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Rules and Regulations Implementing Republic Act No. 9344, or The Juvenile Justice and Act o!

"##$% J&'(NI)( J&*TI+( AN, Department of Justice DOJ Building, Padre Faura St., Ermita, Manila ()-AR( +.&N+I)

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+.&N+I) R(*.)&TI.N N.. 4 Series of 2006 *&/J(+T0 R&)(* AN, R(1&)ATI.N* I23)(2(NTIN1 R(3&/)I+ A+T N.. 9344, .R T4( J&'(NI)( J&*TI+( AN, ()-AR( A+T .- "##$% !e Ju"enile Justice and #elfare $ouncil, pursuant to Section 6% of &epu'lic (ct )o. %*++, (n (ct Esta'lis!ing ( $ompre!ensi"e Ju"enile Justice and #elfare S,stem, $reating t!e Ju"enile Justice and #elfare $ouncil -nder !e Department of Justice, (ppropriating Funds !erefor (nd For Ot!er Purposes .t!e /(ct01, issues t!e follo2ing implementing rules and regulations3 3ART I .'(RA)) 3R.'I*I.N* R&)( 5. itle and purpose !ese &ules s!all 'e 4no2n and cited as t!e /&ules and &egulations 5mplementing &epu'lic (ct )o. %*++0 .t!e /&ules01. !ese &ules are promulgated to prescri'e t!e procedures and guidelines for t!e implementation of t!e (ct. Lawcenter.ph R&)( ". Declaration of State Polic, !e follo2ing State policies s!all 'e o'ser"ed at all times3 .a1 !e State recogni6es t!e "ital role of c!ildren and ,out! in nation 'uilding and s!all promote and protect t!eir p!,sical, moral, spiritual, intellectual and social 2ell7'eing. 5t s!all inculcate in t!e ,out! patriotism and nationalism, and encourage t!eir in"ol"ement in pu'lic and ci"ic affairs. .'1 !e State s!all protect t!e 'est interests of t!e c!ild t!roug! measures t!at 2ill ensure t!e o'ser"ance of international standards of c!ild protection, especiall, t!ose to 2!ic! t!e P!ilippines is a part,. Proceedings 'efore an, aut!orit, s!all 'e conducted in t!e 'est interest of t!e c!ild and in a manner 2!ic! allo2s t!e c!ild to participate and to e8press !imself9!erself freel,. !e participation of c!ildren in t!e program and polic, formulation and implementation related to :u"enile :ustice and 2elfare s!all 'e ensured ', t!e concerned go"ernment agenc,. .c1 !e State li4e2ise recogni6es t!e rig!t of c!ildren to assistance, including proper care and nutrition, and special protection from all forms of neglect, a'use, cruelt, and e8ploitation, and ot!er conditions pre:udicial to t!eir de"elopment. .d1 Pursuant to (rticle +0 of t!e -nited )ations $on"ention on t!e &ig!ts of t!e $!ild, t!e State recogni6es t!e rig!t of e"er, c!ild alleged as, accused of, ad:udged, or recogni6ed as, !a"ing infringed t!e penal la2 to 'e treated in a manner consistent 2it! t!e promotion of t!e c!ild;s sense of dignit, and 2ort!, ta4ing into account t!e c!ild;s age and desira'ilit, of promoting !is9!er reintegration. #!ene"er appropriate and desira'le, t!e State s!all adopt measures for dealing 2it! suc! c!ildren 2it!out resorting to :udicial proceedings, pro"iding t!at !uman rig!ts and legal safeguards are full, respected. 5t s!all ensure t!at c!ildren are dealt 2it! in a manner appropriate to t!eir 2ell7'eing ', pro"iding for, among ot!ers, a "ariet, of disposition measures suc! as care, guidance and super"ision orders, counseling, pro'ation, foster care, education and "ocational training programs and ot!er alternati"es to institutional care. .e1 !e administration of t!e :u"enile :ustice and 2elfare s,stem s!all ta4e into consideration t!e cultural and religious perspecti"es of t!e Filipino people, particularl, t!e indigenous peoples and t!e Muslims,

consistent 2it! t!e protection of t!e rig!ts of c!ildren 'elonging to t!ese communities. .f1 !e State s!all appl, t!e principles of restorati"e :ustice in all its la2s, policies and programs applica'le to c!ildren in conflict 2it! t!e la2.

R&)( 3. $onstruction 5n case of dou't, t!e interpretation of an, of t!e pro"isions of t!e &ules s!all 'e construed li'erall, in fa"or of t!e c!ild in conflict 2it! t!e la2, i.e., consistent 2it! t!e 'est interest of t!e c!ild, t!e declared state polic,, t!e rig!ts of t!e c!ild in conflict 2it! t!e la2, and t!e principle of restorati"e :ustice.

R&)( 4. Definition of terms (s used in t!ese &ules, t!e term9s3 .a1 /Bail0 refers to t!e securit, gi"en for t!e release of t!e person in custod, of t!e la2, furnis!ed ', !im9!er or a 'ondsman, to guarantee !is9!er appearance 'efore an, court. .'1 /Best interest of t!e c!ild0 refers to t!e totalit, of t!e circumstances and conditions most congenial to t!e sur"i"al, protection and feelings of securit, of t!e c!ild and most encouraging to t!e c!ild;s p!,sical, ps,c!ological and emotional de"elopment. 5t also means t!e least detrimental a"aila'le alternati"e for safeguarding t!e gro2t! and de"elopment of t!e c!ild. .c1 /$!ild0 refers to a person under t!e age of eig!teen .<=1 ,ears. .d1 /$!ildren at ris40 refers to c!ildren 2!o are "ulnera'le to and at t!e ris4 of committing criminal offenses 'ecause of personal, famil, and social circumstances, suc! as, 'ut not limited to, t!e follo2ing3 .<1 'eing a'used ', an, person t!roug! se8ual, p!,sical, ps,c!ological, mental, economic or an, ot!er means and t!e parents or guardian refuse, are un2illing, or una'le to pro"ide protection for t!e c!ild> .21 'eing e8ploited including se8uall, or economicall,> .*1 'eing a'andoned or neglected, and after diligent searc! and in?uir, t!e parent or guardian cannot 'e found> .+1 coming from a d,sfunctional or 'ro4en famil, or 2it!out a parent or guardian> .@1 'eing out of sc!ool> .61 'eing a street c!ild> .A1 'eing a mem'er of a gang> .=1 li"ing in a communit, 2it! a !ig! le"el of criminalit, or drug a'use> and .%1 li"ing in situations of armed conflict. .e1 /$!ild in conflict 2it! t!e la20 refers to a c!ild 2!o is alleged as, accused of, or ad:udged as, !a"ing committed an offense under P!ilippine la2s. .f1 /$ommunit,7'ased programs0 refers to t!e programs pro"ided in a communit, setting de"eloped for purposes of inter"ention and di"ersion, as 2ell as re!a'ilitation of t!e c!ild in conflict 2it! t!e la2, for reintegration into !is9!er famil, and9or communit,. .g1 /$ourt0 refers to a famil, court or, in places 2!ere t!ere are no famil, courts, an, regional trial court. .!1 /Depri"ation of li'ert,0 refers to an, form of detention or imprisonment, or to t!e placement of a c!ild in conflict 2it! t!e la2 in a pu'lic or pri"ate custodial setting, from 2!ic! t!e c!ild in conflict 2it! t!e la2 is not permitted to lea"e at 2ill ', order of an, :udicial or administrati"e aut!orit,. .i1 /Di"ersion0 refers to an alternati"e, c!ild7appropriate process of determining t!e responsi'ilit, and treatment of a c!ild in conflict 2it! t!e la2 on t!e 'asis of !is9!er social, cultural, economic, ps,c!ological or educational 'ac4ground 2it!out resorting to formal court proceedings. .:1 /Di"ersion Program0 refers to t!e program t!at t!e c!ild in conflict 2it! t!e la2 is re?uired to undergo after !e9s!e is found responsi'le for an offense 2it!out resorting to formal court proceedings. .41 /5nitial contact 2it! t!e c!ild0 refers to t!e appre!ension or ta4ing into custod, of a c!ild in conflict 2it! t!e la2 ', la2 enforcement officers or pri"ate citi6ens. 5t includes t!e time 2!en t!e c!ild alleged to 'e in conflict 2it! t!e la2 recei"es a su'poena under Section *.'1 of &ule <<2 of t!e &e"ised &ules of $riminal Procedure or summons under Section 6.a1 or Section %.'1 of t!e same &ule in cases t!at do not re?uire preliminar, in"estigation or 2!ere t!ere is no necessit, to place t!e c!ild alleged to 'e in conflict 2it! t!e la2 under immediate custod,. .l1 /5nter"ention0 refers to a series of acti"ities designed to address issues t!at caused t!e c!ild to commit an offense. 5t ma, ta4e t!e form of an indi"iduali6ed treatment program, 2!ic! ma, include counseling, s4ills training, education, and ot!er acti"ities t!at 2ill en!ance !is9!er ps,c!ological, emotional and ps,c!o7social 2ell7'eing.

.m1 /Ju"enile :ustice and 2elfare s,stem0 refers to a s,stem dealing 2it! c!ildren at ris4 and c!ildren in conflict 2it! t!e la2, 2!ic! pro"ides c!ild7appropriate proceedings, including programs and ser"ices for pre"ention, di"ersion, re!a'ilitation, reintegration and aftercare to ensure t!eir normal gro2t! and de"elopment. .n1 /Ba2 enforcement officer0 refer to t!e person in aut!orit, or !is9!er agent as defined in (rticle <@2 of t!e &e"ised Penal $ode, including a 'aranga, tanod. .o1 /Offense0 refers to an, act or omission 2!et!er punis!a'le under special la2s or t!e &e"ised Penal $ode, as amended. 5t includes "iolations of traffic la2s, rules and regulations, and ordinances of local go"ernment units. .p1 /&ecogni6ance0 refers to an underta4ing in lieu of a 'ond assumed ', a parent or custodian 2!o s!all 'e responsi'le for t!e appearance in court of t!e c!ild in conflict 2it! t!e la2, 2!en re?uired. .?1 /Status Offenses0 refers to offenses 2!ic! discriminate onl, against a c!ild, 2!ile an adult does not suffer an, penalt, for committing similar acts. !ese s!all include curfe2 "iolations, truanc,, parental diso'edience and t!e li4e. .r1 /Cictimless $rimes0 refers to offenses 2!ere t!ere is no pri"ate offended part,. .s1 /Dout! Detention Eome0 refers to a 2+7!our c!ild7caring institution managed ', accredited BF-s and licensed and9or accredited )FOs pro"iding s!ort7term residential care for c!ildren in conflict 2it! t!e la2 2!o are a2aiting court disposition of t!eir cases or transfer to ot!er agencies or :urisdiction> also referred in t!ese &ules as /Dout! Eome.0 .t1 /Dout! &e!a'ilitation $enter0 refers to a 2+7!our residential care facilit, t!at pro"ides c!ildren in conflict 2it! t!e la2 2it! care, treatment and re!a'ilitation ser"ices under t!e guidance of trained staff 2!ere c!ildren in conflict 2it! t!e la2 on suspended sentence, or /residents,0 are cared for under a structured t!erapeutic en"ironment 2it! t!e end "ie2 of reintegrating t!em in t!eir families and communities as sociall, functioning indi"iduals> also referred in t!ese &ules as /Dout! $enter.0

R&)( 6. &ig!ts of t!e c!ild in conflict 2it! t!e la2 E"er, c!ild in conflict 2it! t!e la2 s!all !a"e t!e follo2ing rig!ts, including 'ut not limited to3 .a1 !e rig!t to 'e treated 2it! !umanit, and respect for t!e in!erent dignit, of t!e person, and in a manner 2!ic! ta4es into account t!e needs of a person of !is9!er age> .'1 !e rig!t not to 'e su':ected to torture or ot!er cruel, in!uman or degrading treatment or punis!ment> .c1 !e rig!t not to 'e imposed a sentence of capital punis!ment or life imprisonment, 2it!out t!e possi'ilit, of release> .d1 !e rig!t not to 'e unla2full, or ar'itraril, depri"ed of !is9!er li'ert,> !at detention or imprisonment 'eing a disposition of last resort, s!all 'e for t!e s!ortest appropriate period of time> .e1 !e rig!t to 'e separated from adult offenders at all times. 5n particular, t!e c!ild s!all3 .<1 )ot 'e detained toget!er 2it! adult offenders. .21 Be con"e,ed separatel, to or from t!e court. .*1 (2ait !earing of !is9!er o2n case in a separate !olding area.

.f1 !e rig!t to maintain contact 2it! !is9!er famil, t!roug! correspondence and "isits sa"e in e8ceptional circumstances> .g1 !e rig!t to prompt access to legal and ot!er appropriate assistance, as 2ell as t!e rig!t to c!allenge t!e legalit, of t!e depri"ation of !is9!er li'ert, 'efore a court or ot!er competent, independent and impartial aut!orit,, and to a prompt decision on suc! action> .!1 !e rig!t to 'ail and recogni6ance, in appropriate cases> .i1 !e rig!t to testif, as a 2itness in !is9!er o2n 'e!alf under t!e rule on e8amination of a c!ild 2itness> .:1 !e rig!t to !a"e !is9!er pri"ac, respected full, at all stages of t!e proceedings> .41 !e rig!t to di"ersion if !e9s!e is ?ualified and "oluntaril, a"ails of t!e same>

.l1 !e rig!t to 'e imposed a :udgment in proportion to t!e gra"it, of t!e offense 2!ere !is9!er 'est interest, t!e rig!ts of t!e "ictim and t!e needs of societ, are all ta4en into consideration ', t!e court, under t!e principle of restorati"e :ustice> .m1 !e rig!t to !a"e restrictions on !is9!er personal li'ert, limited to t!e minimum, and 2!ere discretion is gi"en ', la2 to t!e :udge to determine 2!et!er to impose fine or imprisonment, t!e imposition of fine 'eing preferred as t!e more appropriate penalt,> .n1 5n criminal prosecutions, t!e rig!ts3 .<1 )ot to 'e !eld to ans2er for a criminal offense 2it!out due process of la2> .21 o 'e presumed innocent until t!e contrar, is pro"ed 'e,ond reasona'le dou't> .*1 o 'e !eard ', !im9!erself and counsel> .+1 o 'e informed promptl, and directl, of t!e nature and cause of t!e accusation against !im9!er, and if appropriate, t!roug! !is9!er parents or legal guardian> .@1 o 'e present at e"er, stage of t!e proceedings, from arraignment to promulgation of :udgment> .61 o !a"e legal and ot!er appropriate assistance in t!e preparation and presentation of !is9!er defense> .A1 o testif, as a 2itness in !is9!er o2n 'e!alf and su':ect to crosse8amination onl, on matters co"ered ', direct e8amination, pro"ided t!at t!e &ule on t!e E8amination of a $!ild #itness s!all 'e o'ser"ed 2!ene"er con"enient and practica'le. .=1 )ot to 'e compelled to 'e a 2itness against !im9!erself and !is9!er silence s!all not in an, manner pre:udice !im9!er> .%1 o confront and cross7e8amine t!e 2itnesses against !im9!er> .<01 o !a"e compulsor, process to secure t!e attendance of 2itnesses and production of ot!er e"idence in !is9!er 'e!alf> .<<1 o !a"e a speed,, impartial and pu'lic trial, 2it! legal or ot!er appropriate assistance and prefera'l, in t!e presence of !is9!er parents or legal guardian, unless suc! presence is considered not to 'e in t!e 'est interests of t!e :u"enile ta4ing into account !is9!er age and ot!er peculiar cirumstances>

.<21 o appeal in all cases allo2ed and in t!e manner prescri'ed ', la2> and .<*1 o 'e accorded all t!e rig!ts under t!e &ule on E8amination of a $!ild #itness. .o1 5n general, t!e rig!t to automatic suspension of sentence> .p1 !e rig!t to pro'ation as an alternati"e to imprisonment, if ?ualified under t!e pro'ation la2> .?1 !e rig!t to 'e free from lia'ilit, for per:ur,, concealment or misrepresentation> and .r1 Ot!er rig!ts as pro"ided for under e8isting la2s, rules and regulations. !ese rig!ts of c!ildren in conflict 2it! t!e la2 s!all ser"e as guiding principles in t!e administration of t!e Ju"enile Justice and #elfare S,stem.

R&)( $. Principle of &estorati"e Justice &estorati"e :ustice refers to a principle t!at re?uires a process of resol"ing conflicts 2it! t!e ma8imum in"ol"ement of t!e "ictim, t!e offender and t!e communit,. 5t see4s to ac!ie"e t!e follo2ing3 .a1 &eparation for t!e "ictim> .'1 &econciliation of t!e offender, t!e offended and t!e communit,> .c1 &eassurance to t!e offender t!at !e9s!e can 'e reintegrated into societ,> and .d1 En!ancement of pu'lic safet, ', acti"ating t!e offender, t!e "ictim and t!e communit, in pre"ention strategies.

R&)( 7. $!ildren of 5ndigenous $ultural $ommunities95ndigenous Peoples .5$$s95Ps1 $onsistent 2it!

Section <@ of &epu'lic (ct )o. =*A< or / !e 5ndigenous Peoples &ig!ts (ct of <%%A,0 5$$s95Ps s!all, in dealing 2it! c!ildren in conflict 2it! t!e la2, !a"e t!e rig!t to use t!eir o2n commonl, accepted :ustice s,stems, conflict resolution institutions, peace 'uilding processes or mec!anisms and ot!er customar, la2s and practices 2it!in t!eir respecti"e communities and as ma, 'e compati'le 2it! t!e national legal s,stem and 2it! internationall, recogni6ed !uman rig!ts. 3ART II J&'(NI)( J&*TI+( AN, ()-AR( +.&N+I)

R&)( 8. Mandate !e Ju"enile Justice and #elfare $ouncil .JJ#$1, created under Section = of t!e (ct, s!all ensure t!e effecti"e implementation of t!e (ct, including t!ese &ules. 5n fulfillment of t!is mandate, t!e JJ#$ s!all ensure t!e effecti"e coordination among t!e follo2ing agencies, t!e duties and responsi'ilities of 2!ic! are found in Part GC55 of t!ese &ules3 .a1 $ouncil for t!e #elfare of $!ildren> .'1 Department of Education> .c1 Department of t!e 5nterior and Bocal Fo"ernment> .d1 Pu'lic (ttorne,;s Office> .e1 Bureau of $orrections> .f1 Parole and Pro'ation (dministration> .g1 )ational Bureau of 5n"estigation> .!1 P!ilippine )ational Police> .i1 Bureau of Jail Management and Penolog,> .:1 $ommission on Euman &ig!ts> .41 ec!nical Education and S4ills De"elopment (ut!orit,> .l1 )ational Dout! $ommission> and .m1 Ot!er institutions focused on :u"enile :ustice and inter"ention programs, as ma, 'e determined ', t!e JJ#$.

R&)( 9. $omposition (s pro"ided in Section = of t!e (ct, t!e JJ#$ s!all 'e composed of representati"es of t!e follo2ing departments or agencies3 .a1 Department of Justice .DOJ1> .'1 Department of Social #elfare and De"elopment .DS#D1> .c1 Department of Education .DepEd1> .d1 Department of t!e 5nterior and Bocal Fo"ernment .D5BF1>

.e1 $ouncil for t!e #elfare of $!ildren .$#$1> .f1 $ommission on Euman &ig!ts .$E&1> .g1 )ational Dout! $ommission .)D$1> and .!1 2o .21 representati"es from non7go"ernment organi6ations .)FOs1, one to 'e designated ', t!e Secretar, of Justice and t!e ot!er to 'e designated ', t!e Secretar, of Social #elfare and De"elopment.

