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Juvenile Justice and Welfare Act of 2006

 a person under 18 years of age  a minor 15 years and below has no criminal responsibility at all;  above 15 years but below 18 also has no criminal responsibility unless they acted with discernment.

an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings

a series of activities designed to address issues that caused the child to commit an offense.

rehabilitation and reintegration programs.which includes measures to promote social justice an equal opportunity which more often than not is the root cause for the commission of crimes. and Tertiary Intervention – which includes measures to avoid unnecessary contract with the formal justice system and measures to avoid re-offending such as diversion.   . Secondary Intervention – which includes measures to assist children at risk. Primary Intervention .

Right to diversion. cruel or inhuman treatment. if qualified.      Right to be treated with humanity and respect. Right not to be subjected to torture. Right to bail or recognizance. Right to privacy. if qualified. Right to probation. .

Right not to be deprived arbitrarily of his liberty or restricted more than as necessary. Right to maintain contact with his family Right not be imposed the death sentence Right to be free from perjury concealment or misrepresentation .      Right to automatic suspension of sentence. Right to be separated from adult offenders.

Refers to the the apprehension or taking into custody of a child in conflict with the law by law enforcement or private citizens .

the child shall be immediately referred to the appropriate law enforcement officer for the child to undergo the proper investigation. .In the event a CICL is apprehended or taken into custody by private citizens.

EXPLAIN to the child why he is taken into custody. subjecting the child to restraint than is necessary. display of instruments of force. IDENTIFY himself. and his rights earlier enumerated. the law enforcement officer shall: 1. use of violence or unnecessary force. The following should be avoided: use of vulgar language.From the moment the child is taken into custody. . the offense committed. 2.

and the PAO. school records or other pertinent documents. etc. not later than 8 hours from the time the child is taken into custody. 4.3. TURN OVER the child to the local/DSWD social worker within 8 hours after he is taken into custody . 6. or by interviewing the child or persons who have knowledge. local or DSWD social worker. TAKE the child to a medical officer for a physical and mental examination. NOTIFY the parents/guardians. Immediately DETERMINES the age of the child by securing his birth/baptismal certificate. 5. by physical appearance.

It is the stage after initial contact when the law enforcement officer takes the statement of the CICL. .

3. in a language that the child understands in a friendly and non-intimidating manner in a separate room or place where the child is comfortable 4. 2. . privacy must be observed at all times.The law enforcement officer shall make the initial investigation by taking the statement of the child: 1.

and c. b. religious group or member of the BCPC. Statement shall be signed by the child. witnessed by all those present . guardians or nearest relative. the child’s lawyer or the PAO lawyer. representative of an NGO. the social worker. child’s parents.The statement shall be taken in the presence of: a.

that parents/guardians. c. b.a. whether handcuffs or instruments of restraint were used. details of physical and medical examination or failure to do so . the reason therefore. social worker and PAO have been notified of apprehension and details thereof. if so. exhaustion of measures in determining the age of the child.

DETERMINATION OF DISCERNMENTwhere the child is above 15 but below 18 years old . the CICL is turned over to the local/DSWD social worker for: a.Thereafter. INTERVENTION – where the child is 15 years old or below b.

. where the child is 15 and below in which case the social worker shall immediately turn over the child to his parents/guardians and the appropriate intervention is determined in consultation with the child and the parents/guardians.

(3) Local social worker. to the DSWD . and (4) in the absence of the enumeration. (2) Member of a Barangay Council for the Protection of Children (BCPC). the child may be released to a (1) Registered Non-Governmental or Religious organization.If parents/guardians could not be located.

1. Needs of the child Family and social background of the child Influence of the family and environment on the child's growth . 2. 3. 4. Personal circumstances of the child.

Best interest of the child . Ability and willingness of parents to guide and supervise 6. 7. Nature and circumstances of the offense charged Availability of community based programs for intervention 8.5.

DISCERNMENT .where the child is over 15 but below 18 who acted:  without discernment – for intervention with discernment – for diversion provided the imposable penalty for crime committed is not more than 6 years  .

nature and circumstances of the offense charged 2. personal circumstances of the child 4. frequency or severity of the act 3.1. influence of family and environment on the child .

5. weight of evidence against the child 8. best interest of the child . safety of community 7. reparation of injury to victim 6.

c. attitude. conduct and behavior of the child .a. Facts and circumstances of the case. and Appearance. Educational level and performance of the child. b.

