SOCIOLOGY OF CRIMES AND

ETHICS

JUVENILE DELINQUENCY
“ CHILD IN CONFLICT W/
THE LAW”
JUVENILE DELINQUENCY
• It generally refers to youth behavior which is
against the norms or conduct and regulations
of the society when if not taken cared of or left
unchecked would result to criminality.
• There is a saying “an ounce of prevention is
better than a pound of cure” which clearly
explains the information of behavior of the
youth.

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PURPOSES OF STUDYING JUVENILE
DELINQUENCY

• It usually focused on its causes, the

impact on the family community
school and the society. The objective is
to determine the impact to community
know the various factors causes and
conditions that leads to delinquency.

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NATURE OF DELINQUENCY
*Juvenile crime used to describe
offenses committed by children or
youth under the age of 18. offenses
includes serious misbehavior such as
truancy and parental disobedience
and if it becomes serious it may be
tried in court, subject to
imprisonment.

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HISTORY OF JUVENILE DELINQUENCY

*Juvenile delinquency existed before the 19th

century were children were treated non-persons
they do not have convenience as compared to
medical practice and marriage .child and infant
mortality were high as parents did not create
emotional bonding that resulted to non-survival
of children until adulthood.

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THE BEGINNING OF CHILDHOOD

• This period is also called the

beginning of humanism and
reason it was the invention of
childhood, love and nurturing, the
youth begin to join groups and
allowed to earn an education.

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INNOVATIONS
*In ancient Britain children at the
age of 7 were tried convicted and
punished as adults with no special
treatment. Punishment before is
very much different from today
.children of no parental guidance
resulted to delinquency.
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 INDUSTRIALIZATION
This also refers to modern juvenile
delinquency compared to agriculture
improved to machine- based labor
where intensive production inspires
workers because of profit-making.

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 • URBANIZATION
Crimes greatly arises in urban
unemployment, lack of supervision by
parents leads to criminality, poverty
became resulted to non-schooling of
youth, joined groups of snatchers,
pickpocketters ,used of rugby or
drugs, theft and shop lifting.
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 DISTINCTION BETWEEN
DELINQUENCY AND DELINQUENTS

• DELINQUENCY
- IS A SOCIAL PHENOMENON NAMELY
AN ANTI- SOCIAL ACT INVOLVING THE
INTERACTION BETWEEN INDIVIDUAL
AND SOCIETY.

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• DELINQUENT
IS A CHILD OR YOUNGSTER
WHOSE BEHAVIOR IS FROBIDDEN
BY LAW OR SOMETHING THAT IS
NOT ACCEPTABLE TO SOCIETY
A MINOR IS ONE WHO IS BELOW
18 YEARS OF AGE( R.A 7610)

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ABANDONED AND NEGLECTED CHILD

• ABANDONED CHILD- IS ONE WHO

HAS NO PARENTS OR GUARDIANS OR
THOSE PARENTS OR GUARDIANS
HAS ABANDONED HIM/HER FOR A
PERIOD OF AT LEAST SIX (6)
MONTHS.

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 NEGLECTED CHILD

- ONE WHOSE NEEDS HAS BEEN

DELIBERATELY OR INADEQUATELY
ATTENDED, THE CHILD HER IS EITHER
1) MALNOURISHED- ILL CLAD AND NO
SHELTER
2) LEFT W/O PROVISION FOR HIS NEEDS
OR NO PROPER SUPERVISION

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• NEGLECTED CHILD MAY OCCUR IN TWO WAYS:
PHYSICAL AND CHILD DEVELOPMENT

• DISPLACED CHILDREN USUALLY HAPPENED DURING

CONFLAGRATION AND FLOOD

• IN DECIDING TO ADOPT A DISPLACED CHILD… AT

LEAST 6 MONTHS IS THE GIVEN PERIOD BY THE
COURT TO THE ADOPTING PARENTS.

• THE ADOPTER IN ADOPTING A CHILD MUST BE AT

LEAST 20 YEARS OLD.

• THE ADOPTED CHILD CANNOT MARRY THE WIDOW OF

HIS/HER ADOPTER.

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 LEGITIMATE AND ILLEGITIMATE CHILD

• LEGITIMATE-
PARENTS ARE LEGALLY MARRIED

• ILLEGITIMATE-
ARE CHILDREN WITHOUT WEDLOCK

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 DETENTION HOME

• A 24 HOUR CHILD CARING INSTITUTION

PROVIDED FOR CHILDREN UNDER
DETENTION WHILE AWAITING
DISPOSITION OF THEIR CASE BY THE
COURT OR WHILE WAITING FOR THE
TRANSFER TO ANOTHER AGENCIES OR
JURISDICTION.

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 REHABILITATION CENTER

• IS AN INSTITUTION WHOSE FUNCTION IS

TO REHABILITATE YOUTHFUL OFFENDERS
OR DISTURBED CHILDREN.

e.g. Vicente Madrigal Rehab Center for Boys and

Marilao Hills for Girls

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 INVOLUNTARY COMMITMENT
• EFFECTED BY THE COURT THROUGH THE PETITION
OF THE DSWD.