R&)( 5#. (dministration and organi6ation of t!e JJ#$

Rule 5#.a. (ttac!ment and administrati"e super"ision !e JJ#$ is attac!ed to t!e DOJ and placed under its administrati"e super"ision. (s suc!, t!e DOJ !as t!e aut!orit, to3 .<1 Fenerall, o"ersee t!e operation of JJ#$ and ensure t!at it is managed effecti"el,, efficientl, and economicall,> .21 Manage t!e secretariat of t!e JJ#$> .*1 &e?uire t!e JJ#$ to su'mit periodic reports, suc! as t!ose reflecting t!e progress of its programs and pro:ects> .+1 $ause t!e conduct of management audit, performance e"aluation and inspection of t!e JJ#$ to determine its compliance 2it! policies, standards and guidelines of t!e Department> .@1 a4e suc! action as ma, 'e necessar, for t!e performance of official functions, including rectifications, a'uses and ot!er forms of misadministration ', its personnel> .61 &e"ie2 and pass upon t!e 'udget of t!e JJ#$> and .A1 $all all regular and special meetings of t!e JJ#$.

Rule 5#.b. $!airperson of t!e JJ#$ (s pro"ided ', Section = of t!e (ct, t!e JJ#$ s!all 'e c!aired ', t!e DS#D t!roug! an -ndersecretar, appointed ', t!e Secretar, of Social #elfare and De"elopment. (s t!e JJ#$ c!air, t!e DS#D s!all3

.<1 Preside o"er all regular and special meetings of t!e JJ#$> .21 $losel, monitor t!e programs of t!e JJ#$> .*1 &epresent t!e JJ#$ in conferences, meetings and ot!er programs> and .+1 Sign communications for t!e JJ#$. 5n t!e a'sence of t!e c!airperson, t!e JJ#$ s!all 'e c!aired ', t!e DOJ.

Rule 5#.c. Organi6ational structure and staffing pattern (s pro"ided in Section = of t!e (ct, t!e Secretar, of Justice and t!e Secretar, of Social #elfare and De"elopment s!all determine t!e organi6ational structure and staffing pattern of t!e JJ#$, 2!ic! include t!e JJ#$ secretariat. !e secretariat s!all among ot!er functions to 'e determined ', t!e JJ#$3 .<1 Prepare t!e periodic reports for t!e JJ#$> .21 Prepare t!e 'udget of t!e JJ#$> and

.*1 5n"ite resource persons in t!e meetings and programs of t!e JJ#$.

!e Secretar, of Justice s!all appoint t!e officers and staff of t!e JJ#$ secretariat upon a fa"ora'le recommendation of t!e JJ#$.

Rule 5#.d. Designation of representati"es to t!e JJ#$ !e concerned department or agenc, !eads s!all designate t!eir representati"es to t!e JJ#$, 2!ose ran4s s!all not 'e lo2er t!an director, e8cept in t!e case of t!e )D$, 2!ose representati"e must !a"e t!e ran4 of at least commissioner. !e !eads of t!e concerned departments or agencies s!all name a permanent and an alternate representati"e, respecti"el, 2it! ran4s of at least -ndersecretar, and Director, 2!o s!all regularl, attend meetings and programs of t!e JJ#$.

R&)( 55. Duties and functions of t!e JJ#$

Rule 55.a. 5mplementation of t!e (ct !e JJ#$ !as t!e dut, to o"ersee t!e implementation of t!e (ct and all &ules issued in relation t!ereto. Pursuant to t!is dut,, it s!all3 .<1 $oordinate t!e implementation of t!e :u"enile inter"ention programs and acti"ities ', national go"ernment agencies and ot!er acti"ities 2!ic! ma, !a"e an important 'earing on t!e success of t!e entire national :u"enile inter"ention program. (ll programs relating to :u"enile :ustice and 2elfare s!all 'e adopted in consultation 2it! t!e JJ#$. .21 $all t!e attention of t!e departments and agencies concerned to perform t!eir respecti"e duties and responsi'ilities under t!e (ct and t!ese &ules and assist t!em if necessar, to ensure t!e effecti"e implementation of t!e (ct. .*1 Mo'ili6e resources and call upon go"ernment agencies as 2ell as pri"ate organi6ations to pro"ide resource assistance to support t!e implementation of t!e (ct.

!e JJ#$ s!all regularl, conduct meetings and su'mit an annual report to t!e President on t!e implementation of t!e (ct. !e annual report s!all include, among ot!ers3 .<1 5dentification of t!e strengt!s and 2ea4nesses in t!e implementation of t!e (ct> .21 (ppraisal of t!e performance of t!e go"ernment agencies in relation to t!eir duties and responsi'ilities under t!e (ct> and .*1 &ecommendations on !o2 to impro"e t!e implementation of t!e (ct and t!e administration of t!e :u"enile :ustice and 2elfare s,stem. !e JJ#$ s!all prescri'e a common reporting form for all t!e agencies under &ule = to facilitate t!e preparation of t!e (nnual &eport. !e JJ#$ s!all also perform suc! ot!er functions as ma, 'e necessar, to implement t!e pro"isions of t!e (ct.

Rule 55.b. (d"isor, function !e JJ#$ s!all ad"ise t!e President on all matters and policies relating to :u"enile :ustice and 2elfare. 5t s!all 'ring to t!e attention of t!e President t!e gaps in e8isting policies and recommend appropriate remedial legislation or ot!er polic, measures t!at address t!ese gaps.

Rule 55.c. Polic, formulation and program de"elopment !e JJ#$ s!all periodicall, de"elop a $ompre!ensi"e )ational Ju"enile 5nter"ention Program, as pro"ided in &ule <A !erein. 5t s!all formulate and recommend policies and strategies in consultation 2it! c!ildren for t!e pre"ention of :u"enile delin?uenc, and t!e administration of :ustice, as 2ell as for t!e treatment and re!a'ilitation of t!e c!ildren in conflict 2it! t!e la2. !e JJ#$ s!all also set t!e criteria t!at BF-s must meet in esta'lis!ing t!eir respecti"e communit,7'ased programs for t!e re!a'ilitation and reintegration of c!ildren in conflict 2it! t!e la2.

Rule 55.d. &esearc! and e"aluation !e JJ#$ s!all collect rele"ant information and conduct continuing researc! support e"aluations and studies on all matters relating to :u"enile :ustice and 2elfare, suc! as, 'ut not limited to t!e3 .<1 Performance and results ac!ie"ed ', :u"enile inter"ention programs and ', acti"ities of t!e local go"ernment units and ot!er go"ernment agencies> .21 Periodic trends, pro'lems and causes of :u"enile delin?uenc, and crimes> and .*1 Particular needs of c!ildren in conflict 2it! t!e la2 in custod,. ( data 'an4ing s,stem for all data needed in t!e e"aluation and impro"ement of t!e administration of :u"enile :ustice and 2elfare s,stem s!all 'e de"eloped and maintained ', t!e JJ#$. !e JJ#$ s!all set up a mec!anism to ensure t!at c!ildren are in"ol"ed in researc! and polic, de"elopment. !e JJ#$ s!all also recei"e and e"aluate t!e assessments su'mitted ', pro"incial and cit, go"ernments on t!e implementation of t!e compre!ensi"e :u"enile inter"ention program as pro"ided in Section <= of t!e (ct and &ule <= !erein.

Rule 55.e. 5nspection !e JJ#$, t!roug! dul, designated persons and 2it! t!e assistance of t!e agencies under Section = of t!e (ct .&ule %1 s!all conduct regular inspections in detention and re!a'ilitation facilities and to underta4e spot inspections on t!eir o2n initiati"e in order to c!ec4 compliance 2it! t!e standards pro"ided in t!e (ct and t!e &ules and to ma4e t!e necessar, recommendations to appropriate agencies.

Rule 55.g. (ssistance to agencies !e JJ#$ s!all, pursuant to Section <0 of t!e (ct, assist t!e concerned go"ernment agencies in3 .<1 &e"ie2ing and en!ancing e8isting policies9regulations or in t!e formulation of ne2 ones in line 2it! t!e pro"isions of t!is (ct and t!e &ules> and .21 Formulating t!eir respecti"e policies and procedures consistent 2it! t!e standards set in t!e la2 and in modif,ing t!e same upon t!e completion of t!e national :u"enile inter"ention program as pro"ided in &ule <+. !e JJ#$ s!all also initiate and coordinate t!e conduct of trainings for t!e personnel of agencies in"ol"ed in t!e administration of t!e :u"enile :ustice and 2elfare s,stem. !e JJ#$ s!all 'e informed ', t!e DS#D in cases 2!ere licensed and accredited pri"ate and non7 go"ernment organi6ations esta'lis! Dout! Detention Eomes as pro"ided under Section +% of t!e (ct and &ule A6 !erein.

R&)( 5". $oordination 2it! t!e $ourt o ensure t!e reali6ation of its mandate and t!e proper disc!arge of its duties and functions, t!e JJ#$ s!all coordinate 2it! t!e Office of t!e $ourt (dministrator and t!e P!ilippine Judicial (cadem, ', in"iting resource persons from t!ese offices during consultation meetings.

R&)( 53. )on7go"ernment organi6ations

Rule 53.a. Designation of representati"es 2o .21 representati"es from non7go"ernment organi6ations .)FOs1 s!all ser"e as mem'ers of t!e JJ#$, one representati"e to 'e designated ', t!e Secretar, of Justice and t!e ot!er to 'e designated ', t!e Secretar, of Social #elfare and De"elopment.

Rule 53.b. Hualifications (n )FO, to 'e designated as a mem'er of t!e JJ#$, must 'e in"ol"ed in c!ild related ad"ocac, or 2or4 of at least t2o .21 ,ears prior and up to t!e time of designation. !e additional ?ualifications of t!e )FOs s!all 'e respecti"el, determined ', t!e Secretaries of Justice and of Social #elfare and De"elopment.

Rule 53.c. erm Eac! )FO representati"e designated under &ule <*.a s!all !a"e a term of t2o .21 ,ears. 5n t!e e"ent a representati"e is not a'le to complete t!e prescri'ed term, t!e Secretar, designating suc! representati"e s!all designate anot!er )FO to ser"e t!e une8pired portion of t!e term. (n )FO representati"e, e"en one t!at is not a'le to complete t!e term of t2o ,ears, cannot 'e appointed to t!e JJ#$ for t2o consecuti"e terms.

R&)( 54. Policies and procedures on :u"enile :ustice (ll go"ernment agencies enumerated in Section = of t!e (ct .&ule =1 s!all, 2it! t!e assistance of t!e JJ#$ and 2it!in one .<1 ,ear from t!e effecti"it, of t!is (ct, draft policies and procedures consistent 2it! t!e standards set in t!e (ct. !e policies and procedures of all go"ernment agencies s!all promote a common and conscious understanding of issues concerning :u"enile :ustice and 2elfare, 'e consistent and a"oid duplicating or contradicting policies t!at result to confusion. (s suc!, t!e follo2ing s!all 'e o'ser"ed in t!e drafting, formulation or de"elopment of suc! policies and procedures3 .a1 Policies and procedures on :u"enile :ustice and 2elfare of all go"ernment agencies enumerated in Section = of t!e (ct s!all not onl, 'e consistent 2it! t!e standards set in t!e la2 'ut also 2it! t!e )ational Ju"enile 5nter"ention Program. Policies and procedures s!all 'e modified accordingl, in consultation 2it! t!e JJ#$ upon t!e completion of t!e )ational Ju"enile 5nter"ention Program as pro"ided under &ule <A 'elo2 and Section %.d1 of t!e (ct. .'1 Eac! go"ernment agenc, s!all see to it t!at its policies and procedures are consistent 2it! t!at of ot!er go"ernment agencies. .c1 5f t!e standards set in t!e (ct re?uire t!e in"ol"ement of se"eral go"ernment agencies enumerated in Section = of t!e (ct, onl, a single polic, and9or procedure pertaining to t!ose standards s!all 'e issued. !e lead agenc, s!all 'e identified ', t!e JJ#$. .d1 5n t!e e"ent t!at policies and procedures of a go"ernment agenc, not enumerated in Section = of t!e (ct affect t!e :u"enile :ustice and 2elfare s,stem, t!e concerned go"ernment agenc, s!all see4 t!e assistance of t!e JJ#$. !e participation of c!ildren in t!e program and polic, formulation and implementation relating to :u"enile :ustice and 2elfare s!all 'e ensured ', eac! go"ernment agenc,. Lawcenter.ph

3ART III ).+A) +.&N+I)* -.R T4( 3R.T(+TI.N .- +4I),R(N

R&)( 56. Bocal $ouncils for t!e Protection of $!ildren

Rule 56.a. Esta'lis!ment (ll le"els of local go"ernment s!all !a"e Bocal $ouncils for t!e Protection of $!ildren .B$P$s1 as pro"ided in Section <@ of t!e (ct. !e B$P$ in eac! le"el of local go"ernment unit .BF-1 is3 .<1 Pro"ince I Pro"incial $ouncil for t!e Protection of $!ildren .P$P$1> .21 $it, I $it, $ouncil for t!e Protection of $!ildren .$$P$1> .*1 Municipalit, I Municipal $ouncil for t!e Protection of $!ildren .M$P$1> and .+1 Baranga, I Baranga, $ouncil for t!e Protection of $!ildren .B$P$1. 5n BF-s 2!ere B$P$s are not ,et esta'lis!ed, t!e concerned BF- s!all immediatel, esta'lis! an B$P$ upon t!e effecti"it, of t!e (ct and ensure t!at it is performing its duties and responsi'ilities as pro"ided in t!ese &ules. #!ere t!e, !a"e 'een esta'lis!ed, t!e B$P$s s!all 'e strengt!ened ', t!eir respecti"e BF-s.

Rule 56.b. Funding for B$P$s Eac! 'aranga,, municipalit, and cit, s!all appropriate in its annual 'udget one percent .<J1 of its annual internal re"enue allotment .5&(1 for t!e strengt!ening and implementation of t!e programs of t!e B$P$, as pro"ided in Section <@ of t!e (ct. !e BF- concerned s!all 'e responsi'le for t!e dis'ursement of t!e fund as pro"ided ', e8isting la2s. Funds dis'ursed ', BF-s on current programs of t!e B$P$ s!all 'e deemed as appropriate dis'ursement under Section <@ of t!e (ct. Eo2e"er, t!e one percent .<J1 5&( allocation under in t!is &ule is different from t!e 'udget dis'ursed ', t!e BF-s for social ser"ices.

Rule 56.c. Mem'ers!ip (s pro"ided in Section <@ of t!e (ct, mem'ers!ip in t!e B$P$ s!all 'e c!osen from among t!e responsi'le mem'ers of t!e communit,, including a representati"e from t!e ,out! sector, as 2ell as representati"es from go"ernment and pri"ate agencies concerned 2it! t!e 2elfare of c!ildren. Pursuant to D5BF Memorandum $ircular )o. 20027<2<, t!e B$P$ in eac! le"el of BF- s!all 'e composed of3 .<1 P$P$ $!airperson 7 Mem'ers 7 Pro"incial Fo"ernor Sangguniang Panlala2igan Mem'er

.$!airperson, $ommittee on #omen and Famil,1 D5BF Pro"incial Director Pro"incial Social #elfare and De"elopment Officer Pro"incial Ba'or and Emplo,ment Officer

Di"ision Superintendent of DepEd Pro"incial Planning K De"elopment Officer Pro"incial Budget Officer Pro"incial Eealt! Officer Pro"incial )utrition Officer Pro"incial P)P Director Pro"incial $ommander, (FP Pro"incial reasurer President, Beague of Municipalities Pro"incial SL Federation President $!ild &epresentati"e (t least t!ree .*1 representati"es of )FOs .21 $$P$ and M$P$ $!airperson 7 $it, 9 Municipal Ma,or Mem'ers 7 Sangguniang Panlungsod 9 Pam'a,an Mem'er

.$!airperson, $ommittee on #omen and Famil,1 D5BF $it, 9 Municipal Field Officer $it, 9 Municipal Social #elfare and De"elopment Officer Di"ision Superintendent 9 District Super"isor of DepEd Bocal Ba'or and Emplo,ment Officer $it, 9 Municipal Planning K De"elopment Officer $it, 9 Municipal Budget Officer $it, 9 Municipal Eealt! Officer $it, 9 Municipal )utrition Officer

$it, 9 Municipal P)P Director $it, 9 Municipal reasurer $it, 9 Municipal B5F( ng mga Baranga, President $it, 9 Municipal SL Federation President Parent I eac!ers (ssociation .P (1 President $!ild &epresentati"e (t least t!ree .*1 representati"es of )FOs .*1 B$P$

$!airperson 7 Mem'ers 7 Famil,1

Punong Baranga, Baranga, Laga2ad .$!airperson on #omen and

Baranga, )utrition Sc!olar Baranga, Da, $are #or4er Baranga, Eealt! )urse 9 Mid2ife Baranga, Eealt! #or4er DepEd Principal 9 eac!er7in7c!arge $!ief anod SL $!airperson $!ild &epresentati"e P ( President or !is9!er representati"e )FO &epresentati"e Mem'ers!ip in t!e B$P$ s!all 'e su':ect to t!e re"ie2 and amendment of t!e D5BF t!roug! appropriate issuances. Rule 56.d. Duties and responsi'ilities of t!e B$P$ (ll B$P$s s!all3 .<1 Ser"e as t!e primar, agenc, to coordinate 2it! and assist t!e BF-

concerned for t!e adoption of t!e $ompre!ensi"e Ju"enile 5nter"ention Program as pro"ided in &ule <= 'elo2, and to o"ersee its proper implementation> .21 $oordinate 2it! and assist t!e BF-s in calling on all sectors concerned, particularl, t!e c!ild7focused institutions, )FOs, people;s organi6ations, educational institutions and go"ernment agencies in"ol"ed in delin?uenc, pre"ention to participate in t!e planning process and implementation of :u"enile inter"ention programs> .*1 $oordinate 2it! BF-s in t!e annual re"ie2 and assessment of t!e compre!ensi"e :u"enile inter"ention programs> .+1 $oordinate 2it! and assist t!e SL in t!e formulation and implementation of :u"enile inter"ention and di"ersion programs in t!e communit,> .@1 Pro"ide coordinati"e lin4ages 2it! ot!er agencies and institutions in t!e planning, monitoring and e"aluation of :u"enile inter"ention and di"ersion programs in t!e communit,> .61 (ssist t!e Punong Baranga, in conducting di"ersion proceedings in cases pro"ided under Section 2*.a1 of t!e (ct and &ule +*.' 'elo2> .A1 (ssist t!e Bocal Social #elfare and De"elopment Officer .BS#DO1 in t!e de"elopment of t!e appropriate di"ersion program as pro"ided under Section 2*.'1 of t!e (ct> .=1 5nstitute toget!er 2it! sc!ools, ,out! organi6ations and ot!er concerned agencies t!e communit,7 'ased programs on :u"enile :ustice and 2elfare initiated ', BF-s> .%1 $onduct capa'ilit, 'uilding programs to en!ance 4no2ledge and s4ills in !andling c!ildren;s programs> .<01 Esta'lis! and maintain a data'ase on c!ildren in t!e local go"ernment. Specificall,, for t!e purpose of t!is (ct, t!e B$P$s s!all maintain a data'ase of c!ildren in conflict 2it! t!e la2, 2!ic! s!all include t!e c!ildren 2!o undergo inter"ention, di"ersion and re!a'ilitation programs and after7care support ser"ices> .<<1 Document 'est practices on :u"enile inter"ention and pre"ention> .<21 (d"ocate and recommend local legislations promoting c!ild sur"i"al, protection, participation and de"elopment, especiall, on t!e ?ualit, of tele"ision s!o2s and media prints and co"erage, 2!ic! are detrimental to c!ildren, and 2it! appropriate funding support> .<*1 $onduct an in"entor, of all )FOs ser"ing c!ildren in conflict 2it! t!e la2 and mo'ili6e t!em as resources for t!e effecti"e implementation of t!e (ct> .<+1 &e"ie2 e8isting policies of units pro"iding ser"ices to c!ildren in conflict 2it! t!e la2, determine t!e 'arriers to access to t!ese ser"ices, and ta4e t!e necessar, action to impro"e access to t!ese ser"ices. 5n addition to its functions under Presidential Decree )o. 60*, or t!e / !e $!ild and Dout! #elfare $ode0 M/P.D. 60*0N and &epu'lic (ct )o. =%=0, or t!e /E$$D (ct,0 eac! B$P$ s!all perform t!e follo2ing functions consistent 2it! t!e o':ecti"es of t!e (ct on :u"enile inter"ention and delin?uenc, pre"ention3 .<1 Encourage t!e proper performance of t!e duties of parents, and pro"ide learning opportunities on t!e ade?uate rearing of c!ildren and on positi"e parent7c!ild relations!ip> .21 (ssist parents, 2!ene"er necessar, in securing e8pert guidance counseling from t!e proper go"ernmental or pri"ate 2elfare agenc,> .*1 5n addition, it s!all !old classes and seminars on t!e proper rearing of c!ildren. 5t s!all distri'ute to parents a"aila'le literature and ot!er information on c!ild guidance. !e $ouncil s!all assist parents, 2it! 'e!a"ioral pro'lems 2!ene"er necessar,, in securing e8pert guidance counseling from t!e proper go"ernmental or pri"ate 2elfare agenc,> .+1 $oordinate t!e acti"ities of organi6ations de"oted to t!e 2elfare of c!ildren in coordination 2it! t!e Sangguniang La'ataan and secure t!eir cooperation> .@1 Protect and assist c!ildren at ris4> and

.61 a4e steps to pre"ent :u"enile delin?uenc, and assist parents of c!ildren 2it! 'e!a"ioral pro'lems so t!at t!e, can get e8pert ad"ise.

