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Salient Features of R.A.

9344 as
amended by R.A. 10630
Legal Framework

Art. III of the 1987 Philippine Constitution

Bill of Rights
the right of every person not to be deprived of life and liberty without due
process of law and without equal protection of the law is enshrined as a
fundamental human right
fundamental human rights of an accused during search, seizure and arrest,
during custodial investigation and detention, the right to bail, the rights of
an accused during trial and the rights to be observed during the service of
sentence
Legal Framework

Art. II, Sec. 13 of the 1987 Philippine Constitution

The State recognizes the vital role of children and youth in nation building and
shall promote and protect their physical, moral, spiritual, intellectual and
social well-being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
Legal Framework

SEC. 2. of RA 9344 as amended

Declaration of State Policy. - The following State policies shall be observed at all times:
(b) The State shall protect the best interests of the child through measures that will ensure the
observance of international standards of child protection, especially those to which the Philippines is a
party. Proceedings before any authority shall be conducted in the best interest of the child and in a
manner which allows the child to participate and to express himself/herself freely. The participation of
children in the program and policy formulation and implementation related to juvenile justice and welfare
shall be ensured by the concerned government agency.

(c) The State likewise recognizes the right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and
other conditions prejudicial to their development.
International Human Rights
Instruments

Philippines is a State Party to about 23 international human


rights instruments under the UN system (Commission on
Human Rights of the Philippines, On Applying the Rights-based
Approach to Development and Governance)

Art. II, Sec. 2 of the 1987 Philippine Constitution


The Philippines adopts the generally accepted principles of
international law as part of the law of the land.
International Conventions and Standards
International Conventions
on Juvenile Justice on Juvenile Justice

The Convention on the Rights of the Child (CRC)

The United Nations Standard Minimum Rules for the


Administration of Juvenile Justice (Beijing Rules)

The United Nations Guidelines for the Prevention of Juvenile


Delinquency (PJD)- Riyadh Guidelines

The United Nations Rules for the Protection of Juvenile


Deprived of their liberty (JDL)

United Nations Basic Principles on the use of Restorative


Justice Programmes in Criminal Matters (RJP)

The United Nations Guidelines in Matters Involving Child


Victims and Witnesses of Crime (CVCW)
The United Nations Minimum Rules for Non-Custodial Measures

United Nations Economic and Social Council Guidelines for Action on


Children in the Criminal Justice System (Guidelines for Action)
Adopted by the
UN General Assembly
20 November 1989

Ratified by the Philippines


21 August 1990
photo by pia sison

Entered into force


2 September 1990
4 Categories of Survival
Rights of the
Child under the Protection
UN CRC Development
Participation
UN CRC

ARTICLE 37, Convention on the Rights of the Child


a) No child shall be subjected to torture or other cruel,
inhuman or degrading treatment or punishment. Neither
capital punishment nor life imprisonment without
possibility of release shall be imposed for offences
committed by persons below eighteen years of age;
UN CRC

ARTICLE 40
3. States Parties shall seek to promote the establishment of
laws, procedures, authorities and institutions specifically
applicable to children alleged as, accused of, or recognized
as having infringed the penal law, and, in particular:

(a) the establishment of a minimum age below which


children shall be presumed not to have the capacity
to infringe the penal law;
UN CRC

ARTICLE 40
(b) whenever appropriate and desirable, measures for dealing
with such children without resorting to judicial proceedings,
providing that human rights and legal safeguards are fully
respected.

4. A variety of dispositions, such as care, guidance and


supervision orders; counselling; probation; foster care;
education and vocational training programmes and other
alternatives to institutional care shall be available to ensure
that children are dealt with in a manner appropriate to their
well being and proportionate both to their circumstances and
the offence.
BEIJING RULES

The United Nations Standard Minimum Rules for the Administration of


Juvenile Justice

Each case shall from the outset be handled expeditiously,


without any unnecessary delay Article 20 (1)

The placement of a juvenile in an institution shall always be a


disposition of last resort and for the minimum necessary
period-- Article 19(1)

Whenever possible, detention pending trial shall be replaced


by alternative measures, such as close supervision, intensive
care or placement with family or in an educational setting or
home Article 13(2)
RA 9344 AS AMENDED BY RA 10630

Salient Features of RA 9344 as amended by


R.A. 10630
Child

refers to a person under the age of


eighteen (18) years
Who is a CICL?

refers to a child who is alleged as,


accused of, or adjudged as, having
committed an offense under
Philippine laws
Who is a Child at-Risk?

