Crim 5

• Juvenile delinquency


  Anti-social acts or behaviors committed by minors which are contrary to the norms of the society
• Types of juvenile delinquency

  • Misdemeanor
  • Offenses
  • Felonies
• Juvenile


  A person of tender year, a minor, a youth or those who are not emancipated by law, a person below 18 years of age or those but are unable to fully take care of themselves from abuse, neglect cruelty exploitation or discrimination because of physical or mental disability or conditions
• Age of majority


  Commences at the age of 18 years
• Emancipation


  Freedom from parental authority, both over his person and property, it happens upon reaching the age of 18 years with the exemption of the capacity to contract marriage
• RA 6809 amended the age of majority from 21 to 18 years (approved on 13 December 1989)
• Crime


  An act committed by an adult that breaks criminal code which is created by society through written law
• Juvenile delinquency


  Acts committed by minors that merely break cultural law or norms
• A person who committed a crime can be dealt with in accordance with the criminal justice system, while a child is under the process known as juvenile justice system
• History of juvenile delinquency

  • Code of Hammurabi
  • Stubborn Child Law (1641)
  • Ancient Jewish Law
  • Codification of Roman Law
  • Anglo Saxon Common Law
• Parents Patriae


  A doctrine that does not consider delinquent act as criminal violation, thus making delinquents non-criminal persons and cannot be found guilty of a crime and punished like an adult criminal. The state becomes the father.
• PD 603 "The Child and Youth Welfare Code" defines a youthful offender as a child, minor or youth including one who is emancipated in accordance with law who is over nine years but under 18 years of age at the time of the commission of the offense
• RA 9344 exempts those 15 and below from criminal liability while those over 15 and below 18 are likewise exempted unless they acted with discernment, and these children are called "Child in Conflict with Law"
• Personalities and dates in the history of juvenile delinquency

  • Pope Clement XI (1704)
  • Robert Young (1788)
  • Albert K. Cohen
  • Kingwood Reformatory
  • New York Committee on Pauperism (1818)
  • 1899
  • 1899-1967
• Institutions for juvenile delinquents

  • Bridewells
  • Hospice of Saint Michaele
  • House of Refuge
• Significant cases concerning juvenile delinquency

  • In re Winship
  • Breed v. Jones
  • In re Gault (1967)
  • 1977, American Bar Association
  • Schall v. Martin (1984)
• Types of delinquent youth

  • Social
  • Neurotic
  • Asocial
  • Accidental
• Stages of delinquency


  • Emergence
  • Exploration
  • Explosion
  • Conflagration
  • Outburst
• Classification of delinquency


  • Unsocialized Aggression
  • Socialized Delinquency
  • Over-inhibited
• Approaches to delinquency


  • Biogenic Approach
  • Psychogenic Approach
  • Sociogenic Approach
• Factors affecting juvenile delinquency

  • Individual risk factors
  • Family
  • Environment
  • School
  • Other government departments and agencies
• Theories of delinquency


  • Social Disorganization Theory
  • Anomie Theory
  • Differential Oppression Theory
  • Strain Theory
  • Social Learning Theory
  • Differential Association Theory
  • Drift Theory (Neutralization Theory)
  • Labeling Theory (Social Reaction Theory)
• Marriage


  A social union or legal contract between individuals that creates kinship, also called matrimony, the ceremony that marks its beginning is usually called a wedding and the marital structure created is known as wedlock
• Essential requisites of marriage

  • Legal capacity of contracting parties who must be male and female
  • Consent freely given in the presence of the solemnizing officer
• Parental consent: effect of absence


  The marriage is voidable, subject to the filing of a petition for annulment, but can be ratified if no petition is timely filed
• Parental advice: effect of absence


  The validity of the marriage is not affected, but the responsible parties shall be civilly, criminally and administratively liable
• The marriage of a person below 18 years of age, even with the consent of the parents, are void ab initio (void from the very beginning)
• Persons who can solemnize marriage

  • Any incumbent member of the judiciary within the court's jurisdiction
  • Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his church
  • Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation
  • Any consul-general
• Ratified marriage


  Marriage is considered ratified if no petition is timely filed
• Parental advice: effect of absence

  The validity of the marriage is not affected. If the parties do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three (3) months ff. the completion of the publication of the application. If the marriage license is issued before the lapse of this period, then the responsible parties shall be civilly, criminally and administratively liable.
• Parental consent if child below 18

  The marriage of a person below 18 years of age, even with the consent of the parents, are void ab initio (void from the very beginning)
• Persons authorized to solemnize marriage

  • Any incumbent member of the judiciary within the court's jurisdiction
  • Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his church
  • Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation
  • Any consul-general, consul or vice-consul in cases of marriages between Filipino citizens abroad
  • Mayors (under the Local Government Code)
• Valid marriage license


  The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue
• Exceptions from having a marriage license

  • Marriage in Articulo Mortis
  • Marriage in remote places
  • Marriage of people who have previously cohabited for at least 5 years
  • Marriages between pagans or Muslims, whom live in non-Christian provinces and who are married in accordance with their customs
• Marriage ceremony


  It shall be held with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses
• Kinds of children under Family Code


  • Legitimate Child
  • Illegitimate Child
  • Legitimated Child
  • Adopted Child
• Family


  Denotes a group of people affiliated by consanguinity, basic unit of society, basic social institution, foundation of nation (Art. 149 FC)
• Types of family


  • Nuclear family/Conjugal
  • Extended Family
• Models of family life

  • Corporate Model
  • Team Model
  • Military Model
  • Boarding Model
  • Theatrical Model
• Filiation


  The civil status or relationship of the child to the parent. The filiations of children may be by nature or by adoption. Natural filiations may be legitimate or illegitimate.