Rule 56.e. &esponsi'ilit, of B$P$ mem'ers Mem'ers of t!e B$P$ s!all !a"e t!e follo2ing additional responsi'ilities3 .<1 o ta4e custod, of t!e c!ild in conflict 2it! t!e la2 2!o is found to 'e fifteen .<@1 ,ears of age or 'elo2 if t!e parents, guardians or nearest relati"es of t!e c!ild cannot 'e located, or if t!e, refuse to ta4e custod, as pro"ided in Section 20 of t!e (ct and &ule *<.' 'elo2. .21 o 'e present in t!e initial in"estigation of t!e c!ild in conflict 2it! t!e la2 in t!e a'sence of t!e c!ild;s parents, guardian, or nearest relati"e, and t!e BS#DO as pro"ided in Section 22 of t!e (ct and &ule 2*.' 'elo2. !e presence of t!e mem'er of t!e B$P$, or in t!e alternati"e, t!e representati"e of an )FO or a fait!7'ased group, ma, 'e re?uired in t!e initial in"estigation to ensure t!at t!e rig!ts of t!e c!ild are protected during t!at stage. 3ART I' 3R.1RA2* -.R J&'(NI)( INT(R'(NTI.N AN, ,()IN9&(N+: 3R('(NTI.N

R&)( 5$. $oncept9Principles in 5nter"ention 5nter"ention refers to a series of acti"ities designed to address issues t!at caused t!e c!ild to commit an offense. 5t ma, ta4e t!e form of an indi"iduali6ed treatment program, 2!ic! ma, include counseling, s4ills training, education, and ot!er acti"ities t!at 2ill en!ance !is9!er ps,c!ological, emotional and ps,c!o7 social 2ell7'eing. (ll programs for :u"enile inter"ention and delin?uenc, pre"ention s!all 'e formulated in consideration of t!e follo2ing3 .a1 Emp!asis on inter"ention or pre"ention policies facilitating t!e successful sociali6ation and integration of all c!ildren 2it! t!e famil,, t!roug! t!e communit,, peer groups, sc!ools, "ocational training and t!e 2orld of 2or4, as 2ell as t!roug! "oluntar, organi6ations>

.'1 Due respect s!ould 'e gi"en to t!e proper personal de"elopment of c!ildren, and t!e, s!ould 'e accepted as full and e?ual partners in sociali6ation and integration processes.

R&)( 57. )ational Ju"enile 5nter"ention Program

Rule 57.a. De"elopment> erm !e JJ#$ s!all, in accordance 2it! Section <= of t!e (ct, de"elop a t!ree .*1 to fi"e .@17,ear $ompre!ensi"e )ational Ju"enile 5nter"ention Program .t!e /)ational 5nter"ention Program01 em'od,ing t!e detailed strateg, to reali6e t!e o':ecti"es of t!e (ct on :u"enile inter"ention and delin?uenc, pre"ention. !e )ational 5nter"ention Program s!all ser"e as a guide to all go"ernment agencies, BF-s and )FOs in t!e formulation of t!eir respecti"e :u"enile inter"ention programs and t!eir policies and programs relating to :u"enile :ustice and 2elfare. Particularl,, t!e )ational 5nter"ention Program s!all ser"e as t!e 'asis for t!e3 .<1 Formulation or modification of policies and procedures of all go"ernment agencies in"ol"ed in t!e Ju"enile Justice and #elfare S,stem> and .21 $ompre!ensi"e Ju"enile 5nter"ention Programs to 'e de"eloped and instituted ', t!e BF-s as pro"ided in &ule <=. !e )ational 5nter"ention Program s!all 'e de"eloped ', t!e JJ#$, 2it!in si8 .61 mont!s from t!e

effecti"it, of t!e (ct, 2it! t!e participation of3 .<1 Fo"ernment agencies concerned, including 'ut not limited t!ose enumerated in &ule => .21 )on7go"ernment organi6ations> .*1 $!ild and ,out! organi6ations> and .+1 !e Beagues of pro"inces, cities, municipalities and 'aranga,s.

Rule 57.b. $omponents of t!e program !e )ational 5nter"ention Program s!all 'e formulated and designed to include, among ot!ers, t!e follo2ing3 .a1 5n7dept! anal,ses of t!e pro'lem and in"entories of programs, ser"ices, facilities and resources a"aila'le> .'1 #ell7defined responsi'ilities for t!e go"ernment agencies, 'ot! mem'er and coordinating, institutions and personnel as 2ell as non7go"ernment agencies in"ol"ed in inter"ention and pre"ention efforts> .c1 Mec!anisms for t!e appropriate coordination of inter"ention and pre"ention efforts 'et2een go"ernmental and non7go"ernmental agencies> .d1 Policies, programs and strategies 'ased on prognostic studies to 'e continuousl, monitored and carefull, e"aluated in t!e course of implementation> .e1 Met!ods for effecti"el, reducing t!e opportunit, for c!ildren to commit offenses> .f1 $ommunit, in"ol"ement t!roug! a 2ide range of ser"ices and programs> .g1 $lose interdisciplinar, cooperation 'et2een t!e national go"ernment and t!e local go"ernments, 2it! t!e in"ol"ement of t!e pri"ate sector representati"e citi6ens of t!e communit, to 'e ser"ed, and concerned go"ernment agencies as 2ell as t!e :udiciar, in ta4ing concerted action to pre"ent commission of offenses ', c!ildren> .!1 Participation of c!ildren in inter"ention and pre"ention policies and processes, including recourse to communit, resources, ,out! self7!elp, and "ictim compensation and assistance programs> and .i1 Speciali6ed personnel at all le"els .e.g., social 2or4ers, prosecutors1 and t!eir respecti"e roles in t!e :u"enile :ustice and 2elfare s,stem.

R&)( 58. $ompre!ensi"e Ju"enile 5nter"ention Program

Rule 58.a. De"elopment> term Eac! BF- s!all formulate a $ompre!ensi"e Ju"enile 5nter"ention Program ./Bocal 5nter"ention Program01 to 'e instituted from t!e 'aranga, to t!e pro"incial le"el. Eac! Bocal 5nter"ention Program s!all co"er a period of at least t!ree .*1 ,ears. !e BF-s, in coordination 2it! t!e B$P$s, s!all call on all sectors concerned, particularl, t!e c!ild7focused institutions, )FOs, people;s organi6ations, educational institutions and go"ernment agencies in"ol"ed in delin?uenc, pre"ention to participate in t!e planning process and implementation of t!e Bocal 5nter"ention Programs. E8isting programs of BF-s dealing 2it! c!ildren s!all 'e deemed part of B$P$ program.

Rule 58.b. $omponents Eac! Bocal 5nter"ention Program s!all 'e formulated and designed to include t!e components prescri'ed in &ule <A.', 2!en appropriate. (ll Bocal 5nter"ention Programs s!all 'e consistent 2it! t!e )ational 5nter"ention Program formulated and designed ', t!e JJ#$.

Rule 58.c. 5mplementation !e B$P$ s!all ser"e as t!e primar, agenc, to coordinate 2it! and assist t!e BF- concerned for t!e adoption of Bocal 5nter"ention Program, and to o"ersee its proper implementation. (s pro"ided ', Section <= of t!e (ct, t!e BF-s s!all set aside an amount necessar, to implement t!eir respecti"e :u"enile inter"ention programs in t!eir annual 'udget.

Rule 58.d. (ssessment !e implementation of t!e Bocal 5nter"ention Programs s!all 'e re"ie2ed and assessed annuall, ', t!e BF-s in coordination 2it! t!eir respecti"e B$P$s. &esults of t!e assessment s!all 'e su'mitted ', t!e BF-s to t!e JJ#$, t!roug! t!e D5BF, not later t!an Marc! *0 of e"er, ,ear.

R&)( 59. $ommunit,7'ased programs as inter"ention

Rule 59.a. O':ecti"es of communit,7'ased programs as inter"ention (s pro"ided in Section <% of t!e (ct, t!e communit,7'ased programs for :u"enile inter"ention and delin?uenc, pre"ention s!all respond to t!e special needs, pro'lems, interests and concerns of c!ildren and offer appropriate counseling and guidance to t!em and t!eir families. (ll communit,7'ased programs to 'e designed ', BF-s s!all consist of t!ree le"els3 .<1 Primar, inter"ention includes general measures to promote social :ustice and e?ual opportunit,, 2!ic! tac4le percei"ed root causes of offending. !ese s!all include programs on ad"ocac,, socio7economic ser"ice, !ealt! and nutrition, training and education. .21 Secondar, inter"ention includes measures to assist c!ildren at ris4, i.e., protecti"e ser"ices for c!ildren> and .*1 ertiar, inter"ention includes measures to a"oid unnecessar, contact 2it! t!e formal :ustice s,stem and ot!er measures to pre"ent reoffending, i.e., di"ersion programs, re!a'ilitation, reintegration and after care ser"ices, 2!ic! s!all 'e furt!er defined in Parts C55, C555 and G5 of t!ese &ules. !ese programs intend to minimi6e t!e commission of offenses ', c!ildren 2!o are potentiall, and actuall, in conflict 2it! t!e la2 and t!eir e"entual appre!ension ', la2 enforcement officers.

Rule 59.b. Formulation and implementation !e communit,7'ased programs on :u"enile inter"ention and delin?uenc, pre"ention s!all 'e instituted ', t!e BF-s t!roug! t!e B$P$s, sc!ools, ,out! organi6ations and ot!er concerned agencies consistent 2it! t!e Bocal 5nter"ention Programs. !e Sangguniang La'ataan, as prescri'ed ', Section <A of t!e (ct, s!all coordinate 2it! t!e B$P$ in t!e formulation and implementation of :u"enile inter"ention programs in t!e communit,. BF-s, in coordination 2it! t!e B$P$s, s!all 'e responsi'le ma4ing an annual assessment and e"aluation of t!e communit,7'ased programs for inter"ention in t!e compre!ensi"e :u"enile inter"ention programs. &esults of t!e assessment s!all 'e su'mitted ', t!e pro"incial and cit, go"ernments to t!e JJ#$ not later t!an Marc! *0 of e"er, ,ear. Municipal go"ernments s!all su'mit t!eir reports to t!e pro"incial go"ernment for consolidation.

Rule 59.c. Programs and ser"ices for :u"enile inter"ention 5n de"eloping communit,7'ased programs for :u"enile inter"ention and delin?uenc, pre"ention, BF-s

s!all 'e guided ', t!e follo2ing3 .<1 Ser"ices and programs t!at respond to t!e special needs, pro'lems, interests and concerns of c!ildren and offer appropriate counseling and guidance to c!ildren and t!eir families s!all 'e de"eloped, or strengt!ened 2!ere t!e, e8ist. .21 ( 2ide7range of communit,7'ased support measures for c!ildren, including 'ut not limited to communit, de"elopment centers, recreational facilities and ser"ices t!at respond to t!e special pro'lems of c!ildren at ris4, s!all 'e pro"ided, or strengt!ened 2!ere t!e, e8ist. .*1 Special facilities s!all 'e set up to pro"ide ade?uate s!elter for c!ildren 2!o are no longer a'le to li"e at !ome or 2!o do not !a"e !omes to li"e in. .+1 ( range of ser"ices and !elping measures s!all 'e pro"ided to deal 2it! t!e difficulties e8perienced ', c!ildren in t!e transition to adult!ood. Suc! ser"ices s!all include special programs for ,oung drug a'users 2!ic! emp!asi6e care, counseling, assistance and t!erap,7oriented inter"entions. .@1 BF-s s!all s!are resources 2it! and support t!e programs of pri"ate and non7go"ernment organi6ations pro"iding ser"ices for c!ildren. .61 Dout! organi6ations s!all 'e created or strengt!ened at t!e local le"el and gi"en full participator, status in t!e management of communit, affairs. !ese organi6ations s!all encourage t!e ,out! to organi6e collecti"e and "oluntar, pro:ects, particularl, pro:ects aimed at !elping c!ildren in need of assistance. .A1 !e BF-s s!all ta4e special responsi'ilit, and pro"ide necessar, ser"ices for !omeless or street c!ildren. 5nformation a'out local facilities, accommodation, emplo,ment and ot!er forms and sources of !elp s!all 'e made readil, a"aila'le to c!ildren. .=1 ( 2ide range of recreational facilities and ser"ices of particular interest to c!ildren s!all 'e esta'lis!ed and made easil, accessi'le to t!em.Lawcenter.ph

R&)( "#. &ole of different sectors in :u"enile inter"ention and pre"ention

Rule "#.a. Famil, (s pro"ided in Section <2 of t!e (ct, t!e famil, s!all 'e responsi'le for t!e primar, nurturing and rearing of c!ildren, 2!ic! are critical in delin?uenc, pre"ention. (s far as practica'le and in accordance 2it! t!e procedures of t!e (ct, a c!ild in conflict 2it! t!e la2 s!all 'e maintained in !is9!er famil,.

Rule "#.b. Educational s,stem B, 2a, of contri'uting to :u"enile inter"ention and delin?uenc, pre"ention, educational institutions s!all, consistent 2it! Section <* of t!e (ct3 .<1 #or4 toget!er 2it! families, communit, organi6ations and agencies in t!e pre"ention of :u"enile delin?uenc, and in t!e re!a'ilitation and reintegration of c!ild in conflict 2it! t!e la2. .21 Pro"ide ade?uate, necessar, and indi"iduali6ed educational sc!emes for c!ildren manifesting difficult 'e!a"ior and c!ildren in conflict 2it! t!e la2. .*1 5n cases 2!ere c!ildren in conflict 2it! t!e la2 are ta4en into custod, or detained in ,out! re!a'ilitation centers, pro"ide t!e opportunit, to continue learning under an alternati"e learning s,stem 2it! 'asic literac, program or non7formal education accreditation e?ui"alenc, s,stem. 5n addition to t!eir academic and "ocational training acti"ities, educational institutions s!all de"ote particular attention to t!e follo2ing3 .<1 eac!ing of 'asic "alues and de"eloping respect for t!e c!ild;s o2n cultural identit, and patterns, for t!e social "alues of t!e countr, in 2!ic! t!e c!ild is li"ing, for ci"ili6ations different from t!e c!ild;s o2n and for !uman rig!ts and fundamental freedoms> .21 Promotion and de"elopment of t!e personalit,, talents and mental and p!,sical a'ilities of c!ildren to t!eir fullest potential> .*1 5n"ol"ement of c!ildren as acti"e and effecti"e participants in, rat!er t!an mere o':ects of, t!e educational process> .+1 -nderta4ing acti"ities t!at foster a sense of identit, 2it! and of

'elonging to t!e sc!ool and t!e communit,> .@1 Encouragement of ,oung persons to understand and respect di"erse "ie2s and opinions, as 2ell as cultural and ot!er differences> .61 Pro"ision of information and guidance regarding "ocational training, emplo,ment opportunities and career de"elopment> .A1 Pro"ision of positi"e emotional support to c!ildren and t!e a"oidance of ps,c!ological maltreatment> .=1 Pro!i'ition of !ars! disciplinar, measures, particularl, corporal punis!ment> .%1 See4 to 2or4 toget!er 2it! parents, communit, organi6ations and agencies concerned 2it! t!e acti"ities of c!ildren> .<01 E8tend particular care and attention to c!ildren at ris4. Speciali6ed pre"ention programs and educational materials, curricula, approac!es and tools s!ould 'e de"eloped and full, utili6ed> .<<1 Fi"e special attention to compre!ensi"e policies and strategies for t!e pre"ention of alco!ol, drug and ot!er su'stance a'use ', c!ildren. eac!ers and ot!er professionals s!ould 'e e?uipped and trained to pre"ent and deal 2it! t!ese pro'lems. 5nformation on t!e use and a'use of drugs, including alco!ol, s!ould 'e made a"aila'le to t!e student 'od,> .<21 Ser"e as resource and referral centers for t!e pro"ision of medical, counseling and ot!er ser"ices to c!ildren, particularl, t!ose 2it! special needs and suffering from a'use, neglect, "ictimi6ation and e8ploitation> .<*1 (ttempt to meet and promote t!e !ig!est professional and educational standards 2it! respect to curricula, teac!ing and learning met!ods and approac!es, and t!e recruitment and training of ?ualified teac!ers> .<+1 Plan, de"elop and implement e8tracurricular acti"ities of interest to c!ildren, in cooperation 2it! communit, groups> .<@1 Fi"e special assistance to c!ildren 2!o find it difficult to compl, 2it! attendance rules, and to /drop7 outs>0 .<61 Promote policies and rules t!at are fair and :ust.

Rule "#.c. Mass media (s pro"ided in Section <+ of t!e (ct, t!e mass media s!all pla, an acti"e role in t!e promotion of c!ild rig!ts, and delin?uenc, pre"ention ', rela,ing consistent messages t!roug! a 'alanced approac!. Media practitioners s!all, t!erefore, !a"e t!e dut, to maintain t!e !ig!est critical and professional standards in reporting and co"ering cases of c!ildren in conflict 2it! t!e la2 consistent 2it! t!e Fuidelines for Media Practitioners on t!e &eporting and $o"erage of $ases 5n"ol"ing $!ildren issued ', t!e Special $ommittee for t!e Protection of $!ildren. 5n all pu'licit, concerning c!ildren, t!e 'est interest of t!e c!ild s!ould 'e t!e primordial and paramount concern. (n, undue, inappropriate and sensationali6ed pu'licit, of an, case in"ol"ing a c!ild in conflict 2it! t!e la2 is !ere', declared a "iolation of t!e c!ild;s rig!ts. !e rig!t of t!e c!ild in conflict 2it! t!e la2 to !a"e !is9!er pri"ac, s!all 'e respected. (n, material information o'tained ', media practitioners on t!e c!ild in conflict 2it! t!e la2 must not 'e used in "iolation of t!is rig!t or in an, manner t!at ma, lead to t!e c!ild;s identit,. Media practitioners s!all not disclose t!e identities of t!e relati"es of t!e c!ild to maintain confidentialit, and pri"ac,.

