Juvenile Justice System

JUVENILE
PD 603
(1974 – President Marcos)
JUSTICE SYSTEM
The Child and Youth Welfare Code
RA 9344
(2006 – President Macapagal-Arroyo)
An act establishing a comprehensive
Juvenile Justice and Welfare System,
creating the Juvenile Justice and Welfare
Council under the Department of
Justice, appropriating funds therefor
RA 10630
and for other purposes.
(2013 – President Benigno Aquino)
An Act strengthening the Juvenile
Justice System in the Philippines,
amending for the purpose RA 9344,
otherwise known as the “Juvenile
Justice and Welfare Act of 2006” and
appropriating
AGUILAR DUENAS DUJALI funds therefor.
DOSDOS MAGTOTO MORALES NAZAIRE PERTURBOS JMC LEG TECH AY2020 1
JUVENILE JUSTICE AND WELFARE ACT RA 9344, AS AMENDED BY
RA 10630 IN RELATION TO PD 603
Discernment is the mental capacity to understand the difference between right
and wrong including the capacity to fully appreciate the consequences of his
unlawful act. Such capacity may be known and should be determined by taking
into consideration all the facts and circumstances afforded by the records in each
case, the manner the crime was committed, and the conduct of the offender after
its commission (People v. Doqueña, G.R. No 46539 ).
INTENT DISCERNMENT
THE DETERMINATION TO DO A THE MENTAL CAPACITY TO TELL
CERTAIN THING, AN AIM OR RIGHT FROM WRONG.
PURPOSE OF THE MIND.
IT IS THE DESIGN TO RESOLVE OR IT RELATES TO THE MORAL
DETERMINATION BY WHICH A SIGNIFICANCE THAT A PERSON
PERSON ACTS. ASCRIBES TO HIS ACT AND RELATES
TO THE INTELLIGENCE AS AN
ELEMENT OF DOLO.
IT IS MANIFESTED THROUGH
MANNER OF COMMITTING THE
AGUILAR DUENAS DUJALI DOSDOS MAGTOTO MORALES NAZAIRE PERTURBOS CRIME AND CONDUCT OF JMCTHE
LEG TECH AY2020 2
OFFENDER.
JUVENILE JUSTICE AND WELFARE ACT RA 9344, AS AMENDED BY
RA 10630 IN RELATION TO PD 603
Liberal Construction of the Rules
In case of doubt, the interpretation of any of the provisions of this Act, including
its implementing rules and regulations (IRRs), shall be construed liberally in
favor of the child in conflict with the law (Sec. 3, RA 9344)
MINIMUM AGE OF CRIMINAL RESPONSIBILITY and TREATMENT OF
CHILD BELOW AGECRIMINAL
AGE BRACKET OF RESPONSIBILITY TREATMENT
LIABILITY
15 Years Old or below EXEMPT The child shall be subjected to an
intervention program.
Above 15 but below EXEMPT The child shall be subjected to an
18, who acted intervention program.
WITHOUT
DISCERNMENT
Above 15 but below NOT EXEMPT Such child shall be subjected to the
18, who
NOTE: acted
The WITH from criminal liability
exemption in the casesproceedings
appropriate specified above does not include
in accordance with
DISCERNMENT
exemption from civil liability, which shall be
RAenforced
9344. in accordance with existing laws.
AGUILAR DUENAS DUJALI DOSDOS MAGTOTO MORALES NAZAIRE PERTURBOS JMC LEG TECH AY2020 3
MITIGATING CIRCUMSTANCES – are those which, if present in the commission of the crime, do
not entirely free the actor from criminal liability but serve only to reduce the penalty.
BASIS of MITIGATING CIRCUMSTANCES – the basis is diminution of either freedom of action,
intelligence, or intent or on the lesser perversity of the offender.
Circumstances which can mitigate RPC Art 68 – Privileged Mitigating

