitate or induce child prostitution which

include, but are not limited to the following:

1. Acting as a procurer of a child prostitute;

2. Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
3. Taking advantage of influence or relationship to procure a child as a prostitute;
4. Threatening or using violence towards a child to engage him as a prostitute;
5. Giving monetary considerations, goods or other pecuniary benefits to a child with
the intent to engage such child in prostitution.
b. Those who commit the act of sexual intercourse or lascivious conduct with a child,
provided that when the victim is under twelve years of age.
c. 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. (Sec. 5)

Attempt to commit child prostitution; its circumstances.

a) When any person who, not being a relative of a child is found alone with the said
child inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, or any other hidden or secluded place
which would lead a reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
b) When any person is receiving services from a child in a sauna parlor or bath,
massage clinic, health club or other similar establishments. (Sec. 6)

IV. CHILD TRAFFICKING

It is committed by any person 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. (Sec. 7)

When is there an attempt?

a) When a child travels alone to a foreign country without valid reason therefore and
without clearance issued by the DSWD or written permit or justification from the
child’s parents or legal guardian;
b) When a pregnant mother executes an affidavit of consent for adoption for a
consideration;
c) When a person, agency or establishment or child caring institution recruits women or
couples to bear children for the purpose of child trafficking;
d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking;
e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day care centers, or other child caring institutions who can
be offered for the purpose of child trafficking. (Sec. 8)

V. OBSCENE PUBLICATIONS AND INDECENT SHOWS

Who are liable?

Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in
obscene exhibitions and indecent shows, whether live or in video, pose or model in obscene
publications or pornographic materials or to sell or distribute the said materials.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who
shall cause and/or allows such child to be employed or participate in an obscene play, scene, act,
movie or show or any other acts under it. (Sec. 9)

V. OTHER ACTS OF ABUSE

The following are some other acts of abuse:

1. Those covered by Art. 59 of PD 603, as amended, but not covered by the Revised Penal
Code.
2. Keeping in a company a minor, twelve (12) years or under or who is ten (10) years or more
his junior in any public or private place, hotel, motel, beer joint discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other tourist resort or similar places, except
when they are related within the fourth civil degree of consanguinity or affinity.
3. Inducing, delivering or offering a minor to any one prohibited by this Act to keep or to have a
 minor in his company.
4. Allowing any person to take the minors into any public or private place of accommodation,
whether for occupancy, food, drink, or otherwise, including residential places, by the owner,
manager or anyone entrusted with the operation.
5. Using coercing, forcing or intimidating a street child or any other child to:

a. Beg or begging as a means of living;

b. Act as a conduit or middlemen in drug trafficking or pushing; or
c. Conduct any legal activities.
Note: The victim of this acts shall be committed or entrusted to the care and custody of the
DSWD. ( Sec. 10)

VI. SANCTIONS FOR ESTABLISHMENT AND/OR ENTERPRISES

All establishments or enterprise which promote, facilitate, or conduct activities
constituting child prostitution and other sexual abuse, child trafficking, obscene publications and
indecent shows, and other acts of abuse must be entitled to the following sanctions:
a) Their establishments must be immediately closed and their authority or license to
operate must be cancelled
b) A sign with the words “off limits” shall be conspicuously displayed outside the
establishment by the DSWD for not less than one year. (Sec. 11)

VII. EMPLOYMENT OF CHILDREN

Section 12, Article VII of R.A. No. 7610 had already been amended by R.A. No. 7658,
dated July 26, 1993.
Employment of Children, especially those under fifteen (15) years of age, as a general
rule cannot be employed, however, these are subjects to certain exceptions:
1. When the child works directly under the sole responsibility of his parents or legal
guardian and where only members of the employer’s family are employed: Provided,
however,
a) that the employment neither endangers the life, safety, health and morals, nor
impairs his normal development; and
b) that the parent or guardian shall provide the said minor the prescribed primary
and/or secondary education.
2. Where a child’s employment or participation in public entertainment or information
through cinema, theater, radio or television is essential: Provided, the employment
contract is concluded by the child’s parents or legal guardian, with the e press
agreement of the child concerned, if possible and approval of DOLE, and provided,
further, that the following requirements in all instances are strictly complied with:
a) the employer shall ensure the protection, health, safety, morals and normal
development of the child;
b) the employer institutes measures to prevent the child exploitation or
discrimination taking into account the system and level of renumeration and the
duration and arrangement of working time: and
c) the employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skills
acquisition of the child.
NOTE: The DECS shall promulgate a course design under its non-formal education program
aimed at promoting the intellectual, moral and vocational efficiency of working children.
(Sec. 13)
A minor child cannot be employed as a models in all commercials or advertisements
promoting alcoholic beverages, intoxicating drinks, tobacco and by-products, and in any
kind of violence. (Sec. 14)
Children of indigenous cultural communities shall not be subjected to any and all forms
of discrimination, instead they shall be included or be involved in planning, decision-
making, implementation and evaluation of all government programs affecting them. (Sec.
20 & 21)
Children in situations of armed conflicts are hereby declared as Zones of Peace. I shall be
the sole of responsibility of the State and all sectors concerned to resolved armed conflicts in
order to remote the goal of children and to attain the following objectives:
a) Children shall not be the object of attack and shall be entitled to special respect, and
be protected from any form of threat, assault torture or other cruel inhumane and
degrading treatment.
b) Children should not be recruited to become members of AFP or its civilian units, nor
to take part in the fighting, or used as guides or spies.
c) Delivery of emergency relief services shall be kept unhampered.
d) The safety and protection of those who provide services including those involved in
fact-finding missions from both government and non-government institutions shall be
insured.
e) Public infrastructures such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots
f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict. (sec. 22)
Any child who has not been arrested for reasons related to armed conflict, either as
combatant, guide or spy is entitled to the following rights:
a) Separate detention from adults except where families are accommodated as
family units
b) Immediate free legal assistance
c) Immediate notice of such arrest to the parents or guardian of the child; and
d) Release of the child on recognizance within 24 hours to the custody of the
DSWD or any responsible member of the community as determined by the
court. (Sec. 25)

Who may file a complaint?

Complaints in cases of unlawful acts committed against children as enumerated herein

may be filed by the following:
a) Offended party;
b) Parents or guardians;
c) Ascendant or collateral relative within the third degree of consanguinity;
d) Officer, social worker or representative of a licensed child-caring institutions;
e) Officer of social worker of the DSWD;
f) Barangay chairman or
g) At least 3 concerned, responsible citizens where the violation occurred.
The offended party shall be immediately placed under the protective custody of the
DSWD. At the instance of the offended party, his name maybe withheld from the public

d) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is ascendant, parent, guardian, stepparent or collateral relative or
affinity, or a manager or owner of an establishment which has no license to
operate or its license has expired or has been revoked;
e) When the offender is a foreigner, he shall be deported immediately after service of
sentence and forever barred from entry to the country;
f) The penalty provided for in this act shall be imposed in its maximum period of the
offender is a public officer or employee: Provided, however, that if the penalty
imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual
and temporary absolute disqualification shall be imposed, provided, finally, that if
the penalty imposed is prison correccional or arresto mayor, the penalty of
suspension shall also be imposed; and
g) A fine to be determined by the court shall be imposed and administered as cash
 fund by the Department of Social Welfare and disbursed for rehabilitation of each
child victim, or any immediate member of his family if the latter is the perpetrator
of the offense. (Sec. 31)
Appendices

References