3.

BIOLOGICAL APPROACH –the

evaluation of genetic influences to criminal
MODULE 2 behavior. It is noted that heredity is one force
DIFFERENT APPROACHES IN THE STUDY pushing the criminal to crime (Positivist).
OF DELINQUENCY (heredity = criminality)
1) BIOGENIC APPROACH- It gives an 4. PHYSIOLOGICAL APPROACH – the
explanation that law violations and study on the nature of human being
delinquency are a result of some physical concerning his physical needs in order to
defects. satisfy his ants. It explains that the
(physical defects = delinquency) deprivation of the physical body on the basic
2) PSYCHOGENIC APPROACH- It argues needs is an important determiner of the
that the critical factors in delinquency are commission if crime (Maslow). (Ang
personality problems to which misbehavior is kakulangan sa pangangailangan ng katawan
presumed to be the response. ng tao ay maaaring magdulot ng criminality)
(personality problems = delinquency) 5. PSYCHOLOGICAL APPROACH – it is
3) SOCIOGENIC APPROACH- It attributes concerned about the deprivation of the
delinquency pattern to social structures. psychological needs of man which constitute
It views youthful misdeed as a result of a the development of deviations of normal
learning process through interactions behavior resulting to unpleasant emotions
with other members of society. (Freud, Maslow). (Ang kakulangan sa
(problems with society = delinquency) pangangailangan ng tao sa aspeto ng pag-
iisip ay maaaring magdulot ng criminality)
GENERAL APPROACHES: 6. PSYCHIATRIC APPROACH – the
SUBJECTIVE APPROACH explanation of crime through diagnosis of
OBJECTIVE APPROACH mental diseases as a cause of the criminal
CONTEMPORARY APPROACH behavior (Positivist). (sakit sa pag-iisip =
criminality)
1. Subjective approach 7. PSYCHOANALYTICAL APPROACH - the
SUBJECTIVE APPROACHES (crime explanation of crimes based on the Freudian
caused by abnormality within the criminal, Theory which traces behavior as the
kaya nga subjective kasi focused sa deviation of the repression of the basic drives
subject who is the criminal himself) It (Freud). (pinipigil na ID, ego, superego =
deals mainly on the biological explanation criminality)
of crimes, focused on the forms of
abnormalities that exist in the individual 2. Objective approach
criminal before, during and after the OBJECTIVE APPROACHES (Compared to
commission of the crime (Tradio, 1999). Subjective Approach, this is focused on other
Included under this approach are: people, groups or factors- sila raw ang
1. ANTHROPOLOGICAL APPROACH – the dahilan at nakakaimpluwensya sa isang tao
study on the physical characteristics of an at possibly sa tendency nito to commit crime.)
individual offender with nonoffenders in the The objective approaches deal on the study
attempt to discover differences covering of groups, social processes and institutions
criminal behavior (Hooton). (titignan ang as influences to behavior. They are primarily
physical characteristics ni offender vs non- derived from social sciences (Tradio, 1999).
offender kung may kinalaman ba ito sa Under these are:
criminality ng tao.) 1. GEOGRAPHIC APPROACH – this
2. MEDICAL APPROACH - the application approach considers topography, natural
of medical examinations on the individual resources, geographical location, and climate
criminal explains the mental and physical lead an individual to commit crime (Quetelet).
condition of the individual prior and after the (Ang lugar, klima, temperatura ay maaaring
commission of the crime (Positivist). magtulak sa isang tao para gumawa ng
(isasailalim sa medical exam ang tao bago at krimen)
matapos gumawa ng krimen para alamin ang 2. ECOLOGICAL APPROACH – it is
kaniyang kalagayan) concerned with the biotic grouping of men
resulting to migration, competition, social
discrimination, division of labor and social BIOSOCIAL OR TRAIT THEORIES (present
conflict as factors of crime (Park). (ang term for Biogenic Approach) These are based
paggalaw, paglilipat ng tirahan ng tao ay on the view that both thought and behavior
maaaring maging sanhi ng krimen) have biological and social bases.
3. ECONOMIC APPROACH – it deals with (combination of biological and social factors)
the explanation of crime concerning financial They have three sub-theories: biochemical,
security of inadequacy and other necessities neurological and genetics.
to support life as factors to criminality 1) BIOCHEMICAL It views that crime and
(Merton). (when the question talks about delinquency especially violence are the result
money, financial aspects- choose this as the of diet, vitamin intake, hormonal imbalance
answer) and other biological causes. (improper
4. SOCIO – CULTURAL APPROACH – this nutrition/ bodily imbalances = crime)
focuses on institutions, economic, financial, 2) NEUROLOGICAL- It explains that crime
education, political, and religious influences and delinquency occur because the individual
to crime (Cohen). (anything related to culture suffers from brain impairment or abnormality
or religion being influences to criminality) in the structure of the brains. (abnormality in
the brain = crime)
3. Contemporary approach 3) GENETIC - It explains that delinquent
CONTEMPORARY APPROACHES (aka traits and predisposition to criminality are
Modern Approach- combination of two or inherited from parents. Criminality of parents
more theories or a newfound theory) Modern can predict delinquency of children.