The mass media shall also be encouraged: (1) To ensure that children have access to information and material from a diversity of national and international sources;

(2) To portray the positive contribution of children to society; and (3) To disseminate information on the existence of services, facilities and opportunities for children in society PART V INITIAL CONTACT WITH THE CHILD RULE 21. !nitial contact "ith the child Rule 21.a. #hat constitutes initial contact !nitial contact refers to the apprehension or ta$ing into custody of a child in conflict "ith the la" by la" enforcement officers or private citi%ens !t includes the time "hen the child alleged to be in conflict "ith the la" receives a subpoena under &ection 3(b) of 'ule 112 of the 'evised 'ules of (riminal )rocedure or summons under &ection *(a) or &ection +(b) of the same 'ule in cases that do not re,uire preliminary investigation or "here there is no necessity to place the child alleged to be in conflict "ith the la" under immediate custody Rule 21.b. !f initial contact by private citi%ens or non-la" enforcement officers !n the event a child in conflict "ith the la" is apprehended or ta$en into custody by private citi%ens, the child shall be immediately referred to the appropriate la" enforcement officer for the child to undergo the proper investigation as provided in the succeeding 'ules RULE 22. )rocedure for ta$ing child into custody .rom the moment the child is ta$en into custody, the la" enforcement officer shall faithfully observe the follo"ing procedure as provided in &ection 21 of the /ct: (a) )roperly identify him0herself and present proper identification to the child (b) !mmediately notify the child1s parents0guardians, the local social "elfare and development officer (2&#34), and the )ublic /ttorney1s 4ffice of the child1s apprehension The notification shall be made not later than eight (5) hours after apprehension (c) 6xplain to the child in simple language and in a language or dialect that he0she can understand: (1) The reason for placing the child under custody; (2) The offense that he0she allegedly committed; and (3) 7is0her constitutional rights (d) !mmediately start the determination of the age of the child in accordance "ith the guidelines provided in 'ule 38 belo" (e) Ta$e the child immediately to the proper medical and health officer for a thorough physical and mental examination #henever the medical treatment is re,uired, steps shall be immediately underta$en to provide the same (f) Turn over the custody of the child to the 2&#34 or other accredited nongovernment organi%ations immediately but not later than eight (5) hours after apprehension The turn over of

custody shall be done "ithin the same eight (5) hours referred in item (b) under this 'ule 7o"ever, in cases "here the child is found to be belo" the age of criminal responsibility as defined in &ection 28 of the /ct, the la" enforcement officer shall immediately release the child to his0parents in accordance "ith 'ule 31 belo" The turnover of children belo" the age of criminal responsibility to parents not"ithstanding, the la" enforcement officer shall proceed "ith the initial investigation, "here appropriate The above procedure must be conducted in strict observance of the prohibitions provided in &ection 21 of the /ct and in 'ule 25 belo" "hile the la" enforcement officer is in custody of the child / child in conflict "ith the la" shall only be searched by a la" enforcement officer of the same gender as prescribed in &ection 21 of the /ct RULE 23. !nitial investigation Rule 23.a. 9ature and ob:ective of the investigation The initial investigation is the stage after initial contact "hen the la" enforcement officer ta$es the statement of the child in conflict "ith the la" The la" enforcement officer shall, in the conduct of the initial investigation, determine "here the case involving the child in conflict "ith the la" should be referred

Rule 23.b. #ho conducts; "ho are present /s provided in &ection 22 of the /ct, the la" enforcement officer, specifically from the #omen and (hildren )rotection 3es$ "here present, shall ta$e the statement of the child during the initial investigation, "hich shall be conducted in the presence of the follo"ing: (1) (hild1s counsel of choice or in the absence thereof, a la"yer from the )ublic /ttorney1s 4ffice; (2) (hild1s parents, guardian, or nearest relative, as the case may be; and (3) 2&#34 !n the absence of the child1s parents, guardian, or nearest relative, and of the 2&#34, the investigation shall be conducted in the presence of a representative of an 9;4 or faith-based group, or a member of the <()( Rule 23.c. 7o" the statement of the child is ta$en !n ta$ing the statement of the child, the la" enforcement officer shall observe the follo"ing guidelines: (1) The investigation shall be child friendly and be conducted in a nonintimidating manner (2) The intervie" of the child shall be conducted in a separate intervie" room to ma$e the child feel comfortable and free to express him0herself (3) The la" enforcement officer shall use simple and understandable language in ta$ing the statement of the child during the initial investigation (=) The la" enforcement officer shall allo" the 2&#34, or the persons

ta$ing his0her place as above enumerated, to actively assist in conducting the initial investigation (>) There should be enough privacy to avoid unnecessary interruptions, distractions and0or participation from non-parties that could humiliate or ma$e the child uncomfortable (*) The "ritten statement to be prepared shall reflect the language used by the child and not the language used by the la" enforcement officer The initial investigation shall be conducted in the best interest of the child and in a manner "hich allo"s the child to participate and to express him0herself freely Rule 23.d. &igning statements /s provided in &ection 21(m), the la" enforcement officer conducting the initial investigation shall ensure that all statements signed or thumbmar$ed by the child during investigation shall be "itnessed by the child1s parents or guardian, the 2&#34, or if not present, any other social "or$er, or counsel in attendance, "ho shall affix his0her signature to the said statement Rule 23.e. /fter ta$ing the statement of the child above fifteen years of age /fter ta$ing the statement of the child "ho is above fifteen (1>) years of age but belo" eighteen (15) years of age, the la" enforcement officer shall refer the records of the child to the 2&#34 for an assessment if the child acted "ith discernment as provided in 'ule 3= The la" enforcement officer shall transmit the follo"ing records of the child to the 2&#34: (1) #ritten statement of the child; (2) 4ther pertinent records such as the documents sho"ing the basis for the determination of the age of the child; (3) ?edical report if available; and (=) /ll other records that may assist the 2&#34 in ma$ing an assessment if the child acted "ith discernment The 2&#34 shall, as part of the initial investigation, assess if the child acted "ith discernment in accordance "ith 'ule 3= and ma$e the necessary recommendation to the la" enforcement officer on the basis of said assessment The la" enforcement officer shall consider the assessment made by the 2&#34 in preparing the report of the initial investigation and in deciding "here to refer the case of the child Rule 23.f. 'eport on initial investigation; "hat to record /fter the initial investigation, the la" enforcement officer conducting the same shall prepare a report, "hich contains the follo"ing information: (1) #hether handcuffs or other instruments of restraint "ere used, and if so, the reason for such; (2) That the parents or guardian of a child, the 3&#3 or the 2&#34, and the )/4 have been duly informed of the apprehension and the details thereof; (3) The exhaustion of measures to determine the age of a child; (=) The basis for the determination of the age of the child; (>) The precise details of the physical and medical examination or the failure to submit a child to such examination; (*) To "hom the child "as released and the basis for the release; and

(@) #here the case shall be referred as provided in the next 'ule and the basis for such disposition, i e , the nature of the offense allegedly committed by the child, the corresponding imposable penalty for the commission of the alleged offense, and the assessment of discernment as provided in 'ule 3= RULE 24. #here the case shall be referred /fter the initial investigation, the la" enforcement officer shall determine if the case of the child shall be referred to: (1) The 2&#34 for intervention in accordance "ith &ection 28 of the /ct and )art A!! of these 'ules if the child is: (a) .ifteen (1>) years old or belo"; or (b) /bove 1> but belo" 15 years of age and acted "ithout discernment (2) 3iversion, in accordance "ith &ection 23 of the /ct and )art A!!! of these 'ules, under the: (a) 2a" enforcement officer if the child is above 1> but belo" 15 years of age, acted "ith discernment and allegedly committed an offense "ith an imposable penalty of not more than six (*) years of imprisonment; or (b) 2&#34 if the child is above 1> but belo" 15 years of age, acted "ith discernment and allegedly committed an offense that is a victimless crime "ith an imposable penalty of not more than six (*) years of imprisonment (3) The prosecutor or :udge if the child is above fifteen (1>) but belo" 15 years of age, acted "ith discernment and allegedly committed an offense "ith an imposable penalty of more than six (*) years of imprisonment The report on the initial investigation as re,uired under 'ule 23 f shall state "here the case shall be referred and the basis for such disposition, "hich include the follo"ing information: (1) The nature of the offense allegedly committed by the child; (2) The corresponding imposable penalty for the commission of the offense; and (3) #here the case of the child shall be referred in the event of an assessment that the child acted "ith discernment as provided in 'ule 3= RULE 25. Turnover of custody !n all cases, the la" enforcement officer shall turn over the physical custody of the child to the 2&#34 "ithin eight (5) hours from apprehension, as re,uired under &ection 21(i) of the /ct The physical custody of the child shall be transferred to the 2&#34 even if the la" enforcement officer has not yet exhausted all measures to determine the age of the child under 'ule 38 and even if the initial investigation under 'ule 23 has not yet been terminated /fter the physical custody of the child is turned over, the 2&#34 shall then explain to the child and the child1s parents0guardians the conse,uences of the child1s act "ith a vie" to"ards counseling and rehabilitation, diversion from the criminal :ustice system, and reparation, if appropriate, as re,uired by &ec 21(i) of the /ct !n the event a child "hose custody is turned over by the la" enforcement officer is fifteen (1>) years old or belo", the 2&#34 shall ta$e all measures to release the child to the parents or guardians, or to any of the persons or organi%ations provided in 'ule 31 b, and proceed "ith the development of appropriate programs as provided under )art A!! of these 'ules

RULE 26. )ending turnover of custody )ending the turn over of the custody of the child to the parents, guardians or the 2&#34, as in cases "hen the child is apprehended at night time or during "ee$ends, the la" enforcement officers shall ensure that the child shall be temporarily secured in an area separate from that of the opposite sex and adult offenders and not put in the detention cell or :ail The temporary physical custody of child in such cases may also be given to a duly registered 9;4, i e , licensed and accredited by the 3&#3, a faithbased organi%ation, a barangay official, or a member of the <()( RULE 2 . 3uty to maintain confidentiality and privacy .rom the time he0she ta$es custody of the child in conflict "ith the la", the la" enforcement officer shall handle the case of the child "ith utmost confidentiality )articularly, the la" enforcement officer shall: (a) Bse a system of coding that provides aliases for children ta$en into custody; (b) ?aintain a separate logboo$ for children in conflict "ith the la"; (c) 6xclude the public, particularly the media, from the area "here the child is being held in custody pursuant to &ection =3 of the /ct; (d) 9ot provide any detail or information to the public, particularly the media, that shall lead to the identity of the child; (e) Ceep the results of the medical examination confidential; and (f) ?ar$ the records of the child and the report on the initial investigation as confidential The la" enforcement officer shall direct the media to observe the ;uidelines for ?edia )ractitioners on the 'eporting and (overage of (ases !nvolving (hildren issued by the &pecial (ommittee for the )rotection of (hildren RULE 2!. )rohibited acts "hen in custody of child Rule 2!.a. 3etention / child in conflict "ith the la" shall not be loc$ed up in a detention cell The child shall not be detained in the provincial, city or municipal :ail, even if there are ,uarters separate from adult detainees Rule 2!.b. &earch by an officer of the opposite sex / child in conflict "ith the la" shall not be searched by a la" enforcement officer of the opposite sex Rule 2!.c. (ontact "ith adult offenders and offenders of opposite sex &hould the detention of the child in conflict "ith the la" be necessary pending turnover to the 2&#34 or the other persons "ho may ta$e custody of the child under &ection 21(i) of the /ct D'ule 31 bE, the child shall be secured in ,uarters separate from that of the opposite sex and adult offenders

Rule 2!.d. Aulgar language /s re,uired under &ection 21(d) of the /ct, the la" enforcement officer having custody of the child shall refrain from using vulgar or profane "ords and from sexually harassing or abusing, or ma$ing sexual advances on the child in conflict "ith the la" Rule 2!.e. 7arassment and abuse The la" enforcement officer shall refrain from sexually harassing or abusing, or ma$ing sexual advances on the child in conflict "ith the la" Rule 2!.f. 3isplay and use of instruments of force or restraint The la" enforcement officer shall refrain from sub:ecting the child in conflict "ith the la" to greater restraint than is necessary for apprehension !f handcuffs or other instruments of restraint are used on the child, the la" enforcement officer shall record such fact in the report on the initial investigation as re,uired under &ection 21(l) of the /ct and 'ule 23 f, and the reason for the use of such instruments of restraint /s re,uired under &ection 21(e) of the /ct, the la" enforcement officer from the time of initial contact "ith the child shall also avoid displaying or using any firearm, "eapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed Rule 2!.". Aiolence or unnecessary force /s prescribed by &ection 21(g) of the /ct, the la" enforcement officer shall avoid the use of violence or unnecessary force on the child in conflict "ith the la" Rule 2!.#. )rohibitions also applicable to non-la" enforcement officers 4ther authorities including but not limited to persons to "hom custody of the child is turned over under &ection 21(i) of the /ct D'ule 31 bE and all persons having contact "ith the child in conflict "ith the la" shall also strictly observe the prohibitions under this 'ule

PART VI CRI$INAL RE%PON%I&ILIT'

RULE 2(. 6xemption from criminal liability

Rule 2(.a. #ho are exempt /s provided in &ection * of the /ct, the follo"ing shall be exempt from criminal liability:

(1) / child fifteen (1>) years of age or under at the time of the commission of the offense; (2) / child above fifteen (1>) years but belo" eighteen (15) years of age "ho acted "ithout discernment at the time of the commission of the offense

Rule 2(.b. Treatment of children exempt from criminal responsibility (hildren exempt from criminal liability as referred in this 'ule shall be sub:ected to an intervention program pursuant to &ection 28 of the /ct and )art A!! of these 'ules Rule 2(.c. 9on-exemption from civil liability /s provided in &ection * of the /ct, the exemption from criminal liability of children under this 'ule does not include exemption from civil liability, "hich shall be enforced in accordance "ith existing la"s RULE 3). /ge Rule 3).a. #ho determines the age; "hen and ho" /s provided in 'ule 22, the la" enforcement officer having initial contact "ith the child, after ta$ing the child into custody, shall immediately determine the age of the child !n ma$ing such determination, the la" enforcement officer shall, consistent "ith &ection @ of the /ct, ta$e any or all of the follo"ing measures to ascertain the age of the child: (1) 4btain documents that sho" proof of the child1s age, such as: (a) (hild1s birth certificate; (b) (hild1s baptismal certificate; or (c) /ny other pertinent documents such as but not limited to the child1s school records, dental records or travel papers The la" enforcement officer may obtain the above documents from any of the follo"ing:Lawcenter.ph (a) )arents, guardian or relatives of the child (for copies of any of the above documents); (b) 2ocal civil registrar or the 9ational &tatistics 4ffice (for a copy of the birth certificate); (c) &chool the child attends (for school records, dental records,

birth certificate or baptismal certificate, "hen re,uired by the school); (d) 2ocal health officer (for medical records); and (e) (hurch (for baptismal records) (2) #hen the above documents cannot be obtained or pending receipt of such documents, the la" enforcement officer shall exhaust other measures to determine age by: (a) !ntervie"ing the child and obtaining information that indicate age (e g , date of birthday, grade level in school); (b) !ntervie"ing persons "ho may have $no"ledge of the age of the child (e g , relatives, neighbors, teachers, classmates); (c) 6valuating the physical appearance (e g , height, built) of the child; and (d) 4btaining other relevant evidence of age The la" enforcement officer may obtain the assistance of the 2&#34 and the <()( in gathering documents and other relevant information in ascertaining the age of the child Rule 3).b. !n case of doubt; presumption of minority !n case of doubt as to the age of the child, after all measures are exhausted to determine it, the age shall be resolved in his0her favor /s provided in &ection @ of the /ct, the child in conflict "ith the la" shall en:oy the presumption of minority 7e0&he shall en:oy all the rights of a child in conflict "ith the la" until he0she is proven to be eighteen (15) years old or older Rule 3).c. !f age is contested /s provided in &ection @ of the /ct, any person contesting the age of the child in conflict "ith the la" prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the .amily (ourt "hich shall decide the case "ithin t"enty four (2=) hours from receipt of the appropriate pleadings of all interested parties !f a case has been filed against the child in conflict "ith the la" and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court "here the case is pending )ending hearing on the said motion, proceedings on the main case shall be suspended !n all proceedings, la" enforcement officers, prosecutors, :udges and other government officials concerned shall exert all efforts at determining the age of the child in conflict "ith the la" RULE 31. <elo" the age of criminal responsibility Rule 31.a. !mmediate release of child; notify 2&#34

/s provided in &ection 28 of the /ct, if it has been determined that the child ta$en into custody is fifteen (1>) years old or belo", the authority "hich "ill have initial contact "ith the child has

the duty to: (1) !mmediately release the child to the custody of his0her parents or guardian, or in the absence thereof, the child1s nearest relative; and (2) 9otify the 2&#34 for the determination of appropriate intervention and prevention programs for the child Rule 31.b. (ustody of child belo" age of criminal responsibility !f the parents, guardians or nearest relatives cannot be located, or if they refuse to ta$e custody of the child, the child may be released by the authority having initial contact "ith the child to any of the follo"ing: (1) / duly registered non-governmental organi%ation, i e , duly licensed and accredited by the 3&#3; (2) / faith-based organi%ation; (3) / barangay official; (=) / member of the <()(; (>) /n 2&#34; or (*) The 3&#3 "hen and "here appropriate !f parents, guardians or relatives are unable to ta$e custody of the child due to mental or physical incapacity or incarceration, the child shall be referred to alternative placement such as foster homes, in addition to "hat has been provided in the /ct Lawcenter.ph Rule 31.c. 3uty of the local social "or$er !mmediately after being notified of the apprehension of the child fifteen (1>) years old or belo", the 2&#34 shall: (1) )repare a case study report on the child; and (2) 3etermine the appropriate intervention and prevention programs in consultation "ith the child and the person having custody over the child The 2&#34 shall also determine if the child is abandoned, neglected or abused by his0her parents for purposes of filing a petition for involuntary commitment if necessary !f the safety of the child is in danger in vie" of the alleged commission of the offense, the 2&#34 shall encourage the parent or guardian of the child to re,uest for temporary custody of the child to the 3&#3 or licensed and accredited 9;4s !n the event the parent or guardian does not agree to the re,uest for temporary custody of the child, the 2&#34 shall carefully revie" the case of the child and file a petition for involuntary commitment "hen sanctioned by la", in accordance "ith ) 3 *83 and the &( 'ule on (ommitment of (hildren RULE 32. )etition for involuntary commitmentLawcenter.ph

/ petition for involuntary commitment may be filed by the 2&#34 "ith the technical assistance of 3&#3, or by the 3&#3 if: (a) The child in conflict "ith the la" is found by the 2&#34 to be abandoned, neglected or abused by his0her parents; or (b) The parents do not comply "ith the intervention and prevention programs as determined under )art A!! of these 'ules / child in conflict "ith the la" is considered: (a) F/bandonedG "hen the child has no proper parental care or guardianship or "hen the child1s parents or guardians have deserted him0her for a period of at least six (*) continuous months, as provided in /rt 1=1(2), Title A!!! of ) 3 *83; (b) F9eglectedG "hen his0her basic needs have been deliberately unattended or inade,uately attended as provided in /rt 1=1(3) of ) 3 *83; or (c) F/busedG "hen upon the evaluation of the 2&#34, the child is found to be maltreated, "hether habitual or not, as defined in &ection 3(b) of 'epublic /ct 9o @*18, or the F&pecial )rotection of (hildren /gainst /buse, 6xploitation and 3iscrimination /ctG DF' / @*18GE The filing of the petition for involuntary commitment shall be done in accordance "ith the provisions of Title A!!!, (hapter 1 of ) 3 *83 and the &( 'ule on (ommitment of (hildren RULE 33. /bove the age of criminal responsibility Rule 33.a. &till exempt The child in conflict "ith the la" "ho is above fifteen (1>) but belo" eighteen (15) years of age shall be exempt from criminal responsibility, unless he0she acted "ith discernment <eing exempt, the child shall be dealt "ith in the same manner as a child "ho is belo" the age of criminal responsibility as provided in 'ule 38 and )art A!! of these 'ules Rule 33.b. Bnless acted "ith discernment !f the child in conflict "ith the la" is above fifteen (1>) years old but belo" eighteen (15) years of age acted "ith discernment, the child shall proceed to diversion under (hapter 2 of the /ct and )art A!!! of these 'ules