children who are vulnerable or at -risk of behaving in a way that can harm
themselves or others, or vulnerable and at risk of being pushed and
exploited to come into conflict with the law because of personal, family and
social circumstances, such as, but not limited to, the following:

a. being abused by any person through sexual, physical, psychological,


mental, economic or any other means, and the parents or guardians
refuse, are unwilling, or unable to provide protection for the child;

b. being exploited sexually or economically;

c. being abandoned or neglected, and after diligent search and inquiry, the
parents or guardians cannot be found;
Who is a Child-at-Risk?
d. coming from a dysfunctional or broken family or being
without a parent or guardian;

e. being out of school;

f. being a street child;

g. being a member of a gang;

h. living in a community with a high level of criminality or drug


abuse; and

i. living in situations of armed conflict.


Who is a Child-at-Risk?

also includes those children who violate the ordinances enacted by local
governments, concerning juvenile status offenses enumerated in Section
57-A of the Act;

Children-at-Risk also includes those who commit any of the following:

(1) Status offenses under Section 57 of the Act;

(2) Prostitution under Section 202 of the Revised Penal Code, as


amended;

(3) Mendicancy under Presidential Decree No. 1563; and

(4) Sniffing of rugby under Presidential Decree No. 1619


Guiding Principle: Best Interest of the Child

totality of circumstances and conditions that are most


beneficial for the survival, protection and feelings of security of
the child, and most likely to promote the childs physical,
psychological and emotional development.

It also means the least detrimental available alternative for


safeguarding the growth and development of the child.
Principle of Restorative Justice

requires a process of resolving conflicts with the maximum


involvement of the victim, the offender and the community.
It seeks to obtain reparation for the victim; reconciliation of
the offender, the offended and the community; and
reassurance to the offender that he/she can be reintegrated
into society.
enhances public safety by activating the offender, the victim
and the community in prevention strategies.
Rights of a CICL

a) the right not to be subjected to torture or other cruel, inhuman or


degrading treatment or punishment;
(b) the right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty;
detention or imprisonment being a disposition of last resort, and which shall
be for the shortest appropriate period of time;
(d) the right to be treated with humanity and respect, for the inherent
dignity of the person, and in a manner which takes into account the needs of
a person of his/her age.
Rights of a CICL

(e) the right to prompt access to legal and other appropriate assistance, as
well as the right to challenge the legality of the deprivation of his/her liberty
before a court or other competent, independent and impartial authority, and
to a prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in his/her own behalf under the rule on
examination of a child witness;
(h) the right to have his/her privacy respected fully at all stages of the
proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the
same;
Rights of a CICL

(j) the right to be imposed a judgment in proportion to the gravity of the offense
where his/her best interest, the rights of the victim and the needs of society are all
taken into consideration by the court, under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to the minimum,
and where discretion is given by law to the judge to determine whether to impose
fine or imprisonment, the imposition of fine being preferred as the more appropriate
penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the
Probation Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation;
and
(o) other rights as provided for under existing laws, rules and regulations.
MACR
Minimum age of criminal responsibility retained at above
15 years old: INTERVENTION PROGRAMS for CICL 15YO
and below
Sec 6 (as amended by Sec 3 of RA 10360)
A child fifteen 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 15th anniversary of his/her birthday
Standard Child-Sensitive Procedures in the
Management of Children at-risk and Children in Conflict with
the Law from INITIAL CONTACT to REINTEGRATION
Standard Procedure in the
Management of CAR and CICL Cases
Handling CICL exempt from Criminal Responsibility
(15 yo and below)
Handling CICL above 12 to 15 years old who
committed a serious crime listed in the Act
Handling CICL above 12 to 15 years old but reported
for repetition of offenses;
Handling CICL above 15 years but below 18 years of
age who acted without discernment; and
Handling CICL above 15 years but below 18 years of
age who acted with discernment.
Age of Criminal Responsibility

Child 15 years old and below:


Exempt from criminal liability
Shall be subjected to an intervention program

Child above 15 years old but below 18 years old:


Without discernment: exempted from criminal liability;
shall be subjected to intervention program

With discernment: shall be subjected to diversion if


imposable penalty is 6 years and if child is qualified

With discernment and imposable penalty is above 6 years:


diversion at the court level only
Standard Procedure in the
Management of CAR and CICL Cases