criminal liability Circumstance
1. Incomplete justifying or exempting circumstance (Privileged When the offender is a minor under 18
Mitigating Circumstance)
years of age
2. The offender is under 18 or over 70
years old
3. No intention to commit so grave a wrong (praeter intentionem)
4. Sufficient threat or provocation
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender
8. Physical defect
9. Illness of the offender
10. Similar and analogous circumstances, and
11. Humanitarian reasons
Effects of mitigating circumstances in the

nature of the crime:
They reduce
AGUILAR theDUJALI
DUENAS penalty but
DOSDOS do not
MAGTOTO change
MORALES the PERTURBOS
NAZAIRE nature of JMC LEG TECH AY2020 4
the crime.
LEGAL EFFECTS OF THE VARIOUS AGE BRACKETS OF THE OFFENDER WITH RESPECT TO HIS
CRIMINAL LIABILITY
AGE EFFECT ON CRIMINAL LIABILITY
BRACKET
15 UNDER EXEMPTING CIRCUMSTANCE
OVER 15 EXEMPTING CIRCUMSTANCE, if he

UNDER 18 acted without discernment.
MITIGATING, if he acted with
discernment.
18 to 70 FULL CRIMINAL RESPONSIBILITY
Over 70 MITIGATING, no imposition of death

penalty
Death sentence if already imposed is
suspended and commuted
NOTE: It is the age of the accused at the time of

the commission of the crime which should be
determined.
NEGLECTED CHILD
A CHILD WHO IS ABOVE 12 YO UP TO 15 YO AND WHO COMMITS;

 PARRICIDE
 MURDER
 INFANTICIDE
 KIDNAPPING
 SERIOUS ILLEGAL DETENTION – WHERE VICTIM IS KILLED OR
RAPED
 ROBBERY- WITH HOMICIDE OR RAPE
 DESTRUCTIVE ARSON
 RAPE
 CARNAPPING WHERE THE DRIVER OR OCCUPANT IS KILLED OR A NEGLECTED CHILD (UNDER PD 603) SHALL
RAPED BE MANDATORILY PLACED IN A SPECIAL
FACILITY WITHIN THE YOUTH CARE FACULTY
 OR OFFENSES UNDER RA 9165 (COMPREHENSIVE DANGEROUS
OR “BAHAY PAG-ASA” CALLED THE
DRUGS ACT OF 2002), PUNISHABLE BY MORE THAN 12 Y OF
INTENSIVE JUVENILE INTERVENTION AND
IMPRISONMENT
SUPPORT CENTER. (IJISC, Section 20-a, RA
10630)
NEGLECTED CHILD
 A CHILD WHO IS ABOVE 12 YO UP TO 15 YO AND WHO COMMITS AN

OFFENSE FOR THE SECOND TIME OR OFTENER;
PROVIDED, THAT THE CHILD WAS PREVIOUSLY SUBJECTED TO A COMMUNITY-
BASED INTERVENTION PROGRAM
 SHALL UNDERGO AN INTENSIVE INTERVENTION PROGRAM

SUPERVISED BY THE LSWDO
PROVIDED FURTHER, THAT IF THE BEST INTEREST OF THE CHILD REQUIRES

THAT HE/SHE BE PLACED IN A YOUTH CARE FACILITY OR “BAHAY PAG-ASA, THE
CHILD’S PARENTS OR GUARDIANS SHALL EXECUTE A WRITTEN AUTHORIZATION
FOR THE VOLUNTARY COMMITMENT OF THE CHILD,
PROVIDED FINALLY, THAT IF THE CHILD HAS NO PARENTS OR GUARDIANS OR