RULE 34. 3iscernment Rule 34.a. 3efinition 3iscernment is the mental capacity to understand the difference bet"een right and "rong and its conse,uences Rule 34.b. !nitial assessment of discernment The 2&#34, after the la" enforcement officer refers the records of a child "ho is fifteen (1>) years old or above but belo" eighteen (15) years old as provided in 'ule 2> f, shall prepare a report indicating an assessment if the child acted "ith discernment for the purpose of

determining "hether to proceed "ith intervention under &ec 28 of the /ct ()art A!! of these 'ules) or "ith diversion under (hapter 2 of the /ct ()art A!!! of these 'ules) Rule 34.c. <asis for assessment of discernment !n ma$ing an assessment if the child "ho is above fifteen (1>) years but belo" eighteen (15) years of age acted "ith discernment, the 2&#34 shall ta$e into consideration:Lawcenter.ph (1) /ll the facts and circumstances of the case; (2) The educational level and performance of the child in conflict "ith the la"; (3) The appearance, attitude, comportment and behavior of the child in conflict "ith the la", before, during and after the commission of the offense The 2&#34 shall consider only factors that indicate if the child acted "ith discernment and not indicators of premeditation or intention to commit the alleged offense The 2&#34 shall be further guided by procedures to be prescribed by the 3&#3 in ma$ing an assessment of the presence or absence of discernment The 2&#34 shall endeavor continuously be updated "ith latest trends in conducting psychosocial analyses of children and research on factors affecting the behavior of children in conflict "ith the la" Rule 34.d. /fter the assessment /fter ma$ing an assessment, the 2&#34 shall prepare a report sho"ing the basis for the assessment if the child acted "ith or "ithout discernment This report shall be submitted to the la" enforcement officer handling the case of the child /fter receipt of the report by the 2&#34, the la" enforcement officer shall conclude the initial investigation and refer the case of the child in accordance "ith 'ule 2* Rule 34.e. Bpon initial assessment of no discernment !f after consideration of the initial assessment that the child "ho is above fifteen (1>) but belo" eighteen (15) years of age acted "ithout discernment, the la" enforcement officer refers the case of the child to the 2&#34 for intervention pursuant to 'ule 2*(1), the 2&#34 has the duty to: (1) !mmediately release the child to the custody of his0her parents or guardian, or in the absence thereof, the child1s nearest relative or to those listed in 'ule 31 "hen appropriate; and (2) 3etermine the appropriate intervention and prevention programs for the child as provided in )art A!! of these 'ules Rule 34.f. (ontesting the assessment of acting "ithout discernment The offended party, in the event he0she contests the assessment of absence of discernment, may file the appropriate case before the prosecutor

PART VII INTERVENTION *OR CHILDREN E+E$PT *RO$ CRI$INAL LIA&ILIT'

RULE 35. (hildren in conflict "ith the la" given intervention programs The follo"ing children exempt from criminal liability shall be given the appropriate intervention programs: (a) Those ta$en into custody "ho are fifteen (1>) years old or belo"; and (b) Those above fifteen (1>) but belo" eighteen (15) years old and found to have acted "ithout discernment RULE 36. .actors in determining appropriate intervention programs !n determining the appropriate intervention and prevention programs for children exempt from criminal liability, the 2&#34 shall ta$e into account the best interest of the child, "hich considers, among others, the follo"ing: (a) (ircumstances of the child (e g , age, level of development, educational bac$ground); (b) 9eeds of the child if specially disadvantaged, i e , street child, or child "ith mental or physical difficulties; (c) .amily and social bac$ground of the child; (d) !nfluence of the family and environment on the gro"th of the child; (e) /bility and "illingness of the parents or guardians to guide and supervise the child; (f) 9ature and circumstances of the offense charged; (g) /vailability of community-based programs for intervention and prevention; and (h) &afety and security of the child The 2&#34 shall further be guided by the principles of intervention as provided in 'ule 1> Lawcenter.ph The 2&#34 shall engage the active participation of the child, in accordance "ith his0her evolving capacity, and his0her parents or guardians in the formulation and the implementation of the intervention programs RULE 3 . Cinds of intervention programs The intervention programs for the child exempt from criminal liability may include any or a combination of the follo"ing: (a) (ounseling; (b) )eer counseling and life s$ills training and education; (c) )rovision of support services to the family, e g , parent effectiveness service, livelihood programs, s$ills trainings, etc ; (d) 'eferral to other agencies for appropriate services, e g , education, health, s$ills training, etc ; and (e) /ccess to child and youth organi%ations in the community, such as but not limited to the &angguniang Cabataan The intervention programs determined by the 2&#34 also include programs for the parents and

family of the child The time frame of the intervention programs and the outcome desired shall be specified RULE 3!. ?onitoring compliance The child and the parents, guardian or persons having custody of the child shall regularly report to the 2&#34 "ho determined the intervention program for evaluation of the: (a) 6ffectiveness of the program; and (b) (ompliance by the child and the parents "ith the terms and conditions of the prevention program The fre,uency of reporting shall be determined by the 2&#34 in the intervention program To determine compliance "ith the program, the 2&#34 shall also: (a) (onduct periodic visits at the home of the child or at the place "here the custody of the child is given; and (b) (onduct case conference "ith local officials and authorities of the school "here the child attends RULE 3(. .ailure to comply "ith intervention programs !f the child and the parents, guardian or persons having custody of the child fail to comply "ith the intervention program, despite exhausting all efforts to assist them, the 2&#34 may file the proper petition for involuntary commitment of the child pursuant to ) 3 *83

PART VIII DIVER%ION *OR CHILDREN WHO ACTED WITH DI%CERN$ENT RULE 4). (oncept0principles of diversion 3iversion refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict "ith the la" on the basis of his0her social, cultural, economic, psychological or educational bac$ground "ithout resorting to formal court proceedings !n implementing diversion, the follo"ing principles shall be considered: (a) Bse of positive measures; (b) .ull mobili%ation of all possible resources, "hich include the family, volunteers, schools and other community institutions; (c) 6ffective, fair and humane dealing "ith the child; and (d) )romotion of the "ell-being of the child RULE 41. #ho shall undergo; venue of diversion )ursuant to &ection 23 of the /ct, the child in conflict "ith the la" shall undergo diversion proceedings if he0she: (a) !s above fifteen (1>) years but belo" eighteen (15) years of age;

(b) /cted "ith discernment; and (c) /llegedly committed an offense "ith an imposable penalty of not more than six (*) years of imprisonment if diversion is conducted at the barangay, police or prosecutor1s level, and not more than t"elve (12) years of imprisonment, if diversion is resorted to by the court

RULE 42. #here diversion may be conducted

/s provided under &ection 2= of the /ct, if the imposable penalty for the offense committed is not more than six (*) years of imprisonment, diversion may be conducted at the: (a) Catarungang )ambarangay level under the )unong <arangay as provided in 'ule =3; (b) )olice investigation stage under the la" enforcement officer as provided in 'ule ==; or (c) !n,uest or preliminary investigation stage under the prosecutor as provided in 'ule >>

!f the offense "ith the imposable penalty of not more than six (*) years imprisonment is a victimless crime, the diversion proceedings shall be conducted by the 2&#34 in coordination "ith the <()( !f the imposable penalty for the offense committed exceeds six (*) years of imprisonment but not more than t"elve (12) years of imprisonment, diversion may resorted to only by the court

RULE 43. /t the Catarungang )ambarangay level Rule 43.a. 3iversion prior to entry to the criminal :ustice system / child in conflict "ith la" may undergo diversion proceedings outside the criminal :ustice system "hen his0her case is referred to the barangay through the 2upon Tagapamayapa Rule 43.b. #ho conducts and assists 3iversion at the Catarungang )ambarangay level shall be conducted by the 2upon Tagapamayapa, chaired by the )unong <arangay, "ith the assistance of the members of the <()(, as provided in &ection 23 (a) of the /ct

Rule 43.c. 9ature of proceedings; participants The )unong <arangay shall conduct mediation, family conferencing and conciliation and, "here appropriate, adopt indigenous modes of conflict resolution "ith a vie" to accomplishing the ob:ectives of restorative :ustice and the formulation of a diversion program The child and his0her family shall be present in the conduct of these diversion proceedings The offended party may participate in the diversion proceedings The absence of the offended party in the diversion proceedings or his0her disagreement in its conduct shall not prevent the proceedings from being conducted The )unong <arangay shall, ho"ever, endeavor to obtain the participation and the consent of the offended party in the formulation of the diversion program Rule 43.d. .ormulation and supervision of diversion program at the <arangay level The diversion program at the Catarungang )ambarangay level shall be formulated by the )unong <arangay "ith the assistance of the <()( members in accordance "ith 'ule =+ The supervision of the diversion program at this level shall li$e"ise be done by the )unong <arangay, "ith the assistance of the <()( /s a form of monitoring, the members of the <()( and the community volunteers to be designated by the <()( may conduct house visits "ith the child and his0parents or guardian to trac$ the child1s compliance "ith the contract of diversion and the child1s performance of the diversion program This may be done in consultation "ith the 2&#34 Rule 43.d. 3uty of )unong <arangay "hen there is no diversion )ursuant to &ection 2@ of the /ct, the )unong <arangay handling the case shall, "ithin three (3) days from determination of absence of :urisdiction or termination of the diversion proceedings as provided belo", for"ard the records of the case to the: (1) 2a" enforcement officer or prosecutor H "hen the child or the child1s parents0guardian does not consent to a diversion Bpon the issuance of the corresponding document, certifying to the fact that no agreement has been reached by the parties, the case shall be filed according to the regular process (2) )rosecutor or the court H "hen the case involves an offense "ith an imposable penalty of more than six (*) years imprisonment RULE 44. /t the la" enforcement level Rule 44.a. #hen conducted at the la" enforcement level 3iversion shall be conducted at the la" enforcement level "hen: (1) /fter the conduct of diversion proceedings at the Catarungang )ambarangay level, the child or the child1s parents0guardian does not

consent to a diversion and the )unong <arangay for"ards the case of the child as provided under 'ule =3 d (i); (2) /fter the conduct of the initial investigation, the la" enforcement officer determines that the child is above 1> but belo" 15 years of age, acted "ith discernment and allegedly committed an offense, that is not a victimless crime, "ith an imposable penalty of not more than six (*) years of imprisonment, as provided under 'ule 2*(2)(a)

Rule 44.b. #ho conducts and assistsLawcenter.ph 3iversion at the police investigation stage shall be conducted by the la" enforcement officer "ith the assistance of the 2&#34, as provided in &ection 23(a) of the /ct Rule 44.c. 9ature of proceedings; participants The nature of diversion proceedings to be conducted by the la" enforcement officer and the participants therein shall be the same as that under 'ule =3 c Rule 44.d. 3uty of the la" enforcement officer "hen there is no diversion )ursuant to &ection 23 of the /ct, the la" enforcement officer handling the case shall for"ard the records of the case to the prosecutor or :udge "hen the case involves an offense "ith an imposable penalty of more than six (*) years imprisonment; or the child or the child1s parents0guardian does not consent to a diversion The case records shall be for"arded "ithin three (3) days from determination of absence of :urisdiction or termination of the diversion proceedings as above stated

The prosecutor or :udge to "hom the records are referred shall conduct the preliminary investigation and determine "hether or not the child should remain under custody and correspondingly charged in court RULE 45. /t the level of the 2&#34 in case of victimless crimes Rule 45.a. #hen diversion is conducted at the 2&#34 level 3iversion shall be conducted at the level of the 2&#34 "hen after the conduct of initial investigation, the la" enforcement officer determines that the child is above 1> but belo" 15 years of age, acted "ith discernment and allegedly committed a victimless crime "here the imposable penalty is not more than six (*) years of imprisonment, as provided under 'ule 2*(2) (b) Rule 45.b. 9ature of proceedings The 2&#34 shall meet "ith the child and his0her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination "ith the <()(

RULE 46. /t the court level #here the imposable penalty for the crime committed exceeds six (*) years imprisonment, diversion measures may be resorted to only by the court and "ill proceed in accordance "ith the &( 'ules on Iuveniles in (onflict "ith the 2a" RULE 4 . 3iversion proceedings Rule 4 .a. 3uties of the authority conducting diversion proceedings The authority conducting the diversion proceedings shall: (1) 6xplain to the child and his0her family the ob:ective of the diversion proceedings, the value of diversion and the conse,uence of not undergoing diversion (2) /s$ the child of the circumstances of the offense, the motives or purpose of the offense and the factors that led the child to commit the offense (3) /s$ the child of his0her personal circumstance including his0her parents and family, his0her peers and educational status (=) ?a$e the child in conflict "ith the la" understand the conse,uences of his0her actions and the corresponding responsibilities (>) 6nsure that the child understands and reali%es his0her accountability, be remorseful of his0her actions and ta$es on the responsibility in repairing the harm done in lieu of filing a formal case in the court The authority conducting the diversion proceedings shall also determine if diversion is appropriate and desirable based on the factors provided in the next 'ule Bpon a finding that diversion is not applicable or desirable, the authority handling the diversion proceedings shall issue the corresponding document certifying to such fact and shall file the case according to the regular process Rule 4 .b. .actors in determining if diversion is appropriate !n determining "hether diversion is appropriate and desirable, the follo"ing factors shall be ta$en into consideration by the authority conducting the diversion proceedings:

(1) 9ature and circumstances of the offense charged; (2) .re,uency and the severity of the act; (3) (ircumstances of the child (e g age, maturity, intelligence, etc ); (=) !nfluence of the family and environment on the gro"th of the child; (>) 'eparation of in:ury to the victim; (*) #eight of the evidence against the child;

(@) &afety of the community; and (5) <est interest of the child The determination of appropriateness and desirability of diversion shall consider the recommendation of the 2&#34, "hen applicable Rule 4 .c. (onduct of diversion proceedings The authority conducting the diversion proceedings shall ensure that the proceedings are childfriendly and sensitive to the needs, "elfare and the protection of the rights of the child in conflict "ith the la" The authority shall use language that is simple and understandable to the child in conflict "ith the la" 3iversion proceedings shall be conducted in a place "here the identities of the child and the parties concerned are $ept confidential There should be enough privacy to avoid unnecessary interruptions, distractions and0or participation from non-parties that could humiliate or ma$e the child uncomfortable The 3&#3, in consultation "ith the 2;Bs particularly 2()(s, shall formulate rules and guidelines that should be follo"ed during the diversion proceedings to protect the child from coercion, intimidation, harm, abuse, or other actions detrimental to the child &uch guidelines shall ensure that the child understands the diversion proceedings in "hich he0she is involved Rule 4 .d. (ustody pending diversion proceedings )ending the conduct of the diversion proceedings, the custody of the child shall be given to the parents, guardians, relatives or any other responsible person in the community, ta$ing into consideration the best interest of the child in conflict "ith the la" Rule 4 .e. #hose consent re,uired; if not obtained The consent of the child and of the parents or guardian of the child shall be obtained in arriving at a contract of diversion #hen the consent of either is not obtained, the diversion proceedings shall be terminated and the case of the child referred in accordance "ith 'ule >1 Rule 4 .f. 2ength of proceedings; "hen terminated The diversion proceedings shall be completed "ithin forty-five (=>) days 3iversion proceedings are deemed terminated "hen: (1) / contract of diversion has been entered; (2) The forty-five day period expires "ithout any agreement reached; (3) The child or his0her parents or guardian do not consent to a diversion; (=) The authority conducting the diversion finds that diversion is not applicable based on the factors enumerated in the immediately preceding 'ule Lawcenter.ph

RULE 4!. (ontract of diversion

Rule 4!.a. #hen entered; voluntary admission / contract of diversion may be entered during the diversion proceedings "hen the child voluntarily admits the commission of the act as provided in &ection 2* of the /ct The voluntary admission of the child during the diversion proceedings shall be only deemed as consent to undergo the diversion program and shall not be considered a plea of guilt Rule 4!.b. /dmission not to be ta$en against the child /ny admission of the child shall not be used against the child in any subse,uent :udicial, ,uasi:udicial or administrative proceedings 9either shall the admission be used against the child through denial of privileges and opportunities, discrimination in treatment, or imposition of any form of liability or punishment by reason of such admission Rule 4!.c. /cceptance of contract; form and content The contract of diversion containing the diversion program shall be effective and binding if accepted by the child and the parents or guardian of the child The contract shall be in "riting and signed by the: (1) (hild; (2) )arents or guardian of the child; (3) /uthority that conducted the diversion proceedings (the )unong <arangay, the la" enforcement officer or the prosecutor); (=) ?ember of the <()( assisting the )unong <arangay, in cases of diversion proceedings at the Catarungang )ambarangay level; and (>) 2&#34 in cases of diversion proceedings by the la" enforcement officer or by the prosecutor The contract of diversion shall contain the individuali%ed diversion program and shall stipulate the rights, responsibilities or accountabilities of the child, the parents or guardian and the offended party, "hen applicable The contract of diversion considers as the responsibility or accountability of the child to restore the harm done in vie" of the offense committed /s such, the authority conducting the diversion proceedings shall endeavor to obtain the agreement of the offended party in the formulation of the individuali%ed diversion program contained in the contract of diversion by: (1) 6xplaining to the offended party the benefits of forgiveness and diversion, and the need to reform the child "ithin the auspices of the community instead of detention homes or rehabilitation centers once the child expresses remorse and a "illingness to as$ for forgiveness from the offended party; and (2) /ssuring the offended party that the 2&#34, together "ith the local government and the community, "ill ta$e care of the responsibility of reforming and monitoring the child through various diversion programs 7o"ever, the acceptance of the offended party is not re,uired for a contract of diversion to be valid

RULE 4(. .ormulation of the diversion program Rule 4(.a. .actors considered in formulation The diversion program shall be formulated during the diversion proceedings !n the formulation of the diversion program, the individual characteristics and the peculiar circumstances of the child in conflict "ith the la", including but not limited to the cultural, social, economic and religious circumstances of the child, shall be used to formulate an individuali%ed treatment (onsistent "ith &ection 38 of the /ct, the follo"ing factors shall be considered in formulating a diversion program for the child: (1) The child1s feelings of remorse for the offense he0she committed; (2) The parents1 or legal guardians1 ability to guide and supervise the child; (3) The victim1s vie" about the propriety of the measures to be imposed; (=) The availability of community-based programs for rehabilitation and reintegration of the child; and (>) 'ecord of prior offenses, if any The diversion program shall include ade,uate socio-cultural and psychological responses and services for the child Rule 4(.b. Cinds of diversion program /s provided in &ection 31 of the /ct, at the different stages "here diversion may be resorted to, the diversion programs may be agreed upon, such as, but not limited to: (1) /t the level of the )unong <arangay:

(a) 'estitution of property; (b) 'eparation of the damage caused; (c) !ndemnification for conse,uential damages; (d) #ritten or oral apology; (e) (are, guidance and supervision orders; (f) (ounseling for the child in conflict "ith the la" and the child1s family; (g) /ttendance in trainings, seminars and lectures on:

(i) anger management s$ills; (ii) problem solving and0or conflict resolution s$ills;

(iii) values formation; and (iv) other s$ills "hich "ill aid the child in dealing "ith situations "hich can lead to repetition of the offense;

(h) )articipation in available community-based programs, including community service; or (i) )articipation in education, vocation and life s$ills programs (2) /t the level of the la" enforcement officer and the prosecutor: (a) 3iversion programs specified under paragraphs (1)(a) to (1)(i) herein; and (b) (onfiscation and forfeiture of the proceeds or instruments of the crime; (3) /t the level of the appropriate court: (a) 3iversion programs specified under paragraphs (a) and (b) above; (b) #ritten or oral reprimand or citation; (c) .ine; (d) )ayment of the cost of the proceedings; or (e) !nstitutional care and custody

RULE 5). (ommunity-based programs as diversion Rule 5).a. 4b:ectives of community-based diversion The community-based programs for diversion, as distinguished from the programs for intervention under 'ule 15, shall respond to the special needs, problems, interests and concerns of children in conflict "ith the la" through the establishment of community based mechanisms and programs to prevent them from offending and re-offending Rule 5).b. 3evelopment of diversion; /ssessment The community-based programs for diversion shall be developed by the 2;Bs through the 2&#34s and the 2()(s, in coordination "ith the schools, youth organi%ations and other concerned agencies These programs shall be consistent "ith the standards prescribed in the /ct and guidelines issued by the 3&#3 The &angguniang Cabataan, as prescribed by &ection 1@ of the /ct, shall coordinate "ith the 2()( in the formulation and implementation of diversion programs in the community 2;Bs shall be responsible ma$ing the assessment and evaluation of the communitybased programs for diversion in their annual report on the comprehensive :uvenile intervention programs

Rule 5).c. .amily participationLawcenter.ph The family of the child in conflict "ith the la" shall endeavor to actively participate in the community-based diversion program

