Salient Features of

the Juvenile Justice

Welfare Act
(R.A. 9344
as amended by
R.A. 10630)
By:
Debbie G. Dulay-Del Val
Public Attorney, Baguio City

OVERVIEW
Brief History and Background of the
Law
Conceptual Framework of the Law
Salient Features of R.A. 9344 as
amended by R.A. 10630
Role of Barangay Council for
Protection of Children (BCPCs)

Philippine Laws on Youthful

Offenders prior to R.A.
9344, as amended
National Laws protecting the Rights
of Youthful Offenders were limited.
a)Revised Penal Code
b)P.D. 603

Revised Penal Code

It was enacted in 1932
Adult-oriented / Distinct
circumstances of a CICL are not
taken into account / No Diversion /
Stigma of Criminality / No provision
for aftercare / Punishes Status
Offenses
Children as young as 9 yrs. old can
be incarcerated inside the jail

P.D. 603
The Child and Youth Welfare Code
enacted on Dec. 10, 1974
It spelled out special procedures in
handling youthful offenders (Art.
189-204)
E.g. recognizance, suspension of
sentence, rehabilitation in RRCY, etc.

P.D. 603
Recognition of the role of the Five
Pillars of Justice (Community, Law

Enforcement, Prosecution Service, Courts,

Correctional Institution) in a collective

effort to rehabilitate youthful offenders

and dispense justice
Establishment of BCPCs
Studies showed a gap in the
implementation of the law by the Five
Pillars of Justice

Result
Continued violations of child rights
were easily observed at the time of
arrest and incarceration of a CICL.
Formal education of child offenders who
were enrolled at the time of arrest was
disrupted.
At the same time they also learn vices
such as smoking, gambling, drinking
and substance abuse from them.

UN Convention on the
Rights of the Child
Adopted by different nations on
November 1989
Philippines became a signatory in
1990
It defines a child as any human
being below 18 years old

UN Convention on the
Rights of the Child
The Convention establishes in international law that:
Signatory Nations must ensure that all children
without discrimination in any formbenefit from:
Special protection measures and assistance
Have access to services such as education and health
care
Can develop their personalities, abilities and talents to
the fullest potential
Grow up in an environment of happiness, love and
understanding
Are informed about and participate in, achieving their
rights in an accessible and active manner.

Art. 40 of UN Convention on
the Rights of the Child
Right of CICL to legal help and fair
treatment in a justice system that
respects their rights
To set a minimum age below which
children cannot be held criminally
responsible
To provide the minimum guarantees
for the fairness and quick
resolution of judicial or alternative
proceedings

What does the Convention

mean for the Philippines?
By accepting the Convention, the
Philippines committed itself to
undertake all appropriate
measures to ensure that the
child is protected against all
forms of discrimination or
punishment

What does the Convention

mean for the Philippines?
the country was entrusted with the
mission to undertake all
appropriate legislative,
administrative, and other
measures for the implementation
of the rights recognized in the
Convention.

Philippine Response
June 17, 1992 (2 yrs. From UN
Convention) enactment of R.A. 7610
(Law on Special Protection of Children
Against Abuse, Exploitation and
Discrimination Act)
April 28, 2006 (16 yrs. From UN
Convention) enactment of R.A. 9344
(Juvenile Justice Welfare Act) which
became effective on May 20, 2006

What was
happening to
youthful offenders
BEFORE R.A. 9344?

Two Kids, aged 9

and 10, arrested
allegedly for
Theft, are jailed in
this small cell with
18 other child
detainees and
16 adult
prisoners.
(Photo: PREDA)

What was
happening to
youthful offenders
BEFORE R.A. 9344?

Rosie, aged 5
years old, found
wandering alone
in the streets of
Cebu, arrested
allegedly for
Vagrancy, was
jailed in this small
cell together with
adult prisoners.
(Photo: PREDA)

What was
happening to
youthful offenders
BEFORE R.A. 9344?
A childs depiction of his
arrest by law enforcers.
When dealing with children,
the Police Handbook states
that, on arrest, children
should be taken by the
hands rather than dragged
or collared.
Despite these provisions,
many child suspects are
handcuffed upon arrest and
during transfer.
There also continue to be
persistent reports of torture
or ill-treatment including
punches, slaps, blows on the
soles of the feet, being
grabbed around the neck,
etc.

Conceptual Framework of
R.A. 9344
Principle of Restorative Justice
Includes Diversion

Best Interest of the Child

Restorative Justice
Enhancement of public safety by
activating the offender, the victim
and the community in prevention
strategies.
It is one that presumes that children
in conflict with the law are
themselves victims.

