Lecture-2-Juvenile justice system.pptx.pdf

PROF. JAIME D. RAMONES
Juvenile Delinquency
and
Juvenile Justice
System

"Parents" as here used shall include the
guardian and the head of the institution or foster
home which has custody of the child. (PD 603,
Art. 59, para. 2)

Parental authority:
Parents have the primary authority over their minor children, including the power to make
decisions about their upbringing, education, and healthcare.
Duty to support:
Parents are legally obligated to provide for their children's basic needs, including food,
shelter, and clothing.
Custody and company:
Parents have the right to keep their children in their company and to determine where
they reside.
Representation in legal matters:
Parents can represent their minor children in legal proceedings, with certain limitations
depending on the child's age.
Discipline and correction:
Parents have the right to discipline their children, but within reasonable limits and without
causing harm.

PARENTAL AUTHORITY, Article 17, PD 603
Joint Parental Authority. - The father and mother shall exercise jointly just and
reasonable parental authority and responsibility over their legitimate or adopted
children. In case of disagreement, the father's decision shall prevail unless there is a
judicial order to the contrary.
In case of the absence or death of either parent, the present or surviving parent shall
continue to exercise parental authority over such children, unless in case of the
surviving parent's remarriage, the court, for justifiable reasons, appoints another
person as guardian.
In case of separation of his parents, no child under five years of age shall be
separated from his mother unless the court finds compelling reasons to do so.

PARENTAL AUTHORITY, PD 603
Art. 18. Grandparents. - Grandparents shall be consulted on important family
questions but they shall not interfere in the exercise of parental authority by the
parents.
Art. 19. Absence or Death of Parents. - Grandparents and in their default, the oldest
brother or sister who is at least eighteen years of age, or the relative who has actual
custody of the child, shall exercise parental authority in case of absence or death of
both parents, unless a guardian has been appointed in accordance with the
succeeding provision.
Art. 20. Guardian. - The court may, upon the death of the parents and in the cases
mentioned in Arts. 328 to 332 of the Civil Code, appoint a guardian for the person and
property of the child, on petition of any relative or friend of the family or the Department
of Social Welfare.

PARENTAL AUTHORITY, PD 603
Article 21. Dependent, Abandoned or Neglected Child. - The dependent,
abandoned or neglected child shall be under the parental authority of a suitable or
accredited person or institution that is caring for him as provided for under the four
preceding articles, after the child has been declared abandoned by either the court or
the Department of Social Welfare.

Article 43. Primary Right of Parents. - The parents shall have the right to the
company of their children and, in relation to all other persons or institutions dealing
with the child's development, the primary right and obligation to provide for their
upbringing.
Article 44. Rights Under the Civil Code. - Parents shall continue to exercise the
rights mentioned in Articles 316 to 326 of the Civil Code over the person and
property of the child.
Article 45. Right to Discipline Child. - Parents have the right to discipline the child
as may be necessary for the formation of his good character, and may therefore
require from him obedience to just and reasonable rules, suggestions and
admonitions.

PERMANENT LOSS OF PARENTAL AUTHORITY
1. After the parent’s demise/death;
1. Following the Child’s demise;
1. Upon the child’s emancipation.
(Permanent because there is no possibility of its revival)

PARENTAL AUTHORITY expires unless it is later reinstated by a
court decision
1. After the child’s adoption;
1. After a general guardian is appointed;
1. After a court rule that the child was abandoned in a lawsuit that was specifically
brought for that purpose;
1. Following the court’s final decision stripping the offending party of parental rights;
1. After a court declares the parent with parental power incapacitated or absent

CATEGORIES OF CHILDREN
(Art. 141, PD 603)
1. DEPENDENT
is one who is without a parent, guardian or custodian; or one whose parents, guardian
or other custodian for good cause desires to be relieved of his care and custody; and
is dependent upon the public for support.
3. ABANDONED
- one who had no proper parental cate guardianship or whose parents or guardians
have deserted him for a period of at least 6 consecutive months (PD603)
- refers to a child who has no proper parental care or guardianship, or whose parents
have deserted him or her for a period of at least three continuous months (RA 9523)

3. NEGLECTED CHILD is one whose basic needs have been deliberately
unattended or inadequately attended. Neglect may occur in two ways:
(a) There is a physical neglect when the child is malnourished, ill clad and without
proper shelter.
(b) A child is unattended when left by himself without provisions for his needs
and/or without proper supervision.
(c) Emotional neglect exists: when 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 and other
vices.