RULE 51. (ompliance "ith diversion Rule 51.a. 'eporting obligations The child together "ith the parents or guardians shall present themselves to the competent authorities that imposed the diversion program at least once a month for reporting and evaluation of the effectiveness of the program Rule 51.b. &upervision and monitoring The conduct of the diversion program at the la" enforcement or prosecutor level shall be supervised by the 2&#34 The 2&#34, shall devise a monitoring and follo"-up mechanism to ensure compliance "ith the contract of diversion particularly of the child and his0her parents or guardian, and to determine the progress of the rehabilitation, reintegration and the entire diversion program Rule 51.c. .ailure to comply .ailure to comply "ith the terms and conditions of the contract of diversion, as certified by the 2&#34, shall give the offended party the option to institute the appropriate legal action !n cases "here the there is failure of diversion at the <arangay level, the )unong <arangay that conducted the diversion proceedings, upon a finding of failure to comply, may refer the case of the child to the la" enforcement officer or prosecutor as if there is no consent to the diversion or that diversion is not appropriate and desirable for the child as provided in &ection 2+ of the /ct !n cases "here the offense committed is a victimless crime, the 2&#34 that conducted the diversion proceedings, upon a finding of failure to comply, may refer the case of the child to the prosecutor as if there is no consent to the diversion or that diversion is not appropriate and desirable for the child as provided in &ection 2+ of the /ct RULE 52. &uspension of prescription Rule 52.a. 3uring diversion proceedings The period of prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed forty-five (=>) days Rule 52.b. 3uring diversion program The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not exceeding a period of t"o (2) years

PART I+ PRO%ECUTION RULE 53. #hen to proceed to preliminary investigation / child in conflict "ith the la" shall proceed to appropriate preliminary investigation in the follo"ing cases: (a) The offense committed by the child in conflict "ith the la" has an imposable penalty of more than six (*) years; (b) 4ffended party opts to file an action "ith failure to comply "ith the terms of diversion; (c) 9o consent or agreement to a diversion; and (d) #hen considering the assessment and recommendation of the 2&#34, the prosecutor determines that diversion is not appropriate for the child in conflict "ith the la"

RULE 54. 6ffort to divert

!n cases "here no consent or agreement to a diversion "as reached at the level of the la" enforcement officer or 2&#34 conducting the diversion proceedings, the prosecutor shall still endeavor to arrive at an agreement to a diversion program RULE 55. /llegation of torture or ill-treatment !f there is an allegation of torture or ill-treatment of a child in conflict "ith the la" during arrest or detention, it shall be the duty of the prosecutor to investigate the same and initiate the corresponding legal action "hen necessary

RULE 56. 9otice to the )/4 /s provided in &ection 33 of the /ct, upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the )ublic /ttorney1s 4ffice of such service, as "ell as the personal information, and place of detention of the child in conflict "ith the la" RULE 5 . Bpon determination of probable cause Bpon determination of probable cause by the prosecutor, the information against the child shall be filed before the .amily (ourt "ithin forty-five (=>) days from the start of the preliminary investigation

RULE 5!. !f the child is deprived of liberty !f the child in conflict "ith the la" is deprived of liberty at the time the prosecutor assumes :urisdiction of the case, the )/4 has the duty to manifest to the court such fact "ith the ob:ective of obtaining an immediate order of release from the (ourt RULE 5(. &pecial training of the prosecutor

There shall be a specially trained prosecutor to conduct in,uest, preliminary investigation and prosecution of cases involving a child in conflict "ith the la" )rosecutors assigned to handle cases of children in conflict "ith the la" shall be given childsensitivity and gender-sensitivity trainings and other appropriate trainings by the 34I, "ith the assistance of the 3&#3 PART + COURT PROCEEDIN,% RULE 6). 3iversion measures #here the maximum penalty imposed by la" for the offense "ith "hich the child in conflict "ith the la" is charged is imprisonment of not more than t"elve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict "ith the la", the court shall, pursuant to the &( 'ules on Iuveniles in (onflict "ith the 2a", determine "hether or not diversion is appropriate Lawcenter.ph RULE 61. Treatment of children pending trial Rule 61.a. /lternatives to detention pending trial (hildren detained pending trial may be released on bail or recogni%ance as provided for under &ections 3= and 3> of the /ct !n all other cases and "henever possible, detention pending trial may be replaced by alternative measures, such as close supervision, intensive care or placement "ith a family or in an educational setting or home Rule 61.b. 3etention as measure of last resort !nstitutionali%ation or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time RULE 62. <ail <ail refers to the security given for the release of the person in custody of the la", furnished by

him0her or a bondsman, to guarantee his0her appearance before any court <ail may be given in the form of corporate security, property bond, cash deposit, or recogni%ance .or purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered RULE 63. 'elease on 'ecogni%ance 'ecogni%ance refers to an underta$ing in lieu of a bond assumed by a parent or custodian "ho shall be responsible for the appearance in court of the child in conflict "ith the la", "hen re,uired #here a child is detained, the court shall order the: (a) release of the minor on recogni%ance to his parents and other suitable persons; (b) release of the child in conflict "ith the la" on bail; or (c) transfer of the minor to a youth detention home0youth rehabilitation center RULE 64. 9o :ail detention The court shall not order the detention of a child in a :ail pending trial or hearing of his0her case #henever detention is necessary, a child "ill al"ays be detained in youth detention homes established by local governments, pursuant to &ection 5 of the .amily (ourts /ct, in the city or municipality "here the child resides !n the absence of a youth detention home, the child in conflict "ith the la" may be committed to the care of the 3&#3 or a local rehabilitation center recogni%ed by the government in the province, city or municipality "ithin the :urisdiction of the court The center or agency concerned shall be responsible for the child1s appearance in court "henever re,uired RULE 65. /utomatic suspension of sentence 4nce the child "ho is under eighteen (15) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability "hich may have resulted from the offense committed 7o"ever, instead of pronouncing the :udgment of conviction, the court shall place the child in conflict "ith the la" under suspended sentence, "ithout need of application: Provided, however, That suspension of sentence shall still be applied even if the :uvenile is already eighteen years (15) of age or more at the time of the pronouncement of his0her guilt RULE 66. 3isposition measures Bpon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as provided in the &upreme (ourt 'ule on Iuveniles in (onflict "ith the 2a" RULE 6 . 3ischarge of the (hild in (onflict "ith the 2a" Bpon the recommendation of the social "or$er "ho has custody of the child, the court shall dismiss the case against the child "hose sentence has been suspended and against "hom disposition measures have been issued, and shall order the final discharge of the child if it finds that the ob:ective of the disposition measures have been fulfilled

The discharge of the child in conflict "ith the la" shall not affect the civil liability resulting from the commission of the offense, "hich shall be enforced in accordance "ith la"

RULE 6!. 'eturn of the (hild in (onflict "ith the 2a" to (ourt !f the court finds that the ob:ective of the disposition measures imposed upon the child in conflict "ith the la" have not been fulfilled, or if the child in conflict "ith the la" has "illfully failed to comply "ith the conditions of his0her disposition or rehabilitation program, the child in conflict "ith the la" shall be brought before the court for execution of :udgment !f said child in conflict "ith the la" has reached eighteen (15) years of age "hile under suspended sentence, the court shall determine "hether to discharge the child in accordance "ith this /ct, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of t"enty-one (21) years

RULE 6(. (redit in &ervice of &entence The child in conflict "ith the la" shall be credited in the services of his0her sentence "ith the full time spent in actual commitment and detention under this /ct RULE ). )robation as an /lternative to !mprisonment The court may, after it shall have convicted and sentenced a child in conflict "ith the la", and upon application at any time, place the child on probation in lieu of service of his0her sentence ta$ing into account the best interest of the child .or this purpose, &ec = of )residential 3ecree 9o +*5, other"ise $no"n as the F)robation 2a" of 1+@*G, is hereby amended accordingly PART +I REHA&ILITATION AND REINTE,RATION RULE 1. 4b:ective of rehabilitation and reintegration 'ehabilitation is the process of rectifying or modifying a child1s negative attitude and behavior !t enables the child to change his0her negative behavior into something positive and acceptable to the community

'eintegration is the process, "hich promotes or facilitates the acceptance of the child bac$ to the community !t is the healing of the victim1s and the community1s "ounds that "as inflicted on them by the offense

'ehabilitation is integral to the process of reintegration

/s provided in &ection == of the /ct, the ob:ective of rehabilitation and reintegration of children in conflict "ith the la" is to provide them "ith interventions, approaches and strategies that "ill enable them to improve their social functioning "ith the end goal of reintegration to their families and as productive members of their communities &pecifically, the ob:ectives of the rehabilitation and reintegration of children in conflict "ith the la" are the: (a) )rovision of protection that substitutes parental care to the children in conflict "ith the la"; (b) /ssistance to the children in gaining insight into their behavior and attitudes and redirection of counter productive behavior patterns and anti-social attitudes into more positive and constructive ones; (c) 6nhancement of the children1s coping capabilities and trust on others; (d) )rovision of opportunities for the children to ac,uire social and occupational s$ills and improved self-image; (e) .acilitation of the disposition of the case in court and the child1s reintegration "ith family and community; and (f) /ssistance to (!(2s through educational intervention in the alternative learning system RULE 2. 'ehabilitation of children in conflict "ith the la" (hildren in conflict "ith the la", "hose sentences are suspended, may upon order of the court, undergo any or a combination of disposition measures, "hich are already in place, best suited to the rehabilitation and "elfare of the child as provided in the &upreme (ourt 'ule on Iuveniles in (onflict "ith the 2a" RULE 3. (ommunity-based programs for rehabilitation

Rule 3.a. 9ature and ob:ectives of community-based rehabilitation !n addition to the ob:ectives of rehabilitation and reintegration in 'ule @1, communitybased programs for rehabilitation shall: (1) )revent disruption in the education or means of livelihood of the child in conflict "ith the la" in case he0she is studying, "or$ing or attending vocational learning institutions; (2) )revent separation of the child in conflict "ith the la" from his0her parents0guardians to maintain the support system fostered by their relationship and to create greater a"areness of their mutual and reciprocal responsibilities; (3) .acilitate the rehabilitation and mainstreaming of the child in conflict "ith the la" and encourage community support and involvement; and (=) ?inimi%e the stigma that attaches to the child in conflict "ith the la" by preventing :ail detention Lawcenter.ph Rule 3.b. (riteria in the development of programs for community-based

'ehabilitation 6very 2;B shall establish community-based programs that "ill focus on the rehabilitation and reintegration of the child /ll programs shall meet the criteria to be established by II#( "hich shall ta$e into account the follo"ing: (1) The purpose of the program, "hich is to promote the rights and "elfare of the child in conflict "ith the la"; (2) The need for the consent of the child and his0her parents or legal guardians to ensure the effectiveness of the program and the involvement of the family; and (3) The maximum participation of the 3&#3 accredited child-centered agencies in the community "here the child in conflict "ith the la" is in, "hether public or private The community-based programs that "ill specifically focus on the reintegration of children in conflict "ith the la" may include but should not be limited to the existing0retained pac$age of community-based programs being implemented by the 2;B

Rule 3.c. !mplementation of community-based rehabilitation programs Bnder the supervision and guidance of the 2&#34, and in coordination "ith his0her parents or guardian, the child in conflict "ith the la" shall participate in communitybased programs, "hich shall include, but are not limited to: (a) (ompetency and life s$ills development; (b) &ocio-cultural and recreational activities; (c) (ommunity volunteer pro:ects; (d) 2eadership training; (e) &ocial services; (f) 7omelife services; (g) 7ealth services; (h) &piritual enrichment; (i) (ommunity and family "elfare services; and (:) (ontinuing education programs

<ased on the progress of the youth in the community, a final report "ill be for"arded by the local social "elfare and development officer to the court for final disposition of the case Rule 3.d. .amily participation The family of the child in conflict "ith the la" shall endeavor to actively participate in the community-based rehabilitation Rule 3.e. 'elease of the child !f the community-based rehabilitation is availed by a child in conflict "ith the la", he0she shall be released to parents, guardians, relatives or any other responsible person in the community RULE 4. !nstitutional rehabilitation Rule 4.a. 4b:ectives of institutional rehabilitation The ob:ective of rehabilitation of children in conflict "ith the la" in institutions is to provide care, protection, education and vocational s$ills, "ith a vie" to assisting them to assume socially constructive and productive roles in society (hildren in conflict "ith the la" "ho are placed in institutions shall receive care, protection and all necessary assistance H social, educational, vocational, psychological, medical and physical H that they may re,uire because of their age, sex, and personality and in the interest of their "holesome development Rule 4.b. #here a child may be admitted for rehabilitation !n the event the court finds that community-based rehabilitation is inappropriate and deprivation of liberty through institutional rehabilitation is re,uired, the child in conflict "ith the la" may be committed to one of the follo"ing: (1) Jouth 3etention 7ome; (2) Jouth 'ehabilitation (enter; (3) /gricultural camps; and (=) 4ther training facilities

Rule 4.c. #hen a child may be placed in institutional rehabilitation /s provided in &ection => of the /ct, no child shall be admitted in any rehabilitation or training facility "ithout a valid order issued by the court after a hearing for the purpose Rule 4.d. 'egister of children admitted The details of the court order referred in 'ule @= c shall be immediately entered in a register

exclusively for children in conflict "ith the la" /s re,uired by &ection => of the /ct, no child shall be admitted in any facility "here there is no such register Lawcenter.ph

'ule @= e &ocial (ase &tudy 'eport and other documents

The 2&#34 shall prepare a &ocial (ase &tudy 'eport on the child in conflict "ith the la" and for"ard this 'eport to the rehabilitation facility that shall admit the child This 'eport shall include the psychological evaluation, medical records, birth certificate, school records and other documents necessary for planning the rehabilitation of the child RULE 5. Treatment of children in institutional rehabilitation Rule 5.a. )rovision of a home environment /s provided in &ection =* of the /ct, the rehabilitation, training or confinement area of children in conflict "ith the la" shall provide a home environment "here children in conflict "ith the la" can be provided "ith ,uality counseling and treatment

!n the interest and "ell-being of the child in conflict "ith the la" admitted in any facility, his0her parents or guardians shall have a right of access Rule 5.b. &eparate facilities from adults !n all rehabilitation or training facilities, it shall be mandatory that children shall be separated from adults, unless they are immediate members of the same family, as provided in &ection =* of the /ct Bnder no other circumstance shall a child in conflict "ith the la" be placed in the same confinement as adults

Rule 5.c. Treatment of female children in conflict "ith the la" /s provided in &ection =@ of the /ct, female children in conflict "ith the la" placed in an institution shall be given special attention as to their personal needs and problems !n consideration of their gender needs, female children in conflict "ith the la" shall be handled only by female doctors, correction officers and social "or$ers They shall be accommodated separately from male children in conflict "ith the la" They shall by no means receive less care, protection, assistance, treatment and training than the male children in conflict "ith the la" The fair treatment of female children in conflict "ith the la" shall be ensured

!n areas "here there are fe" female children in conflict "ith the la", temporary homes or shelters shall be set up, subsidi%ed and managed by the 3&#3, 2;Bs or 9;4s Rule 5.d. ;ender-sensitivity training 9o personnel of rehabilitation and training facilities shall handle children in conflict "ith the la" "ithout having undergone gender sensitivity training

The 2;B in coordination the 3&#3 shall provide gender sensitivity training and other appropriate trainings relative to treatment and rehabilitation of children in conflict "ith the la" RULE 6. Jouth detention homes Rule 6.a. 9ature

/ Jouth 3etention 7ome (or FJouth 7omeG) is a 2=-hour child-caring institution managed by accredited 2;Bsand licensed and0or accredited 9;4s providing short term residential care for children in conflict "ith the la" "ho are a"aiting court disposition of their cases or transfer to other agencies or :urisdiction Rule 6.b. 4b:ectives of Jouth 7omes Jouth 7omes shall have different programs that meet the various needs of children in conflict "ith the la"

(hildren "hose liberty is restricted pending trial shall undergo programs different from those programs given children "hose sentences are suspended Rule 6.c. #hen placed in the custody of Jouth 7omes 4nly children in conflict "ith the la" "ho are detained pending trial or are detained "ith adults at the time of the effectivity of the /ct may be placed in the custody of Jouth 7omes !nstitutionali%ation in Jouth 7omes shall only be done through a court order after a determination that the continued deprivation of liberty is necessary and that there are no appropriate alternatives for detention Rule 6.d. 6stablishment of Jouth 7omes /ll 2;Bs shall exert efforts for the establishment of Jouth 7omes for children in conflict "ith

the la" "ithin five (>) years from the effectivity of the /ct 2;Bs shall set aside an amount to build Jouth 7omes

Jouth 7omes may also be established by private and non-government organi%ations licensed and accredited by the 3&#3, in consultation "ith the II#(

/ll Jouth 7omes to be established shall be separate and located in a compound far from :ails and other detention centers for adults

The 3!2; shall monitor the establishment and maintenance of Jouth 7omes in the 2;Bs Rule 6.e. 4peration and &tandards The 3&#3 through its &tandards <ureau shall, in consultation "ith concerned agencies, develop, revie" and enhance the standards for Jouth 7omes to ensure efficiency, effectiveness and accountability in the delivery of ,uality programs and services for children in conflict "ith the la" "ho are detained pending trial /ll Jouth 7omes shall operate in a secure manner that ensures the safety and protection of children in conflict "ith the la", staff and the community "here it is located !t shall engage them in a helping relationship "ith a team of various disciplines in a home-li$e environment !t shall li$e"ise comply "ith the standards set forth by the 3&#3 &tandards <ureau

Rule 6.f. 'egistration, 2icensing and /ccreditation of Jouth 7omes 9o Jouth 7ome shall operate "ithout a valid registration, license and accreditation certificate from 3&#3, except for Jouth 7omes managed by 2;Bs, "hich shall be exempt from registration and licensing The 3&#3 shall underta$e the accreditation and licensing of the operation of Jouth 7omes .ailure to comply "ith the registration, licensing and accreditation re,uirements shall be dealt "ith in accordance "ith &ection *2 of the /ct and )art K!A of these 'ules 4ther 3&#3 rules and regulations for registration, licensing and accreditation shall also be applied unless other"ise specified in these 'ules Lawcenter.ph Rule 6.". #hen and "here to apply for accreditation 2;B, private and 9;4-managed Jouth 7omes established and operating "ithout registration and0or license certificates prior to the effectivity of the /ct shall apply for such "ithin three (3) months upon effectivity of the !'' Those that "ill be established after the application for registration shall be done prior its operation, for a license to operate "ithin t"o years from date of registration /pplication for accreditation shall be done "ithin one (1) year from issuance of license

2;B-managed Jouth 7omes established prior to the effectivity of the /ct shall apply for accreditation "ithin three (3) months from date of effectivity of this !'' and those that "ill be established thereafter shall apply "ithin one (1) year after its establishment /pplications for registration and license shall be filed "ith the 3&#3 .ield 4ffice "here the Jouth 7ome is located, except those managed by private and nongovernment organi%ations operating in more than one region, in "hich case, applications shall be filed "ith the 3&#3 &tandards <ureau, (entral 4ffice /ll applications for accreditation shall li$e"ise be filed "ith the 3&#3 &tandards <ureau RULE . Jouth 'ehabilitation (enter

Rule .a. Jouth rehabilitation center and its services / Jouth 'ehabilitation (enter (or FJouth (enterG) refers to a 2=-hour residential care facility that provides children in conflict "ith the la" "ith care, treatment and rehabilitation services under the guidance of a trained staff "here children in conflict "ith the la" on suspended sentence, or Fresidents,G are cared for under a structured therapeutic environment "ith the end vie" of reintegrating them in their families and communities as socially functioning individuals / Jouth (enter is managed by the 3&#3, 2;Bs, or licensed and0or accredited 9;4s monitored by the 3&#3, and the preceding rules on registration, licensing and accreditation shall apply Rule .b. 2imitations in mobility of residents )hysical mobility of residents of Jouth (enters may be restricted pending court disposition of the charges against them Rule .c. )rogress of the child in the center / ,uarterly report shall be submitted by the Jouth (enter to the proper court on the progress of the children in conflict "ith the la" <ased on the progress of the children in the center, a final report "ill be for"arded to the court for final disposition of the case Rule .d. 6stablishment of Jouth (enters The 3&#3 shall establish Jouth (enters in each region of the country The local government and other private and non-government entities and organi%ations shall collaborate and contribute their support for the establishment and maintenance of these facilities !n regions "here Jouth (enters are not yet established, the 3&#3 shall immediately establish a Jouth (enter "ithin one (1) year from the effectivity of the /ct Rule .e. 'egistration, 2icensing and /ccreditation of 2;B and 9;4-?anaged (enters !n case of Jouth (enters managed by 2;Bs and 9;4s, the 'ules on registration, licensing and accreditation of Jouth 3etention 7omes ('ules @* e, @* f and @* g) shall apply RULE !. 6xpenses for care and maintenance of the child