days put emphasis on scientific modes of (criminality of parents = may be inherited by
explaining crime and criminal behavior. This children)
approach is focused on the psychoanalytical,
psychiatric and sociological explanations of PSYCHOLOGICAL THEORIES – views
crime in an integrated theory. delinquency as a result of emotional and
mental disturbance of the individual.
CAUSES OF BEHAVIORAL DISORDERS (problema sa isip o emosyon = delinquency) -
1. PREDISPOSING FACTORS - Internal has three sub-theories: psychodynamic,
propensities which may not be considered as behavioral and cognitive
criminal unless the attempt was made. (mere 1) PSYCHODYNAMIC THEORY-
thoughts and tendencies to commit a crime) Delinquency is the result of the imbalance of
2. PRECIPITATING FACTORS - Conditions the three components of personality: id, ego
and elements which provoke crimes such as and superego. (always note the terms about
personal problems, curiosity, ignorance, imbalances of component of personality
necessities, diseases, traumatic experiences especially id, ego and superego)
and the like. (things that can highly 2) BEHAVIORAL THEORY - It believes that
encourage criminality) individuals learn by observing how people
react to their behavior. (learning through
DIFFERENT THEORIES CONCERNING observation of other’s behavior)
DELINQUENCY: 3) COGNITIVE THEORY- Delinquency-prone
CHOICE THEORY It is based on the classical adolescents may have cognitive deficits and
school of criminology that views an individual use information incorrectly when they make
as having free will in choosing his actions and decisions. (failure in decision making =
that he calculates what he will gain or lose if delinquency)
he commits an act. It views the delinquent as
a motivated offender who breaks the law
because he or she perceives an abundance SOCIOLOGICAL THEORIES They view
of benefits and an absence of threat. (Ang tao delinquency as a product of the different
ay may kakayahang alamin ang tama o social factors and dynamics. (social factors
malikung sa tingin nya ay mas malaki ang being cause of delinquency) Four groups of
benepisyo na makukuha nya sa paggawa ng theories:
krimen at mababa ang chance na sya ay 1) SOCIAL STRUCTURE THEORIES - They
mahuli, ito ay kaniyang itutuloy.) hold that delinquency is a function of a
person’s place in the economic structure.
2) SOCIAL PROCESS THEORIES - They as surrogate parents. (si lolo/lola na
view delinquency as a result of poor or faulty nagaalaga sa apo sa isang bahay)
socialization or upbringing 4. Stem – It is similar to the extended family.
3) SOCIAL REACTION THEORIES - They The only difference is that they do not share
view delinquent acts and criminality as common residence. Their residence is
products of stigma and labeling. located only in the same place.
4) SOCIAL CONFLICT THEORIES - They (family 1 and family 2 → nakatira sa
hold that delinquent behavior is a product of magkaibang bahay sa loob ng isang
economic inequality. compound)

MODULE 3 MODEL OF FAMILY:

FAMILY Ideally, a home must have the following:
The first and most basic unit of society a) structural completeness
responsible for developing a child’s potential b) economic security
in all its aspects like physical, emotional, c) cultural conformity
spiritual, moral, intellectual and social. d) moral conformity
e) physical and psychological normalcy
(Meanwhile, a Barangay is the most basic f) emotional adequacy
political unit of society- baka lang po malito g) Religious Homogeneity
kayo)
Factors in the home life that may cause
TYPES OF FAMILY STRUCTURE: delinquency:
1) NUCLEAR FAMILY (mama + papa + a) faulty development of the child;
anak) b) lack of parental guidance;
➢ It consists of father, mother and children. c) parental rejection;
2) EXTENDED FAMILY (mama + papa + d) broken homes;
anak + lolo/lola + tito/tita + pamangkin + e) lack of love;
biyenan) f) unfair treatment;
➢ It consists of father, mother, children, g) too harsh discipline by either or both
grandparents, uncles and aunts, cousins, parents;
nephews and nieces, and inlaws. h) too much leniency by either or both
3) Conjugal Family (mama + papa only) parents; and
➢ It consists of the Husband and Wife i) unfavorable parental example
(Father and Mother)
4) BLENDED FAMILY (parehong hiwalay sa Marriage (Wedlock)
unang asawa si mama o papa → nagsama A special contract of permanent union
bilang bago at iisang pamilya may anak man between a man and a woman entered into for
o wala ang parehong side) purposes of establishing conjugal and family
➢ mixing of two families brought by divorce or relation.
