You are on page 1of 31

RA 9344

Juvenile Justice
and Welfare Act of
2006

Definition CICL
CHILD IN CONFLICT WITH THE LAW
- refers to child who is alleged as,
accused of, or adjudged as, having
committed an offense under
Philippine laws.

Definition of Terms:
Child a person under the age of 18 years
Child at Risk a child who is vulnerable to and the
risk of committing criminal offense because of
personal, family and social circumstances.
Intervention series of activities which are
designed to address issues that caused the child to
commit an offense.
Status offenses offenses which discriminate only
against a child, while an adult does not suffer any
penalty for committing similar acts (i.e. curfew
violations, truancy, parental disobedience and the
like)

Definition of Terms:
Best Interest of the Child totality of the circumstances
and conditions which are most congenial to the survival,
protection and feelings of security of the child and most
encouraging to the childs physical psychological and
emotional development. It also means the least
detrimental available alternative for safeguarding the
growth and development of the child.
Bahay Pag-asa a 24-hour child-caring institutions
established funded and managed by LGUs and licensed
and/or accredited NGOs providing short term residential
care for CICL who are above 15 but below 18 years of age
who are awaiting court disposition of their cases or
transfer to other agencies or jurisdictions.

Definition of Terms:
Voluntarily Committed Child a person whose
parents knowingly and willingly relinquished parental
authority to the DSWD or any duly licensed childplacement or child-caring agency or individual.
Involuntary Committed Child a person whose
parents, have been permanently and judicially
deprived of parental authority due to abandonment;
substantial, continuous or repeated neglect, abuse or
incompetence to discharge parental responsibility.

Sec. 6 - Minimum age of criminal


responsibility
A child 15 years of age or under at the
time of the commission of the offense
shall be exempt from criminal liability.
However, the child shall be subjected
to an intervention program pursuant
to Section 20 of this Act.

Sec. 6 - Minimum age of criminal


responsibility
A child is deemed to 15 years of age
on the day of the fifteenth
anniversary of his/her birthdate.

Sec. 6 - Minimum age of criminal


responsibility
A child above 15 years but below 18
years of age shall likewise be exempt
from criminal liability and be subjected
to an intervention program, unless
he/she has acted with discernment, in
which case, such child shall be
subjected to the appropriate
proceedings in accordance with this Act.

Sec. 6 - Minimum age of criminal


responsibility
The exemption from criminal liability
herein established does not include
exemption from civil liability, which
shall be enforced in accordance with
existing laws.
(As amended by RA 10630, approved
Oct. 3, 2013)

Sec. 7 Determination of Age


Presumption of Minority
Ways of determining Age:
1. Birth certificate
2. Baptismal certificate any other
pertinent documents
3. Information from the child himself,
testimonies of other persons, physical
appearance of the child and other
relevant evidence

Sec. 7 Determination of Age


In case of doubt as to the age of the child,
it shall be resolved in his favor.
Any person contesting the age of the CICL
prior to the filing of the information in any
appropriate court may file a case in
summary proceedings for the
determination of age before the Family
Court which shall decide the decide the
case within 24 hours from receipt of
appropriate pleadings of interested parties.

Sec. 7 Determination of Age


If in case has been filed against the
CICL and is pending in the appropriate
court, the person shall file a motion to
determine the age of the child in the
same court where the case is pending.
Pending hearing on the said motion,
proceedings on the main case shall be
suspended.

Sec. 7 Determination of Age


In all proceedings, law

enforcement officers,
prosecutors, judges and other
governmental officials concerned
shall exert all efforts at
determining the age of the CICL.

CICL Flow Chart


15 years old or below
Above 15 but below 18
(WITHOUT discernment)

Follow Sec. 20
(Children below the
Age of Criminal
Responsibility)

Above 15 but below


18 (WITH
discernment)

Follow Sec. 23
(System of Diversion)

Title IV Treatment of Children


Below the Age of Criminal
Responsibility
Sec. 20 Children below the Age of Criminal Responsibility
Sec. 20-A Serious Crimes Committed by the Children who are
Exempt from Criminal Liability
Sec. 20-B Repetition of Offenses
Sec. 20-C Exploitation of the Children for Commission of
Crimes
Sec. 20-D Joint Parental Responsibility
Sec. 20-E Assistance to Victims of Offenses committed by
Children

Sec. 20 Children below the Age of


Criminal Responsibility
15 years old or below
- immediately release to the custody
of his parents/guardians, childs nearest
relative
- community based intervention
program
- youth care facility or Bahay Pagasa

Sec. 20 Children below the Age of


Criminal Responsibility
If parents/nearest relatives cannot be located
or if refused to take custody:
1. A duly registered NGO or religious organization

2. A barangay official or a member of the


Barangay Council for the Protection of
Children
3. A local social welfare and development
officer or DSWD

Sec. 20 Children below the Age of


Criminal Responsibility
Dependent, Abandoned, Neglected or
Abused child
1. Best interest of the child requires he be
placed in a Bahay Pag-asa through:
- written authorization for voluntary commitment of
the child
- petition for involuntary commitment of the child by
the DSWD or LSWDO to the court if the child has no
parents or guardians or if they refuse or fail to execute
the written authorization for voluntary commitment

Sec. 20 Children below the Age of


Criminal Responsibility
Minimum Age for Children
committed to a youth care facility or
Bahay Pag-asa shall be 12 years old.