IF THEY REFUSE OR FAIL TO EXECUTE A WRITTEN AUTHORIZATION FOR
VOLUNTARY COMMITMENT, THE PROPER PETITION FOR INVOLUNTARY
COMMITMENT SHALL BE IMMEDIATELY FILED BY THE DSWD OR THE LSWDO
PURSUANT TO PD 603, AS AMENDED. (SEC. 20-B, RA 10630)
EXPLOITATION OF CHILDREN FOR COMMISSION OF CRIMES
SEC 20-C, RA 10630 – ANY PERSON WHO, IN THE COMMISSION OF A CRIME, MAKES USE OF CHILDREN, INCLUDING
ANY PERSON WHO ABUSES HIS/HER AUTHORITY OVER THE CHILD 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.
 SEC 20-D, RA 10630 – THE COURT MAY REQUIRE  ”PARENTS” SHALL MEAN ANY OF THE FOLLOWING:
THE PARENTS OF A CICL TO UNDERGO  BIOLOGICAL PARENTS OF THE CHILD
COUNSELING OR ANY OTHER INTERVENTION  ADOPTIVE PARENTS OF THE CHILD
THAT, IN THE OPINION OF THE COURT, WOULD
 INDIVIDUALS WHO HAVE CUSTODY OF THE CHILD
ADVANCE THE WELFARE AND BEST INTEREST OF
THE CHILD BASED ON THE RECOMMENDA-TIONS THE PARENTS SHALL BE LIABLE FOR DAMAGES UNLESS
OF THE MULTI-DISCIPLINARY TEAM OF THE IJISC, THEY PROVE, TO THE SATISFACTION OF THE COURT, THAT
THEY WERE EXERCISING REASONABLE SUPERVISION
LSWDO, OR DSWD. A COURT EXERCISING
OVER THE CHILD AT THE TIME THE CHILD COMMITTED
JURISDICTION OVER A CICL MAY REQUIRE
THE OFFENSE & EXERTED REASONABLE EFFORT &
ATTENDANCE OF ONE OR BOTH PARENTS OF THE UTMOST DILIGENCE TO PREVENT OR DISCOURAGE THE
CHILD AT THE PLACE WHERE THE PROCEEDINGS CHILD FROM COMMITTING ANOTHER OFFENSE.
ARE TO BE CONDUCTED.
AUTOMATIC SUSPENSION OF
SENTENCE
Once the child who is under 18 years
of age at the time of the commission
of the offense is found guilty, the
court shall determine and ascertain
any civil liability which may have
resulted from the offense committed.
PROVIDED, however,
• HOWEVER, instead of pronouncing that the suspension of
the judgement of conviction, thesentence shall still be
court shall place the CICL under applied even if the
SUSPENDED SENTENCE, without juvenile is already 18
need of application. yo or more at the time
of the pronouncement
of his/her guilt.
(Section 38, RA 9344)
AUTOMATIC SUSPENSION OF
SENTENCE
NO SUSPENSION Sec 38 RA 9344 Sec 40 RA 9344 Nevertheless, the

provides- limits the said accused may be
OF SENTENCE suspension of
WHEN THE suspension of made to serve his
sentence until the
ACCUSED WAS sentence CAN child reaches the sentence, in lieu
STILL be maximum age of of confinement in
A MINOR
21yo. Hence, the a regular penal
DURING THE applied even if
accused is now institution, in an
COMISSION OF the CICL is beyond the age of agricultural camp
THE CRIME AND already 18yo or 21 & can no & other training
IS ALREADY more at the longer avail of the facilities that may
time of the provisions of Sec
BEYOND THE 38 & 40, as to his
be established,
AGE OF 21YO AT pronouncemen suspension of maintained,
THE TIME OF t of his guilt. sentence, supervised, &
AGUILAR DUENAS DUJALI DOSDOS MAGTOTO MORALES NAZAIRE PERTURBOS
PRONOUNCEME because such is controlled by the
JMC LEG TECH AY2020 10
already moot & BUCOR, in