Rule !.a. #ho assumes expenses The expenses for the care and maintenance of a child in conflict "ith the la" under institutional care, either in Jouth 7omes or Jouth (enters, shall be borne by his0her parents or those persons liable to support him0her !n case the parents of the child in conflict "ith the la" or those persons liable to support him0her cannot pay all or part of said expenses, the government shall shoulder said expenses in accordance "ith 'ule 188 a belo" Rule !.b. 3etermination of &tandard (ost of (are and ?aintenance The costs and maintenance of a child under institutional care shall be in accordance "ith the guidelines set forth by the 3&#3 in consultation "ith 2;Bs, private and licensed and0or accredited 9;4s These guidelines shall be updated at least every five (>) years in consideration of the prevailing price of commodities and cost of living in the locality "here the facility operates Rule !.c. 9otification and )ayment of (ost of (are and ?aintenance The 3&#3, 2;Bs or 9;4s having custody of the child either in Jouth 7omes or Jouth (enters, shall notify the parents and the concerned 2;Bs "here the offense "as committed or "here the child resides, as the case may be, "ithin t"o (2) "ee$s after admission, indicating the corresponding amount needed for the care and maintenance of the child for the duration of his0her stay in the 7ome or (enter &pecific instruction on the payment modes shall also be given to facilitate this

!f no payment is made to the receiving institutions after three (3) notices, 'ules 188 a and 188 b shall apply RULE (. /gricultural camps and other training facilities / child in conflict "ith the la" may, after conviction and upon order of the court, be made to serve his0her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the <ureau of (orrections, in coordination "ith the 3&#3 RULE !). /fter-care support servicesLawcenter.ph Rule !).a. #hen given; period /fter care support services are services given to children in conflict "ith the la" "hose cases have been dismissed by the proper court because of good behavior per recommendation of the 3&#3 social "or$er, the 2;B, and0or any accredited 9;4 youth rehabilitation center

/fter-care support services for children in conflict "ith the la" shall be given for a period of at least six (*) months Rule !).b. 9ature and ob:ectives /fter care support services include counseling and other community-based services designed to facilitate social reintegration, prevent re-offending and ma$e the children productive members of the community These services may include but should not be limited to seminar0"or$shops, life s$ills development, sports clinics activities, s$ill and livelihood programs for future employment and membership to existing youth organi%ations that enhance and teach life s$ills and positive lifestyle and other preventive programs Rule !).c. #ho develops and provides the services The after-care support services under this 'ule shall be provided by the 2&#34 The development of these services shall comply "ith the criteria set by the II#( as provided in the /ct and these 'ules The after-care support services shall engage the active participation of the child and his0her parents or guardians

2icensed and accredited 9;4s may be mobili%ed by the 2&#34 in the provision of after-care support services Lawcenter.ph PART +II CON*IDENTIALIT' AND PRIVAC' RULE !1. 'ight to confidentiality and privacy /s provided in &ection >(h) of the /ct, a child in conflict "ith the la" has the right to have his0her privacy respected fully at all stages of the proceedings, from initial contact to the final disposition of the case, including stages "hen child undergoes intervention, diversion, rehabilitation or aftercare programs /s such, all records and proceedings involving children in conflict "ith the la" from initial contact until final disposition of the case shall be considered privileged and confidential

The identity of the child shall not be divulged unless necessary and "ith authority of a :udge 9o information that may lead to the identification of a child in conflict "ith the la" and members of his0her family shall be published or broadcast in any mass media !n case the offended party is a child, the right to confidentiality and privacy of said child shall be governed by 'epublic /ct 9o @*18 (the F&pecial )rotection /gainst (hild /buse, 6xploitation and 3iscrimination /ctG), 'epublic /ct 9o 5>8> (the F'ape Aictim /ssistance and )rotection /ctG), and their !mplementing 'ules and 'egulations Lawcenter.ph

RULE !2. 'ecords and proceedings /s provided in &ection >(h) of the /ct, the public shall be excluded during the proceedings, from initial contact to the final disposition of the case, and all records from these proceedings shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose "hatsoever, except: (a) To determine if the child in conflict "ith the la" may have his0her sentence suspended; (b) !f the child in conflict "ith the la" may be granted probation under the probation la"; or (c) To enforce the civil liability imposed in the criminal action RULE !3. ?edical examination results

The results of the medical examination of the child in conflict "ith the la" ta$en prior or during the trial shall be $ept confidential, unless other"ise ordered by the .amily (ourt RULE !4. #hen records may be disclosed and to "hom The disclosure of confidential records may only be done upon order of the (ourt The records of the child in conflict of the la" may only be disclosed to persons specifically enumerated in the order of the (ourt permitting such disclosure RULE !5. Bse of records in subse,uent proceedings /s provided in &ection =3 of the /ct, the records of a child in conflict "ith the la" shall not be used in subse,uent proceedings, "hether criminal, civil or administrative, for cases involving the same offender as an adult, except "hen beneficial for the offender and upon his0her "ritten consent RULE !6. 3uty to uphold confidentiality /s re,uired under &ection =3 of the /ct, all authorities having contact "ith the child in conflict "ith the la" or having access to the records of the child in conflict "ith the la" shall underta$e all measures to protect this confidentiality of proceedings, including the: (g) Bse of a system of coding that provides aliases for children ta$en into custody; (h) ?aintenance of a separate logboo$ and a separate police blotter for children in conflict "ith the la"; (i) 6xclusion of the public, particularly the media, from the area "here the child is being held in custody pursuant to &ection =3 of the /ct; (:) 9on-disclosure of any detail or information to the public, particularly the media, that shall lead to the identity of the child; ($) Ceeping the results of the medical examination confidential; and (l) ?ar$ing of the records of the child and the report on the initial investigation as confidential .ailure to underta$e measures to maintain confidentiality is punishable under &ec *2 of the /ct

RULE ! . 6xemption from per:ury and liability for concealment or misrepresentation / person "ho has been in conflict "ith the la" as a child shall not be held under any provision of la", to be guilty of per:ury or of concealment or misrepresentation by reason of his0her failure to ac$no"ledge the case or recite any fact related thereto in response to any in,uiry made to him0her for any purpose, pursuant to &ection =3 of the /ct 9o person shall also be denied privileges and opportunities, discriminated against, punished or in any manner held liable or responsible for non-disclosure of any fact relating to his0her conflict "ith the la" as a child PART +III E+E$PTIN, PROVI%ION% RULE !!. &tatus 4ffenses, not punishable /s provided in &ection >@ of the /ct, status offenses or offenses "hich discriminate only against a child, "hile an adult does not suffer any penalty for committing similar acts, shall not be punished /ny conduct not considered an offense or not penali%ed if committed by an adult, including but not limited to curfe" violations, truancy, parental disobedience and the li$e, shall not be considered an offense and shall not be punished if committed by a child !n the event a child is apprehended for or accused of committing status offenses, la" enforcement officers have the obligation to immediately release the child and that the provisions of this /ct on prevention, diversion or rehabilitation shall not apply RULE !(. 4ffenses 9ot /pplicable to (hildren Rule !(.a. 6xemption from prosecution /s provided in &ection >5 of the /ct, all children shall be exempt from prosecution for the follo"ing offenses, being inconsistent "ith the Bnited 9ations (onvention of the 'ights of the (hild: (1) Aagrancy and prostitution under /rticle 282 of the 'evised )enal (ode; (2) ?endicancy under )residential 3ecree 9o 1>*3; and (3) &niffing of rugby under )residential 3ecree 9o 1*1+ Rule !(.b. Treatment of children exempt from prosecutionLawcenter.ph Bpon initial contact "ith the child found to have committed any of the offenses enumerated in 'ule 5+ a, the la" enforcement officer shall immediately turn over the custody of the child to the 2&#34 The child shall undergo appropriate counseling and treatment program to be determined by the 2&#34 as provided in &ection >5 of the /ct

RULE (). 6xemption from the /pplication of 3eath )enalty /s provided in &ection >+ of the /ct, the provisions of the 'evised )enal (ode, as amended, 'epublic /ct 9o +1*>, other"ise $no"n as the (omprehensive 3angerous 3rugs /ct of 2882, and other special la"s not"ithstanding, no death penalty shall be imposed upon children in conflict "ith the la"

PART +IV PROHI&ITED ACT% AND PENAL PROVI%ION

RULE (1. 2abeling and &haming

/s mandated by &ection *8 of the /ct, in the conduct of the proceedings beginning from the initial contact "ith the child, the competent authorities must refrain from branding or labeling children as young criminals, :uvenile delin,uents, deviants, prostitutes, vagrants or other similar derogatory and attaching to them in any manner any other derogatory names F(ompetent authoritiesG under this 'ule refers to persons having contact "ith the child in conflict "ith the la" including but not limited to: (a) 2a" enforcement officers; (b) <arangay officials and employees, including members of the 2()(s; (c) 2&#34s; (d) )rosecutors; (e) )/4 la"yers; (f) Iudges; (g) (ourt social "or$ers; (h) )ersonnel of youth detention homes and youth rehabilitation centers; (i) )ersonnel of agricultural camps and other training facilities maintained, supervised and controlled by the <B(4'; and (:) /ll persons having authority to implement community-based programs for intervention, diversion and rehabilitation

RULE (2. /cts of discriminationLawcenter.ph /s provided in &ection *8 of the /ct, no discriminatory remar$s and practices shall be allo"ed particularly "ith respect to the child1s class, including but not limited to gender, economic or social status, and physical condition, or ethnic origin RULE (3. /cts pre:udicial and detrimental to the child /s provided in &ection *1 of the /ct, the follo"ing and any other similar acts shall be considered pre:udicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and "ell-being of the child in conflict "ith the la" and therefore, prohibited:

(a) 6mployment of threats of "hatever $ind and nature; (b) 6mployment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary confinement; (c) 6mployment of degrading, inhuman and cruel forms of punishment such as shaving the heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict "ith the la", or forcing him0her to "al$ around the community "earing signs "hich embarrass, humiliate, and degrade his0her personality and dignity; and

(d) (ompelling the child to perform involuntary servitude in any and all forms under any and all instances RULE (4. 4ther prohibited acts in the la" /lso prohibited under the /ct are the follo"ing: (1) Aiolation of the confidentiality of proceedings involving a child in conflict "ith the la", as provided in &ection =3 of the /ct and )art K!!! of these 'ules, due to acts and omissions such as but not limited to the follo"ing: (a) 3isclosure to the media of records, including photographs, of children in conflict "ith the la"; (b) .ailure to maintain a separate police blotter for cases involving children in conflict "ith the la"; and (c) .ailure to adopt a system of coding to conceal material information "hich "ill lead to the child1s identity (2) (ommission of prohibited acts under &ection 21 of the /ct and 'ule 25 on )rohibited /cts "hen in custody of child (3) .ailure to comply "ith the registration, licensing and accreditation re,uirements under 'ules @* and @@

RULE (5. Aiolation of the )rovisions of the /ct or these 'ules or 'egulations in ;eneral

/ny person "ho violates any provision of the /ct, these 'ules or any rule or regulation promulgated in accordance "ith the /ct shall, upon conviction for each act or omission, be punished by a fine of not less than T"enty thousand pesos ()28,888 88) but not more than .ifty thousand pesos ()>8,888 88) or suffer imprisonment of not less than eight (5) years but not more than ten (18) years, or both such fine and imprisonment at the discretion of the court, unless a higher penalty is provided for in the 'evised )enal (ode or special la"s !f the offender is a public officer or employee, he0she shall, in addition to such fine and0or imprisonment, be held administratively liable and shall suffer the penalty of perpetual absolute dis,ualification Lawcenter.ph PART +V &UD,ET AND I$PLE$ENTATION RULE (6. !nitial funding /s provided in &ection *3 of the /ct, the amount necessary to carry out the initial implementation of the /ct shall be charged to the 4ffice of the )resident /n initial amount of .ifty ?illion )esos ()>8,888,888 88) for the purpose of setting up the II#( shall be ta$en from the proceeds of the )hilippine (harity &"eepsta$es 4ffice RULE ( . (ontinued implementation The sums as may be necessary for the continued implementation of this /ct shall be included in the succeeding ;eneral /ppropriations /ct RULE (!. .unding for 2()( programs /s provided in &ection 1> of the /ct, one percent (1L) of the internal revenue allotment (!'/) of barangays, municipalities and cities shall be allocated for the strengthening and implementation of the programs of the 2()( The disbursement of this fund shall be made by the 2;B concerned RULE ((. Iuvenile intervention programs /ll 2;Bs shall set aside in their annual budget an amount necessary to implement their respective comprehensive :uvenile intervention programs under &ection 15 of the /ct and 'ule 1@ This amount shall be distinct from the one percent (1L) !'/ provided in &ection 1> of the /ct RULE 1)). 6xpenses for the (are and ?aintenance of the (hild in (onflict "ith the 2a"

Rule 1)).a. 2;B responsibility to fund the child1s care and maintenance !n case the child1s parents or those persons liable to support him0her cannot pay all or part of expenses for the care and maintenance of the child under institutional care, said expenses as prescribed by &ection >8 of the /ct shall be paid as follo"s: (1) !f the offense is committed in a municipality: (a) 4ne-third (103) of the expenses H to be paid by the municipality "here the offense "as committed; (b) 4ne-third (103) H to be paid by the province to "hich the municipality belongs; and (c) The remaining one-third (103) H to be borne by the national government (2) !f the offense is committed in a chartered city: (a) T"o-thirds (203) of the expenses H to be paid by the chartered I-.le-e/01/" Rule2 a/d Re"ula013/2 3f RA (344 Pa"e 6 cities; and (b) The remaining one-third (103) H to be borne by the national government !n case a chartered city cannot pay said expenses, part of the internal revenue allotments applicable to the unpaid portion shall be "ithheld and applied to the settlement of said obligations Rule 1)).b. !f the child is not a resident of the 2;B "here the offense "as committed !n the event that the child in conflict "ith the la" is not a resident of the municipality0city "here the offense "as committed, the court, upon its determination, may re,uire the city0municipality "here the child in conflict "ith the la" is a resident to shoulder the cost of his0her care and maintenance Rule 1)).c. 3etermination of capacity to pay !n all cases, capacity of the child1s parents or those persons liable to support him0her to pay all or part of the expenses for his0her care and maintenance shall be determined by the 2&#34 of the city or municipality "here said child resides

RULE 1)1. Jouth detention homes The 2;Bs shall set aside an amount to build Jouth 3etention 7omes Jouth detention homes may also be established by private and non-government organi%ations licensed and accredited by the 3&#3, in consultation "ith the II#( 6xisting Jouth 3etention 7omes of 2;Bs shall be deemed compliance "ith this 'ule and &ection =+ of the /ct RULE 1)2. Jouth rehabilitation centers The 3&#3 shall include in its budget plan the appropriation for the establishment and maintenance of Jouth 'ehabilitation (enters in each region of the country Lawcenter.ph

PART +VI DUTIE% AND RE%PON%I&ILITIE% O* DEPART$ENT% AND A,ENCIE% RULE 1)3. 3epartment of Iustice !n addition to its duties and responsibilities arising from its administrative supervision over of the II#( under 'ule 18 a, the 34I also has the follo"ing duties and responsibilities under the /ct and these 'ules: (a) /ppoint the officers and staff of the II#( upon a favorable recommendation from the 3&#3; (b) 3etermine the ,ualifications of and designate one representative from 9;4 to the II#(; (c) (onduct regular seminars and trainings to its prosecutors on the proper handling of cases involving children in conflict "ith the la"; (d) Train the prosecutors "ith the assistance of the 3&#3 on child-sensitivity and gendersensitivity; (e) ?onitor the compliance by the follo"ing agencies and bureaus of their respective duties and responsibilities under the /ct and these 'ules: (1) )ublic /ttorney1s 4ffice; (2) <ureau of (orrections; (3) )arole and )robation /dministration; and (=) 9ational <ureau of !nvestigation; (f) 6xercise its administrative po"ers over the above-enumerated agencies to ensure compliance "ith their duties and responsibilities RULE 1)4. 3epartment of &ocial #elfare and 3evelopment

!n addition to its duties as the chair of the II#( under 'ule 18 b, the 3&#3 shall perform the follo"ing duties and responsibilities:Lawcenter.ph (a) 6stablish in all regions mechanisms and systems of receiving custody of children belo" age of criminal responsibility in cases "here parents, guardians or relatives of these children cannot be located )articularly, the 3&#3 shall establish and strengthen alternative placements in all regions of the country; (b) 3evelop and conduct training programs for social "or$ers and other service providers for the effective performance of their duties and responsibilities under the /ct and these 'ules; (c) 3etermine the ,ualifications of and designate one representative from 9;4 to the II#(; (d) &ubmit reports to the II#( of relevant data and information regarding the :uvenile :ustice and "elfare system, including but not limited to: (1) the number of cases handled involving children in conflict "ith la"; (2) disposition of cases; (3) number of children undergoing intervention, diversion and rehabilitation programs; and (=) evaluation of the intervention, diversion and rehabilitation programs implemented in their respective areas of :urisdiction; (e) !n consultation "ith the 2;Bs, particularly 2()(s, and 9;4s formulate rules and guidelines that should be follo"ed during the diversion proceedings to protect the child from coercion, intimidation, harm, abuse, or other actions detrimental to the child; (f) )rovide technical assistance to 2;Bs and 9;4s in the development of community-based programs for intervention, diversion and rehabilitation; (g) 6stablish and maintain 'egional 'ehabilitation (enters for Jouth (''(Js) The 3&#3 shall include in its budget plan the appropriation for the establishment of ''(Js in each region of the country; (h) /ssist 2;Bs in providing gender sensitivity training and other appropriate trainings relative to treatment and rehabilitation of children in conflict "ith the la" to persons at the local government level handling these children; (i) !n consultation "ith concerned agencies, develop, revie" and enhance the standards for Jouth 7omes to ensure efficiency, effectiveness and accountability in the delivery of ,uality programs and services for children in conflict "ith the la" "ho are detained pending trial; (:) !ssue rules and regulations for registration, licensing and accreditation of Jouth 7omes The 3&#3 shall also receive and evaluate applications for registration, license and accreditation of Jouth 7omes managed by 2;Bs or 9;4s and issue the appropriate certificate "hen ,ualified; ($) !nform the II#( of the establishment of Jouth 7omes by accredited private and nongovernment organi%ations as provided under &ection =+ of the /ct and 'ule @> herein; and (l) 3evelop ne" social technologies and enhance existing programs and strategies in handling children in conflict "ith the la" RULE 1)5. 3epartment of 6ducation The 3epartment of 6ducation shall: (a) !ssue the necessary policies and procedures through department orders and circulars to ensure that public and private schools perform their role in :uvenile intervention and prevention as identified in 'ule 28 b (b) )rovide speciali%ed education in Jouth 7omes, 'egional 'ehabilitation (enters for Jouth and other facilities "here children in conflict "ith the la" are placed under custody pending trial