• HERE, THE COURT ORDERS THE TERMINATION OF

PARENTAL GUARDIANSHIP REQUEST BECAUSE OF
ABANDONMENT, NEGLECT OR INCOMPETENCE.

• THE PETITION FOR THE INVOLUNTARY

COMMITMENT OF A CHILD SHALL BE FILED AT THE
REGIONAL TRIAL COURT(RTC).

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• COMMITMENT OF A CHILD IN AN INSTITUTION
MAY BE DONE IN BOTH; VOLUNTARY AND
INVOLUNTARY.

• THE GRANDPARENTS SHALL INTERFERE IN

DECISION MAKING FOR THE CHILDREN IN
EXERCISING PARENTAL AUTHORITY.

• PARENTS HAS NO PREROGATIVE IN CHOSING

THE CAREER AND FUTURE SPOUSE OF THEIR
CHILDREN,THERE ROLE IS JUST TO GUIDE AND
TO ADVISED THEM.

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 VOLUNTARY COMMITMENT

• HERE, IT IS THE PARENTS OR

GUARDIANS WHO PETITION THE
COURT FOR RELINQUISHMENT OF
PARENTAL OR GUARDIANSHIP
AUTHORITY.

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 ACACIA GROUP HOME

• A SOJUORN HOME FOR MINOR MALE

DETAINEES WHILE AWAITING FOR
THE DISPOSITION OF THEIR CASE.

• THIS IS LOCATED IN QUEZON CITY

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 YOUTH RESIDENCE
• HALF-WAY HOMES IN THE
COMMUNITY WHERE THE MINOR
RECEIVES ASSISTANCE TO ADJUST THE
COMMUNITY.

SOCIAL DISINTEGRITY

• A DEPARTURE FROM THE USUAL

NORMS OF SOCIAL CONDUCT.

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 COMMUNITY

• IS A GROUP OF PEOPLE WHO HAS A

SENSE OF BELONGING TOGETHER,
LIVES AND RESIDES IN A GIVEN
GEOGRAPHICAL AREAS.

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 PROSTITUTION
• IS A TYPE OF SOCIAL DEVIATION
WHEREIN INDIVIDUAL OFFER SEX IN
EXCHANGE OF MONETARY.
PROMISQUITY
• IS A SOCIAL DEVIATION WHEREIN GILRS
RECEIVES GIFTS, JEWELRY AND EVEN
MONEY, BUT THE SUPPOSED
RELATIONSHIP IS NOT A COMMERCIAL
CHARACTER.
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 LEGAL IMPLICATION OF YOUTHFUL
OFFENDERS ON A CRIMINAL LIABILITY

• LESS THAN 9 YRS OLD- NO CRIMINAL BUT

ONLY CIVIL LIABILITY.

• 9 YRS BUT LESSTHAN 15 – STILL EXEMPTED

FROM CRIMINAL LIABILITY EXCEPT IF
HE/SHE ACTED W/ DISCERNMENT.

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• IF HE/SHE ACTED W/ DISCERNMENT ( 9 YRS- LESS-
15)- THE PENALTY IS TWO DEGREE LOWER.

• IN THIS CASE, WHEN THE JUDGE FINDS THE MINOR

GUILTY.

• JUDGMENT WILL BE SUSPENDED AND COMMIT HIM

TO AN INSTITUTION.

• SENTENCE WILL BE RENDERED IF HE IS FOUND TO

BE INCORRIGIBLE AFTER ATTAINING THE AGE OF
MAJORITY (18 YRS OLD )

• 15 YRS BUT LESS THAN 18- ONE DEGREE LOWER.

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 THE ROLE OF THE
DIFFERENT SECTORS

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The family - the family
shall be responsible
for the primary
nurturing and rearing
the children which is
critical in delinquency
prevention.

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The educational institution -
shall work together with
families, community
organization and agencies
preventing juvenile
delinquency.

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The mass media
- shall play an active role
in promotion of child
rights and delinquency
prevention by relaying
consistent messages
trough balanced
approach.

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 Establishment and
strengthening of local
councils for the protection
of children, the local council
shall serve as the primary
agency to coordinate with
the assist the LGU
concerned with the adoption
of comprehensive plans on
delinquency prevention.

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 Appointment of local
social welfare and
development officer

All LGU’s shall appoint

a duly licensed social
worker as its social
welfare officer.

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 The sanguniang
kabataan - the S.K
shall coordinate with
the lcpc in formulation
and implication of
juvenile intervention.

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WHAT R.A 9344?

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• R.A 9344- OTHERWISE KNOWN AS THE “
JUVENILE JUSTICE AND WELFARE ACT
OF 2006”
• “ AN ACT OF ESTABLISHING A
COMPREHENSIVE JUVENILE JUSTICE AND
WELFARE SYSTEM , COMBATING THE
JUVENILE JUSTICE AND WELFARE COUNCIL
UNDER THE DOJ”.