NT OF HIS academic. coordination
BAPTISMA
BIRTH ANY OTHER
HOW AGE IS L
DETERMINED
CERTIFICA PERTINENT
CERTIFICA DOCUMENTS
TE
TE
IN THE
PHYSICAL
ABSENCE OF AGE TO BE
APPEARANCE
DETERMINED TESTIMONIES
DOCUMENTS BASED ON THE
OF OHER
OF THE CHILD
TO INFORMATION
FROM THE CHILD PERSONS
AND OTHER
RELEVANT
DETERMINE HIMSELF EVIDENCE
AGE IT SHALL
BE
RESOLVE CICL ENJOY
IN CASE OF THE
D
DOUBT PRESUMPTION OF
IN MINORITY
HIS/HER
FAVOR
DIVERSION PROGRAM
REFERS TO THE PROGRAM THAT THE CICL IS REQURED TO UNDERGO AFTER HE/SHE IS FOUND RESPONSIBLE
FOR AN OFFENSE WITHOUT RESORTING TO FORMAL COURT PROCEEDINGS (SEC 4-J, RA 9344)
DIVERSION PROGRAM SUBJECT TO THE FOLLOWING CONDITIONS:

1) WHERE THE IMPOSSIBLE PENALTY FOR THE CRIME COMMITTED IS NOT
MORE THAN 6Y OF IMPRISONMENT, LEO OR PUNONG BRGY WITH THE
ASSISTANCE OF THE LSWDO OR OTHER MEMBERS OF THE LCPC SHALL
CONDUCT MEDIATION, FAMILY CONFERENCING, AND CONCILIATION.
2) IN VICTIMLESS CRIMES WHERE THE IMPOSABLE PENALTY IS NOT MORE
THAN 6Y OF IMPRISONMENT, THE LSWDO SHALL MEET WITH THE CHILD AND
HIS/HER PARENTS OR GUARDIANS FOR THE DEVELOPMENT OF THE
APPROPRIATE DIVERSION AND REHABILITATION PROGRAM.
3) WHERE THE IMPOSABLE PENALTY FOR THE CRIME COMMITTED EXCEEDS 6Y
OF IMPRISONMENT,
AGUILAR DIVERSION
DUENAS DUJALI DOSDOS MAGTOTO MORALES NAZAIREMEASURES
PERTURBOS MAY BE RESORTEDJMC
TOLEG ONLY BY
TECH AY2020 12
THE COURT.
INTERVENTION
REFERS TO A SERIES OF ACTIVITIES WHICH ARE DESIGNED TO ADDRESS ISSUES THAT
CAUSED THE CHILD TO COMMIT AN OFFENSE. IT MAY TAKE THE FORM OF AN
INDIVIDUALIZED TREATMENT PROGRAM WHICH MAY INCLUDE COUNSELING, SKILLS
TRAINING, EDUCATION, AND OTHER ACTIVITIES THAT WILL ENHANCE HIS/HER
PSYCHOLOGICAL, EMOTIONAL, AND PSYCHO-SOCIAL WELL-BEING. (SEC 4-L, RA 9344)
NOTE: AN INTERVENTION PROGRAM COVERING AT LEAST A 3YR PERIOD SHALL BE

INSTITUTED IN LGU’S FROM THE BRGY TO THE PROVINCIAL LEVEL.
Rights of Children in Conflict with the
Law (CICL)
Every CICL shall have the following rights, including
but not limited to:
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 &
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. IN PARTICULAR, A CHILD DEPRIVED OF
LIBERTY SHALL BE SEPARATED FROM ADULT
Rights of Children in Conflict with the Law
(CICL)
Every CICL shall have the following rights, including but
not limited to:
e. A CICL shall be conveyed separately to or from court