4. Commitment or surrender of a child is the legal act of entrusting a child to the
care of the Department of Social Welfare or any duly licensed child placement
agency or individual.
Commitment may be done in the following manner:
(a) Involuntary commitment, in case of a dependent child, or through the
termination of parental or guardianship rights by reason of abandonment,
substantial and continuous or repeated neglect and/or parental
incompetence to discharge parental responsibilities, and in the manner,
form and procedure hereinafter prescribed.
(b) Voluntary commitment, through the relinquishment of parental or
guardianship rights in the manner and form hereinafter prescribed.

SPECIAL CATEGORIES OF CHILDREN
"Disabled children" as used in this Chapter shall include mentally
retarded, physically handicapped, emotionally disturbed, and severe
mentally ill children.

1. MENTALLY-RETARDED (Art. 168)
Mentally retarded children are
(1) socially incompetent, that is, socially inadequate and occupationally incompetent
and unable to manage their own affairs;
(2) mentally subnormal;
(3) retarded intellectually from birth or early age;
(4) retarded at maturity;
(5) mentally deficient as a result of constitutional origin, through hereditary or
disease, and (6) essentially incurable.

Art 169, PD 603 Classification of Mental Retardation. -
1. Custodial Group. severely or profoundly retarded. the least
capable group. This includes those with I.Q.s to 25.
2. Trainable Group. I.Q.s from about 25 to about 50; shows a mental
level and rate of development which is 1/4 to 1/2 that of the average
child, is unable to acquire higher academic skills, but can usually
acquire the basic skills for living to a reasonable degree. He can
likewise attain a primary grade level of education if he receives
effective instruction.

3. Educable Group. I.Q. = 50 to about 75, and the intellectual
development is approximately 1/2 to 3/4 of a normal child of the
same chronological age. The degree of success or accomplishment
that they will reach in life depends very much on the quality and type
of education they receive, as well as on the treatment at home and
in the community. Many may reach 5th or 6th grade educational
level and can develop occupational skills which may result in partial
or complete economic independence in adulthood.

4. Borderline or Low Normal Group. This is the highest group of
mentally retarded, with I.Q.s from about 75 to about 89. The
members of this classification are only slightly retarded and they can
usually get by in regular classes if they receive some extra help,
guidance and consideration. They have to spend much more time
with their studies than do most children in order to pass. Those who
cannot make it are usually handicapped by one or more other
conditions aside from that of intelligence.

2. PHYSICALLY- HANDICAPPED (Art. 170)
- are those who are crippled, deaf-mute, blind, or otherwise defective
which restricts their means of action on communication with others.
3. EMOTIONALLY DISTURBED CHILDREN. (Art. 171) - 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 or complexes.
4. MENTALLY ILL CHILDREN (Art. 172). - Mentally ill children are
those with any behavioral disorder, whether functional or organic, which
is of such a degree of severity as to require professional help or
hospitalization.

CATEGORIES OF CHILDREN
7. MENTALLY-ILL
-With behavioral disorder, whether functional or organic, which is of such a degree of severity
as to require professional help or hospitalization
8. DISABLED- includes mentally retarded, physically handicapped, emotionally disturbed and
mentally ill children

PARENTAL RESPONSIBILITY
- the sum total of the duties and obligations of parents over their minor children
LIABILITIES OF PARENTS
- parents and guardians are responsible for the damage or injury cause by the child under their parental
authority
LEGAL CUSTODY
- in case of separation of parents, no child under Seven (7) years of age shall be separated from his
mother unless the court decides otherwise
GUARDIANSHIP
- a trust relation of the most sacred character, in which one person, called a guardian, acts for another,
called a ward, regarded as incapable of managing his own affairs

