Juvenile Justice and Welfare Act (R.A.
Proof of Age
9344, as amended)
a. Scope
It shall cover the different stages
involving children at risk and children in
conflict with the law from prevention to
rehabilitation and reintegration. [Sec. 1,
R.A. 9344]
Definition of Terms
1. Child - refers to a person under the
age of eighteen (18) years. [Sec. 4(c),
R.A. 9344]
2. Children at risk, definition - Refers to
a child vulnerable to and at the risk of
committing criminal offenses because of
personal, family and social
circumstances, such as, but not limited to
(a) economic/sexual exploitation, (b)
truancy, Page 105 of 286 (c) abandoned/
neglected, or (e) abuse. [Sec. 4(d), R.A.
9344]
3. Child in Conflict with the Law (CICL)
- Refers to a child who is alleged as,
accused of, or adjudged as, having
committed an offense under Philippine
laws. [Sec. 4(e), R.A. 9344]
Determination of Age [Sec. 7, R.A.
9344]
Presumption of Minority: There is a
presumption of minority. S/he shall enjoy
all the rights of a child in conflict with the
law until s/he is proven to be 18 years old
or older.
all doubts should be resolved in favor of
the accused, it being more beneficial to
the latter. In fact, in several cases, this
Court has appreciated this circumstance
on the basis of a lone declaration of the
accused regarding his age. [People v.
Sarcia,
The age of the child shall be determined
according to the rules established by
Section7 of R.A. 9344:
1. Best evidence is an original or certified
true copy of certificate of live birth
2. In its absence, similar authentic
documents such as baptismal certificates
and school records showing the date of
birth may be used
3. In the absence of documents under 1
and 2 due to loss, destruction or
unavailability, the testimony of the child, a
member of the family related by affinity or
consanguinity, of other persons, the
physical appearance of the child, or other
relevant evidence shall suffice.
The person alleging the age of the child
in conflict with the law has the burden to
prove such age. In all cases involving a
child, the court shall make a categorical
finding as to the age of the child. [Sec. 7,
R.A. 9344]
b. Intervention Program
Intervention
Refers to a series of activities which are
designed to address issues that caused
the child to commit an offense. It may
take the form of an individualized
treatment program which may include
counseling, skills training, education, and
other activities that will enhance his/her
psychological, emotional and psycho-
social well-being. [Sec. 4(l), R.A. 9344]
Community-based Programs on
Juvenile Justice and Welfare

 Community-based programs on juvenile 1. Immediately release the child to

justice and welfare shall be instituted by the custody
the LGUs through the LCPC, school, of his/her parents or guardian, or
youth organizations and other concerned in the absence thereof, the child’s
agencies. nearest relative.

The LGUs shall provide community– Exception: If the parents, guardians or

based services which respond to the nearest relatives cannot be located, or if
special needs, problems, interests and they refuse to take custody, the child may
concerns of children and which offer be released to a:
appropriate counselling and guidance to
them and their families. i. Duly registered
nongovernmental or
These programs shall consist of three religious organization;
levels:
ii. Ba ra n g a y o ffi ci a l o r a
1. Primary intervention - includes
member of Barangay
general measures to promote
Council for the Protection of
social justice and equal
Children (BCPC); or
opportunity, which tackle perceived
root causes of offending;
iii. Local social welfare and
development officer; or
when and where
2. Secondary intervention -
appropriate, the DSWD.
includes measures to assist
children at risk; and
In such case, authorities shall give
notice to the local social welfare
3. Tertiary intervention - includes
and development officer who will
measures to avoid unnecessary
determine the appropriate
contact with the formal justice
programs in consultation with the
system and other measures to
child and to the person having
prevent re-offending. [Sec. 19,
custody over the child.
R.A. 9344]

2. If the child referred to herein has

When Applied
been found by the Local Social
If it has been determined that the child Welfare and Development Office
taken into custody is fifteen (15) years old (LSWD) to be abandoned,
or below [Sec. 20, R.A. 9344]. neglected or abused by his
parents, or in the event that the
Duty of Authorities [Sec. 20, R.A. 9344] parents will not comply with the
prevention program, the proper
petition for involuntary commitment
The authority which will have an initial shall be filed by the DSWD or the
contact with the child has the duty to:


















