Understanding RA 9344

Juvenile Justice and Welfare Act of 2006

ATTY. VICTORIA P. DINES

 R.A. No. 9344
The law which covers the
different stages involving
children at risk and children
in conflict with the law from
prevention to rehabilitation
and reintegration
(Sec 1, RA 9344).
Who is a CHILD?
Who is a CHILD?
 Who is a CHILD?
Child refers to a person under the age
of eighteen (18) years (Sec 4c, RA 9344).

Child refers to persons below 18 years

of age or those over but are unable to
fully take care of themselves or
protect themselves… (Sec 3a, RA 7610).
 Child at Risk

Child who is vulnerable to

and at risk of committing
criminal offenses because of
personal, family or social
circumstances, such as,
but not limited to (Sec 3d, RA 9344):
 Child at Risk

(1) being abused by any person through

sexual, physical, psychological, mental,
economic or any other means and the
parents or guardian refuse, are
unwilling, or unable to provide
protection for the child;
 Child at Risk
(2) being exploited including sexually or
economically;
(3) being abandoned or neglected, and
after diligent search and inquiry, the
parent or guardian cannot be found;
(4) coming from a dysfunctional or
broken family or without a parent or
guardian;
 Child at Risk

(5) being out of school;

(6) being a street child;

(7) being a member of a gang;

 Child at Risk

(8) living in a community with a high

level of criminality or drug abuse; and

(9) living in situations of armed conflict.

 Child at Risk
It includes children who violate the
ordinances enacted by the local
governments such as (Rule 2 (8), IRR of RA 9344):
a) Curfew violations
b) Truancy (student who misses school
without permission)
c) Parental disobedience
 Child at Risk
d) Violation of anti-smoking and anti-
drinking laws

e) Light offenses and misdemeanors

against public order or safety (disorderly
conduct, public scandal, harassment, drunkenness, public
intoxication, vandalism, gambling, littering, public urination,
and trespassing)
 Child at Risk
It also includes children who commit
the following:

a) Prostitution
b) Mendicancy
c) Sniffing of rugby
Q: What happens to
children-at-risk?
 The authority having
initial contact will:
Immediately release to the
custody of his/her parent or
guardian
Release to nearest relative in
the absence of the above
If the above cannot be located or
refuse custody, release to: duly
registered NGO or religious
organization, barangay official,
member of BCPC, LSWDO,
DSWD when and where
necessary
Child in Conflict with the Law

Child who is alleged as,

accused of, or adjudged as,
having committed an offense
under Philippine laws
(Sec 3e, RA 9344).
 Minimum Age of
Criminal Responsibility
NOTE: age at the time of the
COMMISSION of the offense and NOT at
the time of filing of the complaint or
information.

15 years of age or under: NO criminal

liability BUT subject to intervention
program.
 Minimum Age
of Criminal Responsibility
Above 15 years but below 18 years of
age
Without discernment: NO criminal
liability BUT subject to intervention
program.
With discernment: criminally liable

Discernment: ability to understand the

consequences of his acts
 What happens to a CICL?
1st: Initial Contact (by private citizen
or law enforcement officer)
 1st: INITIAL Contact (DO’s)
Officer should identify himself and
present proper ID to the child
Explain why taken under custody and
the offense allegedly committed
Inform constitutional rights
 1st: INITIAL Contact (DO’s)

Notify child’s parents or

guardians, LSWDO, and PAO
not later than 8 hours after
apprehension
 1st: INITIAL Contact (DO’s)

Take the child immediately to

the proper medical and health
officer for thorough physical
and mental examination.
 1st: INITIAL Contact (DO’s)

Determine age of the child

–there is presumption of
minority until child is proven
to be 18 years or older
 1st: INITIAL Contact (DO’s)

Immediately but not later than 8

hours after apprehension, turn
over custody of the child to the
SWDO or other accredited NGOs
 1st: INITIAL Contact (DO’s)

If child is 15 years old or below,

release the child to the custody
of parents or guardian or in
their absence to the nearest
relative upon assessment and
recommendation of LSWDO
 1st: INITIAL Contact (DO’s)

Q: What if the child committed

serious offense (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 RA 9165)?
 1st: INITIAL Contact (DO’s)

