Juvenile delinquency

• Youthful Offender


  Over 9 but under 21 (10 to 20 years old) at the time of the commission of the offense
• Child, minor, youth


  Persons below 18 years old
• RA 6809 Lowering the age of majority from 21 to 18 years old took effect


  December 18, 1989
• Commencement of Civil Personality


  The civil personality of the child shall commence from the time of his conception
• Civil Personality


  • Legally defined as the external manifestation of either juridical capacity or capacity to act
  • A person is recognized as a person with rights the moment he is conceived in the womb of the mother
  • Pertains to the identity and recognition of an individual as person having his rights
  • Shall commence from the moment of conception, thus all children shall have the right to be born and the right to live
• Child Welfare Paramount


  • The best interest of the child should be the top consideration, what is best for the child should be the top priority
  • All questions regarding the care, custody, education, and property of the child, his welfare shall be the paramount consideration
• Parental Authority (Patria Potestas)


  • Rights and obligations which parents have in relation to the person and property of their minor children until emancipation
  • Parental authority includes parental responsibility
  • The sum total of the rights of the parents over the person and property of their child
  • The exercise of which has no distinction between a legitimate and an illegitimate child
  • The father and the mother shall exercise jointly just and reasonable parental authority and responsibility over their legitimate or adopted child
  • In case of death of either parent, the surviving parent shall exercise sole parental authority
  • In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary
• Suspension of Parental Authority


  Different from termination in the sense that termination may mean permanent while suspension always means temporary
• Grounds for Suspension of Parental Authority


  • Conviction of parent for crime without civil interdiction
  • Treat child with excessive harassment and cruelty
  • Gives corrupting orders
  • Compels child to beg
  • Subjects to or allows acts of lasciviousness
• Parental Authority is Terminated on the Following Cases


  • Upon adoption
  • Upon appointment of a guardian
  • Upon declaration of abandonment of the child
  • Upon final judgement of a competent divesting the party concerned of parental authority
  • Upon judicial declaration of absence or incapacity of the person exercising parental authority
• Grounds for the Permanent Termination of Parental Authority


  • Death of parents
  • Death of child
  • Emancipation of child
  • Parents exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse
• A CHILD UNDER 7 YEARS OLD SHALL NOT BE SEPERTED FROM THE MOTHER UNLESS THE COURT FINDS COMPELLING REASONS TO ORDER OTHERWISE. PARAMOUNT CONSIDERATION IN MTTERS OF CUSTODY OF A CHILD IS THE WELFARE AND WELL-BEING OF THE CHILD.
• Substitute Parental Authority


  • Grandparents
  • Oldest brother or sister at least 21 years of age
  • Relative who has actual custody of the child/guardian duly appointed by the court
• Special Parental Authority


  • Concept introduced by EO 209
  • Special Parental Authority is concurrently exercised with parental authority
  • It rests in theory that while the child is in the care and custody of the person/s exercising special parental authority, the parents temporarily relinquish parental authority over the child to the latter
• Characteristics of Parental Authority


  • It is the natural right and duty of the parents
  • It cannot be renounced, transferred or waived except in cases authorized by law
  • It is jointly exercised by the father and mother
  • It is purely personal and cannot be exercised through agents
  • It is temporary and will end when the child emancipated or can otherwise take care of himself and his property, or the parent is unable to properly exercise the authority
• Exceptions to Parental Authority


  • Adoption
  • Guardianship
  • Commitment of the child in an entity or institution engaged in child care or in a children's home, such as the DSWD and DSWD-accredited child-caring institutions
• Parental authority is jointly exercised by both parents, but the law also stipulates that in case of disagreement, the decision of the father will prevail unless there is judicial order to the contrary.
• In case they are not married, the general rule is that the mother shall have the sole parental authority over the child, s provided by Art. 176 of EO 209.
• In case of separation of married parents, parental authority shall be exercised by the parents designated by the court. And the law explicitly provides that no child under seven (7) years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise. The basis of this rule is that a child below seven years old still need the loving, tender care that only a mother can give.
• EO 209 rules on parental authority


  • In case of absence of death of one parent, the remaining parent shall continue to exercise parental authority
  • In case of remarriage of the surviving parent, parental authority shall not be affected unless the court appoints a guardian for the child
• Guardian