f. A CICL shall await hearing of his/her own case in a
separate holding area
g. A CICIL shall have the right to maintain contact with
his/her family through correspondence and visits,
save in exceptional circumstances
h. 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
i. The right to bail and recognizance, in appropriate
cases
j. The right to testify as a witness in his/her own
behalf under the RULE ON EXAMINATION OF A CHILD
WITNESS
Rights of Children in Conflict with the
Law (CICL)
Every CICL shall have the following rights, including
but not limited to:
m. The right to be imposed a judgement 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
n. The right to have restrictions on 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
o. IN GENERAL, the right to automatic suspension of
sentence
p. The right to probation as an alternative to
imprisonment, if qualified under the
Probation Law 16
JMC LEG TECH AY2020
q. The right to be free from liability for perjury,
concealment or misrepresentation
r. Other rights as provided for under existing laws,
BAIL refers to the security given for the release of the person in custody of the law, furnished by him/her or
a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate
security, property bond, cash deposit, or recognizance.
Best Interest of the Child refers to the 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 child’s
physical, psychological and emotional development. It also means the least detrimental available alternative
for safeguarding
Child refers to the growthunder
a person and development
the age ofofeighteen
the child.(18) years.
Child at Risk (CAR) refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited to, the
following:
(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;
(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;
(5)being out of school;
(6)being a streetchild; DEFINITION OF
(7)being
AGUILARaDUENAS
member of a MAGTOTO
DUJALI DOSDOS gang;MORALES NAZAIRE PERTURBOS T JMC
E LEG
RM TECHSAY2020 17
(8)living in a community with a high level of criminality or drug abuse; and

(9)living in situations of armed conflict.
Child in Conflict with the Law (CICL) refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.
COMMUNITY- BASED PROGRAMS refers to the programs provided in a community setting
developed for purposes of intervention and diversion, as well as rehabilitation of the child in
conflict
COURT with the
refers tolaw, for reintegration
a family into his/her
court or, in places wherefamily
there and/or
are no community.
family courts, any regional trial
court.
DEPRIVATION OF LIBERTY refers to any form of detention or imprisonment, or to the
placement of a child in conflict with the law in a public or private custodial setting, from which
the child in conflict with the law is not permitted to leave at will by order of any judicial or
administrative authority.
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 his/her social, cultural,
economic, psychological or educational background without resorting to formal court
proceedings.
DIVERSION PROGRAM refers to the program that the child in conflict with the law is required
to undergo after he/she is found responsible for an offense without resorting to formal court
proceedings.
INITIAL CONTACT WITH THE CHILD refers to the apprehension or taking into custody of a
childAGUILAR
in conflict with
DUENAS DUJALI theMAGTOTO
DOSDOS law by lawNAZAIRE
MORALES enforcement
PERTURBOS officers or private citizens. ItTECH
JMC LEG includes
AY2020 the 18
time
when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of
Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section
INTERVENTION refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an individualized treatment
program which may include counseling, skills training, education, and other activities that will
enhance
JUVENILEhis/her psychological,
JUSTICE and WELFAREemotional and psycho-social
SYSTEM well-being.
refers to a system dealing with children at risk
and children in conflict with the law, which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to
ensure their normal growth and development.
LAW ENFORCEMENT OFFICERS refers to the person in authority or his/her agent as defined
in Article 152 of the Revised Penal Code, including a barangay tanod.
OFFENSE refers to any act or omission whether punishable under special laws or the Revised
Penal Code, as amended.
RECOGNIZANCE refers to an undertaking in lieu of a bond assumed by a parent or custodian
who shall be responsible for the appearance in court of the child in conflict with the law, when
required.
RESTORATIVE JUSTICE refers to a principle which 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. It
alsoAGUILAR
enhances public safety by activating the offender, the victim and
DUENAS DUJALI DOSDOS MAGTOTO MORALES NAZAIRE PERTURBOS
the community
in
prevention strategies.
STATUS OFFENSES refers to offenses which discriminate only against a child, while an adult
Formerly “Youth Detention Home” now ”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.
Part of the features of a ‘Bahay Pag-asa’ is an intensive juvenile intervention and support
center. This will cater to children in conflict with the law in accordance with Sections 20, 20-A
and 20-B. 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 child’s family.
YOUTH REHABILITATION CENTER refers to a 24-hour residential care facility managed by
the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or
accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation
services for children in conflict with the law. Rehabilitation services are provided under the
guidance of a trained staff where residents are cared for under a structured therapeutic
environment with the end view of reintegrating them into their families and communities as
socially functioning
AGUILAR DUENAS individuals.
DUJALI DOSDOS MAGTOTO Physical
MORALES NAZAIRE mobility of residents of JMC
PERTURBOS said centers
LEG TECH AY2020 may20 be
restricted pending court disposition of the charges against them.
ANTI-CHILD ABUSE LAW RA 7610, AS AMENDED
Children as understood under RA 7610, Children refer to:
1. Persons below eighteen (18) years of age
2. Those over but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or
condition (Sec. 3(a), RA 7610).
Child abuse - refers to the maltreatment, whether habitual or not,
of the child which includes any of the following:
3. Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
4. Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a
human being;
5. Unreasonable deprivation of his basic needs for survival,
such as food and shelter; or
6. Failure to immediately give medical treatment to an
injured
AGUILAR child
DUENAS resulting
DUJALI DOSDOS MAGTOTOin serious
MORALES impairment of his growth
NAZAIRE PERTURBOS 21
and development or in his permanent incapacity or death