and "hose sentences are suspended (c) !ntegrate in the curriculum programs and activities that serve as intervention to prevent children from being in conflict "ith the la" in consideration of the social, cultural, economic and religious circumstances of the children (d) 3evelop intervention programs for implementation by public and private schools consistent "ith the 9ational )rogram as provided in 'ule 1@ Lawcenter.ph (e) 3evelop policies and programs to ensure that children in conflict "ith the la" by virtue of that fact are not sub:ected to discrimination in schools, both private and public (f) (oordinate "ith T6&3/ in the formulation of special educational programs and curricula for diversion and rehabilitation of children in conflict "ith the la" RULE 1)6. 3epartment of the !nterior and 2ocal ;overnment The 3epartment of the !nterior and 2ocal ;overnment (3!2;) shall: (a) (oordinate "ith the 2;Bs, through the 2eagues of 2;Bs, in implementing policies and programs for :uvenile intervention, diversion and rehabilitation; (b) ?onitor the compliance of all 2;Bs as "ell as the )9) and the <ureau of Iail ?anagement and )enology in the performance of their duties and responsibilities under the /ct and report the results of its monitoring and evaluation to the II#(; (c) (reate a system of assisting 2;Bs in the establishment and strengthening of 2()(s; (d) 4versee the organi%ation and functionality of the 2()(s; (e) 'eport to and update the II#( the follo"ing information: (1) 2;Bs "ith existing 2()(s, no 2()(s and 2()(s under organi%ation; (2) <udget provided by 2;Bs for their 2()(s, particularly the percentage of the !'/ allocated by each 2;B for the strengthening and implementation of the programs of the 2()(; and (3) 2;Bs "ith and "ithout Jouth 3etention 7omes; (=) /llocation of the budgetary re,uirements under the /ct for the development of 2()(s; and (>) The appointment of the 2&#34s handling children in conflict "ith the la" #here there are 2;Bs "ith no 2()(s or "ith non-functional 2()(s, "here 2;Bs do not disburse the proper percentage of !'/ for the 2()(s or "here there are 2;Bs "ithout Jouth 3etention 7omes, the 3!2; shall report to the II#( the steps it has ta$en and "hat additional recommendations it proposes to address these cases (f) 6stablish a system of uniform reporting to the 9ational ;overnment, through the II#(, by 2;Bs of: (1) The results of the assessments of the 2ocal !ntervention )rograms as re,uired under &ection 15 of the /ct ('ule 15); (2) (hildren in conflict "ith la" "ho are ta$en into the custody of la" enforcement officers; and (3) 4ther relevant data, including the information enumerated in the preceding paragraph, for the monitoring of the enforcement of the /ct at the local level; (g) 'elay to all 2;Bs the problems identified by the II#( in the

implementation of the /ct at the local government level and to recommend to 2;Bs proposed measures to address the problems RULE 1) . (ouncil for the #elfare of (hildren (onsistent "ith its mandate under 6xecutive 4rder 9o 233 (1+5@) D6 4 233E, the (ouncil for the #elfare of (hildren shall: (1) 6xercise its po"ers and responsibilities under 6 4 233 consistent "ith the /ct and to further the proper administration of the Iuvenile Iustice and #elfare &ystem and the effective implementation of the 9ational Iuvenile !ntervention )rogram; (2) !ntegrate the ob:ectives of the /ct in the formulation of its integrated national policy and long-range programs under &ection = of 6 4 233 and in the preparation of its policies and programs for the development of children; (3) /ssist the II#( in the: (a) (oordination of efforts of both government and non-government organi%ations in :uvenile intervention and delin,uency prevention; (b) /dvocacy of greater efforts to support child "elfare and development; and (c) ?onitor the implementation of the /ct in relation to other la"s related to children RULE 1)!. (ommission on 7uman 'ights The (ommission on 7uman 'ights shall, consistent "ith its po"ers and responsibilities under /rticle K!!! of the 1+5@ (onstitution: (a) &trengthen the monitoring of government compliance of all treaty obligations, including the timely and regular submission of reports before the treaty bodies, as "ell as the implementation and dissemination of recommendations and conclusions by government agencies as "ell as 9;4s and civil society; (b) ?onitor the )hilippine government1s compliance to the (onvention on the 'ights of the (hild and ensure that government actions and policies, and the domestic la"s are consistent "ith the (onvention on the 'ights of the (hild; (c) ;uide and advise the II#( in the implementation of the /ct using the rights-based approach, particularly in: (1) (ollecting relevant information and conducting research and studies on matters relating to :uvenile :ustice and "elfare; and (2) The conduct of trainings to personnel involved in the administration of the :uvenile :ustice and "elfare system; (d) (onduct independent investigations to monitor violations of children1s rights in accordance "ith the /ct, "hich include public hearings on the alleged human rights violations committed against children in conflict "ith the la"; and (e) 6xercise visitorial po"ers over :ails, prisons, detention facilities and other facilities that have custody over children "ho are deprived of liberty; and (f) 'ecommend effective measures to the II#( to promote and protect the rights of the child in conflict "ith the la" RULE 1)(. 9ational Jouth (ommission (onsistent "ith its mandate under '/ 58==, the 9ational Jouth (ommission shall:

(a) !nclude in the formulation and initiation of national policies on youth the prevention of :uvenile delin,uency and the concerns of children in conflict "ith the la"; (b) Btili%e its established consultative mechanism under &ection 18(c) of '/ 58== in creating a continuing dialogue bet"een the government and the youth sector on the proper planning and evaluation of policies, programs and pro:ects affecting the children, particularly those at ris$ and in conflict "ith the la";Lawcenter.ph (c) /ssist and coordinate "ith government and non-government organi%ations or institutions in the implementation of the /ct, these 'ules and all other programs and pro:ects on :uvenile intervention and delin,uency prevention; (d) /ssist the II#( in collecting relevant information and conducting continuing research and support evaluations and studies on matters relating to :uvenile :ustice and "elfare, as provided in &ection +(g) of the /ct in relation to &ec 18(f) of '/ 58==, and report the information and results gathered to the II#(; (e) 3evelop youth programs and pro:ects as "ell as promotion and fund-raising campaigns, as provided in &ection 18(:) and ($) of '/ 58== consistent "ith and in furtherance of the 9ational Iuvenile !ntervention )rogram; (f) ?onitor and report acts of discrimination on children in conflict "ith the la" and other violations of the rights of these children; (g) 6nsure that the &angguniang Cabataan performs its functions prescribed in the /ct and in these 'ules; and (h) !nclude in its annual report to the )resident and to (ongress under &ection 18(p) of '/ 58== an appraisal of the performance of the &angguniang Cabataan of their duties under the /ct RULE 11). (oordinating /gencies Rule 11).a. <ureau of (orrections The <ureau of (orrections shall: (1) 6stablish, maintain, supervise and manage agricultural camps and other training facilities in coordination "ith the 3&#3 "here children in conflict in the la" may be committed to serve sentence as provided in &ection >1 of the /ct; and (2) &ubmit to the II#( "ithin ninety (+8) days from the effectivity of the /ct an inventory of all children in conflict "ith the la" under its custody Rule 11).b. <ureau of Iail ?anagement and )enology To ensure the effective implementation of the /ct, the <ureau of Iail ?anagement and )enology shall perform the follo"ing functions: (1) 6nsure that no children are admitted or detained in municipal0district or city0district :ails under its management; (2) !mmediately refer to the 3&#3 or the 2&#34 children "ho are found to be in the custody of municipal0district or city0district :ails; and (3) &ubmit to the II#( "ithin ninety (+8) days from the effectivity of the /ct an inventory of all children in conflict "ith the la" under its custody Rule 11).c. 9ational <ureau of !nvestigation

To assist in the effective implementation of the Iuvenile Iustice and #elfare &ystem, the 9ational <ureau of !nvestigation shall: (1) #hen in the course of underta$ing an investigation finds that a child is involved in the commission of an offense, ensure that the child shall be treated in accordance "ith the provisions of the /ct and these 'ules even if the crime or offense "as committed "ith adult offenders; (2) 6nsure that its agents shall observe the proper procedure prescribed by the /ct and these 'ules upon contact "ith a child in conflict "ith the la"; and (3) /s the national clearing house of criminal data and other information for the benefit and use of all prosecution and la" enforcement entities in the )hilippines, ensure that no criminal conviction or record is entered in its database if such conviction or record refers to the commission of an offense of person as a child in conflict "ith the la" Rule 11).d. )arole and )robation /dministration The )arole and )robation /dministration shall develop individuali%ed probation programs appropriate for the correction and rehabilitation of children in conflict "ith the la" consistent "ith the ob:ective of rehabilitation and reintegration provided in the /ct Rule 11).e. )hilippine 9ational )olice The )hilippine 9ational )olice ()9)) shall: (1) 3evelop a manual for the efficient administration of the Iuvenile Iustice and #elfare &ystem by la" enforcement officers; (2) (onduct special training to its personnel in the management of children in conflict "ith the la" and the proper observance of procedures prescribed by the /ct; (3) 6nsure that all police stations in the country have: (a) /n area "here the children ta$en into custody are $ept separate from adult offenders; (b) / separate logboo$ of all children ta$en into custody; (c) )ersonnel "ho are trained to specially deal "ith children in conflict "ith the la"; and (d) 7ave a list of all the persons0agencies that may ta$e custody of the child in conflict "ith the la" in the event the child has no parent0guardian0relative to assume such custody; (=) 6stablish a uniform system of: (a) 'eporting of children in conflict "ith la" "ho are ta$en into the custody of la" enforcement officers; and (b) ?aintaining the confidentiality of the records of children in conflict "ith the la" and protecting the identity of these children; (>) (ompile statistical data for the accurate assessment of the situation involving children in conflict "ith the la" and report the same to the II#( through the 3!2;; (*) 6stablish a system of evaluating the efficiency and effectiveness of all police units in the country in handling children in conflict "ith the la"; (@) 6nsure that all police units in the country establish and maintain close coordination and

cooperation "ith the 2()(s and the 2&#34s in their areas of :urisdiction; and (5) &ubmit to the II#( through the 3!2; "ithin ninety (+8) days from the effectivity of the /ct an inventory of all children in conflict "ith the la" under its custody Rule 11).f. )ublic /ttorney1s 4ffice The )ublic /ttorney1s 4ffice shall: (1) )rovide legal assistance to children in conflict "ith the la"; (2) ;ive special training to its la"yers in: (a) The management of cases involving children in conflict "ith the la"; and (b) Bsing child-sensitive approaches in handling children in conflict "ith the la"; and (3) 6stablish a monitoring system on statistics involving children in conflict "ith the la" consistent "ith the 9ational Iuvenile !ntervention )rogram Rule 11).". Technical 6ducation and &$ills 3evelopment /uthority The Technical 6ducation and &$ills 3evelopment /uthority, consistent "ith its mandate under 'epublic /ct 9o @@+*, shall:Lawcenter.ph (1) !ntegrate in the formulation of the 9ational Technical 6ducation and &$ills 3evelopment )lan the development of programs for children in conflict "ith the la"; (2) .und programs and pro:ects for technical education and s$ills development of children; and (3) /ssist 2;Bs in the conduct of s$ills development programs for children in conflict "ith the la" RULE 111. 2ocal ;overnment Bnits The duties and responsibilities of each 2;B in the :uvenile :ustice and "elfare system include the follo"ing: (a) 3evelop and implement a 2ocal !ntervention )rogram in accordance "ith &ection 15 of the /ct and 'ule 1@; (b) 6ncourage the participation of all sectors concerned, particularly the child-focused institutions, 9;4s, people1s organi%ations, educational institutions and government agencies involved in delin,uency prevention to participate in the planning process and implementation of :uvenile intervention programs; (c) &et aside from its annual budget the amount necessary to implement the 2ocal !ntervention )rogram; (d) 'evie" and assess annually, in coordination "ith the 2()(, the implementation of the 2ocal !ntervention )rogram 6ach 2;B shall

then submit its assessment to the II#( through the 3!2;; (e) 6nsure that no children are admitted or detained in provincial :ails; (f) 6stablish and strengthen 2()(s in accordance "ith )art !!! of these 'ules; (g) &et aside and disburse one percent (1L) of the !'/ of cities, municipalities and barangays for 2()(s; (h) )ay a portion of the expenses for the care and maintenance of the child in conflict "ith the la" in accordance "ith 'ule 188 a , in case the parents of the child or those persons liable to support the child cannot pay all or part of said expenses; (i) !nstitute community-based programs for intervention, diversion and rehabilitation; (:) /ppoint a duly licensed social "or$er as its 2&#34, "ho shall be tas$ed to assist children in conflict "ith the la" !n provinces, cities or municipalities "here there are no 2&#34s, the local chief executive shall immediately appoint a duly licensed social "or$er as its local social "elfare development officer "ho shall perform the abovementioned responsibilities &hould the appointment of an 2&#34 result in the excess in the budget ceiling for )ersonal &ervices, the same shall be :ustified in accordance "ith (ivil &ervice policies; ($) (onduct an inventory and mapping of local resources for children in conflict "ith the la"; and (l) 6stablish local Jouth 7omes for children in conflict "ith the la" "ithin five (>) years from the effectivity of the /ct RULE 112. &angguniang Cabataan /s provided by &ection 1@ of the /ct, the &angguniang Cabataan (&C) shall coordinate "ith the 2()( in the formulation and implementation of :uvenile intervention and diversion programs in the community !n addition, the &C shall, consistent "ith its mandate under the 2ocal ;overnment (ode: (a) )romulgate resolutions necessary to carry out the ob:ectives of the /ct in the barangay; (b) !nitiate programs that complement the intervention and diversion programs initiated by the 2;Bs through the 2()(s as "ell as those implemented by national agencies; (c) (reate such bodies and committees as it may deem necessary to effectively carry out its programs and activities for :uvenile intervention and diversion; (d) !nclude in its annual and end-of-term reports to the &angguniang

<arangay on their pro:ects and activities that achieve the ob:ectives of the /ct and these 'ules; and (e) (onsult and coordinate "ith all youth organi%ations in the barangay for the formulation of policies and implementation of programs on :uvenile intervention and diversion RULE 113. (hild 'ights (enter of the (ommission on 7uman 'ights /s provided in &ection 11 of the /ct, the existing (hild 'ights (enter (('() of the (7' shall ensure that the status, rights and interests of children are upheld in accordance "ith the (onstitution and international instruments on human rights !n particular, the ('( shall: (a) !nvestigate human rights violations against children; (b) !nitiate legal action for and in their behalf; (c) (onduct :ail and institution visitation; (d) (onduct advocacy activities; (e) !mplement core programs on children prescribed by the (7'; (f) (onduct capacity-building activities to ensure the recognition and exercise of children1s rights; and (g) )articipate in the practice of inter-agency cooperation that "ill "iden the system and enhance the resources available to the child promotion and protection net"or$ at the regional level PART +VII LOCAL %OCIAL WEL*ARE AND DEVELOP$ENT O**ICER RULE 114. /ppointment of 2ocal &ocial #elfare and 3evelopment 4fficer !n accordance &ection 1* of the /ct, all 2;Bs, particularly at the provincial, city and municipal level, shall appoint a duly licensed social "or$er as its local social "elfare and development officer (2&#34), "ho shall be tas$ed to assist children in conflict "ith the la" RULE 115. 3uties and responsibilities /mong the duties and responsibilities of the 2&#34 under the /ct and these 'ules are: (a) 3etermine the appropriate intervention and prevention programs for the child "ho is exempt from criminal liability, as provided in )art A!! of these 'ules (b) 3evelop, "ith the assistance of the 2()(, the appropriate diversion programs as provided under &ection 23(b) of the /ct; (c) !mmediately proceed to and be present in the initial investigation of the child in conflict "ith the la", after receiving notification from the la" enforcement officer of the initial contact "ith the child, as provided in &ection 22 of the /ct and 'ule 23 (d) /ctively assist in conducting the initial investigation, as provided in 'ule 23 (e) #itness the signing of statement by the child and affix signature to the said statement, as provided in 'ule 23 d

(f) 'eceive physical custody of the child not later than eight (5) hours after apprehension except in cases "here the child is found to be belo" the age of criminal responsibility, as provided under 'ules 22 and 2> (g) 6ncourage the parent or guardian of the child to re,uest for temporary custody of the child to the 3&#3 or licensed and accredited 9;4s in cases "here the child is fifteen (1>) years old and belo" and the safety of the child is in danger in vie" of the alleged commission of the offense !n the event the parent or guardian does not agree to the re,uest for temporary custody of the child, the 2&#34 shall carefully revie" the case of the child and file a petition for involuntary commitment "hen sanctioned by la", in accordance "ith ) 3 *83 and the &( 'ule on (ommitment of (hildren (h) !n the event a child "hose custody is turned over by the la" enforcement officer is fifteen (1>) years old or belo", the 2&#34 shall ta$e all measures to release the child to the parents or guardians, or to any of the persons or organi%ations provided in 'ule 31 b, and proceed "ith the development of appropriate programs as provided under )art A!! of these 'ules (i) 6xplain to the child and the child1s parents0guardians the conse,uences of the child1s act "ith a vie" to"ards counseling and rehabilitation, diversion from the criminal :ustice system, and reparation, if appropriate as re,uired by &ection 21(i) of the /ct and 'ule 2> Lawcenter.ph (:) !n cases "here the child is above fifteen (1>) but belo" eighteen (15) years of age, after the statement of the child is ta$en, conduct an assessment if the child acted "ith discernment as part of the initial investigation, as provided in 'ule 23 e in accordance "ith 'ule 3= /fter conducting an assessment, the 2&#34 shall ma$e the necessary recommendation to the la" enforcement officer on the basis of said assessment ($) (onduct diversion proceedings if the child is above 1> but belo" 15 years of age, acted "ith discernment and allegedly committed an offense that is a victimless crime "ith an imposable penalty of not more than six (*) years of imprisonment, as provided in 'ule 2= 2 and in accordance "ith the procedures under 'ules =>, =@, =5 and =+ (l) /ssist the la" enforcement officer in determining the age of the child, "hen such assistance is re,uested (m)/s provided in 'ule 32, file a petition for involuntary commitment if the child in conflict "ith the la" is found by the 2&#34 to be abandoned, neglected or abused by his0her parents; or the parents do not comply "ith the intervention and prevention programs as determined under )art A!! of these 'ules (n) 6ndeavor to be continuously updated "ith latest trends in conducting psychosocial analyses of children and research on factors affecting the behavior of children in conflict "ith the la" (o) /s provided in 'ule 35, monitor the compliance of the child and the parents, guardian or persons having custody of the child, "ho are undergoing the intervention and prevention programs To determine compliance "ith the program, the 2&#34 shall also conduct periodic visits at the home of the child or at the place "here the custody of the child is given; and meet "ith the authorities of the school that the child attends (p) /ssist the la" enforcement officer "hen the diversion is conducted at the la" enforcement level, as provided in &ection 23(a) of the /ct and 'ule == b (,) 3evelop "ith the 2()(s community-based programs for diversion as provided under 'ule >8 b (r) &upervise the conduct of the diversion program of the child as provided under 'ule >1 !n the event there is failure to comply "ith the terms and conditions of the contract of diversion, the 2&#34 shall certify such fact (s) /s provided in 'ule >1 c , in cases "here the offense committed is a victimless crime, the 2&#34 that conducted the diversion proceedings, upon a finding of failure to comply, may

refer the case of the child to the prosecutor as if there is no consent to the diversion or that diversion is not appropriate and desirable for the child as provided in &ection 2+ of the /ct (t) &upervise and guide the child in conflict "ith the la" "ho is participating in communitybased rehabilitation programs, in coordination "ith the child1s parents or guardian, as provided in 'ule @3 c <ased on the progress of the youth in the community, a final report "ill be for"arded by the local social "elfare and development officer to the court for final disposition of the case (u) )repare the &ocial (ase &tudy 'eport of the child for submission to the rehabilitation or training facility, as provided in 'ule @= c (v) 3evelop and provide after-care support services in accordance "ith the criteria set by the II#( as provided under 'ule 58 ("))rovide appropriate counseling and treatment programs for children exempt from prosecution under 'ule 5+

PART +VIII *INAL PROVI%ION%

RULE 116, Transitory )rovisions The implementation of the Transitory )rovisions of the /ct shall be governed by the ;uidelines To implement the Transitory )rovisions or '/ +3== dated 11 Iuly 288* issued by the II#(

RULE 11 , 'epealing clause /ll other rules and regulations or parts thereof, inconsistent "ith The /ct and the foregoing rules and regulations are repealed, amended or modified accordingly, RULE 11!, &eparability clause !f any of the provisions of these 'ules is declared invalid or unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect

RULE 11( 6ffectivily These 'ules shall ta$e effect fifteen (1>) days from the date of its complete publication in a national ne"spaper of general circulation Lawcenter.ph

?anila, )hilippines, 1> /ugust 288*,