Handling CICL Exempt from


Criminal Responsibility
15 years old and below
Sec. 20: 15 years old and below

Authority having initial contact with the child, in consultation


with the LSWDO, shall immediately release the child to custody
of parents or guardian, or in the absence thereof, the childs
nearest relative.
The child shall undergo a community-based intervention
program supervised by the LSWDO
If the LSWDO finds the child to be abandoned, neglected or
abused by parents and the best interest of the child requires
referral to a youth care facility or Bahay Pag-asa managed by
LGUs or licensed and/or accredited NGOs monitored by the
DSWD, the child shall be committed to the facility
Sec. 20: 12 to 15 years old CICL who are Neglected,
Abandoned and Abused

The minimum age for children committed to a youth care


facility or Bahay Pag-asa shall be twelve (12) years old

Requirements for commitment


o A written authorization for the voluntary commitment of the child
executed by parents or guardian; or
o If child has no parents or guardians or if they refuse or fail to
execute the written authorization for voluntary commitment, a
petition for involuntary commitment shall be immediately filed by
the DSWD or LSWDO
Standard Procedure in the
Management of CAR and CICL Cases

Handling CICL above 12 to 15


years old who committed a
serious crime listed in
Sec.20-A of R.A. 9344 as
amended
Sec. 20-A: Serious Crimes Committed by Child above
12 up to 15 years old

Child commits
parricide
murder
infanticide
kidnapping and serious illegal detention where the victim is
killed or raped
robbery with homicide or rape
destructive arson
rape
carnapping where the driver or occupant is killed or raped
offenses under Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by more than twelve
years of imprisonment
Sec. 20-A: Serious Crimes Committed by Child above
12 up to 15 years old

Shall be deemed a neglected child under PD 603, as


amended, and shall be mandatorily placed in a special facility
within the youth care facility or Bahay Pag-asa called the
Intensive Juvenile Intervention and Support Center (IJISC)

Minimum duration of placement is 1 year


Sec. 20-A: Serious Crimes Committed by Child above
12 up to 15 years old

Who files the petition for involuntary commitment and placement under
the IJISC?
o LSWDO of the LGU where the offense was committed, or
o DSWD social worker (in absence of LSWDO)
When to file?
o Within 24 hours from the time of the receipt of a report on the alleged
commission of the crime by the child
Within what period shall the court decide on the petition?
o Within seventy-two (72) hours from the time the petition is filed by the
DSWD/LSWDO.
Who determines how long the placement with IJISC should be?
o The court will determine the initial period of placement which shall not
be less than one year.
Standard Procedure in the
Management of CAR and CICL Cases

Handling CICL above 12 to 15


years old reported for
repetition of offenses under
Sec.20-B;
Sec. 20-B: Above 12 to 15 years old with
Repetition of Offenses

When does this provision apply?

A child is above 12 up to 15 years of age,

Who commits an offense for the second time or oftener,


and

Who was previously subjected to a community-based


intervention program.
Sec. 20-B: Above 12 to 15 years old with
Repetition of Offenses

What is the effect of those circumstances?

Child is deemed neglected child under PD 603

Child shall undergo an intensive community-based intervention program


supervised by the LSWDO

If childs best interest requires that s/he be placed in a youth care facility or
Bahay Pag-asa,

o the childs parents or guardians shall execute a written authorization


for the voluntary commitment of the child

o If the child has no parents or guardians or if they refuse or fail to


execute the written authorization for voluntary commitment, a petition
for involuntary commitment shall be immediately filed by the DSWD or
the LSWDO pursuant to PD 603
Standard Procedure in the
Management of CAR and CICL Cases

Handling CICL above 15 years


but below 18 years of age
who acted without
discernment
Discernment

discernment as capacity to understand the difference


between right and wrong, and its consequences
It is the duty of the law enforcement officer during initial
investigation to refer the child who is above 15 years of age
and below 18 years of age to the LSWDO for the determination
of discernment.
RA 9344 AS AMENDED BY RA 10630

Sec 22 (as amended by Sec 8 of RA 10360) -DURING


initial investigation, LSWDO conducts initial assessment
using discernment assessment tools developed by the
DSWD

Sec 33 In case of preliminary investigation and filing


information must allege
of information, the
that the child acted with discernment
Children above 15 but below 18yo who acted
without discernment

Immediately release to parents/guardian or nearest


relatives in absence thereof
IF above refused or cannot be located, child shall be
released to registered NGO, barangay official or BCPC
member, LSWDO or DSWD
LSWDO shall determine the appropriate programs in
consultation with the child and person having custody
Petition for involuntary commitment if child is
abandoned, neglected or abused or parents will not
comply with the intervention program
Standard Procedure in the
Management of CAR and CICL Cases

Handling CICL above 15 years


but below 18 years of age
who acted
with discernment
CICL above 15 to below 18yo assessed to
have acted with discernment?