Diversion
The various processes by which child
offenders are prevented from
entering the formal criminal justice
system.
A typical component of the
restorative approach

R.A. 9344
Juvenile Justice Welfare Act of
2006
It became effective on May 20, 2006
Its Implementing Rules and
Regulations (IRR) were enacted on
September 19, 2006

Who are covered under R.A.

9344?
Children in Conflict with the Law
(CICL)
children who are alleged, accused of or
adjudged of or adjudged as having
committed an offense under Phil. Laws

Children-At-Risk
refers to children who are vulnerable to
and at the risk of committing criminal
offenses because of personal, family and
social circumstances

What is the Minimum Age of

Criminal Responsibility?
Children above 15 years of age
but below 18 years of age who
acted WITH DISCERNMENT
Increased from above 9 years old to
above 15 years old (as under the
Revised Penal Code)

What is Discernment?
The mental capacity of a child to
understand the difference between
what is right or wrong and the
consequences of his acts
Discernment relates to the moral
significance that the person attaches
to the act

Who is a Child Exempted

from Criminal Responsibility?
1. A child fifteen (15) years of age
or under at the time of the
commission of the offense shall be
exempt from criminal liability.
A child is deemed to be fifteen (15) years
of age on the day of the fifteenth
anniversary of his/her birthdate.
The child shall be subjected to an
intervention program. (mandatory)

Who is a Child Exempted

from Criminal Responsibility?
2. A child above fifteen (15) years but
below eighteen (18) years of age
who acted WITHOUT DISCERNMENT.
The child shall be subjected to an
intervention program. (mandatory)

Who is a Child Exempted from

Criminal Responsibility?
Those who commit 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.
E.g. vagrancy, prostitution, sniffing
of rugby

Violation of Local
Ordinances
Ordinances enacted by local governments concerning
juvenile status offenses such as, but not limited to:
curfew violations / truancy / parental disobedience /
anti-smoking and anti-drinking laws /
light offenses and misdemeanors against public order
or safety such as, but not limited to, disorderly
conduct / public scandal / harassment / drunkenness /
public intoxication / criminal nuisance / vandalism
/gambling / mendicancy / littering / public urination /
and trespassing,
Shall be for the protection of children.

Violation of Local
Ordinances
No penalty shall be imposed on
children for said violations.
They shall instead be brought to
their residence or to any barangay
official at the barangay hall to be
released to the custody of their
parents.

Violation of Local
Ordinances
Appropriate intervention programs shall
be provided for in such ordinances.
The child shall also be recorded as a child
at risk and not as a child in conflict
with the law.
The ordinance shall also provide for
intervention programs, such as counseling,
attendance in group activities for children,
and for the parents, attendance in parenting
education seminars.

Are They Exempted Also

from Civil Liability?
NO.
The exemption from criminal liability
herein established does not include
exemption from civil liability,
which shall be enforced in
accordance with existing laws.
To be paid by their parents or
guardian/s.

Procedure for Taking into

Custody a Child Exempted
from Criminal Liability
Authority in Initial
Contact with Child 15
yrs. old and below

Consult/Inform/Report
to LSWD Officer

Community-Based
Intervention Program
for Child by LSWD
Officer

If for best interest of

child: Refer to a Youth
Care Facility or Bahay
Pag-asa

Immediately release
the child to his/her
parents or guardian, or,
the childs nearest
relative

 If the parents, guardians or nearest

relatives cannot be located, or if they
refuse to take custody, the child may
be released to any of the following:
a) A duly registered nongovernmental or
religious organization;
b) A barangay official or a member of the
Barangay Council for the Protection of
Children (BCPC);
c) A local social welfare and development
officer; or, when and where
appropriate, the DSWD.

 If the child has been found by the

LSWD officer to be dependent,
abandoned, neglected or abused by
his/her parents and the best interest
of the child requires that he/she be
placed in a youth care facility or
Bahay Pag-asa, the childs parents
or guardians shall execute a written
authorization for the voluntary
commitment of the child

 If the child has no parents or

guardians or if they refuse or fail to
execute the written authorization for
voluntary commitment, the proper
petition for involuntary commitment
shall be immediately filed by the
DSWD or the Local Social Welfare
and Development Office (LSWDO)
pursuant to PD 603.
The minimum age for children
committed to a youth care facility or
Bahay Pag-asa shall be twelve (12)
years old.

Procedure During Initial

Investigation (Inquest)

Procedure During Preliminary

Investigation & Filing of
Information

What if Children who are Exempt

from Criminal Responsibility
Commit Serious Crimes?
He/She shall be deemed a
neglected child under PD 603
He/She shall be mandatorily placed
in a special facility within the youth
care faculty or Bahay Pag-asa called
the Intensive Juvenile Intervention
and Support Center (IJISC).