A: The child shall be deemed a

neglected child (but still exempted
from criminal liability) and shall
be placed in a “Bahay Pag-asa” or
Intensive Juvenile Intervention
and Support Center.
 What happens to a CICL?
2nd: INITIAL INVESTIGATION (by the
law enforcement officer)
2nd: INITIAL INVESTIGATION
(DON’Ts)
 3rd: Intervention OR Diversion
INTERVENTION PROGRAM: If child is
15 years or below OR above 15 but
below 18 years old who acted without
discernment.
LSWDO will determine appropriate
programs with the child and persons
having custody of the child.
INTERVENTION PROGRAM: series of
activities designed to address issues
that caused the children to commit an
offense
Counseling
Skills training
Education
Other activities (community-based)
 3rd: Intervention OR Diversion

DIVERSION PROGRAM: If child is

above 15 years old but below 18 who
acted with discernment.
Mediation
Family conferencing
Conciliation
Indigenous modes of conflict resolution
 When diversion may be
conducted?
Imposable penalty is NOT more than
6 years imprisonment:
a) Katarungang Pambarangay level under the
Punong Barangay
b) Police investigation stage under the law
enforcement officer
c) Inquest or preliminary investigation stage
under the prosecutor
For victimless crimes with imposable
penalty of not more than 6 years
imprisonment: LSWDO meets with
child and her parents or guardians to
develop appropriate diversion or
rehabilitation program in coordination
with BCPC
Imposable penalty is MORE THAN 6
years BUT NOT more than 12 years
imprisonment: by the COURT only
 Diversion Process
1. Diversion Proceedings
Conflict Resolution
Formulation of Diversion Program
Formulation of Diversion Contract
Acceptance and Signing of Diversion
Contract
2. Implementation
3. Monitoring and Supervision
4. Termination
Kinds of Diversion Program
1) Level of Katarungang Pambarangay
(when the case is referred to the barangay
through the Lupong Tagapamayapa)
Restitution of property
Reparation of damage caused
Indemnification for consequential
damages
Written or oral apology
Care, guidance and supervision orders
Kinds of Diversion Program
Counseling for the CICL and his family
Attendance to trainings, seminars and
lectures (anger management, problem-
solving or conflict resolution, values
formation)
Participation in community-based
programs including community service
Participation in education, vocation, and
life skills program
Kinds of Diversion Program
Q: Who handles the diversion at the KP
Level
A: Diversion Committee chaired by the
Punong Barangay (LSWDO, Brgy Kagawad,
member of the LP, member of the BCPC,
Chief Tanod, Member of the Task Force on
Child and Youth Development in the brgy,
NGO representative, PTA President,
representative of a faith-based organization)
Kinds of Diversion Program
2) Level of Law Enforcement Officer
(when the child or the child’s parent or
guardian did not consent to the diversion
program at the KP Level OR after initial
investigation, it was found that the child
is above 15 but below 18 and acted with
discernment)
Kinds of Diversion Program
2) Level of Law Enforcement Officer
SAME as mentioned above (PB
level)
Confiscation and forfeiture of
the proceeds and instruments of
the crime
Kinds of Diversion Program

2) Level of the Prosecutor (when no

consent or agreement to a diversion was
reached at the level of the law
enforcement officer or LSWDO conducting
the Diversion Proceedings)
Kinds of Diversion Program
2) Level of the Prosecutor

SAME as mentioned above (PB

level)
Confiscation and forfeiture of
the proceeds and instruments of
the crime
Kinds of Diversion Program
3) Level of Appropriate Court

SAME as mentioned above (PB level)

Written or oral reprimand or
citation
Fine
Payment of cost of the proceedings
Institutional care and custody
 TERMINATION OF DIVERSION PROCEEDINGS

Diversion proceedings are deemed terminated when:

(1) A Contract of Diversion has been entered
into;
(2) The 45 day period expires without any
agreement reached;
(3) The child or the parents or guardian do
not consent to a diversion;
(4) The authority conducting the diversion
finds that diversion is not applicable
RIGHTS OF CICL

No TORTURE or other cruel, inhumane or

degrading punishment!
 RIGHTS OF CICL

Detention is remedy of last resort

NO Death penalty or Life imprisonment

If detention is necessary,
separate from adults and opposite sex
 RIGHTS OF CICL

Post BAIL or
be released on
recognizance

Legal assistance and

challenge legality of deprivation

Testify on his/her own behalf

(examination of child witness rule)
RIGHTS OF CICL

Right to diversion if qualified

 RIGHTS OF CICL
Right to privacy
Judgment in proportion to the gravity
of offense committed
Right to automatic suspension of
sentence
Right to probation
Right to be free from liability for
perjury, concealment, or
misrepresentation
QUESTIONS?
THANK YOU!