SUBSTITUTE PARENTAL AUTHORITY
- in case of absence or death of both parents, substitute parental authority shall be given to the
following, in order of priority:
1. Grandparents
2. Oldest brother or sister at least 21 years of age
3. Relative who has actual custody of the child/ guardian duly appointed by the court

EMANCIPATION
Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of eighteen years
( Art. 234, RA 6809, amending the Family Code of the Philippines EO No. 209)
AGE OF MAJORITY
18 years old

EFFECTS EMANCIPATION:
• shall terminate parental authority over the person and property
of the child who shall then be qualified and responsible for all
acts of civil life, save the exceptions established by existing
laws in special cases.
• "Contracting marriage shall require parental consent until the
age of twenty-one.

Article 189. Youthful Offenders. - is one who is over 9 years but
under 21 years of age at the time of the commission of the offense.
A child 9 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 the
discretion of the court and subject to its supervision.
The same shall be done for a child over 9 years and under 15
years of age at the time of the commission of the offense, unless
he acted with discernment, in which case he shall be proceeded
against in accordance with Article 192.

Lecture-2-Juvenile justice system.pptx.pdf

USE OF SURNAME OF ILLEGITIMATE CHILDREN
(Family Code of the Philippines, EO 209, as amended by RA 9255)
ILLEGITIMATE CHILD - A child is considered illegitimate if their parents
were not legally married when they were born.
Article 176 of the Family Code of the Philippines governs the surname of
illegitimate children. It also states that illegitimate children are under the
parental authority of their mother.

Art. 176, Civil Code of the Philippines
∙ Illegitimate children are entitled to support
∙ They can use their father's surname if the father acknowledges their
filiation
∙ The father can contest paternity in court during his lifetime
How can the father acknowledge paternity?
∙ By signing an affidavit of acknowledgment in front of a notary public
∙ By having his name included on the child's birth certificate with his
consent
What happens if the father doesn't acknowledge paternity?

REQUIREMENTS INTHE USE OF SURNAME OF FATHER
FOR ILLEGITIMATE CHILD:
1. Local copy of Birth Certificate of the child
2. Affidavit to use the surname of the Father/ RA 9255 Form 1
3. Affidavit of Acknowledgment
4. 3 valid IDs of father and Residence Certificate

ADOPTION
- is the taking into one’s family of the child of another, as son or
daughter and heir, and conferring on it a title to the rights and
privileges of such.
- is the process of making a child, whether related or not to the
adopter, possess in general, the rights accorded to a legitimate
child.

ADOPTER - is the person adopting or petitioning for the adoption of a child
ADOPTEE - the child or person being petitioned for adoption
FILIATION/PATERNITY - The acknowledgment of the father of his relationship
with the child
ADOPTED CHILD - a child who underwent the judicial process of adoption
CHILD LEGALLY AVAILABLE FOR ADOPTION - is a child who has been
voluntarily or involuntarily committed to the DSWD or to duly licensed and
accredited child-placing or child-caring agency, freed of the parental authority of
his/her biological parents or guardians or adopter, in case of rescission.
- is a child in whose favor a certification was issued by the DSWD that he/she is
legally available for adoption after the fact of abandonment or neglect has been
proven through the submission of

INTER-COUNTRY ADOPTION
- the socio-legal process of adopting a Filipino child by a foreigner or
a Filipino citizen permanently residing abroad where the petition is
filed, the supervised trial custody is undertaken, and the decree of
adoption is issued in the Philippines (Sec. 3(a), RA 8043)

DISTINCTION
DOMESTIC ADOPTION
● Governed by RA 8552, the Domestic
Adoption Act of 1998; procedure governed
by AM No. 02-06-02-SC,Aug. 22, 2002.
● Applies to domestic adoption of Filipino
children, where the entire adoption
process takes place in the Philippines.
● Governed by RA 8043, the Inter-Country
Adoption Act of 1995; procedure governed
by the Amended Implementing Rules and
Regulations on ICAA
● Applies to adoption of Filipino children in a
foreign country, where the petition for
adoption is filed, the supervised trial
custody is undertaken and the decree of
adoption is issued outside of the
Philippines.