 LSWD pursuant to P.D. 603 (The • The child and his/her family shall be
Child and Youth Welfare Code). present in these activities.

c. Diversion 2. In victimless crimes where the

imposable penalty is not more
Diversion Program than six (6) years imprisonment
- the local social welfare and
Program that the child in conflict with the development officer shall meet
law is required to undergo after he/she is with the child and his/her parents
found responsible for an offense, without or guardians for the development
resorting to formal court proceedings. of the appropriate diversion and
[Sec. 4(j), R.A. 9344] rehabilitation program, in
coordination with the BCPC;
When Applied If the child is over fifteen
(15) years old but below eighteen (18)
years old and the child acted with 3. Where the imposable penalty for
discernment [REYES, Book 1]. the crime committed exceeds
six (6) years imprisonment -
System of Diversion [Sec. 23, R.A. diversion measures may be
9344] Children in conflict with law shall resorted to only by the court.
undergo diversion programs without
undergoing court proceedings subject to
the conditions herein provided:
When There is No Diversion [Secs 27
1. Where the imposable penalty for the and 28, R.A. 9344]
crime committed is not more than six There is no diversion in the following
(6) years imprisonment cases:

• The law enforcement officer or 1. If the offense does not fall under
P u n o n g B a r a n g a y, w i t h t h e Sec. 23 (a) and (b)
assistance of the local social
welfare and development officer or • Sec. 23 (a) – where the
other members of the LCPC, shall imposable penalty is not
conduct mediation, family more than 6 years
conferencing and conciliation imprisonment

• Where appropriate, indigenous • Sec. 23 (b) in victimless

modes of conflict resolution are
adopted in accordance with the
best interest of the child with a
view to accomplishing the
objectives of restorative justice
and the formulation of a diversion
program.
crimes where the imposable
penalty is not more than 6
years imprisonment
2. If the child, his/her parents or
guardian does not consent to a
diversion













 In the above cases, the following
procedures shall apply:
1. The Punong Barangay handling
the case
shall forward the records of the
case to the proper authorities
within 3 days, whereupon the case
shall be filed according to the
regular process.
2. The Law Enforcement officers and
judicial officers to determine
whether or not the child should
remain under custody and
correspondingly charged in court.
Return of the Child in Conflict with the
Law to Court [Sec. 40, R.A. 9344]
In the following cases, the child in conflict
with the law shall be brought before the
court for execution of judgment:
1. If the court finds that the objective
of the disposition measures
imposed upon the CICL have not
been fulfilled; or
2. If the CICL has willfully failed to
comply with the conditions of his/
her disposition or rehabilitation
program.
Rules as to First-Time Minor
Offenders:
If the minor first-time offender
complies with the imposed rules,
regulation, and conditions of
suspended sentence - the Court upon
favorable recommendation from the
Board, shall discharge the accused and
dismiss all proceedings. [Sec. 67, R.A.
9165]
• The court will expunge all official
records, except confidential
records retained by the DOJ; such
orders shall be confidential and will
restore the accused to his prior
status before the case.
• Accused will not be held in perjury/
concealment/misrepresentation in
failing to acknowledge the case or
its facts in any inquiry for any
purpose.
If the minor first-time offender violates
the rules, regulations, or conditions of
conviction and he/she shall serve
sentence as any other convicted person.
[Sec. 69, RA 9165]
3. In lieu of imprisonment, the court in
its discretion may place the accused
under: a. Probation – even if the
sentence
provided under RA 9165 is higher than
that provided under existing law on
probation
b. Community Service [Sec. 70, RA
9165]
Confidentiality of Records
The DOJ shall keep a confidential record
of the proceedings on suspension of
sentence and shall not be used for any
purpose other thanto determine whether
or not a person accused under this Act is
 a first-time minor offender [Sec. 71, RA
9164] .

Limited Applicability of the RPC [Sec.

98,

R.A. 9165]
Notwithstanding any law, rule or
regulation to the contrary, the provisions
of the RPC shall not apply to the
provisions of this Act, except in the case
of minor offenders. Where the offender is
a minor, the penalty for acts punishable
by life imprisonment to death provided
herein shall be reclusion perpetua to
death.