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• “BEST INTEREST OF THE CHILD”- REFERS
TO THE TOTALITY OF THEW
CIRCUMSTANCES & CONDITIONS W/C
ARE MOST CONGENIAL TO THE
SURVIVAL, PROTECTION & FEELING OF
SECURITY OF THE CHILD.

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• “CHILD”- REFERS TO THE PERSON UNDER THE
AGE OF EIGHTEEN (18) YEARS OLD.
• “CHILD RISK”- REFERS TO A CHILD WHO TO
VULNERABLE AND AT RISK OF COMMITTING
CRIMINAL OFFENSES DUE TO THE FAMILY,
PERSONAL & SOCIAL CIRCUMSTANCES LIKE:
1) BEING SEXUALLY ABUSED BY PERSON.

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2) BEING EXPLOITED BEING SEXUALLY
OR ECONOMICALLY.
3) BEING ABANDONED OR NEGLECTED.
4) COMING FROM
DYSFUNCTIONAL/BROKEN FAMILY
SUCH AS:
a) BEING OUT OF SCHOOL YOUTH
b) BEING STREET CHILDREN
C) BEING A “GANG” MEMBER
d) LIVING IN A COMMUNITY W/ HIGH LEVEL OF
CRIMINALITY OR DRUG ABUSED & LIVING IN AN
INSTITUTION W/ ARMED CONFLICT 38
• “CHILD IN CONFLICT W/ THE LAW”
(JUVENILE DELINQUENCY)- REFERS
TO THE CHILD WHO IS ALLEGED AS,
ACCUSED OF, OR ADJUDGED AS,
HAVING COMMITTED AN OFFENSE
UNDER THE PHIL LAW.

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• “YOUTH DETENTION HOME”- REFERS TO A
24-hr CHILD CARING INSTITUTION
MANAGE BY ACCREDITED LGU’s AND
LICENSED NGO’s PROVIDING SHORT-TERM
RESIDENTIAL CARE FOR “CHILDREN IN
CONFLICT W/ THE LAW” or JUVENILE CHILD
WHOM AWAITING COURT DISPOSITION OF
THEIR CASE.

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• “YOUTH REHABILITATION CENTER”- REFERS
TO A 24-hr RESIDENTIAL CARE FACILTIY
MANAGE BY DSWD, LGU’s, LICENSED AND
ACCREDITED NGO’s MONITORED BY THE
DSWD, WHICH PROVIDES CARE,
TREATMENT AND REHABILITATION
SERVICES FOR CHILDREN IN CONFLICT
WITH THE LAW.

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 After-Care Support Services
for Children in Conflict with the Law
Children in conflict with the law whose have been
dismissed by the proper court because of good
behavior of the DSWD social worker that any
accredited NGO youth rehabilitation center shall be
provided after-care services by the local social
welfare and development officer for the period of
at least (6) months.

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GENERAL PROVISIONS
Status Offenses:
Any conduct not considered an
offense or not penalized if committed by
an adult shall not be considered an
offense and shall not be punished if
committed by a child.

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Offense Not Applicable to Children:
Persons below eighteen (18) years of age shall be
exempt from prosecution for the crime of
vagrancy and prostitution under Section 202 of
the Revised Penal Code, under P.D. No. 1563,
and sniffing of rugby under P. D. No. 1619, such
prosecution being inconsistent with the United
Nations Convention of the Rights of the Child.

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Exemption from the Application of Death Penalty:
The provisions of the Revised Penal Code, as
amended, Republic Act No. 9165, known as the
Comprehensive Dangerous Drugs Act of 2002,
and other special laws notwithstanding, no death
penalty shall be imposed upon children in
conflict with the law.

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CHILD AND YOUTH WELFARE AND THE
SAMAHAN:

• “Samahan”- refers to the

aggregate of persons working in
commercial, industrial,and
agricultural establishments or
management.
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Duties of the Samahan
1. Prevent the employment of children in any
kind of occupation or calling which is
harmful to their normal growth and
development;

2. Forestall their exploitation by insuring that

their rates of pay, hours of work and other
conditions of employment are in
accordance not only with law but also with
equity;
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3. Give adequate protection
from all hazards to their
safety, health, and morals,
and secure to them their
basic right to an education;

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4. Help out-of-school youth to
learn and earn at the same time
by helping them look for
opportunities to engage in
economic self-sufficient projects;

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5. To coordinate with vocational and
handicraft classes in all schools and
agencies in the barangay,
municipality or city to arrange for
possible marketing of the products
or articles made by the students;

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WORKING CHILDREN:
Employment of Children Below Sixteen Years.
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.

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Duty of Employer to Submit
Report
the Employer shall submit to
the Department of Labor a
report of all children employed
by him.
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Related laws on minors:

P.D 603 - Child and youth

welfare Code
R.A 7610- Child abused law
R.A 9344- Child in conflict w/
the law
R.A 9262- Anti- violence against
women and children 53