Juvenile Justice Welfare System

STEP 1: Initial Contact

1. Explain why he/she is placed under custody.

2. Inform the child the reason for such custody. Advise of rights.
3. Properly identify himself.
4. Refrain from using vulgar or profane words, sexually harassing, abusing or making sexual
advances.
5. Avoid using firearms, weapons…. Unless absolutely necessary.
6. Refrain from subjecting to greater restraint than necessary.
7. Avoid violence/unnecessary force
8. DETERMINE AGE *will provide next step for authorities.
9. Turn over custody immediately but not later than 8 hours to Social Welfare
Development Office or other accredited NGO’s and notify of the child’s apprehension.
The social welfare and development officer shall explain to the child and
parents/guardians consequences…
10. Physical/mental examination.
11. If detention is necessary, separate from opposite sex and adults.
12. Record: Use of restraint, parents/guardians, DSWD, PAO duly informed of apprehension.
13. Exhaustion to determine age of the child and details of physical/mental exam
14. Ensure all statements signed was witnessed by parents, guardian, social worker, legal
counsel

*During initial investigation, taking of the statement must be witnessed by parents…, legal
counsel or PAO, local social welfare and development officer (absence of parents.. : NGO,
Religious group, BCPC

AFTER INITIAL INVESTIGATION AUTHORITY MUST DETERMINE WHETHER

1. 15 years below and 15 -18 years without discernment subject to Sec. 20 (p. 288)
2. 15-18 years with discernment DIVERSION

DIVERSION *simplified

Conditions (Formulation of diversion program)

a. Not more than 6 years – law enforcement officer, Punong barangay, LSWDO, LCPC
(mediation, family conferencing, conciliation, conflict resolution) formulation of
diversion program
b. Victimless crimes not more than 6 years – LSWDO in coordination with BCPC.
c. More than 6 years – court

Contract of diversion – binding if accepted in writing signed by the parties concerned. LSWDO
shall supervise implementation. Diversion proceedings completed within 45 days.

*Child must present himself one a month to authorities that imposed diversion program
*Failure to comply = offended party option to institute appropriate legal action

THE PERIOD OF PRESCRIPTION OF THE OFFENSE SHALL BE SUSPENDED….. NOT EXCEEDING 2 YRS
(STILL DON’T GET THIS)

Duty of Punong Barangay when there is no diversion

> Forward within 3 days of determining absence of jurisdiction or termination of diversion

proceedings the records of the case to a law enforcement officer, prosecutor or appropriate
court (case filed according to regular process)

Duty of law enforcement officer when there is no diversion

 Women and Children Protection Desk of PNP or any law enforcement officer shall
forward within 3 days of determining absence of jurisdiction or termination of diversion
proceedings the records of the case to the prosecutor, judge concerned or appropriate
court to determine whether the child should remain under custody and correspondingly
charged in court. Document transmitting said record must display CHILD

Why no diversion?
a. Does not fall under Sec 23 a or b. (less than 6 years & victimless crimes less than 6 years)
b. No agreement has been made by parties

PROSECUTION *simplified

Duty of prosecutor’s office: conduct inquest and preliminary investigation.

Circumstances

a. Child does not qualify for diversion

b. Child or parents/guardians don’t agree
c. Diversion is not appropriate for the child as recommended by social worker

PROCESS

a. Serving of subpoena and affidavit of complaint (prosecutor notifies PAO or service,

information and place of detention of child.
b. Upon determination of probable cause, information is filed before the Family Court
within 45 days from start of investigation.

COURT PROCEEDING *simplified (child is detained as per sec (a) of prosecution

Release on recognizance

a. Release upon recognizance of parents/other suitable persons

b. Release on bail
c. Transfer to a youth detention camp
*Court shall not order detention of the child pending trial in jail. So where will the child be
detained??? Detention may be replaced by:

a. Close supervision
b. Intensive care
c. Placement with family in educational setting
d. INSTITUTION OR DETENTION PENDING TRIAL SHALL BE USED ONLY AS A LAST RESORT
ANS FOR THE SHORTEST POSSIBLE PERIOF OF TIME (whenever necessary child will be
detained in youth detention homes established by local governments or in the absence
thereof the DSWD or local rehabilitation center)

*Section 37: Where the maximum penalty imposed by law for the offense of the child in conflict
with the law is imprisonment of not more than 12 years regardless of the fine and of the
amount and before arraignment, court shall determine whether or not diversion is appropriate.

*Section 38: Child under 18 found guilty = Ascertainment of civil liability and automatic
suspension of sentence provided that the suspension shall still be applied even if the juvenile is
already 18 years of age or more on the time of pronouncement of his guilt.

Upon suspension, court shall impose appropriate disposition as provided by the SC Rule on
Juveniles in Conflict with the Law

*Section 39: Discharge upon recommendation of the social worker. Court shall dismiss the case
and order final discharge of the child if it finds that the objective of disposition measures has
been fulfilled. (will not affect civil liability)

*Section 40: Failure to comply = return to court for execution of judgement

If the child has reached 18 years of age under suspension the courts must determine whether

a. Discharge
b. Execute sentence
c. Suspend until a certain period or until 21

*Section 41: Full time spent in actual commitment and detention shall be credited in the
services of his sentence

*Section 42: Probation in lieu of service taking into account the “best interest” of the child