(Sec. 3(b), RA 7610).
PUNISHABLE ACTS
1. Child prostitution and other sexual abuse

(Sec. 5, RA 7610);
2. Attempt to commit child prostitution (Sec. 6,
RA 7610);
3. Child trafficking (Sec. 7, RA 7610);
4. Attempt to commit child trafficking (Sec. 8,
RA 7610);
5. Obscene publications and indecent shows
(Sec. 9, RA 7610);
Child prostitution and other sexual
6. Other acts of neglect, abuse, cruelty or
abuse
exploitation and other conditions prejudicial
Children, whether male or female, who
to the child’s development (Sec. 10, RA
for money, profit, or any other
7610);
consideration or due to the coercion or
7. Establishments or enterprises promoting,
influence of any adult, syndicate or
facilitating, or conducting activities
group, indulge in sexual intercourse or
constituting child prostitution and other
lascivious conduct, are deemed to be
sexual abuse, child trafficking, obscene
children exploited in prostitution and
publications and
AGUILAR DUENAS DUJALI indecent
DOSDOS shows,
MAGTOTO MORALES andPERTURBOS
NAZAIRE other 22
other sexual abuse (Sec. 5, RA 7610).
acts of abuse (Sec. 11, RA 7610); NOTE: RA 7610 recognizes the existence of
8. Employment of children (Sec. 12, RA 7610); a male prostitute as a victim and not just an
Persons liable for child trafficking - Any person who shall engage in
trading and dealing with children including, but not limited to, the act of
buying and selling of a child for money, or for any other consideration, or
barter (Sec. 7, RA 7610).
Attempt to commit child trafficking -There is an attempt to commit child
trafficking:
1. When a child travels alone to a foreign country without valid reason
therefor and without clearance issued by DSWD or written permit or
justification from the child's parents or legal guardian;
2. When a person, agency, establishment or child-caring institution recruits
women or couples to bear children for the purpose of child trafficking;
3. When a doctor, hospital or clinic official or employee, nurse, midwife, local
civil registrar or any other person simulates birth for the purpose of child
trafficking; or
4. When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day- care centers, or other child-
caring institutions who can be offered for the purpose of child trafficking
(Sec. 8, RA 7610).
AGUILAR DUENAS DUJALI DOSDOS MAGTOTO MORALES NAZAIRE PERTURBOS 23
Persons liable for obscene publications and indecent shows
Any person who shall hire, employ, use, persuade, induce or coerce a child to
perform in obscene exhibitions and indecent shows, whether live or in video,
Persons liable for other acts of neglect, abuse, cruelty or exploitation
& other conditions prejudicial to the child's development
1. Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child's
development;
2. Any person who shall keep or have in his company a minor, twelve (12) years
or under or who is ten (10) years or more his junior in any public or private
place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or similar places. Provided,
that this provision shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond recognized by law,
local custom and tradition or acts in the performance of a social, moral or
legal duty;
3. Any person who shall induce, deliver or offer a minor to any one prohibited
by this Act to keep or have in his company a minor as provided in the
preceding paragraph;
4. Any person, owner, manager or one entrusted with the operation of any
public or private place of accommodation, whether for occupancy, food,
drink or otherwise, including residential places, who allows any person to
take
AGUILARalong withDOSDOS
DUENAS DUJALI him MAGTOTO
to such place
MORALES or PERTURBOS
NAZAIRE places any minor herein described; or 24
5. Any person who shall use, coerce, force or intimidate a street child or any
other child to;
Sanctions of Establishments or Enterprises
All establishments and enterprises which promote or
facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent
shows, and other acts of abuse shall be immediately
closed and their authority or license to operate
cancelled, without prejudice to the owner or
manager thereof being prosecuted under this Act
and/or the Revised Penal Code, as amended, or
special laws (Sec. 11, RA 7610).
NOTE: An establishment shall be deemed to