 Qualifications:
1. The child is above twelve (12) years of age up to
fifteen (15) years of age
2. The child commits:
a)
b)
c)
d)

parricide,
murder,
infanticide,
kidnapping and serious illegal detention where the victim
is killed or raped,
e) robbery, with homicide or rape,
f) destructive arson,
g) rape, or
h) carnapping where the driver or occupant is killed or
raped or
i) offenses under Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by more than
twelve (12) years of imprisonment

 Procedure:
1.Petition for involuntary
commitment and placement under
the IJISC shall be filed by the local
social welfare and development
officer of the LGU where the offense
was committed or by the DSWD worker
2.Filed within 24 hours from the time of
the receipt of a report on the alleged
commission of said child.
3.The Court shall decide on the petition
within 72 hours.

What if Children who are Exempt

from Criminal Responsibility are
Repeat Offenders?
He/She shall be deemed a
neglected child under PD 603
He/She shall undergo an intensive
intervention program supervised
by the local social welfare and
development officer

 Qualifications:
1. The child is above twelve (12) years of age up
to fifteen (15) years of age
2. The child was previously subjected to a
community-based intervention program
3. The childs parents or guardians shall execute a
written authorization for the voluntary
commitment of the child if the best interest
of the child requires that he/she be placed in a
youth care facility or Bahay Pag-asa
4.Petition for Involuntary Commitment shall
be immediately filed by the DSWD or the
LSWDO:
1. if the child has No parents or guardians or
2. if they refuse or fail to execute the written
authorization for voluntary commitment

What if the Children are Exploited

by Adults for the Commission of
Crimes?
Any person who, in the commission of a crime,

makes use, takes advantage of, or profits from the

use of children,
including any person who abuses his/her authority
over the child or who, with abuse of confidence,
takes advantage of the vulnerabilities of the child
and
shall induce, threaten or instigate the commission
of the crime,

shall be imposed the penalty prescribed by

law for the crime committed in its
maximum period.

What if the Children are Exploited

by Adults for the Commission of
Crimes?
Under R.A. 7610:
Any person who shall use, coerce, force or
intimidate a street child or any other child
to:

Beg or use begging as a means of living;

Act as conduit or middlemen in drug trafficking
or pushing; or
Conduct any illegal activities,

shall suffer the penalty of prision

correccional in its medium period to
reclusion perpetua

Diversion
An alternative, child-appropriate
process of determining the
responsibility and treatment of a CICL
Based on his/her social, cultural,
economic, psychological or
educational background
WITHOUT resorting to formal court
proceedings
January 24, 2008

Notes of Atty. Debbie G. Dulay

Who Undergoes Diversion?

CICL above fifteen (15) years but
below eighteen (18) years of age
who acted with discernment
Children who are 15 years old and
below who committed an offense
Diversion is the same a Tertiary
Intervention

January 24, 2008

Notes of Atty. Debbie G. Dulay

Venues Of Diversion
Barangay, Police, Prosecutor Level
If offense has imposable penalty of not
more than six (6) years of imprisonment

Court
If the imposable penalty is more than
six (6) years of imprisonment but not
more than twelve (12) years
imprisonment
January 24, 2008

Notes of Atty. Debbie G. Dulay

Katarungang Pambarangay
Level
Conducted by the Lupon
Tagapamayapa, chaired by the
Punong Barangay, with the assistance
of the members of the BCPC
Punong Barangay shall conduct
mediation / family conferencing /
conciliation / adopt indigenous modes
of conflict resolution
January 24, 2008

Notes of Atty. Debbie G. Dulay

Barangay Level
Absence of the offended party or
his/her disagreement in its conduct
shall not prevent the proceedings
from being conducted.
The Punong Barangay shall,
however, endeavor to obtain the
participation and the consent of the
offended party in the formulation of
the diversion program.
January 24, 2008

Notes of Atty. Debbie G. Dulay

Barangay Level
Objectives: restorative justice /
formulation of a diversion program
Child and his/her family shall be
present in the conduct of these
diversion proceedings
Offended party may participate in
the diversion proceedings
January 24, 2008

Notes of Atty. Debbie G. Dulay

Contract of Diversion
Child voluntarily admits commission
of the act
Victim and offender must both agree
to diversion

January 24, 2008

Notes of Atty. Debbie G. Dulay

Diversion Program
must be in writing signed by parties
& concerned authorities
Local Social Welfare Officer
implements/supervises the Diversion
Program
Diversion proceedings to be
completed in 45 days
January 24, 2008