  A person who acts for another whom the law regards as incapable of managing his own affairs
• Guardianship


  A trust relation of the most sacred character in which one person, called guardian, acts for another called ward, whom the law regards s incapable of managing his own affairs
• Ward


  A minor who is under the jurisdiction of the juvenile court for a delinquent act, status offense, or an allegation or finding of abuse, neglect, or dependency. Also a person who has a legally appointed guardian is the ward of that guardian
• Termination of Parental Rights


  A judicial proceeding freeing a child from all custody and control by a parent or parents, so that the child can be adopted by others
• Emancipation


  Freedom from parental authority in which takes place upon reaching the age of majority. The parents can no longer exercise the parental authority over their children who have reached the age of 18 because they are now adults
• Liability of Parents


  • Parents and guardians are responsible for the damage caused by the child under their parental authority in accordance with the Civil Code
  • Parents and guardians have the responsibility of paying for whatever injury or damage their minor children or ward had caused another, whether intentional or accidental
• Special Categories of Children


  • Dependent Child - one who is without a parent, guardian or custodia; or one whose parents, guardian or other custodian for good cause desirec to be relieved of his care and custody; and is dependent upon the public support
  • Abandoned Child - one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six (6) continuous months (as amended by RA 9523 in which Abandoned Child may refer to a child who has no proper parental care or guardian, or whose parent/s have deserted him/her for a period of at least (3) continuous months, which includes a founding)
  • Neglected Child - one whose basic needs have been deliberately unattended or inadequately attended. Neglect may occur in two ways: Physical neglect - malnourished, ill-clad and without proper shelter and a child is unattended when left by himself without provisions for his needs and or without proper supervision; Emotional neglect - 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 and other vices
• Classification of Child and Youth Welfare Agencies


  • Child Caring Institution - provides 24 resident group care service for the physical, mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children or youthful offenders
  • Bahay Pag-asa - 24 hour child caring institution established, funded and managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term resident care for children in conflict with the law who are above 15 but below 18 years of age who are awaiting court decision of their cases or transfer to other agencies or jurisdiction
  • Shelter-Care Institution - one that provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because o
• Classification of Child and Youth Welfare Agencies


  • Child Caring Institution
  • Bahay Pag-asa
  • Shelter-Care Institution
  • Receiving Homes
  • Nursery
  • Maternity Homes
  • Youth Rehabilitation Center
  • Reception and Study Center
  • Child-Placing Agency
• Child Caring Institution


  Provides 24 hour resident group care service for the physical, mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children or youthful offenders
• Bahay Pag-asa


  24 hour child caring institution established, funded and managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term resident care for children in conflict with the law who are above 15 but below 18 years of age who are awaiting court decision of their cases or transfer to other agencies or jurisdiction
• Shelter-Care Institution


  Provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family or a court order holding them as material witnesses
• Receiving Homes


  Family type homes which provide temporary shelter from 10 to 20 days for children who shall during this period be under observation and study for eventual placement by the Department of Social Welfare
• Nursery


  Provides care for six or more children below six years of age for all or part of a 24 hour day, except those duly licensed to offer primarily medical and educational services
• Maternity Homes


  An institution or place of residence whose primary function is to give shelter and care to pregnant women and their infants before, during and after delivery
• Youth Rehabilitation Center


  An institution that receives and rehabilitates youthful offenders or other disturbed children
• Reception and Study Center


  An institution that receives for study, diagnosis, and temporary treatment, children who have behavioral problems for the purpose of determining the appropriate care for them
• Child-Placing Agency


  An institution or person assuming the care, custody, protection and maintenance of children for placement in any child-caring institution or home or under the care and custody of any persons or persons for the purposes of adoption, guardianship or foster care
• Important Terms: Mentally Retarded Children


  • Socially incompetent, that is, socially inadequate and occupationally incompetent and unable to manage their own affairs
  • Mentally subnormal
  • Retarded intellectually from birth or early age
  • Retarded at maturity
  • Mentally deficient as a result of constitutional origin, through heredity or disease
  • Essentially incurable
• Important Terms: Physically-Handicapped Children


  • Crippled
  • Deaf-mute
  • Blind
  • Otherwise defective which restricts their means of action on communication with others