remarriage. Social or legal contract between individuals
that creates kinship. (Kasal → Si lalaki ay
OTHER FAMILY STRUCTURES: nagkakaroon ng kinship kay Babae → Si
1. Join Family – Married children within their lalaki at babae, pag nagka anak,
spouses and children living in one residence. nagkakaroon ng kinship by blood sa kanilang
(horizontal structure) (family 1 and family 2 → anak)
nakatira sa isang bahay) • Kinship - Human relation whether by blood
2. Household – Several people may or may or by marriage.
not be related to one another having the • Monogamy - One marriage (One Man and
same residence and share responsibilities. One Woman)
(gaya ng set-up sa apartment o boarding • Polygamy - Having more than one marriage
house) (One Man with more than One Woman or
3. Truncated – The grandparent- One Woman with more than One Husband.
grandchildren relationship. The grandparents • Polygyny – Marriage of one man with two
substitute the authority of the parents or act or more wives.
• Polyandry – Marriage of one woman with is also called “Uxorilocal Residence” (kasal →
two or more husband. tira sa bahay ng magulang ng babae)
4. Bilocal Residence When the newlyweds
Kinds of Marriage: shift or transfer residence from matrilocal to
1. Adoptive Marriage patrilocal residence or vice versa. (NPA ang
A kind of marriage in which a family who mag-asawa → palipat-lipat sa bahay ng
does not have a son and in order to preserve kanilang mga magulang)
their surname requests the prospective son-
in-law to adopt the family name of the bride’s LEGAL FORMS OF MARRIAGES:
parents before marriage. (ikakasal si babae 1. Valid Marriage – When all the essential
at lalaki pero ang apelyido ni babae ang and formal requisites of a marriage are
ipapagamit kay lalaki) present.
2. Sororate Marriage – This is called sister- Essential Requirements:
in-law marriage where a man remarries his - a. Legal capacity of contracting parties who
deceased wife’s sister. (pinakasalan ni lalaki must be a male and a female (of legal age);
ang kapatid na babae ng asawa nyang Between 18 to 21 – Parental Consent
namatay) Between 21 to 25 – Parental Advice
3. Levirate Marriage – A woman who - b. Consent freely given in the presence of
remarries the brother of her deceased the solemnizing officer.
husband. (opposite of sororate, pinakasalan Formal Requisites:
ni babae ang kapatid na lalaki ng asawa a. Authority of the solemnizing officer;
nyang namatay) b. Marriage license; and
4. Ghost Marriage It is similar to levirate c. Marriage ceremony.
marriage. The children become the “sired” by
the dead husband. This means that the 2. Null and Void marriage (Void ab initio) –
second husband or the brother is only a Lack of any essential or formal
“surrogate” or who substituted for his brother. elements.
(pinakasalan ni babae ang kapatid na lalaki Action: Petition for Declaration of Nullity of
ng namatay nyang asawa at kung magka Marriage (Pagpapasawalang-bisa ng
anak sila, kikilalanin pa din na tatay ng mga Kasal- as if wala talagang kasalang naganap)
bata ang namatay nyang asawa)
5. Endogamy Marriage A form of marriage 3. Voidable – When there is a defect in any
practice in some tribes that an individual of the two essential requisites of a
should marry from a member of one’s clan or valid marriage.
ethnic group. However, the parents may Action: Petition for Annulment of Marriage
direct that marriage may be extended to the (may nangyaring valid marriage pero
religious group or social class. isasawalang-bisa ng korte)
(magpapakasal lamang sa kapwa miyembro Note: Divorce is not recognized in the
ng tribo o grupo) Philippines.
6. Exogamy Marriage The marriage which
prescribes that one marries outside of one’s Annulment – It dissolves a marriage. It
clan or ethnic group. (magpapakasal naman allows parties to remarry. (kinasal → nagpa-
ito sa taga ibang tribo o grupo) annul → approved ng court → pwede ulit
magpakasal sa iba) Legal
RESIDENCE FOR MARRIAGE:
1. Neolocal Residence The couple will live Separation – Separation from bed and board
in a new house (Own Residence). (sariling (marriage remains). (naghiwalay lang pero
bahay ng bagong kasal) kasal pa din)
2. Patrilocal Residence The newlyweds live
(moves) to the husband`s parents (Other
name is “Virilocal Residence”) (kasal → tira MODULE 4
sa bahay ng magulang ng lalaki) TYPES OF PARENTING STYLE
3. Matrilocal Residence The newlyweds live 1. Authoritarians or Disciplinarians Less
or move with the wife’s parents’ residence. It warmth and nurturing, high expectations but
low responsiveness and mistakes are
punished harshly and expect blind obedience. child’s maturity. Some of the behavior
(masyadong mahigpit ang magulang, mataas modification by means of imitation as brought
ang expectations pero hindi sumusuporta, about by environmental influence: a) rampant
konting mali lang ay grabe magparusa) drug addiction; b) vices such as gambling and
2. Authoritative Warm and responsive, clear drinking alcoholic beverages; c) association
rules, high expectations, supportive and value with criminal groups or gangs; and d) too
independence. Children tends to have higher much exposure to sex and violence in
academic performance, more self-esteem, movies, television, print and internet.
