University of Cebu

Graduate School
 
Master of Science in Criminal Justice
with Specialization in Criminology

A Topic Report :
 
MSC 219B – Juvenile Offending Domestic Violence Crime
Victimization and Intervention
 
“R.A. 9344 – JUVENILE JUSTICE AND WELFARE ACT OF 2006
Sec.33-42”

Presented to :
 
DR. PAUL V. PIOQUINTO, CST, CSP, CCSSM, RCRIM
Professor
  
Presented by:
PEARLYN MAE D. PALADA
Your name
PRESENTATION SEQUENCE
Learning Objectives
Introduction/Topic Overview
SWOT
Conclusion
Recommendation
References
Topic Learning Objectives
At the end of this report:
 The learners will be able to analyze the provision of Section 33
to 42 of R.A. No. 9344 engaging Children in Conflict with the
law.
 The learners will be able to appreciate the court process
engaging Children in Conflict with the law.
 The learners will be able to distinguish the importance of court
proceeding engaging Children in conflict with the law.
INTRODUCTION
Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice
and Welfare System as 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.
Before R.A. No. 9344 was enacted, children at risk and CICL were treated much like adult
offenders as when former President Ferdinand Marcos, Sr. signed into law the Judiciary
Reorganization Act 1980 which abolished the juvenile and domestic relations courts. As such
child offenders were subjected to the same adversarial proceedings as their adult
counterparts.  As an offshoot of the United Nations Convention on the Rights of the Child
(UNCRC), the R.A. No. 9344 intends to deal with these children without resorting to judicial
proceedings. Instead of punishing juvenile offenders and treating them as criminals, these
child offenders will be provided by the State and the community with assistance to prevent
them from committing future offences (Sanchez, Overview of Philippine Juvenile Justice and
Welfare).
This discussion will focus on Sections 33 through 42 of Republic Act
9344, which includes:

Section 33. Preliminary Investigation and Filing of Information.

Section 34. Bail.
Section 35. Release on Recognizance.
Section 36. Detention of The Child Pending Trial
Section 37. Diversion Measures. 
Section 38. Automatic Suspension of Sentence. 
Section 39. Discharge of The Child in Conflict with The Law. 
Section 40. Return of The Child in Conflict with The Law to
Court. 
Section 41. Credit in Service of Sentence. 
Section 42. Probation as an Alternative to Imprisonment.
 STRENGHT
 This Court proceeding separates the CICL and Child at Risk from adults confinement to prevent the
criminalization of children through contact with adult offenders.
It recognizes that children have developmental needs that require different programs and services than
those for adults. It protects the well-being and safety of children. In recognition of this, separate units in juvenile
detention centers should be established for young adults assessed as suitable for the programs.
This detention center is called Bahay Pag-asa – Giving children hope and a brighter future.
Bahay Pag-asa, when translated into English, means House of Hope. The place serves as a short-term sanctuary
for children at risk (CAR) and children in conflict with the Law (CICL) in support of a restorative justice and
welfare system in a protective and enabling environment.
Rehabilitation not Imprisonment, The Juvenile Justice and Welfare Act (JJWA) of 2006 does not consider child
offenders, criminals. Instead, it also sees them as victims brought about by their bleak experiences and the
negative effects of the physical environment. These children now have hope that they may improve, change, and
work toward a better future because of this law. The Regional Juvenile Justice Welfare Council (RJJWC) acts as
the policymaking body to ensure that the law is implemented effectively in the regions.
WEAKNESS
 1) The delayed court proceedings,
Processing delinquency cases has received much less attention from policy makers,
practitioners, and researchers. This lack of interest may stem from the untested assumption that
the juvenile justice system is always swifter than the adult courts.
 2) The insufficient capacity of juvenile justice actors, social workers, police, prosecutors, and
judges, and
 3) The weak commitment from the LGU
Out of the 114 Bahay Pag-asa that should have been established by Provincial
Governments and highly-urbanized cities as mandated by law, there are only 35 operational
centers nationwide that offer services for Children in Conflict with the Law (CICL).  The lack of
support of the LGUs affected the delivery of programs for CICL among the 81 provinces and 33
highly-urbanized cities, which are required to implement measures to assist the youngsters to
step up prevention, intervention, diversion, rehabilitation, and reintegration programs that
would foster basic education, spiritual formation, life, and livelihood skills.
OPPORTUNITIES
 The Children in conflict with the law can acquire education, skills and other
learning programs through their rehabilitation process.