DISTINCTION
DOMESTIC ADOPTION
● A child legally available for adoption,
requisites:
○ Below 18 years old
○ Judicially declared available for adoption
EXCEPTIONS:
1. Legitimate child of one spouse by the other
spouse;
2. Illegitimate child by a qualified adopter
3. Person of legal age if, prior to the adoption
said person has been consistently
considered and treated by the adopter/s as
his/her own child since minority.
● Only a legally free child may be adopted.
Requisites:
○ Below 15 years old;
○ Has been voluntarily or involuntarily
committed to the DSWD in
accordance with PD 603

WHO MAY ADOPT (RA 8552, amending PD 603)
(a) Any Filipino citizen of legal age, in possession of full civil capacity and
legal rights, of good moral character, has not been convicted of any crime
involving moral turpitude, emotionally and psychologically capable of
caring for children, at least 16 years older than the adoptee, and who is in
a position to support and care for his/her children in keeping with the
means of the family.
The requirement of sixteen (16) year difference between the age of the
adopter and adoptee may be waived when the adopter is the biological
parent of the adoptee, or is the spouse of the adoptee's parent;

(c) The guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the
other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter:
Provided, However, that the other spouse has signified his/her
consent thereto; or
(iii) if the spouses are legally separated from each other.

WHO MAY ADOPT (RA 8552, amending PD 603)
(b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the
Republic of the Philippines, that he/she has been living in the Philippines for at
least three (3) continuous years prior to the filing of the application for adoption
and maintains such residence until the adoption decree is entered, that he/she
has been certified by his/her diplomatic or consular office or any appropriate
government agency that he/she has the legal capacity to adopt in his/her
country, and that his/her government allows the adoptee to enter his/her country
as his/her adopted son/daughter:

Provided, Further, That the requirements on residency and certification of the
alien's qualification to adopt in his/her country may be waived for the
following:
(i) a former Filipino citizen who seeks to adopt a relative within the 4th
degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino
spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with
his/her spouse a relative within the 4th degree of consanguinity or affinity
of the Filipino spouse; or

WHO MAY ADOPT UNDER INTERCOUNTRY ADOPTION
FILIPINO CITIZENS:
1. Permanent resident in a foreign country
2. Has the capacity to act and assume all rights and responsibilities of parental
authority under Philippine laws
3. Has undergone the appropriate counseling from an accredited counselor in
country of domestic
4. Has not been convicted of a crime involving moral turpitude
5. Eligible to adopt under Philippine laws
6. In a position to provide proper care and support and to give the necessary
moral values and example to all his children, including the child to be
adopted

7. Agrees to uphold the basic rights of the child as embodied under Philippine
laws, the UN Convention on the Rights of the Child, and to abide by the rules
and regulations issued to implement the provisions of the ICAA;
8. Residing in a country with whom the Philippines has a diplomatic relations
and whose governemnt maintains a similarly authorized and accredited agency
and that adoption is allowed in that country;
9. Possesses all the qualifications and none of the disqualifications provided in
the ICAA and in other applicable Philippine laws;
10. At least 27 years old at the time of the application
11. At least 16 years older than the child to be adopted at the time of
application, unless (a) adopter is the parent by nature of the child to be adopted,
or (b) adopter is the spouse of the parent by nature of th child to be adopted

ALIENS:
1. At least 27 years old at the time of application
2. At least 16 years older than the child to be adopted at the time of the
application unless the adopter is the parent by nature of the child to be
adopted or the spouse of such parent;
3. Has the capacity to act and assume all rights and responsibilities of parental
authority under his national laws
4. Has undergone the appropriate counseling from an accredited counselor in
his/her country
5. Has not been convicted of a crime involving moral turpitude

6. Eligible to adopt under his/her national law;
7. In a position to provide proper care and support to give the necessary moral values
and example to all his children, including the child to be adopted
8. Agrees to uphold the basic rights of the child as embodied under Phil. laws, the UN
Convention on the Rights of the Child, and to abide by the rules and regulations issued t
implement the provisions of the ICAA;
9. Comes from a country with whom the Philippines has diplomatic relations and whose
government maintains a similarly authorized and accredited agency and that adoption is
allowed under his/her national laws;
10. Possesses all the qualifications and non of the disqualifications provided in the ICAA
and in other applicable Philippibe laws

Who May Be Adopted.
Any person below eighteen (18) years of age who has been administratively or
judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that
of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of said
parent(s).