DIVERSION
Diversion

refers to an alternative, child-appropriate process of


determining the responsibility and treatment of a child in
conflict with the law, on the basis of the childs social, cultural,
economic, psychological or educational background, without
resorting to formal Court proceedings;
centered on the restorative approach;
shall use restorative justice processes
Where Diversion is Administered

(a) Law enforcement officer, if the child is above 15 but below 18


years of age, acted with discernment, and allegedly committed an
offense with an imposable penalty of not more than six (6) years of
imprisonment; or
(b) Local Social Welfare and Development Officer (LSWDO), if the
child is above 15 but below 18 years of age, acted with
discernment, and allegedly committed a victimless offense with an
imposable penalty of not more than six (6) years of imprisonment.
(c) The Prosecutor or Judge, if the child is above fifteen (15) but
below 18 years of age, acted with discernment, and allegedly
committed an offense with an imposable penalty of more than six
(6) years of imprisonment.
Standard Procedure in the
Management of CAR and CICL Cases

Handling Children at-Risk who


violate status offenses and local
ordinances under Sec. 57 and
Sec.57-A
Children who violate status
offenses and local ordinances

No penalty shall be imposed on children for said violations


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.
Appropriate intervention programs shall be provided for in
such ordinances.
Child shall 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
Standard Procedure in the
Management of CAR and CICL Cases

Other Important Provisions in the


Management of CAR and CICL
Cases
Procedure for Taking the Child into Custody
(Rule 26, RIRR)

From the moment the child is taken into custody, the law
enforcement officer shall faithfully observe the following
procedures, as provided in Sec 21 of the Act:
(1) Properly identify oneself and present proper identification to
the child.
(2) Immediately notify the childs parents or guardians, the
Local Social Welfare and Development Officer (LSWDO), and
the Public Attorneys Office (PAO) of the childs
apprehension.
The notification shall be made not later than eight (8)
hours after apprehension.
Procedure for Taking the Child into Custody
(Rule 26, RIRR)

(3) Explain to the child, in simple language and in a language or dialect,


which the child can understand: 15
a. The reason for placing the child under custody;
b. The offense allegedly committed; and
c. The childs constitutional rights and the childs rights under Republic Act
7438 or An Act Defining Certain Rights of Person Arrested, Detained or
Under Custodial Investigation as well as the Duties of the Arresting,
Detaining and Investigating Officers, and Providing Penalties for Violations
Thereof [R.A. 7438].
If the child cannot understand the language or local dialect or suffers
from disability, an interpreter or a mental health professional shall be
provided
Procedure for Taking the Child into Custody
(Rule 26, RIRR)

(4) Determine the age of the child


(5) Take the child immediately to the proper medical or health officer for a
thorough physical and mental examination. Whenever medical
treatment is required, steps shall be immediately undertaken to provide
the same.
(6) Immediately but not later than eight (8) hours after apprehension,
turn over the custody of the child to the Local Social Welfare and
Development Office or other accredited NGOs. However, in cases where the
child is fifteen (15) years old or below, the law enforcement officer shall
immediately release the child to the custody of the childs parents or
guardian, or in their absence, the childs nearest relative, upon assessment
and recommendation of the LSWDO
No detention of CICL pending trial/hearing of case

The court shall not order the detention of


a child in a jail pending trial or hearing of
his/her case.
(Sec 35, RA 9344 as amended)

A child in conflict with the law shall only be searched by a law


enforcement officer of the same gender and shall not be
locked up in a detention cell. (Sec. 21)
Custody of CICL Pending Trial

Where a child is detained, the Court shall order:


the release of the minor on recognizance to his or her parents, and other
suitable persons;
the release of the child in conflict with the law on bail; or
commitment in the Bahay Pag-Asa in the province, city or municipality,
where the child resides.