promote or facilitate child prostitution and other
sexual abuse, child trafficking, obscene publications
and indecent shows, and other acts of abuse if the
acts constituting the same occur in the premises of
said establishment (Sec. 11, RA 7610).
Employment of Children
GR: No children below fifteen (15) years of age may be employed. With
the XPN:
1. When a child works directly under the sole responsibility of his parents
or legal guardian and where only members of the employer's family are
employed: Provided, however, that his employment neither endangers
his life, safety and health and morals, nor impairs his normal
development: Provided, further, That the parent or legal guardian shall
provide the said minor child with the prescribed primary and/or
secondary education; or
2. When a child's employment or participation in public entertainment or NOTE: In the above
information through cinema, theater, radio or television is essential: exceptional cases
Provided, the employment contract concluded by the child's parent or where any such
guardian, with the express agreement of the child concerned, if child may be
possible, and the approval of the Department of Labor and employed, the
Employment: Provided, that the following requirements in all instances employer shall first
are strictly complied with: secure, before
engaging such
a. The employer shall ensure the protection, health, safety and morals
child, a work permit
of the child from the
b. The employer shall institute measures to prevent the child's
AGUILAR DUENAS DUJALI DOSDOS MAGTOTO MORALES NAZAIRE PERTURBOS Department26of
exploitation or discrimination taking into account the system and Labor and
level of remuneration, and the duration and arrangement of working Employment which
time; and; shall ensure
Prohibition on the Employment of Children in
Certain Advertisements
No person shall employ child models in all
commercials or advertisements promoting
alcoholic beverages, intoxicating drinks, tobacco
and its byproducts and violence (Sec. 14, RA 7610).
Discrimination of children of indigenous
cultural communities
Children of indigenous cultural communities shall
not be subjected to any and all forms of
discrimination (Sec. 20, RA 7610).
Who may file a complaint? “Comprehensive program against
1. Offended party; child abuse, exploitation and
2. Parents or guardians; discrimination” - refers to the
3. Ascendant or collateral relative within the third coordinated program of services and
degree of consanguinity; facilities to protect children against:
4. Officer, social worker or representative of a a. Child Prostitution and other sexual
licensed child-caring institution; abuse;
5. Officer or social worker of the Department of b. Child trafficking;
Social Welfare and Development; c. Obscene publications and indecent
6. Barangay chairman; or shows;
7. At least three (3) concerned responsible citizens d. Other acts of abuses; and
where the violation occurred. circumstances which threaten or
ANTI-CHILD PORNOGRAPHY LAW RA 9775
Child as contemplated under RA 9775 “Child”
refers to a person:
 BELOW 18 years of age; or OVER 18 years of age
but is unable to fully take care of himself/herself
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental
disability or condition (Sec. 3(a)Par. 1, RA 9775).
 A child shall also refer to: - A person, regardless
of age, who is presented, depicted or portrayed
as a child as defined herein Computer-
generated, digitally or manually crafted images
or graphics of a person who is represented or
who is made to appear to be a child as defined
herein (Sec. 3(a), Par. 2, RA 9775).
Child pornography
“Child pornography” refers to any representation,
whether visual, audio, or written combination
thereof,
AGUILAR by electronic,
DUENAS DUJALI DOSDOSmechanical, digital,
MAGTOTO MORALES NAZAIRE optical,
PERTURBOS 28
magnetic or by any other means, of a child