Article 28. Who May Not Adopt. - The following persons may not adopt:
1. A married person without the written consent of the spouse;
2. The guardian with respect to the ward prior to final approval of his
accounts;
3. Any person who has been convicted of a crime involving moral
turpitude;
4. An alien who is disqualified to adopt according to the laws of his own
country or one with whose government the Republic of the Philippines
has broken diplomatic relations.

Article 30. Who May Not Be Adopted. - The following may not be
adopted:
1. A married person, without the written consent of the spouse;
2. An alien with whose government the Republic of the Philippines
has broken diplomatic relations;
3. A person who has already been adopted unless the adoption has
been previously revoked or rescinded in accordance with this
Chapter.

DISTINCTION
DOMESTIC ADOPTION
● General rule: husband and wife shall jointly
adopt; otherwise, the adoption shall not be
allowed.
Exceptions:
1. If one spouse seeks to adopt the legitimate
son/daughter of the other
2. If one spouse seeks to adopt his/her own
illegitimate son/daughter BUT the other
spouse must give his/her consent
3. If the spouses are legally separated from
each other
● The adopter is married, his/her spouse
must jointly file for the adoption

DISTINCTION
DOMESTIC ADOPTION
WHERE TO FILE THE APPLICATION:
In the Family Court of the province or
city where the prospective parents
reside.
AFTER FILING: The petition shall NOT
be set for hearing without a case study
report by a licensed social worker
WHERE TO FILE THE APPLICATION: Either in (a)
Family court having jurisdiction over the place where
the child resides or may be found, or (b)
Inter-Country Adoption Board (ICAB) through an
intermediate agency in the country of the
prospective adoptive parents;
AFTER FILING: (a) if filed in FC, court determines
sufficiency of petition in respect to form and
substance, after which, petition is transmitted to
ICAB; (b) is petition is filed with ICAB, it conducts
matching of the applicant with an adoptive child; ©
after matchmaking, the child is fetched by the
applicant for the trial custody which takes place
outside Phils.

DISTINCTION: SUPERVISEDTRIAL CUSTODY
DOMESTIC ADOPTION
a. Temporary parental authority is vested in
prospective adopter
b. Period is at least 6 mos., but may be
reduced by the court motu propio or upon
motion;
c. If adopter is alien, must complete 6-month
trial custody, unless if (a) a former Filipino
citizen seeks to adopt a relative within 4th
degree of consanguinity or affinity; (b) one
seeks to adopt the legitimate child of the
Filipino spouse © one who is married to a
Filipino citizen and seeks to adopt jointly
with the spouse a relative within 4th civil
degree of consanguinity or affinity of the
Filipino spouse
a. Takes place outside the country and
under the supervision of a foreign
adoption agency;
b. 6 months period
c. If unsuccessful, ICAB shall look for
another prospective applicant.
Repatriation of a child is to be resorted
only as a last resort;
d. If unsuccessful, ICAB transmits a written
consent for the adoption to be executed
by the DSWD, and the applicant then
files a petition for adoption in his/her
country.

EFFECTS OF ADOPTION
Section 16. Parental Authority. – Except in cases where the biological parent
is the spouse of the adopter, all legal ties between the biological parent(s) and
the adoptee shall be severed and the same shall then be vested on the
adopter(s).
Section 17. Legitimacy. – The adoptee shall be considered the legitimate
son/daughter of the adopter(s) for all intents and purposes and as such is
entitled to all the rights and obligations provided by law to legitimate
sons/daughters born to them without discrimination of any kind. To this end, the
adoptee is entitled to love, guidance, and support in keeping with the means of
the family.
Section 18. Succession. – In legal and intestate succession, the adopter(s)
and the adoptee shall have reciprocal rights of succession without distinction
from legitimate filiation. However, if the adoptee and his/her biological parent(s)
had left a will, the law on testamentary succession shall govern.

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