Diversion may be conducted at thea. Police Investigation by the law enforcer/police . Katarungan Pambarangay by the Punong Barangay b.

where imposable penalty is more than 6 but does not exceed 12 years. d.c. diversion may be conducted only at the court level by the judge. Inquest or Preliminary Investigation where imposable penalty for the crime is not more than 6 years by the prosecutor. Otherwise. .

a. c. . b. take the personal circumstances of the child including that of his parents and family. Ask the child the circumstances which led him to the commission of the offense. explain to the parties the objectives and value of diversion and consequences of not undergoing diversion. his motives or purpose .

is remorseful and will take on the responsibility of repairing the harm done. Ensure that the child understands and realizes his accountability.d. make the child understand the consequences of his act and his corresponding responsibilities therefor. e. .

Ability of parents or legal guardians to guide and supervise. Feelings of remorse 2. and 4. 3. Availability of community based programs for rehabilitation and reintegration of the child .1. Victim’s view about the propriety of the measure to be imposed .

guidance and supervision orders . c.1. b. PUNONG BARANGAY LEVEL a. Restitution of property Reparation of damage caused Indemnification for consequential damages Written or oral apology Care. e. d.

seminars and lectures on     anger management values formation problem solving skills that will aid the child in dealing with the situation which can lead to repetition g. vocation and life skills program . PUNONG BARANGAY LEVEL f. Training. Participation in community based program.1. education.

DPs specified under (1)(a) to (1) (g). LAW ENFORCER AND PROSECUTOR a.2. and b. Confiscation and forfeiture of the instruments of the crime .

COURT LEVEL a. institutional care and custody .3. b. written or oral reprimand or citation c. DPs specified under (1)(a) to (1) (g). fine d. payment of cost of proceedings or e.

45-day period has lapsed without reaching an agreement. 2. Diversion is found to be inappropriate. 4. Contract of Diversion has been entered into. Child/parents or guardians does not consent to diversion.1. 3. .

Note: “Sec.” . 26 of RA 9344 provide “x x x The diversion program shall be effective and binding if accepted by the parties concerned. The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities.

shall still endeavour to arrive at an agreement to a diversion program. . before proceeding to preliminary investigation. the law enforcer shall refer the case to the prosecutor who. When diversion is deemed terminated as earlier mentioned or that the CICL is over 15 and under 18 years old who acted with discernment and the imposable penalty for the offense is more than 6 years.

deprivation of or unnecessary restrictions on liberty. if any. . It shall be the duty of the prosecutor to notify the PAO and ensure that the child’s rights have been protected such that it is incumbent upon him to investigate allegations of torture.

 Should there be a determination of probable cause. . an information shall be filed before the Family Court within 45 days from the start of the preliminary investigation.

it shall determine whether or not diversion is appropriate provided that the imposable penalty on the offense charged is more than 6 but not more than 12 years imprisonment. When the case reaches the court. .

detention may be replaced by alternative measures such as close supervision. the court may release children in detention on bail or recognizance. local rehab center recognized by government. Pending trial. The child may be committed to the care of the DSWD. In all other cases. . educational setting or home. intensive care or placement with a family.

the court may.  . sentence shall be automatically suspended. place the child on PROBATION in lieu of service. For convicted and sentenced CICL. Once a child under 18 years at the time of the commission of the offense is found guilty. upon application.

(b) youth detention center. Should community based rehabilitation be inappropriate. . the court may order the commitment of the child to a : (a) rehabilitation center.

approaches and strategies that would change or modify the negative behaviour of the child into a positive one enabling him to improve on his social functioning leading to his reintegration to his family and the community. or (d) other training facilities that will provide the child with interventions. .(c) agricultural camp.

Minimize stigma on the child . and d. Facilitate rehabilitation and mainstreaming of the child. Prevent separation from the family.a. Prevent disruption of the education or means of livelihood of the child. b. c.

A. Those 15 years old and below at the commission of the offense- i) with pending case but released on bail or recognizance .case shall be dismissed and the child referred to the social worker who will conduct an assessment whether to release the child to the custody of the parents/guardians or refer the child to prevention programs .

Any interested party may file a petition for habeas corpus. neglected or shall be dismissed upon motion and child referred to social worker on the propriety of releasing the child to his parents/guardians. If cannot be located and the child is abandoned. iii) convicted and serving sentence . .ii) with pending case and under detention or suspended sentence . a petition of involuntary commitment shall be filed by the social worker.

) with pending case but released on bail or recognizance Trial may proceed to prove discernment .B. Those above 15 but below 18 at the commission of the offensei. . ii) under suspended sentence Child to continue with rehabilitation program.

Upon application.iii) Convicted and serving sentence CICL shall be entitled to appropriate disposition under the Act and the sentence adjusted accordingly. RA 9344) . (Section 42. the court may grant probation to the child in lieu of imprisonment for the remaining sentence . If qualified. child shall be immediately released under the Act or applicable law.