In the absence of a Bahay Pag-Asa, the child in conflict with the law may be
committed to the care of the DSWD or a licensed and/or accredited NGOs
within the jurisdiction of the Court. The center or agency concerned shall be
responsible for the childs appearance in court, whenever required.
Bahay Pag-asa

a 24-hour child-caring institution established, funded


and managed by local government units and licensed
and/or accredited NGOs providing short-term residential
care for children in conflict with the law who are above 15
but below 18 years of age who are awaiting court
disposition of their cases or transfer to other agencies or
jurisdiction

IJISC or Intensive Juvenile Intervention and


Support Center
special facility for children in conflict with the law in
accordance with Sections 20, 20-A and 20-B. CICL
placed under the IJISC will be required to undergo a
more intensive multi-disciplinary intervention program.
When the Child is Deprived of Liberty

RULE 61 of the Revised IRR


If the child in conflict with the law is
deprived of liberty at the time the
Prosecutor assumes jurisdiction of the case, the
counsel of choice or the PAO, as the case may
be, shall manifest to the Court such fact, with
the objective of obtaining an immediate Order
of Release from the Court.
Automatic Suspension of Sentence

child in conflict with the law found guilty beyond reasonable


doubt of the offense charged
instead of executing the judgments of conviction, the court
shall place the child in conflict with the law under suspended
sentence, without need of application
can be availed of even if the child is already eighteen years (18)
of age or more but not above twenty-one (21) years old, at the
time of the pronouncement of guilt,
Credit in the Service of Sentence

Credit in Service of Sentence. - The child in conflict with the


law shall be credited in the services of his/her sentence with
the full time spent in actual commitment and detention under
this Act. (Sec. 41 RA 9344 as amended)

Any form of physical restraint imposed on the child in


conflict with the law, including community service, the
implementation of the Diversion Contract, and commitment
to an institution for the youth, shall be considered as
preventive imprisonment for purposes of crediting the service
of sentence. (Part XII, Rule 71, Revised IRR)
Exploitation of Children for Commission of Crimes

Section 20- Exploitation of Children for Commission of


Crimes
-punishes acts of using, inducing, influencing, threatening, or
taking advantage of vulnerabilities of a child to commit an
offense/crime

-shall be liable for the maximum penalty prescribed for the


crime committed
Mandatory Registry of CICL

Sec. 12 RA 10630

*WHO? All duty-bearers (including barangay/BCPC workers, law enforcers,


teachers, guidance counsellors, social workers and prosecutors) who will
receive report, handle or refer cases of CICL.

*DUTY?- Ensure faithful recordation of all pertinent information about CICL

* WHAT PERTINENT INFORMATION? Information such as age, residence,


gender, crime committed or accused of and the details of the intervention or
diversion, as the case may be, under which they will undergo or has undergone

*JJWC Mandate? Lead in the establishment of a centralized information


management system on CICL
Confidentiality of Records and
Proceedings

All records and proceedings involving children in conflict


with the law from initial contact until final disposition of the
case shall be considered privileged and confidential.

Records of a child in conflict with the law shall not be used


in subsequent proceedings for cases involving the same
offender as an adult, except when beneficial for the
offender and upon his/her written consent.
Prohibited Acts

a. Employment of threats of whatever kind and nature;

b. Employment of abusive, coercive and punitive measures;

c. Employment of degrading, inhuman and cruel forms of


punishment;

d. Compelling the child to perform involuntary servitude in


any and all forms under any and all instances.
Labelling and Shaming

RULE 88 of the Revised IRR


As mandated by Section 60 of the Act, in the conduct of the
proceedings from the initial contact with the child, the
competent authorities must refrain from branding or labelling
children as young criminals, juvenile delinquents, deviants,
prostitutes, vagrants or other similar derogatory labels, and
attaching to them, in any manner, any other derogatory names.
Competent authorities under this Rule refers to persons
having contact with the CICL, including but not limited to:
xxx
(e) PAO lawyers
Penalty for Violation of RA 9344 as
amended by RA 10630

Fine of Php 20,000 to Php 50,000

Imprisonment of 8 to 10 years

Both fine and imprisonment

Perpetual absolute disqualification, if a public officer or


employee
Administration of the Juvenile Justice and Welfare System

NATIONAL LEVEL
o Attached to DOJ and o Attached to DSWD and
placed under its placed under its
administrative supervision administrative supervision

o Chaired by o Chaired by an
Undersecretary of DSWD Undersecretary of DSWD
Administration of the Juvenile Justice and Welfare System

REGIONAL LEVEL

o No structure at the o A Regional Juvenile Justice and


regional level to ensure Welfare Council (RJJWC) is
effective implementation of created for each region to ensure
RA 9344 and coordination the effective implementation of RA
among member agencies 9344 as amended at the regional
and LGU levels and the
coordination among its member
agencies