engaged or involved in real or simulated explicit
CHILD PORNOGRAPHY
Grooming
“Grooming” refers to the act of preparing a child or someone
who the offender believes to be a child for sexual activity or
sexual relationship by communicating any form of child
pornography (Sec. 3(h), RA 9775).
Grooming includes online enticement or enticement through
any other means.
Luring
“Luring” refers to the act of communicating, by means of a
computer system, with a child or someone who the offender
believes to be a child for the purpose of facilitating the
commission of sexual activity or production of any form of
child pornography (Sec. 3(i), RA 9775).
Pandering
“Pandering”is the act of offering, advertising, promoting,
representing, or distributing through any means any material
or purported material that is intended to cause another to
believe
AGUILARthat the
DUENAS material
DUJALI or purported
DOSDOS MAGTOTO material
MORALES NAZAIRE PERTURBOS contains any 29
form of child pornography, regardless of the actual content

of the material or purported material (Sec. 3(j), RA 9775).
CHILD PORNOGRAPHY MATERIALS – refer to the means and methods by which child
pornography is carried out:
1. AS TO FORM
A. Visual Depiction –
i. undeveloped film & videotapes,
ii. data and/or images stored on a computer disk or by electronic means capable of conversion into a
visual image
iii. Photograph, film, video, picture, digital image or picture, computer image or picture, whether made
or produced by electronic, mechanical or other means
iv. Drawings, cartoons, sculptures or paintings depicting children
v. Other analogous visual depiction
B. Audio representation of a person who is or is represented as being a child and who is
engaged in or is represented as being engaged in explicit sexual activity, or an audio
representation that advocates, encourages or counsels any sexual activity with children
which is an offense under this Act.
NOTE: Such representation includes audio recordings and live audio transmission conveyed through
whatever medium including real-time internet communications.
C. Written text or material that advocates or counsels’ explicit sexual activity with a child
and whose dominant characteristic is the description, for a sexual purpose, of an explicit
sexual activity with a child (Sec.3(c)(1), RA 9775).
2. AS TO CONTENT - includes representation of a person who is, appears to be, or is
represented as being a child, the dominant characteristic of which is the depiction, for a sexual
purpose, of the: Sexual organ or the anal region, or a representation thereof; or
IMPLEMENTING RULES & REGULATIONS IN HANDLING
CICL’s & CAR’s

Juvenile Justice System

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Juvenile Justice System

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JUVENILE

Circumstances which can mitigate RPC Art 68 – Privileged Mitigating

Effects of mitigating circumstances in the

OVER 15 EXEMPTING CIRCUMSTANCE, if he

Over 70 MITIGATING, no imposition of death

NOTE: It is the age of the accused at the time of

A CHILD WHO IS ABOVE 12 YO UP TO 15 YO AND WHO COMMITS;

 A CHILD WHO IS ABOVE 12 YO UP TO 15 YO AND WHO COMMITS AN

 SHALL UNDERGO AN INTENSIVE INTERVENTION PROGRAM

PROVIDED FURTHER, THAT IF THE BEST INTEREST OF THE CHILD REQUIRES

PROVIDED FINALLY, THAT IF THE CHILD HAS NO PARENTS OR GUARDIANS OR

NO SUSPENSION Sec 38 RA 9344 Sec 40 RA 9344 Nevertheless, the

already moot & BUCOR, in

DIVERSION PROGRAM SUBJECT TO THE FOLLOWING CONDITIONS:

NOTE: AN INTERVENTION PROGRAM COVERING AT LEAST A 3YR PERIOD SHALL BE

a. THE RIGHT NOT TO BE SUBJECTED TO TORTURE OR

e. A CICL shall be conveyed separately to or from court

m. The right to be imposed a judgement in proportion

(8)living in a community with a high level of criminality or drug abuse; and

and development or in his permanent incapacity or death

1. Child prostitution and other sexual abuse

NOTE: An establishment shall be deemed to

magnetic or by any other means, of a child

form of child pornography, regardless of the actual content

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