Sec. 20-A Serious Crimes Committed by the Children


who are Exempt from Criminal Liability

Above 12 years of age up to 15 years old


- parricide
- murder
- infanticide
- kidnapping & serious illegal detention where the victim is killed or raped
- robbery w/ homicide or rape
- destructive arson
- rape
- carnapping where the driver/occupant is killed or raped
- offenses under RA 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable
by more than 12 years of imprisonment

shall be deemed a NEGLECTED CHILD and shall be


mandatorily placed in the INTENSIVE JUVENILE
INTERVENTION AND SUPPORT CENTER (IJISC)

Sec. 20-A Serious Crimes Committed by the Children


who are Exempt from Criminal Liability

Petition for Involuntary Commitment and


placement under the IJISC shall be filed by:
1. Local social development officer of the LGU where
the offense was committed
2. DSWD social worker

Within 24 hours from the receipt of the


report on the alleged commission of the said
child. The court shall decide within 72
hours from the filing of petition.

Sec. 20-A Serious Crimes Committed by the Children


who are Exempt from Criminal Liability

The court shall determine initial period of


placement of the child within the IJISC
which shall NOT be less than 1 year.
The multi-disciplinary team of the IJISC
shall submit to the court:
1. case study and progress report, to include
psychiatric evaluation report
2. recommend the reintegration of the child to
his family or extension of his stay in IJISC

Sec. 20-A Serious Crimes Committed by the Children


who are Exempt from Criminal Liability

The court will decide:


1. the child has successfully completed the
center-based intervention program and is
already prepared to be reintegrated with his
family
2. need for the continuation of the centerbased rehabilitation

Sec. 20-B Repetition of Offenses


A child who is above 12 years of age up to
15 years of age who commits an offense for
the second time or oftener:
1. Previously subjected to a community-based
intervention program shall be deemed a neglected
child and shall undergo an intensive intervention
program
2. If the best interest of the child requires he be
placed in a Bahay Pag-asa
- voluntary commitment
- involuntary commitment

Sec. 20-C Exploitation of the Children for


Commission of Crimes
Any person who, in the commission of the
crime, makes use, takes advantage of, or
profits from the use of children, including
any person who abuses his authority over
the child or who, with abuse of confidence,
takes advantage of the vulnerabilities of
the child shall induce , threaten or
instigate the commission of the crime, shall
be imposed upon the penalty prescribed by
law for the crime committed in its
MAXIMUM period.

Sec. 20-D Joint Parental Responsibility

Parents of the CICL shall undergo counseling or any


other intervention.
Parents shall mean:
1. Biological parents
2. Adoptive parents
3. Individuals who have custody of the child

General Rule: Parents are liable for the damages


Exception: Prove that they were exercising reasonable
supervision over the child at the time the child
committed the offense and exerted reasonable effort and
diligence to prevent or discourage the child from
committing another offense.

Sec. 20-E Assistance to Victims of Offenses


committed by Children
Victims shall be provided the appropriate
assistance and psychological intervention
by the LSWDO, the DSWD and other
concerned agencies.

Sec. 57 Status Offenses


Any conduct NOT considered an offense
or NOT penalized if committed by an adult
shall not be considered an offense and
shall not be punished if committed by a
child.

Sec. 57-A Violation of Local


Ordinances
Ordinances enacted by the local

governments concerning juvenile status


offenses (i.e. curfew violations, truancy,
parental disobedience, anti-smoking/drinking
laws) as well as light offenses and
misdemeanors against public order or safety
(disorderly conduct, public scandal, public
intoxication, vandalism, gambling, littering,
public urination, trespassing etc.) shall be for
the protection of the children.

Sec. 57-A Violation of Local


Ordinances
NO PENALTY shall be imposed
Child be brought to their residence or any barangay
official to be released to the custody of the parents
Child shall be considered CHILD AT RISK and NOT
a CICL
Child shall undergo appropriate intervention
programs, counseling or attendance to group
activities
Parents shall attend parenting education seminars

Sec. 58 Offenses NOT applicable to


Children
Person below 18 years of age shall be EXEMPT from
prosecution for the crime of:
1. Vagrancy and prostitution (Sec. 202 of the RPC)
2. Mendicancy (PD 1563)
3. Sniffing of Rugby (PD 1619)

Why?
- Because such prosecution being inconsistent with UN
Convention on the Rights of the Child
PROVIDED that said persons shall undergo appropriate
counseling and treatment program.