better social skills, less mental illness and • JUVENILE COURT- It is a court that has
lower delinquency. (mataas ang expectations original jurisdiction over persons defined by
pero supportive naman) statute as juveniles and alleged to be
3. Permissive or Indulgent Warm and delinquents or status offenders. (korteng
responsive, few or no rules, indulgent, didinig sa mga kaso ng juvenile delinquents)
lenient. Children may be having impulsive • CHILD IN NEED OF SUPERVISION
behavior, egocentric, poorer social skills and (CHINS)- A term applied to status offenders
problematic relationship. (masyadong adjudicated in juvenile court. (hinatulan sa
maluwag sa mga anak) juvenile courts)
4. Indifferent or Neglectful (Uninvolved) • BREED v. JONES (1975) - Case allowing
Cold and unresponsive, no rules, uninvolved, second prosecution in adult court for
indifferent. Children can be impulsive, cannot conviction in juvenile court based on idea that
self-regulate emotions, encounter more first conviction was a "civil" matter. (pwede
delinquency and addiction problems and may raw dinggin sa isang adult court ang isang
have more mental issues like suicidal batang nahatulan na sa juvenile court dahil
behavior. (walang pakialam ang magulang sa ang hatol sa juvenile court ay maituturing
anak) lamang na “civil matter” o hindi “criminal”)
• CIVIL PROTECTION ORDER - A form of
SCHOOL It is considered as the second protective custody in which child welfare or
home of a child and the teachers are the police agencies order an adult suspected of
second parents. An institution responsible for abuse to leave the home. (pinagdududahan
the training of young person’s intellectual, ang isang tao na inabuso ang bata → papa
moral as well as social skills which they need alisin sa kanilang tahanan)
for them to grow up as productive, law- • DELINQUENCY PROCEEDING Court
abiding and responsible citizens Instances of action to officially declare someone a juvenile
deviant conduct attributed to school delinquent. A "delinquent" is defined as under
inadequacy: a) failure of teachers to detect the age of majority who has been convicted in
and address problems of children and report juvenile court of something that would be
such problems to the parents; b) poor classified as a crime in adult court.
academic atmosphere; c) membership in (idedeklara na mismo ng korte na isang
school gangs or development of friendships juvenile delinquent ang isang batang
with the wrong crowd; d) lack of facilities for nakagawa ng kasalanan na katumbas ng
curricular and extra-curricular activities; e) krimen sa isang adult ourt)
failure of teachers in character development • DISPOSITION Phase of delinquency
of the students; f) failure to actually finish proceeding similar to "sentencing" phase of
school resulting to being out-of-school youths adult trial. The judge must consider
with a lot of time to waste and do alternative, innovative, and individualized
unproductive activities; and g) failure to get sentences rather than imposing standard
gainful employment due to lack of sufficient sentences. (katulad ng paghahatol sa isang
education. adult court)
• RESTITUTION A disposition requiring a
ENVIRONMENT defendant to pay damages to a victim. The
The culture, norms and behavior of the law prohibits making restitution as a condition
child’s surroundings may very well influence of receiving probation. Poor families cannot
the upbringing of the child especially during be deprived of probation simply because they
their formative years and such misbehavior are too poor to afford restitution. (iniuutos ng
learned is likely to be carried on until the korte na bayaran ang biktima. Hindi ito
maaaring gawin kapalit ng probation na para
lang makalaya ka ay pwede ka lang
magbayad, bawal yun!)

DEVELOPMENT OF JUVENILE JUSTICE IN

THE PHILIPPINES
1) PD 603 – Child and Youth Welfare Code
2) Ra 7610 – Anti-Child Abuse Law
3) RA 6809 – Law amending the Age of
Majority
4) RA 8552 AND RA 8043 – Laws on
Adoption
5) RA 9208 – Anti-Trafficking in Persons Act
6) RA 9231 – Law amending RA 7610 on
Working Children
7) RA 9255 – Law on the Use of Father’s
Surname of Illegitimate Children
8) RA 9262 – Anti-Violence Against Women
and their Children
9) RA 9523 – Law amending the Laws on
Adoption
10) RA 9344 - Juvenile Justice and Welfare
Act
11) RA 9775 – Anti-Child Pornography Act