Notes of Atty. Debbie G. Dulay

On Diversion Program
Child must present himself/herself at
least once a month for reporting &
evaluation
Failure to comply w/ the terms and
conditions of DP as certified by the
LSWDO, victim has the option to
institute appropriate legal action
January 24, 2008

Notes of Atty. Debbie G. Dulay

Formulation of the Diversion

Program
An individualized treatment
Consider the following factors:
Childs feelings of remorse for the offense
he or she committed / Parents or legal
guardians ability to guide and supervise
the child / Victims view about the
propriety of the measures to be
imposed / Availability of communitybased programs for rehabilitation and
reintegration of the child
January 24, 2008

Notes of Atty. Debbie G. Dulay

Kinds of Diversion Program

Restitution of property
Reparation of the damage caused
Indemnification for consequential damages
Written or oral apology
Care, guidance and supervision orders /
Counseling for the CICL and the childs
family
Attendance in trainings, seminar and
lectures on: anger management skills,
problem solving and/or conflict resolution
skills, values formation, other skills in
dealing w/ situations which can lead to
repetition
January 24, 2008

Notes of Atty. Debbie G. Dulay

Barangay Level
Participation in available communitybased programs including community
service
Participation in education, vocation
and life skills programs

January 24, 2008

Notes of Atty. Debbie G. Dulay

Law Enforcement & Prosecution &

Social Worker Level
Diversion programs previously
specified
Confiscation and forfeiture of the
proceeds or instruments of the crime

January 24, 2008

Notes of Atty. Debbie G. Dulay

Court Level
Diversion programs previously
specified
Written or oral reprimand or citation
Fine
Payment of cost of the proceedings
Institutional care and custody

January 24, 2008

Notes of Atty. Debbie G. Dulay

Court Proceedings
Apply privileged mitigating
circumstance of Minority to fix, Reduce
Bail
IF CHILD IS DETAINED: Release On
Recognizance, Bail, Transfer to Youth
Home, Rehabilitation Center
Institutionalization Last Resort, for
Shortest Period
No detention of child in jail pending trial
January 24, 2008

Notes of Atty. Debbie G. Dulay

When CICL Found Guilty

Determine Civil Liability
Instead of pronouncing judgment of
conviction, automatic suspension of
sentence full credit of time in
detention, actual confinement / other
disposition measures under SC Rule
on JICL

January 24, 2008

Notes of Atty. Debbie G. Dulay

Establishment of Bahay
Pag-asa
Each province and highly-urbanized
city (the LGUs) shall be responsible
for building, funding and operating a
Bahay Pag-asa within their
jurisdiction following the standards
that will be set by the DSWD and
adopted by the JJWC.

Bahay Pag-asa
Refers to a 24-hour child-caring institution
established,
Funded and managed by local government
units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs)
Providing short-term residential care for
children in conflict with the law who are
above fifteen (15) but below eighteen (18)
years of age who are awaiting court
disposition of their cases or transfer to other
agencies or jurisdiction.

Bahay Pag-asa
A multi-disciplinary team composed of
a social worker, a psychologist/mental
health professional, a medical doctor,
an educational/guidance counselor and
a Barangay Council for the Protection of
Children (BCPC) member shall operate
the Bahay Pag-asa. The team will work
on the individualized intervention plan
with the child and the childs family.

Establishment of IJISC
Part of the features of a Bahay Pagasa is an Intensive Juvenile
Intervention And Support Center
(IJISC).
Every Bahay Pag-asa will have a
special facility called the IJISC. This
Center will be allocated for children in
conflict with the law in accordance with
Sections 20, 20-A and 20-B hereof.

Establishment of IJISC
These children will be required to
undergo a more intensive multidisciplinary intervention program.

Establishment of IJISC
The JJWC in partnership with, but not
limited to, the DSWD, the DOH, the
DepED and the DILG, will develop and
set the standards for the
implementation of the multi-disciplinary
intervention program of the IJISC.
Upon institutionalization of the IJISC
program, the JJWC will continue to
monitor and provide technical
assistance to the multi-disciplinary
teams operating the said centers.

Care and Maintenance of the

Child in Conflict with the Law
The LGUs expected expenditures on the
local juvenile intervention program for
children at risk and children in conflict
with the law shall be included in the
LGUs annual budget.
Highly-urbanized cities and provincial
governments should include a separate
budget for the construction and
maintenance of the Bahay Pag-asa
including the operation of the IJISC
within the Bahay Pag-asa.

THE END