Base:
Considerable evidences show that most programs provide an enabling
environment for the rehabilitation and reintegration of CICL. Most CICL are
able to continue their formal education schooling through the programs in
which they participate. Some CICL are able to attend vocational training
programs. Interviews with parents and children confirm changes in the
behavior of the CICL in the programs.
THREATS
 The Children in conflict with the law will commit another crime.
In the Philippines it is not the first time that a teenager has committed heinous
crimes. Youth offenders are becoming braver and delving into more serious crimes. From
petty street crimes, they are now figuring in heinous crimes that would send them to jail for
life, or worse, join the death row in the absence of the Juvenile Justice law; the
implementation of which is now also being considered by some lawmakers to deter the
commission of drug-related heinous crimes.
But children at risk or children in conflict with the law are more vulnerable to human-rights
abuse. Hence, they need effective intervention to correct their behavior.
The law, however, seemed to fail in curbing the number of children getting involved in crimes.
Worse, those involved in petty and even serious crimes are getting younger and younger,
some committing crimes like robbery-holdup, murder, illegal drug use and peddling,
prompting some lawmaker to think about lowering the age of criminal responsibility.
CONCLUSION
A juvenile offender differs from an adult offender. Therefore,
juveniles in conflict with the law are to be treated differently
from adult delinquents. The court must take into account the
personality and needs of the juvenile, and social reaction toward
juveniles should be directed to education and assistance
measures to assist in their development, remove causes of anti-
social and criminal behaviour and prevent re-offending. All
procedures involving juveniles offenders must observe the
principle of proportionality take into account not just the crime
and risk for the society but also personality of the juvenile, home
environment, age, education and affinities.
RECOMMENDATION
• Care and protection systems should be strengthened to prevent children from
coming into contact with the law at all.
• It is vital that governments should decriminalize status offences and basic survival
behavior, as well as being a victim of sexual abuse and anti-social behavior.
• Governments should prioritize diversion options as a first response to children
coming into contact with the law. The formal justice apparatus should be called on
for violent offences only.
• Comprehensive, restorative juvenile justice systems, centered on children, should
take international standards seriously and improve upon the option of detention.
• Those who are violent with children need to be monitored closely and brought to
justice.
• Reintegration and rehabilitation in the community and in society must be upheld as
the twin goals of all work that concerns children in conflict with the law.
REFFERENCES
REPUBLIC ACT No. 9344            
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 AND FOR OTHER PURPOSES https://lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
https://batasnatin.com/law-library/criminal-law/general-provisions/2393-mitigating-circumstances.html

RA 9344 or The Juvenile Justice and Welfare Act of 2006: A Case Study on its Implementation in Bacolod City
https://legalresearchph.com/2019/06/16/ra-9344-or-the-juvenile-justice-and-welfare-act-of-2006-a-case-
study-on-its-implementation-in-bacolod-city/

Separation of adults and juveniles in detention

https://www.alrc.gov.au/publication/seen-and-heard-priority-for-children-in-the-legal-process-alrc-report-
84/20-detention/separation-of-adults-and-juveniles-in-detention/

The child in conflict with the law (CICL) (Part II of “Empowering our Children, Not Oppressing Them”
https://www.philstar.com/other-sections/education-and-home/2019/02/07/1891489/child-conflict-law-cicl

Delays in Juvenile Justice

https://www.ojp.gov/pdffiles1/Digitization/171640NCJRS.pdf
Only 35 centers in PH for children in conflict with law, (February 10, 2017)
https://www.sunstar.com.ph/article/125513/only-35-centers-in-ph-for-children-in-conflict-with-law

Juvenile Delinquency in the Philippines: Is Juvenile Justice Fair?, BusinessMirror May 19, 2022
https://businessmirror.com.ph/2022/05/19/juvenile-delinquency-in-the-philippines/

Bahay Pag-asa: A haven of second chances for child offenders, Published on: January 31, 2023 By Gelaine Louise Gutierrez
https://pia.gov.ph/features/2023/01/31/bahay-pag-asa-a-haven-of-second-chances-for-child-offenders
THANK YOU!!!!