Catanduanes State University

PANGANIBAN CAMPUS
Panganiban, Catanduanes

Topic : Juvenile Justice and Welfare Act 9344

Reporters : Rosie Sta Rosa
Subject. : Foundation of Special and Inclusive Education
Professor : Jennifer A Berces

l. The Juvenile justice and Welfare Law

Republic Act no. 9344 or " The juvenile Justice and Welfare Act"

One bill passed into the law, institutionalized the promotion of well- being of the child
and their family’s involvement of parents and guardians, promotive of diversion, avoiding
deprivation of liberty and protecting rights of the child. R. A. 10630 further emphasized child
sensitive justice policies focused on the best interest of the child.

Here in the Philippines we used "child" instead of juvenile. A child under the age of 18
years old. A child at risk refers to a child who is vulnerable at risk committing criminal offences
because of personal, family, and social circumstances.

Terms used

CICL or child in conflict with the law - child who is alleged as, accused of or adjudged
as, having committed an offence under Philippines laws.

Status offences - under R.A. 10630 only apply to child and not to adults (this are not be
considered as offences and shall be punished if it committed by a child).

Short history

Before the R.A. 9344 was enacted, children at risk and CICL were treated much like adult
offenders as when former President Ferdinand Marcos Sr. signed in to the law the Judiciary
Reorganization Act 1980 abolish the juvenile and domestic relations court.

The bigger role of this R.A. 9344 is to play in the child behavioral development. Likely to
enjoy in resolving problems with CICL.

IV. Treatment of children below the age of criminal responsibility.

 If the child taken to a custody is 15 years old or below, will immediately release the child
to custody of his parents or in the absence thereof to the child's nearest relatives. If they cannot
locate or refuse to take child, the CICL may be released to any of the ff. nongovernmental or
religious organization, baranggay official, LSWD or Department of Social Welfare and
Development (DSWD).

If the LSWDO determines that the child is being abandoned, neglected or abused by his
parents, the best interest of a child requires to place him/ her to youth care facility or " Bahay pag
asa " the parents shall execute a written authorization for the voluntary commitment of the child.
If there's no guardians the DSWD or LSWDO shall file the proper petition for involuntary
commitment. Only at least 12 years old and above can be committed to youth care facility.

* treatment of CICL depending on whether they acted with or without discernment.

15 years old below up to 18 years old who acted without discernment local social worker can
either release or commit to Youth Care Facility. But, above 15 years old but below 18 and acted
with discernment diversion shall be implemented.

C. System of Diversion

In victimless crimes where the impossible penalty is not more than 6 years imprisonment
the LSDO shall develop an appropriate diversion, rehabilitation programmed for both child and
child's guardians. If exceeds 6 years and if no diversion took place child and parent does not
consent to diversion, the case shall be filed according to the regular processes.

E. Discharge of the child in conflict with the law

If child which is under 18 years old and found guilty, the court shall place the CICL under
suspended sentence.

F. Confinement of convicted children in agricultural camps and training facilities

After conviction and upon order of court to serve his or her sentence, a child with conflict
law may in lieu of confinement in a regular penal institution, serve in a agricultural camp and
other training facilities.